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1986.08.26_TC_Minutes_Workshop • TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, August 26, 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 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 and members of the general public. 86.1 Public Comments and Requests: Mr. David Custage of Dalton Place addressed the Town Commission submitting information he has compiled regarding the possible reduction of the speed limit along AlA to 35 mph. Mr. Custage indicated that although the Town had made requests in the past to the Department of Transportation, they could find no evidence that such requests had been made. Mr. Custage requested that the Town again attempt to have the DOT analyze the information to re-evaluate the feasibility of reducing the speed limit to 35 mph. In addition, Mr. Custage would like verification that the Town's signs are in compliance with those required as they do not appear on a DOT publication obtained by Mr. Custage. Mr. Philip Colman of Villa Magna addressed the Town Commission and requested a letter stating the present density premitted on Lots 101 E/W as well as a statement that public water and sewer were available '~: to the site in order to obtain financing to purchase this property. y~' " At the request of Commissioner Basso, Mr. Colman furnished the Town `> with this request in writing and was given the letter he requested. Mr. Michael Dent of Bel Lido addressed the Town Commission stating his objections to the recent reduction in the Town staff, the proposal of the Town Manager to replace the Police Lieutenant position with a second Sergeant, and the handling of other administrative matters by the Town Manager. 86.2 Boards and Committees: Community Appearance Board - It was noted that the term of Alternate Member, Martha Dempsey, was to expire in September. This matter will be placed on the September 5, 1986 Regular Meeting Agenda for possible action. Mr. David Robinson, Talent Bank Applicant and resident of Regency Highland, was present and answered questions posed by the Town Commission. Mr. Robinson stated that he would be willing to serve in any capacity that the Town desired. Mr. Robinson will attend several of the various Board Meetings in the next several months. Town Commission Workshop Meeting August 26, 1986 Page 2 of 9 86.3 Proposed Resolutions and Ordinances: 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA PROVIDING FOR REGULATION OF HELICOPTERS WITHIN OR OVER THE TOWN. This proposed Ordinance was discussed. Section 3 was amended by adding the words "..except as provided in Sections 1 and 2 above." With regard to Section 2, questions arose as to limits of liability, and what adequate amounts would be. The Town Manager will obtain information regarding this matter prior to the September Workshop Meeting, at which time this proposed Ordinance will be taken up again. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 7, SECTION 7-1.1 ENTITLED "AMENDMENTS TO STANDARD BUILDING CODE" TO ADOPT THE 1985 EDITION OF THE STANDARD BUILDING CODE. 3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 19, ENTITLED "PLUMBING CODE", SECTION 19-1 ENTITLED "STANDARD PLUMBING CODE - ADOPTION" TO ADOPT THE 1985 EDITION OF THE STANDARD PLUMBING CODE. 4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 8, ENTITLED "AIR CONDITIONING CODE", SECTION 3-1.1, ENTITLED "SAME-AMENDMENTS, DELETIONS AND ADDITIONS" TO ADOPT THE 1985 EDITION OF THE STANDARD MECHANICAL CODE. The above three ordinances dealing with the updating of the Building, Plumbing and Air Conditioning Codes were deferred until the September Workshop Meeting at the request of the Town Manager due to the fact that the Building Official is presently on vacation. 5. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING ORDINANCE N0. 528, WHICH APPROPRIATED FUNDS FOR FISCAL YEAR 1985/86 WHICH BEGAN OCTOBER 1, 1985 AND ENDS ON SEPTEMBER 30, 1986. 6. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, TO EFFECT A TAX LEVY BASED UPON THE 1986 TAX ROLL OF THE TOWN OF HIGHLAND BEACH. 7. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, . APPROPRIATING FUNDS FOR THE FISCAL YEAR 1986/87, BEGINNING OCTOBER 1, 1986 AND ENDING SEPTEMBER 30, 1987. own Commission Workshop Meeting August 26, 1986 Page 3 of 9 The above three ordinances regarding the budget were deferred until such time as appropriate budget workshops are held. 86.13 Discussion re Centel Cable Television: As there were no representatives present from Centel Cable Television, this matter was deferred until the September Workshop. Further, it was noted that discussion of this matter with regard to the rental of the Town property to Centel and a proposal for expansion was under consideration by the FAB for their review and recommendation. 