1983.12.06_TC_Minutes_Regular TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
REGULAR MEETING
Tuesday, December 6, 1983 1.30 P.M.
A Regular Meeting of the Town Commission was called to order by Mayor
Louis Y. Horton in the Town Commission Chambers at 1:40 p.m. Also
present were Vice Mayor Mary Louise G. Blosser, Commissioners
William E. Paul, and Betty Jean Stewart. Commissioner Harry Walker
was absent.
Also present were Town Attorney, Thomas E. Sliney; Town Clerk Mary
Ann Whaley; citizens and the general public. The Town Manager was
absent due to illness.
The Pledge of Allegiance to the Flag was given.
The following minutes were submitted for approval:
October 25, 1983 - Workshop Meeting
November 1, 1983 - Regular Meeting
November 16, 1983 - Special Meeting
November 16, 1983 - Meeting with Commissioner Wilken
November 18, 1983 - Field Trip to Coronado
November 22, 1983 - Special Meeting
November 22, 1983 - Workshop Meeting on Comp Plan
An amendment to the minutes of the Special Meeting held on November 16,
1983 was proposed by Vice Mayor Blosser. MOTION was made by VICE MAYOR
BLOSSER /COMMISSIONER PAUL to approve the minutes as amended. All voted
a ye.
Public Comments and Requests -
Mr. Jerome Milord addressed the Town Commission requesting final approval
on the Camino Cove plat. MOTION was made by COMMISSIONER PAUL /COMMISSIONER
STEWART to approve the plat excepting the 6' wall shown and the pool set
back on Russell Drive, which matters would be resolved later. All voted aye.
Chapter 30, Section 5.11(b) was read in full by Commissioner Stewart with
regard to this project. Sec. 5.3(b) was also cited by Commissioner Stewart
and read in part.
Mr. Doyle Rogers, Attorney representing Beach Walk West addressed the
Town Commission requesting an extension of an expired building permit
on the Beach Walk West project. An extensive presentation was given
Town Commission
December 6, 1983
Regular Meeting Page 2 of 8
by Mr. Rogers. Attorney Sliney will research this matter and
report his findings and recommendations to the Town Commission
at the Workshop Meeting of December 27, 1983.
Mr. Gene Ballard of Peat, Marwick and Mitchell, the Town's Auditors,
presented the completed audit report to the Town Commission, giving
a synopsis of same. Mr. Ballard extended his gratitude to the Town,
especially the Finance Department for their assistance in the prepar-
ation of the audit.
Mr. Leonard Mass, Vice President of Trafalgar Developers addressed
the Town Commission again requesting the issuance of a Final C/O on
the Coronado West Tower project. The status of each of the pending
issues were discussed with MOTION being made by VICE MAYOR BLOSSER/
COMMISSIONER PAUL that the Town Manager be authorized to issue the
Final C/O at her discretion upon all requirements being satisfied.
All voted aye.
REPORTS: TOWN COMMISSION
Mayor Horton :
The Mayor read a Resolution designating Mary Ann Whaley as
Town Clerk having served six months as the Acting TownClerk.
MOTION was made by VICE MAYOR BLOSSER /COMMISSIONER STEWRRT/
COMMISSIONER PAUL that the Resolution be adopted. All voted
aye.
The Mayor gained a consensus of the Town Commission to forward
letters to members of the Environmental Regulatory Commission
and other appropriate agencies in support of the discontinuation
of the prevailing wage provisions (Davis -Bacon Act) regarding
the state sewage treatment grant program.
Mayor Horton advised that the Sewer Issue Ad Hoc Committee
was continuing to solicit bids for engineering firms to
make a recommendation regarding the Delray Beach /Highland
Beach Sewer Issue.
1
Town Commission
December 6, 1983
Regular Meeting Page 3 of 8
Vice Mayor Blosser
The Vice Mayor advised the Town Commission that she had been
in contact with Dr. Tomeski regarding the Ad Hoc Committee
being proposed for the evaluation of Town staff and would
report further at the December 27, 1983 Workshop Meeting.
The Vice Mayor further brought to the attention of the Town
Commission several items regarding finance and meetings being
held as published in the current Datagram.
Commissioner Paul - No report.
Commissioner Stewart -
Commissioner Stewart read a letter from Mrs. Herman Becker commend-
ing the Highland Beach Post Office employees; and reported that
she would be attending a Palm Beach County Commission Meeting
regarding bicycle safety.
Commissioner Walker - Absent
REPORTS: TOWN ATTORNEY
The Town Attorney gave status reports on the Milani and the
Highlands Place matters.
