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1991.12.03_TC_Minutes_Regular~ 3 1 TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesdav December 03 1991 1.30 P M Mayor Joseph A. Boulay called the Regular Meeting of the Town Commission 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. The Agenda was adopted as submitted. s COMMI33IONER RAI~ID/VICE MAYOR PAUL MOVED to adopt, as written, the following sets of Minutes: October 29, 1991 - Workshop Meeting November 05, 1991 - Regular Meeting The MOTION carried without objection. Mr. Jose Echeverria of Russell Drive noted he would like present his comments during discussion of Agenda Item 11 regarding mooring, docking or fastening a vessel in the Intracoastal Waterway. Mr. Harold Hagelmann of 4748 South Ocean Boulevard, Chairman of the Planning Board, noted he had been appointed to said Board in June of 1990 to fill a term which expires in December of 1991., advised the Town Commission that he would like to serve his own three year term. Mr. George Barlow, residing at 1084 Bel Lido Drive, addressed the Town Commission regarding the matter of anchoring a vessel in our area lakes, noted other Municipalities have ordinances to prohibit such practice. Mayor Boulay, noting this matter is scheduled for discussion under Item 11 of the Agenda, advised that the Town does have an ordinance in place that bans anyone living aboard a boat (sleeping overnight). ~ L... ' Town Commission Regular Meeting Minutes December 03, 1991 Page 2 of 6 When Mr. Barlow, commented the ordinance seems to apply to the Intracoastal Waterway but not to area lakes, stated has concern is security and he would be against permitting anyone to anchor in the Town waters as it could present potential problems, the Mayor advised that he does not think it is a problem, however, the Commission intends to research the matter to arrive at a solution that will be to everyone's satisfaction. R$PORTS - TOii1N COI~Q[I33ION Vice Mayor Bill Paul Vice Mayor Bill Paul, under his report, extended wishes to each and everyone for a happy and safe holiday season during the month of December. commissioner Arlin Voress Under his report, Commissioner Voress reminded all of the Government Open House scheduled for Thursday, December 05, 1991 between 10:00 A.M. to 3:00 P.M. at the Town Hall Complex. The Commissioner urged everyone to come out and see what is going on in our Town; residents will be more informed with regard to their Town Government. ~'ommiss~oner Arthur Evnel Commissioner Eypel had no report. Commissioner John F Rand Commissioner Rand, under his report, extended congratulations to Ms. Joan Leek of the Tawn Clerk's Department for her suggestion and preparation of the "Welcome Packet" which is distributed to new residents of the Town. Commissioner Rand, reporting on his meetings with the Financial Officers of Delray Beach and Boca Raton relative to the State Pooled Investment Fund, read a prepared statement (a copy of which is attached to and made a part of these Minutes) for the record. The Commissioner stated his views have not changed; the Town should not participate in the State Pooled Investment Fund. Mayor Joseph A Boulav Mayor Boulay, noting residents and staff participated in the Walk for Cancer, extended congratulations to participants who won the trophy for the Town. .r ', Town Commission Regular Meeting Minutes December 03, 1991 Page 3 of 6 The Mayor urged all residents to attend the Government Open House on Thursday, December 05, and noted refreshments will be served (i.e. hot dogs, cokes, coffee and cookies). Mayor Boulay, noting a great deal of interest this year in the local boat parades, advised the Boca Parade starts at 6:00 P.M. at the C-15 Canal in Delray Beach and heads South to the Hillsboro Canal on Sunday, December 08; the Delray Beach Boat Parade scheduled for Friday, December 13, begins at 6:00 P.M. at the Boynton Beach Inlet and proceeds South to the C-15 Canal in Delray Beach. Mayor Boulay extended best wishes for a happy and safe holiday season to one and all. Town Attorney Thomas Sliney reported been set for trial in February, 1992 will be meeting with the Commission, Members up to date on both cases (the companion alleged damage case). the Drexel litigation has by the Court. The Attorney in the near future, to bring zoning case and the Town Manager Mariano had no report. Mayor Boulay noted there will be three Boards vacancies at the end of December: two on the Planning Board and one on the Community Appearance Board. It was the consensus to consider nominations for those vacancies at the January 07, 1992 Regular Town Commis- sion Meeting. The Mayor noted the Commission hopes to attract additional Talent Bank Applicants at the Government Open House on December 05, 1991. 1. 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, given first reading on 11/05/91 and published on 11/15/91, received final reading, by title only, by Mayor Boulay. Town Commission Regular Meeting Minutes December 03, 1991 • Page 4 of 6 MOTION to adopt the ordinance as proposed was made by COI~II33IONER RAND/COMMISSIONER EYPEL. A roll call resulted in "AYE" votes cast by each Member. 2. 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 final reading, by title only, to the ordinance which received first reading on 11/05/91 and was published on 11/15/91. COMMISSIONER VORESS/C0~0[ISSIONSR RAND MOVED to adopt the ordinance. Same carried with five "AYE" votes cast by the Commissioners. 3. 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, initially adopted at the November 05, 1991 Regular Town Commission Meeting, was re-addressed at this meeting in order to meet the requirements under the County Charter. A MOTION by VICE MAYOR PAUL/C01~4[ISSIONSR VORESS adopting the resolution on this third day of December carried unanimously. Discussion re mooring docking or fastening a vessel in the waters within the boundary of the Town of Highland Beach Mr. Jose Echeverria of Russell Drive voiced his opposition to the Town allowing anyone to drop anchor or moor a vessel in the Bel Lido Lake at anytime other than in an emergency when the area would be used as a port of call during a dangerous storm. Noting his concern is the Town might establish a precedent if it were to grant this request to the new resident to anchor his boat in the Bel Lido Lake, Mr. Echeverria questioned if the Commission would consider discussing the matter with the new resident and suggest he lease a dock while his dock is being prepared. Commissioner Rand, agreeing it is a good idea to have the Mayor speak with the new resident to try to convince him to consider • mooring his vessel elsewhere, noted he, too, is concerned about ~ t Town Commission Regular Meeting Minutes December 03, 1991 Page 5 of 6 the Town setting a precedent as well as the matter of security. Following discussion, Commissioner Rand advised he would like to propose a MOTION than an ordinance regarding this matter be considered, recognizing full well the comments of our Town At- torney relating to the legality and enforcement of same. COMMIS- SIONER RAND'S MOTION, SECONDED BY COMMISSIONER VORESS, was as follows: "Such an ordinance be considered after careful review and research by our Town Attorney". Commissioner Rand, reiterated the fact that the Town Attorney would research the legality and feasibility of enforcing such ordinance, stated he would want such ordinance to prohibit the anchoring, mooring and parking in any of the canals, lakes, water tributaries within jurisdiction of the Town of Highland Beach. A roll call vote resulted as follows: Commissioner Rand "AYE" Vice Mayor Paul "AYE" Mayor Boulay "AYE" Town Attorney Sliney, noting he the December Workshop Meeting, the Code Enforcement Board for None. Commissioner Voress "AYE" Commissioner Eypel "AYE" will prepare a draft ordinance for suggested said ordinance be tied to the purpose of enforcement. Commissioner Rand requested, and the Commission agreed, to include the State Pooled Investment Fund matter on the December Workshop Meeting Agenda. Mayor Boulay thanked all residents watching the proceedings on cable television this afternoon as well as those in attendance. The Mayor wished all a safe holiday season and noted he hopes to see many residents at the Government Open House set for Thursday, December 05, 1991 at the Town Hall Complex between 10:00 A.M. and 3:00 P.M. Upon proper MOTION by COMMISSIONER VORESS/VICE MAYOR PAUL, Mayor Boulay adjourned the Regular Meeting of the Town Commission at 2:30 P.M. • ~ ', Town Commission Regular Meeting Minutes December 03, 1991 • Page 6 of 6 APPROVED: • ,dos h A. Boula Mayor .~-- Bill Paul, Vice Ma or A i ress, Cgmmissio er Arthur hype ~ mi~sio . Rand, Commissioner r~ .. ', Beaae~uber ~„ 191 TAS Town Gomrois~t~.ox~. B~eu'b~trs .Pram: Cc~m~t:issioner John F« Band Re t Fa~s]~e~d lns~nent ~. '~di~h reference to my report to d ~~, dated Crctober 2y, l~~l and to our c~iscuasian ~t the '.~'av~n wtor2~shop meetan of thc~ same date, I should ~.ike t~ ~~?vise :~©u trs.t ~ met c~ra.tx. tY~.