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1990.06.05_TC_Minutes_Regular`+ TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, June 5, 1990 7:30 P.M. Mayor Joseph A. Boulay called the Regular Meeting of the Town Commission of the Town of Highland Beach, Florida, to order at 7:30 P.M. in the Commission Chambers at Town Hall and noted that this is the first evening meeting on live television. Others present were Vice Mayor Bill Paul, Commissioners Marvin A. Waldman and Harold C. Chambers. Absent was Commissioner Betty Jean Stewart. 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. ADOPTION OF AGENDA The Agenda, amended by moving the presentation of the preliminary plans • for the park behind Town Hall prepared by Jo Ellen Leisinger of Urban Design Studios to a position following Public Comments and Requests, was accepted as amended, upon MOTION BX VICE MAYOR PAUL/COMMISSIONER CHAMBERS. The MOTION carried without objection. APPROVAL OF MINUTES Four sets of Minutes submitted for approval were adopted as amended upon MOTION by COMMISSIONER CHAMBERS/COMMISSIONER WALDMAN. Same carried unanimously. PUBLIC COMMENTS AND REQUESTS Mr. John Rand, a Bel Lido resident, commented that most of the Town's residents appreciate the night meetings and requested all Members speak into their microphones. Dr. Rosenbluth, residing on Boca Cove Lane, questioned if the Town Com- missioners were aware of an existing wall erected between Boca Cove Lane and the Boca Highland area that includes an unfilled trench. The Town Manager noted that the trench was to accommodate cable wiring for Boca Cove Lane; the Building Official was to resolve the matter between Boca Cove and Royal Cove as there was an agreement between the two. Mayor Boulay noted he would check into this matter and contact Dr. Rosenbluth re his findings. Mr. Terrence Lee of 3719 South Ocean Boulevard urged the Town Commission to get on with the jobs and duties they were elected to do. With regard to Fire/Rescue Service Mr. Lee suggested pursuing an alternative; with regard to the proposed policy for government access channel 12, dated • Town Commission Regular Meeting Minutes June 5, 1990 Page 2 of 8 June 5, 1990, as prepared and submitted by Commissioner Chambers, Mr. Lee suggested it be reviewed and adopted for the betterment of the Town's relation with its citizens. Mrs. D. J. Echeverria of Russell Drive noted that with regard to the Highland Beach Turtle Program, a total of 160 nests have been staked as of 05/31/90; there were 50 false crawls recorded. Mrs. Echeverria extended thanks to all the volunteers. Mr. Jerry Golden, a Villa :.Nova resident (a dog lover who walks the foot path) asked if dog owners can be made to clean up after their pets. Mr. Patrick Beary residing at the Seagate of Highlands Condominium, commended the Library and its volunteer workers for a great job they do for the public and community. Mr. Beary noted that he is submitting a simple prayer with a request that the Town Commission adopt and recite same at the opening of all its Regular and Workshop Meetings. Urban Design Studio presentation of preliminary plan for Bark behind Town Hall • Landscape Architect Jo Ellen Leisinger of Urban Design Studios gave a presentation of the preliminary master plan concept for the park behind Town Hall. Ms. Leisinger, noting that the center of the site should be the entrance, advised that she is treating the water tower as a key feature of the park which can be a land mark for the civic center and the park; and, the court complex includes tennis courts, a shuffleboard court with a bike path and board walk. The gazebo will be elevated to give a clear view of the Intracoastal Waterway and it will be placed as close to the Waterway without intruding on the mangroves. (Structures are required to be 25' away from mangroves). When Mayor Boulay questioned if (1) the 6' wide path conforms to the present bike path and (2) could it be widened, Ms. Leisinger responded that the path does conform to the present bike path and the area between the existing driveway is difficult to widen because of the slope of the driveway; however, it makes sense to widen it on the inside of the park for maintenance purposes--it can be widened but it would cost a little more to do so. During