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1989.05.30_TC_Minutes_Workshop` ~ ,.: ~,. TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, May 30, 1989 1:30 P.M. Mayor Joseph A. Boulay called the Workshop Meeting of the Town Commis- sion of the Town of Highland Beach, Florida, to order at 1:30 P.M. in the Commission Chambers at Town Hall. Others present were Vice Mayor John J. Basso, Commissioners Doris R. Rome, Marvin A. Waldman and Betty Jean Stewart. Others in attendance were Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Deputy Town Clerk Anne M. Kowals, Building Official Harry Heithaus and members of the general public. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA The Agenda was amended by moving Item 89.11 (Highland Ocean Associates) to a position following 89.1 (Public Comments and Requests); Item 88.7 (Discussion re Van Duren/Chernalis Unity of Title) was moved to a posi- tion following 89.3 (Proposed Ordinances and Resolutions); Item 89.4 (Water Resources Advisory Board Report) was deleted at the request of Chairman Keller and, at Commissioner Stewart's request, the April 25, 1989 letter from Mangus Nursery to the Town of Highland Beach was in- cluded under 89.2 (Boards and Committees - Correspondence). Upon MOTION by COMMISSIONER ROME/COMMISSIONER STEWART, the Agenda was accepted as amended. The MOTION carried unanimously. 89.1 Public Comments and Requests Mrs. Evelyn Houck, a Russell Drive resident, addressed the Town Commis- sion and urged the Members to reconsider their prior adoption of the ordinance that prohibits owners from trimming their own trees and shrubs without a permit being issued to a professional tree trimmer. This resident felt that this ordinance would have met with substantial opposition if the Town Newsletter was still being printed and mailed to the residents advising them of consideration of such ordinance. Mrs. Houck further noted her dissatisfaction with the Town Commission's reluctance in considering settlement of pending litigation after same was recommended by attorneys representing the Town. With regard to the proposed dune walkover ordinance, Mrs. Houck expressed her opinion that same was a special interest ordinance to solve an internal condominium problem and should not be considered by the Town Commission. A statement prepared by Mr. Jose Echeverria, a Russell Drive resident who heads the turtle watch program in Highland Beach, expressing opposi- tion to the proposed dune walkover ordinance noting the request for such ordinance was made to satisfy differences in a condominium and stating the Town Commission should not be involved in this matter, was read at this meeting by Mr. William Paul of Russell Drive. ,~' ~ , ' Town Commission . May 30, 1989 Page 2 of 8 • Workshop Meeting Minutes Also addressing the Town Commission and expressing opposition to the proposed dune walkover ordinance were Mr. Arthur Eypel of 3401 South Ocean Boulevard and Ms. Pam Perona, a Regency Highland resident. 89.11 Discussion re Highland Ocean Associates (Royal Highlands/Teron International) Mr. August DiRenzo, a partner of Highland Ocean Associates, addressed the Town Commission and stated the proposal submitted for the site, formerly known as Royal Highlands/Teron International, was to give the Town Commission and residents a conceptual idea of what Highland Ocean Associates would like to construct on that property. Architect Steve Kunik explained the proposal submitted was for fourteen (14) single family units to be developed on the site. Each parcel will be approximately 60' wide by approximately 200' deep. With regard to the "original Bel Lido easement", they are proposing to retain the easement in the center of the property or to relocate the easement to the North portion of the property. Mr. Kunik stated they are proposing a 30' setback in the front area; 0' setback on the North; a 10' setback on the South with the rear property line on the Coastal Construction Control Line. The maximum height would be 55'. It was noted that all information is contained in the booklet submitted to the Town Commis- sion. During discussion, it was noted that the dune cross-overs will conform to the new proposed ordinance and some of the pools will be located East of the Coastal Construction Control Line. Mayor Boulay, noting this is an exciting project, requested that the presentation sketches be set up so that they could be viewed by persons in the audience. Attorney Sliney stated that if the plans and concept are acceptable to the Town Commission, he will meet with Attorney