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1988.06.28_TC_Minutes_Workshop2 _~ TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, June 28, 1988 1:30 P.M. A Workshop Meeting of the Town Con-n-ission was called to order by Mayor Betty Jean Stewart in the Commission Chambers at Highland Beach Town Hall at 1:30 P.M. Others present were Vice Mayor John J. Basso, Con-- missioners Doris R. Rome, David T. Robinson and Robert F. Scholz. Also in attendance were Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Building Official Bruce Sutherland, Deputy Town Clerk Anne M. Kowals, Boca Hi Developer Ton- Delaney and n-en-bers of the general public. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA: With many residents in the audience representing an area in Town that was to be discussed under Agenda Iten- 88.14, the Town Commission moved, without objection, Item 88.14 to a position following Item 88.1 (Public Comments and Requests) to be followed by Item 88.12. 88.1 Public Comments and Requests: • None. 88.14 Discussion re Boca Hi "B" and "C" Sites: Mr. Thomas Delaney, developer of Boca Hi, addressed the Town Con-n-ission and advised that the purpose of his request to come before the Members was an atten-pt to open a dialogue, between the Town of Highland Beach and Boca Hi, leading to a resolution of the law suit presently in the Palm Beach County Court. Mr. Delaney requested that the Minutes of this Meeting reflect the fact that his words and actions are directed toward compromise and, as such, are not ad~-issible in court. Town Attorney Sliney noted that anytin-e son-e one is making a proposal for a proposed settlen-ent, anything that is said is not adn-issible by either party; con-ments made, at this n-eeting, by either side can not be used in litigation. Mr. Delaney advised the Town Commission that the Boca Highland Center is the Master Association at Boca Hi and n-any of the issues the Center wishes to resolve are interwoven with the final resolution of the "B" and "C" Sites. Mr. Louis Kraft, former Highland Beach resident, acting as Mediator for the Boca Highland Master Association, and Mr. Delaney held n-any meetings which resulted in an agenda; the principal iten-s • discussed were: (quoted from tape) Town Commission Workshop Meeting Minutes • June 28, 1988 Page 2 of 7 1. The North Gate (the North way into Boca Hi) - Presently, Boca Hi owns that land and the improvements; the Center wishes title to pass through it with a new gatehouse and landscaping program redone. 2. Mr. Delaney's Office and Model - The Center would like to acquire this facility for use by the Center. This 7,~J00 sq. ft. facility would serve a variety of internal purposes. 3. The Marina License - Boca Hi has built the marinas in Boca Highland, deeded them to the Center and operates them under a license agreement. 4. The Beach house Property - The Center wishes to acquire the remaining beach front land for expansion of the recreational facilities, the expansion of existing club facilities. A preliminary plan for such expansion has been prepared by a land planner. The Center would like to see the improvements constructed and con-pleted sin-ultaneously with the "B" and "C" Sites. 5. Finally, documentation and releases - an attempt to establish • a peaceful completion of Boca Highland. Mr. Delaney stated that his view is that the matter deserves resolution and sensible people should reach a sensible resolution; I turn to you for your collective wisdom to construct son-e kind of a n-echanisn- capable of producing reconut~endations while taking into account the many factors that are present. Should the establishment of such a mechanism require fundings, Boca Hi is willing to pay its fair share. Continuing, Mr. Delaney advised that it is his hope that we would seek a reasonably detailed solution that would put natters to permanent rest; and, he is prepared to work towards that end. Town Attorney Sliney noted that inasmuch as Mr. Delaney requested to come before the Town Comtt-ission, the Attorney was looking for some sort of a proposal; the Town, as an open forum, is willing to hear whatever proposal Mr. Delaney may present. It is Mr. Delaney's responsibility, as a plaintiff, to suggest what he thinks he would like to do. Following discussion, it was noted that, in order for Mr. Delaney's proposal to be considered at the July 26, 1988, Town Comtt-ission Workshop Meeting, Mr. Delaney must submit his request in writing (along with the necessary materials) by noon on July 19, 1988, to the Town Clerk's Office. • It was noted that the Workshop Meeting is the appropriate place to discuss the Boca Hi Matter; and, it was stipulated that it would only be Town Con-n-ission Workshop Meeting Minutes June 28, 1988 Page 3 of 7 a discussion. Mr. Delaney was inforn-ed that his request in writing (including all n-aterials) must be received at Town Hall seven days in advance of a Town Con-n-ission Meeting. At this tine, the Town Commission allowed n-en-bers in the audience to speak in regard to the Boca Hi situation. Those who commented were Mr. Waldn-an, President of Braen-er Isles; Mr. Arbetn-an, resident at Braen-er Isles and Mr. Fink, a Braen-er Isles representative serving on the Center Board. 