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1984.08.28_TC_Minutes_Workshop (2)TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING TUESDAY, AUGUST 28, 1984 9:30 A.M. A Workshop Meeting of the Town Commission was called to order in the Town Commission Chambers by Vice Mayor Mary Louise G. Blosser. Also present were Commissioners John J. Basso and Betty Jean Stewart. Mayor Louis Y. Horton and Commissioner William E. Paul were absent. 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. Michael Dent addressed the Town Commission regarding the garbage fees requesting that the Town Commission consider including same in the general operating funds of the Town in the 1984/85 budget. Mr. Dent also asked about and was advised as to the amendments to the Interlocal Agreement regarding fire services through the Palm Beach County Fire/Rescue Department. • Mrs. Liane Novak addressed the Town Commission with regard to the library indicating that circulation had increased 300% in the past two years. Mrs. Novak stated that all volunteers felt that Ann Herman, Librarian was an asset to the library in the ongoing cataloguing process as well as purchasing and supervision of the volunteers. 84.42 Discussion re Drexel Matter. Samuel Goren, Attorney for Drexel Management, Inc.; Steve Mahalis, Vice-President of Drexel Management, Inc.; Greg Darby of Darby and Way, and Earl Totz were all present. Mr. Darby gave a brief chronological history of the Drexel project, as well as explaining the application process and criteria to secure permits from the DER and the DNR. Mr. Goren reiterated the request of Drexel for an extension of time in the amount of 3 1/2 years due to the alleged delays in securing the required state permits on the project. Commissioner Stewart stated that the time involved in the obtaining of the required permits was taken into account upon the approval of the original time limits set out in the Settlement Stipulation, and that the issues as raised previously with regard to this project were still valid and not yet answered to the satisfaction of the Town Commission. Attorney Sliney indicated that he was not convinced that economic conditions did not play a part in the delay inasmuch as the state agencies had not been "pushed" to approve the permits required. It was further noted that the Corps of Engineers permit had not been secured, so that the project was still not ready to start. Upon questioning by Commissioner Stewart, it was determined that Drexel had not yet paid Town Commission Workshop Meeting August 28, 1984 Page 2 of 11 the permit fee required to obtain the Corps of Engineers permit. It was noted that Darby, with regard to mangrove re-vegetation, had requested that this not be done until after construction started, and then be done within 180 days. It was further determined that construction plans still had not yet been submitted to the Town. Mr. Totz contended that all proofs of engineering and permit application had been given to the Town and that without final approval on where the seawall was to be located, construction plans could not be drawn. Commissioner Stewart noted that due to the fact that all permits had not been secured, the Town was in no way holding up the project. The Town Commission directed the Town Manager to contact CDM, the Town's engineers, to give an opinion as to the permitting process and the time involved and what criteria was used in not diligently securing a building permit on the project. Attorney Sliney requested from Drexel Management, Inc. a succinct statement as to where the permitting process stands right now in relation to the time of commencement of a building. Mr. Goren stated that he would respond to any findings that the Town's engineers made. Mr. Mahalis made a statement as to his opinion that due diligence was exercised in this project and reiterated the request for a 3 1/2 year extension and stated that economics had been a factor in this issue, although no "feet dragging" was intended. Mr. Mahalis stated that Drexel did not want to build • anything that is not economically feasible to build. Again, Commissioner Stewart questioned why Drexel found it reasonable to request the entire 3 1/2 year extension rather than what might be considered to be "unreasonable delays" on the project. Mr. Mahalis felt that this request was in order. Attorney Sliney stated that he felt the Town was being reasonable and proceeding properly and not denying Drexel any rights to which they might be entitled. The Town Commission will take further action upon receipt of the requested information from CDM, the Town's Engineers. 84.2 Boards and Committees. Mrs. Roberts noted that Gil Lorenz (Alternate Member) and Arthur Keifer (Regular Member), both had November expirations on their appointments to the Board of Adjustment, which matter would be placed on the October Workshop Agenda for consideration. Vice Mayor Blosser noted that the original appointment dates should be supplied on these requests in order to assure that the six year limitation rule was being enforced. Mrs. Roberts will have the present Board List updated to show the original appointment of all Board and Committee Members. Vice Mayor Blosser also requested that the Town Commission consider appointing Dr. Jane Rayner a Regular Member of the Ad Hoc Evaluation Committee, as well as appointing Mr. Reese James a Regular Member of this Committee, and possibly having the Ad Hoc Evaluation Committee • study the insurance and fringe benefit needs of the Town. This matter will be discussed further at the Regular Meeting of September 5, 1984. Vice Mayor Blosser also relayed a request of the Ad Hoc Evaluation Committee for the provision of a file space in Town Hall, as well as a Town Commission Workshop Meeting . August 28, 1984 Page 3 of 11 subscription to The Municipal Record for information purposes. 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 6, ENTITLED "BEACHES AND BOATS" SECTION 6-1 ENTITLED "PARKING OF BOATS". This Ordinance was scheduled for final reading at the September 5, 1984 Regular Meeting. (b) 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 2-19, ENTITLED "TOWN MANAGER - APPOINTMENT; DUTIES; BOND". This Ordinance will be re-drawn to include the present bond provisions as included in present Code Section 2-19. Also, the Town Attorney will draft an Ordinance to repeal Section 2-5 in the Town Code. The Ordinance amending Section 2-19 was scheduled for final reading at the . September 5, 1984 Regular Meeting. (c) 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". Discussion ensued regarding "mini vans" and whether those were objectionable in Town. It was noted that the proposed Ordinance cited the recreational vehicles as those defined in Florida Statute Section 32fd.01(1)(b) which included those intended by the Town Commission. The Town Manager will provide the Police Department a copy of the Statute cited in the Ordinance. This Ordinance was scheduled for final reading at the September 5, 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 21, ENTITLED "SEAWALLS, BULKHEADS, RETAINING WALLS", SECTION 21-1 (d)(7)." It was noted that this ordinance deals with the requirements on the ocean rather than on the Intracoastal Waterway. This Ordinance was scheduled for final reading at the September 5, 1984 Regular Meeting. • Town Commission Workshop Meeting • August 28, 1984 Page 4 of 11 (e) ORDINANCE RE SOUTHERN BELL. Attorney Sliney indicated that presently an ordinance was unnecessary based on a July 18, 1984 letter received from counsel for Southern Bell. However, Attorney Sliney indicated that he was still research- ing what other municipalities were doing in this regard and would report to the Town Commission any findings which may be applicable to the Town of Highland Beach. Commissioner Stewart noted that we should look into this in view of the fact that other telephone companies might obtain business in the Town, i.e. telephone booths. Commissioner Basso questioned whether this matter could be controlled. Attorney Sliney indicated that this would be a controllable situation as the lst Amendment was not .involved as in the newspaper stand situation. (f) AN ORDINANCE RE EMERGENCY SEAWALL MEASURES - It was noted that the Code Enforcement Board would report on their recommendations after their September meeting. (g) PROPOSED DECISION REGARDING OPTING OUT OF COUNTY • IMPACT FEES. Mrs. Roberts reported that the County Engineer stated that these funds could not be used for drainage, or anything that would benefit the Town of Highland Beach, so no action was necessary on this matter. (h) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING A ZONING ORDINANCE OF THE TOWN OF HIGHLAND BEACH SUPERSEDING ALL PRIOR ZONING ORDINANCES AND AMENDMENTS THERETO. As this will be a lengthy discussion, it was the consensus of the Town Commission that this matter be taken up last at this meeting. 82.49 Delray Beach/Highland Beach Sewer Issue Status. Mrs. Roberts indicated that a report was still being awaited from Larry Adams of CDM regarding this matter. Also it was noted that Mayor Horton, Commissioner Basso (who served on the joint Sewer Dispute Ad Hoc Committee) and Larry Adams would meet prior to any joint meeting being held between Highland Beach, Delray Beach and Greeley and Hansen. 83.74 County Sanitation Contract Status. Mrs. Roberts cited a 8/6/84 memorandum which had been submitted to the Town Commission reporting on conversations with Mr. Gaudette of County Town Commission Workshop Meeting • August 28, 1984 Page 5 of 11 Sanitation, as well as gave the Town Commission figures regarding expenditures and collections of garbage funds. Commissioner Basso expressed the view that we should continue with the present contract to 1985 with no extensions and solicit bids for collection after that date. Mrs. Roberts explained that part of the rationale for County Sanitation agreeing not to charge the Town for unsold apartments was the fact that the Town had tentatively agreed to extend the contract for three years. The Town Manager also noted that Delray Beach was very unsatisfied with Waste Management Corporation, however, there were other companies that could be contacted. Commissioner Basso stated that he felt the Town should not be making money on this as we were in the business of providing services to residents of the Town, and recommended that this be put back into the general operating budget as it had been in the past. Mrs. Roberts stated that should the Town not extend the contract, Mr. Gaudette could possibly charge the Town retroactively for those unsold apartments. Commissioner Basso requested information as to exactly what administrative costs were involved in the billing of the garbage. It was noted that the water, sewer and garbage administrative charges were all in one account, however, the Town Manager will have this information broken down and supply same to the Town Commission. It was the consensus of the Town • Commission that some process be found by which to evaluate the amount of tonnage generated in the Town in order to effectively go out for bids and pin down any costs involved. A comparison may be done using the Town of Manalapan as an example. The Town Manager will ask Mr. Gaudette for proof of a one time pick up as well as to supply the Town with information as to how the garbage charges are computed. Also, information on the dollar amounts involved in the charging of unsold apartments will be obtained. 84.8 Utilities Department. Mrs. Roberts reported that a third quote was being obtained on the provision of an electric panel for Lift Station No. 1, which information will be provided for possible action at the September 5,1984 Regular Meeting. With regard to the landscaping of the Water Treatment Plant property, it was noted that any plan accepted by the Town Commission would have to be presented to the Boca Raton CAB for approval. Mrs. Roberts asked Commissioner Stewart for assistance, however, Commissioner Stewart declined indicating that this was an administrative responsibility and should be handled as such. Vice Mayor Blosser requested that the Town Commission make an effort to review the plans in Town Hall for possible action at the September 5, 1984 Regular Meeting. n 1~.~ C~ Town Commission Workshop Meeting August 28, 1984 Page 6 of 11 84.24 Request from Building Official re Increase in Building Permit Fees. It was noted that the Building Official was requesting a 10% increase in permit fees, as no adjustment had been made since 1979. Attorney Sliney will draw an ordinance for first reading at the September 5, 1984 Regular Meeting to effectuate this change. Also at the request of Commissioner Stewart, Attorney Sliney will research the feasibility of instituting impact fees, for such tings as the library, road and pedestrian path, such as those charged in Boca Raton when permits are applied for. Mrs. Roberts advised the Town Commission that Attorney Sliney was also drawing up ordinances which would increase the water and sewer connection fees from $600.00 to $700.00. 84.27 Discussion regarding security measures for Administrative and Building Departments. Mrs. Roberts and Mr. Saunders are still working on obtaining quotes on this matter and will report on same at an early date. A lunch recess was taken from 12:00 noon until 1:30 p.m. at which time the Workshop Meeting was reconvened. Commissioner Stewart reported that the DOT had finally mowed the right-of-way of AlA in Town. 84.28 Status of Bel Air Drive re-paving project. Mrs. Roberts reported that according to Jay Ameno of CDM, only one bid had been received on the project, however, other sealed bids were being solicited by phone in time for the Wednesday, September 5, 1984 2:00 p.m. bid opening. 84.34 Request for water meter installation at Monterey House. This matter was deferred pending further information. 