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1984.07.31_TC_Minutes_Workshop• TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING TUESDAY, JULY 31, 1984 9:3~ A.M. A Workshop Meeting of the Town Commission was called to order by Mayor' Louis Y. Horton at 9:3g a.m. in the Town Commission Chambers of Town Hall. Also present were Vice Mayor Mary Louise G. Blosser, Comm- issioners John J. Basso, William E. Paul and Betty Jean Stewart. Also present were Town Attorney Thomas E. Sliney; Town Manager Elaine W. Roberts; Town Clerk Mary Ann Whaley, citizens and the general public. 84.1 Public Comments and Requests: Mr. Tom Delaney, representing Boca Highland addressed the Town Commission regarding a pending petition involving the B and C sites at Boca Highland. Mr. Delaney gave a synopsis of the meetings held thus far between the Town and developers, and indicated that a third set of plans in conformance with the original master plan had been submitted to the Planning Commission and rejected. It was noted that the Planning Commission had referred the matter back to the Town • Commission. Mr. Delaney indicated that in his opinion, only three issues are relevent to to the matter, which issues are: 1. Allowable density; 2. Number, size and locations of buildings on the site; 3. Time span of the RPUD. Mr. Delaney requested that the Town Commission take action reversing the rejection of the Planning Commission and stated that Boca Highland had 3~ days in which to proceed with a lawsuit protesting the rejection of the Planning Commission. Mr. Delaney stated that if no resolution of the matter was made within 10 days, he would proceed in three ways, being: 1. Proceed with the lawsuit to determine the time span of the RPUD; 2. The financial backers of the Boca Highland project, including U.S.Steel and Citibank of New York, would proceed with liti- gation against the Town of Highland Beach; and 3. Boca Highland would proceed with litigation against elected and appointed officials as well as employees of the Town of Highland Beach for relief in this matter. Mayor Horton assured Mr. Delaney that the Town would pursue some course of action to resolve the matter and recommended a group of people be appointed to negotiate with Mr. Delaney and his representa- tives. Commissioner Stewart indicated that she felt that the Planning Commission still had work to do on the matter inasmuch as a report had Town Commission Workshop • July 31, 1984 Page 2 of 11 just been received from the Sanders Planning Group on the Boca Highland Issue, which report, Commissioner Stewart asserted, had not been fully studied. Commissioner Stewart recommended that this report be fully reviewed prior to any determination being made on the matter. Mr. Delaney indicated that it was his opinion that the Sanders report was merely a chronological study of the Boca Highland matter and offered no remedies. Commissioner Basso felt that the issues should be studied by the Town Attorney and outside counsel if necessary and not an appointed Ad Hoc Committee. It was the consensus of all Commissioners that additional information should be gathered and the matter discussed as soon as possible with a view toward resolution. Commissioner Stewart indicated that the first matter which should be studied is the validity of the RPUD itself prior to spending time determining whether the buildings and site itself is acceptable. A joint meeting between the Planning Commission and Town Commission was recommended and suggested for August 9, 1984 at 10:00 a.m. The Town Manager will have staff contact the members of the Planning Commission to determine whether or not this date is acceptable. Mr. Mike Walther of Stock and Associates, representing Boca Woods, the contractors on the Kennedy residence site, addressed the Town Commission with a view toward getting approval for the use of a • portion of the east storage/garage wall of the proposed structure to be used as a seawall. Mr. Walther indicated that although this method was relatively irregular, the wall would meet code and the construction would be able to proceed. Upon questions raised as to permits secured by Commissioner Stewart, Mr. Malcolm Jones of Boca Woods Construction Company addressed the Town Commission indicating that a piling permit had been secured, however, no building permit had yet been issued on the project. The Town Manager cited Chapter 21, "Seawalls, Bulkheads, Retaining Walls", Sections 21-2 and 21-3 regarding approvals and inspections required on seawalls. Mr. Walther indicated that DNR approval on the project was not necessary as the structure was located west of the State Coastal Construction Control Line. Mr. Walther will appear at the August 7, 1984 Regular Meeting with the plans for the project prior to any action being taken on this matter. Mrs. Roberts will also get a report from the Building Official regarding what plans have been approved by the Planning Commission. 84.2 Boards and Committees: Mayor Horton stated that he had dictated the Bulletin and had asked for volunteers for appointment to the Planning Commission, and asked that the Town Commission make no appointments until ample time is given to allow residents to contact the Town. Mr. Ray Mascierella, an applicant with interest in the Planning Commission or Code Enforcement Board was interviewed by the Town Commission as was Mr. Nick Daniels, an applicant for appointment to the Police Advisory Board. Town Commission Workshop Meeting July 31, 1984 Page 3 of 11 84.3 Proposed Ordinances and Resolutions: a) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, CHAPTER 22, ENTITLED "SEWERS", SECTION 22-2 ENTITLED "SEWER SERVICE CHARGES" TO ELIMINATE CURRENT SURCHARGE. (1st Reading 7-3-84/Published 7-13-84) It was the consensus of the Town Commission that this proposed Ordinance be held in abeyance at this time, however, the Town Manager was directed to have the Finance Department stop the sewer surcharge with the current billing. b) 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". This proposed Ordinance was briefly discussed with it being noted that this would be the subject of a Special Meeting this date. At this time (10:35 a.m.) this Workshop Meeting was recessed and a Special Meeting held. • At 10:45 a.m. the Workshop Meeting reconvened with the continuation of Item 84.3, Proposed Ordinances and Resolutions: c) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, CHAPTER 6, ENTITLED "BEACHES AND BOATS", SECTION 6-1 ENTITLED "PARKING OF BOATS". Discussion took place regarding the increasing number of catamarans being parked on the dunes and the possible regulation of same or the possibility of requiring a structure of some kind on which to park the catamarans. The requirement of "obstructing from view" was discussed relating to whether this meant complete obstruction, or requirement of landscaping. These matters may be addressed at some future date, however, it was the consensus of the Town Commission that the proposed Ordinance be read in its present form at the August 7, 1984 Regular Meeting. d) 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 ENTITLED It was noted that this proposed Ordinance dealt with the appointment and dismissal of the Town Manager. Attorney Sliney indicated that the Section Number had been left blank and recommended that the Town Commission consider placing the amendment in Section 2-19 entitled "Town Manager - Appointment; duties; bond" rather than in Section 2-5 entitled "General supervision over town affairs; suspension Of tOWfl officers". The Town Commission accepted the recommendation of the Town Attorney. This proposed Ordinance will be re-drawn for proper inclusion in Section 2-19 of the Town Code and submitted for first readina at the Auaust 7, 1984 Reaular Meetina. Town Commission Workshop Meeting July 31, 1984 Page 4 of 11 • e) AN ORDINANCE REGARDING SOUTHERN BELL FRANCHISE. Mr. Buck Passmore, representing Southern Bell was present and addressed the Town Commission. Mr. Passmore indicated that Counsel for Southern Bell felt that the Town's franchise needed no amendment and that Southern Bell would be continuing franchise payments as always. Mr. Passmore further advised that the excise tax paid to the Town was state mandated and that no amendment was necessary to the franchise to address same. The Town Attorney will study this matter further and report on same at the August Workshop Meeting. As Mr. Mike Walther of Strock and Associates, as well as Attorneys Don Reed and Al Galbraith, representing Ocean Properties and the Walsh Family were present, Item 84.33, Holiday Inn Seawall and Dock, was taken up at this time. Mr. Walther indicated that the Planning Commission had rejected the proposed dock on July 11, 1984 based on "intended use" rather than the statements made by the Walsh Family that the dock would only be used for "private recreational purposes". Mr. Walther was requested to submit a written request asking for relief from the decision of the Planning Commission as soon as possible. The Town Commission will review the matter with a view toward resolution at the August Regular Meeting. Attorney Reed addressed the Town Commission on behalf of the Walsh Family indicating the Walsh's willingness to sign any document stating that the use of • the dock would be for private recreational purposes only. Attorney Reed assured the Town Commission that although Ocean Properties, Inc. is a corporation, the Walsh Family owned 10g% of same. Attorney Sliney requested that Attorney Reed supply the Town with copies of the corporate papers indicating officers thereof, etc. Vice Mayor Blosser cited Section 5.3 regarding "Accessory Uses" being on the same lot as the principal structure, and also indicated that a request for a dock had previously been rejected. The Building Department will be asked to gather the information on the past rejection of this matter. This matter will be placed on the August Regular Meeting Agenda. With regard to the proposed seawall at the Holiday Inn, it was noted that Mr. Red Taylor of the DNR had recommended approval of the seawall due to the fact that the Holiday Inn Restaurant is not on pilings and the seawall would afford protection to the structure. It was further noted that with regard to the seawall, the Board of Adjustment was required to hold a hearing on same in accordance to Chapter 21 of the Town Code. This matter will also be addressed at the August Regular Meeting. Mr. Reed then indicated that as a previous Town Attorney for Highland Beach, he had possession of some old files which he would deliver to the Town Manager. 84.25 Request for electrical service by FP&L to Stevenson Design Property: • Mr. Dave Hills of FP&L was present and submitted a proposed sketch on the underground installation of wires to facilitate the electrical Town Commission Workshop Meeting July 31, 1984 Page 5 of 11 • service on the Stevenson Design property. It was noted that the request regarding overhead lines across the Town property no longer existed, however, an easement would be necessary to install the under- ground wiring to the subject property. Mr. Hills indicated that there was no urgency in this matter as the project was still under construction. Mr. Hills further indicated that FP&L would draw up a proposed easement for Town consideration. Attorney Sliney requested that an indemnification clause should be included in favor of the Town. Further, Mr. Hills will meet with Joe Moss, Utilities Director, to assure that any water lines existing in the area proposed for the underground wiring will not be disturbed. This matter will be placed on the August Workshop Agenda. 84.3 Proposed Ordinances and Resolutions (Continued) f) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, CHAPTER 27, ENTITLED "TRAFFIC AND MOTOR VEHICLES", SECTION 27-4 ENTITLED "PARKING-RECREATIONAL VEHICLES", SECTION 27-7 ENTITLED "PENALTIES". This Ordinance was briefly discussed wherein it was noted that the drafting of same was a joint effort between the Town Attorney and the Code Enforcement Board's recommendations. This proposed Ordinance • will be given a first reading at the August 7, 1984 Regular Meeting. g) AN ORDINANCE REGARDING EMERGENCY SEAWALL MEASURES. It was noted that a recommendation was still being awaited from the Code Enforcement Board regarding this matter. This matter will be placed on the August Workshop Meeting Agenda. h) 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" SECTION 21-1(d)(7). This proposed Ordinance will be placed on the August 7, 1984 Regular Meeting Agenda for first reading. i) PROPOSED DECISION REGARDING OPTING OUT OF COUNTY IMPACT FEES. The Town Manager indicated that information regarding this matter had been requested from Palm Beach County, however, had not yet been re- ceived. This matter will be placed on the August Workshop~Meeting Agenda. 84.24 Request from Building Official recommending increase in building permit fees: • It was noted that other municipalities in the area use different methods of assessing fees for building permits, i.e. measuring square feet, measuring cubic feet, assessed valuation, etc. It was further Town Commission Workshop Meeting July 31, 1984 Page 6 of 11 • noted that the Town of Highland Beach has not raised the fees for building permits since 1979. The Town Manager indicated that also as a part of the review of fees, the matter of the sewer connection fees should also be addressed. Commissioner Stewart requested that a comparison be done on similar buildings in Highland Beach, Delray Beach and Boca Raton to determine the validity of the request to increase the Highland Beach fees, and also requested information indicating whether we were recouping the funds it takes to pay the inspectors on the projects. This information will be gathered and the matter placed on the August Workshop Meeting Agenda. 