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2004.05.04_TC_Minutes_Regular:7 TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, May 4, 2004 1 ~30 P M Mayor Thomas J. Reid called the Regular Meeting to order in Commission Chambers at 1:30 P.M. Town Clerk Doris Trinley called the roll. The Mayor, Vice Mayor Joseph J. Asselta, and Commissioners Robert L. Lowe, Rachael Scala-Pistone and Miriam S. Zwick were present. Town Attorney Thomas E. Sliney and Town Manager Ben Saag were also present, as were members of the general public. After roll call, the Pledge of Allegiance was given. • 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Before addressing the agenda, Mayor Reid read into the record the resume submitted by Robert Spahr, Tranquility Drive who, if appointed by the Commission, had agreed to serve as the Town's representative on the Aviation Advisory Committee of the Boca Raton Airport Authority. Because he had a previous commitment, Mr. Spahr could not be present; however, a copy of his resume is attached hereto and made part of these Minutes. INTERVIEW: TALENT BANK APPLICANT LOUIS STERN Mr. Stern gave information on his background and answered questions to the Commission's satisfaction. Former Vice Mayor Michael Hill spoke highly of Mr. Stern, advising he had known him for several years, and recommending Mr. Stern for appointment to the Planning Board. PROCLAMATION: NATIONAL SAFE BOATING WEEK: MAY 22-28 Representatives of the Coast Guard Auxiliary were present to accept the Proclamation and expressed their thanks for the Commission's consideration. • Minutes of Town Commission Regular Meeting Mav 4, 2004 Page 2 of 7 . 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA (continued) PROCLAMATION: CIVILITY -MAY 2004 Per request of the City, County and Local Government Law Section of The Florida Bar Association, this Proclamation is done yearly. Copies of both Proclamations are attached to and made part of these Minutes. 2. PUBLIC COMMENTS AND REQUESTS Beaches Advisory Board Chair Lucy Miller, Ambassadors East, clarified that Boards previously submitted recommendations to the Commission. Steve Golding, Highland Beach Drive, complained that Ocean Cove developer Jeff Norman was not acting quickly enough regarding an agreement to remove certain Intracoastal pilings. Town Attorney Sliney advised he would contact Mr. Norman's attorney, Jeffrey Levine, in this regard. Turtle Coordinator Jose Echeverria, Russell Drive, gave an update on the season, which began May 1. • Joe Garcia, Monterrey House, advised he was a bicyclist and said while he appreciated the installation of the bike lanes in Town, asked that watering restrictions be enforced, so cyclists would not have to leave the lane to protect themselves and their vehicles. Beverly Knight, 4023 S. Ocean Blvd., asked for an update on the two (2) vacant dwellings adjacent to her property (Cayce and Salas), which are in disrepair and have become an attraction for vagrants and others. Mrs. Knight was advised that both parties have been cited by Code Enforcement. 3. PRESENTATIONS NONE. 4. BOARDS AND COMMITTEES A) BOARD CORRESPONDENCE: NONE. B) BOARD VACANCIES: (1) on Planning Board; two (2) on Code Enforcement Board. After some discussion, Louis Stern was appointed to the Planning Board for s three year term upon MOTION by COMMISSIONER SCALA-PISTONE/COMMISSIONER ZWICK, • followed by unanimous roll call vote. Minutes of Town Commission Regular Meeting Mav 4, 2004 Page 3 of 7 4. BOARDS AND COMMITTEES (continued) Following agreement by consensus that the exception would apply only in this instance, Jack Halpern was appointed to a three-year term on the Code Enforcement Board, while also serving on the Board of Adjustment, upon MOTION by VICE MAYOR ASSELTA/COMMISSIONER SCALA-PISTONE. C) BOARD ACTION REPORT: Mayor Reid read the BAR into the record. D) MONTHLY BOARD MEETINGS: Also read into the record by the Mayor. Planning Board Regular - 5/12/04 - 9:30 A.M. Board of Adjustment -None Scheduled. Code Enforcement Board -Quarterly -None Scheduled. Financial Advisory Board - to be announced. Public Safety Advisory - 5/10/04 - 9:00 A.M. Beaches Advisory - 5/11/04 - 9:30 A.M. 5. PROPOSED ORDINANCES AND RESOLUTIONS • (1) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, TO AMEND A SANITARY SEWAGE AGREEMENT WITH THE CITY OF DELRAY BEACH, FLORIDA, ORIGINALLY ENTERED INTO ON OCTOBER 5, 1999 (RESOLUTION 747). Upon MOTION by COMMISSIONER LOWE/COMMISSIONER SCALA-PISTONE, this Resolution was approved by unanimous roll call vote. (2) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, IN SUPPORT OF "KEEP PALM BEACH COUNTY BEAUTIFUL" GRANT FOR MATCHING FUNDS FOR LANDSCAPE ISLANDS. Upon MOTION by COMMISSIONER SCALA-PISTONE/VICE MAYOR ASSELTA, this Resolution was unanimously approved by roll call vote. (3) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REQUESTING A PORTION OF THE COUNTY EMERGENCY MEDICAL SERVICE GRANT AWARD PROGRAM FUNDS. This Resolution was unanimously approved by roll call vote following MOTION by COMMISSIONER LOWE/COMMISSIONER ZWICK. • Minutes of Town Commission Regular Meeting • May 4. 2004 Page 4 of 7 6. NEW BUSINESS NONE. 7. MISCELLANEOUS -ITEMS LEFT OVER (1) DISCUSSION RE LETTER TO VACANT PROPERTY OWNERS (OPEN SPACE AND RECREATION) Lengthy discussion took place with Commissioner Zwick suggesting that this issue be placed before the voters at the November election to determine if indeed they are willing to purchase and maintain such land, with the concept of "recreation" being omitted. In conclusion, MOTION by COMMISSIONERZWICK/COMMISSIONER LOWE was made as follows: THAT THE TOWN ATTORNEY PREPARE A DRAFT ORDINANCE TO BE PLACED ON THE NOVEMBER BALLOT AS A REFERENDUM ITEM REGARDING THE PURCHASE OF OPEN SPACE FOR A TOTAL OF NOT MORE THAN $10 MILLION DOLLARS. • (2) DISCUSSION RE RECOMMENDATIONS QF BUILDING AD HOC COMMITTEE. (deferred until joint Workshop with Committee; date to be announced. After some discussion, it was determined that May 25 at 10:00 A.M. was convenient for the Commission to have this joint Workshop; committee members will be polled as to their availability. (3) DISCUSSION OF RECOMMENDATIONS OF BEACHES ADVISORY COMMITTEE. These were discussed individually, with the following results: Placement of "Entering Highland Beach" signs at north and south beach entrances. (Commissioner Scala-Pistone/ Commissioner Zwick; all aye] 2. Town ordinance requiring identification on beach raking equipment (Name & Phone) and Town registration [Commissioner Scala-Pistone/Commissioner Lowe - Commissioner Zwick; Commissioner Scala-Pistone; Vice Mayor Asselta: all aye. Commissioner Lowe; • Mayor Reid: both no.] Majority aye vote. Minutes of Town Commission Regular Meeting • Mav 4. 2004 Page 5 of 7 7. MISCELLANEOUS -ITEMS LEFT OVER (continued] 3. Town request to State for State Statute signs to be placed on each turtle nest. [Commissioner Scala-Pistone/Vice Mayor Asselta; all aye] 4. Expand name to "Beaches And Shores Advisory Board," also expand scope of responsibilities to include Intracoastal and protection of vegetation, manatees and mangroves. [Vice Mayor Asselta/Commissioner Scala-Pistone -Commissioner Zwick; Commissioner Scala-Pistone; Vice Mayor Asselta: all aye. Commissioner Lowe; Mayor Reid: both no.] Majority favorable vote. (4) DISCUSSION RE TOWN'S REPRESENTATION.ON AVIATION ADVISORY COMMITTEE. Upon MOTION by COMMISSIONER ZWICK/VICE MAYOR ASSELTA, followed by unanimous favorable roll call vote, Robert Spahr was appointed the Town's • representative on the Aviation Advisory Committee of the Boca Raton Airport Authority. (5) MINUTES FOR APPROVAL: Upon MOTION by COMMISSIONER LOWENICE MAYOR ASSELTA, the following sets of Minutes were unanimously approved: MARCH 30, 2004 -WORKSHOP