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1989.07.25_TC_Minutes_Workshop,> ~:w TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, July 2.5,___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 in the Commission Chambers at Town Hall at 1:30 P.M. Others present were Vice Mayor John J. Basso, Commissioners Marvin A. Waldman and Betty Jean Stewart. Com- missioner Doris R. Rome was absent. Also present were Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Deputy Town Clerk Anne M. Kowals and members of the general public . ' ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA The Agenda was amended to include a request from Hidden Harbor/Broadview Savings Bank for exemption from the Dune Walkover Ordinance and by moving several items to a position following Item 89.1 (Public Comments and Requests). The Town Commission unanimously adopted the Agenda, as amended. 89.1 Public Comments .and Requests • Several residents addressed the Town Commission. Mrs. Betty Dodd, Pre- sident of the Aberdeen Arms Condominium Association, requested the Town Commission review the permit fees for fire sprinkler heads and noted that a number of buildings in Town are required by Palm Beach County Fire Service to retrofit with fire sprinklers in their apartments and buildings. - Mr. Harcourt Sylvester requested direction from the Town Commission with regard to demolition of a cottage located on his West side property at 2444 South Ocean Boulevard. The Town Commission directed the Building Official to work with Mr. Sylvester to resolve this matter. - Mr. Philip Colman urged the Commission to revamp the public address system in the Commission Chambers and he concurred in the request made by Mrs. Dodd for the review of the permit fee schedule. Mr. Colman also urged the Town Commission to consider involvement, in addition to the Department of Natural Resources, in dune protection. - Ms. Phyllis Shaffer of the Regency Highland requested direction from the Town Commission regarding the trimming of Australian Pines along State Road A-1-A and was advised that such project was the responsibility of property owners inasmuch as the Town has no jurisdiction on private property in this regard. - Mr. Jose Echeverria requested copies of Commissioner Stewart's reports of the Beaches and Shores Council Meetings. Hidden Harbor Development (Broadview Savings Bank) submitted a letter to Town Manager Mariano requesting exemption from Dune Walkover Ordinance No. 577. The Town Manager requested direction from the Town Commission • ,~ Town Commission Workshop Meeting Minutes • July 25, 1989 Page 2 of 7 as to how they want to proceed with this request. Following brief dis- cussion, it was the consensus of the Town Commission that this matter be addressed at the August 29, 1989 Workshop Meeting.. In reply to Commissioner Stewart's inquiry, Broadview Savings Bank re- presentative Dick Cook will submit required reports due the Town in time for the August Workshop regarding the status of monitoring on the Hidden Harbor West side property. Vice Mayor Basso stated that the Town would like a copy of all reports that are submitted to the different governmental agencies by Broadview Savings Bank. 89.12 Discussion re Satellite Dish (Chambers - 2524 South Ocean Boulevard - Lot 126W) Mr. Chambers, a resident at 2524 South Ocean Boulevard, addressed the Town Commission and advised that he is in the process of completing drawings for the satellite dish which had been installed without proper Town approvals and permitting. The Town Manager noted that the Building Official/Code Enforcement Officer issued a "Notice of Violation" on this matter. This matter will be placed on the Agenda for the August Workshop Meeting of the Town Commission. • The Town Commission briefly discussed amended plans submitted by Gary Gordon for a duplex residence under construction at 1125 Bel Air Drive (Lot 11, Block 1, Bel Lido Sub-division). It was noted that the amended plans received approval from the Town Boards. Town Manager Mariano stated that this project was under the 'Zoning in Progress' Resolution whereby density on the parcel was reduced by at least 33-1/3$. It was the consensus of the Town Commission that this matter should be moved for approval at the Special Meeting scheduled this date at 3 P.M. 89.2 Boards and Committees Mayor Boulay noted the vacancies existing on the various Town Boards. Talent Bank Applicant Arthur Kiefer, who had previously served as a Regular Member on the Board of Adjustment, was briefly interviewed by the Town Commission. The Mayor stated that a total of 11 Talent Bank Applications have been received and requested that the Town Commission be prepared to make appointments at the August 1, 1989 Regular Meeting to fill the various Town Board vacancies. The Mayor acknowledged receipt of the Planning Board transmittal of a proposed Ordinance amending Chapter 301 