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1988.10.05_TC_Minutes_RegularM •. 4 TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meetinq of Town Commission REGULAR MEETING Wednesday, October 5, 1988 1:30 P.M. The Regular Meeting of the Town Conn+ission was called to order at 1:30 P.M. by Mayor Betty Jean Stewart in the Conn+ission Chan+bers at Town Hall. Others present were Vice Mayor John J. Basso. and Commissioners Robert F. Scholz and Doris R. Rome. Also in attendance were Town Attorney Thon+as E. Sliney, Town Manager Mary Ann Mariano, Deputy Town Clerk Anne M. Kowals and men+bers of the general public. Following roll call, the Pledge of Allegiance was given. Adoption of Agebda- It was noted that the third Ordinance listed under PROPOSED RESOLUTIONS AND ORDINANCES should be corrected to read "anrendinq Ordinance No. 552". As there were no other corrections, deletions or additions, the Agenda was adopted as corrected, upon Mt,~TIt>Di by 'COMI~ZSSTQBER` RQI"tS/`CQI+Ii~[ISSI4RER SCH4LZ. The MQT'I~N carried unanimously. Approval of Minutes The following Minutes were submitted for consideration: August 30, 1988 - Workshop Meeting Septen-ber 7, 1988 - Regular Meeting Septen-ber 9, 1988 - Public Hearing VICE MAYQR BASSO/COMrIL~+SI`fi~ER •1~01~iE made a MOTI0D1 to approve the Minutes as submitted. The MOT'IQB carried with favorable votes. SPECIAL RESQLE~TI~T" Att18 S1~EAB3BC `Its ` QF MAlRSi'III''A. -'~~i1AIyI71rlA~i AS ''Tt)Wiq C4MMI:SSIABER A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, MAKING AN APPOINTMENT TO FILL THE VACANCY CREATED BY THE RESIGNATION OF COMMISSIONER DAVID T. ROBINSON. The above Resolution was read by the Deputy Town Clerk. Upon MQTIAB by VICE MAYQR BASSOfCQI~tAITTSS"IQ~7BR'leQfiiS, the Resolution was adopted without objection, with each Town Commission Men+ber voting 'AYE'. At this time, Town Manager Mariano administered the 'OATH OF OFFICE' to Marvin A. Waldn+an. Con+n+issioner Waldman expressed his appreciation to the Town Conn+ission for having placed their trust in hin+ and further stated that he is honored to serve on this Con+n-ission. U Town Conu~-ission October 5, 1988 Page 2 of 6 Regular Meeting Minutes Public eo~m+aats amd Requests None. RL~P4RTS - TflWM Cfl1+I1~IISSYObT Mayor Betty Jean Stewart Mayor Stewart reported on the Septen-ber 20, 1988, Meeting of the Beaches and Shores Council and noted that the name is being changed to the Palm Beach Countywide Beaches and Shores Council. The Mayor further noted that there was a presentation at that Council Meeting regarding another type of beach restoration (STABEACH) which is another ct-ethod of erosion prevention. Mayor Stewart stated that this method is being used throughout the U.S. and it appears to have some merit. Mayor Stewart noted that the Town should lend support to those projects that deal with beach restoration. The Mayor noted that the Next Meeting of the Paln- Beach Countywide Beaches and Shores Council is scheduled for October 17, 1988. Vice Mayor John J. Basso No report. Commissioner Robert F. Scholz No report. Con-n-issioner Doris R. Rome Commissioner Rome had no report but noted that, during vacation tine, there is a problem with parking vans/recreation vehicles, etc., at the various condominiums where parking of such vehicles is prohibited by the condominium rules. Because of the liability involved in such matters, these vehicles are no longer permitted to be parked behind Town Hall. It now becon-es a problen- during the vacation season. Following a brief discussion, it was suggested that the Con-n-issioner n-eet with the Police Chief to see if they can arrive at some solution to this problen-. Commissioner Marvin A. Waldman No report. REPORTS - Tfl~] "'ATTflRR~Y Attorney Sliney reported that he has written to Attorney Schulman who represents the Bank of Nova Scotia who, in fact, closed