1986.10.07_TC_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
REGULAR MEETING
Tuesday, October 7, 1986 1:30 P.M.
A Regular Meeting of the Town Commission was called to order by Town
Commissioner Betty Jean Stewart in the Town Commission Chambers at Town
Hall. Others in attendance were Commissioners John J. Basso and
William A. Grier. Mayor Edward J. Sullivan and Vice Mayor Mary Louise
G. Blosser were absent.
Others in attendance were Town Attorney Thomas E. Sliney; Town Manager
Hugh D. Williams; Town Clerk Mary Ann Mariano; Building Official Bruce
Sutherland and members of the general public.
The Pledge of Allegiance to the Flag was given.
Approval of Minutes:
August 26, 1986 - Workshop Meeting
August 27, 1986 - Workshop re Budget
August 29, 1986 - Recessed Workshop re Budget
August 29, 1986 - Public Hearing re Budget
September 5, 1986 - Recessed Workshop re Budget
September 5, 1986 - Regular Meeting
Upon MOTION of COMMISSIONER BASSO/COMMISSIONER GRIER the Minutes were
approved as published.
Public Comments and Requests:
Mr. Michael Dent expressed his dissatisfaction in the Town's elimina-
tion of the funding for maintenance of the Bel Lido entrance, as well
as his dissatisfaction in the handling of other administrative affairs
by the Town Manager.
REPORTS - TOWN COMMISSION:
Mayor Edward J. Sullivan - Absent
Vice Mayor Mary Louise G. Blosser - Absent
Commissioner John J. Basso - No report
Commissioner William A. Grier -
Commissioner Grier requested an update regarding the fire hydrant loca-
tor reflectors. The Town Manager stated that these would be ordered
and installed at an early date.
Commissioner Grier recommended that Sections 29-10, 22-2 and 11-13 of
the Town Code be reviewed for updating to current fees charged for
water, sewer and sanitation. This matter will be placed on the October
. Workshop Meeting Agenda, at which time the Town Attorney will submit
proposed ordinances.
Town Commission Regular Meeting
October 7, 1986
Page 2 of 7
• Commissioner Betty Jean Stewart -
Commissioner Stewart reported that the Town of Juno Beach had adopted a
Resolution similar to one adopted by the Town of Highland Beach, oppos-
ing the offshore disposal of beach-quality sand by the Army Corps of
Engineers.
Commissioner Stewart requested that the Town Manager give a report at '~:
the October Workshop Meeting as to the status of an August 28, 1986 ~"~% `"
letter request to Mr. Seagrave of Highlands Place regarding sand pre- ~-t-
viously stored on the Royal Highlands site. -'-
Commissioner Stewart noted that this was "Fire Prevention Week" and
felt that this was an appropriate time for the Town Manager to request
copies of the reports which had been made by the Palm Beach County
Fire/Rescue Department in their inspection of Town condominiums. The
Town Manager will request the reports and have them available for the
Town Commission to review.
Commissioner Stewart cited a Miami Herald article which stated that the
Town of Highland Beach exceeded any other municipality in reducing tax
millage with an 1984 millage of 3.24, 1985 millage of 3.36 and a 1986
millage of 2.84.
• REPORTS - TOWN ATTORNEY:
The Town Attorney reported on the proposed Agreement between the Town
and Paul Hoffman and Broadview Savings regarding a pending request for
a permit to dredge the Hoffman site and create a spoil containment
area. Attorney Sliney noted that he would be meeting with Brian Taub,
Attorney for Broadview Savings and Loan, tomorrow to work out details
on getting the Agreement executed. Attorney Sliney noted that the
requested Letter of Credit in the amount of $250~,0Pl0 to cover any
possible damage to the Town's Intracoastal waterline would be forth-
coming from Hidden Harbor Joint Venture through Broadview Savings and
Loan. Broad i
v ew will b
e re uest d
e to submi
t th i
q e r latest financial
statement in order to determine the stability of that company and that
they are not under the supervision of the federal government at this
point. The Agreement will be amended to correct the DER permit number
to read 5g-31527, as well as to include the plan number of 8g-362,
citing that it consists of three pages. It was the consensus of the
Town Commission that with these changes, the Agreement as proposed was
satisfactory. ~
Regarding the research done on the streets and rights-of-way in Bel
Lido, Attorney Sliney reported that according to the plat, the streets
had been dedicated to the use of the public, providing the Town with an
easement for the use of the streets. However, title to the property
Town Commission Regular Meeting
. October 7, 1986
Page 3 of 7
under the street to the centerline remained with the respective prop-
erty owners. With regard to the trees located on the rights-of-way
between the paved street and the property lines, it was the opinion of
the Town Attorney that maintenance and liability for damage was the
responsibility of the individual property owners. With regard to the
paved portion of the roadway, inasmuch as the Town has utilized this
dedication for use as a street, any damage, i.e., potholes would be the
responsibility of the Town. Attorney Sliney noted that normally, upon
dedication of any streets, the Town would formally accept maintenance
in a formal action and he would check into. this matter. Commissioner
Grier recommended that the Town check with its insurance carrier to
determine their position on this matter. It was noted that any main-
tenance which had been done in the past with regard to trees located on
the rights-of-way had been done as a matter of accommodation and not
because it was the Town's responsibility. Attorney Sliney was request-
ed to submit his opinion on this matter to the Town in writing.
With regard to a Performance Bond form agreement to be used by the
Community Appearance Board to receive funds assuring compliance with
directives, such pro-posed form will be distributed among the Town
Commission by the Town Attorney and discussed at the October Workshop
• Meeting.
Attorney Sliney noted that a letter regarding the Town not accepting ~ ''
any conceptual review applications on properties affected by "zoning in `'>_
progress" had been delivered to Bruce Sutherland, Building Official.
Commissioner Stewart noted that such letter had been properly posted at ~' ~~~
Town Hall for public inspection.
Attorney Sliney noted that the final report from Gee and Jensen regard-
ing the Hoffman, Boca Highland and adjacent properties was received and
distributed appropriately. Further, this will be the subject of a
Planning Board meeting to be held tomorrow, Wednedsay, October 8, 1986. r,'
Attorney Sliney noted that research was continuing on the Byrd Beach raw;.'
lots relating to existing Unities of Title, etc. He will supply a memo '"~,
on this.
At the request of Commissioner Stewart, Attorney Sliney will research
the present performance bond which had been posted by Casuarina now
that this project was in non-compliance with the directives of the "",~
Community Appearance Board. A July 3, 1986 letter to Mr. Digby Bridges
was cited which the Town Attorney will review.
REPORTS - TOWN MANAGER:
The Town Manager requested that the Resolution regarding the institu-
• tion of penalties for delinquent water, sewer and sanitation payments
be removed from the Agenda inasmuch as there were already code sections
which dealt with these matters.
Town Commission Regular Meeting
• October 7, 1986
Page 4 of 7
The matters of police vehicles, police promotions and a request for
consideration of a pay differential for a "police investigator" will be
taken up at the October Workshop Meeting when a full Commission is pre-
sent. Commissioner Grier requested that the Chief of Police be present
at that time. Lowell Blum, Chairman of the Police Advisory Board was
present and noted that the Town Manager's recommendation regarding the
purchase of police vehicles from State Purchasing was not feasible due
to constraints in service, trade-in allowances, etc. The Town Manager
was requested to gather additional information regarding these matters
prior to the October Workshop Meeting.
REPORTS - BOARDS AND COMMITTEES:
Commissioner Stewart noted the upcoming meeting dates of the various
Town Boards.
With regard to the Police Advisory Board, Lowell Blum, Chairman was
present and made a report. Mr. Blum stated that it was the recommenda-
tion of the Police Advisory Board that Sgt. Guthlein be promoted to the
vacant Lieutenant slot, and that Officer Widelitz be promoted to the
Sergeant position. Mr. Blum also stated that the Police Department was
losing its younger officers due to a lack of benefits available else-
where and recommended that the Town consider providing dependent health
care for the employees of the Police Department. Mr. Blum was advised
that the Financial Advisory Board will be reviewing the Town employee
benefits and should address any recommendations to the Financial
Advisory Board in writing, also requested a change in policy
regarding second jobs.
Mr. Blum also stated that an Alternate Member vacancy still existed on
the Police Advisory Board.
With regard to the Planning Board, MOTION was made by COMMISSIONER
GRIER/COMMISSIONER BASSO to re-appoint Mr. Abraham Futernick as an
Alternate Member for a term of one year. This MOTION carried unani-
mously.
PROPOSED RESOLUTIONS AND ORDINANCES:
1. A RESOLUTION IMPLEMENTING A 1f~$ PENALTY ON ALL UNPAID
INVOICES ISSUED BY THE TOWN OF HIGHLAND BEACH AFTER
20 DAYS PAST DUE.
The Town Manager again noted his request that this item be removed from
the Agenda as there are existing Code Sections dealing with this item.
Attorney Sliney stated that he had researched Boca Raton's policy which
included a hearing process through the Finance Department and Finance
• Director. Commissioner Grier stated his concern for those residents who
might be in Canada and not receive ample notification of discontinuance
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Town Commission Regular Meeting
October 7, 1986
Page 5 of 7
of service. Commissioner Stewart pointed out that the Code would allow
60 days as written, and further, a certified letter was required to be
sent, which would assure notification. It was the consensus that this
matter be tabled and the present code provisions enforced.
