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1991.04.30_TC_Minutes_Workshop.-~.; ..~ TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesdav, April 30, 1991 1:30 P.M. Mayor Joseph A. Boulay called the Workshop Meeting of the Town Commission of the Town of Highland Beach, Florida, to order in the Commission Chambers at 1:30 P.M. Others present were Vice Mayor Bill Paul, Commissioners Arlin Voress, Arthur Eypel and John F. Rand. In attendance also were Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Town Clerk Anne M. Kowals and members of the general public. Mayor Boulay commented with regard to a new method of televising the Town Commission Meetings (being tried this date) whereby trained personnel will be operating the cameras; and, he requested that residents present in the audience, as well as those watching the proceedings at home on television, call Town Hall at 278-4548 to give their honest comments of this telecasting (i.e. how the audio/video is coming through into the homes). ~i ~ ~,._ ~: •~ ~' i ~~'~+___~ ~ ~' ~ ~ LPs The Agenda was accepted as submitted; however, it was noted that the Mayor and Town Manager would address some additional items under their reports. 91.1 PUBLIC CObQ~1~TPS AND RSOUBSTS Mr. Michael Dent, residing at the Casuarina, commented that this Commission is doing a wonderful job of opening the Town up to all residents; it does not ignore the residents. Mr. Dent extended congratulations and wished the Commission every success in keeping the door open to all. Relative to the monthly Newsletter, Mr. Dent commented that it might be difficult to publish same on a monthly basis and suggested the Town Commission might consider a Newsletter publication every other month. Mr. Dent noted the Agenda Action Report, prepared by the Town Clerk following the Town Commission Meetings, is a wealth of information that is made available to all residents who may obtain a copy at Town Hall. Planning Board Chairman John Ward, residing at Braemer Isles, reported that modifications to the beach club of Boca Highland Center at 4801 South Ocean Boulevard were approved at the Planning Board Meeting of April 10, 1991. Mr. Ward advised that the D.O.T. submitted a letter of approval regarding the circular driveway and the Palm Beach County Fire Department also submitted a letter stating fire sprinklers will not be required in the modified structure. Town Manager Mariano requested copies of the two • Town Commission Workshop Meeting Minutes April 30, 1991 • Page 2 of 10 letters (from the D.O.T. and the Palm Beach County Fire Depart- ment) cited by Chairman Ward be submitted to the Building Department). Chairman Ward noted that the Highland ocean Associates property owners have repaired the fence and landscaped the area which had previously been an eyesore. Co-Chairman Guy Galizia of the Community Appearance Board, resid- ing at 2711 South Ocean Boulevard, reported that at the March 28, 1991 C.A.B. Meeting, Members discussed the proposed improvements to the bike path and recommended that trees with root systems causing damage to the bike path be removed. Co-Chairman Frank Savino of the Community Appearance Board, residing at Ambassadors East Condominium, noted he observed workmen cutting down trees that had been marked for removal with a few trees designated for root pruning. Mr. Savino recommended all trees be removed because root pruning does not completely destroy all roots. Co-Chairman Savino further noted the problem of destruction of tree plaques and questioned if some sort of a sign advising that anyone caught tampering with the tree plaques will be cited by the .Police Department could be posted at the permanent Town of Highland Beach signs in place at the North and South ends of the Town. Mr. Savino also questioned if 'saucers' could be placed around the base of trees to prevent the landscapers from acciden- tally damaging the plaques. Town Manager Mariano noted that the bike path improvements were discussed for at least six months where the Town went through plans and obtained specifications; and, during that discussion period, no word was received from the C.A.B. At this time, it is difficult for the Town to re-evaluate the situation as we would have to go back to the Planners (Gee & Jenson) if there is to be another evaluation. It was noted that the entire plan submitted by the Planners was approved by the Town Commission. Regarding the suggested signs (concerning tampering with plaques) at the North and South ends of Town, it was noted that we have a notice on the government channel requesting people inform us if/when they see anyone tampering with the plaques. With regard to the 'saucers' at the base