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1989.04.25_TC_Minutes_Workshop,: TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, April 25, 1989 1:30 P.M. The Workshop Meeting of the Town Commission of the Town of Highland Beach, Florida, was called to order at 1:30 P.M. in the Commission Chambers at Town Hall by Mayor Joseph A. Boulay. Others present were Vice Mayor John J. Basso, Commissioners Doris R. Rome, Marvin A. Waldman and Betty Jean Stewart. Also in attendance were Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Deputy Town Clerk Anne M. Kowals and members of the general public. At this time, Commissioner Rome requested that the public speaking system in the Commission Chambers be checked out to make certain the system is in proper working order. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA It was the consensus of the Town Commission to amend the Agenda to allow Architect/Planner Howard McCall of McCall and Lynch to make a presenta- • tion, following Public Comments and Requests, regarding a proposed park behind Town Hall. It was further agreed that if Attorney George Roberts attends this meeting and requests to discuss the Broadview matter, he would be permitted to address the Town Commission upon his arrival. The Agenda was then adopted, as amended. 89.1 Public Comments and Requests Mr. Jose Echeverria, a Russell Drive resident, addressed the Town Commission and stated that he, along with members of the Department of Natural Resources, walked the entire beach in Highland Beach to observe the way the dunes are disappearing. Mr. Echeverria noted that if the dunes are not protected, there will be no turtle nesting in Highland Beach; and, stated that they are concerned with the protection and preservation of the dunes. Mr. Howard McCall, an Architect/Planner with McCall and Lynch, informed the Town Commission that he walked the property behind Town Hall and explained that a survey and topography of the property would be required before any work could be done on this project. The Architect/Planner proposed, at a fee of $3,0410., to prepare a plan and cost estimate for a park with recreation facilities behind the Town Hall Complex. 89.2 Boards and Committees Vacancies on the various Town Board were noted. Mayor Boulay stated that Board of Adjustment Alternate Member Jane Rayner was inadvertently missed for reappointment at the April Regular Meeting. This matter will ~. ~. Town Commission Workshop Meeting Minutes April 25, 1989 Page 2 of 6 be addressed at the May 2, 1989 Town Commission Regular Mayor further noted that Financial Advisory Board Member term expires 5/89; he will be considered for reappointed term. Meeting. The Ben Cohen's to a one year Mayor Boulay noted that the Talent Bank Applicants will be invited to attend a Town Commission Workshop Meeting (to be interviewed by the Commissioners) after they attend a meeting of the Board of their choice. The Mayor noted receipt of two pieces of correspondence: a memorandum from the Boca Hi President with regard to the topping of Pine Trees on County Property; and, a letter of commendation from a resident Ralph Bassalino regarding the Highland Beach Police Department. 89.3 Proposed Ordinances and Resolutions • A proposed ordinance of the Town of Highland Beach, Florida, to protect the dunes by requiring dune walkovers was addressed. It was noted that Commissioner Stewart stated the ordinance would be an imposition on people in private homes who do not cross over the dunes. Commissioner Rome questioned if the ordinance could read "where there appears to be destruction of dune area in a private home, the owner should be required to put in a dune walkover". Following substantial discussion, the Town Attorney was directed to submit a revised copy of the proposed ordinance for first reading at the May 2, 1989 Regular Meeting. The staff will determine which properties in Town will be affected, and such properties will be advised as to the consideration of said ordinance prior to the May Workshop Meeting of the Town Commission. 89.4 Water Resources Advisory Board Report The Mayor acknowledged receipt of two memos from Chairman Keller of the Water Resources Advisory Board regarding: reverse osmosis development at Boynton Beach; and suggestions to the Town Commission that they contemplate action on the number one alternative recommended with regard to a new source of water. 89.5 Discussion re Comprehensive Plan (Capital Improvement Element) The Town Commission briefly discussed a possible amendment to the Capital Improvement Element of the Comprehensive Plan. It was the consensus of the Town Commission that the Town Manager contact Mr. Jim Park, Planner with Gee and Jenson, and request that he submit a letter with specific recommendations (re the Capital Improvement Element) for consideration and review by the Town Commission at their May Workshop Meeting. r~ L .. ti Town Commission Workshop Meeting Minutes • April 25, 1989 Page 3 of 6 89.8 Discussion - proposal re Plat No. 1, Camelot on the Atlantic submitted by Robert A. Eisen., Attorney representing Ince & Hertel Building Corporation The Town Commission reviewed correspondence from Attorney Robert A. Eisen, dated April 3, 1989, which reflected the construction and approval agreement on this parcel, which information had been requested of Attorney Eisen at the March 28, 1989 Town Commission Workshop Meeting. During substantial discussion of a proposal re Plat 1, Camelot on the Atlantic, submitted by Attorney Eisen, representing Ince & Hertel Building Corporation, Commissioner Stewart questioned if these plans will be going through the regular approval (Planning Board, Community Appearance Board) process. A request to obtain a staff report from the Building Official as to compliance with the Town Zoning Code was made by the Town Commission. It was the consensus of the Town Commission that additional information from Attorney Eisen is required with regard to these plans (Attorney Eisen stated he would have this data for the Town Commission tomorrow, 4/26/89); this matter was moved to the Regular Meeting Agenda., 89.9 Status of Solid Waste Authority Recycling Legislation Town Manager Mariano received the "Twenty Week Recycling Report" from the Solid Waste Authority. Same was placed on the clipboard in the Com- mission Room at Town Hall. The Town Manager advised that the Solid Waste Authority requested the Town enter into an Inter-local Agreement for D.E.R. grant money to further the recycling efforts throughout the County. The Town Attorney and Town Manager will review said agreement which will be submitted for possible consideration at the May 2, 1989 Regular Meeting of the Town Commission. 89.10 Drexel Property/Proposed Construction of Basin with Bulkhead and Piers The Members of the Town Commission, on the advice of the Town Attorney, agreed to place this matter on the May Workshop Meeting Agenda. MISCELLANEOUS - ITEMS LEFT OVER 1. Discussion re F.Y. 88/89 Audit Report by Coopers and Lybrand The Town Manager noted that the F.Y. 88/89 Audit Report prepared by Coopers and Lybrand, reviewed by the Financial Advisory. Board, was submitted to the Town Commission as a matter of information. REPORTS - TOWN COMMISSION Mayor Joseph A. Boulay • The Mayor reported that a check was received from Centel Cable for their share of the water tower painting expense. l j ~ r ,~ Town Commission Workshop Meeting Minutes April 25, 1989 Page 4 of 6 Mayor Boulay noted that a number of residents participated in the demon- stration conducted by the Palm Beach County Fire Department behind the Town Hall Complex on April 24, 1989. Mayor Boulay reported meeting with a number of concerned residents with regard to the noise pollution problem on the Intracoastal Waterway and noted that this particular group was scheduled to meet this morning with Major Rogers of the Florida Marine Patrol. The Mayor further noted that the residents have collected signatures on a petition that will be submitted to the legislators for their consideration. The Mayor stated that he met with the Town Manager and Mr. Turner of Mangus Nursery with regard to the Xeriscape Landscaping at the Town Hall Complex and steps will be taken to improve the area. A proclamation declaring Soil and Water Stewardship in the Town of Highland Beach will be prepared by Mayor Boulay. The following areas of special interest were assigned to the Town Commissioners by Mayor Boulay: Vice Mayor John J. Basso - Legal Department • Commissioner Doris R. Rome - Building Department Commissioner Marvin A. Waldman Water Department Commissioner Betty Jean Stewart - Beaches and Shores Vice Mayor John J. Basso With regard to the proposed park behind the Town Hall Complex, the Vice Mayor noted that something should be done; we should have a plan. Fol- lowing substantial discussion, the Town Manager was requested to make recommendations as to a citizens survey of Town residents to determine what facilities should be considered. This