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1990.02.06_TC_Minutes_Regular~~v TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING n U Tuesday, February 06, 1990 1:30 P.M. Mayor Joseph A. Boulay called the Regular Meeting of the Town Commis- sion, Town of Highland Beach, Florida, to order in the Commission Chambers at Town Hall at 1:30 P.M. Others present were Vice Mayor John J. Basso, Commissioners Doris R. Rome, Marvin A. Waldman and Betty Jean Stewart. 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 At the request of Commissioner Stewart, the Agenda was amended to include the review of the Town Manager under Regular Business, Items Left Over. MOTION by COMMISSIONER ROME/COMMISSIONER WALDMAN to accept the Agenda as amended carried without objection. Approval of Minutes The following Minutes were submitted for approval: December 26, 1989 - Workshop Meeting January 02, 1990 - Regular Meeting COMMISSIONER STEWART/COMMISSIONER WALDMAN made a MOTION to approve the Minutes as amended. The MOTION carried unanimously. Public Comments and Requests Dr. Pearson, a resident at Seagate of Highland, reported that Mayor Boulay, Mr. Patrick Beary and he attended the 1/4/90 County Commission Manatee Protection Committee Meeting where they presented their case for a Manatee Protection Zone from the C-15 Canal to the Coronado (a distance of 1/2 mile). Dr. Pearson noted there is documentation in the form of a video tape and photos to confirm the presence of manatees in this area. It was further noted by Dr. Pearson that there is no safe zone for the manatee between the Linton Boulevard Bridge in Delray Beach South to Spanish River Boulevard in Boca Raton where there is no boating speed limit. Following substantial discussion of this matter, it was suggested that a letter from the Town Commission supporting the efforts of the Manatee Protection Committee Members should be addressed to the County Commission requesting that some action be taken on behalf of the l.,. • Town Commission Regular Meeting Minutes February 6, 1990 Page 2 of 7 citizens of Highland Beach with regard to the problems on the Intra- coastal Waterway which endanger the safety and well being of the public as well as the manatee. Mr. Patrick Beary, a Seagate of Highland resident, noted that he has worked with Dr. Pearson and Mayor Boulay with regard to the manatee problem; and, the only way to regulate the boats is to require that they be registered and the operator be licensed (as are operators of motor vehicles). Mr. Beary suggested the Town Commission adopt and forward a Resolution to Governor Martinez with regard to this matter which is of great concern to the residents of Highland Beach. Mr. John Rand of 4211 Intracoastal Drive stated that he is here to repeat his desire to serve the Town on a Board; and, he would like to serve on the Code Enforcement Board where a vacancy exists. Mr. Joe Murania, a Braemer Isle resident, made the following statement: "We feel we have an outstanding Town and a good bit is due to the Town Commission and the Town Manager. We thank you for your past efforts and encourage you to continue the fight regarding the parking lot at the entrance to the North Gate. We at Braemer Isle support John Basso and • Doris Rome." Mrs. Terry Hirsh of Ambassadors East, noted that many residents are required to walk where bikes are used and, therefore, suggested that the Town adopt an ordinance to require bikes be equipped with bells. A note encouraging bells will be included in the next Newsletter. Mr. Hal Chambers of 2524 South Ocean Boulevard stated that he will be running against Commissioner Rome in the March 13, 1990 election and questioned if he would be permitted to post campaign signs if they are removed immediately after the election. Attorney Sliney will research this matter. Mr. Michael Dent, a resident at the Casuarina, briefly touched on the matter of the proposed park behind Town Hall and noted that he feels the bike path, which is used by many people--especially the older residents, needs to be redone completely. Mr. Allan Schweizer of Braemer Isles, referring to the County Park pro- posed at the South end of Town (formerly the Milani parcel), requested that the residents in that area be permitted to have in-put in the matter when the plans are developed. Mayor Boulay noted that when the County Commission appoints a review board, the South end residents would be considered. • REPORTS - TOWN COMMISSION Joseph A. Boul~ Mayor Boulay reported that he attended a very productive meeting as the Palm Beach Municipal League Representative of the Palm Beach County ~. r Town Commission Regular Meeting Minutes • February 6, 1990 Page 3 of 7 Water Management Advisory Board on January 31, 1990. The Mayor noted that the Master Water Supply Plan for Palm Beach County (which is developing a program for the most cost effective, efficient and beneficial use of Palm Beach County Water Resources and the preparation of a Stormwater Management Plan) will