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1987.05.05_TC_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA ~ Minutes of Meeting of Town Commission REGULAR MEETING PUBLIC HEARING Regular 1:30 P.M. Tuesday, May 5, 1987 Public Hearing 5:01 P.M. The Regular 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 and Commissioners John J. Basso, David T. Robinson and Robert F. Scholz. Also present were Town Attorney Thomas E. Sliney, Town Manager Hugh D. Williams, Town Clerk Mary Ann Mariano and various members of the gener- al public. Roll call was taken, after which the Pledge of Allegiance to the Flag was given. Approval of Minutes: March 31, 1987 - Workshop Meeting April 7, 1987 - Regular Meeting April 15, 1987 - Workshop Meeting MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER ROBINSON that the Minutes be approved as submitted. This MOTION carried unanimously. Public Comments and Requests: Mr. George Harbin, speaking on behalf of Anna Harbin, President of the Bel Lido Homeowners Association, addressed the Town Commission urging the approval of a four way stop at the intersection of Bel Lido and Tranquility Drives, with a "Stop Ahead" sign at the bridge. Mr. Michael Dent, resident of Casuarina, reiterated his past requests that the Town Commission consider the purchase of breast microphones. Mr. Dent further noted his opposition to the proposed ordinance amend- ing the land use plan. Attorney Ken Slinkman, representing Paul and Camille Hoffman, noted his opposition to the proposed land use amendment ordinance, indicating that he would speak further on the matter later in the day at the appropriate time. Mr. Thomas Delaney, of Boca Hi Development Company, expressed his oppo- sition to the proposed land use amendment ordinance, also indicating that he would address the issue later in the day. Mr. Abraham Futernick of Coronado, noted a recent meeting with County Commissioner Ken Adams, at which the topic of water useage and conser- vation were topics, and urged the Town Commission to consider some sort of conservation measures, particularly with regard to irrigation. Town Commission Regular Meeting/Public Hearing May 5, 1987 • Page 2 of 9 Attorney John Corbett, representing the Connaught property, submitted a letter on behalf of his clients, requesting that no action be taken on the proposed land use amendment ordinance with regard to the Connaught parcel. Attorney Corbett noted that Mr. Connaught was ill and could not attend the meeting today, however, would be willing to attend any meeting held during the next week to discuss the proposed amendments. With regard to the agenda, Mayor Stewart requested that Proposed Reso- lutions and Ordinances be taken up last, and that within that item, the proposed ordinance dealing with the amendments to the Comprehensive Plan be addressed lastly to allow ample time for citizen input. Mayor Stewart also noted that the item regarding receipt of a report from Camp Dresser & McKee, the Town's engineers, would be deferred to a later meeting. MOTION was made by COMMISSIONER BASSO/COMMISSIONER ROBINSON that this change be approved. This MOTION carried unanimously. REPORTS - TOWN COMMISSION: Mayor Betty Jean Stewart - Mayor Stewart noted that a letter had been received from Mary Krueger • Ortlip thanking the Town Commission for their presentation of the "Premo d'Italia" award to her. With regard to the pending Sea Turtle Ordinance before the County, Mayor Stewart requested that the members of the Town Commission have any comments to her prior to May 8, 1987. Mayor Stewart also directed the Town Manager to have his comments to her by May 8, 1987. Vice Mayor Blosser expressed her concern regarding the lighting require- ments, citing the requirements for existing condos as set out on page 9 of the Proposed Ordinance, as well as requested information indicating the amount of nests within Town for the past several years. Mr. Williams expressed a concern that some of the streetlights in Town would not comply with the proposed requirements and felt that maybe a voluntary compliance method would be feasible. Mayor Stewart will await further comment on this item. Mayor Stewart noted that the Beaches and Shores Council will be review- ing the status of Palm Beach County projects, which includes the matter of Teron International. Mayor Stewart noted that the work being done now on Teron has not been reviewed by the Beaches and Shores Council. Also with regard to beaches, a listing of Statewide priorities with regard to beach restoration and renourishment has been published, with the needs of Boca Raton being ranked No. 2, and Delray Beach being ranked No. 8. Mayor Stewart also reported on several other activities and projects of the Beaches and Shores Council. • Mayor Stewart reported that flowers had been planted at the Southern "Town of Highland Beach" sign, noting that the