matter will be addressed at the May Workshop Meeting of the Town Commission. Commissioner Doris R. Rome Commissioner Rome reported meeting with Building Official Heithaus and noted that the Building Official is bringing some violations at the Third Wind into compliance. Commissioner Rome, noting the Palm Beach County Fire Department demon- stration on April 24, 1989, informed the Town Commission that there are 13 buildings in Highland Beach, with a total of 1, 000 apartments, that would have to comply with sprinkler retro-fitting. The Commissioner will look into a past review and recommendations made by a prior Town Ad Hoc Committee with regard to the Town providing fire services. • 4 ` ti .. Town Commission Workshop Meeting Minutes • April 25, 1989 Page 5 of 6 Commissioner Marvin A. Waldman No report. Commissioner Betty Jean Stewart Commissioner Stewart requested that the Town Commission consider, at the May Regular Town Commission Meeting, the hiring of Attorney Dan Rosenbaum for the Broadview matter since he is familiar with the Town's problems and has been working on the Boca Highland case.. With regard to the mechanical, electrical and plumbing fees, Commis- sioner Stewart requested that the Town Manager prepare a report, includ- ing statute provisions governing the implementation of fees, for the July Workshop Meeting of the Town Commission. Concerning Minutes of the March 28, 1989 Town Commission Workshop Meet- ing, Commissioner Stewart requested that at the very beginning of para- graph 3, page 3, the following phrase be inserted: "Upon reading of the Minutes of the March Regular Meeting". Commissioner Stewart further re- quested that the Town Commission Special Meeting Minutes of April 20, • 1989 be withdrawn from the May 2, 1989 Regular Meeting Agenda. In reply to a question raised by Commissioner Rome regarding. the use of an outside payroll service, Town Manager Mariano advised that such service was used because of its cost effectiveness. REPORTS - TOWN ATTORNEX Attorney Sliney reported that in the Drexel Management matter (Teron Property) a 'Notice of Appeal' as well as a 'Motion to stay the Appeal' has been filed pending the attempted resolution. Commissioner Stewart questioned if the transcript of the settlement conference held in West Palm Beach on April 18, 1989 was received from Attorney George Roberts. Said transcript, requested by Town Manager Mariano, has not, as of this date, been received. With regard to the Broadview matter, the Town Attorney reported that in a meeting held on Friday, April 21, 1989 (at which time the 30 day extension requested by the Town was discussed) Judge Vitunac felt that such extension was too long and directed the parties to meet separately prior to a scheduled 10:30 A.M. May 2, 1989 meeting, to see what progress was made, in the judge's chambers. Attorney Sliney suggested the Town Commission hold a Special Meeting on this matter at 1:30 P.M. on Monday, May 1, 1989. The Attorney noted that Judge Vitunac stated that if there was no agreement between the parties on May 2, 1989, she • would direct that a summary jury hear the case. 4 ~ S ~ ~ ~ Town Commission Workshop Meeting Minutes . April 25, 1989 Page 6 of 6 REPORTS - TOWN MANAGER Town Manager Mariano reported the elevation of the diesel tank at the wellfield (in compliance with the wellfield protection ordinance) was before the Boca Raton Community Appearance Board. A landscape plan, requested by the Boca Raton Community Appearance Board, will be provided as soon as possible. The Town Manager reported that with regard to construction of the cluster wells as mandated by the South Florida Water Management District permit, design and specifications are being prepared by the Town Engineers. This project may go to bid next week. Town Manager Mariano noted that Centel Cable T.V. is being sold; the Town Manager requested certain information regarding the notice provisions in the franchise. Upon receipt of this information, same will be distributed to the Town Commission. It was noted that the Town Commission does want a copy of the financial statement of the company that is taking over the Centel Cable company. There being no further business to come before the Town Commission at this time, Mayor Boulay adjourned the Workshop Meeting at 4:20 P.M. • APPROVED: I Jos~ph~A ~oyylay, Mayor ;7dhn J.~%~asso, V,~~ce Mayor --,~ - ~ - /Dor1.s R. ome, Commissioner / / %~~••~ Marvin A. Waldman, Commissioner ~,. y ~~ Be y Jean Stewart, Commissioner ATTE Date