1985.02.05_TC_Minutes_Regular
• TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
REGULAR MEETING
Tuesday, February 5, 1985 1:30 p.m.
The Regular Meeting of the Town Commission was called to orda~r by
Mayor Louis Y. Horton at 1:30 p.m. in the Town Commission Chambers
at 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: Chief William Cecere, Attorney Thomas E. Sliney,
Attorney Richard Barkan, Town Manager Hugh D. Williams, Deputy Town
Clerk Elizabeth L. Kolek, citizens, and the general public.
The Pledge of Allegiance was led by Mayor Horton.
APPROVAL OF MINUTES:
November 27, 1984 - Workshop Meeting
December 4, 1984 - Regular Meeting
• 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
January 3, 1985 - Regular Meeting
January 10, 1985 - Special Meeting
MOTION was made by Commissioner Stewart/Commissioner Basso to
approve the minutes as written. All Commissioners voted AYE.
PUBLIC COMMENTS AND REQUESTS:
Mr. Michael Dent, a resident of Bel Lido Island, addressed the
Town Commission and asked about the status of the fire-rescue
service of the Palm Beach County Commission regarding what it is
costing the Town, what rights do municipalities have, and that
there must be some way to argue what we are charged or negotiate,
since each year the charges are increased. He also asked if we
are locked in under State Statutes and stated that we should find
out about other alternatives before we consider getting out of
the present fire-rescue service. Mayor Horton stated that a
committee of the Municipal League is holding meetings with the
other municipalities' representatives who have similar concerns
• and the matter is still under study. Commissioner Stewart stated
that this matter is scheduled to be discussed at the February 263
Workshop Meeting.
Minutes of Town Commission Regular Meeting
Highland Beach, Florida
February 5, 1985 Page 2 of 8
Mr. Abraham Futernick, a resident of Coronado, addressed the Town
Commission to inquire as to what happened at the last Town Commission
meeting when the purchase of a rescue buoy gun was discussed.
Mayor Horton stated that the Town does not wish to purchase a buoy
g u n at the present time and that the Town was advised by the Town
Attorney that if it engaged in ocean rescue, it could open itself
up to recriminatory lawsuits. Mayor Horton also stated that the
Town Commission chose to use educational means, including The
Bulletin, and will request the cooperation of ocean-front condomin-
iums regarding ocean safety for the residents. He also stated that
the Town's responsibility ends at the high water mark.
Attorney Thomas E. Sliney introduced a new associate, Richard Barkan,
to the Town Commission and those in attendance.
REPORTS - TOWN COMMISSION:
Mayor Louis Y. Horton -
Mayor Horton reported that preliminary landscaping work is now
underway at the Town's Water Treatment Plant (in Boca Raton) and
that the landscaping plans have been submitted for approval by
the Boca Raton Community Appearance Board.
• A11 permits for the installation of "Seascape" have finally come
through and when the monitoring firm has completed its present
contract elsewhere, will begin their preliminary monitoring
procedures in Town which includes running a profile of the ocean
floor before the installation of the Seascape can commence, which
should be next week. Mayor Horton announced that the North deck
of Ambassadors South Condominium will be available to people who
wish to observe the installation work. Mayor Horton reiterated
that the manufacturer has the liability responsibility since the
work is being done out of the Town`s boundary.
Vice Mayor Blosser - No report.
Commissioner John J. Basso -
Commissioner Basso reported that a final report regarding sewer
charges is expected within a week or two and it looks favorable.
Commissioner William E. Paul -
Commissioner Paul reported that the Water Treatment Plant is
operating well and that the ground water storage tank is being
watched regarding erosion under the tank. This is due to settling
since the tank was installed. Mayor Horton stated that three feet
of fill has been done previously which was needed due to settling.
t
Minutes of Town Commission Regular Meeting
• Highland Beach, Florida
February 5, 1985
Commissioner Betty Jean Stewart -
Page 3 of 8
Commissioner Stewart asked the Building Official to check on the
Boca Hi Sale Sign as to its permit extensions since, after observing
a car making a left turn into the Boca Hi Sales Office area, where
the sale sign is and then pulling back out into traffic again only
to turn in at the South entrance, she felt that the situation was too
dangerous as it presently exists. She asked the Building Official to
check on the Boca Hi Sale Sign as to its permit extensions because
the sign may need to be removed.
