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1993.01.05_TC_Minutes_Regular-~ TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, January 05, 1993 1:30 .m. Mayor Joseph A. Boulay called the Regular Meeting of the Town Com- mission of the Town of Highland Beach, Florida, to order in the Commission Chambers at Town Hall at 1:30 p.m. Others present were Vice Mayor Bill Paul, Commissioners Arlin Voress, Arthur Eypel, and John F. Rand. Also in attendance were Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Town Clerk Anne M. Kowals, and members of the general public. Following roll call, the Pledge of Allegiance was given. Mayor Boulay, noting the December 29, 1992, Workshop Meeting was cancelled due to lack of a quorum, advised this Regular Meeting will be recessed in order to address the December Workshop Meeting Agenda items; the Regular Meeting will then be reconvened with the Agenda for same being considered by the Commission. The Mayor recessed the Regular Meeting at 1:36 p.m. and called the Workshop Meeting to order. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA It was the consensus to accept the Workshop Meeting Agenda as submitted. 92.1 PUBLIC COMMENTS AND REQUESTS There were no public comments and requests. 92.2 BOARDS AND COMMITTEES Mayor Boulay, noting Code Enforcement Board Member Theodore F. Boepple's term expires this month, stated Mr. Boepple advised he is not interested in being reappointed to the Board. The Mayor extended thanks to Mr. Boepple, on behalf of the Town Commission, for his many years of service on the various Town Advisory Boards. Mayor Boulay, citing the current Talent Bank Applications on file, noted at the request of Mr. Joseph Sarubbi, previously interviewed by the Town Commission, his Application was reactivated for a one year period. n U Town Commission Regular Meeting Minutes January 05, 1993 Page 2 of 7 It was noted no correspondence was received from Boards and Committees. 92.3 PROPOSED ORDINANCES AND RESOLUTIONS There were no proposed ordinances and resolutions for consideration. 92.4 DISCUSSION RE JANUARY/FEBRUARY '93 NEWSLETTER It was noted that, following review of the January/February '93 Newsletter by the Mayor, Commissioner Eypel, and staff, same was approved for mailing to residents as this issue contained dated information of importance (i.e. Christmas tree recycling pick up date; Property Appraiser's representatives at Town Hall to accept Homestead Exemption Applications, etc.) Mayor Boulay extended appreciation to Deputy Town Clerk Doris Trinley for her hard work in preparing this Newsletter. MISCELLANEOUS - ITEMS LEFT OVER Status of building development in Town The Commission received and reviewed the Status of building development in Town, a report submitted by the Building Department. Following a brief recess to remedy a problem that surfaced with the videotaping of this procedure, the Mayor reconvened the Work- shop Meeting at 1:50 p.m. Minutes for approval at January 1993 Regular Meeting It was the consensus to move the November 24, 1992 Workshop Meeting and December O1, 1992 Regular Meeting Minutes to the January Regular Meeting Agenda for consideration. REPORTS - TOWN COMMISSION/TOWN ATTORNEY/TOWN MANAGER The Commission Members, Town Attorney, and defer their reports to the Regular Meeting procedure. At this time, Mayor Boulay noted a portion was to continue discussion of the proposed Charter as submitted to the Town Commission Board. Town Manager opted to portion of this of the Workshop Meeting amendments to the Town z by the Charter Review Town Commission Regular Meeting Minutes January 05, 1993 • Page 3 of 7 Commissioner Voress, noting the Commission was to hold further discussion regarding term limitation, cited a "List of Commission Members since 1972" compiled by former Vice Mayor Michael Dent. Noting there were just two Commission Members who served more than three consecutive terms, the Commissioner stated "we have not had anyone serve long terms in office." Mayor Boulay noted the elected officials pret his job, the residents to office again). The never a problem and he to this concern. make-up of the Town controls terms of ty well (if an elected official is not doing are sure that official will not be elected Mayor stated, historically, this matter was sees no problem in the future with regard Commissioner Rand reiterated his remarks presented at previous meetings regarding each Commission Member having an equal vote; therefore, each seat (Mayor, Vice Mayor, and Commissioner) should fall under the term limitation of three consecutive two year terms. The Commissioner further noted the amendment to the Charter should indicate that an appointment to fill an unexpired term of office is not to be considered in the term limitation unless it is an appointment for a two year duration. Commissioner Eypel noted he feels what is fair for the Vice Mayor and Mayor should also be fair for the Commissioners; however, it is his belief the citizens of the Town take care of the term limitation as they cast their ballots during an election. The Commissioner advised, though he is in favor of equalizing the status, he sees no need for the change. Vice Mayor Paul advised he can see equalizing the term limitation but, inasmuch as residents are not lining up to run for office, we might get into a position where we have individuals on the Commis- sion who do not want to serve as Mayor or Vice Mayor and we will not have qualified persons to hold that office. ADJOURNMENT At the conclusion of substantial discussion of term limitation, it was the