Loading...
1990.04.24_TC_Minutes_WorkshopTOWN. OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, April 24, 1990 1:30 P.M. Mayor Joseph A. Boulay called the Workshop 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. Others present were Vice Mayor Bill Paul and Commissioner Harold C. Chambers. Absent were Commission- ers Marvin A. Waldman and Betty Jean Stewart. 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. At 1:40 P.M., Mayor Boulay recessed the Workshop Meeting to conduct a Special Meeting outdoors with regard to Arbor Day. ADDITION, DELETIONS OR ACCEPTANCE OF_AGENDA The Workshop Meeting was reconvened at 1:50 P.M. by Mayor Boulay, at which time the Agenda (following Commissioner Chambers comment that he has prepared a written report which will be distributed when he delivers • his report) was accepted as submitted, upon MOTION by VICE MAYOR PAUL/COMMISSIONER CHAMBERS. MOTION carried without objection. 90.1 Public Comments and Requests Mr. Patrick Beary, residing at the Seagate of Highlands Condominium, ex- tended his thanks to Commissioner Chambers for his proposed endorsement of Mr. Beary's plan to amend the present Town law which would delete the requirement of one year voter's registration in this precinct for any candidate filing for elected office. Mrs. Helene Christiansen, a Seagate of Highlands Condominium resident, spoke to the Town Commission as a Member of the Highland Beach Speed Control and Manatee Protection Committee whose goals are clearly stated in the name of their Committee. On behalf of the Committee and the more than 1,200 residents who have signed a petition to protect the manatees, they requested that Commissioner Chambers sponsor legislation with re- gard to a "NO WAKE" speed zone on the Intracoastal Waterway and further requested that the Mayor and other Members of the Town Commission support such legislation. Mrs. Marie Beary, a resident of Seagate of Highlands Condominium, sub- mitted a Resolution to exempt all mid/high-rise buildings built prior to 1983 from the mandate requiring retrofitting with fire sprinklers (a copy of which is attached to and made a part of these minutes) with a request that the Town Commission consider same. In reply to Commission- er Chambers' inquiry, Mrs. Beary noted this Resolution was the result of a consensus of opinion at Seagate; the Board of Directors authorized same. Mrs. Beary further noted that a petition, addressed to the Town Town Commission Workshop Meeting Minutes April 24, 1990 Page 2 of 9 Commission, urging the statute be rewritten to conform with the Resolution, will be forthcoming. Mrs. Alice Winokur, a Seagate of Highlands Condominium resident, noted that by cooperating with Boca Raton and Delray Beach in establishing a "NO WAKE" zone on the Intracoastal between Spanish River Boulevard and Linton Boulevard, manatees and boaters will be protected. Empowerment by the three communities would require a patrol boat policing the Water- way daily. Mrs. Winokur further noted that the residents are being subjected to noise pollution (created by cigarette speed boats) which is an invasion of one's privacy. Mrs. Winokur commented that boat licens- ing should be mandatory and anyone with a prior DUI conviction should be banned from operating a boat. Mr. Albert Debicki, residing at Seagate of Highlands Condominium, ex- pressed his thanks to the Commission for installing the "bike rider signs" along AlA. Mr. Debicki noted that the pedestrians appreciate the efforts of the Town Commission in regard to this matter. Mr. Ed Hardy of Seagate of Highlands Condominium noted that he was • surprised at the level of noise and the speed of the boats on the Intra- coastal Waterway. Mr. Hardy further noted that imposing a speed limit would not impose an intolerable burden on the boaters; and, he urged the Town Commission to take the necessary steps with regard to this issue. Mr. Jose Echeverria residing on Russell Drive, noted that the Turtle Program officially begins on May 1; however, there already are several turtle nests in Highland Beach. Mr. Echeverria urged all to comply with Town Ordinance No. 554 which requires beach front property to keep lights out between 11:00 P.M. and 6 A.M. It was further noted by Mr. Echeverria that the beach cleaning program is progressing nicely, and volunteers are always needed. Mr. Echeverria noted that he attended the Palm Beach Countywide Beaches and Shores Council Meeting on 4/9/90 at which a request submitted by Richard Ramaglia of 4005 S. Ocean Boulevard, Highland Beach, was reviewed--this request will be reviewed by the Department of Natural Resources with regard to a permit for restacking existing boulders (1,000/3,000 lbs.) and the restoration of the dune per plans submitted by applicant. With regard to the speed limit on the Intracoastal, Mr. Echeverria commented that the heavy wave action causes the destruction of the seawalls. Mr. Michael Dent, residing at the Casuarina, congratulated the Town Com- mission for having appointed Mr. Jose Echeverria to the Palm Beach Countywide Beaches and Shores Council. 