86.18 Discussion re proposed newsrack ordinance: Attorney Sliney noted his August 22, 1986 correspondence to the Town noting his recommendation that the Town try to implement a voluntary compliance program with the local newspapers to aid in the aesthetics of the racks. Vice Mayor Blosser noted that the Town of Palm Beach had recently adopted an ordinance regulating such racks, and requested that the Town Manager obtain a copy of same. Commissioner Stewart noted that the Town should find a way to regulate future newsracks to • assure safety while providing a visible place to sell the papers. This might be accomplished by having the Planning Board review any new proposed palcement of the racks. This matter will be discussed again at the September Workshop Meeting. 86.17 Discussion re Royal Highlands Seawall Plan: This matter was discussed, citing a letter from Coastal Tech dated August 6, 1986 and a letter from Lorenz Schmidt of Teron International dated August 11, 1986. A concern was expressed as to the possible review mandated by the adoption of a coastal construction code by the Palm Beach County Commission regulating all properties east of the Intracoastal Waterway. It was determined that this code involved only those properties located in the unincorporated area of Palm Beach County. This matter will be discussed and possibly approved at the September 5, 1986 Regular Meeting. REPORTS - TOWN COMMISSION: Mayor Edward J. Sullivan - Mayor Sullivan made some comments on his recent trip to Boston. Mayor Sullivan requested that a review would be had of the Town Attorney, Town Manager and Town Clerk at the September 5, 1986 Regular Meeting. A workshop to review the proposed 1986/87 budget was set for August 27, 1986 at 1:3~J p.m. t~":. ~/' • Town Commission Workshop Meeting August 26, 1986 Page 4 of 9 Vice Mayor Mary Louise G. Blosser - Regarding the speed limit issue brought up by David Custage under Public Comments and Requests, Vice Mayor Blosser referred Mr. Custage to Florida State Statute 316 for additional information. Vice Mayor Blosser requested that the Town Manager provide information as to how residents would be notified that it was safe to return to Town following any emergency evacuation. Commissioner John J. Basso - Commissioner Basso requested that the Town Attorney determine the feasibility of commencing a lawsuit against the City of Delray Beach mandating that they abide by the formula set out in the Greeley and Hansen report regarding the recent sewer dispute. Commissioner Grier asked whether Delray Beach has been accepting the payments being made by the Town. Mr. Williams will find out if any of the checks tendered to Delray Beach have been cashed. • Commissioner Basso questioned the necessity of any referendum to raise funds for the ammonia based water treatment system. Commissioner Basso was advised that the Town would provide for this expenditure without the need for a referendum. Commissioner William A. Grier - Commissioner Grier expressed concern regarding the rocks located on the AlA frontage at Third Wind. The Town Manager and Building Inspec- tor are working to resolve this matter.. Commissioner Betty Jean Stewart - Commissioner Stewart noted that information regarding the Beaches and Shores Council has been placed in mailboxes and on the clipboard. --~' Regarding Mr. Custage's earlier request, Commissioner Stewart noted that the Town Manager should write the Department of Transportation requesting re-evaluation of the matter and further investigating as to whether the Town signs are in compliance with the International Driver's Code. Copies of the Town`s letter should be provided to Mr. Custage as well as Representative Steve Press. REPORTS - TOWN ATTORNEY: Attorney Sliney noted that a second lawsuit had been filed by Drexel, which the Town's insurance carrier would be handling. It was noted ~-- that with regard to the first lawsuit, all three Motions filed by the • Town Commission Workshop Meeting August 26, 1986 Page 5 of 9 i Town had been ruled in favor of the Town, which matter was scheduled f to go to trial in late September/early October. ---/ __ \ The Town Attorney noted that the Planning Board was continuing review ;'~ of the Comprehensive Plan and would like the Town Commission's consid-~ eration in obtaining updated traffic studies and other utility studies' ~,~ to assist in their deliberations. A Motion for Summary Judgement has been filed in the Ocean Terrace \%~' lawsuit. Philip Colman has been substituted as the Plaintiff in this /`. ~/ ,~ action. REPORTS - TOWN MANAGER: The first matter discussed under the Town Manager's report was a re- quest from Paul Hoffman for a land clearing permit to create a spoil containment area for short term storage prior to removal in conjunction with the upcoming dredging to be done on the Hoffman site. Mr. Hoffman as well as Neil Janof of Darby and Way, his engineer was ,~~ present. `~~~'~ f Mr. Williams noted that before the Town could allow issuance of the • requested land clearing permit, the Town Commission should have some agreement as to the adequacy of the contingency plan required to assure that the Intracoastal Waterline is not damaged during dredging. The