sign was now aesthetic- ally pleasing. With regard to a recent request for funding through the Department of 1 Town Commission Regular Meeting/Public Hearing May 5, 1987 Page 3 of 9 • Community Affairs for assistance on the review of the overall Compre- hensive Plan, a contract has been received for signature which insures that those items listed in the Town's request, will in fact be funded through any granted amount received. MOTION was made by COMMISSIONER ROBIN50N/VICE MAYOR BLOSSER to authorize Mayor Stewart to execute said contract on behalf of the Town. This MOTION carried unanimously. Mayor Stewart noted the reports submitted by the Police Department giv- ing 1983 statistics versus 1986 statistics showing the increase in police activities. The Police Department was commended on their work. Mayor Stewart noted her attendance at the Palm Beach County Municipal League Meeting with the Town Manager. Mr. Williams will report on this meeting. Mayor Stewart reported on her attendance at a Quarterly Meeting of Palm Beach County Mayors where they discussed the possible settling of the Road and Bridge Suit. Mayor Stewart also noted that Palm Beach County has implemented a cooperative purchasing program for office supplies and paper to cut costs. This program will be brought to the attention of the Finance Director through the Agenda Action Report. The Mayors also commented on the cooperativeness of the new County Administrator. • Vice Mayor Mary Louise G. Blosser - Vice Mayor Blosser noted the lack of trimming of the property located to the north of Seagate. The Town Manager will check into this. Vice Mayor Blosser also noted that Lake Worth had implemented limits on the watering of lawns and felt that the Town of Highland Beach should begin consideration of conservation measures in this regard. Commissioner John J. Basso - No report. Commissioner David T. Robinson - No report. Commissioner Robert F. Scholz - No report. Vice Mayor Blosser then noted for information that NCNB had been merged with Pan American Bank of Tampa who would be notifying the Town of changes in administrative charges and fees. REPORTS - TOWN ATTORNEY: • Attorney Sliney and the Town Commission addressed a proposed Agreement between the Town and Broadview Savings and Loan, Sentinel Communities, d/b/a Hidden Harbor Development Co., Paul W. and Camille 0 Hoffman, and AMCO Properties. This Agreement was drawn pursuant to the Developers Town Commission Regular Meeting/Public Hearing May 5, 1987 Page 4 of 9 desire to obtain permitting in order to perform the Phase II work, as delineated in an April 3, 1987 letter from F. Kendall Slinkman and E. Lee Worsham to the Town. Both Attorney Slinkman and Attorney Worsham were present at this meeting. The following amendments were requested by the Town Commission: 1. Paragraph 4, Line 4, the word "or" to be omitted. 2. Paragraph 6, Line 4, the word "they" to be replaced with the word "developers". 3. Paragraph 6, Final sentence to be replaced with the following: "Developers acknowledge that a permit may or may not be issued. Developers acknowledge that any such permit may only be issued in conjunction with and upon concurrent issuance of a building permit for a permanent building." 4. Paragraph 8 (E) will be amended by the adding of the words "from the Intracoastal waterway eastward through the FTND property through the new mangrove catch basin area to the easternmost area of the north-south mangrove areas". • 5. Paragraph 9 will be amended by the addition of the following sentence. "The Town is to be advised of any future permit transfers prior to any transfer and shall approve same prior to the permit transfer". Attorney Slinkman and Attorney Worsham requested that the expiration date of November 1, 1987 be changed to "six months after issuance of the permit", however, the Town Commission did not agree to such request. After additional discussion, both Attorney Slinkman and Attor- ney Worsham felt that they would be agreeable to the November 1, 1987 date in the agreement. MOTION was then made by COMMISSIONER ROBINSON/ VICE MAYOR BLOSSER to approve the Agreement with the noted changes and authorize the Mayor to execute the Amended Agreement. This MOTION carried unanimously. Attorney Sliney then reported that the Ocean Terrace litigation matter had been appealed to the Fourth District Court of Appeals. REPORTS - TOWN MANAGER: The Town Manager then gave a report on the water useage status, noting that 1.812 gallons had been pumped yesterday. This useage rate may create problems with total S.F.W.M.D. quantity available under the permit. The Town Manager wants the Town to consider adopting a policy • for voluntary conservation methods and mandatory conservation methods. Although rain is expected later in the week, Commissioner Basso stated r Town Commission Regular Meeting/Public Hearing May 5, 1987 Page 5 of 9 that