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1989.01.03_TC_Minutes_Regular~_, '. _ ~- TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission PUBLIC HEARING Tuesday, January 03, 1989 5:01 P.M. The advertised Public Hearing of the Town Commission of the Town of Highland Beach was called to order by Mayor Betty Jean Stewart at 5:01 P.M. in the Commission Chambers at Town Hall. Others present were Vice Mayor John J. Basso and Commissioner Doris R. Rome. Absent were Commissioners Robert F. Scholz and Marvin A. Waldman. Also in attendance were Town Attorney David K. Friedman, Town Manager Mary Ann Mariano, Deputy Town Clerk Anne M. Kowals and members of the general public. Mayor Stewart noted that this Public Hearing of the Town Commission was called for the purpose of receiving citizens input on the following:. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, RETITLING SECTION 8 OF CHAPTER 30, HIGHLAND BEACH CODE OF ORDINANCES; AMENDING SECTION 8.1 TO REQUIRE A PERMIT TO DEMOLISH A STRUCTURE; AMENDING SECTION 8.2 TO PROVIDE THAT ITS REQUIREMENTS PERTAIN TO APPLICATIONS FOR SITE PLAN REVIEW; AND TO ELIMINATE CERTAIN • REQUIREMENTS; RENUMBERING SECTION 10 AS SECTION 8.3 AND AMENDING SAME TO AMEND EXISTING SITE PLAN REVIEW REQUIREMENTS AND TO PROVIDE FOR CERTAIN ADDITIONAL REQUIREMENTS; RENUMBERING SECTION 8.3 AS SECTION 8.4 AND AMENDING SAME TO REVISE THE PROCEDURE FOR THE PROCESSING AND APPROVAL OF PLANS FOR MULTI-FAMILY DWELLING UNITS, SINGLE FAMILY DWELLING UNITS, AND RENOVATIONS, ADDITIONS AND ALTER- ATIONS; RENUMBERING SECTION 8 AS SECTION 9 AND AMENDING ITS TITLE; RENUMBERING SECTION 8.4 AS SECTION 9. 1; RENUMBERING SECTION 8.5 AS SECTION 9.2 AND AMENDING SAME TO PROVIDE ADDITIONAL REQUIREMENTS PERTAINING TO EXPIRATION OF BUILDING PERMITS; RENUMBERING SECTION 8.6 AS SECTION 9.3; RENUMBERING SECTION 8.7 AS SECTION 9.4 AND AMENDING SAME TO PROVIDE FOR ISSUANCE OF 'NOTICE OF VIOLATION' AND 'CITATION' BY THE BUILDING OFFICIAL/CODE ENFORCEMENT OFFICER FOR CODE VIOLATIONS; RENUMBERING SECTION 8.8 AS SECTION 9. 5; RENUMBERING SECTION 9 AS SECTION 10; PROVIDING FOR AN EFFECTIVE DATE. Mayor Stewart requested comments from the audience. It was noted that the changes made to the body of this Ordinance at today's Regular Meeting of the Town Commission would not alter the above title. There were no comments forthcoming. Mayor Stewart noted that the next Public Hearing/Special Meeting regarding this matter is scheduled for Tuesday, January 17, 1989, at 5:01 P.M. ,_ T ~, • Town Commission Public Hearing Minutes January 03, 1989 Page 2 of 2 There being no further business to come before the Town Commission at this Public Hearing, the Mayor adjourned same at 5:07 P.M. APPROVED: Bett Jean Stewart, Mayor 1 / ATTEST : ~ ~~.~~; ., 6-Ju/~-zL-~.~z/ C Date ' ~ ~f =-~ ~ c~ t~ ~ ~ i~ ~ ~~~~ John J. asso, Vice Mayor ~~~ (Absent) Robert F. Scholz, Commissioner Doris R. R e, ommissioner (Absent) Marvin A. Waldman, Commissioner r-1 ~ + TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING I• Tuesday, January 03, 1989 1:30 P.M. The Regular Meeting of the Town Commission, Town of Highland Beach, Florida, was called to order by Mayor Betty Jean Stewart at 1:30 P.M. in the Commission Chambers at Town Hall. Others present were Vice Mayor John J. Basso, Commissioners Robert F. Scholz, Doris R. Rome and Marvin A. Waldman. Also in attendance were Town Attorney David K. Friedman, Town Manager Mary Ann Mariano, Deputy Town Clerk Anne M. Kowals and members of the general public. Following the roll call, the Pledge of Allegiance was given. ADOPTION OF AGENDA At Mayor Stewart's recommendation, the Agenda was amended to include the discussion of the remaining pages of proposed amendments to Chapter 30 (Building Department Procedures) as recommended by the Planning Board. Upon MOTION by COMMISSIONER ROME/COMMISSIONER SCHOLZ, the Agenda was adopted as amended, without objection. The MOTION carried unanimously. APPROVAL OF MINUTES The following Minutes were submitted for approval: November 29, 1988 - Workshop Meeting December 06, 1988 - Regular Meeting VICE MAYOR BASSO/COMMISSIONER ROME MOVED to accept the Minutes as submitted. The MOVE was favorably received by all Members. PUBLIC COMMENTS AND REQUESTS Coronado resident Mr. Mark Polak addressed the Town Commission stating that, in view of the recent accident in Town (Police Officer John Otto was struck by an automobile operated by an 84 year old man), it is his recommendation that the State of Florida review its policies relating to driver licensing for senior citizens. Mr. Polak further recommended that anyone 80 years of age, or older, should be required to take a yearly driving test at night. Ambassadors East resident Mr. Ed Heyduk addressed the Town Commission and explained that, as a horticulturist who has 50 years of experience in all phases of landscaping, he is representing several people who are • concerned about the landscaping along A-1-A which includes the correct manner of tree/shrubbery pruning and care. Mr. Heyduk noted that if the Town .Commission Regular Meeting Minutes January 03, 1989 Page 2 of 7 n LJ education of the public in this regard does not work out, due to the importance of proper tree/shrubbery trimming and pruning, the Town will have to go to a permitting policy. REPORTS - TOWN COMMISSION Mayor Betty Jean Stewart Mayor Stewart reported on the last meeting of the Palm Beach County Beaches and Shores Council and noted that the Coastal Element of the County Comprehensive Plan is under consideration by the Council. The Mayor noted that concurrence between the County and Municipal Plan is most important. The Beaches and Shores Council will formulate a formal comment for transmittal of the Coastal Element of the Comprehensive Plan to the County Commission. The Mayor acknowledged receipt of the monthly progress report from the Hidden Harbor Development Company. Mayor Stewart made an on site inspection and reported that there were many boxes of unplanted material that are now dying due to the lack of rain; the water channel to the culvert is high and water from the lake is not passing into the channel; and, a lot of the Mangrove Plants along the western shore of the marina area have died. Town Manager Mariano noted that Building Official Ed Hardy has not had the opportunity to make a staff report relative to the Hidden Harbor Project. Commissioner Rome stated that she had observed people driving into and parking their vehicles at the Hidden Harbor Property on the West side of A-1-A and walking to the beach area with their surf boards. This matter was reported to our Police Department. Mayor Stewart noted that the security chain in that area had been installed. Mayor Stewart acknowledged receipt of a letter from the Mayor of the Village of Royal Palm Beach, Florida, seeking support on an up-coming vacancy on the county-wide Planning Council. It was noted that the Village of Royal Palm Beach is not in our district; we can not make nominations outside of our district. The Mayor noted that there is a great stretch of area, along the bike path, where there are no benches for public use and requested that the Town Commission consider the possibility of securing additional benches (perhaps this may be accomplished through a donation program) for placement along the path. Following brief discussion, it was the consensus of the Town Commission that the Town Manager would obtain the cost of said benches and that this matter would be readdressed at the January Workshop Meeting. Town Commission Regular Meeting Minutes January 03, 1989 Page 3 of 7 • Vice Mayor John J. Basso Vice Mayor Basso restated a recommendation that he made several years ago, i. e., the Florida Department of Transportation install a flashing light in front of the Fire Department. The Vice Mayor suggested that the Town Manager submit a letter to the D.O.T. informing them of Officer Otto's recent accident. The Town Manager noted that such request had already been transmitted to the Florida Department of Transportation. Commissioner Robert F. Scholz No report. Commissioner Doris R. Rome Commissioner Rome reported that with regard to Centel Cable T. V. and all the confusion with the changes listed in the newspapers, she encountered a problem reaching Centel's office by phone. The Commis- sioner further noted dissatisfaction with the service in