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1988.02.02_TC_Minutes_Regular,~ ~ . a TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, February 2, 1988 1:30 P.M. A Regular Meeting was called to order by .Mayor Betty Jean Stewart in the Town Commission Chambers at Town Hall. Others in attendance were Vice Mayor Mary Louise G. Blosser and Commissioners John J. Basso, David T. Robinson and Robert F. Scholz. Others present included Town Attorney Thomas E. Sliney; Acting Town Manager Mary Ann Mariano; Deputy Town Clerk Elizabeth L. Kolek and members of the general public. The Pledge of Allegiance was given following roll call. MOTION was made by COMMISSIONER ROBINSON/COMMISSIONER SCHOLZ to adopt the Agenda. This MOTION carried unanimously with favorable votes. Approval of Minutes: The following Minutes were submitted for consideration: December 29, 1987 - Workshop Meeting January 5, 1988 - Regular Meeting January 8, 1988 - Administrative Briefing - 10:30 a.m. January 8, 1988 - Administrative Briefing - 3:00 p.m. January 18, 1988 - Special Meeting Vice Mayor Blosser noted corrections to the Minutes of the January 8, 1988 Administrative Briefing held at 3:04! p.m. MOTION was made by COMMISSIONER BASSO/COMMISSIONER ROBINSON to approve the Minutes as amended. This MOTION carried unanimously with favorable votes. Public Comments and Requests: Mr. Ed Riess of Seagate stated that he was speaking on behalf of the concerned citizens of Highland Beach regarding the property to the north of Seagate (Lot 1411 West). Mr. Riess expressed concers regard- ing the setback being 17' rather than 20'; the loading zone being proposed for the south side of the property causing problems with trucks, noise, garbage and unsightliness; and drainage overflow which he felt would come on to the Seagate parking lot. Mr. Riess asked if the developer would consider moving the loading zone to the north side of the property. Mr. Riess further expressed a concern as to the safety of residents and felt that a wall should be built between the two properties. Mr. Michael Dent of Casuarina stated that it was his opinion that the Town Commission should advertise in order to have more choices in the selection of a new Town Manager. Mr. Dent also expressed his opinion Town Commission Regular Meeting • February 2, 1988 Page 2 of 10 that the Police Advisory Board is necessary and should be continued by the Town. Mr. Dent further expressed his view that the Vice Mayor should try to stay on the Town Commission if she felt that there were things left undone that she might be able to assist in. Mr. Albert Bevilacqua of the Police Advisory Board stated that he felt the Police Advisory Board served a useful purpose and objected to the way that the Town was attempting to discontinue the Board. Mr. William Paul of Russell Drive stated that he objected to Town personnel being subjected to public debate. Mr. Paul further stated that he had observed the Acting Town Manager, both as a Town Commis- sioner and as a member and Chairman of the Code Enforcement Board and feels that the Town Commission should appoint her on a permanent basis. Mr. Jose Echeverria of Russell Drive requested a copy of the Beaches and Shores Reports that the Mayor has received. Mr. Echeverria also expressed his opinion that he felt the Acting Town Manager was ex- tremely capable and felt that the Town Commission should promote from within. . A formal presentation of the 1986/87 Fiscal Year Audit was then made to the Town Commission by Mr. Bernard Tinkoff of Coopers and Lybrand. Mr. Tinkoff is a Managing Partner and Engagement Partner with Coopers and Lybrand. Mr. Tinkoff commented that there were only minor infrac- tions found which had been noted in the management letter, however, none of these had any effect on the financial statements. Mr. Tinkoff recently met with the Financial Advisory Board who jointly reviewed the audit report and recommended acceptance. Mr. Tinkoff also stated that the computer system allowed a smooth transition. Mayor Stewart thanked Mr. Tinkoff for the presentation and for his comments. REPORTS - TOWN COMMISSION: MAYOR BETTY JEAN STEWART - Mayor Stewart reported that she has received a letter from the Florida Inland Navigational District (FIND), dated January 28, 1988, offering one parcel of their surplus property in Town to the Town, at no cost for a conservation area. It was noted that there were two FIND par- cels in Town, however, either of them should be acquired if possible. Mayor Stewart recommended that the Town Commission support accepting this property because the alternative