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2014.03.04_TC_Minutes_Regular TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, March 4, 2014 1:30 PM Mayor Bernard Featherman called the Regular Meeting to order in Commission Chambers at 1:30 PM. CALL TO ORDER: Roll Call: Members present: Mayor Bernard Featherman, Vice Mayor Ron Brown; Commissioner Dennis J. Sheridan; Commissioner Louis P. Stern; and Commissioner Carl Feldman. Also present: Town Attorney Glen Torcivia; Town Manager Kathleen D. Weiser; Town Clerk Beverly M. Brown; Finance Director Cale Curtis; Public Works Director Edward J. Soper; Building Official Michael DeSorcy; Assistant to the Manager Zoie Burgess; and members of the public. Pledge of Allegiance: The Pledge of Allegiance was given, followed by a minute of silence. Civility Pledge: The Civility Pledge was recited by the Town Clerk. 1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: Mayor Featherman asked for any additions or deletions. Receiving none, the agenda was accepted as presented. 2. PUBLIC COMMENTS AND REOUESTS: Jerry Wolff - Russell Drive — I addressed the Town Commission earlier regarding a water leak issue at our development. A comment was made by Vice Mayor Brown at that meeting that, as President of my Association, I neglected to take care of the main line water pipes on our property. I consider this statement out of line since you have not been on our property to verify this. There is an issue with the pipes in Bel Lido which have to be replaced at a cost of approximately $500,000. Why Bel Lido and not Russell Drive or other streets such as Bel Air and Highland Beach Drive? Do you plan on using the money from the sale of the Boca Property for this? I suggest you look into the bond issue and whether this money is to be used to pay off the debt or used for reducing the increase charges on the water bills. Regarding my situation, if I do not hear something by the end of this week, consider yourself on notice. I have no other choice but to take action. Vice Mayor Brown — The Bel Lido water pipes are the water pipes that run underneath the main roads exactly like the main water line that went down AlA. It has Town Commission Regular Minutes March 4, 2014 Page 2 of 10 nothing to do with the association. The town is going to do all the pipes on all the side roads. We just happen to start with Bel Lido first. The money is not coming from the sale of the property, not coming from our budget; it is coming from the water fund. Rhoda Zelniker - 3912 S. Ocean Blvd — A few weeks ago, I addressed the issue of the bikes on AIA and the safety for both the bike riders and the cars before the Commission. Some of the comments were that there is nothing that can be done about this. Something is being done. According to the Coastal Star, a task force of traffic safety advocates and law enforcement officers are launching an educational campaign that will involve police officers from several agencies ensuring that both drivers and riders are complying with existing traffic laws. The task force is also considering portable electric signs along AlA with messages about laws of the road. Our Police Chief, Craig Hartmann is fully supportive of the task force ideas. When problems exist, if people come together to find a solution, something can be done. Mike Ferrara - 4748 S. Ocean Blvd — Recent meetings and campaign material has raised a question regarding the Charter reformation and its provisions regarding Capital Expenditures "on the decision of a few Commission members ". I have reviewed the entire procedure and all those involved in the three lengthy Charter meetings in 2012. Also, I reviewed the public hearings and the final adoption of the Ordinance in 2012. I feel that people who are voting should get the facts straight so they are voting with complete knowledge. 3. PRESENTATIONS• No presentations were scheduled at this meeting. 4. BOARDS AND COMMITTEES: A) Board Correspondence: • None B) Board Action Report: • Read into the record. C) Board Vacancies: • Code Enforcement Board — One Appointment D) Monthly Board Meetings • Planning Board — Special - March 6 th — 9:30 AM • Town Commission — Special — March 12th — 1:30 PM • Beaches & Shores Advisory Board — March 19 — 9:30 AM • Bd. of Adjustment — March 26 — 1:30 PM • Code Enforcement — No Scheduled Meeting 5. PROPOSED ORDINANCES AND RESOLUTIONS: A) ORDINANCE NO. 14 0010 — Second Reading — Public Hearing AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND Town Commission Regular Minutes March 4, 2014 Page 3 of 10 BEACH, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE TOWN OF HIGHLAND BEACH TOWN CHARTER; AMENDING