1986.06.03_TC_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
REGULAR MEETING
Tuesday, June 3, 1986 1:30 P M
The Regular 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 G. Blosser and 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; Town Clerk Mary Ann Mariano and members of the
general public.
The Pledge of Allegiance to the Flag was given after roll call.
APPROVAL OF MINUTES:
April 29, 1986 - Workshop Meeting
May 6, 1986 - Special Meeting re CDM
May 6, 1986 - Regular Meeting
Upon MOTION by COMMISSIONER STEWART/VICE MAYOR BLOSSER, the above
Minutes were approved as published unanimously.
. PUBLIC COMMENTS AND REQUESTS:
Mrs. Milani requested time at the end of the meeting to speak on the ~°;r„~
matter of her property. Mrs. Milani stated that matters discussed today _^i
would be rlevent to her presenation and therefore asked to be heard `-,
later, which request was granted.
Mr. Michael Dent addressed the Town Commission urging the use of breast
microphones in order for the public to hear the Commissioners voices
louder during the meetings. Mayor Sullivan advised Mr. Dent that
prices were being obtained to determine the feasibility of such
purchase.
Mr. Dent then addressed the matter of the Town's consideration of an
Interlocal Agreement with Boca Raton for public safety communications
services, which Agreement is scheduled later on the agenda. Mr. Dent
urged the Town Commission to re-consider joining with Delray Beach for
these services at less cost.
REPORTS - TOWN COMMISSION:
Mayor Edward J. Sullivan -
Mayor Sullivan cited a request from Chairwoman Marcus of the Palm Beach
County Commission urging the support of municipalities for a 2 cent gas
tax, part of which will be funneled through to the municipalities. It
was the general consensus of the Town Commission that this measure
would cost the Town residents more money than the Town would recoup and
therefore should not be supported. As noted by the Town Manager, only
municipalities representing 50g of the population would have to support
the measure for it to pass, and even if it did and the Town did not
Town Commission Regular Meeting
June 3, 1986
Page 2 of 1~
support it, the Town would still receives its proportionate share.
MOTION was made by COMMISSIONER STEWART/COMMISSIONER GRIER that the
Town Manager transmit the Town's opposition to this proposed gas tax.
This MOTION carried unanimously.
Mayor Sullivan noted the item on the agenda regarding a presentation by
Phillip Colman listed under his report and advised the Town Commission ~-;,'
that this item appeared at this point on the agenda due to the fact ~:1
that there was no other appropriate category for it. Both Vice Mayor
Blosser and Commissioner Stewart expressed concern that this item had '~'.
not been brought up at the Workshop Meeting, prior to it being sched- `~_
uled on this Regular Meeting Agenda.
Vice Mayor Mary Louise G. Blosser -
No report.
Commissioner John J. Basso
Commissioner Basso noted that with regard to the recent court ruling on
the Delray Beach/Highland Beach sewer issue, the City of Delray Beach
. had sent a letter outlining a payment schedule. The Town Manager noted
that the payment schedule as submitted was not in conformance with the
Greeley and Hansen engineering report and was being studied by the Town
staff, Town Attorney and Town engineer for comment. One item shown on
the payment schedule as proposed by Delray Beach was a charge recouping
funds for debt on a bond issue which the Town of Highland Beach did not
benefit from. It was pointed out that this item had been addressed in
the Greeley and Hansen report with the Town not being liable for same.
Mr. Williams noted that a meeting was in the process of being scheduled
with the City Manager of Delray and the Finance Director upon the
Finance Director's return from vacation in about two weeks. Mr.
Williams stated that Mr. Pennington, Delray City Manager, had agreed to
freeze the interest rate until this meeting is held and some agreement
is reached. Upon inquiry of Mayor Sullivan, the Town Manager noted
that there was never a legal responsibility on the part of Delray Beach
to inform Highland Beach of its intent to raise the rates, however,
ethically, there was a moral obligation just based on courtesy which
the City of Delray Beach did not exercise. Commissioner Basso stated
that the Town should go back to Court for a final resolution of the
matter, however, as Commissioner Stewart pointed out, this might be
premature until after the meeting between the two parties take place.
It was the consensus of the Town Commission that this matter be re-
addressed subsequent to the meeting of the appropriate city officials.