REPORTS: TOWN MANAGER - No report was given as the Town
Manager was absent due to illness.
REPORTS: BOARDS AND COMMITTEES
(a) Board of Adjustment - No Report.
(b) Code Enforcement Board -
MOTION was made by VICE MAYOR BLOSSER /COMMISSIONER PAUL to
accept the resignation of Albert A. Approbato, appoint Ted
Beopple as a Regular Member for a term of three years,
appoint Andrew Bennardo as Alternate #1 for a term of one
year, and re- appoint Robert Scholz as a Regular Member for
a term of three years. All voted aye.
i
Tdwn Commission
December 6, 1983
Regular Meeting Page 4 of 8
(c) Community Appearance Board -
The next meeting of the CAB will be held on December 15,
1983 at 9:30 a.m.
(d) Financial Advisory Board -
It was noted that a Resolution regarding this Board would
be taken up later in the meeting.
(e) Health Officer - No report.
(f) Housing Board of Adjustment and Appeals - No report.
(g) Planning Commission /Local Planning Agency -
MOTION was made by VICE MAYOR BLOSSER /COMMISSIONER PAUL
that the resignation of Dr. Tomeski be accepted. All voted
aye. It was also noted that the Planning Commission was
conducting a public hearing regarding the proposed Moratorium
Ordinance on December 21, 1983 at 9:00 a.m.
(h) Police Committee - Lowell Blum, Chairman, reported.
Further study will be had regarding the issuance of parking
citations in condominium parking lots and the issue of
holiday /sick pay for the Police Department.
It was further noted that a Resolution regarding this
Committee would be taken up later in the meeting.
PROPOSED ORDINANCES AND RESOLUTIONS
(a) PROPOSED 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 -4, ENTITLED
"ISSUANCE OF BUILDING PERMITS; DISSATISFACTION WITH LICENSEE
CONTRACTOR ", TO PROVIDE FOR A TRANSFER OF BUILDING PERMIT
FEE.
N
'i
Town Commission
December 6, 1983
Regular Meeting Page 5 of 8
This Ordinance was read in full by the Town Clerk, after
which MOTION was made by COMMISSIONER PAUL /COMMISSIONER STEWART
that same be adopted. The Town Commission was polled by the
Town Clerk, with all Commissioners voting aye.
(b) PROPOSED 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 ", SUB- SECTION (a) TO PROVIDE
FOR AN INCREASE IN THE SEWER CONNECTION FEE.
This Ordinance was read in full by the Town Clerk, after
which MOTION was made by COMMISSIONER STEWART /VICE MAYOR
BLOSSER that same be adopted. The Town Commission was
polled by the Town Clerk, with all Commissioners voting aye.
(c) PROPOSED 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"
SUB- SECTION (1) TO PROVIDE FOR AN INCREASE IN THE WATER
CONNECTION FEE.
This Ordinance was read in full by the Town Clerk, after
which MOTION was made by COMMISSIONER PAUL/COMMISSIONER
STEWART that same be adopted. The Town Commission was polled
by the Town Clerk, with all Commissioners voting aye.
(d) PROPOSED 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 -6
ENTITLED "RULES OF PROCEDURE ", RULE NO. 1 RELATING TO THE ,
TIME OF WORKSHOP MEETINGS.
This Ordinance was read in full by the Town Clerk, setting
the effective date as January 1, 1984, after which MOTION
was made try VICE MAYOR BLOSSER /COMMISSIONER PAUL to adopt
same. The Town Commission was polled by the Town Clerk,
with all Commissioners voting aye.
(e) PROPOSED ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND
BEACH, CHAPTER 2, ENTITLED "ADMINISTRATION ", ARTICLE V,
ENTITLED "COMMUNITY APPEARANCE BOARD ", SECTION 2 -50 ENTITLED
"CREATION; MEMBERS; TERMS; APPOINTMENTS ", SUB- SECTION (a)
TO PROVIDE FOR A CHANGE IN THE LENGTH OF TERMS OF MEMBERS.
Town Commission
December 6, 1983
Rbgular Meeting Page 6 of 8
L/
This Ordinance was read in full by the Town Clerk, after
which MOTION was made by COMMISSIONER STEWART /COMMISSIONER
PAUL to adopt same. The Town Commission was polled by the
Town Clerk, with all Commissioners voting aye.
The following Ordinance was then given first reading:
A PROPOSED 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 -2, ENTITLED "APPROVAL REQUIRED FOR BULK-
HEADS, SEAWALLS, RETAINING WALLS" BY THE ADDITION OF A
NOTIFICATION PROVISION FOR ABUTTING OWNERS.
