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1991.08.06_TC_Minutes_Regular TOWN OF HIGHLAND BEACH, FLORIDA { Town Commission Minutes Regular Meeting Tuesday, August 6, 1991 7:30 P.M. Mayor Joseph A. Boulay called the Regular Meeting of the Town Commis- sion to order in Commission Chambers at 7:30 P.M. Deputy Town Clerk Doris Trinley called the roll. Present were the Mayor, Vice Mayor Bill Paul and Commissioners Arthur Eypel, John F. Rand and Arlin Voress. Also present were Town Manager Mary Ann Mariano, Town Attorney Thomas E. Sliney and members of the general public. After the Pledge of Allegiance to the Flag, Adoption of Agenda took place, amended to include a resolution regarding recycled /recyclable paper for use in all areas of government (item No.5 under Ordinances and Resolutions in these minutes). APPROVAL OF MINUTES Upon MOTION by COMMISSIONER RAND /VICE MAYOR PAUL, the following minutes were approved with unanimous vote: June 25, 1991 - Workshop July 02, 1991 - Regular PUBLIC COMMENTS AND REQUESTS Jose Echeverria, Turtle Season Coordinator, addressed the members, bringing them up -to -date on the status of the current season; he com- mended Police Chief Cecere and his officers for their cooperation in ensuring that the "lights out" ordinance was being adhered to by all beachfront properties. As the Town's representative on the Palm Beach County Beaches and Shores Council, he briefly noted Town properties on which single family residences are being planned, as regards no build- ing seaward of the CCCL. REPORTS - TOWN COMMISSION Vice Mayor Bill Paul had no report. Commissioner Arlin Voress reported on the need for a structure to house the recently rebuilt emergency generator, to be located at Lift Station No. 1. He noted that in the event of a hurricane or other natural dis- aster, it was imperative that the generator be in place rather than having to move it under adverse conditions. Mrs. Mariano advised that an estimate of approximately $10,000 had been received and funding was available through the Enterprise Budget (this fiscal year). After some ./p Town Commission Regular Meeting August 6, 1991 �1 Page 2 of 6 discussion regarding the size, materials to be used and approximate timeframe to completion, the following MOTION was made by COMMISSIONER VORESS/ COMMISSIONER RAND and met with unanimous vote: THE TOWN MANAGER IS DIRECTED TO REVIEW ALTERNATIVE METHODS OF CONSTRUCTION TO HOUSE THE EMERGENCY GEN- ERATOR AT LIFT STATION NO. 1 AND PROCEED TO HAVE SUCH STRUCTURE BUILT. The Commissioner then addressed the proposed Charter Review Board and suggested that the members be prepared to appoint members at the next Regular Meeting (September). It was agreed that all proposed nominees be asked to submit a Talent Bank Application as well as a resume. It was also reiterated that the Vice Mayor and Commissioners would submit two nominees each for consideration, while the Mayor would submit three nominees. Regarding the Town's NPDES permit, Commissioner Voress noted the possi- ble need for the Town to adopt ordinances to encompass environmental concerns as set out by the EPA. This matter will be discussed at a future date. Commissioner Arthur Eypel read a prepared statement, responding to a recent article in the Sun Sentinel which had to do with the Commis- sion's trying to find ways to accomplish enforcement of the Town's leash law for dogs. The Commissioner felt the article was irresponsi- ble and made light of what could be a potentially serious problem. (The Commissioner's remarks are attached to and made part of these minutes.) Commissioner John F. Rand prefaced his report with questions about the status of the additional Intracoastal pipeline (to be included under the Town Manager's report) , a property owner in Bel Lido who had pur- portedly illegally turned on a water meter after it had been shut off by the Town for non - payment (owner has been issued a Citation and is scheduled to appear at next Code Enforcement Board meeting) and if the Town