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1989.06.06_TC_Minutes_Regularr * a ~ S• TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, June 6, 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 and members of the general public. Following roll call, the Pledge of Allegiance was given. Adoption of Agenda MOTION was made by COMMISSIONER STEWART/COMMISSIONER ROME to adopt the Agenda as submitted. The MOTION carried unanimously. Approval of Minutes The following Minutes were submitted for consideration: April 17, 1989 - Special Meeting April 20, 1989 - Special Meeting april 25, 1989 - Workshop Meeting May 02, 1989 - Regular Meeting When Commissioner Rome questioned that portion of the April 25, 1989 Workshop Meeting Minutes relating to the Mayor's assignments, the Deputy Town Clerk stated that in a discussion of said minutes at the May 30, 1989 Workshop Meeting it was the consensus of the Town Commission that the April 25, 1989 Minutes should read: The following areas of special interest were assigned to the Town Commissioners by Mayor Boulay.. Commissioner Stewart requested changing "history" to "agreement" on page 3, line 3 of the April 25, 1989 Workshop Meeting Minutes. A MOTION by COMMISSIONER ROME/NICE MAYOR BASSO to adopt the Minutes as corrected carried unanimously. Public Comments and Requests The following residents of Russell Drive addressed the Town Commission to voice their opposition to the proposed dune walkover ordinance under consideration at this Regular Meeting: Jose Echeverria, Evelyn Houck and William Paul. • Town Commission Regular Meeting Minutes June 6, 1989 Page 2 of 7 Dr. Edwin Pearson, a resident at Seagate of the Town Commission with regard to speeding the Intracoastal Waterway. Dr. Pearson was a previous "No Wake" Committee and it was s that committee with regard to the status of Highland Beach, addressed boats and noise pollution on advised that there had been uggested that he check with this matter. Mr. Del Hanley, Assistant Manager at Centel Cable T.V., addressed the Town Commission regarding fencing around their facilities behind Town Hall. It was the consensus of the Town Commission that the fencing should be installed as soon as possible and a "Letter of Intent" to provide landscaping in the area at some future date be submitted to the Town. Mr. Hanley stated that Centel would comply with the wishes of the Town Commission. Mr. Hanley noted that Centel was having problems with the generator in Town; they have done away with the telephone answering service and their employees are now answering the phones; the Oak Circle office in Boca Raton is open five days a week; new channel indexes will be included with the next billing; and, Centel is in the process of adding more channels in this area. REPORTS - TOWN COMMISSION Mayor Joseph A. Boulay Mayor Boulay read a statement into the minutes with regard to the long term water supply problems and noted that the Town Commission must ad- dress this matter. The Mayor stated that the Water Resources Advisory Board will not schedule a meeting until they receive some direction from the Town Commission. A discussion of this matter was scheduled by Mayor Boulay for the Workshop Meeting on June 27, 1989. Mayor Boulay informed the Town Commission that a "Mayor's Newsletter" will be going out with the park survey. The Mayor stated that if any Town Commissioner wanted to include anything of interest to the Town residents, he would be glad to do so. The Mayor noted that the Trustees of the Retirement Board will meet on Tuesday, June 27, 1989 prior to the Town Commission Workshop Meeting; Commissioner Rome and Ethel Lenhardt, Building Department Secretary, have agreed to serve on this Board. Mayor Boulay noted that a special meeting of the Town Commission has been scheduled, at the request of Attorney Dan Rosenbaum, for Friday, June 16, 1989 at 12:081 Noon to discuss the Boca Highland litigation. The Mayor stated that at the June Workshop Meeting, it is his intention to submit a proposed amendment to Ordinance 573 (Tree Trimming Ordi- nance) that would allow individual property owners to maintain their grounds. Commissioner Rome requested that the Town Commissioners, prior • Town Commission June 6, 1989 Page 3 of 7 Regular Meeting Minutes to the Workshop Meeting, receive a copy of the original ordinance with the proposed amendment to allow Members to study the issue before the meeting. Vice Mayor John J. Basso No report. Commissioner Doris R. Rome No report. Commissioner Marvin A. Waldman No report. Commissioner Bettv Jean Stewart Commissioner Stewart reported on the May 8, 1989 Meeting of the Palm Beach County Beaches and Shores Council and noted that four communities • in Palm Beach County, one of which is Delray Beach, will be taking part in beach restoration. Commissioner Stewart asked Attorney Sliney if all work was completed with regard to the Comprehensive Plan and the rezoning of certain properties in Town. Attorney Sliney noted that rezoning of the entire Town, in compliance with the submitted Comprehensive Plan, would occur following receipt of comments from the Florida Department of Community Affairs and the subsequent adoption of the Comprehensive Plan by the Town Commission. Relative to the Mayor's intention to mail out a "Newsletter", Commis- sioner Stewart commented that she did not think any Town Commission should give up to any one person this item without discussion; before a publication is mailed out, it should be discussed by the Town Commis- sion. Following substantial discussion, it was agreed that same would be addressed at the June 27, 1989 Workshop Meeting. REPORTS - TOWN ATTORNEY Attorney Sliney reported on settlement negotiations in the Boca Highland litigation and recommended that the Town Commission authorize the filing of "MOTION TO CONTINUE" in this matter. MOTION was made by COMMISSIONER WALDMAN/COMMISSIONER ROME to vote to continue the Boca Highland case as the Attorney so stated. The MOTION carried unanimously. ~ si With regard to the Drexel Investment matter, Attorney Sliney noted that he conferred with Drexel's Attorney Deuschle relative to overall zoning; they are scheduled to meet on Thursday (June 8) to pursue that matter. Town Commission Regular Meeting Minutes June 6, 1989 Page 4 of 7 Regarding Highland Ocean Associates (Teron International/Royal Highlands), Attorney Sliney reported that he is working with Attorney Schulman, representing Highland Ocean Associates, on various documents for settlement which will be submitted shortly to the Town Commission for review. REPORTS - TOWN MANAGER Town Manager Mariano reported that the Bougainvillea plants in front of Town Hall will be replaced with the originally planned Ixora Nora Grant. Five price quotes were solicited; only three price quotes were received. The Town Manager noted that funds to cover this expense are available in the "Improvements Other than Building" Account. Town Manager Mariano recommended the contract be awarded to Mangus Nursery, the installer of the original Xeriscape Landscaping at Town Hall. COMMISSIONER ROME made the MOTION to suggest that the Town Commission go along with the Town Manager's proposal regarding the landscaping in front of Town Hall. The MOTION, seconded by COMMISSIONER STEWART, carried unanimously. REPORTS - BOARDS AND COMMITTEES Mayor Boulay noted existing vacancies on the Town Boards. Talent Bank Applicant Yvonne Marie Petritz, in the audience, stated she would like to be an Alternate Member on the Planning Board. 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 was given first reading on May 2, 1989 and was published on May 19, 1989. Following substantial discussion, it was the consensus of the Town Commission that the proposed ordinance should be amended as follows: Section 2 reads "All owners of ocean front proper- ty" shall etc.; Section 4 was amending by deleting the first sentence, the first two words of the second sentence as well as the entire last sentence. The fy4st sentence of this section now reads "The Town Commission may grant an exemption to any property owner that submits sufficient proof to the Highland Beach Town Commission that the dune over which the elevated walkover structure is to be built is not in need of any protection due to an existing in -ground stairs or lack of pedestrian traffic over the dune. (Underlined words were added to the sentence). 1 ~ ' • Town .Commission Regular Meeting Minutes June 6, 1989 Page 5 of 6 The Deputy Town Clerk read the proposed ordinance in its entirety. A MOTION was made by COMMISSIONER ROME/COMMISSIONER WALDMAN to adopt this ordinance as corrected and as read. Mayor Boulay commented that, before a vote is taken on the motion, the residents should be aware that there is an ordinance on the books that addresses the problem of destruction of the dunes. At this point, Vice Mayor Basso called for the question and a roll call vote was taken. Commissioner Waldman "AYE" Commissioner Rome "AYE" Mayor Boulay "NAY" Commissioner Stewart "AYE" Vice Mayor Basso "AYE" 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, RELATING TO OFFICERS AND EMPLOYEES OF THE TOWN; PROVIDING FOR THE - DEFENSE AND INDEMNIFICATION OF ANY OFFICER OR EMPLOYEE OF THE TOWN IN ANY COURT ACTION AGAINST THE OFFICER OR EMPLOYEE RELATING TO HIS OR HER PERFORMANCE OF DUTIES; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. The proposed ordinance was given first reading by title only by Mayor • Boulay. This matter will be placed on the June 27, 1989 Workshop Agenda for discussion. 3. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REQUESTING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION TO PROVIDE FOR STATE FUNDING SOURCES FOR MUNICIPALLY SUPPORTED PUBLIC LIBRARIES. The Deputy Town Clerk read the proposed resolution in its entirety. A MOTION to adopt the resolution, made by VICE MAYOR BASSO/COMMISSIONER STEWART carried unanimously with favorable votes. REGULAR BUSYNESS Items left over 1. Discussion re Park Survey Town Manager Mariano stated that the matter of the park survey is open for further discussion. It was suggested that, with regard to the return of the survey, a specific date be used rather than 'within thirty (30) days'. The Town Manager noted that the labels from the Tax Appraisers office have been requested and should arrive at Town Hall by the end of next week (the week of June 12). 2. Discussion re Van Duren/Chernalis release of • Unity of Title • Town Commission Regular Meeting Minutes June 6, 1989 Page 6 of 7 Mr. Bill Watson, authorized representative of Van Duren/Chernalis, ad- vised the Town Commission that, as suggested by Town Attorney Friedman, a letter was submitted to Attorney Friedman confirming agreement that recording of the release of Unity of Title will be withheld until the south 15' of the dock on Lot 4, Block 2, Bel Lido Sub-division, is removed and inspected by Building Official Heithaus. Following discussion of this matter, COMMISSIONER WALDMAN/VICE MAYOR BASSO made a MOTION to approve the release of Unity of Title on Lot 4, Block 2, Bel Lido, owned by Van Duren/Chernalis be approved with two conditions being met: the release of Unity of Title be held in escrow until the 15' dock is removed and a letter authorizing Bill Watson to represent the property owners (as requested at the May Workshop Meeting) is submitted to the Town. The MOTION carried unanimously. CONSENT AGENDA 1. Waive Community Appearance Board Review Fees re ool fencing mandated by insurance com anies. • 2. Approval of permit for 6 month extension of Boca Highland sales office with conditions that ro erty is to be properly maintained and that said office is not to be utilized. A MOTION by COMMISSIONER STEWART/VICE MAYOR BASSO to approve the Consent Agenda carried unanimously with favorable votes. There being no further business to come before the Town Commission at this Regular Meeting, MOTION made by COMMISSIONER STEWART/COMMISSIONER WALDMAN to adjourn the meeting carried unanimously. Mayor Boulay adjourned the Regular Meeting of the Town Commission, Town of Highland Beach, Florida, at 3:15 P.M. APPROVED: Josep7p A. Boulay, Mayor i~ ~~ asso, Vice Mayor • I ~ •~ . 1 ' ! r, ... Town Commission Regular Meeting Minutes June 6, 1989 Page 7 of 7 Doris R. Rom Commissioner M r in A. Waldman, Commission Be y Jean Stewart, Commissioner ATTE Date l__I