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1991.11.05_TC_Minutes_Regular.- - - TOWN OF HIGHLAND BEACH, FLORIDA i Minutes of Meeting of Town Commission REGULAR MEETING Tuesdav, November 05, 1991 7:30 P.M. The Regular Meeting of the Town Commission of the Town of Highland Beach, Florida, was called to order in the Commission Chambers at Town Hall at 7:30 P.M. by Mayor Joseph A. Boulay. 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 by the Town Clerk, the Pledge of Allegiance was given. Following amendment of the Agenda whereby Item No. 6 under Proposed Ordinances and Resolutions (relating to the vesting schedule of the Town's Retirement Plan) was moved to a position under REGULAR BUSINESS - Consent Agenda, the Commission unani- . mously adopted the amended Agenda. APPROVAL OF MINUTES The following sets of Minutes were submitted for approval: September 13, 1991 - Public Hearing/Special Meeting September 24, 1991 - Workshop Meeting October 01, 1991 - Regular Meeting COMMISSIONER RAND/COMMISSIONER VORSS3 MOVED to approve the minutes as written. The MOVE carried without objection. Ms. Jean Ellis, 4205 South Ocean Boulevard, questioned if the Town Commission gave any consideration to her request of October 01, 1991, regarding the 'Leash Law' Ordinance. Following brief dis- cussion of the matter, it was noted that the Ordinance is on the books and it is a law that applies to all who own dogs. Ms. Sandra Newmark, 4605 South Ocean Boulevard, addressed the Town Commission to question what the Town's policy is regarding beach erosion and beach renourishment. It was noted that the ocean front properties are privately owned and do not fall under the Town's control; high tides are a natural phenomenon that are uncontrolable; some areas of the beach have been built up as a result of the latest storm. The Mayor advised Ms. Newmark the u u • Town Commission Regular Meeting Minutes November 05, 1991 Page 2 of 6 Town has no policy regarding beach renourishment. The Town Manager commented the Town has no policy because the Town has no jurisdiction on the beach inasmuch as it is private property. Vice Mayor Paul recalled that, in 1985, there was an experimental program (Seascape) which put in place an artificial reef (likened to plastic fingers) that trapped the sand and created a sand bar to lessen the wave action at the South end of Town to prevent erosion in that area. Said program was privately funded by the property owners involved in the experiment. It was noted that there was no proof the experiment was not successful; however, it was not approved by the Department of Natural Resources. It was further noted that Highland Beach gains from the beach renourishment programs of Delray Beach and Boca Raton as their sand drifts onto our beach. When Ms. Newmark questioned what the necessary step would be if residents wanted to privately pursue renourishment of the beach, the response indicated that approval from the Department of Natural Resources and other State Agencies, who control the Coastal Construction Control Line which is under the jurisdiction of the State and Federal Government, would be required. It was suggested that Ms. Newmark, in order to pursue the matter further, call the Town Manager's office for information regarding the contact person at the Department of Natural Resources. Mr. Abe Futernick, a resident at the Coronado Condominium, stated that each year the beach erodes and each year it comes back. Mr. Michael Dent, a resident with comments made relative t storm, and coming back. Whe the Milani Property that was Attorney noted the County has this time. at the Casuarina Condominium, agreed o the beach eroding, following a n Mr. Dent questioned the status of purchased by Palm Beach County, Town no plans to develop the property at REPORTS - TOWN COMMISSION Vice Mayor Bill Paul Vice Mayor Paul had no report, Commissioner Arlin Voress Commissioner Voress reported meeting with Town Manager Mariano and Dr. Gleason of J. M. Montgomery, the Town's Engineers, with regard to additional information requested by South Florida Water Manage- ment District relating to the Town's Application for a ten year water consumptive permit. Town Commission Regular Meeting Minutes November 05, 1991 Page 3 of 6 Following a report by Commissioner Voress regarding the status of the proposed pipeline across the Intracoastal Waterway, (the $150,000. cost for material and construction, per estimate by J. M. Montgomery, was included in the 1991/92 f. y. budget), Commissioner Rand expressed his displeasure with what he felt was an untimely manner in which J. M. Montgomery handled the matter to date and requested that the Town's Engineers appear before the Town Commission to explain same as well as the reason why their original estimate of cost on the pipeline was half of the latest proposal received. Commissioner Voress, noting the Town's water useage and lack of conservation, suggested that the Town's water conservation program is not as effective as it should be. The Commissioner further noted that he intends to look at the Town's water consumption to determine where the high useage is as the Town must have better conservation for the purpose of obtaining the ten year water consumptive permit from South Florida Water Management District. The Commission was advised that Town Manager Mariano has arranged a meeting with the condominium managers association to see if they may have ideas as to what the Town might do with regard to the . water conservation matter. Commissioner Arthur Evpel Commissioner Eypel, addressing comments made by Ms. Newmark under Public Comments and Requests, noted he has resided on the beach for the last 38 years and he would be happy to share his experi- ences and observations relating to the beach regenerating itself following severe storms that cause beach erosion. The Commissioner, reminding all that Highland Beach is a barrier island and the Town annually holds a Hurricane