has a burglar alarm ordinance in place (yes; enforced). The Commissioner then read into the record his views on enforcing the six -year term for service on any given Board (attached to and made part of these minutes). After substantial discussion among the Commission and the Town Attorney, and upon MOTION by COMMISSIONER RAND/COMMISSION- ER VORESS, the following received unanimous favorable vote: THAT WE ABIDE BY THE SIX -YEAR LIMITATION OF CONSECUTIVE SERVICE BY A MEMBER ON A SPECIFIC BOARD AND THAT SUCH MEMBER SHALL NOT BE ELIGIBLE FOR REAPPOINTMENT TO THAT PARTICULAR BOARD UNTIL TWO (2) YEARS AFTER RESIGNATION OR EXPIRATION DATE i r Town Commission Regular Meeting August 6, 1991 Page 3 of 6 OF SUCH SIX -YEAR SERVICE. TO AVOID ANY FURTHER CONVENIENT INTERPRETATION OF THIS AMENDED ORDINANCE, IT SHALL BE UNDERSTOOD THAT IF A BOARD MEMBER IS APPOINTED TO A SECOND CONSECUTIVE THREE -YEAR TERM, AND THAT MEMBER RESIGNS AT ANY TIME DURING THE SECOND TERM OF OFFICE, THE TWO -YEAR HIATUS SHALL APPLY FROM THE DATE OF RESIGNATION. THE SIX -YEAR LIMITATION PERTAINS TO SERVICE ON ONE PARTICULAR BOARD AND IS NOT INTENDED TO PRECLUDE SUCH MEMBERS FROM BECOMING IMMEDIATELY ELIGIBLE FOR SERVICE ON ANOTHER BOARD IF THEY WISH TO APPLY AND ARE APPOINTED BY THE TOWN COMMISSION. Commissioner Rand next addressed his reasons for disagreeing with "Alternate" appointments to Town Boards (attached to and made part of these minutes) . He also noted the disparity among the various boards as regards those having no Alternates (some 5- member; some 7- member) versus those having 5 Regular Members plus 2 Alternate Members. Con- cluding discussion on this topic, the Town Clerk's Department was di- rected to do a survey to determine the number of instances those Boards with 5 Regular /2 Alternate members needed an Alternate to secure a quorum for their meetings. Mayor Joseph A. Boulay advised the members of his work with the Palm Beach County Water Resources Advisory Board, and the Municipal League, to institute a Countywide Conservation Ordinance regarding use of irri- gation systems. He said his work with these agencies was specifically geared to allowing the Town, as well as other municipalities, to im- plement irrigation restrictions in line with, or more stringent than, those imposed by the County ordinance. Regarding the number of dog owners in Town, the Mayor said he had fi- nally received updated information from the County, noting he had counted 75 dogs registered. He recommended that the Town educate residents to the current leash ordinance through the Newsletter; there- after, a personal letter would be sent to each of the owners to further advise of the regulations now in place. Mayor Boulay also noted the 1991 U.S. Women's Chess Championship to be held in Commission Chambers (opening ceremonies and first round on August 18; final round and closing ceremonies on August 24) and re- minded residents that all are welcome to observe. REPORTS - TOWN ATTORNEY Mr. Sliney brought the members up -to -date on the status of both the Milani and Broadview matters. r Town Commission Regular Meeting August 6, 1991 Page 4 of 6 A proposed ordinance, which would change the designation of "Vice Mayor" to "Deputy Mayor," had been previously transmitted to the members by Mr. Sliney and, after substantial discussion, Commissioner Rand withdrew said proposed ordinance for consideration. Regarding the lease agreement with Palm Beach County for the Town's fire /rescue facility, Mr. Sliney assured the members that he had re- viewed same and everything was in order. REPORTS - TOWN MANAGER Mrs. Mariano gave a status report on the additional Intracoastal pipe- line, saying the survey is currently being drawn and permitting appli- cations are being prepared for processing. She advised an analysis is being done with regard to trenching methods to be included in the ap- plication process and noted that the complete installation process would take about one (1) year. Regarding a Government Open House proposed for