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1989.08.29_TC_Minutes_Workshopt { TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, August 29, 1989 1:30 P.M Mayor Joseph A. Boulay called the Workshop Meeting of the Town Commission 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. Also present were Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Deputy Town Clerk Doris M. Trinley, and members of the general public. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA. The Agenda was amended as follows: A. Budget Transfers listed as Item 4 under the Town Manager's Report was moved for discussion along with Item 89.3 (4), inasmuch as they are related items. B. Item 89.11 was moved for discussion along with Item 89.3 (1), as they are related items. C. Item 89.12 was deleted from the Agenda, inasmuch as no information was received with regard to the Chambers' satellite dish. It was further noted that this matter is still under review by the Code Enforcement Board. D. The Minutes of the July 25, 1989 Special Meeting were added to "Minutes For Approval at September Regular Meeting". A question arose as to whether this inclusion would be taken care of if the July 27, 1989 Minutes were in fact a typographical error. This Item will be clarified prior to the Regular Meeting when all Minutes are submitted for approval. Upon MOTION by COMMISSIONER ROME/COMMISSIONER WALDMAN, the Agenda was ADOPTED as amended. All Commissions voted AYE. 89.1 Public Comments and Requests: Michael Dent, resident of Casuarina, congratulated the Town Com- mission for the use of breast microphones. Mr. Dent also ex- pressed his opinion that the Town pursue the upgrading of the bicycle path rather than the construction of a Town Park behind Town Hall, due to potential security problems. Mr. Dent also expressed his opinion that the Agenda Action Report be utilized ,' f Town Commission Workshop Meeting Minutes August 29, 1989 Page Two of Eleven Pages for mailing to residents in lieu of a newsletter being reviewed and approved by the Town Commission. 89. 2 Boards and Committees: The Agenda noted that one Alternate Member vacancy exists on the Community Appearance Board. No correspondence from the Boards and Committees was noted. 89.3 Proposed Ordinances and Resolutions: 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 3~ OF THE CODE OF HIGHLAND BEACH, FLORIDA, TO ALLOW SETTLEMENT OF LITIGATION; PROVIDING FOR APPROVAL OF SETTLEMENTS BY RESOLUTION AFTER PUBLIC HEARING PROVIDING FOR EXCLUSIVE JURISDICTION OVER SUCH SETTLEMENTS BY TOWN COMMISSION; PROVIDING FOR A METHOD OF JUDICIAL REVIEW; PROVIDING SEVER- ABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICT RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Under discussion, Commission Stewart requested that in Section 14.1 (c) clarification be made as to the number of required ad- vertisement be included. It was the general consensus that the word "once" be added to the sixth line of said section, between the words "advertised" and "in a newspaper". Commissioner Stewart further requested that the Town be required to post the subject property for a period of thirty (30) days prior to any action being taken on same. Commissioner Rome objected to this con- sideration inasmuch as temporary signs would have a tendency to fall into disrepair easily and felt that the Town was giving notice of any such actions in several formats, making such posting unnecessary. It was the consensus of the remaining Commissioners that the posting requirement not be considered at this time in- asmuch as the subject Ordinance was initiated in order to accom- plish the Highland Ocean Associates settlement, however, such proposal may be considered as an amendment to the Ordinance at a later date. This consensus was reached after recommendation by the Town Attorney. This proposed Ordinance will be the subject of a Special Meeting to be held later this date at 4: U0 P.M. i Town Commission Workshop Meeting Minutes August 29, 1989 Page Three of Eleven Pages Also discussed at this time was the following Resolution: RESOLUTION APPROVING SETTLEMENT AGREEMENT ENTITLED "RECLARIFICATION OF SETTLEMENT STIPULATION" BETWEEN THE TOWN OF HIGHLAND BEACH AND HIGHLAND OCEAN ASSOCIATES LIMITED PARTNERSHIP, A FLORIDA LIMITED PARTNERSHIP AND REGARDING THAT CERTAIN PARCEL OF PROPERTY LOCATED EAST OF STATE ROAD Al-A BETWEEN BEL AIR DRIVE AND BEL LIDO DRIVE AND DESCRIBED AS TOWN LOTS 20 THROUGH 28 EAST. This Resolution, along with the Reclarification, Architectural Design Standards and Site Plan were discussed at this time. The Town Attorney noted that the Reclarification of Settlement Stipulation bearing the draft date of August 23, 1989, was that under consideration at this point. The Town Commission looked