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1988.10.25_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesda October 25,.1988 1:30 P.M. The Workshop Meeting of the Town Commission 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, Commis- sioners Robert F. Scholz, Doris R. Rome and Marvin A. Waldman. Also present were Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Building Official Ed Hardy, Deputy Town Clerk Anne M. Kowals and members of the general public. ADDITTODIS, DELETIONS OR ACCEPTANCE OF AGENDA After moving the Hidden Harbor item to a position following Public Comments and Requests, the Agenda was adopted as amended by the Town Commission, without objection. 88.1 None. 88.4 Public Comptents and Requests Hidden Harbor Status Attorney Lee Worsham, representing Broadview Savings Bank, and his associates Neal Janov, Roy Schaffer and Richard Cook, were present to discuss the Hidden Harbor Project. Attorney Worsham noted that Roy Schaffer's letter of 10/14/88, which sets out the completion of the dredge and fill work, was in response to James Barry's (Department of Environmental Resource Management) letter of 10/7/88. Attorney Worsham noted that their letter of 10/14/88 agreed to all the points in Mr. Barry's letter of 10/7/88, and Hidden Harbor, in order to conform, is in agreement to performing all those points. Attorney Worsham advised that they represent Broadview Savings Bank who is an active partner; and, they have the right to represent the Hoffmans for obtaining the permits. The Town Attorney noted that, assuming an agreement is reached, the Town would want independent verification that Hoffman would sign an agreement. In a discussion regarding the removal of Australian Pines on the Hidden Harbor site, Mr. Paul Davis of the Palm Beach County Department of Environmental Resources noted that in the letter of 10/7/88 (which was actually drafted by Mr. Davis and signed by Mr. Barry} he was only speaking of the Pines immediately adjacent to the mitigation area; he did not consider the rest of the Pines in the area. Town Commission Workshop Meeting Minutes October 25, 1988 Page 2 of 6 The Town Commission requested that Building Official Hardy visit the site and, with the assistance of a Hidden Harbor associate (or Paul Davis), stake out the areas where elevation is of concern. Following lengthy discussion regarding the Hidden Harbor Project, Attorney Worsham and his associates agreed to the Town Commission's request that Attorney Worsham provide a written statement by Friday noon (October 28, 1988) specifying what work was intended to be done on the site and the time schedule for such work. In summary, the Town Commis- sion requested that the Building Official (1) examine the agreement and examine the areas for compliance and note in writing to the Town Commis- sion the discrepancies in a list for each area; (2) establish a priority list for unfinished work (days to complete). The Town Commission briefly discussed a 'Penalty Bond for Completion'. This matter will be readdressed at the November 1, 1988, Town Commission Regular Meeting. 88.2 Beards and Committees Mayor Stewart noted that Code Enforcement Board Member Joseph W. Sieff's term is due to expire in November,. however, Dr. Sieff is eligible for reappointment to this Board for another three year term. 88.3 Proposed Ordinances anc3 Res©lutons 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE FOLLOWING SECTIONS OF THE TOWN CODE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, TO WIT: CHAPTER 3, ENTITLED "AIR CONDITIONING CODE", SECTION 3.6, ENTITLED "PERMIT FEES FOR INSPECTIONS", CHAPTER 9, ENTITLED "ELECTRICAL CODE", SECTION 9-3, "SCHEDULE - ELECTRIC PERMIT FEES" CHAPTER 7, ENTITLED "BUILDINGS", SECTION 7.1.1 ENTITLED "AMENDMENTS TO STANDARD BUILDING CODE (SECTION 107.4) PROVIDING FOR PERMIT FEES; CHAPTER 19 ENTITLED "SAME - AMENDMENTS, DELETIONS AND ADDITIONS" (SECTION 106.3.) "SCHEDULE OF PERMIT FEES"; PROVIDING FOR AN EFFECTIVE DATE. Mayor Stewart noted that this proposed Ordinance requires more research by the Town Attorney, Town Manager and the Mayor. This matter may be readdressed at the Regular Meeting of the Town Commission on November 1. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 30, SECTIONS 4.6 (E) (11) , 4.5 (E) (11) AND 4.4 (E) (11) TO ELIMINATE THE INCREASE IN BUILDING HEIGHT PERMITTED IN THE RMH, RMM AND RML-2 DISTRICTS WHERE A PARKING STRUCTURE IS LOCATED THROUGHOUT THE AREA BENEATH THE PRINCIPAL BUILDING. The proposed Ordinance was read by title only by Mayor Stewart. This • matter will be the subject of a Public Hearing/Special Meeting on Tuesday, November 1, 1988, at 5:01 P.M. 3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR UTILITY RATES, FEES, AND/OR CHARGES SPECIFICALLY AMENDING HIGHLAND BEACH CODE SECTION 11-13 OF CHAPTER 11 RELATING TO GARBAGE AND TRASH CHARGES. Town Commission Workshop Meeting Minutes October 25, 1988 Page 3 of 6 Mayor Stewart read the proposed Ordinance by title only. Same will be on the Agenda for possible adoption at the November 1, 1988, Regular Meeting of the Town Commission. 88.20 Royal Highlands - Teron Pro arty Attorney Donald Reed of Boca Raton, representing the Bank of Nova Scotia who are the new owners by foreclosure of the Teron Property, stated that the main purpose for their appearance at this Regular Meeting of the Town Commission was to request the re-issuance of the building permits on that property. Attorney Schulman, also representing the Bank of Nova Scotia, noted that the water and sewer fees of $150,~IP1~J for the property have already been paid and they do hope the Town will renew the building permits pursuant to the terms of the existing agreement. Attorney Schulman stated they are present today ready, willing and able to pay, and, if necessary, they will proffer the fees; they are ready to move and get the property going. Town Attorney Sliney noted that he would like to review the terms of the existing Agreement. Following that review, Attorney Sliney will render • a written opinion to the Town Commission. Mr. T. Holdroyd, representing the Bank of Nova Scotia, noted that the money was lent to William Teron for the acquisition of the property only. Mayor Stewart noted that the Town Commission wants to look into this matter and reschedule same. It was further noted that the Town Commission may consider this matter at the November 1, 1988, Regular Meeting. 88,18 Discussion re Board Notebooks Mayor Stewart noted receipt of the Planning Board Notebook presentation and their recommended changes with regard to the Planning Board duties. The Town Commission Members requested copies of the Planning Board Notebook and proposed changes to Chapter 3P! of the Zoning Code as submitted by the Planning Board. The Mayor advised that a Meeting scheduled for November 3, 1988 at Board of Adjustment Notebook will Also noted was that the Community on Thursday of this week at which finished. with the Board of Adjustment was which time it is expected that the be completed. Appearance Board is scheduled to meet time their Notebook should be Town Commission Workshop Meeting Minutes October 25, 1988 • Page 4 of 6 The Financial Advisory Board is meeting in November and it is expected that their Notebook will be completed shortly. It was noted that copies of the various Board Notebooks will be placed on the Clipboard in the Commission Office at Town Hall where the Commis- sioners may review same. It was further noted that it may be necessary to schedule a Special Workshop Meeting regarding these Board Notebooks. REPORTS - TOWN COMMISSION: Mayor Betty Jean Stewart Mayor Stewart noted that two vacancies exist on the Water Resource Advisory Board. The Town Commissioners were requested to seek out residents for the purpose of serving on this Board which permits or allows for five Members. Mayor Stewart reported that arrangements for the Boards Luncheon scheduled for November 15, 1988, at the Holiday Inn, have been completed. It was noted that a letter giving full particulars re the Luncheon was mailed to each Board Member with a request that all responses be phoned into the Town Clerk's Office. It was. requested that the Town Commissioners also submit their responses to the Town Clerk's • Office. Vice Mayor John J. Basso No report. Commissioner Robert F. Scholz No report. Commissioner Doris R. Rome No report. Commissioner Marvin A. Waldman Commissioner Waldman had no report; however, he questioned if the over- all plans for the Hidden Harbor Marina show any buildings. The Town Attorney explained that the State issued permits (for dredging the Intracoastal area and mitigation) and the Town was bound by the State permits regarding this matter; it is going forward without any specific agreement as to what is ultimately going to be built on that property. REPORTS - TOWN ATTORNEY • Attorney Sliney noted that the only action at the present time is the Town Commission Workshop Meeting Minutes October 25, 1988 • Page 5 of 6 'Discovery' being done by Broadview; there are various depositions and much documentation on this matter. The Town Attorney advised that 'Discovery' on other matters will not take place until the end of the year as those matters are scheduled for trial in 1989. When Mayor Stewart questioned how the Town would handle Peter Ince's request to have all papers pertaining to the West side Property in the Byrd Beach Section, which he purchased, transferred to his name, the Town Attorney advised that such matter could be a policy decision of the Town Commission. Attorney Sliney noted that the matter under discussion relates to the four (4) single family lots that are South of the William Frederick home at the North end of Highland Beach. The Town Attorney advised the Town Commission that he will review the files on this matter for consideration at the Regular Meeting of the Town Commission on November 1, 1988. REPORTS - TfJWN NIANAGLR The Town Manager reported that the THM Project is continuing to operate smoothly; the interim well is in operation and, at the request of the Health Department, some testing is being repeated. It was noted that • the repeated testing is a formality required by the Health Department prior to issuance of their final approval. Town Manager Mariano noted that the 1988/89 Budget has. been published and distributed with all requirements for submission to the Property Appraiser and the Department of Revenue having been met. The Town Manager reported that the tree trimming and re-striping of the Town Hall areas was completed. It was noted that the Town's Xeriscape was entered in the Municipal Leagues City Innovations and we have been receiving requests from various cities for copies of our Ordinance. The Municipal League is also responding to requests for copies of our Xeriscape Ordinance. Town Manager Mariano advised that the Police Department will be engaged in a "First Responder" course on November 10, 1988. This program will be open to all interested persons for a $10. fee. The Town Manager informed the Town Commission that the Building Official and Mr. Paul Davis of the Palm Beach County Department of Environmental Resources Management had just returned from the Hidden Harbor site where they staked out the areas involving elevation concerns. Town Manager Mariano also informed the Town Commission that Building • Official/Code Enforcement Officer Hardy issued a notice of violation Town Commission Workshop Meeting Minutes ,.October 25, 1988 Page 6 of 6 to Mr. Holdroyd, representing the Bank of Nova Scotia, covering the condition of the Royal Highlands (Teron) Property. There being no further business to come before the Town Commission at this Workshop Meeting, Mayor Stewart adjourned same at 3:57 P.M. APPROVED: Bet Jean~Stewart, Mayor J. $~s~e,-3Lice Mayor _~ Robert Sch lz, mmiss~ er Doris R. Ro e, Commissioner 1+'a in A. Waldman, Commissioner ATTES DATE: