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1987.03.31_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, March 31, 1987 1.30 P.M. The Workshop Meeting of the Town Commission was called to order by Mayor Betty Jean Stewart in the Town Commission Chambers at Town Hall. Also present were Vice Mayor Mary Louise G. Blosser, Town Commissioners John J. Basso, David T. Robinson and Robert F. Scholz. Also present were Town Attorney Thomas E. Sliney, Town Manager Hugh D. Williams, Building Official Bruce Sutherland, Town Clerk Mary Ann Mariano, and members of the general public. 87.1 Public Comments and Requests Mr. Michael Dent of Casuarina addressed the Town Commission urging their continued practice of allowing the public to speak prior to the adoption of any ordinances. Mr. Dent also opposed the proposed ordinance which would set connection fees at $2,000.00, citing figures used in surrounding areas, and stating that the amount of $1,000.00 should be adequate for this charge. Mr. Dent also commended the Town Attorney on the Petition to the Court with regard to the Jap Rock matter, and requested information as to the County's power to violate those codes • adopted by a municipality. Mr. Philip Colman of Villa Magna then addressed the Town Commission. Mr. Colman expressing his opposition to the amount of money which had been spent on reports from Camp Dresser and McKee, the Town's engineers, stating that the transmittal of the reports to the Town Commission was badly handled by the Town Manager and should have been done in one comprehensive package. Mr. Colman also expressed his dissatisfaction in receiving public documents which had been requested from the Town Manager in an untimely manner. Mr. Colman submitted a copy of a memorandum from the Town Manager to the Town Commission dated 2/24/86. He commented on a portion of same which indicated that the Town Commission should have been advised of a request from the City of Boca Raton regarding the feasibility of water supply from that city in early January, however, had not been advised until 2/24/86 by the Town Manager. It was noted that the upcoming Camp Dresser & McKee report would address the alternatives of dealing with Boca Raton, as well as Delray Beach regarding water supply. In order to accommodate those persons present for specific agenda items, the following items were taken up out of sequence: 87.10 Presentation by F. Kendall Slinkman, Attorney, re Hoffman Appli- cation for Fill Permit, was taken up at this time. Due to the complexity of this matter, a verbatim transcript of this item is attached to these Minutes and made a part hereof. Town Commission Workshop Meeting March 31, 1987 • Page 2 of 7 A five minute recess was taken at this point in the meeting. 87.11 Discussion re proposed Developer's Agreement re Lots 1 - 5, Byrd Beach was then taken up. Appearing before the Town Commission with regard to this item were Mr. Ray Marshall, developer of Lots 1, 2, 4 and 5, and his attorney David Van Kleeck. Attorney Sliney stated that what the developers were proposing with regard to the Byrd Beach lots does not fit into the present Town Codes, however, it might be acceptable if a method of development could be agreed upon. between the Town and the developer. It was noted that the five lots could be developed individually under the single family criteria but Mr. Marshall was attempting to develop the lots with a common area for ingress and egress. It was also noted that Lot 3, being the middle lot, was titled to Peter Ince, who was seeking a building permit to commence construction of a structure on that site. Mr. Marshall was seeking to be allowed to grade the overall site without the securing of any building permit whatsoever. Attorney Sliney had recommended that Mr. Marshall develop the site lot by lot as he goes along, however, Mr. Marshall did not like that concept. • A proposed Agreement to Induce Building Permit which had been submitted by Attorney Van Kleeck was cited. Also cited was a memorandum dated March 18, 1987 written by the Town Manager which indicated several items that had not been addressed by the proposed Agreement. Commissioner Robinson stated that any agreement reached should incorporate those matters addressed by the Town Manager's memorandum. Mayor Stewart suggested that this matter might be handled under the guidelines of Chapter 25, Subdivisions, inasmuch as this Chapter of the Town Code was more comprehensive and addressed some of the requests of the developers. The Town Commission agreed that they did not want this site to be left in a state to become an eyesore, with Commissioner Basso recommending that whatever action is taken, the developer be required to post a bond to assure completion of the project. Matters of concern regarded the grading of the property, the sodding of any areas graded prior to development, the upgrading of the property and vegetation. It was noted that the Planning Board had reviewed and made several recommended changes to the submitted agreement, however, Vice Mayor Blosser noted that the Planning Board is merely advisory, and that the Town Commission would be the final decision making body with regard to • this matter. Town Commission Workshop Meeting March 31, 1987 Page 3 of 7 • It was the consensus of the Town Commission that Mr. Marshall obtain and review a copy of Town Code Chapter 25, Subdivisions, and redraft any proposed agreement to address those areas not covered in Chapter 25. The Town Commission agreed that this matter be placed on the April 7, 1987 Regular Meeting Agenda, pending the submission of the newly revised Agreement by Mr. Marshall by Thursday, April 2, 1987. Mr. Ince was present and requested guidance as to his pending application for a building permit for Lot 3. Mr. Ince was advised to proceed through the Building Official in the appropriate manner. Mayor Stewart then returned to the regular order of business. 87.2 Boards and Committees: It was noted that Community Appearance Board Regular Member Arthur Kelley's term expires 4/87. With regard to the vacancy on the Code Enforcement Board due to David Robinson's resigna- tion, it was noted that William E. Paul, former C.E.B. Member, had submitted a Talent Bank Application noting his interest in service. Also noted was Pamela Perona's pending application, however, Ms. Perona had not yet attended any meetings. The present vacancies will be addressed at the April Regular Meeting. • 87.3 Proposed Ordinance and Resolutions: 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH PROVIDING FOR FLOOD DAMAGE PROTECTION (1st Reading 2/3/87 - Published 2/13/87) It was noted that this item would be addressed at a Special Meeting to be called later in the day. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING SEC. 29-23 OF THE CODE OF THE TOWN OF HIGHLAND BEACH AS RELATES TO WATER CONNECTION FEES (1st Reading 2/3/87 - Published 2/13/87) The Town Manager noted that the Town's engineers, Camp Dresser and McKee were working on the final figures on this proposed ordinance which would be submitted prior to the Regular Meeting. With regard to Vice Mayor Blosser's concern regarding clarification of the word "expansion", it was determined that this phraseology should read "maintaining, improving and expanding". This proposed ordinance will be redrafted and submitted for possible action at the April Regular Meeting. 3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REQUIRING OWNERS OF IMPROVED REAL PROPERTY TO MAINTAIN STREET NUMBERS ON THEIR PROPERTY. • • ~ Town Commission Workshop Meeting March 31, 1987 Page 4 of 7 With regard to this proposed ordinance, concerns were expressed regard- ing location, size, method of installation and liability. It was noted that Mr. Abbate, Building Inspector, had been requested to submit a report to the Town Commission regarding his survey of the Town with regard to this matter and an overview of the problem areas. Commis- sioner Scholz suggested that the numbers be placed near the driveways of each residence. Commissioner Robinson suggested that the Town pursue this matter as a "voluntary" matter by advising the residents of the safety factors involved. Mr. Williams noted that the voluntary method was being used in Gulf Stream. Mayor Stewart noted that this problem needs addressing inasmuch as the Fire Department works on a rotating basis and adequate identification of properties was necessary to insure safety. It was the consensus of the Town Commission that the Building Inspector provide the Town Commission with a report identifying the problem areas and what response for acceptance of such a requirement could be surmised by those properties affected. When questioned about Town liability in such a requirement, the Town Attorney stated that he did not see this matter as any maintenance problem which would create a • liability such as the previously considered "ocean warning sign" ordi- nance. This matter will be addressed at the April Regular Meeting. 4. PROPOSED ORDINANCE PROVIDING FOR THE PROTECTION OF SEA TURTLES. Mayor Stewart noted that this matter was still under consideration by a sub-committee of the Beaches and Shores Council, and therefore, this matter was deferred until the April Workshop Meeting. The Hoffman/Broadview matter was again discussed, with a letter from Attorney Slinkman dated March 25, 1987 cited. Said letter indicated that Attorney Slinkman would not be available for discussion of this matter at the April 7, 1987 Regular Meeting. A special Workshop Meeting to discuss this matter was scheduled for 1:3(~ P.M. April 15, 1987. REPORTS - TOWN COMMISSION Mayor Betty Jean Stewart - Mayor Stewart noted that informational files had been set up for the convenience of the Town Commissioners in the Town Commission Office within Town Hall. Mayor Stewart stated that the Town Commission Members should request any additional desired information from the Town Manager. • • Town Commission Working Meeting March 31, 1987 Page 5 of 7 A request from Ocean Ridge for support of a Resolution urging the South Lake Worth Inlet Commission and the Palm Beach County Board of County Commissioners to