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1988.01.05_TC_Minutes_Regular. ~- ~._. TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission Regular Meeting. Tuesday, January _5, 1988. 1:30 P.M. Mayor Betty Jean Stewart called the REgular Meeting of the .Town Commission to order at 1:30 p.m. in the Town Commission Chambers at Town Hall. Also present were Vice Mayor Mary Louise G. Blosser and Commissioners John J. Basso, David T. Robinson, and Robert F. Scholz. Also present were Town Attorney Thomas E. Sliney, Acting Town Manager Mary Ann Mariano, Police Chief William Cecere, Deputy Town Clerk Elizabeth L. Kolek, and members of the general public. Roll call was taken and the Pledge of Allegiance given. ADOPTION 'OF AGENDA: MOTION was made. by COMMISSIONER ROBINSON/COMMISSIONER SCHOLZ to adopt the agenda as presented. All Commissioners voted AYE. Approval of Minutes: November 24, 1987 ~ December 1, 1987 December 15, 1987 - Workshop .Meeting - Regular Meeting - Special Meeting MOTION was made by COMMISSIONER BASSO/COMMISSIONER ROBINSON to approve the Minutes as submitted. This-MOTION carried unanimously with favorable votes. Public Comments and Requests: Mr. Richard Orman, candidate for the position of Director of the Palm Beach County Planning Council, addressed the Commission stating that he would pursue the job with dedication and looked forward to working with the Town to promote good growth management. The Town Commission wished him good luck in his endeavor. Mr. Philip Colman, of Concordia-Investments, Inca, asked for the opportunity to speak on the subject for which he is present. REPORTS - TOWN COMMISSION: Mayor Betty Jean Stewart: Mayor Stewart stated that Former Mayor Morton Gilday passed away on December 25, 1987, that she had attended his funeral, and that condolences were sent to his family from the Town. • Town Commission Regular Meeting Minutes January 5, 1988 Page 2 of Mayor Stewart could not attend the last Beaches and Shores Meeting so had no report on this subject. Mayor Stewart reported that copies of the letter recieved from Concordia Investments, Inc., dated .December 29, 1987, re Lots 101 East and West, were distributed to the Town Commission and read the letter into the record. (COPY IS ATTACHED AND MADE A PART OF THESE MINUTES) The Commissioners objected to Mr. Colman's statement regarding the Sunshine Law and requested an apology, which Mr. Colman made. At this time, the Town Commission agreed to listen to a presentation on this item, after which Mike Everett, Project Manager, displayed several charts showing the proposed plans for Lot 101-West, which included 36 units, stating .that they comply with the Town Code .regarding setbacks and parking. The building would be 80 feet high, 8 floors, up to roof, including parking, which would have no cooling towers to preserve water. The plans also would comply with xeriscape landscaping. Mr. Colman requested approval of his .plans at this meeting, however, it was the consensus of the Town Commission to hold a Special Meeting at 10:00 a.m., on January 18, 1988, to review Lot 101-West, giving the Commissioners time to visit the site and review the plans prior to the Special Meeting. Vice Mayor Blosser noted that appropriate transmittal letter had not been recevied from the Building Official in order for the Town to consider this matter. Mayor Stewart reported that a request has been received from a resident (Ruth Zalph of Regency Highlands) requesting that the beach be marked at 5/10 mile intervals. Liability factors, as well as locations were discussed. Mayor Stewart requested that the Town Commission give thoughts to this matter, which would again be discussed at the January 26, 1988 Workshop Meeting. Mayor Stewart reported that January has been designated as "National Blood Donor Month" by President Reagan and Governor Martinez, urging support for the donor program. In reply to Mayor Stewart's question regarding the work in progress at the Hidden Harbor site, Attorney Sliney stated that he had no response from the Hidden Harbor developers. Attorney Lee Worsham stated there were 2-3 more weeks of work needed on the site and that additional dredging was needed. No permits have .been issued for any additional dredging on the site. Mayor Stewart. reminded Mr. Worsham .that the Town extended the Town's permit in July to the end of November 1987. Attorney Sliney stated that the Town has been cooperative and would not give any more extensions until all work is done. It was requested that a representative of Hidden Harbor should go over the plan's with the Building Official to check progress and what remains to be done. It was noted that Notice of Violation .had been issued on this property for all work to be completed by January 18, 1988. If work is not complete ~, Town Commission Regular Meeting .Minutes January 5, 1988 Page 3 of • at that time, a citation will be issued which. can result in a fine of up to $25g.g0 per day. Attorney Worsham indicated that he had not seen such Notice of Violation, copy of which will be provided to him. The. Town Commission requested that the Building Official submit a report regarding the Hidden Harbor Property, to be discussed further at the January 26, 1988 Workshop Meeting. Mayor Stewart reported that the power outage that occurred on on the night of November 25, 1987, which affected the cable television system, was repaired the next morning by FPL, with help from Centel Cable TV. It was noted that the outage also affected the circuit breaker of the telemetry system on the water tower, but it did not affect any water service to the Town. Mayor Stewart stated that the Town Commission, in adopting the Long Report at the December 15, 1987 Special Meeting, needed to decide the relationship between the salaries paid and the hours worked, which matter will be discussed at the January 26, 1988 Workshop Meeting. Vice Mayor Mary Louise G. Blosser Vice Mayor Blosser reported that she was in receipt of an unsolicited application for the Town Manager position. Vice Mayor Blosser requested that the Building Official stake out the foot print of the proposed building on Lot 1011-West prior to the Town • Commissioner's visiting the site to review it. Commissioner John J. Basso No report. Commissioner David T. Robinson Commissioner Robinson reported that he is gathering more information and will have a Resolution regarding. the boat speeds on the Intracoastal Waterway prior to the January 26, 1988 Workshop Meeting. Commissioner Robert F.Scholz No report. REPORTS - TOWN ATTORNEY: Attorney Sliney reported on the pending litigation regarding Boca- Hi/Citicorp, stating that no date has been set for the trial as yet. Several Motions are pending and depositions are presently being taken. Mayor Stewart noted that Attorney Sliney had made a complete report of pending litigation, dated November 25, 1987, to Coopers and Lybrand, the Town's outside auditors. • Town Commission Regular Meeting Minutes. January 5, 1988 Page 4 of REPORTS - TOWN MANAGER: Acting Town Manager/Town Clerk Mary Ann Mariano reported that she had met with Mr. Ed Wetzel (of James Montgomery Engineers) earlier today, who will submit a proposed contract one week prior to the January 26, 1988 Workshop Meeting. Mrs. Mariano reported that she had met with Mr. Young (of Coopers and Lybrand, Auditors) to go over possible terms of a contract. This matter will be forwarded.. to the Financial Advisory Board far their study and recommendation, pursuant to Town Resolution No. 477. Mrs. Mariano reported that the Municipal Election .will be held on Tuesday, March 8, 1988. .The positions of Vice Mayor and one Town Commissioner will be elected. Qualifying dates will begin at noon on January 26, 1988 and end at noon on February 9, 1988. REPORTS -- BOARDS AND COMMITTEES: The existing vacancies were .noted. MOTION was made by Mayor Stewart/Commissioner Basso to nominate Fred Firstenburg to the Regular Member vacancy on the Financial Advisory Board, for a term of 3 years.. The MOTION carried unanimously with favorable votes. Vice Mayor Blosser recommended that Talent Bank Applicant Jane Raynor be invited to attend meetings of boards that had vacancies. PROPOSED RESOLUTIONS AND ORDINANCES: 1. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, OBJECTING TO OIL DRILLING AND EXPLORATION OFF THE COAST OF FLORIDA AND THE FLORIDA KEYS WITHOUT A THIRTY-MILE BUFFER ZONE; REQUESTING THE UNITED STATES CONGRESS TO OPPOSE PLOAN5 FOR ANY SUCH DRILLING AND EXPLORATION; AUTHORIZING DISTRUBUTION; AND PROVIDING AN EFFECTIVE DATE. This Resolution was read in its entirety by the Deputy Town Clerk, after which MOTION was made by Commissioner Basso/Vice Mayor Blosser to adopt same. Upon roll call vote, the Resolution was adopted unanimously, with .all Commissioners voting AYE. Mayor Stewart stated that she would give a copy of this adopted Resolution to the Beaches and Shores Council for possible support. .,Town Commission Regular Meeting Minutes JanMary 5, 1988 Page 5 of 5 2. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH AUTHORIZING THE MAYOR AND TOWN CLERK TO EXECUTE AND DELIVER SUBJECT TO CONDITIONS `A RELEASE OF DECLARATION OF UNITY OF TITLE AND RELEASE OF DECLARATION OF RESTRICTIONS. This Resolution was read in its entirety by the Deputy. Town Clerk,. after which MOTION was made by Commissioner Basso/Vice Mayor Blosser to adopt same. Attorney Sliney noted that Peter ince and Bill Frederick also need to sign the proper documents relating to the resolution. Upon roll call vote, the Resolution was adopted unanimously, with all.. Commissioners voting AYE. Under REGULAR BUSINESS, there were no "Items Left Over".. MOTION was made by Vice Mayor Blasser/Commissioner Basso to approve the "Consent Agenda" item no. 1, Approval of U.S.G.S. matching grant contract. All Commissioners voted AYE. There being no further business to come before the Town Commission at this Regular Meetingg, MOTION to ad'ourn the Regular Meeting was. made by Commissioner Basso/Commissioner Ro~inson, at 2:45 p.m. All Commissioners voted AYE. APPROVED : '~~%^~'~~- Betty Jean Stewart, Mayor ar ~ is~ ~. Blosser, ice Mayor J. -sso, commissioner t ~,`.. ~.. David T. Robinson, Commissioner Robert ~. Scholz, Commissione r: ATTACHMENTS: (1) LETTER TO MAYOR STEWART, FROM CONCORDIA INVESTMENTS, INC., DATED 12/29/87..