2. A RESOLUTION ADOPTING A PUBLIC PARTICIPATION POLICX
PURSUANT TO DEPARTMENT OF COMMUNITY AFFAIRS RULE 9J-5.004.
This proposed Resolution was discussed with several amendments being
made, including a provision for the public posting on affected proper-
ties of zoning review, which sign will not exceed 3 square feet. This
provision will be added as Section 4 (D).
Commissioner Stewart noted her concern that Section 4(A) as written was
too confining to the Town. This Section was amended to refer to
"specially designated meetings relating to proposed comprehensive plan,-`,
changes", and further amended to refer to the presiding officer rathe~_._
than "the Mayor".
C J ,
With regard to Section 4 (C) , the term "Mayor's Newsletter" was replaced`='"~:.~.
with the term "Town's Bulletin".
At the recommendation of Commissioner Grier, the last sentence of Sec-
tion 3 was amended to use the term "and" in lieu of the words "and/or"
• to provide that each designated meeting be advertised in a newspaper of
general circulation.
This Resolution was read by Attorney Sliney, after which MOTION was
made by COMMISSIONER BASSOfCOMMISSIONER GRIER to adopt the Resolution
as amended. This MOTION carried unanimously.
3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PRO- --a
VIDING FOR THE PROTECTION OF HISTORIC TREES PLANTED PURSUANTt
TO THE HIGHLAND BEACH GREENING OF AlA PROGRAM.
This proposed Ordinance was given first reading by Commissioner Stewart
by title only and moved to the October Workshop Meeting at which time
it will be discussed.
4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA:
ADOPTING A NEW ORDINANCE REGULATING THE PLACEMENT OF
NEWS RACKS WITHIN THE TOWN OF HIGHLAND BEACH; PROVIDING
FOR CERTAIN PROHIBITIONS; PROVIDING FOR REGULATIONS;
PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
This proposed Ordinance was given first reading by Commissioner Stewart
ti.
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•
Town Commission Regular Meeting
October 7, 1986
Page 6 of 7
and moved to the October Workshop Meeting at which time discussion will
take place.
5. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
PROVIDING FOR REGULATION OF HELICOPTERS WITHIN OR OVER
THE TOWN. (1st reading 8/5/86-Published 8/15/86)
This proposed ordinance was amended to provide that liability insurance
in the amount of $10,000,P100 would be provided by any helicopter com-
panies operating in Town. This proposed ordinance was then read in
its entirety by Attorney Sliney, after which MOTION was made by
COMMISSIONER BASSO/COMMISSIONER CRIER to adopt same. Upon roll call
vote, this MOTION carried unanimously.
6. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING CHAPTER 7, SECTION 7-1.1 ENTITLED "AMENDMENTS
TO STANDARD BUILDING CODE" TO ADOPT THE 1985 EDITION OF
THE STANDARD BUILDING CODE. (1st reading 8/5/86-Published
8/15/86)
This Ordinance was read in its entirety by Attorney Sliney after which
MOTION was made by COMMISSIONER BASSO/COMMISSIONER CRIER to adopt same.
• Upon roll call vote, this MOTION carried unanimously.
7. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA
AMENDING CHAPTER 19, ENTITLED "PLUMBING CODE", SECTION
19-1 ENTITLED "STANDARD PLUMBING CODE-ADOPTION", TO
ADOPT THE 1985 EDITION OF THE STANDARD PLUMBING CODE.
(1st reading 8/5/86-Published 8/15/86)
This Ordinance was read in its entirety by Attorney Sliney after which
MOTION was made by COMMISSIONER BASSO/COMMISSIONER CRIER to adopt same.
Upon roll call vote, this MOTION carried unanimously.
8. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING CHAPTER 3, ENTITLED "AIR CONDITIONING CODE",
SECTION 3-1.1 ENTITLED "SAME-AMENDMENTS, DELETIONS
AND ADDITIONS" TO ADOPT THE 1985 EDITION OF THE STANDARD
MECHANICAL CODE. (1st reading 8/5/86-Published 8/15/86)
This Ordinance was read in its entirety by Attorney Sliney after which
MOTION was made by COMMISSIONER BASSO/COMMISSIONER CRIER to adopt same.
Upon roll call vote, this MOTION carried unanimously.
Town Commission Regular Meeting
October 7, 1986
Page 7 of 7
• REGULAR BUSINESS:
Consent Agenda -
1. Approval of Sales Model for Villa Nova
2. Authorization to proceed with bidding on gas tank and -~,
telephone system.
MOTION was made by COMMISSIONER CRIER/COMMISSIONER BASSO to approve the ~~"'
Consent Agenda. This MOTION carried unanimously.
Items Left Over -
1. Discussion re ground rent for Centel Cable Television
This matter was deferred until the October Workshop Meeting at which
time a full Commission should be present.
2. Re-scheduling of November 4, 1986 Regular Meeting due to
General Election.
MOTION was made by COMMISSIONER BASSO/COMMISSIONER CRIER to re-schedule
the November 4, 1986 Regular Meeting to November 5, 1986 at 1:30 p.m.
This MOTION carried unanimously.
Bills for Approval -
The following bills were submitted for approval:
Gee and Jensen $1,653.31
Nagle Pumps, Inc. 881.82
Aamco Transmission 700.00
TOTAL .............. $2,235.13
The Town Manager noted that the first public hearing regarding the
Growth Management Bill would be held in Boca Raton on October 8, 1986.
There being no further business, this m ting adj rn'~,d at 3:25 p.m.
APPROVED:
MAYOR EDWARD SULLIVAN
VICE MAY MA13y, LO SE G. BLOS5ER
IS6:TONER JOHN J. B~,$SO
ATTEST: v
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Q,/~~~ COMMISSIONER WILLIA A. CRIER
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Date : ~ ~~ ~-~ (p COM I5S IONER BETTY JEAN STEWART
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TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
SPECIAL MEETING
PUBLIC HEARING ON BUDGET
Tuesday, September 23, 1986 5:01 P.M.
A Special Meeting and Public Hearing were called to order by Mayor
Edward J. Sullivan at 5:01 p.m. in the Town Commission Chambers at Town
Hall. Also present were Town Commissioners John J. Basso, William A.
Grier and Betty Jean Stewart. Vice Mayor Mary Louise G. Blosser was
absent.
Also present were Town Manager Hugh D. Williams; Finance Director
Rebecca Morse; Town Clerk Mary Ann Mariano; and various members of the
general public.
Although this was a Public Hearing with proper notice to gain input
from the public, there were no persons desiring to be heard.
Mr. Williams noted that this Special Meeting was called for the specif-
ic purpose of the adoption of the tax millage ordinance as well as the
ordinance which appropriates funds for the 1986/87 fiscal year,
included on the two summary pages submitted.
Commissioner Stewart noted that the final summary pages as well as the
proposed final line item budget had just been handed out with no time
to determine that all items as agreed by the Town Commission had been
property noted. The Town Manager assured the Town Commission that all
directives as set forth in the various budget workshops had been
properly included in the presented budget package.
Under discussion, it was noted that the Town Commission is anxious to
receive the enterprise budget. Mr. Williams noted that this would be
available prior to the Regular Meeting.
Proposed financial reports were briefly discussed, with the Finance
Director noting that any information that the Town Commission desired
would be put in a proper form for them to review.
MOTION was made by COMMISSIONER STEWART/COMMISSIONER BASSO to repeal a
Motion made at the May 19, 1986 Special Meeting which changed the
method of sewer and sanitation billing from fees to tax. This MOTION
carried unanimously. This action was necessitated from the Town
Commission's decision to continue the sewer and sanitation billing on a
fee basis rather than including it in the taxes.
The following Ordinance which effected a tax levy of 2.8454 mills was
read in its entirety by the Town Manager:
r
Town Commission Special Meeting
September 23, 1986
• Page 2 of 2
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA
TO EFFECT A TAX LEVY BASED UPON THE 1986 TAX ROLL
OF THE TOWN OF HIGHLAND BEACH.
MOTION was made by COMMISSIONER BASSO/COMMISSIONER STEWART to adopt the
ordinance as read. Commissioner Grier commented on the difference in
the actual millage as adopted and the millage estimated to the Tax
Collector and hoped that such amounts would be more closely estimated
in the future, as well as commented on his opposition to the reduction
in salaries in the General Public Buildings and Protective Inspections
Departments. A roll call vote was then taken with the MOTION carrying
unanimously.
The following ordinance appropriating funds for the 1986/87 fiscal year
was then read by the Town Manager in its entirety:
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
APPROPRIATING FUNDS FOR THE FISCAL YEAR 1986-87,
BEGINNING OCTOBER 1, 1986 AND ENDING SEPTEMBER 3f~, 1987.
MOTION was made by COMMISSIONER BA5S0/COMMISSIONER GRIER to adopt the
ordinance. Commissioner Grier recommended that the word "from" be
added between the words "and" and "monies" in the 4th line of Section 3
for clarification. This amendment was agreed to by Commissioner Basso.
A roll call vote was then taken with the MOTION carrying unanimously.
There being no further business at this Special Meeting, it was
adjourned at 5:30 p.m. ~.,`
APPROVED:
ATTEST:
Date /2- ~`O~
MAYOR EDWARD J. S~ TVAN
VICE MA QR.MARY GUISE G. BLOSSER
C~IIS~ONER JOHN J. BA SO
COMMISSIONER WILLIA A. GRIER _
COMM SSIONER BETTY JEAN STEWART