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1987.08.04_TC_Minutes_Regular • TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, August 4, 1987 1:30 P.M. A Regular Meeting of the Town Commission was called to order by Mayor Betty Jean Stewart in Chambers at Town Hall. Also present were Vice Mayor Mary Louise G. Blosser and 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; Town Clerk Mary Ann Mariano and various members of the gener- al public. The Pledge of Allegiance to the Flag was given after roll call. At this time, a Resolution was offered by Mayor Stewart in memory of former Mayor Louis Y. Horton, who died on Saturday, August 1, 1987. The Resolution offered the Town's appreciation for former Mayor Norton's conscientious and devoted long years of service to the Town during the time he served as Mayor (over 13 years). Mayor Stewart noted that she had known former Mayor Horton for over 20 years and appreciated the service he had given the Town. The Resolution was read, after which • MOTION was made by COMMISSIONER BASSO/VICE MAYOR BLOSSER to adopt same. This MOTION carried unanimously. Approval of Minutes: The following Minutes were submitted for consideration: June 30, 1987 - Workshop Meeting July 6, 1987 - Public Hearing/Special Meeting July 7, 1987 - Regular Meeting July 14, 1987 - Workshop re Long Term Water Report July 14, 1987 - Special Meeting MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER ROBINSON to approve the Minutes as submitted. This MOTION carried unanimously. Public Comments and Requests: Mr. Jose Echeverria of Russell Drive, leader of the Turtle Program in Highland Beach, addressed the Town Commission noting his interest in the proposed Turtle Protection ordinance offering any assistance that he could give during the Town's deliberations on the matter. Mr. Michael Dent of Casuarina noted that his acquaintance, Jack Brady, was an expert on pension plans and recommended that the Town Commission • have Mr. Brady review any plan that might be considered prior to adop- tion. Mr. Dent also noted his opposition to the proposed smoking ordi- nance, citing that the State Clean Air Act covers municipalities. Town Commission Regular Meeting • August 4, 1987 Page 2 of 8 Ms. Anna Harbin, President of the Bel Lido Homeowners Association, addressed the Town Commission asking that some attention be given to the Bel Lido entranceway. REPORTS - TOWN COMMISSION: Mayor Betty Jean Stewart - With regard to a letter request from York Hannover Developments Ltd., dated July 14, 1987, Mayor Stewart requested direction from the Town Commission for a response. This letter asked whether the Town would be interested in the acquisition of Lot 71W (Connaught) inasmuch as it is adjacent to the present Town Hall property. It was the consensus of the Town Commission that more information was needed on the proposed costs, status of existing permits, etc., prior to any further action being taken. The Town Attorney was directed to respond to the July 14, 1987 letter and request additional information for submission to the Town Commission. With regard to the Mayor's July 23, 1987 memorandum recommending hurri- cane procedures, it was noted that a letter had been written by the • Town Attorney to the Town indicating that they had no legal comments on same. Commissioner Robinson asked that the Town consider the purchase of a boat or conveyance which would assist the Police Department should flood waters make automobile travel impossible. Further information will be obtained regarding the provision of a vacant apartment at Aberdeen Arms for use by the Police Department. Chief Cecere noted that the owner had offered the use of a second floor apartment to the Police Department, in cases of emergency. Commissioner Basso noted that the Town should be utilizing the existing water tower for the storage of Town records. With regard to the evacuation of records, Mayor Stewart noted that due to previous records being placed in safe deposit boxes, etc., the most recent records would be the ones to protect. Vice Mayor Blosser again noted her recommendation regarding a re-entry telephone in order to alert residents that it would be safe to return to Town. This matter will be further discussed at the August 25, 1987 Workshop Meeting. Mayor Stewart noted that the August 11, 1987 budget workshop meeting had been cancelled. Mayor Stewart noted her attendance at the July 8, 1987 COG Meeting at which Stanley Weaver, representing Lake Worth Drainage District, and Dr. Thomas Kelsey, representing Palm Beach Soil and Water Conservation District, were speakers. The emphasis of the meeting was the coordina- tion of efforts to conserve water. A Water Conservation Task Force