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1987.07.07_TC_Minutes_Regular• TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, July 7, 1987 1:30 P.M. A Regular Meeting of the Town Commission was called to order by Mayor Betty Jean Stewart at Town Hall in the Town Commission Chambers. Also present was .Vice Mayor Mary Louise G. Blosser and Commissioners David T. Robinson and Robert F. Scholz. Commissioner John J. Basso was absent. Also present were Town Attorney Thomas E. Sliney; Town Manager Hugh D. Williams; Town Clerk Mary Ann Mariano and various members of the gener~ al public. After Roll Call, the Pledge of Allegiance to the Flag was given. Approval of Minutes: May 26, 1987 r Workshop Meeting June 2, 1987 a Regular Meeting June 22, 1987 - Public Hearing re proposed Moratorium . MOTION was made by COMMISSIONER ROBINSON/COMMISSIONER SCHOLZ to approve the Minutes as submitted, which MOTION carried unanimously. Public Comments and Requests: Mr. Apron Leichtman of'~Citizens Against Tobacco Smoke addressed the Town Commission expressing his support for the proposed Ordinance which would prohibit smoking in all of the municipal buildings. Some litera- ture will be left with the Town Clerk regarding this matter. Mrs. Doris Rome, Chairman of the Planning Board, noted that she had been an offender in smoking within the Town Commission Chambers and had ceased from doing so when this matter came up. Mrs. Rome stated that she felt that a simple policy along with common courtesy should suffice in this situation without an ordinance. Mrs. Rome also addessed the Town Commission regarding a citation that Ambassador's East had receiv~ ed from the County for` a building sprinkler system which did not conform to the County's standards. Mrs. Rome noted that nine other condominiums had received citations, including Seagate, and requested that the Town Manager aid in supplying the information which would indicate which other condominiums had been cited. It is the intention of Ambassador's East to try to join the other cited buildings in filing suit against the County in this regard. Mr. Michael Dent of Casuarina addressed the Town Commission expressing his opposition to the non-smoking ordinance, stating that it was his feeling that "No Smoking" signs placed on all entrance doors would be adequate in this situation. Town Commission Regular Meeting • July 7, 1987 Page 2 of 6 REPORTS _ TOWN COMMISSION: Mayor Betty Jean Stewart r Mayor Stewart noted that there had been no meeting of the Beaches and Shores Council held this month, with the next meeting being scheduled for July 13. Revision of the Sea Turtle Ordinance, a general design memo with Environmental Impact statement, proposal of an ordinance for conceptual drafting of dune lines, and the Florida Beach Preservation Association Conference will be items addressed at the July 13 Meeting. With regard to the Beaches and Shores Council, Mayor Stewart requested that Commissioner Scholz be appointed Alternate to act in any necessary absences. The Town Commission concurred in this appointment, which will be ratified by Resolution at an early date. Mayor Stewart read a letter from Paul Felder of the Penthouse Highlands Condominium Association commending the Highland Beach Police Department for their apprehension of a burglar at that site. Vice Mayor Blosser noted that the police had been doing an outstanding job as evidenced by their monthly reports. • The Mayor advised that FIND (Florida Inland Navigational District) was hosting a Barbeque at KRB Ranch on July 9. If anyone is interested in attending, please advise the Mayor prior to this date. A meeting regarding the possible boundary changes in the MSTU of the Palm Beach Fire/Rescue District will be discussed at a meeting on July 8, 1987 at 1f~:0~J a.m. The Town Manager was directed to attend this meeting to review the proposed legislation. Vice Mayor Mary Louise G. Blosser Vice Mayor Blosser noted her concern over a statement made in a memor- andum submitted to the Boca Raton City Council by City Manager James Rutherford, which mentioned the Town of Highland Beach's desire to re~ tain its independence with regard to water problem solutions. It was the consensus of the Town Commission that no decision has been made as to which route the Town should take with regard to alternate sources of water and therefore it was felt that such statement was not in order. Town Manager Williams stated that such an idea may have come from him in his verbal communications with Mr. Rutherford. It was noted that Boca Raton had asked their engineer to look at CDM's Long Term Water Report to determine its impact on Boca Raton with regard to each of the proposed solutions. The Boca Raton City Council will address this matter at their July 27, 1987 Workshop Meeting at 1:30 p.m. The Town Commission stated that the Town Manager should attend this meeting and further should attempt to clarify the fact that the statement made by • Mr.Rutherford was not accurate in that no determinations have been made Town Commission Regular Meeting July 7, 1987 Page 3 of 6 by the Town of Highland Beach with regard to long term water needs. With regard to a recent request for fire reports from the Palm Beach Fire/Rescue Department, the Vice Mayor asked that breakdowns be obtain- ed as to single family, duplexes, condominiums etc. Further, Vice Mayor Blosser requested a statement as to the condition of the fire hydrants, a recommendation regarding the small line as cited in a 12/28/86 news-- paper article, and a statement as to what pressure requirements are for fire fighting needs within Highland Beach. Mayor Stewart noted that at her residence, early morning water pressure was extremely poor. Mr. Williams will obtain this information at an early date. Vice Mayor also requested that although the proposed building moratorr ium ordinance had failed, the Town should have a copy of it as revised at the July 6, 1987 Public Hearing for the records. Commissioner John J. Basso ~ Absent. Commissioner David T. Robinson Commissioner Robinson concurred in Vice Mayor Blosser's request for the fire information, further requesting that the Town Manager obtain a written statement from the Palm Beach Fire/Rescue Department as to the adequacy of the Town's water lines for purposes of fire fighting. In addition, Commissioner Robinson requested that Mr. Williams obtain inr formation as to what requirements would need to be met in order to re~- classify the Town's fire rating from 6 to 5. Commissioner Robert F. Scholz -- No report. REPORTS - TOWN ATTORNEY: Attorney Sliney read his June 6, 1987 response to Concordia Properties, Inc. June 2, 1987 and supplmental letter, indicating that the current request was still not in conformance with Town Codes and recommending that Mr. Colman address any further proposals to the Town's Planning Board. At the request of Vice Mayor Blosser, a copy of the Planning Boards recommendation regarding the denied Colman proposal will be att~ ached to these Minutes and made a part of the record. Attorney Sliney reported on a meeting with John Toshner of Gee & Jenson regarding the upcoming Comprehensive Plan review, noting that informa- tion had been given to Doris Rome, Planning Board Chairman. It was noted that there is a possibility of securing additional grant money to subsidize the Comprehensive Plan review costs. • Town Commission Regular Meeting July 7, 1987 Page 4 of 6 REPORTS ~ TOWN MANAGER: With regard to Mayor Stewart's request for a written report on water conservation, Mr. Williams indicated that such report would be complete by Friday, July 10, 1987. With regard to bid received on the improvements to the Bel Lido Bridge wingwalls, it was noted that three bids had been received with Hard Times, Inc., being the low bidder in the amount of $61,200. Two other bids received were in the amounts of $63,800 and $76,639. Mr. Williams stated that Russel and Axon, the engineers on the project, had verbally reported that Hard Times, Inc. had met all the bid criteria. Russel and Axon are in the process of doing a background check on the company to determine their credibility. A representative from Hard Times, Inc. was present and noted the Town's concerns by advising that the project would be completed without the closing of the Bel Lido Bridge. MOTION was made by COMMISSIONER ROBINSON/VICE MAYOR BLOSSER to award the bid to Hard Times, Inc. in the amount of $61,200.00 contingent upon Russel and Axon's approved background search, and to authorize the Town Manar ger to execute, the contract documents, after approval of same is given • by the Town Attorney. This MOTION carried unanimously. Mayor Stewart noted that a formal Resolution to ratify this action would follow at an early date. The Town Manager noted that he would be out of the office on Wednesday, July 8, 1987, attending a meeting of the Fire/Rescue District at 8:30 a.m. and a meeting with the Property Appraiser's Office re the TRIM Bill at 12:30 p.m. REPORTS _ BOARDS AND COMMITTEES: The various meeting dates and vacancies on the Boards were noted. MOTION was made by COMMISSIONER SCHOLZ/VICE MAYOR BLOSSER to re appoint Guy Galizia as a Regular Member of the Community Appearance Board until April of 1988 to complete his six years service on that Board. This MOTION carried unanimously. PROPOSED RESOLUTIONS AND ORDINANCES: 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING THE TOWN CODE OF THE TOWN OF HIGHLAND BEACH, CHAPTER 18, ENTITLED "OFFENSES-MISCELLANEOUS" BY THE ADDITION OF SECTION 18--17 TO BE ENTITLED "SMOKING WITHIN MUNICIPAL BUILDINGS PROHIBITED". This Ordinance was given first reading by title by Mayor Stewart. Vice Mayor Blosser feels that this ordinance will be unenforceable. Attorney Town Commission Regular Meeting July 7, 1987 Page 5 of 6 Sliney noted the provisions under Chapter 386 of the Florida Statutes which regard the State's Clean Air Act, wherein it is noted that said statute supercedes any county or municipal ordinances. Vice Mayor Blosser stated that she had requested information from the Town Manager which noted that only 4 complaints had been received in the past 6 months which did not give justification enough to adopt an ordinance in lieu of a policy. This proposed ordinance will be scheduled for dis- cussion at the July Workshop Meeting. 2. A RESOLUTION IMPLEMENTING AN INVESTMENT POLICY FOR THE TOWN OF HIGHLAND BEACH, FLORIDA. This Resolution was read in its entirety by Attorney Sliney. Upon MOTION of VICE MAYOR BLOS5ER/COMMISSIONER ROBINSON, this Resolution was adopted with a unanimous vote. 3. A RESOLUTION AUTHORIZING THE ENTERING INTO OF A LOCAL GOVERNMENTS SURPLUS FUNDS TRUST FUND BY THE TOWN OF HIGHLAND BEACH, FLORIDA. This Resolution was read by Attorney Sliney. An amendment was made in Section 1 to include authorization to the "Town Commission approved designee" in addition to the Town Manager. MOTION was made by COMMISSIONER ROBINSON/COMMISSIONER SCHOLZ to adopt the Resolution as amended. This MOTION carried unanimously. 4. A RESOLUTION AUTHORIZING THE TOWN MANAGER TO CLOSE THE SEWER REVENUE BOND SINKING FUND RESERVE ACCOUNT AT NCNB. This Resolution was read by Attorney Sliney. Amendments were made to delete references to "direct obligations of the United States of Ameri- ca such that principal and interest are guaranteed" and substitute in lieu thereof "in conformance with the Town's adopted Investment Policy" prior to Motion. It was noted that the Town Attorney had not read the actual bond documents which stated that the funds did not have to be in "direct obligation" accounts, and therefore the amendment was offered based on the recommendation of the Town Manager and Financial Advisory Board. MOTION was made by COMMISSIONER ROBINSON/VICE MAYOR SLOBBER to adopt the Resolution as amended. This MOTION carried unanimously. 5. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA ESTABLISHING CRITERIA TO BE USED TO DETERMINE THAT A WATER EMERGENCY EXISTS TO IMPLEMENT CHAPTER 29 OF THE TOWN CODE WITH REGARD TO SUCH EMERGENCIES. This Resolution was read by Attorney Sliney. Amendment was made to as the words "with collective measurements as set forth below" to the "Water Level Criteria for Water Restrictions utilizing Monitor Wells". 5/14/86 PLANNING BOARD MEETING MOTION re Lots 101 E & W, Concordia Properties, Inc. (P. Colman) MOTION BY JOHN WARD: (fzom tape) "Subject to resolving the legal obstacles and obtaining an affirmative opinion from the Town's Attorney, the Board regards the site plan submitted by Concordia Properties, Inc. as representing good planning which would be an asset to the Town." MOTION was seconded by Doris Rome. ROLL CALL VOTE: Waldman AYE Leng NAE Rome AYE Ward AYE Saunders AYE I ~ ELK Town Commission Regular Meeting July 7, 1987 Page 6 of 6 C~ MOTION was made by COMMISSIONER ROBINSON/VICE MAYOR BLOSSER to adopt the Resolution as amended. This MOTION carried unanimously. REGULAR BUSINESS: Items Left Over 1. Report from Town Manager and Building Official regarding the safety and stability of sales trailers with expired permits. The Town Manager noted that the subject trailers did not meet the cri- teria to be determined unsafe. Further recommendations will be forth- coming at the July Workshop Meeting. Consent Agenda 1. Approval of expenditure of $1,399.50 for Christmas Tree from Dixie Decorators. MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER ROBINSON to approve the Consent Agenda, which MOTION carried unanimously. There being no further business to come before the Town Commission at • this time, the meeting was adjourned at 2:50 p.m. APPROVED: MAYO BETTY JEAN STEWART VICE MAYOR MARY LOUISE G. BLOSSER IO R JOHN J. BASS ~~~~~ ~ ~~ O~ MMISSIONER DAVID`fi. ROBINSON '~ _ ~ COMMISSI NER ROBERT F. SCH ~~ ATTEST: DATE : CZ~~`~~ y / 9~ 7