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1985.03.26_TC_Minutes_Workshop~: TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission • WORKSHOP MEETING Tuesday, March 26, 1985 9:30 P.M. A Workshop Meeting of the Town Commission was called to order by Vice Mayor Mary Louise G. Blosser at 9:30 a.m. in the Town Commission Chambers at Town Hall. Also present were Town Commissioners John J. Basso, William A. Grier and Betty Jean Stewart. Mayor Edward J. Sullivan was absent. Also present were Town Attorney Thomas E. Sliney; Town Manager Hugh D. Williams; Town Clerk Mary Ann Whaley; residents and members of the general public. 85.1 Public Comments and Requests: Dr. E. Murphy, 4023 South Ocean Boulevard, addressed the Town Commission regarding a proposed ordinance scheduled for discussion today regarding the abatement of nuisances with respect to the repair and maintenance of seawalls, bulkheads and retaining walls. Dr. Murphy recommended that with regard to "public nuisances", this be clarified to avoid aesthetic complaints. Further, Dr. Murphy cited a past Florida state requirement of a bond being posted when constructing seawalls, etc. to provide protection to neighboring properties. • Commissioner Stewart noted that although the Town gives approval t the concept and approximate location of seawalls, the final location is approved and set by the state. Mr. Michael Dent also addressed the Town Commission supporting the proposed ordinance. Mr. Dent reiterated his request for the Town to purchase breast microphones, and also recommended that the meeting procedure be changed to allow residents an opportunity to speak at various times during the meeting, rather than only under Public Comments and Requests. 85.2 Boards and Committees: There were no appointments pending. 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 PLANNING BOARD; ESTAB- LISHMENT; TERMS", SECTION 2-50 ENTITLED "CREATION; MEMBERS; TERMS; APPOINTMENTS", SECTION 2-52 ENTITLED "POWERS AND DUTIES", SECTION 2-53 ENTITLED "MEETINGS AND RECORDS; APPEALS", SECTION 2-54 ENTITLED "CHANGES IN PLANS AND SPECIFICATIONS". LJ • Town Commission Workshop Meeting March 26, 1985 Page 2 of 7 During discussion, Commissioner Grier questioned the automatic resignation after three month clause, citing health problems. The Town Commission advised Mr. Grier that this had never created a problem in the past, and in extreme cases, re-appointment was also an alternative. Commissioner Grier also questioned who signs as the "Planning Board", when a provision states "signed by the Planning Board". Attorney Sliney stated that all members present sign plans, even those voting in opposition to a plan. In cases of opposition, such opposition may be stated along with the signature. Attorney Sliney stated that only those absent from a meeting would be excused from signing. In reviewing this proposed ordinance, a re-draft will be submitted by the Town Attorney providing for consistency in the titles; the addition of the word "annual" in the eighth line of Section 2-41(b) prior to the word "review"; deletion of the last sentence of Section 2-50(b); replacement of the word "may" with "shall" in the second sentence of Section 2-50(b); the addition of the term "for transmittal to the Town Commission" at the end of Section 2-52(b); and amendment to provide for the consistency in the meeting and recording requirements of both the Planning Board and the Community Appearance • Board. This proposed Ordinance will be amended and submitted for fina l reading at the April 2, 1985 Regular Meeting. 2. 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". With respect to the discussion occurring under Public Comments and Requests, Attorney Sliney will research the possibility of requiring bonds being posted, however, he suggested that the ordinance be passed to get it on the books, and amended later with respect to possible bonding. The time frames in both Section A (4th line from the bottom) and Section B (last line) are to be amended to read 3P1 days. This ordinance will be re-drafted and submitted for final reading at the April 2, 1985 Regular Meeting. 3. A RESOLUTION AMENDING THE REQUIREMENTS FOR THE NUMBER OF MEMBERS OF THE FINANCIAL ADVISORY BOARD. Inasmuch as this Board now had four active members (3 Regular Members and 1 Alternate Member), this proposed Resolution was placed in abey- • ance pending any further recommendations from Mr. Reese James, newly appointed Chairman of the Financial Advisory Board. • Town Commission Workshop Meeting March 26, 1985 Page 3 of 7 4. PROPOSED ORDINACNE AMENDING CHAPTER 30, SECTION 4.4(e)(8); SECTION 4.5 (e) (8) AND SECTION 4.6 (e) (8) . Bruce Sutherland, Building Official, explained that this proposed amendment was being recommended only as a means of clarification of side set back requirements and was an administrative change only, not a change in the land use requirements. Attorney Sliney stated that due to the administrative nature of the proposed amendment, this matter could be handled through routine ordinance amendment and not fall under the requirements for public hearings etc. Attorney Sliney will draw an ordinance for first reading at the April 2, 1985 Regular Meeting. 85.6 Sunrise-Frederick Property - Reguest for approval of site plan and Unity of Title All Commissioners with the exception of Commissioner Grier had reviewed the plans, which had been unanimously approved by the Planning Board on December 17, 1984. It was noted that this matter was to be the subject of a Special Meeting to be held at 11:f~~! a.m. this date. Attorney Sliney stated that pending the approval of the site • plan today, a formal Resolution would be submitted to the Town Commission for approval at the April 2,1985 Regular Meeting authorizing execution of the accompanying documents consisting of: 1. Declaration of Restrictions 2. Revocation of Plat Approval (east side property) 3. Declaration of Unity of Title (replacing 2 prior Unities) 4. Disclaimer of Interest (regarding Camelot-on-the-Atlantic Homeowners Association) 5. Quitclaim Deed (regarding Camelot-on-the-Atlantic Homeowners Association. Attorney Sliney stated that upon the approval and signing of the Resolution and accompanying documents, and upon their recordation, a building permit could be issued. 85.15 Discussion re audit of Financial Statements for the Town of Highland Beach for the FY Ended 9/3P1/85 The Town Manager recommended the retention of Nowlen, Holt, Miner & Kisker, CPA's, at this time for the amount of $12,6~JP1.00. Mr. Williams felt that the retention of a CPA firm early in the fiscal year would benefit the Town by having professional consultants on hand should financial questions arise. It was noted that past practice was to retain the CPA firm near the end of each fiscal year. Commissioner Stewart recommended deferring this matter until a full Commission was • present, and further suggested that bids be received prior to retention of any audit firm being approved. Both Commissioner Grier • Town Commission Workshop Meeting March 26, 1985 Page 4 of 7 and Commissioner Basso stated that the quality of the work of the audit firm should be considered along with the proposals. It was the consensus of the Town Commission that this matter be deferred until Mayor Sullivan's return. REPORTS - TOWN COMMISSION: Mayor Edward J. Sullivan - Absent Vice Mavor Marv Louise G. Blosser Vice Mayor Blosser requested the compilation, of a list of unfinished projects in the Town. Vice Mayor Blosser cited a copy of a Petition which had been submitted to the Boca Cove Property Association by Giuseppe Fossa and several neighbors involving leaves blowing from the north to the south side of Russell Drive. Mr. Fossa was present and requested the Town's assistance in the alleviation of this problem. Mr. Jose Echeverria was also present, who is a resident of Russell Drive and stated that this was a neighborhood problem and the Boca Cove Property Association • (of which Mr. Echeverria is Vice President) was doing everything possible to alleviate the problem. Vice Mayor Blosser recommended that the Town wait to hear from Reg Harding, President of the Boca Cove Property Association. Mr. Savino, of the Greening of AlA Committee was present, and was aware of the problem, but did not know what the Town could do about it. Commissioner Basso stated that the aesthetics of the entire Town was a concern to the Town Commission and something should be done. It was the opinion of the Town Attorney, as well as a majority of the Town Commission, that this problem was caused by the nature of the trees planted in that area, and that this was a problem to be solved by the private property owners. The Vice Mayor will submit proposed Resolutions of appreciation for former Mayor Horton and former Commissioner Paul at the April Workshop Meeting. Vice Mayor Blosser requested that as a last Workshop Agenda Item for the April Workshop, administrative problems, policies and suggestions be discussed. The Vice Mayor noted that the City of Boca Raton had published a booklet recommending 300 helpful hints for water conservation and suggested that the Town obtain a copy for our use. This meeting was recessed from 11:00 a.m. until 11:30 a.m. for the purpose of holding a Special Meeting. • Upon re-convening the Workshop Meeting, Town Commission Reports were • Town Commission Workshop Meeting March 26, 1985 Page 5 of 7 continued. Commissioner John J. Basso- Commissioner Basso reported on a trip made to the Water Treatment Plant, and read a Memorandum from Joe Moss, Director of Utilities, dated March 25, 1985 which cited several maintenance items needing attention at the WTP. Commissioner Basso recommended that the entire Town Commission make a site inspection at the Water Treatment Plant with a view toward upgrading the plant. Further, Commissioner Basso recommended the study of obtaining another well for the Town, and the elimination of the dogs now housed at the plant. The Vice Mayor stated that the entire matter of the Water Treatment Plant needed study upon the return of the Mayor and further recommendations would be forthcoming. Commissioner Basso further stated that he felt the Police Department as well as Town Hall needed painting and upgrading. Commissioner Stewart noted that this matter be studied for "spot painting" and upgrading the maintenance rather than full painting. The Town Manager will look into these matters, separating the "refurbishing" from the • "maintenance", and further find out when the police department was last painted and will report back to the Town Commission. Commissioner Basso finally recommended that inasmuch as the Workshop Meetings have been reduced in time, that the time of the meetings be changed to 1:30 p.m. This matter will be discussed as a part of the policy recommendations at the April Workshop Meeting. Commissioner William A. Grier- Commissioner Grier reminded the Town Commissioners that a representa- tive of Senator Lawton Chiles would be visiting Town Hall tomorrow and asked if any special requests should be made by the Town. The Town Manager noted that he planned on requesting assistance re beach erosion. Commissioner Basso recommended that the Town Manager also note the Town's support for Senator Hawkin's bill regarding Social Security Tax. Commissioner Betty Jean Stewart- Commissioner Stewart inspection of the To project at the Water Commissioner Stewart of sod, and that she improvements of this • for consideration at recommended that the Town Commission make a site wn's property adjacent to the Stevenson Design Treatment Plant recently landscapped by the Town. noted that this consisted of a 80' x 300' parcel would be forthcoming with a proposal for further lot prior to the April 2, 1985 Regular Meeting that meeting. • Town Commission Workshop Meeting March 26, 1985 Page 6 of 7 REPORTS - TOWN ATTORNEY: The Town Attorney reported on the following matters: 1. Boca Highland lawsuit - This matter is scheduled for oral arguments in late April. 2. Ocean Terrace lawsuit - Depositions are being re-scheduled. Motion to Dismiss will be heard on May 29, 1985. 3. Hoffman matter - A Resolution rescinding Resolution #399 will be submitted for adoption at the April 2, 1985 Regular Meeting. 4. Upon question, was advised that the paragraph which was adopted regarding transcripts at the top of the Town Commission Agendas and Public Notices was also being utilized by the various Boards of the Town. 5. Royal Highlands project - Cited a letter received from Holland & Knight, Attorneys, dated March 22, 1985, re- • questing Town Commission review for purposes of a response at the April 2, 1985 Regular Meeting. 6. Milani project - Cited a letter from Greenblatt Yusim & Stavins, Attorneys, dated March 16, 1985, requesting an extension of time. The Town Clerk advised that Mr. Milani had requested placement on the Regular Meeting Agenda when submitting this letter. Attorney Sliney requested that this entire matter be placed on the Regular Meeting Agenda for April 2, 1985, with a view toward a response to this letter. REPORTS - TOWN MANAGER: The Town Manager reported on the decrease in the crime rate in the Town of Highland Beach over last year, in comparison to the increase of crime statewide. Mr. Williams read a letter from Villa Magna, which encompassed two Resolutions, one of which opposed the construction of a dock by the Holiday Inn, and the other complaining of the condition of the Holiday Inn roof. The Agendas are now being televised on Channel 11, Cable TV. The Town now has $1,500,f~f~0.0P! liability insurance in effect and proposals are still being sought for the increase of this insurance. • Town Commission Workshop Meeting March 26, 1985 Page 7 of 7 The Town Manager reported that he would be out of town between May 1 and May 5, 1985 attending a Florida City/County Managers Meeting at the Sheraton Palm Coast. 32 flags have been placed along AlA representing trees which will be planted by the Greening of AlA Committee. A request by Stevenson Design to use the Town property on Federal Highway, as well as the easement belonging to Arturo's Restaurant for parking during a grand opening festivity was denied. In response to Commissioner Stewart's inquiry, it was noted that the Final Report due from Greeley & Hansen regarding the Highland Beach/ Delray Beach Sewer Issue is expected by next Friday, April 8, 1985. There being no further business to come before the Town Commission, the meeting was adjourned at 12;10 p. . APPROVED : ~ ~~'o~~-- Edward J. Sulliva Mayor L~ Mary I,,~ise„ G._ Blosser,Vice Mayor ot3XT"J/.'~"asso, Commissioner 7 ~~ ~~,~~ ~ ~ ~,~ 1 William A. Grier, ommissioner Bet Jean Stewart, Commissioner AT T CL K DATE: ~~3~~ r-