Commissioner Stewart stated that since she saw a copy of a letter
on the Clipboard from Attorney Sliney which states that Trafalgar
has contracted with Climatrol {on 1/4/85) to install the screening
on the Coronado garage, she would like to know what materials were
to be used and did not know of any that had been approved. Vice
Mayor Blosser stated that she attended a meeting in the summer of
1984, attended by Coronado representatives, the Building Official,
and the former Town Manager, at which plans were presented for the
garage screening--with samples shown--but no copies were left for
the Town's records. Vice Mayor Blosser described the screening as
follows: the lower third would be a concrete material, the middle
• third section would be see-trough mesh type of screening, and the
upper third section would be a plastic type non-permeable material
which the code allows. The screening cannot be a solid wall because
of ventillation problems. Vice Mayor Blosser reminded the Commission
that the original plans for Coronado were approved without the
garage screening included and that this was an extra requirement
requested by the Town Commission (due to numerous complaints and
requests by neighboring residents) that Trafalgar was requested to
comply with. Attorney Sliney will contact Trafalgar Developers to
request a copy of their contract with Climatrol, a copy of plans
(including materials) for the screening, and request that they pull
a permit and complete the work. Commissioner Basso stated that
when agreements are made, they should always be in writing, so that
when Town residents ask questions, something in writing will be on
file in the Building Department. The Town Manager was directed to
follow through on this matter.
REPORTS - TOWN ATTORNEY:
Attorney Thomas E. Sliney reported that, as per discussion held
during the December 18, 1984 Town Commission Workshop Meeting
whereby Mr. Philip Colman stated that a resident manager's apart-
ment in the proposed Le Concorde Condominium would be an "amenity"
and would not be counted as a dwelling unit, he wrote in a letter
to the Town Commission that his opinion is that a resident manager's
• apartment IS a dwelling unit, for density purposes. A copy of this
letter was left with the Town Manager today.
L
Minutes of Town Commission Regular Meeting
Highland Beach, Florida
February 5, 1985 Page 4 of 8
Since the Town has a never-ending transcript problem with the many
requests received, Attorney Sliney suggested that the following be
written at the bottom of the Town's agenda, as other municipalities
do, including the City of Boca Raton:
"If any decision of the Town Commission affects you and you
decide to appeal a decision made at this meeting with respect
to any matter, you will need a record of the proceedings and
you may need to insure that a verbatim record of the proceed-
ings is made, which record includes the testimony and evidence
upon which the appeal was to be based."
•
•
This would shift the responsibility to the party making the appeal
to bring a court reporter to the meeting, or whatever they want.
Under the Attorney General's opinion issued basically on the subject
a couple years ago, there is no requirement that municipalities
pro vide verbatim transcripts. The only requirement is that the
Town transcribe minutes. Attorney Sliney will leave a copy of
this recommendation with the Town Manager. (A.G.O. Number 082.47)
Attorney Sliney reported about the Sunshine Law and that it puts
municipalities in a very bad position regarding lawsuits. The
Supreme Court says there are no exemptions for consultation, even
on pending litigation. North Miami recently lost a case regarding
such a matter. Commissioner Basso suggested that this should be
taken up by the Municipal League to try to get the Legislature to
amend the law because he thinks it is very important. Mayor Horton
asked that the Town Manager bring the matter up when the Palm Beach
County Legislative Delegation is present at a Municipal League
Meeting. Town Manager Hugh Williams felt such an amendment is
doubtful since the Legislature feels as it does about the Sunshine
Act.
Attorney Sliney stated that he met with Mr. MacLaren, Attorney for
Mr. Frederick, yesterday and asked that action be postponed regarding
the Maravilla matter because some revision of documentation is
needed. This information will be submitted to the Town Commission
prior to the next Workshop Meeting on February 26, 1985.
