1990.12.04_TC_Minutes_Regular'lam----..
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TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
REGULAR MEETING
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Tuesday, December 04, 1990 7:301 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. Others present were Vice Mayor Bill
Paul, Commissioners Marvin A. Waldman, Betty Jean Stewart and Harold C.
Chambers.
Also present were Town Attorney Thomas E. Sliney, Town Manager Mary Ann
Mariano, Town Clerk Anne M. Kowals, and members of the general public.
The Mayor noted this meeting is being televised live and will be re-
played on Friday of this week (December 07, 1990) at 1:30 P.M.
Following roll call, the Pledge of Allegiance was given.
ADOPTION OF AGENDA
The Agenda was adopted as submitted.
. APPROVAL OF MINUTES
Two sets of Minutes submitted for approval were accepted, as amended,
upon MOTION by COMMISSIONER STEWART/VICE MAYOR PAUL. Same carried with-
out objection.
PUBLIC COMMENTS AND REQUESTS
Mr. Dan Stump, residing at the Seagate Condominium, inquired if the re-
cent proposal for fire/rescue service (submitted by the City of Boca
Raton) is being reviewed by the Town Commission and questioned if there
would be some action on this contract which still requires that units be
retrofitted with sprinklers. Mr. Stump further questioned if that re-
quirement was a firm position of Boca Raton. The Mayor advised that the
proposed contract is subject to negotiation; the Town Manager looked
into all options and discussed the matter with Boca. Mayor Boulay noted
the Town Manager prepared a memo on December 03, 1990 (a copy of which
is attached to and made a part of these Minutes) that will answer most
of Mr. Stump's questions.
Mr. Dennie Freeman, President of the Seagate Condominium Association,
submitting a petition signed by the condominium directors (a copy of
which is attached to and made a part of these Minutes) to the Members of
the Town Commission, read same into the Minutes. Mr. Freeman noted that
the Town Manager was very agreeable to supply him with copies of all
proposed contracts (Delray Beach, Boca Raton and Palm Beach County). In
response to questioning by Mr. Freeman, the Town Manager advised that
Boca Raton and Delray Beach knew of the contract between the Town of
• Town Commission Regular Meeting Minutes
December 04, 1990
Page 2 of 9
Highland Beach and Palm Beach County; they also had historical data
regarding the calls the Town had in the last three years. It was noted
that no where in the Palm Beach County contract is the matter of
sprinklers addressed therefore neither Boca nor Delray could have taken
such information as a sample of what Palm Beach County provided and
required with regard to fire/rescue services for Highland Beach. At the
conclusion of substantial discussion, Mayor Boulay advised that the Town
Commission is aware of the sprinkler issue; the Boca proposal was
recently received and the Town will negotiate that matter. Mr. Freeman
commented that the Town has to move between now and February 01, 1991 if
it is to opt out of the Palm Beach County Fire/Rescue Service contract
on October 01, 1991; and, he advised that he would be happy to help the
Town in the negotiations in any way possible. Commissioner Chambers,
noting his concerns regarding this issue, stated he would like to post-
pone his comments to his report.
REPORTS - TOWN COMMISSION
Vice Mayor Bill Paul
No report.
• Commissioner Marvin A. Waldman
COMMISSIONER WALDMAN, noting the Milani matter was discussed at the
November 27, 1990 Workshop Meeting, stated that in order to facilitate
matters, he would MOVE "that the Town deny the request of adding another
unit on the West side of A-1-A on the Milani property".
During deliberation of the matter, the Town Attorney noted he had
reservations about litigating this issue because the density on the
properties has been reduced since the time of the agreement and he is
not sure what we are litigating; he is not convinced the Town would be
wise to litigate this matter.
Vice Mayor Paul noted he would have a hard time supporting the proposed
MOTION as the Milani matter was on the November 27, 1990 Workshop Agenda
at which time it was the consensus to defer same to the December Work-
shop Meeting; it would be unethical to take action without notifying the
proper parties that this matter would be visited at tonight's Regular
Meeting.
