1989.04.04_TC_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
REGULAR MEETING
Tuesday, April 4, 19$9 1:30 P.M.
Mayor Joseph A. Boulay called the Regular Meeting of the Town Commis-
sion, Town of Highland Beach, to order at 1:30 P.M. in the Commission
Chambers at Town Hall. 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, 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 COMMISSIONER ROME/
COMMISSIONER WALDMAN. The MOTION carried unanimously.
Approval of Minutes
The following Minutes were submitted for consideration:
• February 21, 1989 - Public Participation Workshop
February 21, 1989 - Public Hearing
February 28, 1989 - Workshop Meeting
March 07, 1989 - Regular Meeting
March 07, 1989 - Public Hearing
March 07, 1989 - Special Meeting
March 15, 1989 - Special Meeting
Commissioner Rome, upon inquiring, was advised that the March 7, 1989
Regular Meeting Minutes were amended as per discussion of same at the
March 28, 1989 Workshop Meeting of the Town Commission. MOTION was made
by COMMISSIONER ROME/COMMISSIONER STEWART to approve the Minutes as
submitted. The MOTION carried without objection.
Public Comments and Requests
None.
PRESENTATIONS
1. Resolution No. 555 honoring Commissioner Robert F. Scholz
Resolution No. 555 was read in its entirety by the Deputy Town Clerk. A
MOTION to adopt the Resolution, made by COMMISSIONER ROME/VICE MAYOR
BASSO, carried unanimously.
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Town Commission Regular Meeting Minutes
April 4, 1989
Page 2 of 7
Mayor Boulay presented the Resolution to former Commissioner Robert F.
Scholz who extended his thanks to everyone for this recognition,
especially the Town staff employees.
2. IACP Presentation to Officer John D. Otto by
Chief William Cecere
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Chief Cecere presented the "Survivor's Award" from the International
Association of Chiefs of Police to Officer John D. Otto who sustained
serious injuries on December 17, 1988 while on duty directing traffic at
St. Lucy's Church.
Officer Otto, walked up to receive the award, thanked the good people of
Palm Beach County and especially the people of Highland Beach who went
to bat for him and helped his family in their time of need.
Mayor Boulay congratulated Officer Otto and stated that it is very
heartwarming to see a man who was not to walk again come up and receive
this award.
3. Arbor Day Proclamation
Mayor Boulay noted that, through the efforts of the Greening of A-1-A
Committee, our former Mayor and the Community Appearance Board, Highland
Beach is part of Tree City U.S.A. The Mayor issued a Proclamation,
which he read into the minutes, declaring April 4, 1989 as Arbor Day in
the Town of Highland Beach. The Town Commission approved the Arbor Day
Proclamation.
4.
Formal submission of F.Y. 88/89 Audit
Coopers and Lybrand
ort
The Deputy Town Clerk distributed copies of the F.Y.88/89 Audit Report
to the Town Commission.
Mr. Bernie Tinkoff of Coopers and Lybrand stated that they have been the
auditors for the Town of Highland Beach for the last three years; their
audit report presented to the Town complies in all respects with the
rules of the Auditor General. The auditors have met with the Finance
Committee of Highland Beach to review the financial statement in detail.
Continuing, Mr. Tinkoff noted he is here to answer any questions the
Members of the Town Commission may raise.
It was the consensus of the Town Commission that they need time to
review the audit report. COMMISSIONER ROME/COMMISSIONER STEWART MOVED
that this matter be placed on the April Workshop Meeting Agenda so we
can study and raise any questions at that meeting. The MOTION carried
without objection. Mr. Tinkoff stated he would be happy to answer any
questions the Town Commission may have, at any future date, to make sure
the Members understand the document.
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• Town Commission Regular Meeting Minutes
Mayor Boulay reported that he and Mrs. Boulay represented the Town of
Highland Beach in the Walk-a-thon held on Saturday, April 1, 1989; they
raised a sum of $100. which will be donated to the March of Dimes in the
name of Highland Beach.
April 4, 1989
Page 3 of 7
REPORTS - TOWN COMMISSION
Mayor Joseph A. Boulay
The Mayor noted that the Building Official prepared the "Status of
Building in the Town" report, copies of which were distributed to all
Commission Members. Commissioner Rome noted that, in the past, these
reports were prepared monthly and same were discussed at the Workshop
Meetings; the next report by the Building Official should be submitted
for the May Workshop Meeting.
Mayor Boulay reported that he did obtain a copy of the Town's Purchasing
Manual and a copy was given to Chairman Firstenburg of the Financial
Advisory Board. Future major purchases (items over $2,500. require
sealed bids) will proceed through the guidelines set out in the Purchas-
ing Manual and will be brought before the Town Commission.
• The Mayor reported that he spoke with the Fire Department Lieutenant
with regard to the Fire Department Employees parking their cars (on
property owned by someone else) up to the bike path. The Lieutenant
informed the Mayor that the Fire Department has requested and received
permission from the property owner to trim the Australian Pine Trees
which interfere with their signals.
Mayor Boulay noted that the Trash-a-thon that was originally scheduled
for March 11, 1989 will take place on Saturday, April 8, 1989; they will
coordinate with Operation Cleansweep for the purpose of cleaning the
beaches in Highland Beach.
The Mayor acknowledged receipt of Talent Bank Applications from Janis
Sheller, Paul Heetman, Victor Page and Horace Leng. Mayor Boulay noted
that on 2/4/86 the Town Commission adopted a Policy of Appointment to
Town Boards.
Mayor Boulay advised the Members that the last invoice for painting of
the Water Tower was received and the Finance Department submitted a bill
to the Centel Cable T.V. Company for their share of the expense.
Mayor Boulay acknowledged re
regarding a Proclamation for
COMMISSIONER ROME/VICE MAYOR
tion designating the week of
the Town of Highland Beach.
~eipt of a letter from the State Attorney
Victims Rights Week. MOTION was made by
BASSO to have the Mayor issue a Proclama-
April 9 thru 15 as Victims Rights Week in
The MOTION carried without objection.
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• Town Commission Regular Meeting Minutes
April 4, 1989
Page 4 of 7
Mayor Boulay informed the Town Commission that word was received from
the Florida Department of Community Affairs acknowledging receipt of the
Town's proposed Comprehensive Plan and advising that Mr. Ralph Hook of
the D.C.A. will be submitting a letter to the Mayor stating that said
Comprehensive Plan is complete.
Vice Mayor John J. Basso
Vice Mayor Basso reported that with regard to the recommendation he made
at the March 28, 1989 Workshop Meeting relating to a proposed ordinance
for the protection of the dunes, the Vice Mayor spoke with the Town
Attorney and requested that said proposed ordinance include a penalty in
cases of non-compliance by individuals.
Regarding the proposed park behind the Town Hall Complex, the Vice Mayor
advised the Town Commission that he is looking to select an Architect
Designer rather than using the services of the Town's Engineers.
The Vice Mayor further reported that the sign at the Sea Cliff Motel is
advertising hotel rooms; the Town has no ordinance providing for hotel
rooms. Vice Mayor Basso noted this matter should be looked into and
stopped immediately. Commissioner Rome suggested reviewing this matter
• with the Town Manager when she returns from vacation and discussing this
issue at the April Workshop Meeting of the Town Commission.
Commissioner Doris R. Rome
No report.
Commissioner Marvin A. Waldman
Commissioner Waldman had no report; however, he recommended that the
"Status of Building in Town" Report, prepared by the Building Official,
be distributed to Members of the Planning Board, Code Enforcement Board,
Community Appearance Board and any boards involved in the planning
process. The Members agreed with Commissioner Waldman and the Mayor
noted that he would instruct the Building Official to comply with said
recommendation.
Commissioner Betty Jean Stewart
Commissioner Stewart reported that, with regard to the Arbor Day Procla-
mation, there will be thirty trees (funded by public contributions)
planted as part of the continuing program of the Greening of A-1-A.
Commissioner Stewart forwarded the signed "Cool It" (gun control) cam-
paign forms to Representative Ron Silver who requested that we contact
members of our local delegation in the Florida House and Senate to ask
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• Town Commission Regular Meeting Minutes
April 4, 1989
Page 5 of 7
their support for Bills HJR 2 and HB 497. Commissioner Stewart asked,
and the Town Commission agreed, to have the Town Manager write
appropriate letters to our Representatives and Legislators.
REPORTS - TOWN ATTORNEY
Town Attorney Sliney reported that he and Attorney David Friedman are
preparing, per Vice Mayor Basso's recommendation, an ordinance regarding
dune protection which will be submitted to the Town Commission in
advance of the April 25, 1989 Workshop Meeting.
Attorney Sliney reported that there is a pretrial conference with Judge
Zloch scheduled on April 18, 1989 with regard to the Broadview matter.
With the approval of the-Town Commission, the Town Attorney addressed
the 'Items Left Over' under Regular Business. Regarding the proposal
for Plat No. 1, Camelot on the Atlantic, the information requested from
Attorney Robert Eisen was not received in time for this meeting. This
matter will be placed on the April 25, 1989 Workshop Meeting Agenda.
Attorney Sliney reported that the Drexel Matter (now known as Highland
. Ocean Associates - Direnzo) was discussed at the March Workshop Meeting.
The Town Attorney noted that he has been in contact with the Attorneys
for the new owners of the property who are working on a marketing study
and a new lower density project for the property. Under the court
order, the Town will be obligated to issue the building permits on
4/9/89 because of the extension; however, under a proposed agreement,
the building permits would be issued 15 days from the date that the Town
and its counsel receive written notice from the property owner's counsel
that the parties have been unable to reach agreement. In order to pro-
tect the Town's interest, the Town Attorney requested that the Town
Commission authorize .him to file a Notice of Appeal within 30 days (the
parties need to agree that, pending negotiations, the previous court
order and appeal would be moot). MOTION was made by VICE MAYOR BASSO/
COMMISSIONER WALDMAN to authorize the Town Attorney to file a Notice of
Appeal. The MOTION carried unanimously.
REPORTS - TOWN MANAGER
No report. Town Manager on vacation.
REPORTS - BOARDS AND COMMITTEES
Vacancies on the various Town Board were noted by Mayor Boulay. The
Town Commission made the following appointments:
COMMISSIONER WALDMAN/COMMISSIONER ROME MOVED to appoint Horace Leng, Jr.
to the Code Enforcement Board.
Town Commission Regular Meeting Minutes
April 4, 1989
Page 6 of 7
Mayor Boulay commented that the Water Resources Advisory Board has had a
vacancy since day one, while the Code Enforcement Board, which has a
large membership, has only had a vacancy for three weeks. The Mayor
stated the Town Commission should consider appointing someone to the
Water Resources Advisory Board.
A roll call vote on the MOTION to appoint Mr. Leng resulted as follows:
Vice Mayor Basso 'AYE' Commissioner Waldman 'AYE'
Commissioner Rome 'AYE' Commissioner Stewart 'AYE'
Mayor Boulay 'NAY'
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Commissioner Rome noted receipt of a Talent Bank Application from Paul
Heetman who is interested in serving on the Community Appearance Board.
Commissioner Rome further noted that Co-Chairman of the Community
Appearance Board, Frank Savino, was in the audience and asked the Co-
chairman if he had any objections to Mr. Heetman being appointed to that
Board; Mr. Savino stated that he had no objection. MOTION was made by
COMMISSIONER ROME/VICE MAYOR BASSO to appoint Paul Heetman to the
Community Appearance Board as a Regular Member. The MOTION, opposed by
Mayor Boulay due to the fact that the Town's Policy for Appointment to
the Town Boards had not been followed, carried with four "AYE" votes
cast by Vice Mayor Basso and Commissioners Rome, Waldman and Stewart.
Commissioner Rome noted an Alternate Member vacancy exists on the
Community Appearance Board. Also noted was receipt of a Talent Bank
Application submitted by Janet Sheller for possible appointment to the
Community Appearance Board. Commissioner Rome stated that the Talent
Bank Applicants should be invited to attend a meeting of the Board of
their choice; and, they should be invited to attend a Town Commission
Workshop Meeting where they may be interviewed by the Members. Mayor
Boulay noted that he invited Mrs. Sheller to attend a Community
Appearance Board Meeting. Mrs. Sheller will be invited to attend the
April 25, 1989 Town Commission Workshop Meeting.
COMMISSIONER STEWART/COMMISSIONER ROME MOVED to appoint Victor Page, who
was interviewed at the March Workshop Meeting of the Town Commission, to
the Financial Advisory Board. The MOTION carried unanimously.
PROPOSED RESOLUTIONS AND ORDINANCES
None
REGULAR BUSINESS
Items Left Over:
1. Discussion - proposal re Plat No. 1, Camelot on the Atlantic
submitted by Robert A. Eisen, Attorney representing Ince &
Hertel Building Corporation.
2. Discussion - re Town Lots 2U - 28; Drexel Property - Teron
International (Highland Ocean Associates - August Direnzo)
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. Town Commission Regular Meeting Minutes
April 4, 1989
Page 7 of 7
The two Items Left Over, under Regular Business, were discussed under
the Town Attorney's Report.
CONSENT AGENDA
1. Approval of cluster wells proposal by James M. Montgomery
(Town Engineers)
The Consent Agenda re the approval of cluster wells proposal by Town
Engineers James M. Montgomery was approved upon MOTION by COMMISSIONER
STEWART/VICE MAYOR .BASSO. The MOTION carried without objection.
There being no further business to come before the Town Commission at
this time, Mayor Boulay adjourned the Regular Meeting at 2:38 P.M.
APPROVED:
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Jo h . A.'„Bcax}lay , Mayor
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hn J Bas , V'ce Mayor
Doris R. ome, Commissioner
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Ma vin A. Waldman, Commissioner
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Be y Jean Stewart, Commissioner
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