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1989.10.03_TC_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, October 3, 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 Commissioners Doris R. Rome, Marvin A. Waldman and Betty Jean Stewart. Vice Mayor John J. Basso 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. Adoption of Agenda The Agenda was adopted, as submitted, upon proper MOTION, which carried unanimously. • Approval of Minutes The following Minutes were submitted for approval: August 29, 1989 - August 29, 1989 - August 29, 1989 - August 30, 19$9 - September 5, 1989 September 8, 1989 September 8, 1989 Workshop Meeting Public Hearing Special Meeting Recessed Workshop Meeting - Regular Meeting - Special Meeting - Public Hearing MOTION was made by COMMISSIONER STEWART/COMMISSIONER ROME to approve the Minutes as corrected. The MOTION carried. Public Comments and Requests Mr. John Ward of Braemer Isles, addressed the Town Commission and noted that the bike path is in need of repairs. For safety reasons, Mr. Ward suggested that cyclists be required to equip their bikes with bells. Mrs. Sadie Spadafina of 1105 Russell Drive, President of Highland Beach Isles Association, thanked the Town Commission for their assistance in obtaining funding from Highland Ocean Associates for the Highland Beach Isles Association's beach access. Attorney Doak Campbell, representing Highland Beach resident Harold Chambers, addressed the matter of the receiver satellite dish that was installed at Mr. Chambers' residence without prior Town approvals and r , Town Commission Regular Meeting Minutes October 3, 1989 Page 2 of 7 permits. Attorney Campbell advised the Town is in the process of completing the necessary come into compliance with the Town Code. Mr. Bernard Koral, residing at 1014 Bel Air Drive, questioned if any plans were being implemented with the garbage pick-up in Town with regard to a recycling program. Town Manager Mariano advised that the Town has a contract with County Sanination and, at this time, they are not prepared to start a recycling program as they do not have the proper equipment. It was noted that the County has until 1995 to implement a recycling program. REPORTS - TOWN COMMISSION Mayor Joseph A. Boulay Mayor Boulay reported that at the last Municipal League Meeting he attended, he was appointed to the Palm Beach County Water Resources Management Advisory Board. • The Mayor noted that he attended the "Yellow Feather Awards" presenta- tions on Sunday evening at which time several communities were "roasted" by the press and media personalities. Highland Beach came out rather well as the media jokingly noted that the Town has not been heard from since 1958. The Mayor further noted that he and the Town Manager were subpoenaed by Drexel Investments for depositions which were taken on September 29, 1989. Vice Mayor John J. Basso Absent - no report. Commissioner Doris R. Rome Commissioner Rome had no report, however, she suggested that the Town should consider imposing restrictions on water usage as a means of conservation. Town Manager Mariano noted that the Town has certain criteria in place with regard to the Town's water levels. The Town Manager advised that South Florida Water Management District may be imposing some mandatory restrictions, including Southeast Palm Beach County, at an early date, inasmuch as water levels are at an all time low and we are going into the dry season. Following discussion of the matter, Commissioner Stewart recommended that Commissioner Rome and Town Manager Mariano get together to review the criteria that is in place. Commission that his client applications in order to Town Commission • October 3, 1989 Page 3 of 7 Regular Meeting Minutes Commissioner Marvin A. Waldman Commissioner Waldman, having no report, commented that South Florida was fortunate to have been spared the wrath of hurricane Hugo and noted that the Hurricane Watch Center in Miami suggested that tall trees be topped off to prevent them from becoming projectiles during heavy winds. The Commissioner stated that inasmuch as Highland Beach is a barrier