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1986.12.02_TC_Minutes_Regular TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, December 2, 1986 1.30 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 Town Commissioners John J. Basso, William A. Grier and Betty Jean Stewart. Also present were Town Attorney Thomas E. Sliney, Town Manager Hugh D. Williams, Building Official Bruce Sutherland, Town Clerk Mary Ann Mariano and members of the general public. After roll call, the Pledge of Allegiance to the Flag was given. Approval of Minutes: October 28, 1986 - Workshop Meeting October 28, 1986 - Public Hearing/Special Meeting November 5, 1986 - Regular Meeting Upon MOTION by Vice Mayor Blosser/Commissioner Grier the minutes as submitted were approved. This MOTION carried unanimously with favorable votes. • Public Comments and Requests: Mr. Futernick, resident of the Coronado reiterated his request that the Town Commission consider the purchase of a desalinization plant to ,~'``, improve the quality of the water in lieu of purchasing additional wellfield property. Mr. Futernick was advised that Camp, Dresser & McKee, the Town's Engineers, were studying the feasibility of a desali- nization plant, the findings of which report will be made available to the Town as soon as possible. REPORTS - TOWN COMMISSION: Mayor Edward J. Sullivan - Mayor Sullivan reported on an upcoming Cooperative Workshop being held between the County Commission and municipalities on 12/10/86. Mayor Sullivan also noted a Municipal Loan Program cited in this month's edition of the Florida League of Cities Bulletin. Vice Mayor Mary Louise G. Blosser - No report. Commissioner John J. Basso - Commissioner Basso deferred his comments until the News Rack Ordinance was discussed. Town Commission Regular Meeting December 2, 1986 Page 2 of 10 Commissioner William A. Grier - -_ Commissioner Grier noted that he was disturbed to hear about the recent drowning at the Holiday Inn beach. Mayor Sullivan noted that the ~'` medical report indicated that the victim had died of cardiac arrest ~`::~ while in the water. Commissioner Grier also noted his concern over the .<t° disturbing effect that a quote in the Sun Sentinel, made by the Town rf, t' Manager, had on some residents. Commissioner Betty Jean Stewart - Commissioner Stewart cited an October 29, 1986 memorandum from Chief Cecere involving a request for an ordinance to require appropriate house numbers being made visible. The Town Attorney was directed to prepare a proposed draft ordinance regarding this matter for the 12/30/86 Workshop Meeting. Commissioner Stewart requested that the Sea Turtle Protection Ordinance, which is on the clipboard, be placed on the 12/30/86 Workshop Meeting Agenda for consideration. Commissioner Stewart requested that at the appropriate time in the meeting, a Resolution to formally adopt the Sewer and Water Enterprise Budgets be considered. Prior to the reports of the Town Attorney and Town Manager, the matter of an update from Camp, Dresser & McKee, the Town Engineers, was held at this time. Present, representing CDM, were Gary Whit, Senior Hydrologist in the Water Resources Department, as well as Chuck Moore, Modelling Expert. Mr. Whit indicated to the Town Commission that drawings and specifica- tions for the installation of the interim wells, as well as specifica- tions for the proposed cluster wells had been submitted to the Town Manager for his review. After substantial discussion, it was determined that appropriate action had been taken to authorize the bidding and ad- vertising of these wells, at a previous Town Commission Meeting. With regard to .the cluster wells, Mr. Williams indicated that although the cluster well was being required as a part of the South Florida Water Management District Permit, the United States Geological Survey had indicated that there might be a possibility that these wells were not needed. Mr. Williams recommended that the Town look further into this information prior to authorizing the installation of the cluster wells with a view toward re-approaching South Florida Water Management District with this information and possibly eliminating the need for the wells. There was a information discuss the the cluster future. ,~: ,, :_ general concurrence among the Town Commission that the should be brought together and an informal meeting held to findings prior to the authorization of the installation of r; wells. This meeting will be scheduled sometime in the near J Town Commission Regular Meeting December 2, 1986 Page 3 of 10 Mayor Sullivan requested information regarding "unaccounted for water losses" which were referred to in one of the water reports. Mr. Whit explained that this loss was the difference