Mayor Boulay, stating the Town Commission did postpone this matter to
the December Workshop Meeting, advised he would agree with the Vice
Mayor that it would not be right for this Commission to do one thing
this week and proceed to do something else the next week.
In response to an inquiry, the Town Attorney advised that a MOTION would
be proper though it was stated that this matter would be held over to
the December Workshop Meeting; the Town Commission could still handle
the matter at this Regular Meeting.
Town Commission Regular Meeting Minutes
December 04, 1990
Page 3 of 9
COMMISSIONER CHAMBERS then noted that he would like to go ahead with
this matter; if a decision is available, they (Milani) should be made
aware of it. The Commissioner, suggesting the Members vote on the
MOTION, proceeded to SECOND same. In an effort to clarify the MOTION,
the Town Attorney stated the "request is to remove the restrictions as
would relate to properties on the East and West side; the restrictions
are for both the East and West side". COMMISSIONER WALDMAN then reiter-
ated "deny the request to remove the restrictions on the properties as
recorded at the courthouse, per their request". Town Attorney Sliney,
to clarify the MOTION, stated "the request to remove the restrictions is
to be denied in total". Commissioner Waldman agreed to the clarifica-
tion. COMMISSIONER CHAMBERS then said "assuming the original MOTION was
withdrawn and the new MOTION I just heard, as articulated by the Town
Attorney, I will SECOND it".
A roll call vote resulted as follows:
Commissioner Stewart "AYE" Commissioner Waldman "AYE"
Vice Mayor Paul "NO" Commissioner Chambers "AYE"
Mayor Boulay "NAY"
• The Mayor stated the MOTION carried with a 3 to 2 roll call vote; the
Milani Properties' request for change of zoning on the West side is
denied.
Commissioner Betty Jean Stewart
No report.
Commissioner Harold C. Chambers
Commissioner Chambers reported he revisited the fire/rescue issue; he
read into the Minutes a proposed Resolution (a copy of which is attached
to and made a part of these Minutes) establishing a Public Safety
Services Advisory Board for the purpose of pursuing alternatives to the
Palm Beach County Fire/Rescue Services.
COMMISSIONER CHAMBERS/COMMISSIONER WALDMAN MOVED to adopt this
Resolution.
During discussion of the proposed Resolution, Vice Mayor Paul, noting
the Town Commission is responsible for providing this (fire/rescue)
service, stated that to push the responsibility off on a body is to
delay; the Town could find out the necessary information by staff.
Commissioner Waldman noted he sees no harm in appointing such a Board.
Mayor Boulay, acknowledged the Town Manager's Memorandum of December 03,
• 1990 regarding fire/rescue service and noted the matter has been
actively pursued (in spite of problems involved in getting figures from
Boca Raton) so that negotiations could get started.
Town Manager Mariano noted her Memorandum of December 03, 1990 (a copy
of which is attached to and made a part of these Minutes), from which
Commissioner Chambers elected to read the last two sentences relating to
Town Commission Regular Meeting Minutes
December 04, 1990
Page 4 of 9
the Town Manager's recommendations, includes the Town Manager's findings
which indicate that the hard costs are not negotiable.
Commissioner Stewart, commented that the Commission has to give the
residents one last chance and noted there are 58 days (including the
Holidays) in which their efforts would have to be completed (01/28/91)
so that the Town Commission can evaluate their report by February 01,
1991, which is the date of notification to the County if the Town is to
opt out of the existing contract by October 1, 1991.
At this point in the Meeting, the Town Manager, noting two sentences
from her Memorandum of December 03, 1990 have been cited, read said
Memorandum in its entirety into the Minutes.
Mayor Boulay commented that one can see the Town Manager has done
considerable research on this matter and noted that retrofitting does
not take effect until May, 1993 therefore the Town has another year to
work on getting something to suit our residents.
