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1985.12.03_TC_Minutes_Regular _ ~ , ,~ , TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, December 3, 1985 _ 1: 3P! P.M. The Regular Meeting of the Town Commission was called to order by Mayor Edward J. Sullivan in the Town Commission Chambers. Also present were Vice Mayor Mary Louise G. Blosser, and Commissioners John J. Basso, William A. Grier and Betty Jean Stewart. Also present were Town Attorney Thomas E. Sliney; Town Manager Hugh D. Williams; Building Official Bruce Sutherland; Town Clerk Mary Ann Mariano and members of the general public. The Pledge of Allegiance to the Flag was given and the roll call taken by the Town Clerk. Approval of Minutes: The following Minutes were submitted for consideration: October 29, 1985 - Workshop Meeting November 4, 1985 - Regular Meeting November 15, 1985 - Special Meeting re Royal Highlands ;~ MOTION was made by COMMISSIONER STEWART/VICE MAYOR BLOSSER to approve the Minutes as submitted. The MOTION carried unanimously. Public Comments and Requests: Mrs. Doris Rome, Vice-Chairman of the Planning Board reserved her right to address the Town Commission regarding the Boca Highland item on the agenda as well as any discussion involving Teron International (Royal Highlands) later in the meeting. Mr. Lorenz Schmidt, Vice-President of Teron International (Royal High- lands) addressed the Town Commission urging their setting of a meeting prior to the already scheduled December 18, 1985 meeting to review the proposed Settlement Agreement which had been drafted by the respective attorneys. Inasmuch as the Agreement had only been distributed one day earlier, it was the consensus of the Town Commission that no time be set at this point until the Agreement could be reviewed, especially in view of the fact that there seemed to be several differences of opinion regarding the content of the Agreement between the attorneys. Mr. Schmidt will be advised if another date is set for review of the proposed Agreement. ,,. .. ,~ . Town Commission . December 3, 1985 Page 2 of 7 Regular Meeting REPORTS - TOWN COMMISSION: Mayor Edward J. Sullivan - Mayor Sullivan reported on correspondence from the Palm Beach Legisla- tive Delegation advising of meeting dates throughout the County to hold public hearings for input into the agenda itmes for the upcoming legislative session. Mayor Sullivan did note the Town Commission would be compiling information fora presentation to the Legislative Delegation opposing the present method of assessment for fire/rescue services provided by the Palm Beach County Fire/Rescue Department. Vice Mayor Mary Louise G. Blosser - No Report. Commissioner John J. Basso - No Report. Commissioner William A. Grier - Commissioner Grier commended the Town Attorney on his recent success in the ITCO (Beach Walk West) matter. Commissioner Grier also noted that he would defer any comments he had regarding the acquifier until • the December Workshop Meeting at which time the operations of the Water Treatment Plant would be discussed. Commissioner Betty Jean Stewart - Commissioner Stewart reported on her recent attendance at the Palm Beach Countywide Beaches and Shores Meeting and several actions taken, including further information on the approval of a rock revetment wall. at The Breakers Hotel in West Palm Beach and the restoration of the Carlin Park Beach at the Jupiter Inlet. The next meeting of this Council will be held on December 9, 1985 at 2:00 p.m. Commissioner Stewart read an excerpt from a report from this Council which epitimized the growth of the Council's financial needs, a matter which Commissioner Stewart expressed great concern. REPORTS - TOWN ATTORNEY: It was noted that the proposed Teron International (Royal Highlands) Settlement Agreement would be discussed at a meeting scheduled for December 18, 1985, and encouraged the Town Commissioners to note any particular ideas regarding this document and transmit them to him prior to this meeting. It was noted that a Resolution honoring former Town Commissioner Harry Bauer had been deferred to the Vice Mayor, who requested that the matter be deferred until the latter part of the meeting. • Town Commission Regular Meeting . December 3, 1985 Page 3 of 7 It was noted that the agenda item dealing with the request of Boca Highland for an extension of the RPUD was scheduled to be heard at this time. Mayor Sullivan advised Mr. Delaney that he would be given 30 minutes in order to make his presentation. Mr. Delaney noted that the presentation he had prepared, which included