consensus to adjourn the Workshop Meeting at 2:10 p.m. at which time the Mayor reconvened the Regular Meeting. ADOPTION OF AGENDA It was the consensus to move Agenda Item no. 9 (Reports - Boards and Committees) to a position immediately following Agenda Item no. 5 (Public Comments and Requests). The Agenda was accepted as amended, without objection. Town Commission Regular Meeting Minutes January 05, 1993 Page 4 of 7 APPROVAL OF MINUTES The following Commission Meeting Minutes were unanimously approved as written upon MOTION by COMMISSIONER RAND/COMMISSIONER VORE5S November 24, 1992 - Workshop Meeting December O1, 1992 - Regular Meeting PUBLIC COMMENTS AND REQUESTS There were no public comments and requests; however, Villa Magna resident Leonard Bell thanked the Commission for a wonderful '92 and extended greetings for a Happy, Healthy New Year. REPORTS - BOARDS AND COMMITTEES At this time, the Commission addressed Agenda Item no. 9 (moved to this position upon amendment and acceptance of Agenda). Mayor Boulay, noting the scheduled meetings of the various Town Advisory Boards, cited the existing vacancy on the Code Enforce- ment Board. COMMISSIONER RAND/VICE MAYOR PAUL MOVED to nominate Joseph Sarubbi • to a three year term on the Code Enforcement Board. The MOTION received unanimous approval. Mr. Sarubbi, present in the audience, accepted the nomination and thanked the Commission for the opportunity to serve on the Code Enforcement Board. REPORTS - TOWN COMMISSION Vice Mayor Bill Paul Vice Mayor Paul, under his report, extended greetings to all for a Happy and Prosperous '93. Commissioner Arlin Voress Commissioner Voress extended thanks to Deputy Town Clerk Doris Trinley for the January/February '93 Newsletter. The Commissioner, recognizing Chief Cecere and his Staff for the manner in which they handled the situation of the Haitian aliens on December 16, 1992, acknowledged receipt of a letter to the Town from Channel 25 (WPDF) commending our Police Department for their professionalism in working with the media during this occurrence. • Town Commission Regular Meeting Minutes January 05, 1993 Page 5 of 7 Commissioner Voress advised, at the January Workshop Meeting, he would like to report on the Town's efforts in keeping its infra- structure up to snuff. The Commissioner noted Delray Beach has installed a new water plant which now results in Highland Beach having compatible water on both sides (Boca Raton and Delray Beach lines). Commissioner Arthur Eypel Commissioner Eypel's report (a copy of which is attached to and made a part of these minutes) reflected on the year 1992 in which the Town achieved a great deal. Commissioner John F. Rand Commissioner Rand, under his report, encouraged residents to take a greater role in Town matters. The Commissioner noted there is a lot of talent in Town; he urged residents to submit their Talent Bank Applications as appointments to the various Town Advisory Boards are made according to one's experience and talents. Mayor Joseph A. Boulay Mayor Boulay noted the Town's Advisory Boards have been doing a fine job. The Mayor advised the Municipal Election is scheduled for Tuesday, March 09, 1993, at which time residents will elect a Mayor and two Commissioners. The Mayor noted qualifying of candidates begins at noon on Tuesday, Janaury 26, 1993, and runs through noon, on Tuesday, February 09, 1993. Mayor Boulay extended best wishes for a Happy New Year to one and all. REPORTS - TOWN ATTORNEY Town Attorney Thomas E. Sliney reported on the status of existing litigation that is presently in appeal and noted it is anticipated the two most contested cases will be resolved during 1993. REPORTS - TOWN MANAGER Town Manager Mariano reported 1992 was a productive year. The Town Manager extended thanks to the Commission and Town Attorney Town Commission Regular Meeting Minutes January 05, 1993 • Page 6 of 7 for their support during the past year. Town Manager Mariano further extended thanks to the Staff who have shown loyalty and support of her administrative policies noting it is her hope that all will work together in '93 to solve any problems that may arise. PROPOSED ORDINANCES AND RESOLUTIONS None REGULAR BUSINESS Items Left Over - Consent Agenda - None None At this point, the Commission returned to discussion regarding term limitation. At the conclusion of substantial deliberation, COMMISSIONER VORESS MOVED the Commission approve the changes proposed by the Charter Review Board with the following exceptions: "Page CH-6, successive terms....the Town Commission will be limited to three successive terms as are the Mayor and the Vice Mayor." "Page CH-9, Public Water....delete the wording 'the same to private individuals for profit' and insert 'at fees approved by ordinance' in its place." Commissioner Voress repeated "We approved, with those exceptions, what the Charter Review Board recommended. COMMISSIONER RAND SECONDED the MOTION. Further discussion ensued. COMMISSIONER VORESS amended his origi- nal MOTION to accept the modifications as recommended by the Town Attorney and drawn by the Town Manager which modifications were to add two sentences to Sub-section 3 of Section 1.06 to read as follows: "No person may serve more than three (3) successive terms as Mayor. No person may serve more than three (3) succes- sive terms as Vice Mayor. No person may serve more than three (3) successive terms as Commissioner. The aforesaid term limitations regarding the offices of Mayor, Vice Mayo and Commissioner shall not include anv appointments by the rninq body to fill unexpired terms." Town