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1986.03.04_TC_Minutes_Regular TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING U Tuesday, March 4, 1986 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 Vice Mayor Mary Louise G. Blosser, as well as Town Commissioners John J. Basso, William A. Grier and Betty Jean Stewart. Also in attendance 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: The following Minutes were submitted for approval: January 28, 1986 - January 31, 1986 - February 4, 1986 - February 10, 1986 - Workshop Meeting Special Meeting re Royal Highlands Regular Meeting Recessed Special Meeting re Royal Highlands Upon MOTION by COMMISSIONER GRIER/COMMISSIONER STEWART the Minutes were approved as published with all voting aye. Public Comments and Requests: Mrs. Doris Rome addressed the Town Commission reserving her right as Vice Chairman of the Planning Board to be heard during the discussion during the possible approval of the Clarification of Settlement Stipulation between the Town and Teron International, Inc. (Royal / Highlands), scheduled later in the meeting. Mr. Nat Pomerantz, President of Ambassador South Condominium Associa- tion also addressed the Town Commission speaking in favor of the proposed Clarification of Settlement Stipulation, stating that he felt that Teron and the Town had both acted favorably toward the concerns of Ambassador South. Mr. Pomerantz thanked both Teron and the Town for their cooperation in the matter. ~' Mr. Michael Dent requested a status report regarding the Bel Lido Bridge and was advised that the matter would be addressed later in the meeting. Town Commission Regular Meeting March 4, 1986 Page 2 of 10 REPORTS - TOWN COMMISSION: Mayor Edward J. Sullivan - No report. Vice Mayor Mary Louise G. Blosser - Vice Mayor Blosser commended the Highland Beach Police Department, especially Chief Cecere, and Officers Corsino and Walsh for the hand- ling of a delicate situation at Seagate of Highland. Commissioner John J. Basso - No report. Commissioner William A. Grier Commissioner Grier asked about the status of the Town Attorneys February 4, 1986 request involving the retaining of a professional planner to assist in the RPUD re-zonings. Commissioner Grier was advised that this matter would be scheduled for the March Workshop' Meeting. Commissioner Betty Jean Stewart - Commissioner Stewart reported that with regard to the Palm Beach Countywide Beaches and Shores Council, Erik Olsen, P.E., engineer to the Council, gave a slide presentation. Commissioner Stewart also '-t, stated that the Beaches and Shores Council had refused to consider the matter of the Holiday Inn Seawall because the Town Commission had not formally requested this matter be put on thier agenda. Commissioner Stewart noted that according to the Interlocal Agreement entered into by the Town with Palm Beach, all plans regarding coastal construction should be referred to the Beaches and Shores Council by the Town Commission. With regard to the Holiday Inn Seawall, it was noted that it was west of the Coastal Construction Control Line and therefore within the jurisdiction of the Town rather than the state. Commissioner Stewart noted that a recommendation was being considered by the Beaches and \~~:~~ Shores Council to expand the existing Interlocal Agreement to provide ~.,~4 review of projects landward of the CCCL. The Town Manager expressed that his position was that this would be giving away a local right to the County. This view was shared by the entire Town Commission, with Commissioner Stewart being instructed to relay the Town's opposition to this proposal to the Beaches and Shores Council. Commissioner Stewart then cited her memorandum of February 27, 1986 which recommended that the bike path be marked off in half mile segments for the convenience of those health conscious residents to walk same. Vice Mayor Blosser stated that she felt any markings on J Town Commission Regular Meeting March 4, 1986 Page 3 of lfd the bike path would conflict with driveways and other cautionary markings already existing. Further, Vice Mayor Blosser felt that anyone who had an interest with distance walking would use a pedometer or mark mileage with their automobile. Commissioner Basso noted that the marking being recommended by Commissioner Stewart only needed to be a small marking and should not cause any problem. MOTION was made by COMMISSIONER STEWART/COMMISSIONER BASSO that half mile distances be marked on the bike path at half mile intervals for those health con- scious residents, to be 2" x 12" in a color which would not conflict with any other markings on the path. Upon roll call vote, Vice Mayor Blosser voted no. The Mayor, as well as the other three Commissioners