the Town needs to have a plan ready in case of emergency conditions. Mr. Williams noted that under the Town Code, the Manager and the Mayor had the authority to implement any measures necessary with regard to water conservation. The Town Manager will draft a proposed policy for consideration by the Town Commission at a Workshop Meeting scheduled for May 7, 1987. The Town Manager gave a status report on the installation of the new sewer pumps and the rebuilding of the present ones, indicating that the Town would now have one pump as a stand by in case of emergency. The Town Manager reported on a recent Palm Beach County Municipal League Meeting, noting that the League was presently undergoing changes in its by-laws and charter. Weighted voting will be an issue and Mr. Williams requested guidance on this matter. With regard to the Road and Bridge Suit, the County has again appealed this matter, however, this litigation should come to a conclusion shortly. The Municipal League will be approaching the County to urge the Water Management District to work out a water useage criteria in order to assure that there will be ample water sources for all municipalities rather than approved on a "first come-first served" basis. Mayor Stewart noted that this would be consistent with what was done in Broward County. Vice Mayor Blosser again asked Mr. Williams for a memo regarding the • goals of the South Florida Water Management District. REPORTS - BOARDS AND COMMITTEES: The meeting dates of the Town Boards were published. With regard to the Board of Adjustment, MOTION was made by COMMISSIONER ROBINSON/COMMISSIONER SCHOLZ that George P. Harbin be made an Alternate Member for a period of one year. It was noted that Mr. Harbin was a Talent Bank Applicant who had attended the most recent Board of Adjust- ment Meeting. This MOTION carried unanimously. REGULAR BUSINESS: A. Items Left Over - 1. Camp Dresser and McKee submission of long-term water supply plan report. (Deferred to later meeting) 2. Consideration of April 10, 1987 Memorandum of Town Clerk. It was noted that this memorandum requested acceleration through the Grade 16 steps to a Maximum salary of $30,004 from the present salary of $26,988. Comparison of the Clerk's salary to that of other employees was noted by Commissioner Robinson. Concern was expressed by some Town • Commissioners that due to the Town's impending Long and Associates Town Commission Regular Meeting/Public Hearing • May 5, 1987 Page 6 of 9 Study, that this request might .not be timely, however, it was noted that the request made was within the Town's present framework and did not include any rerclassification of the position. It was also pointed out that the Town Clerk had received no increase in salary since Octor ber of 1985 although additional duties and responsibilities had been assigned. MOTION was made by COMMISSIONER ROBINSON/COMMISSIONER SCHOLZ to approve the request of the Town Clerk to reach Maximum salary of $30,004, effective June 8, 1987. This MOTION carried unanimously with favorable votes. B. Consent Agenda -- a. Authorization to proceed with bidding process for repair of the Bel Lido Bridge wingwalls using aluminum seawall method. b. Approval of 4 way stop signs at Bel Lido and Tranquility Drives with "Stop Ahead" sign at bridge. MOTION was made by COMMISSIONER BASSO/COMMISSIONER ROBINSON to approve the Consent Agenda. Under discussion, the Town Manager noted that the • approved signs should be received and installed within one week. This MOTION carried unanimously. A ten minute recess was taken at this point in the meeting. Upon reconvening the meeting, the following items were taken up: PROPOSED RESOLUTIONS AND ORDINANCES: 1. 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 Rdg. 3/3~Pub. 3/13) The proposed ordinance was read in its entirety by the Town Clerk. It was noted that any fees received could only be used for the repair, im- provement and maintenance of the water system. MOTION was made by COMMISSIONER BASSO/COMMISSIONER SCHOLZ to adopt the ordinance. This MOTION carried unanimously. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 23, ENTITLED "SIGNS AND ADVERTISING", BY REPEALING SAME IN ITS ENTIRETY, AND ADOPTING A NEW CHAPTER 23 TO BE ENTITLED "SIGNS AND ADVERTISING" AS HEREINAFTER SET FORTH. This proposed ordinance was given a first reading by title only and moved to the May Workshop Meeting. • Town Commission Regular Meeting/Public Hearing May 5, 1987 Page 7 of 9 • 3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE "TOWN OF HIGHLAND BEACH, FLORIDA, FUTURE LAND USE PLAN 1982-2000" CONTAINED IN THE COMPREHENSIVE PLAN (ORDINANCE N0. 494) BY REDESIGNATING THAT PORTION OF TOWN LOT 2 A.N. THAT WAS FORMERLY KNOWN AS THE "B" AND "C" SITES OF FORMER RPUD-1 (NORTHERLY PORTION OF BOCA HI COMPLEX), TOWN LOTS NOS. 59, 60, 62, 65 AND 69 (WEST OF A-1-A ONLY) FORMERLY KNOWN AS RPUD-2, TOWN LOTS NOS. 15S AND 15N AND TOWN LOTS NOS. 56, 57, 58 AND 71 (WEST OF A-1-A ONLY) FROM MFM (MULTIPLE FAMILY MEDIUM) TO MFL (MULTIPLE FAMILY LOW); PROVIDING FOR THE APPROPRIATE REVISION OF THE PLAN; PROVIDING AN EFFECTIVE DATE. (1st Reading 4/7/87 - Published 4/16/87) Attorney Sliney read this Ordinance in its entirety, noting that a public hearing would be held at 5:01 p.m, after which action may be taken for the rejection, adoption, or adoption with amendments of the proposed ordinance. The following persons spoke in opposition to the proposed ordinance at this time: Ken Slinkman, Attorney, representing Paul and Camille Hoffman • Lee Worsham, Attorney, representing Broadview Savings Michael Dent, resident of Casuarina John Corbett, Attorney, representing the Connnaught Property Thomas Delaney, Boca Hi Development Corporation The following person spoke in support of the proposed ordinance at this time: Mark Schorr, Attorney, representing Braemer Isle Condo Assn. This Regular Meeting was then recessed until the 5:01 p.m. Public Hearing. PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN Tuesday, May 5, 1987 5:01 P.M. An advertised Public Hearing to solicit input and consider the adop- tion of an Ordinance amending the Comprehensive Plan of the Town of Highland Beach was called to order by Mayor Betty Jean Stewart at 5:01 p.m. in the Town Commission Chambers at Town Hall. Also present were Vice Mayor Mary Louise G. Blosser and Commissioners John J. Basso, • David T. Robinson and Robert F. Scholz. r ./ Town Commission Regular Meeting/Public Hearing May 5, 1987 Page 8 of 9 Also in attendance were Town Attorneys Thomas E. Sliney and David K. Friedman, Town Manager Hugh D. Williams, Town Clerk Mary Ann Mariano and approximately 100 members of the general public. The following Ordinance was then read in its entirety by Town Attorn -~.--..___ Thomas E. Sliney: AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE "TOWN OF HIGHLAND BEACH, FLORIDA, FUTURE LAND USE PLAN 1982-2000" CONTAINED IN THE COMPREHENSIVE PLAN (ORDINANCE NO. 494) BY REDESIGNATING THAT PORTION OF TOWN LOT 2 A.N. THAT WAS FORMERLY KNOWN AS THE "B" AND "C" SITES OF FORMER RPUD-1 (NORTHERLY PORTION OF BOCA HI COMPLEX), TOWN LOTS NOS. 59, 60, 62, 65 AND 69 (WEST OF A-1-A ONLY) FORMERLY KNOWN AS RPUD-2, TOWN LOTS NOS. 15S AND 15N AND TOWN LOTS NOS. 56, 57, 58 AND 71 (WEST OF A-1-A ONLY) FROM MFM (MULTIPLE FAMILY MED. TO MFL (MULTIPLE FAMILY LOW); PROVIDING FOR THE APPROPRIATE REVISION OF THE PLAN; PROVIDING AN EFFECTIVE DATE. (1st Reading 4/7/87 - Published 4/16/87) Mayor Stewart then opened the hearing to public comment. The following • persons spoke in opposition to the proposed ordinance: Michael Dent, resident of Casuarina Lee Worsham, Attorney, representing Broadview Savings Ed Anzek of Darby and Way, on behalf of Hoffman and Broadview W. Joseph Moss, on behalf of Hoffman and Broadview Neal Janov of Darby and Way, on behalf of Hoffman and Broadview Ken Slinkman, Attorney, representing Paul and Camille Hoffman Thomas Delaney, of Boca Hi Development Company Bruce Kaleida, Attorney, representing Boca Hi Development Company John Corbett, Attorney, representing the Connaught property The following persons spoke in favor of the proposed ordinance. Charles Arbetman, resident of Braemer Isle John Ward, Member of the Planning Board Doris Rome, Vice-Chairman of the Planning Board George Harbin, resident of Bel Lido Amelie Leng, Member of the Planning Board Lou Ferrara, resident of Wilshire House Juan Hofstetter of Boca Highland William E. Paul, resident of Russell Drive Mark Schorr, Attorney, representing Braemer Isle Town Manager Williams and Town Attorney Sliney then gave statements on behalf of the Town's position on this proposed ordinance. • Town Commission Regular Meeting/Public Hearing May 5, 1987 Page 9 of 9 The public hearing then adjourned at 6:55 p.m. to re-convene the Regu- lar Meeting for any proposed action to be taken. • Upon re-convening the Regular Meeting, the Town Commissioners made statements in support of the proposed Ordinance. Commissioner Robinson read a statement into the record, wherein MOTION was made by COMMIS- SIONER ROBINSON/COMMISSIONER SCHOLZ to adopt the ordinance amending the Comprehensive Plan. Upon roll call vote, this MOTION carried unan- imously with favorable votes. There being no further business to come before the Town Commission at this time, the Meeting adjourned at 7:00 p.m. APPROVED: E T: DATE: MAYOR BETTY JEAN STEWART r~'1 ' VICE YOR MAR ~ LOUISE G. BLOSSER C, MIS '~~E JOHN J. BAS50 ___ ~, C SSI NER DAVID T~\ROBINSON COMMISSIdN~R ROBERT F. SCHOLZ NOTE: DUE TO THE EXTENSIVENESS OF THE DISCUSSION REGARDING THE PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN ORDINANCE, THIS PORTION OF THE REGULAR MEETING/PUBLIC HEARING HAS BEEN TRANSCRIBED VERBATIM AND IS ON FILE IN THE OFFICE OF THE TOWN CLERK.