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1987.01.06_TC_Minutes_Regular TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, January 6, 1987 1:30 P.M. The Regular Meeting of the Town Commission was called to order by Mayor Edward J. Sullivan in the Town Commission Chambers at Town Hall. Also present were Vice Mayor Mary Louise G. Blosser and Town Commissioners John J. Basso, William A. Grier and Betty Jean Stewart. Also present were Town Manager Hugh D. Williams, Town Attorney David Friedman, Building Official Bruce Sutherland, Town Clerk Mary Ann Mariano and members of the general public. After roll call, the Pledge of Allegiance to the Flag was given. APPROVAL OF MINUTES: U The Minutes of the December 30, 1986 Workshop Meeting were deferred until the February Regular Meeting. The following Minutes were submitted for approval: November 25, 1986 December 02, 1986 December 17, 1986 - Workshop Meeting - Regular Meeting - Public Hearing re. Use Amendments proposed Land MOTION was made by COMMISSIONER STEWART/COMMISSIONER BASSO to approve the Minutes as submitted, which MOTION carried unanimously. PUBLIC COMMENTS AND REQUESTS: None REPORTS FROM TOWN COMMISSION: Mayor Edward J. Sullivan - No report Vice Mayor Mary Louise G. Blosser - Vice Mayor Blosser reported on a recent letter from County Commissioner Dorothy Wilken regarding the South County Council of Governments. Discussion ensued regarding the possibility of dissolution of the Council due to lack of participation from some of the larger city members. Mayor Sullivan noted that he would support the continuance of , the Council. Vice Mayor Blosser commended the Police Department on the annual report as well as for the provision of staff photographs. • r ~ ~J Town Commission Regular Meeting January 6, 1987 Page 2 of 1~J Commissioner John J. Basso - No report Commissioner William A. Grier - Commissioner Grier commended the Building Department on their letters regarding property located at 4221 South Ocean Boulevard. Commissioner Grier stated that he had received comments from residents that Channel Y 12 on Centel Cable (Public Access Channel) was not carrying enough information regarding weather conditions or Town meetings. Mr. Williams ~'-'' indicated that weather conditions were supplied on another basic channel. With regard to the updating of meetings, etc., it was noted that Centel only had one employee who was able to input the announcement material onto the screen, and he had been on vacation for several weeks. The Town Clerk stated that the Centel representative had offered to train Town Hall staff on the input of information onto the screen at the equipment room behind Town Hall, and questioned whether the Town Commis- sion wanted to take on any liability in staff utilizing this equipment. It was the general consensus of the Town Commission that the matter be handled through Centel and that Town staff not be involved in handling this equipment. Commissioner Grier then read a statement into the record, a verbatim ~~, transcript of which is attached hereto and made a part of these ,-,`~r~` minutes. ~j Commissioner Betty Jean Stewart - Commissioner Stewart also commended the Police Department on their monthly, as well as annual, report. Commissioner Stewart commended the attractiveness of the flowers and holiday decorations at Coronado and Regency Highland during this holiday period. Regarding a December 18, 1986 memorandum from the CAB regarding the unsightliness of the North and South Town signs, Commissioner Stewart recommended that additional foliage be placed at the South sign and that trimming was need at the North sign. Commissioner Stewart also noted that the Town Hall patio area needed attention. Commissioner Stewart noted that Palm Beach County was in the process of working on a countywide Sea Turtle Protection Ordinance and recommended that the Town obtain information on this. Commissioner Stewart noted that Robert Clinger, representing the Beaches and Shores Council, was requesting that the Tourist Development Tax '/ District levy a l~ sales tax for money for beach erosion control. ~ Town Commission Regular Meeting • January 6, 1987 Page 3 of 1(d On November 8, the County held a hearing regarding the County Comprehensive Plan. Twelve new planners are being hired by the County and surveys, as well as aerial pictures, will be taken; however, these were not funded in the 1986/87 year. The Beaches and Shores Council is requesting that the County Commission reconsider this funding timetable in order for this work to be completed by June or July 1987 with such surveys any aerials being made available to Highland Beach. Commissioner Stewart noted that the Legislative