84.35 Unity of Title request - Fredericks Property. It was noted that the Board of Adjustment had postponed the public hearing on the variances requested on this property due to the fact that only two of three variances requested were on the application. The three variances involved a gate house, the height of an observation tower, and the width of the house. The Board of Adjustment will hold its public hearing on September 24, 1984. This matter will be placed on the September Workshop Meeting Agenda, for discussion regarding the Unity of Title request pending. • Town Commission Workshop Meeting August 28, 1984 Page 7 of 11 84.37 Request of Vice Mayor Blosser to review Agenda Pc~l7C7PR_ Discussion ensued regarding Rule No. 9 of the Town Code requiring all petitions to the Town Commission to be in writing. It was the consensus that this provision be adhered to as stringently as possible in the future by the general public as well as the Town Commission. It was further noted that the 5 minute provision for public comments and requests be strictly enforced. The Workshop and Regular Meeting Agendas will be consistent in the referral to Public Comments and Requests and Rule No. 9 will be cited. Commissioner Stewart also requested that those matters on the agenda for which people would be making any type of presentation be moved to the beginning of the meeting. Mrs. Roberts indicated that this was already being done. Commissioner Stewart also recommended that the agenda deadlines set be strictly enforced in order to alleviate last minute matters being brought up at meetings. Discussion also took place regarding possible reviewing of a draft of the Agenda prior to distribution. It was noted that with respect to the Regular Meeting Agenda and the time frame, this was not feasible. The Workshop Meeting Agenda, which is drawn 15 days prior to a Workshop Meeting will be held for one week • before distribution for review by the Town Commission for additions, deletions or corrections. 84.41 Memorandum of 8/11/84 from Vice Mayor Blosser re unauthorized new business at Coronado Ocean Club. Mr. Leonard Mass, Vice-Resident of Trafalgar Developers, Inc. was present. A recent newspaper article, indicating that the Coronado Ocean Club was being used as a business office to market properties of Trafalgar Developers, Inc., other than Coronado was cited. Mr. Mass indicated that the article was in error, that a new marketing manager had been hired and stationed at the Coronado Ocean Club for the main objective of selling the Coronado units, which should continue for a period of not more than one year. Mr. Mass also discussed the VIP Program wherein prospective purchasers were given accomodations for a set charge at Coronado. Commissioner Stewart requested that Mr. Mass supply the Town with copies of any advertisements regarding the VIP Program. Mr. Mass referred to a the Coronado garage, i weeks to complete from occur in approximately from the DOT regarding information. 8/13/84 letter regarding the curtain walls for ndicating that the project would take 10-12 the commencement of construction, which would 2 weeks. Also, Mr. Mass will acquire a schedule the widening of AlA at Coronado for the Town's • Town Commission Workshop Meeting August 28, 1984 Page 8 of 11 84.38 Request of Vice Mayor Blosser to review policy regarding the times of Town Meetings in relation to Monday Holidays and Election Dates. After discussion, the Town Commission reached a consensus that the following dates be placed on the Consent Agenda for formal approval: October Regular Meeting scheduled to Wed., October 3, 1984 November Regular Meeting scheduled to Wed., November 7, 1984 December Workshop Meeting scheduled to Tues., December 18, 1984 January Regular Meeting scheduled to Thurs., January 3, 1985 84.39 Request to schedule meetings throughout the year regarding financial statements, cash flow, budgets, etc. The Town Manager noted that in the future, additional monthly financial reports would be submitted to the Town Commission. Mrs. Roberts will look into the provision of financial and budget seminars for Town Commission Members. Also, the Town Manager and Finance Department are working on information regarding computer software and . hardware for the financial needs of the Town. 84.4H Request of Town Attorney for consideration of Marvin Sanders on retainer/expert witness basis. It was noted that this request was initiated inasmuch as Mr. Sanders had been approached by the Braemer Isle Condominium Association to work with them on a retainer basis in the pending Boca Highland litigation. Attorney Sliney recommended that Mr. Sanders be approached to work with the Town in the Boca Highland matter on a retainer basis so that his expertise would be available to the Town at the appropriate time the litigation is brought to trial. Mr. Sliney indicated that there were things that Mr. Sanders could be working on presently concerning Boca Highland and could be paid on an hourly basis for the research performed, up to a certain maximum. It was noted that John Toshner, of Gee and Jenson, along with Phil O'Connell would be required in the trial of this matter. It was the consensus that Mr. Sanders background again be studied as to his qual-ifications to perform the research. The retention of Mr. Sanders will be placed on the September 5, 1984 Consent Agenda. Discussion again ensued regarding the Drexel matter and the earlier request for the Town Manager to get the Town engineers (CDM) to study the matter and make a recommendation. Commissioner Stewart recommended that the Town Manager approach the state agencies first to find out the status of the project prior to retaining the engineers • for this purpose. The Town Commission agreed that this course should be followed. • Town Commission Workshop Meeting August 28, 1984 Page 9 of 11 The Town Manager reported that Mr. Milani had requested an answer to a request for an extension on that project which he submitted on 6/25/84. It was noted that the Town Commission had previously taken action on this matter, and that the Town Attorney had answered Mr. Milani's letter stating that the Town Commission felt that enough time had been spent on the matter, and that the Town Commission could not help Mr. Milani at this time. The Town Attorney will provide the Town Manager with copies of his correspondence for transmittal to Mr. Milani. REPORTS - TOWN COMMISSION: Mayor Louis Y. Horton - Absent Vice Mayor Mary Louise G. Blosser - No Report Commissioner John J. Basso - No Report Commissioner William E. Paul - Absent Commissioner Betty Jean Stewart - No report • REPORTS - TOWN ATTORNEY: The Town Attorney reported on the status of the ITCO (Beach Walk West) lawsuits stating that the Town was in the process of responding to same. Mr. Sliney will give the Town a recommendation at an early date as to how the Town should proceed in the Boca Highland issue in view of the pending litigation. It is Mr. Sliney's opinion that the lawsuit was filed prematurely inasmuch as the Planning Commission is an advisory Board, and action has not yet been taken by the governing body. Attorney Sliney reported that an action had been filed against the Town by Ocean Terrace relating to an assertion that the Town had been unfair to Ocean Terrace in its proceedings, as well as a 1983 Civil Rights Action. Copies will be submitted to the Town's insurance carriers. An action has been filed against Villa Magna and the Town relating to a claim of deficiencies in a particular unit at Villa Magna, copies of which lawsuit will also be transmitted to the Town's insurance carriers. REPORTS - TOWN MANAGER: • The Town Manager cited a letter from the DER regarding the Holiday Inn Seawall dated August 27, 1984, and advised that a copy of said letter was on the clipboard. • Town Commission Workshop Meeting August 28, 1984 Page 10 of 11 Mrs. Roberts advised that quotes were still being obtained on the provision of hurricane shutters for the municipal buildings. The Town Manager reported that the appropriate newspaper ad had been published on August 24, 1984 regarding the public hearing on General Revenue Sharing as well as the general operating budget to be held on September 4, 1984 at 5:01 p.m. Mrs. Roberts noted that the Planning Commission had recommended approval of a special exception regarding the Casuarina Sales trailer which matter was now properly before the Town Commission. A public notice will be placed in the newspaper for hearing by the Town Commission at their October 3, 1984 Regular Meeting in compliance with Section 9 of Chapter 30 of the Town Code. A ten minutes recess was then taking prior to re-convening this meeting. The final Agenda Item discussed was the proposed Zoning Ordinance, entitled: • AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH,FLORIDA ADOPTING A ZONING ORDINANCE OF THE TOWN OF HIGHLAND BEACH SUPERSEDING ALL PRIOR ZONING ORDINANCES AND AMENDMENTS THERETO. The proposed Ordinance was reviewed with recommendations being made for changes including the following: The memorandum of Vice Mayor Blosser, which includes several definitions, will be studied for possible inclusion into the proposed ordinance; the proposed flow chart will be reviewed and included; all editor's notes will be deleted at the request of the Town Attorney; Section 3.3 will be amended to become more stringent and prohibit all commercial enterprises; finished floor heights of 8 feet minimum will be included in all districts; in Sec. 5.14, a new sub-section (i) will be included to read "No boat shall be dragged over or parked on dune east of the Coastal Construction Control Line". At 5:05 p.m., this meeting was recessed until Friday, August 31, 1984 at 1:30 p.m. APPROVED: (Absent) Louis Y. Horton, Mayor Mary ouise Blosser,Vice Mayor Town Commission Special Meeting August 28, 1984 Page 11 of 11 ® - ~. - /~vd-~ J~ sso, Commissioner ATTEST: • ~ti TOWN CL K p DATE : /js .g~ ~-4 Beth Jean Stewart, Commissioner (Absent) William E. Paul, Commissioner •