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1988.11.29_TC_Minutes_Workshop~- l T TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of the Town Commission WORKSHOP MEETING Tuesdav. November 29. 1988 1;30 P.M. Mayor Betty Jean Stewart called the Workshop Meeting of the Town Commis- sion 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 and Marvin A. Waldman. Commissioner Robert F. Scholz was absent. Also present were town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Deputy Town Clerk Anne M. Kowals and members of the general public. ADDITIONS., DELETIONS OR ACCEFTANCE OF AGENDA: The Agenda was adopted as submitted, without objection, upon MOTION by COMMISSIONER ROMEI~IICE MAYOR BASSO. 88.1 Public Comiaents and Requests: Mr. Dominick Conte of 17619 Tiffany Trace Drive, Boca Raton, requested an exception to the Zoning in Progress Resolution which would allow him to construct duplex residences on his parcels on Highland Beach Drive. Mr. Conte's concern is the down-zoning of his properties. The Town Commission directed the Town Manager to write Mr. Conte to invite him to attend the Planning Board Meeting on December 14, 1988, at which time the Board is scheduled to transmit their Comprehensive Plan recommendations to the Town Commission. Mr. Philip Colman, a Highland Beach resident and developer, addressed the Town Commission and reported that his Condo 'Information Sales' signs, which were placed on his vacant parcels, were removed by "some unknown individual(s~ who were misguided and misinformed". The matter was. reported to the Police Department by Mr. Colman. 88.2 Boards and Committees: Mayor Stewart noted the following vacancies exist on the Town Boards: Planning Board - one Regular Member Community Appearance Board - one Alternate Member Water Resources Advisory Board - one Member Relative to the vacancy on the Water Resources Advisory Board, the Mayor encouraged the Town Commission to think of recruiting some resident from the South end of Town. Mayor Stewart acknowledged receipt of a memorandum from John E. Ward, Chairman of the Planning Board, transmitting the proposed Amendments to the Building Department Procedures. A schedule of proposed Public Hear- ing Dates regarding this matter was submitted by the Town Attorney; the Town Commission Workshop Meeting Minutes Novembef 29, 1988 Page 2 of 6 Town Commission will set Public Hearing Dates for these proposed amend- ments at their Regular Meeting on December 6, 1988. Mayor Stewart noted that the Deputy Town Clerk Kowals will be distributing copies of the changes to the proposed Amendments to the Building Department Procedures prior to the Regular Town Commission Meeting for scheduling of the future Public Hearing. 88.3 Proposed Ordinances and Resolutions: 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 7, ENTITLED "BUILDINGS", BY THE ADDITION OF SECTION 7-6 TO BE ENTITLED "WATER AND SEWER IMPACT FEES REQUIRED". Town Manager Mariano noted that this proposed ordinance was given a first reading on November 1, 1988 at which time the Town Commission directed that the fees be inserted into same. The Town Manager noted that it would be redundant to adopt this proposed ordinance and requested that it be withdrawn and it be replaced with a new ordinance relating to the water connection and sewer connection fees. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, • AMENDING SECTION 29-23, SUBSECTION (1) OF THE CODE OF THE TOWN OF HIGHLAND BEACH AS RELATES TO WATER CONNECTION FEES AND AMENDING SECTION 22-1 SUBSECTION (a) OF THE CODE OF THE TOWN OF HIGHLAND BEACH AS RELATES TO SEWER CONNECTION FEES. It was noted that the above is already in the Town Code and said proposed ordinance reflects an increase in the current connection fees. This proposed ordinance will be up for first reading on December 6, 1988 at the Regular Meeting of the Town Commission. 88.18 Discussion re Board Notebooks: The Town Commission reviewed the Board Members Information Notebooks. The Mayor noted that changes to the Planning Board Members Information Notebook were recommended at the November 18, 1988 Workshop Meeting of the Town Commission. The Mayor further noted that there were many good items in the Planning Board's Notebook that the Town Commission wants to add to all the other Board Members Information Notebooks. Mayor Stewart stated that a 'spread sheet' showing each board (and the areas of concern) will be prepared for review by the Town Commission for a final decision. The Notebooks will then be checked for consistency in preparation for adoption by Resolution at a later meeting. • Town Commission Workshop Meeting Minutes • November 29, 1988 Page 3 of 6 88.21 Request for seawall approval (Lot 133 West) submitted by Ince & Hertel Building Corporation: The Town Commission discussed the request for seawall approval submitted by Ince & Hertel for Lot 133 West. It was noted that plans for the seawall are available for review in the Building Department. Building Official Hardy advised the Town Commission that there is nothing unusual about this seawall request and all is in order for their approval. Following the discussion, it was suggested that this matter be moved to the Consent Agenda for the Regular Meeting of the Town Commission on December 6, 1988. REPORTS - TOWN COMMISION Mayor Betty Jean Stewart Mayor Stewart commented on a newspaper article regarding a new county law to phase out billboards in order to rid our highways of unsightly conditions. Billboards will be permitted for eight (8) more years. It • was the consensus of the Town Commission that Mayor Stewart should send a letter of commendation to the Palm Beach County Commission for their recent action relative to this matter. Following a discussion relating to handguns, the concurred with Mayor Stewart's recommendation to public a "Constitutional Amendment Petition Form the Precinct and Congressional District Numbers) provide a mandatory seven day cooling off period and delivery of any handgun. Town Commission make available to the " (which would include for signatures to between the purchase Mayor Stewart recommended that the Town Commission consider the adoption of a Resolution to establish a board for the purpose of holding contri- butions which would be placed in a separate trust fund to be used in the event of disability or fatality incurred by the Highland Beach Police Officers in the line of duty in the Town. Vice Mayor Basso suggested that this matter be discussed with the Town's Auditors to determine how they would want the Town to approach this issue. Town Manager Mariano noted that the Town is required to provide additional life insurance on the Policemen because of the risks involved in their jobs. Mayor Stewart will prepare a Resolution regarding this matter for considera- tion of the Town Commission at their Regular Meeting on Tuesday, December 6, 1988. Town Commission Workshop Meeting Minutes November 29, 1988 Page 4 of 6 The Mayor discussed tree trimming and noted that there is a section in the Xeriscape Ordinance dealing with trimming trees according to the Arbor Association but there is nothing in the Code to require permits for tree trimming on existing properties. Mayor Stewart will propose an ordinance to require permits for the purpose of trimming trees as well as promulgating standards for pruning trees. This proposed ordinance will be ready for a first reading at the December 6, 1988 Regular Meeting of the Town Commission. Vice Mayor John J. Basso No report. Commissioner Robert F. Scholz Absent. Commissioner Doris R. Rome No report. Commissioner Marvin A. Waldman No report. REPORTS - Tt1WN ATT©RNEY Town Attorney Sliney reported that the Broadview Case (Hidden Harbor) is very active; there are quite a few depositions that have been taken and there are a few that will be undertaken. This matter will most likely come up in 1989; it is in the Federal District Court. The Town Attorney reported that Attorney George Roberts responded to the Complaint filed by Connaught Property (Lot 71 West). Town Attorney Sliney reported that the Royal Highlands (Bank of Nova Scotia) matter will come up for an initial hearing some time in January, at which time he will be present. A response will be filed, of the Town's position, to the Bank of Nova Scotia setting forth facts that the Courts should know. In a discussion regarding settlement agreements, and in response to Commissioner Rome's comment, the Town Attorney noted that there are time limits in the settlement agreements; none are open-ended. REPORTS - TOWN MANAGER Town Manager Mariano reported on the status of Town Projects and noted • that final Health Department inspections had been made and certifica- tions were expected on the THM and Interim Well matters; they are now complete. The Town Manager noted that the bills regarding the Interim Town Commission Workshop Meeting Minutes November 29, 1988 Page 5 of 6 Well Project have not as yet been paid because the Town incurred additional expenses on the testing of the Well. The Town Manager noted that the 'Holiday Decorating' is proceeding and the Town will be illuminated by the first of December. Town Manager Mariano is in the process of obtaining quotes on the painting of the water tower and the floor tiling that is to be installed in the 'traffic areas' in the Administrative Building. It was noted that some of the carpeting which will be removed from Town Hall will be installed in the Police Department which is undergoing renovations {new window and window treatments, new lighting and painting have been completed). Before the holidays, Xeriscape plantings will be placed in front of the Police Department. Town Manager Mariano recommended that the Town Commission consider a Resolution urging Florida's Governor Martinez to cease adoption and signing of legislative bills imposing State mandates (without funding sources) upon Municipalities. A Resolution will be prepared for the Regular Meeting Agenda of the Town Commission on December 6, 1988. The Town Manager reported that the Condo Managers will be meeting in January, 1989, to discuss the matter of trash collection (recycling and sorting of bottles, papers, aluminum and plastics). The matter of the permit renewal for the Boca Hi Sales Trailer, which must be maintained and is not to be occupied or used, was discussed. Same will be placed under 'Items Left Over' on the December 6, 1988, Regular Meeting Agenda. The expired permit for the Royal Highlands Sales Trailer was discussed and same was not renewed. A 'Notice of Violation' requiring the removal of the sales trailer will be issued to the owners by our Building Official/Code Enforcement Officer. Town Manager Mariano noted a memorandum was received from Building Official Hardy on November 22, 1988, proposing the amendment of the Plumbing Code. It was further noted that Highland Beach is the only Community that does not allow the use of PVC piping which is allowed in the Southern Standard Plumbing Code. Presently, the Town Code permits only cast iron piping. Commissioner Rome complimented Building Official Hardy for proposing the above amendment to the Town Code and noted that she appreciates his concern for the betterment of our Town Code. Fol- lowing discussion, it was agreed that a proposed ordinance to amend the Plumbing Code to allow the use of PVC and other piping permitted in the Standard Plumbing Code will be prepared for first reading at the December 6, 1988 Regular Meeting of the Town Commission. Town Commission Workshop Meeting Minutes . November 29, 1988 Page 6 of 6 Town Manager Mariano noted that there is no provision for the Town Com- mission to help Mr. Conte under the adopted "Zoning in Progress" Resolution. Mr. Conte does not fall into any exception under Resolution No. 522 nor is he voluntarily reducing the density by 33-1/3~. Without an additional amendment to the Resolution, the Town Commission is unable to help Mr. Conte. The Town Manager further noted that the present recommendations from the Planning Board and the Town Planners do not constitute any down-zoning in the area of Mr. Conte's property. The Town Manager was directed to suggest, in writing, that Mr. Conte attend the Planning Board Regular Meeting on December 14, 1988 at 9:341 A.M. to express his concerns. Mayor Stewart noted that the Deputy Town Clerk Kowals prepared a draft of the Planning Board's recommendations amending the Building Department Procedures to reflect the changes suggested by the Town Commission. The Mayor also noted that the Board Member Information Notebooks will be revised to include certain sections from the Planning Board's Informa- tion Notebook. There being no further business to come before the Town Commission at this time, Mayor Stewart adjourned the Workshop Meeting at 3:40 P.M. • APPROVED: Be~ty"Jean Stewart, Mayor r~~~/~~ n Basso, Vice Mayor ATT Dat amk Absent Robert F. Sc lz, mmissioner ~~L~ Doris R. R me, ommissioner Marvin A. Waldman, Commissioner L J