Schulman, who represents Highland Ocean Associates, to work out an agreement which would be sub- mitted to the Town Commission for approval. When Commissioner Stewart said "It would appear this would require variances and I would like our attorney to address how this will be done", Attorney Sliney advised that he and Attorney Schulman have some legal concerns; they will discuss the matter and submit an agreement to the Town Commission to solve the problems brought up at today's meeting. Following substantial discussion of this project, it was the consensus of the Town Commission that Town Attorney Sliney and Highland Ocean Associates Attorney Schulman confer in order to prepare a mutually satisfactory agreement, as soon as possible, and submit same to the Town Commission for review and approval. f ~ Town Commission Workshop Meeting Minutes • May 30, 1989 Page 3 of 8 89.2 Boards and Committees The various vacancies on the Town Boards were noted by Mayor Boulay. Talent Bank Applicants John Giattino and Yvonne Marie Petritz were introduced to the Town Commission. The applicants will attend the next Planning Board Meeting prior to being interviewed by the Town Commission. At the request of Commissioner Stewart, the Mangus Nursery letter of April 25, 1989 will be attached to and made a part of these minutes. 89.3 Proposed Ordinances and Resolutions 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR THE ERECTION OF DUNE WALKOVER STRUCTURES; REQUIRING THE OWNERS OF OCEAN FRONT PROPERTY TO ERECT DUNE WALKOVER STRUCTURES OVER SAND DUNES LOCATED ON THEIR PROPERTY; REQUIRING THE OBTAINING OF A D.N.R. PERMIT PRIOR TO CONSTRUCTION; PROVIDING FOR EXEMPTIONS, PROVID- ING FOR ENFORCEMENT, PROVIDING FOR PROCEDURE IN THE EVENT OF COURT DECLARED TAKING, PROVIDING AN EFFECTIVE DATE. • The proposed ordinance was given first reading on May 2, 1989 and was published on May 19, 1989. During discussion, the Town Commission recommended the ordinance be amended as follows: The phrase "or when- ever ownership of a single family home changes" is to be inserted after the word 'construction' in Section 2; Section 3 is to read "Within six months"; the first sentence of Section 4 is to read "This Ordinance shall not apply to single family properties except for new single family construction or where single family property ownership changes, etc.; at the end of Section 7, the phrase "six months after date of adoption" will be inserted. This proposed ordinance will be an agenda item for the June 6, 1989 Regular Town Commission Meeting. 88.7 Discussion re Van Duren/Chernalis Unity of Title Building Official Heithaus informed the Town Commission that Lots 3 and 4, Block 2, Bel Lido Sub-division are under Unity of Title which was put in place in order to install a dock between the lots. The property owners, Van Duren/Chernalis are requesting that the Town Commission release the Unity of Title so that they may construct a duplex on Lot 4. The Building Official noted that plans for said duplex received approval from the Planning Board, Community Appearance Board and the Town Commission. Mr. William Watson, realtor representing Van Duren/Chernalis, explained that on February 2, 1988 the Town Commission approved the duplex plans • without exception. In April '89, the Planning Board and the Community Town Commission Workshop Meeting Minutes • May 30, 1989 Page 4 of 8 Appearance Board approved minor changes which were made at the recom- mendation of their architect. Mr. Watson stated that in November, 1986 when they applied for and received Unity of Title, they understood that they had enough room to build a duplex on Lot 4. Now, said Mr. Watson, in order to construct the duplex, they find it is necessary to request that the Town Commission release the Unity of Title. Following discussion of the matter, it was the consensus of the Town Commission that the Unity of Title would be released upon removal of the dock; (Attorney Sliney will hold the release of the Unity of Title in escrow until the dock is removed). Mr. Watson agreed to provide the properly signed (by owners - Van Duren/Chernalis) legal documentation. A draft of the release of Unity of Title will be prepared and submitted in time for the June 6, 1989 Regular Town Commission Meeting. 89.4 Water Resources Advisory Board Report by Mr. Keller At Chairman Kelley's request, this item was deleted from the Agenda. 