of the trees, it was noted that something could be worked out if the Greening of A-1-A Committee was to fund such project. Chairman Harold B. Cohen of the Board of Adjustment, residing at Ambassadors South Condominium, noting there have not been many cases for the Board of Adjustment, suggested more detail as to • what said Board does be disseminated to the public (i.e. the Board of Adjustment is a quasi-judicial Board whose function is to grant Town Commission Workshop Meeting Minutes April 30, 1991 Page 3 of 10 a variance from an existing ordinate where a hardship exists, etc.) to give the people an idea as to what is involved. The Chairman, noting the Board meets quarterly, advised that when a Petition for Variance is submitted, a Workshop Meeting is scheduled to allow Members to review the Petition, inspect the site and set a date for an advertised Public Hearing at which Public Hearing (after all public comments are received) Members make a Decision on the Petition. Code Enforcement Board Vice Chairman Victor Hadeed, residing at 3201 South Ocean Boulevard, noted there had been no meeting in April. At their March 20, 1991 Meeting, they found the owner at 1116 Highland Beach Drive guilty of violating the animal nuisance code. This matter has been satisfied. During the March Meeting, the Board recommended the Town Commission support legislation for Code Enforcement Boards to impose an immediate fine for a violation. Financial Advisory Board Chairman Mike Browner, residing at Braemer Isle, reported the Board had a long meeting at which they reviewed the Long Associates Report in detail and found it to be adequate therefore no adjustments are recommended. The F.A.B. discussed the auditing contract for this fiscal year; after reviewing brochures submitted by three different firms, the F.A.B. will transmit information as to what firm they would recommend be • retained. The F.A.B. also reviewed the Florida State Pool Invest- ment Policy and, at this time, the Board does not feel there should be any dramatic change towards participation in the pool. This matter will be discussed further before the F.A.B. makes any recommendations. The F.A.B. briefly discussed water rates; it was the consensus that a few Members of the W.R.A.B. and F.R.B. meet to discuss what sort of problems may arise so that such possible problems may be considered in the coming budget. Chairman Browner noted that several recommendations to the Town Commission, submit- ted under separate cover, were unanimous considerations of the Board. Commissioner Rand commented that he is pleased to see all Boards Chairmen present at this Workshop Meeting. Mayor Boulay, noting the existing vacancy on the Code Enforcement Board, requested the Commissioners review the current Talent Bank Applications in advance of the May 07, 1991 Regular Town Commis- sion Meeting at which time consideration may be given to fill said vacancy. Mayor Boulay acknowledged receipt of the April 18, 1991 memorandum from the Financial Advisory Board regarding the Long Associates • Town Commission Workshop Meeting Minutes April 30, 1991 Page 4 of 10 Report and the Investment Policy. Also acknowledged by Mayor Boulay was a memorandum from the Water Resources Advisory Board regarding the Long Term Water Supply Report dated May, 1991. 91.3 PROPOSED ORDINANCES AND RESOLUTIONS 1. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, IN OPPOSITION TO THE PENDING DELEGATION AGREEMENT BETWEEN THE PALM BEACH COUNTY (DERM) AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION (FDER); PROVIDING AN EFFECTIVE DATE. The proposed resolution was read by title only by Mayor Boulay. It was the consensus of the Town Commission to move this item to the May 07, 1991 Regular Meeting Agenda for further consideration and possible adoption. 2. AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH • CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. The ordinance, read by title only by the Mayor, was moved to the Agenda for the May 07, 1991 Regular Meeting for first reading. $7.4 DISCUSSION R$ MAY NSfitSLBTTSR The May Newsletter, in its new format, received unanimous approval from the Town Commission for mailing to residents. The Mayor noted that the Deputy Town Clerk, agreeing to accept the Editor's position, requested assistance from residents as to in-put of information. A brief discussion ensued with regard to the frequesncy of the Newsletter. Commissioner Voress stated he would like the News- letter published once a month. Commissioner Eypel suggested that perhaps during the summer months the Newsletter be published every six weeks rather than every four weeks as there may not be enough information available to support a monthly publication. It was noted that the Newsletter puts the Town on the road to better communications with its residents. MISCELLANEOUS ITEMS LEFT OVER Status of Building Development in Town The Commission received, as information, the "Status of Building Development in Town", a report prepared by the Building Official. Town Commission Workshop Meeting Minutes April 30, 1991 Page 5 of 10 Commissioner Eypel thanked the Building Official for including the adresses {rather than just the lot and block number) on his report. Minutes for approval at Mav Regular Meeting Three sets of Minutes were reviewed; it was the consensus of the Town Commission to move approval of these Minutes to the May 07, 1991 Regular Meeting Agenda. ~~,,PORTS - TOi~TN COIrDSISSION Vice Mavor Bill Paul Vice Mayor Paul, noting everthing seems to be going along well, had no report. Commissioner Arlin Voress Commissioner Voress, reporting on behalf of the Water Resources Advisory Board, informed the Commission that said Board had a meeting on April 29, 1991 to review the Long Term Water Supply Plan {dated May, 1991) prepared by Dr. Pat Gleason of J. M. Montgomery, the Town's Engineers. The Commissioner noted that the W.R.A.B. recommended the Town Commission accept this plan and submit same to South Florida Water Management District by May 11, 1991. The transmittal letter from J. M. Montgomery will be autho- rized by the Town for submittal to S.F.W.M.D. Commissioner Voress noted that the Long Term Water supply Plan identifies the four alternatives: drawing water from the C-15 Canal, buying water from Delray, buying water from Boca Raton, the Reverse osmosis process. The Commissioner believes this Plan will be accepted by S.F.W.M.D. and it will fulfill the requirements for the Town's Water Use Permit. It was the consensus of the Town Commission to place the matter of the Long Term Water Supply Plan on the May 07, 1991 Regular Meeting Agenda for further consideration and approval. Commissioner Arthur Evpel Commissioner Eypel reported the Palm Beach County Commission has received and filed the Town's Resolution regarding a boat speed limit on the Intracoastal Waterway. The Commissioner further reported that Jose Echeverria, head of the Turtle Watch Program in the Town, advised that the Turtle Watch Volunteers are in need of new maps for this program. Commissioner Eypel, noting this is not a Town sponsored activity but the Town does support the program, questioned if the Commission would entertain discussion of a re- quest for such maps which would cost in the range of $200.00. At Town Commission Workshop Meeting Minutes April 30, 1991 Page 6 of 10 the conclusion of the discussion, a directive was given by the Town Commission to provide the funds, from the Resource Conserva- tion Account, for the purchase of new maps in support of the Turtle Watch Program in the Town of Highland Beach. Commissioner Eypel, citing the March 12, 1991 straw poll results of 467 votes for and 747 votes against, noted said results indicate the voting public did not favor a park behind Town Hall. Noting he is not proposing the Commission go against the mandate given by the voters, the Commissioner stated he would like to discuss the potential uses of that property. It was noted that the Town's Comprehensive Plan provides the property be designated as Open Space and Recreation. Mayor Boulay suggested the Town Commission keep this matter in mind and perhaps a plan can be developed to make the area more pleasing to the eye so it will compliment the present Town Hall complex. Commissioner John F. Rand Citing a memorandum of 3/15/91 from the Town Clerk suggesting the Commission consider making Alternate Members of the Boards Regular • Members, Commissioner Rand requested the Town Clerk poll the various Charmen for feedback as to their view regarding this matter. The Commissioner recommended that, rather than a one year appointment (which was the term of an Alternate Member}, the term be for a three year period from the last date of appointment. Noting there has been a definite improvement with regard to the handling of the Talent Bank Applications, Commissioner Rand stated residents should be encourgaed to apply for membership on the various Town Boards and not wait for an opening to come up. Com- missioner Rand suggested the Newsletter include a statement to indicate the Town Commission welcomes Talent Bank Applications for the Town Boards and ask the applicants to attend meetings of the Board of their choice to see how said Board Meetings are conducted. Citing the Town Manager's memorandum of 4/27/91, noting the Town Manager's position is an important function (the success of the