through those amendments, made from the previous document sub- mitted, which included the Site Plan descriptive information on Page 2, a clarification on height allowable on Page 4, and language contained on Page 6, which clarifies the Town's position with regard to recorded easements held by property owners. Fur- ther, attorney Sliney noted that with regard to Section 7 of the Reclarification, language would be added to clarify the fact that no refunds would be given by the Town for credit actually used by the owners. Further with regard to the proposed Reclarification, Section 5, the language binding the agreement for a period of five (5) years from the date of final approval and termination of any appeals was discussed. After substantial discussion, it was the consensus of the Town Commission that the five (5) years should be followed by a two (2) year extension at the option of the Town Commission, and thereafter if no building permits have been issued, the Town would have the option of rezoning the property to a zoning classification that would allow no more than fourteen (14) single family homes. Mutually approved language in this regard will be submitted prior to the proposed adoption of this Resolution scheduled for a Special Meeting, to be held this date at 4:00 P.M. Commissioner Rome further expressed her opposition to the word "optional" appearing on alternate Site Plan A, referring to the beach access easement. Attorney Schulman, representing Highland Ocean Associates, noted that Commissioner Rome's objection was valid, as such word would be omitted from the Plans prior to their approval. It was further noted that Plans. had been submitted this date which had been sealed under the architect's signature. The Plans submitted this date will be • reviewed by the Building Official prior to the 4:00 P.M. Special Meeting to assure that no further changes were made. { Town Commission Workshop Meeting Minutes August 29, 1989 Page Four of Eleven Pages With regard to the Architectural Design Standards, Commissioner Stewart requested that the first line on Page 4 be clarified to read that all construction lot signage must be approved by the Town. Further on Page 5, language will be added to note that owners shall comply with Xeriscape and irrigation guidelines established by Highland Beach. On Page 6 with regard to exterior lighting, a clause shall be added to assure the owner will confirm with Town Ordinances with regard to the protection of sea turtles. With regard to Drawing A-3, the word "maximum" will be removed from the site data regarding buildable area of lot. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 9, ENTITLED "ELECTRICAL CODE", SECTION 9-3, ENTITLED "SCHEDULE-ELECTRIC PERMIT FEES", SPECIFI- CALLY REPEALING MUNICIPAL FEE REQUIREMENTS FOR FIRE SPRINKLER SYSTEMS. This proposed Ordinance was moved to the September Regular Meeting Agenda for First Reading. 3. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF • THE TOWN OF HIGHLAND BEACH, FLORIDA, CHAPTER 29, ENTITLED "WATER SYSTEM", SECTION 29-11, ENTITLED "BILLING DATES, DELINQUENT BILLS, DISCONNECTION" This Ordinance was moved to the September Regular Meeting Agenda for First Reading. 4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING ORDINANCE NO. 565, WHICH APPROPRIATED FUNDS FOR FISCAL YEAR 1988, WHICH BEGAN OCTOBER 1, 1988 AND WILL END SEPTEMBER 30, 19$9. This Ordinance was moved to the September Regular Meeting Agenda for First Reading. Also as a part of the proposed amendments to the 1988 budget, five (5) budget transfers previously recommended by the Financial Advisory Board were submitted. Clarification was offered with regard to said transfers, after which same were moved to the September Regular Meeting Consent Agenda for approval. 5. A RESOLUTION APPROVING A TRANSFER OF CONTROL OF CENTEL CABLE TELEVISION COMPANY OF FLORIDA TO ADELPHIA COMMUNICATIONS CORP. Present representing Adelphia Communications Corp. were Michael Tammaro, attorney and James Rigis, Vice President. Representing • Town Commission Workshop Meeting Minutes August 29, 1989 Page Five of Eleven Pages Centel Cable Television Company were Del Hanley, Vice President and Rick Peluso. It was noted that the Financial Statement of Adelphia Communication had been placed in the Town Commission office for information. There were no objections expressed to the proposed transfer, however, the Town Commission expressed their hope that maintenance services, as well as the expansion of avail- able channels would be considered by the new franchise holder. It was also noted that Adelphia would retain the same office and the same phone numbers for convenience of the transition. 