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1984.03.08_TC_Minutes_Special (2)TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission SPECIAL MEETING Thursday. March 8, 1984 10:00 A.M. A Special Meeting of the Town Commission was called to order by Vice Mayor Mary Louise G. Blosser at 10:00 a.m. in the Town Commission Chambers at Town Hall. Also present were Commissioners William E. Paul, Betty Jean Stewart and Harry Walker. Mayor Louis Y. Horton was absent. Also present were Town Manager Elaine W. Roberts; Town Clerk Mary Ann Whaley; citizens and the general public. It was noted that the purpose of this Special Meeting was an informal discussion regarding the proposed Ad Hoc Evaluation Committee. Dr. Alex Tomeski and Mrs. Jane Rayner of the Financial Advisory Board were present to participate in the discussion of this matter. • The topies discussed as points of concern in the proposed evaluation included the pending possible passage of Proposition One; comparable jobs and salaries in surrounding municipalities; possible duplication of work and effort in the present organiza- tion; possible computerization; the present retirement aged personnel; manpower needs in the police department and turnover of personnel in the water treatment plant due to salary consid- erations. It was the consensus of the Town Commission that the salary portion of the study be undertaken by the Financial Advisory Board. It was also the consensus that all departments be evaluated and that the personnel be advised of this project in order to better understand the purpose of same. It was specifically noted that the Police Advisory Board be appraised of the proposed study to alleviate any problems wherein they might feel they were being undermined. It was further the consensus that Vice Mayor Blosser act as the Town Commission liason to this Commiestee. Dr. Tomeski stated that his concerns included needing the unanimity of the Town Commission on the project; the human and financial resources needed be made available; and a proposed target date for completion of the project. It was the recommen- dation of Dr. Tomeski that the proposed Committee be composed • of three members and that the project be done in two phases, the first of which would consist of a preliminary feasibility Town~Commission March 8, 1984 Special Meeting Page 2 of 2 assessment to gather what would be the goals of the final product. Dr. Tomeski asked that he be furnished with a formalized articulation of the scope of duties and the formulation of the committee itself, citing the Town Commission's specific expecta- tions for time constraints, etc. for the preliminary study. The Vice Mayor will draft a memorandum for submission at the Work- shop Meeting citing all the concerns of Dr. Tomeski for discussion and action at the April Regular Meeting. The Town Manager noted that the following persons had expressed interest in this Committee: Burton Gould; Andrew N. Bennardo; Mrs. Rayner; Commissioner Walker (upon expiration of his term of office on the Town Commission); Harold Cohen, as well as Dr. Tomeski. There being no further business to come before the Town Commission at this Special Meeting, same was adjourned at 11:00 A.M. APPROVED: (ABSENT) Louis Y. Horton, Mayor ATTEST: Town rk `, Date: --~7-a ~-.~., Mary ouise G. Blosser, Vice Mayor ~ ~~~ William E. Paul, Commissioner Betty n Stewart, Commissioner Harry Walker, Commissioner TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, March 6, 1984 1.30 P M A Regular Meeting of the Town Commission was called to order by Mayor Louis Y. Horton at 1:30 p.m. in the Town Commission Chambers. Also present were Vice Mayor Mary Louise G. Blosser, Commissioners William E. Paul, Betty Jean Stewart and Harry Walker. Also present were Town Attorney Thomas E. Sliney; Town Manager Elaine W. Roberts; Town Clerk Mary Ann Whaley; citizens and the general public. The Pledge of Allegiance to the Flag was given. The following Minutes were submitted for approval: • January 24, January 24, January 27, January 31, January 31, February 2, February 7, February 7, February 14, February 14, February 21, February 21, 1984 - Workshop on Zoning 1984 - Special Meeting 1984 - Recessed Workshop on Zoning 1984 - Workshop Meeting 1984 - Recessed Workshop on Zoning 1984 - Recessed workshop on Zoning 1984 - Regular Meeting 1984 - Reeessed Workshop on Zoning 1984 - Special Meeting 1984 - Recessed Workshop on Zoning 