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1986.03.25_TC_Minutes_Workshop./~ TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, March 25, 1986 1:30 P.M. A workshop meeting of the Town Commission was called to order by Mayor Edward J. Sullivan in the Town Commission Chambers at Town Hall. Also present were Vice Mayor Mary Louise Blosser and Commissioners John J. Basso, William A. Grier, and Betty Jean Stewart. Also present were Town Attorney Thomas E. Sliney; Town Manager Hugh D. Williams; Deputy Town Clerk Elizabeth L. Kolek, and members of the general public. 85.1 Public Comments and Requests: Mrs. Doris Rome, a Town resident, questioned why cable television Channel • 33 has been out of service for such a long time, complained that when the Centel Cable TV office was called, no satisfactory answers were given and asked if the Town Commission could see that this does not happen in the future. Mrs. Rome also stated that recently the Town's meeting notices were not transmitted via cable TV and felt that these meeting notices were very important to the residents. The Town Commission asked Mr. Russell Hutton, Centel Cable Television Company representative, to comment when Centel Cable TV is discussed on today's agenda. 85.2 Boards and Committees: The vacancy on the Code Enforcement Board was discussed briefly and will be discussed further when any recommendations are made and any applicants are reviewed. 85.3 Pro osed Ordinances and Resolutions: 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA PROVIDING FOR THE POSTING OF OCEAN WARNING SIGNS. (First Reading 2/4/86 - Publ. 2/14/86) After much discussion, the consensus of the Town Commission was to reconsider this ordinance after information obtained by Attorney Sliney was reviewed. Mr. Roberts letter stated that municipalities enjoyed soverign immunity and failure to enforce does not jeopardize soverign immunity. It was also the consensus of the Town Commission that reminders about ocean safety should continually be published in the Bulletin. Commissioner Grier requested that this item be placed on the April 1 Regular Meeting Agenda for possible action. Town Commission Workshop Meeting March 25, 1986. Page 2 of 7 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA PROVIDING FOR THE REGULATION OF NEW DEVELOPMENT. After much discussion, it was determined that monies collected for impact fees must be used for capital projects of the Town and cannot be placed in the General Fund. How such funds are to be used must be designated in the ordinance. Attorney Sliney suggested that impact fees be used for utilities (water and sewer expansion). The Town Commission requested that Attorney Sliney do further research and submit a redraft of the ordinance prior to the April 29 Workshop Meeting. 3. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA REQUESTING AFFIRMATIVE AND IMMEDIATE ACTION BY THE STATE OF FLORIDA TO REDUCE MORTALITY RATES IN THE WEST INDIAN MANATEE POPULATION IN THE INTRACOASTAL WATERWAY. U After much discussion, it was determined that speeding of boats on the Intracoastal Waterway was the biggest hazard to the manatees. Commissioner Grier stated that No. 5 should designate the area where "idle speed" was desired. The consensus of the Town Commission was to add "within the limits of the Town of Highland Beach" to the resolution and eliminate Item No. 5 because Item No. 1 is sufficient to take care of the problem. Town Manager Williams stated that the reduction of and/or regulation of the speed for boats on the Intracoastal Waterway could better be accomplished if all members of the C.O.G. would cooperate as an area wide group in dealing with the Corps of Engineers, the D.N.R., and the Governor and his Cabinet. This resolution will be discussed further and considered for adoption at the April 1 Regular Meeting. 4. AN ORDINANCE INCREASING CABLE TV FRANCHISE FEES. -~---, (To be submitted by Town Attorney) ~~ (Representative of Centel Cable to be present) ~ ~... With regard to the comment made by Doris Rome about Channel 33 under =;~,, "Public Comments" earlier, Mr. Hutton stated the Scientific Atlanta company was working on certain crystals which should be accomplished within six weeks. The possible increase of cable television franchise fees was discussed, as well as the possibility of the Town increasing the ground rent. Centel would like to increase the size of the present building by approximately 14! by 20 feet, which would not need any addi- tional ground space and would be used for additional electronic equipment needed to update service to their customers (would not include a dish). Mr. Russell Hutton, Centel Cable TV representative, stated that any increase in the franchise fee (which presently the Town could increase from 3s to 5~ for basic level service) would be billed to the customer specifying that the increase was due to the Town increasing the franchis fee. He also stated that any additional fees charged by the Town would be considered in the company's operating costs. Mr. Hutton gave an update of the new F.C.C. rulings and how it would affect the Town. As of January 1, 1987, all rate regulation will disappear and the Town will no longer have any control on rates, etc. Mr. Hutton stated that Centel Town Commission Workshop Meeting March 25, 1986 Page 3 of 7 • would agree to an increase from $1410 per month to $200 per month for ground rent. The Town Commission requested that Centel Cable TV maintain the property better in the future than they had in the past and suggested that the grass be kept trimmed, no old equipment be allowed to remain on the property because it is unsightly and causes a hazard, and also suggested that the property could be further enhanced and made attractive by appropriate plantings (shrubs and flowers). The Town Commission asked that Mr. Hutton (Centel Cable TV) send an up to date copy of their liability insurance coverage for the Town's records, which Mr. Hutton agreed to do. He stated that their liability policy had not changed and that 30 days advance notice to the Town by the insurance carrier is required if the policy is canceled. The Town Commission requested that the Town Manager constantly keep up to date on liability insurance coverage that pertains to the Town. This ordinance will be discussed further with possible action taken at the April 1 Regular Meeting. 