1986.05.06_TC_Minutes_Regular
TOWN OF HIGHLAND BEACH, FLORIDA
. Minutes of Meeting of Town Commission
REGULAR MEETING
Tuesday, May 6, 1986 1.30 P M
The Regular Meeting of the Town Commission was called to order by Vice
Mayor Mary Louise G. Blosser in the Town Commission Chambers at Town
Hall. Town Commission Members John J. Basso, William A. Grier and
Betty Jean Stewart were also present. It was noted that Mayor Edward
J. Sullivan was attending another meeting and would arrive as soon as
possible.
Also present were Town Attorney Thomas E. Sliney; Town Manager Hugh D.
Williams; Town Clerk Mary Ann Mariano; various members of the general
public.
The Pledge of Allegiance to .the Flag was given.
APPROVAL OF MINUTES:
The followi ng Minutes were submitted for consideration:
March 21, 1986 - Special Meeting re CDC and CDM
March 25, 1986 - Workshop Meeting
April
• 1, 1986 - Regular Meeting
Upon MOTION of COMMISSIONER STEWART/COMMISSIONER BASSO, the Minutes
were approved as published.
PUBLIC COMMENTS AND REQUESTS:
Mrs. Anna Harbin, President of the Bel Lido Homeowner's Association,
and Mr. Michael Dent spoke to_the Town Commission regarding a letter
received from an attorney due to the trimming of bushes at the
Masciarella property. It was determined that these bushes were on
private property, and that the Town was not involved in this matter.
Mr. John O'Grady addressed the Town Commission regarding the proposed
ordinance to license hotels and motels and the requirements for notify-
ing affected property owners. Mr. O'Grady was advised by the Town
Attorney that all such prerequisites required by law had been followed.
Mr. Doug Long of Ocean Beach Maintenance requested approval to use the
Teron property for access to the beach for purposes of beach cleaning.
Mr. Long indicated that he had a contract with the Coronado Beach Club
for beach cleaning services. Mr. Long noted that he had received a
verbal approval from Mr. Schmidt with Teron for the use of the access,
and was asked to produce a written approval. Concern was expressed
that Teron's property would not be adequate access to the Coronado
Beach Club. More information will be obtained on this request prior to
any action being taken.
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Town Commission Regular Meeting
May 6, 1986
Page 2 of 8
REPORTS - TOWN COMMISSION:
Mayor Edward J. Sullivan - Not yet arrived at meeting.
Vice Mayor Mary Louise G. Blosser - No report.
Commissioner John J. Basso - No report.
Commissioner William A. Grier - No report.
Commissioner Betty Jean Stewart
Commissioner Stewart and the Town Commission clarified that with regard
to the earlier request of Mr. Long for a beach cleaning permit, that no
permit was to be issued prior to further consideration of this matter.
Commissioner Stewart reported on the April 14, 1986 meeting of the Palm ~
Beach Countywide Beaches and Shores Council noting that the coastal
elements of the Comprehensive Plan were being reviewed by the State.
Also on the agenda was the request for approval of the Holiday Inn
Seawall, earlier reviewed and approved by the Town. Commissioner ~;
Stewart noted that an amended plan replacing the sea oats with sod had
been submitted to the Beaches and Shores Council, however, was rejected
in favor of the plan that the Town and the DNR had earlier approved.
The Palm Beach County Soil and Water Conservation District was consid-
ered for membership and approved, with no voting status.
Commissioner Stewart reported that Mr. Eric Olsen discussed the changes
to the Coastal Management Act.
Commissioner Stewart reported that the next meeting of the Palm Beach
County Beaches and Shores Council would be held on May 12, 1986. /.-
Commissioner Grier requested clarification from the Town Commission r e-
garding the request of the Town's Retirement Board to have the Finan-
cial Advisory Board recommend on the investment of retirement funds. ~~
Although the request was made by the Retirement Board, the Town
Commission had not taken any action on the request, being the body to ,°~,
which the Financial Advisory Board answers. MOTION was made by ?~
COMMISSIONER STEWART/COMMISSIONER BASSO that the Financial Advisory ~~C
Board review and recommend the investment matters of the Retirement r
Board. This MOTION carried unanimously.
Town Commission Regular Meeting
May 6, 1986
Page 3 of 8
REPORTS - TOWN ATTORNEY:
Attorney Sliney reported on the proposed Interlocal Agreement between
the Town of Highland Beach and the City of Boca Raton for public safety
communications service. It was noted that the City of Boca Raton,
subsequent to the Town's approval of the Agreement, added paragraphs 10
and 11 dealing with insurance requirements and indemnification. Also,
the Town's requested amendment to paragraph 4 regarding the number of
radios to be purchased had not been incorporated into the Agreement.
Mr. Williams noted that the Town's present insurance coverage would
suffice for the requirements of the Interlocal Agreement. Mr. Williams
will get a written verification of this fact. Attorney Sliney will
work with the attorney for Boca Raton in an effort to eliminate the
paragraph dealing with indemnification or amend it to hold the Town
harmless of any acts Boca Raton might be responsible for. The Town
Commission requested that the Chief of Police give a written
recommendation regarding the number of radios to be purchased through
Boca Raton's bidding process. This matter will again be addressed at a
Special Meeting to be held on Monday, May 19, 1986 at 1:30 p.m.
Attorney Sliney reported on the recent litigation involving Broadview
Savings and Loan (Hoffman property) relating to the dredge and fill
permits. It was noted that the Town had retained Gee and Jensen to ,-',--
assist in determining whether the applicant was entitled to the fill ,.--;
and dredge permits. Also the Highland Beach water lines and culberts
should be considered.
Attorney Sliney reported that he is still reviewing the Colman proposal
and will submit a definitive response, as soon as possible. It was 4,
noted that the Planning Board would be reviewing this matter prior to ~~-'.
the Town Commission becoming involved with it. ~'~
. ,~.
Mayor Sullivan arrived during the Town Attorney's report.
REPORTS - TOWN MANAGER:
Mr. Williams reported that the installation of the new roof on the
administration building at Town Hall was 90~ complete, and anticipated
completion by the end of this week.
With regard to the repair of a police vehicle engine, the Town Manager
reported that the cost to the Town was $190.00 for the replacement of a
$1,800.00 engine.
With regard to the damaged Intracoastal Water line which had been re-
cently repaired, a second leak had been discovered landward of the
Intracoastal. This will be discussed at the May Workshop Meeting with
a recommendation forthcoming from the Town Manager.
With regard to the previously approved catch basins at the north and
south drives to the Town Hall Complex, which cannot be constructed due
to other pipes in the ground, options will be recommended. Also, it
Town Commission Regular Meeting
May 6, 1986
a Page 4 of 8
was noted that a valve would need to be installed from the water tower
to the main water line at an early date.
It was noted that a proposal had been received from Green Giant for the
provision of trees with regard to the Greening of AlA project. Mr.
Williams reported that the Greening Committee had reduced the number of
trees to be purchased and had reduced the proposal to under $6,000.00.
A memorandum from Frank Savino was cited recommending approval of the ~~~;
Green Giant proposal. MOTION was made by COMMISSIONER BASSO/ ._
COMMISSIONER STEWART that the proposal of Green Giant be approved
in an amount not to exceed the funds available. This MOTION carried
unanimously. ___~
Mr. Williams reported on the excessive water pumpage figures due to the
recent dry weather. If the dry weather continues, conservation options
will be studied.
With regard to recommendations submitted to the Town Commission from
the Financial Advisory Board concerning fee vs. tax, water fees and the
Town's Organizational Chart, this matter will be taken up at the
Special Meeting to be held on May 19, 1986 at 1:30 p.m. The matter of
• the proposed Interlocal Agreement with Boca Raton regarding public
safety communications will also be re-addressed at this time.
Mr. Williams reported that with regard to the proposal of Gee and
Jensen to assist the Town with regard to the pending Hoffman/Boca Hi
projects, John Toshner's fee would be $75.00 per hour, the engineer to
do the environmental v~alk-through would be $38.00 per hour and the
senior engineer to do the permitting study would be $67.00 per hour,
with the time estimates as those submitted in a previous memorandum ~=`'~'
dated April 15,1986. MOTION was made by COMMISSIONER STEWART/VICE
MAYOR BLOSSER to retain the firm of Gee and Jensen, specifically John
Toshner, as well as an environmental engineer and permitting specialist'
at the prices and times quoted by the Town Manager. This MOTION
carried unanimously. ~.
REPORTS - BOARDS AND COMMITTEES:
a) Board of Adjustment - Will not meet this month.
b) Code Enforcement Board - Will meet 5/21/86 at 9:30 a.m.
c) Community Appearance Board - Will meet 5/29/86 at 9:30 a.m.
d) Financial Advisory Board - Will meet on 5/5/86 and 5/19/86
at 10:00 a.m.
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Town Commission Regular Meeting
May 6, 1986
. Page 5 of 8
MOTION was made by COMMISIONER GRIER/COMMISSIONER BASSO to re-appoint
Financial Advisory Board Member Ben Cohen to a three year term as a
Regular Member. This MOTION carried unanimously.
e) Library Board - Will hold General Meeting on 5/16/86 at
9:30 a .m.
f) Planning Board/Local Planning Agency - Will meet 5/14/86 at
9:30 a.m.
g) Police Advisory Board - Will meet 5/19/86 at 10:00 a.m.
Police Advisory Board Member Albert Bevilacqua was present representing
that Board, reiterating their recommendation to appoint Charles
Buccario to the existing Alternate Member vacancy. Mr. Bevilacqua also
discussed a previous request to have more distinct house numbers placed
on the single family homes in Town, as well as a request for a water
cooler in the Police Station. With regard to the request for a water
cooler, Mr. Bevilacqua was advised that the matter had been referred to
the FAB and recommended that the Police Department request funding for
the next budget year, at which time the matter would be re-evaluated.
Another matter briefly discussed was a request to replace the gas tank
i which had been removed at the Town garage. Mr. Williams noted that
there were EPA regulations being looked into prior to any further
recommendations being made on this matter.
Commissioner Stewart then made a request to Mr. Bevilacqua that the
Police Advisory Board post an Agenda on the bulletin board in Town Hall
like the other Boards listing the subjects for discussion at their
meetings. Mr. Bevilacqua will transmit this request to the Police
Advisory Board.
Mr. Williams stated that there was information on the clipboard relat-
ing to a hearing of the Area Planning Congress to be held on Monday
night, May 12, 1986, relating to the task force report.
PROPOSED ORDINANCES AND RESOLUTIONS:
1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING THE CABLE TELEVISION FRANCHISE TO INCREASE
THE FRANCHISE PAYMENTS PAYABLE BY THE HOLDER OF THE `~~
FRANCHISE TO THE TOWN OF HIGHLAND BEACH.
(1st Reading 4/1/86-Published 4/18/86)
There was a consensus to refer this matter to the Financial Advisory
Board. Mr. Williams was also directed to obtain further information,
i.e., number of subscribers and percentage rates in other surrounding
. municipalities. Commissioner Basso also recommended that the plans for
the proposed expansion of the Centel facilities be obtained for purpose
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Town Commission Regular Meeting
May 6, 1986
Page 6 of 8
of re-evaluating the rental now charged. MOTION was then made by
COMMISSIONER STEWART/COMMISSIONER BASSO to defer this matter until the
May Workshop. Commissioner Grier noted that the Financial Advisory.
Board was meeting on May 19 and possibly could take it up, however,
they already had a full agenda. The previous MOTION was then amended
to defer the matter until a recommendation is received from the Finan- ~
cial Advisory Board. This MOTION carried unanimously. - ~
2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
PROHIBITING THE CONSUMPTION AND POSSESSION OF ALCOHOLIC
BEVERAGES IN OR ON AUTOMOBILES.
This proposed Ordinance was given first reading and referred to the May
Workshop for discussion. Commissioner Grier expressed his view that
such ordinance was not necessary inasmuch as Palm Beach County had al-
ready enacted same.
3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
PROVIDING FOR THE LICENSING OF HOTELS AND MOTELS.
I~
U
This proposed Ordinance was given first reading and referred to the May
Workshop for discussion.
Mayor Edward J. Sullivan then gave his report, noting the recent
Municipal League Meeting he had attended.
Mayor Sullivan cited a Sun-Sentinel poll which indicated that 5P1~ of
the population in Palm Beach County felt that the water is not adequate
and should be improved.
Mayor Sullivan noted a proposed bill for a 1$ increase in State sales
tax specifically to provide more jails.
The Mayor noted that an organization in Boston was providing an expert
on energy conservation to municipalities at no charge.
Mayor Sullivan noted the proposed legislative bills noted in the recent
Legislative Bulletin received by the Town, including a bill to amend
the present homestead exemption laws.
REGULAR BUSINESS:
Items Left Over -
1. Discussion re Bel Lido Bridge-wing walls.
•
The Town Manager will gather and distribute proposed specifications for
bids to be advertised for the repair of the Bel Lido Bridge wing walls.
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Town Commission Regular Meeting
May 6, 1986
Page 7 of 8
These proposed specifications will be discussed at the May Workshop
Meeting, with regard to compliance with the competitive bidding
procedures as promulgated by the State, etc.
2. Discussion re contingent approval of Frederick, Baker, Brandt
and Marcy Seawall.
It was noted that this request was for a Letter of No Objection to be ~`
sent to the Department of Natural Resources, with any actual plans re- .=;
quiring a review and further approval of the Town Commission. MOTION ~~
was made by COMMISSIONER STEWART/MICE MAYOR BLOSSER that a Letter of No~~'~`
Objection be forwarded to the DNR regarding this seawall, noting the
Town's concern for any damage to existing mangroves. This MOTION
carried unanimously. --~
Commissioner Stewart then addressed the issue of liability with regard
to the turtle program, citing the fact that private property owners may
in fact be liable for any occurences on their property, with regard to
this program. Commissioner Stewart noted that she was not objecting to
the turtle program, however, wanted this matter reviewed to make it a
safer program for all concerned. Mr. Williams noted that he had dis-
cussed the matter with Mr. Echeverria, who indicated that the DNR has
recognized that a liability problem exists. The Town Attorney will re-
search this matter in an effort to determine what State laws relate to
the program and report back to the Town Commission.
Vice Mayor Blosser requested the Town Manager to look into any fees
which might be collectible from AT&T, MCI, etc. for use of lines within
the Town of Highland Beach.
BILLS FOR APPROVAL:
The following bills were submitted for consideration:
Air Compressor Works, Inc. $ 1,318.80
Board of County Commissioners - Fire Rescue #6 23,360.54
#7 4,057.10
#8 16,158.57
City of Delray Beach Sewer-March 9,110.48
Edwards Electric Corp. 553.95
Municipal Code Corp. 1,201.08
NCNB National Bank 54,320.00
Sun Bank 24,566.69
TOTAL ........................... $134,647.21
C~
Town Commission Regular Meeting
May 6, 1986
Page 8 of 8
There being no further business to come before the Town Commission at
this time, the meeting was adjourned at 4:PJ5 p.m.
APPROVED:
ATTEST:
.._...-
OW CL K ~f
DATE: ~j-~~! _~f~,
ward J. Su~/IJiVan, Mayor
Mary ~ouise G. Blosser, Vice Mayor
J J. a so, Comm' sinner
William A. Gri r, ommissioner
-~-1~~
Bet y Jean Stewart, Commissioner