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1984.09.25_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, September 25, 1984 9:30 A. M. A Workshop Meeting of the Town Commission was called to order at 9:30 A.M. by Mayor Louis Y. Horton, Also present were: Vice Mayor Mary Louise G. Blosser, Commissioners John J. Basso, William E. Paul, and Betty Jean Stewart. Also present were: Town Attorney Thomas E. Sliney, Town Manager Elaine W. Roberts, Town Clerk Mary Ann Whaley, citizens, and the general public. 84.1 Public Comments and Requests Attorney Cormac Conahan, representing Thomas Communications, D /B /A Highland Beach Cable TV, addressed the Town Commission. Attorney Conahan reported that Thomas Communications intends to sell the Highland Beach Cable Television Franchise to Centel, pending appropriate approval from the Town, in an effort to expand services to the residents of Highland Beach. Also present were Tom Gullett, President of Highland Beach Cable TV and Rusty Hutton, representing Centel. It was noted that Attorney Conahan would provide additional information regarding the expanded services and any rate increase anticipated to the Town Commission prior to the October 6, 1984 Regular Meeting, at which time this matter will be scheduled again. In the meantime, Attorney Sliney will look into any contract requirements which may be necessary in order to approve the transfer of assets from Thomas Communications to Centel. Commissioner Basso also requested that the Town look into the matter of assuring all audit requirements, as provided for in the Franchise, are met prior to the sale taking place. Attorney Sam Goren and Mr. Earl Totz, representing Drexel Manage- ment, Inc., addressed the Commission requesting a status report on the Drexel matter. It was noted that requested information from the U. S. Army Corps of Engineers had not yet been received. Mr. Totz reiterated his request that the Town have its engineers meet with Drexel's consulting engineers to determine the factors involved in the delay of the issuance of Federal Permits on this project. Commissioner Stewart noted that this item was an agenda item and would be taken up later in the meeting. Mrs. Roberts then reported on a letter received from Attorney Meltzer regarding a request to purchase the north portion adjacent to the Water Treatment Plant site. This public request had been received in writing and was, therefore, submitted to the Commission at this time. Mayor Horton then noted that this matter would be brought up under his report for further discussion. Page 2 of 11 Town Commission Workshop Meeting September 25, 1984 Mr. Jerome Milord addressed the Town Commission with reference to the matter of a request for a C/O on one of the Camino Cove buildings. It was noted that the Camino Cove project was a matter on the agenda and would be discussed later in the meeting. Mr. Milord was advised that the request regarding the C/o would be taken up at that time. Mr. Michael Dent and Mr. Robert Sholtz both requested clarification as to whether, during the Special Meeting scheduled for this date, public requests and comments would be solicited. Mayor Horton responded that they would be permitted during the Special Meeting. 84.2 Boards and Committees It was noted that one regular vacancy existed on the Board of Adjust- ment due to the resignation of Benjamin E. Winston. As this Board has six other members at this time, this matter was workshopped until the October meeting. Also to be taken up at the October Workshop will be the recommendation of Mr. William J. Wernecke of the Planning Commission regarding the reappointment of Mr. H. C. Arnold. 84.3 Proposed Ordinances and Resolutions A Special Meeting was called at this time to handle Items (A) through (E), regarding the Budget and the increase in Water and Sewer Connect- ion charges. u (F) An Ordinance of the Town of Highland Beach, Florida, amending the Code of Ordinances of the Town of Highland Beach, Chapter 7, Entitled "Buildings ", Section 7 -1.1, entitled "Amendments to Standard Building Code" amending Section 107.4 of the Standard Building Code providing for Building Permit fees. This Ordinance will be scheduled for final reading at the October 6, 1984 Regular Meeting. (G) An Ordinance of the Town of Highland Beach, Florida, amending the Code of Ordinances of the Town of Highland Beach, Chapter 21 entitled "Seawalls, Bulkheads, Retain- ing Walls ", Section 21 -1 (d) (7), This Ordinance will be scheduled for the October Workshop Meeting. (H) An Ordinance of the Town of Highland Beach, Florida, amending the Code of Ordinances of the Town of Highland Beach, Chapter 22, entitled "Sewers ", Section 22 -2 en- Page 3 of 11 Town Commission Workshop Meeting September 25, 1984 titled "Sewer Service Charges" to eliminate current surcharge. u This Ordinance will be scheduled for the October 10, 1984 Workshop Meeting (I) An Ordinance re Southern Bell franchise. Attorney Sliney is in the process of collating reports involving the actions of other municipalties against