90.2 Boards and Committees • Mayor Boulay noted the existing vacancies on the various Town Boards and requested the Members review the current Talent Bank Applications in order to make possible appointments at the May 1, 1990 Regular Meeting. Town Commission Workshop Meeting Minutes April 24, 1990 Page 3 of 9 90.3 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, given first reading on 04/03/90 was published on 04/13/90, was read by title only by Mayor Boulay. Same will be placed on the Agenda for the May 1, 1990 Regular ,Meeting for discussion and consideration. In conjunction with the proposed ordinance, it was noted that Town Manager Mariano's Memo of 04/18/90 to Commissioner Stewart was in response to the concerns expressed by the Commission at the 04/03/90 Regular Meeting regarding the need for additional lighting on Town Hall Property to insure the safety of staff and residents attending evening Town Commission Meetings. It was further noted that a Memo from Chief Cecere dated 04/04/90 (which is attached to the Town Manager's Memo mentioned above) indicates that the existing lighting on Town Hall Property is sufficient providing the trees/vegetation around said lights are maintained in a trim state. 87.4 Discussion re May/June 1990 Newsletter The draft of the May/June 1990 Newsletter was reviewed. Members present noted they would like the format to be amended to the format proposed by the Mayor last year, and they would like to have a Newsletter published monthly. Following substantial discussion, it was agreed that this mat- ter should be placed on the May 1, 1990 Regular Meeting Agenda for further discussion and/or amendment. 89.15 Discussion re allocation of Recreation and Open Space Funds Gee and Jenson Bike Path Engineering Study Town Manager Mariano submitted a Memo on 04/17/90 to the Town Commission with regard to the Gee and 3enson Bike Path Engineering Study. It was noted that the November 1989 Town approval of the Gee and Jenson pro- posal was for Phase I of their scope of services which resulted in the March 1990 Bike Path Study. Noting that Phase II indicates a survey of the existing conditions would be required in order to provide a more detailed cost estimate, the Town Manager advised that the cost of Phase II would be in the range of $5,000.00 as the engineering would only be done on those areas of repair and not the entire bike path. It was the consensus that this matter be placed on the Regular Meeting Agenda, under Items Left Over, for further discussion and possible action. . Town Commission April 24, 1990 Page 4 of 9 Workshop Meeting Minutes 89.17 Discussion re status of code recodification During discussion regarding the status of code recodification, it was agreed that this matter be placed on the Regular Meeting Agenda, when a full body of Town Commissioners will be present, to schedule a Workshop Meeting to review same. The Town Manager advised the Town Commission that Urban Design Studios has completed the preliminary plans for the proposed park behind Town Hall. It was suggested that this matter be placed on the May 1, 1990 Regular Meeting Agenda. MISCELLANEOUS - ITEMS LEFT OVER Status of building development in Town The status of building development in Town report, prepared by the Building Official, was received as information by the Town Commission. Minutes for approval at Mai Regular Meeting • Two sets of Minutes to be submitted for approval at the May 1, 1990 Town Commission Regular Meeting were reviewed. With regard to Minutes that are approved, it was suggested that a Memo be submitted to the Commission Members requesting that they make every effort to sign Minutes soon after approval is granted at the Regular Town Commission Meeting. REPORTS - TOWN COMMISSION Mayor Joseph A. Boula Mayor Boulay noted that a Resolution of Appreciation will be presented to former Vice Mayor John J. Basso and former Commissioner Doris R. Rome at the May 1, 1990 Regular Town Commission Meeting. Mayor Boulay reported that Highland Beach was favorably mentioned in the 4/21/90 issue of the Boca News in an article entitled "Xeriscape Takes Root in South County". The Mayor further noted that he is looking into several projects for consideration by the Town with regard to the matter of ecology/water conservation. The Mayor commented on a sensitive sprinkler head (which ceases to operate during a rainfall) which could save gallons of potable water. Another consideration is the placement of trash receptacles, which would be placed and emptied regularly by the • Town's Maintenance Department, in specific locations on the beach. Mayor Boulay attended the Mayor' Breakfast which was hosted by the Historic Palm Beach County