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1988.11.01_TC_Minutes_Regular~- i .TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, November 1, 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, Commissioners Robert F. Scholz, Doris R. Rome and Marvin A. Waldman. Also in attendance were Town Attorney Thomas E. Sliney, 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 Town Commission, upon MOTION by;COMMI.SSIONER 3CflOLZfCOMMI°SSIONER ROME, adopted the Agenda as submitted. APPROVAL OF MINUTES The following Minutes were submitted for approval: September 27, 1988 September 27, 1988 September 27, 1988 October 05, 1988 October 18, 1988 October 18, 1988 - Workshop Meeting - Special Meeting - Public Hearing - Regular Meeting - Special Meeting - Public Hearing COMMISSIONER ROME/VICE MAYOR BASSI MOVED to accept the Minutes as submitted. PRESENTATION OF RESOLUTION'NO. 546 TO FORMER TOWN COMMISSIONER DAVID"T.'ROBINSO`N. Resolution No. 546 honoring former Town Commissioner David T. Robinson was read in its entirety and, upon MOTION by CO[~MISSIONER`ROME~VICE MAYOR BA5S0, same was adopted. Mayor Stewart, presenting the Resolution to David T. Robinson, noted that the former Town Commissioner was elected on March 10, 1987 and served in that capacity until September 7, 19$8. The former Town Commissioner expressed his thanks and appreciation to the Town Commission for this Resolution and stated that public service is a rewarding experience. Town Commission Regular Meeting Minutes November 1, 1988 Page 2 of 6 PUBLIC COMMENTS AND REQUESTS Resident Philip Colman, developer of the Villa Magna and Villa Nova, congratulated the newest Member of the Town Commission, Marvin A. Waldman, and publicly acknowledged Commissioner Doris R. Rome. Mr. Colman welcomed the opportunity to announce to the Town Commission that Villa Nova received its third design award (two for architecture and one for kitchen design). REPORTS - TOWN COMMISSION Mayor Betty Jean Stewart The Mayor reported that she had been unable to attend the Beaches and Shores Meeting in October but hopes to be present at their November Meeting. Mayor Stewart noted that that two vacancies still exist on the Water Resource Advisory Board and the Mayor proposed the nomination of John Littlejohn (an Alternate Member of the Planning Board) to fill one of the positions. • Following discussion, COMMISSIONER ROME./COMMISSIONER SCHOLZ MOVED to appoint John Littlejohn to the Water Resource Advisory Board. The MOTION carried unanimously. With this appointment, there now exists just one vacancy on the Water Resource Advisory Board. Vice Mayor John J. Basso No report. Commissioner Robert F. Scholz No report. Commissioner Doris R. Rome No report. Commissioner Marvin A. Waldman No report. REPORTS - TOWN ATTORNEY The Town Attorney reported that in January of this year, the Town passed and adopted Resolution No. 521 which proposed agreements with Ince and Hertel and it set out several conditions which were to be met; i.e. the property (the four approximate rectangular lots running from AlA to the Town Commission Regular Meeting Minutes November 1, 1988 Page 3 of 6 Intracoastal Waterway) be conveyed to Ince and Hertel. Attorney Sliney noted that Bob Eisen, attorney for Peter Ince, is basically requesting that the Town send them a copy of the release agreement which the Town executed. Attorney Eisen explained that this new release agreement is in the same form and has the same substance as the one adopted by Resolution No. 521. Under the original document, continued Attorney Eisen, Ince and Hertel were to acquire four lots and Bill Frederick would own the house and amenities building; we are now purchasing the entire properties so this new release agreement is for the entire properties. Attorney Eisen noted that the properties will be listed in the name of Atwell, Trustee, as Mr. Atwell is an associate (he holds title) and the Barnett Bank (providing the financing) requires that his name be on the title. Town Attorney Sliney explained that, if the Town Commission agrees, the two conditions of the release agreement are that the properties would be conveyed to the Joseph Atwell, Trustee, with the second requirement re- maining the same, i.e. the lots are four good building lots. Attorney Sliney stated he would like to have whatever documentation Attorney Eisen and his clients may have regarding the building lots reviewed by Building Official Hardy to determine that the properties are good for four building lots. Following much discussion, VICE MAYOR BASSO MOVED to authorize the Mayor to sign an amended agreement regarding the Frederick Property (Byrd Beach) West side of AlA, upon the Town Attorney's approval that all requirements have been met. COMMISSIORER WALDMAN seconded the MOVE which carried unanimously. REPORTS - TOW14 MANAGER Town Manager Mariano noted that a response to the Town's written request was received from Delray Beach concerning reimbursement to Highland Beach for expenses incurred during the time that Delray Beach's water line was undergoing repairs. Delray Beach replied that it does not feel any obligation to absorb the expenses that Highland Beach incurred as a result of that break in their water line. The Town Manager advised the Town Commission that she will discuss this matter with the Town Attorney. BOARDS AND COMMITTEES Mayor Stewart noted that the Planning Board has scheduled several Meetings regarding the Comprehensive Plan and the Building Department Procedures. At the Public Participation Workshop Meeting on November 9, 1988 at 1P1:3P! A.M., the amended draft elements for the Comprehensive Plan will be discussed. It was noted that drafts of Member Information Notebooks have been received from the Planning Board and the Community Appearance Board. . . Town Commission Regular Meeting Minutes November 1, 1988 Page 4 of 6 The Board of Adjustment is expected to complete their draft of their Member Information Notebook. When Mayor Stewart inquired if the Town Commission would want to schedule a Workshop Meeting to review the matter of the Member Infor- mation Notebooks, the Commissioners agreed same should be scheduled for Friday, November 18, 1988 at 1:30 P.M. Following a brief discussion regarding the vacancy on the Code Enforcement Board, COMMISSIONER SCHOLZfVICE MAYOR BASSO MOVED to re- appoint Joseph W. Sieff to the Code Enforcement Board for a three year term. The MOTION carried without objection. PROPOSED RESOLUTIONS AND ORDINANCES AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE FOLLOWING SECTIONS OF THE TOWN CODE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, TO WIT: CHAPTER 3, ENTITLED "AIR CONDITIONING CODE", SECTION 3.6, ENTITLED "PERMIT FEES FOR INSPECTIONS", CHAPTER 9, ENTITLED "ELECTRICAL CODE", SECTION 9-3, "SCHEDULE - ELECTRIC PERMIT FEES", CHAPTER 7, ENTITLED "BUILDINGS" SECTION 7.1.1 ENTITLED "AMENDMENTS TO STANDARD . BUILDING CODE (SECTION 107.4). PROVIDING FOR PERMIT FEES; CHAPTER 19, ENTITLED "SAME - AMENDMENTS, DELETIONS AND ADDITIONS" (SECTION 1016.3) "SCHEDULE OF PERMIT FEES"; PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinance had a first reading on August 3, 1988 and was published on August I2, 1988. The Deputy Town Clerk read the Ordinance, which had been a Town Commission Agenda item for several months, in its entirety. Following discussion, the Town Commission made some minor changes and the Ordinance was adopted, as amended, upon MOTION by COMMISSIONER ROME/VICE MAYOR BASSO. The MOTION carried unanimously. 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. The proposed Ordinance was given first reading on October 5, 19.88 and was published on October 14, 1988. The Deputy Town Clerk read the Ordinance in its entirety. Same was adopted upon MOTION by VICE MAYOR BASSO/COMMISSIONER SCHOLZ. The MOTION carried without objection. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING • THE CODE OF ORDINANCES, CHAPTER 7, ENTITLED "BUILDINGS", BY THE ADDITION OF SECTION 7-6 TO BE ENTITLED "WATER AND SEWER IMPACT FEES REQUIRED". .. Town Commission Regular Meeting Minutes November 1, 1988 Page 5 of 6 The proposed Ordinance was given first reading, by title only, by Mayor Stewart who requested that the Town Manager post these fees on the Town Hall Bulletin Board by Friday, November 4, 1988. REGULAR BUSINESS ITEMS LEFT OVER: 1. Discussion re Hidden Harbor Substantial discussion regarding the Hidden Harbor Project took place. Pursuant to re-submission of the October 28, 1988, letter incorporating those changes as set out, and agreed to by the representatives and Members of the Town Commission, at this meeting, the following MOTION was proposed by COMMISSIONER ROME/COMMISSIONER SCHOLZ: "That we reinstate the permit for 90 days as per the clean letter dated November 1, 1988, which will incorporate all of the points set forth in the letter of October 28, 1988, with corrections made today. Said letter is to be attached and made a part of the permit to be issued by the Town." The MOTION carried without objection. Representatives of Hidden Harbor agreed to submit a quarterly report to the Town regarding the status of the survival and replacement of mangroves commencing May 1, 1989, at which time the report will also be submitted to the DER. In addition to that report, Hidden Harbor will provide a monthly progress report to the Town during the term of the permit. 2.Discussion re Royal Highlands A brief discussion regarding Royal Highlands followed and it was noted that written information was received to indicate that the Bank of Nova Scotia is the title hold (by foreclosure) of that property. Town Attorney Sliney noted that he is reviewing the Agreement relating to that property in order to determine the appropriateness of the request from the Bank of Nova Scotia regarding the re-issuance of the building permits on that project. It was also noted that the Bank of Nova Scotia, more than likely, would not want to develop that property themselves. • With all the Agenda items having been addressed, and upon proper MOTION by VICE MAYOR BASSO/COMMISSIONER SCH©LZ, Mayor Stewart adjourned the Regular Meeting of the Town Commission at 3:45 P.M. ,. Town Commission Regular Meeting Minutes November 1, 1988 Page 6 of 6 APPROVED: Betty e n t art, Mayor y~. n "6~YV~' Jo J. B ~\\ice Mayor ti Robert. F. Scholz, Commiss' ner Doris R. R me, Commissioner '~ Mar in A. Waldman, Commissioner ATTES Date: i