comply with a request to provide increased sand transfer to the downdrift side of the South Lake Worth Inlet was then taken up. Due to factors stated in the Resolution of which the Town of Highland Beach has no personal knowledge of, it was the consensus of the Town Commission that the Mayor write a letter of support to the Town of Ocean Ridge rather than adopting the Resolution as submitted. Mayor Stewart recommended that the Town appoint a Water Resources Board to review the engineering studies done by the Town's engineers, Camp Dresser and McKee, due to the significant long term effects that the implementation of these studies and recommendations would have on the Town. Tt was the consensus of the Town Commission that the creation of this Board would be duplicating work already accomplished by the Town Commissioners and is unnecessary. The Town Manager will supply a memorandum to the Town Commission prior to the April Regular Meeting delineating the staffing in the Finance Department. • Vice Mayor Mary Louise G. Blosser - Vice Mayor Blosser noted the speed zone evaluation submitted by the Department of Transportation indicating that decreasing the speed through Town was not feasible at this time.. Mr. Williams will submit a recent traffic count to the Town Commission at the request of the Vice Mayor . Regarding the Town Manager's memorandum of February 24, 1987, Vice Mayor Blosser requested a memorandum from the Town Manager elaborating the overall goals and role of the Water Management District. At the request of Vice Mayor Blosser, Town Manager Williams will check on the installation of a gate on the eastern Drexel Property. Commissioner John J. Basso - Commissioner Basso stated that the Town should be beautified with flowers and shrubs, particularly around Town Hall to motivate other property owners to do the same. Mr. Williams noted that the Garden of Eden had already been contracted to do this work, however, they had been delayed due to bad weather. Commissioner Basso also felt that the Police Station should be upgraded with the curbing being painted white. C Town Commission Workshop Meeting • March 31, 1987 Page 6 of 7 Commissioner David T. Robinson - Commissioner Robinson expressed his gratitude to the voters on his election and stated that he was looking forward to working with the rest of the Town Commission in providing good government in Highland Beach. Commissioner Robert F. Scholz - No report. REPORTS - TOWN ATTORNEY Attorney Sliney reported that a Motion to Dismiss in the Boca Hi RPUD matter was scheduled for April 16, 1987. With regard to the Hoffman RPUD suit, a Motion was pending. With regard to the Hoffman Permit action, the hearing given earlier this day by the Town Commission was the process being followed. No trial date had been set in the Drexel matter at this time. • With regard to the action against Palm Beach County on the Jap Rock/ Milani issue, a hearing to try to obtain a temporary Restraining Order will be held on Friday afternoon, April 3, 1987. The County Commission will be addressing the approval of a contract on this property within the next several weeks. Commissioner Robinson commended the Town Attorney on the pre-trial Memorandum of Law submitted in this matter. REPORTS - TOWN MANAGER The Town Manager noted that the Financial Advisory Board had recommended that the Town Commission retain an outside consulting firm to conduct a wage and benefit survey. Mr. Williams will submit several proposals to the Town Commission prior to the April Regular Meeting for possible action. Mr. Williams noted that the County Commission today was authorizing the bond issue for $5,0910,000 in Sunshine Funds, $2,900,000 of which was earmarked for the Jap Rock/Milani acquisition. The Town's .opposition to this acquisition was submitted to the County for the record. Mr. Williams will submit a written policy regarding the Bel Lido r~:.~ghts- of-way maintenance at an early date. The March issue of the Bulletin was approved with several editorial . changes. • Town Commission Workshop Meeting March 31, 1987 Page 7 of 7 A recess was called at this time to conduct a Special Meeting. Upon reconvening the Workshop Meeting, the Town Attorney discussed the Town's present limits of liability insurance coverage pursuant to Mayor Stewart's earlier memorandum. Attorney Sliney also recommended that the Town Commissioners obtain copies of the 1986 Edition of the Government in the Sunshine pamphlet printed by the Office of the Attorney General. With regard to the Jap Rock/Milani issue, Vice Mayor Blosser requested that Chief Cecere obtain statistics from Chief Petracco of Boca Raton regarding drownings, disturbing the peace, etc., which occur at the Boca Raton public parks and beaches. There being no further business to come before the Town Commission at this Workshop Meeting, same was adjourned at 5:5(~ P.M. APPROVED: MA R BETTY JEAN STEWART VIC~'l MAYOR MAR LOUISE G. BLOSSER G6MMIS~'ON~F2 JOHN J. BASSO ~` ~ .>>r---- C MMIS O ER DAVID T. BINSON .-~...__ COMMISSION ROBERT F. SCHOLZ ATTEST: ~_ DATE : j~/~ ~~ ,.