discussion of the bike path, Commissioner Waldman suggested that bikes not be allowed behind a certain point and recom- mended it be a walk path covered with mulch. The Town Manager, noting that this presentation shows a lot of lighting, commented that the Town does not want to attract anyone off the Intra- coastal Waterway; it was to be a "dawn to dusk" park. Ms. Leisinger advised that the cost would be cut down if some lights are eliminated; however, some security lights in the rest room areas are necessary. Town Commission Regular Meeting Minutes June 5, 1990 Page 3 of 8 Regarding the proposed ground cover, Ms. Leisinger advised that Bahia Grass would be used as it is the least expensive and it can be over- seeded with seed; it is an approach to have the park a little less manicured. Following discussion regarding possible need to correct drainage of the existing parking lots (any improvements would require proper engineering on the parking lots), will a general contractor be engaged, will the pump house be moved, etc., Ms. Leisinger stated that the price will be in the range of approximately $170,000 to $264,000 which includes the extras i.e. moving the pump house, having a general contractor working for the Town, etc. If the Town has in-house talent that would remove said pump house, etc., the price would then be lower. Regarding discussion of tennis courts, it was noted that most communi- ties opt for the ashphalt court with topping and paint as it requires low maintenance. The Mayor noted that the Commission did not want to exempt anyone in Town from giving their ideas as most residents wanted the park to be • constructed--now it is a question of what they want. The preliminary master plan will be on display in Town Hall where residents may review same and leave their written comments with regard to the proposed park behind Town Hall. It was the consensus of the Town Commission that this matter should be included on the June Workshop Meeting Agenda for further discussion. REPORTS - TOWN COMMISSION Vice Mayor Bill Paul No report. Commissioner Marvin A. Waldman Commissioner Waldman noted that he is disturbed with regard to all the talk relating to reverse osmosis (which the Commissioner feels is much too expensive a project) for the Town. Commissioner Betty Jean Stewart Absent - no report. Commissioner Harold C. Chambers Commissioner Chambers distributed a copy of "Proposed Policy for Govern- ment Access Channel 12" and requested that same be scheduled for discus- sion at the June Workshop Meeting of the Town Commission. Town Commission Regular Meeting Minutes June 5, 1990 • Page 4 of 8 Upon questioning by Commissioner Chambers, a discussion regarding the replaying on Wednesday, June 6, 1990 at 1:30 P.M. of the tape of this Regular Meeting took place at which time Mayor Boulay and Commissioner Waldman advised they had no objections while Vice Mayor Paul noted that it was his impression that only the live presentation would take place until such time as a policy for replaying said tapes was set by the Town Commission. Commissioner Chambers, concluding his report, stated that a news report indicated that the authorities are considering lifting water restric- tions; the Commissioner urged everyone to continue conserving water by keeping consumption down. Mayor Joseph A. Boulay Mayor Boulay reported that he, Town Manager Mariano, and Jere Smingler of the Condo Managers Association visited the Orlando Recycling Site at the invitation and expense of the Solid Waste Authority of Palm Beach County. The Mayor commented that Highland Beach will eventually have to participate in a recycling program; the Town will implement a program to educate the public as to how, why and when such program will be started. Mayor Boulay advised that the Town's contract regarding solid waste is due to expire in the fall--a new contract will require the contractor to handle recycling which recycling will result in lower tipping fees. The Mayor requested direction from the Town Commission regarding South Florida Water Management District's inquiry as to when the Town is going to take action on its long term water supply. It was noted that the Town is presently operating without benefit of a permit and S.F.W.M.D. can reduce our withdrawal allocation