is being appointed to study the problem and prepare a master plan. County funds will be requested to aid in the obtaining of geological data. C. • Town Commission Regular Meeting August 4, 1987 Page 3 of 8 USGS is preparing a study, with a first draft due in the fall and a final report due in January 1988. The concern of the wholesale nursery grower's was expressed with it being noted that 72 hours without water is enough to put them out of business. Some of the conservation methods mentioned were proper lawn planting and the use of treated sewage water on golf courses. Water use accountability will be addressed as a part of the report. Vice Mayor Mary Louise G. Blosser - No report. Commissioner John J. Basso - Commissioner Basso noted the good newspaper coverage that was received on the Town's intent to promote the Xeriscape concept of landscaping by using Town Hall as a model. Commissioner Basso urged the Town Manager to proceed as rapidly as possible on getting this project underway. Mr. Williams noted that he was coordinating with the South Florida Water Management District and was proceeding with the project. Mr. Williams further noted that he had obtained a videotape regarding the Xeriscape concept from SFWMD which was available in the Town Commission office. Mr. Williams will have a report on Xeriscape at the Workshop Meeting. Vice Mayor Blosser requested Mr. Williams to supply the Town Commission with statistical information as to the present landscaping water consumption and what is perceived to be consumed under the Xeriscape concept. Commissioner David T. Robinson - No report. Commissioner Robert F. Scholz - Commissioner Scholz noted that he had studied the proposed County Sea Turtle Ordinance and felt that it was too lenghty and involved for the needs of Highland Beach, with many provisions being unenforceable. A letter from Town Attorney Steve Abrams noted that unless the Town adopts a non-conflicting ordinance, it will be required to abide by the provisions of the County Ordinance. Commissioner Scholz noted that the ordinance adopted by Boca Raton dealt mainly with outdoor lighting re- strictions and would be more in line with the needs of the Town of Highland Beach in this issue. The Town Manager's May 11, 1987 memoran- dum on this matter was noted in which Mr. Williams recommended that the time frame of the proposed ordinance was excessive and should be de- creased. It was noted that the lighting did not deter the laying of the turtle eggs, but only affected the hatching of the eggs which would normally occur only during September and October. Commissioner Scholz stressed that the Boca Raton Ordinance dealt with the illumination of the beach itself and not with apartment lighting or security lighting. This matter will be further discussed at the August Workshop Meeting with a view toward drafting a proposed town ordinance. Town Commission Regular Meeting • August 4, 1987 Page 4 of 8 REPORTS - TOWN ATTORNEY: Attorney Sliney reported on the Broadview/Hoffman revised Letter of Credit, stating that same had been reviewed and was in order. Attorney Sliney also noted that an appropriate letter regarding the clearing of the bike path had been received. Mayor Stewart noted her concern in that the "original letter of credit" was cited in the documentation and wanted assurances that there was only one Letter of Credit existing on the project to adequately protect the Town. Attorney Worsham will sub- mit a letter of clarification to the Town Attorney noting that only one Letter of Credit exists after which Mayor Stewart will be in a position to sign the Broadview/Hoffman Agreement with regard to Phase II of the project which had originally been approved at the June Regular Meeting. The Town Attorney reported that he had written a letter to Mr. Pursell regarding his mortgage problem and advised that the Town was attempting to obtain information for review of its Code provision with regard to the re-building of non-conforming structures over 7Plo destroyed. Attorney David Friedman is reviewing and compiling information as to • the anticipated costs and time frames for requested experts with regard to the Jap Rock litigation against Palm Beach County. The Town Attorney has submitted, by mail, an article which deals with the Glendale land use case with regard to action by the City of Margate. Commissioner Basso discussed the voluminous amount of paperwork being copied and distributed to the Town Commission by the Town Attorney and the Town Manager. It was the consensus of the Town Commission that the items supplied by the Town Attorney were essential, however, items supplied by the Town Manager with regard to administrative matters will be cut