between the amount of finish water produced by the plant and the amount of water being billed out by the City. It was noted that this discrepancy could be due to leaky pipes, testing fire hydrants, etc. It was also noted that the "unaccounted for water losses" were being monitored and well within the acceptable range. Mr. Whit responded to the Mayor's question as to whether there was any deficiency in the Town's system by stating that the water losses were normal however should be researched as a part of the water limiting use program. Returning to discussion regarding the cluster wells, Mr. Whit cited a proposal for engineering services with regard to these cluster wells in the amount of $11,850. recently submitted to the Town. Mr. Whit indicated that he felt further discussion regarding the cluster wells should be deferred until such proposal is accepted by the Town, however, due to the previous consensus to discuss the necessity of the cluster wells, this matter was deferred until further information is received. Mr. Whit did indicate that the advertising and receipt of the bids on both the interim well and the cluster wells would not be affected by the Town's deference of the cluster well matter, however the awarding of the bids might be held up depending on how long the discussion between the • Town, USGS and CDM takes to resolve the matter. Camp, Dresser & McKee's submission Phase 1 and Phase 2 of feasibility additional wellfields was deferred inasmuch as the Town Commission had proposal. of an additional proposal regarding of acquisition of property for to the Workshop Meeting of 12/30/86 not had ample time to review this REPORTS -.TOWN ATTORNEY: ,' ~. °"~~.. ,. Due to time restraints, the previously scheduled 12/15/86 Public Hearing ~ to review proposed changes to the Comprehensive Plan was rescheduled for Nil 12 17 86 at 5:01 ~' / p.m. A Workshop to review the proposed changes will commence at 4:00 p.m. on that same day. - _ J With regard to a proposed Building Moratorium Ordinance, the Town d11 Attorney advised the Town Commission that such ordinance be reviewed by the Planning Board in compliance with applicable State Laws. MOTION was s~"°' made by Vice Mayor Blosser/Commissioner Stewart to direct the Planning _, ~,:~ Board to hold a Public Hearing as soon as possible on this matter and ~~ submit their recommendations to the Town Commission for further action. This MOTION carried unanimously with favorable votes. With regard to the Broadview matter, Attorney Sliney noted that in ~'t~ compliance with the recent court order, the Town needed to authorize ~~' • execution of the Broadview Agreement with regard to Phase 1 only. The~~~.~,, Town Commission Regular Meeting December 2, 1986 age 4 of 10 next step would be for Broadview to submit an original 'letter of credit' to the Town along with their appropriate fee to the Building Department. With regard to the 'letter of credit', and answering Commissioner Stewart's question, Attorney Sliney noted that reference to a Town Engineer, at this point, would refer to Camp, Dresser & McKee as they are presently the Town's Engineers. Further, with regard to the irrevocable 'letter of credit', Vice Mayor Blosser questioned whether ~l, the paragraph reading "drafts must be draw and negotiated not later than August 25, 1987. Maturity will be automatically extended if the dredging is not complete by August 25, 1987." was open-ended and should be tightened up. Attorney Sliney noted that this paragraph was intentionally drawn this way in order to automatically extend the 'letter of credit' to benefit the Town should permitting for the dredging be extended for any reason. Attorney Sliney also noted that if the State revoked anything in the way of permits on this project, that the Town would not be liable due to their execution of this agreement or acceptance of this 'letter of credit'. MOTION was made by Commissioner Grier/Commissioner Basso to authorize the Mayor to execute the agreement between the Town of Highland Beach and Broadview Savings & Loan as to Phase 1 only. Vice Mayor Blosser voted no. The Mayor and the remainder of the Town Commission voted 'aye' with the MOTION carrying four to one. , With regard to the second Hoffman law suit requesting injunctive relief, • the Town's insurance carrier has accepted defense of this action. Attorney Sliney will serve as co-counsel on this matter along with George Roberts, Attorney for the Town's insurance carrier. ~~' REPORTS - TOWN MANAGER: Jack Lee, Public Utilities Director, was present and submitted correspondence from the Florida Water and Pollution Control Operators Association to the Mayor. The Mayor read the correspondence which included an 'honorable mention' to the Town