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1989.07.05_TC_Minutes_Regular~; .x , TOWN OF HIGHLAND BEACH,~FLORIDA • Minutes of Meeting of Town Commission REGULAR MEETING n LJ Wednesday, July 5, 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 and Betty Jean Stewart. Commis- sioner Marvin A. Waldman was absent. Also present were Town Attorney David K. Friedman, 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. Commissioner Rome, prior to the start of the Meeting, commenting on the public address system in the Commission Chambers noted that a request was made to have the system checked out. Town Manager Mariano informed the Town Commission that the system was checked and, the system prefer- red by the Commissioners which would provide a breast microphone for each person on the dais, would cost approximately $300. per unit. Vice Mayor Basso stated that for months he has been preaching with regard to this matter; the Vice Mayor directed the Town Manager to include the cost of a new public address system in the Town's budget. ADOPTION OF AGENDA Upon MOTION by COMMISSIONER ROME/VICE MAYOR BASSO, the Agenda was adopted as submitted. The MOTION carried unanimously. Approval of Minutes The following Minutes were submitted for approval: May 30, 1989 - Workshop Meeting June 06, 1989 - Regular Meeting June 16, 1989 - Special Meeting The Minutes were approved (as amended at the June 27, 1989 Workshop Meeting) upon MOTION by VICE MAYOR BASSO/COMMISSIONER ROME. The MOTION carried with favorable votes. Public Comments and Requests Dr. Pearson, resident at the Seagate Condominium, commented with regard to the problems of reckless boating and noise pollution on the Intra- coastal Waterway. Dr. Pearson also expressed his support for the rein- statement of the Town "Newsletter". CJ • Town Commission Regular Meeting Minutes July 5, 1989 Page 2 of 6 Mrs. Evelyn Houck of Russell Drive addressed the Town Commission and noted that a petition to do away with Ordinance No. 573 (which requires home owners to obtain permits through professional tree trimmers so that the owners can trim their trees) has been signed by more than 100 resi- dents. Mrs. Houck stated that if the "Newsletter" was still being sent to the Town residents, Ordinance No. 573 would not have been passed. Mr. Jose Echeverria of Russell Drive (head of the D.N.R. turtle watch program in Highland Beach) noted that the turtles are hatching and he requested that all condominiums and beach front properties cooperate with this program by keeping their lights out during this period. Mr. Echeverria also expressed his support for the Town "Newsletter". REPORTS - TOWN COMMISSION Mayor Joseph A. Boulay No report. Vice Mayor John J. Basso Vice Mayor Basso had no report; however, he questioned the Town Manager with regard to the Contract Post Office which, he stated, is operating at a deficit. The Vice Mayor urged the Town Manager to continue communicating with the U. S. Postal Department with regard to this matter. Town Manager Mariano noted that, two years ago, the Town did receive an increase from the Postal Department. The Vice Mayor questioned the Town Manager with regard to the Town's request to the Florida Department of Transportation for a flashing light to be installed in the area of the Fire Station. The Town Manager advised that the D.O.T. is working that matter into their budget and same should go forward early October. Commissioner Doris R. Rome Commissioner Rome acknowledged receipt of a memo dated 6/15/89 from the Building Official with regard to the DiNegris Townhouses. The Commissioner questioned the fact that the Town Attorney submitted a proposed amendment to the Town Code of Ordinances to allow settlement of litigation to the Planning Board without a directive from the Town Commission (it was Commissioner Rome's understanding that any Town Com- mission settlement approval would by-pass all of the Town Boards). At- torney Friedman advised that Town Code of Ordinances is being revised so that the Planning Board and the Community Appearance Board would have • in-put unless the agreement between the Town and the developer provides otherwise. Attorney Friedman noted that the Planning Board will review this matter at a Public Hearing on July 12, 1989 at 9:30 A.M. . Town Commission Regular Meeting Minutes July 5, 1989 Page 3 of 6 In response to Commissioner Rome's inquiry, the Town Manager informed the Town Commission that Attorney Rosenbaum advised that he will submit a written opinion on the Broadview matter by July 14, 1989. Attorney Friedman noted that the actual content of Attorney Rosenbaum's letter will most likely be exempt from public records. It was noted that the Town Commission should await the receipt of the written opinion from Attorney Rosenbaum prior to scheduling a meeting for discussion of this litigation. Commissioner Marvin A. Waldman Absent - no report. Commissioner Betty Jean Stewart Commissioner Stewart reported attending the June 12, 