86.1 Discussion re Improvements at Town Hall Improvements to Town Hall were discussed which included catch basins (French drains), at a cost of $4,000.00 for both, in two low-lying areas in front of Town Hall and the much needed roof repairs to Town Hall, in addition to future repairs to the roof of the Library-Post Office building and the breeze way at Town Hall. Town Manager Williams stated that one bid has been received for the catch basins and the roof. He also stated that the firemen will wash their vehicles on the North side of their building which would keep some water from accumulating in one of the problem areas. The Town policemen will continue to wash their cars as before, during the 12 to 8 shift with permission from some condominiums. Mr. Williams stated that patches on the roof did not work. No bids were received on the advertised date of March 21, 1986. (An estimate was received from Gulfstream Roofing Co. in the amount of $12,000 which would include shingles and no warranty. Two other proposals were also given by Gulfstream for R=5 and R-10, 1 1/2 inch insulating factor.) Mayor Sullivan requested that a file be kept of all companies contacted regarding bids for each project of the Town. Discussion ensued as to what type of roof would be best and what type of insulation (if any) would be installed, which would determine the cost. F.P.L. estimates a savings of $60-$80 per month on cooling and heating with an R-10 rated roof. The Town Commission requested that the Town Manager gather more information as to costs for the different types of roofs discussed. This matter will be discussed further with possible action taken at the April 1 Regular Meeting. AT THIS TIME, MAYOR SULLIVAN REQUESTED A FIVE MINUTE RECESS. 86.2 Discussion re Bel Lido Bridge: Upon reconvening at 3:35 p.m., the Bel Lido Bridge was discussed. Town Manager Williams reported that the seawalls are flaking away but at the present time there is no structural problem with the bridge. The State mandated inspection discovered larger cracks in the wing walls. The Town's engineers, Camp, Dresser & McKee Inc., recommend repair of this to prevent a larger problem with the bridge later and also gave a report as to if this bridge should be a culvert crossing or causeway. The Town Commission felt that the history of the bridge should be looked into Town Commission Workshop Meeting • March 25, 1986 Page 4 of 7 and the prior reports on the bridge checked since the bridge was last renovated in 1979 and similar recommendations were made. Commissioner Stewart felt the same consulting firm should be contacted since they are knowledgeable about the history of this bridge and had also made a cause- way study at that time. Town Manager Williams stated that he asked C.D.M. to make recommendations for the Bel Lido Bridge because they are the Town's engineering consulting firm presently. More information will be gathered and the possibility of hiring the former consultant to make recommendations will be further discussed at the April 1 Regular Meeting. 86.3 Discussion re Expert Witness/Drexel Management: ,.._i` Attorney Sliney stated that authorization was needed for an attorney or '~-.~' expert witness to be hired to study the Drexel Management file, including the D.E.R. process, who would be able to testify for the Town in the up- coming trial in September or October. It was noted that the Drexel time- frame extension expires in July of 1986. This will be discussed further and possible action taken at the April 1 Regular Meeting. 86..4 Discussion re Retention of Professional Planning Consultant to assist Planning Board re Zoning Changes: -. • The possible retention of a professional Planning Consultant to assist r"~k~ the Planning Board regarding possible zoning changes was discussed. ~` Since one of the expired RPUD's had its County property taxes reduced, there was a question as to how it would affect zoning changes. Attorney Sliney stated that a public hearing will be held by the Planning Board on March 26, 1986 in order to gather comments from the public about the Boca Hi RPUD and the Hoffman property in question. Since there are two expired RPUD's presently in the Town, it was felt that a planner is needed to help review and guide the Planning Board, with the Town Commission as the final arbitrator, regarding possible zoning changes because litigation may result. Attorney Sliney asked the Town Commissions to authorize Town Manager Williams and himself (which the Town Commission did so authorize at this meeting) to interview some planners, via telephone, prior to the April 1 Regular Meeting, at which time this will be further discussed and possible action taken. REPORTS - TOWN COMMISSION: Mayor Edward J. Sullivan - Mayor Sullivan gave a report on joint liability, Federal Revenue Sharing (State allows no new taxes for recouping the loss of revenue sharing monies), uniform code for building construction in the. State (is proposed), Municipal Bonds (all new Municipal Bonds will possible be taxed), and stated that other sources of revenue must be investigated. C Town Commission Workshop Meeting March 25, 1986 Page 5 of 7 Vice Mayor Mary Louise G. Blosser - Vice Mayor Blosser reported that she had received complaints and inquiries regarding the recent use of a helicopter to install a new air-conditioning unit on the roof of an Ambassador's East condominium building which is across A-1-A from her building (Seagate), since presently the Code only allows the use of a helicopter for "emergency" purposes. She felt that since it was a windy day, that the hazardous condition was increased and