When Commissioner Chambers requested a vote on his MOTION, Commissioner
Stewart stated that she would like to have the matter of liability
• insurance coverage for the Town included in the proposed Board's
research. The roll call vote resulted as follows:
Commissioner Waldman "AYE" Vice Mayor Paul "AYE"
Commissioner Chambers "AYE" Commissioner Stewart "AYE"
Mayor Boulay "NO"
Mayor Boulay noted he voted "NO" as he did not want to raise the resi-
dents' hopes. The Resolution carried 4 to 1. The Mayor stated it would
be proper at this time to appoint a committee.
COMMISSIONER CHAMBERS MOVED to appoint three Members to the Board:
Arthur Eypel, Dennie Freeman and myself. COMMISSIONER WALDMAN SECONDED
the MOVE.
It was noted that this is the first Board that will have an elected
official on a Board which is at odds with Boards that are giving
recommendations to the Town Commission. When Commissioner Stewart
questioned if the gentlemen would agree to serve on this Board, both Mr.
Freeman and Mr. Eypel acknowledged they would be please to serve the
Town regarding the very important issue.
A roll call vote resulted as follows:
Vice Mayor Paul "NO"
Commissioner Stewart "AYE"
Mayor Boulay "NO"
same reason stated during
Commissioner Chambers "AYE"
Commissioner Waldman "AYE"
for the
the original motion.
Town Commission Regular Meeting Minutes
December 04, 1990
Page 5 of 9
Mayor Joseph A. Boulay
Mayor Boulay reported the Boards Appreciation Luncheon, held at the
Holiday Inn on Thursday, November 29, 1990 was a success. The Mayor
thanked the Members of the Town Commission for helping him host the
Luncheon.
The Mayor noted he is receiving comments with regard to the "Red
Ribbons" that were placed on the Town Trees. When the Mayor stated he
would like to know how the people feel about these ribbons, the response
from the audience was "They look great!".
REPORTS - TOWN ATTORNEY
Town Attorney Sliney noted he reviewed the proposed ordinance submitted
by Commissioner Stewart with regard to amending the Town Charter
pertaining to bond issuance and fund allocations; and, he further noted
that same would not be ratified until it is ratified by the electorate.
The Town Attorney advised that he has a proposed change for the title
(which he will read under "Proposed Ordinances and Resolutions") and he
will review said proposed ordinance prior to its second reading in
January of 1991.
The Town Attorney reported that his associate, Ken Zeilberger, submitted
a letter to the Town Commission regarding the proposed Interim Services
Fee Ordinance recommending same not be adopted. Under discussion of
this matter, Commissioner Stewart questioned the Town Attorney as to
whether the Town might get some financial relief from such an ordinance
for police protection that is required for new development. Attorney
Sliney advised that he would have Attorney Zeilberger, who has first
hand information with regard to this matter, contact the Commissioner
personally to discuss this proposed ordinance further.
REPORTS - TOWN MANAGER
Town Manager Mariano reported that the Town Attorney, Police Officer
Mencik, and she met with the City of Boca Raton's Assistant City Manager
and other representatives including Boca's Attorney to check into the
feasibility of discontinuing the Boca Interlocal Agreement for Police
Communication Services in order to allow the Town of Highland Beach to
access communication services through the Palm Beach County Sheriffs'
Department. It was noted that the Town received a commitment from Boca
to allow the Town to opt out of said Interlocal Agreement in ninety (90)
days; the Town will transfer its equipment to Boca inasmuch as they have
first option to buy out.
Town Manager Mariano noted the two signs for the Intracoastal Waterway
were received and will be installed on Friday in the area of the piping
crossing the Waterway.
