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1987.02.03_TC_Minutes_Regular~' TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, February 3, 1987 1:30 P.M._ A Regular Meeting of the Town Commission was called to order by Mayor Edward J. Sullivan in the Town Commission Chambers at Town Hall. Also in attendance were Town Commissioners John J. Basso, William A. Grier and Betty Jean Stewart. Vice Mayor Mary Louise G. Blosser was absent. Also present were Town Attorney Thomas E. Sliney; Town Manager Hugh D. Williams; Building Official Bruce Sutherland; Town Clerk Mary Ann Mariano and various members of the general public. After Roll Call the Pledge of Allegiance to the Flag was given. Approval of Minutes: December 30, 1986 - Workshop Meeting January 6, 1987 - Regular Meeting January 6, 1987 - Public Hearing Upon MOTION by COMMISSIONER BASSO/COMMISSIONER STEWART the Minutes were approved as submitted. Commissioner Grier noted that in the transcript of the January 6, 1987 Public Hearing on file in the office of the Town Clerk, it showed on Page 61 where he used the figure 1,000,000 in discussing water usage and stated that he should have used the figure 1,800,000 and was there fore correcting himself on the record. Public Comments and Requests: Mr. Michael Dent of Casuarina addressed the Town Commission, expressing his disappointment in the Mayor's announcement that he would not seek re-election in March. Mr. Dent also expressed his view that the Town should not be considering a building moratorium prior to obtaining in- formation from the Town's engineers regarding the water quantity problem. Mr. Philip Colman of Villa Magna also addressed the Town Commission, r'.' noting that his position regarding the consideration of a moratorium r~~f.~ was on record. With regard to a statement made by Town Manager `~~. Williams at the January 14, 1987 Public Hearing held by the Planning ``, Board regarding THM standards in Canada, Mr. Colman stated that the 350`~iy figure used was a "red light" figure mandating the immediate stopping of any further water pumping. Mr. Colman stated that standard levels ~' in Canada ranged from approximately 40 downward for purpose of THM testing. Mr. Colman also noted that the Town should investigate the possibility Town Commission Regular Meeting February 3, 1987 Page 2 of 7 of requiring safety bells on bicycles through Town, and further noted that the signage along the bike path should face both directions of travel. The signs now only face one direction. ~ Mr. Colman also referenced a 1983 letter from Camp Dresser & McKee, the ._'=~l~ Town's engineers, urging that testing be undertaken for EDB (etheldi- `'r~- bromide) in the Town's water. Mr. Colman stated that this was a car- cinogenic (pesticide) and that the Town should check to see if any ~ ~ further action had been taken on this request by the engineers. -"-"- REPORTS - TOWN COMMISSION: Mayor Edward J. Sullivan - No report. Vice Mayor Mary Louise G. Blosser - Absent. Commissioner John J. Basso - No report. Commissioner William A. Grier - Deferred comments until later in the meeting. • Commissioner Betty Jean Stewart - Commissioner Stewart requested information as to when the Retirement Board would hold its next meeting. This meeting was scheduled for February 24, 1987 at 1:041 p.m. prior to the Workshop Meeting. Commissioner Stewart reported in attending the January 12, 1987 meeting of the Beaches and Shores Council. The 1°s Tourist Bed tax which the County is requesting for beach renourishment was discussed. Commission- er Stewart noted a DNR report of November 11, 1986 which indicated that as apart of the County's proposal, the beach along Highland Beach was to be restored 75' wide. However, Mr. Campbell of Coastal Planning and Engineering, a consultant, noted in a preliminary report to the Army Corps of Engineers that due to the lack of public access and "public support" within Highland Beach, that Highland Beach should be deleted in the renourishment project. Commissioner Stewart stated that due to her strong objection to the statement regarding the lack of "public support", this was omitted from the final report to be submitted to the Army Corps of Engineers. Mayor Sullivan noted that Ocean Ridge was attempting to sue the State of Florida for beach aid. Commissioner Stewart explained that this particular matter stems from Ocean Ridge's position that its beaches are suffering due to the inlet being located north of Ocean Ridge, interferring with the natural movement of sand. Commissioner Stewart noted that the next meeting of the Beaches and 4.~ „'`~ f ~...~ C~ • Town Commission Regular Meeting February 3, 1987 Page 3 of 7 Shores Council will be held on February 9, 1987. The Boca Beach Restor- ation, rock growth and offshore dredging will be discussed. Commissioner Stewart noted that she had received information from Palm Beach County regarding the proposed Sea Turtle ordinance which she would submit for discussion at the February Workshop Meeting. REPORTS - TOWN ATTORNEY: The Town Attorney noted that he and the Town Clerk had met with regard to a proposed timetable to hold the appropriate public hearings for consideration of the moratorium ordinance, beginning with the first ' public hearing after the February 24, 1987 Workshop Meeting at 5:01 ~% p.m. After substantial discussion, it was the consensus of the Town ~(~~ Commission that due to the election being held on March 10, 1987, it ' would be wise to defer any further consideration of this matter until after the new Commission is seated. Therefore, it was determined that `~ the timetable should begin with a public hearing after the March ~ Workshop Meeting which would give a potential adoption date at the May • Regular Meeting. Regarding the Broadview/Hoffman matter, Attorney Sliney noted that a request had been received from Attorney Slinkman for the Town to hold a hearin on the matter of Phase II of the dred e fill ~':°' 9 g / project of the site. It was noted that this aspect of the project had no relation to the already approved Phase I on the dredging of the site. Attorney -.. Sliney noted that inasmuch as there were some internal matters between YAf- Hoffman and Broadview to be resolved, this matter could be placed on `~? the March Workshop Agenda for consideration. This was acceptable to _~~~ the Town Commission. With regard to the Town's pension plan, Attorney Sliney stated that he had been in the process of reviewing same and would have some recommen- dations to make. At the request of Commissioner Stewart, Attorney Sliney will submit his findings one week in advance of the February 24, 1987 Retirement Board meeting to give the Board Members time to review any proposed recommendations. At this time, Commissioner Grier read a statement into the record on the merits of the proposed moratorium, a copy of which is attached to and made a part of these Minutes. REPORTS - TOWN MANAGER: bra ' Mr. Williams reported that two bids had been received for the back-up ~~ well, with the low bid being $94,4!50.00 received from the Meridith Corporation.. It was noted that the engineers initial estimate on this project was less than $50,000.00 and requested information as to the ,/ . Town Commission Regular Meeting February 3, 1987 Page 4 of 7 reason for the substantial difference. Mr. Williams noted that Camp Dresser and McKee, the Town engineer's formal estimate had been received on 1/28/87, the day before the bids were opened, and estimated the cost to be $77,000.00. The Town Commission was disturbed that they had not been given copies of the formal estimate. It was noted that the Town had budgeted the amount of $50,000.00 based on the initial estimates given by Camp, Dresser and McKee. Substantial discussion took place as to the feasibility of installing an interim well at such a substantial cost. Commissioner Stewart requested further information as to what changes could be made in order to give more permanency to the well inasmuch as it was going to cost the Town more than anticipa- ted. Mr. Williams noted that the installation of a stainless steel screen would give the well a longer lifespan, however, Commissioner Stewart felt that there might be other factors involved in assuring that the well function for a longer period of time. Mr. Williams estimated that a stainless steel screen would probably cost approximat- ely $3,000 - $4,000. The Town Commission requested that the Town Manager direct CDM to secure a firm price on this item from both bidders, however, Mr. Williams felt that to deal with both bidders would be contrary to the Competitive Bidding Negotiation Act. Mr. Williams will have CDM obtain a firm price from Meridith Corporation on this screening. The Town Commission requested that Mr. Whit, of CDM, appear before a Special Meeting to be held on Friday, February 6, 1987 at 10:00 a.m. to justify the difference in the bids received and the engineers estimate, as well as answer questions regarding the methods to make the back-up-well more permanent. (NOTE: Subsequent to this ~~ meeting, the Special Meeting was scheduled for 2/3/87 at 1:30 p.m. due to prior commitments on the part of Mr. Whit of CDM.) No objections were expressed regarding the Army Corps of Engineers pro- posal for dock regulations as previously approved by the DNR. The Town Manager will transmit this position to the Army Corps. Mr. Williams noted that with regard to a requested policy involving maintenance of rights-of-way, he was meeting with representatives of Bel Lido on February 4, 1987 and would have his recommendations for consideration at the February Workshop Meeting. With regard to the Royal Highlands project, both the Town Manager and the Building Official reported that all required time frames as set outf in the Settlement Stipulation had been met and the only time frame re- maining called for substantial completion of the project by November 8, ~`~~~ 1988. Bruce Sutherland, Building Official, also noted that the Commun- .-~ ity Appearance Board had approved plans for the expansion of the sales trailer on the site. • Town Commission Regular Meeting February 3, 1987 Page 5 of 7 REPORTS - BOARDS AND COMMITTEES: ~J The meeting dates as well as existing vacancies of the Town Boards were noted by Mayor Sullivan. MOTION was made by COMMISSIONER STEWART/COMMISSIONER GRIER to appoint Eugene Snyder as a member of the Code Enforcement Board for a term of three years. This MOTION carried unanimously. David Robinson, Chairman of the Code Enforcement Board noted that Mr. Joseph Boulay had also attended their last meeting and was interested in serving on the CEB. Mr. Robinson stated that he felt Mr. Boulay's background would be an asset to that Board. MOTION was then made by COMMISSIONER GRIER/COMMISSIONER BASSO to appoint Joseph Boulay as a member of the Code Enforcement Board for a term of three years. This MOTION carried unanimously. It was noted that these appointments now give the Code Enforcement Board a full compliment of members. PROPOSED RESOLUTIONS AND ORDINANCES: 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH PROVIDING FOR FLOOD DAMAGE PREVENTION. This Ordinance was given first reading and deferred to the February Workshop Meeting. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REQUIRING OWNERS OF IMPROVED REAL PROPERTX TO MAINTAIN STREET NUMBERS ON THEIR PROPERTY. This Ordinance was given first reading and deferred to the February Workshop Meeting. A five minute recess was taken at this point in the meeting. REGULAR BUSINESS: A. CONSENT AGENDA -Approval of sales model for Highlands Place -Authorization for Town Manager to negotiate contract with ~. Gee and Jenson for overall review of the Comprehensive Plan ~" for submission to the Town Commission for possible approval. -Authorization for Town Manager to obtain contract from Russel and Axon for engineering services re Bel Lido Bridge wingwalls for submission to Town Commission. Town Commission Regular Meeting • February 3, 1987 Page 6 of 7 At the request of Commissioner Grier, the item on the Consent Agenda ''~ regarding Gee and Jenson was removed. Commissioner Grier noted that he wanted to reiterate his feelings on the matter of retaining Gee and Jenson as Town engineers for the overall review of the Comprehensive "~~,J Plan as set out on Pages 59 and 63 of the verbatim transcript of the r:. January 6, 1987 Public Hearing. Commissioner Grier also noted that it ~~'`=' was his opinion that due to some of the facts set out in the October 1986 report prepared by John Toshner, that Gee and Jenson was not qual- `~' ified to do the required review and should not be retained. ~ MOTION was made by COMMISSIONER STEWART/COMMISSIONER BASSO that the re- maining Items on the Consent Agenda be approved. This MOTION carried unanimously. Discussion was held regarding the proposed Russel and Axon contract for engineering services on the Bel Lido Bridge wingwall. Attorney Sliney stated that he had reviewed the contract which was in order, however, he had prepared an Addendum to the contract which addressed the four following items: 1. Provides that the Town Manager or the Mayor are the contact . persons for the Town; 2. Provides that the engineers will conform to all applicable federal regulations; 3. Provides an indemnity clause for protection to owners in case of any damage; and 4. Provides that in the event any litigation is undertaken in this matter, that it will be filed in Palm Beach County. MOTION was then made by COMMISSIONER BAS50/COMMISSIONER STEWART that ; the Town Manager be authorized to negotiate with Gee and Jenson for services on the overall review of the Comprehensive Plan, and further, that the appropriate Town Official be authorized to execute a contract..: with Russel and Axon for engineering services on the Bel Lido Bridge '~ wingwalls, with attached Addendum as drawn by the Town Attorney, and at a cost not to exceed 515,000.00. This MOTION carried unanimously with favorable votes. .--~~ The Town Attorney then advised that the Town should proceed with the overall review of the Comprehensive Plan by directing the Planning Board to schedule the review, advising them that the Town was in the process of retaining a consultant to assist them in this matter. MOTI was made by COMMISSIONER STEWART/COMMISSIONER BASSO to direct the Planning Board to undertake the overall review of the Comprehensive Plan. This MOTION carried unanimously with favorable votes. The Town Manager will advise the Planning Board of the Town Commission's direc- tive, as well as advising them of the Town's intent with regard to the: retaining of a planning consultant. K • • Town Commission Regular Meeting February 3, 1987 Page 7 of 7 DNR should be made aware of the Town's position. Attorney Sliney noted __ that not only did this request penetrate the Coastal Construction Con- trol Line, but it did not meet Town zoning requirements on density or ~ height, which was one of the considerations to be reviewed. It was the ~,~ consensus of the Town Commission that the Town Manager write a letter ~~.- expressing the Town's opposed position to the Concordia Properties re- -~'~ quest to be transmitted by Commissioner Stewart to the Beaches and Shores Council Meeting. Commissioner Stewart also requested that the ~; appropriate portion of the transcript be furnished to her for further t" information. The Town's position opposing this application will also be transmitted to the DNR by the Town Manager. Commissioner Stewart then stated that she had just received her Agenda f today for the February 9, 1987 Meeting of the Beaches and Shores ~_; Council, which noted that Concordia Properties was to be considered for ~' an application for a seawall. Commissioner Stewart requested guidance _. from the Town Commission regarding the Town's position in this matter. '~~ Mr. Williams noted that this application was also before the Department -""" of Natural Resources and that the Town became aware through an adjoin- ing property owner. Mr. Williams further stated that he had already written the DNR a letter reserving the rights of the Town to make their ~'~; position known, and that both the Beaches and Shores Council and the Mr. Williams noted that regarding Item B under Regular Business (Bills for Approval), that this Item would no longer appear on the Agenda. There being no further business to come before the Town Commission at this time, the meeting was properly ~j~qurned at 3:~p.m. APPROVED: R EDWARD/Ji1 'SULLIVAN VICE AYOR MAR LOUISE G. BLOSSER SS ER JOHN J BASSO ~ ~• COMMISSIONER WIL A. GRIER COM SSIONER BETTY JEAN STEWART TTEST: DATE: Statement made by Commissioner William A. Grier at the February 3, 1987 Regular Meeting -- (Taken verbatim from tape) Commissioner Grier: "A moratorium as I see it, is a denial of useage and it is, in effect, a taking, whether for a definite or an indefinite time, of private property without paying for same. The 14th Amendment to the United States Constitution prohibits the taking of property without due process of law. Due process, in my judgement, requires a clear and present emergency for which, after exhaustion of every reasonable effort. There is no clue here and present remedy. The supposed emergencies are water and traffic, both of which I addressed at some length on June, on January 6th rather. Traffic is a county and state problem beyond the powers of this Township to materially affect. As to water, in relation to our current needs, there is no problem. True, in 1985 we couldn't wash our cars for a few weeks, because the South Florida Water Management District was concerned about the unusually low level of water in Lake Okeechobee. As a Town, we have never imposed conse=vation measures. What the Town Commission did do on January 6, was to authorize CDM, at a cost of some $45,000 to consider and recommend among other things, passible conservation measures such as • limitations on car washings and on the irrigation of lawns and greenery. Also to discuss with Boca and/or Delray the possibility of our purchasing for a long term basis some of our water re- quirements from them. CDM is to report back on these matters within 90 days, or about April 6th. At the very least, moratory action prior to the receipt and consideration of that report would, in my judgement, be premature. In addition, for an additional $20,000, CDM would assist in locating, obtaining permits and developing a new and additional wellfield further inland. On that matter, the Town Commission said "Well, let's wait and see". That does not sound to me like anybody thought there was any great urgency about this water situation or we wouldn't be "waiting to see". The possibility of a new wellfield is something that will have to be carefully explored before we can hope to persuade, in my judgement, any court that there is no reasonable alternative to a moratorium. The January 14th proceedings of the Planning Commission lends strong support to my view that this Town and many of its people want to preserve the status quo forever and a day. If we want to preserve our undeveloped green space, that's fine, provided we buy and pay for it. We have no right to expect the current owners to foot the bill for what we want. In the venacular, that just ain`t the American way. Thank you.