1984 - Special Meeting 1984 - Recessed Workshop on Zoning A proposed amendment as recommended by Commissioner Stewart to the January 31, 1984 Workshop Meeting Minutes was submitted. It was recommended that the following language be added to the paragraph on page 8 under Item 84.13 regarding a CDM quote for engineering work: "At this time, Commissioner Stewart requested a step by step written procedure be made available to the Town Commission outlining the process used from the formulation of a project idea through the payment of same. Commissioner Walker requested that this outline include the process used in monitoring a project. The Mayor and Town Manager will work on this matter." Town Commission . March 6 , 1984 Regular Meeting Page 2 of 15 MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER PAUL that the minutes be approved as submitted with the proposed amendment to the January 31, 1984 Workshop Meeting. All voted aye. Public Comments and Reguests- Dr. Richard Orman, representing C. D. Milani and JDS investments Ltd. (Ocean Terrace) addressed the Town Commission. With re- spect to Ocean Terrace, Dr. Orman questioned the Town's policy in returning plans submitted for review during the moratorium. The Town Manager and Town Attorney stated that the Town has not been accepting plans for review while under the moratorium since the Sanibel decision, with the only plans being accepted being those exempt from the moratorium. Dr. Orman stated that he also opposed the proposed adoption of the Comprehensive Plan and stated that its passage would have a detrimental effect on both Mr. Milani's and the Ocean Terrace property, citing specifically the reduction in densities proposed in the Comprehensive Plan. REPORTS: TOWN COMMISSION MaVOr Louis Y. Horton- Mayor Horton reported that the Delray Beach/Highland Beach Sewer Issue was on the Delray Beach Agenda for this evening. The Town Attorney advised that the selection of the engineer was still pending in Delray Beach and no ac- tion was required of the Highland Beach Town Commission at this point. Attorney Sliney also advised the Town Commission that the Stipulation in the matter had been approved, processed and submitted to the Court. Vice Mayor Marv Louise G. Blosser- The Vice Mayor recommended a meeting date be set for the Ad Hoc Evaluation Committee later in the meeting after determination of the MVAB dates are made. • Town Commission March 6, 1984 Regular Meeting Commissioner William E. Paul- Page 3 of 15 Commissioner Paul reported on his attendance at the Palm Beach Task Force on Erosion meeting. Commissioner Paul discussed the recommended make up of the proposed steering committee and goals. It was the consensus of the Town Commission that Commissioner Paul continue to attend these. meetings in behalf of the Town. Commissioner Betty Jean Stewart- Commissioner Stewart requested a report on the status of the Coronado project. The Town Manager indicated that this matter would be made a part of her report. Commissioner Harrv Walker- • Commissioner Walker commented on the information received by the Town Manager from the City of Boca Raton regarding the provision of fire services to the Town of Highland Beach, indicating that the amount quoted was non- competitive. Mayor Horton indicated that a further report would be given on this matter at the March Workshop Meeting. REPORTS: TOWN ATTORNEY- attorney Sliney reported that he had forwarded a letter to the insurance company regarding the damage to the water treatment plant silo caused by a lime spill occurring in December 1983. [attorney Sliney reported that research was continuing on the proposed amendment to the County Sanitation contract, with specific emphasis on the exclusive vs. non- exclusive franchises in view of recent anti-trust decisions being rendered in the state. A further report will be given at the March Workshop. • Town Commission March 6, 1984 Regular Meeting Regarding the Milani that the litigation w Notices of Deposition had been received. Page 4 of 15 Case, Attorney Sliney indicated as continuing and advised that for Ron Hoggard and John Toshner Attorney Sliney indicated that he had several proposed amendments to the zoning schedule as distributed by the Town Manager and would work with the Manager on it. Further, the Town Attorney recommended that the Ordinance regarding the Comprehensive Plan being submitted for adoption today be deferred until the end of the meeting as it was necessary to read the entire Ordinance prior to its passage. REPORTS: TOWN MANAGER- The Town Manager reported that: ~ The Palm Beach County Municipal League met on February 17, 1984 in Royal Palm Beach. Mrs. Jane Rayner, FAB Chairman, attended because the main topic was Proposition One (which will be studied by the FAB with a proposed budget submitted showing the ramifica- tions which would be felt by the Town of Highland Beach should the measure be passed into law). Also, a letter has been written to the Municipal League regarding the proposed "Municipal Sunset Bill" which letter will be taken up at the League Board Meeting. $18,225 has been received from Palm Beach County as their share of the recreation path paving project. Also, $6,225 is being held on the Federal Maintenance Contract pending satisfactory completion of the project. Information regarding fire/paramedic service will be submitted and discussed at the March Workshop Meeting. The bulk of the Town taxes have been received from the Palm Beach County Tax Collector's Office. (Balance Due- $175,772) • A temporary part-time employee, Mary Ciom~, has been hired to assist the Finance Department in the Utility Billing process. Town Commission March 6, 1983 • Regular Meeting page 5 of 15 The correspondence received in the Stutting drovming incident was forwarded to the insurance carriers, with a copy of same being sent to Attorney Ed Cohen. The public has been taken into the Townhouse area of Boca Hi, under construction, which may cause a liability on the p~ t of the Town. Attorney Sliney will write a letter requesting that this practice be discontinued. .~, letter has been received from Mr. Rothman re Braemer Isle and RPUD's in general. Also, it was discussed regarding a problem of a narrow roadway into the Townhouse area which a fire truck might have trouble entering. The Town Manager will request a report from Del Trail regarding their opinion of this matter. • A recommendation was received from the Director of Utilities to have the elevated tank washed out by the Pennwalt Corporation at a cost of $950.00. MOTION was made by COMMISSIONER WALI~R/COMMISSIONER PAUL that this expenditure be appro ved. All voted aye. The EPA will be checking Town water in March/April as part of a random sampling for volatile organic chemicals being present. Mr. Jay Ameno (CDM Engineers), will address the Town Commission at the March Workshop regarding information re- ceived from Geotech Labs regarding water testing for EDB's etc. Mr. Ameno will also discuss the proposal involving the installation of a chloramine system to be compatible to the neighboring towns. As a result of the previous discussions regarding this matter, the Town Manager will gather any information available on dialysis patients in Town Commissioner Stewart requested the Town receive specific recommendations in writing from CDM on these matters. Town Commission • March 6 , 1984 Regular Meeting Page 6 of 15 An extension of time has been received on the Stevenson Design contract for the Town's landscaping of the 75' strip of land located on U.S. 1 in Boca Raton adjacent to the water treatment plant. Commissioner Stewart referred to an article by Gene Joyner of the Palm Beach County Agricultural Station as it appeared in the recent issue of the Monday Paper with regard to the growing and maintenance requirements of 42 different hedges growing on display at the West Palm site. She requested that he be consulted for his recommendations on this project. Commissioner Paul requested that this matter be discussed in depth at the March Workshop with possible action being taken at the April Regular Meeting. The Town has been corresponding with theDOT regarding the replacement of the Town sign which was removed on Spanish River Boulevard, as well as an overhead sign proposed for the intersections of Spanish River • Boulevard and AlA and Linton Boulevard and AlA. A letter complaining about the newspaper racks has been received from Mr. Slagle. Mr. Colman of Villa Magna has written the Town requesting assistance on a problem with Highland Beach Cable TV. It was the consensus of the Town Commission that the Town should not involve itself in this matter at this time. The Town Commission was not yet prepared to give final comments to the DER, DNR and Army Corps of Engineers re- garding a proposed dock at Holiday Inn because plans and specifications are still outstanding. The status of Coronado was discussed with specific emphasis on the garage screening being proposed. Commissioner Stewart questioned the bond submitted on the work, requesting an explanation as to how an extension was given on the original bond. Attorney Sliney will research the matter and report his findings at the March Workshop. The Town Manager will call Coronado and express the Town's disappointment regarding this project. Town Commission • March 6 , 1984 Regular Meeting Page 7 of 15 Information regarding unsold apartments was submitted to the Town Commission with the Town Manager reporting that no C/O's or permits had been issued this month. Plans for the remodeling of the Barnes house have been submitted and are available for inspection in the Building Department. Vice Mayor Blosser has filed to run for re-election. John J. Basso has filed to run for the Office of Commissioner. Commissioner Walker will not run for re-election. The deadline for filing is Monday, March 19, 1984. 1~ recommendation was received from Chief Jones for the purchase of a Ford LTD from Terry Ford in Pompano Beach at a cost of $7,522. MOTION was made by COMMISS IONER WP,LKER/COMMISSIONER PAUL to approve • the purchase. x,11 voted aye. The Police Department monthly report was previously submitted to the Town Commission for information. A CDC Meeting will be held on March 13th at 2:30 p.m. The Water Consumption for the month: 34,662,000 Raw 27,534,000 Treated The proposed schedule regarding the passage of the zoning ordinance will be revised upon recommendation of the Town Attorney. Work is progressing on a flow chart showing the stages of a project from idea inception to payment, including the monitoring process. The Town has received an additional $1,536.25 on the Massengill fine, with a balance owing of $6,263.75 through the end of February. Commissioner Paul reported that work was continuing on the project with one unit • left for sale. In reference to a request for a breakdown of 115 fire and other calls taken by Del Trail, the Town Manager reported that other than information indicating that less Town Commission March 6, 1984 Regular Meeting page 8 of 15 i than 10 of these calls were actual fires, it was impossible for Del Trail to catagorize the rest. REPORTS: BOARDS AND COMMISSIONS: a) Board of Adjustment - A Public hearing on a variance request regarding the Kinser property will be held on March 15, 1984 at 1:30 p.m. A public hearing on a variance request regarding the proposed wall at Camino Cove (Milord) will be held on March 23, 1984 at 1:30 p.m. b) Code Enforcement Board - The CEB will be meeting on March 14, 1984 to discuss • correspondence from the Town Attorney regarding recreational vehicles. c) Community Appearance Board - MOTION was made to re-appoint Frank Savino as a Regular Member for a three year term by COMMISSIONER STEWART/COMMISSIONER WALKER. All voted aye. The Town Manager will be meeting with MrsE Nita Martin, Chairman, to discuss the sign code. d) Financial Advisory Board - MOTION was made by COMMISSIONER PAUL/~7ICE MAYOR BLOSSER to accept the re~rignation of Mr. Ed Davis. The MOTION carried unanimously. MOTION was made by COMMISSIONER STEWART to appoint Mr. Benjamin Cohen as a Regular Member to this Board. This MOTION died for lack of a second. It was the consensus of the Town Commission that this • appointment be deferred until evaluation of all Talent Bank applicants was had. Town Commission March 6, 1984 . Regular Meeting Page 9 of 15 The FAB will be meeting on March 12, 1984 to review the Utilities budgets. e) Health Officer - No Report. f) Library Board - No Report. g) Planning Commission/Local Planning Agency - A field inspection at Boca Hi RPUD site will be held on March 7, 1984. A Public Hearing regarding Boca Hi RPUD will be held on March 14, 1984. h} Police Advisory Board - Lowell Blum, Chairman addressed the Town Commission, thanking them for the previously approved purchase of • a police vehicle. Mr. Blum reported that the police department was distressed over the fact that Boca Raton had been requested to give a proposal to the Town to provide police protection. Mrs. Roberts indicated that this request had been initiated by the City of Boca Raton and not the Town. It was the consensus of the Town Commission to approve a recommendation that an inventory of all police equipment be taken prior to Chief Jones' retirement from the police department. A request of Officer