down. REPORTS - TOWN MANAGER: Mr. Williams submitted a draft of a letter which he was preparing to have distributed to all of the Bel Lido residents regarding the pending construction work which will soon be underway for improvements to the Bel Lido Bridge wingwalls. Mayor Stewart noted the July 28, 1987 pre- construction conference held by Russel and Axon and asked whether the Town Manager was present and whether anyone from Bel Lido was advised so that they too could attend. Mr. Williams noted that nobody in Bel Lido had been advised. Mr. Williams further noted that he and the Chief of Police had left for the meeting, however, did not attend as . they did not have adequate instructions as to its location. Commission- er Robinson expressed his concern that all the residents in Bel Lido, especially those living adjacent to the subject wingwalls be fully in- formed as to the construction plans and time schedules. r Town Commission Regualar Meeting • August 4, 1987 Page 5 of 8 With regard to the Town Manager's proposed letter to the residents of Bel Lido, Mayor Stewart questioned how the residents travelling over the one open lane of the bridge would know when to move while the con- crete was being pumped from the east side of the bridge. Mr. Williams noted that a flagman would be utilized for this purpose. This fact will be incorporated into the letter. Mayor Stewart wanted assurances that the landscaping would not be damaged. Mr. Williams stated that the area would be videotaped prior to the start of work to assure that any areas affected would be restored. When discussing a portion of Mr. Williams letter regarding the vibrations that would be incurred along the properties where the construction will be taking place, Commission- er Robinson noted that this vibration would not be of the magnitude that a normal pile driving operation would be. The letter will be amen- ded to indicate a "minimal amount" of vibration will take place. It was also noted that Chief Cecere will devise a method to mark those vehicles which will be permitted to park along the Teron property dur- ing construction. Commissioner Robinson suggested that a sign be posted on the permitted parking site indicating that only vehicles permitted are allowed to park there. • The permitting of vehicles parked by construction workers elsewhere in Town was discussed. The Town Manager was asked for a recommendation as to the feasibility of requiring permits on all such vehicles. A report will be given by Mr. Williams at the August Workshop Meeting on this subject. The Town Manager reported that he had been contacted by a representa- tive of the Palm Beach County Health Department, as well as a representative of the Army Corps of Engineers, regarding the Hoffman site. According to the ACOE permit issued on this site, the destruction of unauthorized mangroves has taken place between 1Pl-20' into the perimeter of the authorized area. Hidden Harbor will be served with a County citation this week. It was noted that the COE permit expires on August 17, 1987 and will be automatically extended unless there is some communication from the Town to the Corps on this matter. Due to the Town's Resolution opposing the destruction of mangroves and due to the fact that a 56 boat dock marina (which the COE permit would allow) is no longer in the best public interest of the Town, the Town Manager re-commended that the Army Corps be asked to review this permit. MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER ROBINSON that the Town Man-ager and Town Attorney work together on a letter to the Army Corps of Engineers reflecting the Town's thoughts on this matter and requesting re-evaluation of the permit. This MOTION carried unanimously. The maintenance of the Bel Lido entrance was then discussed. The Town • Manager stated that the Town had a contract to cut the grass and a limited amount of hedge clipping at the entrance, and felt that those hedges being addressed by Ms. Harbin were on private property. This I • Town Commission Regular Meeting August 4, 1987 Page 6 of 8 matter will be researched further by Mr. Williams. Mayor Stewart noted that several months ago Mr. Williams was to provide a written policy with regard to the maintenance of the Bel Lido entrance which had never been submitted to the Town Commission. This matter will appear on the August Workshop Meeting Agenda for further discussion. REPORTS - BOARDS AND COMMITTEES: The various meeting dates of the Boards were noted on the Agenda. MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER BASSO to appoint Pamela J. Perona as a member of the Code Enforcement Board for a three year term. This MOTION carried unanimously. PROPOSED RESOLUTIONS AND ORDINANCES: 1. 