Loading...
1984.09.05_TC_Minutes_Regular,,. • TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING WEDNESDAY, SEPTEMBER 5, 1984 1:30 P.M. The Regular Meeting 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 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. The Pledge of Allegiance to the Flag was given. Approval of July 3 August August August August The Minutes Minutes: 1, 1984 7, 1984 7, 1984 15, 1984 15, 1984 were app - Workshop Meeting - Regular Meeting - Public Hearing on Zoning - Special Meeting - Workshop Meeting on Boca Hi roved as submitted. Public Comments and Requests: Mr. Tom Delaney of Boca Highland addressed the Town Commission regarding a recent request for a meeting date to be set concerning the B and C Sites of Boca Highland. Mr. Delaney offered to have his representatives available to answer any questions of the Town Commission at any meeting set up. Attorney Sliney indicated that this matter would be brought up during his report at this meeting. Mr. Michael Dent cited his letter of September 5, 1984, opposing the way in which the Town was handling the Drexel matter and urged the Town Commission to consider further negotiation to acquire additional land behind the fire station in exchange for the requests of the representatives of Drexel Management, Inc. REPORTS - TOWN COMMISSION: Mayor Louis Y. Horton - Mayor Horton read Mr. Dent's letter of September 5, 1984 into the record and noted that a copy of the letter would be given to the Town i Attorney. Mayor Horton stated that from all documentation made available to date, Drexel did not perform in the required manner under the Settlement Stipulation,, however, further research was still ongoing in the matter. . LJ Town Commission Regular Meeting September 5, 1984 Page 2 of 9 Mayor Horton also relayed an invitation to the Town Commission from Mr. Jerome Milord of Camino Cove for the Town Commission to visit and inspect the sales model for that project. Mayor Horton noted that a letter would be forthcoming from Mr. Milord requesting that he be allowed to use the said unit as a sales model, holding the Town harmless from all liability. Vice Mayor Mary Louise G. Blosser - At the recommendation of Vice Mayor Blosser, MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER PAUL to appoint Dr. Jane Rayner and Mr. Reese James as Regular Members of the Ad Hoc Evaluation Committee. All voted aye. It was noted that Dr. Rayner had previously been an Alternate Member of this Committee. Vice Mayor Blosser cited Item No. 84.41 on the August 28, 1984 Workshop Agenda involving the use of the Coronado Clubhouse for sales purposes and reiterated the Town Commission's consensus at that meeting to allow such use for one year only. MOTION was made by VICE . MAYOR BLOSSER/COMMISSIONER BASSO that the use of the Coronado Clubhouse for sales purposes be limited to one year. All voted aye. Commissioner John J. Basso - Commissioner William E. Paul - No Report. No Report. Commissioner Betty Jean Stewart - No Report. REPORTS - TOWN ATTORNEY: The Town Attorney reported that with reference to the two ITCO (Beach Walk West) lawsuits, each was in the process of being responded to. Mr. Sliney reported that with regard to the recent Ocean Terrace and Villa Magna lawsuits, Adjustco, the Town's liability insurance carrier had been notified and would handle these, citing Attorney Sliney as co-counsel on the lawsuits. With regard to the Boca Highland matter, Attorney Sliney felt that the litigation filed was premature inasmuch as it sought relief from the decision of the Planning Commission, which is only an advisory board, and that a final determination on the matter had not yet been reached by the governing body, being the Town Commission. Mr. Sliney recommended that the Town proceed with the negotiations on this . matter, suggesting that a hearing be held with due public notice given in compliance with. Chapter 3~J, Section 12.4 of the Town Code. It was the consensus of the Town Commission that this meeting be held only if the lawsuit is withdrawn, and not proceed with both the lawsuit and the pursuit of further negotiations on the matter. The public hearing • Town Commission Regular Meeting September 5, 1984 Page 3 of 9 was tentatively set for Wednesday, September 26, 1984 at 10:P10 a.m. pending withdrawal of the lawsuit. Mr. Delaney will discuss this matter with his attorney and contact the Town prior to the hearing date. At 2:0~J p.m. the meeting was recessed for approximately ten minutes in order to publicly open bids for the re-surfacing of Bel Air Drive. REPORTS - TOWN MANAGER: The Town Manager reported on meetings held in the past month which included the meeting of the Treasure Coast Regional Planning Council held in Palm Beach, the Ad Hoc Evaluation Committee, the Safety Committee, a joint meeting of the Financial Advisory Board and Police Advisory Board, the Board of Adjustment, and a meeting between herself, Vice Mayor Blosser, Bruce Sutherland and Mr. Mass regarding the Coronado screening of garage and parking openings. Mrs. Roberts cited several pieces of correspondence which she noted were on the clipboard for the Town Commission's review which included a letter from the Property Appraiser regarding the Hoffman RPUD; several pieces of correspondence involving the Road and Bridge lawsuit, noting that the Interrogatories in the matter were presently being answered by the Town Manager and Finance Director; notification from the University of Florida of the preliminary population figure of 2847, noting that same would not be challenged; and notification from the DOT that a .request for Town signs on I-95, as well as "No Parking" signs along the right-of-way of AlA had been denied. The Town Manager cited a notice of August 23, 1984 from the City of Boca Raton regarding a public hearing to be held concerning the Kovens Commerce Center Development of Regional Impact. It was the consensus that the Town of Highland Beach had no input into this matter and therefore Mrs. Roberts will advise Boca Raton. Mrs. Roberts reported to the Town Commission that she had received notice from the Metropolitan Planning Organization that no matching funds were available for the re-paving of Bel Air Drive at this time. Also with respect to the re-paving of Bel Air Drive, Mrs. Roberts cited a letter from Camp Dresser & McKee, the Town's engineers, quoting a cost of $1,350.P10 for the distribution of plans and getting the required DOT approvals, and further a cost of $5,5001.0fd for a resident inspector on the site. It was the consensus of the Town Commission that no action be taken on this matter pending the analysis . and recommendation of Camp Dresser & McKee of the bid received earlier today. Unsold apartments for August were 228. Town Commission Regular Meeting September 5, 1984 Page 4 of 9 The new winter library hours are 10:00 a.m. thru 4:00 p.m. weekdays and 10:00 a.m. thru 12:00 noon on Saturdays, commencing on Saturday, September 9, 1984. Building Department- Water and sewer connection fees have been collected for a triplex south of Bel Lido Drive on AlA; a Certificate of Occupancy has been issued for the remaining units at Enclaves of Boca Cove; the 20th revision of Building Status has been distributed. Mr. Sutherland submitted a letter of Mr. Jerome Milord of Camino Cove regarding the use of one unit as a sales model. A hold harmless agreement was made a part of the letter. There being no objection to this request, the Building Official will handle the matter administra- tively. Finance Department- . Mrs. Fowler, Finance Director, had attended a meeting held by the County regarding alternative ways of assessing fire service costs throughout the county and reported to the Town Commission. Mrs. Fowler stated that it was the consensus of all municipalities involved that the millage levy for fire services be directed to the county rather than the municipality. Also disucssed was the feasibility of a monthly assessment, commencing after receipt of ad valorem taxes. Mrs. Fowler indicated that this would be approximately $53,000 per month. for the Town of Highland Beach. Mrs. Fowler will advise the Town Commission of any further information received on this matter. Commissioner Stewart questioned the appropriation of $45,000 in the Protective Inspections budget for contractual services and was advised that this amount had been appropriated during one of the Budget Workshops by the Town Commission, and involved anticipated inspections on projects which might commence construction. The Town Manager reported on monies received and investment earnings, as well as information which is being gathered regarding computeriza- tion in the Finance Department. Commissioner Stewart recommended that the Finance Director and Internal Auditor meet with Ms. Carol Hertzig of IBM who is working with the City of Boca Raton to gain input and ideas. The auditors, who are working closely with the Finance Department on this matter, will be invited to attend the October 3, 1984 Regular Meeting to discuss the matter and their recommendations • with the Town Commission. Mrs. Roberts reported that the auditors commenced work for the Town's FY 1983.84 audit on August 22, 1984. Town Commission Regular Meeting September 5, 1984 Page 5 of 9 Maintenance Department- The municipal buildings have been pressure cleaned. Department Heads with Town owned vehicles are submitting vehicle maintenance schedules which will be compiled and distributed. Upon questioning by Commissioner Stewart, it was noted that the Scout vehicle, recently traded in for the Building Department's new Ford Escort, had been purchased from the dealer by Bruce Sutherland, Building Official. Police Department- The monthly report has been distributed. The CDC meeting will be held on Thursday, September 6, 1984 at 2:~J0 p.m. in Boca Raton. • Town Clerk- Quotes have been received for the landscaping at the Water Treatment Plant site. The Town Manager requested that the Town Commission review the plans and offer suggestions in order to arrive at an acceptable plan for the site. Utilities Department- Water consumption is average (approx. 