Commissioner William A. Grier -
Commissioner Grier noted that he and Mr. Peklenk of the Financial Ad- -`
visory Board had walked behind Town Hall to view the Centel Cable ~~~.~,
facility and were appalled at the disorder of the town property. Mr. `-%
Williams noted that he had requested the Maintenance Department to
clean the site several times, and would do so again and follow up to'/
Town Commission Regular Meeting
June 3, 1986
Page 3 of lf~
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of the property behind Town Hall as a park like site, with fencing, for
use by Town residents which matter will be discussed further at a ,%
future meeting.
see that this was done. There were several ideas expressed for the use
Commissioner Betty Jean Stewart -
Commissioner Stewart reported that she had attended a meeting of the
Palm Beach Countywide Beaches and Shores Council on May 12, 1986,
expressing her concern for the lack of attendance of some of the larger
communities. She expressed a concern that this lack of attendance
could give rise to voting on projects by smaller special interest
groups.
Commissioner Stewart stated that one of the matters considered was a
request from the Manager of Ocean Ridge to continue the sand transfer
by the Lake Worth sand transfer plant, the lack of which has caused
erosion to the beaches to the south. It was noted that jet pumping of
this sand was being considered. This matter was tabled until a later
date.
Disapproval by the Beaches and Shores Council was given to a project in
Juno Beach wherein a developer proposed to build a project east of the
Coastal Construction Control Line. This will be transferred to the
Governor by way of a recommendation.
Commissioner Stewart reported that the use of a proposed "bed tax" was
discussed with the uses permitted for the funds, one of which was
acquisition of property. This matter was tabled by the Beaches and
Shores Council until a later date.
The Beaches and Shores Council is still reviewing the contract with
Eric Olsen for engineering services.
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The next meeting of the Beaches and Shores Council will be held on June
9, 1986.
With regard to the previously noted "bed tax", Commissioner Stewart
reported that a meeting to discuss this proposal with the County
Commission would be held on June 5 at the Governmental Center, noting
further that the Tourist Development Council was opposing this measure.
Commissiner Stewart stated that should such a tax be adopted, the Town
would not qualify for any of the funds, however, funds would be availa-
ble for acquisition of property, which might affect the Town of
Highland Beach.
Town Commission Regular Meeting
June 3, 1986
i Page 4 of 10
A presentation was then made by Phillip Colman of Concordia Properties
Inc., Harry B. Smith, Attorney and Paul Twitty, Architect, regarding ;%~
Lots 101 E/W. `,=::->
`~~
Mr. Colman began by citing a May 15, 1986 letter to Mayor Sullivan. Mr. ~~
Colman stated that he had also submitted a copy of his remarks made to
the Planning Board at their meetings of April 9 and May 14, 1986. Mr.
Colman stated that he had received general approval from the Planning ~
Board on the plans he was submitting. It was proposed to build 68
units on the east side of Lot 101 with a Japanese Garden on the west
side of Lot 101, across AlA. Mr. Colman read the MOTION made by the
Planning Board which cited their recommendation contingent upon the
elimination of any legal obsticles. Mr. Colman and his representatives
requested that the Town Commission determine the procedure to allow the
request and refer the matter back to the Planning Board for their
consideration of final site plan review. Attorney Sliney noted that he
could not give the Town a clean bill of health on this matter, inasmuch
as the proposal was in violation of several Town codes and would re-
quire a waiver of the existing codes. It was the feeling of Mr. Smith,
attorney for Concordia Properties, Inc. that inasmuch as the site was
the subject of pending litigation, that negotiations could be partici-
pated in on this property. Mr. Paul Twitty explained several
conceptual drawings of the proposed Villa Mare project. Commissioner
Stewart expressed concern as to the limited side setbacks on the draw-
ings. There was discussion of areas in which the Town was concerned,
one of which being more of a benefit for the residents of the entire
Town if this project were to be approved. Mr. Smith pointed out that
under the present contract between the owners and Concordia Properties,
that Mr. Colman was in a position to dismiss the pending litigation on
the property. Another concern raised by Commisioner Stewart was what
would happen if a third party challenge the action of the Town Commis-
sion if the ordinances of the Town were violated in approving this
project. Vice Mayor Blosser was concerned about personal liability in
such a lawsuit. Attorney Sliney noted that the challenge by a third
party was always possible.
