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
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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
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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.
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Town Commission Workshop Meeting Minutes
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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.
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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.
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Town Commission Workshop Meeting Minutes
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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.
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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.
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APPROVED: I
Jos~ph~A ~oyylay, Mayor
;7dhn J.~%~asso, V,~~ce Mayor
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/Dor1.s R. ome, Commissioner
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Marvin A. Waldman, Commissioner
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Be y Jean Stewart, Commissioner
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