be done shortly. The Mayor informed the Town Commission Members that Highland Beach has been named a 1989 Tree City USA by The National Arbor Day Foundation. Mayor Boulay congratulated all persons involved with this project. Vice Mayor John J. Basso No report. Commissioner Doris R. Rome Commissioner Rome had no report; however, the Commissioner noted that planting trees on AlA was Vice Mayor Basso's idea and Commissioner Rome, Commissioner Stewart and Frank Savino were on the Committee. The Com- missioner further noted that Mr. Savino, who has been involved for many years, sees that these trees are taken care of. Commissioner Marvin A. Waldman Commissioner Waldman had no report; but, he did thank everyone for show- ing up today as it shows an interest in our Town and, with the election coming up, we need a lot of interest. We are interested in density and water shortage. I know Vice Mayor Basso and Commissioner Rome have been interested and involved with these two project; I support their re- election wholeheartedly. Thank you. Commissioner Betty Jean Stewart Commissioner Stewart reported on the January 8, 1990 Palm Beach County Beaches and Shores Council Meeting at which time a dune walkover for San Remo in Boca Raton was reviewed. The Commissioner noted that the Trash- a-thon is scheduled for March 10, 1990 from 9:00 a.m. to noon and all Municipalities are requested to participate. Commissioner Stewart had some printed information re the Igloo Recycling Banks which she noted will be available at marinas where the public will be able to deposit their waste paper, plastic bottles, etc. Commissioner Stewart advised the Commissioners that the Annual National Conference on Beach Preser- vation Technology is to be held February 14 - 16, 1990 at the St. Petersburg Hilton & Towers in St. Petersburg, Florida. At the January 30, 1990 Workshop Meeting, Commissioner Stewart briefly discussed pruning of Seagrapes on the beach and requested the Members . give some thought to an acceptable height noting that she would ask for . Town Commission Regular Meeting Minutes February 6, 1990 Page 4 of 7 their opinions at the February 6, 1990 Regular Meeting. This matter was again discussed and the consensus was that there would be no objection to pruning the Seagrapes to a 3-1/2' level. REPORTS - TOWN ATTORNEY Town Attorney Sliney reported speaking with Attorney Dan Rosenbaum with regard to the Broadview matter and recent correspondence from Attorney Dotterrer. REPORTS - TOWN MANAGER Town Manager Mariano reported receiving a draft form of the Reverse Osmosis Study on Friday, 2/2/90 with the request that it be reviewed by the Town Manager with regard to factual information. This Study will be transmitted to the Town Commission at their February .Workshop Meeting after which, at the direction of the Town Commission, it will be conveyed to the Water Resources Advisory Board. Commissioner Rome requested that the Members receive the Reverse Osmosis Study in advance of the Workshop Meeting so that they can review the information prior to submitting it to the Water Resources. Advisory Board. When the question of the Bike Path Study was raised by Vice Mayor Basso, Town Manager Mariano advised that, as per the contract, the study which is to include video tapes, photos, engineering research regarding the grading, etc., is to be completed in a 90 day period. REPORTS - BOARDS AND COMMITTEES Mayor Boulay noted the existing vacancies on the various Town Boards. COMMISSIONER WALDMAN/COMMISSIONER STEWART made a MOTION to appoint Horace Leng as a Regular Member of the Code Enforcement Board for a three year period; and, Mrs. Yvonne Petritz as an Alternate Member of the Community Appearance Board for a period of one year. The MOTION carried unanimously. A transmittal regarding amendment to the Zoning Ordinance was received from the Planning Board. COMMISSIONER STEWART/COMMISSIONER ROME made a MOTION to schedule a Public Hearing of the Town Commission on Tuesday, February 27, 1990 at 5:01 P.M. with regard to the Planning Board transmittal. Proposed Ordinances and Resolutions 1. AN ORDINANCE AMENDING CHAPTER 29 ENTITLED "WATER SYSTEM", SEC. • 29-24 ENTITLED "DEFINITIONS", SEC. (4) ENTITLED "WATER SHORT- AGE"; SEC. 29-24 (c) (1) AND SEC. 29-24 (c) (1) A ENTITLED "IMPLEMENTATION"; SEC. 29-24 (c) (2) ENTITLED "WATER USES"; SEC. 29-24 (d) ENTITLED "ENFORCEMENT"; PROVIDING AN EFFECTIVE DATE. • Town Commission Regular Meeting Minutes February 6, 1990 Page 5 of 7 The proposed ordinance was given a first reading, by title only, by Mayor Boulay. Following brief discussion, minor amendment was suggested and it was the consensus of the Town Commission that this matter be placed on the February Workshop Meeting Agenda. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE TOWN CODE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, TO WIT: CHAPTER 7, ENTITLED "BUILDINGS", SECTION 7-1.1 PROVIDING FOR A MINIMUM PERMIT FEE, PROVIDING AN EFFECTIVE DATE. Mayor Boulay gave the proposed ordinance a first reading by title only. Same will be an Agenda Item for the February Workshop Meeting of the Town Commission. 