This Ordinance will be scheduled for the December 27, 1983
Workshop Meeting.
The following Resolutions were then considered by the Town
Commission:
1) A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
ESTABLISHING A FINANCIAL ADVISORY BOARD, AND HEREBY
REPEALING RESOLUTION NO. 431 AND ALL OTHER RESOLUTIONS
INCONSISTENT HEREWITH.
The Town Clerk read this Resolution after which MOTION
was made by VICE MATOR BLOSSER /COMMISSIONER STEWART that
same be adopted. All voted aye.
It was noted that the appointments under this Resolution
would be discussed at the December 27, 1983 Workshop
meeting.
2) A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
ESTABLISHING A POLICE ADVISORY BOARD, HEREBY ABOLISHING
AND REPEALING RESOLUTION NO. 441 ESTABLISHING THE POLICE
COMMITTEE AND ALL OTHER RESOLUTIONS INCONSISTENT HEREWITH.
The Town Clerk read this Resolution after which MOTION
was made by COMMISSIONER STEWART/VICE MAYOR BLOSSER that
same be adopted. All voted aye.
Town Commission
December 6, 1983
Regular Meeting Page 7 of 8
U
It was noted that the appointments under this Resolution
would be discussed at the December 27, 1983 Workshop
Meeting.
The following items were then considered by the Town Commission
on a Consent Agenda:
1. Amendment to Personnel Rules and Regulations regarding
"No Smoking" provision.
2. Approval of Drexel Management, Inc.'s revised plans.
MOTION was made by VICE MAYOR BLOSSER /COMMISSIONER PAUL
to approve the items on the Consent Agenda. All voted aye.
The only Item Left Over considered by the Town Commission was
a request from Boca Highland for the extension of their Beach
Club Deck. It was noted that concrete staiis existed on the
property, however, were not shown on the plans as submitted to
get additional information regarding the stairs from Clinton
Taylor of the DNR prior to the Town Commission taking any action
on this matter. Mr. Taylor will also be requested to give a
status report on emergency conditions existing at Third Wind.
Commissioner Walker arrived at 4:00 p.m.
The Bills for Approval were then submitted to the Town Commission
for their consideration with MOTION being made by COMMISSIONER WALKER/
MAYOR HORTON to approve same.
There being no further business to come before the Town Commission,
the meeting was adjourned at 4:15 .m.
APPROVED:
Lodi Horton, Mayor
Mary touise d. Blosser, Vice Mayor
Town Commission
'December 6, 1983
Regular Meeting Page 8 of 8
William E. Paul, Commissioner
Bet `y J an / S� ewart, Commissioner
L..
Harry Wa ker, Commissioner
ATTEST:
d
MARS Aft WHALEY `
TOWN CLERK
DATE: - ' Z
RESOLUTION NO.
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH,
FLORIDA, DESIGNATING A QUALIFIED PERSON TO
BE APPOINTED TOWN CLERK AS PROVIDED FOR IN
SECTION 1.06(4) OF THE CHARTER OF THE TOWN OF
HIGHLAND BEACH.
WHEREAS, Mary Ann Whaley was employed as Acting Town
Clerk on June 8, 1983; and
WHEREAS, Mary Ann Whaley has satisfactorily completed
a six month probationary period as Acting Town Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
Mary Ann Whaley be and is hereby designated as Town
Clerk to be effective DecQmber 6, 1983 in compliance with
Section 1.06(4) of the Charter of the Town of Highland Beach.
The above and foregoing Resolution upon MOTIO / N by
�v I ilh and seconded by
was duly approved and adopted at a Regular Meeting of the Town
Commission held on the ��day of 1 ,A.D., 1983,
to become effective on the day of ;A.D., 1963.
Louis Horton, Mayor
. �.,
ATTEST:
(SEAL)
Town Cl k
1
RESOLUTION NO.
I
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH,
FLORIDA, ESTABLISHING A FINANCIAL ADVISORY BOARD,
AND HEREBY REPEALING RESOLUTION NO. 431 AND ALL
OTHER RESOLUTIONS INCONSISTENT HEREWITH.
WHEREAS, the Town of Highland Beach has previously appointed
Financial Advisory Board Members; and
WHEREAS, the Town of Highland Beach deems it desirable to
re- establish the Financial Advisory Board setting out certain
criteria for said Board and setting terms of appointment and
meeting requirements in addition to the duties of said Board; and
WHEREAS, the Town Commission of the Town of Highland Beach
hereby repeals Resolution No. 431 as adopted on May 4, 1982 and
all other Resolutions inconsistent herewith;
NOW, THEREFORE, BE IT RESOLVED by the Town Commission of the
Town of Highland Beach, Florida, that:
Section 1. A Financial Advisory Board is hereby established
+/ consisting of three (3) regular members, plus one (1) alternAe.