Preparedness Meeting for residents, cautioned everyone must be aware of what destruction and havoc a massive hurricane can inflict on our Town and everyone must be prepared should such hurricane come closer to our area. Commissioner John F. Rand Commissioner Rand reminded residents that the edited videotape of the September 05, 1991 County Commission Budget Public Hearing will be played on the Town's Government Channel on Wednesday, November 06, 1991 at 1:00 P.M. The Commissioner reported attending a meeting in Boca Raton last week where Florida State Legislators from Palm Beach County held a • forum to listen to Palm Beach County residents with regard to the State Budget deficit. Commissioner Rand noted the House approved ,~ • Town Commission Regular Meeting Minutes November 05, 1991 Page 4 of 6 the petition that would limit the property assessment annually; it appears this matter will be included as a question on the November 1992 ballot. Mayor JoseAh A Boulay to 3% referendum Mayor Boulay, reminding all that the Government Day Open House is scheduled for Thursday, December 05, 1991 from 10:00 A.M. to 3:00 P.M., noted invitations have been mailed out. The Mayor advised that a full day of activities have been planned and encourage one and all to attend the Open House which will take place at the Town Hall Complex. REPORTS TOWN ATTORNEY Town Attorney Thomas Sliney had no report. REPORTS TOWN MANAGER Town Manager Mary Ann Mariano had no report. REPORTS - BOARDS AND COMMITTEES Mayor Boulay noted the schedule of meetings for the various Town Boards as well as the existing vacancy on the Board of Adjustment. It was noted that the Town Commission, at their October Workshop Meeting, interviewed Talent Bank Applicant Richard Seguso who had expressed an interest in serving on the Board of Adjustment. COMMISSIONER VORESS/VICE MAYOR PAUL MOVED to nominate Richard Seguso to the Board of Adjustment for a three year term. The MOVE carried without objection. 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES SECTION 2-28 ENTITLED "RULES OF PROCEDURE" BY AMENDING RULE NO. 1 PROVIDING FOR CHANGE IN TIME OF THE REGULAR MONTHLY MEETING OF THE TOWN COMMISSION. The ordinance, given first reading on 10/01/91 and published on 10/18/91, was read by title only by Mayor Boulay. MOTION was made by COMMISSIONER RAND/COMMISSIONER EYPEL to adopt the ordinance. A roll call vote resulted as follows: Commissioner Eypel "AYE" Commissioner Rand "AYE" Vice Mayor Paul "AYE" Commissioner Voress "AYE" Mayor Boulay "AYE" • Town Commission Regular Meeting Minutes November 05, 1991 Page 5 of 6 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE TOWN CHARTER SECTION 3.02 ENTITLED "TOWN TREASURER; BOND DEPOSITORIES; DISBURSEMENTS; BOND ACCOUNTS; ACCOUNTS; AUDIT" BY AMENDING PARAGRAPH 2 THEREOF PERTAINING TO DEPOSITS OF PUBLIC MONIES AND DISBURSEMENTS OF PUBLIC MONIES. The ordinance was given first reading by title only by Mayor Boulay. It was the consensus to move this item to the November Workshop Meeting for further discussion. 3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING SECTION 2-28, RULE NO. 7 OF THE TOWN CODE OF THE TOWN OF HIGHLAND BEACH, PROVIDING FOR THE DEPOSITS AND DISBURSEMENTS OF ALL PUBLIC MONIES. Mayor Boulay gave the ordinance first reading by title only. This item was moved, for further discussion, to the November Workshop Meeting. • 4. A RESOLUTION REGARDING REQUIREMENT OF A TWO YEAR HIATUS FOLLOWING SIX CONSECUTIVE YEARS OF SERVICE ON A TOWN BOARD. The resolution (initially submitted as an ordinance and discussed at the October Workshop Meeting where it was the consensus to ad- dress the matter by resolution) was adopted upon MOTION proposed by COMMISSIONER RAND/COMMISSIONER VOR$SS. The roll call vote resulted as follows: Commissioner Rand "AYE" Vice Mayor Paul "AYE" Commissioner Eypel "AYE" Commissioner Voress "AYE" Mayor Boulay "AYE" 5. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, PALM BEACH. COUNTY, FLORIDA, PURSUANT TO SECTION 7.19 OF THE CHARTER OF PALM BEACH COUNTY, FLORIDA, VOTING TO REPEAL ARTICLE VII (COUNTYWIDE PLANNING COUNCIL) OF THE CHARTER OF PALM BEACH COUNTY, FLORIDA; URGING SUPPORT FROM OTHER LOCAL GOVERNMENTS; PROVIDING FOR DISTRIBUTION; AND PROVIDING AN EFFECTIVE DATE. The resolution, discussed at the October Workshop Meeting, was adopted upon MOTION by COMMISSIONER RAND/NIGH MAYOR PAUL. A roll call vote resulted as follows: Vice Mayor Paul "AYE" Commissioner Voress "AYE" Commissioner Eypel "RYE" Commissioner Rand "AYE" Mayor Boulay "RYE" .II~ - . Town Commission Regular Meeting Minutes November 05, 1991 Page 6 of 6 Items Left over None. Consent Agenda Approval to amend the vesting schedule of the Town's Retirement Plan, based on the recommendation of the Financial Advisory Board and the Retirement Board. The Consent Agenda was adopted upon MOTION by VICE MAYOR PAUL/COM- MISSIONSR VORSSS. The MOTION was favorably received by all Com- mission Members. • Mr. Abe Futernick, a Coronado Condominium resident, questioned whether the Town will partake in a program to educate residents with regard to the dangers of ocean rip-tides. It was noted that information regarding this hazardous condition is placed on Town Hall bulletin boards and will be made available to all condominium managers who will post the printed article in an appropriate area. The Town will encourage posting of this important information for benefit of individuals bathing in the ocean. Mayor Boulay thanked all for attending this meeting and watching the proceedings on television at home. It was noted that the videotape of this meeting will be replayed on Friday, November 08, 1991, at 1:30 P.M. There being no further business to come before the Town Commission at this time, Mayor Boulay adjourned the Regular Meeting at 8:40 P.M. upon MOTION by COMMISSIONER VORSSS/COMMISSIONER SYPSL. Bill Paul, Vice Mayor vores~„ com~issioner Arth~ ~ype.~.~oinmissio APPROVED: os h Boulay, ayor '~~ . Rand, Commissidner