1989.05.02_TC_Minutes_Regular,,, . .
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TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
REGULAR MEETING
Tuesday, May 2, 1989 1:30 P.M.
Mayor Joseph A. Boulay called the Regular Meeting of the Town Commission
of the Town of Highland Beach, Florida, 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, Town Manager Mary Ann
Mariano, Deputy Town Clerk Anne M. Kowals, Building Official Harry
Heithaus and members of the general public.
Following roll call, the Pledge of Allegiance was given.
ADOPTION OF AGENDA
The Town Commission amended the Agenda by placing Items 10 and 11 in a
position following Item 5 (Public Comments and Requests). MOTION by
COMMISSIONER ROME/VICE MAYOR BASSO to accept the Agenda as amended
carried unanimously.
• Approval of Minutes
The following Minutes were submitted for approval:
March 28, 1989 - Workshop Meeting
March 28, 1989 - Public Hearing/Special Meeting
April 04, 1989 - Regular Meeting
Upon questioning, Commissioner Rome was advised that the Minutes of the
March 28, 1989 Workshop Meeting were amended as per Commissioner
Stewart's request at the April 25, 1989 Workshop Meeting. Upon MOTION
by COMMISSIONER ROME/VICE MAYOR BASSO, the Minutes submitted were
approved and accepted. The MOTION carried with five favorable votes.
Proposed Resolutions and Ordinances
1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING
FOR THE ERECTION OF DUNE WALKOVER STRUCTURES; REQUIRING THE
OWNERS OF OCEAN FRONT PROPERTY TO ERECT DUNE WALKOVER
STRUCTURES OVER SAND DUNES LOCATED ON THEIR PROPERTY;
REQUIRING THE OBTAINING OF A D.N.R. PERMIT PRIOR TO
CONSTRUCTION; PROVIDING FOR EXEMPTIONS, PROVIDING FOR
ENFORCEMENT, PROVIDING FOR PROCEDURE IN THE EVENT OF COURT
DECLARED TAKING, PROVIDING AN EFFECTIVE DATE.
• The proposed ordinance, given first reading, by title only, by the Depu-
ty Town Clerk, will be on the May 30, 1989 Workshop Meeting Agenda.
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Commission Regular Meeting Minutes
i May 2, 1989
Page 2 of 5
REGULAR BUSINESS
Items Left Over
2. Discussion - re engaging the services of Attorney Dan
Rosenbaum for Broadview Litigation
This matter was was discussed briefly at the April 25, 1989 Town
Commission Workshop Meeting. COMMISSIONER STEWART/COMMISSIONER WALDMAN
made the MOTION "that we hire Dan Rosenbaum to assist us in the
Broadview case".
Mayor Boulay stated that this would be the fourth attorney that the Town
would be engaging on this case. The Mayor questioned if any thought was
given to the cost of hiring Attorney Rosenbaum. The Mayor noted that we
have opinions of three different attorneys who have the Town's interest
in mind. Continuing, Mayor Boulay stated he does not see any reason to
go along with this MOTION. At this point, Commission Stewart called for
the question; a roll call vote resulted as follows:
Commissioner Waldman "AYE" Commissioner Rome "AYE"
• Commissioner Stewart "AYE" Vice Mayor Basso "AYE"
Mayor Boulay "NAY"
1. Discussion - proposal re Plat No, 1, Camelot on the Atlantic
submitted by Robert A. Eisen, Attorney representing Ince &
Hertel Building Corporation
Building Official Harry Heithaus submitted a report with regard to the
plans submitted by Robert A. Eisen, Attorney representing Ince & Hertel
Building Corporation for Lot #1, Camelot on the Atlantic. The Building
Official explained that the plans do not comply with the Town's zoning
ordinance in the area of minimum lot width (rear north corner is 74'
rather than 80') and the side setback {they are requesting 8' rather
than 12'). The Building Official noted that the plans did not indicate
building height nor ground floor elevation. Attorney Eisen noted that
these issues are addressed in the Agreement which would be recorded in
the public records of Palm Beach County, upon execution.
In a discussion regarding the existing amenities building, Attorney
Eisen agreed they would not do any physical work on Lot #2 until the
amenities building is taken down. With regard to the Agreement, Town
Attorney Sliney requested that Section M on page 5 be amended to read:
"Reconstruction of the existing and proposed improvements for New Lot 2,
as per Exhibit C, within the approved building footprint is permitted
only after the demolition of building on Lot l."
• Commissioner Stewart questioned the ancillary kitchen referred to in
Section L on page 5. It was noted that such facilities already exist in
several single family homes in Town (i.e. Lahage; McNally).
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• Town Commission Regular Meeting Minutes
May 2, 1989
Page 3 of 5
COMMISSIONER STEWART MOVED to adopt the Agreement of the Ince & Hertel
Building Corporation as amended.
Upon Mayor Boulay requesting an opinion as to the appropriateness of the
procedure being followed by the Town Commission in this matter, the Town
Attorney noted that this property has a unique history and it is
reasonable for the Town Commission to take this action.