voted aye, with the MOTION carried 4 to 1. During discussion, the Town Manager recommended that the color white be used which would not conflict with any other markings and would allow ample visibility for those residents utlizing the distance markings. REPORTS - TOWN ATTORNEY: The Town Attorney noted his submission of the proposed. final draft of the Clarification of Settlement Stipulation between the Town and Teron . International, Inc. (Royal Highlands), noting the amendments which had ~~ been agreed to at the last Special Meeting held for that purpose. Further, Attorney Sliney noted that a Resolution had been submitted authorizing the execution of the Clarification by the Mayor and suggested that the Resolution be read and adopted. Commissioner Basso noted that the heirs and successors to Teron had not been cited in the Conditional Beach Access Agreement, which was a part of the Clarification. Attorney Moss, present, representing Teron noted that a subsequent draft of that document did include the provision Commissioner Basso requested. Commissioner Grier exgressed concern that Mr. Pomerantz might be under the impression that the matters referred to in the Exhibit Letter from Tenon to Ambassador South were final matters. Mr. Pomerantz noted that it was his understanding that this only represented avenues that would be persued and not necessary final determinations. Commissioner Stewart noted that on Page 3 of the Clarification, Line 3, the words "Community Appearance Board" should be inserted between the word "and" and the word "Application". This was agreed to by all. Vice Mayor Blosser noted that the provision of the rock revetment on the east side of the seawall would require DNR approval. Attorney Sliney noted that on Page 10 of the Clarification, the word • "not" should be omitted. Town Commission Regular Meeting • March 4, 1986 Page 4 of 10 In response to Commissioner Stewart's inquiry,, Mr. Lorenz Schmidt of Teron advised that their corporate address was 4104 Main Street, Post Office Box 959, Eaton Park, Florida 33840. Further, Mr. Schmidt noted that the corporate officers were: William Teron, President; Kate Kingsley, Secretary-Treasurer; and Lorenz Schmidt, Vice President. Commissioner Basso requested a copy of the corporate Minutes in which Tenon had authorized Mr. Schmidt to execute the Clarification. Attorney Moss stated that the only requirement in the Clarification was for the submission of a corporate resolution of authority, which had been submitted, however, would gladly forward a copy of the cor- porate Minutes to the Town for their records. The Resolution approving the Clarification and authorizing its execu- tion was then read, after which MOTION was made by COMMISSIONER GRIER/ COMMISSIONER BASSO to adopt said Resoution. Under discussion, Vice Mayor Blosser asked whether the approval of the Clarification would mean that the matter was "sealed in stone" and could not be reviewed again by the Court. Attorney Moss noted that nothing was "sealed in stone" and the Court could use whatever legal- . ities available to it in its discretion to again review the matter. Vice Mayor Blosser noted that she would have not voted to use the Clarification of Stipulation route in the settlement of this matter and felt that under the terms of same, Tenon seemed to be given options and benefits that the Town was giving up. Further, Vice Mayor Blosser stated that she felt that the Town could be jeopardizing its position with regard to both the pending and future litigation by entering into the Clarification and stated her intention to vote against same. Upon roll call vote, Commissioner Stewart voted aye, noting her long deliberation and concern over the number of units. Mayor Sullivan and Town Commissioners Basso and Grier also voted aye. Vice Mayor Blosser voted nay. The MOTION carried 4 to 1. The Town Attorney then reported on the pending Drexel matter, noting his opinion that the Town retain an expert witness regarding the DER ) ~-? processing to assist the Town in its litigation of the matter. The ;~ "~~'~~~ Town Commission agreed that this should be the route to follow. The i Town Attorney and Town Manager will prepare a joint recommendation four the retaining of such witness for the March Workshop Meeting. . -, Discussion then ,ensued regarding the upcoming Public Hearing being held by the Planning Board on March 26, 1986 with regard to the re- ~=~`~ zoning of the Boca Highland and Hoffman RPUD's, and Attorney Sliney's j.