from the aquifer. Commissioner Waldman, suggesting the Town look into digging new wells, noted that the problem relating to the long term water supply was brought on by too many people in a small area. In the course of a lengthy discussion regarding digging new wells, purchasing water from Boca Raton, and reverse osmosis, Commissioner Waldman questioned the success of the reverse osmosis process. Mr. Clay Blanton, an Engineer with J. M. Montgomery (the Town's Engineers) assured the Town Commission that reverse osmosis plants have been proven to be very successful. It was noted that S.F.W.M.D. is reluctant to dig wells in the West as they have identified a salt water intrusion problem. The Town Manager commented that it is not a matter of drilling additional wells, it is a matter of allocation of a certain amount of water, and S.F.W.M.D. indicated they would not approve any increased allocation without a long term water plan in place; drilling wells on the proposed site is where the problem exists--we would have to go further West. Mr. Blanton added that, to reinstate the permit, S.F.W.M.D. requested a long range water plan. • Town Commission Regular Meeting Minutes June 5, 1990 Page 5 of 8 Mr. Jerry Golden, an engineer residing at the Town Commission relative to the reverse osmos reverse osmosis is a proven process which has thirty years; and, with regard to the initial such process, Mr. Golden stated "I am certain put in a reverse osmosis system". REPORTS - TOWN ATTORNEY Villa Magna, addressed the is process and stated that been in use for more than capital investment for we can absorb the cost to Town Attorney Sliney reported that with regard to the Comprehensive Plan, his office is working on a revised schedule for zoning. Relative to the Broadview matter, the Town Attorney advised that there has been no response to our proposed settlement offer which was extended to June 15, 1990. REPORTS - TOWN MANAGER Town Manager Mariano reported that Chief Cecere has been honored by being listed in the 1990 edition of Who's Who in Law Enforcement. The Town Manager noted that the average daily water usage was under • 900,000 gallons during May which is the lowest pumpage in the Town in ten years. Town Manager Mariano extended thanks to all residents and requested all continue being mindful with regard to the water issue. Town Manager Mariano further noted the State Legislature recessed after passing several bills, one of which exempts smaller cities and communities from growth management; perhaps it will help the Town with the next Comprehensive Plan. Attorney Robert Eisen submitted a request for an extension of the build- ing permit for a single family residence as per an approved agreement for "Camelot on the Atlantic - Town Lot 137 West/New Lot No. 1". Upon recommendation of the Town Manager, it was agreed that an addendum to the approved agreement be included to indicate that if permit fees increase, the property owner will pay the difference in the permit fees. A MOTION was made by COMMISSIONER WALDMAN/COMMISSIONER CHAMBERS to grant a one year extension of the building permit with the addition of the clause (relating to increased permit fees) discussed this date. The MOTION carried without objection. With regard to the discussion of the Town's long term water supply, the Town Manager read into the Minutes the following Motion made by the Water Resources Advisory Board: Town Commission Regular Meeting Minutes June 5, 1990 Page 6 of 8 "THAT THE TOWN OF HIGHLAND BEACH WILL PURSUE A LONG-RANGE POTABLE WATER SUPPLY PLAN WHICH SHALL INCLUDE THE USE OF THE FLORIDAN AQUIFER WITH TREATMENT BY REVERSE OSMOSIS TO SUPPLEMENT OR REPLACE THE EXISTING SURFICIAL WATER SUPPLY, AS THE NEED ARISES, PENDING CONSIDERATION OF PROPOSAL FOR POTABLE WATER SERVICE FROM THE CITY OF BOCA RATON." Engineer Clay Blanton of J. M. Montgomery, noted that a long range water plan and evidence of the Town Commission backing up such plan which could include reverse osmosis will leave option open if Boca Raton will sell us water. Mr. Blanton stated "I think it will be well received by the South Florida Water Management District". It was noted that Mr. Blanton, the Town Manager, and the Water Resources Advisory Board Members are attempting to arrange a meeting to include the Town Commission and a representative of S.F.W.M.D. to discuss the matter of the Town's long term water supply. REPORTS - BOARDS AND COMMITTEES Mayor Boulay informed the Town Commission that the Code Enforcement Board Meeting scheduled for June 20, 1990 was cancelled due to lack of • an agenda. The Mayor noted the existing vacancies on the various Town Boards. Following discussion of said vacancies, the following MOTIONS were proposed: COMMISSIONER WALDMAN/COMMISSIONER CHAMBERS MOVED to appoint Mr. Harold Hagelmann as a Regular Member of the Planning Board to serve out the unexpired term of Mrs. Helene Harris. The MOTION carried without objection. COMMISSIONER WALDMAN/COMMISSIONER CHAMBERS MOVED to appoint Mr. K. Gika as a Regular Member of the Planning Board to serve out the unexpired term of Mr. A. M. Fox. Same carried unanimously. PROPOSED RESOLUTIONS AND ORDINANCES 1. A RESOLUTION AMENDING RESOLUTION N0. 492 ESTABLISHING A SERVICE FEE FOR RETURNED CHECKS, DRAFTS OR OTHER ORDERS FOR PAYMENT OF MONEY TO THE TOWN OF HIGHLAND BEACH, FLORIDA, TO ENCOMPASS THE CURRENT LANGUAGE OF F.S.S. 166.251. The proposed resolution, read in its entirety by the Town Clerk, was adopted upon MOTION by VICE MAYOR PAUL/COMMISSIONER WALDMAN. The MOTION carried without objection. 2. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, URGING THE FLORIDA STATE LEGISLATURE TO NOT • ADOPT HOUSE BILL 2113 OR SENATE BILL 1648, WHICH WOULD Town Commission Regular Meeting Minutes June 5, 1990 Page 7 of 8 DRAMATICALLY INCREASE THE TORT LIABILITY OF GOVERNMENTAL ENTITIES UNDER FLORIDA'S SOVEREIGN IMMUNITY STATUTE, F.S. SECTION 768.28; PROVIDING AN EFFECTIVE DATE. The Town Clerk read the proposed resolution in its entirety. A MOTION was made by COMMISSIONER CHAMBERS/COMMISSIONER WALDMAN to adopt the resolution. Same carried unanimously. 3. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, EXPRESSING VEHEMENT OPPOSITION TO THE GOVERNOR'S PROPOSAL TO IMPOSE A SERVICE FEE ON THE LOCAL GOVERNMENT ONE-HALF CENT SALES TAX TRUST FUND; PROVIDING AN EFFECTIVE DATE. • Following the reading by the Town Clerk of the proposed resolution in its entirety, COMMISSIONER CHAMBERS/COMMISSIONER WALDMAN MOVED to adopt the resolution. The MOTION carried. REGULAR BUSINESS Items Left Over 1. Urban Design Studio presentation of preliminary plan for Bark behind Town Hall. This Agenda Item was discussed earlier in the meeting as it was moved to a position following "Public Comments and Requests". 2. Discussion re Signa~e recommended in the Bike Path Safety Committee Report dated 4/9/90. This matter was discussed by the Town Commission at a previous meeting. Following today's brief discussion, MOTION was made by VICE MAYOR PAUL/ COMMISSIONER WALDMAN approving the purchase of signs recommended in the Bike Path Safety Committee Report of 4/9/90 at a cost of $772.20. This MOTION carried without objection. 3. Discussion re frequency of Town Newsletter. Following a discussion regarding the frequency of the Town Newsletter, MOTION was made by COMMISSIONER CHAMBERS/VICE MAYOR PAUL to make the Newsletter a monthly publication and expanding it to appear similar in consistency with the Mayor's proposed Newsletter of a year ago. This MOTION carried unanimously. 4. Discussion re Jamison Roofing bid for Water Plant re-roofing. A bid, submitted by Jamison Roofing Co., to re-roof the water plant was discussed. MOTION by VICE MAYOR PAUL/COMMISSIONER CHAMBERS to approve the Jamison contract to re-roof the water plant at a price of $4,514.00 which includes a ten year warranty carried without objection. a ~'., . • Town Commission June 5, 1990 Page 8 of g CONSENT AGENDA Regular Meeting Minutes 1. Approval of Budget Transfers (as discussed at the Town Commission Workshop Meeting on 5/29/90). The Consent Agenda approving the Budget Transfers as discussed at the 5/29/90 Workshop Meeting of the Town Commission was accepted upon MOTION by VICE MAYOR PAUL/COMMISSIONER CHAMBERS. Same carried without objection. There being no further business to come before the Town Commission at this Regular Meeting, Mayor Boulay adjourned same at 9:40 P.M. _~ APPROVED: ,~ ~ -~-~-- 'Jose h A. Boula May r Bill Paul, Vice Mayor ~: • M n A. Waldman, Commissioner (Absent) Betty e ax ,, issioner ~s, commissioner AMK