The terms of regular members shall be three (3) years, however,
the regular members as appointed under th4s Resolution shall
serve staggered terms as follows: One (1) member shall serve
for three (3) years; One (1) member shall serve for two (2)
years; and One (1) member shall serve for one year. The
alternate member of this Board shall serve for a term of one
(1) year. No member shall serve for more than six (6)
consecutive years. Appointed members may miss no more than
two (2) consecutive regular meetings. Absence from three (3)
consecutive regular meetings will be considered as resignation
subject to automatic acceptance.
Section 2. The Financial Advisory Board shall elect a
Chairman and shall formulate its rules and regulations for
the conduct of its business, which business shall include
the following:
(a) Assist the Town Manager and Finance Department in
preparation of budgets.
(b) Review any and all other financial matters requested
by the Town Commission.
Section 3. The Financial Advisory Board shall meet quarterly,
however, said Board shall meet more often should the conduct
of its business as provided for in Section 2 herein warrant
same.
The above and foregoing Resolution upon motion of�
and seconded by r` 0{ was duly approved
and adopted at a R gular Meeting of the Town Commission held on
the day of 1 'X- &Z. A.D. , 1983.
LOUIS HORTON, MAYOR
ATTEST:
Town Clerk (Seal)
r
i f
RESOLUTION NO.
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH,
FLORIDA, ESTABLISHING A POLICE ADVISORY BOARD,
HEREBY ABOLISHING AND REPEALING RESOLUTION NO.
441 ESTABLISHING THE POLICE COMMITTEE AND ALL
OTHER RESOLUTIONS INCONSISTENT HEREWITH.
WHEREAS, the Town of Highland Beach has previously established
a Police Committee and appointed members thereto; and
WHEREAS, the Town of Highland Beach deems it desirable to
abolish the previously established Police Committee and substitute
in lieu thereof the Police Advisory Board, hereby repealing
Resolution No. 441 and all other Resolutions inconsistent herewith;
and
WHEREAS, Section 112.533, Florida Statutes, requires that
every agency employing law enforcement officers establish and
put into operation a system for the receipt, investigation and
determination of complaints received by such employing agency
from any person; and
WHEREAS, it is deemed desirable that the affairs of the Police
`-� Department be subject to periodic review;
NOW, THEREFORE, BE IT RESOLVED by the Town Commission of
the Town of Highland Beach, Florida, that:
Section 1. A Police Advisory Board is hereby established
consisting of three (3) regular members, plus one (1)
alternate. The terms of regular members shall be three (3)
years, however, the regular members as appointed under this
Resolution shall serve staggered terms as follows: One (1)
member shall serve for three (3) years; one (1) member shall
serve for two (2) years; and one (1) member shall serve for
one (1) year. No member shall serve for more than six (6)
consecutive years. Alternate members shall serve a term of
one (1) year. Appointed members may miss no more than two
(2) consecutive regular meetings. Absence from three (3)
consecutive regular meetings will be considered as resignation
subject to automatic acceptance.
Section 2. The Police Advisory Board shall serve as an
advisory board to the Town Commission and shall meet at the
request of the Town Commission, the Town Manager and /or
the Police Chief, in addition to a regular monthly meeting.
At a regular meeting of the Police Advisory Board, the
members shall appoint one of the Board to serve as Chairman.
Section 3. The Police Advisory Board shall have the
following duties:
(a) The Police Advisory Board shall handle specific assign-
ments from the Town Commission.
(b) The Police Advisory Board shall advise and assist the
Town Manager on complaints received by the Town and on
administrative problems relating to the Police Department.
PAGE 2
RESOLUTIONNO.
(c) The Police Advisory Board shall advise and assist the
Police Chief in matters relating to the Police Department
Budget, to departmental policy, and on discipline and
morale problems in the Police Department.
(d) The Police Advisory Board shall provide a post meeting
report, written or oral, to the Town Commission at the
Town Commission Regular Meeting following the meeting
of the Police Advisory Board.
The above and foregoing Resolution upon otion by C-"k-M
and seconded by was duly
approved and adopted by the Town Commission of the Town of Highland
at a Regular Meeting held on the 6 Ut, _ — day of _f�1� r?I��t�J ,A. D. ,
1983.
LOUIS VHORTON, MAYOR
EST:
Town Clerk (Seal)
i
a