~,., • recommendation that a professional planner be retained to assist the Town with this matter. Attorney Sliney stated that it was his opinion I • Town Commission Regular Meeting March 4, 1986 Page 5 of 10 that the public hearing being held by the Planning Board was simply to solicit input from residents prior to the Board holding workshops to determine a recommendation for the re-zoning. At that time, requisite hearings would need to be held by both the Planning Board and Town Commission. Again, Attorney Sliney stressed the need for a profession- al planner to be retained in order to assist the Town with this matter as well as the upcoming review of portions of the zoning code. It was the suggestion of the Town Manager as well as Attorney Sliney that the firm of Gee and Jensen be considered inasmuch as they had worked with the Town on its zoning and would be familiar with the situation and have more background in the matter. The Town Manager noted that a firm \~' recommendation would be forthcoming at the March Workshop Meeting with regard to this matter. REPORTS - TOWN MANAGER: The Town Manager reported that at the last Municipal League Meeting, a county proposal to expand the definition of Municipal Service Taxing Units (MSTU's) had been submitted to the Legislative Delegation. This matter will be addressed again in the future. • Mr. Williams requested the Town Commission's consideration of the proposed 86/87 USGS contract for the testing of the Town's water. Mr. Williams noted that this year's figure was for $6,275 versus $5,44f~ ~~~ for last year due to the installation of the Town's new monitoring well. MOTION was made by VICE MAYOR BLOSSERfCOMMISSIONER BASSO to approve the contract, which MOTION carried unanimously. The Town Manager noted that with regard to an Interlocal Agreement between the Town and the City of Boca Raton for police communications services, the. City of Boca Raton was requesting action prior to March 25, 1986. It was noted that there were several concerns which needed addressing by the Town Commission and a Special Meeting was set for March 21, 1986 at 1P1:30 a.m. to review this matter. Mr. Williams noted receipt of the final draft of the Town's audit noting that he would be responding to three comments involving the deferred compensation plan, charges to the enterprise funds, and financial disclosure of public officials. The request for approval of the Holiday Inn Seawall was then taken up, with the memorandum of the Building Official, Bruce Sutherland, dated '~.•,;; February 28, 1986 being cited. Mr. Sutherland's memorandum gave a ~~' brief history of the project and the status of pending permits, noting that it was his opinion that this matter was within the purview of the Town Commission. Vice Mayor Blosser requested verification of which • plans were the most recent, with Mr. Sasso, representing Holiday Inn, stating that the plan with the revision date of 5/lg/84 was the most Town Commission Regular Meeting March 4, 1986 • Page 6 of 10 recent. At the Town Manager's request, Mr. Sasso agreed that the drainpipes be plugged and further that the seagrapes which are to be removed could be utilized elsewhere in Town if possible. MOTION was made by COMMISSIONER BASSO/COMMISSIONER STEWART to approve the seawall plan for the Holiday Inn. This MOTION carried unanimously. The Town Commission then authorized Commissioner Stewart, as its re- presentative on the Palm Beach Countywide Beaches and Shores Council, to seek review of this matter by that Council. The Town Manager will write an appropriate letter to confirm this action. Further, Mr. Sasso assured that he would present all necessary plans to the Beaches and Shores Council, and that he too would contact Mr. Clinger request- ing inclusion on the next agenda. REPORTS - BOARDS AND COMMITTEES: Although there were no Board Chairmen present, it was noted that written reports had been received by the Town Commission. A five minute recess was taken at this point in the meeting. PROPOSED ORDINANCES AND RESOLUTIONS: 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR THE POSTING OF OCEAN WARNING SIGNS. It was recommended that this matter be deferred to the March Workshop Meeting. 2. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, DECLARING THE ELECTION TO HAVE BEEN HELD ON THE 11TH DAY OF MARCH, 1986, TO BE UNNECESSARY SINCE THE ONLY CANDIDATES WHO QUALIFIED ARE UNOPPOSED. The Town Clerk gave a report stating that the two unopposed candidates were in fact qualified, after which she read the Resolution. MOTION was made by COMMISSIONER GRIER/VICE MAYOR BLOSSER to adopt the Resolu- tion, which MOTION carried unanimously. 