6. RESOLUTION AUTHORIZING THE ENTERING INTO OF THE INTERLOCAL GOVERNMENT AGREEMENT WITH PALM BEACH COUNTY FOR THE COLLECTION OF ITS IMPACT FEES, PURSUANT TO SECTION 1.3 OF THE PALM BEACH COUNTY CHARTER. The August 18, 1989 Memorandum of the Town Manager was noted. This Resolution was moved to the September Regular Meeting for consideration and possible adoption. 7. RESOLUTION OF THE TOWN OF HIGHLAND BEACH a URGING THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY TO EXTEND THE LOCAL- OPTION TAX ON MOTOR FUELS AND SPECIAL FUELS. This Resolution was moved to the September Regular Meeting Agenda for consideration and possible approval. 87.4 Discussion re Newsletter: After recommendations to change several items on the masthead of the September/October Newsletter, same was directed to be mailed. 88.4 Hidden Harbor - Requesting exemption from Dune Walkover Ordinance: A request for an exemption from the Dune Walkover Ordinance for the East side property owned by Hidden Harbor was moved to the Regular Meeting for action. It was noted that said exemption may be granted inasmuch as there currently is no traffic generated on the undeveloped lot. The Town Manager suggested that any approval given for an exemption have a statement that such exemption would only be valid until such time as any development occurs on the lot. The receipt of a requested Mitigation Monitoring Report was ac- • knowledged with Mr. Schaeffer, Vice president of Hidden Harbor, Town Commission Workshop Meeting Minutes August 29, 1989 Page Six of Eleven Pages being commended for his efforts in this regard. The information contained in the Mitigation Monitoring Report with regard to the DER Monitoring requirements will be used on the status of building development in Town for clarification, as will information regard- ing monitoring report schedules. 88.12 Centel Cable Discussion re Fencing: A proposed letter releasing Centel Cable Communications from a lease requirement to install fencing around the perimeter of that utility was discussed. The letter which will serve a~ an addendum to the lease agreement also reserves the Town's rights to require landscaping at whatever time the Town deems appropriate. It was the consensus of the Town Commission to move this item to the Consent Agenda of the Regular Meeting. 88.9 Status of Solid Waste Authority Recycling Legislation: With regard to the status of Solid Waste Authority recycling legislation, the Town Manager noted that this item would be taken up at a meeting of the condo managers to be held on September 13, 1989. 89.13 Discussion re 89/90 FY Budget: A discussion of the 1989/90 Fiscal Year Budget was scheduled for discussion on September 8, 1989 at 3:00 P.M., prior to a 5:01 P.M. Public Hearing on the Budget scheduled for the same date. 89.10 Drexel Property Proposed Construction of Basin with Bulkhead and Piers: With regard to a June request by Drexel Properties for the pro- posed construction of a basin with bulkhead and piers, it was noted that information requested of Drexel Properties had not been received, although this item had been carried on the Agenda since June. The Town Attorney was directed to write a letter to Drexel Properties indicating that inasmuch as no further correspondence has been received from Drexel Properties, this item will be dropped from the Agenda, as the Town feels that Drexel's interest in this request has ended. 89.14 Discussion re Plam Beach County Fire/Rescue Service Contract_ It was noted that the the Town's Interlocal Agreement with Palm Beach County Fire/Rescue Service Contract expires on September 30, 1989. A new proposed Contract was submitted to the Town Com- mission for consideration, along with a Memorandum from the Y. e ) Y Commission Workshop Meeting Minutes August 29, 1989 Page Seven of Eleven Pages Town Manager dated August 14, 1989. It was the consensus of the Town Commission that the Interlocal Agreement be amended to pro- vide those provisions as outlined in the Town Manager's Memo- randum, which included those items incorporated in the current Agreement by letter of former Mayor Horton dated August 16, 1984, as well as a provision holding the Town harmless from any liability occurring within the building being occupied by the Palm Beach County Fire-Rescue Department. An adopting Resolution, along with the revised Interlocal Agreement, will be submitted to the Town Commission and placed on the September Regular Meeting Agenda for consideration and possible adoption. During discussion of this item, Commissioner Stewart expressed concern with regard to the abusive use of the easement across from the Fire Station by off duty personnel, their families, friends, and dogs. Although it was the consensus that such problem should not be addressed within the Interlocal Agreement, the Town Manager will write to Chief Brice requesting directives be given to his employees to alleviate this situation. It was also noted that the recorded easement given to the Town by Drexel Properties, which included the provision of a gate and lock had not been complied with. The Town Manager noted that the Town Attorney was currently investi- gating this situation and would have a report on same at an early date. MISCELLAL3EOUS, ITEMS LEFT OVER: 1. Addendum to Reverse Osmosis Engineering Study. The Addendum to the reverse osmosis engineering study requested by the Town Commission covering the feasibility of placing an RO facility on property behind Town Hall, the cost to install an additional water line beneath the Intracoastal, and a report regarding all environmental concerns associated with an RO project was considered by the Town Commission. The cost for the scope of services under the Addendum is $6,0~fd.g0. This Addendum was moved to the Regular Meeting Consent Agenda for action. 2. Status of Building Development in Town. The monthly Status Of Building Development In Town Report was received as information. 3. Minutes For Approval at September Regular Meeting. The Minutes which will be submitted for approval at the September Regular Meeting were discussed with several proposed amendments being offered by Commissioner Stewart. Town Commission Workshop Meeting Minutes August 29, 1989 Page Eight of Eleven Pages The Workshop Meeting was recessed at 3:50 P.M. in order to hold a Special Meeting and a Public Hearing to consider an Ordinance allowing settlement of litigation as hereinbefore cited, and a Resolution approving the Settlement Agreement and Reclarification of Settlement Stipulation between the Town and Highland Ocean Associates. The Workshop Meeting was reconvened at 4:45 P.M. REPORTS - TOWN COMMISSION: Mayor Joseph A. Boulay. Mayor Boulay reported that at an earlier meeting a letter from the Town of Palm Beach had been received regarding Palm Beach County's proposal of seven (7) single member districts, urging the Town's support of a district being formed along the coast with com- munities having common and unique interests. Mayor Boulay noted that it was too late to take any action supporting this letter inasmuch as the County Commission had acted on this matter this date. Mayor Boulay noted his attendance, along with the Town Manager, at an August 24, 1989 City/County Workshop held in Boca Raton. The Town Manager will be submitting a report to the Town Commission summarizing the Workshop. Mayor Boulay noted that correspondence had been received from the Palm Beach Countywide Planning Council, along with a proposed Environmental Policy designating environmentally sensitive areas. It was noted that the Town Manager had provided a Memorandum and such proposal to the Town Commission requesting that any appro- priate comments be made at the September Regular Meeting in order that the Palm Beach Countywide Planning Council may be advised of the Town's position on this item. Vice Mayor John J. Basso. No report. Commissioner Doris R. Rome. No report. Commissioner Marvin A. Waldman. Commissioner Waldman discussed possible consideration of the upgrading or replacement of the existing bike path. It was the s, Town Commission Workshop Meeting Minutes August 29, 1989 Page Nine of Eleven Pages consensus that inasmuch as such upgrading or replacement would be an expensive capital project, such discussion would be held in abeyance until more information was gathered on what the Town's financial needs would be with regard to long-term water alterna- tives. Commissioner Betty Jean Stewart. Commissioner Stewart reported that Amelie Leng, Planning Board member, had undergone surgery several weeks ago and was recuperat- ing in the hospital. Commissioner Stewart requested that this item be specifically noted in the Agenda Action Report in order that fellow Board Members be advised as to Mrs. Leng's status. Commissioner Stewart also stated her concern as to the Town's Tree Trimming Ordinance and its effect on the Town's historic trees, with particular emphasis on those trees planted by the Greening of Al-A Committee. Commissioner Stewart recommended that the Green- ing of Al-A trees be trimmed only upon specific Town approval, and then only by Town Staff or town-contracted services. Commissioner Stewart will work with the Town Manager to draft a proposed • Amendment to the tree abuse provisions to assure protection of those trees for inclusion on the September Regular Meeting Agenda. REPORTS - TOWN ATTORNEY. With regard to the pending litigation between the Town and Palm Beach County concerning the proposed park on the former Milani property, the Town Attorney was directed to correspond with the County's Attorney regarding settlement discussions which would