1986.07.01_TC_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
REGULAR MEETING
Tuesday, July 1, 1986 1:3g P.M.
A Regular Meeting of the Town Commission was called to order by Mayor
Edward J. Sullivan in the Town Commission Chambers at Town Hall. Also
present were Vice Mayor Mary Louise G. Blosser, and Commissioners John
J. Basso and William A. Grier. Commissioner Betty Jean Stewart was
absent.
Also present were Town Attorney Thomas E. Sliney; Town Manager Hugh D.
Williams; Town Clerk Mary Ann Mariano and various members of the gen-
eral public.
After Roll Call, the Pledge of Allegiance to the Flag was given.
APPROVAL OF MINUTES:
MAY 19, 1986 - SPECIAL MEETING
MAY 27, 1986 - WORKSHOP MEETING
JUNE 3, 1986 - REGULAR MEETING
Vice Mayor Blosser indicated that with regard to the Minutes of the
Regular Meeting of June 3, 1986, she had expressed a concern as to the
drainage in addition to the elevation of the electrical equipment at
the Royal Highlands Project. This correction will be made. MOTION
was made by COMMISSIONER BASSO/VICE MAYOR BLOSSER to approve the
Minutes as corrected, which MOTION carried unanimously.
PUBLIC COMMENTS AND REQUESTS:
Mr. Michael Dent addressed the Town Commission and stated that he had
been in contact with the Masciarella attorney and that he felt that
the pending lawsuit between the Bel Lido Homeowners Association and
the Masciarella family could be amicably settled with no involvement
from the Town.
REPORTS - TOWN COMMISSION:
Mayor Edward J. Sullivan -
Mayor Sullivan cited a memorandum from Chief Cecere regarding the pro-
hibition of parking on the Town rights-of-way. Chief Cecere made a
recommendation that signs (6) by purchased to be placed at the
entrances to the Town's streets citing the Town Ordinance which
prohibits parking on the rights-of-way. This matter will be referred
to the Community Appearance Board for their recommendation prior to
Town Commission action.
Vice Mayor Mary Louise G. Blosser - No report.
Town Commission Regular Meeting
July 1, 1986
Page 2 of 6
Commissioner John J. Basso -
Commissioner Basso requested a status report on the matter of speeding
in the Intracoastal Waterway. The Town Manager noted that he would be
attending a meeting tomorrow morning at which both Mr. Pennington,
City Manager of Delray Beach and Mr. Rutherford, City Manager of Boca
Raton would be attending. Mr. Williams noted that he would discuss
the matter of possible cooperative efforts to alleviate the speeding
problem and report back to the Town Commission.
Replying to Commissioner Basso's inquiry about the replacement of the
gas tank behind Town Hall, Mr. Williams stated that three wells were
being drilled to determine any detrimental effects which might have
been caused by the leaking of gas. After this determination is made,
then the Town can consider the next step in the replacement of the
tank. It was noted that this drilling would cost approximately
$3, 0010.00.
Commissioner Basso requested an update as to the Delray Beach/Highland
Beach Sewer Issue. Substantial discussion took place regarding the
interpretation of the Greeley and Hansen report and the amount of
money owed to Delray Beach by Highland Beach. Although the Town was
awaiting a meeting with appropriate officials of Delray Beach to try
to come to a mutual interpretation of the funds due under the Greeley
and Hansen report, MOTION was made by COMMISSIONER BASSO/VICE MAYOR
BLOSSER that the Town compute the amount of funds owed to Delray Beach
and make payment of that amount to the extent of availability of funds
including 5 1/4% interest, with an appropriate letter of transmittal.
This MOTION carried unanimously.
Commissioner William A. Grier
Commissioner Grier expressed concern regarding the budget, stating
that the Town should begin work on it. Mr. Williams noted that the
Financial Advisory Board would be supplied with the budget at their
July 14 meeting. Concern was expressed that due to the illness and
unavailability of some of the FAB members, there might be delays. It
was the consensus of the Town Commission, that advise could be given
by as few as two FAB members, and further, that the budget was
actually the document of the Town Manager with final adoption by the
Town Commission. Although the Town is appreciative of the study and
recommendations made by the FAB, the process should not be held up.
An overview of the theories included in the budget will be given to
the Town Commission by the Town Manager within several days. The Town
Manager will recommend tentative setting of the milage up to the five
mil cap allowed by law. A Special Edition of The Bulletin will be
sent out to advise residents that although the taxes will be raised,
the method of charging for water and the elimination of separate
Town Commission Regular Meeting
• July 1, 1986
Page 3 of 6
billings for sewer and garbage would be forthcoming resulting in a
possible savings for residents overall. Also, the residents will be
advised of the planned transition of water treatment in the Special
Edition of The Bulletin.