general. Town Manager Mariano noted that this matter came up previously at which time a letter was forwarded to Mr. Gamin. The Town Commission directed the Town Manager to submit a second letter to Centel Cable expressing the Town's concerns. Commissioner Marvin A. Waldman No report. The Commissioner requested an up-date on the condition of the injured officer (John Otto). REPORTS - TOWN ATTORNEY Attorney Friedman reported that Attorney George Roberts filed a 'Motion to Dismiss' in the Connaught matter; the matter of the Bank of Nova Scotia was postponed until February; the Broadview discovery has been completed and the trial has been set in February in Federal Court; the Boca Highland matter is still set for July. REPORTS - TOWN MANAGER Town Manager Mariano reported that Officer Otto has been transferred to the Pinecrest Rehabilitation Hospital in Delray Beach. The parishioners of St. Lucy's Church donated and submitted a total of $5,6001. to the injured officer's family. The Town Manager noted that a pedestrian was struck by a vehicle operated by a senior citizen, before the New Year, in the vicinity of Boca Highlands. The Town Manager noted receipt of a memorandum from Palm Beach County Municipal League, dated 12/20/88, advising of the established procedures Town Commission Regular Meeting Minutes January 03, 1989 Page 4 of 7 • • for appointments to three committees: Traffic Performance Standards, Impact Fee and the Review Committee for the American Assembly. If any- one is interested in an appointment to these committees, information is available in the Commission Office. Regarding an appointment to the County-wide Planning Council, the Town Manager reported that Planning Board Chairman John E. Ward declined the Town Commission's previous nomination and noted that further nominations may be submitted to the Council by February 8, 1989. Town Manager Mariano noted that the qualifying dates for the March 14, 1989, Election are from Noon on Tuesday, January 31, 1989, through Noon on Tuesday, February 14, 1989. The qualifying packets will be available from the Town Clerk's Office on Tuesday, January 24, 1989. Determined will be the Mayor's seat and two Commission seats. Town Manager Mariano received a memo from Building Official Ed Hardy re- garding voluntary density reduction at the Ocean Patio Property where a decrease from 8 to 4 townhouses is being proposed. The Town Commission agreed to include a request by Mr. Peter DeNigris, who is voluntarily reducing the density in order to gain an exception to the 'Zoning in Progress Resolution', on the Agenda for the January Workshop Meeting. The Town Manager received a letter and copy of a Resolution from the City of Palm Beach Gardens requesting the Solid Waste Authority to retain the West Boca site as a landfill, transfer station site and if required a future burning unit, and close the purchase of same. This information will be placed for review in the Commission Office at Town Hall. Town Manager Mariano reported that a request was received from someone wanting to make a donation to the Town to memorialize the service of a former Town Commission Member. The Town Manager noted that she would like to hear any ideas that the Commission would have with regard to this matter. Mayor Stewart stated that the family of former Vice Mayor Nobles wants to donate to the Town and, inasmuch as there is enthusiasm in this regard, a 'wish list' may be in order for discussion at the Workshop Meeting of the Town Commission on January 31, 1989. BOARDS AND COMMITTEES Vacancies on the various Town Board were noted. MOTION was made by COMMISSIONER ROME/VICE MAYOR BASSO to reappoint Merton Rubin as an Alternate Member of the Community Appearance Board for a term of one year. The MOTION carried without objection. There were no further nominations re the following existing vacancies. Town Commission Regular Meeting Minutes •, January 03, 1989 Page 5 of 7 One Alternate Member - Community Appearance Board One Alternate Member - Planning Board One Regular Member - Water Resources Advisory Board PROPOSED RESOLUTIONS AND ORDINANCES 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING SECTION 29-23, SUBSECTION (1) OF THE CODE OF THE TOWN OF HIGHLAND BEACH AS RELATES TO WATER CONNECTION FEES AND AMENDING SECTION 22-1 SUBSECTION (a) OF THE CODE OF THE TOWN OF HIGHLAND BEACH AS RELATES TO SEWER CONNECTION FEES. The Ordinance, given first reading on 12/6/88; published on 12/16/88, was read in its entirety by the Deputy Town Clerk. MOTION was made by COMMISSIONER ROME/COMMISSIONER SCHOLZ to adopt the Ordinance. The MOTION carried without objection. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 19 OF THE CODE OF HIGHLAND BEACH ENTITLED "PLUMBING" BY THE REPEALING OF SUBSECTION 10PJ3.7 OF SECTION 19-2 WHICH MANDATES THE USE OF CAST-IRON PIPE. • The Ordinance, given first reading on 12/6/88; published on 12/16/88, was read in its entirety by the Deputy Town Clerk. COMMISSIONER ROME/ COMMISSIONER WALDMAN made a MOTION to adopt the Ordinance. Same carried unanimously. 3. 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", SECTIONS 28-1/2 - 14 ENTITLED "APPLICATION OF ARTICLE" AND 28-1/2 - 15 ENTITLED "PERMIT REQUIRED" TO INCLUDE TREE ABUSE PROVISIONS. The Deputy Town Clerk read the Ordinance which had first reading on 12/6/88, was published on 12/16/88, in its entirety. Town Manager Mariano's memo of 12/28/88 proposing amendments to this Ordinance (re National Arborist Association's standards and climbing spikes) was discussed and Mayor Stewart recommended that the paragraph relating to climbing spikes include the following clause "that are inaccessible by a cherry picker". Although the Town Manager's recommendation to delete the words "trim" and "prune" from Section 28-1/2 - 15 was not approved, the balance of the recommended amendments as proposed by the Town Manager and the Mayor were accepted by all Commission Members. In addi- tion, the Town Manager recommended the following language be added to number 5 "except in cases where the natural shape would interfere with • public safety", which was also accepted by the Town Commission. MOTION was made by VICE MAYOR BASSO/COMMISSIONER WALDMAN to adopt the Ordinance as amended. The MOTION carried unanimously. ~. r 1 ` V Town Commission Regular Meeting Minutes January 03, 1989 Page 6 of 7 4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE TOWN CODE OF THE TOWN OF HTGHLAND BEACH, CHAPTER 29 ENTITLED "WATER SYSTEM", SECTION 29-10 ENTITLED "CHARGE FOR WATER SERVICE" BY REPEALING THE WORD "DWELLING" FROM SAID SECTION 29-10. Town Commission Regular Meeting Minutes January 03, 1989 Page 6 of 6 Mayor Stewart gave first reading, by title only, to the proposed Ordinance which will be up for discussion at the January 31, 1989, Workshop Meeting of the Town Commission. Mayor Stewart noted that all the items on the Agenda for this Regular Meeting had been addressed; and, at this time, the Town Commission would continue further discussion on the Ordinance regarding the proposed amendments to Chapter 30 relating to permit and review procedures. Mayor Stewart further noted that Planning Board Chairman John E. Ward, along with Planning Board Regular Members A. M. Fox and Arthur R. Keller, were present to partake in the discussion. It was noted that this matter will be the subject of the 5:01 P.M. Public Hearing of this date. The review of the proposed Ordinance began on page 5 and continued through the end on page 9. Following substantial discussion, the changes and amendments agreed to by the Town Commission and the Planning Board Members in attendance were made. The Town Attorney's office will incorporate all changes and amendments in a new .draft of the Ordinance which will be submitted prior to the scheduled 5:01 P.M. Public Hearing on Tuesday, January 17, 1989. As there was no further business to come before the Town Commission at this time, and upon MOTION by VICE MAYOR BASSO/COMMISSIONER SCHOLZ, Mayor Stewart adjourned the Regular Meeting at 4:40 P.M. APPROVED : ~ ~~.~ ~ ~~ Bett_ Jean Stewart, Mayor i G~ J n ~. Basso, Vice Mayor ~~ -- -~ -~-- ~' Commissioner Robert F. Scholz L~ Town Commission January 03, 1989 Page 7 of 7 Regular Meeting Minutes Doris R. Rome, Commissioner ~X~.~--~-dam`'-v M i A. Waldman, Commissioner ~f ~~ ~. ~ ~ ~~ ATTEST : '`-~` / ~z Q'" '~ Date : /`~ f ~~~%-- <~ ~ / `~ ~