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1987.11.03_TC_Minutes_Regular TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission Regular Meeting Tuesday, November 3, 1987 1:301 P.M. Mayor Betty Jean Stewart called the Regular Meeting of the Town Commission to order at 1:30! P.M. in the Commission Chambers at Town Hall. Others present were Commissioners John J. Basso, David T. Robinson and Robert F. Scholz. Vice Mayor Mary Louise G. Blosser was absent. Also present were Town Attorney Thomas E. Sliney, Town Manager Hugh D. Williams, Town Clerk Mary Ann Mariano and members of the general public. Roll call was taken and the Pledge of Allegiance given. Additions, Deletions and Adoption of Agenda: MOTION was made by COMMISSIONER BASSOjCOMMISSIONER ROBINSON to delete Item 1 under "Items Left Over" regarding newspaper racks from the Agenda. This MOTION carried unanimously. This item will be taken up at the November Workshop Meeting. Approval of Minutes: • September 29, 1987 October 05, 1987 October 06, 1987 October 14, 1987 - Workshop Meeting - Xeriscape Workshop Meeting - Regular Meeting - Special Meeting MOTION was made by COMMISSIONER BASSO/COMMISSIONER ROBINSON to approve the Minutes as submitted. This MOTION carried unanimously with favorable votes. Public Comments and Requests: Mr. Carmine Zeccola, Talent Bank Applicant, interested in serving on the Board of Adjustment, introduced himself to the Town Commission. Mr. Zeccola's application will be further discussed at the November Workshop Meeting. Mr. Michael Dent, of Casuarina, addressed the Town Commission urging them to purchase a new police car from a local source rather than "piggy backing" on the Boca Raton bids as recommended by the Town Manager. Mr. Dent further requested clarification of the relationship between the Police Advisory Board, the Town Manager and the Town Commission, indicating that the Town Manager's actions with regard to the Police Advisory Board was creating a morale problem in the Police Department. Mr. Dent further reminded the Town Commission that an Alternate vacancy existed for which Mr. Charles Buccario had applied quite some time ago. • • Town Commission Regular Meeting November 3, 1987 Page 2 of 6 REPORTS -- TOWN COMMISSION: Mayor Betty Jean Stewart Mayor Stewart extended thanks to the Town Commission for their willing- ness in conducting several meetings during her recent absence. Mayor Stewart noted a meeting to be held on November 4, 1987 at the Palm Beach County Governmental Center by the Board of County Commissioners regarding minority businesses. Mayor Stewart noted correspondence from the Florida House of Representa- tives House Resources Committee regarding re--cycling. This correspond- ence was passed on to Commissioner Scholz for review. Mayor Stewart announced that the Town would be holding a 5:A1 P.M. Public Hearing on November 17, 1987 to solicit input into an ordinance which amends the Zoning Map of the Town to incorporate recent changes made to the Town's Comprehensive Plan. Mayor Stewart directed the Town Manager to supply Mr. Dent with a copy • of the Resolution creating the Police Advisory Board in order that he might be made aware of what their responsibilities are. Vice Mayor Mary Louise G. Blosser - Absent Commissioner John J. Basso Commissioner Basso read an editorial which appeared in the Sun Sentinel on Sunday, November 1, 1987 commending the Town's position on opposing permits to dredge the Intracoastal Waterway. Commissioner Basso noted that several residential homes had been trim- ming trees and placing the cuttings in lots across the road from them. Commissioner Basso noted that these residents should be made aware of the Town's ordinance with reference to debris. Commissioner Basso then complained that debris still existed on the Beach Walk West site after removal of the sales trailer. Attorney Sliney noted that this matter would be within the jurisdiction of the Code Enforcement Officer. The Town Manager was directed to take what- ever action was necessary to have this matter attended to. It was noted that the sales trailer permit on Royal Highlands will expire on November 17, 1987. There is no action necessary on this matter until a request is made for renewal of the permit at which time the present status on the property will be taken into account prior to • any renewals. It was noted that a lien had been placed on the property which will result. in a Sheriff's Sale on November 19, 1987 if the lien . Town Commission Regular Meeting November 3, 1987 Page 3 of 6 is not satisfied by that time. It was further noted that the Town's present Settlement Stipulation calls for substantial completion of the Royal Highlands project by November of 1988. Mayor Stewart asked that the Town Manager find out the status of the water bill on this property which can also be considered upon any review of a request for an exten- sion on the sales trailer. Commissioner David T. Robinson With regard to the matter of debris and cuttings being placed on vacant private property, it was noted that one of the problems was that most of the time there were not witnesses as to who might place the cuttings on vacant property. It was the consensus of the Town Commission that this was in fact the responsibility of the property owner to see that the lot is kept clean. The Town Manager will write a letter to the private property owners advising of the Town Code and requesting that this practice be stopped voluntarily or citations will begin to be issued. Commissioner Robinson requested that an item to discuss "wake laws" along the Intracoastal be scheduled for the November Workshop Meeting. The Town Clerk noted that the Town had done some research on this matter • during late 1984 which will be made available to the Town Commission. Commissioner Basso noted that additional information had been obtained during 1983 on this matter which will also be made available. Commissioner Robert F. Scholz Commissioner Scholz noted that he had some remarks regarding his concerns about the appearance of the newsracks; however, he would hold them until the November Workshop Meeting. REPORTS -- TOWN ATTORNEY Mayor Stewart noted that Concordia Properties has submitted a voluntary dismissal to the court regarding their Appeal. Mayor Stewart commended the Town Attorney on a fine job in winning this case. Attorney Sliney stated his hope that this action would have good side effects on other pending litigation. With regard to the Town's liability insurance for public officials, Attorney Sliney requested that the Town Manager obtain written verifica- tion from the Town's insurance carrier that the Town has all the insurance coverage available to it. Attorney Sliney noted that although the Town has an indemnification clause in its code, any judgements against the Town not covered by the insurance would have to be taken out of the general fund of the Town. • Attorney Sliney noted that with regard to the recent settlement of the Road and Bridge Fund lawsuit, a request had been made for each of the • Town Commission Regular Meeting November 3, 1987 Page 4 of 6 affected municipalities to sign limited releases in order to receive their prorata share of the settlement. The Town's share of these funds is $21,188.03. The execution of this Limited Release does not release Palm Beach County from the payment of interest on the principal amount of the Amended Final Judgement, if interest should be found to be due as a result of the appeal in this case presently pending in the District Court of Appeals, Fourth District. MOTION was made by COMMISSIONER BASSO/COMMISSIONER ROBINSON to authorize the execution of the Limited Release to receive the Town's prorata share of the Road and Bridge Fund settlement. This MOTION carried unanimously with favorable votes. It was noted that these funds would be deposited into the General Fund and possibly used to improve Russell Drive. Attorney Sliney noted that he had reviewed the Town's newsrack ordinance and had highlighted several sections which are pertinent to the discussion which will be had at the November Workshop Meeting. These sections will be distributed to the Town Commission prior to the November Workshop. Mayor Stewart asked about the arrangements being made with Hoffman/ Broadview for an agreement encompassing those requirements made with • regard to the permit extension granted on October 27, 1987. Mayor Stewart specifically asked about the size of the mangrove plants. Mr. Williams stated that an agreement had been reached that the plantings would be at least 2 year old mangroves. Attorney Sliney indicated that he and Attorney Worsham were in the process of working up a specific agreement with regard to these items. REPORTS - TOWN MANAGER With regard to the THM project, Mr. Williams indicated that notification had been received from the DER of their intent to issue the necessary permit upon the Town doing some mandatory advertising. Mr. Williams further advised that the mandatory advertising had already been done and expects to have the DER permit in hand by mid November. The target date to start this project is the first week. of December with completion by the end of December. With regard to the permit required from the City of Boca Raton, Mr. Williams indicated that they were still waiting for information which has to be supplied by Camp Dresser & McKee. The Town Commission directed Mr. Williams to physically visit CDM to note the Town's concern that this information has not been supplied to Boca Raton. Mr. Williams had indicated that numerous telephone calls on this matter had been ignored. Mayor Stewart noted an October 22, 1987 letter from the South Florida Water Management District formally advising of the Town's being approved for funding in the Xeriscape project. A cooperative agreement will be forthcoming for the Town's review and execution. Town Commission Regular Meeting November 3, 1987 Page 5 of 6 REPORTS BOARDS AND COMMITTEES: The existing vacancies were noted. MOTION was made by COMMISSIONER ROBINSON/COMMISSIONER BASSO to re- appoint Gilbert Lorenz as a Regular Member of the Board of Adjustment for a three year term. This MOTION carried unanimously with favorable votes. PROPOSED ORDINANCES AND RESOLUTIONS: 1. 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 (1st Reading 8/4/87; Published 8/14/87) This Ordinance was read in its entirety by the Town Clerk after which MOTION was made by COMMISSIONER BASSO/COMMISSIONER SCHOLZ to adopt same. Upon roll call vote, all voted aye. Mr. Williams advised that he had received information that the tipping fees would be going to $36.00 for the 1988/89 year with tipping fees going to $56.00 for the 1989/90 year. The tipping fee increase will be added directly to the tax bills with the Town's bills only reflecting any increase in collection fees. 2. AN ORDINANCE OF THE -TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 28--1/2, TREES, SHRUBS AND VEGETATION, OF THE CODE OF ORDINANCES, BY PROVIDING FOR XERISCAPE (WATER CONSERVATION CODE; PROVIDING FOR ENFORCEMENT; AND PROVIDING AN EFFECTIVE DATE (1st Reading 9/1/87; Published 9/11/87) This Ordinance was read in its entirety by the Town Clerk. MOTION was made by COMMISSIONER BASSO/COMMISSIONER ROBINSON to adopt the Ordinance. Under discussion, Section 11 of the Manual was again discussed with Commissioner Robinson expressing his concern regarding the use of mechanical equipment in Natural Plant Communities. Mayor Stewart explained that the only properties affected by this section would be those applying for a permit under the terms of this Ordinance. It was the consensus of the Town Commission that Section 11 of the Xeriscape Manual remain as originally drafted. The vote was then taken on this MOTION which carried unanimously. It was again noted that the only 'Item Left Over' had been deleted from the Agenda. There being no further business to come before the Town Commission at this Regular Meeting, same adjourned at 2:30 P.M. Town Commission Regular Meeting November 3, 1987 Page 6 of 6 APPROVED: ~~ ~^ Betty Jean Stewart, Mayor Mary Louise G. Blosser, Vice Mayor J~arhyY J ,~~YS 9~0 , S.; omm i s s i o n e r 'd T. Robinsor~-6~mmissio~ ~~,~ s-----~ Robert F. Scholz, Commissioner ATTEST: TOWN CLERK-~CiZ;~7 • DATE : ~~_ ~8' 7