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1986.05.27_TC_Minutes_Workshop. TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, May 27, 1986 1:30 P.M._ A Workshop Meeting 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 and Town Commissioners John J. Basso, William A. Grier and Betty Jean Stewart. Also present were Town Attorney Thomas E. Sliney; Town Manager Hugh D. Williams; Town Clerk Mary Ann Mariano; members of the general public. 86.1 Public Comments and Requests: None 86.2 Boards and Committees: No discussion. 86.3 Proposed Ordinances and Resolutions: 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROHIBITING THE CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES IN OR ON AUTOMOBILES. (1st Reading 5/6/86-Published 5/16/86) This proposed Ordinance was reviewed. Commissioner Grier expressed concern about the justification of duplicating a county ordinance, re- questing that Chief Cecere be available for comment at the June 3, 1986 Regular Meeting prior to its consideration. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA PROVIDING FOR THE LICENSING OF HOTELS, MOTELS AND DINING FACILITIES. (1st Reading 5/6/86-Published 5/16/86) Commissioner Stewart asked whether a provision mandating smoke detec- tors could be made a part of this ordinance. Attorney Sliney expressed hesitation in mandating hotels and motels to provide smoke detectors without requiring all condominiums to do the same. Maybe a separate ordinance could be proposed to handle this request. Further, the Town Manager noted that the state licensing of hotels and motels might require the smoke detectors and he would check on this and report back to the Town Commission. This proposed ordinance will be scheduled for further discussion and possible adoption at the June 3,1986 Regular Meeting. • • • Town Commission Workshop Meeting May 27, 1986 Page 2 of 7 86.6 Discussion re possible amendment to Sec. 18-3 (aircraft) The Town Attorney reported that he had researched this matter with regard to FAA regulations and indicated that the FAA did not regulate air space within 5001' of the ground. A proposed ordinance amending Section 18-3 to provide criteria for the landing of helicopters in Town to assist in the repair and/or replacement of air conditioning equip- ment etc. will be drafted by the Town Attorney for the June Workshop, along with information regarding the liability factors involved in the permitting of helicopters for such purposes. Vice Mayor Blosser also expressed concern regarding wind factors and felt that a hold harmless agreement should be made a part of any provisions that the Town might adopt. 86.8 Discussion re microwave lease Mr. Williams noted that he was continuing to gather information on the possible construction of a tower behind Town Hall to facilitate the antenna necessary to connect with the Boca Raton public safety communi- cations system. Further information will be given to the Town Commis- sion at the June 3, 1986 Regular Meeting. 86.10 Discussion re possible amendment to arbage and trash ordinance re pick up time <'° The Town Manager reported that County Sanitation will not begin picking up garbage and trash prior to 7:30 a.m. Further, a new system of col- lection implemented should alleviate some of the traffic problems caused by the trucks. This matter was tabled until October when the ~ County Sanitation contract is re-addressed. -~ 86.11 Discussion re "conceptual approvals" Although the Town Commission requested a recommendation regarding this matter from the Planning Board, it was noted that nothing had been received to date. There were concerns expressed regarding possible estoppel defenses which could result from such "conceptual approvals". Vice Mayor Blosser objected to even discussing anything on a conceptual level. Commissioner Stewart noted that there should be no voting in- volved in any conceptual discussions by any board. The Town Commission discussed the possibility of providing criteria for applicants requesting conceptual approvals. The Town Clerk suggested that appli- cants requesting conceptual approval be given a waiver to sign with the understanding that any conceptual "discussion" was in that just a dis- cussion and the Town could not be held liable for any promises that an applicant might construe to have been given. Also, the word "discussion" should be used rather than the word "approval", and all discussion should be limited to individual views only, rather than the • Town Commission Workshop Meeting May 27, 1986 Page 3 of 7 "board" giving any opinions. The Town Attorney will draft a proposed statement of waiver for the June 3, 1986 Regular Meeting, at which time this matter will be re-addressed by the Town Commission. 