on the Teron Property through foreclosure, and who may be submitting alternate plans for that site. Attorney Sliney further noted that, in his letter, he mentioned the n-aintenance of that parcel; it is on record that the Town wants the owner to pay close attention to the n-aintenance of that . Town Con-n-ission Regular Meeting Minutes October 5, 1988 Page 3 of 6 property.. The Town Attorney reported that, to date,. he :.has received no reply from Attorney Schulman; however, he did receive numerous phone calls from people regarding this property who have indicated that the foreclosure went through. Attorney Sliney also noted that he spoke with an attorney who is a local counsel for the Bank of Nova Scotia and he confirmed that the property had been foreclosed. REP~RT'B ., TI~I~'''1~~~fiER Town Manager Mariano inforn-ed-the Town Con-n-ission that the Highland Beach Water Treatment Plant was awarded a plaque of con-n-endation from the Florida Water and Pollution Control Operators Association for being the best operated water treatment plant in Region VI (Palm Beach County. The Town Commission requested that the Town Manager prepare a letter of congratulations to Utilities Director Jack Lee and his staff. A proposed Resolution amending the "Zoning in Progress Resolution" to permit voluntary density reduction in select cases was submitted by the Town Manager for discussion. The Town Attorney noted that this proposed Resolution would be tied into the Zoning Ordinance in effect at the tin-e an application is submitted to the Town. The Town Attorney further • noted that the Town can not disregard any court orders on parcels; if the Town made agreements with property owners in good standing, those agreen-ents stay in effect until expiration or until the property owners do not con-ply with the agreement. This matter will be readdressed at a Special Meeting of the Town Conn-ission on Tuesday, October 18, 1988, at 4:00 P.M. Commissioner Ron-e requested that copies of the proposed Resolution and "Zoning in Progress" Resolution No. 522 be available to all Conn-issioners prior to the Special Meeting of October 18, 1988. B4piR~R l~i~~~ O~IIT4EES The scheduled n-eeting of the various Town Boards and Con-n-ittees were noted by the Town Con-n-ission. PRE~P4SED RES~EITI4~lE" liDt~~ A~I'BAliCES 1. AN ORDINANCE OF THE-TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 30, SECTIONS 4.6 (e) (11), 4.5 (e) (11) AND 4.4 (e) (11) TO ELIMINATE THE INCREASE TN BUILDING HEIGHT PERMITTED IN THE RMH, RMM AND RML-2 DISTRICTS WHERE A PARKING STRUCTURE IS LOCATED THROUGHOUT THE AREA BENEATH THE PRINCIPAL BUILDING. The proposed Ordinance was given first reading, by title only, by Mayor Stewart. This natter will be placed on the Agenda for the October 25, 1988, Workshop Meeting of the Town Con-n-ission, after being the subject . of a Public Hearing scheduled for 5:01 P.M. on October 18, 1988. Town Con-n-ission Regular Meeting Minutes October 5, 1988 Page 4 of 6 2. 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 29-10 ENTITLED "CHARGES FOR WATER SERVICE". The proposed Ordinance was read in its entirety by the Deputy Town Clerk. MOTION was n-ade by VICE MAYOR BASSO/CO1+lMISSIONER RIME to adopt the Ordinance. The MOTION carried with all 'AYE' votes. 3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING ORDINANCE N0. 552, WHICH APPROPRIATED FUNDS FOR FISCAL YEAR 1987/88, WHICH BEGAN OCTOBER 1, 1987, AND WILL END SEPTEMBER 30, 1988. The Deputy Town Clerk read the proposed Ordinance in its entirety. A MOTION n-ade by COI+IMITSiOb1ER- RAME/VICE MAYDR BASSO to adopt the Ordinance carried unanin-ously. 4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR UTILITY RATES, FEES, ANDjOR CHARGES SPECIFICALLY AMENDING HIGHLAND BEACH CODE SECTION 11-13 OF CHAPTER 11 RELATING TO GARBAGE AND TRASH CHARGES. The proposed ordinance was given first reading, by title only, by Mayor Stewart. Same will be placed on the Agenda for the October 25, 1988, Workshop Meeting of the Town Comn-ission. 5. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING RESOLUTION N0. 483 WHICH SETS OUT ADMINISTRA- TIVE FEES TO PROVIDE FOR A UTILITX ACCOUNT TRANSFER FEE. The proposed Resolution was read in its entirety by the Deputy Town Clerk. Upon MOTIObi by CO~iMISS;LONRR 'E/COi~I4ISSI6ab1ER SCHOLZ the Resolution was adopted without objection. 6. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REQUESTING THAT THE STATE OF FLORIDA UNITED STATES CONGRESSIONAL DELEGATION TAKE THE NECESSARY STEPS TO ENSURE CONTINUED FUTURE FUNDING FOR TWELVE OR MORE UNITED STATES AIR FORCE WC-130 AIRCRAFT OR SIMILARLY EQUIPPED. AIRCRAFT FOR METEORO- LOGICAL ANALYSIS OF STORM EVENTS IN THE INTEREST OF PUBLIC SAFETY AND WELFARE. The Deputy Town Clerk read the proposed Resolution in its entirety. A MOTION was made by VICE MAYOR BASSOjCOMMISSIO~iER SCIi0L8 to adopt the • Resolution. With the MOTI®N on the floor, the natter was open for discussion. It was suggested that the Resolution be amended by deleting ,;., Town Conn-ission October 5, 1988 Page 5 of 6 Regular Meeting Minute the following: "the coastal n-unicipalities of Paln- Beach County and the Palm Beach County Board of County Con-missioners". COMMISSIONER ROl~1E amended VICE MAYOR BASSO'S MOTION to delete the few words. The Vice Mayor accepted the amendment to his MOTLObI which was then adopted, without objection, by voice vote. REGflLAR BIISIDIESS I TEl-!IS .LEFT AVER: 1. Appointn-ents re Water Resources Advisory Board It was noted that at the Septen-ber Workshop Meeting of the Town Conut-ission the following were recon-n-ended for appointment to the Water Resources Advisory Board: Arthur Keller, Reese James and Dick Brunton. CO1!,IMISSIO~IER :ROME MOVER that the Town Commission appoint the above named people to the Board at this tine. The MOVE was seconded by COMMISSIONER SCHOLZ and carried unanimously. It was the consensus of the Town Commission that the two ren-aining posi- tions on the Water Resources Advisory Board should be addressed at a • later date. 2. Discussion re Town Boards Luncheon Town Manager will allow a for November Breast of Ch Layer Cake. the count of Mariano advised choice of three 15, 1988, at 12 icken and Fillet The Holiday Inn each entree req the Town Con-n-ission that the Holiday Inn entrees for the Town Boards Luncheon set noon . The entrees offered are : Pr in-e Rib , of Sole. The dessert will be a Strawberry must be advised by November 11, 1988, as to uired. MOTION was made by VICE MAYflR BASSQ-/COI~1lsLSSLO~dER WALD1~iA~1 to host the Board Luncheon on November 15, 1988,-at 12 noon; lunch will begin at 12:34! P.M. The MOTION carried without objection. 3. Proposed An-endn-ents to Hurricane Procedures Town Manager Mariano noted that the changes were n-ade and all that is required is a motion to adopt the An-endn-ents to the Hurricane Procedures. VICE MAYOR BASSOfCOMMTSSIONER WALDMAN made a MOTION to adopt the Amendments to the Hurricane Procedures. Said MOTION received all favor- able votes. •~ . ~- ~ - Town Con-mission • October 5, 1988 Page 6 of 6 CONSENT AG~;b1DA: Regular Meeting Minutes Approval of Unity of Title, Di Renzo Residence (Lots 110/111 West) Approval of Tasks 1, 2 and 3 of proposal by James M. Montgomery for underground storage tank relocation at a cost not to exceed $22,800. MOTION was made by VICE MAYOR BASSO_/~OMMLSSIONER RIME to adopt the Consent Agenda as submitted. The MQTIOb~ carried without objection. There being no further business to come before the Town Con-mission at this tin-e, Mayor Stewart adjourned the Regular Meeting at 2:45 P.M. APPROVED : ?' ~ Bet ,dean/, tey~iart, Mayor _~ / ~!~ J. ass-s~e..,`Vice Mayor ATTEST: Date: Robert Sc lz , is~~ner Doris R. Rome, mmissioner