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1986.09.23_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, September 23, 1986 1:30 P.M. A Workshop Meeting of the Town Commission was called to order by Mayor Edward J. Sullivan at Town Hall in the Town Commission Chambers. Also present were Town Commissioners John J. Basso, William A. Grier and Betty Jean Stewart. Vice Mayor Mary Louise G. Blosser was absent. Also present 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. Rebecca Morse, newly hired Finance Director was introduced to the Town Commission as well as the general public. 86.1 Public Comments and Requests: None. 86. 2 Boards and Committees: It was noted that the Alternate term of Planning Board Member Abraham Futernick was due to expire in October. This matter will be placed on the October Regular Meeting Agenda for possible action. 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. The Town Manager recommended that this matter be deferred until the return of the Vice Mayor in October, however, it was the consensus of the Town Commission that this matter be moved along. It was noted that the matter of adequate liability insurance raised by Commissioner Grier was still unanswered. The Town Manager was directed to obtain informa- tion from other helicopter companies as to what standard coverages are in time for the Regular Meeting on October 7, 1986, at which time further discussion and possible adoption will be considered. The next three proposed ordinances which update the Building, Plumbing and Air Conditioning Codes were moved to the October 7, 1986 Regular Meeting for reading and adoption. 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. Town Commission Workshop Meeting September 23, 1986 Page 2 of 7 86.13 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 $, ENTITLED "AIR CONDITIONING CODE", SECTION 3-l.l, ENTITLED "SAME-AMENDMENTS, DELETIONS AND ADDITIONS" TO ADOPT THE 1985 EDITION OF THE STANDARD MECHANICAL CODE. Discussion re Centel Cable Television: The Financial Adv September 29, 198 for possible acti quest involving t will be deferred ite proposal. It square foot basis isory Board will consider the matter of ground 6 for recommendation to the Town Commission in on at the October 7, 1986 Regular Meeting. The he expansion of the cable facility behind Town until Centel Cable communicates further with a rent on __; time _ ;._ re- r~_ _ i ~- Hall ~~ 6 def in= ~ ='- is anticipated that a base rental based on a per will be reached. • 86.18 Discussion re proposed newsrack ordinance: A proposed newsrack ordinance will be drafted by Attorney Sliney which will attempt to regulate the aesthetics and location of newsracks and presented in time for the October 7, 1986 Regular Meeting. This pro- posed ordinance will include factors regulating the safety and welfare of locating the newsracks both presently and any future racks, as well as provide for review by the Planning Board. During discussion, Attorney Sliney noted that Boca Raton had instituted a "voluntary compliance" program with the local newspapers to enclose the newsracks at Boca's expense. Also cited was a Palm Beach regulation of newsracks in relation to their location near the roadways. The Town Manager re- iterated his recommendation that nothing be done, feeling that the two present locations will no longer be feasible in a short time, and that there would be no other adequate locations for any future racks. Several Commission members felt that this issue should be addressed as newsracks do serve a purpose and therefore should be governed by some regulation. Attorney Sliney noted that he did have First Amendment Constitutional problems with any severe regulation, but did find that the Town could regulate the newsracks in terms of the health, safety and welfare of the Town's residents. The Chief of Police will also be included in any review process for consideration of safety factors. 86.19 Discussion re Sales Model - Villa Nova: A memorandum from Building Official Bruce Sutherland dated 9/5/86 was cited in which it was reported that all safety precautions had been • Town Commission Workshop Meeting September 23, 1986 Page 3 of 7 complied with in relation to a request for a Sales Model in the Villa Nova Building. Commissioner Stewart asked whether the present sales trailer located on the St. Lucy property would remain should the model be approved. Mr. Philip Colman, Developer of Villa Nova stated that the trailer would remain and that any prospective purchasers would be escorted from the trailer to the sales model for safety reasons. No objections were expressed by the Town Commission to this request and therefore it will be placed on the October 7, 1986 Regular Meeting , Consent Agenda. -- ) _____ 86.24! Application for Conceptual Approval - Peter Ince: _.,, .~:~,; Mayor Sullivan stated for the record that the property involved (Lots-~";, 133-137 East) was presently defined under "Zoning in Progress" and `~" although an Application for Conceptual Review had been received, that no comments would be made by the Town Commission at this time. F_ -,, Attorney Robert Eisen, representing the Atwell's (owners) and Peter %~ Ince (Developer) was present, noting that the proposal was to build 5 ,, homes on the property in lieu of the 9 units which the density before "Zoning in Progress" would have allowed. Mr. Eisen also stated that he would have a problem in not proceeding until "Zoning in Progress" is completed due to the fact that 2 1/2 million dollars had already been spent in the purchase of this property. Attorney Sliney noted that the Planning Board were reviewing this site at their meeting scheduled for October 22, 1986 which will include the review of Lots 133-137 both east and west. An existing Unity of Title which ties the east property to the west property was cited. Attorney Eisen did not feel that this was relevent to the development of the property. Attorney Sliney also felt that an affirmative disclaimer from the east property to the west property could clear up this matter as far as the eastern property owners were concerned. The Town Commission still based their concerns upon any rights of the western property owner as to beach accesses which might have been conveyed, etc. Clarification as to the rights of the previ- ously established Camelot on the Ocean Homeowners Association is also needed. Although the Town Commission generally feels that a lot of the concerns are involving property rights and may not be in the purview of the Town's jurisdiction, the question of any liability on the part of the Town due to the existing Unity of Title needs to be answered. Attorney Eisen noted that his clients would be willing to sign any disclaimers which the Town would require, as their main concern was to commence development. Commissioner Basso also requested that research be done to assure the clear title to the property in the name of the new owner. As Mayor Sullivan had noted earlier in the meeting, no comment nor action was taken on this matter. i • Town Commission Workshop Meeting September 23, 1986 Page 4 of 7 86.21 Proposed amendment to Chapter 28 1/2 to include Greening of AlA trees in Historic Tree designation per request of Commissioner Stewart: Commissioner Stewart addressed this issue noting that the Greening of AlA trees had been paid for in part by donations of the citizens of the Town and should be protected. Commissioner Grier questioned the juris- diction over the trees by the Town in that they were planted in the DOT .--- right-of-way. Attorney Sliney noted that the Town did in fact have a `~==,_ presumptive jurisdiction over anything in the right-of-way. A question '~ of identification of the trees was also raised, with Commissioner Stewart noting that a master list does exist of all the trees planted ~- by the Greening of AlA Committee. It was the general consensus that maybe "historical" would not be an appropriate classification and that a classification could be included uniquely for the Greening trees. (, Attorney Sliney will draft a proposed ordinance for the protection of these trees in time for a first reading at the October 7, 1986 Regular Meeting. REPORTS - TOWN COMMISSION: Mayor Edward J. Sullivan - Mayor Sullivan reported on a letter received from Representative Hanson as well as one from Representative Messersmith concurring in the Town's position opposing the offshore depositing of any beach quality sand. Vice Mayor Mary Louise G. Blosser - Absent. Commissioner John J. Basso - Commissioner Basso requested that Bruce Sutherland, Building Official, check into a request made by the Building Inspector regarding erosion under the bike path between Coronado and Casuarina. Mr. Sutherland will find out when the necessary work will commence to alleviate this problem. Commissioner William A. Grier - Commissioner Grier requested the status of a proposal to place reflec- tors in the roads to locate fire hydrants. Mr. Williams noted that funds had been placed in the 1986/87 budget to cover the expense of these reflectors, further noting that the Fire/Rescue Department would probably be handling their installation. Commissioner Grier noted that the paving work to eliminate "Lake Ficus" Town Commission Workshop Meeting September 23, 1986 Page 5 of 7 in front of the Library needed additional attention. Although this water retention problem has been alleviated, it still exists. Mr. Williams will try to determine the cost and feasibility of locating a "french drain" in the front parking lot to further take care of this problem and report back to the Town Commission at an early date. Commissioner Betty Jean Stewart - Commissioner Stewart requested a report on the status of the Community Appearance Board's request for a procedure as to performance bonds to assure compliance with directives to developers. Commissioner Stewart stated that fees for expenses incurred by the Town, i.e., staff expenses, attorneys fees, etc., should be built into any procedure. Attorney Sliney stated that he would draft an "all purpose" basic form to be used by the CAB for this purpose. Also it was noted that bonds would not be accepted, only cash, cashier's checks etc. would be accepted. It was further determined that the amounts would be determined by the Town Manager, Building Official and members of the CAB collectively in each case. It was noted that any form devised • should include information as to what accounts funds would be kept in and the process of refunding if appropriate. At the request of Commissioner Stewart, the sales trailer located on the Beach Walk West property will be checked as to its legal permit, etc. Commissioner Stewart expressed her concern regarding the condition of the property. Further, Commissioner Stewart requested t that the Town Manager contact the Department of Transportation in that the mowing of AlA had not yet been taken care of for this year. Mr. Sutherland will check the Beach Walk West and any other sales trailers in