early December, the Town Manager said staff is working on preparations for a program. Mention will be made of the event in the upcoming Newsletter and the following Newsletter (perhaps mailed a little later in November) would include a separate "invitation" to the residents. REPORTS - BOARDS AND COMMITTEES Mayor Boulay referred the members to the Board Action Report for July and proceeded to note Board vacancies. Action taken was as follows: Code Enforcement Board - 1 Regular Member. No appointment made at this time. Financial Advisory Board - 1 Regular Member. Upon Motion by Commissioner Rand /Commissioner Voress, with unanimous vote, FRANK A. MAGARACE was appointed to a 3 -year term. Planning Board - 1 Regular Member; 1 Alternate Member. Upon Motion by Vice Mayor Paul /Commissioner Voress, with unanimous vote, PAUL R. KANE, SR. was appointed to a 3 -year term. Note Mr. Kane had previously served as an Alternate Member and his appointment as a Regular Member created 2 Alternate Member vacancies. However, until the Commission makes a decision on whether to go to full Regular Member Boards with no Alter- nates, or to retain the present system, it was their consensus that these 2 Alternate slots not ..� be filled. Town Commission Regular Meeting August 6, 1991 Page 5 of 6 PROPOSED ORDINANCES AND RESOLUTIONS Mayor Boulay gave first reading, by title only, to the following ordi- nances: NO. 1: AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, TO EFFECT A TAX LEVY BASED UPON THE 1991 TAX ROLL OF THE TOWN OF HIGHLAND BEACH, FLORIDA. NO. 2: AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPROPRIATING FUNDS FOR THE FISCAL YEAR 1991 -1992, BEGINNING OCTOBER 1, 1991 AND ENDING SEPTEMBER 30, 1992. NO. 3: AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE TOWN CODE, CHAPTER 29 ENTITLED "WATER SYSTEM," SECTION 29 -10 ENTITLED "CHARGE FOR WATER SERVICE." NO. 4: A RESOLUTION ENTERING INTO A LEASE AGREEMENT BETWEEN THE TOWN OF HIGHLAND BEACH, FLORIDA, AND PALM BEACH O..i COUNTY BOARD OF COMMISSIONERS ON BEHALF OF THE FIRE /RESCUE DEPARTMENT FOR FIRE STATION RENTAL. (Adopted upon Motion by Commissioner Rand /Commis- sioner Eypel with unanimous vote.) NO. 5: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, URGING THE COUNTY'S ELECTED FEDERAL, STATE AND LOCAL GOVERNMENT OFFICIALS TO CON- SIDER LEGISLATION WHICH WILL ENCOURAGE THE USE OF RE- CYCLED AND RECYCLABLE PAPER IN THE CONDUCT OF GOVERN- MENTAL BUSINESS. (Read into the record by Mrs. Mariano and adopted, with amendments as noted, upon MOTION by Vice Mayor Paul /Commissioner Voress.) REGULAR BUSINESS Items Left Over Upon MOTION by VICE MAYOR PAUL /COMMISSIONER VORESS, with unanimous vote, the revision of the Camelot on the Atlantic Agreement was ap- proved. Upon MOTION by COMMISSIONER VORESS /COMMISSIONER EYPEL, with unanimous vote, the Braemar Isle Condominium Modification Plans were approved. Town Commission Regular Meeting August 6, 1991 Page 6 of 6 There being no further business to come before the Commission at this time, the meeting was adjourned upon MOTION by COMMISSIONER VORESS/ COMMISSIONER RAND at 8:50 P.M. dmt APPROVE: Ma or ose A. Boulay --- Vi aayp ill ; Comm issioner Art. r E pel C oner John - .R Comma stoner Arlin Voress ATTEST • DATE: u � iaZ�K pIS �Ct1M Lr a� Y^C UMW f!�Q:.lm4M CR p � G � ¢'A.i �.. wtu�- . v ---- ------ vu6Q w �a a��cvvi.. �ei. a o ol I cup. �WA P+d�n! n� CJ- U G dAw\ �JmtA ---Off ------ d '07- AlAgUzAIGS 6 1 - Ij AS I rt; �a Prov MeetirL-&', thf, To%= of I ghlz; 1 6ach lveissU bo�xdE cone�j,t.?ititd az follows: W,iiRLD I-;F re.- menubers with 2 ai CODE ENTFOMZzt regu&6x weiabars ereat e s �PPI U�a� ; vath 2 aitovnateE `: 5v. iY j -rs re, -L�x sixmbe viitli A_Q --AL'&-T'd!AT3'5 Wjkt ra taates A� I frarIzIy not beer. able to - why so: Boards have 5 . --Ar� 7 some Doarde have 2 alt-eraat;z: WIL Ut-"iETS dO 1 '01. 1 hovvercr ls=ned that being an w: zmezber cf e'.. Bocar; does, not automa" revmlt in that alternat.- becoming a (Jen-tiar a ra Flax xibmber vao�aacy s=faces. i fail to see , ixiducemenu F. - t�erson viould hwre in servigg if af f..:Athfu2-ILy bi-Aing it*e4. a Pa 0 ip- ax-ic. " 6 r L; ; U�. Qqa.n - 0��i Z�.ay i -C� Fnae z4i 01 C omes pe=- up lor d'izeua ,Z �Iznd sv:�-n ,-a; �Zntit*'-d to vo *� JS a rty reg aaei4ers is 'I"-lang z such ax mi g- A quo of not d ay oonsidered r i - .vlleri V C7 CzAsts. I fine that po�cty be. dizi;: rill ir, - .a; - How re. ar(Iless of ahu'Lo we - ' - o do �Uovt alte - i e e.i.ber I ;j err at M 1 S I Vould like to twat we contimxe to select boerd members ao- I- �� , :.t!` " 1 - pt D merit basis axio� be �;- . -x - ;Fhuld interview evA�h appliceat . au0s provi�,e - az with 'Ius opinion as to wh or no the appijeant ja i o st-:e-ve. - Zh,�� Tovra Solari s -interview of each applicz�jit is at beo' I ,R aleto like to Th"t we members of the take the initi 1-n. ask ing-e specific persons AIM, we feel ha G and personality r t to Voo, vacza r'-titiner de-perj.0 isolely Oil -AS 11i the talent bank who ti e; uA, , f - ,�'or r4 pCxtievaar As far as I am w-- b.ave seYeral choices to consider,, i*eo 2.- We make ul ii:l.om'Lcrc V crr4L , , ,, :ert rembers 2- We elirainate the position xl*kw*,.X altoeet - ;dc on this cours:! 0.V actioa then those alternate members Vre�eutly serviii6 E be - perm its, e& to serve until il they resign or when their appoiutme expizes at, -41i-ich time 04e alt"emate position oid t.4at boi;xd vvroul '0e; revier the eow.Vosition of the tkree boards that have alternates and decide whether we do away with the alternates on one or wore of su(;ii -es are desirable or nk:,edad that boards l and W here fees. 4ha t alte arat we make them regmlar riembere xhich - would be my recommendation. I think we shou4d discuss it now end deve34pp a consensu&,ed not procrastinate this ' SSu8 any longfr- j 0 M F.P p Before delving into the Ltd j C t of August 6 1 , . alter :te Board Members,, I shau:td life to fC1s ora tlr aa,aaar; to,. a circumven.tic)n of the in? Gemt �lLc?d a .ri u: our � ov�j* s � .t �ati3d rOSt iC'%ion. 'whet a board memb I=ra' I'!ot see: - Ve mo ar_ sew E3 onzec*tI # Ye444 6 as a . � °tieular board, In the Vast, it has been interpreted that if . orz - ,eone is near complet of aix Consecuti years 02 ze rv:LQ tb.:.3t . s p er°�on resi. ;mac; revs dn.s out of Oeffice yar about 30 days S i Cam, 3? ., .en etc: elig1.ols to eE�ry c fc r :Y a. Ct;?Q.sEi:'i2�a:±.�� c'�'�va �� :from f.:. �r.� 1_ stand - Doi r_t that may be a correct interpret,ation 1 - t om ` it is total . m:la"apez dJ SCQUX4 ,e6 our res;W' n.ta trox wanting ng . V + e on .� } s x'y + ae v4 u�x } : i : s � n a � : ( 76 � a she.t y� hi r ry e g s . � e � To n b lood a t i rts Cora c'si ..p.7.�.x,u�t' o �r.l.'ws * �� do g� La`-IW+n Ui: Ci ed f ,{�.�frtF L. e lf to �e7.1v/�;�t�.}.ract i4y� ♦if loor� _ g on f'vu bo*.r(ks.7 �,vi i7�'�. oY k ar. - oVl +.:L i c {�i,, or �r 4�oi[Ttq �n te a? ..• tFjC= jJ.'�t�(: ii r+ p en d i'1yk .il. iw - ionz f Yy�une sJ`erl�ioe in our Talenit eve.- before 1 thy._ k our revidetts Il ve soused and wQ1Ca� Qd our e nLst any. cin.c ere appe . for tte� to par pate in O ur Gip s f .; ~ q4 ft p *�py�� f .iNiii+ii. ei V r e ;i t i s my .0 a c V 7�.tZ1_L'e w V i on 7 c zw I put i t LL, * s T a t he . of a m otion s �� .� � e ae by the six year limttation of COUSSOtOve service Irj a Z=be ° on a 3pecig3C#BO d and that Such member ahEQU not *11 for reappointment to that particular Bow unt .1 2 years ,`ter resit=ati&U or expiration date of such six year ser'iT': oe# To avoid 1 r = iI;� IIt � ,.y�:i r . ,n of this -, ended 6 rE 1?I °1G`o L 0 2 : .'r UE Zi.�?.af'rs�:tJC t i 71 ' � `. a Board IIIL'�tbBT' is c��3x7t37 tee. to r€ s1l gns at EM Y time d .ng that zeccnd term of offiCc the t%�io _;rra,,r hiatus shal! app from the date of resig na4tion, a.+e oix year lUi tIUd)n _3erta=* to service on €one particul. -1 bo,w i =d is no t i� to .d ? to preclude snttah bn °piers from beoamir ediatoly eligible for sery it e €gin another board if' t wish t4 apply i:ui 1 abro by t! Toun, #a'om7°1:F..4 s,1t1H 00!1 se-? 0-ner