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1983.06.14_TC_Minutes_Special • . "~--~` TOWN OF HIGHLAND BEACH, FLORIDA TOWN COMMISSION SPECIAL MEETING • June 14, 1983 1:30 P.M. Mayor Horton called the Special Meeting to order at 1:30 p.m. Those in attendance were: Louis Y. Horton, Mayor; Mary Louise G. Blosser, Vice Mayor; and Commissioners William E. Paul and Harry Walker. Commissioner Betty Jean Stewart was absent. Also in attendance were Elaine W. Roberts, Town Manager; Tom Sliney, Town Attorney and Mary Ann 4~haley, Town Clerk. Before starting the agenda, Mayor Horton gave the floor to Mrs. Doris Rome of Ambassador's East. Mrs. Rome complained about tree toppings which had been left opposite the vacant lot on AlA. Mayor Horton advised that the Asplund Company was in the process of topping off trees which interfered with electrical wires through Town and that a letter had already been written requesting the removal of the debris. Mrs. Roberts reported that according to preliminary figures released from the County Property Appraiser's Office as pub- lised in the Sun-Sentinel on June 11, Highland Beach's taxable property would amount to $420,000,000.00 for 1983/84 versus the $342,800,000.00 for 1982/83. Mrs. Roberts stated that firm figures would not be available until approximately July 1, 1983. The Commission agreed that these preliminary figures were not firm enough to base any budgetary decisions on and would wait for the July 1 figure. Mrs. Roberts reported that Hap Crowell's father had called her with a request that Hap be allowed to organize CPR classes at Town Hall for Highland Beach residents and possibly Highland Beach employees as an Eagle Scout project. Tom Sliney advised that he saw no problem with letting Hap use the Town Hall for such purpose and the Commission agreed. Mrs. Roberts was authorized to contact Hap and advise him that this request had been approved. Mrs. Roberts further reported that she had received a telephone call from a Scout Troop requesting to clean the beach as a troop project. After discussion and advise from Tom Sliney, it was the feeling of the Commission that the public part of the beach can be cleaned by anyone who desired to without permission from the Commission, and that Mrs. Roberts should advise the troop so. Town of Highland Beach Town Commission Special Meeting June 14, 1983 Page 2 of 7 Mrs. Roberts was also asked to advise the troop that if they intended to clean private beaches, they should get the permission of the individua 1 owners . Under Agenda Item (1), Review of all Town Boards, discussion was held with specific emphasis being placed on the Housing Board of Adjustment and Appeals. It was noted that this Board had never had a case to be heard since its establishment. It was noted by both Tom Sliney and Mrs. Roberts that this Board had been established in accordance with a Florida Statute as a means of appeal regarding the Standard Housing Code. Mayor Horton felt that the people on this Board might better serve the Town on another more active Board rather than waste their talent and expertise on this Board. Mrs. Roberts recommended that the Commission act as the Housing Board of Adjustments and Appeals for the Town, in the event a case needed to be heard. Tom Sliney was requested to see whether or not this Board could be abolished, and if so, if the Town Commission could aet as the Housing Board of Adjustments and • Appeals for the Town. Mr. Sliney advised that he would report his findings to the Commission at the Workshop Meeting to be held on June 28. The other Boards of the Town were then discussed with the Commission feeling that they were just "rubber stamping" the recommended appointments. It was the consensus of the Commission that they should be the first point of contact after the Town Manager, prior to the Boards reviewing applicants. Then the individual Boards could review the applications, with the Town Commission being the final point of contact and appointment. Also discussed was the automatic appointment of alternates into vacancies, the possible limitation of one person per condo on any Board, and the interpretation of excused absences versus unexcused absences regarding Board attendance. At this point, Mrs. Roberts read Ordinance No. 376, which reads: "Appointed members of all of the Town's Boards (either in existence now or established in the future) may miss no more than two consecutive Regular Meetings. Absence from three consecutive Regular Meetings will be considered as resignation subject to • automatic acceptance." I Town of Highland Beach. • Town Commission Special Meeting June 14, 1983 Page 3 of `l A specific case discussed regarding the three absences section of the Code