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1985.05.07_TC_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, May ?, 1985 1:30 P.M. The Regular Meeting of the Town Commission was called to order by Mayor Edward J. Sullivan at 1:30 p.m. in the Town Commission Chambers. Also present were Vice Mayor Mary Louise G. Blosser, and Commissioners John J. Basso and Betty Jean Stewart. Commissioner William A. Grier was absent. Also present were Town Attorney Thomas E. Sliney; Town Manager Hugh D. Williams; Town Clerk Mary Ann Whaley; citizens and the general public. After the Roll Call, Mayor Sullivan welcomed the residents to the meeting and the Pledge of Allegiance was given. Upon MOTION by COMMISSIONER STEWART/VICE MAYOR BLOSSER, the following Minutes were approved by a unanimous vote: March 13, 1985 - Special Meeting/Canvassing Board March 26, 1985 - Workshop Meeting March 26, 1985 - Special Meeting April 2, 1985 - Regular Meeting April 18, 1985 - Special Meeting Public Comments and Requests: • Mr. Michael Dent reported that the Bel Lido beach access steps had been repaired. Mr. Dent also asked for review of the material used to fill sand at Coco de mer. Commissioner Stewart reported that she had been in contact with Red Taylor of the Department of Natural Resources and all work has been done under a permit from the DNR and in conformance with their regulations. This matter will be checked further to determine whether sea oats will be planted where sod has been laid. Mr. Dent also transmitted a request from Mrs. Harbin, newly elected Presi- dent of the Bel Lido Property Owners Association, asking that Royal Highlands be requested to clean their beach area. Mr. Ed Schmidt, Mrs. Hazel Field and Mr. Hank Crowell of Bel Lido Island addressed the Town Commission requesting reconsideration of the Town's ordinance prohibiting "Open House" signs on sites other than the site for sale. The Town Commission responded indicating that there may be an identification problem for those streets in Bel Lido Island and that perhaps a street sign indicating those streets within the Island would solve some of the problem. The requested amendment to the sign code will be placed as a matter for discussion on the May Workshop Agenda. Mr. Robert Moresi and Mr. Gary Whit, representing Camp Dresser and McKee, the Town's engineers, addressed the Town Commission regarding Town Commission Regular Meeting May 7, 1985 Page 2 of 7 their proposal for the engineering services involving the construction of a monitoring well required by the South Florida Water Management District, and a proposed study of existing wellfields and evaluation of the town's future needs. It was noted by Mr. Moresi that CDM's original quote regarding the construction of the monitoring well was based on CDM handling the entire project, including the procuring of the contractor. Inasmuch as it was the opinion of the Town Attorney that according to Florida Statutes, and the fact that this was the expansion of a utility in excess of $1,000.00, the Town should bid the project itself, Mr. Moresi submitted a revised quote of an additional $4,600.00 on this project. This brought the engineering cost of the project to the amount of $10,100.00. Commissioner Stewart questioned whether any of the Town's existing test wells not now in use could be altered to function as the proposed monitoring well, as shown on a previous map of the wells and the proposed wells on the Town's Boca Raton property. It was the determination of Mr. Moresi that this was not possible inasmuch as the wells were cement plugged and would cost more to open than to drill a new well. Also, the existing wells would not meet the criteria of the SFWMD as to location for the monitoring well. Inasmuch as an additional $4,600.00 was incurred on Task 1 of CDM's proposal, being the installation of the required monitoring well, and a memorandum from the Finance Department indicating that funds only existed in amounts enough to cover Task 1, it was the consensus of the Town Commission that this Task be approved, and the remaining Tasks under Phase I of • CDM's proposal be deferred until evaluation of the Town's fiscal condition with regard to the enterprise funds. A Resolution authorizing the entering into of an agreement with CDM for engineering services with regard to this was submitted by the Town Attorney, and amended by the Town Manager to cite the SFWMD requirement for the monitoring well, as well as limiting the engineering cost not to exceed the amount of $10,100.00. The Town Manager read the Resolution, after which MOTION was made by COMMISSIONER BASSO/VICE MAYOR BLOSSER to adopt the Resolution, as amended. This MOTION. carried unanimously. Reports - Town Commission: Mavor Edward J. Sullivan Mayor Sullivan reported on the proposed formation of a South County Council of Governments as well as the Palm Beach County Beaches and Shores Council, which he noted would be addressed later in this meeting. The Mayor noted that he had visited a neighboring Town to observe their computer operations. The Mayor then reported on pending legislation affecting municipalities noting that with regard to the Group Homes legislation, which detri- mentally affects municipalities, Representative Press had voted in favor of said legislation, while Representative Hanson had opposed it. i'i'he Mayor further noted that the Town had received Governor Graham's proposed Master Plan for the State, which is under consideration by the Town Commission Regular Meeting May 7, 1985 Page 3 of 7 State Legislature. Vice Mayor Mary Louise G. Blosser - The Vice Mayor commended the Town Staff for their assistance in compiling requested information for her. Regarding the Royal Highlands beach cleaning problem which was brought up under Public Comments and Requests, the Vice Mayor noted that the Town Commission had methods of enforcing this matter under Section 8.02 of the Town Charter and asked that this matter be placed on the May Workshop. The Vice Mayor reported on her attendance to the meeting involving the proposed South County Council of Governments indicating that information had been placed on the clipboard. The Vice Mayor expressed some concern regarding the voting methods and funding methods being proposed, and urged Mayor Sullivan to attend the next organizational meeting. Commissioner John J. Basso - • Commissioner Basso reported on the receipt of the Final Report from Greeley and Hansen on the Highland Beach/Delray Beach Sewer Issue and recommended its acceptance at the appropriate time in the meeting. Commissioner Basso also addressed the Town Commission regarding the cable television franchise agreement, noting that although federal law had pre-empted the Town from requiring approval prior to any rate in- creases, the Town does have the right to re-evaluate the franchise fee, and had not done so in the past five years. This matter will be consid- ered at the May Workshop Meeting. It was also recommended that the Town exercise its right to inspect the records of the cable television company. Commissioner Betty Jean Stewart - Commissioner Stewart noted that the receipts for this year from the cable television franchise, as well as other accounts i.e. telephone franchise, tax receipts, appear to be below that for the previous fiscal year and requested a report on this matter, as well as noting anticipated revenues in these and all the revenue accounts. Commissioner Stewart also submitted a written report on her findings as she studied the files of the utilities department giving pertinent date and action information to the Town Commission, as well as an up-to-date landscaping report. • Upon inquiry by Vice Mayor Blosser, it was noted that Jack Lee, of the Town Commission Regular Meeting May 7,, 1985 Page 4 of 7 .Water Treatment Plant, had submitted a report regarding testing pro- cedures, which report had been given to the Town's engineers for study. Further, Commissioner Basso cited an article in The Monday Paper noting the quality of the water in Boca Raton, with specific emphasis on the low level of THM's in the water. The Town Manager will meet with the Boca Raton water officials to see what the Town Can do to lower its THM level. Reports - Town Attorney: Attorney Sliney reported that depositions in the Ocean Terrace lawsuit had been scheduled for May 9, 1985. Mr. Sliney also noted that he had submitted a Resolution regarding the entering into of an Interlocal Agreement to join the Palm Beach County Beaches and Shores Council, as well as a proposed ordinance placing the creation and membership of the Board of Adjustment in Chapter 2 of the Town Code. Reports - Town. Manager: The Town Manager deferred his report until the Highland Beach/Delray Beach matter was discussed. Re orts - Boards and Committees: •a) Board of Adjustment - Will meet on 5/9/85 at 1:30 p.m. A Regular Member vacancy exists. It was the recommendation of the Board of Adjustment to appoint Mr. Arbetman, an Alternate Member to the Regular Member position. MOTION was made by COMMISSIONER STEWART/VIGE