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1987.06.30_TC_Minutes_Workshop `-..J TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING i• Tuesday, June 30, 1987 1:30 P.M. A Workshop Meeting of the Town Commission was called to order by Mayor Betty Jean Stewart at 1:30 p.m. in the Town Commission Chambers of Town Hall. Also present were Vice Mayor Mary Louise G. Blosser and Town Commissioners David T. Robinson and Robert F. Scholz. Commissioner John J. Basso 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 members of the general public. 87,1 Public Comments and Requests: Mr. Abraham Futernick, resident of Coronado, addressed the Town Commisr sion requesting a status report on the THM project in Town. It was noted that this matter would be addressed later in the meeting. Mr. Michael Dent of Casuarina addressed the Town Commission stating his opposition to the proposed Building Moratorium Ordinance in light of the recent Supreme Court Ruling concerning land use. Mr. Bill Watson, representing Raymond VanDuren, owner of Lot 4, Block 2, also stated his opposition to the proposed Building Moratorium Ord i-- nance. Mr. Watson requested that the Town Commission consider the ex- emption of duplexes along with single family residences if such mora- torium ordinance were adopted, further noting that Mr. Van Duren had been delayed in requesting a permit due to architectural concerns and the consideration of a seawall. Nancy Graham, Attorney and associate of Lee Worsham, was present repre~ senting Broadview Savings and Loan. Attorney Graham stated that she had been unable to obtain a copy of the latest Camp Dresser & McKee re- port submitted to the Town which her firm was going to have reviewed by an independent hydrogeologist. Attorney Graham stated that it was the position of her firm that any building moratorium would be premature at this time. Broadview Savings and Loan will be represented at the Pub- lic Hearing scheduled for July 6, 1987 at 5:01 p.m. Mr. Futernick then re--addressed the Town Commission stating his objecr tions to the adoption of a building moratorium ordinance, however, felt that if the Town saw fit to adopt one, it should be inclusive of all properties with no exemptions. 87.2 Boards and Committees: Regular Community Appearance Board Member Guy Galizia's term expires in July. Mr. Galizia would be eligible for rerappointment only until Town Commission Workshop Meeting June 30, 1987 Page 2 of 11 April of 1988 under the six year limitation. There were no Talent Bank Applicants to be interviewed. 87.3 Proposed Ordinances and Resolutions: 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, TO BE DESIGNATED AS THE BUILDING PERMIT MORATORIUM ORDINANCE; RELATING TO SUSPENSION OF APPLICATIONS FOR BUILDING PERMITS FOR NEW CONSTRUCTION AND THE ISSUANCE THEREOF; MAKING LEGISLATIVE FINDINGS OF FACT; DECLARING THE LEGISLATIVE INTENT AND PURPOSE OF THIS ACT; DECLARING A MORATORIUM ON APPLICATIONS FOR AND ISSUANCE OF BUILDING PERMITS FOR NEW CONSTRUCTION; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Attorney Sliney noted that he had submitted a re-draft of the subject ordinance to update factual information. There will be a Public Hearing on this proposed ordinance on Monday, July 6, 1987 at S:Hl p.m. Prior to that Public Hearing, the ordinance will be revised with the follow- ing considerations: The fifth paragraph will be revised to indicate that the "inter connects" referred to are viable only for emergency situations. Further, that although the pumping capacity may be ample from the adjoining cities, that the interconnects to receive the water cannot accommodate enough to handle the Town's needs on a perman- ent basis. Also, although the Town's water supply would be com~ patible with Boca Raton, Delray Beach does not lime soften their water, thereby making same uncompatible. The eighth paragraph will be revised to indicate that once the Town's SFWMD permit expires on February 15, 1.989, there is no guarantee that same will be renewed. The twelfth paragraph will be revised to include reference to a letter from the Solid Waste Authority to Mr. Williams dated June 29, 1987 to further substantiate the concern that the Solid Waste Authority has with regard to accomodating the Town's solid waste. The proposed ordinance may be revised to include those recommen- dations as contained in a memorandum from Mayor Stewart dated June 26, 1987. Answering Vice Mayor Blosser's inquiry, Attorney Sliney stated that he would have a written opinion as to the applicability of the recent Supremem Court Ruling on land use prior to the July 6, 1987 Public • Town Commission Workshop Meeting June 30, 1987 Page 3 of 11 Hearing. Vice Mayor Blosser requested that the Town Attorney address the issue of what actually constitutes legal use of land i.e. develop- ment, sale, etc. Commissioner