1985.04.02_TC_Minutes_Regular
TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
REGULAR MEETING
Tuesday, A ril 2, 1985 1:3f6 P. M.
The Regular Meeting of the Town Commission was called to order by Mayor
Edward J. Sullivan at 1:3P! p.m. in the Town Commission Chambers at Town
Hall. Also present were: Vice Mayor Mary Louise G. Blosser and
Commissioners John J. Basso, Williamm A. Grier, and Betty Jean Stewart.
Also present were: Police Chief William Cecere, Building Official Bruce
Sutherland, Town Attorney Thomas E. Sliney, Deputy Town Clerk Elizabeth L.
Kolek, citizens, and the general public.
The Pledge of Allegiance was led by Mayor Sullivan.
APPROVAL OF MINUTES:
February 26, 1985 - Workshop Meeting
March 5, 1985 - Regular Meeting
MOTION was made by Commissioner Basso/Commissioner Stewart 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 Commission
and congratulated the new Mayor on his election, stating the position is
one of great responsibility and hoped that he would be fair minded. He
also stated his feelings about the recent firing of the Utilities Director
by the Town Manager and felt that if this action required the approval of
the Town Commission, that the Town Commission should do so at today's
meeting.
Mr. Abe Futernick, a resident of Coronado, addressed the Commission and
stated that he felt Town citizens should be able to voice their opinions at
other times and on other subjects discussed by the Town Commission
during these meetings other than the five minutes allowed at the beginning,
as Michael Dent feels about the matter.
Mayor Sullivan interjected, stating that the five minute time to speak will
be adhered to and that no proposals can be made to the Town Commission at
that time. He also is willing to hear from interested citizens present
prior to taking action on Ordinances and Resolutions at the meetings.
Mr. Thomas Delaney addressed the Commission, also congratulating the
winning candidates on their election. He wanted to find out what their
feelings were in answer to the letter dated March 20, 1985 which he had
• sent them, to which he had not yet had a reply. Via this letter, Mr.
Delaney wanted to bring people up to date and establish a dialogue or a
vehicle to negotiate. He wanted to find out if the Town Commission would
discuss the matter further or not, as far as settling the matter before it
went to a hearing on April 18. He stated that the prior Commission was
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Minutes of Town Commission Regular Meeting
April 2, 1985 Page 2 of g
not productive. He stated that he had submitted full blown presentations,
three times and costing over $100,000.00 and 20 to 30 meetings, complying
• with all the P. and Z. Ordinances, in which his allowable density is
written. Mr. Delaney stated that he has not heard anything from the other
side, only to reduce units by 50 or so. He could not surrender his right
to litigation or it will be gone forever. He is willing to request a
continuance and discuss all at issue but he must have dialogue before that
can happen and feels dialogue would be productive or he wouldn't ask for
it. He did not bring a written proposal to submit to the Town Commission
today because he knew this was not on the agenda.
Commissioner Stewart stated, for the record, that she had received a copy
of this letter only today and that she picks up her mail daily.
Vice Mayor Blosser also stated that she only got the letter today and that
it is late in suggesting anything, since the deadline is so close.
Mayor Sullivan stated that the letter was on his desk yesterday (4/1/85)
unopened upon his return and also stated that since the matter is in
litigation, the Town Commission could not be expected to reply to it.
Since the letter was not received in the time frame required for today's
agenda, it could not be included.
Attorney Sliney stated that he only received the letter today, also, and
that it was general in nature, however, if Mr. Delaney wanted a continuance
and submitted a concrete proposal, he had no objection to it. The Town was
ready to go to trial and the April 18 Hearing but if Mr. Delaney intended
to postpone it, he would like to be advised so that more of the Town's time
• and money are not wasted. He also feels this is a complicated case but
+ would not like to have the Town's time and money wasted if the case is
never heard. Attorney Sliney recommends that if the Town decides to go
along with dialogue, Mr. Delaney's attorney should first adjourn the
Hearing of April 18. From the Town's standpoint, any postponement would
not prejudice the Town. Nothing new or concrete has been offered in
writing.
After discussion, the consensus was that the Town Commission cannot reply
or give any advice to Mr. Delaney's request today because the matter is in
litigation and it has a responsibility to the Town.
