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1983.07.26_TC_Minutes_Workshop_,---.. TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission WORKSHOP MEETING Tues July 26, 1983 1:30 P.M. Mayor Horton called the~Workshop Meeting to order at 2:15 p.m. Those in attendance were Mayor Louis Y. Horton, Vice Mayor Mary Louise G. Blosser, Commissioner William E. Paul, Commissioner Betty Jean Stewart and Commissioner Harry Walker. Also in attendance were: Attorney Thomas E. Sliney, Town Manager Elaine W. Roberts, Police Chief Kenneth Jones, Town Clerk Mary Ann Whaley, citizens and the general public. Due to the fact that there were several representatives from the various local newspapers present, Item 83.2(b), Proposed Ordinance regulating news racks was considered by the Commission first. Representatives from the local newspapers in attendance were: Doug Davis, Boca Raton News, Russ Moore and Joseph Fraiser of the Miami Herald and Bob Vandehort from the Fort Lauderdale News/Sun-Sentinel. Mr. Sliney made an opening statement regarding the uniqueness of the Town being zoned only residential and the prior suggestion of creating a zone fcrr the racks behind Town Hall. Mayor Horton pointed out to the representatived of the newspapers the Town's concern regarding the unsightly conditions of the racks along with the creation of traffic hazards and the detrimental effect to the turf on the rights-of-way wh ere the racks are located. This position was reiterated by Vice Mayor Blosser. CommissionerStewart pointed out that racks on private property, such as in condo garages would not be affected by the ordinance. All representatives of the various newspapers expressed their desire in working with the Town and requested an opportunity to inspect the present locations and conditions of the racks and try to improve them to the Town's satisfaction prior to any ordinance being adopted. Commissioner Stewart pointed out that as a part of the ordinance, the racks would be subject to the approval of the Community Appearance Board. Mayor Horton requested that the newspapers send the Town this suggestion in writing for discussion at the next mee ting, which was acceptable to all concerned. • ~ 4 ~ Town Commission Workshop Meeting July 26, 1983 Page 2 of 8 Public Requests and Comments- Mrs. Doris C~3nova, Mrs. Jane Rayner and Mr. Charles McArthur made comments regarding the Seascape project, expressing the opinion that the Town should not fund same, but acquire funding from the private oceanfront property owners. Earl Totz asked whether the Police Department and the report of the Adhoc Committee was to be discussed today. Mayor Horton advised him that this matter was not on the agenda for discussion today. 83.1 Vacancies on Board Planning Commission has an Alternate #2 vacancy. Also William Wernecke's appointment expires the end of July. • Code Enforcement Board has vacancy for Alternate #2. CAB member, Mr. Arnold has written a letter and has stated that he will be absent for three meetings and would the Commission re-consider their three meeting rule. Mr. Arnold was just appointed too this Board at the July Regular Meeting. Yt was the consens~,as of the Commission to re-consider Mr. Arnold's appointment to this Board upon his return to Town as he had not yet been sworn into office. Commissioner Stewart requested that terms be considered for the Financial Advisory Board and Police Committee in lieu of them serving "indefinite" terms so that all the Town's Boards would have some consistency. A letter from Dr. Tomeski of the Planning Commission was read into the record stating his dissatisfaction with being passed over for appointment as a Regular Member to that Commission after having served his term as an alternate. Mayor Horton will write to Dr. Tomeski and state thattt}~e Commission felt that they appointed two people with out- standing backgrounds. Town Commission Workshop Meeting . July 26, 1983 • Page 3 of 8 Commissioner Stewart requested that guidelines be set as to procedure to be followed prior to any more appointments being made to the various Boards and further requested that her name be left off of the letter kxeing written by Mayor Horton to Dr. Tomeski. The procedure for appointment, along with the various recommendations regarding the application for appointment to a board will be discussed at the August Workshop Meeting. 83.2 Proposed Ordinances and Resolutions- (a) Ordinance delineateing the charge for sales and construction trailers--Chapter 7--(First reading on July 5, 1983)--This matter will be placed on the Regular Meeting agenda for August 2, 1983 for final reading inserting the $100.00 recommended figure (in the blank of the ordinance) for the permit fee. (b) Proposed Ordinance regulating news racks-This matter was discussed previously in the meeting. (c) Proposed Ordinance amending Chapter 2 entitled "Administration", Sections 2-5 and 2-20. - The version of this Ordinance amending both Sections 2-5 and 2-20 will be submitted for first reading at the Regular Meeting of August 2, 1983. (d) Proposed Ordinance to require heat/smoke detectors-This Ordinance will be studied by staff with knowledge of building codes and also by Del Trail and the Fire Marshall who will be invited to discuss the matter with the Commission at the August Workshop Meeting. Town Commission Workshop Meeting • July 26, 1983 Page 4 of 8 (e) Proposed Ordinance amending Code Chapter 134 entitled "Housing" (So. Standard Housing Code)-Attorney Sliney recommended that the Town Commission not appoint them- selves as the Hots ing Board of Adjustment and Appeals as previously requested, as he felt that this should remain a separate standing voard. After discussion, it was the consensus of the Commission that Mr. Sliney draw an Ordinance which would allow the Board of Adjustment to act as the Housing Board of Adjustment and Appeals, tracking the membership terms to those on the Board of Adjustment. (f) Proposed Ordinance regarding Hidden Harbor RPUD- Attorney Sliney indicated that this matter would be -w•----• referred by him' to the Planning Commission prior to .. _ .. being submitted to the Town Commission. • 82.49 Delray Beach/Highland Beach Sewer Issue Status- A hearing on the pending Motions will be held on Friday, July 29, 1983 according to Attorney Sliney. 82.100 Southern Bell Request- Mr. Bill Burson was present repre- senting Southern Bell. The latest version of the ground lease was discussed. Attorney Sliney will redraft the lease calling for an initial term of five (5) years at the rental of $100.00 permonth, with two five (5) year negotiable renewals after that. The new ground lease should become effective immediately upon its execution by the Town. Mr. Burson will see that the Town is provided with a site plan for the proposed use of the property. When the site plan is received and the ground lease redrafted by Town Counsel, the Town Commission will again consider the matter. At Mr. Burson's request, Mr. Sliney will write a letter on behalf of the Town Commission stating the points as discussed by the Town Commission and the approved provisions to be included in the re-draft of the lease. • Town Commission Workshop Meeting • July 26,1983 Page 5 of 8 83.47 Determination for Library Hours- Mrs. Liane Novak, Library Board President was present and indicated that the workload warranted the re-evaluation of Ann Herman's position to full time. She requested that Mrs. Herman be allowed to begin working five days per week on September 6 with the library still being open only four days until October 1 at which time the library would be open five days per week. This matter will be placed on the agenda for the Regular Meeting of August 2, 1983 for approval. Also, in connection with the library, discussion was held regarding the possibility of the library remaining open for hours that would facilitate working people i.e. nights. A question of security arose on this. Mrs. Noval will study this and get back with the Town Commission. • 83.51 Requests from Mr. Colman of Villa Magna- Mr. Colman was present. He requested that he be allowed to retain his Sales Center sign which had been placed in good faith and approved by the Town Building Official. Mr. Coleman cited other signs not in compliance with the Town Regulations i.e. Trafalgar, Ocean Dunes and Boca Hi. Mrs. Leng, Chairman of the CAB was present and indicated that all the CAB was trying to do was be consistent in matters like this. The Town Commission will inspect these other signs and will place this matter on the August 2, 1983 Regular Meeting agenda for a final determination. Mr. Colgan also requested permission to extend a wall between Villa Magna and the Holiday Inn to 6' due to problems with the Holiday Inn and their clientele. Mr. Colman was advised, after substantial discussion, to apply to the Board of Ac~.justment for a determination on this matter. • . + Town Commission • Workshop Meeting July 26, 1983 Page 6 of 8 83.52 Proposal from Peat, Marwick- Proposals from auditing firms were discussed. It was the consensus of the Town Commission that it would benefit the Town to remain with Peat, Marwick at this time. This matter will be placed on the August 2, 1983 Regular Meeting agenda. 83.54 Status of Massenaill-Moore/Butler property- Attorney Charles Butler was present. Mr. Butler submitted a letter of explanation regarding the delays in the project and stated that he was intending to apply for a permit to complete the interiors of the buildings. Mrs. Roberts indicated that a bill had been submitted for the $100 per day penalty as approved by the Town Commission, however, no money had been paid. Mr. Butler stated that this money was in escrow and it was the consensus of the Commission that he be advised of the full amount of the penalty at the time the final C/O is issued with the same being paid then in total. 83.53 Strock Enaineers reaardina info about beach re- nourishment- Mrs. Roberts stated that Mr. Tom Campbell of Strock had been present earlier in the meeting but had to leave and would be happy to return at anytime set by the Town Commission. 83.48 Correspondszce from the Area Plannina Board reaardina 84-88 Transportation Improvement Proaram- Mrs. Roberts indicated that the deadline on responses regarding the above is August 5, 1983. • Town Commission Workshop Meeting • July 26,1983 Page 7 of 8 83.50 Discussion re ardin widening bike path including county portion of $25,000- At the recommendation of Commissioner Stewart, an AdHoc Committee of 2 persons who walk the bike path, 2 persons who ride the bike path and one other person to do a 2 month study on this matter will be appointed and asked to report their findings to the TownCCommission prior to arty action on this matter. Mayor Horton will write a letter to the County requesting that the $25,000 funding to the Town be carried over into the next fiscal year. REPORTS - TOWN MANAGER Mrs. Roberts stated that she had received correspondence from Mr. Slagle and Mr. Dent regarding the Public Safety Department concept of the AdHoc Committee's report . • Mrs. Roberts reported that she had received correspondence from the Department of Labor and Employment Security regarding unemployment benefits being requested by former Town Clerk Bette Barker. Mrs. Roberts stated that this agency has found the Town of Highland Beach liable for benefits between the months of January, when Ms. Barker ceased receiving disability and March, when the Town Commission terminated her, in an amount of $845.00. It was the opinion of both the Town Manager and the Town Attorney that the Town should not be held liable for this amount inasmuch as Ms. Barker was still receiving benefits from the Town up until her termination in March. The Town Commission was in agreement with thi» opinion. At the recommendation of Attorney Sliney, Mayor Horton will write a letter paying this amount under protest and requesting a re-evaluation of the matter by the Department of Labor and Employment Security. Mrs. Roberts reported that the responses involving the Comprehensive Plan had all been answered (Treasure Coast and Water Management District) except the Department of Community Affairs, which the Town Attorney is still working • on. Town Commission • Workshop Meeting July 26, 1983 Page 8 of 8 Mrs. Roberts reported that the Department of Transpor- tation will not allow Beach Walk West to raise the bike path until a determination is made regarding the widening of AlA. All other matters on the Workshop Meeting Agenda were carried over to a recessed meeting to be held on Friday, July 29, 1983 at 2:30 p.m. The meeting was adjourned at 5:35 p.m. APPROVED: Loui Y Horton, Mayor Mary ouise G. Blosser, Vice Mayor • l.- ~ ~ ~i//~~ William E. Paut, Commissioner Betty n Stewart, Commissioner Harry Walk r, ommissioner ATTEST: C TOWN CLE DATE : lQ [.