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1988.09.07_TC_Minutes_Regular.. ~ ~ • TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Con-n-ission REGULAR MEETING Wednesday, September 7, 1988 ~ 1:30 P.M. The Regular Meeting of the Town Con-n-ission was called to order by Mayor Betty Jean Stewart in the Conm-ission Chambers at Town Hall at 1:30 P.M. Others present were Vice Mayor John J. Basso, Conar-issioners David T. Robinson, Robert F. Scholz and Doris R. Ron-e. (Due to the Prin-ary Election on Tuesday, September 6, 1988, the Town Con-n-ission Regular Meeting was held on Wednesday, September 7, 1988.) Also in attendance were Town Attorney Thon-as E. Sliney, Town Manager Mary Ann Mariano, Deputy Town Clerk Anne M. Kowals and n-en-bers of the general public. Following Roll call, the Pledge of Allegiance was given. ADOPTION OF AGENDA: At Mayor Stewart's suggestion, the Resolution of an an-ended Lease Agree- n.-ent with Centel Cable Television Company was moved to the front of the Agenda without objection. The Agenda was then adopted upon MOTION by • COMMISSIONER ROME/COMMISSIONER ROBINSON. APPROVAL OF MINUTES: The following Minutes were subn-itted for approval: July 26, 1988 - Workshop Meeting July 26, 1988 - Special Meeting July 28, 1988 - Special Meeting July 28, 1988 - Public Hearing Aug. 02, 1988 - Regular Meeting MOTION was made by COMMISSIONER SCHOLZ/COMMISSIONER ROBINSON to accept the Minutes as presented. At this point in the Meeting, Vice Mayor Basso noted the on-ission of his ren-arks to Mr. Delaney of Boca Hi when Mr. Delaney appeared before the Town Con-n-ission at the June 28, 1988, Workshop Meeting. Vice Mayor Basso requested that a state~-ent be included in the Minutes of this Meeting to indicate that at the June 28, 1988, Workshop Meeting, the Vice Mayor noted that Mr. Delaney had been repeatedly asked to subn-it his proposals to the Town Con-n-ission for consideration. Mr . Delaney ignored the Con-n-ission's requests and instituted the present law suit. • t ~ • Town Coa-n-ission Regular Meeting Minutes Septert-ber 7, 1988 Page 2 of 7 PUBLIC COMMENTS AND REQUESTS: None. PROPOSED RESOLUTION: A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AUTHORIZING THE ENTERING INTO OF AN AMENDED LEASE AGREEMENT WITH CENTEL CABLE TELEVISION COMPANY OF FLORIDA. The Town Con-n-ission discussed the above Resolution and reviewed the Lease Agreement. It was the consensus of the Town Con-n-ission that several changes in the Lease Agreement were in order and this natter should be on the Agenda for the Special Meeting of the Town Con-n-ission to be held on September 241, 1988. (This Meeting was subsequently changed to September 27, 1988.) When Town Manager Mariano noted that Mr. Gan-in was to discuss the natter of the water tower painting with his superiors to detern-ine if Centel would agree to paying 35~ of the expense, Mr. Gan-in advised. that his superiors feel it would be reasonable for then- to pay 24J~ of the cost of the painting. Following much discussion, during which it was reiterated again that they had violated the Town Code by not obtaining the required building permits for their added installations, it was the consensus of the Town Con-mission that it would not be unreasonable to expect Centel to absorb 25~ of the cost of painting the water tower. Mr. Gan-in stated that he would have to return to his superiors with the request for 25~ as he is not authorized to approve sane. Mr. Gan-in noted that he would submit the corrected copy of the Lease Agreen-ent by September 13, 1988, to the Town Con-n-ission. REPORTS - TOWN COMMISSION: Mayor Betty Jean Stewart Mayor Stewart reported on the Beaches and Shores Council and stated that the Council feels that dredging is not the best solution to restoration; the Council is considering an alternative sand which cones fron- the Bahan-as. Aragonite is a calcium based type of sand that is mined on Ocean Keys in the Bahamas and is becon-ing n-ore cost effective than pun-p- ing sand from the ocean. Mayor Stewart noted that the Holiday Inn has installed the "Turtle" sign on their property. The next n-eeting of the Beaches and Shores Council, which Mayor Stewart will attend, is scheduled for September 19, 1988. .e ~} ~ Town Con-mission Regular Meeting Minutes September 7, 1988 Page 3 of 7 Vice Mayor John J. Basso No report. Conn-issioner David T. Robinson Commissioner Robinson submitted a letter dated September 7, 1988, addressed to Town Manager Mariano, stating his decision to resign fron- the Town Con-n-ission, effective in-n-ediately following the con-pletion of this Regular Meeting, rather than on Noven-ber 21, 1988, as initially indicated. Following a brief discussion of the natter, MOTION was made by COMMIS- SIONER ROME/COMMISSIONER SCHOLZ accepting the resignation with regret. Commissioner Robert F. Scholz No report. Commissioner Doris R. Rome Con-missioner Ron-e reported on a pedestrian/bike accident on the bike path which resulted in injury to a Town resident. It was noted that State Statute 316.2065 requires lights on bikes for night use and pro- vides a penalty in Section 316.207. It was noted that the Town Code has no provisions for bells on bikes. Commissioner Rome further stated that since we live in such a small Town, it would be an excellent idea for the Police to more closely supervise bike riders and, in so doing, establish a rapport with the Citizens of the Town. Following discussion, it was noted that the possibility of an ordinance to require bicycles to be equipped with bells n-ay be addressed in the future . REPORTS - TOWN ATTORNEY: Attorney Sliney reported that the Boca Hi and Citicorp litigation has now been assigned to Judge Richard Winnett; Boca Hi will not come to a hearing until 1989. Attorney Sliney noted that Mr. Delaney never sub~-itted anything to the Town Con-~-ission regarding settlement. Vice Mayor Basso reiterated his request to have his statement of June 28, 1988, reflected in the Minutes because if the Town goes to court, they will be aware of the fact that the Town has always tried to cooperate with Mr. Delaney. • Attorney Sliney noted that the Hoffman litigation has been assigned to Judge Edward Rogers and it would be unlikely that this matter would come up before 1989. Broadview Savings and Loan is in the Federal Court; there has been no action on this matter; discovery is to commence and to be complete by Decen-ber , 1988 . 1 ~ Town Con-n-ission Regular Meeting Minutes Septen-ber 7, 1988 Page 4 of 7 The legal firn- of Cohen and Silver (Mr. Coln-an's Attorneys) are repre- senting Itco; Mayor Stewart's deposition is scheduled for Noven-ber, 1988. Attorney Sliney advised the Town Con-n-ission that the Drexel matter is pending. The Town Commission was inforn-ed by Attorney Sliney that he had been contacted by Attorney Schuln-an of Miami, who represents the Bank of Nova Scotia, advising that they are the new owners (through foreclosure) of Royal Highlands Property and they will be asking questions regarding that site. It was noted that the fence at the Royal Highlands site is in disrepair and a Notice of Violation has been issued. Attorney Sliney advised that since the Bank is interested in that property, it would not hurt to send then- notice of what is going on at the site. REPORTS - TOWN MANAGER: Town Manager Mariano reported that the certification for the Interin- • Well Project was delivered by CDM to the Health Department last Monday. The Town should have a complete sign off by the Health Department in approxin-ately ten days. The surface coating of Russell Drive and the lowering of manholes on Russell Drive and Highland Beach Drive was completed at a lesser cost than the budgeted cost. The Town Manager reported that the Xeriscape Landscaping Project at the Bel Lido Entranceway is scheduled to be installed by Mang us Nursery the week of Septen-ber 15, 1988. Town Manager Mariano advised that she will propose an ordinance to pass through any increases fron- County Sanitation in regard to garbage fees. Following a brief discussion regarding problen-s with Saturday trash pick up by County Sanitation and Boca's Dispatch Operators' reluctance to convey messages to our Police on Saturdays, Town Manager Mariano noted that she would speak with Boca's Police Chief to ren-edy the situation. Town Manager Mariano reported that she was unsuccessful in obtaining contracts fron- three utilities contractors (which she contacted) for utility services to the Town of Highland Beach as the contractors are not interested in providing services to a town of our size. A n-en-o of August 19, 1988, from the Town Manager, recommending the renewal of the contract with Harvel Utility Construction, Inc. for a one year period, was sent to the Town Commission. It was noted that Harvel has not requested an increase in the last three years and their consultation fees have not changed. .5 ~ Town Commission Regular Meeting Minutes Septen-ber ?, 1988 Page 5 of 7 Following discussion, MOTION was rr-ade by VICE MAYOR BASSO/COMMISSIONER ROME to accept. the Agreement with Harvel Utility Construction, Inc., for one year. The MOTION carried without. objections. Town Manager Mariano reported that the Quarterly Budget Transfers, as recommended by the Financial Advisory Board on August 9, 1988, require approval of the Town Commission. MOTION was n-ade by COMMISSIONER ROBINSON/VICE MAYOR BASSO to accept the Quarterly Budget Transfers as subn-itted. The MOTION carried unanimously. BOARDS AND COMMITTEES: Vacancies on the various Town Boards were noted. Upon MOTION by COMMISSIONER ROME/VICE MAYOR BASSO, Helene Harris was re- appointed Regular Member of the Conar-unity Appearance Board for a period of three years. The MOTION carried unanimously. MOTION was made by COMMISSIONER ROME/COMMISSIONER ROBINSON to reappoint An-elie Leng to a three year tern- as Regular Member of the Planning Board. The MOTION received five favorable votes. MOTION was made by COMMISSIONER ROME/NICE MAYOR BASSO to reappoint Robert M. Gregerson to a one year tern- as an Alternate Me~t-ber of the Planning Board. MOTION carried without objection. PROPOSED RESOLUTIONS AND ORDINANCES: 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION", SECTION 2-41 (A) ENTITLED TOWN PLANNING BOARD; ESTABLISHMENT; TERMS; DUTIES, AND SECTION 2-50 (A) ENTITLED COMMUNITY APPEARANCE BOARD; ESTABLISHMENT; TERMS; DUTIES. This Ordinance had a first reading on August 2, 1988, and was published on August 12, 1988. The Deputy Town Clerk read the Ordinance in its entirety. MOTION was made by VICE MAYOR BASSO/COMMISSIONER ROME to adopt the Ordinance as read. The MOTION carried with all favorable votes. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR OPEN SPACE LAND AND RECREATION LAND DEDICATION, TO REQUIRE THE DEDICATION OF OPEN SPACE LAND AND RECREATIONAL LAND, OR THE MAKING OF "IN LIEU" PAYMENTS, BY THE DEVELOPERS OF MULTIPLE FAMILY UNITS AND SINGLE FAMILY UNITS, PROVIDING AN EFFECTIVE DATE. This Ordinance had a first reading on August 2, 1988, and was published on August 12, 1988. Attorney Sliney read the Ordinance in its entirety. Town commission Regular Meeting Minutes September 7, 1988 Page 6 of 7 It was the consensus of the Town Commission that several minor changes were in order. Following discussion, MOTION was made by COMMISSIONER ROME/VICE MAYOR BASSO to accept the Ordinance with the changes as noted. The MOTION carried without objection. 3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE TOWN CODE, CHAPTER 22 ENTITLED "SEWERS", SECTION 22-2 ENTITLED "SEWER SERVICE CHARGES" AND CHAPTER 29 ENTITLED "WATER SYSTEM", SECTION 29-1g ENTITLED "CHARGES FOR WATER SERVICE". Mayor Stewart gave first reading to the proposed Ordinance. Same will be placed on the Septe~t~ber Workshop Meeting Agenda. 4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING ORDINANCE NO. 552, WHICH APPROPRIATED FUNDS FOR FISCAL YEAR 1987/88, WHICH BEGAN OCTOBER 1, 1987, AND WILL END SEPTEMBER 30, 1988. The proposed Ordinance was given first reading by Mayor Stewart and will be placed on the September Workshop Meeting Agenda. 5. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING RESOLUTION NO. 483 WHICH SETS OUT ADMINISTRA- TIVE FEES TO PROVIDE FOR A UTILITY ACCOUNT TRANSFER FEE. The proposed Resolution was read, by title, by Mayor Stewart. Following discussion of this proposed Resolution, it was the consensus of the Town Commission that this item needed additional inforn-ation should be placed on the September Workshop Meeting Agenda. It was further the consensus of the Town Con-n~ission that although property owners may be allowed to transfer a billing name and address for a fee of $50.f~0, ultimate responsibility for the account would remain with the owner. REGULAR BUSINESS: ITEMS LEFT OVER: 1. Discussion re Board Notebooks:. Following discussion and review of the draft Code Enforcen-ent Board and Board of Adjustment Notebooks, several revisions were suggested. This matter will be readdressed at the September Workshop Meeting of the Town Con~n~ission. 2. Discussion re Water Resources Board: A proposed Resolution creating a Water Resources Board was read into the Minutes by Mayor Stewart who requested that the Town Conutrissioners subn-it any suggestions regarding this Resolution to the Town Town Con-~t~ission Regular Meeting Minutes September 7, 1988 Page 7 of 7 Manager. This matter will be included on the Agenda for the Special Meeting of the Town Con-tt-ission on September 2Pl, 1988. (This meeting was subsequently changed to Septen-ber 27, 1988.) CONSENT AGENDA 1. Authorization for Mayor to execute Equipn-ent Donation Agreement with Centel Cable for character generator. MOTION was made by VICE MAYOR BASSO/COMMISSIONER ROME to approve the Consent Agenda as submitted. MOTION carried without objection. There being no further business to cone before the Town Conu~-ission at this time, Mayor Stewart, upon proper MOTION, adjourned the Regular Meeting at 4:3f~ P.M. APPROVED: 7~ ~~~ L~- Bet Jea t art, Mayor .~ n J asso, Vice Mayor (Resigned as of 9/7/88) vid T.~Rob~~, Commissioner ~--- t_ ~ ~~. rt ~': Sch~ilz, ~ommissi~er f~i Doris R. Rome, Commissioner // J ATTEST DATE : ~~ amk • DAVIDT ROBINSON t 3912 SOUTH OCEAN BLVD HIGHLAND BEACH R_ 33487 Suite 603 September 7, 1988 Mrs. MaryAnn Mariano Town Clerk, Highland Beach Highland Beach Town Hall 3614 South Ocean Boulevard Highland Beach, Florida 33487 Dear Mrs, Mariano, Under Florida law', I must resign from the Town Commission no later than November 21, 1988. I have decided to resign today, September 7, 1988, at the completion of the Town Business meeting. By resigning now, I believe I afford the Town Commission the opportunity to appoint a new commissioner who can gain experience in the budget process and other town matters before the munciple election in 'March, 1989. I wish to thank the members of the commission and the entire town staff for their help and friendship over the past eighteen months. This public service has been an experience I will always treasure. Since ly, David T. Robin 305/276-8798