1989.08.15_TC_Minutes_Special.•
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TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
SPECIAL MEETING
Tuesday, August 15, 1989 1:33 P.M.
Mayor Joseph A. Boulay called the Special Meeting of the Town Commission
of the Town of Highland Beach to order in the Commission Chambers at
Town Hall at 1:33 P.M. (It was noted that this Special Meeting was
scheduled in lieu of the August 1, 1989 Regular Meeting of the Town
Commission which was recessed due to a lack of a quorum.) Others in
attendance 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 Clerks Anne M. Kowals and Doris M. Trinley
and members of the general public.
Following roll call, the Pledge of Allegiance was given.
Adoption of Agenda
The Agenda was amended to include the "Reverse Osmosis Study" under
Items Left Over - Regular Business; the second proposed ordinance under
• Item 10 was deleted; under Reports - Boards and Committees, it was noted
that an Alternate Member vacancy exists on the Board of Adjustment. A
MOTION was made by COMMISSIONER ROME/VICE MAYOR BASSO to adopt the
agenda as corrected. Same carried unanimously.
Approval of Minutes
The following Minutes were submitted for consideration:
June 27, 1989 - Workshop Meeting
July 05, 1989 - Regular Meeting
With regard to the Minutes of June 27, 1989, MOTION was made by COMMIS-
SIONER STEWART/VICE MAYOR BASSO to hold approval of same in abeyance in
order to check a statement which was have to been made by Commissioner
Stewart. Same carried without objection.
The Minutes of July 05, 1989 were approved, as corrected, upon MOTION by
COMMISSIONER ROME/VICE MAYOR BASSO. The MOTION carried.
Public Comments and Requests
Ms. Betty Dodd, President of Aberdeen Arms Condominium at 475 South
Ocean Boulevard, addressed the Town Commission regarding the Town's
Permit Fee Schedule relative to the mandated retrofitting of fire
sprinklers in thirteen condominium buildings in Highland Beach. It was
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• Town Commission Special Meeting Minutes
August 15, 1989
Page 2 of 5
the consensus of the Town Commission that the Palm Beach County Fire
Inspection and Plan Review Division of the Fire Marshall's Office be
authorized to handle this matter within all buildings in the Town. A
MOTION to that effect, made by COMMISSIONER STEWART/VICE MAYOR BASSO,
carried without objection. The matter of the Permit Fee Schedule will
be placed on the August Town Commission Workshop Meeting Agenda.
Mrs. Sadie Spadafina, llg5 Russell Drive, representing residents of
Highland Beach Isles, expressed concern relative to an easement located
on the vacant parcel formerly known as Royal Highlands/Teron Interna-
tional, adjacent to the Ambassadors South, which is the beach access
used by those residents. Mrs. Evelyn Houck of Russell Drive expressed
the same concern. It was the consensus of the Town Commission that this
is a matter involving the new owners of that property and the Highland
Beach Isles residents; it does not involve the Town. The Town
Commission suggested that the Highland Beach Isles representative meet
with Building Official Heithaus in order to get full particulars on the
property in question (Highland Ocean Associates/aka Royal Highlands-
Teron International) and proceed from that point.
REPORTS - TOWN COMMISSION
• Mayor Joseph A. Boulay
Mayor Boulay noted receipt of a letter from the Mayor of Palm Beach
regarding the seven single member districts being proposed in Palm Beach
County. This matter will be placed on the Agenda for further discussion
at the August Town Commission Workshop Meeting.
The Mayor further noted receipt of a letter from Boca Raton's Mayor
regarding a resolution urging the Board of County Commissioners of Palm
Beach County to extend the local-option tax on motor fuels and special
fuels. Same will be placed on the Agenda for the August Town Commission
Workshop Meeting.
Vice Mayor John J. Basso
No report.
Commissioner Doris R. Rome
Commissioner Rome had no report. The Commissioner requested that the
monthly Boards' Agenda Report submitted to the Town Commission be more
specific particularly with regard to the Code Enforcement Board actions.
Commissioner Marvin A. Waldman
No report.
Commissioner Betty Jean Stewart
No report.
Town Commission Special Meeting Minutes
August 15, 1989
• Page 3 of 5
REPORTS - TOWN ATTORNEY
Town Attorney Sliney reported that the Boca Highland Agreement with the
Town was finally signed by all attorneys; the property owner will
conclude the business aspects of the agreement. Attorney Sliney further
reported that the Broadview Savings and Loan litigation has been re-
scheduled to a December 8th calendar call.
REPORTS - TOWN MANAGER
Town Manager Mariano deferred her report to the August 29, 1989 Workshop
Meeting of the Town Commission.