existance to determine the time elements, permit status, etc. REPORTS - TOWN ATTORNEY: The Town Attorney addressed the Town Commission with a request that they adopt a Resolution concerning public participation in the Compre- henisve Planning Process similar to the one adopted by the Planning Board in compliance with State Rule 9J-5-004 of the Comprehensive Plan ~~, Amendments. At the suggestion of Commissioner Stewart, the Town -~. Manager will obtain signs for posting on affected properties, as is done in Boca Raton and other surrounding communities. The Town Commission felt that the requirement regarding certified mail could be eliminated and first class postage paid envelopes utilized. Further, the affected areas will be noted in The Bulletin for additional public- ity. The Town Attorney will revise the Resolution and submit it to the Town Commission for consideration in time for the October 7, 1986 Regular Meeting. Commissioner Stewart left the meeting temporarily at this point. • Town Commission Workshop Meeting September 23, 1986 Page 6 of 7 Attorney Sliney noted that he had written a letter to Bruce Sutherland, Building Official regarding "Zoning in Progress" instructing that no plans were to be accepted on the affected properties. It was agreed by ~ the Town Commission that Attorney Sliney write a supplemental letter which includes that conceptual review applications will also not be accepted on properties classified under "Zoning in Progress". A propose Agreement to be executed by Paul Hoffman and Broadview Savings and Loan Association stating that any approved permits issued for the dredging of the subject property will not be construed as J; approval for any further work or will be used as a defense in any ~' future litigation, will be re-drafted and submitted to the Town `' Commission for their consideration. Further, the specific plans citing ~~'' Phase I of the Darby and Way plans and scope of work will be specifi- cally cited in the proposed Agreement to clarify any approvals given as was requested by Commissioner Stewart prior to her temporarily leaving the meeting. A five minute recess was then taken. REPORTS - TOWN MANAGER: Police policy matters were then discussed. Chief Cecere was present. The pros and cons of purchasing police vehicles locally rather than from State Purchasing as recommended by the Town Manager were discussed with no consensus being reached. Additional information will be obtain- ed with regard to the appropriate rotation and purchase of police vehicles after which the Town Commission will again discuss the matter. Discussion ensued regarding the proposal by the Town Manager to elimi- nate the position of Lieutenant in the Police Department. There was a general consensus among the Town Commission that this position remain in the police department. Further discussion took place regarding the Town Manager's request for the establishment of a written criteria ~ _ being established for the promotion of police personnel as well as the ~" placement of command personnel on different shifts. Chief Cecere noted that he had submitted a memorandum dated September 16, 1986 in which he noted the basis for promotion, and stated that he had scheduled command(~~""' personnel on shifts in which he felt additional coverage was needed. No directives were issued on these matters. A request for the consideration police department was discussed • September 17, 1986 being cited. sideration of a 5$ increase for as "Investigator" on the reques issued on this matter. of a designated "Investigator" for the with the Town Manager's memorandum of The Town Manager was recommending con- Police Officer Corsino to be designated t of Chief Cecere. No directives were At the recommendation of the Town Manager, with concurrence by the Town Town Commission Workshop Meeting • September 23, 1986 Page 7 of 7 Commission, the Town Manager will draft a Resolution which will insti- tute a 10g late charge on unpaid utility bills 2fd days past due. This Resolution will be presented for consideration at the October 7, 1986 Regular Meeting. At the request of the Town Manager, authorization for the preparation and advertising of bids for the purchase of a gas tank and a telephone system will be placed on the Consent Agenda for October 7, 1986 Regular Meeting. In discussing the irrigation system in the entranceway to Bel Lido, the Town Attorney wad directed to determine whether or not the streets and rights-of-way in Bel Lido have been dedicated to the public in order to determine any liability the Town might have for occurrences in such streets. During this discussion, Commissioner Stewart returned to the Meeting. The Town Manager reported that a full connection did in fact exist be- tween the Town of Highland Beach and the City of Delray Beach, which connection had been tested and totally flushed. The Town Manager reported on several upcoming County meetings which he plans to attend, including a meeting of the Palm Beach County Municipal League. It was noted that Boca Raton was discontinuing its membership in the Municipal League due to the substantial increase in dues. The Town Manager will obtain budget information from the League in order for the Town to determine the feasibility of remaining a member. There being no further business, the meeting was adjourned at 4:45 p.m. APPROVED: WARD All SULLIVAN ATTEST: ~t Date ~~-~-~~ • VICE MAYOR MARY LOUISE G. BLOSSER C ISSI R JOHN J. B /L'// COMMISSIONER WIL AM GRIER COMMI IONER BETTY JEAN STEWART