could be that the state could sell it to a developer. After some discussion, the consensus of the Town Commission was to seek to acquire the property. A letter will be sent to FIND of the Town's intent. ' Town Commission Regular Meeting February 2, 1988 Page 3 of 10 Mayor Stewart reported that at the January 11, 1988 Palm Beach County Beaches and Shores Council Meeting, much discussion took place re- garding the verbiage in the proposed Dune Line Ordinance to help pro- tect the dunes in the County. The ordinance was sent back to commit- tee for rewrite. A status report regarding the general design memor- andum for the State of Florida was given earlier in that meeting. Mayor Stewart stated that she has material available for anyone who is interested. Mayor Stewart gave a report of the recent South County Council of Governments Meeting on 1/6/88. Members present felt that the new Countywide Planning Council may have powers that infringe upon the Comprehensive Plans of the communities and objected to this County control. More information will be forthcoming on an American Assembly for South County cities, planned for the near future. COG Audit and Financial Reports were received at the meeting. Mayor Stewart referred to the safety feature that was to be installed on the barrier island of the Hidden Harbor property as discussed at the 1/26/88 Workshop Meeting. Bruce Sutherland stated that Mr. Cook (with Hidden Harbor) assured him it will be done, but nothing has been done to date. Mayor Stewart announced that Mr. Allerton of United Way has invited the Commissioners to a breakfast on February 24, 1988, at the Holiday Inn. Reservations are needed by Mr. Allerton from those interested. VICE MAYOR MARY LOUISE G. BLOSSER - No report COMMISSIONER JOHN J, BASSO - Commissioner Basso referred to the Financial Advisory Board Minutes of 1/25/88 regarding late payments on overdue water bills and asked how many accounts were outstanding. Acting Town Manager Mariano stated there were 8-10 overdue water bills in mid-December which have not been followed up properly in the past. Mrs. Mariano stated that she has drafted a letter, which will be sent by certified mail, stating late charges, disconnecting of water, and other fees incurred. Since the Town is now on a 2 month billing period, this process may take up to 120 days. After some discussion, it was the consensus of the Town Commission that an Ordinance will be drafted to reduce the 30 day period to 5 days, for late payments, for the February 23, 1988, Workshop Meeting. COMMISSIONER DAVID T. ROBINSON - No report COMMISSIONER ROBERT F. SCHOLZ - Commissioner Scholz reported that he received a letter from a Town resident, dated 1/27/88, requesting a public pay telephone in the Town 'Town Commission Regular Meeting • February 2, 1988 Page 4 of 10 Hall vicinity for the convenience of residents. Presently, the nearest public telephone is located at the Holiday Inn. This matter will be discussed further at the February 23, 1988, Workshop Meeting. REPORTS - TOWN ATTORNEY Attorney Sliney noted that depositions will be taken regarding the Boca Hi matter. This matter is not on the March trial docket. Attorney Sliney will update the Town at a later date as to expert witnesses. REPORTS - TOWN MANAGER Acting Town Manager Mariano.. reported that she is gathering informa- tion from the staff regarding the South Florida Water Management District Permit which is due to expire in 1989, since the process takes 3-5 months. Mrs. Mariano will be resuming the Condo Managers Meetings beginning on February 16, 1988. Mrs. Mariano reported that 60~ of the tree removal around Town Hall is • completed and that Mangus Nursery should begin the Xeriscape Project by the middle of next week. BOARDS AND COMMITTEES The vacancy on the Code Enforcement Board was discussed. MOTION was n-ade by COMMISSIONER BASSO%JICE MAYOR BLOSSER to appoint Lowell Blum to the Code Enforcement Board. All Commissioners voted AYE. With regard to the vacancy on the Planning Board due to the resigna- tion of Chris Bartlett, MOTION was made by COMMISSIONER ROBINSON/ COMMISSIONER BASSO to appoint Arthur Keller as a Regular Member of the Planning Board, conditional upon his resignation from the Community Appearance Board. The MOTION carried 4-l, with Vice Mayor Blosser voting NAE. The upcoming vacancy on the Financial Advisory Board was discussed. MOTION was made by COMMISSIONER ROBINSON/COMMISSIONER BASSO to appoint George Harbin to the Financial Advisory Board. All Commissioners voted AYE. Upon further discussion, MOTION was made by COMMISSIONER ROBINSON/COMMISSIONER BASSO to appoint George Harbin to the Financial Advisory Board, effective March 1, 1988, conditional on his resigna- tion from the Board of Adjustment. All Commissioners voted AYE. Mayor Stewart noted that vacancies still exist on the Community Ap- pearance Board and the Board of Adjustment. 