With regard to the re-location of several of the trees planted by the
Greening of AlA Committee, Mr. Williams reported that the landscapers
had been notified and re-location was being scheduled.
REPORTS - TOWN ATTORNEY:
With regard to the Hoffman/Broadview Savings and Loan lawsuit,
Attorney Sliney reported that a proposed Joint Stipulation had been
drawn for discussion as proposed by the Town Commission at the June
20, 1986 Special Meeting. ~
Mr. Williams noted a letter dated July 1, 1986 from Camp Dresser and
McKee, the Town's engineers, stating that the Town should require
adequate protection with regard to the water line crossing the Intra-
coastal Waterway. This letter was read into the record and is there-
fore attached hereto and made a part of these Minutes. Each
• recommendation of the CDM letter was discussed, with Alan Ciklin, ~~~`
Attorney for Broadview Savings and Loan stating that Mr. Hoffman would
agree to all the conditions as set forth. It was then noted that with~'~s;:~=-
respect to a bond being provided to the Town as suggested by the ~j
engineers, the amount could be worked out by the engineers. It was `~_
the consensus of the Town Commission to attach the CDM letter to the
Joint Stipulation as a condition to be met prior to the issuance of
any dredge and fill permit. Concern was expressed as to how the
applicants would comply with the requirement of providing a
contingency plan if the water main is damaged. Ken Slinkman, Attorney
for Mr. Hoffman, as well as Mr. Hoffman himself, assured that a con-
tingency plan acceptable to the Town would be provided.
Replying to Vice Mayor Blosser's inquiry, Mr. Slinkman estimated that
the entire dredge and fill process would take one year.
Attorney Sliney and Attorney Ciklin will revise the proposed Joint
Stipulation to make all of the concerns pre-conditions to the issuance
of any permit, which redraft will be the subject of a Special Meeting
held on Monday, July 7, 1986 at 9:30 a.m. This meeting was set in
order to try to negotiate a settlement of this matter prior to a court
date set for July 8, 1986, which both attorneys felt could not be
cancelled to a later date.
Commissioner Basso further expressed his desire to have appropriate
documentation as to the authority by which the attorneys were signing
the Stipulation on behalf of their clients.
u
Town Commission Regular Meeting
July 1, 1986
Page 4 of 6
Mr. Sutherland, Building Official read the language of both the DER
and Army Corps of Engineers permits which related to the creation of a
boat basin and expressed his concern regarding the issuance of any
permits on this project. The Vice Mayor noted that should the Town
Commission take any action on this matter, that the Building Official
be relieved of any responsibility on the issuance of the permit.
Attorney Sliney reiterated that the Town was taking the option of
giving a permit for the dredging and filling of the site, but not
allowing any further work which would be in conflict with Chapter
15 1/2 of the Town Code.
Attorney Slinkman stated that he did not construe any action regarding
this matter to be authorization for any additional work other than
dredge and fill and that any further work would require additional
Town Commissin consideration and action, and further felt that this
matter was being entered into in good faith by all parties.
Commissioner Basso further requested a clause in the Joint Stipulation
regarding the shoring or retention materials to be used to save the
shore as the project was undertaken.
Mr. Hoffman stated for the record at this point that Ken Slinkman, his
attorney was authorized to sign any document on his behalf. Attorney
Cikiin assured the Town Commission that he too was authorized by his
client, Broadview Savings and Loan Association to sign any document,
but would provide a letter stating same.
Attorney Sliney indicated that the Town Commission would be provided
with a copy of the redrafted Joint Stipulation by Thursday for review
for the Monday Special Meetinq.
A five Minute recess was taken at this point in the meeting.
REPORTS - BOARDS AND COMMITTEES:
The Town Manager requested that the matter of reviewing the plans for
the re-nourishment of the beach at the Royal Highlands site be placed ~'.,~
on the July 29, 1986 Workshop Meeting Agenda. `""~
REPORTS - TOWN MANAGER:
The meeting dates of the various Boards and Committees were published.
With regard to the Planning Board, MOTION was made by COMMISSIONER
BASSO/VICE MAYOR BLOSSER to re-appoint Chris Bartlett as an Alternate
Member for a term of one year. This MOTION carried unanimously.
MOTION was then made by COMMISSIONER BASSO/COMMISSIONER GRIER to
Town Commission Regular Meeting
• July 1, 1986
Page 5 of 6
re-appoint Doris Rome as a Regular Member for a term of three years.