88.2 Boards and Committees: At this point, Mayor Stewart requested the Town Con-n-ission interview the Talent Bank Applicants, Mr. Selby and Mr. Towner, who have expressed an interest in serving on the Conn-unity Appearance Board. Following a brief interview with each applicant, the Town Con-n-issioners agreed to contact the applicants by phone, if there were any questions, prior to making any appointments. Also noted were the expiration of the terns of Planning Board Regular Men-ber J. E. Ward and Code Enforcen-ent Board Regular Men-ber E. Pearlstein. Both are eligible for reappointn-ent to a three year tern- on their respective Board. The Board vacancies will be considered at the July 5, 1988, Regular Meeting of the Town Con-n-ission. 88.12 Discussion re amendment to Centel Cable Co. Ground Lease: The Town Con-n-ission Men-bers reviewed the Centel Cable Co. Ground Lease Agreement and proposed some n-odifications. Mr. Gan-in, representing Centel Cable Co., advised that he would n-eet with their attorneys relative to the proposed n-odifications to the Ground Lease Agreement, and a revised copy of the Ground Lease Agreement will be subn-itted to the Town Con-n-ission prior to the July 26, 1988, Town Commission Workshop Meeting. In discussing the n-onthly rental fee, it was the consensus of the Town Con-n-ission that Centel's rent should be increased to $250. per month, with a $25. annual incren-ent thereafter. Relative to the cost of paint- ing the water tower, the Town Con-n-ission agreed it should be based on a 44!/60 percentage with the Town's responsibility being the lesser figure. Mr. Gan-in advised he will discuss the financial matters with his super- iors. He will n-eet with Town Manager Mariano before he returns to the • Town Con-n-ission. Mr. Gan-in stated he will subn-it the necessary 1 • Town Commission Workshop Meeting Minutes June 28, 1988 Page 4 of 7 information to the Town Commission by July 18, so that he will be included in the Agenda for their Workshop Meeting on July 26, 1988. 88.3 Proposed Ordinances and Resolutions: 1. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, OPPOSING THE INTRODUCTION OF THE PASSAGE IN THE 1988, FLORIDA LEGISLATURE OF A SPECIAL ACT CREATING A TAXING SPECIAL HEALTH DISTRICT IN PALM BEACH COUNTY, FLORIDA, AND DIRECTING THE TOWN CLERK TO FORWARD TO THE PALM BEACH COUNTY LEGISLATIVE DELEGATION AND TO PUBLIC OFFICIALS AND GOVERNMENTAL ENTITIES A COPY OF THIS RESOLUTION. The proposed resolution was discussed at length. It was the consensus of the Town Conat~ission that the proposed resolution should not be considered any further. REPORTS - TOWN COMMISSION: Mavor Betty Jean Stewart . Mayor Stewart reported on the Beaches and Shores Meeting of June 13, 1988, at which representatives fron- the State cited how the co~ar~unities will be forced to enforce the Turtle Ordinance in regard to lighting on the beaches. The Town Manager noted that the Highland Beach Police Department is aware of the Ordinance and its Police Officers are making every effort to enforce sane. The periodic checks that are made by the Officers are listed on their reports. It should be noted that the residents have been cooperative and have complied by turning off their lights. Vice Mayor John J. Basso Vice Mayor. Basso had no report; however, he did comment that the Steinhardt Property on the West side of A-1-A is in need of a clean up. Town Manager Mariano advised that the matter of the condition of various vacant parcels in Town was discussed with the Maintenance Department Employee and Police Department. When the Police observe a parcel that is in need of attention, they will so advise the Maintenance Department. Town Manager Mariano noted that an attempt is being made to return to the practice whereby the Town will invoice the owners of vacant property where it becomes necessary for cleanup/maintenance services to be per- formed by the Town staff. Town Conm-ission Workshop Meeting Minutes • June 28, 1988 Page 5 of 7 Conut-issioner David T. Robinson No report. Commissioner Robert F. Scholz No report. Commissioner Doris R. Rome No report. REPORTS - TOWN ATTORNEY Town Attorney Sliney reported that there are several Hoffman related cases and a 'Motion to Disn-iss' one of the cases was granted by the judge. Hoffn-an's attorneys have requested a hearing on that matter. Regarding the Boca Hi natter, Attorney Sliney noted that that is in an in-pass position at this time; everything is dormant at the n-on-ent. REPORTS - TOWN MANAGER Town Manager Mariano noted that it was hoped that the Interim Well would be operating at this time; however, the Health Departn-ent advised the Town that certification from CDM Engineers must be subn-itted before the Town is permitted to operate that Interin- Well. Consequently, the Town is experiencing a setback because CDM did not subn-it the necessary certification. Mrs. Mariano will forward a letter to CDM regarding this natter . The Town Manager reported that monies fron- the Road and Bridge Fund will cover the expense of lowering the five manholes (three on Russell Drive and two on Highland Beach Drive) and the cost of seal coating Russell Drive. This matter will be placed on the Consent Agenda for the Regular Meeting of the Town Con-n-ission on July 5, 1988. It was noted that the monies from the cover the cost of beautifying the Bel received fron- Mangus Nursery. It was Sion that the Town Manager seek bids Lido Entranceway from other landscape placed on the agenda for the July 26, Road and Bridge Fund will also Lido Entranceway. One bid was the consensus of the Town Con-n-is- for the beautification of the Bel services. This natter will be 1988, Workshop Meeting. The Town Commission noted the proposed zoning amendment recommendations fron- the Planning Board and a revised Schedule of Steps required for the adoption of the zoning changes from Town Attorney Sliney. It was the consensus of the Town Con-n-ission that the required advertisea-ents be placed for the scheduled Public Hearings on July 13, 1988, at 5:01 P.M. and July 28, 1988, at 5:01 P.M. It was noted that a Special Meeting n-ay be scheduled following the July 28, 1988, Public Hearing in order to } Town Commission Workshop Meeting Minutes June 28, 1988 Page 6 of 7 give second reading to, and adoption of, the proposed zoning amendment ordinances. A first reading, by title only, will be given at the Regular Meeting of the Town Commission on July 5, 1988. Town Manager Mariano noted that the monthly 'Notice of Violation' and Citation list will be on the Town Commission clipboard in the Conut~ission Office. The Town Manager reported that the County Commission denied the rezoning application of Cote D'Azure to commercial designation. Town Manager Mariano advised that the Town's Xeriscape Project was submitted to the Florida League of Cities which is sponsoring a competition on "Innovative" Projects. Town Manager Mariano informed the Town Commission that a conservation element was prepared and submitted to South Florida Water Management District in con-pliance with the Town's water use permit. Town Manager Mariano reported that she has been attending meetings with other n-unicipal officials who are serviced by Palm Beach County Fire/ • Rescue in an attempt to resolve potential problems arising from proposed annexation problems. A one day City/County Workshop that was planned son-e time ago will consist of a format that is to be broken into five separate groups, with each preparing a statement as to what the major issues are, and then regrouping in the afternoon to see what groups came up with the same issues. Town Manager Mariano noted that the budget process is well under way and the Financial Advisory Board will finalize their review at their Meeting on July 12, 1988. It was noted that the fire hydrants at the Steinhardt Property and across from Mayor 5tewart's residence are in need of painting.. The fire hydrants in Highland Beach are n-aintained and painted by the Town as necessary. Town Manager Mariano noted that the n-eetings with the condominium managers will be resuming in the near future. Town Manager Mariano noted that she would be out of Town the week of July 18, 1988. There being no further business to come before the Town Commission, Mayor Stewart adjourned the Workshop Meeting at 4:0fd P.M. C~ • Town Commission Workshop Meeting Minutes June 28, 1988 Page 7 of 7 APPROVED: Bett Jean Stewart, Mayor John Bas , V'c Mayor l° ~ _ . _: / ~~David T. Ro inson, Commissioner Robert h z, Commissi ner Doris R. (tome; Commissioner AT'. Dai C