that traffic should have been halted (by the Town Police Department) in that area during the installation. The company installing the air-conditioner did have a Town Permit. Vice Mayor Blosser also stated that if exceptions are to be made to the Code, a policy change needs to be made to allow this type of helicopter use. Vice Mayor Blosser suggested that since a Charter Review Committee will soon be needed, the services of some of the retiring board members should be sought for their expertise and knowledge of the Town. Vice Mayor Blosser asked for thoughts and consideration for an increase in remuneration and/or an expense allowance for the Town Commissioners and felt that the Town was losing some good people, due to the present funding. Commissioner Grier felt that the amount paid a Commissioner was not an important factor but placed importance on the willingness to serve. He did feel the Commissioners should be reimbursed for expenses. Commissioner Stewart felt that due to the size of the Town, present funding was adequate. Commissioner John J. Basso - No report Commissioner William A. Grier - No report Commissioner Betty Jean Stewart - Commissioner Stewart reported that the DeJoseph matter is being taken care of by the Building Department. Commissioner Stewart stated that she had received a complaint from a former Commissioner that a Post Office delivery vehicle has been driving on the bicycle-walking path at the South end of Town while delivering mail to the 3-4 plea units in that area. Since the bike-walking path is not built for such vehicles and because it is prohibited in the Town Code, the consensus of the Town Commission was that the Town Manager will write a letter to the Boca Raton Postmaster to advise him of the problem. 1 Town Commission Workshop Meeting March 25, 1986 Page 6 of 7 REPORTS - TOWN MANAGER: Town Manager Hugh D. Williams suggested that the Town adopt an Ordinance (which the Town's Police Department will enforce), similar to the one to be passed by the County Commission, to ban open alcohol containers in motor vehicles so that the Town could receive the revenue. He felt it should be limited to open containers in vehicles only. Commissioner Stewart felt that private property should be exempt and public and semi-public areas should be specified in the ordinance. The Town Attorney was directed to draft such an ordinance, including named specific areas and correct wording, which should apply to the Town. Town Manager Williams reported that the work has been completed on the water line under the Intracoastal Waterway to stop the leak and it will be pressure tested within the week, after which another report will be forthcoming. The Town Manager reported that he has given the Town Commission copies of a recent Legislative Datagram report and noted items on which he felt the Town should take a position. • Mr. Williams reported that the Town will vote NO on two resolutions proposed by the Municipal League at their meeting on March 26. REPORTS - TOWN ATTORNEY: Attorney Thomas E. Sliney reported on the status of the Maravilla ,~--° property at the North end of Town, which he said he researched and Ji'"'<~ has a very confused history. A Resolution was adopted by the Town i ~`~'~ on 4/2/85 approving the changes to the plat and Unity of Title. He stated that the owners, Sunrise-Frederick, had some loan problems in 1985 and therefore the agreements were never signed and the new Declaration of Restrictions and Unity of Title were never recorded. Attorney Sliney's office will run a title check to determine the present owner/s since the East and West sides are separate. Attorney Sliney felt that the Town could take action to get Zoning in Progress on this property to lower the density and felt that the RS (Residential-Single family) zoning could be changed to RE (Residential-Estate). Attorney Sliney suggested that the Town write to the owners to advise them of the status of the plat and advise them that they had 18 months from the last agreement to use the plat. It was the consensus of the Town Commission that the Town Manager write to the Planning Board to ask them to check into the rezoning of this property. ~~`' Attorney Sliney reported that he could obtain no information from ICMA regarding deferred compensation because there are no definitive guidelines (he also called the original writer) and no one had any Town Commission Workshop Meeting • March 25, 1986 Page 7 of 7 answers. You technically own the money, are subject to general creditors, participants select their own plan, etc. The State plans to propose legislation soon. Attorney Sliney suggested that the Town should write to its participants to notify them to bear responsibility to review their own investments, they can choose where they wish to invest. Presently they are basically mutual fund programs and are unlikely to go under. Attorney Sliney also suggested that the Town join a National or State Association of Administrators of a deferred compensation program for their help. The Town Commission requested that Attorney Sliney research and review the matter further and submit this information to them via a letter. Attorney Sliney reported that regarding the Delray Beach Sewer dispute, Delray Beach has requested an Evidentiary Hearing. His office will file an opposition to this next week. Attorney Sliney will advise the Town Commission of what type of hearing the judge. wants. Commissioner Basso inquired about the fees for inspections for motels in Town. Town Manager Williams stated he is waiting for two ordinances and will have a report by the April 1 Regular Meeting. • There being no further business to discuss at this Workshop Meeting, MOTION to adjourn the meeting was made by Vice Mayor Blosser/Commissioner Stewart at 4:50 p.m. All voted AYE. APPROVED: ~r Edward J. S 1 Ivan, Mayor Ma~,y Louise G. B1 sser, Vice Mayor asso, Comrg~'~sioner William A. Gr.~er,y Commissioner p~Jc.. Bett Jean Stewart, Commissioner TEST: G~-J N C R "DATE : ~ ,~