'Town Commission Regular Meeting February 2, 1988 Page 5 of lU After some discussion, MOTION was made by COMMISSIONER BASSO/VICE MAYOR BLO5SER to appoint Jane Rayner to the Board of Adjustment. All Commissioners voted AYE. PROPOSED RESOLUTIONS AND ORDINANCES: 1. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA PROPOSING THAT THE GOVERNING BODIES OF THE INTRACOASTAL WATERWAX LIMIT BOAT SPEEDS TO THIRTY FIVE MILES PER HOUR BY PASSING AN ORDINANCE SETTING THIRTY FIVE MILES PER HOUR AS THE LEGAL, ENFORCEABLE LIMIT OF SPEED BY ALL BOATS ON THE INTRACOASTAL WATERWAY WITHIN THE TOWN OF HIGHLAND BEACH LIMITS. i U The Resolution was read in its entirety by the Deputy Town Clerk. Vice Mayor Blosser asked how the 35 mile per hour speed was decided. Commissioner Robinson stated that the Boca Raton neighbors on the Intracoastal supported the 35 MPH speed for boats. Commissioner Robinson noted that the State Legislature has approved a 30 MPH boat speed for Broward County. After some corrections and additions to the Resolution, MOTION was made by COMMISSIONER BASSO/COMMISSIONER ROBINSON to adopt the Resolution with the corrections. All Commis- sioners voted AYE. Mayor Stewart noted that a Town resident offered the Town Commission- ers use of a boat to view the barrier island on the Hoffman tract and, if any Commissioners are interested, this should be arranged through the Town Manager. 2. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AUTHORIZING THE ENTERING INTO OF A CONTRACT BETWEEN THE TOWN OF HIGHLAND BEACH AND JAMES M. MONTGOMERY, CONSULT- ING ENGINEERS, INC. Ed Wetzel was present to answer any questions regarding James M. Montgomery, Engineers. After discussion, MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER BASSO to adopt the Resolution. All Com- missioners voted AYE. 3. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REQUESTING THAT THE STATE LEGISLATURE UTILIZE CERTAIN OF THE FUNDS IN THE STATE GOVERNMENTS TO ASSIST IN MEETING THE REQUIREMENTS FOR INFRASTRUCTURE AS SET FORTH IN SECTION 163.3177, FLORIDA STATUTES, RELATIVE TO REQUIRED COMPREHENSIVE DEVELOPMENT PLANS; AUTHORIZING THE TOWN CLERK TO FURNISH COPIES OF THIS RESOLUTION TO THE LEGISLATIVE DELATION OF PALM BEACH COUNTY, THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, THE MUNICIPALI- TIES WITHIN PALM BEACH COUNTY, THE GOVERNOR AND CABINET OF Town Commission Regular Meeting 'February 2, 1988 • Page 6 of 10 THE STATE OF FLORIDA, THE PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES; PROVIDING AN EF- FECTIVE DATE; AND FOR OTHER PURPOSES. After discussion and minor corrections, MOTION was made by COMMIS- SIONER BA5S0/VICE MAYOR BLOSSER to adopt the Resolution as corrected. All Commissioners voted AYE. ITEMS LEFT OVER: 1. Water: Response to letter from Boca Raton (dated 1/7/88) The draft letter was reviewed and minor additions made. MOTION was made by COMMISSIONER BASSO/VICE MAYOR BLOSSER to forward this letter to James Rutherford, Manager, with copies to each member of the Boca Raton City Council. The MOTION passed with no objections. 2. Van Duren/Chernalis request for site plan approval. Mayor Stewart read a memo from Building Official Bruce Sutherland which stated the Planning Board and the Community Appearance Board had approved the site plan and recommended that the Town Commission also give its approval. After some discussion, MOTION was made by COMMIS- . STONER ROBINSON/COMMISSIONER SCHOLZ to accept the site plan for the Van Duren/Chernalis duplex. The MOTION passed unanimously with favorable votes. 3. Gee and Jenson request: Acting Town Manager Marigno cited a report submitted to the Town Commission, with input from the Finance Department. After some discussion, MOTION was made by COMMISSIONER BASSO/COMMISSIONER ROBINSON to approve amendment to the Gee and Jenson Contract in the amount of $11,000. for traffic and beach conservation studies. The MOTION passed with no objections. 4. Discussion re. Lot 101-W, Concordia Investments, Inc. Philip Colman (Concordia Investments, Inc.) introduced his representa- tives: Architect Paul Twitty of Schwab and Twitty; Stan Brown of Team Landscaping, associate of Schwab and Twitty; Project Manager Mike Everett; Arnold Chane of Chane, Inc.; Attorneys Patricia Silver and Ellen Sue Venzer. Mr. Colman stated thatthis is the fourth time he is meeting with the Town Commission regarding Lot 101 West and asked for site plan approval. • Town Commission Regular Meeting February 2, 1988 Page 7 of 10 Mayor Stewart stated that since the last meeting with Mr. Colman, she has met with Bruce Adams of South Florida Water Management District (SFWMD), gave him copies of the plan and both had walked the site. Mayor Stewart is presently waiting for SFWMD to reply to some ques- tions as to the water needs on the site. Mayor Stewart stated that on Friday {1/29/88) she and three Community Appearance Board Members walked the site with Mr. Colman and Mike Everett, including some Seagate residents. No agreements, no resolutions, and no decisions were made. Note was taken of trees which were measured. This meeting was posted. Attorney Patricia Silver stated that Concordia wanted to resolve any comments and concerns expressed. Attorney Silver noted that the setbacks at sides were those used by the Building Official and should be applied. The setbacks used were also in the Zoning Book purchased on lg/13/87, and that several other permits have been issued by the Town based on the same book. She would like to see this resolved in a fair and equitable manner. Attorney Silver stated that the Villa Nova project had been approved with the same Zoning Book. Referring to Mr. Riess' comments at the beginning of the meeting, Mr. • Colman stated that there was a misunderstanding of the loading area and that this area would only be confined to the use of large furniture movers on few occasions and is required by the Code for access by large vans. The dumpsters would be located on the North side of the building. Mr. Colman also stated that the logical side for the loading was on the South side where it would not disturb anyone. When Vice Mayor Blosser stated that the Code must be adhered to, Ms. Silver aid that this matter of the side setbacks was an inadvertent accident and asked for suggestions. She stated that to redo the whole process would be abusive and would not be fair to Mr. Colman. Ms. Silver felt four months was sufficient time for the Town Commission to make a decision and that the purpose today was to secure site plan approval. Ms. Silver stated that there are Courts for confrontations. Attorney Sliney stated that the Town Commission can approve or deny the site plan or make modifications as deemed appropriate. Attorney Silver said they are willing to discuss desired modifications. At this time, Mr. Brown displayed a landscaping overlay of the site plan with additional landscaping that included additional new trees on the Southwest corner of the property, which screens the back corner and the Northwest corner will have plantings compatible with the ecosystem, including 3 inches of mulch. Sabal Palms, Silver Button- • wood, Wax Myrtle, Cocoplum, Seagrapes, and ground covers will fill in the area, which is on the West side of the site and was brought up at the last meetings. >. ' Town Commission Regular Meeting February 2, 1988 Page 8 of 10 Vice Mayor Blosser and Commissioner Robinson felt some sort of security fence would be desirable between the South neighbors. Mr. Colman stated that it would be no problem to create a barrier and agreed to install a cinderblock wall, solid upt to 1-1/2 feet and lattice to the top either to 5 or 6 feet, as desired. The matter of proper drainage was discussed, which will be handled by the architects and engineers when construction drawings are prepared, The parking decks will have internal drains. Mr. Chane said the soil drainage is the same as Villa Nova and they have had no problems. Mr. Chane stated that perculation tests will be conducted and drainage would meet South Florida standards. Vice Mayor Blosser asked the Building Official how high the building will be from the crown of A-1-A, excluding antennas and the parapet. Mr. Sutherland stated the height would be 80' to the top of the roof, which is the standard way to measure. This excludes mechanical and elevator enclosures. Commissioner Robinson asked the Town Attorney what he thought regard- ing the setbacks. Attorney Sliney stated that the site must be looked at as a whole, modifications can be considered and something could be • worked out. Mr. Colman stated that the West area of the site, which was of much concern at the last meetings, has now been addressed in a proper man- ner with additional landscaping. Mayor Stewart felt that Sabal Palms, Seagrapes, etc., could not be used in low water areas near Mangroves on the North, West and South of the property and stated that she would ask for a recommendation from the Department of Environmental Regula- tion. Attorney Silver stated they had no intention to interfere with Mangroves or DER regulations. At 3:20 P.M. a recess was called by Mayor Stewart. Upon reconvening the Regular Meeting at 3:45 P.M., Paul Twitty stated that existing specimen type trees along A-1-A will possibly be saved and that five trees presently in the oriental garden area can be saved. Paul Twitty also stated .that they are committing to the following: will eliminate one paved parking spot and save two trees, will make every effort to save a Buttonwood Tree in front of the building, will save seven ( and possibly eight) trees now in place and will not move them and have a security barrier to save the roots. He stated that trees in the driveway have to be moved. Mayor Stewart requested that five of the largest trees be saved and Paul Twitty identified these as Black Olives with Two in the Northeast corner being Mimusops. i ° Town Commission Regular Meeting February 2, 1988 Page 9 of 10 Mr. Brown stated that it was not yet decided where trees will be held after moving, but will be where they will be most protected as per directions of the contractor. Mayor Stewart asked that the moved trees be root pruned, but after Mr. Brown explained the new methods of tree spading and that the success rate is 98$ due to the root ball remaining in place and eliminating air pockets, Mayor Stewart withdrew her objection to tree spading. Attorney Sliney stated that additional items agreed to should be indicated on the plans so there is no question as to what was agreed to when building. MOTION was made by COMMISSIONER BASSO/COMMISSIONER ROBINSON to approve the site plan as submitted, with the following additional items: 1. Trees - 7 to 8 trees to be saved, in place; 5 largest Black Olives in oriental garden, 2 Mimusops in North- east area of survey. 2. Security fence to be installed on South side (solid concrete block up to 1-1/2' with lattice concrete block to top) . • 3. Three foot code side setback discrepancy (17 feet instead of 20 feet) serves no precedent as to the East side property (Lot 101-E). A roll call vote was taken. The Mayor along with Commissioners Basso, Robinson and Scholz voted AYE, with Vice Mayor Blosser voting NAE. The MOTION carried 4-l. 5. Discussion/decision re. appointment of Town Manager Vice Mayor Blosser stated that she had reviewed the thoughts from the last meeting. VICE MAYOR BLOSSER/COMMISSIONER BASSO then made a MOTION to promptly initiate the advertisement and selection process for a new Town Manager, that the application in hand from Mr. Proctor be reconsidered at that time, and that applications from current employees, specifically the Town Clerk, meeting the job qualification requirements be considered. Vice Mayor Blosser and Commissioner Basso voted aye. Mayor Stewart and Commissioners Robinson and Scholz voted nae. The MOTION failed. Commissioner Robinson then addressed the Town Commission and noted his feelings that Mrs. Mariano already possessed the qualifications to be appointed Town Manager on a permanent basis. Commissioner Robinson cited his relationship with Mrs. Mariano as a Town Commissioner and member and Chairman of the Code Enforcement Board as a basis for his position on the issue. COMMISSIONER ROBINSON/COMMISSIONER SCHOLZ then made a MOTION as follows: 'Town Commission Regular Meeting February 2, 1988 Page 10 of lf~ "The Town Commission hereby authorizes the Mayor of the Town to execute a Resolution, hiring the Acting Town Manager, Mary Ann Mariano, to be Town Manager at a salary of $34.756 per year. This appointment will come before the Town Commission at the end of six months for a qualifying review as supplied by the Mayor to the Commission." During discussion, Mayor Stewart noted that any review of the Town Manager should be done by the Town Commission as a whole in public session and not just the Mayor. Commissioner Robinson and Commissioner Scholz accepted an amendment to the MOTION to eliminate the words "as supplied by the Mayor to the Commission". The vote was then taken on the MOTION with the Mayor and Commissioners Basso, Robinson and Scholz voting aye. Vice Mayor Blosser voted nae. The MOTION carried 4-l. There being no further business to come before the Town Commission at this Regular Meeting, same adjourned at 4:15 p.m. • ATTEST: ~---~ ,~ ~ OWN CI,FRK DATE: ( ~~....~: APPROVED: Bett Jean Stewart, Mayor 'Ma wise Blosser Vice Mayor ~~ J hn J ss Com 'ssioner ~~ ~ ~ --~ vid T. Robinson, Commissioner ~-----~ .-- ~- Robert F. Scholz, Commissione t ~~ y ~ L~ . 6! •