Loading...
1990.10.03_TC_Minutes_RegularJ=;~-t • TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Wednesday, October 03, 1990 7:30 P.M. Mayor Joseph A. Boulay called the Regular Meeting of the Town Commis- sion, Town of Highland Beach, Florida, to order at 7:30 P.M. in the Commission Chambers at Town Hall. Others present were Vice Mayor Bill Paul, Commissioners Marvin A. Waldman and Harold C. Chambers. Absent was Commissioner Betty Jean Stewart. Also in attendance were Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Town Clerk Anne M. Kowals and members of the general public. Following roll call, the Pledge of Allegiance was given. Mayor Boulay noted that this meeting is being televised live and will be replayed on Friday, October 05, at 1:30 P.M. ADOPTION OF AGENDA . The Agenda was adopted as submitted upon MOTION by VICE MAYOR PAUL/COM- MISSIONER WALDMAN. Same carried without objection. APPROVAL OF MINUTES Three sets of Minutes submitted for approval were accepted, as corrected, upon MOTION by COMMISSIONER CHAMBERS/COMMISSIONER WALDMAN. The MOTION carried unanimously. PUBLIC COMMENTS AND REQUESTS Mr. Michael Leonard, Ambassadors South resident, questioned the current situation in reference to the Town's attempt to find a less expensive source of fire/rescue services. The Town Manager advised there is no change in the status of that matter which was discussed at the September Workshop Meeting; the Town is awaiting a proposal from Boca Raton which is expected mid-October. Mayor Boulay advised that today he spoke with Larry Koester of the Palm Beach County Fire/Rescue Service who offered to meet with Condominium Associations in order to bring the residents up date with regard to the County Ordinance mandating retrofitting fire sprinklers. Mr. George Schaefer, Seagate of Highlands resident/owner, questioned the status of the research regarding alternate sources of fire/rescue . services for the Town of Highland Beach. The Mayor, noting there have been ongoing discussions with various municipalities, advised that a proposal to provide such services was received from Delray Beach (which proposal was higher than that of Palm Beach County Fire/Rescue and would Town Commission Regular Meeting Minutes October 03, 1990 Page 2 of 8 still require retrofitting); a proposal from Boca Raton, as stated earlier in the meeting, is expected in mid-October. Mr. Milton Hubatka, of Seagate of Highlands, stated he is disturbed with the signs in the area of the fire station indicating the Palm Beach County Fire/Rescue Employees are discontent with their present arrange- ment with Palm Beach County, questioned if it was necessary for the Town to enter into the contract for services so quickly. The Mayor informed the public that our contract expired on September 30 therefore a new contract was necessary by October 01 in order to have fire/rescue services for the Town of Highland Beach. It was noted that the contract includes a clause which would allow the Town to opt out of said contract in February, 1991, if the Town finds a better source for these services. It was further noted that for a source to get fire/rescue equipment into place in Town would require an ample amount of time. With regard to the labor dispute mentioned by Mr. Hubatka, it was emphasized that said dispute was with Palm Beach County and it had nothing whatever to do with the Town of Highland Beach. Town Attorney Sliney, noting he has been involved with retrofitting for some time, reiterated the fact that this is a County law which Highland Beach has no control over. The Town Attorney further noted that the Town continues to actively look into alternatives with regard to fire/ rescue services which are very expensive wherever one goes. Mayor Boulay stressed the fact that this Town Commission (the Town) has no jurisdiction whatsoever with regard to the County Ordinance relating to retrofitting. Mrs. Margaret Leonard, Ambassadors South resident/owner, stating her only complaint is the information coming out of the Town Manager's office, referred to a personal letter sent to their complex by their Condominium Association President, Mr. Warren Mamberg, citing communica- tion between the Town Manager and Mr. Mamberg indicating the Town rejected the alternatives diligently pursued and signed on with Palm Beach County Fire/Rescue Services. When it was noted that the staff was not aware of the communication from Mr. Mamberg, Mrs. Terry Hubatka addressed the Town Commission stating such letter was shown (along with a petition) to the Mayor who in turn was to show same to the Town Manager. Mayor Boulay noted that when he saw the letter in question, he asked the Town Manager if the negotiations with Boca Raton were still in progress; the Town Manager responded that the proposal was expected by mid-October. The Mayor stated that Chief Brice of Palm Beach County advised that the County Ordinance relating to retrofitting would prevail. When Mrs. Terry Hubatka questioned the difference between the Palm Beach • County Fire Code and the Palm Beach County Fire Department Code, Mayor Boulay stated he would research that matter. The Mayor, noting that Mr. Larry Koester would have the proper answers to the questions raised by Town Commission Regular Meeting Minutes October 03, 1990 Page 3 of 8 the residents, requested that they call Mr. Koester in order to get correct responses from Palm Beach County rather than this Town Commission. At this point, Commissioner Waldman suggested this matter be placed for discussion on the October Workshop Agenda as it is antici- pated that the Town will be in possession of Boca Raton's proposal as well as the clarification requested by Mrs. Hubatka in regard to the Fire Code. At this point, Town Clerk Kowals was requested to relate her telephone conversation of this date with Mr. Warren Mamberg. The Town Clerk stated that Mr. Mamberg, President of the Ambassador's South Condominium Association called from New York. He advised that he spoke to a resi- dent at Ambassador's South who informed him that a 'Special Meeting' to discuss the fire/rescue matter was scheduled for this evening. When the Town Clerk informed Mr. Mamberg that tonight's meeting was the Regular Monthly Meeting of the Town Commission and fire/rescue was not on the agenda, he proceeded to say that there is a lot of misinformation out on the street. Mr. Mamberg then stated that 95% of the people in the Ambassador's South Condominium have resigned themselves to the fact that the retrofitting has to be done; 5% of the people are against this • requirement. Mr. Mamberg left his New York Office telephone number and said he could be reached there until 4 P.M. daily. Mr. Paul Kane of Ambassador's South, acknowledging receipt of the mid- September Town Newsletter, noted that with regard to the item on recycl- ing, he is still not clear as to what the difference is between garbage vs. recycling; everyone is willing to partake in recycling and they want to do it right. A brief discussion ensued with regard to the recycling program that went into effect in Highland Beach on October 1, 1990, and it was noted that with regard to condominiums, County Sanitation is working with each individual condo manager to work out any problems that may surface in recycling. Mr. Abe Futernick of the Coronado, noted that his condominium is running into big problems as their building is 15 stories high and they have to do something to collect the recycling material. The Town Manager suggested the condominium managers contact Mr. Bill Johnson of County Sanitation at 278-1717 for guidance with regard to the recycling program. REGULAR BUSINESS - Items Left Over 2. Discussion re proposal for F.A.U. Student Program relating to the manning of the Town's T. V. Equipment. Commissioner Chambers requested that this item be moved forward on the Town Commission Regular Meeting Minutes October 03, 1990 Page 4 of 8 Agenda in order to accommodate Mr. Jack Buckley, Professor of Film and Communications at F.A.U. who was in attendance. The Commission agreed to the request. Professor Buckley stated this program would consist of educational videotapes to explain different Town projects to the residents and this program could be done independently; it would be a class project whereby students would receive credits. Following discussion of the program, the Commission requested that Professor Buckley discuss this matter with his department peers and submit, in writing, their suggestions as to what this program can do for the Town (i.e. educational videotapes re recycling, etc.); including information as to what the Town will have to provide to F.A.U. for the purpose of participating in this proposed program. This matter will be placed on the Agenda for the October Workshop Meeting. REPORTS - TOWN COMMISSION Vice Mayor Bill Paul No report. Commissioner Marvin a Waldman Commissioner Waldman reported receiving numerous complaints regarding hazardous conditions in the vicinity of the Villa Mare/Villa Costa construction sites where pedestrians are unable to walk on the path. It was noted this matter was brought to the attention of the Police Department and Building Department; the Police Department advised that the contractor was instructed to have the path cleaned up and accessible to pedestrians by Friday morning (10/05/90) - failure to comply with that directive will result in a daily fine. Commissioner Betty Jean Stewart Absent - no report. Commissioner Harold C. Chambers No report. Mayor Joseph A. Boulay Mayor Boulay reported that the recycling program went into effect on 10/01 and, for the most part, the Town is satisfied with the way the pickup went. The Mayor further reported a water main break occurred this date in the vicinity of 3425 South Ocean Boulevard, which break is under control and has affected a few people in Town. The Mayor reported that the Town of Malabar in Brevard County is structuring its own Police Department. Broward Community College, where Town Commission Regular Meeting Minutes October ~3, 1994! Page 5 of 8 the majority of Law Enforcement Officers are trained, recommended that Malabar contact the Town of Highland Beach (which has a model department for a small Town) for their expertise. Mayor Boulay noted that Chief Cecere will be working on his own time to assist Malabar in this project. Mayor Boulay reported attending the Palm Beach County Water Resources Advisory Board Meeting at which the wellfield protection ordinance was discussed. It was noted that said ordinance is available for review at Town Hall. The Mayor noted receipt of correspondence from Mark Rothenberg (copies of which were distributed to the Commissioners) requesting Town Commis- sion approval for the placement of a sales trailer on 3425 South Ocean Boulevard prior to pulling a building permit. Mr. Mark Rothenberg, President of Rothco Companies, developer of LeSanctuaire at Highland Beach, stated he received site plan approval from the Town Commission for four custominium units (one unit per floor) which is a luxurious custom home concept in a condominium setting. The purchaser will custom their apartment with an architect. Mr. Rothenberg requested the Town Commission authorize and permit the placement of a sales trailer on the site. It was noted that approval for demolition of the building on the site was granted. Discussion of the matter ensued and it was noted that a landscaped sales trailer on the site would look better than a torn up demolition site. Following substantial discussion of the matter, MOTION was made by COMMISSIONER CHAMBERS/COMMISSIONER WALDMAN to approve the request pend- ing Community Appearance Board approval; renewal to be required every six month (without obligation on the part of the Town Commission to renew said approval). The MOTION carried without objection. REPORTS - TOWN ATTORNEY Town Attorney Thomas E. Sliney noted receipt of the Satellite Television Antenna Model Ordinance which differs from what the Town has on the books. Attorney Sliney advised that the Town can take the amendment to the Satellite Ordinance he proposed or the Town can take the Model Ordinance and adopt same. It was the consensus to place this matter on the October Workshop Meeting Agenda for further discussion in lieu of giving the proposed ordinance first reading at this meeting. The Town Attorney reported that he responded, as per discussion of this matter at the September Workshop Meeting, to Milani's Attorney stating that the Town has taken the matter under advisement and will inform them when the Town makes a decision regarding the Milani issue. Town Commission Regular Meeting Minutes October 03, 1990 Page 6 of 8 Relative to the status of the Hoffmann/Broadview litigation, the Town Attorney advised that there has been some activity (nothing of signifi- cance] on the part of Mr. Paul Hoffmann. At this time, Commissioner Chambers questioned if the Commission would want to discuss the Colman issue. Attorney Sliney noted that he would like direction from the Town Commission; he will discuss the matter with each Commissioner individually in order to get each Commissioners' view. REPORTS - TOWN MANAGER Town Manager Mariano reported the purchase of new microphones for the Commission Chambers; copies of the approved 1990/91 f.y. budget were distributed to the Commissioners and the staff is now working on the items approved in the budget. The Town Manager requested direction from the Town Commission with re- gard to the pending recommendation of the W.R.A.B. that the Town consider the installation of an additional pipeline across the Intra- coastal Waterway. Town Manager Mariano noted that after inspection, the existing Intracoastal Waterway line was found to be in good condition. During discussion, Commissioners Chambers and Waldman felt there was no need to install an additional line at this time. Both Mayor Boulay and Vice Mayor Paul felt a second line was essential and should be considered. It was the