• Town Commission Regular Meeting Minutes
December 04, 1990
Page 6 of 9
The Town Manager, noting a discussion regarding mileage reimbursement
for Town travel was held at the November 27, 1990 Workshop Meeting,
advised the Finance Department evaluated last year's records which
indicate the proposed mileage increase would amount to approximately
$483.00 annually. Following brief deliberation, MOTION was made by
COMMISSIONER CHAMBERS/VICE MAYOR PAUL to approve the increase of the
mileage rate to $0.26 per mile. Same carried without objection.
REPORTS - BOARDS AND COMMITTEES
Mayor Boulay noted the existing
COMMISSIONER STEWART/VICE MAYOR
from the first Alternate positi~
Board of Adjustment for a three
Mayor Boulay noted an Alternate
Adjustment.
vacancies on the various Town Boards.
PAUL made a MOTION to move Robert Selby
~n to the Regular Member position on the
year period. Same carried unanimously.
vacancy now exists on the Board of
VICE MAYOR PAUL/MAYOR BOULAY MOVED to appoint Mr. Paul Kane to the
Alternate position on the Planning Board for a one year term. The MOVE
carried without objection.
Chairman Arlen Voress of the Water Resources Advisory Board informed the
Commission that said Board will hold a Regular Meeting on Monday,
December 10, 1990 at 11:00 A.M. to approve a report for submittal to
South Florida Water Management District.
PROPOSED RESOLUTIONS AND ORDINANCES
1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
SECTION 9-12.1 (b) (6) OF SECTION 9-12.1 ENTITLED "SATELLITE
TELEVISION ANTENNA SYSTEMS" OF THE CODE OF ORDINANCES OF THE
TOWN OF HIGHLAND BEACH PROVIDING FOR SCREENING FROM VIEW.
The ordinance, given first reading on 11/07/90 and published on
11/16/90, was read in its entirety by the Town Clerk. MOTION by
COMMISSIONER STEWART/COMMISSIONER CHAMBERS to adopt the ordinance
carried without objection.
2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING
FOR UTILITY RATES, FEES, AND/OR CHARGES, SPECIFICALLY AMENDING
HIGHLAND BEACH CODE SECTION 11-13 OF CHAPTER 11, RELATING TO
GARBAGE, TRASH AND RECYCLING CHARGES.
The ordinance was given first reading on 11/07/90 and was published on
11/16/90. The Town Clerk read same in its entirety. VICE MAYOR PAUL/
COMMISSIONER CHAMBERS MOVED to adopt the ordinance as read. Same
carried unanimously.
Town Commission Regular Meeting Minutes
December 04, 1990
Page 7 of 9
3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
SECTION 2-6 ENTITLED "RULES OF PROCEDURE" OF THE CODE OF
ORDINANCES OF THE TOWN OF HIGHLAND BEACH TO PROVIDE AN
ADDITIONAL RULE OF PROCEDURE REGARDING TELEVISING OF MEETINGS
OF THE HIGHLAND BEACH TOWN COMMISSION, PROVIDING FOR A
STATEMENT OF PURPOSE; AND, PROVIDING AN EFFECTIVE DATE.
The Town Clerk read the ordinance in its entirety. Same received first
reading on 11/07/90 and was published on 11/16/90. Following discussion
of same, a MOTION was made by COMMISSIONER CHAMBERS/COMMISSIONER WALDMAN
to adopt the ordinance. A roll call vote resulted as follows:
Commissioner Chambers "AYE" Commissioner Stewart "AYE"
Commissioner Waldman "AYE" Vice Mayor Paul "NO"
Mayor Boulay "NO"
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The Mayor, noting he is for televising the Town Commission Meetings as
well as replaying the video tapes, advised the Town has provided for
this matter by the adoption of a MOTION that has been on the books for
some time therefore there is no need to change the rules of procedure at
this time. The Mayor cited Rule No. 14 on page 2-7 of the Town Code of
Ordinances which requires 4/5 of the Members present to adopt any new'
rule of procedure and noted the MOTION to adopt the proposed ordinance
failed.
During discussion of this matter, the Vice Mayor noted he is not voting
against televising the meetings or the replaying and further noted that
said practice should continue. Commissioner Chambers advised he would
change the title of the proposed ordinance and resubmit same for
consideration.
4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
ESTABLISHING AND CREATING AN INTERIM SERVICES AND FACILITIES
FEE APPLICABLE TO STRUCTURES IN THE TOWN, NOT APPEARING ON THE
PALM BEACH COUNTY TAX ROLLS AS AN IMPROVEMENT TO REAL
PROPERTY; PROVIDING A METHOD OF COMPUTATION IN ARRIVING AT THE
FEE TO BE CHARGED CONSISTENT WITH THE ORDINANCE; PROVIDING
DEFINITIONS; PROVIDING FOR THE APPLICATION OF THE INTERIM
SERVICES AND FACILITIES FEE WITHIN THE TOWN OF HIGHLAND BEACH;
PROVIDING A PROCEDURE FOR COLLECTION OF THE SAID FEE;
PROVIDING FOR THE CREATION OF A LIEN UPON REAL PROPERTY FOR
THE FAILURE TO PAY THE INTERIM SERVICES AND FACILITIES FEE;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; AND, PROVIDING FOR AN EFFECTIVE
DATE.
•
The Town Attorney discussed the above ordinance under his report; there
was no further discussion of this Agenda Item.
Town Commission Regular Meeting Minutes
• December 04, 1990
Page 8 of 9
5. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROPOSING
AMENDMENTS TO SECTION 6.01 OF THE TOWN CHARTER ENTITLED
"PURPOSES; AMOUNT LIMITED; ELECTION; EXECUTION; TERM", OF
ARTICLE VI ENTITLED "BONDS" AND 2.01 OF THE TOWN CHARTER
ENTITLED "ENUMERATION OF POWERS" OF ARTICLE II ENTITLED
"MUNICIPAL POWERS" PERTAINING TO TIMING OF ELECTIONS FOR BOND
ISSUANCE AND PLACING LIMITS ON PROJECTS FUNDING IN EXCESS OF
$250,000.00; REQUIRING REFERENDUM AND PLACING LIMITS ON TIMING
OF ELECTION; PROVIDING FOR EFFECTIVE DATE OF PROPOSED
AMENDMENTS UPON SUCCESSFUL REFERENDUM; PROVIDING FOR CODIFICA-
TION OF AMENDMENTS.
The proposed ordinance received first reading by Town Attorney Sliney by
title only. Same will be on the December Workshop Meeting Agenda for
further discussion.
6. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
THE TOWN CODE, CHAPTER 29 ENTITLED "WATER SYSTEM", SECTION 29-
10 ENTITLED "CHARGE FOR WATER SERVICE".
The proposed ordinance was given first reading by title only by the Town
Clerk. Same will be an Agenda Item for further discussion at the •--.,~,,,~
. December Workshop Meeting of the Town Commission. ``
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REGULAR BUSINESS ~~
Items Left Over
1. Discussion re scheduling of Special Meeting of the
Town Commission
It was the consensus to hold a Special Meeting on Thursday, December 13,
1990 at 10:00 A.M. for the purpose of reviewing the anticipated proposal
to be submitted by J. M. Montgomery (the Town's Engineers) regarding the
installation of cluster wells to further monitor the salt water wedge.
There being no further business to come before the Town Commission at
this time, Mayor Boulay adjourned the Regular Meeting at 9.:00 P.M.
~....a
APPROVED: ,....°~~. ~l. ~~ •..
oseph A~ Boul~' Mayor '
~+---~+ ..y- ~-----
Bill Paul, Vice Mayor
•
Town Commission Regular Meeting Minutes
December 04, 1990
Page 9 of 9
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Marvin A. Waldman, Commissioner
Bett ~ n Stew~,art,,- Commissioner
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arold C. Chambers`; Commissioner