1990.01.02_TC_Minutes_Regular~ ~ ;' t ~J TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, January 2, 1990 1:30 P.M. The Regular Meeting of the Town Commission of the Town of Highland Beach, Florida, was called to order at 1:30 P.M. in the Commission Chambers at Town Hall by Mayor Joseph A. Boulay. Others present were Vice Mayor John J. Basso, Commissioners Doris R. Rome and Betty Jean Stewart. Commissioner Marvin A. Waldman was absent. Also present were Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Deputy Town Clerk Anne M. Kowals and members of the general public. Following roll call, the Pledge of Allegiance was given. Adoption of Agenda A MOTION by COMMISSIONER ROME/VICE MAYOR BASSO to accept the Agenda as submitted carried unanimously. Approval of Minutes . The following Minutes were submitted for approval: November 28, 1989 - Workshop Meeting December 05, 1989 - Regular Meeting December 12, 1989 - Special Meeting MOTION was made by VICE MAYOR BASSO/COMMISSIONER ROME to approve the Minutes as amended. The MOTION carried without objection. Public Comments and Requests Mrs. Evelyn Houck of 1023 Russell Drive addressed the Town Commission and questioned what happened to "liberty for all" particularly in regard to property owners being allowed to properly trim their trees. Mrs. Houck noted that people are important in this Town .and all should pay attention to living peacefully with neighbors. Dr. Pearson of the Seagate Condominium commented with regard to the problems of reckless boating on the Intracoastal Waterway and noted that a public hearing is to be held on January 4, 1990 in West Palm relative to lowering the speed limit in order to protect the manatees in this area. With the sightings of manatees in the area between St. Lucy's Property and the C-15 Canal, Dr. Pearson stated a "manatee protection zone" should be created in that area and he requested the Town Commis- sion support this urgent need with a unanimous resolution. The Mayor noted that he intends to appear at the January 4, 1990 public hearing as a private citizen, concerned boater and pleasure boater but, with w Town Commission Regular Meeting Minutes January 2, 1990 Page 2 of 6 approval from this Town Commission, he would like to speak on behalf of the Town of Highland Beach. Mayor Boulay noted that there is a Town Resolution on the books with regard to a 35 mile per hour speed limit as well as an ordinance for the protection of the manatee. COMMISSIONER ROME, noting the urgency of this matter, made the MOTION that Mayor Boulay and Dr. Pearson should be empowered to represent the Town of Highland Beach at public hearings with regard to lower speed limits on the Intracoastal Waterway because of the danger to the manatee. VICE MAYOR BASSO SECONDED the MOTION. Commissioner Stewart noted that all material pertaining to the manatees on the Intracoastal Waterway should be submitted at the public hearing on January 4, 1990 in West Palm. The MOTION carried without objection. Mr. Patrick Beary a resident in Building A at the Seagate Condominium noted that the letter of 3/13/89 from the Highland Beach Police to the Seagate of Highland Beach Condominium Association should also be submit- ted at the above mentioned public hearing in West Palm. Mr. Jose Echeverria of Russell Drive commended the Town Commission for their efforts throughout the year. Mr. Echeverria noted that with re- gard to the Intracoastal Waterway, the Boca Cove area is going through another marine survey; they have problems with wave action and it was suggested that seawalls be checked annually for damage. It was noted that the beach clean-up committee is in need of volunteers. Mr. Michael Dent of the Casuarina Condominium noted it was a pleasant surprise to see so many people with so many questions present at this meeting. Mr. Dent commented that the Town Commission's consideration of Rhoda Fieber's application for appointment to the C.A.B. would be a vio- lation of the Sunshine Law inasmuch as Ms. Fieber is the sister of Com- missioner Rome, further noting that Commissioner Rome's husband already serves on a Town appointed Board. He also commented on the fact that Mr. & Mrs. Leng serve on appointed Boards. The Town Attorney noted that members of different Boards discussing matters did not constitute a vio- lation of the Sunshine Law. Mr. Dent questioned the method (which he thinks is unethical) used for electing people to the Town Boards and suggested the Town Commission take corrective action in this regard. Talent Bank Applicant Jonathan Kross, stated he has no relatives in Town and he requested his name be put forward for any Town Board that is available. REPORTS - TOWN COMMISSION Joseph A. Boulay Mayor Boulay noted that his report coincided with Dr. Pearson's comments made earlier in this meeting at which time the Town Commission autho- rized the Mayor to represent the Town at public hearings/meetings Town Commission Regular Meeting Minutes • January 2, 1990 Page 3 of 6 regarding speed and related problems on the Intracoastal Waterway. The Mayor commended Dr. Pearson for his efforts pertaining to this urgent matter. The Mayor reiterated the importance of documenting all manatee sightings in the Intracoastal Waterway. The Mayor reported that the long term water study being done by James M. Montgomery Engineers (the Town's Engineers) is nearing completion. Vice Mayor John J. Basso Vice Mayor Basso commended Police Chief Cecere for his performance throughout the year and noted that the Chief cares about the Town residents. Commissioner Doris R. Rome Commissioner Rome reported that a big iron tank is resting on the beach at the Ambassadors East Condominium and questioned how the Town will get rid of said tank which creates a hazard. Mayor Boulay advised that the tank is actually a pontoon from an off-shore dredge; it is working its way down the beach and will not be easily moved. Following the sug- • gestion made by a resident in the audience, Mr. Victor Hadeed residing at 3201 South Ocean Boulevard, that the Town request the use of a crane from the developer who is presently working in Highland Beach, the Town Manager was directed to discuss this possibility with the proper party. Commissioner Rome also reported that she received a few complaints re- garding water usage and noted all persons should cooperate with the South Florida Water Management District restrictions. Commissioner Marvin A. Waldman Absent - no report. Commissioner Betty Jean Stewart Commissioner Stewart noted that the matter of the Saturday trash pick up (as discussed at the December 26, 1989 Workshop Meeting) has not been remedied and this matter needs to be seriously addressed. The Commis- sioner asked that the staff look to see that this matter is being reported by the Police. REPORTS - TOWN ATTORNEY Attorney Sliney reported the Drexel Zoning case is scheduled for a mediation hearing before Judge Hewitt on January 17, 1990. With regard to the recent Drexel litigation, the Insurance Company Counsel has filed a motion to dismiss that matter. Relative to the Broadview matter, the Town Commission Regular Meeting Minutes January 2, 1990 Page 4 of 6 calendar call is on January 12, 1990 at 9:30 A.M. before Judge Zloch. To date, we have received no response to the letter sent by Attorney Rosenbaum to Attorney Dotterrer on behalf of the Town to settle this matter. REPORTS - TOWN MANAGER Town Manager Mariano reported that the Town Election in which a Vice Mayor and one Town Commissioner will be elected will be held on Tuesday, March 13, 1990. Qualifying of candidates will begin at noon on Tuesday, January 30, 1990 and end at noon on Tuesday, February 13, 1990. The qualifying packets will be available January 15, 1990. The Town Manager noted that this year the State Legislature enacted an Election Assess- ment, the fee of which goes to the State to enforce the ethics law. If one wants to qualify and run, the fee will be $30.00. REPORTS - BOARDS AND COMMITTEES Mayor Boulay noted the various vacancies on the Town Boards. It was noted that Ted Boepple expressed a desire to serve on the Code Enforce- ment Board. MOTION by COMMISSIONER STEWART/VICE MAYOR BASSO to nominate Ted Boepple to the Code Enforcement Board for a three year term carried • without objection. COMMISSIONER STEWART/VICE MAYOR BASSO MOVED to appoint Arlen Voress as an Alternate Member of the Board of Adjustment for a one year term. The MOVE carried unanimously. COMMISSIONER STEWART/VICE MAYOR BASSO MOVED to nominate Rhoda Fieber as an Alternate Member of the Community Appearance Board for a one year term. Mayor Boulay noted that while he had no objection to Ms. Fieber, he would be against her nomination. When the roll call vote was taken, Commissioner Rome abstained from voting inasmuch as the Talent Bank Ap- plicant is her sister. The roll call vote resulted in two "AYE" votes therefore the MOVE did not carry. A MOTION was made by COMMISSIONER ROME/VICE MAYOR BASSO to nominate Doris Perrone as an Alternate Member of the Community Appearance Board for a one year term. During discussion of this nomination, several residents made comments and it was noted that Ms. Perrone had not at- tended any C.A.B. Meetings nor was she interviewed by the Town Commis- sion at a previous Workshop Meeting. The MOTION carried with three "AYE" votes; Mayor Boulay voted "NAY". Proposed Resolutions and Ordinances None Town Commission Regular Meeting Minutes January 2, 1990 Page 5 of 6 REGULAR BUSINESS Items Left Over None CONSENT AGENDA Approval of exemption requested by Erank Sawyer of 2545 South Ocean Boulevard from Ordinance No. 577 with the Town reserving all rights to require compliance to said Ordinance in the future. Approval of increase in Board Honorariums from $20. per meeting to $25. per meeting. The MOTION by COMMISSIONER STEWART/COMMISSIONER ROME adopting the Consent Agenda as submitted carried without objection. Mr. Jerry Marshall, president of the Bel Lido Homeowners Association, residing at 1088 Bel Lido Drive, noting he would like to comment about what Mr. Dent had to say, stated that Mr. Dent has been a great asset to the Town and Betty Jean Stewart has always come to the assistance of • anyone when she was mayor; however, the perception of the people in Town is that this Commission is packing all the Committees. Continuing, Mr. Marshall said he thinks the Commission should back off from some of these nominations and allow all to be justly assessed by the Boards that are in control. Upon MOTION by COMMISSIONER STEWART/VICE MAYOR BASSO, Mayor Boulay adjourned the Regular Meeting of the Town Commission of the Town of Highland Beach at 2:45 P.M. APPROVED: oseph)A.' Bou~ay . ~3'~~"o;'Vice Mayor ~, Town Commission Regular Meeting Minutes January 2, 1990 Page 6 of 6 :° Doris R. Ro e, ommissioner Absent Marvin A. Waldman, Commissioner mil/ ~>r~~'LLA Bet v Jean Stewart, Commissioner ATTES Date: amk • v