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1986.08.05_TC_Minutes_Regular TOWN OF .HIGHLAND BEACH, FLORIDA . Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, August 5, 1986 1:30 P.M. The Regular Meeting of the Town Commission was called to order in the Town Commission Chambers by Vice Mayor Mary Louise G. Blosser in the absence of Mayor Edward J. Sullivan. Also present were Commissioners John J. Basso, William A. Grier and Betty Jean Stewart. Also present were Town Attorney Thomas E. 5liney; Town Manager Hugh D. Williams; Town Clerk Mary Ann Mariano and various members of the gen- eral public. The Roll Call was taken and the Pledge of Allegiance was given. Approval of Minutes: June 20, 1986 - Special Meeting June 24, 1986 - Special Meeting June 24, 1986 - Workshop Meeting July 1, 1986 - Regular Meeting July 7, 1986 - Special Meeting July 17, 1986 - Special Meeting MOTION was made by COMMISSIONER BASSO/COMMISSIONER GRIER to approves the Minutes as submitted. This MOTION carried unanimously. Public Comments and Requests: None REPORTS - TOWN COMMISSION: Mayor Edward J. Sullivan - Absent Vice Mayor Mary Louise G. Blosser - The Vice Mayor noted the Budget Workshop to be held by the Town Comm- ission to be held on August 7, 1986 at 1:391 p.m. The Vice Mayor will put a copy of the Council of Governments Minutes on the Clipboard for the Town Commission's information. ` The Vice Mayor requested that the Town Manager prepare a written report on the long term requirements of the Town regarding water, including recommendations on possible restrictions, use of interlocal`~~ agreements etc. should the in-season demand necessitate same. ~ Further, the Vice Mayor requested that the Town Attorney prepare a report on the feasibility of a moratorium due to the fact that the safety and welfare of residents would be at stake should a water Town Commission Regular Meeting August 5, 1986 • Page 2 of 7 shortage be faced by the Town.To be scheduled for August Workshop. ~ Commissioner John J. Basso - No report. Commissioner William A. Grier - Commissioner Grier noted that three letters of resignation had been `"P` received by the Town and asked if any action should be taken on same. ~r Mr. Williams noted that these letters would be addressed at the up- -;'~ coming budget workshop meeting. Commissioner Betty Jean Stewart - Commissioner Stewart noted that she would put the Minutes of the lat- est Palm Beach Countywide Beaches and Shores Meeting on the Clipboard y, for the Town Commissioner's information, inasmuch as she was unable to `~~' attend same. ~~' Proposed amendments to the beach and coastal zone requirements will be made available to the Building Official, Town Commission and Planning ~,~ Board for consideration and comment. • REPORTS - TOWN ATTORNEX: The Town Attorney and Town Manager are continuing to attempt to reduce the Camp Dresser & McKee proposal for engineering services re the transition to the ammonia-based water treatment by undertaking some of `-~.; the phases of the bidding procedures. ~ ~ Regarding a previous inquiry by Commissioner Grier, Attorney Sliney gave an opinion that any bond issue or extraordinary expenditures by the Town i.e. a new water system, would need ratification by referen- dum. Also, the possibility of amending the Town Ordinanes in light of ; the fee vs. tax situation with regard to sewer charges will be consid- e r ed . _ __.___~ The Town Attorney reported that he is working with the Planning Board;C_ on matters of the Comprehensive Plan and Zoning and would address this`' issue later in the meeting under the upcoming item on the Gee and ~~> Jensen proposal. Attorney Sliney indicated that he had met with the attorney for the Fredericks property who seemed amenable to the direction which the `. Town would like to take regarding this property. A memorandum has been written by Mr. Sutherland regarding this property, and a Special ~~ Meeting will be held by the Planning Board on August 20, 1986 to discuss this matter, along with the Boca Highland and Hoffman sites. '_' r~ U n U Town Commission Regular Meeting August 5, 1986 Page 3 of 7 Mr. Futernick requested clarification regarding the recent ordinance adopted by the Town requiring permitting of hotels, motels and dining facilities, and how it relates to the Coronado Beach Club. Mr. Futernick will be given an interpretation on this matter upon review of the documentation. REPORTS - TOWN MANAGER: Mr. Williams reported that he, along with Gary Witt of Camp Dresser & McKee met with appropriate officials of the South Florida Water Manag- ment District and submitted the report for the installation of an interim back-up well. The SFWMD will now have 90 days to review the `~,...-. report, however, no problems are expected. Some of the preliminary j-~ work involving bidding will commence during this 90 day period. It was noted that the bidding date would be targeted for mid January operation. The Town Manager requested that the Town Commission give consideration ~, • to the following items which will be addressed at the budget workshop: -If the Town is going to continue to have the rank of Lieutenant in the Police Department, the criteria which should be used. `"=-.'~~_, -The implementation of a policy regarding a permanent shift should the Lieutenant rank be continued. -Criteria to be used for promotion purposes in the Police Dept. -Policy to be utilized in the replacement of police vehicles. Mr. Williams stated that the budget packets would be given out to the Town Commission on Wednesday, August 6, 1986. ~_ Mr. Williams asked for ratification from the Town Commission of their r~r directive to have Gee and Jensen review the Fredericks property. This•,`'~ will be taken up later in the meeting. '~~ ~~~~ With regard to the installation of an interim well to provide back up in the Town's western wellfield, it was noted that although the Town Commission authorized the installation of the well, formal action to approve the engineering costs of the project had not been taken. The engineering proposal not to exceed $24,150 was cited and MOTION was ~ made by COMMISSIONER BASSO/COMMISSIONER CRIER to approve the engineering costs for the installation of the interim well. This fj MOTION carried unanimously. • REPORTS - BOARDS AND COMMITTEES: The meeting dates of the various Town Boards were published. Town Commission Regular Meeting August 5, 1986 Page 4 of 7 • PROPOSED RESOLUTIONS AND ORDINANCES: 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA PROVIDING FOR REGULATION OF HELICOPTERS WITHIN OR OVER THE TOWN. A recommendation had been made at the July Workshop Meeting to table this proposed ordinance to an indefinite time, and therefore, a MOTION was made by Commissioner Basso to do so, however, Commissioner Grier stated his opinion that the present ordinance which cites "emergencies" was not adequate to take care of the Town's needs. Commissioner Grier further noted that he did not feel that construc- tion or repair work fit into the category of "emergencies", and felt that the Town should issue permits which would require proof of licensed pilots as well as assuring liability insurance was adequate. Attorney Sliney again noted his concern regarding safety factors and the qualifications of staff to judge same. Commissioner Basso withdrew his previous MOTION and this matter was referred to the August Workshop for further discussion. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 7, SECTION 7-1.1 ENTITLED "AMENDMENTS TO STANDARD BUILDING CODE" TO ADOPT THE 1985 EDITION OF THE STANDARD BUILDING CODE. This ordinance was read by title and referred to the August Workshop. 3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 19, ENTITLED "PLUMBING CODE",SECTION 19-1 ENTITLED "STANDARD PLUMBING CODE - ADOPTION", TO ADOPT THE 1985 EDITION OF THE STANDARD PLUMBING CODE. This ordinance was read by title and referred to the August Workshop. 4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 8, ENTITLED "AIR CONDITIONING CODE", SECTION 3-1.1 ENTITLED "SAME - AMENDMENTS, DELETIONS AND ADDITIONS" TO ADOPT THE 1985 EDITION OF THE STANDARD MECHANICAL CODE. This ordinance was read by title and referred to the August Workshop. 5. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING ORDINANCE N0. 528 WHICH APPROPRIATED FUNDS FOR FISCAL YEAR L985/86 WHICH BEGAN OCTOBER 1, 1985 AND ENDS ON SEPTEMBER 30, 1986. This ordinance was read by title and referred to the August Workshop. Town Commission Regular Meeting August 5, 1986 Page 5 of 7 6. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, TO EFFECT A TAX LEVY BASED UPON THE 1986 TAX ROLL OF THE TOWN OF HIGHLAND BEACH. This ordinance was read by title and referred to the August Workshop. 7. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPROPRIATING FUNDS FOR THE FISCAL YEAR 1986-87, BEGINNING OCTOBER 1, 1986 AND ENDING SEPTEMBER 3P1, 1987. This ordinance was read by title and referred to the August Workshop. REGULAR BUSINESS: A) CONSENT AGENDA - Re-scheduling of September 2, 1986 Regular Meeting to Friday, September 5, 1986 at 1:3P! p.m. MOTION was made by COMMISSIONER STEWART/COMMISSIONER BASSO to approve the Consent Agenda, which MOTION carried unanimously. B) ITEMS LEFT OVER - . 1. Discussion re "no parking signs" for Town rights-of-way. Signs posting the Town's ordinance prohibiting parking on the public rights-of-way have received a favorable recommendation from the Community Appearance Board and will be installed within two weeks. 2. Proposal by Gee and Jensen to review Milani and Steinhardt sites. MOTION was made at this time by COMMISSIONER STEWART/C'OMMISSIONER ,;," BA5S0 to ratify the directive of the Town Commission in authorizing Gee and Jensen to review the Fredericks property. This MOTION carried ~_.. ,.. unanimously. I. ,.M, With regard to the Byrd Beach parcels (Fredericks/Sunrise property), the Town Attorney advised that subsequent to getting approval from the Town for expansion plans on the west side, the property owners experienced internal problems which culminated in the withdrawal of those plans. The Planning Board will meet on August 2P! with a view toward making a zoning determination on this, as well as the Boca ___._ Highland and Hoffman properties. With regard to the present request of the Planning Board to authorize Gee and Jensen to review the Milani and Steinhardt properties, it is ~;',,. the consensus of the Town Commission to hold off on any other individ-' ual properties until an overall zoning review is done of the entire ~~ Town. Vice Mayor Blosser noted the Town's reluctance to review any ~~,~ single properties in order to avoid any "spot zoning" problems. v • Town Commission Regular Meeting August 5, 1986 Page 6 of 7 The Town Manager noted that the state mandates that the Town's overall ~ plan be reviewed by 1988, however, it was the consensus of the Town Commission that a review be done as soon as possible without waiting for the state deadline. Mr. Williams will include adequate funding in the 1986/87 fiscal year budget to provide for such review and report on same during the budget workshop. ~_ 3. Discussion re funds payable to the Town by Mr. Jarrett. It was the consensus of the Town Commission to allow Mr. Jarrett to pay these fines in three monthly installments along with appropriate interest and fees. C) Bills for Approval The following Bills for approval were submitted: All-Rite Engineering Contractors $ 3,613.81 Cherokee Petroleum Equipment, Tnc. 3,448.00 TOTAL ............................... $ 7,061.81 • MOTION was made by COMMISSIONER STEWART/COMMISSIONER BASSO to approve the Bills as submitted. This MOTION carried unanimously. A letter from Darby and Way (dated 8/4/86) to Camp Dresser & McKee regarding the contingency plan for water supply should the need arise during the dredge and fill operation on the Hoffman site was noted. A ` " bond in the amount of $250,000 was also proposed by Darby and Way as ~;- insurance against any damage to the Town's water line. Mr. Williams ~: stated that according to his information, it would take at least five days to repair any damage to the Intracoastal line, during which time, ; a finished water product can be provided by Boca Raton and Delray Beach. A letter from Harry B. Smith, Attorney for Philip Colman dated July 21, 1986 was cited. Mr. Smith was advising the Town that Mr. Colman ,;s` had purchased the Ocean Terrace property and was continuing with the existing litigation in the courts, and requesting that the Town advise ~~'f- of its position. It was the consensus of the Town Commission that the ,:~, Town's position had not changed on this issue and that Mr. Smith be so\`=--r advised. Attorney Sliney will reply to the letter. There being no further business, this meeting was adjourned at 2:30 p.m. r Town Commission Regular Meeting August 5, 1986 • Page 7 of 7 APPROVED: ward J. Sull Mary„~oui~e ,G: Mayor loser, Vice Mayor 4 w7 V Jr6hpl J. ~~so, C issioner ~~r' a` William A. Gri , Commissioner Bett Jean Stewart, Commissioner ATTEST: j 1 /~ TOWN CLER '/ DATE: ~~-~'~` ~~o