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1984.05.02_TC_Minutes_Regular (2) TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Wednesday, May 2, 1984 1:30 P. M. A Regular Meeting was called to order by Mayor Louis Y. Horton in the Town Commission Chambers of Town Hall at 1:30 p.m. Also present were Vice Mayor Mary Louis G. Blosser, Commissioners John J. Basso and Betty Jean Stewart. Commissioner William E. Paul was absent. Also present were Town Attorney Thomas E. Sliney; Town Manager Elaine W. Roberts; Town Clerk Mary Ann Whaley; citizens and the general public. The Mayor then read a Resolution honoring the retirement of Police Chief Kenneth T. Jones to take place on May 4, 1984. It was noted that the Resolution which honored the Chief and retired his badge would be appropriately framed and presented to Chief Jones. Upon MOTION of VICE MAYOR BLOSSER /COMMISSIONER STEWART /COMMISSIONER BASSO, the Resolution was adopted. Mayor Horton took the liberty of including COMMISSIONER PAUL'S support of the Resolution, also. As part of this presentation, newly appointed Chief Cecere was congratulated by the Town Commission, as was newly promoted Lt. Maher and Sergeant Guthlein. Lt. Maher stated his fulfillment in working for such a fine Town where the staff was treated like one large family and that he looked forward to continuing in his new position. The Mayor read a Resolution honoring the service of former Town Commissioner Harry Walker. It was noted that this Resolution vo uld also be appropriately framed for presentation to Mr. Walker. Upon MOTION by COMMISSIONER BASSO /COMMISSIONER STEWART /VICE MAYOR BLOSSER, this Resolution was adopted. Again, Mayor Horton took the liberty of including COMMISSIONER PAUL'S support of the Resolution. eX- Commissioner Walker addressed the Town Commission, thanking them for their support during his tenure and expressed his hope to continue to serve the Town of Highland Beach in other capacities. Approval of Minutes - March 27, 1984 - Workshop Meeting April 3, 1984 - Moratorium Variance Appeals Board (Beach Walk West) April 3, 1984 - Regular Meeting April 10, 1984 - Moratorium Variance Appeals Board (Milani) April 10, 1984 - Special Meeting April 13, 1984 - Special Meeting The minutes of the Workshop Meeting held on March 27, 1984 were deferred until the next Regular Meeting, at the request of Commissioner Stewart. Town Commission May 2, 1984 Regular Meeting Page 2 of 12 With respect to the April 13, 1984 Special Meeting minutes, the following amendments were submitted by Commissioner Stewart: 1. Page 1, Paragraph 5 - Inclusion of the date of 3/26/84 referencing the Planning Commission's referral of the Boca Highland "B" and "C" sites disapproval to the Town Commission. 2. Page 2 - Addition of the following language: "Mrs. Doris Rome, Planning Commission Member, in answer to a question from Commissioner Stewart, advised the Town Commission that the Planning Commission never requested a new two building plan from the developer." 3. Page 2 - Include in the MOTION made by Commissioner Stewart that part of the justification of same was made upon "the opinions expressed by the Town Attorney ". MOTION was made by COMMISSIONER STEWART /VICE MAYOR BLOSSER that the minutes as submitted be approved with the amendment of the April 13, 1984 minutes. All voted AYE. Upon the recommendation of Vice Mayor Blosser, it was the consensus of the Town Commission that the Town Commission be furnished a draft of the minutes prior to submission for approval in final form. The Town Clerk indicated that this request would present no problem administratively. Public Requests Mr. David Custage, representing the Highland Beach Civic League, addressed the Town Commission congratulating Commissioner Basso on his election to office and Vice Mayor Blosser on her re- election. Mr. Custage indicated that the Highland Beach Civic League was requesting an informal meeting be held between the Town Commission, the Chairmen of all the Town's Boards and Committees, and the League. Mayor Horton advised Mr. Custage that the Town Commission welcomed such a meeting for the purpose of an informal question and answer period and directed