38,PJ00,000 gallons) for August 1984. The monthly Utility Report, as well as the test results from USGS are on the clipboard. Test results have been sent to the DER with copies to Camp Dresser & McKee. Utilities Director, Joe Moss, has obtained his Class A Operator's License, and Paul Morrison has obtained his Class B Operator's License. Pursuant to a request made at a Special Meeting held this day to review the Comprehensive Plan map against the proposed Zoning Map, Bernice Smith is checking the tax rolls. REPORTS - BOARDS AND COMMITTEES: . (A) Board of Adjustment - A public hearing will be held on a request for three variances on the Fredericks property on September 24, 1984. • Town Commission Regular Meeting September 5, 1984 Page 6 of 9 MOTION was made by COMMISSIONER BASSO/COMMISSIONER STEWART to accept a Letter of Resignation as a Regular Member of the Board of Adjustment from Mr. Benjamin Winston. All voted aye. (b) Code Enforcement Board - Will meet on September 19, 1984. (c) Community Appearance Board - A recommendation for the re-appointment of H. C. Arnold will be taken up at the October Workshop as his term expires in November. (d) Financial Advisory Board - No Report. (e) Health Officer - No Report. (f) Library Board - No Report. . (g) Planning Commission/Local Planning Agency Will Meet on September 12, 1984. (h) Police Advisory Board- Mr. Bevilacqua was present. Mr. Bevilacqua stated that James Walsh, applicant for the position of Police Officer, would be interviewed at the September 10, 1984 meeting of the Police Advisory Board. PROPOSED ORDINANCES AND RESOLUTIONS: 1. 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-l, ENTITLED "PARKING OF BOATS". This Ordinance was read in its entirety, after which MOTION was made by COMMISSIONER STEWART/VICE MAYOR BLOSSER that same be adopted. Upon being polled by the Town Clerk, all voted aye. 2. 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 was read in its entirety, after which MOTION was made by COMMISSIONER BASSO/COMMISSIONER STEWART to adopt same. Upon being • Town Commission Regular Meeting September 6, 1984 Page 7 of 9 polled by the Town Clerk, all voted aye. 3. 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 read in its entirety, after which MOTION was made by COMMISSIONER BASSO/COMMISSIONER PAUL to adopt same. Upon being polled by the Town Clerk, all voted aye. 4. 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). The Town Attorney will research the provisions of this ordinance against those included in the Zoning Ordinance. This matter will be placed on the September 25, 1984 Workshop Meeting Agenda. • The following Ordinance was given first reading for discussion at the September 25, 1984 Workshop Meeting and possible adoption at the October 3, 1984 Regular Meeting: AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, CHAPTER 7, ENTITLED "BUILDINGS", SECTION 7-l.l ENTITLED "AMENDMENTS TO STANDARD BUILDING CODE" AMENDING SECTION 107.4 OF THE STANDARD BUILDING CODE PROVIDING FOR BUILDING PERMIT FEES. The following Ordinances were given first reading for discussion at the September 25, 1984 Workshop Meeting and possible adoption at a Special Meeting to be held on September 25, 1984. 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING ORDINANCE N0. 479 WHICH APPROPRIATED FUNDS FOR THE FISCAL YEAR 1983/84 WHICH BEGAN OCTOBER 1, 1983 AND WILL END SEPTEMBER 30, 1984. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA TO EFFECT A TAX LEVY BASED UPON THE 1984 TAX ROLL OF THE TOWN OF HIGHLAND BEACH. 3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA • APPROPRIATING FUNDS FOR THE FISCAL YEAR 1984-85, BEGINNING OCTOBER 1, 1984 AND ENDING SEPTEMBER 30, 1985. Town Commission Regular Meeting September 5, 1984 Page 8 of 9 4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, CHAPTER 29, ENTITLED "WATER SYSTEM", SECTION 29-23 ENTITLED "NEW DWELLING CONSTRUCTION; FEES; FUND CREATED". 5. 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 22-1 ENTITLED "COMPULSORY SEWER CONNECTION". REGULAR BUSINESS: Consent Agenda Items - 1. Setting of the following Meeting Dates: October 3, 1984 - Regular Meeting (Wednesday) November 7, 1984 - Regular Meeting (Wednesday) December 18, 1984 - Workshop Meeting (Tuesday) . January 2, 1984 - Regular Meeting (Wednesday) 2. Retention of Marvin Sanders as consultant for the Town on Boca Highland lawsuit. MOTION was made by COMMISSIONER BASSO/COMMISSIONER STEWART that the Consent Agenda be approved. All voted aye. Items Left Over - 1. Lift Station No. 1 Electric Panel. MOTION was made by COMMISSIONER PAUL/COMMISSIONER BASSO that the low quote of Edwards Electric in the amount of $6,650.00 for the electric panel at Lift Station No. 1 be approved. All voted aye. Utilities Director, Joe Moss, was present and gave a status report on the Water Treatment Plant. Bills for Approval - The following Bills were submitted for approval: Gee and Jenson $2,075.90 Harvel & Deland 1,730.16 • Lennox Industries 2,504.62 Sanders Planning Group 2,979.80 • Town Commission Regular Meeting September 5, 1984 Page 9 of 9 The Total Bills for Approval .............$9,290.48 MOTION was made by COMMISSIONER BASSO/COMMISSIONER PAUL to approve the Bills as submitted. All voted aye. There being no further business to come before the Town Commission, the meeting was adjourned at 3:05 p.m. APPROVED: Loui Horton, Mayor ~ -P n ~n y_Leu~se~j. ts•losser,vice Mayor ro L~ asso, Commissioner Wil~liam E. Paul, Commissioner ~`J Bet~Jean Stewart, Commissioner ATTEST: N CLE '~ DATE: