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1991.01.02_TC_Minutes_Regular~ 1 , s • TOWN ~GF HIGHLAND BEACH, FLGRIGA Minutes of Meeting of Town Cammi ssiarr REGULAR MEETING Nlednesda J,~nu,--• 02 1991 7:30 F.M. Mayan Joseph A. Bout ay cal 1 ed the Regul ar• Meeting of the Ta~din ~„ammi ~- si an of the Tawn of Highland Belch, F1 ar•i da, to order i n the ~Commi ssi on Chambers at Town Ha11 at 7:30 F.M. Others present were Vice Mayor Bi11 Paul, Cammi ssioners Marvin A. Waldman, Betty Jean E,tewart and Harald C. Chambers. Al sa present were Town Attar•ney Thomas E. w~l i Hey, Town Manager M19ar•y Ann Mariana, Tawn ~~1erk Anne M19. Kowals, Gr•. E. Wetzel and Gr. Fatr•ick ~01eason of J. h1. Montgomery {the Town's Engineers) and memberw of the general public. Fallowing r•a11 call, the Fledge of Allegiance was given. A~OPTIQN OF A EN A The Agenda, amended to move Items 1 and 2 under 'Regular Business - Items Left liver' to a position immediately fallowing Public Comments and Request, ~+ras approved {as amended upon MOTION by COMMISSIONER STEWART/COMMISSIONER CHAMBERS. The MOTION carried atithaut abjection. APPF~O A OF M NUTE Three sets of Minutes submitted far• approval were accepted upon MOTION by COMMISSIONER CHAMBERS/COMMISSIONER STEWART. Game car•r•ied unanimously . PUBLIC OM ENT A RE U TS hiayar• Boul ay, nati ng this Regu1 ar• Meeti ng i s being broadcast 1 i ve and will be replayed on Friday, January 04, 1991, at 1:30 F.h9., requested the public limit their comments to five minutes. Planning Baird Chairman Jahn E. Ward, residing at 4740 Eouth Ccean Bari1evard, advised the Commissioners that the Planning Board {at the direction of the Town Cammi s•si an) , fat 1 awi ng r•evi p~nl and requi r•eci pub1 i c hearings relating to a proposed ardinand cancer•ning "Permits Re- quired", submitted their recommendation to amend :3ectian 8,1, Chapter 30 of the Ta~hrn Code of C~rdi Hance; the Chairman Hated he was here to ans~Aler any questions the Commi ssi an may have with r•egar•d to thi s recommendation. When Mr. Ward questioned the status of the Code Recadification, it was noted that Municipal Code Corporation had advised {just this morning} that they were going to the printer; it is anticipated that the r•ecodified Cade book will be received ~roithin the next thirty to sixty days. • Toi~rn Commi ssi on Regu1 ar Meeting Minutes January 02, 1991 Page 2 of G h9r. Michael Dent, residing at the C,-~suarina Condominium, Hating it might be ~, nice idea to go back to the 1:30 P.M. Regular Meetings of the Town Commission as it is inconvenient to came to Tawn Ha11 at 7:30 P.h4. {it has Hat r•esu1ted in greater attendance} and evening meetings involve an additiorra1 expense far the Tawn, suggested a motion be made to return +_a the 1:30 P.M. Town Commission Meetings. Mr. Dent voiced his support for Commi ssianer Stewart's suggestion regarding major expenditures in excess of $250,000.00 being placed an the ballot in tt~re farm of a referendum to allow the taxpayers to make decisions r•e1ating to major items.. It was noted that proposed ordinances relating to Commissioner ~•tewar•t's suggestion will be addressed and given first reading during this Regular Meeting. GU AR NES Items Lef rver• 1. Lan Term Water w~u Plan Draft Dece ber 1990 re ar•ed b ,.i . h9. Mont amen En i neers • The Town Commi ssi an hlembers, a1 ang with Dr. Wetzel and Dr• . G1 eason of ~.i. h9. Montgomery {the Town's Engineers}, reviewed the Status Report of Lang Term Water w•upply P1 an Draft {dated December 1990} prepared by J. h9. Montgomery. Commi ssianer Chambers, Hating he has prepared his comments relating to said draft, distributed a substitute draft report at this time ,and requested that the Tat~~r-r Cammissian {as well as Dr•. Wetzel and Dr. rleason} approve same for submi•wsian to South F1or•ida t~later° Management Di str•i ct . In the caur•se of the 1 engthy discussion, Commissioner Chambers made the fallowing MOTION: "That J. M. Montgomery be authorized to review my draft and complete a review so they are comfortable with it and meet with representatives of South Florida Management District and ascertain if they are willing to support a five year plan as outlined in my draft, as modified and approved by J. M. Montgomery." w,aid MOTION failed due to lack of a SECOND. Following substantial di scussi an, i t was the consensus of the To~Arn Cammissian that, after the Town's Engineers revie~A! Commissioner Chambers' substitute draft, they prepare an amended Status Report based an this discussion and submit same in ample time for• the Commission Members to study the document priar• to the "ReCe•ssed h9eeting" scheduled far January 14, 1991 at 1:30 P.h9. 2. J . M. h9ont Omer ra sal f 12 07 90 re c1 aster ~~rel 1 With r•egar•d to this Agenda Item, i t was the consensus of the Toaln Com- mission to include the matter of the cluster well as part of the afar•e- mentioned Status Report of Long Term Water Supply Plan. .Yawn ~Wommi ssi on Regu1 ar Meting Minutes •JanUaY'y 02, 1991 Page 3 of 6 REPORTS - TORN COMMISSION Vi e P1a r i 11 P-ul The Vice Mayor. deferred his report to the Recessed Meeting scheduled for January 14, 199.1 at 1:30 P.M. Commi ssi oner• Marvin A. Waldman Commissioner. Waldman noted he would defer his report to the January 14, 1991 recessed meeting. At this point in the Meeting, ashen Commissioner Chambers questioned if some of the agenda items could be moved to the Recessed Meeting, the P9ayor• indicated he alau1 d 1 i ke to know what wi 1 1 be discussed at the re- cessed meeting if said meeting is expanded. The Commissioner.. stated he atou1d like to leave the issues open ended as is the case in any meeting where the Commissioners give r•epar•ts. Commi ssi aner• s~tty Jean Stewart • Commissioner. Stewart also deferred her repar•t to the recessed meeting an January 14, 1991. Commi ssi over' Hara1 d C . Ghamber•s Commi ssi aner Chambers deferred his r•epar•t to the January 14, 1991 recessed meeting. Ma ar Jose h A. Boula The Mayor's report was also deferred to the January 14, 1991 recessed meeting. ~2EPORTS - TOWN ATTORNEY Yawn Attorney S1iney reported that the Commission Members will shortly receive far. consideration the Agreement that Concor•dia's Attorney Patricia Silver and he prepared with regard to the Concordia matter. Attorney S1 i ney noted that, as previ ausl y r•epor•ted at a pr•i ar Town Commission Meeting, a draft of the "Amendment to Interlocal Agreement between the City of 6oca Raton and the Town of Highland beach" termi- nating the existing Interlacal Agreement was submitted to the Town Com- mi ssi on far consideration . Dur•i ng discussion , the fo1 l anti ng MOTION was made by COMMISSIONER CHAMBERS/COMMISSIONER STEWART: • Toa1n Commission Regular Meeting Minutes January q2, 1991 Page 4 of 6 "That we prepare this document called "Amendment to Interlocal Agreement between the City of Boca Raton and the Town of Highland Beach" into a final format and authorize the Mayor to execute same on behalf of the Town." A roll call vote resulted as follows: Commissioner Chambers "AYE" Commissioner Stewart "AYE" Cammi ssi oner• Wa1 dman "AYE" Vice Mayan Paul "AYE" Mayor'• Baulay nAYEn It was noted that terminating the existing Interloeal Agreement with Boca Raton would enable the Town to receive Police Dispatch Communica- tion Services through the Palm Beach County Sheriff's Department. It was further noted that the initial cost involved in affiliating with the Sheriff's Department would be in the range of ~35,ggq.qq to $5q,ggq.q0; and, there would be some pr•o-rated fee due to the City of Boca Raton. Town Manager Mariano advised that once the Town affiliates faith the Palm beach County Sheriff's Department, the Town will be in a position to purchase the necessary equipment under the Sheriff's • Department State Bid program. It was noted that monies far maintaining and up-grading the equipment will be budgeted. P RT - TO A R Town Manager Mariano reported that the bike path bids will be going out on February 15, 1991; work will start at the end of the season. REPORT - C S Mayor Boulay, noted the existing vacancies on the various Town Baar•ds, and noted that Board of Adjustment Chairman Harold B. Cohen and Financial Advisory Board Chairman Fred Fir•stenburg are eligible far reappointment to said Boards. The Mayor• and the Town Commission Members regretfully accepted the resignation of Mr. Reese E. James from the Board of Adjustment and the 4dater~ Resaur•ces Advisory Board. PR POS D RE OL 0 A O D ANC S 1. A RESOLUTION OF THE TOb~N COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, STATING IT5 SUPPORT OF FULL PARTICIPATION OF AMERICAN INDl15TRY IN THE MANUFACTURIPdG AND MARKETIP•!G OF TELECOMMUNICATIONS EQUIPMENT AND SERVICES; PROVIDIPJG FOR AI•d EFFECTIVE DATE. The Resolution, read in its entirety by the Town Clerk, was .adopted upon MOTION by COMMISSIONER STEWART/VICE MAYOR PAUL. Same car•r•ied unanimously. • Ta~brn ~~ammi ssi on Regular Meeting Minutes Janr_rary 02, 1991 Page 5 oi" 6 2. AN GRDINANCE t1~ THE TGWN GF HIGHLAND BEACH, FLGRIDA, AMENGINt~ THE TGWN CGGE, CHAPTER 29, ENTITLED ''WATER E~YtiTEM", SECTIGN 29-10 ENTITLED "CHARGE FGR WATER SERVICE." The ordinance Mias given first reading on 12/04/90 and was published an 12/14/90. A MOTION was made by VICE MAYOR PAUL/COMMISSIONER STEWART to adapt this ordinance. A roll call vote resulted as follot~~s: Commi ssi aner• Ste~rart "AVE" Commi ssi aner Idol dman "AVE" Vice Mayor Paul "AYE" Commissianer• Chambers "AYE" Mayan Boulay HAVE" 3. AN GRDINANCE GF THE TGWN GF HIGHLAND BEACH, FLGRIDA, PRGPGSING APIEPdDMENT TG SECTIGN 6.01 GF THE TGWN CHARTER ENTITLED "Pl.lRPGSES; AMGUNT LIMITED; ELECTIGPJ; EXECUTIGN; TERM", GF ARTICLE VI ENTITLED "BGNGS" PRGVIDING THAT ELECTIGPdS TG APPRGVE BGPdG I'~SUES BE HELD GNLY BETWEEPd NGVEMBER 01 AND APRIL 01 GF THE FGLLGWING YEAR; PRGVIDING FGR EFFECTIVE GATE GF PRGPGSEG AFIENGME!~JT UPGN SUCCESSFUL • REFERENDUM; PRGVIDING FGR CGDIFICATIGN GF AMENDMENT. The proposed ordinance was given first reading by the Town Attorney by title only. Following discussion, it was the consensus to include same an the Agenda for the January 29, 1991 Workshop Meeting of the Tawn Commi ssi an for• further discussion. Fi na1 reading and consi der•ati an will be given at the Special Meeting of the Tawn Commission on January 29, 1991 at 2:30 P.M. 4. AN GRDINANCE GF THE TGWN GF HIGHLAND BEACH, FLGRIDA, PRGPGSING AMENDMENT TG SECTIGN 2.01 GF ARTICLE II ENTITLED "FIUNICIPAL PGWERS" PLACING LIMITS GN PRG•JECT FUNDING IN EXCESS GF X350,000.00 IN ANY FISCAL YEAR; REQUIRINu APPRGVAL GF ELECTGRATE WITH ELECTIGN TG BE HELD GNLY BETWEEN NGVEMBER 01 ANG APRIL 01 GF THE FGLLGWING YEAR; PRGVIDING FGR EFFECTIVE DATE GF PRGPGSEG AMENDMENT UPGN SUCCESSFUL REFERENDUM; FRGVIGING FGR CGGIFICATIGP~ GF AMENGPIENT. The Toxin Attorney gave the proposed ordinance first reading by title only . After discussion, i t was the consensus of the Toxin Commission to include same an the January 29, 1991 Workshop Fleeting Agenda for discussion with final reading and consideration being given at the ';:,pecial Meeting of the Tot~ln Commi scion an January 29, 1991 at 2:30 P.M, R GUI„ LAR ~US~NESS • Items Left Gver~ 5. January Newsletter. It was the consensus of the Town Commission to approve the January Newsl etter• for mai 1 i ng. • Town Commission Re~u1ar Meeting Minute~~ January 02, 1991 Page 6 of 6 Mayor 6au1ay adjaur•ned the Regular Meeting {which was recessed to Monday, January 14, 1991 at i:30 P.M.) at 10:35 P.M. f,. l ~. APF~RC~VED • ~`, .J~e h A. 6oulay, Mayor U /' ATTE9 Dat ~--~ ~ , /991 AMK 6i 1 1""R~aul , Vice Ma or Cz'~-~. Mar•vi n A. M1a1 dman, Cammi ssi oner• ..- Be ~ ~ '" ' -art, Commissioner arn1d C. Chambers, Commissioner