Southern Bell regarding Excise Taxes and will submit his report as soon as possible.Attorney Sliney's report will include any recommendations for amendment to the Town's present franchise with Southern Bell. (J) An Ordinance repealing Chapter 2, entitled "Administration" Section 2 -5 entitled "General Supervision over Town Affairs; Suspension of Town Officers ". This Ordinance will be submitted for first reading at the October 6, 1984 Regular Meeting. (K) An Ordinance re Emergency Seawall Measures. The Code Enforcement Board is still studying this matter which will be scheduled for the October Workshop Meeting. (L) Ordinance amending Section 28� =13 (h) regarding u definition of "Yard" in Trees, Shrubs and Vegetation chapter. This Ordinance will be submitted for first reading at the October 6, 1984 Regular Meeting. (M) An Ordinance amending Chapter 6, entitled "Beaches and Boats" to prohibit living aboard boats. This Ordinance will be submitted for first reading at the October 6, 1984 Regular Meeting (N) An Ordinance amending Chapter 2 relating to Boards and Committees i.e. Composition, Terms, etc. Attorney Sliney will draft an Ordinance amending Chapter 2 to assure that, with regard to all Boards and Committees, the new Zoning Or- dinance as recently adopted is tracked. Town Commission Workshop Meeting September 25, 1984 Page 9 of 11 (0) An Ordinance amending Chapter 10 entitled "Fire Prevention" to adopt Palm Beach County Fire Code. The Town Manager and Town Attorney are awaiting recommendations from Chief Brice, of Palm Beach County Fire /Rescue Department, regarding the adoption of the Palm Beach County Fire Code, at which time Attorney Sliney will draw up an appropriate Ordinance for submission to the Town Commission. (P) An Ordinance amending Chapter 23, entitled "Signs and Advertising ". This matter will be laced on the October Workshop in P p�i Building Official, Bruce Sutherland, will be given a copy of the recommendation, as submitted by the Community Appearance Board,to study prior to the October Workshop Meeting. 84.42 Discussion re Drexel Matter It was noted that this matter had been briefly discussed under "Public Comments and Requests ". The Town Manager advised that the information requested from the Army Corp. of Engineers as well as the DER,had not been received. It was the consensus of the Town Commission that the Town of Highland Beach not get involved with a meeting between Drexel's engineers and the Town's engineers, until the requested in- formation has been received from the Army Corp. of Engineers and studied. This matter will be placed on the October Workshop Agenda. 84/43 Request regarding approval of Camino Cove Plat. Mr. Jerome Milord and Mr. Paul Milord, representing Milord Development Company, weir present. The first matter discussed involved a request by Milord Development Company for the approval of a signed plat , by the Town, of the Camino Cove project. It was noted that the Town's engineers, CDM, had been requested to review the plat for recommend- ations. It was the consensus of the Town Commission that the Mayor be authorized to sign the plat as "Appoved "upon the approval of the Town's engineers that the plat met all requirements for recording. Also discussed was a request to use Unit 9 -A as a Sales Model in the Camino Cove project. No objections were raised to this matter and Mr. Sutherland will be advised. Mr. Jerome Milord then requested a C/O be issued on one of the Camino Cove buildings. Substantial discussion took place regarding the fact that one building permit had been issued for the entire project, therefore, requiring the issuance of one C /O. Mr. Milord felt that a hardship existed due to the fact that one single unit could be sold and occupied prior to the entire project being completed. It was noted that no contract of sales had been executed, at this time, on any unit. Commissioner Stewart raised the point that, if separate C /O's were issued, it would require separate inspections by the CAB, prior to each issuance, costing the Town additional money. As no immediate urgency existed on any individual unit at this time, it was the consensus of the Town Commission that Mr. Milord return with a specific request at which time the matter would be taken up again. Town Commission Workshop Meeting Page 5 of 11 September 25, 1984 84.35 Unity of Title Request - Fredericks Property As Mr. Schiff, Chairman of the Board of Adjustments, was present, this matter was taken up at this time. Mr. Schiff advised that the Board of Adjustments had held a Public Hearing on the request regarding the Frederick, property involving an application for approval of a gate house, the height of an observation tower, and the width of the building. Mr. Schiff reported that the request for the height of the observation tower was denied, the width of the building was no longer a matter of contention, and the request regarding the gate house was approved contingent upon approval by the CAB. It was noted that this matter still had to go before the Planning Commission prior to being approved. It was the consensus of the Town Commission that the matter involving the request for Amendment to the Unity of Title be deferred until the Planning Commission finalized its actions on this project. A lunch recess was taken from 12:15 p.m. until 2:00 p.m. at which time this Workshop Meeting reconvened. 