of Highland Beach for the quality of its' water by this association. With regard to a pending agreement with the Clarendon for the installation of a communications antenna, Mr. Williams reported that this matter was under review by the condominium attorney who anticipated no problems, after which the agreement would be submitted to the Town for final authorization. This matter will be scheduled for the 12/30/86 Workshop Meeting Agenda. With regard to an application to the Department of Community Affairs for a planning grant in relation to the upcoming overall Comprehensive Plan Review, MOTION was made by Vice Mayor Blosser/Commissioner Stewart to authorize the Mayor to execute such application for filing with the Department of Community Affairs. Mr. Williams then noted the upcoming Palm Beach County Municipal Association Meeting to be held in Belle Glade on Friday, December 12. Mr. Williams requested that any Commissioners who were interested in • attending this meeting, please let him know soon. Town Commission Regular Meeting December 2, 1986 age 5 of 10 Mr. Williams then passed around an authorization letter to close several accounts at NCNB noting that the only account which would be kept active at that bank would be the excise tax account. It was noted that the County Fire Department no longer inspections on new construction, and that Tony Abbate, Inspector, would be attending a seminar on December 11 his knowledge in this area. With regard to this matter, Mr. Williams was requested receiving those inspection reports already done by the Fire Rescue Department on condominiums in Town. does fire Building and 12 to update"~ '~ `~',~ ~~ ~~* to follow up on Palm Beach County ', _~ With regard to the Boca Hi Sales Office, a memorandum from Bruce Sutherland, Building Official, was cited. It was noted that the building is not a traditional sales office as it is made of bricks and mortar. The purpose for which the building was constructed, which is original sales, has been completed and therefore any further use is illegal at this time. Although this building had originally been permitted as a temporary structure, the Town Code calls for a valid building permit prior to any sales office permit being issued. Inas- much as there was a consensus of the Town Commission that this was an attractive building, and there will possibly be active building permits in the future, the Town Commission directed that this matter be handled on a six month interval basis, with the Town Commission keeping jurisdiction over its renewals. Also, the Building Official was directed to write a letter to Boca Highland, Incorporated stating that although the building is allowed to stand, it is not under a legal permit and can not be occupied until such time as a valid building permit exists. Further,. Boca Highland will be advised that maintenance and upkeep on this sales office will be required. _r' REPORTS - BOARDS AND COMMITTEES: The upcoming meeting dates of all the Boards and Committees were published. With regard to the Code Enforcement Board, MOTION was made by Commissioner Basso/Commissioner Stewart to reappoint Theodore Boepple to a three year term. This MOTION carried unanimously with favorable votes. PROPOSED RESOLUTIONS AND ORDINANCES: 1. A RESOLUTION ESTABLISHING A SER~TICE FEE FOR RETURNED ~~%¢f CHECKS, DRAFTS, OR OTHER ORDERS FOR PAYMENT OF MONEY TO THE TOWN OF HIGHLAND BEACH, FLORIDA. '~' ~; `X. This Resolution was read by Attorney Sliney, after which MOTION was made Town Commission Regular Meeting December 2, 1986 age 6 of 10 by Commissioner Stewart/Commissioner Basso to adopt the Resolution. j This MOTION carried unanimously with favorable votes. _--f 2. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, STRONGLY URGING THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY TO MAKE A DECISION WITH REGARD TO PLACEMENT OF THE PROPOSED SOUTH COUNTY FACILITY FOR SOLID WASTE DISPOSAL EXPEDITIOUSLY AND TO COMMIT TO RESOLVING THE SOLID WASTE DISPOSAL PROBLEM OF PALM BEACH COUNTX IN ORDER TO PREVENT ESCA- LATION OF SIGNIFICANT DETRIMENTAL ENVIRONMENTAL IMPACTS; REQUESTING OTHER MUNICIPALITIES IN PALM BEACH COUNTY, FLORIDA, TO ADOPT SIMILAR RESOLUTIONS; AUTHORIZING THE TOWN CLERK TO FURNISH COPIES OF THIS RESOLUTION TO THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY AND TO ALL OTHER MUNICIPALITIES IN PALM BEACH COUNTY; PRO- VIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. This Resolution was read by Mayor Sullivan and Attorney Sliney, after which MOTION was made by Commissioner Basso/Vice Mayor Blosser to adopt the Resolution. Commissioner Grier voted no to the Resolution, feeling the action was superfluous to other County action which had been taken. The Mayor and the remainder of the Town Commission voted 'aye', with the ~OTION carrying four to one. 3. 