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 18-17 TO BE ENTITLED "SMOKING • WITHIN MUNICIPAL BUILDINGS PROHIBITED". (1st Rdg. 7/7/87- Published 7/17/87) This ordinance was read in its entirety by the Town Clerk after which MOTION was made by COMMISSIONER BASSO/COMMISSIONER ROBINSON to adopt same. Commissioner Basso voted aye. Mayor Stewart, Vice Mayor Blosser, and Commissioners Robinson and Scholz voted nay. The MOTION DID NOT CARRY and the ordinance was not adopted. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA PRO- VIDING FOR UTILITY RATES, FEES AND/OR CHARGES, SPECIFICALLY AMENDING HIGHLAND BEACH CODE SECTION 11-13 OF CHAPTER 11 RELATING TO GARBAGE AND TRASH CHARGES. This proposed ordinance was given first reading and deferred to the August Workshop Meeting. 3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, TO EFFECT A TAX LEVY BASED UPON THE 1987 TAX ROLL OF THE TOWN OF HIGHLAND BEACH. This proposed ordinance was given first reading and deferred to the August Workshop Meeting. 4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPRO- . PRIATING FUNDS FOR THE FISCAL YEAR 1987-88, BEGINNING OCTOBER 1, 1987 AND ENDING SEPTEMBER 30, 1988. This proposed ordinance was given first reading and deferred to the August Workshop Meeting. I Town Commission Regular Meeting August 4, 1987 Page 7 of 8 5. AN ORDINANCE AMENDING THE CODE OF THE TOWN OF HIGHLAND BEACH TO REQUIRE THE PROVISION OF IMPACT STUDIES ON PROPOSED DEVELOPMENTS OF 4 OR MORE UNITS. This proposed ordinance was given first reading and deferred to the August Workshop Meeting. 6. A RESOLUTION ENDORSING THE EFFORTS OF "CITIZENS FOR SEVEN COUNTY COMMISSIONERS" TO ESTABLISH A REFERENDUM ELECTION AS EARLY AS LEGALLY POSSIBLE TO AMEND THE PALM BEACH COUNTY CHARTER TO PROVIDE FOR THE ELECTION OF SEVEN COUNTY COMMISS- IONERS SERVING STAGGERED TERMS OF FOUR YEARS; ONE COMMISSION MEMBER RESIDING IN EACH OF SEVEN DISTRICTS BEING ELECTED BY THE ELECTORS OF THAT DISTRICT. This Resolution was read in its entirety, after which MOTION was made by COMMISSIONER ROBINSON/COMMISSIONER BASSO to adopt same. This MOTION carried unanimously. A copy of this Resolution will be forwarded to each County Commissioner, as well as every municipality within Palm Beach County. • REGULAR BUSINESS: Items Left Over - 1. Report from Town Manager and Building Official regarding sales trailers with expired permits. A memorandum dated August 4, 1987 from the Town Manager was noted. It is the recommendation of the Building Official and the Town Manager that the permits for the sales trailers on the Concordia and Beach Walk West sites not be renewed, inasmuch as there are no valid building permits on these sites. This recommendation was accepted by the Town Commission who directed that the owners be given 45 days in which to remove said trailers after which a citation will be issued. The Build- ing Official will proceed in the enforcement of this item. 2. Discussion re proposal to draft Sea Turtle Ordinance. It was noted that this item was taken care of earlier in the meeting. At this time, the Town Commission recognized Mr. Mark Whitton of 1019 Bel Air Drive, a participant in the sea turtle program in Town. Mr. Whitton noted his concern in the lighting on the beach and urged that the Town Commission take action on this item as soon as possible. Mr. Whitton was advised of the Town Commission's intent to address this matter at the August 25, 1987 Workshop Meeting. • Town Commission Regular Meeting August 4, 1987 Page 8 of 8 3. Discussion re telephone bids received. The Town Manager's memorandum dated July 28, 1987 with regard to the telephone bids received was noted with it being his recommendation that the bid be awarded to Bel South in a total amount of $6,817 which in- cludes an uninterruptable power supply. The following Resolution was read by the Clerk: A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR A TELEPHONE SYSTEM BETWEEN THE TOWN OF HIGHLAND BEACH, FLORIDA, AND BEL SOUTH. MOTION was made by COMMISSIONER BASSO/VICE MAYOR BLOSSER to adopt the Resolution. This MOTION carried unanimously. Consent Agenda 1. Approval of Stanley Novak as Chief Accounting Officer at a salary of $26,000 contingent upon an acceptable Letter of Understanding being executed within 30 days. • MOTION was made by COMMISSIONER BASSO/COMMISSIONER ROBINSON to accept the Consent Agenda. This MOTION carried unanimously. There being no further business to come before the Town Commission at this time, the meeting was adjourned at 3:001 p.m. APPROVED: Betty '"Jean Stewart, Mayor Mary Louise Blosser, Vice Mayor n Rober • ATT T: T WN CL K DATE: f ~-7-~~ sso, C,~m~lssioner ~~ f "+'. ~'. Robinson" om/missioner :~ Scholz, Commissioner