Mr. Custage to proceed with making whatever arrangements were necessary. Mrs. Doris Rome addressed the Town Commission congratulating the successful candidates. Mrs. Rome requested that the Town Commission address the problem of cars being parked along A -1 -A, citing specifically those parked north of Highland Beach Drive on the West side for the purpose of gaining access to the beach. Mrs. Rome stated that she had reported the problem to Lt. Cecere who indicated an enforce- ment problem with the laws as written. REPORTS - TOWN COMMISSION u i Town Commission May 2, 1984 Regular Meeting Page 3 of 12 Mayor Louis Y. Horton - It was reported that the Massengill /Moore project had received its final C/O on May 26, after inspection by the CAB and appropriate staff. The Mayor then addressed the matter of the request by Highlands Associates for relief from a portion of the fine imposed from June 8, 1983, under the terms of the contract addendum. Attorney Charles Butler, representing Highlands Associates, was present, as were Mr. Joe Marino and several of the owners of the project. It was noted that at the April Workshop Meeting, several neighbors and Commissioner Paul expressed their opinion that the owners had gone beyond the required work and had constructed an attractive addition to the Boca Cove area and they felt relief from the fine should be granted. It was the position of Commissioner Basso and Vice Mayor Blosser that all terms of the agreement were known to the new owners upon purchasing the project and therefore felt that the terms of the addendum should be complied with and no relief granted. The Town Manager reported that the owners had paid $28,236.25 to date on the fine and were still liable for the amount of $4,163.75, unter the terms of the contract addendum. MOTION was made by COMMISSIONER STEWART /MAYOR HORTON that the Town retain all funds paid to date by Highlands Associates as payment in full on the Massengill /Moore project. The Town Attorney stated that he felt that this was an equitable settlement of the matter in view of the manner in which the project had been completed and in view of the opinions expressed by the neighbors. The vote was taken on the MOTION, and the MOTION carried. The Mayor reported that regarding the Delray Beach /Highland Beach Sewer Issue, the engineers, Greeley and Hanson, had been in touch with the Town Manager and the requested data was being compiled by the engineers for a determination to be made on the matter. The Mayor reported that in connection with the Seascape matter, the developers of Seascape are in the process of conducting a study to determine the effect that the Seascape would have on turtles. Further, it was reported that the installation of Seascape was proceeding on private beaches on Jupiter Island. Mayor Horton appointed Commissioner Basso to the Town's Retirement Board, replacing Mr. Harry Walker. Commissioner Basso accepted. Vice Mayor Mary Louise G.Blosser - Vice Mayor Blosser confirmed the May 8, 1984, 9:30 a.m., Special Meeting, to study the proposed Zoning revisions and requested that the Planning Commission members and the CAB Town Commission May 2, 1984 Regular Meeting Page 4 of 12 L./ members be notified. Vice Mayor Blosser also reiterated that the proposed Sales Model Ordinance (restricting same to new sales only) should be reviewed as part of the Zoning Code. Vice Mayor Blosser requested a status report on the Hoffman RPUD. It was noted that the Town Attorney had written several letters to the attorneys for both Hoffman and Zaremba Communities, Inc. in an effort to find out the owners of record of the property. It was further noted that a letter had been sent by Mayor Horton in 1980 as a product of the Town Commission stating that the time of the RPUD commenced upon the issuance of the building permit. It was the opinion of the Town Attorney that due to that action, the date should be incorporated into the RPUD ordinance. It was the consensus of the present Commission that authority did not exist for the change in the time running from 1975 to 1980 (which would extend the expiration of the RPUD from 1985 to 1990) and desired study be made of the matter by the