~a ~`inara.cio.l ~f~:'icwrs of Uelxaq Beach :mod Baca Bataan gertaix~zn~ tta the above captioned pooled inve~t~±ent fund ern ~~ever~~ber 5 ~ar..c 34 reel c;e~;~ve~.y. :fie ~.1. ent c~r~cxrwrit: ana c~r~a:lu:.=ions ry~wult~.n.;; fr4~~ t~.ese 1- ~ta:~.rzy ~3~:ach ~ta.s a~tc~ut 5~ rai.~.l~.an iu, ~and~ whicYz they ~.nvest Q1'll~i' J:Xl ~ixlf ~ 'Vriath b€~rzks ~.n ~''1tJT~1.t~E~ i~11'1fJ AY'P CBr~;if~.ef3. `~?~'` aux S~~.te ~. qualif~.~d. pub.l.:.c i~aspc-sitora.es ~~'l~'s}, Not all b~,nk8 o~era~~a.n~ in F'larida, h~.ve tY,.~.s rata.n~ ana the list a~.n change f"raga one ~~tee~ t~ ~.r~dtrier. klav~.n~ CIS" s ~.n such t'D~ s ~'oricta. ~tuncig~alitiee have not ©nly the protection of F]~IC ~ ix~~+:a.ranee ~ ~; to ~1~~"J ! ~C~~ « brat ~ls~ ire xwc~:~.itian a~itabls collateral as prescribed by the Flarids statue so I3elray oarnsider8 such investr_~ent risk Erse. 2- Belray has nev~-r been. a particip~r.~, in the Pooled Fund and wren that ie~aa3 akame up ~siaa for consideration about a gear. Via: they deaaided not to Moira t~c+e funds feeling; th~~.t ire • icv~estmen.t policg was som®what ag~rassive for pelray's staarsdarals. ~heg prefer to a3.ea~ide far themselves as to how to invest their funds asn a rick :free basis« 3~-~?elray~ s finan+~isl at~i"f a~ ~s~~ends only €~ ~2 day earth month in mans:~~.n their direa:-c invemt~ent Funds i«e,. as farp~ as rollovers # zaev~ investments, etta« 4- Belray is Btud~rin,g the pos~sibilitg oafi :Lnve~sting in mutual i`unds that dell only in i1~ Govt direc~c and guaranteed abligatione bsoan.~ste rec®nt gieZds on ~A' S have beaorae very unattractive. However, they are ~wa~.ting an opinion Pram their attorneys as tc whether the Florida statu,~e would allow them to ir~.vest in suoh a vehicle end they promised to share that opinion t+~th me when r+~ceived• In oanclusian, Be~.xrag Bea+~h{s views about the pooled Fund coincide preoiselg wit~~k those which I conveg~ad to you all pr®v~.aaa~g Now Boaaa $atsn is a different situation, ~.®g have approximately axi average of about $l0U million in funds to invest but they will onlg invest 5U`~ of such i'unds in the Florida Pooled Fund wh$d~h at press amounts to X48 rgillion ~e highlights of mg disoussican with Back are as f ollaws t ~»- Boca never saw a detailed breakdown of the Pool::d Fu,nd• s investments ~sueh ~.s 1 instated upon} and while they were ewers that same foreign bank paper was included th~,rein, theg ;~~ J ~.~~ ~~{~ they were quite suz~,rieed at the amount ~.nvolved and the level of •4ancentre.xior~ in one cr t~°o instan~s®~, However, that' did not express any xe~ real t~c~naern about ~.t st~ttixag that they relied 4n the Poo7.(s ~ta,~c=.~ci lnvest~aent pol~.cy and ratiza~; ,~u3.delines. Kiev®rthelees, they asked me for perm~.ssi~:>n to make a Dopy of the breakd~rnen az~a]tigsia of the portfal~.o and ~.isc~ a Gu~;%. of the 3.etter from the fwr~.c~ a~mitt;Lt that r~o F~IQ insuranoe aovere ~xistcc~ ~n any of th~~ fore~.~n bark: ~:~} s wfaich ~ a~r-eed to let th~,:~ c:r~. ~ a1aV~; nw ciotzbt 't:.~t-~~ th~.s n~:,t~*r~.~ 1 ~v~.11. ~a--~ revieweca. i~ Depth by t~.em sixicG ~.-~ ~t was quite apl~ar~;nt to me tYa.~.t they were not aware ~f -~Y~c exte~.~ of ~`ux'~i,,r_ raap"r~ p~p~-x' i±~ t1~.v :~'ux~c~,i 2- ~.~;l~c~. ti~;~.;,r ~~aa~y ox~.y ~rer~° ~~il ~ tt~ ~,r~vest ~~>~ o~: ~hci.r :pus iri the Fc~ol~:~. ~ Ord the~.r xeply was th~.t "one ah.oulc~ n®ver ~t ~tll their @~,u 1Xl :.YL;; i:i~'.t;ttr ~,I3t~. t~'lE'y Y~~v'E ~U.7';~~Z'3.2M'C~ t~'-+.'~ .',~<~ cz1.t'~:sf"~ b.~•vi3 a, ~3lIIl~lax' policy Vrti.nie~ 3- `fey told me that nne State Fao~.ed Fund (Neat ~~) failed in recent years i-lzt~e ~zun.cip~:1 :~.nvestora 1o5~n.~; ~~.bout ?4 cents on every dal;Lar but ~;h:i was due to an a'~aurd invpst~ent policy by the people in chars of f~;~,aa.n it. ~i cevnnc:lusiQx~, ~3aaa d3.d not seem to be ac~ncerned about their investment :in the Foaled Fund alGhau~h they limit it to 5~~ of their ava3.lable 'l'1uLei.e. ~awevert ~- beliaava that i~h y wild. revie'JV the3.r investmer~:t thereiza. 3.n tt113 ligrit 4t ury a~mm~eT'~ts ~.d anal3rtiC~.1 matax~.al sic whi.eh ~ have them su it might `be ~.n:terastin,~ to check with them ~a3.n in Six . me~uta~t to aecsertaan ~ vuhe~Cxer they ;gay hove altered their tihinkin~. I have not chax~,,ed my vi era on this aub~ eat i~ e ~ than we should not invest in th3~s ~galed Fund for rea;~ons which I hav® stated t4 all of you on previous oocs.eic~ns acid it is now ~p to you to decide whets=er you agree or disagree witb my viewa+ T ~rauld 3.i.ke to have a oanseneua on the sub~eQt ~. I wQUld be pleased to answer any question which you may have and to uone3.der any ~~;eatitin you care to ofi'er. ~' OHN ~'.