Town Commission depends on the hard work of the Town Manager), Commissioner Rand suggested the Town Commission give serious consideration to amending the Town Code to provide for the hiring and firing of a Town Manager. It was further suggested by the Commissioner that the Town Attorney prepare an ordinance with the appropriate wording whereby the hiring/firing of a Town Manager should be subject to at least four affirmative votes of the Town Commission for first reading at the May 07, 1991 Regular Town Commission Meeting. Relative to the question of interference, Commissioner Rand stated the Town Manager should have the right to decide who does what and when; it should be coordinated through Town Commission Workshop Meeting Minutes April 30, 1991 . Page 7 of 10 the Town Manager therefore Rule No. 16 should be modified to incorporate that procedure. Commissioner Rand requested that the matter of amending or repeal- ing Ordinances No. 573 and No. 479 be placed on the Agenda for the May 28, 1991 Workshop Meeting of the Town Commission. Commissioner Rand commented that he is delighted to see the various Board Chairmen in attendance to present their reports and request assistance and guidelines from the Town Commission; and, the Commissioner would like the Chairmen to attend subsequent Town Commission Meetings. Noting the Financial Advisory Board reviewed the Long Associates Report and recommended no need to modify same, Commissioner Rand requested the Town Clerk provide Minutes of Meetings which gave rise to the three year vested right requirement regarding the Retirement Plan (which requirement should be considered for further review. Mayor Joseph A. Bou • Mayor Boulay, commenting that he is trying to make the meetings informative and as short as possible, noted that on May 07, 1991 at 7:00 P.M. (prior to the 7:30 P.M. Regular Town Commission Meeting) a Special Meeting will be conducted outdoors for the purpose of planting a tree for the Arbor Day and Tree City, U.S.A. Program. The Mayor invited the press and all Town's people to attend. Noting a need for possible expansion of the library for which purpose a building fund could be started, Mayor Boulay requested comments from Library Director Elizabeth Poulsen and John Ward who is Treasurer of the Friends of the Library. Library Director Poulsen informed the Commission that the library, growing in leaps and bounds, has a membership of 2,500 and a total of 7,500 books for which they could use additional shelf space. The Library Director noted they are asking the Town Commission to consider some way of expanding the library where more residents can peruse the materials. The library has become a meeting place for residents and the Library Director would like a little .section with a table and chairs where people can meet. John Ward, Treasurer of the Friends of the Library, reported that the Friends who help operate the library have discussed the expansion for which there are good grounds. Noting the library has not fully drawn on the Contingency Fund of the Town, Mr. Ward • Town Commission Workshop Meeting Minutes April 30, 1991 Page 8 of 10 suggested perhaps they could start off the building fund by using the $5,000.00 which has been allocated in this year's budget and the Friends of the Libray have funds to match that amount, if the Commission agrees; then, the Friends could seek other methods to raise funds for the library which is the one cultural area in the Town of Highland Beach. Vice Mayor Paul, noting the library depends too much on donations from residents using the facility (they have not had the support from the Town}, suggested the Commission give the library a working budget where a large portion of their donations could go to the building fund. Following discussion of the library expansion, it was the consensus of the Town Commission to reallocate the $5,000.00 from this year's Contingency Fund into the library building fund with the Town being custodian of said fund; this matter will be addressed further at the May 07, 1991 Regular Town Commission Meeting. REPORTS - TOWN ATTORNEY • 1. Discussion re Charter Review Committee Regarding the Charter Review Committee, the Town Attorney advised that the Town Commission appoints a committee which is charged with reviewing the Code and submitting suggestions for modifica- tions of the Code. It was noted that the last committee, formed in 1970, was made up of fifteen members. The Town Attorney stated a one page Resolution would set up the Charter Review Committee. Following discussion, it was the consensus of the Town Commission that the Town Attorney draft a Resolution re the Charter Review Committee, which Resolution will