89.5 Discussion re Comprehensive Plan (Capital Improvement Element) Mayor Boulay acknowledged receipt of a letter from Mr. Jim Park of Gee & . Jenson, dated May 11, 1989, advising that the Town should address the Comprehensive Plan following receipt of expected comments from the Department of Community Affairs. The Town Commission directed that Town Manager Mariano forward a memo, along with a copy of Mr. Park's May 11, 1989 letter, to the Planning Board. 89.9 Status of Solid Waste Authority .Recycling. Legislation The Town Manager had no status report with regard to this matter; how- ever, Mrs. Mariano noted that inasmuch as information regarding the Solid Waste Grant Program (which the Town does support) was received too late, the Town was unable to enter into the Interlocal Agreement with the County. 89. 1P! Drexel Property/Proposed Construction of .Basin with Bulkhead and Piers Following substantial discussion regarding the proposed constructidn of a basin with bulkhead and piers on the Drexel Property, it was the consensus of the Town Commission that Town Attorney Sliney should confer with Drexel's Attorney Deuschle to determine the feasibility of addressing the density issue along with this request and report back to the Town Commission at an early date. Commissioner Waldman noted that the Town Commission, if necessary, could hold a special meeting to • address this matter. .' , ,. • Town Commission Workshop Meeting Minutes May 30, 1989 Page 5 of 8 89.11 Discussion re Highland Ocean Associates (Royal Highlands/Teron International) This Agenda Item was moved to a position following 89.1 (Public Comments and Requests). MISCELLANEOUS - ITEMS LEFT OVER None. REPORTS - TOWN COMMISSION Mayor Joseph A. Boulay Mayor Boulay reported attending the South Florida Municipal League Meet- ing as well as the South Florida Water Management District Meeting where the draft of the Town's Comprehensive Plan was to be discussed. The Mayor noted receipt of correspondence from Mary Louise G. Blosser regarding the defense and indemnification of present and former Town • Officials in court action. Commissioner Rome submitted a proposed ordinance incorporating such amendments; same will be given first read- ing at the June 6, 1989 Regular Meeting of the Town Commission. Vice Mayor John J. Basso The Vice Mayor suggested that all the Australian Pine Trees behind the Town Hall Complex should be removed. Following discussion of this matter, the Town Manager was directed to advertise for bids to remove the Pine Trees and report such bids back to the Town Commission. Commissioner Doris R. Rome No report. Commissioner Marvin A. Waldman No report. Commissioner Betty Jean Stewart Commissioner Stewart reported attending the Beaches and Shores Council Meeting and noted that the Council is considering reversing its recent decision not to review dune walkovers. The Commissioner further noted that she advised the Beaches and Shores Council that the Town of Highland Beach was considering the adoption of a dune walkover ordinance • and, when adopted, a copy would be submitted to the Council. • Town Commission Workshop Meeting Minutes May 30, 1989 Page 6 of 8 With regard to the letter of May 23, 1989, from the Department of Transportation concerning their five year transportation plan, Commis- sioner Stewart suggested the Town Manager respond to that letter and include supporting documents with regard to A-1-A remaining as is; a two lane highway. Commissioner Stewart reported that Delray Beach is considering beach restoration (which will benefit the Town of Highland Beach). REPORTS - TOWN ATTORNEY Attorney Sliney had no report. REPORTS - TOWN MANAGER Town Manager Mariano reported on the status of pending Town projects: all Town Elall renovations have been completed; the Financial Advisory Board is reviewing the proposed budget which will be submitted to the Town Commission in July. The Town Manager noted the donation of a gazebo roof top for possible use in the proposed Town Park. Town Manager Mariano further noted the donation of additional shelving and lighting in the library by the 'Friends of the Library'. It was recommended that the Town Commission consider adopting a Resolu- tion (previously adopted by Boynton Beach) urging the provision of state funding for municipal libraries. This matter will be placed on the Regular Town Commission Meeting Agenda for June 6, 1989. Town Manager Mariano acknowledged a memo from Mr. Guy Galizia regarding swimming pool fences mandated by insurance companies and recommended that the Town Commission act to waive the Community Appearance Board review fees in such instances. This matter will be on the Consent Agenda for the June 6, 1989 Regular Town Commission Meeting. Town Manager Mariano