ARTICLE I "GENERAL PROVISIONS", SECTION 1.06 "TOWN COMMISSION CREATED; ELECTION; TERMS; TOWN CLERK; QUALIFICATIONS OF ELECTORS; GENERAL ELECTION LAW" TO ESTABLISH THE TOWN'S CANVASSING BOARD; ESTABLISHING THE DATE OF MARCH 11, 2014, FOR THE REFERENDUM; PROVIDING A BALLOT TITLE AND QUESTION; PROVIDING FOR NOTICE AND ADVERTISING OF THE REFERENDUM; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Brown read Ordinance No. 14-0010 into the record. Mayor Featherman opened the Public Hearing. Receiving no public comments, Mayor Featherman closed the Public Hearing. MOTION: Commissioner Stem moved to adopt Ordinance No. 14 -001 O on second reading. Motion was seconded by Commissioner Sheridan ROLL CALL: Commissioner Stern - Yes Commissioner Sheridan - Yes Commissioner Feldman - Yes Vice Mayor Brown - Yes Mayor Featherman - Yes Motion passed with a 5 -0 vote. B) ORDINANCE NO. 14 -002 O — Second Reading — Public Hearing AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING ARTICLE IV, "ZONING DISTRICTS," OF CHAPTER 30, "ZONING CODE" OF THE TOWN CODE OF ORDINANCES BY AMENDING SECTION 30 -68, "SUPPLEMENTAL DISTRICT REGULATIONS," TO MODIFY THE PUBLIC NOTICE REQUIREMENT FOR DOLPHINS, FREESTANDING PILINGS, BOAT LIFTS AND MOORINGS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Brown read Ordinance No. 14 -002 O into the record. Mayor Featherman opened the Public Hearing. Receiving no public comments, Mayor Featherman closed the Public Hearing. Town Commission Regular Minutes March 4,_2014 Page 4 of 10 MOTION: Commissioner Sheridan moved to adopt Ordinance No. 14 -002 O on second reading. Motion was seconded by Commissioner Stern. ROLL CALL: Commissioner Sheridan - Yes Commissioner Stem - Yes Commissioner Feldman - Yes Vice Mayor Brown - Yes Mayor Featherman - Yes Motion passed with a 5 to 0 vote. 6. CONSENT AGENDA: Mayor Featherman asked if any item needed to be removed from the Consent Agenda. Town Clerk Brown read the Consent Agenda into the record: A) RESOLUTION NO. 14-003 R A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA DECLARING THE ELECTION FOR ONE (1) MAYOR/COMMISSIONER SEAT TO HAVE BEEN HELD ON THE 11 DAY OF MARCH, 2014 TO BE UNNECESSARY SINCE THE ONLY CANDIDATE WHO QUALIFIED WAS UNOPPOSED. B) Minutes January 28, 2014 Workshop Meeting February 4, 2014 Regular Meeting MOTION: Commissioner Sheridan moved to accept the Consent Agenda. Motion was seconded by Commissioner Stern. ROLL CALL: Commissioner Sheridan - Yes Commissioner Stern - Yes Vice Mayor Brown - Yes Commissioner Feldman - Yes Mayor Featherman - Yes Motion passed with a 5 - 0 vote. Town Commission Regular Minutes March 4, 2014 Page 5 of 10 7. NEW BUSINESS: A) Commission to Review a Site Plan Application to install a temporary Structure (sales office trailer) in connection with the sales and construction of luxury condominiums on property located at 3200 S. Ocean Boulevard. — Quasi — Judicial Hearing Mayor Featherman opened the Public Hearing. Town Attorney Torcivia asked the Commissioners and the Mayor if they have had any ex -parte communications regarding this matter. There were none. Town Attorney Torcivia then asked: "All those giving testimony, please stand, raise your right hand, and be sworn-in." Town Clerk Brown administered the Oath to those who would be testifying at this hearing. Staff Presentation: Building Official Desorcy read the application into the record stating that the application was not approved by the Planning Board on February 12, 2014. The applicant is Seagate Development Co. The Building Dept. and the Planning Board were not satisfied that all the requirements and criteria for temporary structures were met by the applicant. The applicant is here to appeal the decision of the Planning Board's denial. Comm. Sheridan — What are the qualifications for this and why was it refused by the Planning Board? Building Official Desorcy read the Code regarding temporary structures: Article IV in the zoning code; Section 30 -68(m) (2) into the record. As of today, we have not received a permit application for the luxury condominiums at 3200 South Ocean Blvd., nor have we received any plans for the construction of the condominiums. I believe this was required by the Commission last year that the work commence within a year of the approval of the extension of the development order which will expire in the next couple of months. Petitioner's Presentation: Garrett Graue of Seagate Develo ment — I believe this is an interpretation of the Code. We feel the building permit has to do with the temporary structure itself, which is what we have applied for. We are progressing with the design documents which will be