involved Dr. Linn of the Planning Board, who, through illness, had missed six months of meetings. Mrs. Roberts reported that Dr. Linn was in a nursing home, ar~d the prognosis for recovery was not good. It was further indicated that for morale purposes, Mr. Snider, a neighbor and friend of Dr. Linn, was requesting that the Commission retain him on the Planning Commission. After further discussion, it was the consensus of the Commission that Mrs. Roberts should contact Mrs. Linn and let her know that the Town would have to drop Dr. Linn from the Planning Commission, but they would re-consider him for the Planning Commission upon his recovery. Compensation for the Health Officer was then discussed by the Commission. Although the Health Officer was not requesting • compensation, Mrs. Roberts was instructed to contact him and determine whether he would accept compensation by project or otherwise. Mrs. Roberts will check on this and advise the Commission . It was also noted that Commissioner Stewart, who was absent from this meeting, was interested in compensation for the Greening Committee and other committees not receiving re- muneration. Mayor Horton indicated and the Commission agreed that these were volunteer committees and in most cases not even appointed by the Town Commission and should not expect to receive any compensation. Under Agenda Item (2), Proposed Ordinance regulating news racks, Tom Sliney had submitted several model "News Rack" Ordinances fm m the Town of Palm Beach and City of Boca Raton for review by the Commission. Mr. Sliney requested that the Commission go through these Ordinances to see what specific provisions they might want or not want in a Highland Beach Ordinance. The Commission's first inclination was to ban the placing of the racks altogether, however, Tom Sliney indicated that this would be contrary to the First Amendment, could restrict the rights of the press and that this might make the Town liable to suit by the newspapers. Mr. Sliney indicated that the Town could pass a rather restrictive Ordinance which would give the Town :. Town of H ighland Beach Town Commission • Special Meeting June 14, 1983 Page 4 of an argument in court that they were not banning the distribution of newspapers from news racks. Mayor Horton and the Commission were very concerned with the appearance of the racks and their view from AlA. It was determined that it would not be objectionable for individual condominiums to have the racks placed in their garages for their residents. The Commission agreed that the best place for the racks would be in the southwest corner of the Town Hall property. This would be in compliance with the First Amendment, and the residents would be advised of the location by newsletter, thereby not inviting transient travellers to the racks. The Commission was in agreement that the racks should be restricted as to appearance, numbers of racks in one place, prohibited within the view of AlA, and not allowed in zoning classifications below RMM. Doris Rome of the Community Appearance Board appealed to the • Commission not to allow the racks at all, however, agreed that to safeguard the First Amendment, racks should be allowed behind Town Hall. Former Commissioner John Basso stated that he felt they should be banned altogether, and stated that something should be done immediately as this matter had been pending for several months. Tom Sliney was requested to draw a proposed Ordinance incorpor- ating the provisions as expressed by the Commission for submission at the Workshop Meeting to be held on June 28, 1983. Agenda Item (3), Proposed Ordinance regulating amplified sounds, was then discussed. It was noted that this Ordinance had received a first reading in April, was published, and then held up for further study due to a rumor that Holiday Inn was planning to have a steel drum band outside each day during cocktail hour. There was also a question as to where to measure decibel levels. Mayor Horton indicated that he felt they should be measured from the property line so that individuals are not annoying their neighbors. Mrs. Roberts indicated that what was needed was an Ordinance to control amplified sounds which are used on a continual basis as occasional infractions could be handled under the nuisance Ordinance. • It was the consensus of the Town Commission to table the matter for now. I Town of Highland Beach • Town Commission Special Meeting June 14, 1983 Page 5 of `~ Agenda Item (4), Consideration of request rectarding former Massengill-Moore_Lots_ 16-17, Highland Beach Isles, was then up for consideration. Mr. Butler, attorney for the owner had been advised that the matter was on the agenda, but had not yet arrived. Agenda Item (5), Highlands Place request to appear before the Moratorium Variance Appeals Board, was then discussed. Both Mrs. Roberts and Mr. Sliney agreed that all requirements had been met by Highlands Place, including the posting of a $500.00 fee, to be heard before the Moratorium Variance Appeals Board. After discussion, and at the recommendation of Mrs. Roberts, the Town Commission decided upon a meeting of the Moratorium Variance Appeals Board for 2:00 p.m., June 28, 1983. At this point in the Meeting, Mrs. Roberts advised the Commission that she had called a public hearing for June 28, • 1983 at 1:00 p.m. for the purpose of consideration of requests regarding the 1983/84 General Revenue Sharing Entitlement Funds. (Approximately $10,000.00) Mr. Butler, attorney for the owner of the property which is the subject of Agenda Item (4), having arrived, then appeared before the Commission apologizing for his lateness. Mayor Horton asked Mr. Butler why the agreement had not been complied with and. the C/O not picked up. Mr. Butler stated that a Mr. Novelli had been involved in theregotiations on the property and had held up the closing of the deal, but Mr. Novelli was no longer involved in the property and no further problems were forseen in the com- pletion of the project as originally approved. Mr. Butler requested that they be given a reasonable extension of time to complete the project. Mr. Marino, owner, indicated that he felt it would take between 90-120 days to complete the project. The Commission was concerned with any interior structural changes and the placing of landscaping in compliance with the original plans. It was also noted that although the original plans had indicated the placement of a swimming pool, this had been filled in in the present plan. Mr. Marino indicated his desire to go back to the original plan and provide for a swimming pool. There was • also a question about the replacement of already approved shrubbery. Mrs. Roberts indicated that it might be necessary for the owner c Town of Highland Beach Town Commission Special Meeting June 14, 1983 Page 6 of to go back before the Community Appearance Board for approval of any substantial changes. It was also determined that the present owner had not purchased an adjacent lot which was part of a Unity of Title provision in the agreement which could only be abandoned by Commission action. Tom Sliney recommended that the Tovn refrain from any action at the present time preserving their right to impose the fine provided for in the agreement to see whether Mr. Marino showed good faith in the timely completion of the project. The Town could suspend the i mposition of the fine until evidence was had that Mr. Marino was rot making an adequate effort to complete the project. Mr. Marino agreed to this and further indicated his desire to complete the project as he was planning to reside there along with three of his partners. Mrs. Roberts recommended that although she was sorry that Mr. • Marino had all these problems, the Town did have an agreement which had not been adhered to and felt that the owner should be fined for each and every day not in compliance with the agreement, which funds would be kept in an escrow account and reimbursible upon completion of the project in a specified time to be set by the Commission. Commissioner Paul, speaking as a resident of the area, stated that it was frustrating to the residents of Russell Drive to have a project to the north of them and a project to the south of them not being completed in a timely manner, and that the residents on that block would appreciate tangible evidence of progress being made in this particular project. Tom Sliney indicated that due to the fact that he was not satisfied as to the title, and wanted more information in that respect, as well as the violation of the agreement and its Unity of Title provision, he requested that the Commission take no action until the Workshop Meeting on June 28, 1983 when he would have a further recommendation to make. Tom Sliney indicated to both Mr. Butler and Mr. Marino that the Town did have a right to impose a fine from the date of non-compliance with the agreement and did not waive that right S in any respect. Mr. Sliney further indicated to Mr. Butler and c: Town of Highland Beach Town Commission Special Meeting June 14, 1983 Page 7 of 7 Mr. Marino that this fine would be imposed from June 8 should nothing else be worked out regarding this ma tter. After proper motion and second, the meeting was adjou ned at 3:55 p.m. APPROVED: Mayor L 's Y. Horton Vice Mayor Mary ouise G. Blosser /~~~. ~~ Commissioner William E. Paul . (absent) Commissio er Betty Jean Stewart Commissioner Harry Walker ATTEST: Town Cl rk ~S 3 ate •