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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. • n U 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 • 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. A • 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. ' } _, • 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 t • 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' ~~ 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) ~~ ~ ., . 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: ~~ A D Jo h . A.'„Bcax}lay , Mayor ~~~ hn J Bas , V'ce Mayor Doris R. ome, Commissioner "< /CP Ma vin A. Waldman, Commissioner 7 ~~' Be y Jean Stewart, Commissioner ~~