1990.01.02_TC_Minutes_Regular~ ~ ;' t
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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:
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