1984.12.18_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
WORKSHOP MEETING
Tuesday, December 18, 1984 9:30 a.m.
A Workshop Meeting of the Town Commission was called to order at 9:30
a.m. in the Town Commission Chambers by Mayor Louis Y. Horton. Also
present were: Vice Mayor Mary Louise G. Blosser, and Commissioners
John J. Basso, William E. Paul, and Betty Jean Stewart.
Also present were: Town Attorney Thomas E. Sliney, Building Official
Bruce Sutherland, Finance Director Maree Fowler, Acting Town Manager
Mary Ann Whaley, Deputy Town Clerk Elizabeth L. Kolek, citizens, and
general public.
84.1 PUBLIC COMMENTS AND REQUESTS:
(1) Mr. Philip Colman (a resident at Villa Magna and a developer)
addressed the Town Commission and requested their general approval to
proceed with a design for a building he would like to build on Town
Lots #87 and #89, stating that he has a valid contract to purchase this
property and that he would build a better quality building than the one
for which there presently is a building permit (taken out by the
present owner), whose design was unacceptable to him. He stated that
his building would include the following: a resident manager's
accommodations (as the original plan had none); covered parking would
not be open to guests and the guest parking would be expanded; a
service area and service elevator (for moving large furniture, mirrors,
etc.); a larger pool--not visible from AlA--to include a whirlpool;
will include enclosed showers; balconies would be included; balconies
would be tiled; balconies would be less of an intrusion on the Coastal
Construction Line as the prior plan; storm shutters on all units; floor
to ceiling windows; a better security system; floor plans would be
rearranged so master baths would not face East. He also stated that
the manager's unit would be an "amenity" of the condominium association
and would not be counted as a dwelling unit, but the building would be
built within the allowable density, with no change in building height
and the building itself would be better. Mr. Colman was reminded by
Commissioner Stewart that he had exceeded the five minute public
comments allowance (by five minutes), as stated on the agenda, and
Mayor Horton asked Mr. Colman to summarize his statements. Discussion
followed. Commissioner Stewart stated because there were no updated
drawings supplied by Mr. Colman showing his proposed revisions (she
recalled the difficulties encountered in the past with another project
in Town that resulted in strong condemnations by the residents of that
area which was built on ideas, not on plans presented to the Town
Commission), thereby she felt she could not give her general approval
of the project at this time. Attorney Sliney stated that the modified
plans would have to be approved by the Planning Board, C.A.B., and
Building Department, etc., and could not exceed the limits of the
present building permit, which has a maximum of 26 units. Attorney
Sliney was asked to research if a manager's unit is included in
density. Vice Mayor Blosser objected to balconies and walkways
projecting over the Coastal Construction Line and also stated that the
applicant should assume any costs resulting from the revision of plans.
Mayor Horton stated that he felt certain that Mr. Colman understands
Minutes of Town Commission Workshop Meeting
Highland Beach, Florida
December 18, 1984 Page 2 of 8
and agrees to that situation. Mr. Colman stated that he would proceed
with his architects, Schwab & Twitty, tomorrow, if the Town Commission
was agreeable. The consensus of the Town Commission was to give Mr.
Colman general approval to proceed with his proposed plans, with a vote
of 4 to 1. Commissioner Stewart voted N0.
(2) Mr. James White (of B.K.Marine) requested that a letter of no
objection be sent to the D. N. R. from the Town Commission regarding a
seawall he plans to build located at 4005, 4011, and 4017 South Ocean
Boulevard for his clients. After some discussion, the Town Commission
recommended that the steel used in the seawall be sealed and that it
should comply with State rules. It was the consensus of the Town
Commission to grant his request and write a letter of no objection to
the proposed seawall, as stated above.
84.2 BOARDS AND COMMITTEES:
BOARD OF ADJUSTMENT - (Two Alternate Member vacancies, at this
time.)
Mr. Charles Arbetman was interviewed. The Town Commission will discuss
this further and take possible action at the Regular Meeting on
January 3, 1985.
CODE ENFORCEMENT BOARD - (One Regular Member vacancy and one
Alternate Member Vacancy. The Regular Member Vacancy is due to the
expiration of Ellen Gerber's term. She has served four years and
therefore can be reappointed for an additional two year term. The
Alternate Member Vacacny is due to the expiration of a one year term of
Andrew Bennardo. The C.E.B. has recommended the reappointment of both
members.)
Commissioner Paul stated that the State now requires this board to have
seven regular members and that we should have regular members to honor
that requirement since we presently have five regular members and two
alternate members on this board. Dr. Joseph W. Sieff was interviewed
for a position on this board later today. This matter will be further
discussed and possible action taken at the Regular Meeting on
January 3, 1985.
FINANCIAL ADVISORY BOARD - (One Regular Member vacancy. The Regu-
lar Member vacancy is due to the expiration of Jane Rayner's term.)
Ms. Whaley announced that the applicant, Mr. Burton Gould, was no
longer interested in the position and that Mr. Arthur Harris was out of
Town and was not able to be present today to be interviewed, but would
be available at another time, since he is still interested in becoming
a member of this board.
MINUTES of Town Commission Workshop Meeting
Highland Beach, Florida
December 18, 1984
Page 3 of 8
POLICE ADVISORY BOARD - (One Regular Member vacancy and one Alter-
nate Member vacancy. These vacancies are due to the expiring terms of
Lowell Blum (Regular Member) and John Sudbay (Alternate Member). Both
are eligible for reappointment. The P.A.B. recommends the reappoint-
ment of both members.)
Mr. Nick Daniels and Rabbi Nathan Zelizer were interviewed later
today. This matter will be discussed further and possible action taken
at the Regular Meeting on January 3, 1985.
84.3 PROPOSED ORDINANCES AND RESOLUTIONS:
(a) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
REPEALING ORDINANCE NUMBER 482, ADOPTED ON NOVEMBER 1,
1983, DECLARING AN EXEMPTION TO THE PROVISIONS OF CHAPTER
83-498 OF THE LAWS OF THE STATE OF FLORIDA PROVIDING
FOR UNIFORM FILING DATES AND UNIFORM ELECTION DATES FOR
MUNICIPAL ELECTIONS.
This Ordinance will be discussed further with possible adoption at the
Regular Meeting on January 3, 1985.
• (b) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING SECTION 1.06(2) OF THE CHARTER OF THE TOWN
OF HIGHLAND BEACH PERTAINING TO ELECTION DATES, AMENDING
SECTION 1.06(5) OF THE CHARTER OF THE TOWN OF HIGHLAND
BEACH PERTAINING TO REQUIREMENTS FOR ELIGIBILITY FOR
ELECTION OR APPOINTMENT AS A TOWN COMMISSIONER, AND
AMENDING SECTION 1.06(6) OF THE CHARTER OF THE TOWN
OF HIGHLAND BEACH PERTAINING TO QUALIFYING DATES FOR
FILING AS A CANDIDATE FOR TOWN COMMISSIONER: AMENDING
SECTION 8-3 OF THE CODE OF ORDINANCES OF THE TOWN OF
HIGHLAND BEACH PERTAINING TO ELECTION DATES AND AMENDING
SECTION 8-4 OF THE CODE OF ORDINANCES OF THE TOWN OF
HIGHLAND BEACH PERTAINING TO QUALIFICATION OF CANDIDATES
AND THE DATES FOR FILING AS A CANDIDATE.
Attorney Sliney will redraft this ordinance (paragraph five) and re-
submit for possible adoption at the Regular Meeting on January 3,
1985.
(c) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
ORDINANCE NO. 456, NUMBERS 8, 9, 11, AND 12: SITE PLAN
REVIEW (PRELIMINARY), SITE PLAN REVIEW (FINAL DEVELOPMENT
PLANS), COMMUNITY APPEARANCE BOARD (PRELIMINARY REVIEW),
COMMUNITY APPEARANCE BOARD (FINAL REVIEW).
This Ordinance will be discussed further with possible adoption at the
Regular Meeting on January 3, 1985.
MINUTES of Town Commission Workshop Meeting
Highland Beach, Florida
December 18, 1984
Page 4 of 8
(d) PROPOSED ORDINANCE AMENDING CHAPTER 2 RELATING TO BOARDS AND
COMMITTIES TO TRACE ZONING ORDINANCE.
•
This Ordinance will be submitted by Attorney Sliney for first reading
on January 3, 1985.
(e) 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" BY THE ADDITION OF A SECTION ENTITLED
"SEAWALLS - ABATEMENT OF THE NUISANCES, INJURIOUS OR
DANGEROUS CONDITIONS."
The Acting Town Manager reported that the Code Enforcement Board had
discussed this matter at great length and recommended that nothing else
be added to the Town Code regarding this matter because the present
ordinance, as written, gives them all the power they need for enforce-
ment. The Code Enforcement Board does not get involved until a
citation is written. Commissioner Stewart expressed concern about a
time delay when an emergency condition arises but Ms. Whaley stated
that emergencies can be handled without waiting for decisions by
boards. Vice Mayor Blosser would like the Town Commission to consider
adding a penalty for non-compliance. Attorney Sliney advised that the
Town should not get involved with private property ownership rights and
should not get involved in the inspection of seawalls, but the
maintainance should be left to the responsibility of the owner. This
matter will be discussed further at the Workshop Meeting on January 29.
