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1988.01.26_TC_Minutes_Workshop `"~ , ~, TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, January 26, 1988 1:30 P.M. A Workshop Meeting of the Town Commission was called to order at 1:30 p.m. by Mayor Betty Jean Stewart in the Town Commission Chambers at Town Hall. Others present were Vice Mayor Mary Louise G. Blosser and Commissioners John J. Basso, David T. Robinson and Robert F. Scholz. Also present were Town Attorney Thomas E. Sliney; Acting Town Manager Mary Ann Mariano; Deputy Town Clerk Elizabeth L. Kolek and members of the general public. MOTION was made by COMMISSIONER BASSO/COMMISSIONER ROBINSON to re- arrange Items 2, 4, and 5 under the Town Managers report to earlier in the meeting. All voted aye and the MOTION carried unanimously. 88.1 Public Comments and Requests: Mr. Michael Dent of Casuarina stated that he felt the Town should take action as soon as possible in advertising for a new Town Manager. Mr, Dent also requested information with regard to the status of the Town's water problems. • 88.2 Boards and Committees: Vacancies on the Police Advisory Board, Code Enforcement Board and Financial Advisory Board were noted. Talent Bank Applicant Jane Rayner was present and was interviewed. Mrs. Rayner had served 6 years on the Financial Advisory Board. Vice Mayor Blosser asked whether the Police Advisory Board would ~on- tinue to be in existence with only one member. Chief Cecere was pre- sent and noted that due to the limited duties of the Board, he felt that the continuation of the Board was unnecessary. 88.3 Proposed Ordinances and Resolutions: A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ESTABLISHING "ZONING IN PROGRESS", SUSPENDING THE ISSUANCE OF BUILDING PERMITS AND THE GRANTING OF SITE PLAN APPROVAL ON ALL PROPERTIES WITHIN THE TOWN EXCEPT EXCEPTIONS HEREINAFTER SET OUT. Mayor Stewart read a memorandum from the Planning Board noting that at a Special Meeting of that Board, a Motion was unaimously adopted to pass a Resolution establishing "Zoning in Progress". The Planning Board submitted this Resolution to the Town Commission for their consideration and possible action. Attorney Sliney stated that the Resolution was drawn up due to the water problems and other factors in c ~ .. Town Commission Workshop Meeting • January 26, 1988 Page 2 of 10 conjunction with the mandate of the state to revise the Comprehensive Plan, feeling it would be appropriate to pass a "Zoning in Progress" Resolution. This Resolution may be adopted at a Special Meeting scheduled for later this afternoon. Commissioner Robinson felt that the 7th paragraph regarding a quote from the Palm Beach Post which states "Highland Beach is a disaster waiting to happen" due to the water pressure of fire hydrants has since been retracted because it had been quoted out of context. It was the consensus of the Town Commission to delete this paragraph from the Resolution. REPORTS - TOWN MANAGER (moved on agenda) 2. Discussion of Annual Departmental Reports: (All Department Heads were present) Mayor Stewart stated that comprehensive yearly reports were received from all of the Departments of the Town for 1987, and asked if anyone had any questions or comments. All reports are available at Town Hall for members of the public. Town Clerk Department - Mayor Stewart summarized the work of the Town Clerk Department which included 144 meetings held by Town Boards, minutes, meeting notices and advertisements as well as an abundance of other public services performed. Finance Department - The Finance Department was commended for all their efforts and diligence in providing all information requested for the Financial Advisory Board and the Town Commission regarding financial matters. Utilities Department - It was noted that the Utilities report cited all water testing done. It was noted that although there are tests run for contaminents annually, there were contaminent tests which were only re- quired every three years. It was the consensus of the Town Commission that yearly testing should be done on all contaminents yearly. Jack Lee noted that these additional tests would cost approximately $600-$700. Vice Mayor Blosser questioned the status of the Town Bulletin, citing the fact that information regarding water was usually forwarded to the residents by use of The Bulletin. Mayor Stewart stated that copies of the Agenda Action Report for both the Workshop and Regular Meetings were being made available to Town residents in the Town Hall lobby and at the Library which would give more current information to those in- terested. Further, Commissioner Scholz stated that the residents would be informed when the new ammonia system is on line by individual mail- ings. The Town Commission expressed their appreciation for the good work done by the Utilities Department. Police Department - The Police Department annual report was reviewed. The Police Department was commended on their increase in arrests and fines. Chief Cecere noted that additional miscellaneous duties per- formed by the police can be obtained from the daily logs at the Police Town Commission Workshop Meeting • January 26, 1988 Page 3 of 10 Department. Building Department - Mr. Sutherland stated that all signs in the Town are currently in compliance with town codes, with the exception of Edgewater Townhouses, which sign was on the Community Appearance Board Agenda for consideration. Mr. Sutherland further noted that there are presently 187 units under construction. 4. Discussion re retention of Town Engineers: Acting Town Manager Mariano stated that in her memorandum of January 19, 1988, the Town Attorney was asked to review the agreement for the retention of the new Town Engineers. Attorney Sliney stated that the agreement was a basic standard agreement, but that the Town Commission might want to consider terms of termination being included. Attorney Sliney suggested that a 30-60 days notice be given by either party to terminate the agreement. A three year period of not testifying for adverse parties to the Town has been added as an additional clause. Mr. Ed Wetzel, principal engineer and office manager for James Montgomery, Engineers, was present and stated that most of the terms were the same as in the agreement with the Town's former engineers. He also stated • that his firm works exclusively with municipalities and does not have any developer clients. Mr. Wetzel also stated that he had no problem with a 90 day termination clause. Mr. Wetzel stated that there were two (2) parts to the agreement, one relating to basic consultation and the other relating to engineering tasks based on specific scopes of service. It was also noted that members of the engineering firm might be required to serve as expert witnesses on the part of the Town. After some discussion and wording changes, Acting Town Manager Mariano stated that a Resolution will be prepared for the Regular Meeting Agenda on February 2, 1988 with possible action taken on the revised agreement. Mr. Wetzel stated that he would have a copy of the revised agreement back to the Town by the end of the week. 88.4 Hidden Harbor Project: Mr. Sutherland, Building Official, reported that the permit on the Hidden Harbor Project expired on November 30, 1987. A Notice of Violation was issued and had expired, after which a Citation was issued. This Citation will be heard by the Code Enforcement Board on February 17, 1988, who will issue an Order and may ultimately impose a fine of $250.0R! per day for each day work continues without a permit. Communi-cation with the representatives has been difficult since Mr. Janov, the project engineer, has been away on vacation. The owners are presently awaiting an Army Corps of Engineers permit which would grant a 15 day extension. Regardless of this fact, the owners are still in violation inasmuch as they are continuing to work without a valid Town permit. Mr. Sutherland stated that Mr. Bell of M and M Excavating ~, Town Commission Workshop Meeting . January 26, 1988 Page 4 of 1P! expects to receive the ACOE permit any day. M and M have been doing drainage and excavating in the lagoon due to slippage of the soil on the east end of the lagoon. Commissioner Robinson felt that the developers have totally disregarded the agreement with the Town. It was noted that an north-south road had been constructed interfering with the natural tidal flushing of the mangroves along AlA which was called for in the agreement. Mr. Bell informed Mr. Sutherland that the road was constructed pursuant to an agreement between Broadview and Mr. Hoffman for access to the south property. Commissioner Robinson noted that the barrier island was totally under water and was a hazard to boaters and felt it was a serious problem which should be taken care of immediately by the owners. Liability of the Town was discussed, but it was determined that it was the state's responsibility and that they should be notified. Mr. Sutherland stated that he will call the property authorities immediately to advise them of this hazard and that some sort of marker should be installed. Attorney Worsham stated that 901% of the permitted work is complete on the site. Attorney Worsham also stated that follow-up work as required by DER must be done to finish the project. The subject road was approved as part of the DER permit, with Attorney Worsham contending that the present flushing culvert work was required by a letter of the • Building Official dated January 201, 1988. Attorney Worsham further stated that this was the first he had heard about a dangerous situation regarding the barrier island and that the island is not in the boating channel. The height of the island is the height specified by the DER. Dick Cook, representing Hoffman, agreed that the island is dangerous and is not marked except for manatee signs, and stated that the island is only submerged during high tides. Mr. Cook stated that the island is all rock with a dirt top. Mr. Cook further noted that 13,P1010 tons of rock had been hauled in and placed on the East shoreline. It was noted that such rock was not provided for in the Town's Agreement. A large clump of mangroves at the north end were preserved and not taken out but needs additional dredging. Bruce Sutherland, Building Official, made a correction for the record that the letter of January 2g cited by Attorney Worsham did not mention any installation of a culvert. Mayor Stewart also stated that this was not in the written agreement. Mr. Cook stated that a culvert was the only way to comply with the flushing action. Mayor Stewart stated that additional research would be done on this project. 88.5 Request by TGI Group, Inc. (Teton Property) The Acting Town Manager noted that information had been given to the Town Commission previously regarding this request. Mr. Vincent of Arvida Corporation, and Mr. Zeppola and Mr. Crikenberger of TGI Group were present to determine if the Town would be interested in their proceeding with a proposal to acquire and develop the Teron property. Mr. Zeppala stated that a meeting is scheduled on January 29, 1988 with Lorenz Schmidt of Teton International who will accept their Letter of Intent if offered. Mr. Zepalla stated that density would be proposed Town Commission Workshop Meeting • January 26, 1988 Page 5 of 10 from a minimum of approximately 90 units to a maximum of 105 units. It was noted that the present approved density on this site is 130 units. Mr. Zepalla noted that his firm was presently building in Boca Grove and would design a building to please the Town. They would still propose two buildings in their design with amenities in the middle. Mr. Zepalla stated that they would use 9 foot ceilings in their plans resulting in less floors, but using the same height as presently allow- ed. Mayor Stewart stated that the present stipulation agreement calls for substantial completion by November of 1988 which would require TGI Group to request an extension. Mr. Zeppala asked whether the Town Commission felt that he could gain all board approvals necessary within 4-5 months. Commissioner Robinson noted that the time frame requested was somewhat ambitious. Attorney Sliney noted that the plans would have to go before the Planning Board, Community Appearance Board with the Town Commission issuing the final approval. Mayor Stewart noted that this property presently has the worst erosion problem in Town and further questioned how the site would be able to accomodate the pro- jected traffic, all of which should be considered. Questions such as the treatment of the existing easements, as well as the decrese of the footprint of the building were of concern to the Town Commission. No commitments were given to Mr. Zeppala on this project. • 88.6 Discussion re Appointment of Town Manager (requested by the ~ Vice Mayor) Vice Mayor Blosser felt that since the position of Town Manager is now filled in an Acting capacity, the Town Commission should decide as to how to fill the position, feeling that the Town should advertise to provide options for appointment. Commissioners Robinson and Scholz both felt that the Acting Town Manager, Mrs. Mariano, has the background and knowledge to qualify her for the position on a permanent basis and that she should be given this opportunity on a 6 month probationary basis. Commissioner Basso felt that other options should be studied and that the Town should choose from from several applicants. Mayor Stewart, Commissioner Robinson and Commissioner Scholz questioned the expenses involved in a professional search, including advertising and travel expenses for interviews, etc. Vice Mayor Blosser stated that she had submitted an application from a former applicant which should be con- sidered. Commissioner Robinson stated that the applicant the Vice Mayor referred to had very short job spans in past positions. Mayor Stewart stated that the former Town Manager's salary was $35,000 and with fringe benefits came to $44,000 and felt that a high salary would have to be offered if the position were advertised. Mayor Stewart asked that the Vice Mayor submit a financial determination to ascertain where additional monies could be obtained to proceed with advertising etc. This matter will again be addressed under 'Items Left Over' at the Regular Meeting of February 2, 1988. Town Commission Workshop Meeting January 26, 1988 Page 6 of 10 88.7 Request by Van Duren/Chernalis for site plan approval Bruce Sutherland, Building Official, stated this was a request for a duplex and had received site plan approval from both the Planning Board and the Community Appearance Board. It was the consensus of the Town Commission to discuss this further with possible action taken under Items Left Over at the Regular Meeting of February 2, 1988. REPORTS - TOWN MANAGER (moved on agenda) 5. Discussion re proposals for tree removal behind Town Hall: Acting Town Manager Mariano stated that she had walked the site with each of the companies who had submitted proposals for the removal of Austrailian Pines on the Town Hall property. Trees will be used for mulch in the Town's Xeriscape project ans will be used almost immediat- ely after being stored at the rear of the Town Hall property. Mrs. Mariano stated that if mulch was purchased, 2" coverage would cost $3,300 with 3" coverage costing $4,950 for the project. The area along the south border of the driveway will be left in a natural state and not replanted at this time. Bryans Tree Service, the lowest bidder at a cost of $5,150.00, proposes to do the work in 3-4 full working days. It was noted that the proposal from Bryans was almost half as much as the next closest bidder, however, Attorney Sliney noted that he did not have any problems with the bid as submitted. Action on this matter may be taken at the Special Meeting scheduled for later this day. TOWN COMMISSION REPORTS: Mayor Betty Jean Stewart - With regard to a letter dated January 7, 1988 from the City of Boca Raton regarding the Town's request for the purchase of water, it was the consensus of the Town Commission that a reply be sent as soon as possible. Such letter will indicate that the Town is in the process of retaining new engineers, who will be instructed to analyze the matter and communicate with the Boca Raton engineers as suggested by Mr. Rutherford, Boca Raton City Manager. This letter will be drafted and reviewed at the February 2, 1988 Regular Meeting. Mayor Stewart noted that additional work is needed regarding the pro- posed 40 hour work week for employees, as per the January 19, 1988 re- commendation of the Financial Advisory Board. This matter will be scheduled for discussion at the March Workshop Meeting. Vice Mayor Mary Louise G. Blosser - • Vice Mayor Blosser felt that in regard to agenda policy, requested items should be submitted to the Town Manager before being placed on the Agenda by the Town Clerk. Attorney Sliney stated that the Code . Town Commission Workshop Meeting January 26, 1988 Page 7 of 10 states that the Town Clerk is responsible for the Agenda, but that if it were the desire of the Town Commission, a new policy could be estab- lished through amendment. Mayor Stewart stated that although it .was the responsibility of the Town Clerk to establish the agenda, she had been meeting with the Town Clerk and Town Manager to assure complete- ness of items on the agenda. Commissioner Robinson noted that items could still be discussed at a Workshop Meeting even though they were not listed on the Agenda. The Vice Mayor was asked to submit any amendments to the Code which she would propose in time for discussion at the February Workshop Meeting. Commissioner John J. Basso - No report. Commissioner David T. Robinson - Commissioner Robinson stated that he has contacted other municipalities and received some support regarding the speed issue along the Intra- coastal Waterway. He stated that the State Legislature had approved a 30 mile an hour speed for the ICWW throughout Broward County. Comm- • issioner Robinson further stated that he had contact with neighbors in Boca Raton across the ICWW who would concur with a 35 mph speed limit in order not to take away their rights to water ski. Commissioner Robinson felt that this was a step in the right direction and noted that the state is considering increasing boat registration fees at the present time but there is limited enforcement due to the problem of liability. Presently, the Department of Environmental Regulation can set standards. It was the the consensus of the Town Commission to discuss this matter further with possible action on a Resolution being taken at the February 2, 1988 Regular Meeting. At this time a recess was taken in order to hold a Special Meeting. Upon re-convening the meeting, the following items were taken up: REPORTS - TOWN ATTORNEY: Attorney Sliney reported on pending litigation. Regarding the Hoffman property, a Motion to Dismiss was denied and a Complaint will be answered. Regarding the Boca Hi case, depositions are still in progress and the Town Attorney is preparing the case for trial. No date has yet been set for trial of this matter. • Town Commission Workshop Meeting January 26, 1989 Page 8 of 14~ REPORTS - TOWN MANAGER: 1. Status of pending Town Projects: Mrs. Mariano reported that the interim well expects to be operational by late February/early March. The THM project should be operational by late February/early March after a final certification is given by the Health Department. Mangus Nursery expects to begin the xeriscape project at the Town Hall site by the end of this week. Regarding the Bel Lido Bridge Project, the principals involved will meet Wednesday morning, January 27, 1988 with regard to the funds being withheld by the Town. The Town Auditors, Coopers and Lybrand, will present the audit to the Town Commission at their February 2, 1988 Regular Meeting. 2. Discussion re proposed ordinance to require trimming of bike path: • Mrs. Mariano noted that there are code sections to enforce the trimming of the bike path which will be used and letters sent to offending pro- perties. Mayor Stewart also cited Charter Section 8.6 with regard to this matter. 3. Gee and Jenson request of 1/4/88: Mrs. Mariano requested direction regarding Gee and Jenson's request for an additional $11,PJf6~ for traffic and coastal management studies. An additional grant is expected, however, it will not cover all of this amount. It was the consensus of the Town Commission to discuss this matter at the February 2, 1988 Reqular Meeting. Mrs. Mariano will provide additional financial information as to the status of this account. 4. Discussion re preliminary/final site plan review process: The Town Commission concurred in the Planning Board's recommendation that preliminary and final plans should be discussed at two separate meetings of the Planning Board. Mrs. Mariano will forward a memorandum to the Planning Board supporting this procedure. 5. Proposed Resolution re utilization of the 6th cent sales tax: A Resolution requesting that the 6th cent of sales tax be used to off- set infrastructure costs mandated by state in the requirement of review Town Commission Workshop Meeting • January 26, 1988 Page 9 of 10 of Comprehensive Plans will be tailored to the Town and discussed further at the February 2, 1988 Regular Meeting. Infrastructure, with regard to the Town will include, but not be limited to Utilities. 6. Discussion re request for beach markers: Mayor Stewart stated that the expected information has not yet been re- ceived, however, on further discussion, the Town Commission felt that the Town would have to take on too much liability to discuss this matter any further. 7. Discussion of Community Appearance Board recommendations re Xeriscape Ordinance: The possibility of exempting voluntary compliance to the Xeriscape Ordinance for developed properties from Board fees was tabled for the present time. It was noted that the Town would be in a better position to address this after the Town's xeriscape project was in place which could be used as a means to urge voluntary compliance. Xeriscape prin- cipals will be discussed at the next Condominium Managers Meeting. • Acting Town Manager Mariano then stated that Mr. Colman has requested that the Town Commission review both the east and west side plans for Lots 101 at the Regular Meeting to be held on February 2, 1988. In order that the Town Commission have time to review the plans, it was the consensus of the Town Commission to review only the plans for Lot 101 west at the February 2, 1988 Meeting with the plans for Lot 101 east being placed on the February Workshop Meeting Agenda. Mrs. Mariano announced that the next Municipal League Meeting will be held on January 27, 1988 with additional information available on the clipboard. Acting Town Manager Mariano announced that qualifying for the positions of Vice Mayor and Town Commissioner began at noon today and would run until noon on Tuesday, February 9, 1988. There being no further .business to come before the Town Commission, the Workshop Meeting adjourned at 4:50 p.m. APPROVED: Bet Jean Stewart, Mayor ,~~ ary L ise G. Blosser Vice Mayor + M, .. • Town Commission Workshop Meeting January 26, 1988 Page 10 of 1P1 Jq~n , Basso, ssloner // ", ,. avid T. Robinson, Commissioner Robert E. Scholz, Commissione