Mayor Horton asked about the status of the Stuting matter to make
sure it was thrown out of court. Attorney Sliney stated that
according to Section 768.28 or other, the plaintiff had failed to
give six months notice as required for any personal injury case
and could refile again after six months notice has gone by.
REPORTS - TOWN MANAGER:
Town Manager Hugh Williams reported that the Town hosted a meeting
last Friday of the Municipal League which is studying the fire/rescue
matter and some cost figures should be available within the next month.
Minutes of Town Commission Regular Meeting
Highland Beach, Florida
• February 5, 1985 Page 5 of 8
Mr. Williams reported that he has drafted a letter to the Coronado
Ocean Club Manager stating that no future public or commercial
benefit programs should be held at the Ocean Club since it would be
at variance with uses of the Unity of Title and not in conformance
with Town zoning regulations.
REPORTS - BOARDS AND COMMITTEES:
(A) BOARD OF ADJUSTMENT - No report.
(B) CODE ENFORCEMENT BOARD - No report.
Meetina 2/20/85 at 9:30 a m Note• A proposed ordina
abolishina Alternate Members will be submitted at the
February 26 Workshop Meetina
(C) COMMUNITY APPEARANCE BOARD - No report.
Meeting on 2/28/85 at 9:30 a.m.
(D) FINANCIAL ADVISORY BOARD - No report.
Two Reaular Member vacancies. Possible appointment of
• Mr. Reese E. James to one Regular Member Vacancy
MOTION was made by Commissioner Stewart/Commissioner Paul
to appoint Mr. Reese E. James to a Regular Member vacancy.
All Commissioners voted A~"E.
MOTION was made by Commissioner Stewart/Commissioner Basso
to appoint Mr. Arthur Harris to a Regular Member vacancy.
Commissioner Stewart and Commissioner Basso voted AYE.
Mayor Horton, Vice Mayor Blosser, and Commissioner Paul
voted NAY.
It was suggested by Commissioner Basso that Mr. Joseph
Murania, a Talent Bank Applicant, be interviewed at
the next Workshop Meeting on February 26, 1985.
(E) GREENING OF AlA COMMITTEE -
Mr. Frank Savino, in the absence of Chairman Mrs. Helene
Harris who is ill, gave a report on the committees'
progress. Some of the thirty trees planted along AlA did
not survive and need to be replaced. Mr. Savino asked
when the committee could expect to receive the amount of
$5,000.00, which was allocated in the 1984-85 budget and
any amount left over from the prior year's budget? The
. consensus of the Town Commission was that the matter should
be discussed further at the Workshop Meeting on February 26
and the amount will be verified by the Finance Department.
Minutes of Town Commission Regular Meeting
Highland Beach, Florida
February 5, 1985 Page 6 of 8
• The correct amount will be forwarded to the
Greening
Committee thereafter. Mayor Horton announced that the
Town Commission is proud of the work the Greening Committee
is doing.
(F) LIBRARY BOARD - No report.
(G) PLANNING BOARD/LOCAL PLANNING AGENCY - No report
Meeting on 2/13/85 at 9:30 a m
(H) POLICE ADVISORY BOARD -
Chairman Lowell Blum addressed the Town Commission. The
board met on February 4, 1985. A record number of
citations have been issued and the officers should be
commended. The board recommended that the Town again
petition the DOT to lower the speed limit on AlA to
30 or 35 MPH since residents are having problems crossing
AlA. Mayor Horton stated that this was recently done and
a negative reply was received from the DOT. Town Manager
Hugh Williams felt that they might change their decision
if enough reasons were given. The board and the Chief of
Police recommend that the telephone booth in front of the
• Police Station be moved to a more convenient location
since it is causing a nuisance and congestion at its
present location. The Town Manager felt it could be
eliminated entirely. This matter will be further
discussed at the Workshop Meeting on February 26, 1985.
PROPOSED ORDINANCES AND RESOLUTIONS:
(A) Final Reading
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING SECTION 22-2 OF THE CODE OF ORDINANCES OF
THE TOWN OF HIGHLAND BEACH, FLORIDA, ENTITLED "SEWER
SERVICE CHARGES."
The ordinance was read in its entirety by the Deputy Town Clerk after
which MOTION was made by Commissioner Paul/Vice Mayor Blosser that
this ordinance be adopted. Upon being polled, all Commissioners
voted AYE.
REGULAR BUSINESS•
Consent Agenda -
(1) Resection of request of Robert Whitley for consideration
of new one-tower plan on the Milani property
• After some discussion, MOTION was made by Commissioner Paul/
Commissioner Basso to reject this request. All Commissioners voted
AYE.
Minutes of Town Commission Regular Meeting
Highland Beach,. Florida
February 5, 1985 Page 7 of 8
•
Items Left Over -
(1) Possible approval of Frederick's site plan and
accompanying documentation.
As Attorney Sliney stated earlier under "Town Attorney Reports",
both attorneys representing both parties are not ready with
documentation so no action can b e taken at this time. This matter
will be further discussed at the Workshop Meeting on February 26,
1985.
(2) Discussion and possible approval of Memorandum of Under-
standing between Town of Highland Beach and Town Manager.
After some discussion, since the Vice Mayor stated that the Town
will be establishing a precedent for future use, that some termin-
ology in the document should be changed, the consensus was to
change the wording in Section 6, from "contribute any amount" to
"contribute an amount" and to add "employment related, properly
documented business expenses" to Section 11. MOTION was made by
Commissioner Basso/Mayor Horton to approve the Memorandum of ,;~ ,..,,~
Understanding. All Commissioners voted AYE. w~,~-~-~`'~~
• BILLS FOR APPROVAL:
Board of County Commissioners ................. $384,290.03
(Fire-Rescue Services 1/7/85--$106,850.61)
(Fire-Rescue Services 2/5/85--$277,439.42)
Dilworth, Paxson, et al.. ................. .$22,507.66
(Legal services Q/E 12/31/84)
Harvel & DeLand ..... ....... ........ .. .... ..$1,073.90
(Sanitary Sewer Services - Kinser project)
Nowlen, Holt, et al .............................$7,413.00
(Professional Services -External Audit 1983/84)
Vans Comfortemp Air-Conditioning .... .. ..........$775.00
(Preventive Maintenance Agreement - 1985)
Vans Comfortemp Air-Conditioning ..................$575.00
(Cost of A/C unit - Water Plant)
Bel Lido Property Owners Association............$1,000.00
(Maintenance Allowance - Bel Lido Entrance)
TOTAL $417,634.59
. MOTION was made by Commissioner Basso/Commissioner Stewart to
approve the bills as submitted. All Commissioners voted AYE.
Minutes of Town Commission Regular Meeting
Highland Beach, Florida
February 5, 1985 Page 8 of 8
• Vice Mayor Blosser read her Memorandum to Dr. Alex Tomeski, Chairman
of the Ad Hoc Evaluation Committee, into the record regarding
"Interim Mission of Committee", which states:
(1) Committee currently on "hold" status.
(2) In accord with Minutes of your meeting with Mr. Williams
(1/21/85}:
(a) Committee will act as preliminary review board for
_ updated Organization Chart and Personnel Polic y
Manual at such time as Town Manager has those
documents prepared.
(b) Committee will review Systems and Procedures Study
to be submitted by Town Manager after compilation
by employee task forces.
(c) Identify, in conjunction with Town Manager, areas of
current concern and future planning and determine
which areas within province of their committee,
F.A.B., etc.
(3) Committee will continue as Advisory Board to Town Commission
• _ coordinating through Vice Mayor, undersigned.
This Memorandum was discussed by the Town Commission and met with
their approval.
Their being no further business to come before the Town Commission,
the Regular Meeting of the Town Commission was adjourned at 3:15 p.m.,
with a MOTION by Commissioner Basso/Commissioner Paul.
..~._._ .
APPROVED:
.....
Louis Y. Horton, Mayor
se G. Blosser, Vice Mayor
ohn J//Basso, Commissioner
E. Paul, Cor~erlssioner
ATTEST:
• TO CLE b
Dates ~~~~~Q
7J~i~~a-~'-
Bet y Jean Stewart, Commissioner