REPORTS - TOWN COMMISSION:
Mayor Edward J. Sullivan -
Mayor Sullivan appointed the following Town Commission Committee Chairmen:
WATER DEPT. - Betty Jean Stewart
LEGAL - John J. Basso
BUILDING DEPT. (inside & outside) & LIBRARY - Mary Louise Blosser
FINANCE (Insurance, employees, salary, etc.) - William A. Grier
FIRE/RESCUE (upgrading, etc.) - Edward J. Sullivan
POLICE (upgrading, etc.) - Edward J. Sullivan
Mayor Sullivan stated that the time of the Town Commission Workshop Meeting
(in agreement with the other Commissioners) will be changed from 9:30 a.m
to 1:30 p.m. for the next two meetings, on a trial basis. If this time is
more acceptable, a new ordinance will be passed.
Minutes of Town Commission Regular Meeting ~
April 2, 1985 Page 3 of 8
The Bulletin will be restructured in the near future so that more infor-
. mation will be going to the Town Residents and property owners (including
Planning Board and Town Commission agenda topics) before the Town
Commission meetings, in order to inform interested parties of what is
happening before it happens.
Mayor Sullivan also announced that as per his campaign promise, he will
very soon announce a definite time that he will be in his office at Town
Hall to meet with residents.
Vice Mayor Mary Louise G. Blosser -
Vice Mayor Blosser stated that the Town Commission will send a letter of
condolence to the family of Stephen Doig, a member of the Board of Adjust-
ment, recently deceased.
Commissioner John J. Basso -
Commissioner Basso stated that he would like to see the list of needed
repairs done at the Water Treatment Plant, along with the needed repairs,
painting, and/or refurbishing of the administration building, police
station, and fire station, as soon as possible. The parapet near the
police station also should be removed, since it is a safety hazard.
Commissioner Basso suggested that a Water Board be established consisting
of Town residents in order to operate the plant better.
• Commissioner William A. Grier -
•
No report. Commissioner Grier agreed that one or two members of the
proposed Water Board should be medical doctors.
Commissioner Betty Jean Stewart -
Commissioner Stewart agreed that a Water Board should be established and
that a member be a Medical Doctor.
Commissioner Stewart suggested that any interested Commissioners or
citizens should observe same of the installation of a new kind of seawall
now being installed at 4215 South Ocean Boulevard consisting of rows of
bags filled with sand.
Commissioner Stewart asked when the Bel Lido Property Owners Association is
going to repair its wooden walkway (their access to the beach) because it
is in a dangerous condition of disrepair. She suggested that this should
be inspected by the Building Department and then the owners should be given
a certain amount of time to complete the repairs. Upon being asked by
Mayor Sullivan, Michael. Dent (a Bel Lido resident), stated that the Bel
Lido Property Owners Association presently has no plans to repair the beach
access walkway. Mr. Dent asked if the ladder that Coco de Mer (a condo
next to the Bel Lido Beach access) uses for their beach access is allowed
by the Town. Mayor Sullivan stated that the Town Commission will write a
letter to the President of the Bel Lido Property Owners Association
regarding their walkway.
Minutes of Town Commission Regular Meeting
April 2, 1985 Page 4 of 8
• Mayor Sullivan announced that the week of April 15, 1985 has been desig-
nated "Victim Rights Week" and directed the Town Manager to draw up a
proclamation, which he will sign, and be posted on the bulletin boards
which will show the support of the Town.
Mayor Sullivan announced that each municipality in Palm Beach County is
entitled to have one member on the Palm Beach County Beaches and Shores
Council, therefore, this matter will be further discussed at the Workshop
Meeting on April 30, 1985.
REPORTS - TOWN ATTORNEY:
Attorney Thomas E. Sliney reported that he has submitted a report regarding
Royal Highlands to Irving Saunders, Chairman of the Planning Board.
Attorney Sliney submitted all the revised ordinances and resolutions today.
Ocean Terrace is in litigation.
The Boca Hi hearing is scheduled for April 18, 1985.
REPORTS - TOWN MANAGER:
Town Manager Hugh D. Williams reported that he has submitted an up to date
• Memo regarding the details of the termination of Utilities Director Joe
Moss. Joe Moss has filed a grievance appeal, which is in the first stage
of a 3-stage employee grievance appeal. Water Treatment Plant personnel
will be using a time clock. The water plant is being operated by a
certified operator, in compliance with State Laws. The Town's engineers
have been contacted. Mayor Sullivan asked Attorney Sliney to explain the
procedure but Attorney Sliney stated that he would like to speak with Mr.
Williams first. The Commissioners requested a copy of the Personnel Rules
and Regulations.
Town Manager Williams reported that a Town resident, who is concerned with
beach cleaning equipment on the beach in Town during the upc~ning turtle
nesting season, requested that large beach cleaning equipment be prohibited
from cleaning the beach at that time by the Town Commission. This matter
will be further discussed at the Workshop Meeting on April 30, 1985.
REPORTS - BOARDS AND COMMITTEES:
BOARD OF ADJUSTMENT - No report. Will meet 4/22/85 1:30 p.m.
CODE ENFORCEMENT BOARD - No report. Will meet 4/17/85 9:30 a.m.
COMMUNITY APPEARANCE BOARD - No report. Will meet 4/25/85, 9:30 a.m.
Minutes of Town Commission Regular Meeting /
April 2, 1985 Page 5 of 8
•
FINANCIAL ADVISORY BOARD - (No regularly scheduled meeting.)
Reese James, Chairman, reported that the board met on 3/25/85 and
a copy of the minutes will be submitted to the Town Commission as soon as
they are ready.
LIBRARY BOARD - No report.
PLANNING BOARD/LOCAL PLANNING AGENCY - No report. Will meet 4/10/85
9:30 a.m.
PROPOSED ORDINANCES AND RESOLUTIONS:
1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING THE CODE
OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, CHAPTER 2, ENTITLID
"ADMINISTRATION", SECTION 2-41 ENTITLID "TOWN PLANNING BOARD; ESTAB-
LISHMENT; TERMS", SECTION 2-50 ENTITLID "CREATION; MEMBERS; TERMS;
APPOINTMENTS", SECTION 2-52 ENTITLID "POWERS AND DUTIES", SECTION 2-53
ENTITLID, "CHANGES IN PLANS AND SPECIFICATIONS".
This ordinance was read in its entirety, constituting a Final Reading.
After some discussion and after same corrections were made, MOTION was made
by Canissioner Basso/Commissioner Grier that this ordinance be adopted.
• Upon being polled, all the Commissioners voted AYE. The Motion passed 5-0.
2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING THE CODE
OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, CHAPTER 21, ENTITLID
"SEAWALLS, BULKHEADS, RETAINING WALLS" BY THE ADDITION OF A SECTION
ENTITLED "SEAWALLS - ABATEMENT OF NUISANCES, INJURIOUS OR DANGEROUS
CONDITIONS".
This ordinance was read in its entirety, constituting a Final Reading.
After same discussion and after sane corrections were made, MOTION was made
by Vice Mayor Blosser/Commissioner Basso that this ordinance be adopted.
Upon being polled, all the Commissioners voted AYE. The Motion carried 5-0
AT THIS TIME (3:00 p.m.) MAYOR SULLIVAN CALLID FOR A 5-10 MINUTE REST
BREAK.
The Town Commission Regular Meeting reconvened at 3:10 p.m.
At the request of Mr. C. D.Milani, Item No. 1, REGULAR BUSINESS, Items Left
Over, Discussion regarding Milani Project (Refer to letter dated March 16,
1985 fran Greenblatt, Yusim & Stavins, Attorneys) was discussed now instead
of later on the agenda since Mr. Milani had to leave for an appointment
later.
Mr. C. D. Milani introduced his representative, Dr. Richard Orman, who
• gave a brief history of the property, stating that the proposed buyer of
the East Side property (Mr. Robert Whitley) decided not to buy the property
after the Town Commission turned down his proposal at a February meeting.
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Minutes of Town Commission Regular Meeting
April 2, 1985 Page 6 of 8
•
Mr. Milani said he could not negotiate with any other buyer while Mr.
Whitley was considering buying the property. Since this left little time
for Mr. Milani to pull his permits to build by the expiration date of
April 10, 1985, due to circumstances beyond his control, Mr. Milani asked
the Town Commission to grant him a one year extension to obtain a building
permit in order to build under the density of the former zoning. Mr.
Milani stated that it takes at least 3 months to prepare plans.
After much discussion, MOTION. was made by Commissioner Grier/Vice Mayor
Blosser that Mr. Milani's request for a one year extension be denied.
Upon being polled, all Commissioners voted AYE. The Motion carried 5-0.
PROPOSID ORDINANCES AND RESOLUTIONS (Continued)
3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, AMENDING CHAPTER 30,
SECTIONS 4.5 (e) (8) , 4.6 (e) (8) , and 4.4 (e) (8) .
This ordinance was read by title only, which constituted a First Reading.
This ordinance will be discussed further with possible adoption at the
Regular Meeting on May 7, 1985.
4. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, RESCINDING
• RESOLUTION 399 AS REGARDS THE ALLOWANCE OF DESTRUCTION OF MANGROVE
WETLANDS. (Hoffman Project)
This Resolution was read in its entirety. After some discussion, a MOTION
was made by Commissioner Basso/Commissioner Stewart that this resolution be
adopted. Upon being polled, all the Commissioners voted AYE. The motion
carried 5-0.
5. A RESOLUTION AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS REGARDING
SITE PLAN APPROVAL OF THE SUNRISE/FRIDERICK PROJECT.
This Resolution was read in its entirety. After some discussion, a MOTION
was made by Commissioner Basso/Vice Mayor Blosser that this resolution be
adopted. Upon being polled, all the Commissioners voted AYE. The motion
carried 5-0.
REGULAR BUSINESS (Continued):
Item No. 2 - Discussion regarding landscaping at the Water Treatment Plant
oner Stewar
Commissioner Stewart stated that originally the amount of $12,500.00 was
budgeted for the landscaping and sprinkler system at the Town's Water
Treatment Plant in the City of Boca Raton. The bill from Rainbow
Landscaping, Inc. is $7,084!.541. The bill from Windmill Sprinklers (con-
tracted for by former Mayor Horton) is $2,195.00. This leaves a balance of
• $3,325.00. Rainbow Landscaping has agreed to relocate the Oleanders (on
Federal Highway side) and ficus (on the South border), at no extra cost to
the Town, in order to give thin more space in which to grow to their full
Minutes of Town Commission Regular Meeting
April 2, 1985 Page 7 of 8
U
height and will remove the necessary sod and fill in as needed, also. As
they were planted, it left no room for their natural growth and would have
required substantially more pruning maintainance, which the Town did not
want. Commissioner Stewart proposed the additional planting of tall
Oleanders to screen the well pump building and proposed that Springeri Fern
be planted around the bases of all the trees on this site (as preventive
maintainance), with funds for this additional planting coming from the
balance left over from the budgeted amount. The plants need to be moved
now, before they get established. The consensus was to go ahead and have
the plants relocated.
Commissioner Basso stated that at least a six foot high fence should be
also installed on this property to prevent animal and human trespassers,
since he feels the water plant is very important and should be protected.
Mr. Williams will check with the City of Boca Raton regarding the type of
fence that can be installed and will also get a price quote, since the
money is available in the budget. This matter will be discussed further at
the Workshop Meeting on April 30, 1985.
BILLS FOR APPROVAL:
Board of County Commissioners ....................$56,247.50
(Fire Rescue Services)
• Dilworth, Paxson, et al ..........................$19,787.19
(Legal services 1/1/85-2/28/85)
Harvel & Deland ...................................$5,020.88
(Removal cross connections - mains between
WTP and A-1-A)
Rainbow Landscaping, Inc ..........................$7,080.50
(Landscaping at WTP)
Southland Controls Co... .. .................$561.94
(Repairs Chlorinator & Lime Slaker)
South Florida Air-Conditioning ......................$696.00
(Coil & installation - Municipal Center)
Windmill Sprinkler Co .............................$2,195.00
(Water Treatment Plant Landscaping Project)
TOTAL $91,589.01
MOTION was made by Commissioner Basso/Vice Mayor Blosser to approve the
bills as submitted. All Commissioners voted AYE.
•
•
Minutes of Town Commission Regular Meeting
April 2, 1985 Page 8 of 8
Commissioner Grier asked about the disposition of a letter received
recently from the Board of Directors of the Villa Magna Condominitun
regarding the painting of the Holiday Inn roof and was told that this was
an agreement between two neighbors. The boat dock request by the Holiday
Inn was denied.
Commissioner Grier asked about a memo and Commissioner Stewart said she
will bring up the matter of unsafe parking on the DOT right of way along A-
1-A (which she stated in a Memo dated 3/17/85), at a later time.
There being no further business to come before the Town Commission, the
Regular Meeting of the Town Commission was adjourned at 4:00 p.m., with a
MOTION by Commissioner Basso/Vice Mayor sser.
APPROVED:
Edward J. Sulli n, Mayor
r(lc~...~, ~ u,..a.Q_ Q ~ ~rn e.,
Mary L rise G. B1 ser, Vice Mayor
~~~,ff sso,/ Coim~issioner
William A. Grier,`Commissioner
~~ i a~
Bett Jean Stewart, Commissioner
ES
To Jerk ~ (Seal)
DATE: -~
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