be addressed at the May 28, 1991 Workshop Meeting of the Town Commission. REPORTS - TOWN MANAGER 1. Discussion re check sianina Town Manager Mariano reported the Financial Advisory Board is very active; they held a lengthy, productive meeting at which they addressed the matter of check signing and recommended to the Town Commission that the Town Code, Section 2-6, Rule No. 7, be amended to require two signatures, one being either the Town Manager or the Finance Director, with the second one being a Town Commis- sioner. Following discussion, it was the consensus of the Town Commission to place this matter (the amended proposed Ordinance) • on the May 07, 1991 Regular Meeting Agenda for first reading. Town Commission Workshop Meeting Minutes April 30, 1991 Page 9 of 10 2. Discussion re mileage and per diem Regarding Town Manager Mariano's Agenda Report Form concerning mileage and per diem, it was noted that the Financial Advisory Board recommended the Town Commission accept the I.R.S. guidelines in order to alleviate the continuing approval of updated data in setting both the per diem and auto allowance rates. The Commis- sion moved this item to the Consent Agenda for the May 07, 1991 Regular Town Commission Meeting. 3. Discussion re W R A B recommendation relating to ICWW Water Main Crossing Town Manager Mariano reported that the Water Resources Advisory Board recommended the Town Commission approve the scope of work (dated 3/14/91) proposed by J. M. Montgomery for Tasks 1 and 2 only with regard to the Intracoastal Waterway Water Main Crossing. It was the consensus of the Town Commission to place this matter on the Consent Agenda for the May 07, 1991 Regular Meeting. 4. Discussion re water usage restrictions During discussion regarding water usage restrictions, the Town • Commission amended the proposed Resolution relating to water conservation restrictions. It was the consensus of the Town Commission to place this amended Resolution on the May 07, 1991 Regular Meeting Agenda for consideration and possible adoption. 5. Status re audio/visual up-date of Commission Chambers We are awaiting receipt of a written proposal from Vern's Electronics, Boca Raton, with regard to this matter. Town Manager Mariano, noting that plans for the Boca Highland Clubhouse alterations were approved by both the Planning Board and the Community Appearance Board, reported same will be submitted to the Town Commission for consideration. The Town Manager suggested each Member of the Commission review the plans on file in the Building Department prior to the Regular Meeting as this matter will be placed on the May 07, 1991 Agenda. Town Manager Mariano reported that measures have been taken to improve the breezeway condition by installing special carpeting as a safeguard. It was further noted that a handrail will also be installed on the walkway leading to the Post Office/Library Building as a safeguard for the Town. Town Manager Mariano reported that removal of trees required for • the improvement of the bike path commenced on April 25, 1991; the .~ Town Commission Workshop Meeting Minutes April 30, 1991 • Page 10 of 10 entire project should be completed by the third week in May. Not- ing concerns expressed by the Community Appearance Board Co- chairmen during public comments and requests, the Town Manager advised that the Town would have to contact the Planners to see if they have any additional recommendations. With regard to the Town hosting the Women's Chess Tournament in August, 1991, the Town Manager advised that she and resident Don Schultz, Chairman of the organizing Committee, after reviewing the matter of lighting in the Commission Chambers, determined there is no problem as the existing five spotlights could be focused on the five chess boards. Should additional lighting be required, Mr. Schultz will provide portable lighting equipment. It was noted that the Town Manager has not received any information from the City of Spartanburg, site of the previous Women's Chess Tournament. Town Manager Mariano noted she will be on vacation (out of State) until late Monday, May 06, 1991. Villa Magna resident Leonard Bell, in the audience during the entire meeting, commented that the television picture coming through on the monitor is fabulous. Mayor Boulay reiterated his • previous request for residents watching the meeting to please call in their comments to Town Hall at 278-4548. There being no further business to come before the Town Commission at this time, Mayor Boulay adjourned this Workshop Meeting at 3:40 P.M. AFF1zOVED: s A. Boulay Mayor ...~--~ ill Paul, Vice Mayo ~~~ oress /~ommi~ioner hur Eype~~--~,,~mmi~ssio~r . Rand, Commissioner ATTE Date u