submitted before the deadline of June 4 for the building itself. We purchased the property about four weeks ago and are moving as fast and as diligently as possible. Our concern is that we have to sell condos in order to go vertical. We are missing the season right now so it is in our best interest to get that trailer out there as soon as possible to sell these units. Board Discussion: Comm. Feldman — Villa Costa abuts this property and we have seen five developers there in the last fifteen years. Do you have plans to flip this or are you going to build? Mr. Graue — We have no plans on flipping this. We have never started or bought a piece of property with the intention of not developing, selling it or managing it. Comm. Feldman — Everyone in our condominium is 100% in favor of you Town Commission Regular Minutes March 4, 2014 Page 6 of 10 coming forth because of the record you have with the Seagate Hotel in Delray, The Hamlet Country Club and the Beach Club. Comm. Sheridan — The extension of the development order that was issued goes with the property and I believe it expires sometime in June. Is that for a shovel in the ground or submitting plans? Building Official Desorcv — I will have to research this and find out exactly what the terminology was for extending the development order for a year. I believe it was for permits. Mr. Graue — That is our interpretation as well. We would have to have our plans submitted by June 4". Comm. Stern — My question to the Town Attorney is, as a Commission, what options do we have to work along with Seagate, who are very reputable people? Attorney Torcivia — I will ask Mike Desorcy because under your ordinance there are certain criteria that they have to meet before you can issue this type of a permit. Building Official Desorcv — They don't meet the criteria for the temporary structure which is the sales trailer. Attorney Torcivia — Would they be allowed to put a sign up on this site directing them to another sales location? Building Official Desorcv — That would be permissible. They are only allowed one sign per property. They have a construction sign out there now. Attorney Torcivia — When you have an ordinance, you passed an ordinance which is a law. Your ability to waive your own laws is somewhat limited. You could have a special meeting and bring back an ordinance this week. Have a first reading and a second reading in two weeks. Comm. Stern — We also need to know whether it was shovel in the ground or permits by June 4 As I remember it, it was shovel in the ground. Mr. Graue — I still believe it is interpretation and it is not very clear. Comm. Stern — Not if you go through all the subsets. It is very clear that it is for the main building and not for the structure for sales. We have a special meeting on March 12 Would this be enough time for a first reading? Attorney Torcivia — We can have it drafted by then and have the second reading at your workshop meeting at the end of the month. You can convert that meeting into a workshop /regular meeting and the regular meeting could just be for the purpose of that ordinance. My concern is being consistent. If the Building Official is always consistently interpreting it a certain way, you can't expect to interpret it differently now. Comm. Feldman — Why weren't the developers told that we could not issue this permit without the application for structure? Building Official Desorcv — They were told and I explained what the code required. They went forward anyway. Vice Mayor Brown — I don't see how the Commission can go against the Planning Board and the Building Official and overrule them. They are the experts and denied it. Comm. Feldman - If you don't put up this trailer, how much will that harm your progress in putting up the development? Mr. Graue — It will definitely impede the construction. We need our pre -sales before we can go vertical. We were hoping to get this before the end of the season. Public Comments: Tom Myer — Villa Costa — I have looked at this property for the last fifteen months and it is not up to my expectations of Highland Beach. There are lots of advantages in seeing the property developed, such as the tax base and the level of residents I expect to live there. I am seeing a standoff here and I don't feel it is good for the city. I think we should help this developer to be successful. Town Commission Regular Minutes _March 4, 2014 Page 7 of 10 Allen Teller - 4210 S. Ocean Blvd — This is something that would be to the advantage of the Town. May I suggest that inquires be made to the condos on either side of this property and see if they can come up with a temporary sales office on their premises, until such time that they meet the requirement of the law. Attorney Torcivia — The Town Ordinances are rules. From what I am hearing from the Commission, the Commission may be open to amending the rules, but that is a process that cannot happen in just one meeting. Under your ordinances, I don't believe you have much choice. You can make an amendment to this ordinance and we can jump on it right away. If you change these rules, this will apply to anybody in the future. Comm. Feldman — Can we have a special meeting earlier than March 12 Attorney Torcivia — I can have this drafted by Thursday of this week and have a special meeting at the end of this week. There is a requirement that the second meeting be fourteen days later and published in the paper within that time. Vice Mayor Brown — The problem I have is that we are allowing the developer to put up a sales trailer on the property, without any building drawings, that haven't been approved by our Building Department. We don't know what it is you are selling. Mr. Graue — There should have been plans during the site plan approval process. There are plans, floor plans and we have our condo docs drafted. Comm. Stern — The plans we were a party to prior were from the previous developer. There are a different number of units from the number of units you tell us you are going to develop. Mt. Graue — We are actually sticking with those plans. The number of units can be changed, but we have typical floor plans which have been submitted and approved. It is the same exact building with two apartments on the top. Comm. Stern — Originally there were 22 units. Mr. Graue — We are looking at 20 units. Comm. Stern — So that does change the plans. Mr. Graue — It changes nothing from the exterior. We have the layouts of all the different floor plans. Comm. Stern — I have to agree with Vice Mayor Brown. What are you selling? Mr. Graue — We are in the process right now of developing all the drawings. In order to sell our condos, we have to have the floor plan layouts complete, which we have, and are submitting to the State of Florida for our condo docs. The exterior elevation has not changed which was approved by your Board. Comm. Sheridan — It is my understanding that you will have to bring the building forward ten to twelve feet, closer to AIA. Mr. Graue — We will have to do that because of the wetlands. Attorney Torcivia — If they say they are working on all these site plans, it might be quicker for them to get these plans into Mike and get another Planning and Zoning Board scheduled within the next couple of weeks which would be quicker than the two ordinances. Building Official Desorcy — The site plan was already approved last year by the Commission, along with the elevation and the extension of the development order. Originally there were 15 units but they asked for approval for 22 units because of the marketing and the economy. I have not seen these plans since then. I do not know if there is a significant change in the site plan since the building had to be shifted due to the DEP and South Florida Water Management. The Fire Department and the Palm Beach County Impact also have to approve the plans once they come in. This has to be done before I can start my review. Town Commission Regular Minutes March 4, 2014 Page 8 of 10 Comm. Feldman — With everything I have heard and seen so far, this is a very complicated project. I know there is a deadline of June 4 Mike, is there any way you can speed this process? Building Official Desorcv — I don't know how I can do this since I don't have anything right now. These developers are at a disadvantage since they are coming in late on the deadline for developing the property as set forth by the Commission last year. My suggestion is that the Ordinance be changed. Comm. Sheridan — Is there something we can do that would apply to this property only? Attorney Torcivia — You can speed this up if you consider this an Emergency Ordinance with less time in between the two readings. There would be two motions needed; one to declare it an emergency and the second would be to direct us to draft an ordinance. I would draft the ordinance as follows: In this type of situation where a temporary structure for a sales office needs to be put up, it could be put up for no more than 30 or 60 days until they comply with the rest of the code. The Commission and Mr. Graue were all in agreement with this. Mr. Graue — Do we need to have a building permit in our hand, or are we in for permit before we can put the sales trailer up? Attorney Torcivia — The motion I am about to get would be to draft an Emergency Ordinance; have the first reading at the end of this week and second reading probably next week where you could put a sales trailer up for 30, 45 or 60 days until you comply with the rest of the code. Robert McCoy of Seagate Development — As long as the 45 days or the date you set is to be in for permit. If we have to have a permit in our hands and it is going to take him 60 days to turn it around, that doesn't really get us anywhere. If that ordinance was to be 45 days before we are in for permit that would help us. Building Official Desorcv — There are a couple of things to consider. You have the extension of the development order and that deadline is June 4 The plans itself could be a few months before they are issued a permit. So, 45 or 60 days is not realistic. The architect is working diligently to get the paperwork out. The developer is going to use those plans to sell the units. I am not sure how long this is going to take. They have to have a shovel in the ground by June 4 Commissioner Sheridan — I think if they show due diligence and try to get this application for the permit in, I don't see why they should be punished because of the delay that may be in Palm Beach County or the Fire Department. MOTION: Commissioner Feldman moved to direct the Town Attorney to amend the ordinance to allow a temporary structure provided they submit building plans within 60 days of the ordinance. Then they will have another 90 days after that for plan review before a permit is issued. The Commission is declaring this an Emergency Ordinance. Motion was seconded by Commissioner Sheridan. Garrett Graue agreed to this ordinance. ROLL CALL: Commissioner Feldman - Yes Commissioner Sheridan - Yes Commissioner Stern - Yes Vice Mayor Brown - Yes Mayor Featherman - Yes Motion passed with a 5 - 0 vote. Town Commission Regular Minutes March 4, 2014 Page 9 of 10 MOTION: Commissioner Sheridan moved to schedule a special meeting on Thursday, March 6 at 10:30 a.m. The second meeting is scheduled for March 12` at 1:30. Motion was seconded by Commissioner Stern. Motion passed with a unanimous voice vote. 8. MISCELLANEOUS — ITEMS LEFT OVER: No items scheduled. 9. REPORTS — TOWN COMMISSION: A) Commissioner Carl Feldman — Just a reminder that next Tuesday, March 11 is election day for the Town. Please come out and vote. B) Commissioner Louis P. Stern — I would like to compliment the Coastal Star for an excellent article on the biker situation. I would also like to compliment Lieutenant Eric Lundberg for the work that he has been doing consistently for the last number of months, working not just with our town but the entire coast, so that the bikes and the motorist work better together. Along with that, a non - political handout was developed by Commissioner Dennis Sheridan called "Share the Road ". On one side it is about the motorists and their responsibility and on the other side it is about the responsibility of the cyclists. Members of the bike clubs have taken hundreds of these and have already passed them out to their members. My compliments to Commissioner Sheridan for producing this hand -out and distributing to the community. C) Commissioner Dennis J. Sheridan - I would also like to reiterate the importance of voting on Tuesday. It is your way of deciding what is going to happen in your town. D) Vice Mayor Brown — Remember to vote on Tuesday. E) Mayor Featherman - I have had phone calls and emails regarding the letter that was sent out by the Beaches & Shores Advisory Board. If there is any confusion in what was said, I suggest you go to their Board meeting which will take place on March 19 at 9:30 a.m. and ask why the letter was sent out. 10. REPORTS — TOWN ATTORNEY GLEN TORCIVIA: I will be attending the Palm Beach County Day tomorrow at the State Capital. The lawsuit on the Inspector General has been postponed. It is guesstimated to be at least three to four months out. Town Commission Regular Minutes March 4, 2014 Page 10 of 10 11. REPORTS —TOWN MANAGER KATHLEEN D. WEISER: A reminder that there will be no Channel 99 available during construction in this building. You can watch and get all the information on our website. The special meeting on March 12 will be in this room. 12. PUBLIC COMMENTS AND REOUESTS RELATED TO ITEMS DISCUSSED AT MEETING: No Public Comments. 13. ADJOURNMENT: There being no further business to come before the Commission, Mayor Featherman adjourned the Regular Meeting at 2:59 PM upon a MOTION by Commissioner Sheridan; seconded by Commissioner Feldman. APPROVED: Bernar Featherman, Mayor Ro rown, ice May Dennis J. She ' ,Commissioner ui rn, is 'o C eldman, ommissioner ATTEST: Beverly M. brown, M C Town Clerk Date