Planning Commission as stated in Chapter 30, Section 8.9 of the Town Code. MOTION was made by VICE MAYOR BLOSSER /COMMISSIONER STEWART to formally refer the matter of time limits on the Hoffman RPUD to the Planning Commission for determination and recommendation. All voted AYE. Vice Mayor Blosser then requested that the Town Attorney re- examine the matter of candidates for municipal offices resigning to run if they hold positions on any Town Boards or Committees. Commissioner William E. Paul - Absent COMMISSIONER Betty Jean Stewart - Requested that a study referred to by Fire Marshall Al de Clercq, noted in July 6, 1982 minutes regarding a study of buildings in Highland Beach be located and a copy given to her. Referred to a letter from John Sansbury, Palm Beach County Administrator, dated April 18, 1984 regarding the county's support of legislation to require a 10 day "cooling off" period prior to the purchase of handguns. MOTION was made by COMMISSIONER STEWART /COMMISSIONER BASSO that a letter be written to Mr. Sansbury stating the Town's support of a required 10 day "cooling off" period prior to the purchase of handguns. the MOTION carried unanimously. Commissioner John J. Basso - No report i Town Commission May 2, 1984 Regular Meeting Page 5 of 12 REPORTS - TOWN ATTORNEY Attorney Sliney reported that due to the Town Commission's recent denial of the request as submitted by Beach Walk West to the Moratorium Variance Appeals Board, Beach Walk West was applying to the Circuit Court for relief. Attorney Ronald Sales, representing Ocean Terrace, will be submitting a petition to be heard before the Moratorium Variance Appeals Board. The revised Stipulation for Settlement in the Milani matter was then reviewed by the Town Commission. It was the consensus of the Town Commission that all of the corrections, as requested at the April Workshop Meeting, had been made and the Stipulation was in order for execution. Robert J. Welch, Attorney with the firm of Rhoads & Sinon, representing Mr. Carl Yastrzemski, was present and stated his objection to the Stipulation, alleging that adequate notice was not given to Mr. Yastrzemski advising of the proposed settlement of the Milani matter, which property is contiguous. The Town Manager indicated that the original Stipulation for Settlement had been sent to Mr. Yastrzemski in December 1983 and that all other requirements regarding notice of the meetings, etc., had been complied with. The Town Manager further indicated that a copy of the proposed Stipulation had also been sent to Mr. Beekman's representatives, as he was the other affected neighbor. The Mayor read Mr. Welch's April 27, 1984 letter opposing the Town Commission's action into the record. Commissioner Stewart indicated that the Town Commission was sorry they had not heard from Mr. Welch earlier on this matter, however, the matter had been resolved and there was nothing further to be done at this point. REPORTS - TOWN MANAGER Reported that a social meeting of the Palm Beach County Municipal League had been held on April 27, 1984, however, no representative of Highland Beach was able to attend. The Town Manager reported on the following correspondence: Monthly USGS report on clipboard. Copy of letter from Attorney Ed Cohen to Coronado dated 4/26/84 requesting completion of the improvements as obligated under the terms of the performance bond in effect, with specific reference to the curtain walls. A memorandum from Mr. R. Clinger, dated April 27, 1984, to the Erosion Prevention District Task Force regarding minutes ✓ N Town Commission May 2, 1984 Regular Meeting Page 6 of 12 of the April 2, 1984 meeting and containing the May 7, 1984 Agenda, copy of which is on the clipboard. A letter from Gee & Jenson, dated April 13, 1984, to the D.E.R. regarding Beach Walk West, copy of which is on the clipboard. A letter of May 1, 1984 from the Town Manager to Mr. Marvin Sanders, Architectural Consultant, retained by the Planning Commission regarding the Boca Highland petition, requesting information on the status of the project and any anticipated further work. It was the consensus of the Town Commission that the hiring of consultants by the Planning