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1985.01.29_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission WORKSHOP MEETING TUESDAY, JANUARY 29, 1985 9:30 A.M. A Workshop Meeting of the Town Commission was called to order by Mayor Louis Y. Horton at 9:30 a.m. in the Town Commission Chambers at Town Hall. Also present were Vice Mayor Mary Louise G. Blosser, Commissioners John J. Basso, William E. Paul and Betty Jean Stewart. Also in attendance were Town Manager Hugh D. Williams, Town Attorney Thomas E. Sliney, Town Clerk Mary Ann Whaley, citizens and members of the general public. 85.1 Public Comments and Requests: Mrs. Doris Rome advised of the City of Boca Raton's re-introduction of a proposed ordinance regulating newsracks. The Town will keep abreast of this matter and will obtain a copy of an existing Palm Springs Ordinance regarding this matter. Mr. James Clyatt of Beachraker addressed the Town Commission, who expressed no objection to the use of a lot north of Ambassador East by • Beachraker for access to the beach for beach cleaning purposes based on DNR's opinion that the process used for entry was not detrimental to the existing dune. Mrs. Rome, resident of Ambassador East spoke in favor of the request. 85.2 Boards and Committees: The Town Commission will abolish the Alternate Member positions on the Code Enforcement Board inasmuch as the State Statute mandating that Board does not require same. Mr. Pearlstein, the present Alternate Member whose term expires in August 1985 will continue in that position until his term expires. The Financial Advisory Board has a Regular Member vacancy due to the expiration of Jane Rayner's term. A second Regular Member vacancy exists due to automatic resignation of Martin Hughes who has not attended the mandatory number of meetings. It was the consensus of the Town Commission that Reese James, present Alternate Member be moved into a Regular Member vacancy. These vacancies may be filled at the February Regular Meeting. 85.3 Proposed Ordinances and Resolutions: 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, CHAPTER 2, ENTITLED "ADMINISTRATION", SECTION 2-41 ENTITLED "TOWN S PLANNING BOARD; ESTABLISHMENT; TERMS", SECTION 2-52 ENTITLED "POWERS AND DUTIES", SECTION 2-53 ENTITLED "MEETINGS AND RECORDS; r 1 ~J Town Commission Workshop Meeting January 29, 1985 Page 2 of 7 APPEALS", SECTION 2-54 ENTITLED "CHANGES IN PLANS AND SPECIF- ICATIONS". • Zoning Ordinance. Substantial discussion took place regarding the re-working of this proposed ordinance to include appointment requirements for both the Planning Board and the Community Appearance Board and to clarify the requirement of a CAB inspection prior to issuance of a Certificate of Occupancy. Vice Mayor Bloser stressed that in addition to these other duties, the Planning Board was involved in the ongoing process of evaluation and recommendation regarding the Comprehensive Plan and 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING SECTION 22-2 OF THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ENTITLED "SEWER SERVICE CHARGES". This Ordinance will be amended to amend the third sentence of the existing ordinance in lieu of adding a sentence, and was moved to a final reading at the February Regular Meeting. This proposed ordinance re-enacts an Emergency Ordinance adopted at the December 18, 1984 Special Meeting. Additional publicity regarding the necessity of this surcharge will be distributed by way of the next Bulletin inasmuch as misunderstanding has been expressed by some residents regarding this charge. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, CHAPTER 21, ENTITLED "SEAWALLS, BULKHEADS, RETAINING WALLS" BY THE ADDITION OF A SECTION ENTITLED "SEAWALLS - ABATEMENT OF NUISANCES INJURIOUS OR DANGEROUS CONDITIONS". Attorney Sliney was directed to re-work this ordinance to make it refer to bulkheads and retaining walls in addition to seawalls for consistency, and also to study the feasibility of this matter being handled by the Code Enforcement Board prior to a citation being issued. A phrase to accomodate emergency situations whereby the Town Attorney may immediately call a Special Meeting of the Town Commission for direction will be included. Mr. Sliney will also study Ordinance No. 139 with a view toward repealing outdated and unnecessary portions. This matter will be placed on the February Workshop Agenda. 82.49 Highland Beach/Delray Beach Sewer Issue: Mr. Williams reported that he had been in contact with Greeley and Hansen, Engineers on this matter, who had indicated that a proposed final report would be forthcoming within the next two weeks, which Commissioner Basso stated should be filed as a Court record. • 85.4 Milani Property - Presentation by Robert Whitley: Mr. Robert Whitley, contract-purchaser of the Milani east side property addressed the Town Commission requesting consideration of a new one tower plan in lieu of the two tower plan approved in the Stipulation of Settlement of April 10, 1984. Mr. Whitley was also Town Commission Workshop Meeting January 29, 1985 • Page 3 of 7 requesting an extension of at least two years in which to secure a building permit, both requests being made for reasons of marketability and economics. Substantial discussion ensued regarding the amount of study and consideration given prior to the Stipulation of Settlement being approved, and a consensus was reached to reject any modifications to the approved Stipulation. Mr. Whitley indicated that he had no option on the west side property.A formal vote on this request will be taken at the February 5, 1985 Regular Meeting. 85.5 Milord/Camino_Cove Property - Request for Partial C/O: Mr. Jerome Milord of Milord Development Corporation addressed the Town Commission requesting that Certificates of Occupancy be issued for Units 5 and 6 of the Camino Cove project. It was noted that Unit 10 had been approved for a partial C/O in October. Bruce Sutherland, Building Official stated that it was his understanding that the Town Commission had approved the issuance of the Unit 7 C/0 as a special request and that the entire project would have to be finished and all inspections completed prior to one final C/O being issued. The Town Commission stated that their intent was that after the exception given to Unit 7, the CAB would have to give approval to the entire project, at which time the Building Official could issue the C/0's on the individual units. This directive was given to allow the option to • individual purchasers of the colors of plumbing and other optional fixtures within each unit. Mr. Frank Savino, Member of the Community Appearance Board stated that the landscaping on the entire site had been approved by that Board, however, other exterior work was necessary prior to a CAB approval being given to the entire project. Vice Mayor Blosser stated that she felt all work should be completed prior to any C/O issuance. It was the consensus of the Town Commission that the Building Official make an inspection of the project, and if he felt it was ready for the CAB final inspection, that they be notified and proceed as originally intended. A Recess was held from 11:00 a.m. until 11:30 a.m. to convene a meeting of the Town's Retirement Board. 85.6 Sunrise-Frederick Property: Mr. Mike Woolsey of Commercial Center Development Corporation was present representing Mr. Bill Fredericks with regard to approval of a site plan which had previously been submitted and a request to amend the exising Unity of Title to separate the east and west portions of Mr. Fredericks property. Mr. Woolsey also presented a model of the proposed improvements to the existing main residential structure on the property and answered questions regarding the entire proposal. Attorney Sliney and Mr. Woolsey will finalize documentation regarding the following: • 1. Approval of the Declaration of Restrictions on the Deed. 2. Revocation of the east side plat. 3. Amendment of the existing Unity of Title to delete reference to the east side property. Town Commission Workshop Meeting • January 29, 1985 Page 4 of 7 4. Determination being made as to the rights, if any, of the Camelot on the Atlantic Homeowners Association with a revocation of interest possibly submitted. Other concerns expressed involved a provision in the Unity of Title which would disallow any other quest facilities being constructed on the west side property. Attorney Sliney indicated that in regard to the west side property, this would revert back to a Byrd Beach lot being subject to all current restrictions under the Single Family Zonig Classification. Answering Commissioner Stewart's concern regarding the various names the subject project had been known by, Attorney Sliney indicated the use of the Certificate of Title to hold the present owners liable for all provisions as approved by the Town Commission. Responding to a concern regarding the possible renting of individual portions of the Fredericks property, Attorney Sliney indicated that this would be in violation of the present zoning. Attorney Sliney will work on all appropriate documentation necessary for possible approval at the February 5, 1985 Regular Meeting. 85.7 Hoffman RPUD: Ken Slinkman, attorney for Paul and Camille Hoffman, addressed the • Town Commission requesting re-consideration of a letter from the Town of December 1983 which opposes any damage to mangroves on the Hoffman site sent to the Army Corps of Engineers. It was Mr. Slinkman's contention that this letter would cause the Army Corps of Engineers to dely the issuance of the required permit for this portion of the project. Mayor Horton advised Mr. Slinkman that historically, the Town Commission has consistently taken the position against the destruction of any mangroves. Additional information regarding the permitting of this project will be gathered and submitted to the Town by Attorney Slinkman for dissemination to the Planning Board and the Town Commission prior to any further action being taken on this matter. 85.8 Discussion re communication between Town Commission and various departments, boards, etc.: At the written request of Commissioner Stewart, discussion ensued regarding the above. A report summarizing the Town Commission's directives and actions will be prepared the day after a meeting and distributed to the various departments, Boards and Committees, Town Attorney and other interested parties. Also, a computer tracking program to track Town matters will be studied. 85.9 Discussion re Ocean Rescue Policy: Upon the recommendation of the Town Attorney, it was the consensus • that the Town continue its present policy and not become involved Town Commission Workshop Meeting • January 29, 1985 Page 5 of 7 in ocean rescues inasmuch as Highland Beach has no public beaches. The Town will consider ways of encouraging safety precautions i.e. The Bulletin, possible condo memorandums and cable TV messages. Also, the Town Clerk advised that a letter was expected from Chief Brice of the Palm Beach County Fire/Rescue Department confirming their policy of not becoming involved in ocean rescue. 85.10 Memorandum of Understanding regarding Employment of Town Manager: A Memorandum of Understanding regarding Employment of Town Manager, dated January 21, 1985 was reviewed, with the following matters being agreed upon: No. 2: Add the words "per year" following $33,000. Delete the phrase "at the regular budget time", from the second paragraph of No. 2. No. 4: Amend second sentence to read "In the event of such termination while Williams is ready, willing and able to perform the duties of Town Manager, the Town shall pay Williams a sum equal to the pay for • the number of wor king days as outlined: during first year of employment -- thirty days during second year of employment - sixty days during third year and thereafter - ninety days No. 5: Additional sentence to read "In the event of the termination by Williams, the Town will not be liable for any payment as noted in No. 4 above. No. 6: This section will be discussed further pending additional information being submitted by Williams to the Town Commission regarding the requested deferred compensation plan, and Williams submission of information regarding the practices of Boca Raton and Delray Beach. No. 7: This will be amended to relate to the standard automobile allowance being offered rather than the twenty cent rate as noted. Also, the addition of the requirement of supplying the times, dates and mileages in writing will be incorporated. No. 8: The words "and dependents" will be .deleted from (a). Item (c) shall be amended to read "Town shall provide Williams with income protection providing Williams with compensation equal to $200.00 per week or what may be contained in the existing policy". No. 9: Delete the word "and" from the third line of Item "c". No. 10: Add the words "at the discretion of the Town Commission" to the end thereof. Town Commission Workshop Meeting • January 29, 1985 Page 6 of 7 No. 11: To be amended to read "Town shall reimburse Williams for all documented employment related expenses". No. 12: Item (a) to be amended to read "Williams shall be compensated for the cost of attending state and local association conferences with prior Town Commission approval". Item (b) to be deleted completely. No. 15: Second sentence to be deleted completely. No. 18: To be deleted completely. This Memorandum of Understanding will be re-drawn incorporating the above changes and will be scheduled for further discussion and possible approval at the February 5, 1985 Regular Meeting. REPORTS: TOWN COMMISSION: Mayor Louis Y. Horton - Mayor Horton reported on a letter from Mr. Linet regarding the proposed modifications as suggested by Mr. Colman • on the LeConcorde site urging the Town Commission to enforce the exising zoning regulations. Vice Mayor Mary Louise G. Blosser - Vice Mayor Blosser reported that she was continuing work along with Mr. H. C. Arnold of the Community Appearance Board on the proposed amendments to the sign ordinance, which will be sumitted to the CAB for further study at an early date. Vice Mayor Blosser is working on a response to the last letter of the Ad Hoc Evaluation Committee regarding the direction that the Town Commission would like them to take for consideration by the Town Commission prior to distribution. The Vice Mayor suggested that a policy be established regarding the requests for transcripts by the public which matter will be studied and resolved at an early date. Commissioner John J. Basso - Commissioner Basso requested consideration of another method in which to disseminate agenda items. The Town Clerk will work with Commissioner Basso to find a satisfac- tory method to suit his needs. Commissioner William E._Paul - No report. Commissioner Betty Jean Stewart - Commissioner Stewart suggested that Mr. Wig ams obtain a copy of a previous budget calendar developed by • former Town Manager Elaine Roberts with a view toward beginning the budget process. Town Commission Workshop Meeting January 29, 1985 • Page ? of 7 J REPORTS: TOWN ATTORNEY: • • Attorney Sliney reported that the Coronado screening matter was in progress and would commence shortly and also reported on the status of the Boca Highland lawsuit. REPORTS: TOWN MANAGER: Mr. Williams reported that a time schedule regarding the re-paving of Bel Air Drive had been distributed. The matter of the Coronado Clubhouse being used for a benefit program regarding the Boca Pops was discussed. Inasmuch as this has already been publicly advertised, it was the consensus of the Town Commission that nothing could be done in this instance, however, Mr. Williams will notify Coronado that this is in violation of their existing Unity of Title and will not be tolerated in the future. Mr. Williams received clarification that the Bel Lido Property Owners Association had been approved to receive the amount of $1,000.00 annually toward the maintenance of the entrance, however, Mr. Williams will look into the possibility of Williams and Sons, the Town's newly contracted landscapting firm, also doing the Bel Lido entrance and will report his findings to the Town Commission for possible consider- ation. Mr. Williams reported that the Municipal Fire/Rescue Protection Interlocal Committee was meeting at Town Hall on Friday, February 1, 1985 at 9:30 a.m. and invited members of the Town Commission to attend, and further reported that Palm Beach Junior College was sponsoring a half day seminar regarding Ethics in Government, and would distribute the information to the Town Commission. The matter of the Palm Beach Fire/Rescue Interlocal Agreement was briefly discussed, with a consensus that this matter be placed on the February Workshop Meeting Agenda for further consideration. There being no further business to come before the Town Commission, the meeting was adjourned at 4:40 p.m. f---~ APPROVED : ~ --cw Loui Horton, Mayor ATTEST : tYlcz,.,~ elA~.~..u._ ~ ~P`g-~'~" Marys ise G. losser,Vice Mayor own C rk ~,~77 Date : ~- ~~~Q~ J. o, Commissioner ~iT~lam E. Paul, Commissioner Bet Jean Stewart, Commissioner