regarding Settlement Agreement of Litigation. Town Attorney Sliney advised that this ordinance was the result of negotiations between the Town and Teron International and same ould be a general purpose ordinance which would give the Town flexibi- ity in settlement litigation when opportunities arose; it would ~, Town Commission Workshop Meeting Minutes July 25, 1989 Page 3 of 7 expedite the settlement of the Teron parcel (Highland Ocean Associates). This ordinance, suggested by Highland Ocean Associates Attorney Schulman, would cause no problems for the Town Commission because the Town Commission has the final say-so in settlement situations. Attorney Sliney recommended that the proposed ordinance be placed for first reading on the August 1, Regular Meeting Agenda; discussion at the August 29, Workshop Meeting with adoption at a Special Meeting scheduled immediately following said Workshop Meeting. The Town Attorney noted that this schedule is recommended because the Town has to reply to the court by August 8, 1989 with regard to the settlement. Commissioner Stewart requested that Attorney Sliney submit a copy of the Molina Case which would determine her consideration of the proposed ordinance. The Commissioner stated that she needs this material before she can proceed with this matter inasmuch as there exists an issue of an alleged right-of-way held by a Bel Lido resident. Town Attorney Sliney advised the Town Commission that any right-of-way dispute is a matter between the property owners and outside the jurisdiction of the Town. Attorney Schulman explained that the actual settlement agreement on this property will deal with the Bel Lido Easement. This matter will be placed on the August 1, 1989 Regular Meeting Agenda for first reading. 89.3 Proposed Ordinances and Resolutions 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE TOWN CODE OF THE TOWN OF HIGHLAND BEACH, CHAPTER 28-1/2 ENTITLED "TREES, SHRUBS AND VEGETATION:, SECTION 28-1/2-15 ENTITLED "PERMIT REQUIRED" TO INCLUDE TREE ABUSE PROVISIONS. The proposed ordinance was given first reading on July 5, 1989 and was published on July 14, 1989. The Mayor read the ordinance, by title only, which will be placed on the Regular Meeting Agenda for final reading. 87.4 Discussion re Newsletter Mayor Boulay extended his thanks and appreciation to the Town Commission for their support in the reinstatement of the Town Newsletter. The Mayor noted that the. first issue, which will be submitted for approval at the Town Commission August Workshop Meeting, will be mailed to the residents in September, 1989, and the publication will be bi-monthly. Mayor Boulay further noted that when a voice vote to reinstate the Newsletter was taken, he voted against it. The Mayor explained that the "Nay" vote was not against the Newsletter but against certain aspects of the Newsletter which the Mayor did not agree with. • 'S Town Commission Workshop Meeting Minutes July 25, 1989 Page 4 of 7 88.12 Centel Cable - discussion re fencing Mr. Del Hanley, Centel Cable T.V. representative, addressed the Town Commission and requested direction relative to fencing required by the Commission per the current lease agreement. Following substantial dis- cussion, it was the consensus of the Town Commission that no fence be required if an adequate 'hold harmless' provision is included in the current lease agreement or franchise contract. 89.5 .Discussion re Comprehensive Plan Receipt of comments from the Department of Community Affairs regarding the Town's Comprehensive Plan was noted. Mr. Jim Park, Senior Planner with Gee & Jenson, addressed the Town Commission with regard to the comments. Following substantial discussion of the matter, the Town Commission directed that Senior Planner Park address as many .issues as possible (the more difficult issues should be set aside for further review by the Town Commission) and report to the Town Commission at a scheduled Workshop Meeting on August 15, 1989 at 9:34! A.M. The Town Commission directed the Town Manager to meet, prior to the scheduled August 15 Workshop Meeting, with Senior Planner Jim Park and Dr. E. Wetzel of J. M. Montgomery (Town Engineers) to determine the needs to be met relative to the Potable Water Element of the Comprehensive Plan. Mayor Boulay recessed this Workshop Meeting at 3:15 P.M. to conduct the scheduled Special Meeting. At 3:20 P.M., Mayor Boulay reconvened the Town Commission Workshop Meeting. 89.9 Status of Solid Waste Authority Recycling Legislation Town Manager Mariano advised the Town Commission that there was no new information regarding the status of the Solid Waste Authority Recycling Legislation. The Town Manager noted that a copy of "Recycling Times" (Florida Business & Industry Recycling Program) will be placed in the Commission Room at Town Hall where it may be reviewed by the Commission Members. 89.10 Drexel Property/Proposed Construction of Basin with Bulkhead and Piers With regard to the request involving the Drexel Investment Property, Town Attorney Sliney advised that, as directed by the Town Commission, he met with Drexel Attorney Deuschle in early June and related the Town Commission's feeling that Drexel should review this property. After conferring with his client, Attorney Deuschle was to contact Town At- torney Sliney. To date, Attorney Sliney has not heard from Attorney Deuschle. Town Commission Workshop Meeting Minutes • July 25, 1989 Page 5 of 7 89.11 _Discussion re Highland Ocean Associates (Royal Highlands/Teron International) Attorney Sliney noted that this matter involves two parts: the first part was the proposed settlement ordinance discussed earlier in this meeting; the second part is the actual settlement agreement regard that parcel. The Town Attorney further noted that he and his associate, David K. Friedman, met with Highland Ocean Associates Attorney Schulman who will redraft a proposed settlement agreement which will be transmitted to the Town Commission upon receipt. MISCELLANEOUS - ITEMS LEFT OVER Engineering Report re Reverse Osmosis A recommendation made by the Water Resources Advisory Board that the Town pursue a study and cost analysis submitted by J. M. Montgomery Engineers was discussed earlier in this meet- ing during the Comprehensive Plan review. As directed by the Town Commission, Town Manager Mariano will meet with Senior Planner Jim Park and Dr. Ed Wetzel of Montgomery Engineers with regard to this matter. • Status of Building Development in Town Receipt of the Status of Building Department Development in Town, submitted by the Building Official, was noted. Minutes for approval at the August Regular Meeting Commissioner Stewart suggested several amendments to the minutes to be submitted for approval at the August Regular Meeting of the Town Commission. REPORTS - TOWN COMMISSION Mayor Joseph A. Boulay Mayor Boulay noted that, relative to Mrs. Dodd's public comments made earlier in this meeting, the matter of permit fees will be an Agenda item for the August Workshop Meeting of the Town Commission. Vice Mayor John J. Basso No report Commissioner Doris R. Rome • Absent - no report Town Commission Workshop Meeting Minutes • July 25, 1989 Page 6 of 7 Commissioner Marvin A. Waldman Commissioner Waldman had no report. He did comment, Town Commission should give serious consideration to permit fee schedule in order to help all buildings in required to install fire sprinklers. Commissioner Betty Jean Stewart No report REPORTS - TOWN ATTORNEY however, that the the matter of the Town that are Town Attorney Sliney stated that all matters were covered under other reports during this Workshop Meeting of the Town Commission. REPORTS - TOWN MANAGER Town Manager Mariana reported on the status of pending Town projects. Regarding bids for removing the Australian Pine Trees behind Town Hall, the Town Manager reported that only one bid was received; additional proposals are being solicited and an report will be submitted by the Town Manager at the August Workshop Meeting. Information regarding the • tabulation of the park survey will also be available at the August Workshop Meeting. Town Manager Mariano refuted a statement attributed to her in an article that appeared in the Palm Beach Post on July 14, 1989 with regard to widening the bike path. After reviewing the subject of a public pay phone with Police Chief Cecere, the Town Manager recommended that same be located at the South- east corner of the Library Building. There was no objection from the Town Commission to the recommended placement of this phone. Commis- sioner Stewart requested that research be done as to the need of the installation of a security light in the area of the public phone. The Town Manager will obtain further information and report back to the Town Commission. Town Manager Mariano acknowledge receipt of a Resolution from the Village of Palm Springs, Florida, supporting the establishment of rules, regulations and safeguards to protect the American Flag from desecra- tion. A Resolution to that effect will be prepared for the August 1 Regular Meeting of the Town Commission. Town Manager Mariano reported that she is in the process of reviewing the Town's permit fee schedule and will meet with the Town Attorney and Building Official in regard to this matter. The Town Manager advised that more information will be submitted for the August Workshop Meeting • of the Town Commission. - ~ ,' ' . Town Commission July 25, 1989 Page 7 of 7 Workshop Meeting Minutes With the agenda items having been addressed, Mayor Joseph A. Boulay adjourned the Workshop Meeting of the Town Commission at 3:40 P.M. APPROVED: • Jos~ph~ A. Boulay, Mayor ohn~l/. 'Basso, Vice Mayor (Absent) Doris R. Rome, Commissioner ruin A. Wal an, Commissioner __.~, Be y Jean Stewart, Commissioner ATT T: ~ 4 Date• 1f~0~~°I --r •