1984.07.03_TC_Minutes_Regularr
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TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
REGULAR MEETING
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Tuesday, July 3, 1984 1:30 P.M.
A Regular Meeting of the Town Commission of the Town of Highland Beach
was called to order by Mayor Louis Y. Horton at 1:30 p.m. in the Town
Commission Chambers of Town Hall. Also present were Vice Mayor Mary
Louise G. Blosser, Commissioners William E. Paul and Betty Jean
Stewart. Commissioner John J. Basso was absent.
Also present were Town Attorney, Thomas E. Sliney; Town Manager Elaine
W. Roberts; Chief of Police William Cecere; Town Clerk Mary Ann
Whaley; citizens and the general public.
The Pledge of Allegiance to the Flag was given.
APPROVAL OF MINUTES:
MAY 29, 1984 - WORKSHOP MEETING
MAY 29, 1984 - SPECIAL MEETING
JUNE 5, 1984 - REGULAR MEETING
JUNE 5, 1984 - PUBLIC HEARING ON
JUNE 19, 1984 - WORKSHOP MEETING
JUNE 19, 1984 - SPECIAL MEETING
JUNE 19, 1984 - PUBLIC HEARING ON
MORATORIUM ORDINANCE
RE ZONING REVISIONS
MORATORIUM ORDINANCE
MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER STEWART that all
minutes be approved as published. The MOTION carried unanimously.
PUBLIC REQUESTS:
Mr. Michael Dent addressed the Town Commission and stated that he felt
a trade off could be made with Drexel Management, Inc. for property to
the rear of the Fire Station (165' x 35' 1/10 acre tract) with a view
toward expansion of that facility in the future. Mr. Dent also
reiterated his offer made at the last Regular Meeting to assist in the
negotiation of a Town contract with the newly consolidated Palm Beach
County Fire Department.
With regard to the Drexel Management, Inc. request as submitted by Mr.
Earl Totz with respect to an extension of time, Attorney Sliney stated
that the matter was still under study and that he was preparing
factual interpretations for submission to the Town Commission.
Attorney Sliney indicated that his preliminary opinion was to request
that evidence be submitted on behalf of Drexel Management, Inc.
proving that delays over and above those normally experienced in such
a project mad it impossible for the project to begin. It was noted
that no building plans had yet been submitted on this project. It was
further recollected from conceptual site plans previously submitted
that the actual buildings were far enough from the marina area that
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• one phase would be able to proceed without the other. The Town
Attorney requested that the Town Commission relay any comments to him
regarding this project during his study of same. The Vice Mayor
stated that the Building Official, Bruce Sutherland, had been
requested to provide the Town Commission with Army Corpos of Engineers
data with expiration dates. Mr. Totz has requested a Special Meeting
to further discuss this matter with the Town Commission, however, it
was the consensus of the Town Commission that the Town Manager contact
Mr. Totz to have him get in touch with the Town Attorney to determine
whether additional information existed to substantiate his claim of
delays prior to any meeting being held.
The Town Commission then discussd the letter from Mr. Milani dated
June 25, 1984, requesting an extension of time on the Milani project
and his willingness to provide funds for the beautification of
approximately 1,300 feet along AlA on his property to procure said
extension. Mrs. Nita Martin, speaking on behalf of the Greening
Committee addressed the Town Commission indicating that Mr. Milani had
appeared before that Commission and was referred back to the Town
Commission for a determination of the request. It was noteed that Mr.
Milani was also encouraging approval of a one tower plan on the
property rather than the previously approved two tower plan. It was
the consensus of the Town Commission that the Town abide by its
previous approved Stipulation of Settlement in this matter and not
approve any extension of time as requested. Commissioner Stewart then
• expressed the opinion that residents not be encouraged to arbitrarily
appear before Town Boards and Committees wihou proper written
petition, application or referral by the Town Commission, and further,
that the south end of Town was already attractive with Mr. Milani's
offer only benefitting himself. The Town Attorney was directed to
write to Mr. Milani and state that due to the time and effort involved
in the Stipulation of Settlement previously approved, the Town
Commission could offer him no further relief at this time.
REPORTS TOWN COMMISSION:
Mayor Louis Y. Horton -
Mayor Horton indicated the receipt and submission to the Town
Commission of a preliminary report of Greeley and Henson Engineers on
the Delray Beach/Highland Beach Sewer Issue. This report was
favorable to the Town of Highland Beach. Review of the matter
indicated that a surplus would be available from the surcharge which
has been collected pending settlement of the mater. It was the
consensus of the Town Commission that the surcharge be rescinded. The
surplus may be used to pay sewer charges on each account until said
surplus is diminished. It was noted that a repealing Ordinance would
be necessary and would be drawn during a recess later in this meeting.
Mayor Horton indicated that he had been in touch with Mr. Robert
Slater who served on the Mediating Board in this matter, and who was
• willing should the need arise to meet further on the matter.
Commissioner Stewart complimented the Mayor and Town Commission on
their perserverence in this matter. Attorney Sliney indicated that a
meeting would be set up with counsel for Delray Beach to work toward
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the conclusion of the matter.
The next matter discussed under the Mayor's report was the bid
specification package previously submitted by Camp Dresser and McKee
involving the Bel Air Drive re-paving project. Mr. Jay Ameno,
representing CDM was present. Discussion took place reegarding
several minor corrections to the bid specifications i.e. requiring
Friday clean up etc. Mr. Ameno stated that the engineer's study
indicated that th crown elevation required on Bel Air Drive, as well
as the surface course width would not conform to the current standards
in Chapter 25 entitled "Subdivisions", Sections 25-25 and 25-26 of the
Town Code. Commissioner Paul stated that these Sections dealt with
new construction rather than "re-paving of streets", however, the Town
Attorney recommended that the cited Code Sections be amended to
clarify this and any future questions. A recess was then taken in
order to draw this proposed Ordinance a well as the previously
requested Ordinance rescinding the sewer surcharge. Commissioner
Stewart requestd that snapshots be made of the property along Bel Air
Drive to assist in the restoration and configuration of the property.
The Building Department will be directed to take such requested
snapshots.
Upon the re-convening on the meeting, first reading was given to the
following two ordinances:
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA
AMENDING TH CODE OF ORDINANCES OF THE TOWN OF
• HIGHLAND BEACH, CHAPTER 22, ENTITLED "SEWERS", SECTION
22-2 ENTITLED "SEWER SERVICE CHARGES" TO ELIMINATE
CURRENT SURCHARGE.
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND
BEACH, CHAPTER 25, ENTITLED "SUBDIVISIONS", SECTION
25-25 ENTITLED "SURFACE COURSE" AND SECTION 25-26
ENTITLED "CROWN ELEVATION".
The Mayor noted that each of the Ordinanes would be discussed at the
July 31, 1984 Workshop Meeting. The Mayor then called a Special
Meeting for July 31, 1984 at 10~:~0 a.m. for the possible adoption of
the Ordinances as just read.
Mr. Mike Walther, of Strock Engineers, representing the Walsh family,
ownrs of the Hiliday Inn was present and addressed the Town
Commission. Mr. Walther. requested the status of the Town Attorney's
opinion regarding the proposed dock requested at the Holiday Inn, as
well as the status of the request for a seawall at that site. With
regard to the proposed dock, Mrs. Gail Bryant of Mr. Walsh's staff
addressed the Town Commision reiterating Mr. Walther's statement that
the dock would only be used for private recreational purposes and not
for any commercial purpose. The Town Attorney indicated that
violations involving the commercial use of the dock would be within
the purview of th Code Enforcement Board. Discussion ensued as to the
• jurisdiction of the Planning Commission with regard to the mater,
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• however, the Town Attorney expressed his opinion that the Planning
Commission should review the matter and submit their recommendations
on same to the Town Commission for a final determination.
Commissioner Stewart also requesteed a report be obtained from Mr. Red
Taylor of th DNR as to the proposed seawall prior to action being
taken, and that prmit numbers match the planned construction. It was
the consensus of the Town Commission that Attorney Sliney's
recommendation be accepted. Mr. Walther was advised that when a
report on these matters was received from the Planning Commission, as
well as a report on the proposed seawall from Mr. Red Taylor, a
further determination would be made on the matter.
Vice Mayor Mary Louise G. Blosser -
The Vice Mayor reported that the Ad Hoc Evaluation Committee would be
holding a meeting on Tuesday, July 1f~, 1984 at 10:10 a.m.
The Vice Mayor further noted several provisions of the Palm Beach
County Fire Code which may be incorporated into the Town's Zoning
Code, which matter will be studied.
Commissioner John J. Basso - Absent.
Commissioner William E. Paul - No Report
• Commissioner Betty Jean Stewart -
Commissioner Stewart cited a memorandum of June 26, 1984 regarding the
curtain walls at the Coronado garage. Commissioner Stewart cited
several sets of past Minutes with specific reference to a MOTION being
made on July 5, 1983 approving the screening of the garage by louvers.
Further cited was a letter from the Building Official, Bruce
Sutherland, to the Town Attorney dated June 27, 1984 which expressed
the desirability of louvers over other screening methods. It was
noted that two performance bonds had been issued on the matter, one
bearing a date expiring November 22, 1984 and the othr bearing no
expiration date. The Vice Mayor cited the code and the fact that the
building has been permitted after plans had been approved by the
Planning Commission and reviewed by the Community Appearance Board.
The Town Attorney and Vice Mayor both expressed the opinion that no
matter what action had been taken by the Town Commission, the Town was
still bound by the terms of the bond, which was still under study by
Town Attorney Dave Friedman. It was noted that the latest plans as
submitted to the Building Departmeent included the provision of window
screening on the garage, and that by letter of the Building Official
dated May 22, 1984, Mr. Mass was advised that such screening was
unacceptable to the Town. The Town Attorney expressed his desire to
arrive at an amicable conclusion to the matter and will meet with
Attorney David Friedman of his office, as well as the Building
Official and the developer to negotiate a solution to the matter.
• This matter will be included on the July 31, 1984 Workshop Meeting
Agenda.
Commissioner Stewart expressed her concern regarding the chain of
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• command followed in the Town Hall in th absence of the Town Manager
and Town Clerk. It was noted that a policy existed in the past for
the responsibility of handling the affairs of the Town falling alpha-
betically by department. Commissioner Stewart indicated that skis
method was unacceptable and requested this matter be placed on the
July 31, 1984 Workshop Meeting Agenda for further discussion. Vice
Mayor Blosser said that a previous record of chain of command existed,
had been located by Bernice Smith, but in view of the change of
employees, the matter should be reviewed and updated. The Vice Mayor
also expressed concern over the Chairing of a Town Commission Meeting
should the Mayor and herself be absent. It was noted that according
to Robert's Rules of Order, the remaining Commission members would
elect a Chairman among themselves.
REPORTS TOWN ATTORNEY:
The Town Attorney gave a status report on the ITCO Properties, Inc.
(Beach Walk West) matter indicating that a Motion to Dismiss was now
under advisement by the Circuit Court Judge in the matter.
REPORTS TOWN MANAGER:
The Town Manager reported that Bernice Smith attended the June Palm
Beach County Municipal League Meeting wherein the proposed Palm Beach
County Charter was discussed and requested comments by the Town
• Commission for submission to the County Commission. MOTION was made
by COMMISSIONER STEWART/VICE MAYOR BLOSSER that the County be advised
of the Town's support of the lifting of the toll charges along the
Florida Turnpike in cases of emergency evacuation and that our
Legislators also be so advised. This MOTION carried unanimously. The
Vice Mayor questioned the Town Attorney regarding any Anti-Trust
ramifications on the proposed Charter and would await amplification of
this if Attorney Sliney had any.
The Town Manager reported the attendance of various staff members to
professional meetings and seminars during the past month and indicated
that reports thereabout were available for review.
The Town Manager summarized correspondence received which included a
letter from the Mayor of Holmes Beach welcoming any comments regarding
the proposed "Sunset Bill" and a letter from the Attorney for Villa
Magna complaining of the Cable Television charges. Both of these
matters were accepted as information.
The Town Manager reported that with regard to the proposed Inter-local
Agreement regarding the gas tax, Mrs. Jane Rayner, Chairman of the FAB
would be submitting a recommendation on thee matter. Further, Mrs.
Roberts advised that an amended agreement had been submitted by Mrs.
Pinky Yount, Executive Director of the Palm Beach County Municipal
League and distributed to the Town Commission. Further determination
• of this matter will not be made until any definitive action is taken
on the part of the County Commission regarding the possible increase
in the gas tax.
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Mrs. Roberts advised that she had written to Palm Beach County as a
result of the Town Commission's request to detrmine the criteria for
useage of county road inpact fees, however, had not received a reply
to date.
An offer for thee provision of 110 "seed nuts" for Maypan Coconut
trees by the State of Florida Department of Agriculture and Consumer
Services was then discussed. It was noted that the Town was entitled
to paticipate in the distribution of said seed nuts if so desired.
