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1985.04.30_TC_Minutes_Workshop~• TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, A ril 30, 1985 1:30 P.M. The Workshop Meeting of the Town Commission was called to order by Mayor Edward J. Sullivan at 1:30 p.m. in the Town Commission Chambers. Also present were 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; Town Clerk Mary Ann Whaley and members of the general public. 85.1 Public Comments and Requests: Mr. Terry Brooks of 2575 South Ocean Boulevard (Townhouses of Highland Beach) addressed the Town Commission recommending the consideration of a new ordinance which would regulate deliveries i.e. newspapers within the Town between the hours of 10:00 or 11:00 p.m. and 6:00 a.m. Mr. Brooks will submit this recommendation in writing, at which time the Town Commission will further consider same. Mr. Michael Dent of Bel Lido addressed the Town Commission stating that the proposed purchase of Mr. Milani's property by the County for a park had been disapproved by the County Commission due to the excessive . cost. Also, Mr. Dent spoke in opposition to the Town considering changing the water system to a recommended chloride residual system, which type system is now operated by both Boca Raton and Delray Beach, as well as his concern over the staffing at the Water Treatment Plant since the resignation of Mr. Moss, former Utilities Director. Mr. Jose Echeverria addressed the Town Commission concerned about a meeting which occurred on April 9, 1985, between the Town Manager and the Town's engineers (CDM), as well as South Florida Water Management District, at which meeting members of the Town Commission were present with no notice posted. The Town Manager reported that this was his meeting and the Town Commission was merely invited to attend with no action being taken. Mr. Robert Moresi, Mr. Larry Adams and Mr. Jay Ameno representing Camp Dresser & McKee, the Town's engineers were present, with Mr. Morosi addressing the Town Commission and submitting information regarding the construction of a monitoring well as well as elaboration on a proposed study. of the Town's existing facilities and need for expansion of water resources. Mr. Ameno noted that in regard to the study of resources need in the future, a 20 year study would be considered. The Town Commission noted that any contracts for the proposed work be separate from the Town's existing engineering contract with CDM. Mr. Morosi also advised that with regard to the construction of a monitoring well, this construction could be handled totally by the engineers, with CDM conducting the bidding and installation, or by the Town bidding the t, Town Commission Workshop Meeting April 30, 1985 Page 2 of 8 project. The Town Attorney will render an opinion on this subject at the May 7, 1985 Regular Meeting, at which time Resolutions will also be drawn authorizing the entering into of the appropriate contracts with the engineers for these two tasks. 85.2 Boards and Committees: Board of Adjustment - 1 Regular Member vacancy due to the death of Stephen C. Doig. A recommendation was received from this Board to appoint Mr. Charles Arbetman, an Alternate Member to this vacancy. Commissioner Grier indicated that he would not be at the May Regular Meeting, however, wanted to express his support of Mr. Arbetman's appointment. This matter will be placed on the Regular Meeting Agenda for May 7, 1985 for possible action. Community Appearance Board - Alternate #1 Vacancy due to the ex- piration of term of Helene Harris who was originally appoint- ed to this Board in May of 1984. The possible re-appointment of Mrs. Harris will be considered at the May 7, 1985 Regular Meeting. Planning BoardjLocal Planning Agency - Alternate #2 vacancy due to the expiration of term of Amelie Leng who was originally appointed to this Board in May of 1984. The possible re- appointment of Mrs. Leng will be considered at the May 7, 1985 Regular Meeting. Palm Beach County Beaches and Shores Council - It was noted that this Council would function as a Palm Beach County forum to address problems faced by beachfront communities. Mayor Sullivan recommended the appointment of Commissioner Stewart to this Council, which appointment will be addressed at the May 7, 1985 Regular Meeting, along with a proposed Resolution entering into an Interlocal Agreement to join this Council. 85.3 Proposed Ordinances and Resolutions: AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 30 ENTITLED "ZONING" SECTION 4.4(e){8) SECTION 4. 5 (e) (8) , AND SECTION 4.6 (e) (8) ALL ENTITLED "HIGH-RISE SETBACKS" FOR THE PURPOSES OF CLARIFICATION OF HIGH-RISE SETBACK REQUIREMENTS. As noted later in the meeting by the Building Official, this proposed Ordinance, which received first reading at the April 2, 1985 Regular Meeting was merely for clarification purposes. This proposed Ordinance will be placed on the May 7, 1985 Regular Meeting Agenda for possible Town Commission Workshop Meeting April 30, 1985 Page 3 of 8 adoption. It was noted at this time, that although a presentation by Ms. Jean Ellis regarding turtles was on the Agenda, that Ms. Ellis had asked that this item be removed from the Agenda. Commissioner Stewart noted that she had talked to Ms. Ellis and transmitted her concern regarding the beach cleaning equipment on the beach disturbing the turtle nests. The Town Manager will request that either the beach cleaning firms use smaller equipment or find alternate accesses to the beach in order to avoid traversing such long distances along the private sections of beachfront properties. 85.16 Presentation by Teron International re Development of the Royal Highlands Project: At the request of Stephen Moss, Attorney for Teron International, this matter was withdrawn from the Agenda. 85.17 Presentation by Brian Taub re Hidden Harbor Development: Mr. Brian Taub and Ms. Randy Shatz, representing Sentinel Communities, as well as Mr. Murray Steinfeld, prospective purchaser of the project were present. Mr. Taub advised the Town Commission that the project was totally owned by Sentinel Communities, Broadview Savings and Loan and Zaremba Communities as Joint Venture Partners, and that Mr. Hoffman had no interest in these particular tracts. Mr. Steinfeld advised the Commission that should he purchase the property, he intended to construct rental apartments which would offer housekeeping, meal, transportation and other services to the elderly. Attorney Sliney indicated that he felt that these services would not be allowed in any of the zoning classifications in Highland Beach. The expiration of time of construction with regard to the existing RPUD was also a point of contention with Mr. Taub citing a letter received from Mayor Horton putting the completion deadline at 1990. However, it was the opinion of the Town Attorney that no amendment to the existing RPUD had ever been adopted by the Town Commission and therefore the construction must be completed by July 1, 1985 in conformance with Ordinance 282, creat- ing the RPUD. Responding to Mr. Taub's inquiry, Mr. Sliney advised that this would relate to the east side property as well, and as of July 1, 1985, all property would revert to present zoning requirements. 85.18 Discussion regarding proposed ordinance regarding prohibition of fund raising events which would attract non-residents, etc. (requested by Commissioner Stewart): It was the general consensus that existing code sections might be ap- plicable to these situations, but such sections might be expanded. As Commissioner Stewart submitted the original request for this matter to • Town Commission Workshop Meeting April 30, 1985 Page 4 of 8 be studied, she will research the matter further with a view toward the expansion of existing code sections. 85.19 Discussion re recommendation of Board of Adjustment to allow encroachment of pool screen enclosures: It was the general consensus of the Town Commission to disapprove of this recommendation inasmuch as the allowance of such screen enclosures would severely affect the "open space" in Town. It was noted that this consideration had not been addressed by the Board of Adjustment prior to their making such a recommendation. 85.20 Discussion re proposed revision to contract between the Town and the Palm Beach County Eire/Rescue Dept.: It was noted that the requested revision adjusted the time frame of payment beyond the time of appeal of assessments in order to more accurately reflect the amounts due from the various municipalities involved in the Palm Beach County Fire/Rescue Department. It was the consensus of the Town Commission to approve this revision, which item will be included on the Consent Agenda of the May 7, 1985 Regular Meeting. 85.21 Discussion re proposed Ordinance from the South Florida Water Management District relating to emergency procedures: Inasmuch as the Town now has some conservation regulations on the books, and the fact that any restrictions promulgated by the SFWMD would supersede all municipal codes, it was the consensus of the Town Commission that this proposed Ordinance not be adopted. It was further the opinion of the Commission that the enforcement of regulations imposed by the SFWMD should be carried out by the SFWMD. 85.22 Discussion re proposed House Bill 287 relating to growth management (requested by Commissioner Stewart): It was the consensus of the Town Commission that this proposed Bill should be followed closely. It was further noted that the Town's Legislative and Senate representatives had been advised of the Town's opposition to this legislation. 85.23 Discussion regarding administrative policies, procedures and recommendations (requested by Vice Mayor Blosser): This matter was deferred until the Town Manager's Report. Town Commission Workshop Meeting Page 5 of 8 REPORTS - TOWN COMMISSION: Mayor Edward J. Sullivan - Mayor Sullivan reported on a Group Homes Bill which was passed by the Legislature and submitted to the Senate this week which would adversely affect municipalities by forcing group home zoning classifications. A report on the status of the artificial seaweed project was given indicating that improvement on the beaches to the north and south of the project had been detected. The Mayor advised of a meeting regarding Wastewater being held in Orlando on May 16, 1985. The Mayor further read a letter from County Commissioner Dorothy Wilkin advising of a meeting on May 6, 1985 to determine the feasibility of creating a Palm Beach County Council of Governments. Mayor Sullivan noted a letter from Mr. Slagle opposing the Town's involvement in ocean rescue, and further noted that Mr. Evans of Boynton Beach was available to discuss ocean rescue with any group or organization desiring such a speaker, with information being available at the police department. Mayor Sullivan also read the resignation of Mr. William Wernecke from the Planning Board. Vice Mayor Mary Louise G. Blosser - Vice Mayor Blosser was absent. Commissioner John J. Basso - Commissioner Basso reported that the Final Report had been received from Greeley & Hansen on the dispute of sewer charges between Highland Beach and Delray Beach, noting that said report should be accepted at the next meeting, after comments had been received on the report from the Town Attorney. The Town Manager advised the Town Commission that funds were available to pay the entire due amount, should the Town Commission desire to do so, and also noted that the current surcharge would need to be continued in order to pay the negotiated amount. It was further noted that in the Stipulation, there was a provision for the payment within 10 days of receipt of the Final Report of $150,000, however, it was not clear how that time frame related to the actual acceptance by Delray Beach as well as Highland Beach of the Final Report. It was the consensus that the Town Manager would immediately send a letter to the City Manager at Delray Beach, indicating that the Town was prepared to pay the agreed to amount, pending Delray Beach's ~, Town Commission Workshop Meeting April 3~, 1985 . Page 6 of 8 interpretation of the language of the Stipulation. The payment of the remainder of the funds due will be further studied when total amounts are submitted including the required interest. Commissioner William A. Grier - Commissioner Grier indicated that he findings concerning the taste, color an appropriate time to coincide with regarding same. Commissioner Grier indicated concern access to the Town's copying machine to feasibility. wauld have a report on his and quality of the Town's water at the Town engineers recommendations regarding allowing the public which matter will be examined as Commissioner Grier indicated that he would have a memorandum forthcoming to the Town Commission regarding his views on ocean rescue and safety. Commissioner Betty Jean Stewart - Commissioner Stewart expressed her concern regarding the Town Manager's departure to a statewide conference without prior approval of the Town Commission. Commissioner Stewart requested a written report from the Finance Department stipulating where the funding was coming from for the proposed tasks being undertaken by CDM involving the construction of the monitoring well, as well as the study of existing wellfields and further needs. Commissioner Stewart requested information from the Town Attorney regarding the proposed uses as expressed by Mr. Steinfeld on the Hidden Harbor project and if they could be construed as business uses. REPORTS - TOWN ATTORNEY: Attorney Sliney noted that a misunderstanding had reached several residents in Town regarding the Milani matter and that clarification needed to be given that Mr. Milani had not been given any extension of time on his project. Attorney Sliney indicated that Judge Lupo had the Boca Hi matter under advisement and would render a decision on the case at an early date. Attorney Sliney further reported on adopted legislation in favor of municipalities involving anti-trust lawsuits and liability of municipalities with regard to building inspections. • r~ Town Commission Workshop Meeting April 30, 1985 Page 7 of 8 REPORTS - TOWN MANAGER: Mr. Williams reported that with regard to the Bel Air Drive bid open- ing, only one bid was received. It was the recommendation of the Town Manager, as well as the Town Engineer, that one bid was not adequate upon which to base an award, and therefore the bid was returned unopened. It was noted that the Engineers had contacted other firms and that the bids would again be opened on May 23, 1985, with at least three bids expected. The Town Manager reported that he had researched the matter of installation of a chain link fence around the newly landscaped property at the Water Treatment Plant and had determined the cost to be approx- imately $5,500. Further, this matter would have to be submitted to the Boca Raton Community Appearance Board with little chance of approval. It was the recommendation of the Town Manager that inasmuch as this fence would not be protecting any structure, that no fence be installed at this site. It was noted that the active part of the Water Treatment Plant site was already fenced. Mr. Williams reported that the six month financial statements had been submitted and that monthly reports would be forthcoming at an early date. The Town Manager also stated that the Town was running on target with receipts and expenditures for the budget year. It was reported by Mr. Williams that County Sanitation had submitted their intent, in writing, to exercise their option to renew their contract for an additional five years until 1990. It was noted that there were certain provisions in the contract which were in the process of negotiation regarding charges and requirements which needed addressing. Mr. Williams will meet with Mr. Gaudette of County Sanitation and will report back to the Town Commission within the next thirty days. The Town Manager then submitted his report entitled "Observations, Recommendations and Thoughts", to the Town Commission and summarized the comments therein. Said report is attached to these Minutes and made a part hereof. The Town Manager then noted that in regard to Commissioner Stewart's concern regarding his departure for a statewide conference, he had misunderstood the terms of his employment agreement and asked at this time for approval to attend the Florida City/County Managers Conference in Palm Coast. It was the consensus of the Town Commission to allow Mr. Williams to attend. General concern was expressed over the fact that the Town Commission was not made aware of when employees were not going to be at work reiterating their concern over two employees from any one department being gone at the same time. Town Commission Workshop Meeting April 30, 1985 Page 8 of 8 Commissioner Stewart recommended that the Financial Advisory Board review the proposed recommendations from Camp Dresser and McKee, the Town Engineers with regard to the expansion of facilities at the Water Treatment Plant. There being no further business to come before the Town mission at this Workshop Meeting, it was adjourne at :45 p.m. /J/~. APPROVED: Sull`iyy}~n, Mayor ABSENT C ou~s~G. Blosser,Vice Mayor ~../ h J.!nB~asso, Commis' Toner a Vy~'~ Q ", rr +~./t..C..~ t William A. Grier, C mmissioner • D~~~ a_ Be~~Jean Stewart, Commissioner ATTEST: N C ER DATE: ~ ~~ d"