1985.
Vice Mayor Blosser stated that she will be meeting with the Community
Appearance Board regarding the Sign Ordinance during their Regular
Meeting on December 20, 1984.
82.49 HIGHLAND BEACH/DELRAY BEACH SEWER ISSUE STATUS:
Attorney Sliney has sent a letter to Greeley & Hanson (engineers) as
requested by the Town Commission which points out errors that are not
new thoughts in their final preliminary report. No reply has been
received. Mayor Horton stated that the Town can do nothing until
Greeley & Hanson finalize their report. The Finance Director stated
that Greeley & Hanson's bill had not yet been paid by the Town. This
will be discussed further at the Regular Meeting on January 3, 1985.
MINUTES of Town Commission Workshop Meeting
Highland Beach, Florida
December 18, 1984 Page 5 of 8
84.51 DISCUSSION REGARDING RETENTION OF LANDSCAPING FIRM IN LIEU
OF MAINTENANCE EMPLOYEE:
A memo from the Acting Town Manager was discussed recommending that a
landscape company maintain the Town Hall grounds and also the trees
planted by the Greening Committee along AlA. Commissioner Stewart
stated that those who signed maintenance agreements for trees planted
near their property should abide by their agreement and the Town
should not take on any unnecessary expenses. Vice Mayor Blosser
reported that in a letter dated November 16, 1982, the Financial
Advisory Board recommended that a landscape company be retained to
maintain the grounds. Acting Town Manager Ms.Whaley recommended that a
landscaping firm be retained until the end of this fiscal year and then
reevaluate the matter. The consensus of the Town Commission was to
discuss this further and take possible action on the Consent Agenda of
the Regular Meeting on January 3, 1985.
84.52 DISCUSSION AND RECOMMENDATION REGARDING REVISED SEWER RATES:
Finance Director Maree Fowler recommended that a fee of $6.00 be added
to the present sewer charges. Discussion ensued regarding the amount,
if user charges should only be charged or if this should be added to ad
valorem taxes (to develop revenue from undeveloped lots and land since
having water and sewer available increases the value of such property),
and when this added fee should begin. The consensus. of the Town
Commission was that Attorney Sliney will draw up an Emergency Ordinance
after today's Workshop Meeting, to add this $6.00 fee to sewer charges
to begin with January's billing and present this Emergency Ordinance
for possible adoption at the Special Meeting of the Town Commission
scheduled later today.
84.53 DISCUSSION REGARDING COMPENSATION OF TOWN CLERK IN ACTING
TOWN MANAGER CAPACITY:
After some discussion, it was the consensus of the Town Commission to
add the sum of $1,351.00 for the three month period of September 25 to
December 25, 1984 to the salary of the Town Clerk, Mary Ann Whaley, who
was appointed Acting Town Manager by the Town Commission on September
25, 1984, with the understanding that the salary will continue as long
as she serves in the Acting Town Manager capacity. This action will
be taken at the Special Meeting scheduled later today. (It was noted
by the Finance Director that the funds would come from the Town
Manager's Department budget.)
Some discussion ensued as to how to conduct the interviews of the
applicant finalists for the position of Town Manager at the Special
Meeting later today. It was the consensus of the Town Commission to
conduct the interviews sitting at the tables in front of the dais
in order to have a more informal atmosphere.
• ~ Dr. Joseph W. Sieff was interviewed and expressed his interest in be-
coming a member of the Code Enforcement Board.
Rabbi Nathan Zelizer was interviewed and expressed his interest in
becoming a member of the Police Advisory Board or the Community Appear-
ance Board.
MINUTES of Town Commission Workshop Meeting
Highland Beach, Florida
December 18, 1984 Page 6 of 8
Mr. Nicholas Daniels was interviewed and expressed his interest in be-
coming a member of the Police Advisory Board.
Finance Director Maree Fowler reported on the 8:00 a.m. meeting she
attended today in West Palm Beach of the Palm Beach County Municipal
League concerning the Fire/Rescue MSTU. The main issues discussed were
two problems that must be solved: (1) return of tax monies to special
districts and (2) a referendum is needed. The municipal attorneys were
invited to attend their next meeting on Wednesday, December 19, at 8:30
a.m. because their help was needed and time was of the essence.
Attorney Sliney stated that he or someone from his office would
attend.
At 12:15 p.m., the Workshop Meeting was recessed until the afternoon.
At 3:10 p.m., Mayor Louis Y. Horton reconvened the Workshop Meeting of
this morning. Also present were: Vice Mayor Blosser and Commissioners
John J. Basso, William E. Paul, and Betty Jean Stewart.
Also present were: Deputy Town Clerk Elizabeth L. Kolek, citizens, and
the general public.
REPORTS - TOWN COMMISSION:
MAYOR LOUIS Y. HORTON - no report.
VICE MAYOR MARY LOUISE G. BLOSSER -
Vice Mayor Blosser requested that the Acting Town Manager request a
copy of Fort Lauderdale's Sign Code.
Vice Mayor Blosser met with the Ad Hoc Evaluation Committee on December
11 and stated that the committee did not know what the Town Commission
expected of them and if the Town Commission supported them or not.
Acting Town Manager Ms. Whaley stated that she was not asked to provide
any information and that Mrs. Roberts had given the committee all the
information they had asked for when she was here, a copy of this
information given them is on file in the office.
Vice Mayor Blosser also stated that the Town's present Organizational
Chart and Job Descriptions are out-dated and need to be updated but it
was the feeling of the Town Commission that this should be done by who-
ever is hired as the new Town Manager.
COMMISSIONER JOHN J. BASSO -
Commissioner Basso stated that trees and plantings blocked the viewing
of the flag pole in front of the Municipal Center buildings and said
that he felt it should be moved closer to AlA so the public could see
the flag better. The Acting Town Manager was asked to look into how
. this could be done and was asked to contact the Police Department to
take down the flag at dusk, each day.
COMMISSIONER WILLIAM E. PAUL - No report.
MINUTES of Town Commission Workshop Meeting
Highland Beach, Florida
December 18, 1984 Page 7 of 8
COMMISSIONER BETTY JEAN STEWART -
Commissioner Stewart stated that the dockage facilities at the Edge-
water project (Yusem to Hackman) seem to have no D.N.R. permit and
brought this up at this time only in the event that future problems
might arise.
She also suggested that flowers should be planted around Town Hall and
springeri fern planted around the trees with monies from the Town
budget. It was the consensus of the Town Commission to allocate $100
to $200 for such plantings and also for flowers at the Town sign at the
South end of Town near Boca Highland, since Boca Highland has been
neglecting to do this. It was agreed that this be done as soon as
possible to help beautify the Town.
REPORTS - TOWN ATTORNEY:
Attorney Sliney stated that he submitted an audit report a week ago re-
garding the status of the lawsuits.
The Planning Board/Local Planning Agency has approved the Frederick
(Maravilla) request for modifications and expansion. Deed restrictions
must be adhered to and Commissioner Stewart felt that the Town should
go on record that they will make sure the deed restrictions are adhered
• to. The Acting Town Manager requested that the Town Commission review
Mr. Frederick's plans (on file in the Building Department) prior to the
next Regular Meeting. (This matter will be discussed further at the
Regular Meeting on January 3, 1985.)
Attorney Sliney drafted a letter, for the Building Official's
signature, which has been sent to the owners of structures in violation
on the roof of Regency Highland notifying them that they are put "on
notice" to remove said structures.
The Town has received a letter from Coronado {Trafalgar Developers)
stating their intent to proceed with a subcontractor to install
screening for their parking garage. Attorney Sliney stated that he
will contact Attorney Moss to obtain more information.
Attorney Sliney's office is looking into the legal aspects of water
control and has drafted a memorandum to be submitted soon.
Attorney Sliney will have more information regarding the new sattelite
case very soon.
Attorney Sliney has replied to Greeley & Hanson, as the Town Commission
had directed, regarding their latest report but has not received a
reply yet.
Attorney Sliney has sent a reply to Mr. Latz (Drexel)--a copy was given
to the Town Commission.
i
MINUTES of Town Commission Workshop Meeting
Highland Beach, Florida
December 18, 1984
REPORTS - TOWN MANAGER:
Page 8 of 8
Acting Town Manager Mary Ann Whaley reported that a letter has been
received, dated December 17, 1984, from Dr. Richard Orman stating that
he would like to present the new purchaser's (Mr. Whitley) one-tower
plan for the former Milani property to the Town Commission. This item
will be discussed at the Regular Meeting on January 3, 1985.
No information has yet been received regarding last weeks C. D. C.
Meeting (at which the Town was not represented).
Commissioner Stewart stated that there were some wrong dates on a
memorandum received from the Planning Board regarding the Hoffman RPUD.
Attorney Sliney will review the matter. This item will be discussed
further at the Workshop Meeting on January 29, 1985.
There being no further business to discuss, the Workshop Meeting of the
Town Commission was adjourned at 4 p.m.
APPROVED: ,
Lo s
Orton
~~-
Vice Mayor'Mary Louise G. Blosser
om i John J. B sso
Commissioner William E. Paul
ATTEST: Co lssioner Betty Jean Stewart
T CLER
Date : 3 ~~`-~5