84.8 Utilities Department Items: 1) Landscape Quotes - It was reported that quotes on the speci- fied trees were still to be submitted. 2) Quotes on electric panel for Lift Station 1 - Additional quotes for an inside panel will be obtained and this matter will be taken up at the August 7, 1984 Regular Meeting. 3) Discussion re job descriptions - This matter will be re- ferred to the Ad Hoc Evaluation Committee for their recommendations. • 4) Appointment of Assistant Utilities Director - The Town Commission concurred in the Town Manager and Utility Directors recommendation to appoint Bob Dobroziej as Assistant Utilities Director. 5) Request for Air Conditioning in WTP Truck - The Town Commission directed the Town Manager to advise Mr. Moss that this matter not be discussed any further. The Town Commission further directed the Town Manager to begin handling requests such as this administratively and not to place the matters on the Town Commission Agendas at the request of Department Heads. 82.49 Highland Beach/Delray Beach Sewer Issue Status - A letter in response to the Greeley and Hansen report composed by Attorney Sliney at the request of the Town Commission was reviewed and approved with minor amendment. This letter will be forwarded to Greeley and Hanson with a copy to Delray Beach today. A lunch recess was taken from 12:00 noon until 1:30 p.m. Upon re-convening the meeting at 1:30, the Town Manager indicated that with regard to the proposed joint meeting tentatively scheduled between the Planning Commission and Town Commission for August 9, • 1984, that several members of the Planning Commission would be un- available. This meeting will be scheduled for Wednesday, August 15, 1984 at 1:30 p.m., the date of the Planning Commission Regular Meeting. Town Commission Workshop Meeting July 31, 1984 Page 7 of 11 A letter drafted by the Town Manager to the Palm Beach County Commission opposing the time it took the County to set their public hearing dates with regard to the 1984/85 fiscal year budget was then reviewed and approved by the Town Commission. Mr. John Ward of Braemer Isle was then interviewed as a Talent Bank Applicant. Mr. Ward is particularly interested in the Planning Commission, however, would be willing to participate in any form of public service. The Town Commission agreed to put the approval of a shaft and impeller for the lime feed silo at a cost of $663.00 on the Consent Agenda for the Regular Meeting of August 7, 1984. It was noted that the Water Treatment Plant was required to use the shaft and impeller kept in re- serve at the Plant and that this was a replacement stock item. 83.74 County Sanitation Contract Status: Commissioner Basso objected to any amendment to the contract and further objected to the Town's removal of the garbage charges from the general Town budget. Commissioner Stewart indicated that Waste Man- agement, Inc. had been underbidding County Sanitation in surrounding areas. The Town Manager reminded the Town Commission of the fact that County Sanitation was not charging the Town for unsold apartments which resulted in a substantial savings to the Town. Attorney Sliney • will review the validity of awarding an "exclusive contract" as well as the validity of tying up the Town in a contract indefinitely without obtaining bids. Further, Commissioner Stewart requested clarification within the contract as to the type of service being offered by County Sanitation i.e. back door pick up rather than curb- side pick up. Commissioner Basso wanted clarification of the charges in that he felt that the Town should not be making a profit on the collection of garbage. This matter will be further discussed at the August Workshop Meeting. 84.27 Discussion re security measures for Administrative and Building Departments: Mrs. Roberts stated that Mr. Saunders was still in the process of obtaining quotes on the proposed security measures. This matter will be placed on the August Workshop Meeting. 84.28 Bel Air Drive project status report: Mrs. Roberts stated that CDM was still in the process of coordinating the activities regarding this project with the various public utilities (electric and telephone cos.) and would be ready to proceed on the solicitation of bids at an early date. 84.30 Discussion regarding chain of command in absence of Town Manager and Town Clerk: It was the consensus of the Town Commission that this matter be reviewed administratively by the Town Manager for possible revision. Town Commission Workshop Meeting July 31, 1984 Page 8 of 11 • It was further the consensus of the Town Commission that either the Town Manager or Town Clerk be available in Town during all working hours. It was further stated that with regard to other departments, when elective meetings occur, not all persons from any department attend. 84.31 Quotes for hurricane shutters at municipal buildings: The Town Manager advised that three quotes had been received for hurricane shutters for the town buildings, all being for rolladen or rolling panels. Mr. Coppola, Maintenance Supervisor, will be requested to obtain additional quotes on aluminum panel hurricane shutters prior to any action is taken on this matter. 84.32 Boca Raton update on Comprehensive Plan: There were no additional comments to be made on this issue. 84.34 Water Meter installation for Monterey House: The Town Manager was directed to find out where this request originated, and who would actually benefit by the replacement of the requested meter prior to any determination being made on the matter. Mr. Del Osmon, Equipment Manager for Motorola, addressed the Town Commission regarding the possibility of changing the method of Police • dispatching in Town. Mr. Osmond gave a brief history of CDC. The possibility of being dispatched from Ocean Ridge was discussed. Chief Cecere indicated that a verbal cost of $6,0~0(~ per year had been given to him to secure the services of Ocean Ridge in this regard. Mr. Osmon gave the Town a proposal of approximately $21,g0~ for the equipment he felt was necessary to accomplish the transition from CDC to Ocean Ridge dispatch. Concern was expressed as to whether the telephone exchange at the south end of Town would be considered a long distance call to Ocean Ridge. This matter will be studied. It was the consensus of the Town Commission that application should be made for a frequency in any event. Commissioner Stewart questioned the feasibil- ity of providing mobile telephone units in the police vehicles. Mr. Osmon indicated that due to trouble getting dedicated telephone lines and cost, this method would be unacceptable. 84.35 Request for Unity of Title - Fredericks Propert A request was submitted to the Town Commission by Mr. Fredericks for the amendment to the existing Unity of Title to prohibit the east side properties having access to the west side property. It was noted that several variances were pending in Town Boards on this matter. It was the general consensus that although the request in concept was an acceptable one, the Town Commission should await the action of the various Boards prior to any consideration of this matter. r ~ ~J Town Commission Workshop Meeting July 31, 1984 Page 9 of 11 r1 L J 84.36 Request for approval for Planning Commission to hire Marvin Sanders on Hoffman project: It was the consensus of the Town Commission that this request was not timely in that no requests had been received on this project at this time. Attorney Sliney indicated that he had written several letters putting the principals of the Hoffman and Zaremba properties on notice that the Town is undergoing zoning and that a review of the RPUD was being made. The Town Manager, at the request of the Town Commission, will ascertain who is actually the owner of record of the property in question, and who, in fact, is responsible for the payment of taxes on same. It was the consensus of the Town Commission that the Planning Commission be notified that this matter was under advisement by the Town Commission. Vice Mayor Blosser voiced her concern that the time limit on the project is still loose inasmuch as the ordinance creating the RPUD had never been amended to reflect any change which may or may not have been agreed to on this matter. REPORTS: TOWN COMMISSION: Mayor Louis Y. Horton - No report. Vice Mayor Mary Louise G. Blosser - • The Vice Mayor requested that an Item be placed on the Workshop Agenda to review the times of Town meetings in relation to Monday holidays, and further, not to conflict with upcoming election dates. The Vice Mayor further reported that the Ad Hoc Evaluation Committee was diligently working and had a meeting scheduled for September 1P1, 1984. Vice Mayor Blosser requested notification as to when the new legislative delegation laws were received in order for review. Commissioner John J. Basso - No report. Commissioner William E. Paul - No report. Commissioner Betty Jean Stewart - Commissioner Stewart requested consideration of requiring that no excavation in Town be done on Fridays inasmuch as same can not be filled in until Monday. Commissioner Stewart indicated that when a developer opens up land in Town through excavation, there is no re- course to effectively get in touch with the developer to have the hole filled. Attorney Sliney will research this matter for possible consideration as a new ordinance requiring the filling of excavated holes. Further, consideration will be given only to allow such exca- • vation in conjuction with an active building permit. Commissioner Basso recommended that a time limit be set on the completion of excavation and filling of holes. Commissioner Paul expressed his concern that these matters be more closely reviewed in order to assure Town Commission Workshop Meeting July 31, 1984 Page 10 of 11 ample protection to the dunes prior to allowing any excavation to take place. Commissioner Stewart cited a Sanibel ordinance which does not allow any excavation of the dunes at all. REPORTS TOWN ATTORNEY: Attorney Sliney indicated that regarding the ITCO Properties (Beach Walk West) lawsuit which had been filed against the Town relating to the decision of the Moratorium Variance Appeals Board, a Motion to Dismiss had been granted in favor of the Town by Judge Wessel. With regard to the second ITCO Properties lawsuit involving the Board of Adjustment's jurisdiction in the matter, this issue is in the process of being responded to by the Town Attorney. REPORTS TOWN MANAGER: The Town Manager submitted a Resolution from the Town of Jupiter which opposed the method of funding distribution regarding fire service. It was the consensus of the Town Commission that this did not apply to the Town of Highland Beach and therefore no action was required. The Town Manager advised that she was continuing research on the Drexel matter i.e. reviewing Minutes, listening to tapes, etc., and that the matter would be placed on the August Workshop Meeting Agenda. At the request of the Finance Department, the Town Manager requested • the review of the Town policy to allow the Town Manager to sign checks, and further, to increase the spending limit of the Town Manager, barring emergencies, to $l,~l00 from $5fdg. It was the consensus of the Town Commission that both of these policies remain as is. A Workshop Meeting date for the budget will be set at the August 7, 1984 Regular Meeting. A request which had been received for the changing of three water meters to one water meter in a tri-plex to save the per meter cost per month was discussed. This request was disapproved. Mrs. Roberts advised that a quote had been received from the Auditing Firm of Nolin, Holt, Miner and Kisker in the amount of $11,610 to provide auditing services during the 1984/85 fiscal year. It was noted that the Finance Director and Internal Auditor made the recommendation to solicit auditors other than the presently retained Peat, Marwick and Mitchell due to personnel changes within that organ- ization. It was the consensus of the Town Commission that this matter be placed on the August 7, 1984 Consent Agenda. The Town Manager advised that she had been requested by the Palm Beach County Municipal League to serve on a newly formed County Charter Review Committee. It was the consensus of the Town Commission that due to the current workload in Town for the Town Manager, that she • decline appointment to this committee. 1 • Town Commission Workshop Meeting July 31, 1984 Page 11 of 11 The Town Manager reported that Mr. Mass, developer on the Coronado project, has requested a meeting with the Vice Mayor, Building Official as well as the Town Manager, which meeting had been set for August 8, 1984. The Town Manager cited a letter received from Mr. Mike Walther of 5trock Engineers asking that the Town reiterate its stand of no objection to the seawall proposed for Royal Highlands. It was the consensus of the Town Commission that this approval be placed on the Consent Agenda for August 7, 1984. It was noted that the numbers on the permits did not match, and the Town Manager was directed to research this matter and report back to the Town Commission at the Regular Meeting. There being no further business to come before the Town Commission at this Workshop Meeting, it was adjourned at 4:30 p.m. APPROVED: ~~~~^-- Loui Horton, Mayor • Mares Lo isle Cy-t~losser,Vice Mayor asso, commissioner William E. Paul, Commissioner Be ty Jean Stewart, Commissioner ATTEST: ~' 0 N CL DATE : ~~- •