include reserving the Town's rights with regard to parking items, preservation of Indian mounds and other historic matters located on the property, a limitation of physical structures, limitation of hours of operation of the park, appropriate screening from adjacent residential areas, remuneration for additional police services, if required, as well as discussions regarding the in- stallation of parking meters and the distribution of funds received from such meters. The Town Attorney will pursue this discussion and report back to the Town Commission at an early date. The Town Attorney also gave a status report with regard to the Boca Highlands settlement, reporting that all documents and per- mits had been issued, with the Town awaiting information as to the final closing and transfer of property taking place. Said trans- fer of property is presently scheduled for September 8, 1989. +. -• ~', Town Commission Workshop Meeting Minutes August 29, 1989 Page Ten of Eleven Pages REPORTS - TOWN MANAGER. The Town Manager noted her Memorandum of August 28, 1989, regard- ing bids received for the removal of Australian pines behind Town Hall. Inasmuch as recreation and open space funds have not been allocated for such purpose, this item will be addressed during the budget deliberations. The Town Manager was further directed to obtain an estimated cost of having an updated survey of the Town property drawn for discussion during budget deliberations. The Town Manager reported that pursuant to a request for a public telephone to be located outside the building housing the library, Southern Bell had indicated that such installation would be made without cost to the Town, with a percentage of the revenues being reimbursed to the Town. The proposed phone will be a free stand- ing model with a light. The approval of such installation will be placed on the Consent Agenda of the September Regular Meeting. The results of the recently mailed Town Park Survey were formally presented to the Town Commission. Such results will be taken into consideration by the Town Commission during budget deliberations, as well as at future recreational needs discussions. • A memorandum from the Town Manager regarding a proposed Ordinance increasing garbage and trash rates was submitted to the Town Commission. It was noted that such proposal had been addressed by the Financial Advisory Board and had been recommended for approval by that Board. Such Ordinance will be place on the September Regular Meeting Agenda for First Reading. Commissioner Stewart noted that problems had been reported with regard to habitual missing of Saturday trash. The Town Manager will instruct the Police Department to be observant of this problem on Saturdays and attempt to delay departure of the County Sanitation truck until all trash is picked up. The Town Manager noted receipt of a copy of a letter from the Palm Beach County Traffic Division to Palm Beach County Fire/Rescue Department noting that the installation of the emergency signal in front of the Highland Beach Station may be accomplished prior to the October 1, 1989 Budget Year. The Town Manager noted that a Sun Sentinel newspaper article dated August 22, 1989 regarding a Countywide Plan for bike paths had been distributed to the Town Commission. The Town Manager is awaiting a copy of such Plan, at which time a further report will be given to the Town Commission. The Town Manager noted receipt of a Resolution adopted by the Town • of Mangonia Park requesting the sponsoring of legislation request- ing the Postal Service to afford cities the opportunity to obtain zip codes which conform to their geographic municipal boundaries. Inasmuch as the Town of Highland Beach already has Town Commission ,, ;. ~ , • Town Commission Workshop Meeting Minutes August 29, 1989 Page Eleven of Eleven Pages its own zip code, there was no interest in pursuing the adoption of a supportive resolution. The Town Manager noted receipt of a request from the Tourist Development Council of Palm Beach County for authority to use that office as a film liaison for the purpose of film making within Town limits. The Tourist Development Council was requesting the Town's adoption of a "one stop permitting" policy. It was the consensus of the Town Commission that control over such matters be kept within the purview of the Town and therefore directed the Town Manager to advise the Tourist Development Council of such position. There being no further business to come before the Town Com- mission, upon proper motion, the Workshop Meeting was adjourned at 5: 20 P.M. APPROVED: ~ ~ ,~ Jose,~1 A. ~Bo}~.lay, Mayor l~J ssor Vice .For Doris R. Rc7me, Commissioner ~~ Marvi A. Waldman, Commissioner Bet Jean Stewart, Commissioner '~l AmTEST: 'b ATE: ~~^~., ~2