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1990.04.03_TC_Minutes_Regulart TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, April 3, 1990 1:30 P.M. Mayor Joseph A. Boulay, calling the Regular Meeting of the Town Commis- sion of the Town of Highland Beach, Florida, to order at 1:30 P.M. in the Commission Chambers at Town Hall, welcomed the residents in at- tendance, as well as those residents who were at home witnessing the Town's first live televised broadcast and invited those at home to phone in their evaluation of the broadcast to Town Hall. Others present were Vice Mayor Bill Paul, Commissioners Marvin A. Waldman, Betty Jean Stewart and Harold C. Chambers. Also in attendance were Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Deputy Town Clerk Anne M. Kowals and members of the general public. Following roll call, the Pledge of Allegiance was given. ADOPTION OF AGENDA Upon MOTION by VICE MAYOR PAUL/COMMISSIONER CHAMBERS, the Agenda was • adopted as submitted. The MOTION carried without objection. APPROVAL OF MINUTES The following sets of Minutes were submitted for approval: February 27, 1990 - Workshop Meeting February 27, 1990 - Public Hearing March 06, 1990 - Regular Meeting March 14, 1990 - Special Meeting/Canvassing Board MOTION was made by COMMISSIONER CHAMBERS/VICE MAYOR PAUL to approve the Minutes as amended. The MOTION carried unanimously. PUBLIC COMMENTS AND REQUESTS Mr. Alfred Debicki, a Seagate of Highlands Condominium resident, citing the 12/30/89 accident on the bike path where a bicycle rider ran into and caused injury to both Mr. & Mrs. Debicki, noted that at the 3/27/90 Workshop Meeting the placement of signs requesting bicycle riders to signal and be recognized before passing from behind had been discussed as was the suggestion of an ordinance (in conjunction with Boca Raton and Delray Beach) to require bicycles be equipped with bell/horn to warn the pedestrian. Mayor Boulay noted that at the 3/27/90 Workshop Meet- .. ing, the Town Manager was directed to obtain the additional costs that would be involved to up-grade the bike path as suggested in Phase I and Phase II of the Gee & Jenson Bike Path Study. The Mayor further noted that a committee consisting of the Town Attorney, Town Manager, Police Chief and Mayor will be meeting on Thursday (4/05/90) to discuss what • Town Commission Regular Meeting Minutes April 3, 1990 Page 2 of 7 can be done legally with regard to this matter; the Committee will report to the Town Commission at the April 24, 1990 Workshop Meeting at which the problems on the bike path will again be discussed. Mr. Patrick Beary, residing at the Seagate of Highlands Condominium, requested the Town Commission consider amending the Town Code of Ordinances by eliminating the one year voter registration requirement for potential candidates for public office in the Town of Highland Beach. The Town Attorney advised that the Town researched the matter before they put that one year voter registration requirement into effect. At this time, Mr. Beary, noting the Code Enforcement Board vacancy, requested he be considered for same and stated he will fill out the necessary papers which he will submit at a later date. In the course of his interview, Mr. Beary noted he was a past president of the Jamaica (L.I.) Kiwanis Club, he has been a Member of the Bar Association for many years and was active in political, social and fraternal circles over the years. Mr. Beary further noted that his wife, Marie Beary, who was an Assistant Attorney General in Queens, N. Y., for many years, would also qualify for any vacancy on any Town Boards. Mr. Jose Echeverria of 1112 Russell Drive, expressing his appreciation • for having been considered as a candidate for Town representative on the Beaches and Shores Council, noted if he can be of help to the Town, he would be honored. Mr. Michael Dent, a Casuarina Condominium resident, thanked Vice Mayor Paul and Commissioner Chambers for getting the show on the road with regard to the televising of the Town Commission Meetings. REPORTS - TOWN COMMISSION Mayor Joseph A. Boulay Mayor Boulay reported he issued a Proclamation for the Town of Highland Beach naming April as Arbor Month. The Mayor noted that the new Town stationery denotes that Highland Beach is a "Tree City U.S.A.". Mayor Boulay further noted that the April 24, 1990 Town Commission Workshop Meeting will be recessed for the purpose of conducting an Arbor Day Ceremony, which will be coordinated with the Community Appearance Board, at which a tree will be planted on Town Hall Property. Mayor Boulay advised that he has attended a number of South Florida Water Management District Meetings and cautioned everyone to conserve water as we are having serious problems with water due to the severe dry spell in Florida. • Vice Mayor Bill Paul Vice Mayor Paul reported that