consensus that this matter be included on the October Workshop Meeting Agenda at which time a full complement of the Town Commission (as well as members of the W.R.A.B.) will be present. The proposed Resolution and accompanying data regarding the Palm Beach Countywide Planning Council's "Potential Interjurisdictional Incompati- bilities", discussed at the September 25, 1990 Workshop Meeting of the Town Commission, was further discussed this date. It was the consensus to approved the proposed Resolution/data. The MOTION by VICE MAYOR PAUL/COMMISSIONER WALDMAN to approve said Resolution and data carried unanimously. Town Manager Mariano reported that on September 25, 1990, the County Commission approved the renewal of the Highland Beach contract for Fire/Rescue Service. REPORTS - BOARDS AND COMMITTEES Mayor Boulay noted no vacancies exist on the various Town Boards and Committees. The Mayor further noted that the Water Resources Advisory Board will schedule a meeting when Chairman Voress returns to Town. It was noted that the Town Commission would like to have the members of the W.R.A.B. attend the next Commission Meeting. Town Commission Regular Meeting Minutes October 03, 1990 Page 7 of 8 PROPOSED RESOLUTIONS AND ORDINANCES 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING SECTION 9-12.1 (b) (6) OF SECTION 9-12.1 ENTITLED "SATELLITE TELEVISION ANTENNA SYSTEMS" OF THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH PROVIDING FOR SCREENING FROM VIEW. The proposed ordinance was discussed briefly under the Town Attorney's Report. The consensus was to place this matter on the October Workshop Meeting Agenda to allow review of the Satellite Television Antenna Model Ordinance which was received by the Town Attorney earlier in the week. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING SECTION 5.01 (b) OF ARTICLE V OF THE CHARTER OF THE TOWN OF HIGHLAND BEACH, SECTION 5.01 ENTITLED "AUTHORITY TO ENACT; PROCEDURE; EXECUTION; POSTING; EMERGENCY ORDINANCES" AND AMENDING THE FIRST PARAGRAPH OF RULE N0. 10 OF SECTION 2-6 OF THE CODE OF ORDINANCES ENTITLED "RULES OF PROCEDURE" OF THE TOWN OF HIGHLAND BEACH, TO ELIMINATE THE REQUIREMENT THAT PROPOSED ORDINANCES BE READ IN FULL ON THE FINAL READING. The proposed ordinance was given first reading, by title only, by the Town Clerk. Same will be placed on the October Workshop Meeting Agenda for discussion. REGULAR BUSINESS Items Left Over 1. Discussion re proposed ~olic~ for government access Channel 12 (re televising Town Boards Meetings) As directed at the September Workshop Meeting of the Town Commission, the Town Clerk's Office obtained information from the Town's Boards with regard to televising their meetings. During discussion, Commissioner Chambers noted decision making is reserved for the Town Commission therefore said Commission is in order to set a policy regarding the televising of Town's Boards meetings. Vice Mayor Paul and Commissioner Waldman noted that, having received input from the various Boards indi- cating opposition to such practice, to institute a policy with regard to televising the Boards meetings would be a 'slap in the face' to the members who volunteer their services to the Town. Following substantial discussion, a MOTION was made by COMMISSIONER WALDMAN/VICE MAYOR PAUL that the Town adhere to the wishes of the Boards and not televise their meetings. The roll call vote resulted as follows: • Commissioner Waldman "AYE" Vice Mayor Paul "AYE" Commissioner Chambers "ABSOLUTELY NOT" Mayor Boulay "AYE" ;,r , • Town Commission Regular Meeting Minutes October 03, 1990 Page 8 of 8 2. Discussion re proposal for F.A.U. Student Program relatin~to the manning of the Town's T.V. Egui~ment. • This item was discussed following Public Comments and Requests. 3. Discussion re S.F.W.M.D. letter of September 21, 1990 re the Town's Permit Application No. 890124-9. Following a discussion of the September 21, 1990 letter from South Florida Water Management District regarding the Town's Permit Application, it was noted that said letter was recommending the govern- ing body approve said application. Mayor Boulay noted that the new microphones, installed on Tuesday of this week, were initiated at this meeting. There being no further business to come before the Town Commission at this time, Mayor Boulay, upon proper MOTION by COMMISSIONER CHAMBERS/ COMMISSIONER WALDMAN, adjourned the Regular Meeting of the Town Commission at 9:18 P.M. APPROVED: i /~ ATTES 'u^~G~.~ s Date- amk ose P~f. Boul~r, Mayor ~Ja.~~ti/ Bill Paul, Vxe Mayor ~~yl ~ ._.--, Marvin A. Waldman, Commissioner Abse Bett J S ~ Commissioner r A ~ it rFtlyd C. ' Cfiambers, Commissioner