Preservation Board at Delray's Old School Square. • Town Commission Workshop Meeting Minutes April 24, 1990 Page 5 of 9 The Mayor along with Members of Advisory Board and Town Manager Treatment Plant in Wellington. Jack Lee attended a Water Resou for the purpose of developing a Beach County. the Town Commission, Water Resources Mariano toured a Reverse Osmosis Water Also, the Mayor and Utilities Director rces Management Conference which was held master plan for Water Management in Palm Vice Mayor Bill Paul Vice Mayor Paul noted the Town needs to take another look at the alternatives to the County Fire/Rescue Services. The Vice Mayor further noted that the County was to keep our districts the same as they were when the County first began the Fire/Rescue Service in Town; however, they have made all districts equal which will increase our costs. Commissioner Marvin A. Waldman Absent. Commissioner Betty Jean Stewart Absent. Commissioner Harold C. Chambers Commissioner Chambers introduced Ms. Kathy Tilton, General Manager of the Holiday Inn, and thanked her for permitting the Stolte Construction workers to park at the Holiday Inn's west side parking lot. Commissioner Chambers, submitted his printed report (a copy of which is attached to and made a part of these minutes) which addressed numerous matters, including candidate qualifying requirements. The Commissioner noted that at the May 1, 1990 Regular Town Commission Meeting, he will propose that Mr. Terry Lee (who is present at this meeting) be appointed as an alternate Town representative to the Palm Beach Countywide Beaches and Shores Council. During an interview by the Town Commission, Mr. Lee advised the Members that he is an architect; he resides on the ocean and has been involved with the Florida Department of Natural Resources in regard to beaches and shores. Mr. Lee noted that he feels qualified for this appointment and would like to represent the Town as an alternate member on the Palm Beach Countywide Beaches and Shores Council. The Mayor stated he would support such appointment. r~ U • Town Commission Workshop Meeting Minutes April 24, 1990 Page 6 of 9 REPORTS - TOWN ATTORNEY Town Attorney Sliney noted that he had met with Town Manager Mariano and Police Chief Cecere, all of whom are members of the Highland Beach Bike Path Committee, on April 5, 1990, at which time recommendations and comments regarding the bike path were incorporated into their report (The Bike Path Committee Report) of April 9, 1990, a copy of which is attached to and made a part of these Minutes. Town Manager Mariano noted that the report is really a proposal for a program of three signs: (which are all Department of Transportation approved signs) 1. the cyclist sign will state the Florida State Statute to make the people aware that it is a law that will be enforced; 2. a sign showing a walker and reads "Ped Xing" is recommended at each cross street; and, 3. at all egresses to large condominiums where they have posted stop signs, the Committee proposes that additional signs be included at the bottom which read "Caution - Ped Xing". The signs discussed are used is Delray Beach and South Palm Beach. The total cost of the signage throughout the Town would result in a $772.20 expenditure for the Town . Commissioner Chambers requested the Deputy Town Clerk read into the Minutes a specific section (Bike Path Committee Meetings - page 7) of his prepared report. Following said reading, the Commissioner stated "That constitutes my report". In response to this reading, the Town Manager, for the record, noted that "that is not an accurate accounting of what occurred; Commissioner Chambers was certainly invited to attend that meeting". Mayor Boulay stated "I do not have to answer to Commissioner Chambers as to why I attend a meeting or not attend a meet- ing. If anyone would like to hear why I didn't attend that meeting, my office door is open and I'll be glad to talk to you". With regard to the said reading, Attorney Sliney commented that maybe Commissioner Chambers misunderstands the Sunshine Law since he is a new Member of the Town Commission. Attorney Sliney noted that Committees in Municipalities commonly (particularly among non-elected officials) meet all the time; that's the way government operates as far as Committees. There was no intent to exclude anyone - this was an appointed Committee by the Town Commission. The Town Attorney noted that there is nothing in the Bike Path Committee Report or the actions of this Committee that violates the Sunshine Law. Following substantial discussion of the Bike Path Committee Report, Mayor Boulay noted that he would like to hear from the Members of the Town Commission who were not present at this Workshop Meeting; it was • agreed that this matter should be included on the May 1, 1990 Regular Meeting Agenda under Items Left Over. • Town Commission Workshop Meeting Minutes April 24, 1990 Page 7 of 9 REPORTS - TOWN MANAGER Concordia Investments request for access to Sales Models at Villa Mare and Villa Costa Town Manager noted a Memo from the Building Official, dated 4/13/90, regarding Concordia Investments request for access to Sales Models at Villa Mare and Villa Costa, requested an opinion from the Town Attorney prior to the Town Commission taking action. The Town Attorney advised that he had no problem with the request; however, it was his suggestion that Concordia submit a direct Indemnity Agreement in favor of the Town. Commissioner Chambers suggested that the Town request to become "additional named insured" on Concordia's insurance policy. Following discussion, it was the noted that this matter will appear on the May 1, 1990 Regular Meeting Agenda under Items Left Over. Interlocal Agreement for Joint Solid Waste Management Grant Application Town Manager Mariano's Memo of 4/13/90 regarding an Interlocal Agree- went for Joint Solid Waste Management Grant Application was discussed. The Town Manager, noting we are close to getting into a recycling program, recommended the Resolution to authorize the execution of the Interlocal Agreement be considered for approval. It was agreed that this matter be included under Ordinances and Resolutions on the May 1, 1990 Regular Meeting Agenda. Town Hall Police and Fire Complex, Parking Lot/Seal Coating Proposals A Memo from the Town Manager, dated 4/13/90 regarding bids for seal coating of the Town Hall Police and Fire Complex was discussed. It is the Town Manager's recommendation that the Town accept the proposal submitted by Florida Blacktop in the amount of $2,890.00 which also includes painting of the car stops. This matter will be placed on the Consent Agenda for the May 1, 1990 Regular Meeting of the Town Commission. A~~ointment of Town Clerk Town Manager Mariano read into the Minutes her Memo of 4/13/90 (a copy of which is attached to and made a part of these Minutes) regarding the appointment of a Town Clerk. It was agreed that a Resolution regarding this matter be prepared for consideration at the Regular Town Commission Meeting on May 1, 1990. Town Commission Workshop Meeting Minutes April 24, 1990 Page 8 of 9 Town Manager Mariano submitted a Memo to the Town Commission, dated 4/19/90, with regard to the Palm Beach County Fire/Rescue Agreement. The Town Manager noted that the County has again revised the Agreement, which Agreement should be discussed as the Resolution adopted by the Town Commission called for the Mayor to execute an Agreement providing for Fire/Rescue Services in the Town by Palm Beach County's Fire/Rescue MSTU #3. The revised Agreement does not include the "MSTU #3" but simply includes the "MSTU". The Town approved an Interlocal Agreement that was based on County Ordinance #83-23 and not County Ordinance #90-3 which is the new Ordinance which eliminated the separate MSTU. The Town Manager requested direction as to how the Town Commission wants to proceed with the approval of this contract. It was noted that the Town has been operating without benefit of a contract since October 1, 1989. The Town Manager noted that the new contract from the County indicates same to be effective commencing October 1, 1994! where the former contract (which had already been submitted by the Town) was commencing October 1, 1989 at which time the MSTU #3 existed under County Ordinance #83-23. It was suggested by the Town Attorney that the Town sit down with a representative from the Fire District to see what is going on. The Town Manager advised that the Town is paying the County for Fire/ Rescue Services under the MSTU #3 ratio and criteria rather than under the new criteria; if we enter into any contract, we have 18 months lead time in both directions (for the County to pull out of Town or for the Town to request the County to leave). Following discussion of this matter, it was noted that the Vice Mayor's comment made earlier in the meeting with regard to looking at alternatives to the County Fire/Rescue Service was appropriate and it was agreed that the Town should look into same. The Town Manager noted that she is on vacation this week; next week she will be on jury duty therefore she will not be at the Regular Town Com- mission Meeting; and, the week of May 16, the Town Manager will be attending the City Managers' Conference in Tampa. Mayor Boulay noted that this meeting is the second live telecast meeting which will also be aired this date on Channel 12 at 7:30 P.M. There being no further business to come before the Town Commission at this time, Mayor Boulay adjourned the Workshop Meeting at 3:30 P.M. • r .t ~ Town Commission Workshop Meeting Minutes April 24,.1990 Page 9 of 9 APPROVED: vos n A. t3oulay, Mayor B~11 Paul, Vice Mayor (Absent) Marvin A. Waldman, Commissioner (Ab s e ~~~% ~ /~ Bet ~ ern ~ .Commissioner Chambers, Commissioner •