86.13 Discussion re Centel Cable Ground Lease ~\~ The Town Manager's memorandum dated May 21, 1986 was cited, which gave- recommendations regarding the rental of property being utilized by ~T Centel Cable, including Centel's proposal to expand their facility. The ~~. Town Commission felt that a more detailed plan needed to be obtained from Centel showing their proposed expansion. Also, the basis for any increase in rental should be obtained from a local realtor prior to setting any fees. Mr. Williams will discuss any potential negotiation with regard to the communications tower which the Town is in the process of gathering information on prior to any decision being made on this issue. Commissioner Stewart expressed her concern regarding the aesthetics of the present cable facility stating that anything done should require Centel to create and maintain a "park like" setting. Mr. Williams will find out what Centel will do about cleaning up its present facility, obtain a better detailed plan of what is proposed, get a good figure to base rental on, and get any suggestions that Centel might have with regard to the Town's antenna needs. This matter will be re-addressed at the June 3, 1986 Regular Meeting. i 86.14 Discussion re proposed Purchasing Manual A proposed Purchasing Manual as drafted by the Town Manager with a concurring recommendation for approval by the Financial Advisory Board was submitted to the Town Commission for review. It was the consensus of the Town Commission to adopt the Purchasing Manual by Resolution at the June 3, 1986 Regular Meeting. 86.15 Discussion regarding Milani property disposition Dr. Richard Orman was present, however, this matter was deferred until ~~, later in the meeting pending the return of Mrs. Milani, who had to leave the meeting to pick up her children. REPORTS - TOWN COMMISSION Mayor Edward J. Sullivan - Mayor Sullivan reported on the status of the statewide seat belt law, a request from the County Commission to support a bill to increase gas tax by 2 cents per gallon, and a recent television news report • indicating that the legislature is considering the weakening of the building code for coastal communities. Town Commission Workshop Meeting May 27, 1986 Page 4 of 7 r~ Mayor Sullivan also noted a letter received from former Commissioner Harry Bauer regarding the absence of the rescue van from the fire station. Discussion was also had regarding the possible fire service assessments for next year. Information regarding the current tax -.~' assessments in Town, along with information regarding the absence of necessary fire equipment will be submitted by the Town Manager for ~- discussin at the June Workshop Meeting. The Town Manager will supply tr`- details regarding present assessed values in Town in comparison to last;' year so that the Town Commission can evaluate the justification for any proposed increase in fire service fees. Further, the Town Manager reported that he had been consulting with Wackenhut re fire services and would invite a representative to the June Workshop Meeting. The Town Manager will supply available documentation prior to this present- ation. Vice Mayor Mary Louise G. Blosser - The Vice Mayor requested that the Town Manager transmit the Town's opposition to a proposed bill which constituted that family day care centers are a valid residential use. Commissioner John J. Basso - Commissioner Basso noted that the Delray Beach/Highland Beach Sewer Issue report as prepared by Greeley and Hansen had been upheld by the Court with Delray Beach being instructed to accept the payments in accordance with said report. The Town Manager delivered the first pay- ment in the amount of $16~1,0P10.00 to Delray Beach on Friday, May 23, 1986. Delray Beach has submitted a letter outlining their interpreta- tion of the additional payment terms, which letter will be reviewed by the Town's legal counsel, staff and Town engineers prior to any action by the Town Commission. The Town Manager noted that the reserved capacity should be reviewed as a means of possibly reducing the Town's bill. Commissioner William A. Grier - Commissiner Grier noted that he had submitted Camp Dresser & McKee's ~,, letter of April 17, 1986 to Dr. Weiss for comment, who in turn, dis- _ cussed the matter with water officials in Morristown, New Jersey. Thee recommendations of those officials was for the air stripping of the chamber and air recovery and/or actuated carbon implementation by the Town. Commissioner Bettv Jean Stewart - Commissioner Stewart reported that maintenance was needed on the Beach • Walk West site and requested information on the status of the sales Town Commission May 27, 1986 Page 5 of 7 • trailer. Workshop Meeting Commissioner Stewart also noted that with regard to the beach cleaning companies operating in Town, that these companies are unable to utilize the littoral zone to traverse the beach and should be made to comply with the Town's Code requiring letters of permission from beachfront property owners. Commissioner Stewart noted that she was concerned regarding the liabil- ity factors associated with the turtle program, citing Section 2.01 of the Town Charter prohibiting trespassing. Attorney Sliney stated that Steven Abrams of his office had done some research on this matter, and although a definite liability exists on the part of the property owners, there is no precedent known by Alan Huff of the DNR on this subject. Mr. Williams noted that the coordinator of the turtle program, Mr. Echeverria, did have a DNR permit, however, Commissioner Stewart requested information as to whether this group had any liabil- ity insurance in case of accidents. Attorney Sliney recommended that the people involved in the turtle program be contacted and urged to use the safest methods possible to stake the nests i.e. pens rather than wooden stakes which might cause injury to anyone accidentally