1989 meeting of the Beaches and Shores Council at which meeting an ocean-front property owner's request to remove dune vegetation and replace it with seaoats was denied. The Commissioner noted that the Beaches and Shores Council adopted the Shoreline Management Plan Atlas and Guidelines which will be used along beach areas in Palm Beach County. REPORTS - TOWN ATTORNEY Town Attorney David K. Friedman reported that the Town's revisions in the Boca Highland Settlement Agreement were approved by the Counsel for Citicorp and the sale of the property is scheduled for closing on the 14th of July. The Town Attorney advised the Town Commission that with regard to the Broadview matter, Judge Zloch denied Broadview's Motion for a summary j udgement . REPORTS - TOWN MANAGER Town Manager Mariano reported that the Town is expecting receipt of bids for the removal of the Australian Pine Trees behind the Town Hall complex on July 7, 1989; the Town Manager will submit a report on this matter at the July 25, 1989 Workshop Meeting of the Town Commission. Responding to Commissioner Rome's question, the Town Manager advised the Town Commission that the Municipal Code Corporation is working on a manuscript of the Town's Code of Ordinance and receipt of same is expected by mid-August. REPORTS - BOARDS AND COMMITTEES Mayor Boulay noted that an Alternate Member vacancy exists on the Com- munity Appearance Board and the Planning Board - a Regular Member vacan- cy exists on the Water Advisory Resources Board. The Mayor further Town Commission Regular Meeting Minutes July 5, 1989 Page 4 of 6 noted that three Talent Bank Applicants were interviewed by the Town Commission at the June 27, 1989 Workshop Meeting. Mayor Boulay requested nominations; none were forthcoming from the Town Commissioners. PROPOSED RESOLUTIONS AND ORDINANCES 1. 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 (given first reading on 6/6/89 was published on 6/16/89) was read in its entirety by the Deputy Town Clerk. A MOTION was made by COMMISSIONER ROME/VICE MAYOR BASSO adopting the ordinance. A roll call vote resulted as follows: Vice Mayor Basso "AYE" Commissioner Rome "AYE" Commissioner Stewart "AYE" Mayor Boulay "AYE" • 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE TOWN CODE OF THE TOWN OF HIGHLAND BEACH, CHAPTER 28-1/2 ENTITLED "TREES, SHRUBS AND VEGETATION", SECTION 28-1/2-15 ENTITLED "PERMIT REQUIRED" TO INCLUDE TREE ABUSE PROVISIONS. The proposed ordinance was given first reading, by title only, by Mayor Boulay. This matter will be placed on the Agenda for the July Workshop Meeting of the Town Commission. REGULAR BUSINESS Items Left Over 1. Discussion re DiNegris Townhouses (4517 South Ocean Boulevard) Town Lot No. 16. COMMISSIONER STEWART, noting that she found no fault with the plans, MOVED that they be approved. COMMISSIONER ROME seconded the MOVE which was favorable to all Members present. 2. Discussion re "Newsletter". A discussion regarding the "Newsletter" was held. Mayor Boulay noted that he is still in the process of researching the matter. Commissioner Rome questioned who would write the "Newsletter"; who would edit it; how • often it would be written, etc. The Commissioner stated that she had no objection to a "Newsletter"; however, residents should realize that, due Town Commission Regular Meeting Minutes July 5, 1989 Page 5 of 6 to rising costs, the Town may have to raise the millage rate and the Commissioner wondered if residents would want to receive this "News- letter" if it would cost them $5 per copy. When Commissioner Stewart questioned if the Library tried putting out any publication inasmuch as they do receive Town funds, Mrs. Martell, president of the Friends of the Library, addressed the Commission and noted that the Library does not get that much money from the Town. Mrs. Mantell noted that the Library does have programs and there is no way of informing the resi- dents about such programs; the Library is staffed by volunteers who should not be expected to do what the Town should be helping the Library to do. Mrs. Mantell stated that the Town "Newsletter" would be great and the Friends of the Library are hoping the Town Commission will approve same. Mr. Frank Spadafina, a Highland Beach resident, addressed the Town Commission and noted that he had seen a sample copy of the "Newsletter" which he found very informative. In conveying his support of such a publication, Mr. Spadafina said he thinks the "Newsletter" is very important to the people of Highland Beach. CONSENT AGENDA None. There being no further business to come before the Town Commission at this time, MOTION was made by COMMISSIONER STEWART/COMMISSIONER ROME to adjourn the Meeting. Mayor Boulay adjourned the Regular Meeting of the Town Commission at 2:25 P.M. APPROVED: • Town Commission Regular Meeting Minutes ,~ July 5, 1989 Page 6 of 6 Doris R. Rome, Commissioner (Absent) Marvin A. Waldman, Commissioner Be y Jean Stewart, Commissioner ~7 ATTEST: ~~ Date : 1/~ o / & q •