contingency plan as proposed by the developer includes the pro- vision of underwater divers locating the Town's water line prior to and during the dredging work. Also, there is an agreement with Boca Raton to supply water to the Town in case of any emergency. Mr. Williams noted that due to the difference in sizes of the Boca lines and the Town's lines, and depending on the time of year and weather, there might not be the same amount of water supplied by our own lines. It is conceivable that some curtailment of sprinkler systems might be necessary to assure ample water supply for the residents as well as adequate pressure for the fire hydrants. Mr. Janof noted that he has worked with Say Ameno, the Town's engineer, to assure that all services to the Town through Boca Raton would be adequate, including the pressure needed for the fire hydrants. Further, should any damage be done to the Town's lines, a temporary PVC line could be installed within five days, and then a new line could be installed at a cost which has been determined to be $25(4,000, an amount that would be held by the Town in escrow prior to any work commencing. The Town Commission concurred that an Irrevocable Letter of Credit would be accepted rather than a bond in order to be able to cash it faster than a bond. It was noted that the bonded amount had been determined by the Town's engineers to be adequate to complete the installation of a new line across the Intracoastal as well as any costs i.e. water costs • in obtaining a supply from Boca Raton. During this discussion, it was noted that although there was a valve for an interconnect both in Highland Beach and Delray Beach, there was ,~ ~~ • Town Commission Workshop Meeting August 26, 1986 Page 6 of 9 no pipe connected to the valves in order to supply any needed water. The Town Manager will look into the matter to determine when and how ' the pipe which had existed in the past was removed, and will obtain information for the replacement of the pipe. Attorney Sliney noted that the prerequisites of the previously approved Settlement Stipulation had been met and felt that it would be in order for the Town to issue a land clearing permit. The Hoffman plans were supplied in order to show what portion of the site would be bulldozed in order to create the spoil containment area. Mr. Janof noted that the dredging would probably begin at the north end of the property to get by the work near the Intracoastal Waterline first while the turbidity of the water was best. Further noted was the fact that any mangroves destroyed would have to be replaced. It was noted that the access road for the clearing work would be approximat- ely behind the present fence on the property. Mr. Janof noted that a representative from Broadview Savings and Loan was present and would assure that a Letter of Credit for the $250,0~J0 required by the Town would be delivered by the end of this week, after t which the dredging permit would be requested. Mr. Janof noted that the dredging operation would take approximately 90 days. It was the consensus of the Town Commission to place this item on the r September Regular .Meeting Consent Agenda, approval being contingent upon the receipt of the referenced Letter of Credit. ~~ It was further noted by the Town Commission that the issuance of the permit did not constitute commencement of any building permit, etc. It was noted that this matter had been set out in the Stipulation, however, since this Stipulation had been negotiated basically with Broadview that Mr. Hoffman's attorney did not sign same. Mr. Hoffman, who was present, stated on the record that the requesting of this permit would not be construed as any approval of construction or the commencement of the project should any litigation ensue in the future on this property. A written statement to this effect will be given to the Town by Mr. Hoffman. Commissioner Stewart noted that the signed statement from Mr. Hoffman should be in hand prior to the issuance of any permit. ,: _ " _ ___ A five minute recess was taken at this point in the meeting. The next matter discussed under the Town Manager's report was his re- `, commendation to hire Rebecca Morse as Finance Director. Mr. Williams<~'"~ noted that under the Town Code, the Town Manager's appointment of a ~' department head requires confirmation by the Town Commission. It was v~:~.' . Town Commission Workshop Meeting August 26, 1986 Page 7 of 9 noted that Ms. Morse was requesting a starting salary of $28,000 with ~ a six month review and increase predicated upon all computer programs being operational. Commissioner Grier noted that the starting salary was higher than any other staff member. It was noted that the Financial Advisory Board was presently reviewing,. the entire salary schedule. Mr. Williams noted that the intent was to start Ms. Morse at $28,000 and to have her salary max out at less than the salary of the Police Chief, who in his opinion should have the highest paying position after the Manager due to personnel and responsibility. Mr. Williams noted that Ms. Morse has experience in the computer systems that the Town has purchased as well as the Florida governmental accounting systems. As there were no objections expressed, the confirmation of the hiring of Rebecca Morse as Finance Director will be placed on the Consent Agenda for the September Regular Meeting. -- • Mr. Williams announced that Jack Lee, Utilities Director, was in Gainesville to accept the Town's award for Most Improved Water Plant. Mr. Williams asked for permission to attend the Florida League of Cities conference in Orlando on October 18, 19 and 20, 1986. No objections were expressed and this matter will be placed on the Consent Agenda of the September Regular Meeting. The existing contract with Gee and Jenson was discussed. It was noted that John Toshner of that firm was presently involved in the study of the expired RPUD tracts in Town, being the Hoffman and Boca Hi sites. Further, the Town Commission had previously approved the addition of a ~~ study of the Fredericks/Sunrise properties to this contract. It was noted that the Planning Board had requested that the contract be expanded to include the Milani and Steinhardt properties, as well as aF:.- new traffic study. It was the recommendation of the Town Manager and concurred in by the Town Commission that any further property reviews be taken up as an overall review of the Town in compliance with the regulations for the mandated zoning review due by 1988. Funds will be included in the 1986/87 budget to commence the review as the Town r Commission feels that this matter should be reviewed in a timely manner. It is the recommendation of the Town Manager that the Town solicit bids for this project prior to awarding any contracts for the overall review of the zoning map and zoning ordinance. • Regarding the traffic study, it was noted that there is information available in the 1984 Comprehensive Plan. Vice Mayor Blosser further questioned the scope of the traffic study i.e. traffic flowing through r • Town Commission Workshop Meeting August 26, 1986 Page 8 of 9 the Town or traffic within the Town itself. Attorney Sliney indicated that due to possible litigation in upcoming zoning deliberations, it would be preferable for the Town to have updated information as to traffic as well as other Town utilities for use by the Planning Board in deliberations over the Comprehensive Plan and zoning. Commissioner Stewart noted that there might be some merit in obtaining an updated citizen survey to gain input from the residents. It was the consensus of the Town Commission that the staff gather whatever material was available in house regarding this matter prior to any consideration being given to a new traffic study being done by an outside consulting firm. Mr. Williams noted that the Town's application for approval of the'- back up well had been filed on Monday, August 22, 1986, with the South Florida Water Management District. The Town Manager will be submit- ting specifications for the well to the Town Commission at an early date. The Town Commission then discussed a request from several retiring _ employees for a one to one conversion of accumulated sick leave, • rather than the four to one conversion ratio as approved in the Town's personnel policy. After discussion of the request, it was the consen-,_, sus of the Town Commission that the policy remain as is and the ,r-X" request be denied. This matter will be placed on the Consent Agenda ~_~ for the September Regular Meeting. Further, some of the previously ~~ offered benefits to several retiring employees consented to by the ~' Town Commission will need formal action at the September Regular - ,,~`" Meeting. A Resolution opposing any off-shore disposal of beach-quality sand will be considered for possible adoption at the September Regular Meeting. -- Concern was expressed by Commissioner Stewart regarding the sand ~~, located at the Royal Highlands site. It was noted that Highlands x'-,, Place had placed some of the sand on the Royal Highlands site tempor-~%~,,,:=' arily. The Town Manager will write a letter to Highlands Place to '=~ find out their plans for the return of the sand prior to Teron's dis- tribution of the remaining excess sand to other beachfront property owners. Commissioner Stewart noted that according to Mr. Schmidt of Teron, the sand would be available sometime around November. Although there was already a preliminary meeting with interested residents, additional meetings will be held during late September on this issue. i• Town Commission Workshop Meeting August 26, 1986 Page 9 of 9 86.19 Discussion re Town water needs: This matter was deferred until a future date. There being no further business to come before the Town Commission, this meeting adjourned at 5:2P1 p.m. ~`~ APPROVED: rd J. $~lYvan, Mayor Mar Louise Blossef, Vice Mayor /~ o/,h~n asso, C missioner ~iV-' ~' ~_ ~ / William A. Grier, Commissioner Be y Jean Stewart, Commissioner ATTEST: r TOWN CLER DATE : ~-~ •