falling on same. • 86.15 Discussion regarding Milani property disposition //, ~'- Noting Mrs. Milani's return to the meeting, this matter was now add- ~ ressed. Attorney Sliney recommended that the Town Commission listen to any presentation made and make minimal comment inasmuch as this was a "conceptual" discussion, the policy for which was under scrutiny by the Town Commission. Dr. Orman, representing Mrs. Milani, stated that they wanted to approach the Town regarding a density transfer from the east to the west side Milani tract in return for deed restricting the east side to single family use. Dr. Orman cites the Boca Hi and Coronado sites as those he felt had been transfer of density proposals. Dr. Orman also cited Maravilla as being a project wherein amenity rights had been transferred across AlA. It was noted by Dr. Orman that Mr. Milani had died in February of 1986 and Mrs. Milani was looking to settle all of the property matters. Dr. Orman said that it would be proposed to subdivide the east side into four buildable lots being 87' frontage on AlA with 100' frontage along the Coastal Construction Control Line. Dr. Orman stated that with a transfer of density from the east side, including the Milani residence site, to the west, there would be 64 units allowed, however, their proposal was to construct a 10 or 11 story building of 60 units. Following the presentation, Dr. Orman was advised that the Town Commission would be discussing the matter of conceptual reviews at the June Regular Meeting, after which they would be able to advise Dr. Orman how to proceed with the proposal. r 1 U • Town Commission Workshop Meeting May 27, 1986 Page 6 of 7 REPORTS - TOWN ATTORNEY The Interlocal Agreement between the Town and the City of Boca Raton for public safety communications service was discussed. It was noted by the Town Attorney that the proposed paragraph regarding indemnifying Boca Raton with regard to any negligence factors had been amended to provide the Town's limitation in such matters to negligence directly caused by service within the Town of Highland Beach. The Town Commission was satisfied with this new draft and this Agreement will be placed on the June 3, 1986 Consent Agenda for approval. Attorney Sliney also reported on a recent hearing regarding Broadview ; Savings and Loan (Hoffman) in which Judge Stewart approved the Town's ~~ Motion to Quash (dismiss), on the grounds that the Mandamus as filed ~- was defficient. Attorney Sliney reported that the matter of impact fees was being re- viewed by the Financial Advisory Board and would be re-addressed upon • receipt of their recommendations. With regard to the earlier discussed "open container" law, Attorney Sliney reported that the State Attorney's office would handle all appeals to citations issued on this matter. It was the recommendation of Attorney Sliney that inasmuch as the Town would recover the fines collected under a municipal ordinance, that the Town should in fact adopt the proposed Ordinance scheduled for the Regular Meeting. The matter of newspaper racks was discussed. The policy of Boca Raton requiring aesthetically attractive screening and covering of the racks was discussed. Commissioner Stewart cited the landscaping and paving area utilized by the City of Delray Beach at one of their newsrack locations. The Town Attorney will gather information on the method used by Boca Raton for compliance to the aesthetic upgrading of the racks and report to the Town Commission at the June Workshop Meeting. REPORTS - TOWN MANAGER The Town Manager cited a letter from the Town Attorney dated May 14, ~ 1986, which transmitted a letter from James A. Cherof, Attorney, ~, representing Drexel Investments, requesting discussion of the matter. `c~__ It is being proposed by Drexel that the Town consider an extension of rte: time on the project in return for a decrease in density. It was the consensus of the Town Commission that Mr. Sliney request a written proposal from Drexel outlining the exact details of their request prior . to this matter being considered. -1 With regard to a memorandum from the Town Manager dated April 16, 1986,x°' recommending allocation of the fees paid by Royal Highlands as a part "~,;r, t~ Town Commission Workshop Meeting May 27, 1986 Page 7 of 7 of their Settlement Stipulation, this matter was deferred until budget discussions are held. _ At the request of the Town Commission, the Town Manager will write letters to the State Legislators opposing pending legislation which will weaken coastal municipal building codes, as well as several pro- posed bills mandating employee benefits. Commissioner Stewart made a comment that with regard to Teron's submission regarding the proposed 100 year seawall, that hurricanes specifically had not been cited. Vice Mayor Blosser asked the Town Attorney as to the status of the Town's Comprehensive Plan. The Town Attorney assured the Town Commis-° Sion that the Comprehensive Plan was in full force and effect until either replaced or amended. ~ There being no further business to come before the Town Commission, this meeting was adjourned at 4:40 p.m. APPROVED: ward J. ~u~~ivan, Mayor Mares Lo}lise Sri. Blosser, Vice Mayor n J. B,,~,~so ~Qommissioner A TEST: CL K DATE: 7 Willfam A.-'Gr~i~r, commissioner Bett Jean Stewart, Commissioner •