Loading...
1990.05.01_TC_Minutes_Regulars i.1 • TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, May 01, 1990 1:30 P.M. The Regular Meeting of the Town Commission was called to order by Mayor Joseph A. Boulay at 1:30 P.M. in the Commission Chambers at Town Hall. Others present were Vice Mayor Bill Paul, Commissioners Marvin A. Waldman, Betty Jean Stewart and Harold C. Chambers. Also present were Town Attorney Thomas E. Sliney, Deputy Town Clerk Anne M. Kowals and members of the general public. Following roll call, the Pledge of Allegiance was given. ADOPTION OF AGENDA The Agenda was adopted, as submitted, upon MOTION by VICE MAYOR PAUL/ COMMISSIONER WALDMAN. The MOTION carried without objection. APPROVAL OF MINUTES The following Minutes were submitted for approval: • March 27, 1990 - Workshop Meeting April 03, 1990 - Regular Meeting Upon MOTION by COMMISSIONER CHAMBERS/VICE MAYOR PAUL, the Minutes were approved as corrected. The MOTION carried without objection. PRESENTATION OF RESOLUTION N0. 571 TO FORMER VICE MAYOR JOHN J. BASSO Resolution No. 571 honoring former Vice Mayor John J. Basso was read in its entirety by the Deputy Town Clerk. Following unanimous approval of a MOTION by COMMISSIONER STEWART/COMMISSIONER CHAMBERS adopting said Resolution, Mayor Boulay presented same to former Vice Mayor John J. Basso. PRESENTATION OF RESOLUTION NO. 572 TO FORMER COMMISSIONER DORIS R. ROME The Deputy Town Clerk read Resolution No. 572 honoring former Commis- sioner Doris R. Rome in its entirety. Upon approval, without objection, of the MOTION by VICE MAYOR PAUL/COMMISSIONER STEWART adopting this Resolution, the Mayor presented same to former Commissioner Doris R. Rome. PUBLIC COMMENTS AND REQUESTS Mr. Philip Colman, resident/developer of Villa Magna, who is presently involved in the development of the Villa Mare and Villa Costa, noted that he has submitted a letter of appreciation to Commissioner Chambers Town Commission Regular Meeting Minutes May 01, 1990 Page 2 of 8 who assisted in obtaining additional parking for the Stolte Construction Workers at the Holiday Inn west side parking lot. Mr. Colman further noted the article that appeared in the Palm Beach Post on April 28, 1990 which listed Highland Beach as second to the lowest in serious crimes thereby making Highland Beach a safe Town. Mr. Colman, commenting with regard to the so called "bike path" which is used primarily as a pedes- trian walkway, suggested it would be proper to call it a "pedestrian walkway" rather than a "bike path". Mr. Patrick Beary, residing at the Seagate of Highlands Condominium, noted that few people realize that May 01 is "Law Day", which was pro- claimed such by President D. D. Eisenhower on May 01, 1958 dedicated to celebrate the rule of law in the United States as opposed to the communist celebration of May Day on May 01. "Law Day" has been called America's model answer to millions most fearful tyranny which "Law Day" would counter the image of deceit and tyranny with an affirmation of our own beliefs in truth, fairness and justice. At Mr. Beary's request, a moment of silence was held in observance of "Law Day" U.S.A., May 01, 1990. Dr. Ray Murphy, 4023 South Ocean Boulevard, noted that, with regard to • the matter that has recently be brought up concerning the qualifications required for candidates seeking public office in Highland Beach, it is his feeling that said requirements should not be changed. Dr. Murphy further commented with regard to the turtle program, noting that per studies and reports issued to date, the low sodium lights are not visible to the turtles as are the more bright moon lights. In view of this information, Dr. Murphy requested the Town Commission amend Town Ordinance No. 554 to allow the low sodium lights to be used for the purpose of lighting the affected areas which would allow a greater degree of safety for all. Mr. Jose Echeverria of 1112 Russell Drive, head of the Highland Beach Turtle Program, noted that what Dr. Murphy reported re the low sodium lighting is true and it is under study by the Department of Natural Resources. Until such time when a change is made, Mr. Echeverria advised that lights are to be out between 11:00 P.M, and 6:00 A.M. Mr. Michael Dent residing at the Casuarina, noting that Commissioner Chambers submitted a written report at the April 24, 1990 Workshop Meet- ing, requested that, in the future, the Commissioner read his report so the audience can hear what is being reported. With regard to the tele- vising of the meetings, Mr. Dent advised that it has been noted that the residents are not sure of who is talking and requested that the cameras zoom in on the party speaking. Mr. Dent further thanked the Mayor for opening up the Workshop Meeting to allow the residents to comment on the contentious issues under discussion. With regard to the bike path, Mr. Dent noted that, following the meetings/discussions, all that is need is for the Town Commission to have a small committee who will try to put the thing together in order to help decide the issue. Mr. Dent further Town Commission Regular Meeting Minutes May 01, 1990 Page 3 of 8 noted the problem with parking automobiles in the Bel Lido Section of Town as well as Russell Drive and Bel Air Drive. Mr. John Rand, a resident of the Bel Lido Section of Highland Beach, commented with regard to the residents of Town not knowing who the dedicated people are who serve the Town on the various Boards and sug- gested that, in expanding the Newsletter, a roster of the Town Commis- sion, Members of Town Boards and Committees be included in the Fall issue of said publication. REPORTS - TOWN COMMISSION Mavor Joseph A. Boula Mayor Boulay commented on the recent Palm Beach Post article which stated that Highland Beach is a safe community; the Mayor congratulated Police Chief Cecere and his staff for doing a fine job. The Mayor noted that, Ms. Jo Ellen Leisinger of Urban Design Studios had a previous commitment and was unable to attend this Regular Meeting (as discussed by the Town Commission at the April 24, 1990 Workshop Meeting) to make her presentation regarding the preliminary plan for the proposed park • behind Town Hall. Consequently, Ms. Leisinger will be included on the Agenda for the Special Workshop Meeting to be set for the review of the code recodification or the May 29, 1990 Workshop Meeting of the Town Commission. Vice Mayor Bill Paul No report. Commissioner Marvin A. Waldman Commissioner Waldman extended congratulations to the Chief and his Department for the wonderful job they have done in policing the Town. Commissioner Betty Jean Stewart Commissioner Stewart noted that in February 1990, upon completion of the Florida Department of Law Enforcement review, it was found that the Highland Beach Police Department had no defects; and, the residents take pride in their Police Department. The Commissioner called attention to the tree trimming work being done by F.P.L. and Asplund in Town. It was noted that F.P.L. and Asplund will be cooperative to individual requests by property owners where the trees are being pruned. i Commissioner Stewart acknowledged receipt on April 18, of an answer to her inquiry regarding night meetings relating to cost of additional Town Commission Regular Meeting Minutes May 01, 1990 Page 4 of 8 police (the Chief will be at the night meetings eliminating the need for an additional officer), cost of additional sodium vapor lights for eight poles in the front and rear parking lots (the modified answer indicated that only three lights were necessary), the entrance and exit lights at Town Hall are now in working condition and, what money is available in the budget to provide the lights (from a "general contingency account"). The Commissioner noted that she has a copy of the budget and sees no "general contingency account". There is an account called "other general government" which has funding in it. Commissioner Stewart questioned what account the Town Manager was referring to. Commissioner Stewart, noting that the Town has to consider the course of liability, asked the Town Attorney what kind of coverage the Town has to an employee who sustains injury and what course can an employee not take against the Town regarding law suits. The Town Attorney responded that he assumes the Town has regular liability coverage in addition to coverage for public officials. Commissioner Stewart stated that her questions had to do with the fact that if we have parking lots that are not adequately lighted, would we be faced with the possibility of law suit. I do think that this is an issue that must be addressed so that we do not incur upon this Commis- sion a liability that we have not prepared for. Commissioner Harold C. Chambers No report. REPORTS - TOWN ATTORNEY Regarding the issue raised by Judge Beary relating to the one year voter registration requirement, as well as the one year residency in the Town, for any candidate seeking public office in the Town of Highland Beach, the Town Attorney noted that his research did not find much law in Florida on the registration issue. The Town Attorney, noting that he had no personal strong feeling one way or the other on Judge Beary's proposal to change the voter registration requirement, requested to see any citations the Judge may have prior to the Commission making any final decision on this matter. The Attorney further noted that Judge Beary may have come across some cases that the Town Attorney hasn't come across and he would like the benefit of those to see what there actually is on this registration issue as distinguished from the one year residency issue. Judge Beary responded that he has done research on this matter and he will submit same to the Town Attorney. REPORTS - TOWN MANAGER . Town Manager was absent (jury duty). Town Commission Regular Meeting Minutes May 01, 1990 Page 5 of 8 REPORTS - BOARDS AND COMMITTEES Mayor Boulay noted the existing vacancies on the various Town Boards. The Mayor further noted the Town Attorney's letter of April 24, 1990 to the Town Manager regarding the six year limitation on Board terms which letter indicates that, after a gap in terms, reappointment does not violate the letter of the law--it violates the spirit of the law parti- cularly if the gap between the end of the six year term and the reap- pointment is a short gap. Mayor Boulay noted that Financial Advisory Board Member Ben Cohen wishes to continue serving on said Board despite his completion of a six year term. It was noted that there are other Talent Bank Applicants quali- fied to serve on the Financial Advisory Board. MOTION was made by COMMISSIONER STEWART/COMMISSIONER WALDMAN to appoint Doris Perrone as a Regular Member of the Community Appearance Board for a three year term. The roll call vote resulted in five "AYE" votes. MOTION by VICE MAYOR PAUL/COMMISSIONER CHAMBERS appointing Victor Hadeed to the Code Enforcement Board for a three year period carried without • objection. PROPOSED RESOLUTIONS AND ORDINANCES 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, CHAPTER 2, ENTITLED "ADMINISTRATION", SECTION 2-6, ENTITLED "RULES OF PROCEDURE", RULE N0. 1 RELATING TO THE TIME OF REGULAR MEETINGS. The proposed ordinance, given first reading on 04/03/90; published on 04/13/90, was read in its entirety by the Deputy Town Clerk. MOTION was made by VICE MAYOR PAUL/COMMISSIONER CHAMBERS approving the ordinance. A roll call vote resulted as follows: Commissioner Stewart "AYE" Commissioner Waldman "NO" Vice Mayor Paul "AYE" Commissioner Chambers "AYE" Mayor Boulay "AYE" Mayor Boulay noted that the next Regular Meeting of the Town Commission will be held on Tuesday, June 5, 1990 at 7:30 P.M. The Mayor further noted that this is only a trial; if it doesn't work out, the Town Com- mission can change the Regular Meetings back to the 1:30 P.M. time. 2. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, AUTHORIZING THE EXECUTION OF THAT CERTAIN INTERLOCAL AGREEMENT FOR JOINT SOLID WASTE MANAGEMENT GRANT APPLICATION BETWEEN THE TOWN OF HIGHLAND BEACH AND THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY. U Town Commission Regular Meeting Minutes May 01, 1990 Page 6 of 8 They proposed resolution, read in its entirety by the Deputy Town Clerk, was adopted upon MOTION by COMMISSIONER STEWART/VICE MAYOR PAUL. A roll call vote resulted as follows: Commissioner Waldman "AYE" Vice Mayor Paul "AYE" Commissioner Chambers "AYE" Commissioner Stewart "AYE" Mayor Boulay "AYE" 3. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, DESIGNATING A QUALIFIED PERSON TO BE APPOINTED TOWN CLERK AS PROVIDED FOR IN SECTION 1.06 (4) OF THE TOWN OF HIGHLAND BEACH. Mayor Boulay read the proposed resolution in its entirety. VICE MAYOR PAUL/COMMISSIONER STEWART made a MOTION to adopt the resolution. The following is the result of a roll call vote: Vice Mayor Paul "AYE" Commissioner Stewart "AYE" Mayor Boulay "AYE" • REGULAR BUSINESS Items Left Over Commissioner Chambers "AYE" Commissioner Waldman "AYE" 1. Discussion re May/June 1990 Newsletter Following brief discussion, it was the consensus of the Town Commission that a notation regarding the change in the time of the Regular Meeting from 1:30 P.M. to 7:30 P.M. should be included in the May/June 1990 Newsletter. MOTION by COMMISSIONER STEWART/VICE MAYOR PAUL approving the May/June 1990 Newsletter as amended carried without objection. Commissioner Chambers advised the Town Commission that the Holiday Inn made an offer to pay the postage for six mailings per year of the Newsletter if they were allowed to include their calendar of events. It was the consensus of the Town Commission that this offer should be declined; the Town does not want to commercialize the Newsletter. 2. Discussion re Gee & Jenson Bike Path Study (Phase II) Mayor Boulay noted that, in order to move forward with the Bike Path Project, an engineering study (which is Phase II of the Gee & Jenson Bike Path Study) is necessary. The cost of the Phase II would be ap- proximately $5,000.00 as the engineering study would be done only on the areas requiring repair. Following substantial discussion of this matter, MOTION was made by VICE MAYOR PAUL/COMMISSIONER STEWART to authorize the Phase II as set forth in the letter of Gee & Jenson dated 11/21/89. A roll call vote resulted as follows: Town Commission F May 01, 1990' Page 7 of 8 Commissioner Commissioner Mayor Boulay zegular Meeting Minutes Chambers "AYE" Waldman "AYE" "AYE" Commissioner Stewart "NAY" Vice Mayor Faul "AYE" 3• Discussion re Bike Path Committee Re ort of 04/09/90 to Town Commission from Attorne Sline It was noted that the Bike Path Committee Report of 04/09/90, as discus- sed at the Workshop Meeting, included recommendations for D.O.T. approved signage, at a cost of $772.20, to be installed along the Bike Path at appropriate intervals. When Mayor Boulay noted that he would entertain a motion to approve the purchase of said signage, Commissioner Chambers asked "Should we wait until we get the results of the engineer- ing study?". Following discussion of the matter, a motion by Vice Mayor Paul to accept the signs at a cost of $772.20 to be placed along the Bike Path as soon as possible failed due to lack of a second. The matter was deferred until the May Workshop Meeting. 4. Discussion re scheduling a code recodification Workshop Meeting . A brief discussion was held with regard to scheduling a code recodifica- tion Workshop Meeting. It was agreed that this Special Workshop Meeting should be held on Thursday May 10, 1990 at 1:00 P.M. 5. Discussion re Concordia Investments' request for access to sales models at Villa Mare/Villa Costa by prospective clients Mayor Boulay noted that Concordia submitted their Certificate of Liabi- lity Insurance naming the Town of Highland Beach as an additional insured. Commissioner Stewart, expressing her concern with regard to the medical coverage, commented that the $5,000.00 figure should be increased. The Commissioner further noted the 07/01/90 expiration date of said insurance policy. During discussion of this matter, Mr. Colman requested information regarding the Town's insurance policy which infor- mation will be used to guide Concordia with their insurance policy. Mr. Colman will be provided with the requested information. It was the con- sensus of the Town Commission that more data regarding insurance cover- age was needed and this matter will be the first item on the Agenda for the May 10, Special Meeting of the Town Commission at 1:00 P.M. CONSENT AGENDA 1. Approval of Town Hall Police and Fire Complex Parkin Lot/Seal Coating bid submitted by Florida Blacktop Inc. in the amount of $2,890.00. The Consent Agenda was approved upon MOTION by VICE MAYOR PAUL/COMMIS- SIONER CHAMBERS. The MOTION carried without objection. Town commission Regular Meeting Minutes May 01, 1990 Page 8 of 8 There being no further business to come before the Town Commission at this Regular Meeting, upon MOTION by COMMISSIONER STEWART/COMMISSIONER WALDMAN, Mayor Boulay adjourned same at 3:15 P.M. APPROVED: ATTES Date: AMK Bill Paul, Vice Mayor //~~ Marvin A. Waldman, Commissioner Bet C : /¢h a~~r s , ssioner ssioner