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
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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
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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"
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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.
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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
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. Rand, Commissidner