Commission should be studied with a definite procedure being set out. With reference to the letter written on May 1, 1984 to Mr. Sanders, concern was expressed due to the implication of work being done on the Hoffman project, for which a petition is not pending. The Mayor will write a memorandum to the Planning Commission advising that the hiring of consultants shall only be considered when a request is forwarded to the Town Commission in writing, and then, only if a petition is pending on the specific project. The Town Manager reported that two letters had been written to Mr. Milani regarding the unsightly condition of the entrance to his property. It was noted that Mr. Milani had indicated that he had improved the site, however, same had been disturbed by individuals who used the property for beach access. The Mayor asked that approval be obtained from Mr. Milani to post "No Trespassing" signs on the site to alleviate this problem. The unsold apartment report for April has been distributed. (Total 244 apartments) The six -month financial statement has been distributed. An invitation has been received for the dedication of the new Del Trail station on Hagen Ranch Road on May 5, 1984 at 10:00 a.m. The DATAGRAM provided by the Florida League of Cities has been received and is on the clipboard. The Annual Report of the Town of Highland Beach for fiscal year 1982/83, compiled by the Town Manager, is complete and has been distributed. At the request of Mrs. Doris Rome, the Town Manager will gather information for the provision of wire nets to protect the turtle nests and report same at the May Workshop Meeting. Town Commission May 2, 1984 Regular Meeting Page 7 of 12 Building Department C/O issued to Highlands Associates on the former Massengill/ Moore project. Mrs. Roberts advised that the building permits, including two 90 -day extensions, of Casuarina and Le Concord would expire on May 18 and May 29, 1984, respectively. With regard to the pending expiration of the sales trailer permits of Royal Highlands and Ocean Terrace West, it was noted that no objection existed in the extensions of the permits if the trailers were well maintained. MOTION was made by COMMISSIONER STEWART /COMMISSIONER BASSO to approve the extension of the sales trailer permits on Royal Highlands and Ocean Terrace West. At the request of Commissioner Basso, the Town Manager will find out the status on the cleaning of unsightly lots in the Bel Lido area. It was noted that the extension of the permit for the Boca Highland Sales Center was due to expire on May 14, 1984. This matter will be addressed at the scheduled Special Meeting on Zoning to be held on May 8, 1984. It was noted that a memorandum had been received from the CAB regarding their inspections of the Highlands Associates (Massengill /Moore) and Vittalone projects. Finance Department $2,433.04 has been received in interest on C /D's and has been re- invested. The 1965 bond issue payment was paid prior to May 1, 1984. Police Department Monthly Report has been distributed. A C. D. C. meeting will be held on May 9, 1984 at 2:00 p.m. The Town Manager reported that problems experienced due to vandalism at a Boca Raton Water Tcwe r had caused interruptions over last weekend to the Town's radio contact with C. D. C. Stop signs in conformance with State Code had been ordered by Lt. Cecere. Handicapped decals were available at the police station for those who register and request same. i Town Commission May 2, 1984 Regular Meeting Page 8 of 12 Town Clerk The Town Clerk's office has concentrated mainly on the municipal election for several weeks. Public Utilities Department T Water consumption for April: 34,000,000 Raw (Gallons) 27,000,000 Treated (Gallons) Testing indicated THM's have been reduced by 100 ppb's. (Still high so the Utilities Director will continue reducing chlorine.) $575,00 has been received from Dixie Lime in partial payment of the re- painting of the lime silo which was damaged by a lime spill in December, 1983. Mr. Moss will try to negotiate with Mr. Moyer, who painted the silo, to decrease his $700.00 bill, due to the amount received from Dixie Lime. �✓ REPORTS - BOARDS AND COMMITTEES (a) Board of