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; PRO- VIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR SEVERA- BILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EF- FECTIVE DATE. {1st Reading 10/7/86 - Published 10/17/86) Revisions to the above proposed Ordinance had been distributed by Commissioner Stewart. Commissioner Basso also stated that he felt this Ordinance should be gone into in more detail, and therefore this matter was deferred to the 12/30/86 Workshop Meeting. 4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR UTILITY RATES, FEES, AND/OR CHARGES, SPECIFICALLY AMENDING HIGHLAND BEACH CODE SEC. 29-10, RELATING TO CHARGES FOR WATER SERVICE, SEC. 22-2 RELAT- ING TO SEWER SERVICE CHARGES, AND SEC. 11-13 RELATING TO GARBAGE AND TRASH CHARGES. (1st Reading 11/5/86 - Published 11/14/86} After an amendment being made on page 2 to allow trash service charges in direct relation to tipping fees be amended from time to time by resolution, this proposed Ordinance was read in its entirety by the Town Commission Regular Meeting December 2, 1986 ~ge 7 of 1~1 Town Attorney. MOTION was made by Commissioner Basso/Commissioner Stewart to adopt the Ordinance as read. Upon roll call vote, all members of the Town Commission voted 'aye' with the MOTION carrying unanimously. 5. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR THE REVISION OF THE CODE ENFORCEMENT BOARD ORDINANCE IN CONFORMANCE WITH FLORIDA LAW. This proposed Ordinance was given first reading and deferred to the 12/30/86 Workshop Meetinct for discussion. 6. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING ORDINANCE N0. 528, WHICH APPROPRIATED FUNDS FOR FISCAL YEAR 1985/86, WHICH BEGAN OCTOBER 1, 1985 AND ENDED ON SEPTEMBER 3f~, 1986. This proposed Ordinance was given first reading and deferred to the 12/30/86 Workshop Meeting for discussion. A Resolution adopting the Water and Sewer Enterprise Budgets, as previously recommended by Commissioner Stewart, was then read by the Town Manager, after which MOTION was made by Commissioner Stewart/ mmissioner Basso to adopt same. This MOTION carried unanimously with ~vorable votes. REGULAR BUSINESS: A) Consent Agenda: Approval of Promotion Criteria for H.B.P.D. and approval of ~. promotion of Sgt. Guthlein to Lieutenant, and Officer '.;.'" Widelitz to Sergeant. Commissioner Grier requested clarification as to the Promotion Criteria requirement listed under number 2 in the Chief's proposal. Item 2 was clarified to read "six years or more Police Experience (2 points) - six ',r~~" years or more Police Experience with Supervision Experience (1 addition- 'i' al point)" Commissioner Stewart also recommended that in the future these requirements be amended to include a health requirement as part of Promotional Criteria. The legality of such requirement was questioned by the Vice Mayor, with Commissioner Basso suggesting that such matters be addressed at the time of hiring. Commissioner Basso requested that the Town Manager find out how Delray and other surrounding areas address this situation. Town Attorney will check to see feasibility of such requirement. MOTION was then made by Vice Mayor Blosser/Commissioner Basso to adopt the Consent Agenda. This MOTION carried unanimously with ~ favorable votes. r-- Town Commission Regular Meeting December 2, 1986 age 8 of 10 B) Items Left Over: 1. Camp, Dresser & McKee representative to discuss update on water projects along with submission of pending proposals. This matter was taken up early in the meeting. 2. Discussion re request for extension of sales trailer permit for Beach Walk West. `_, ~°- Commissioner Stewart noted that on November 7, 1984 the Town Commission ...,~ had granted a Special Exception based on the Planning Board's review of ~' this matter. Although the Planning Board had recommended a six months renewal period, the Town Commission action had not indicated a time ~, limit. It was noted that currently the Town Code does not require Special Exceptions in renewals of sales trailers, and that a limitation of two years was required. As the Town Attorney checked the Code, the Commission went on to item 3. ---'r 3. Discussion with proposed meeting with County Commis- sioner Wilken regarding the Milani Tract. ~ • The Town Manager noted that this meeting was scheduled for Friday, -' December 5, at 2 P.M. Commissioner Basso expressed his concern that the y'.. Town had still not received written confirmation of the meeting from Commissioner Wilken's Office. It was noted that the Town Manager will go in order to keep the Town informed on the County Commission's intent with regard to the Milani Property. It was the feeling of the Town Commission that the Town Attorney would not be needed at this point to attend the meeting. =~~ Reverting back to the Beach Walk West issue, the Town Attorney confirmed the Special Exception requirement had been eliminated. As in the Boca Hi Sales Office matter, the Town Commission requested jurisdiction over- ~' any reviews on this sales trailer. MOTION was made by Commissioner ~_,° Stewart/Commissioner Basso to grant a six month extension of the sales .