Mrs. Roberts recommended that the Town Commission accept the offer and
plant thee seed nuts on Town property, including the Water Treatment
Plant. The Town Commission directed the Mayor to execute an Agreement
of Intent to be forwarded to the State of Florida Department of
Agriculture and Consumer Services accepting the nuts.
Mrs. Roberts reported that the gooseneck microphones for the Town
Commission Chambers had been orderd and would be delivered at an early
date.
The Town Manager reported that an additional bid had been received for
the sale of the Scout Town vehicle from a Water Treatment Plant
employee in the amount of $800.0, however, it was the consensus of
the Town Commission that it abide by its previous directive to trade
• in the Scout on the approved Ford Escort for the Building Department.
Mrs. Roberts advised that Mr. Marvin Sanders of the Sanders Planning
Group wold hae his report regarding Sites B and C at Boca Highland
ready for submission to the Town Commission during th week of July 9,
1984.
A memorandum regarding the provision of 4 week vacation tim for those
employed by the Town 10 years and above was discussed. Mrs. Roberts
indicated that distribution had been made of the policies of neighbor-
ing municipalities to the Town Commission for their rview. This
matter will be discussed in connection with the upcoming 1984/85
budget proposals.
Work is continuing with regard to the provision of security measures
for the administration and building departments within Town Hall, with
a meeting being set up between those firms inteerested in bidding on
such work and Mr. Irving Saunders, Chairman of the Planning Commission
who is an architect and has agreed to assist the Town in this project.
Regarding a request from FP&L to construct a power pole on the Water
Treatment Plant property in order to provide electrical service on the
Stevenson Design property, it was noted that Mr. Dave Hills of FP&L
would appear at the July 31, 1984 Workshop meeting to answer questions
on this matter. It was further noted that a request had been received
today to run temporary electrical power from an existing pole on the
• WTP property. The Town Manager waas directed to approve the temporary
request upon the submission of a hold harmless letter from FP&L.
Further, the Town Manager will request that any wires be placed high
enough so as not to interfere with any other uses of the property in
question.
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The Town Manager relayed a complaint received from Mr. Milani regard-
ing the beach cleaning equipment to the Town Commission for
information.
The Town Commission was advised that the various Department Heads were
in the process of implementing an emergency plan for ths.retention of
Town records in case of flood or otter disaster, with a view toward
moving the records to elevations above ground level, further, that
quotes for the provision of storm shutters were being secured in case
of hurricanes. Mrs. Roberts indicated that the only shutters in Town
Hall now were for the front door. Also with regard to hurricanes,
messages were being run on cable television advising of local storm
shelters.
The Town Manager then gave a status report on the Building, Finance,
Police, Utilities and Town Clerk Departments. Pursuant to the
recommendation of the Finance Director and Internal Auditor, the
possible retention of Nowlen,Holt, Miner and Kisker was discussed. The
Town Attorney indicated his recent retention of this firm and
supported the recommendation. The Town Manager was directed to get a
proposal from this auditing firm as first choice for consideration.
Also with regard to the Finance Department, the Town Manager stated
that the Town Commission would be required to certify the millage for
fiscal year 1984-85 prior to July 31, 1984.
• Also emphasized during the Town Manager's report was an anticipated
$14,010 shortfall in taxes, according to the County Tax Collector's
Office; the hiring of Paul Morrison at the Water Treatment Plant; and
the ommission of the bicycle accident regarding Mrs. Bonny in the
monthly Police Report.
REPORTS BOARDS AND COMMITTEES:
a} Board of Adjustment - Three Petitions are pending. A Public
Hearing as well as a Regular Meeting will be held on July
16, 1984.
b) Code Enforcement Board - One Alternate Vacancy. This
matter as well as the vacancy on the Planning Commission
will be deferred until input from otter Boards is re-
ceived in reply to the Mayor's memo request.
c) Community Appearance Board - MOTION was made by VICE MAYOR
BLOSSER/COMMISSIONER STEWART that Guy Galizia be re-
appointed as a Regular Member of this Board for a three
year term. This MOTION carried unanimously.
d) Financial Advisory Board - The Town Manager reported that
this Board would be commencing meetings with regard to the
1984-85 budget at an early date.
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f) Library Board - The Town Manager reported that Ann Hermann,
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• Librarian, wa.s on three weeks vacation and that the Library
was being manned by volunteers during her absence.
g) Planning Commission/Local Planning Agency - MOTION was made
by COMMISSIONER PAUL/VICE MAYOR BLOSSER to accept the re-
signation of Mr. Eugene Snyder from this Commission. This
MOTION carried unanimously.
