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1985.01.03_TC_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commissio'ri REGULAR MEETING L J Thursday, January 3, 1985 1:30 P. M. The Regular Meeting of the Town Commission was called to order by Mayor Louis Y. Horton at 1:30 in the Commission Chambers of Town Hall. Also present were: Vice Mayor Mary Louise G. Blosser and Commissioners John J. Basso, William E. Paul, and Betty Jean Stewart. Also present were: Town Attorney Thomas E. Sliney, Police Chief William Cecere, Building Official Bruce Sutherland, Acting Town Manager Mary Ann Whaley, Deputy Town Clerk Elizabeth L. Kolek, citizens, and the general public. The Pledge of Allegiance to the Flag was led by Mayor Horton. APPROVAL OF MINUTES: November 27, 1984 - Workshop Meeting December 4, 1984 - Regular M eeting December 7, 1984 - Recessed Regular Meeting December 11, 1984 - Recessed Regular Meeting December 18, 1984 - Workshop Meeting December 18, 1984 - Special Meeting December 19, 1984 - Recessed Special Meeting December 21, 1984 - Recessed Special Meeting Approval of the above minutes Meeting on February 5, 1985 in sinners more time to study the corrections and additions. were postponed until the Regular order to give some of the Commi- minutes and make necessary PUBLIC COMMENTS AND REQUESTS: Mr. Michael Dent, a resident of Bel Lido, addressed the Town Commission regarding the following: (1) He felt that the Town should write a letter to the Palm Beach County Commission opposing the proposed public park (at the Milani site) in Town; (2) Asked about the status of the Boca Hi lawsuit. (Attorney Sliney will report on this later in todays meeting); and (3) He agrees with a Town Resident's (Howard Slagle) letter to the Town Commission that fees for garbage and sewer service should be included in ad valorem taxes so they could be deducted from Federal taxes. MINUTES of Town Highland Beach, January 3, 1985 r~ U • Commission Regular Meeting Florida REPORTS - TOWN COMMISSION: MAYOR LOUIS Y. HORTON - Page 2 of 9 Mayor Horton stated that he had heard from his contact in the St. Petersburg area regarding the new Town Manager, Mr. Hugh Williams, and that the information received was that Mr. Williams was very competent and conscientious. Mayor Horton reported that he had spent-this morning with Mr. William L. Garrett (of Seascape Technology, Inc.) and several representatives of Continental Shelf Associates, who Seascape Technology has hired to monitor the artificial seaweed installation in Highland Beach. One of their employees was formerly with the Department of Environmental Regulation and he feels that he will get the final approval and the pre-installation work may start next week. If the weather cooperates, the actual installation would not take very long and should be completed shortly. Boca Villas have suffered erosion recently which damaged some supports of their dune walkover. VICE MAYOR MARY LOUISE G. SLOBBER - Vice Mayor Blosser reported that she is working with the Building Official to finalize the work at Coronado regarding the screening of their parking garage. Vice Mayor Blosser met with the Community Appearance Board regarding signs and will meet with them one more time to finalize the project. Mrs. Helene Harris, Chairman of the Greening of AlA Committee, has a detailed chart available which locates and describes the trees planted throughout the Town. Vice Mayor Blosser stated that there seems to be some interest in Town in the "Vial of Life" project and that the vials are available at the Red Cross office on 40th Street. COMMISSIONER JOHN J. BASSO - Commissioner Basso stated that he would like to see the Town Clerk appointed Town Treasurer, as written in the Town Charter. MOTION was made by Commissioner Basso/Mayor Horton to appoint the Town Clerk, Mary Ann Whaley, as Town Treasurer. Mayor Horton gave some background regarding who should be the Treasurer of the Town and the duties, as recommended in the Town Charter. All Commissioners voted AYE. The MOTION carried unanimously. • MINUTES of Town Commission Regular Meeting Highland Beach, Florida January 3, 1985 Page 3 of 9 COMMISSIONER WILLIAM E. PAUL - No report. COMMISSIONER BETTY JEAN STEWART - Commissioner Stewart asked if there are any answers to the problem of restoring beach sand from the lower beach to the upper dunes of the beach. Mayor Horton stated that the D.E.R. is against the idea of renourishing beach sand offshore and pumping it inward and that the newly refurbished beach in Delray Beach (completed in October 1984) has already lost 30~ of its sand. He also stated that the State will not issue further permits for artificial sea- weed projects until the Seascape project in Highland Beach is proven successful. Seascape artificial seaweed builds up sand bars offshore and prevents additional erosion by cutting down on the force of wave action on the shoreline, Mayor Horton explained. Commissioner Stewart asked about the Centel Cable Television Company of Florida's proposal regarding charging non-users in the condominiums in Town and if the Town Attorney had any further information regarding this. Attorney Sliney reported that beginning in January 1985, satellites and satellite communications are preempted and not subject to regulations and that there are bills in the legislature that will be in effect within two years whereby local governments will not be involved in rate regulation but only will determine who will service the Town with cable television and renewal of their contracts. Presently, cable company operators can increase rates to customers up to 5~ a year. After some discussion, it was determined that Centel's proposal is a condominium problem and that it is a free market for both types of service. Mayor Horton stated that he will put some information in the next Bulletin regarding Centel and their proposal regarding cable television service and fees. Commissioner Stewart stated that she felt that the Town should request a copy of the minutes from the State's Beach Preservation Meeting which was held on December 19, 1985 in Cocoa Beach, Florida, since no representative of the Town was able to attend. Commissioner Stewart thanked Maintainance Supervisor Mike Coppola for the floral plantings he installed around Town Hall and the sign at the South end of Town. REPORTS - TOWN ATTORNEY: Attorney Sliney reported that the Villa Magna-Prince lawsuit was dismissed by the court. MINUTES of Town Commission Regular Meeting Highland Beach, Florida January 3, 1985 Page 4 of 9 Attorney Sliney reported that he had submitted a Motion to Dismiss which was granted by the Court regarding the Stuting lawsuit. Not enough evidence was submitted as to why the Town should be held liable. Attorney Sliney reported on the status of the Boca Hi lawsuit, which is now at a procedural stage. The case was heard on January 2, 1985, by Judge Lupo who felt the Motion to Dismiss was inappro- priate and denied the Motion. A new date will soon be set by the Court for oral argument. REPORTS - TOWN MANAGER Acting Town Manager Ms. Whaley reported that the flag pole was being moved today to a location near the "Municipal Center" sign in front of Town Hall, making the flag more visible to the residents of the Town and the general public, as requested by the Town Commission. Departmental reports can be reviewed on the Clipboard by the Town Commission, as well as the Minutes of Board Meetings. The Acting Town Manager reminded the Commissioners and the general public present that the qualifying dates for those wishing to run for the vacancies on the Town Commission (Mayor and two Commi- sioners) are January 29 to February 12, 1985. Acting Town Manager Ms. Whaley met with the new Town Manager when he was in Town Hall this week and discussed working and managerial philosophies. Ms. Whaley suggested that a Resolution be drawn up, for the record prior to Mr. Williams first day of employment, stating that Mr. Hugh D. Williams was hired by the Town Commission to be the new Town Manager with employment commencing on January 7, 1985. A MOTION was made by Commissioner Basso/Commi- sioner Paul to draw up a Resolution regarding the new Town Manager. All Commissioners voted AYE. Acting Town Manager stated that Mr. Williams will attend future C. D. C. meetings and will meet with Chief Cecere regarding this, in response to Vice Mayor Blosser's question as to who will attend future C. D. C. meetings. Ms. Whaley also stated that the Town is looking into all the alternatives before a preference is decided as to what action to take when the local C. D. C. disbands in the next year or two. The new Town Manager will be expected to keep abreast of the matter, in cooperation with Chief Cecere. This matter was tabled to the Workshop Meeting on January 29, 1985 for further reports and discussion. MINUTES of Town Commission Regular Meeting Highland Beach, Florida January 3, 1985 Page 5 of 9 REPORTS - BOARDS AND COMMITTEES: (A) BOARD OF ADJUSTMENT - Quarterly meeting will be held on January 28, 1985. Two Alternate Member vacancies. After some discussion, a MOTION was made by Vice Mayor Blosser/ Commissioner Basso to appoint Mr. Charles Arbetman and Mr. A. M. Fox, Jr. as Alternate Members. (It was agreed that the person with the longest residency will be Alternate No. 1 and the other will be Alternate No. 2). All Commissioners voted AYE. (B) CODE ENFORCEMENT BOARD - Workshop and Regular Meeting on January 16, 1985. One Regular Member vacancy (Ellen Gerber) and one Alternate Member vacancy. Attorney Sliney stated that the Florida Statutes mention seven members for this board but do not mention alternate members. Alternate Members will be discussed at the Workshop Meeting on January 29, 1985. After some discussion, a MOTION was made by Commissioner Basso/Commissioner Stewart to reappoint Ellen Gerber as a Regular member. All Commissioners voted AYE. (C) COMMUNITX APPEARANCE BOARD - Regular Meeting on January 31, 1985 at 9:30 a.m. (D) FINANCIAL ADVISORY BOARD - No regular meeting is sched- uled. One Regular Member vacancy. This vacancy will be discussed at the Workshop Meeting on January 29, 1985. (E) HEALTH DEPARTMENT - No report. (F) LIBRARY BOARD - A program is scheduled in late January --date to be announced. No report. (G) PLANNING BOARD/LOCAL PLANNING AGENCY - Regular Meeting on January 9, 1985 at 9:30 a.m. (H) POLICE ADVISORY BOARD - Regular Meeting on January 7, 1985. One Regular Member vacancy (Lowell Blum) and one Alternate Member vacancy (John Sudbay). A MOTION was made by Mayor Horton/Commissioner Basso to reappoint Mr. Lowell Blum and Mr. John Sudbay to the Regular and Alternate Member vacancies on the Board. All Commissioners voted AYE. s MINUTES of Town Commission Regular Meeting Highland Beach, Florida January 3, 1985 Page 6 of 9 Discussion ensued regarding the purchase of "Life Line" rescue equipment for a police car as to its practicality and who would be using it. Cost would be $569.00 for one unit with a hand held cannister with a one-time use. It could be made reusable with the purchase of a line rewinder and extra cartridges. Since the Town's Police Department's policy is not to make ocean rescues, they would not make any recommendations for the purchase of such equipment, the Acting Town Manager stated. Attorney Sliney recommended that the Town should decide if it wishes to make itself liable by going into the ocean rescue business or not and also stated that if there is no one in the Town in the business of ocean rescue, the Town should take a position in the near future and let the public know of its policy and position. The Acting Town Manager stated that the Palm Beach County Sheriff's Department informed her that their helicopter response time for rescue to any part of the county is 10 minutes, depending on where the helicopter is located when it is dispatched and if it is presently on a call. Commissioner Basso stated that the ocean front condominiums have already been sent notices warning of ocean hazards and that people swim in the ocean at their own risk. The Town Commission requested that the Acting Town Manager contact Chief Brice's office at the Palm Beach County Fire Administraction office regarding their policy for ocean rescues. This matter will be discussed further after more information is received at the Workshop Meeting on January 29, 1985. PROPOSED ORDINANCES AND RESOLUTIONS: (A) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA REPEALING ORDINANCE NUMBER 482, ADOPTED ON NOVEMBER 1, 1983, DECLARING AN EXEMPTION TO THE PROVISIONS OF CHAPTER 83-498 OF THE LAWS OF THE STATE OF FLORIDA PROVIDING FOR UNIFORM FILING DATES AND UNIFORM ELECTION DATES FOR MUNICIPAL ELECTIONS. This Ordinance was read in its entirety which constituted a Final Reading after which MOTION was made by Commissioner Basso/Commi- sioner Paul that this Ordinance be adopted. Upon being polled by the Deputy Town Clerk, all Commissioners voted AYE. (B) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING SECTION 1.06 (2) OF THE CHARTER OF THE TOWN OF HIGHLAND BEACH PERTAINING TO ELECTION DATES, AMENDING SECTION 1.06 (5) OF THE CHARTER OF THE TOWN OF HIGHLAND BEACH PERTAINING TO REQUIREMENTS FOR ELIGIBILITY FOR ELECTION OR APPOINTMENT AS A TOWN COMMISSIONER, AND AMENDING SECTION 1.06 (6) OF THE CHARTER OF THE TOWN OF HIGHLAND BEACH PERTAINING TO QUALIFYING DATES FOR FILING AS A CANDIDATE FOR TOWN COMMISSIONER: • AMENDING SECTION 8-3 OF THE CODE OF ORDINANCES OF MINUTES of Town Commission Regular Meeting Highland Beach, Florida January 3, 1985 Page 7 of 9 THE TOWN OF HIGHLAND BEACH PERTAINING TO QUALIFICATIONS OF CANDIDATES AND THE DATES FOR FILING AS A CANDIDATE. This Ordinance was read in its entirety which constituted a Final Reading after which a MOTION was made by Commissioner Paul/Commi- sioner Basso that this Ordinance be adopted after Section (5) is reworded correctly. Upon being polled by the Deputy Town Clerk, all Commissioners voted AYE. (C) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING ORDINANCE N0. 456, NUMBERS 8, 9, 11, AND 12; SITE PLAN REVIEW (PRELIMINARY), SITE PLAN REVIEW (FINAL DEVELOPMENT PLANS), COMMUNITY APPEARANCE BOARD (PRELIMINARY REVIEW), COMMUNITY APPEARANCE BOARD (FINAL REVIEW). This Ordinance was read in its entirety which constituted a Final Reading after which a MOTION was made by Commissioner Stewart/ Commissioner Basso that this Ordinance be adopted. Upon being polled by the Deputy Town Clerk, all Commissioners voted AYE. (D) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORDIA, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, CHAPTER 2, ENTITLED "ADMINISTRATION", SECTION 2-41 ENTITLED "TOWN PLANNING BOARD; ESTABLISH- MENT; TERMS", SECTION 2-52 ENTITLED "POWERS AND DUTIES", SECTION 2-53 ENTITLED "MEETINGS AND RECORDS; APPEALS", SECTION 2-54 ENTITLED "CHANGES IN PLANS AND SPECI- FICATIONS". The consensus was to further discuss this proposed ordinance at the Workshop Meeting on January 29, 1985 with possible adoption at the Regular Meeting on February 5, 1985. (E) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH AMENDING SECTION 22-2 OF THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ENTITLED "SEWER SERVICE CHARGES." The consensus was to further discuss this proposed ordinance at the Workshop Meeting on January 29, 1985 with possible adoption at the Regular Meeting on February 5, 1985. • MINUTES of Town Commission Regular Meeting Highland Beach, Florida January 3, 1985 Page 8 of 9 REGULAR BUSINESS: Consent Agenda (1) APPROVAL OF WILLIAMS & SONS LANDSCAPING ($350/MONTH) FOR TOWN HALL COMPLEX. After some discussion and emphasizing that the Maintainance Department will continue to maintain the bicycle-pedestrian path area throughout the 'Down and the Water Treatment Plant Staff will continue to maintain their grounds, a MOTION was made by Commissioner Stewart/Commissioner Paul to approve Williams & Sons Landscaping for the Town Hall Complex (contract to expire on September 30, 1985). All Commissioners voted AYE. Items Left Over (1) PRESENTATION BY DR. RICHARD ORMAN REGARDING THE MILANI PROPERTY. The Acting Town Manager stated that Dr. Orman telephoned her office this morning and requested that his presentation be post- poned to the Workshop Meeting on January 29, 1985, since Mr. Whitley was not able to be present today. It was the consensus of the Town Commission that this presentation will be on the Workshop Meeting Agenda of January 29, 1985. (2) PROPOSED APPROVAL OF FREDERICK SITE PLAN. Mr. Woolsey was present (a Sunrise-Frederick representative) to explain and answer questions about the site plan. Attorney Sliney stated that he would like three things resolved: (1) Town Commis- sion approval of the Declaration of Restrictions; (2) Amendment of the Declaration of Unity of Title to get rid of the East side claim to the West side; and (3) A possible recovation from the developer of the East side stating they have no interest in the West side. After much discussion, it was the consensus of the Town Commission that this subject be discussed further, after requested information is received by the Town and the Town Attorney, at the Workshop Meeting on January 29, 1985 with a decision possibly made at the Regular Meeting on February 5, 1985. MINUTES of Town Commission Regular Meeting Highland Beach, Florida January 3, 1985 Page 9 of 9 BILLS FOR APPROVAL: The following bills were submitted for approval: BOARD OF COUNTY COMMISSIONERS $54,929.59 (1984/85 Fire Services--first installment) CAMP DRESSER & MC KEE, INC. $1,878.13 (Miscellaneous Advisory Services--Wastewater) CITY OF BOCA RATON (C.D.C. Services--First Half 1984/85) FLORIDA MUNICIPAL SELF-INSURERS FUND (Balance Workers Compensation Premium 1983/84) F. H. FOSTER OIL CORP. (Gasoline for official vehicles) HARVEL & DELAND (Meter Installations, etc.) HARVEL & DELAND (Pump Installation--Lift Station #l, etc.) TOTAL $7,537.50 $958.00 $1,776.00 $1, 4198.47 $942.03 $69,119.72 MOTION was made by Commissioner Basso/Commissioner Stewart to approve the Bills as submitted. All Commissioners voted AYE. There being no further business to come before Commission, the Regular Meeting was a ourned APPROVED: Mayor o is Y. H ~~sr ~~-~«-~ Vic,.e] May, r Mary EST: TOWN CLE~K ~/ DATE : ~ ~~~~~ the Town ~.t 3:45 p.m. Orton ouise G. Blosser er John J. Basso 'Commissioner William E. Paul Co issioner Betty Jean Stewart •