Commissioner Basso stated that the adjoining property owners should be
notified and their responses received prior to proceeding with this
matter. Mr. Smith and Mr. Colman noted that they were under a deadline
to complete this matter by the end of June.
Commissioner Grier made a statement indicating that the most signifi-
cant problem facing the Town Commission was that of the density trans-
fer but felt that the Comprehensive Plan stressed "open space" which
this proposal was allowing for. Commissioner Grier also stated that he
felt that the transfer of density section of the Town Code was ambigu-
ous and felt that to deny a builder the right to build a building
between two existing buildings at approximately the same height would
Town Commission Regular Meeting
• June 3, 1986
Page 5 of 10
not stand up in court. Commissioner Grier then made a MOTION that in
the Town Commission's power to settle pending litigation, this concept
be approved and referred to the Planning Board for final site plan
review. This MOTION died for lack of a second.
Mr. Colman made a statement to the Town Commission that he would be
willing to donate $10~,0PJ0.0~! to the Town to be used behind Town Hall
in the creation of a park, cut the proposed project to 55 units (re-
ducing the height by one floor), and give the Town a deed for the west
lot property and not create the previously discussed Japanese garden,
but still allow access to the Intracoastal. Vice Mayor Blosser ex-
pressed opposition to overriding the zoning ordinance.
A memorandum of the Building Official dated May 29, 1986 was cited by
Commissioner Stewart which stated that the plans were not in confor-
mance with the Zoning Code relating to height and transfer of density.
A five minute recess was taken at this point.
Upon re-convening the meeting, the Town Commission and the Town
Attorney felt that more time was needed to research the legalities of
• the request and therefore a Special Meeting was set for Friday, June
20, 1986 at l:fd0 p.m. to consider this matter further. Also, it was
the consensus of the Town Commission that the Planning Board not
address this issue until determination is made by the Town Commission
as to the proper procedure to be followed.
REPORTS - TOWN ATTORNEY:
The Town Attorney reported that with regard to the suit of Broadview
Savings and Loan (Hoffman), a Petition has been re-filed and is in the~"e-„~
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process of being responded to. ~='~'~'
The Town Attorney has written to the attorneys for Drexel and requested~•-
a written proposal as to a possible time extension vs. density propo- `~.-
sition. ~~~
A proposed application for conceptual approvals was submitted by the
Town Attorney. The Town Commission amended the said application to
refer to conceptual "reviews" rather than "approvals". Vice Mayor
Blosser stated her opposition to any conceptual discussions of
projects. It was the consensus that conceptual reviews be done at the
Town Commission Level, with a written description of the project being
distributed to the Commission in time to review same before a meeting.
MOTION was mae by COMMISSIONER BASSO/COMMISSIONER GRIER to approve the
• application with the changes as noted. Vice Mayor Blosser voted no.
The remainder of the Town Commission voted aye. The MOTION carried 4
to 1. It was further the consensus of the Town Commission that this
procedure be tried for 6 months and then re-evaluated. The Town Manager
recommended that a fee be charged for the Town Commission reviewing
such conceptual items, however, the Town Commission did not concur in
Town Commission Regular Meeting
June 3, 1986
Page 6 of 10
this recommendation. ,~~
Mr. Lorenz Schmidt was present representing Teron International, Inc.,
requesting approval of an amended site plan.
As a status report on the project, Mr. Schmidt noted that approval has
been given by the DNR to move the east/west return wall 15' north and
will also allow it to be built to the same standards as the north/south
seawall. Mr. Schmidt also noted the submission to the Town of a
coastal engineering report with regard to the seawall in compliance
with the Settlement Stipulation. The seawall plans should be submitted
to the Town within two weeks. The working drawings for the entire pro-
ject should be submitted within the first two weeks of August, stated
Mr. Schmidt. Also, the coastal engineer is submitted a report to the
state for the beach rejunvenation which will necessitate the moving of
10,000 cubic yards of sand. Mr. Schmidt aked the Town to begin to
consider ways to allow the transfer of this sand to other property
owners who might benefit from it.
With regard to the amended site plan, Mr. Schmidt noted a change which
would drop the elevation of the garage drom 6.75' to 4/75' and allow
• more parking at lower level, freeing up the recreation deck for
additional landscaping and the moving of the pool eastward. The porte
cochere will not be a part of the building. Mr. Schmidt noted that the
roofs on the recreation deck have been eliminated to create a lower
profile. Several of the parapet roofs will be eliminated. Shutters
will be provided on half of what were double bay balconies. Concern
was expressed by Commissioner Stewart regarding the material to be used
in the manufacture of the shutters, which will have to be approved by
the Community Appearance Board prior to construction. Some of the out-
side balcony area has been changed to add space within the units, which
have been reduced from 132 units to 130 units. Mr. Schmidt noted the
submission of a memorandum to the Town from an engineer dealing with
the problem of possible hydrostatic pressure in the lowering of the
of the elevation of the garage. Mr. Schmidt noted that such memo
indicated that the construction engineer would have to be mindful of
the hydrostatic pressure when designing the slab of the garage to avoid
the possible buckling of same due to possible percolation of water.
Vice Mayor Blosser expressed concern regarding the transformer room and
drainage which Mr. Schmidt indicated would be elevated and protected by
swaling the property providing for an underground retention area.
Mr. Sutherland, Building Official was present and expressed no objec-
tion to any of the proposed revisions submitted. A question arose as
to the height of the seawall. Mr. Schmidt indicated that the coastal
engineer had recommended an 18' seawall, however, Mr. Sutherland indi-
. Gated that the zoning code called for a 16' wall. It was the consensus
that as long as the seawalls aligned, it was not an issue.
Town Commission Regular Meeting
• June 3, 1986
Page 7 of 1P~
Commissioner Stewart noted that the analysis of the engineer with
regard to the hydrostatic pressure was not in fact a definitive report
on the matter but recommendations to alleviate the problem. It was
noted that the Planning Board approved this issue upon the engineering
"report" being submitted, as the analysis was not elaborate enough.
Commissioner Stewart noted that the nature of the facade of the bolding
had been changed including windows and balconies in order to make add-
itional interior space. Commissioner Stewart noted also that the
Community Appearance Board had not yet approved the facade changes or
landscaping. Mr. Sutherland noted that the Fire Department would check
the plans after the working drawings were submitted.
MOTION was then made by COMMISSIONER STEWART/COMMISSIONER BASSO to
approve the amended site plan for Royal Highlands subject to the CAB
approval and a satisfactory report and engineering plan from a struc
ural engineer as to the hydrostatic pressure question due to the
lowering of the elevation. This MOTION carried unanimously.
Mrs. Milani then addressed the Town Commission requesting consideration /~
of the approval of a transfer of density on the Milani tracts from the
• east to the west (Lots 4 & 5) deed restricting the east to single l
family residential. Mrs. Milani stated that the Palm Beach County ,-'`
Commission had expressed their interest in her property for use as a ~~
public park. Mrs. Milani stated that if an agreement could be nego-
tiated between her and the Town, she would not negotiate with the
County for acquisition of the property. Dr. Richard Orman, also
present, noted that the county was presently planning to consider an
ordinance to list the Milani property on the November ballot for
acquisition. The County's right of emminent domain was cited. The
Town Commission advised Mrs. Milani that this matter would be placed on I
the June 24, 1986 Workshop Agenda for further review and consideration.
REPORTS - TOWN MANAGER:
Inasmuch as the first item to be reported on by the Town Manager was
related to the matter listed on the Consent Agenda, the Consent Agenda
was considered. The item listed on the Consent Agenda was:
-Approval of Interlocal Agreement between the Town of Highland
Beach and the City of Boca Raton for public safety communica-
tions.
MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER BASSO to approve the
Consent Agenda, which MOTION carried unanimously.
• A memorandum of the Town Manager dated May 29, 1986 was then discussed
which outlined the alternatives regarding the installation of a
Town Commission Regular Meeting
June 3, 1986
Page 8 of 10
communications antenna to be used with the Boca Raton public safety
communications service. It was noted that Boca Raton needed an answer
as to the type of antenna (ground mounted or rooftop) immediately, with
the exact location of said antenna (water tower, Clarendon, etc) being
determined by the end of June. Mr. Williams noted that any antenna
utilized would need to withstand 18~ mph winds. Further, Mr. Williams
reported that a free standing tower on Town property was extremely
expensive, and that a tower with guy wires might not fit on the Town's
property without acquiring easements on adjacent property. It was the
consensus of the Town Commission that any free standing tower not be
considered due to these factors. Discussion ensued regarding the
placement of the antenna on the water tower vs. the roof of the
Clarendon. It was noted that for purpose of ease in installation and
maintenance, the mounting on the Clarendon might be a little less
costly. Mr. Williams recommended that a structural engineer be
consulted with regard to the mounting of such antenna on the water
tower to determine stress factors, etc. In addition, the Town Manager
will contact the Town's insurance company to determine whether the
Town's liability insurance will cover such a structure. This matter
will be re-addressed at the Special Meeting to be held on June 2g,
1986.
• The Town Manager reported that with regard to the USGS contract which
called for a monitor well, that this is presently being put into the
ground.
Mr. Williams stated that the Greening of AlA trees were being installed
in Town on Thursday, June 5, 1986.
REPORTS - BOARDS AND COMMITTEES:
The dates of the Board meetings were noted.
PROPOSED RESOLUTIONS AND ORDINANCES:
As Chief Cecere was needed for discussion on the ordinance regarding
open containers, the following ordinance was taken up first:
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
PROHIBITING THE CONSUMPTION AND POSSESSION OF ALCOHOLIC
BEVERAGES IN OR ON AUTOMOBILES.
Chief Cecere reported that this ordinance was basically the same as the
County ordinance, and the Town should adopt it for monetary reasons.
Commissioner Grier noted that no arrests for drunk driving had been
made for several years, but those persons were charged with reckless
driving due to the fact that the Town does not have any provision to
evidence the alcohol level of a driver. Commissioner Grier also cited
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Town Commission Regular Meeting
June 3, 1986
• Page 9 of 10
a letter from the Assistant State Attorney who stated that with regard
to any constitutional challenges of an ordinance, the municipality
would have to provide defense for any lawsuits brought. Attorney Sliney
noted that due to monetary reasons, the Town should pass the ordinance
to recoup any fines from any citations issued. The Town Attorney read
the ordinance in full. Section 3(a) regarding open containers and
"unbroken" seals was clarified, and Section 4(d) and (e) was clarified
to exempt private chauffers. MOTION was made by COMMISSIONER BASSO/
COMMISSIONER STEWART to adopt the ordinance. Upon roll call vote, the
MOTION carried unanimously.
The RESOLUTION AUTHORIZING THE ADOPTION OF A PURCHASING MANUAL was then
read by the Mayor, after which MOTION was made by COMMISSIONER BASSO/
COMMISSIONER STEWART to adopt same. This MOTION carried unanimously.
The next matter taken up was:
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
PROVIDING FOR THE LICENSING OF HOTELS, MOTELS AND
DINING FACILITIES.
This ordinance was read in full by the Town Attorney. MOTION was made
• by COMMISSIONER BASSO/COMMISSIONER STEWART to adopt the ordinance.
Under discussion, it was the consensus of the Town Commission to make
the effective date of this Ordinance October 1, 1986. The vote was
taken on the MOTION, which carried unanimously.
The Town Clerk will be directed to forward a copy of this ordinance to
those properties affected.
The Town Commission also asked that those properties adjacent to Lots
101 E/W (Colman proposal) be advised of the June 20, 1986 Special
Meeting.
The bills for approval as submitted were as follows:
City of Delray Beach $160,000.00
(Joint Stipulation)
City of Delray Beach 9,132.15
(Sewer Services for April 1986)
Harvel & Deland 1,199.71
(Air testing Intracoastal main)
Board of County Commissioners (Fire Ser.) 66,311.18
TOTAL ........................ $236,643.04
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Town Commission Regular Meeting
June 3, 1986
Page 10 of 10
There being no further business to come before the Town Commission at
this meeting, it was adjourned at 5:45 p.m.
APPROVED:
Edward J .
van, Mayor
Mary L~ - ouise~G~. B~~s~r~Vice Mayor
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J J. Bas. , C missioner
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William~A. Gri r;"Commissioner
Betty'/Jean Stewart, Commissioner
TEST:
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