Adjustment - Will meet on June 1, 1984 to consider petition from Beach Walk West regarding denial of the extension of the building permit. (b) Code Enforcement Board - Will meet on May 23, 1984. (c) Community Appearance Board - At Commissioner Stewart's recommendation, based on the fact that Mrs. Helene Harris is serving as Chairman of the Greening Committee, MOTION was made by COMMISSIONER STEWART /VICE MAYOR BLOSSER that Helene Harris be appointed to the Alternate No. 1 vacancy on the CAB. The MOTION carried unanimously. (d) Financial Advisory Board - MOTION was made by VICE MAYOR. BLOSSER /COMMISSIONER BASSO that Mr. Benjamin Cohen be appointed a Regular Member of the FAB for a two -year term. The MOTION carried unanimously. (e) Health Officer - No report. (f) Library Board - Mrs. Liane Novak, President of Friends of the Library was present. Mrs. Novak reported that the new summer hours of the library from June 1, 1984 through Labor Day would be Monday through Thursday, 10:00 a.m. until 3:00 p.m.; Friday 10:00 a.m. until 1=2:30 p.m.; closed Saturdays. Town Commission May 2, 1984 Regular Meeting Page 9 of 12 u Mrs. Novak also reported on the increased circulation experienced since 1982: 1982 circulation - 3834 1983 circulation - 7245 1984 circulation - 3929 (first three months) The Library's Annual Meeting will be held on May 18, 1984. Mrs. Novak commended Ms. Ann Hermann on her job at the library and thanked Town Hall for their cooperation. (g) Planning Commission /Local Planning Agency - The Planning Commission will hold a meeting on May 9, 1984 at 9:30 a. m. MOTION was made by COMMISSIONER STEWART /COMMISSIONER BASSO that Mrs. Amelie Leng be appointed as Alternate No. 2 on the Planning Commission, for a one -year term. Commissioner Stewart cited Mrs. Leng's experience on the CAB as justification for the appointment. Vice Mayor Blosser expressed the opinion that the appoint- ments should not be made until the Talent Bank appli- cations are reviewed. The vote was taken and the MOTION carried. (h) Police Advisory Board - Mr. Albert Bevilacqua was present. Mr. Bevilacqua expressed his congratulations to the successful candidates, after which he advised the Town Commission that the Police Department had received 26 applications for the two positions recently filled. Mr. Bevilacqua also reiterated that the Police Depart- ment had handicapped decals available and urged that any handicapped persons register with the department, in case of an emergency. Mr. Bevilacqua denied the allegations contained in a letter of April 6, 1984, prepared by the Town Manager and signed by Chief Petracco of Boca Raton, stating that the facts contained therein were out of context and not a true depiction of the matter. PROPOSED ORDINANCES AND RESOLUTIONS (1) An Ordinance of the Town of Highland Beach, Florida, amending the Code of Ordinances of the Town of Highland Beach, Chapter 11, entitled "Garbage and Trash Disposal ", Section 11 -13, entitled "Charges for dwelling units not yet on the Tax Roll ", to provide �,.i for current garbage and trash charges. Town Commission May 2, 1984 Regular Meeting page 10 of 12 u The Town Clerk read this Ordinance in its entirety, after which MOTION was made by COMMISSIONER STEWART /VICE MAYOR BLOSSER to adopt same. Upon polling the Town Commission, all members voted AYE. The following two Ordinances were given a first reading, after which they were referred to the May Workshop Meeting: .(1) An Ordinance of the Town of Highland Beach, Florida, amending the Code of Ordinances of the Town of Highland Beach, Chapter 152 entitled "Land Filling" Section 152 -3 entitled "Issuance of permit, fee, etc." relating to sand or fill generated by excavation. (2) An Ordinance of the Town of Highland Beach, Florida, amending the Code of Ordinances of the Town of Highland Beach, Chapter 29, entitled "Water System ", Section 29 -10 entitled "Charge for Water Service ", to reflect the current water rates required by the Town. It was noted that this Ordinance would be scheduled for adoption at a Special Meeting to be held on May 29, 1984. Commissioner Basso then called upon the Town Attorney to draft an Ordinance for the Workshop Meeting in May to amend Section 2 -5 of the Town Code entitled "General supervision over town affairs; suspension of town officers ",to track the provisions of Section 2.01(31) of the Town Charter to explicitly give authorization to the Town Commission for the dismissal or suspension of the Town Manager. It was the consensus of the Town Commission that this provision in the Town Code presently was not clear and should be more explicit and track the Charter provision. This matter will be scheduled for the Workshop Meeting in May. RESOLUTIONS (1) A Resolution of the Town Commission of the Town of Highland Beach, Florida, identifying services rendered by Palm Beach County which provide no real and substantial benefit to property or residents within the Town of Highland Beach and which are financed from Countywide revenues and ad valorem taxes; Petitioning the Board of County Commissioners of Palm Beach County, Florida to develop appropriate mechanisms to finance such services pursuant to Section 125.01 (6)(a) and (7) Florida Statutes: Directing the Town Clerk to transmit a certified copy of this Resolution to the Board of County Commissioners of Palm Beach County, Florida: Providing an effective date. This Resolution was read in its entirety by the Town Clerk. The Town Manager noted that this Resolution was requested annually by Kelton & Associates, the Town's consultants regarding the Dual `,/ Taxation Law Suit. MOTION WAS made by COMMISSIONER STEWART/ Town Commission May 2, 1984 Regular Meeting Page 11 of 12 COMMISSIONER BASSO to adopt the Resolution, which MOTION carried unanimously. CONSENT AGENDA The following Item was submitted to the Town Commission on a Consent Agenda: Approval of expenditure of $2,800.00 for a copper coil for the Town Hall air - conditioner from Lennox A /C. MOTION by VICE MAYOR BLO55ER /COMMISSIONER BASSO to approve the Consent Agenda, which MOTION carried unanimously. ITEMS LEFT OVER The only matter under Items Left Over was discussion regarding the Enterprise /Utility Funds Budget. MOTION was made by COMMISSIONER BASSO /COMMISSIONER STEWART to approve the purchase of a Dodge truck from Miller Dodge in the amount of $5,893.00 without air - conditioning or a radio. The MOTION carried unanimously. It was the consensus of the Town Commission to accept the offer of Assistant Director of Utilities Walter Budjinski to do the mowing and hedge trimming at the Water Plant site, using his own equipment, at a cost of $100 per month, in lieu of purchasing equipment. This will be re- evaluated for the 1984/85 fiscal year budget. The Town Manager indicated that costs for microwave ovens had been obtained and that the original request for $450.00 for this item could be substantially reduced. It was the consensus of the Town Commission that a microwave oven be purchased for the water plant not only giving regard to cost, but also to safety features. The remainder of the Enterprise /Utility budget was approved as submitted. The Mayor reported that he had received a copy of a Resolution which had been adopted by Ocean Ridge, opposing the unitary tax imposed on corporations within the State of Florida. It was the consensus of the Town Commission that since Highland Beach was a totally residential community, it should not get involved in the opposition of this matter. • Town Commission May 2, 1984 Regular Meeting Page 12 of 12 BILLS FOR APPROVAL: The bills submitted for approval were: Rainbow Landscaping, Inc. $850.00 S.A.S., Inc. 851.65 Sun Banks of Fla., Inc. 22,605.64 United Auto Service, Inc. 821.67 Federal Maintenance, Inc. 6,225.00 F. H. Foster Oil Corp., Inc. 2,001.05 Gee & Jenson Engineers 2,396.30 Dixie Lime and Stone Company 1,93 0.60 TOTAL $49,681.91 MOTION was made by COMMISSIONER BASSO /VICE MAYOR BLOSSER that the Bills submitted in a total amount of $49,681.91 be approved for payment. All voted AYE. There being no further business to come before the Town Commission at this time, the meeting was adjourned at 4:40 p.m. APPROVED: Louis Horton, Mayor i vw ,,, , , ft pj, 1 . Mary`Louise Blosser, Vice Mayor ABSENT William E. Paul, Commissioner Be can S art, Commissioner :� Ste hn J Commissioner ATTEST: a An Whaley Town Clerk Date: