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1999.09.28_TC_Minutes_Workshop. ~-' ~ TOWN OF HIGHLAND BEACH, FLORIDA MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesday, September 28, 1999 1.30 P M Mayor Thomas J. Reid called the Workshop Meeting to order in Commission Chambers at 1:30 P.M. Town Clerk Doris Trinley called the roll. The Mayor, Vice Mayor Michael W. Hill, and Commissioners John J. Sorrelli and Paul R. Kale were present. Commissioner Robert L. Lobe was absent. Town Attorney Thomas E. Sliney and Town Manager Ben Sag were present, as were members of the general public. After roll call, the Pledge of Allegiance was given. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Without objection, Mayor Reid amended the agenda to include a presentation regarding the Town's Government Channel 20 TV programming from John Raffia of the Social Security Administration and resident Lezly Garrett. 99.1 PUBLIC COMMENTS AND REQUESTS • Dr. Ray Murphy (4023 S. Ocean Blvd.) spoke in favor of the building height code being amended to 48.' A copy of his memorandum to the Commission is attached to and made part of these Minutes. Frank Gaglione, Manager of Aberdeen Arms Condominium (4750 S. Ocean Blvd.) asked for clarification from each Commission member of a September 27 Palm Beach Post article regarding the proposed county park in the south end of Town. Mayor Reid replied that his stand had not changed: he preferred (1) the property remain as is; (2) it be purchased from the county; (3) that if it is to be developed as a park, (4) that the existing archeological site be adapted to it. He reminded that should the county go forward with the park plans, the Town would be consulted. He also referred to the letter to be sent under his signature to Commissioner Mary McCarty regarding the Town's wishes for the property. Vice Mayor Hill said he would not want his taxpayer dollars to contribute to the possible damage to this narrow, rocky stretch of beach, which was probably one of the last nature preserves in the county. Commissioner Sorrelli said he thought Spanish River Park to the south and Atlantic Dunes Park to the north were sufficient. Minutes of Town Commission Workshop Meeting September 28, 1999 Page 2 of 5 • Commissioner Kane said he would be in favor of an archeological- type park, with some parking facilities. Bill Paul (1126 Russell Drive) noted the long history of the previously Milani-owned park property and asked the Town Attorney to give some background information on it, which was done. Turtle Program Coordinator Jose Echeverria gave an update on nestings/hatchlings. Talent Bank Applicant June Blake was interviewed by the Commission. PRESENTATIONS Daniel Bates, PBC Coastal Program Supervisor, gave an overview of the kinds of beach restoration available and sources of available funding, noting funding is limited at this time. Mr. Bates further noted there must be public access available when public funding is requested. He also advised that one of the least expensive methods of restoration is the planting of appropriate vegetation existing dunes. (brochure attached to and made part of these Minutes) Social Security Representative John Raffia and resident Lezly Garrett addressed the Commission about the possibility of using Town TV facilities for broadcasting public service programs. • 99.2 BOARDS AND COMMITTEES One (1) vacancy on the Code Enforcement Board was noted, with Herbert J. Lewin being eligible for reappointment. There was no Board correspondence to consider. 99.3 PROPOSED ORDINANCES AND RESOLUTIONS Town Attorney Sliney advised the following proposed ordinance was transmitted for review and would be an agenda item for first reading at the October Regular Meeting. Because the proposed ordinance pertained to the Zoning amendment, Mr. Sliney also noted two (2) public hearings would be scheduled. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 30, ENTITLED ZONING," OF THE CODE OF ORDINANCES: ADDING SECTION 5.19 ENTITLED "DETERMINATION OF FINISHED FLOOR ELEVATION," AMENDING SECTION 13.7 ENTITLED "BUILDING HEIGHT," ADDING SECTION 5.20 ENTITLED "EXCEPTIONS TO BUILDING HEIGHT," AMENDING SECTION 13 ENTITLED "DEFINITIONS" BY PROVIDING DEFINITIONS FOR BUILDING HEIGHT EXCEPTION, HABITABLE SPACE AND USABLE SPACE. Minutes of Town Commission Workshop Meeting September 28, 1999 Paae 3 of 4 • At Vice Mayor Hill's suggestion, Mr. Saag advised sample elevations will be available at the October Regular Meeting. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ENTERING INTO AN AGREEMENT FOR UTILITY MAINTENANCE AND CONSTRUCTION WITH HARVEL UTILITY CONSTRUCTION CO. Commissioner Sorrelli expressed concern regarding some costs noted in the proposed fiscal year utility maintenance and construction contract, and led substantial discussion with Earl Harvel regarding some of the methods used to calculate same. Concluding discussion, while not wholeheartedly agreeing with Mr. Harvel's explanations, because of Mr. Harvel's historical knowledge of the Town's utility infrastructure, the Commissioner joined in the consensus to move the Resolution to the October Regular Consents Agenda. MISCELLANEOUS - ITEMS LEFT OVER The following sets of Minutes were moved to the October Regular Meeting for further consideration and possible approval: August 31, 1999 - Workshop Meeting September 03, 1999 - Special Workshop (Ad Hoc) September 03, 1999 - Special Workshop (Bldg. Hgt) • September September 03, 07, 1999 _ 1999 Public Hearing (Budget) Regular Meeting September 07, 1999 - Special Workshop (Adelphia) September 21, 1999 - Pub.Hrg./Spec.Mtg. (Budget) REPORTS - TOWN COMMISSION Commissioner Paul R. Kale had no report. Commissioner John J. Sorrelli asked the Town Manager for an account of his joint meeting with condominium managers and representatives of Adelphia. Mr. Saag advised no solid answers to compaints/ problems were forthcoming from Adelphia; however, a list of contact phone numbers was provided by them. Vice Mayor Michael W. Hill expressed disappointment in the denial by the Florida Fish and Game Commission of the Town's request for a "No Wake" zone in Intracoastal. Substantial discussion took place, concluding with the consensus that legislative changes would be needed to accomplish this goal; to this end the Town Attorney was requested to draft a resolution for consideration at the October Regular Meeting. Mayor Thomas J. Reid referred to the letter to be sent to Commissioner Mc Carty regarding the proposed County park. Also in regard to the proposed park, he expressed displeasure that reporter Elliot Kleinberg's article in The Palm Beach Post had given the impression that certain Town officials were in favor of the park. Minutes of Town Commission Workshop Meeting September 28, 1999 Page 4 of 5 • The Mayor also noted he would be contacting Herbert J. Lewin to determine Mr. Lewin's interest in being reappointed to the Code Enforcement Board. REPORTS - TOWN ATTORNEY Town Attorney Thomas E. Sliney had no report. REPORTS - TOWN MANAGER Town Manager Ben Sag addressed several issues: .As a result of concerns expressed by Commissioner Sorrelli, explained the change in monthly billing amount regarding renewal of the Town Attorney's retainer agreement, After some discussion, it was unanimously agreed to move approval of the revised/renewed agreement to the October Regular Consent Agenda. .Discussed what the Commission wanted done regarding unleashed dogs on the beach. It was Vice Mayor Hill's suggestion that the DOT be contacted to see if signs could be placed on DOT property at the entrance to each beach access. Mr. Saag will follow up with the DOT to see if this is feasible. .Asked that the renewed Sanitary Sewage Agreement with Delray Beach • be considered for approval, advising it had been reviewed and found to be fair by the Town Attorney, himself and appropriate staff. He also advised Finance Director Stan Novak and Utilities Director Jack Lee were successful in negotiating a wholesale rate with Delray. After discussion, this item was moved to the October Regular Consent Agenda. .Recommended that the CH2M HILL proposal to study approaches to correct stormwater drainage problem areas in Town be approved, noting that if these can be identified then possibly DOT would incorporate solutions into their upcoming project at no cost to the Town. This item was also moved to the October Regular Meeting Consent Agenda. .Citing the Ad Hoc Committee's recommendation that all Town Boards have seven (7) members for uniformity, Mr. Saag suggested the Commission might have the Town Manager and the Finance Director serve as non-voting members on the Financial Advisory Board. After discussion, this item was moved to the October Regular Meeting Consent Agenda. .Gave an update on he and Commissioner Sorrelli's meetings regarding the area behind Town Hall, advising the architect will have plans for an expanded presentation available for the Commission's review next month. ,~ RAY E. MURPHY JR., M.D., FAGS • 4023 South Ocean Boulevard Highland Beach, Florida 33487 September 28, 1999 Thomas J. Reid, Mayor Michael W. Hill, Vice Mayor Paul R. Kane, Sr., Commissioner Robert L. Lowe, Commissioner John J. Sorrelli, Commissioner Town of Highland Beach Highland Beach FL RE: Draft Code Amendments Affecting Building Height East of SR AlA. In keeping with the Outstanding and Majestic appearance of our Residential Estates/Single Family Estates and in the best interest of our Town of Highland Beach, I recommend the following additions and changes the New Zoning Code East of SR AlA. Addition Section 2. Sec. 13.7 Building Height Telephone (561) 276 5326 The vertical distance between the Finished Floor Elevation (FFE) Should be 48 feet. Changes Section 5.20 (e) Observation Decks and Widows, Walks (3) Electricity, water, and similar services may be stalled. Sincerely, F;~~E Minutes of Town Commission Workshop Meeting September 28. 1999 Page 5 of .Reported on a successful condominium managers' meeting on September 27, which included Adelphia representatives and Solid Waste Consultant Tim Hunt. .Concluding his report, Mr. Saag commended Police Chief Cervasio and his staff on the fine job done during recent Hurricane Floyd. He also advised staff would be drafting a Disaster Plan in the near future. Before adjournment, Mayor Reid requested written commendations for Stan Novak, Jack Lee and Chief Cervasio; requested that the Town Attorney and Town Manager review the Adelphia franchise and confer regarding the legality of expanding Channel 20 programming; and repeated his comments to reporter Kleinberg, who was now present in Chambers, regarding the newspaper article on the proposed county park. There being no further business to come before the Commission at this time, Mayor Reid adjourned the Workshop Meeting at 3:25 P.M. upon MOTION by COMMISSIONER SORRELLI/VICE MAYOR HILL. dmt APPRO ~~ ~ Gti-~~ ~ ~ ~ ; Thomas J. Reid, Mayor i' M~ehae,~y- ill, Vice Mayor ~' _.. ,. .~~ ~ , JoYin J. Sorreali, Commissioner Paul R. Kane, Commissioner Robert L. Lowe .~%~ommissioner Attest: Gatti t"h ~-- Date:_~L~~1'~7