At this point, Mr. Bob Tansill, representing Spaces and Places, the
Townhouses at Boca Highland, addressed the Town Commission with a
request for the approval of landscaping plans for his project. Mr.
Tansill indicated that in the process of his request, it was noted
that the plans of this project were not in the possession of the Town,
nor could they be found anywhere. Substantial discussion ensued
regarding the project and the issuance of the Building Permit for the
Townhouses. Mrs. Nita Martin was present and indicated that the CAB
had not taken any action on this matter as they had not ever approved
the original plans on the Spaces and Places project. Mrs. Martin also
said that the Planning Commission had indicated thay they had never
approved the original plans on this project. After substnatial
discussion, Commissioner Stewart requested that the Town Manager
provide a full report on this matter indicating the dates of approval
by the Planning Commission and CAB and the criteria used in the
issuance of the building paxmit on the project. The Town Manager will
have staff research past Minutes and provide said report as soon as
• possible. Mayor Horton indicated to Mr. Tansill that the matter would
be researched as promptly as possible and a determination made on the
matter. Further, with regard to a memoranum issued by the Planning
Commission involving this matter, the terminology "revised status of
the RPUD" was used. Commissioner Stewart requested the amplification
of this statement and its meaning either by the Town Attorney or the
Planning Commission prior to any determination on the matter being
made. The Planning Commission was scheduled to meet on July 11, 1984
on this matter.
h) Police Advisory Board - No report.
CONSENT AGENDA;
1) Proposed appointment of Town Manager and Town Clerk as
Regular and Alternate representatives to the Palm
Beach County Municipal League Meetings.
2) County Sanitation Co., additional $8,550.00 for
tipping fee, i.e., 9 months @ $950.00 per month.
3) Approval of Bel Air Drive bid package.
4) Boca Hi Sales Center permit extension to the end of
September, 1984.
• MOTION was made by COMMISSIONER PAUL/COMMISSIONER STEWART to remove
Item No. 3 from the Consent Agenda as it was handled earlier in the
meeting, and further to approve Items No. 1, 2 and 4 of the Consent
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Agenda. This MOTION carried unanimously.
• ITEMS LEFT OVER:
1) Water Treatment Plant Landscaping quotes:
Substantial discussion ensued regarding the acceptance of a quote for
the landscaping at the Water Treatment Plant. Commissioner Stewart
was regested to giver her recommendation on the matter. Commissioner
Stewart noted that after studying all plans submitted and input
received from Gene Joyner, she recommended that the Town purchase the
following selection of trees for planting at the site: pink and yellow
tabebuia; live oak; pompan, bucida, rose apple, mahogany, sapodilla
and royal poincianas, with a border of silver buttonwood hedge. It
was the consensus of the Town Commission to approve the recommendation
of Commisioner Stewart and to again approach Rainbow, Jara and Sunny
State nurseries for revised quotes on the requested trees. Sprinker
quotes are still being sought from additional sources. Further, with
regard to the WTP site, the Town Manager advised that a quote had been
received today from Earl Harvel to provide a pad for the truck near
the pump house at a cost of $490.00, the location of which was also
discussed. This matter will be further addressed at the July 31, 1984
Workshop Meetig.
A Workshop Meeting to review the proposed Zoning Ordinance revisions
• was then called for Tuesday, July 10, 1984 at 10:15 a.m.
It was noted that Attorney Dave Friedman was continuing research into
the Hoffman RPUD matter and would be submitting his opinion to the
Town Commission at an early date.
With regard to the recommendations of the Building Official, Bruce
Sutherland, involving the energy conservation study, the Town Manager
was directed to implement the said recommendations of the Building
Official.
BILLS FOR APPROVAL:
DILWORTH, PAXSON, ET AL $18,373.31
HARVEL & DELAND 1,443.00
MOTION was made by COMMISSIONER PAUL/MAYOR HORTON to approve the Bills
as submitted. The MOTION carried unanimously.
There being no further business to come before the Town Commission at
this Regular Meeting, same was adjourned at 5:50 p.m.
APPROVED:
Louis Horton, Mayor
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Ma y uise G. Blosser,Vice Mayor
G
ohn Basso, Commissioner
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William E. Paul, Commissioner
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Bett~Jean Stewart, Commissioner
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ATTEST
Town C1 rk
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