Loading...
1988.04.05_TC_Minutes_Regular. -~.. ~. • TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, April 5, 1988 1:30 P.M. The Regular Meeting of the Town Commission was called to order by Mayor Betty Jean Stewart in the Commission Chambers at Town Hall at 1:30 P.M. Others present were Vice Mayor John J. Basso and Commissioners Doris R. Rome, David T. Robinson and Robert F. Scholz. Others in attendance were Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Building Official Bruce Sutherland, Deputy Town Clerk Anne M. Kowals and members of the general public. Following roll call, the Pledge of Allegiance was given. A MOTION to adopt the Agenda as submitted, made by COMMISSIONER ROME/ COMMISSIONER SCHOLZ, carried with favorable votes. APPROVAL OF MINUTES A MOTION by VICE MAYOR BASSO/COMMISSIONER SCHOLZ to approve the follow- ing Minutes as submitted, carried unanimously. • February 23, 1988 - Workshop Meeting March 01, 1988 - Regular Meeting PUBLIC COMMENTS AND REQUESTS None. REPORTS - TOWN COMMISSION Mayor Betty Jean Stewart A Resolution designating the first Tuesday of April to be Arbor Day was read into the minutes by Mayor Stewart. Upon MOTION by VICE MAYOR BASSO/COMMISSIONER ROME, the Resolution was adopted and the MOTION carried unanimously with favorable votes. A memo of 12/21/87 (which had been previously discussed by the Town Commission) from the- Community Appearance Board regarding Xeriscape was re-addressed. Following discussion, it was the consensus of the Town Commission that a one year .amnesty period (as of this date - 4/5/88) from the application fee be granted to any developed properties within the Town requesting to conform to the Xeriscape concept; however, such reviews are to be done in concert with the Regular Meeting of the Com- munity Appearance for which other business is also on the agenda. A MOTION by VICE MAYOR BASSO/COMMISSIONER ROBINSON to grant amnesty from the application fee for a one year period from this date, carried unanimously with favorable votes. Town Commission Regular Meeting April 5, 1988 Page 2 of 7 Mayor Stewart did not attend the Beaches and Shores Council Meeting but she reported on the Agenda items. The offshore drilling resolution suggested by the Town was passed. The State of Florida is working on a beach access initiative which they have introduced to coastal communities. This matter will be up for additional discussion. The Shoreline Management Plan and Atlas which has aerial views of the entire Town and shows the Coastal Construction Control Line was discussed. Communities within the County had comments therefore the Atlas has not as yet been formally adopted. This matter will be considered for future study. The Beaches and Shores Council is reevaluating its need for a consulting engineer; they will be using the consulting engineers only as needed. Mayor Stewart plans to attend the next Beaches and Shores Council Meeting on April 11, 1988. Mayor Stewart noted Peter Ince questioned whether applications for Xeriscape Landscaping involving single family residences are required to go before the Community Appearance Board. The Town Manager stated Mr. Ince was advised that the single family now falls under the jurisdiction of the C.A.B, due to the Xeriscape Ordinance which provides that the C.A.B. must review such plans. The Town Commissioners agreed it was appropriate for single family residences to obtain C.A.B. approval in • regard to the Xeriscape Landscaping. Mr. Ince will be so advised. Mayor Stewart noted that the Town Commissioners received copies of the monthly Police Department report which stated the Highland Beach Police have completed the required 40 hour in-service training. Mayor Stewart advised the three trees will be moved from Town Lot 101W in the near future and the $450 cost was covered by a donation to the Town of Highland Beach from Mr. A. Hollohazy of Highlands Place. Mayor Stewart reported that she received material regarding the American Assembly from the South County Council of Government which will be re- viewed at their meeting on May 4. The County will fund up to $10,000. for a program for the American Assembly and the Town is asked to fund between $500. to $1,000 for same. The printed matter received by Mayor Stewart will be placed in the Commission Office at Town Hall for the Members to study and this will again come up for discussion at the next Workshop Meeting. Mayor Stewart will attend the Council meeting in May. Vice Mayor John J. Basso No report. Commissioner Doris