Commission Regular Meeting Minutes January 05, 1993 • Page 7 of 7 COMMISSIONER RAND SECONDED the amended MOTION. A roll call vote resulted in each Member casting an "AYE" vote. The Town Attorney was directed to draft an ordinance regarding term limitations in preparation for a referendum that will appear on the March 09, 1993, Municipal Election Ballot. On behalf of the Town Commission, Mayor Boulay extended thanks to the Charter Review Board Members for their efforts regarding the proposed Charter Amendments. A Resolution to disband the Charter Review Board will be prepared for discussion at the January Work- shop Meeting. ADJOURNMENT Upon MOTION by COMMISSIONER RAND/COMMISSIONER EYPEL, Mayor Boulay adjourned the Regular Meeting of the Town Commission at 2:55 p.m. APPROVED: se A. Bou ay, Mayor Bill Paul, Vice Mayor n wore, com~issioner Arthur E~~LCotdmissi 1 / ~ °"'- Rand, Commiss t ATT ST: ~-t.cnc.~-c/ te: o COMMISSIONER EYPEL'S REPORT OF 1/05/93 REFLECTIONS OF THE PAST YEAR It is my feeling that 1992 was a year in which our town achieved a great deal. The reason 1992 was a positive experience for me can be very simply stated. This community is populated by vital, concerned people who are not afraid to stand up for what they think is right. If I may, I would like to mention but a few of the issues that not only gained my attention but gave me a sense of pride to participate in and move toward the resolution thereof. As the appointed liaison for legal matters to the commission, for obvious reasons, during the pre-trial period I am limited somewhat as to what I can say publicly, but I would like to tell you that this commission has worked very hard to resolve the suits we are currently involved in. We inherited a sizable amount of baggage-- the highly publicized RTC Federal suit is in the hands of the 11th Circuit Court of Appeals. I, for one, feel very confident with the way our case is being handled. Hopefully 1993 will bring good news on this front. I can assure you, this commission and our legal staff is focused on a positive conclusion in this matter, the overturning of this judgement against our town or some sort of suitable end. The second issue I would like to touch on is the movement of the coastal construction control line. Due to the efforts of the • Concerned Citizens of Highland Beach, and a coalition of other coastal communities, we have been granted a temporary reprieve. Once again, the citizens of Highland Beach led the way in engaging a very large state agency in what is clearly an unfair attempt at regulating the use of private property. This was and is clearly a 'David and Goliath' analogy. It just goes to prove, when a small group of people decide to take a stand and are not afraid to pay the price, in this case, time, effort, money, and a lot of guts, no task is too large. I look forward to a successful conclusion in this matter during 1993. Not only was this an enlightening experience for me personally, but it made me very proud to be a citizen and an elected official of the town of Highland Beach. On to Hurricane Andrew! Much was learned from this catastrophic storm. Fortunately, we suffered minimal damage. What happened after the storm was quite positive. Town Manager Mariano conducted an assessment of the town's capabilities before, during, and after a storm, and a number of conclusions were reached. The procedures that need to be improved are in the works and, all in all, we are better prepared should we face a natural occurrence of this magnitude in the future. I would also like to mention, our police department, under Chief Cecere's direction, acted with a great degree of professionalism while in harm's way. Commissioner Eypel's Report Page Two Next item--Fire/Rescue. 1992 was a year of concern on this front. The cost of providing Highland Beach with the best possible fire/rescue service has quickly escalated to what many consider unreasonable levels. Our town manager, this commission, and a special task force are looking into all the viable options avail- able. One thing is clear from my perspective. Whatever we do in '93 and the years to come should in no way compromise the quality of service our residents receive. This, I believe, is one of the single most important issues facing us in 1993. The next highlight of 1992 was one I was honored to take part in. Based on Chief Cecere's recommendation, the commission approved the promotion of Officer Frank Mencik to the rank of Technical Sergeant. Sergeant Mencik's contributions in the areas of electronic equipment has been invaluable to the police department. Thanks, Frank, for a job well done. We enjoy the benefits of one of the most well equipped and professionally trained police departments in the state. I, for one, feel very secure living here. Last, but certainly not least on my short list, is the recently distributed Water Distribution System Evaluation. James M. Montgomery, our engineers, have provided us with a detailed evaluation of what our concerns should be and how to intelligently assess our needs. The second pipeline is currently in the design and permitting stage and it appears this long range goal will materialize in the coming months. In conclusion, there is no doubt our town is moving rapidly into the nineties. Hopefully this commission, future commission boards, and board members will provide the direction and leadership necessary for a successful journey. I have spent the majority of my life here and I plan to remain for the balance I have left. This-is paradise and I, for one, am grateful to be here.