a slide sequence, would run approximately 55 minutes. Mayor Sullivan noted that the matter of the extension request was the only matter before the Town Commission at this time and a 55 minute presentation was not justified at this time, inasmuch as all the Town Commissioners were aware of the background of this matter. Mr. Delaney was given 15 minutes to work on the reducing of his presentation to 30 minutes. In the meantime, the Town Commission continued with its regular agenda. REPORTS - TOWN MANAGER: I• Mr. Williams noted that the hardware for the computerization of the Finance Department had been placed on order and would be delivered prior to Christmas, as was the payroll software program. The Town Manager reported that the Finance Department staff would be attending special training seminars in Fort Lauderdale between December 17 and 30 in order to have the payroll program on line with the January 6, 1986 Payroll Period. Mr. Williams also noted that the software for the general ledger and utility billing programs had not been ordered yet, however, would be purchased in time to be on line in March, 1986. In reply to Commissioner Basso's question, the Town Manager noted that the software purchased would be from HTE. Mr. Williams reported that the underwater divers retained to inspect the damaged Intracoastal water line would perform the inspection on Thursday, December 5, 1985. REPORTS - BOARDS AND COMMITTEES: a) Board of Adjustment - No meeting until January. b) Code Enforcement Board - Will meet 12/18/85 at 9:30 a.m. c) Community Appearance Board - Will meet 12/19/85 at 9:30 a.m. d) Financial Advisory Board - Will meet 12/18/85 at 10:00 a.m. e) Library Board - Board Meeting 12/18/85 at 9:30 a.m. Program "Holiday Music and Cookie Carnival on 12/20/85 at 3:30 p.m. f) Planning Board/Local Planning Agency - Will meet 12/11/85 at 9:30 a.m. 1 Regular Member Town Commission Regular Meeting December 3, 1985 Page 4 of 7 It was noted that it was the recommendation of the Planning Board to re-appoint Irving Saunders as a Regular Member for a three year term. Vice Mayor Blosser expressed concern regarding Mr. Saunders' health, however, Mrs. Rome, Vice-Chairman of the Planning Board noted that the Board Members had taken this into consideration and due to Mr. Saunders continued attendance and participation, it was unanimously recommended to re-appoint him. MOTION was made by COMMISSIONER BASSO/ COMMISSIONER STEWART to re-appoint Mr. Saunders as a Regular Member ~8~ Cod"ill'~ggi~3~~~st~ra~so,v~fge~a~f3~ ~lt~v~~g~ ~8~~~ ~~~: ~~~°t~O~'Y~~ivan carried. g) Police Advisory Board - Will meet 12/20/85 at 10:00 a.m. • Mayor Sullivan noted that this Board was still in the interviewing process of Talent Bank Applicants for an existing Alternate position. Commissioner Stewart then submitted a public notice clipped from a newspaper wherein th itms to be discussed was written in language easily understandable to the public rather than only using Code and Section numbers, recommending that Highland Beach consider using such a format. Mayor Sullivan then noted the times and dates of the various public hearings to be held by the Palm Beach County Legislative Delegation relating to the upcoming legislative session as mentioned earlier. The Mayor also referred to the escalating costs of fire service and the Town's concern. The Town Commission will discuss this entire matter and plans for a presentation to the County Delegation at the December 18, 1985 Meeting, as well as will post the dates for the hearings in the next issue of The Bulletin. The Bills for Approval as follows were submitted at this time. ALL-RITE PAVING, INC. Bel Air Dr. Estimate #2 Estimate #3 CAMP DRESSER & MC KEE, INC. Water, Misc Adv. Service " Well Field Expansion Cap.Proj. Bel Air Dr. ~~ ~~ COASTAL TECH Royal Hi-Eng. Ser. COOPERS & LYBRAND Billing #1 NCNB NATIONAL BANK Sewer Rev. Bond Payment $ 10,462.50 29,138.38 1,623.01 2, 475.00 2,.750.00 1,375.00 1,919.40 12,500.00 54,600.00 • ., a y Town Commission Regular Meeting December 3, 1985 Page 5 of 7 SHOUP & McKINLEY Drexel Management Expert Witness #1 Witness #2 SUN BANK Interest 1965 Bond Issue J. WILLIAMS PUMP SERVICE WTP-Pull & Repair Transfer Pump 616.79 560.00 542.69 816.35 TOTAL ................................ $119,375.12 Mr. Tom Delaney, representing Boca Highland, Inc., summarized the history of the Boca Highland project, and cited various correspondence between all the parties involved. Mr. Delaney urged the Town Commission to approve a request for the extension of the RPUD which had expired July 1, 1985, with respect to the B and C sites. Mr. Delaney mostly based his request for the extension on correspondence from the former Town Manager, Ms. Roberts, noting that the RPUD term expired in 1988. However, due to various factors, including the fact that Mr. Delaney had sufficient knowledge of Ordinance 282 and the provisions therein, it was the opinion of the Town's legal counsel that justification did not exist for the extension. Attorney Mark Schorr, representing the Braemer Isle Condominium Association concurred in Attorney Sliney's opinion. Mr. Delaney noted that the only alternative should the extension request be denied was to to go court based on a case of equitable estoppel. Neither Attorney Sliney nor Attorney Schorr felt that an equitable estoppel defense would be an adequate cause of action. Both attorneys felt that any cause of action on an equitable estoppel basis would require a plaintiff to have "clean hands" and not be in a position wherein so many unknown factors were present, as in Mr. Delaney's case. It was also pointed out that the Planning Board had also reviewed this matter and had recommended its denial prior to consideration by the Town Commission. Discussion ensued regarding Commissioner Stewart's point that although Mr. Delaney might have taken a loan using the subject property (along with others) as collateral, there was no proof that the money would in fact be used on the B and C sites at Boca Highland. Mr. Delaney based his delay in proceeding with the project partially on economic reasons. After substantial discussion, MOTION was made by COMMISSIONER GRIER/COMMISSIONER BASSO to deny the request for the extension of the RPUD request. Upon roll call vote, the MOTION carried unanimously. Further, concurring in the recommendation of the Planning Board, MOTION was made by COMMISSIONER STEWART/COMMISSIONER BASSO that the Planning Board review this matter with a view toward the rezoning of B and C sites to an appropriate zoning classification. Roll call vote was again taken with all voting aye, and the MOTION carrying unanimously. Vice Mayor Blosser also noted that the Planning Board needed to consider whether the property would fall under the requirements of Zoning Ordinance 306 or 503. Mrs. Doris Rome, Vice- Chairman of the Planning Board then thanked the Town Commission for their action. .~ ,.. ,. Town Commission Regular Meeting December 3, 1985 Page 6 of 7 A five minute recess was then taken. Upon re-convening the meeting, it was the consensus. of the Town Commission to discuss the matter of addressing the Legislative Delegation with regard to relief on the method of taxation for fire/ rescue services at the Special Meeting scheduled for December 18, 1985 , Discussion ensued regarding the construction of a seawall on Lots 49, 50 and 52 E. It was noted that based on the Minutes of the December 18, 1984 meeting, approval was given to forward a Letter of No Objection to the DNR on the project at the request of Jim White of B. K. Marine, however, no formal approval had been given to the project. Mr. Sutherland, Building Official, did not a memorandum from himself forwarded to the Town Commission on October 16, 1985 advising of the project and the construction. Commissioner Stewart noted that her concern regarding the project was due to the steel construction and the appearance of same, noting that a concrete covering would have been preferred. Mr. Sutherland will meet with Mr. White of B. K. Marine to discuss the alternatives and will report back to the Town Commission. Mr. Sutherland also noted that he had received a letter from the DNR ~tating that seven residents along the beach had applied for the con- struction of a rock revetment, which matter will be presented to the Town Commission at an early date. A Resolution honoring former Town Commissioner Harry Bauer was then read and amended for clarification, after which MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER BA5S0 to approve same. The MOTION carried unanimously. It was noted that no further action had been taken with regard to the Delray Beach/Highland Beach Sewer Issue. Commissioner Basso stated that this matter needed to be resolved as soon as possible. There being no further action to come before the Town Commis ton at this time, the meeting was adjourned at 4:05 p,,a~1, APPROVED: wara ~ . 5u1/1/~van, Mayor Mary ouise G. Blosser,Vice Mayor • 'r • Town Commission Regular Meeting December 3, 1985 Page 7 of 7 asso, comm,is~ioner William A. Gri r, o missloner Bet Jean Stewart, Commissioner TEST: O'JrL• CL RK DATE: ~- ~~ I