~F trailer permit, with it being stated on the permit that the property must be maintained properly, and that said trailer was not to be _ occupied until a valid building permit exists. This MOTION carried unanimously with favorable votes. ;_ ~:-; Another sales trailer permit extension request, from Concordia -,~,.*~, Properties, which had been received after the closing of this Regular ~' Meeting Agenda, was then noted. This request regarded property 101 W 1~P-, which had recently been purchased by Mr. Philip Colman. This matter was_~ deferred to the 12/30/86 Workshop Meeting for discussion. 4. Approval of proposed Performance Security Agreement for use by the Community Appearance Board. r r: Town Commission Regular Meeting December 2, 1986 Page 9 of lg The proposed Performance Security Agreement for use by the Community Appearance Board was reviewed. The Town Attorney questioned the validity of the Town retaining any funds over and above those utilized to complete any unfinished work, plus reasonable administrative costs. MOTION was made by Commissioner Basso/Commissioner Stewart to approve the Performance Security Agreement as written, contingent on the Town Attorney's findings on the matter of the forfeited funds. This MOTION carried unanimously with favorable votes. 5. Review of The Bulletin. The matter of The Bulletin was discussed. A paragraph regarding donations to the Greening of A-1-A Committee will be included. At the request of the Town Attorney and in conformance with the Town Commission's Resolution on outreach in Comprehensive Planning Processes, an item regarding the status of upcoming proposed changes to the Comprehensive Plan will be included in The Bulletin. The item on homestead exemption will be excluded from this issue of The Bulletin and included in the January issue which would be more appropriate and timely to the residents according to Commissioner Stewart. There was a consensus that the most pressing matters of interest to the Town were utility rate changes and water system improvements. A clause regarding removal of trash receptacles from curbside within two hours will be eliminated, inasmuch as this is not a code requirement and should not be mandated in The Bulletin. Pursuant to request of Mr. Grier, the sequence of items in The Bulletin will be changed in order to prioritize those items most important to residents. The water system improvements and the utility rate changes will be moved to the front of The Bulletin. Also, the beach warnings will be given early in The Bulletin as will Police Bulletins. Commissioner Basso requested that an item be included asking citizens to brighten up the Town for the Holiday Season. This issue of The Bulletin will be amended and distributed. In the future, The Bulletin will be submitted to the Town Commission along with their Workshop Meeting Agenda in order to give ample time for review and in- put prior to the Workshop Meeting. This will allow for mailing of The Bulletin each month, during the first few days. 6. Appointment of Ranking Committee for upcoming reten tion of consultant re Comprehensive Planning Review. Mayor Sullivan announced that the Ranking Committee would consist Town Manager, the Vice Mayor inasmuch as this involved her area of interest, and the Chairman of the Financial Advisory Board, Reece who had agreed to serve in this capacity. There were no comments this made by the Town Commission. r ~~~~~ ~f the r~ ~;, games, ~n ~~;. Mr. Williams noted that only one bid had been received on the Police Vehicle in accordance with advertised notices. Other proposals were being .solicited, after which Mr. Williams would again approach the Town Commission for further action. Town Commission Regular Meeting December 2, 1986 Page 1~! of 1(~ Bills for Approval - MOTION was made by Commissioner BassojCommissioner Grier to approve the bills as submitted in a total amount of $6,234.11. This MOTION carried unanimously with favorable votes. There being no further business to come before the Town Commission at this time, the meeting was adjourned at 4:1~ P.M. APPROVED: ED WA721y/~'/. S U L L I VA YOR~NSARY LOUISE G. BLOSSER • C~MMI II%ONER JOHN ASSO // ~ .~ -~c COMMISSIONE ILLI M GRIER O COMMI IONER BETTY JEAN STEWART ATTEST: ., f Cl~~~ DATE : L- ~>'O