84.44 Boca Hi sales office permit extension (Expires 9/31/84) This matter will be placed on the October 6, 1984 Regular Meeting Consent Agenda. It was the consensus of the Town Commission that the permit again read "This permit is limited to original sales only ". It was also requested that Mr. Delaney be provided with a copy of new zoning provision regarding original sales. 82.49 Highland Beach /Delray Beach Sewer Issue Status Commissioner Basso reported on the meeting held in Delray Beach be- tween the Town of Highland Beach, The City of Delray Beach and Greeley and Hansen, Engineers on this project. He noted that the Town was awaiting a final report from Greeley and Hansen which would contain recommendations for the settlement of this issue. 83.74 County Sanitation Contract Status Mrs. Roberts indicated that a memorandum had been distributed among the Town Commission which included information requested from Mr. Gaudette involving the computation of charges. It was also noted that Mr. Gaudette was requesting the payment of $6,620 for unfilled apart- ments from January 1, 1984 through the present time. It was noted that this request was submitted due to the fact that the Town had not yet agreed to the extension of the County Sanitation contract for a period of three years. Substantial discussion took place involving the method of service received by County Sanitation and the charges. There was a consensus to renew the contract through 1988 as requested by Mr. Gaudette, without the payment of $6,620.00. Mr. Sliney will prepare the addendum to this contract for final approval which will be placed on the October 6, 1984 Consent Agenda. U Town Commission Workshop Meeting Page 6 of 11 September 25, 1984 84.8 Utilities Department /Water Treatment Plant Items The only matter involving this department regarded the landscaping plan for the Water Treatment Plant property adjacent to the new Stevenson Design building. Mayor Horton agreed, with the approval of the Town Commission, that he would make a decision and complete this project. 84.27 Discussion re security measures for Administrative and Building Departments It was the consensus of the Town Commission that it was unnecessary to provide security gates between the lobby and the administrative and building departments. A request involving the provision of locks on the Town Commission file cabinet in the Town Commission office was approved. The Maintenance Supervisor will be directed to handle this matter. 84.28 Status of Bel Air Drive Re- paving Project. Mrs. Roberts reported that the Town is still awaiting arrival of a letter from CDM, the Town's Engineers, on their recommendation as to what steps should now be followed. As soon as this information is received, this matter will be taken up again. The Town Clerk will call Mr.Jay Ameno to request that this information be obtained prior to the October 6, 1984 Regular Meeting. U 84.34 Request for water meter installation at Monterey House. It was the consensus of the Town Commission that this matter be deferred until a time when funds are available, possibly from sewer and water connection charges, prior to action on this matter being taken. It was noted that no urgency was expressed on the part of the Utilities Contractors, Harvel and Deland, regarding this matter. 84.39 Request to schedule proposed financial and budget seminars for Town Commission. The Town Commissioners were unsure as to how this matter appeared on the agenda. Discussion took place regarding computerization of the Finance Department, with Mrs. Roberts reporting that Mrs. Fowler, Finance Director, was compiling information which would be transmitted to the Town Commission as soon as possible. At this point, Mrs. Roberts also recommended that Mrs. Fowler be appointed Treasurer. Mrs. Fowler will request an opinion from the Town's Auditors regarding this request, at which time the matter will be taken up again. 84.45 Beach Walk West Sales Trailer Permit Memorandum of Irving Saunders, Chairman of the Planning Commission, Page 7 of 11 Town Commission Workshop Meeting September 25, 1984 dated 9/12/84, was then discussed. It was noted that this matter required special exception under the provisions of the Town's Zoning u Ordinance in existance at the time of the request and, therefore, would be treated as such. The Town Clerk will place the appropriate ads and will call a Public Hearing for November 3, 1984 meeting. 84.46 Request for modular structure on Regency Highland Roof A memorandum from Irving Saunders, Chairman of the Planning Commission, dated 9/12/84 was cited, which memorandum recommended Town Commission action on this matter. It was noted that this request involved the enclosing of patio structure on the roof of the Regency Highland building. This matter will be studied as to prior action taken on some of the existing structures on that roof, which information will be transmitted to the Town Commission for review. Commissioner Stewart expressed a concern regarding the stability of the material being requested to enclose such patio areas on the roof. This matter will be studied again and placed on the October 6, 1984 Regular Meeting Agenda for possible action. 84.47 Discussion re Gee & Jensen Retainer Agreement The Agreement was reviewed by the Town Commission and Town attorney, with the consensus being that the services of Gee & Jensen may no longer be necessary at this time. It was noted, however, that this matter would be reviewed if the need arises prior to the next State mandated Review of the Comprehensive Plan. A concern was expressed regarding witness requirements which may be needed by Gee & Jensen �-' on several pending litigation matters involving the Town of Highland Beach, which matters Attorney Sliney will look into and provide the Town with the dates and his recommendation for procedure on this matter. Reports - Town Commission Mayor Louis Y. Horton Pursuant to resignation of the Town Manager Elaine W. Roberts, which transpired during a Special Meeting held earlier this day, Mayor Horton advised that he had received a written resignation and had same in his possession. Finance Director Maree Fowler reported that, with regard to accumulated leave and severance pay requested and accrual of sick leave, a check will be drawn for Mrs. Roberts in the amount of $16,278,67. At Mrs. Fowler's request, it was the consensus of the Town Commission that this check be drawn on October 1, 1984, as this matter had not _'been provided for in this year's budget and could better be provided from next year's budget. The Mayor reported on requests solicited for the purchase of two Page 8 of 11 Town Commission Workshop Meeting September 25, 1984 police cars. It was noted that one police car had high mileage �✓ and another police car was in such disrepair that two cars were needed at this time. The Mayor cited three quotes received by Chief Cecere, with a recommendation that the quote of Terry Ford be accepted at a cost of $15,495.94. Chief Cecere was directed to order the two cars from Terry Ford, the formal approval of which would be placed on the October 6, 1984 Consent Agenda. The Mayor then reported on the Seascape Project, reporting that the permit had been received from the DNR. The Mayor stated that Mr. Garrett, inventor of SEASCAPE, was on vacation and would be in touch with the Mayor upon his return to discuss the final cost involving monitoring and installation. The Mayor will report further on this matter when additional information is received. It was the consensus of the Town Commission that the Mayor attend the Florida League of Cities meeting to be held in Tampa on October 11, 12 and 13, 1984. It was noted that this would in- volve three nights hotel, meals, registration and transportation. Discussion was then held regarding the purchase of land at the Water Treatment site, as brought up by the Town Manager under "Public Comments and Requests ". Substantial discussion took place involving the neighboring property owners and the hardship that would be caused them to sell this property for purposes of u parking. It was the general consensus of the Town Commission that the Town retain this property at this time and not sell same. The next matter taken up involved Delray Screen and the installation of hurricane shutters on the municipal buildings within the Town of Highland Beach. It was noted that Delray Screen had not installed the hurricane shutters as provided for in their contract, by Sept. 5th, 1984. They had been in contact with the Town Manager regarding several delays. However, the matter still had not been handled. Mrs. Roberts reiterated the fact that Delray Screen had been chosen because of the time frame in which they were to install the shutters even though their bid was approximately $400 above the low bid received. Mrs. Roberts also reported that she had discussed this matter with Delray Screen in an effort to get them to lower their bid to the low bid received, with no success. It was the consensus of the Town Commission that due to the fact that Delray Screen did not live up to their contract, that the Town rescind the contract entirely and review this matter prior to any further action. Commissioner Paul stated that he had dealt with the representatives of Delray Screen and that he had been satisfied with their work and performance. ' Page 9 of 11 Town Commission Workshop Meeting September 25, 1984 The Mayor then reported on a letter received from the Chairman `./ of the Palm Beach County Board of County Commissioners regarding the proposed Home Rule Charter, a matter on the ballot for the November 6, 1984 election. Discussion took place regarding whether the Town should have a spokesperson at a meeting to be held on this matter. It was the consensus