island, the Town may want to consider the suggestion particularly with regard to the tall Australian Pine Trees. Commissioner Betty Jean Stewart Commissioner Stewart reported on the September 11, 1989 Beaches and Shores Meeting and noted that the County will recommend approval for sand fences (upon application) on the beach; also, approval was given to a condominium to repair their revetment which is the type that has been used at Boxwood Terrace. The Commissioner reported on Geotextile Revetment which is color-coded; it is a three bag tier put together in one bag that has the effect of three bags. It is expected to last ten years. It seems to be a more permanent type of structure being added to the beaches of Palm Beach County. Commissioner Stewart noted that the Beaches and Shores Council adopted a Resolution with regard to oil spills in the Port of Palm Beach. • Commissioner Stewart suggested that the Agenda Action Report indicate the name of the person who prepared same. REPORTS - TOWN COMMISSION Attorney Friedman reported on pending litigation and noted that the subpoenas relating to the Broadview matter have been reevaluated and will be valid for the new trial date. A motion filed by Broadview requesting a date certain for the trial was denied. REPORTS - TOWN MANAGER Town Manager Mariano reported that a compact public telephone unit has been installed on Town Hall property. The Town Manager noted that a Resolution transferring the assets of Centel Cable to Adelphia Communications Corporation, adopted at the September 5, 1989 Regular Meeting of the Town Commission, must be re- drafted to permit the name change (Adelphia Communications Corporation or Adelphia Cable Partner, L.P.) MOTION to have the Resolution re- drafted and executed by the Mayor to permit the name change was made by COMMISSIONER STEWART/COMMISSIONER ROME. The MOTION carried unanimously. Mr. Del Hanley of Centel Cable was present to answer any questions the Town Commission may have. Mr. Hanley noted that contracts are being Town Commission October 3, 1989 Page 4 of 7 Regular Meeting Minutes renegotiated at this time and there would be no rate increases to any condominium associations, most of which subscribe to basic services only, without their approval. Mr. Hanley further noted that the company will remain Centel Cable until approximately 12/1 and they are attempting to come up with a game plan that is beneficial for the entire Town; they are looking at rebuilding the complete system next year. Town Manager Mariano advised that arrangements are being made to have every condominium manager meet with Mr. Hanley to discuss the problems affecting each condo. Commissioner Rome suggested the condo- minium association presidents be invited to such meetings. Following substantial discussion, the Members voted in favor of the MOTION presently on the floor. REPORTS - BOARDS AND COMMITTEES Mayor Boulay noted the vacancies on the various Town Boards. MOTION by COMMISSIONER STEWART/COMMISSIONER WALDMAN appointing Jane Rayner as a Regular Member of the Board of Adjustment for a three year term carried unanimously. It was noted that the Planning Board did not meet in September, however, Town Manager Mariano advised the Town Commission that a memorandum re- garding the Comprehensive Plan was submitted to the Planning Board Members and the Town Manager is scheduled to meet with Chairman Ward of the Planning Board on October l~l, 1989 in this regard. PROPOSED RESOLUTIONS AND ORDINANCES 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 9, ENTITLED "ELECTRICAL CODE", SECTION 9-3 ENTITLED "SCHEDULE-ELECTRIC PERMIT FEES", SPECIFICALLY REPEALING MUNICIPAL FEE REQUIREMENTS FOR FIRE SPRINKLER SYSTEMS. The proposed ordinance, given first reading on 9/5/89 was published on 9/15/89, was read in its entirety by the Deputy Town Clerk. MOTION was made by COMMISSIONER ROME/COMMISSIONER STEWART adopting the ordinance. A roll call vote resulted as follows: Commissioner Waldman "AYE" Commissioner Stewart "AYE" Commissioner Rome "AYE" Mayor Boulay "AYE" 2. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, FLORIDA, CHAPTER 29, ENTITLED "WATER SYSTEM", SECTION 29-11 ENTITLED "BILLING DATES, DELINQUENT BILLS, DISCONNECTION". The proposed ordinance was given first reading on 9/5/89 and was published on 9/15/89. Same was read in its entirety by the Deputy Town Clerk. COMMISSIONER ROME/COMMISSIONER STEWART made a MOTION to adopt the ordinance. A roll call vote resulted as follows: ~~ , Town Commission Regular Meeting Minutes October 3, 1989 Page 5 of 7 Commissioner Stewart "AYE" Commissioner Waldman "AYE" 3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING ORDINANCE N0. 565, WHICH APPROPRIATED FUNDS FOR FISCAL YEAR 1988 WHICH BEGAN OCTOBER 1, 1988 AND WILL END SEPTEMBER 30, 1989. The proposed ordinance, given first reading on 9/5/89 was published on 9/15/89, was read in its entirety by the Deputy Town Clerk. MOTION was made by COMMISSIONER STEWART/COMMISSIONER ROME to adopt the ordinance. A roll call vote resulted as follows: Commissioner Rome "AYE" Commissioner Waldman "AYE" Commissioner Stewart "AYE" Mayor Boulay "AYE" 4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR UTILITY RATES, FEES, AND/OR CHARGES, SPECIFICALLY AMENDING HIGHLAND BEACH CODE SECTION 11-13 OF CHAPTER 11, RELATING TO GARBAGE AND TRASH CHARGES. • This proposed ordinance had first reading on 9/5/89 and was published on 9/15/89. The Deputy Town Clerk read same in its entirety. COMMISSIONER ROME/COMMISSIONER WALDMAN made a MOTION adopting the ordinance as corrected. A roll call vote resulted as follows: Commissioner Rome "AYE" Commissioner Waldman "AYE" Commissioner Stewart "AYE" Mayor Boulay "AYE" 5. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE TOWN CODE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 28-1/2 ENTITLED "TREES, SHRUBS AND VEGETATION", SECTION 28-1/2 - 15 ENTITLED "PERMIT REQUIRED: TREE ABUSE PROHIBITED", TO INCLUDE SPECIFIC PROVISIONS REGARDING SPECIMEN, HISTORIC AND TREES PLANTED AS PART OF THE GREENING OF A-1-A PROJECT. The proposed ordinance was given first reading on 9/5/89 and was published on 9/15/89. The Deputy Town Clerk read the ordinance in its entirety. MOTION was made by COMMISSIONER ROME/COMMISSIONER STEWART adopting the ordinance. Results of a roll call vote are as follows: Commissioner Waldman "AYE" Commissioner Rome "AYE" REGULAR BUSINESS Items Left Over Commissioner Rome "AYE" Mayor Boulay "AYE" Commissioner Stewart "AYE" Mayor Boulay "AYE" 1. Discussion re Itco Property Settlement Proposal Town Commission Regular Meeting Minutes October 3, 1989 Page 6 of 7 Members of the Town Commission discussed a draft, submitted by the Town Attorney, of the Settlement Agreement re Itco Property; it was the consensus of the Town Commission that the fourth paragraph on page one be amended. Attorney Friedman noted that they have not heard from Itco's Attorney with regard to this document. Also submitted by the Town Attorney was a proposed schedule for adoption of a Resolution approving Itco Settlement. It was noted that a proposed Resolution would have to be published (by title only) in a local newspaper on October 17, 1989 with a Public Hearing scheduled for October 31, 1989 at 3:P10 P.M. to receive citizens' input. Attorney Friedman stated that Itco will be requested to attend the October 31, 1989 Workshop Meeting of the Town Commission. 2. Discussion re Town Hall Property Survey Following a brief discussion of the Town Manager's Memorandum of Septem- ber 29, 1989 regarding bids for a Town Hall Survey, MOTION was made by COMMISSIONER STEWART/COMMISSIONER WALDMAN to approve the Town Manager's recommendation to retain Gentry Engineering at an estimated cost of $1,6f~0. The MOTION carried unanimously. • CONSENT AGENDA None. There being no further business to come before the Town Commission, MOTION was made by COMMISSIONER ROME/COMMISSIONER STEWART to adjourn. Mayor Boulay adjourned the Regular Meeting of the Town Commission at 2:53 P.M. {.._. _ _,_ APPROVED: Josep A. oulay,'Mayor (Absent) John J. Basso, Vice Mayor ~* '~+~ Town Commission Regular Meeting Minutes October 3, 1989 Page 7 of 7 ~~} Dorils R. Rome, C issioner Marvin A. wlYldllia~i, -Cl~mmissioner Be y Jean Stewart, Commissioner ATTES Date: amk L ~J