Widelitz that the holiday/ sick day police recently amended by the Town be made retroactive to 1982. It was the consensus of the Town Commission that this be disapproved. Town Commission • March 6, 1984 Regular Meeting Page 10 of 15 PROPOSED ORDINANCES AND RESOLUTIONS For Final Reading: 1. Proposed 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", Section 21-1 entitled "Construction", Sub-Section (D)(11) relating to beach cleaning equipment and emergency vehicles on the beach, and the addition of Section 12-6 to Chapter 21 relating to penalties. The Town Clerk read the ordinance in its entirety, after which MOTION was made by COMMISSIONER STEWART/VICE MAYOR BLOSSER to adopt same. The Town Commission was polled by the Town Clerk, with all voting aye. 2. Proposed Ordinance of the Town of Highland Beach, • Florida, amending the Code of Ordinances of the Town of Highland Beach, Chapter 15 z entitled "Land Filling" Section 15'~-3 entitled "Issuance of Permit, Fee, Etc." relating to sand or fill generated by excavation. Discussion was held relating to a blank in the ordinance relating to the time allowed for the restoration of disturbed or destroyed vegetation. Upon the recommendation of the Building Official, it was the consensus of the Town Commission to use "60 days after receipt of notice from the Town" in the blank space. The Town Clerk then read the ordinance in its entirety, after which MOTION was made to adopt the ordinance. A MOTION was then made by COMMISSIONER STEWART to amend the Ordinance adding language requiring the sand to be placed on beachfront property, as originally submitted. Substantial discussion ensued regarding the rationale used in ommitting this phrase from the ordinance. The prior MOTIONS were with- drawn with this ordinance being v~orkshopped for the March meeting. Dr. Orman, who was present, objected to a mandate that sand be placed on beachfront property only. Town Commission • March 6, 1984 Regular Meeting Page 11 of 15 3. Proposed Ordinance of the Town of Highland Beach, Florida, adopting a Comprehensive Plan in accordance with the provisions of Chapter 163, Part II, of the Laws of the State of Florida. At the recommendation of the Town Attorney, this ordinance was deferred until the end of the meeting. 4. Proposed Ordinance of the Town of Highland Beach, Florida, amending the Code of Ordinances of the Town of Highland Beach, Chap ter 2, entitled "Administration", Section 2-41 entitled "Town Planning Board; establishment; terms" relating to the terms of Alternate Members. This ordinance was read in its entirety, after which MOTION was made by COMMISSIONER WALKER/COMMISSIONER PAUL that same be adopted. The Town Clerk polled the Town Commission with all voting aye. • Proposed Resolutions: 1. A Resolution appointing Lt. William Cecere as Chief of Police of the Town of Highland Beach, Florida, in conformance with Section 4.03 of the Charter of the Town of Highland Beach. This Resolution was read by the Mayor. Commissioner Stewat questioned the necessity of the Resolution. Commissioner Walker citing Section 4.03 of the Charter indicated that althoug7 the semi-colon in the language was not in the right place, it was the intent of the Charter that a Resolution be adopted for the appointment of Chief of Police. MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER PAUL that the Resolution appointing Lt. Cecere be adopted. All voted aye. 2. A Resolution opposing the "Municipal Sunset" law being considered by the State of Florida Committee on Growth Management, which could eliminate most city governments with populations under 5,000. This Resolution was read by the Mayor. Commissioner Walker questioned the necessity of the paragraph relatiatg to indi- vidual choice regarding types of government. It was the consensus of the Town Commission that this paragraph be Town Commission March 6, 1984 Regular Meeting Page 12 of 15 deleted from the Resolution. MOTION was made by COMMISSIONER WALKER/COMMISSIONER STEWART that the Resolution be adopted as amended. All voted aye. REGULAt. BUS INESS Consent Agenda Items - None Items Left Over• 1. Seawall at Co co-de-mer (4307 South Ocean Blvd.) DNR requesting comments. The Town Manager reported that B & K Marine had been requested to notify adjacent property owners and also that a letter had been sent to Dr. Bedotto, President of the Bel Lido Property Owners Association. Objections to a steel sheet seawall and concerns regarding erosion were ex- pressed. The Town will not write the DNR until further information is gathered. 