that no representative be sent to the meeting. The Town Commission did, however, favor the idea of advising residents of this important matter. The Mayor will place a notice in the next issue of The Bulletin which will be sent out prior to the November 6th election. The Mayor then discussed a letter from Attorney Sliney to Attorney Perry regarding the Boca Hi matter. It was the consensus of the Town Commission that this matter be deferred pending the litigation now pending in the courts. It was further noted that the meeting tentatively scheduled for November 26, 1984 had been cancelled. Commissioner Stewart contended that the footprint of the original RPUD was not the footprint as being presented for approval regarding the B & C site. Again, it was the consensus that this matter not be taken up until such time as a decision is reached involving the pending litigation. Discussion took place regarding the existing moratorium on building permits. At the recommendation of Attorney Sliney, it was the consensus of the Town Commission that the moratorium take its course and automatically rescind itself on October 31, 1984. Vice Mayor Mary Louise G. Blosser Vice Mayor Blosser commended Bernice Smith, Administrative Ass't, for the preparation of a new list of Board and Committee members, including the appointment date of each Board or Committee member. The Vice Mayor reported that Dr. Tomeski, Chairman of the Ad Hoc Evaluation Committee,had requested an informal meeting with the Town Commission to discuss what steps to take now that a preliminary evaluation had been done. The Vice Mayor will bring this matter up at the October 6, 1984 Regular Meeting in order to schedule a meeting date with this Committee. Commissioner John J. Basso No report. Commissioner William E. Paul No report. Commissioner Betty Jean S tewart Commissioner noted that regarding the funds received for the sale r \ Town Commission Workshop Meeting Page 10 of 11 September 25, 1984 of a portion of the Water Treatment Plant property to Stevenson Design, no formal motion was taken to place these funds into the General Operating Budget. This matter will be placed on the Consent Agenda for the October 6, 1984 Regular Meeting. Commissioner Stewart raised the issue involving the purchase of a new bulletin board for outside of the Town Hall building. It was noted that this board would be used for public notices for those residents who do not come inside Town Hall to see them on the Main Lobby bulletin board and for those times when Town Hall is closed. Further, this will alleviate the need to post any notices on the doors. Commissioner Stewart noted that, as of Wednesday, September 26, 1984, she would be out of town for two weeks. Report - Town Attorney Attorney Sliney reported on correspondence received from Adjustco, the Town's Liability Insurance Company, regarding the Ocean Terrace matter. Attorney Sliney recommended that the Town review its insurance needs and limits of liability for a possible adjustment. Mrs. Fowler, Finance Director, will be directed to work out the present limits and what would be necessary for increasing them. Attorney Sliney advised that Mr. Ken Gillman was a new attorney hired to assist Tom and would be assisting in the Town of Highland Beach's matters. Further, with reference to Ocean Terrace, Attorney Sliney advised that this litigation had been transferred to Federal Court from Circuit Court. Attorney Sliney reported that the lawsuit involving Villa Magna was a "shot gun" wherein an aggreived resident was looking for a cause of action against any possible defendant due to personal hardship. Report - Town Manager The Town Manager reported on several meetings held during the month with developers, staff members, and residents. The Town Manager reported that Patrolman Zaletta had tendered his resig- nation from the Highland Beach Police Department. The Town Clerk then requested clarification of instructions given during a Special Meeting held earlier this day regarding the presence of the Town Manager at Town Hall unaccompanied by a Town Commission member, and further requested that her keys be turned in at this time to avoid any questions regarding respon- sibility. After discussion, Mrs. Roberts was directed to turn over all keys prior to leaving the office this evening and, \./ further, not to occupy her office at Town Hall outside the Town Commission Workshop Meeting Page 11 of 11 September 25, 1984 presence of a Town Commission member until such time as her office was cleaned out completely. Mr. Michael Dent then made a comment regarding the Town Attorney and the Town Commission's position on the Boca Highland matter noting that no action should be taken pending the outcome of the litigation. There being no further business to come before the Town Commission at this Workshop Meeting, it was adjourned at 4:40 P. M. APPROVED: Louis v orton, Mayor Mary L wise G. B osser, Vice Mayor 6? ohn Basso, Commissioner William E. Paul, Commissioner Bet' y Jean Stewart, Commissioner ATTEST: Town Clerk (,�Q DATE I