MARCH 30, 2004 -SPECIAL MEETING (ANNUAL FINANCIAL REPORT) MARCH 31, 2004 - PUBLIC HEARING/SPECIAL MEETING (HOFFMAN/AMCO) APRIL 5, 2004 -SPECIAL MEETING/ATTORNEY-CLIENT PRIVATE MEETING APRIL 6, 2004 -REGULAR MEETING 8. REPORTS -TOWN COMMISSION Commissioner Miriam S. Zwick had no report. Commissioner Rachael Scala-Pistone had no report, but did express her disappointment that the Ocean Cove dock dispute was not yet solved. • Commissioner Robert L. Lowe had no report. Minutes of Town Commission Regular Meeting • Mav 4, 2004 Paae 6 of 7 8. REPORTS -TOWN COMMISSION Vice Mayor Joseph J. Asselta suggested the Town might consider taking over maintaining the cleanliness of the beaches. Mayor Thomas J. Reid commented on the Vice Mayor's suggestion, but expressed concern that it would not be equitable for the residents on the west side of A1A. 9. REPORTS -TOWN ATTORNEY Town Attorney Thomas E. Sliney reiterated that he would contact Ocean Cove developer Jeff Norman's attorney, Jeffrey Levine, to determine the status of the piling issue; he did mention that the delay could be in the processing of all applicable permitting. Attorney Sliney also advised that the Azure property issue was still in the courts. 10. REPORTS -TOWN MANAGER Town Manager Ben Saag asked for direction regarding the double-striping of the • Town's portion of A1A, noting double-striping of the area in front of the Bel Lido Island entrance/exit had been requested by the Bel Lido Homeowners Association. The Commission had no reply at this time. Mr. Saag also noted a meeting he and Jack Halpern of Ambassador East and Beaches Advisory Chair Lucy Miller had with Bob DeChristopher of Boca Raton Public Works Department regarding ocean drilling off the southern portion of the Town's beach. Mr. DeChristopher had reported that the project had to do with the October 2005 renourishment of Boca's northern section of beach; he advised there would be no impact on the Town's beach and said engineering reports in this regard would be forthcoming. 11. CONSENT AGENDA Upon MOTION by COMMISSIONER ZWICK/COMMISSIONER SCALA-PISTONE, the following Consent Agenda item was unanimously approved: NON-BUDGETED EXPENDITURE OF FUNDS FOR REPAIR OF TOWN HALL ROOF. 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING • Beaches and Shores Advisory Chair Lucy Miller thanked the Commission for extending the scope of the Board's responsibilities; she also said she would be happy to give full report of the Board's activity to the Commission on a monthly basis. Minutes of Town Commission Regular Meeting • May 4, 2004 Page 7 of 7 12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT MEETING Beverly Knight, 4023 S. Ocean, voiced opposition to the purchase of vacant land, saying such action would be an invitation to vagrants and others who do not live in Town, as well as have an adverse effect on property values. Harold Hagelmann, Dalton Place, suggested that if the Town were to do its own beach cleaning, it would be fair to pick up the garbage collection bill for the residents on the west side. Joe Yucht, Dalton Place, questioned if the Beaches and Shores Advisory Board had the authority to make recommendations to the Commission. Mr. Yucht also mentioned his request to the Town Attorney that Section 30.10 (Settlement Agreement} be further clarified. Regarding the appointment to the Aviation Advisory Committee, Mr. Yucht said he would have liked to have that position. 13. ADJOURNMENT There being no further business to come before the Commission at this time, Mayor Reid • adjourned the Regular Meeting upon by VICE MAYOR ASSELTA/COMMISSIONER ZWICK at 3:55 P.M. dmt APPROVED: ~ ~~ ~ , _.. ,~~~.-e_. Thomas J. Reid, Mayor eph J C ~}~S~ uT Robert L. Lowe, Commissioner ~!9//~ 1 Vice Ma / r Rachael Scala-Pistone, Commissioner %~K~ Miriam S. ick, mmissioner Attest: h ,, • ` R-2.~ /~"~ -~ Date: ~~t- / Z i~ ~~ `~