2. Discussion regarding Camino Cove construction fence (Sec. 7.2.2(3)) The Town Manager advised that the Board of Adjust- ment was taking up this matter on March 23, 1984. It was the consensus of the Town Commission that the construction fence requirement be relaxed at this time on the Camino Cove project. 3. Request for Final C/O-Enclaves of Boca Cove Mr. Jack Miller and his proposed tenant were present. Mr. Miller addressed the Town Commission stating that his action regarding the leasing of the property to his proposed tenant was based on the Town's assurance that he would be allowed to receive a C/O on the two west units upon completion of rear decks. It was after this assurance was given that the Town Commission ruled that the C/O must be issued on the entire project. Mr. Miller cited the hardship caused to his proposed tenant and Town Commission March 6, 1984 . Regular Meeting Page 13 of 15 requested an exception be granted and offered to submit a hold harmless letter to the Town on Unit #2 should the request be approved. Ms. Maria Church, the proposed tenant, also addressed the Town Commission reiterating Mr. Miller's request and urging the Town Commission to realize the hardship she was facing living in a Motel with four children. It was noted that the CAB had not yet approved the completion of the pro- je et. The Building Official urged the Town Commission not to set a precedent. MOTION was made by COMMISSIONER WALKER/COMMISSIONER PAUL that a C/O be granted for Unit #2 due to the unusual circumstances upon the submission of a hold harmless letter, and further the this should not be construed as setting a precedent, approving partial C/O's. All voted aye. 4. Discussion regarding "Flex Time" policy. • It was the consensus of the Town Commission that this was an administrative function and as long as Town Hall was sufficiently staffed to the satisfaction of the Town Manager, no objections were expressed. Commissioner Stewart also expressed a desire to amend the previously approved option of Columbus Day/Day after Thanksgiving holiday to allow only the Day after Thanksgiving. This matter was discussed by Commissioner Stewart and Vice Mayor Blosser and both expressed that this was the desire of the staff. It was the consensus of the Town Commission that this change be made. 5. Setting of date of Moratorium Variance Appeals Board and Ad Hoc Evaluation Committee: a) Ad Hoc Evaluation Committee will be set for March 8, 1984 at 10:00 a.m. b) MVAB regarding Highlands Place will be set for • March 8, 1984 at 1:30 p.m. Town Commission • March 6 , 1984 Regular Meeting Page 14 of 15 c) MVAB regarding Beach Walk West will be set for March 20, 1984 at 1:30 p.m. Dr. Richard Orman, representing Mr. C. D. Milani then addressed the Town Commission indicating that although Mr. Milani has instructed his attorney and Dr. Orman to move forward with the litigation of the matter, he would be willing to recommend to Mr. Milani the dedication of the west side property as a "passive park" if the density bonus and plans on the east side were left intact, with the one tower-two tower option being granted. Substantial dis- cussion ensued on the m~ ter with no consensus being reached among the Town Commission members. Bills for Approval: The following Bills for Approval were submitted: • CDM Engineering Services ....................$1,800.00 (WTP Sludge Treatment Facility) CDM Engineering Services .................... 4,900.00 (Delray Beach - WW Charges) City of Boca Raton (CDC) .................... 6,837.50 Florida Munic. Self-Insurers Fund........... 3,237.00 Gee & Jenson ................................ 695.03 Neptune Water Meter Co ...................... 986.04 Underground Supply ......................... 589.78 TOTAL ................ $19,045.35 MOTION was made by COMMISSIONER PAUL/COMMISSIONER WALKS R to approve the Bills for Approval. All voted aye. Although the Comprehensive Plan was due to the lattness of .the hour, at was recessed until 11:00 a.m., Marc: APPROVED• Louis ' still to be reae~, 5:55 p.m. this meeting 8, 1984. ~~ . Hortom, Mayor l~-n~a.n ~. ~.~.:,~, e ~3. i aY cam. o Mary Louise G. Blosser, Vice Mayor • Town Commission March 6, 1984 Regular Meeting Page 15 of 15 ~~~ ~~~ William E. Paul, Commissioner Bet y Je n Stewart, Commissioner Harry Walker, Commissioner ATTEST: Town Cler Date: