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1996.10.02_TC_Minutes_Regular • TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Wednesday, October 02, 1996 1:30 P.M. Vice Mayor John F. Rand called the Regular Meeting to order in Commission Chambers at 1:30 P.M. Town Clerk Doris Trinley called the roll. The Vice Mayor and Commissioners Arthur Eypel, David Augenstein and Thomas J. Reid were present. Mayor Arlin G. Voress was absent. Town Attorney Thomas E. Sliney was also present, as were members of the general public. Town Manager Mary Ann Mariano was absent. After roll call, the Pledge of Allegiance was given. ADOPTION OF AGENDA Amended to include first reading of a proposed "boat basin" ordinance, the Agenda was unanimously accepted upon MOTION by COMMISSIONER REID/COMMISSIONER AUGENSTEIN. • APPROVAL OF MINUTES The following sets of Minutes were unanimously approved upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER REID: August 27, 1996 - Workshop Meeting September 04, 1996 - Regular Meeting September 06, 1996 - Special Meeting (4:00 P.M.) September 06, 1996 - Public Hearing (5:01 P.M.) September 17, 1996 - Public Hearing/Special Meeting (5:01 P.M.) PUBLIC COMMENTS AND REQUESTS Bill Paul (1126 Russell Drive), noting the Boards Appreciation Luncheon had been set for December 6, 1996, expressed disapproval of the practice of providing an "open bar" at this function and questioned if the Town had considered its liability in this regard. Brief discussion concluded with the assurance that the Town's insurer would be contacted to determine liability coverage. Leonard Bell (2727 South Ocean Boulevard), speaking as President of the Library Foundation, gave a brief update on its progress and presented copies of a recently printed form soliciting volunteers. • In the course of their remarks, both Mr. Paul and Mr. Bell congratulated all concerned on the success of the town-wide • Town Commission Regular Meeting - Minutes October 2, 1996 Page 2 of 4 barbecue held Friday, September 27, 1996, in St. Lucy's Parish Hall. REPORTS - TOWN CO1~IIrlISSION All Town Commission reports were unanimous in extending compliments and appreciation to everyone who had contributed to the enormous success of the aforementioned town-wide barbecue (approximately 500 in attendance), which was followed by the successful and well- attended dedication of the new fire house. Also under his report, Vice Mayor Rand noted that some landscapers are dumping their cuttings on empty Town lots; he asked that should a resident see this action taking place, it be reported to the Police Department immediately. The Vice Mayor stressed that residents should not try to deal with such a situation themselves; the Police Department will handle violators. REPORTS - TOWN ATTORNEY Town Attorney Thomas E. Sliney noted first reading of the proposed "boat basin" ordinance would take place at this meeting, and • advised that required public hearings would be scheduled with every consideration being given to various Members' upcoming travel plans. REPORTS - BOARDS AND COI~SITTEES The Board Action Report for September was accepted as information. Vice Mayor Rand noted a vacancy on the Code Enforcement Board and, upon nomination by Commissioner David Augenstein/Commissioner Reid, Herbert Lewin was unanimously appointed as a Regular Member for a 3-year term. The Vice Mayor read into the record scheduled Board Meetings for the month of October. PROPOSED ORDINANCES AND RESOLUTIONS Before first reading of the proposed "boat basin" ordinance, several questions were raised by the Commission, including: .would it be required that an existing dwelling, with the the owner in residence, be located on an eligible lot? .has a maximum allowable size been considered? • .is there a requirement for .the direction in which the basin would be installed? • Town Commission Minutes - Regular Meeting October 02, 1996 Page 3 of 4 .does it preclude 2 or more contiguous lots being joined to equal a one acre lot? will there be a limit on the number of boats allowed in one boat basin...one large boat or two smaller boats? does it prohibit rental by the owner? Attorney Sliney answered questions to the Commission's satisfaction, noting that this ordinance was being proposed in an effort to avoid hazards to navigation, flushing problems (debris, oils, etc.) and possible impeding of adjoining property. owners' views. He also advised that a boat basin would be considered an "accessory item" according to Town Code, which would prohibit an owner renting it out. Further, regarding the existing availability of lots one acre or more in size, Mr. Sliney noted there were still' some large parcels undeveloped; for example, the Drexel and Steinhardt properties. Regarding the joining of two (2) or more lots, Mr. Sliney noted that the Town had dealt with properties joined by "Unity of Title" in the past. Concluding his remarks, Attorney Sliney advised that because the proposed ordinance is being considered as an amendment to Chapter 30 (Zoning), two (2) public hearings were legally required, thus the Commission would have ample opportunity to continue discussion of their concerns. The Town Clerk was then directed to give first reading to the proposed ordinance, which was done as follows: AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE TOWN CODE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, CHAPTER 30, ENTITLED "ZONING," TO PROVIDE THAT SECTION 5.2 ENTITLED "ACCESSORY USES AND STRUCTURES" BE AMENDED BY THE ADDITION OF SECTION 5.2 (e) ENTITLED "BOAT BASINS PROHIBITED." REGULAR BUSINESS Items Left Over None. Consent Agenda Upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER REID, the following Resolution was adopted by unanimous roll call vote: • Town of Highland Beach Minutes - Regular Meeting October 2, 1996 Page 4 of 4 A RESOLUTION ENTERING INTO AN AGREEMENT FOR UTILITY MAINTENANCE AND CONSTRUCTION BETWEEN THE TOWN OF HIGHLAND BEACH, FLORIDA, AND HARVEL UTILITY CONSTRUCTION, INC. ADJOURNMENT There being no further business to come before the Town Commission at this time, Vice Mayor Rand adjourned the Regular Meeting at 1:50 P.M. upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER EYPEL. dmt NOTE TO THE RECORD: PURSUANT TO CONCERNS EXPRESSED BY BILL PAUL REGARDING THE TOWN PROVIDING AN "OPEN BAR" AT THE ANNUAL BOARDS APPRECIATION LUNCHEON (HELD FROM NOON TO 2 P.M.), IMMEDIATELY FOLLOWING THIS MEETING ATTORNEY SLINEY CONTACTED THE TOWN'S INSURER (BURKE, BOGART & BROWNELL) AND TALKED WITH THEIR REPRESENTATIVE (ANNETTE JACKSON) WHO ADVISED THAT THE TOWN HAD APPROPRIATE INSURANCE IN PLACE TO COVER THIS FUNCTION AT THE LUNCHEON. dmt • APPROVE: Gm Thomas J. Reid, Commissioner ~j~ ATTEST : 6-'1 t-2- / ~`~ = ti~~.-C'~-c DATE : ~ ~ (v j ~~ ~ / s -Absent- Arlin G. Voress, Mayor