This MOTION also carried unanimously.
PROPOSED ORDINANCED AND RESOLUTIONS:
1. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA
REQUESTING JUSTICE FROM THE PALM BEACH COUNTY COMMISSION
WHEN AND IF THE RECOMMENDATIONS OF THE ROAD PATROL STUDY
COMMITTEE ARE INSTITUTED.
It was noted in discussion that this Resolution was a show of support
along with other municipalities that the concept of "dual taxation" in
the provision of police services is opposed. Commissioner Grier did
point out that the Town has used the services of the Sheriff's Depart-
ment, citing the near drowning at Ambassadors East. Attorney Sliney
noted that arguments regarding the "dual taxation" issue were pending
throughout the State of Florida. This Resolution was read by the
Mayor, after which MOTION was made by COMMISSIONER BASSO/COMMISSIONER
GRIER to adopt same. This MOTION carried unanimously.
REGULAR BUSINESS:
A) CONSENT AGENDA -
-Authorization for study and report from Camp Dresser and
McKee for submission to DER in re transition to ammonia-
. based water treatment.
Mr. Williams noted that although the proposal from Camp Dreser & McKee
regarding this matter had been expected, it had been delayed. A
proposal regarding the engineering costs, preparation of bid documents
and on-site inspection as well as the DER applications will be
submitted in time for consideration at the Special Meeting scheduled
for Monday, July 7, 1986.
Further, a meeting regarding options on expanding the quantity of
water will be scheduled upon the return of Commissioner Stewart. Mr.
Williams noted that he would be recommending an increase in connection
fees from the present rate of $70fd.00 to an increased rate of
$2,00PJ.0f~. Commissioner Basso noted that Boca Raton's water rates
were far less expensive than those in Highland Beach and recommended
that a study be made to determine the feasiblity for arranging service
through the City of Boca Raton.
B) ITEMS LEFT OVER ---
-Pending request re Hoffman Property (dredge and fill permit)
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This matter was taken up earlier in the meeting under the Town
• Attorney's report.
Town Commission Regular Meeting
July 1, 1986
Page 6 of 6
C) BILLS FOR APPROVAL
U
The following Bills were submitted for approval:
All-Rite Paving, Inc.
City of Boca Raton
City of Boca Raton
Dilworth, Paxson et al
Gee & Jenson
Green Giant Landscaping
TOTAL ........................
$ 2,025.00
7,250.00
23,961.50
29,943.33
1, 797.07
7,980.00
$ 72,956.90
MOTION was made by COMMISSIONER BASSO/VICE MAYOR BLOSSER to approve
the Bills as submitted, which MOTION carried unanimously.
There being no further business, the meeting was erly adjourned at
3:55 p.m.
APPROVED:
Edward J. livan, Mayor
Mary Louise G. Blosser, Vice Mayor
n J. B o, missioner
~.
William A. Grie , Commissioner
Betty Jean Stewart, Commissioner
ATTEST:
T N C ERK
DATE : ~- ~ -~
\J
~yR~CEIYED! JUl_ 1 986
CDM CAMP DRESSER & McKEE IIVC.
environmental engineers, scientists, Post Office Box 9626
planners, & management consultants 2001 Northwest 62nd Street
Fort Lauderdale, Florida 33310
305 776.1731
July 1, 1986
HAND DELIVERED
Mr. Hugh D. Williams
Town Manager
Town of Highland Beach
3614 South Ocean Bo uv el and
Highland Beach, Florida 33431
RE: Hidden Harbor Dredge and Fill Permits
Dear Mr. Williams:
In response to your letter of June 23, 1986 regarding the above
referenced developer project we offer the following comments:
o The drawings prepared by Darby and Way, Inc. show a two foot
clear space of undisturbed soil above the water main which
would provide a marginal protective cover. Current
permitting experiences show that a three foot cover is
preferred by the U. S. Army Corps of Engineering for the
protection of water mains.
• o The elevations for the canal crossings were obtained from
two sets of as-built drawings one thirteen years old and one
thirty-five years old. A verification of these elevations
should be performed prior to construction.
o Construction plan, procedures and time table for
construction should be prepared for review by the Town.
o A contingency plan should be prepared in the event that the
water main is damaged as this is the Town's only connection
to its water treatment plant.
o Bond should be obtained to cover the cost of replacement and
any other damages incurred by the contractor.
If you should have any questions, please contact our office.
Very truly yours,
CAMP DRESSER & McKEE INC.
`Ju•le'~ J. Ameno, Jr. P.E.
JJAjr/mmt
• File: 6635-09-RT-HH
cc: D. G. Munksgaard