3. A RESOLUTION REPEALING RESOLUTION NO. 561 PERTAINING TO THE ENTERING INTO OF AN INTERLOCAL AGREEMENT BETWEEN THE TOWN AND THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY AND PROVIDING FOR THE ADOPTION OF A SUBSTITUTE INTERLOCAL AGREE- MENT FOR FIRE/RESCUE SERVICES IN THE TOWN OF HIGHLAND BEACH BY PALM BEACH COUNTY/FIRE RESCUE MSTU NO. 3. The Deputy Town Clerk read the proposed resolution in its entirety as well as a "letter addendum" of 1/31/90 addressed to Chairman Carol J. Elmquist. Following substantial discussion of the matter, Attorney Sliney stated that he would draft a letter to County Attorney Barile ad- dressing the amendments to the agreement made by the Town Commission and noting that a "letter adendum" to the agreement is attached. VICE MAYOR BASSO/COMMISSIONER STEWART MOVED that the letter to Chairman Carol J. Elmquist and the resolution be approved. The MOTION carried with five "AYE" votes. 4. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH URGING FLORIDA CITIZENS TO 5UFPORT THE CONSTITUTIONAL AMENDMENT N0. 3 ON THE NOVEMBER 1990 BALLOT LIMITING UNFUNDED STATE MANDATES ON CITIES AND COUNTIES; EFFECTIVE DATE. The proposed resolution was read in its entirety by the Deputy Town Clerk. The MOTION by COMMISSIONER ROME/VICE MAYOR BASSO adopting the resolution carried unanimously. 5. A RESOLUTION ENTERING INTO AN AGREEMENT BETWEEN THE TOWN OF HIGHLAND BEACH AND URBAN DESIGN STUDIO FOR THE ESTABLISHMENT OF A U5E-PROGRAM AND PRELIMINARY MASTER PLAN ON PROPERTY LOCATED BEHIND TOWN HALL. The proposed resolution was read in its entirety by the Deputy Town Clerk. A MOTION to adopt the resolution was made by VICE MAYOR BASSO/ COMMISSIONER ROME. Commissioner Stewart suggested amending the resolu- tion by inserting a phrase to paragraph one (which was then further • Town Commission Regular Meeting Minutes February 6, 1990 Page 6 of 7 amended by Commissioner Rome) to finally read as follows: respect the intent of the Open Space an Recreational Land 9/7/88". The amendments were accepted by Vice Mayor Basso sinner Stewart. The MOTION carried with five "AYE" votes. REGULAR BUSINESS Items Left Over 1. The Town Manager's Evaluation "and to Ordinance of and Commis- Referring to his memorandum of January 23, 1990 to the Town Commission, Mayor Boulay opened up for discussion the matter of the Town Manager's Evaluation and noted that he rated the Town Manager "Excellent" in all six categories on the Employee Performance Evaluation Form. Commissioner Stewart stated she believes the Town Manager has added maturity to her job and her knowledge has made a significant improve- ment, therefore, COMMISSIONER STEWART MOVED that the Town Manager's salary be raised to $47,000.00 per year, retroactive to February 2, 1990. The MOVE was SECONDED by COMMISSIONER WALDMAN. • Commissioner Rome commented that the Town Manager has taken on projects that were above and beyond her job; she initiated projects for the good of the Town and has always been helpful. Commissioner Waldman noted that he was impressed with the Town Manager's knowledge regarding the government of this Town and she has done more above and beyond the call of duty. Vice Mayor Basso agreed the Town Manager has done a good job and deserves the increase and further noted that the increase would make the Manager's salary comparable to other communities. A roll call vote resulted in all "AYE" votes cast by the Commission Members. Town Manager Mariano thanked the Town Commission for the support of her office and the consideration extended her. The Town Manager extended her thanks to her staff who have been helpful and supportive of her. 2. Proposal submitted by Mr. Mark Rothenberg for Town Lot No. 90 (3425 South Ocean Boulevard) Mayor Boulay informed the Town Commission that Mr. Mark Rothenberg has gone through the required process and received recommendations of approval from the Planning Board and the Community Appearance Board; and, at this time, Mr. Rothenberg is seeking the approval of the Town Commission. Following brief discussion of this matter, COMMISSIONER STEWART/VICE MAYOR BASSO MOVED to accept the plans submitted by Mr. Mark Rothenberg for his proposed project on Lot No. 90 (3425 South Ocean Boulevard). The MOTION carried unanimously. Town Commission Regular Meeting Minutes February 6, 1990 Page 7 of 7 CONSENT AGENDA Approval of Gentry Engineers topographical survey of the Town Hall site in the amount of $1,810.00. MOTION was made by COMMISSIONER STEWART/COMMISSIONER ROME to approve the Consent Agenda. The MOTION carried without objection. There being no further business to come before the Town Commission at this time, Mayor Joseph A. Boulay adjourned the Regular Meeting at 3:10 P.M. APPROVED: P;. Boula ~s~~. V,~ce/Mavor • Boris R. Rbme, Commis/sinner ~.(~--~ M' arvin A. Waldman, Commissioner Be y Jean Stewart, Commissioner amk •