Delegation Meetings were coming up and that the Department of Natural Resources had beach renourishment requests requiring 45(d million dollars. Proposed sources of revenue, including removal of sales tax exemptions on professional fees were being proposed. The issue of inlets having lesser erosion and transfer of sand are under consideration. The DNR requirement of 1/2 mile beach access for beach restoration was discussed. A Position Paper regarding public access to Florida's beaches was submitted by the Town of Palm Beach through Mr. Byrn. Commissioner Stewart read pertinent portions of the Position Paper, a copy of which is attached hereto and made a part of these Minutes. A copy of the Position Paper will be made ~ available to the Town Commission by way of the clipboard and consideration of such a paper by the Town of Highland Beach will be scheduled for the January Workshop Meeting. Commissioner Grier commented that the shoreline problems cited were a national coastline problem and not just unique to the State of Florida. REPORTS - TOWN ATTORNEY Attorney David Friedman noted that a new lawsuit had been filed in the Hoffman matter seeking to enjoin the Town from rezoning the Hoffman tract and compelling the Town to acknowledge the former RPUD. The Town's insurance carrier has assigned counsel to handle the case until.' any damage claims are dismissed. Attorney 5liney will serve as co- counsel. A Motion to Dismiss is pending in this matter. It was noted that Hoffman also had filed a cause of action in that the Town had issued the first permit on the project, and now a Writ of Mandamus was being sought to force the issuance of Phase II and additional permits in accordance with approved DER and Army Corps permits. It was noted that although the Town entered into a Stipulation with Broadview Savings and Loan on a portion of the property, no Stipulation existed with regard to the Hoffman owned portion. A response to this cause of action will be filed by the Town Attorney. With regard to the Ocean Terrace matter, Attorney Friedman stated that the case had been set for March 2, 1987. Substantial discussion took '~~` place regarding an Order which had been entered in the matter mandating ~`-, that the Town appoint a representative to engage in mediation for the • possible resolution of this matter. Upon inquiry by Commissioner Grier,;` Attorney Friedman noted that a Motion had been granted substituting Concordia Properties as Defendant in lieu of Ocean Terrace. Attorney Town Commission Regular Meeting • January 6, 1987 Page 4 of 10 Friedman also noted that any matters involving the property since its purchase by Concordia Properties could be brought up at the hearing. Substantial discussion took place regarding a portion of the Order mandating that the Town appoint a representative who would have the right to make a final determination in the matter. Attorney Friedman stated that the Town could promulgate limitations on any appointee to discussion only, with any final determinations being made by the Town Commission only. After discussion, MOTION was made by COMMISSIONER BASSO/COMMISSIONER STEWART that the Town appoint either Ray Blosser or Vice Mayor Blosser as mediator with limited powers to recommend to the Town Commission only with no decision making power. This MOTION carried unanimously. This meeting was then recessed for five minutes in order ; that the Town Manager might contact Mr. Blosser to see if he would accept such appointment. Upon re-convening the meeting, Town Manager Williams noted that he had ~! spoken to Mr. Blosser, and due to other commitments, the appointment was declined. The Town Commission will address this matter again later in the _ meeting. • REPORTS - TOWN MANAGER: Mr. Williams indicated that all items he intended to cover were included under Items Left Over. REPORTS - BOARDS AND COMMITTEES: Mayor Sullivan noted the various meeting dates for the Town Boards. Commissioner Grier noted that the Financial Advisory Board had scheduled a meeting for January 20, 1987. With regard to the Police Advisory Board, it was noted that a Regular Member vacancy existed due to the expiration of the term of Albert Bevilacqua. Mayor Sullivan noted that Mr. Bevilacqua had indicated that he desired to be re-appointed to the PAB. It was noted that Mr. Bevilacqua was eligible for re-appointment. Mr. Lowell Blum, Chairman of the PAB was present and also requested Mr. Bevilacqua's re- appointment. MOTION was made by COMMISSIONER BASSO/COMMISSIONER GRIER to appoint Albert Bevilacqua to the PAB as a Regular Member for a three year term. This MOTION carried unanimously. Also with regard to the PAB, Chairman Blum requested that the Town Commission schedule a special meeting to address several police matters including recent payroll discrepancies. Mayor Sullivan requested that • Mr. Blum submit his request in writing. V Town Commission Regular Meeting • January 6, 1987 Page 5 of 1P1 With regard to the Talent Bank Applicants, the Town Clerk will advise such applicants as to the appropriate upcoming meetings being held by their preferred Boards. It was also noted at this time that there were no Talent Bank Applicants in the audience. PROPOSED RESOLUTIONS AND ORDINANCES: -- 1. A RESOLUTION AUTHORIZING THE RELEASE OF UNITY OF TITLE RECORDED ON OCTOBER 2, 198fd IN OFFICIAL RECORD BOOK 3376, , PAGE 1868, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND RETAINING CERTAIN PROVISIONS OF SAID UNITY OF TITLE. This Resolution was read by Attorney Friedman, MOTION was made by COMMISSIONER BASSO/COMMISSIONER STEWART to adopt the Resolution. Under discussion, it was directed by the Town Commission that the Town Attorney be responsible for the proper recording of this document, with evidence of such being submitted to the Town for its records. The vote was then taken on the MOTION and carried unanimously. 2. A RESOLUTION AUTHORIZING THE OWNER OF LOTS 1-5, BYRD BEACH, A/K/A TOWN LOTS 133-137 (EAST OF A-1-A), TO • PROCEED WITH THE DEVELOPMENT OF THE PROPERTY PURSUANT TO RESIDENTIAL SINGLE-FAMILY ESTATE (RE) ZONING AND WAIVING "ZONING IN PROGRESS" AS TO SAID PROPERTY. This Resolution was read by Attorney Friedman. MOTION was made by COMMISSIONER STEWART/COMMISSIONER BASSO to adopt the Resolution as read! Under discussion, and in response to inquiry by the Vice Mayor, Mark Gaylord, of Robert Eisen's Office, representing the owners, stated that plans had been submitted which noted sufficient land area for the five units requested. MOTION was then taken on the MOTION and carried unanimously. ----- 3. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, SUSPENDING ~;/: THE ISSUANCE OF BUILDING PERMITS AND APPLICATIONS FOR ~{'`' BUILDING PERMITS EXCEPTING ONLY PERMITS AND APPLICATIONS ~.. FOR SINGLE-FAMILY DWELLINGS AND REMODELING OF EXISTING '" DWELLINGS AND ACCESSORY STRUCTURES. This Resolution was read by Attorney Friedman. MOTION was made by COMMISSIONER BASSO/COMMISSIONER STEWART to adopt the Resolution with an amendment to add "Accessory Structures" to those items listed as exceptions in Section 1 of the Resolution. Under discussion, Commissioner Grier noted that the Planning Board had already scheduled a hearing on January 14, 1987 and felt that their • recommendations would be submitted to the Town Commission at an early date. In that regard, Commissioner Grier felt that a cut off date n • Town Commission Regular Meeting January 6, 1987 Page 6 of 1~J should be included in the Resolution in case a moratorium on building was not deemed advisable by the Planning Board or the Town Commission. Attorney Friedman stated that due to the public hearing requirements, etc., it would take from four to six months to put a moratorium into effect. Both Commissioner Basso and Commissioner Stewart accepted an amendment to the Motion in which the language "Zoning in Progress shall continue until final action is taken on the proposed moratorium or six months from the adoption hereof, whichever occurs first" was added as Section 3 to the Resolution. Dr. Richard Orman, representing Lucia Milani, addressed the Town Commission and voiced his objections to the Resolution. Dr. Orman stated that the passage of this Resolution was in effect a moratorium without going through court prescribed procedures and deprives property owners of their legal rights. Dr. Orman further urged the Town Commission to find other methods to resolve the problems of water, traffic, etc., without having to impose a moratorium. Attorney Friedman stated that the purpose of this Resolution was to alleviate the flood of requests for building permits during the time that the Planning Board and Town Commission were determining whether a moratorium was necessary or not. ~ Vice Mayor Blosser stated that this Resolution was to hold the Town at its present status with regard to building until any further determinations are found. The vote was then taken on the MOTION to adopt the Resolution, which MOTION carried unanimously.. 4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA PROVIDING FOR THE REVISION OF THE CODE ENFORCEMENT BOARD ORDINANCE IN CONFORMANCE WITH .FLORIDA LAW. (1st Reading- 12/2/86 - Published 12/12/86) This Ordinance was read in full by the Town Clerk, after which MOTION was made by COMMISSIONER STEWART/COMMISSIONER BASSO to adopt same. Upon roll call vote, this MOTION carried unanimously. 5. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING ORDINANCE NO. 528, WHICH APPROPRIATED FUNDS FOR FISCAL YEAR 1985/86, WHICH BEGAN OCTOBER 1, 1985 AND ENDED ON SEPTEMBER 30, 1986. (1st Reading - 12/2/86 Published 12/12/86) This Ordinance was read in full by the Mayor. It was noted that the purpose of this Ordinance was for bookkeeping purposes to balance the • 1985/86 budget. Responding to the inquiry of Commissioner Stewart, Mr. Williams indicated that the Police Budget had been under spent by Town Commission Regular Meeting • January 6, 1987 Page 7 of 10 $17,775 due to the Boca Raton radio contract not being ready during the 1985/86 budget year. MOTION was made by COMMISSIONER STEWART/COMMIS- SIONER BASSO to adopt the Ordinance as read. Upon roll call vote, this MOTION carried unanimously with favorable votes. 6. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING A NEW ORDINANCE REGULATING THE PLACEMENT OF NEWS RACKS WITHIN THE TOWN OF HIGHLAND BEACH; PROVIDING FOR REGULATIONS: PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR SEVERABILITY: PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (1st Reading 10/7/86 - Published 10/17/86) This Ordinance was read in full by various members of the staff and Town Commission. MOTION was made by COMMISSIONER BASSO/COMMISSIONER STEWART to adopt the Ordinance as read. Under discussion, Vice Mayor Blosser noted that a definition for news rack "clusters" should be included. Also, the term "Order" will be replaced with the word "Citation" throughout Section 6. Both Commissioner Grier and Vice Mayor Blosser questioned the reasonableness of the fees set out in Section 2 (I). Both Commissioner • Basso and Commissioner Stewart accepted the proposed amendment to Section 6, whereupon a roll call vote was taken. Vice Mayor Blosser and Commissioner Grier voted no. Mayor Sullivan, Commissioner Basso and Commissioner Stewart voted aye. The MOTION carried 3-2. Commissioner Stewart then noted that at the April 29, 1986 Workshop Meeting, Commissioner Grier had raised the issue of news racks, requesting the Town's attention to the matter. Commissioner Grier stated that he felt that once the two present locations were developed, the problem would disappear. Discussion then turned back to the matter of appointment of a mediator in the Ocean Terrace matter. Inasmuch as the MOTION previously made included appointment of the Vice Mayor, Vice Mayor Blosser declined appointment due to previous commitments. It was determined that any Planning Board Member might not be appropriate inasmuch as they would have been involved in a prior determination in the matter contrary to f the Town Commission's position. After further discussion, Commissioner""~_ Basso recommended the appointment of the Town Manager. MOTION was made Ti"~ by VICE MAYOR BLOSSER/COMMISSIONER STEWART that Town Manager Williams be''.~ appointed as mediator in the Ocean Terrace matter with limited powers to } recommend to the Town Commission and with no decision making power. This MOTION carried unanimously. REGULAR BUSINESS: .7 • Town Commission January 6, 1987 Page 8 of 10 Consent Agenda - Regular Meeting 1. CDM 11/26/86 Proposal Phase I, regarding water projects. 2. Request by Concordia Properties for extension of Sales Trailer Permit regarding Lot 101W for 6 months: • a. Sales trailer not to be occupied. b. Sales trailer and area must be maintained c. Owner acknowledges no former permits and does not guarantee any additional permits. 1~ r_' .. It was noted that both items included on the Consent Agenda required additional discussion, and therefore, both items were removed and taken up separately. With regard to CDM's 11/26/86 Proposal for Phase I, being the property acquisition feasibility study, the Town Manager requested that a time limit be given for the submission of the report. Although the proposal included an estimated time frame of June 15, 1987, MOTION was made by , VICE MAYOR BLOSSER/COMMISSIONER GRIER that the Proposal of CDM for Phase ', I be accepted with a 90 day time limit at a cost not to exceed $44,650. t. This MOTION carried unanimously. With regard to Concordia Properties request for the extension of the sales trailer permit, in addition to those conditions as listed on the ,; consent agenda, the Town Commission noted the following conditions to be~.`:% added: `~? 1. That the permit be marked indicating that no vested ~~=~,,, rights were being granted to the owner. ~' 2. That all fees to date to be current with no lapse of times between permits. MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER GRIER to grant the sales trailer permit extension for Concordia Properties for a term of six months with all of the noted conditions being met. Under discussion, Vice Mayor Blosser asked whether the Town Commission would amend a previous Motion on Beach Walk West to include these conditions as well. Attorney Friedman stated that this would not be appropriate. The vote was then taken on the Motion involving Concordia Properties, which MOTION carried unanimously. Items Left Over - 1. Police Car Bids `~~ `~ • MOTION was made by COMMISSIONER BASSO/COMMISSIONER GRIER to authorize the purchase of a police car. This MOTION carried. Discussion then Town Commission Regular Meeting January 6, 1987 • Page 9 of 10 turned to the options regarding where to purchase the vehicle and also the trade in options. Vice Mayor Blosser noted that the Town Commission had already indicated their preference to buy from a local dealer. The Town Manager expressed his preference to trade in the Escort being used in the Building Department due to its deterioration caused by rust, and transferring the present police vehicle to that department. It was noted that Bill Wallace, the local dealer, had offered $900. as a trade in allowance for the police vehicle. However, Mr. Williams felt that with the condition of the Escort, whatever trade in allowance was given, the Town would be better off to trade it in instead of the police car. MOTION was then made by COMMISSIONER STEWART/COMMISSIONER BAS5O to purchase the police vehicle from Bill Wallace Ford with whatever trade in was determined appropriate. This MOTION carried unanimously. 2. Clarendon Agreement With regard to the pending agreement for the installation of a communications antenna on top of The Clarendon, Mr. Williams .stated that the Attorney for the Clarendon had approved the proposed contract and would forward it to the Town for signature within 10 days. It was noted that this was not the same agreement as approved by the Town Commission previously on this matter. • 3. Proposed retainage agreement with Harvel & Deland It was noted that this agreement was basically the same as the previous agreement with Harvel & Deland, excepting for overtime rated and third person labor requirements. MOTION was made by COMMISSIONER GRIER/VICE MAYOR BLOSSER to approve the retainage agreement between the town and Harvel & Deland. This MOTION carried unanimously. 4. Bel Lido Bill for irrigation - $116.10 The Town Manager noted that a bill had been received from the Bel Lido Homeowners Association in the amount of $116.10 for unauthorized repairs to a sprinkler system an the right of way of Bel Lido Drive, East of the bridge. Substantial discussion took place as to the actual ownership of the right of way East of the Bel Lido Bridge, with Attorney Friedman being directed to research the matter and advise the Town Commission. It was the general consensus of the Town commission that the Town should not be liable for any unauthorized work within the rights of way. However, due to circumstances involving prior correspondence dated 9/17/86 advising of work being done, and the Town Attorney's determination as to ownership, this matter was deferred until the January Workshop Meeting. 5. Municipal League appointment to new Planning Council V . It was noted that Mr. David T. Robinson had submitted a letter • Town Commission Regular Meeting January 6, 1987 Page 10 of 10 expressing his interest in this appointment. Commissioner Grier brought up the name of former Town Commissioner William E. Paul, however, MOTION was made by COMMISSIONER BASSO/COMMISSIONER GRIER David T. Robinson be nominated for appointment to the Palm Beach Countywide Planning Council. This MOTION carried unanimously. also that Discussion then took place regarding the holding of an "exit" interview with the Town's Auditors upon completion of the annual audit. Mr. Williams stated that the Financial Advisory Board had offered to hold the interview and make its report to the Town Commission in lieu of the Town Commission holding the interview itself. Commissioner Grier stated that in private corporations, a series of interviews held separately between staff, administration, etc., were held in order to promote freedom of expression to the auditors. Commissioner Grier felt that the FAB could handle the matter adequately. Mr. Williams further noted that under the Auditor General's requirements, municipalities were required to respond to any matters raised by the Auditors. Although no objections were expressed at this point, no action was taken. There being no further business, the meeting was adjourned at 4:4P1 P.M. APPROVED: MAYOR EDWA VICE MAYOR . SULLIVAN Y LOUISE G. BLOSSER CfCSM1~/ISSI ER JOHN J. SSO COMMISSIO ER W LLIA A. GRIER %~ COM ISSIONER BETTY JEAN STEWART • DATE: ATTACHMENTS: (1) W.A.GRIER STATEMENT (2) PALM BEACH POSITION PAPER RE BEACHES