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1989.12.05_TC_Minutes_Regular. .- • TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING • Tuesday, December 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 in the Commission Chambers at Town Hall at 1:30 P.M. 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 The Agenda was amended to include, after the Consent Agenda, a discus- sion re settlement letter from Attorney Dan Rosenbaum. A MOTION by COMMISSIONER ROME/VICE MAYOR BASSO to adopt the Agenda as amended car- ried without objection. Approval of Minutes The following Minutes were submitted for approval: October 31, 1989 - Workshop Meeting October 31, 1989 - Public Hearing/Special Meeting November 7, 1989 - Regular Meeting A MOTION was made by COMMISSIONER ROME/VICE MAYOR BASSO to approve the Minutes as amended. The MOTION carried unanimously. Public Comments and Requests Mr. John Rand, a resident in the Bel Lido sub-division, noted that he submitted a Talent Bank Application for possible appointment to the Financial Advisory Board; however, he stated he would be willing to serve on any Board where his qualifications are needed. Highland Beach resident Arlin Vorees addressed the Town Commission-with regard to his Talent Bank Application for a position on the Water Resources Advisory Board. Mr. Vorees advised that he is willing to serve on any Board where his qualifications would be required. REPORTS - TOWN COMMISSION • Town Commission Regular Meeting Minutes December 5, 1989 Page 2 of 6 Moor Joseph A. Boulay With regard to the water main break that occurred on November 30, 1989, Mayor Boulay commended the efforts of the water plant personnel, Harvel Engineering, Town Manager Mary Ann Mariano and the Police Officers on duty, all of whom performed in a most efficient and professional manner under very trying circumstances. The Mayor extended thanks and appreciation to all for a job well done. Mayor Boulay reported meeting with people from Tallahassee with regard to the problems of reckless boating and speed limits on the Intracoastal Waterway and they will attempt to schedule a public hearing on this matter in South County. The Mayor noted that the Members of this Committee are very sensitive to the problems of the manatee and the Mayor requested that sightings of the manatee in the Intracoastal Waterway be documented with dated photographs. Vice Mayor John J. Basso Vice Mayor Basso suggested an increase in the honorarium for Town Board Members from $20. per meeting to 525. per meeting. The Town Commission will consider this matter at the December 26, 1989 Workshop Meeting at which time the Town Manager will give a budgetary report. Commissioner Doris R. Rome Commissioner Rome had no report, however, she directed a comment to the Sun Sentinel reporter noting that the article regarding the Highland Beach water main break was printed on the the side of a page while a second big article regarding oleanders received a more prominent location and the Commissioner wondered just how wise the Sun Sentinel is in what they write and what they publish. Commissioner Marvin A. Waldman Commissioner Waldman questioned what steps are being taken to have the Town compensated for damages, inconveniences, etc., encountered as a result of the water main break. Town Manager Mariano informed the Town Commission that all damages and Town administrative expenses will be paid by the construction company responsible for the accidental water main break. The Town Manager and Town Attorney will be reviewing this matter for any recommendations regarding legal action against the contractor. Commissioner Betty Jean Stewart Commissioner Stewart attended the November 13, 1989 Beaches and Shores Council Meeting at which Paul Davis of Palm Beach County Department of • Environmental Resource Management reported on Sea Turtles (citizens are requested to call 355-4011 to report any stranded or injured turtles) and noted that new rules are being prepared with regard to shrimp nets. Commissioner Stewart distributed printed matter re manatees which was received from Mr. Davis. c Town Commission Regular Meeting Minutes December 5, 1989 Page 3 of 6 Commissioner Stewart noted there will be additional beach clean-ups scheduled to remove trash from the beaches. The Commissioner further noted that in 1991, Delray Beach will undergo a beach renourishment program that will be funded by Federal, State and Local Governments. REPORTS - TOWN ATTORNEY Town Attorney Sliney noted that he is in the process of completing the 1989 audit report regarding Town litigation and claims. The Attorney advised that new litigation has been filed regarding a dispute involving a wall at the North end of Town. Attorney Sliney noted that we have not been served as yet. REPORTS - TOWN MANAGER Town Manager Mariano advised the Town Commission that a letter of resignation was received from Chief Accounting Officer Stanley Novak. The resignation will take effect on 1/2/90. Town Manager Mariano, noting the passing of Planning Board Alternate Member Robert Gregerson, advised the Town Commission that a plant was forwarded to Mrs. Gregerson on behalf of the Commission Members. REPORTS - BOARDS AND COMMITTEES Mayor Boulay noted the existing vacancies on the various Town Boards. VICE MAYOR BASSO/COMMISSIONER ROME MOVED to reappoint David Augenstein to a three year term as a Regular Member of the Board of Adjustment. The MOVE carried unanimously. The Town Commission was informed by Town Manager Mariano that Community Appearance Board Alternate Member Merton Rubin requested that he be considered for an appointment to the Code Enforcement Board. A MOTION was made by COMMISSIONER STEWART/COMMISSIONER ROME appointing Merton Rubin to the Code Enforcement Board as a Regular Member for a three year term. The MOTION carried without objection. PROPOSED ORDINANCES AND RESOLUTIONS 1. AN ORDINANCE AMENDING SECTION 3.05 OF THE CHARTER OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ENTITLED "SALARIES OF COMMISSIONERS AND MAYOR RESTRICTED". The proposed ordinance, given first reading on 11/7/89 and published on • 11/17/89, was read in its entirety by the Deputy Town Clerk. MOTION was made by COMMISSIONER ROME/COMMISSIONER WALDMAN to adopt the ordinance as read. The MOTION carried with all "AYE" votes. Town Commission December 5, 1989 Page 4 of 6 Regular Meeting Minutes 2. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REQUESTING THE BOARD OF COMMISSIONERS OF PALM BEACH COUNTY NOT TO ACCEPT THE PROPOSED MERGER OF THE THREE COASTAL FIRE-RESCUE MUNICIPAL SERVICE TAXING UNITS (MSTU'S); REQUESTING THE BOARD OF COMMISSIONERS OF PALM BEACH COUNTY TO MAINTAIN THE EQUITABILITY OF THE CURRENT MSTU TAXING DISTRICTS. The Deputy Town Clerk read the proposed resolution in its entirety. A MOTION was made by VICE MAYOR BASSO/COMMISSIONER STEWART to adopt the resolution. Commissioner Rome then suggested several amendments to the resolution. A MOTION to accept the amendments was made by COMMISSIONER STEWART/VICE MAYOR BASSO. A roll call vote resulted in unanimous approval of the amended MOTION. REGULAR BUSINESS Items Left Over 1. Bike Path Engineering Study (Gee & Jenson) Town Manager Mariano submitted a memorandum dated 12/5/89, with an attached proposal from Lindahl, Browning, Ferrari and Hellstrom, Inc., to the Town Commission. The Town Manager noted that said proposal was received the morning of 12/5/89. The Town Commission discussed the bike path engineering proposals submitted by Gee & Jenson and Lindahl, Browning, Ferrari and Hellstrom, Inc.. It was the suggestion of the Town Manager that the Town Commission accept the proposal submitted by Gee & Jenson for Phase I at a sum of $5,000.00. Following discussion, MOTION was made by VICE MAYOR BASSO/COMMISSIONER ROME to accept the proposal of Gee & Jenson for Phase I (which is to include video tape plus photos, where necessary) and a prioritized listing of recommenda- tions. The MOTION carried with all favorable votes. 2. Development request for 3425 South Ocean Boulevard (Town Lot 90) submitted b~ Mark Rothenberg Following discussion of development request submitted by Mark Rothenberg and his associate Morris Rickel for Town Lot 90 (3425 South Ocean Boulevard) it was the consensus of the Town Commission that this matter should be reviewed by the Planning Board with regard to the density to assure that it is not inconsistent with their intentions upon reviewing the zoning code. 3. Town Seal Discussion Following discussion relating to the Town Seal, a MOTION was made by COMMISSIONER ROME/COMMISSIONER WALDMAN to proceed with the enlarging of the interior design of the seal removing the Town of Highland Beach, Town Commission Regular Meeting Minutes December 5, 1989 Page 5 of 6 Florida, leaving incorporated 1949 in, raising and enlarging the trees, sun and boat. All Members were in favor of the MOTION. 4. Chambers Auditorium Seating Town Manager Mariano noted that she was unable to secure a "sample 2" padded, fabric covered chair" as requested at the last Town Commission Workshop Meeting. The Town Commission discussed the matter of chamber seating at length. Commissioner Stewart noted that for long term investment, she would opt for theatre chairs. It was agreed that the matter of theatre chairs should be researched; this matter will be discussed at a later date. 5. Bel Lido Entrance Improvements Town Manager Mariano noted that, at the request of the Town Commission, the Bel Lido Property Owners Association submitted a letter stating they would assume total responsibility for maintaining the stucco covered wall at the Bel Lido Entrance way. It was further noted that the Community Appearance Board reviewed the plans for the proposed improvements to the Bel Lido Entrance way and made a recommendation to . allow the Association to proceed with said improvements. Following discussion, COMMISSIONER STEWART MOVED to allow the Bel Lido Property Owners Association to proceed with the improvement of the entrance way. COMMISSIONER ROME amended said MOTION to include "that they maintain this wall in the future as to restuccoing and re-painting at their expense". COMMISSIONER STEWART accepted the amendment to the original MOTION which was then SECONDED by COMMISSIONER WALDMAN. All Members were in favor of the MOTION as amended. CONSENT AGENDA 1. Approval of retention of Michael P. Walther, P.E. Coastal Tech, expert witness ,re Drexel Investments at a fee not to exceed $6,000.00 COMMISSIONER STEWART/COMMISSIONER ROME MOVED to approve the Consent Agenda. The MOTION carried without objection. The Town Commission reviewed privileged correspondence from Co-Counsel Dan Rosenbaum and directed Attorney Rosenbaum to forward the letter to Broadview's Attorneys after directed amendments were made. There being no further business to come before the Town Commission at this time, upon proper MOTION, Mayor Boulay adjourned the Regular Meeting of the Town Commission at 3:05 P.M. J ~ Town Commission. Regular Meeting Minutes December 5, 1989 Page 6 of 6 APPROVED: ~os h A. B u y, Mayor ) ~~~D ,hen J. ass V' e Mayor /D~~o~r~~i~/s '~R/~. ~ ~o~m~e , C ommi s s i one r c air in A. Waldman, Commissioner %' Betty Jean .Stewart, Commissioner ATTE Date amk •