REPORTS - BOARDS AND COMMITTEES
Mayor Boulay noted the various vacancies on the Town Boards. The Town
Commission took the following action:
COMMISSIONER STEWART/VICE MAYOR BASSO MOVED to reappoint
Robert Selby to a one year term as an Alternate Member of
the Board of Adjustment. The MOVE carried unanimously
MOTION by COMMISSIONER STEWART/COMMISSIONER WALDMAN to appoint
• Arthur Kiefer to a one year term as an Alternate Member of
the Planning Board carried without objection.
COMMISSIONER STEWART/VICE MAYOR BASSO made a MOTION to appoint
Irwin Rome as a Regular Member of the Water Resources Advisory
Board. Commissioner Rome abstained from voting. The MOTION
received four "AYE" votes.
PROPOSED RESOLUTIONS AND ORDINANCES
1 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 received first reading on 7/5/89 and was
published on 7/14/89. Following brief discussion, MOTION to adopt this
ordinance was made by VICE MAYOR BASSO. COMMISSIONER ROME seconded the
MOTION and noted she did so for the purpose of voting on the proposed
ordinance. Commissioner Stewart did not vote on this matter as she
departed from the chambers during the roll call vote which resulted as
follows:
Commissioner Waldman AYE Commissioner Rome NAY
Vice Mayor Basso AYE Mayor Boulay .AYE
~e MOTION carried.
• Town Commission Special Meeting Minutes
August 15, 1989
Page 4 of 5
2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING CHAPTER 3(d OF THE CODE OF ORDINANCES OF THE
TOWN OF HIGHLAND BEACH, FLORIDA, TO ALLOW SETTLEMENT
OF LITIGATION; PROVIDING FOR APPROVAL OF SETTLEMENTS
BY RESOLUTION AFTER PUBLIC HEARING; PROVIDING FOR
EXCLUSIVE JURISDICTION OVER SUCH SETTLEMENTS BY TOWN
COMMISSION; PROVIDING FOR A METHOD OF JUDICIAL REVIEW;
PROVIDING SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR CONFLICT RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
In amending the Agenda during the early part of this Special Meeting,
the above ordinance was deleted. Same was given first reading at a
Special Meeting on July 27, 1989, was published on August 9, 1989 and
will be discussed at the August 29, 1989 Workshop Meeting with formal
consideration scheduled at a Special Meeting which is to be held in
conjunction with the August 29, 1989 Workshop Meeting.
3. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, SUPPORTING THE ESTABLISHMENT
• OF RULES AND REGULATIONS AND SAFEGUARDS TO PROTECT THE
AMERICAN FLAG FROM DESECRATION.
The proposed resolution was read in its entirety by Deputy Town Clerk
Kowals. MOTION to approve same, made by VICE MAYOR BASSO/COMMISSIONER
ROME, carried without objection.
Although this was not an Agenda Item, Commissioner Waldman brought up
the matter of the proposed reclarification of settlement agreement
regarding the Highland Ocean Associates Property. Attorney Schulman,
representing Highland Ocean Associates, was present at this meeting.
Following discussion, it was noted that the attorneys for both parties
will work to revise the language of paragraph 9 of the agreement to
assure that the Town of Highland Beach will be free from any liability
with regard to the existing easements on the property. Commissioner
Stewart requested copies of the proposed ordinance and reclarification
of settlement stipulation documents regarding the Highland Ocean Asso-
ciates Property which had been submitted by the Town Attorney. Further
discussion of this matter will take place at the August 29, 1989
Workshop Meeting of the Town Commission.
REGULAR BUSINESS
Items left over
• 1. Proposal for reverse osmosis study submitted by
J. M. Montgomery Engineers
The proposal for reverse osmosis study submitted by J. M. Montgomery,
discussed at length during today's Workshop Meeting held for the review
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Town Commission Special Meeting Minutes
August 15, 1989
Page 5 of 6
of the Comprehensive Plan, was briefly discussed. It was the consensus
of the Town Commission that the J. M. Montgomery proposal of June 22,
1989, for the reverse osmosis study at a cost of $10,000. be approved
with an addendum (to include a proposal to have the reverse. osmosis
plant on site in the Town of Highland Beach, a proposal for the cost
factors to put another water line under the Intracoastal Waterway and
address any environmental concerns that the engineers think pertinent)
at an additional cost, being submitted by J. M. Montgomery for approval
by the August 29, 1989 Town Commission Workshop Meeting. MOTION by
COMMISSIONER ROME/COMMISSIONER WALDMAN to adopt the proposal at a cost
of $10,000. with the requested addendum being submitted by the August
Workshop Meeting for approval, carried without objection.
There being no further business to come before the Town Commission at
this Special Meeting, MOTION was made to adjourn same. Mayor Boulay
adjourned the Special Meeting at 2:40 P.M.
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APPROVED:
Josh A. Bo,~la~, Mayor
n J. sso, Vie Mayor
Doris R. Rdm~, °Commissioner
~` a in A. Waldman, Commissioner
Bet Jean Stewart, Commissioner
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