3. A RESOLUTION SETTING POLICE FINES AND ADMINISTRATIVE FEES. This Resoution was read by the Town Attorney. It was noted that the effective date to be included in the Resolution should be April 1, 1986. MOTION was made by COMMISSIONER STEWART/COMMISSIONER GRIER to y adopt the Resolution. Under discussion, Chief Cecere stated that he °~'' had surveyed other areas and found that the highest charge for finger- printing was $4.0~J in Deerfield Beach, and that the amount cited in • Town Commission Regular Meeting March 4,1986 Page 7 of 10 the Resolution of $20.00 was excessive. The Town Commission felt that the cost should take into account the time involved and the fact that the police were taken off the street in order to accomplish the fingerprinting. It was the consensus of the Town Commission to reduce this charge to $15.00. It was further the consensus of the Town Commission to increase the charge for accident reports from $6.00 to $10.00 and the charge for certification of municipal liens from $6.00 to $25.00 due to the staff time and research involved. Commissioner Stewart and Commissioner Grier, who had made the original MOTION agreed to amend same to incorporate the changes made. A vote was then taken on the MOTION adopting the Amended Resolution which MOTION ~ carried unanimously. Chief Cecere noted that 2000 citations would be order at a copy of approximately $175.00. 4. A RESOLUTION ESTABLISHING A WEIGHT LIMIT ON THE BEL LIDO BRIDGE. This Resolution was read by the Mayor, after which MOTION was made by COMMISSIONER STEWART/COMMISSIONER BASSO to adopt same. Under discus- sion, it was noted that the weight limit as previously established had • been set at 15 tons versus the 20 tons being set by the subject Reso- lution. It was further noted that although there was no structural damage to the main portion of the bridge, some repair work on the wing walls should be incorporated into the next budget,,. Mr. Williams noted that a formal engineering report was being forwa d to the Town at which time a cost estimate for the repair work would be known. Also cited was a 1980 report from Wilbur Smith and Associates which stated that some repair work should be done by the Town at that time and that further potential repair work should be anticipated by the Town. It was noted that the recommended work had not been done in 1980 by the Town who was faced with same now. Upon discussion, it was the consen- sus of the Town Commission to amend the Resolution to establish the maximum weight load limit at 15 tons. Administrative action will be taken to assure the compliance of this limit by both garbage trucks and other construction vehicles. After discussing potential liability concerns, it was further agreed that the Resolution be amended to refer to the maximum weight load at 15 tons "as provided by posted sign and violators will be prosecuted". Commissioner Stewart and Commissioner Basso agreed to amend their original MOTION to include these changes, after which the MOTION carried unanimously. 5. A PROPOSED RESOLUTION REGARDING MANATEE PROTECTION. It was the consensus of the Town Commission that this proposed Resolu- tion be persued. This will be drawn to conform to the Town of Highland Beach and placed on the March Workshop Meeting Agenda. T own Commission Regular Meeting • March 4, 1986 Page 8 of 10 ITEMS LEFT OVER: It was noted that Items 1 and 2 regarding a report and further propo- sal from Camp Dresser & McKee (the Town's engineers) would be taken up at the Special Meeting already called for March 21, 1986 at 10:30 a.m. The matter of the Holiday Inn Seawall (Item 3) had been taken up earlier in this meeting. Regarding Item 4 involving a proposed increase of cable television franchise fees and Item 5 involving improvements at Town Hall, Mayor ~~ Sullivan noted a recommendation to defer these matters to the March rw- Workshop Meeting. Commissioner Stewart noted that with regard to improvements at Town Hall, specifically the alleviation of standing water in front of the Library building, the Town might want to consider some action prior to the rainy season. Vice Mayor Blosser requested that the Town Attorney research the ~~: . matter of the pending conceptual approval on the Maravilla site. ~;~_ Attorney Sliney will give a report as soon as possible on this. L Vice Mayor Blosser was granted permission from the Town Commission to persue working with Chief Cecere regarding procedures for safety and assisting the elderly in Town. Mr. Williams stated that a proposed Ordinance regarding impact fees would be on the March Workshop Agenda. Commissioner Stewart requested that inasmuch as it was still early in the afternoon, some of the deferred items be taken up. With regard to the pending Ocean Warning Sign Ordinance, it was the consensus that this matter be discussed at the March Workshop Meeting. Vice Mayor Blosser, however, requested a report from the Town Attorney as to the reasons the Town was dismissed from the Stutting case (drowning case) to determine whether any liability factors were- involved prior to proceeding with the proposed