during March 1989, the average water usage was 1.44 mgp day; the average water usage in March 1990 dropped to l.ll mgp day (which was the lowest consumption for the last four years). The Town Commission Regular Meeting Minutes • April 3, 1990 Page 3 of 7 Vice Mayor further reported that the average water usage for February 1990 was 1.275 mgp day. Commissioner Marvin A. Waldman Commissioner Waldman reported that an article in today's issue of the Sun Sentinel states that the single, most important concern of Palm Beach County and their elderly is transportation. In view of that newspaper article, Commissioner Waldman said the Town Commission may want to reconsider nighttime meetings as many senior residents may have no way to get to the evening meetings; during the daytime, they can walk to the Town Hall. Commissioner Betty Jean Stewart Commissioner Stewart reported that, in preparation for the nighttime Town Meetings, she is requesting that the Town Manager provide the following information: the cost of an additional Police Officer to protect the staff and persons attending night meetings; the cost of additional sodium vapor lights in the parking lot; lighting cost for lighting that exists which is not working; and, what areas of the present budget can be reduced to provide funding for all of these additions. Commissioner Stewart requested that this information be available for the April Workshop Meeting noting that, out of consider- ation for the staff and residents, this information is needed before the nighttime meetings take effect. Commissioner Stewart noted that, for the past several months, the Town Commission has listened to residents with regard to walking on the bike path; Mr. Debicki related the bike accident on the bike path which resulted in injuries to his wife and he. The Commissioner asked that the sign submitted for consideration at the March 27, 1990 Workshop Meeting, at the request of a resident, be made up and posted in the following areas: at the North and South end of Town, at the Seagate of Highlands Condominium and in the Bel Lido area. The sign which reads "Bike riders, please signal and be recognized before passing from the rear is a small request for courtesy and does not incur Town liability. COMMISSIONER STEWART made a MOTION, which was SECONDED by COMMISSIONER WALDMAN, to have four signs made up and installed (in the areas mentioned above) within the next ten days (not thirty days) from now. At the conclusion of substantial discussion, a roll call vote resulted in five "AYE" votes. Commissioner Harold C. Chambers Commissioner Chambers reported meeting with Boca Raton Commissioner Travasos and discussing potable water and Boca's boat patrolling the Intracoastal Waterway. Also discussed was the possibility of enforcing . each other's laws should Highland Beach add a boat to the Intracoastal Town Commission Regular Meeting Minutes April 3, 1990 - Page 4 of 7 Waterway. Commissioner Chambers further reported that he is studying the printed information received from Major Rogers of the Florida Marine Patrol. Commissioner Chambers inquired of Police Chief Cecere if he felt the Town requires additional lights in the parking area and if there is a crime potential with nighttime meetings. Chief Cecere responded that with the number of people presently attending Town Commission Meetings, there is no need for an extra police officer during nighttime meetings. The Commissioner noted that a printed booklet giving a 30 year progress report on the Town of Highland Beach is outdated and suggested that the Town Commission may want to consider up-dating the information. REPORTS - TOWN ATTORNEY Under his report, Town Attorney Sliney recommended that the Town Commis- sion approve the Consent Agenda to be considered today with regard to a request for an extension relating to the Broadview/Hoffmann matter. The Town Attorney noted that the Bike Path Committee, which is made up of the Mayor, Police Chief, Town Manager and Town Attorney, is meeting on • Thursday, April 5, 1990, and a report of said meeting will be presented to the Town Commission at the April Workshop Meeting; and, the Town Attorney is looking into the question regarding the Town's jurisdiction on the Intracoastal Waterway. REPORTS - TOWN MANAGER Town Manager Mariano reported that she contacted Mr. Saltzwedel with regard to the Town of Highland Beach Seal and was advised that he had an emergency which did not allow him to complete our seal; however, he has resumed work on our seal and same should be delivered in early May. The Town Manager noted that she requested Mr. Jim Park of Gee & Jenson to elaborate on the recommended Phase I and Phase II of the Bike Path Study. Mr. Park will forward a letter to delineate the costs that would be above and beyond those contained in the Study. Town Manager Mariano reported receipt of the 