R. Rome No report. Town Commission Regular Meeting • April 5, 1988 Page 3 of 7 Commissioner David T. Robinson No report. Commissioner Robert F. Scholz No report. REPORTS - TOWN ATTORNEY Attorney Sliney reported they are continuing with the Boca Hi matter and are now close to discovery. Any other litigation items are inactive at this time. The trial date which would be during the week of April 25, is subject to case loads, availability, etc. The deposition of expert witnesses is being done by both sides. REPORTS - TOWN MANAGER Town Manager Mariano reported on the Highland Beach/Boca request for water; our engineers met with Boca Raton staff representatives for preliminary discussions. Boca City Manager Rutherford stated he is not . ready to get into extensive negotiations until they finish allocating water to Delray Beach. South Florida Water Management District and Utilities Director Lee will be submitting information on this matter, at which time same will be distributed to the Town Commission. The Building Official has been submitting monthly reports listing the Notice of Violations and Citations issued. The report which indicates the status of each violation will be placed on the clipboard in the Commission Office. A meeting of the Palm Beach County Intracoastal Waterway Committee is scheduled for 4 P.M. on April 7, 1988. The Wellfield Protection Ordinance adopted by the County Commission re- quires a new set of water analysis for each well by September 8, 1988. The Town Manager will check the new requirements against our scheduled testing for each of our wells (between now and September 8) before de- termining if any additional funding will be needed. BOARDS AND COMMITTEES Mayor Stewart noted three Regular Member vacancies on the Community Appearance Board with the Planning Board having one Regular Member and one Alternate Member vacancy. It was noted that Talent Bank Applicant A. M. Fox, Jr. had been inter- viewed at the Town Commission Workshop Meeting of March 29, 19$8, and the Commission Members agreed Mr. Fox had the necessary qualifications to fill the Regular Member vacancy on the Planning Board. . Town Commission Regular Meeting April 5, 1988 Page 4 of 7 COMMISSIONER ROBINSON/COMMISSIONER ROME made a MOTION that Mr. Fox be appointed Regular Member of the Planning Board, on acceptance of his resignation from the Board of Adjustment. This MOTION carried unanimously with favorable votes. The Commission then acted on the Regular Member vacancy on the Board of Adjustment. A MOTION was made by COMMISSIONER ROBINSON/COMMISSIONER ROME to appoint Mr. Carmine F. Zeccola to serve as a Regular Member of the Board of Adjustment. This MOTION carried with all favorable votes. Mayor Stewart noted a letter was. received from Mr. Reese E. James regarding his willingness to serve on the Board of Adjustment. COMMISSIONER ROBINSON/VICE MAYOR BASSO made a MOTION to appoint Mr. Reese E. James as an Alternate Member of the Board of Adjustment. The MOTION carried unanimously. Mayor Stewart noted that an existing Alternate Member vacancy on the Planning Board and three Regular Member vacancies on the Community Appearance Board need to be filled. The Mayor requested the Commission encourage residents to submit Talent Bank Applications for positions on the various Town Boards. PROPOSED RESOLUTIONS AND ORDINANCES 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 29 ENTITLED "WATER SYSTEM", SECTION 29-11 ENTITLED "BILLING DATES, DELINQUENT BILLS, DIS- CONNECTION", AND FURTHER, AMENDING CHAPTER 22, ENTITLED "SEWERS", SECTION 22-5 ENTITLED "BILLING PROCEDURE; DELINQUENCY". Mayor Stewart noted this Ordinance was given a first reading on 3/1/88 and was published on 3/11/88. Town Manager Mariano submitted an example billing to give the Town Commission an idea how this ordinance will work. Following discussion, the Ordinance was read in its entirety by the Deputy Town Clerk. MOTION was made by VICE MAYOR BASSO/COMMISSIONER ROBINSON to adopt the Ordinance. This MOTION carried with five 'aye' votes. 2. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REPEALING RESOLUTION N0. 458, ADOPTED DECEMBER 6, 1983, ESTABLISHING A POLICE ADVISORY BOARD. • The above Resolution which was discussed at the Town Commission Workshop Meeting of 3/29/88, was read in its entirety by the Deputy Town Clerk. • Town Commission April 5, 1988 Page 5 of 7 Regular Meeting A MOTION by COMMISSIONER ROME/VICE MAYOR BASSO to approve the Resolution passed without objection with five favorable votes cast by the Town Commission. 3. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ESTABLISHING CRITERIA FOR A LAW ENFORCEMENT REVIEW BOARD IN COMPLIANCE WITH F.S.S. 112.533. Mayor Stewart noted the Resolution was addressed at the 3/29/88 Town Commission Workshop Meeting. During discussion the question of a time limit within which to appoint such Board upon receipt of a complaint came up. The Town Manager advised the procedure is set out but not a time limit; however a few words to set a time limit can be added. It was agreed the Resolution should be amended to include "within 3H days". The Deputy Town Clerk read the Resolution in its entirety. VICE MAYOR BASSO/COMMISSIONER SCHOLS MOVED to adopt the Resolution as amended. The MOVE passed without objection. 4. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING RESOLUTION NO. 522 TO ALLOW AN ADDITIONAL • EXCEPTION FOR RENOVATIONS, ADDITIONS AND ALTERATIONS OF EXISTING STRUCTURES. Following the reading of the above Resolution by the Deputy Town Clerk, COMMISSIONER ROBINSON/COMMISSIONER ROME made a MOTION to accept the Resolution as submitted. A11 Members were in favor of the MOTION. 5. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE MONEY PURCHASE RETIREMENT PLAN WITH THE ICMA RETIREMENT CORPORATION AS ADOPTED BY RESOLUTION N0. 518 ON DECEMBER 1, 1987. The Deputy Town Clerk read the above Resolution which was discussed at the Workshop Meeting of 3/29/88. VICE MAYOR BASSO/COMMISSIONER. ROME made a MOTION to adopt the Resolution as read. The MOTION carried with favorable votes. Town Manager Mariano advised the Town is awaiting information re the various options that was requested of the ICMA Retirement Corporation Plan. REGULAR BUSINESS Items Left Over • 1. Approval of Brandt/Marcy seawall Mayor Stewart noted this matter was addressed at the 3/29/88 Workshop Meeting. Building Official Sutherland advised this application is in ~^ Town Commission Regular Meeting April 5, 1988 Page 6 of 7 full compliance and approvals from the Department of Environmental Regu- lations, Army Corps of Engineers and the Town Building Department have been granted for a seawall requiring a 20' return along the Intracoastal Waterway. COMMISSIONER ROME/VICE MAYOR BASSO made a MOTION to approve the proposal for the seawall at the Brandt/Marcy Property (Lots 134! and 131 West). The MOTION received all favorable votes. 2. Purchase of vehicle for Utility Department Town Manager Mariano submitted a memo to the Town Commission on April 5, 1988, advising that $12,000. was budgeted this year for a 4 wheel drive vehicle for the Utility Department. The present Utility Department vehicle is a '78, 3/4 ton pick up with a winch. The truck has no value; the winch will be transferred to the new truck. The low quote of $10,372. was received. from Bill Wallace Ford, with other proposals on comparable vehicles being received as follows: Bill Wallace • Koons Ford Terry Ford Dennis Fronr State Bid on Ford $10,372.67 11, 4104!. 00 11, 199.00 ath Chev. 11,820.00 Chevrolet 11,150.00 The Town Manager stated she intends to authorize purchase of vehicle except for the fact that items over $2,500. require advertising. Local dealers do not submit proposals as a result of newspaper advertising. As a result of the above matter, Town Manager Mariano will submit a draft of an amendment re the Town's Purchasing Policy to the Town Commission for their consideration. A MOTION was made by COMMISSIONER ROBINSON/COMMISSIONER ROME to waive the Purchasing Policy requiring advertising to allow the purchase of a 4 wheel drive vehicle for the Utility Department through bids received by the Town Manager. The MOTION carried without objections. Consent Agenda Approval of budget transfers submitted at 3/29/88 Workshop Meeting. Approval of transmitter and digital meter purchase for the elevated tank. Approval of retention of Robert L. Groover, Appraiser, re Boca Hi litigation. A MOTION to adopt the Consent Agenda was made by VICE MAYOR BASSO/ • COMMISSIONER ROBINSON. The MOTION carried unanimously. 1 ~ ~ ~" . Town Commission Regular Meeting April 5, 1988 Page 7 of 7 There being no further business to come before the Town Commission, Mayor Stewart adjourned the Regular Meeting at 2:25 P.M. Mayor Stewart reminded all in attendance that the Arbor Day Ceremony will take place at 3 P.M. this afternoon at Town Hall. APPROVED: • Beth Jean Stewart, Mayor John J ass~j, Vice Mayor >/ /1~~ Doris Romp issioner i ~~- l"~ David T. Robinson, Commissioner Robert F. Scholz, Commissi ATTE: Date C