VICE MAYOR BASSO SECONDED THE MOVE.
follows:
A roll call vote resulted as
Vice Mayor Basso "AYE"
Commissioner Rome "AYE"
Mayor Boulay "AYE"
Commissioner Waldman "AYE"
Commissioner Stewart "AYE"
At this point, Commissioner Rome, thanked the Town Commission for amend-
ing the agenda, left the Regular Meeting at 2:20 P.M.
Public Comments and Requests
None
. REPORTS - TOWN COMMISSION
Mayor Joseph A. Boulay
Mayor Boulay reported he and Town Manager Mariano attended the Palm
Beach Municipal League Meeting in Riviera Beach. The Mayor noted that
the League adopted a proposal to increase annual fees. Following that
meeting, the Mayor and Town Manager visited James M. Montgomery Consult-
ing Engineers (the Town's Engineers) at their Lake Worth Office.
Mayor Boulay noted that he attended the Mayor's Breakfast, hosted by the
Palm Beach Preservation Board, on Friday, April 28, 1989.
Vice Mayor John J. Basso
Vice Mayor Basso noted that Town Manager Mariano, as requested at the
last Town Commission Meeting, researched the cost of mailing a survey
regarding the proposed park behind the Town Hall Complex; the Town
Manager will gather data and prepare a proposed survey for consideration
at the May 30, 1989 Town Commission Workshop Meeting.
Commissioner Doris R. Rome
No report (the Commissioner left the Meeting at 2:20 P.M.)
Commissioner Marvin A. Waldman
• Commissioner Waldman commended Vice Mayor Basso for his diligence with
regard to the proposed park project.
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• Town Commission Regular Meeting Minutes
May 2, 1989
Page 4 of 5
Commissioner Waldman, making reference to Mayor Boulay's comment with
regard to a fourth attorney being engaged in the Broadview matter,
stated that any cost expended in this litigation is well worth it and
any input Attorney Rosenbaum can give would be to the Town's advantage.
Commissioner Betty Jean Stewart
Commissioner Stewart reported that she attended the Beaches and Shores
Council Meeting on April 10, 1989 and noted that, as a result of a vote
regarding rules and procedures, the Beaches and Shores Council will no
longer require that they review dune walkovers.
REPORTS - TOWN ATTORNEY
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With regard to the Broadview Litigation, Town Attorney Sliney noted a
meeting with Judge Vitunac where both parties reported on the feelings
of their clients and Judge Vitunac indicated that she wanted a summary
jury trial. Following lengthy discussion, Judge Vitunac decided that
she wants to have an actual trial date set on date certain on the trial
calendar as soon as possible.
REPORTS - TOWN MANAGER
Town Manager Mariano reported receiving an Inter-local Agreement for
D.E.R. Grant Program from the Solid Waste Authority; the Town Manager
will forward a letter to the Solid Waste Authority advising that the
Town supports the program; however, due to the time constraints, the
Town has not been able to complete the Inter-local Agreement which was
to be returned to the Solid Waste Authority.
The Town Manager noted receipt of a letter from the Town Attorney
advising that Palm Beach County is appealing the Road and Bridge
Litigation.
Town Manager Mariano advised the Town Commission that formal verifica-
tion from the Department of Transportation approving the request for a
Fire Station Light was received and the Town Manager has contacted the
Palm Beach County Traffic Division to arrange for installation of the
1 fight .
Town Manager Mariano noted that the water rates, which have been in
effect for six months, were reviewed by the Financial Advisory Board.
The F.A.B. reported that the water rates are on target and should
continue to reflect in a positive manner.
REPORTS - BOARDS AND COMMITTEES
• Mayor Boulay noted the vacancies on the various Town Boards. MOTION by
VICE MAYOR BASSO/COMMISSIONER STEWART to appoint Jane Rayner as an
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Town Commission Regular Meeting Minutes
May 2, 1989
Page 5 of 5
Alternate Member of the Board of Adjustment for a one year term carried
without objection.
A MOTION by VICE MAYOR BASSO/COMMISSIONER WALDMAN to appoint Ben Cohen
as a Member of the Financial Advisory Board for a one year term carried
unanimously.
Chairman Keller of the Water Resources Advisory Board, addressed the
Town Commission and noted that the number one alternative suggested by
the Water Board is that the Town purchase potable water from the City of
Boca Raton. Chairman Keller inquired if the Town Commissioners shared
those feelings. The four Members present (Commissioner Rome left this
Meeting earlier) were in favor of that suggestion.
The Town Commission commended Chairman Keller and Members of the Water
Resources Advisory Board for their diligence and the efforts they put
into this matter.
CONSENT AGENDA
None.
• There being no further business to come before the Town Commission at
this time, Mayor Boulay adjourned the Regular Meeting at 3:00 P.M.
APPROVED:
ATTE
Date
Joseph ,~,: Boulay, Mayor
Jahn J~Basso, Vi Mayor
oris R. Rome, ommissioner
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Marvin A. Waldman, Commissioner
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Be y Jean Stewart, Commissioner