1990 Government and Sunshine Manual which is available from the front office for review by the Town Commissioners. Upon questioning, the Town Manager informed the Town Commission that she had not determined the cost of expanding the Town Newsletter on a monthly basis. It was noted that the latest issue of the Town News- letter was very recently mailed out to the residents. Town Commission Regular Meeting Minutes April 3, 1990 Page 5 of 7 REPORTS - BOARDS AND COMMITTEES Mayor Boulay, noting the existing vacancies on the Town Boards, advised that the Town Attorney was requested to meet with the Code Enforcement Board on Wednesday, April 18, 1990 at 9:45 A.M. in order to explain the 1989 law which recommends the make-up of said Board. The Mayor stated that he would accept a MOTION nominating one person to one board; he will not accept one MOTION for dual nominations. No nominations for appointments to the existing vacancies were forthcoming. PROPOSED ORDINANCES AND RESOLUTIONS 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, CHAPTER 2, ENTITLED "ADMINISTRATION", SECTION 2-6, ENTITLED "RULES OF PROCEDURE", RULE N0. 1 RELATING TO THE TIME OF REGULAR MEETINGS. The proposed ordinance received first reading, by title only, by Mayor Boulay. During discussion, Commissioner Waldman suggested changing the word "shall" to "may". Same will be placed on the April 24, 1990 • Workshop Meeting Agenda for further discussion. 2. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING RESOLUTION N0. 473 REGARDING THE PALM BEACH COUNTYWIDE BEACHES AND SHORES COUNCIL AND INTERLOCAL AGREEMENT. The proposed resolution was read in its entirety by the Deputy Town Clerk. A MOTION by VICE MAYOR PAUL nominating Jose Echeverria as the Town's representative on the Palm Beach Countywide Beaches and Shores Council was withdrawn due to lack of a SECOND. During discussion of the matter, Commissioner Waldman noted that for the last five years, Commis- sioner Stewart represented the Town on the Council; to go to an outsider would be an insult to the Members of the Commission. COMMISSIONER WALDMAN'S MOTION to nominate Betty Jean Stewart for reappointment to the Council failed for lack of a SECOND. Following brief discussion, COMMISSIONER CHAMBERS noted he would observe that Jose Echeverria is not an outsider and MOVED to have him appointed to the Palm Beach Countywide Beaches and Shores Council. VICE MAYOR PAUL SECONDED this MOTION. The roll call vote resulted as follows: Commissioner Waldman "NO" Vice Mayor Paul "AYE" Commissioner Stewart ^NO because I will not vote to cleanse the hands of the Vice Mayor". Commissioner Chambers "AYE" Mayor Boulay "AYE" The MOTION passed with three "AYE" votes being cast. Mayor Boulay noted that Jose Echeverria is the new Member of the Palm Beach Countywide Town Commission Regular Meeting Minutes April 3, 1990 - Page 6 of 7 Beaches and Shores Council and inquired of Commissioner Stewart if she would like to serve on the Council in the capacity of an Alternate Member. Commissioner Stewart declined the Mayor's offer. 3. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING SECTION 2 OF RESOLUTION N0. 541, WHICH ESTABLISHED A WATER RESOURCES ADVISORY BOARD. The proposed resolution was read by the Deputy Town Clerk in its entirety. A MOTION by VICE MAYOR PAUL/COMMISSIONER CHAMBERS adopting the resolution carried without objection. At this time, COMMISSIONER CHAMBERS/VICE MAYOR PAUL MOVED to appoint Arlen Voress to the Water Resources Advisory Board. The MOTION carried unanimously. Mayor Boulay noted that the Water Resources Advisory Board has actively resumed its meetings and has done an outstanding job; and, the Chairman of the Board requested to have Mr. Voress appointed to the Board. Commissioner Chambers, noting that a comment was made at the last Town Commission Workshop Meeting indicating that a resignation from the Water Resources Advisory Board was forthcoming, advised that he attended their • last meeting and was informed that no such resignation is anticipated at this time. REGULAR BUSINESS Items Left Over None Consent Agenda Approval of extension of Broadview/Hoffmann Settlement Offer to 615/90 MOTION was made by COMMISSIONER WALDMAN/COMMISSIONER CHAMBERS to approve the Consent Agenda. Same carried without objection. There being no further business to come before the Town Commission at this time, upon MOTION by COMMISSIONER CHAMBERS/COMMISSIONER WALDMAN, Mayor Boulay adjourned the Regular Meeting at 2:35 P.M. • Town Commission Regular Meeting Minutes April 3, 1990 Page 7 of 7 APPROVED: ~seph A. Boulay, Mayor ~~ ill Paul, Vice Mayor Marv'n A. Waldman, Commissioner oner oners • • R 1 MEMORANDUM TO: TOWN COMMISSION L~ FROM: THOMAS E. SLINEY ~' / DATE • A r ' ((( p it 9, 1990 SUBJECT: Bike Path Committee Report The Highland Beach Bike Path Committee met on Thursday, April 5, 1990, and has the following recommendations and comments concerning the current situation with regard to usage of the bike path in the Town of Highland Beach: 1. The Committee recommends that signs referencing Florida Statute 316.2065(11), which would allow enforcement of the State Statute for violations, be posted in the Town. These would be posted at the north end of the Town and at the south end of the Town and at intervals throughout the Town as determined by the Town Commission. 2. The Committee recommends that white stop bar (lines) and/or speed bumps be installed across exits and entrances to condominiums and other residences along State Road A-1-A and also white lines that delineate bike path vs. driveway. 3. The Committee recommends that the Town Commission choose either Phase 1 or Phase 2 of the bike path alternatives under the Gee and Jenson Report. 4. The Committee recommends that the Town pursue an education program concerning use of the bike path and courtesy thereon through the Town's governmental TV channel and through direct notification to condominiums, through police department programs, etc. 5. The Committee does not recommend the adoption of a separate Highland Beach ordinance with regard to the bike path matters. As referenced above, the posting of signs referencing 316.2065(11) will allow Town enforcement. -Also, the State Traffic Code requires that all b~yclists give an audible warning when passing pedestrians. This addresses the question of requiring bells on bikes. 6. The Committee recommends the continuation of the current Town voluntary bicycle registration, which is used primarily for stolen bicycles, but does not recommend a mandatory bicycle registration program. ,~ r i 7. 8. The Committee does not recommend that the Town attempt to outlaw the use of earphone radios for use along the bike path. The Committee does not of water fountains for of installing backflow, accumulation, odor near other health factors. recommend the installation several reasons, e.g. cost cost of maintenance, debris lift stations, rodents and The Committee feels that implementation of the foregoing procedures will greatly alleviate current problems along the bike path. * Attached you will find the Committee's recommended sinage which cost totals $772.20. These funds exist in the present budget under Other General Government, Account # 01-06-19-5620. 4 • { a C ~~- ~ ~ ~ l~~ • vim-/ I Y f/ ~i~/.~.i// ~r 18 X .~ ~- ~ ~ ~~n~ ~~ 1 ~-~ ~~ ~ ~~ ~ lf~ # ~~.QVS~~ ~ C~~~-, ~~ ALL DoT ~+ PP~ov~z~ s~ ~~/S CAUTI ~ ti/ PED XING ~a ~ a y ISs~~ns ~ 13.20 ~ZS. oo ~Qr ~P ~~3~) To ~e ~oca-ted ~~- a ! 1 2~re~se~ ~i~t IFfl~~ .}.. ~~ ~, i .y.,. s.9. ~y~~ - ~~ .: ~~~~ ~ !~ / ° ~ .a ~;... ~13~0~ ~~~ /~~ 5~ r v Police De artment ;_'`~"~sM~"`'~ P ~o: --: Town of Highland Beach "~~ a~ .o~~« .... .- . MEMORANDUM TO: TOWN MGR. MARY ANN ~J FROM : CHIEF BILL CECERE SUBJECT: LOCATIONS WHERE PEDESTRIAN & CYCLIST SIGNS SHOULD BE PLACED. DATE: APRIL 11, 1990 1.ENCLAVE 2.BEL AIR DR. 3.Russell Dr. 4.Be1 Lido Exit 5.Highland Beach Dr. 6.REGENCY EXIT 7. CASUARINA EXIT 8.CORONADO EXIT 9. PENTHOUSE HIGH. 3100 S.OCEAN BLVD. .- ~ x,_; lO.ST.LUCYPARKING LOT EXIT 11.City Hall Exit +~ ~ ?~.. MEMORANDUM TO: TOWN COMMISSION FROM: MARY ANN MARIANO, TOWN MANAGER DATE: APRIL 13, 1990 RE; APPOINTMENT OF TOWN CLERK The Town Charter, as well as the Town Code, provides for the appointment of a qualified person to serve as the Town Clerk. I have served in that capacity since June of 1983. Upon per- manent appointment to the position of Town Manager in February of 1988, I have served in the dual capacity of Town Manager and Town Clerk. In January of 1988, Anne M. Kowals was given the title of Deputy Town Clerk and has served in such capacity since that time. Since her appointment, Anne has performed professionally, com- petently and admirably through all of the phases of responsibi- lity as carried out by the Town Clerk including but not limited to development of the Departmental Budget, administrative re- sponsibilities for the development and adoption of the Town's Comprehensive Plan, the handling of the 1990 Municipal Election, and all other duties and responsibilities generally falling under realm of the Town Clerk. Anne has served the Town respon- sibly and loyally since April 30, 1984 in various capacities, and I believe. her performance, honesty and integrity deserve the right to be recognized. I therefore recommend that the Town Commission consider the appointment of Anne Kowals to the position of Town Clerk at the May 1, 1990 Regular Meeting. If deemed acceptable by the Town Commission, an appropriate resolution will be drawn for consider- ation at that time. This appointment will entail an increase of approximately $3,000.00, which funds exist in the present budget with no transfers being necessary at this time. Mary A Mariano, Town Manager MAM/amk