reported with regard to the Xeriscape Landscaping at Town Hall; estimates for the replacement of the Bougainvillea in front of Town Hall will be submitted to the Town Commission for approval. Following Discussion of the Town Hall Landscaping, it was the consensus of the Town Commission that the Xeriscape Landscaping in front of the Town Hall should be maintained in a manicured manner. With regard to recreation facilities behind Town Hall, the Town Manager noted that a proposed survey relating to the Town Park will be redrafted and submitted at the Town Commission Regular Meeting on June 6, 1989. Regarding a required fence around the Centel facilities behind the Town Hall, such fence will be allowed without landscaping, at this time, if • Centel will provide a letter stating that such landscaping will be completed at a later date to conform with any proposed park plan. Town Commission May 30, 1989 Page 7 of 8 • Workshop Meeting Minutes The Boca Highland Sales Trailer permit renewal was discussed and same will be placed on the June 6, 1989 Regular Meeting Consent Agenda with conditions of non-occupancy and proper maintenance of the premises. Following discussion, it was the consensus of the Town Commission that a monthly Status of Building Report, as well as an item to address prepared minutes will be added as Agenda Items for the Workshop Meetings. Regarding prepared minutes scheduled for adoption at the June 6, 1989 Regular Town Commission Meeting, Commissioner Stewart made several recommendations for amendments: Minutes of the April 20, 1989 Special Meeting, page 1, paragraph 2, (Attorney George P. Roberts of Roberts & Reynolds Law Offices in West Palm Beach); page 2, paragraph 5, amended to read as follows: Commissioner Stewart read a prepared statement opposing any reinstatement of a site plan for 346 units and noted that 346 units translate into 692 people and 692 cars and, that 200 gallons of water per person per day is 138,400 gallons of water per day which adds 50,516,000 gallons to our yearly need from South Florida Water Management District. Commissioner Stewart recommended that the Town ask etc. Minutes of April 25, 1989 Workshop Meeting, page 3, paragraph 1, was amended to read: The Town Commission reviewed correspondence from Attorney Robert A. Eisen, dated April 3, 1989, which reflected the construction and approval history on this parcel, which information had been requested of Attorney Eisen at the March 28, 1989 Town Commission Workshop Meeting. During substantial discussion, etc.; page 5, paragraph 1 under Commissioner Stewart's report was amended to read: the hiring of Attorney Dan Rosenbaum for the Broadview matter since he is familiar with the Town's problems and has been working on the Boca Highland case; page 4, paragraph 5, was amended to read: The following areas of special interest were assigned to the Town Commissioners by Mayor Boulay. With all the agenda items having been addressed, upon proper MOTION by COMMISSIONER STEWART/COMMISSIONER ROME, Mayor Boulay adjourned the Workshop Meeting of the Town Commission at 4:45 P.M. APPROVED : ~,~1~ ~_ Jos~bh A. Bop!,lay, Mayor ohn ~./$~~so, Vice Mayor. L` ., , Town Commission May 30, 1989 Page 8 of 8 Workshop Meeting Minutes ~~! ~~~ Doris R. ome, Commissioner a in A. Waldman, Commissioner ~~ t Jean Stewart, Commissioner ATTES Date: • • .~ . %~1 ~ .~ . • ~~c r ~ '~ ~9lUI~SERY ~IVCy IL~.ItId~C~IPE CO., II~IG. i{~I~t~r~t~ 737-'11BEE P.O. BOX 631 DELRAY BEACH, FLA. 33444 April 25, 1989 Town of Highland Beach 3614 South Ocean Blvd. Highland Beach, Florida 33431 RE: MEMO TO MR. SAVING As you requested I have t.l~oroughly inspected the Xeroscaping in front of Town Hall in regards to the weed-infestation in and around the Bougainvilla and Larissa plants. ~~ The two types of weeds which are dominating these areas are "Torpedo Grass" and "Dollar Weed". The "Dollar" weed is a water loving weed and would indicate over watering. The over watering could also account for the poor leaf color and bloom of the Bougainvllas. The "Torpedo" grass is a very agressive and invasive grass. It can i?nly be controlled by spray applications of Roundup weed killer. On the "Dollar Weed", I would recommend mechanical removal with hand labor and a reduction of applied water as a first resort. On the "Torpedo Grass" I would recommend spraying of "Roundup" weed killer over the existing Xeriscape plants and weedy. The plants would have to be sacrificed in the process. Fortunately .the. "Torpedo Grass" is fairly well concentrated in one area, therefore plant loss would be minimal.