Robinson expressed his concern as to the length of time that such ordinance might be implemented, noting that initially, it was thought that such proposal would only be adopted for 6-12 months and not the proposed 18 month minimum suggested by the Town Manager. Both Commissioner Robinson and Vice Mayor Blosser noted their opinion that more input was needed from the Town Attorney prior to any determination being made on this issue. Commissioner Scholz asked whether it would be feasible to renew the ex- isting Resolution which suspended the issuance of building permits. Attorney Sliney stated that whatever determinations were made as to the recent Supreme Court Ruling with regard to a proposed ordinance would also be relevant in the renewal of the Town's existing Resolution which is due to expire on July 6, 1987. • Discussion took place regarding the Town's concerns as to the provision of water to accomodate any future growth. It was suggested that perhaps the Town could look into requiring developers to provide their own water source in order to procure a building permit. The Town Manager was requested to obtain information on this process from other areas in the state which do require such prerequisites to a building permit. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE TOWN CODE OF THE TOWN OF HIGHLAND BEACH, CHAPTER 18 ENTITLED "OFFENSES-MISCELLANEOUS" BY THE ADDITION OF SECTION 1817 TO BE ENTITLED "SMOKING WITHIN MUNICIPAL BUILDINGS PROHIBITED". Answering Vice Mayor Blosser's inquiry, the Town Manager stated that he had written a memorandum to the Town's Boards requesting a curtailment of any smoking within the Town Commission Chambers. Vice Mayor Blosser stated that she felt that the adoption of such an ordinance would be unenforceable. Commissioner Robinson asked whether the Town should consider the design nation of specific areas where smoking would be permissible. Attorney Sliney felt that in view of the recent Clean Air Act, that such an or- dinance could be enforceable whether the Town's designates a specific smoking area or not. This proposed ordinance will be placed on the July 7, 1987 Regular • Meeting Agenda for first reading. • • Town Commission Workshop Meeting June 30, 1987 Page 4 of 11 87.9 Discussion re conducting of updated Community Survey Mr. Williams memorandum of June 22, 1987, along with a copy of the 1976 community survey was noted. Commissioner Robinson stated that the sur- vey as submitted was outdated and that most issues listed on it were irrelevant at this time and such items as water, water conservation, growth, density, and funding of such items would be more of a vital concern today in Town. Vice Mayor Blosser noted that a survey had been taken in 1981 and ques- tioned whether the Town Manager had distributed that survey. It was noted that the 1981 survey had not been distributed and the Vice Mayor noted that she would see that her copy be distributed to the other Commissioners. Commissioner Robinson suggested that a group be formed to assess the current information to be used in the survey and recommend the items to the Town Commission. It was requested by the Mayor that this item be placed on the July and August Workshop Meetings and that all the Town Commissioners bring their recommendations to the July Workshop for con- sideration. Mayor Stewart noted that this survey would be an asset to the Planning Board during their pending zoning considerations. 87.14 Discussion re Concordia Properties (Town Lots 101 E/W) (Refer to letter of Philip Colman dated June 2, 1987) It was noted by Mayor Stewart that a letter dated June 2, 1987 had been read into the record at the June 2, 1987 Regular Meeting. Anne Carr, Director of Sales, representing Philip Colman and Concordia Properties, Inc., read an additional statement into the record, indicating that it was a statement dictated by Philip Colman. This statement is attached hereto and incorporated herein by reference. Attorney Sliney noted that his preliminary review indicated that there was still a problem with Mr. Colman's latest proposal in that it still exceeded the Town's height limitations as well as encroached eastward of the Coastal Construction Control Line. Vice Mayor Blosser read a memorandum into the record which she had requested from the Building Official dated May 10, 1987. Commissioner Robinson expressed his feeling that inasmuch as the Town had denied the first request, that any further reviews of this matter should be processed through the Planning Board prior to any consideration by the Town Commission. The Town Attorney was requested to provide a written response to Mr. Colman's June 2, 1987 letter with its supplement presented today at the July 7, 1987 Regular Meeting. Town Commission Workshop Meeting June 30, 1987 Page 5 of 11 87.16 Discussion re Department of Community Affairs Post-Disaster Redevelopment Rule It was noted by the Town Manager that an Agreement regarding post- disaster emergencies was required to be adopted prior to August 1, 1987 by the Department of Community Affairs. Mr. Williams further noted that he did not feel there were any requirements which would be detrimental or a problem to the Town for enforcement purposes. Attorney Sliney did not feel comfortable with the existing indemnity clause in the proposed Agreement and is reviewing same with a view toward amending it if possible. Attorney Sliney noted that this item could be handled by a simple Resolution authorizing the Mayor to sign the Agreement. Inasmuch as there is no scheduled Regular or Special Meeting scheduled prior to the August 1, 1987 deadline, it was suggest- ed that a Special Meeting be held in conjunction with the July Workshop Meeting to meet the deadline. REPORTS - TOWN COMMISSION Mayor Betty Jean Stewart ~- At Mayor Stewart's request, Bruce Sutherland, Building Official gave a status report on the Hoffman/Broadview matter. Mr. Sutherland noted that within 2--3 days, all work will be completed on Phase I of the pror ject. Answering Commissioner Robinson's inquiry as to the requirement of seeding the spoil containment area, Mr. Sutherland noted that this requirement was a part of Phase II of the project. With regard to Phase II, Attorney Sliney noted that the approved Agree ment was in the possession of the Hoffman/Broadview principals and had not been returned to him for the Town's execution. Nancy Graham, Attorney representing Broadview thought the Agreement was in the possession of Ken Slinkman, Attorney for Hoffman, but would check to find out what the delay in returning it was. Vice Mayor Blosser expressed concern as to a letter written from Attorr ney Slinkman to Attorney Sliney regarding an Army Corps permit exten- sion. The Town Manager will write a letter of inquiry to the attorneys for Hoffman/Broadview as well as the appropriate state agencies to find out the status of the permits on this project, with specific emphasis on a May 11, 1987 letter from the Army Corps noting deactivation of the permit. Mayor Stewart noted that she was withdrawing a May 7, 1987 memorandum regarding salary schedules. Vice Mayor Blosser requested the status of the Long study, and request-- r Town Commission Workshop Meeting • June 30, 1987 Page 6 of 11 ed that the Town Manager solicit the supporting documentation which lead to its conclusions. It was the consensus of the Town Commission that this matter be placed on the July Workshop Meeting Agenda for consideration. A proposed calendar regarding the review of the Camp Dresser & McKee Long Term Water Report as well as the 1987/88 F/Y Budget was then conr sidered with the following meetings being scheduled: Re Long Term Water Report: July 14, 1987 1:30 p.m. Workshop July 31, 1987 1:30 p.m. Workshop August 14, 1987 1:30 p.m. Workshop (Tentative) Re 1987/88 Budget: July 21, 1987 1:30 p.m. Workshop July 28, 1987 1:30 p.m. During Workshop Special Meeting to set Tentative Millage August 4, 1987 1:30 p.m. 1st reading of budget ordinance ., at Regular Meeting August 11, 1987 1:30 p.m. Workshop August 18, 1987 1:30 p.m. Workshop August 25, 1987 Ordinance carried on Workshop Agenda August 28, 1987 5:01 p.m. Public Hearing Sept. 15, 1987 5:01 p.m. Public Hearing and Special Meeting to adopt budget ordinance Vice Mayor Mary Louise G. Blosser -- Vice Mayor Blosser asked whether the resignation of the Finance Direc- tor should be acted upon by the Town Commission, however, it was determined that same would be unnecessary. Vice Mayor Blosser was advised that with regard to the Army Corps new dock regulations, that the Town had submitted no objections to same. Vice Mayor Blosser noted that the Manatee ordinance was to be added to this. Commissioner John J. Basso -- Absent. Commissioner David T. Robinson -- Commissioner Robinson deferred his report until the Town Manager add-- • _ ressed the Christmas Decoration matter. Town Commission Workshop Meeting June 30, 1987 Page 7 of 11 Commissioner Robert F. Scholz ~ No report. A five minute recess was taken at this point in the meeting. Upon re--convening the meeting, representatives from Camp Dresser & McKee, the Town's engineers, presented the Town Commission with their Long Term Water Supply Plan report. Present representing the engineers were Jay Ameno and Gary Whit, Sr. Hydrogeologist and Manager of the Water Resources Department of Camp Dresser & McKee. It was noted that the report contained analysis of thirteen solutions to the Town's water supply concerns, ranked according to cost. Mr. Whit noted that al- though the Town had approved construction of a new well, that this well was for the purpose of interim needs and did not increase the quantity of water. Several of the solutions were discussed with the engineers, with the Town Commission noting that more details on cost breakdowns would be necessary prior to any determinations being made, including cost factors of increasing the water treatment plant facilities to be able to pump 3 million gallons of water per day. (Estimated $82,500 plus engineering costs) Vice Mayor Blosser noted that there was no information included on any . utility easements which may be required and their cost factors. It was noted that representatives of CDM were meeting with Boca Raton City Manager, James Rutherford, tomorrow to discuss the possibilities in connecting with Boca Raton water lines. The Town Commission will get a report on this meeting. A concern expressed by Mayor Stewart was that the population figures used in the report were obtained from the existing Comprehensive Plan, and not factual figures as what presently exists in Town. The engineers were directed to the Building Department and Town Manager to obtain more accurate figures. Commissioner Robinson recommended that this matter be reviewed by the Financial Advisory Board for suggestions on creative financing of any of the plans. Mr. Williams noted that should the pending 1~ sales tax legislation be approved by the county, that the Town would receive funds which could be used for the implementation of a water quantity solution. It was the consensus of the Town Commission that the FAB be apprised of the report and given the Town Commission's tentative sched~ ule regarding the action proposed on this matter. REPORTS - TOWN ATTORNEY: Attorney Sliney noted that with regard to the Broadview litigation, a Motion for a Writ of Certiori was pending to quash the Comprehensive Plan amendments enacted by the Town, including a request for Declara- tory Judgment in the matter seeking relief also from the original RPUD r Town Commission Workshop Meeting June 30, 1987 Page 8 of 11 Ordinance. With regard to the Hoffman litigation, a request has been made by the Plantiffs to amend the Complaint to allege a damage count. This MOTION is pending and set for hearing on July 8, 1987. With regard to the Boca Hi litigation, a Motion is pending to allow the Braemer Isle Condominium Association to intervene in the action. The Itco Properties lawsuit, which is a companion case to the Ocean Terrace litigation has been inactive except for the filing of Interoga~ tories. The Ocean Terrace matter is under Appeal, with the Plaintiff's Brief due within approximately one week. With regard to the Ocean Terrace matter, the Town will be paying some of the legal costs to the insur- ance carrier, who has declined further representation subsequent to the dismissal of the action at the Circuit Court level. The Town will be paying one half of the costs in this regard. With regard to the pending Glendale Supreme Court Ruling on land use, . the Town Attorney will render a written opinion by Thursday of this week for review by the Town Commission prior to their Public Hearing on the proposed Moratorium being held on Monday, July 6, 1987. With regard to the Town's lawsuit against Palm Beach County on the Jap Rock/Milani property, Commissioner Robinson asked whether the Town had a valid action against the County for loss of tax revenue in their ac- quisition of this property. Mr. Williams stated that a possibility would be to ask for "payment in lieu of taxes" as done in other areas. Attorney Sliney suggested that the Town could possibly have a citizen intervene as a co--plaintiff in the lawsuit to make it a taxpayers lawsuit for economic reasons. Discussion then ensued regarding the Town Attorney's recommendation on the retaining of expert witnesses in the areas of traffic and land use. Vice Mayor Blosser noted that there were various points of view in Town regarding this issue, and further noted that the Regional Plan favors parks. Mayor Stewart stated that the Town should request the County to provide the Town with impact studies they felt were necessary rather than the Town having to pay for outside experts to do them. Attorney Sliney noted that if the Town ends up in court over the matter, he would not want to have to depend on the County's witnesses with regard to traffic, etc. Mayor Stewart noted that it would be up to the County, at that point, to defend any studies that they submit and did not feel that the Town should be put in a position at this time to expend funds in this regard. I • Town Commission Workshop Meeting June 30, 1987 Page 9 of 11 REPORTS -- TOWN MANAGER: As there were no objections to the proposed Investment Policy, with the exception of amending same to provide that any designee of the Town Manager must be approved by the Town Commission, a Resolution adopting same will be placed on the July 7, 1987 Regular Meeting Agenda. In connection with the Investment Policy, a Resolution authorizing the Town's participation in the Local Government Surplus Funds Trust Fund Account will also be placed on the July 7, 1987 Regular Meeting Agenda. At the recommendation of the Town Manager, with concurrence by the Financial Advisory Board, a Resolution to close the existing Sewer System Sinking Fund Account will be placed on the July 7, 1987 Regular Meeting Agenda. It was noted that Attorney Sliney had researched this matter as to the bond requirements and found that the closing of this account was not in conflict with any requirements. It was noted, how- ever, that $109.400 must be retained in a fund with a direct obligation to the United States. With regard to several expired sales office permits, the Town Manager will have the Building Official give a report at the July 7, 1987 Regular Meeting as to the safety and stability of the structures to determine whether permit extensions are in order. The Building Official will also report on the fences surrounding such structures. With regard to the proposal for consideration of a Telecommunications Service Tax, as recommended by the former Finance Director, the Town Manager's memorandum of June 22, 1987 was accepted as information. With regard to the Town Manager's proposal regarding Christmas decora- tions, Commissioner Robinson reported that he had obtained information which set a cost of purchasing and installation of white lights on the Town's shrubbery at approximately $900.010 with an additional $300.08 to cover the vegetation on the street side of AlA. Commissioner Robinson also made a statment that due to some of the existing needs within Town he did not feel that the Town should expend upwards of $4,500.00 as re- commended by the Town Manager this year for Christmas decorations and should approach the project in stages. The Town Commission concurred in this recommendation and felt that the recommended purchase of a tree for the amount of $1,399.50 would suffice for this year. The Town Manager noted that he had received three idential quotes for the pur- chase of the tree. The approval for the purchase of a tree in the amount of $1,399.50 will be placed on the Consent Agenda for the July 7, 1987 Regular Meeting. Commissioner Scholz left the meeting during this discussion. • With regard to the Town Manager's recommendations to place the matter Town Commission Workshop Meeting . June 3PJ, 1987 Page 10 of 11 of Fire Tax Legislation on the March election ballot, it was the con- sensus of the Town Commission to address this issue at the July Work- shop Meeting when a full Commission is present. It was noted that a request by Vice Chairman Rome of the Planning Board for file space within Town Hall had been handled administratively. With regard to the setting of criteria upon which to implement water restriction guidelines, it was noted that a Resolution which would utilize three wells as a basis for determination of emergency condi- tions will be placed on the July 7, 1987 Regular Meeting Agenda. With regard to the Mayor's request for a written report from the Town Manager on water conservation, Mr. Williams stated that such report will be submitted prior to the Regular Meeting. Mr. Williams noted that the 5~ service tax will go into effect on July 1, 1987 which will affect some services rendered by Town Hall. Mr. Williams also noted that County Sanitation may be required to pay a tax on solid waste, which amount would be passed through to the Town. This matter will be discussed in October when the County Sanitation contract is up for review. Mr. Williams noted that preliminary figures received from the Palm Beach County Fire/Rescue Department notes that fire service will be approximately $215,g~10 higher next year. Vice Mayor Blosser again re- quested that the Town Manager obtain reports from the fire department on the services rendered within Highland Beach. Mr. Williams requested authorization to attend a 1 day seminar on banks ing in Tampa at a cost of $40.00 on Friday, August 7, 1987. It was the consensus of the Town Commission that Mr. Williams attend unless a new finance person is hired by that time who would be more appropriate to attend. It was noted that the Retirement Board Meeting which had been scheduled for July 7, 1987 will not be held due to the necessary information not being received from the Financial Advisory Board at this time. The Retirment Board records will reflect the reason for such cancellation. There being no further business to come before the Town Commission at this time, the meeting adjourned at 5:30 p.m. i• v own Commission Workshop Meeting June 30, 1987 Page 11 of 11 APPROVED: I~ ATTEST: ,~~~ ~ DATE: MAYO BETTY JEAN STEWART VICE YOR MARY LOUISE G. BLOSSER COMMI S NER JOHN J .!~BA~S S~~O COMMISSIONER DAVID T. ROBINSON ~~ ~- --.- COMMISSIO ER ROBERT F. SCH ~.