Ocean Warning Sign Ordinance. ~, The next matter taken up was the matter of a possible increase in r/' franchise fees for cable television from the existing 3%. A ~.rE memorandum written by the Town Manager dated February 21, 1986 was ';% discussed. Options discussed also included the possible increase in ground rent. The Town Manager also indicated that Centel had expressed • an interest in expanding their facility behind Town Hall. The Town Manager will find out the amount of franchise fees being collected by ,~ Town Commission Regular Meeting March 4, 1986 Page 9 of 10 Boca Raton and Delray Beach. The Town Commission expressed a concern for the possible pass-thru of any charges to Town residents. The Town Attorney indicated that he would have to research the matter as to federal regulations as well as the Town's present franchise ordinance. MOTION was then made by COMMISSIONER BASSO/MAYOR SULLIVAN to have the Town Attorney prepare an ordinance increasing the franchise fee from 3% to 5% for discussion. Commissioner Grier noted that the Town's possible revenue increase versus the decrease in tax bills might not be advisable. The Town Manager will ask that representatives of Centel Cable appear at the March Workshop Meeting to answer the concerns of the Town Commission regarding pass-thru, etc. The vote was then taken on the MOTION and passed unanimously. < ___. __~ The bills for approval were submitted as follows: Board of County Commissioners $15,763.19 Broward Electric Motor Repair 1,022.90 Camp Dresser & McKee, Inc. 4,950.00 F1. Municipal Liability Insurers 4,018.010 F1. Municipal Self-Insurers 1,155.00 Harvel & Deland 2,418.36 HTE, Inc. 5,031.00 IBM 12,834.00 TOTAL.. ................... $47,192.45 -,- MOTION was made by COMMISSIONER BASSO/COMMISSIONER GRIER to approve the bills as submitted, which MOTION carried unanimously. The Town Manager reported that the general budget program on the computer would be on line and completed within one month. After this program is operating, the payroll program will be implemented which should also take approximately one month. Mr. Williams anticipates that the Utility Billing Program will be operational with the July utility bills. The matter of Mr. Williams' memorandum of February 6, 1986 regarding improvements at Town Hall was then discussed. Mr. Williams reported that guttering had been installed on the south building. With regard to the north driveway, Mr. Williams noted that most of the problems had been alleviated by having the fire department personnel wash their vehicles in a location other than in front of the fire house. The only other time there is standing water is after a rain, which water subsided within a reasonable amount of time, accord- ing to Mr. Williams. Mr. Williams suggested that the matter of the south driveway not be addressed at this time, due to cost factors, Town Commission Regular Meeting March 4, 1986 Page 10~ of 10 • however, maybe a catch basin might be considered. With regard to the south end, the problem with standing water is caused by the angle of the blacktop. Mr. Williams stated that this could be alleviated by paving to allow flow lines to drain into the mosquito ditch. With regard to the standing water in front of the library building, this should be handled by pavng to establish a flow line to drain it to the south side of the property. Commissioner Stewart again expressed her concern that the matter be considered before the rainy season. The Town Manager noted that All-Rite Paving had indicated that they could handle the project, however, other quotes will be solicited and reported back to the Town Commission. The final matter taken up was Commissioner Basso's suggestion to consider the licensing of non-conforming use motels in Town and requiring health inspections of same. Additional information will be gathered on this matter which will be re-addressed at the March Workshop. The Town Attorney will research the matter and will include penalty provisions for violators. The Building Official as well as the Police Department will be asked for their input to identify Lose structures operating as motels. Commissioner Stewart also noted that the sign requirements differ for motels and condominiums which might be used as an additional criteria by which to identify these motels. Vice Mayor Blosser requested that a list be made up of the existing motels and permit dates to determine their non-conforming deadlines. There being no further business to come before the Town Commission at this time, the meeting was adjo d at 4:2 p.m. APPROVED: Edward J. llivan, Mayor Marx ouise~ Blosser, Vice Mayor sso, C~rli-~hissioner William A. Grief`, Commissioner Be y Jean Stewart, Commissioner TTEST: N CL R ~ •D AT E : mod/