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1989.03.07_TC_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, March 7, 1989 The Regular Meeting of the Florida, was called to ord the Commission Chambers at Robert F. Scholz, Doris R. J. Basso was absent. 1:30 P.M. Town Commission, Town of Highland Beach, ~r at 1:30 P.M, by Mayor Betty Jean Stewart in Town Hall. Others present were Commissioners Rome and Marvin A. Waldman. Vice Mayor John Also in attendance 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 adopted as submitted, without objection, upon MOTION by COMMISSIONER ROME/COMMISSIONER SCHOLZ. The MOTION carried unanimously. Approval of Minutes The following Minutes were submitted for consideration: January 31, 1989 - Workshop Meeting February 6, 1989 - Public Participation Workshop February 7, 1989 - Regular Meeting COMMISSIONER SCHOLZ/COMMISSIONER WALDMAN MOVED to accept the Minutes as submitted. The MOTION carried without objection. Public Comments and Requests Mr. Philip Colman, resident in Highland Beach, questioned when the Town Commission intends to deal with two letters submitted by the Villa Nova Condo Manager; one letter was with regard to the denuded condition of the dune belonging to their neighbor to the South; the second letter urged the reinstatement of the 'Newsletter' that was mailed to residents. Mr. Colman also inquired if the two amendments to Ordinance 563 dealing with Open Space and Land Dedication, unanimously recommended by the Planning Board, have been incorporated in the proposed ordinance now under consideration. It was noted that the proposed ordinance would be the subject of today's 5:01 P.M. Public Hearing/Special Meeting of the Town Commission It was noted that there has been communication between the Town Manager and the Manager at the Villa Nova Condominium; and, there have been no changes to the proposed ordinance. t . Town Commission Regular Meeting Minutes March 7, 1989 Page 2 of 5 REPORTS - TOWN COMMISSION Mayor Betty Jean Stewart Mayor Stewart had no report on the Beaches and Shores Council as she was unable to attend their last meeting. Following a discussion of the amended Release Agreement with reference to the Ince & Hertel/Atwell's acquisition of Camelot Plat, the Town At- torney advised that this document clarifies the lot lines and it was his recommendation that the Town Commission approve same. MOTION was made by COMMISSIONER ROME/COMMISSIONER WALDMAN to accept the amended Release Agreement. The MOTION carried unanimously. Mayor Stewart noted that a 'Trash-a-thon', sponsored by Pine Jog for the purpose of cleaning the beaches, is scheduled for Saturday, March 11, 1989 from 9:4J~ A.M. to 12:0QJ noon. Vice Mayor John J. Basso Absent. • Commissioner Robert F. Scholz No report. Commissioner Doris R. Rome No report. Commissioner Marvin A. Waldman No report. REPORTS - TOWN ATTORNEY The Town Attorney reported that there is an appeal pending in the Road and Bridge Fund matter; if successful, the Town will receive monies. A hearing with regard to permit transfer on the Drexel Management Pro- perty (Teron International) was held; the Town Attorney will advise the Town when the judge issues his ruling on this case. REPORTS - TOWN MANAGER Town Manager Mariano introduced the new Building Official/Code Enforce- ment Officer, Harry Heithaus, to the Town Commission Members. • The Town Manager reported that upon completion of the painting of the water tower (which should be within the next seven days), Centel Cable will be invoiced for their portion of the cost. . } Town Commission Regular Meeting Minutes March 7, 1989 Page 3 of 5 Town Manager Mariano presented the the and carpeting (approved by the Community Appearance Board) that will be installed at Town Hall. The 12" x 12" squares are non-skid commercial tiles of a neutral color that will be installed in the area between the Library Building and Town Hall as well as in the Lobby of Town Hall. The commercial carpeting is of a beige color that matches the tiles and will be installed in the offices at Town Hall. This project will be completed shortly after the seasonal residents leave Town. The Town Manager noted that the Water Resources Advisory Board will be addressed when the Town Commission takes up their report under Boards and Committees. It was noted that Town Manager Mariano will be on vacation from the 24th of March until the 17th of April. During that period, the Town Manager will be in touch with the office. Two budget transfers, recommended and approved by the staff and the Financial Advisory Board, were submitted by the Town Manager for ratifi- cation by the Town Commission. The transfers involving the Greening Committee of A-1-A and providing for the purchase of a new vehicle for the Building Department were approved upon MOTION made by COMMISSIONER ROME/COMMISSIONER SCHOLZ that under 'Machinery and Equipment' that ac- • count be increased up to $9,60P~. to replace the Ford Escort that we now have, and vote on some future date when we have specifics on some new car. The MOTION carried unanimously. The Town Manager stated that she would submit to the Town Commission the specifications and bids, which were requested by Commissioner Rome, with regard to the purchase of the vehicle for the Building Department. The Mutual Aid Agreement for reciprocal services between the Boca Raton Police Department and the Highland Beach Police Department was reviewed and amended by the Town Commission. MOTION was made by COMMISSIONER ROME/COMMISSIONER WALDMANthat the Mutual Aid Agreement between Boca Raton and Highland Beach be put into form of Resolution incorporating changes that were made to Section 3 (c); amending the sixty days to ninety days and authorizing the Mayor to sign the Agreement. The MOTION carried with all favorable votes. REPORTS - BOARDS AND COMMITTEES The various vacancies on the Town Boards were noted. A written Water Resources Advisory Board report was submitted by Chair- man Keller. Town Manager Mariano requested direction from the Town Commission with regard to two items. With regard to the request for the preparation of a scope of services by the Town's Engineers to determine the feasibility of using effluent water from Boca Raton, a MOTION was made by COMMISSIONER WALDMAN/COMMISSIONER ROME to table the idea. The • MOTION passed with favorable votes. Regarding the request for a joint meeting between the Water Resources Advisory Board and the Town Commission to gain further information on reverse osmosis, the Town .~ Town Commission Regular Meeting Minutes March 7, 1989 Page 4 of 5 Commission approved a MOTION made by COMMISSIONER SCHOLZ/COMMISSIONER ROME to direct Chairman Keller to approach the City of Boynton Beach Water Director and Staff and find out what information is available with regard to reverse osmosis for the City of Boynton Beach and report back to the Town Commission. A joint meeting may be scheduled following receipt of such report. PROPOSED RESOLUTIONS AND ORDINANCES 1. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, DECLARING THE ELECTION TO HAVE BEEN HELD ON THE 14TH DAY OF MARCH, 1989, TO BE UNNECESSARY SINCE THE ONLY CANDIDATES WHO QUALIFIED ARE UNOPPOSED. MOTION was made by COMMISSIONER ROME/COMMISSIONER WALDMAN to adopt the Resolution as submitted. The MOTION carried unanimously. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE ZONING CODE OF THE TOWN OF HIGHLAND BEACH, CHAPTER 30, CODE OF ORDINANCES, BY AMENDING SECTION 5, SUPPLEMENTARY DISTRICT REGULATION, BY ADDING AN ADDITIONAL SUPPLEMENTARY • DISTRICT REGULATION; PROVIDING FOR OPEN SPACE AND RECREATIONAL LAND DEDICATION; REQUIRING THE DEDICATION OF OPEN SPACE AND RECREATIONAL LAND, OR THE MAKING OF "IN LIEU" PAYMENTS BY THE DEVELOPERS OF MULTIPLE FAMILY UNITS AND SINGLE FAMILY UNITS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. The proposed Ordinance was read by title by Mayor Stewart. It was noted that same will be the subject of the Public Hearing/Special Meeting that is scheduled this date at 5:~1 P.M. REGULAR BUSINESS Items left over 1. Request for exemption from the "Zoning in Progress" Resolution submitted by Mr. Stasinos (Lot 341) 43411 South Ocean Boulevard. This matter was deferred to the March 28, 1989 Workshop Meeting of the Town Commission. 2. Discussion - proposal re Plat No. 1, Camelot on the Atlantic submitted by Robert A. Eisen, Attorney representing Ince & Hertel Building Corporation. The Town Commission discussed at length the proposal to remove the accessory building on Lots 1 and 2, Camelot on the Atlantic, in order to • create a separate RS lot for development. The Town Commission directed the Town Manager and Town Attorney to study this matter with the .a ' ~ ~. Town Commission March 7, 1989 Page 5 of 5 Regular Meeting Minutes property owner and his attorney and report back to the Town Commission at an early date. 3. Discussion re proposed honorarium for Town Commission. The Town Commission discussed the matter of a proposed honorarium for Town Commissioners and directed the Town Manager and Town Attorney research the matter further and submit a report to the Town Commission. There being no further business to come before the Town Commission at this Regular Meeting, same was adjourned by Mayor Stewart at 3:30 P.M. APPROVED:;i yJc~~ ,~'~'~11G~-~ Bet Jean Stewart, Mayor (Absent) • John J. Basso, Vice Mayor Ro ert Sc lz, C i sinner Doris R. Rome, C mmiss,3.oner a'~~Gin A: Waidman, Commissioner ATTES Date: AMK • ~' TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission PUBLIC HEARING Tuesday, March 7, 1989 5:01 P.M. The advertised Public Hearing of the Town Commission, Town of Highland Beach, Florida, was called to order by Mayor Betty Jean Stewart at 5:01 P.M. in the Commission Chambers at Town Hall. Others present were Commissioners Robert F. Scholz, Doris R. Rome and Marvin A. Waldman. Vice Mayor Basso was absent. Others 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 advertised Public Hearing was called for the purpose of receiving public input and to consider the adoption of the following: AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE ZONING CODE OF THE TOWN OF HIGHLAND BEACH, CHAPTER 30, CODE OF ORDINANCES, BY AMENDING SECTION 5, SUPPLEMENTARY DISTRICT REGULATION, BY ADDING AN ADDITIONAL SUPPLEMENTARY • DISTRICT REGULATION; PROVIDING FOR OPEN SPACE AND RECREATIONAL LAND DEDICATION; REQUIRING THE DEDICATION OF OPEN SPACE AND RECREATIONAL LAND, OR THE MAKING OF "IN LIEU" PAYMENTS BY THE DEVELOPERS OF MULTIPLE FAMILY UNITS AND SINGLE FAMILY UNITS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. At this time, Mayor Stewart requested public comments. Mr. Philip Colman, a Highland Beach resident, requested that the Town Commission seriously consider making some modifications to the proposed ordinance that he considers eminently justified: 1. The Town Commis- sion accept the unanimous recommendation of the Planning Board so that the phrase "within a reasonable time" would read "within a reasonable time not to exceed five years"; and 2. the final section be amended to read "That this ordinance shall become effective on adoption and shall apply to any property for which site plan approval has not been approved." Mr. Colman further noted that in response to his inquiries at prior Town Commission Meetings with regard to why the cut off date was changed to 7/26/88 and what the phrase "substantially benefit the residents of new development" means, a written reply was received from the Town Manager advising that the date was changed at the recommendation of the Town Attorney at the 8/30/88 Workshop Meeting of the Town Commission. The Town Commission held lenghty discussion with regard to Mr. Colman's . request to modify the proposed ordinance. It was the consensus of the Town Commission that the phrase "not to exceed five years" should not be included in Section 1 (g) and Section 4 should remain as is. ~~ . i Town Commission Public Hearing Minutes March 7, 1989 Page 2 of Upon the conclusion of the discussion, MOTION was made by COMMISSIONER WALDMAN/COMMISSIONER ROME to adjourn the Public Hearing. Mayor Stewart adjourned same at 5:5~J P.M. APPROVED :~ ~"~~-l-T Bet y Jean Stewart, Mayor (Absent) John J. Basso, Vice Mayor .3- / -8 Robert F. Scholz, C iss'oner oris R. Rome, Commissioner ~M a-~. Gil Ma"r`vin A. Waldman, Commissioner ATTEST Date AMK •