MAYOR BLOSSER to appoint Mr. Arbetman as a Regular Member to the Board 'of Adjustment for a three year term. The MOTION carried unanimously. It was noted that this created an Alternate vacancy on this Board which would be discussed at the May Workshop Meeting. The Town Clerk will invite any new talent bank applicants to attend this meeting for inter- views. Mr. Schiff indicated that problems may arise during this summer as several members will be out of town and requested that the Town Commission take this into consideration on future appointments. b) Code Enforcement Board - Will meet on 5/15/85 at 9:30 a.m. c) Community Appearance Board - Will meet on 5/30/85 at 9:30 a.m. Alternate #1 vacancy exists due to the expiration of term of Helene Harris. It was noted that the CAB recommended the re-appointment of Mrs. Harris. MOTION was made by COMMISSIONER BASSO/COMMISSIONER STEWART to re-appoint Mrs. Harris as Alternate #1 for a period of one year. The MOTION carried unanimously. Town Commission Regular Meeting May 7, 1985 Page 5 of 7 Vice Mayor Blosser noted for the benefit of Mayor Sullivan that the previous Town Commission had re-evaluated the process of appointment of board members eliminating the recommendations of the boards themselves. Mayor Sullivan felt that the Town Commission should interview prospec- tive applicants, however, .had no objection to the boards making any recommendations to the Town Commission. Mayor Sullivan indicated that a board's recommendation in no way made any appointment "automatic". With regard to the board reports, Commissioner Stewart advised that the Greening Committee had planted 41 new trees in Town. Mayor Sullivan commended the work of the Greening Committee and felt they deserved more recognition than they had been given in the past for their work and dedication. d) Financial Advisory Board - Mr. Reese James, Chairman, was present and requested that when the Town Commission considered revising the method of appointment, they please ask the appropriate board for comments prior to any appointments being made. Commissioner Stewart noted the copy of the Financial Advisory • Board minutes on the clipboard and commended the FAB for the fine job they are doing. e) Library Board - Will meet on 5/10/85 at 10:08 a.m. Mrs. Liane Novak, President, was present and gave a status report on the Library, including the fact that there are now 1,370 library card holders in the Town. Mrs. Novak also praised the work of Ann Hermann, the Town's Librarian. f) Planning Board/Local Planning Agency - Will meet 5/8/85 at 9:30 a.m. A Regular Member vacancy due to the resignation of William Wernecke. Alternate #2 vacancy due to the expiration of the term of Amelie Leng. MOTION was made by VICE MAYOR SLOBBER to re-appoint Mrs. Leng to the Alternate #2 position on the Planning Board. As there was no Seconder to the MOTION, the MOTION was withdrawn by the VICE MAYOR. MOTION was then made by COMMISSIONER STEWART/COMMISSIONER BASSO to appoint Mrs. Leng to the Regular Member vacancy due to Mrs. Leng~s dedication and qualifications over the past years. COMMISSIONER STEWART and COMMIS- SIGNER BASSO voted aye. MAYOR SULLIVAN and VICE MAYOR SLOBBER voted nay. The MOTION did not carry. Mayor Sullivan indicated that the reason for his nay vote did not reflect on Mrs. Leng's performance or qualifications, however, if the Town had adopted a policy of interview- ing new potential applicants for positions, then the policy should be adhered to. Commissioner Stewart pointed out that there would still be an Alternate position available to any qualified candidate. Town Commission Reg3,}lar Meeting May .7, 1985 Page 6 of 7 • g) Police Advisory Board - Mr. Lowell Blum, Chairman was present and discussed removal of the telephone booth from in front of the Police Station, concern over the parking and speed along AlA, the provision of signs along the ocean warning of the tides, and the pending hurricane season and planned seminar. Commissioner Stewart inquired about a reply to her memo re- garding parking problems written in March. Mr. Blum stated he did not have the memo. Proposed Ordinances and Resolutions: The following Ordinance was submitted for first reading by Attorney Sliney: AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING AN ORDINANCE ENTITLED "BOARD OF ADJUSTMENT; ADMINISTRATION" TO BE INCLUDED IN THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, CHAPTER 2, ENTITLED "ADMINISTRATION". This Ordinance was read by title only by the Mayor, and will be scheduled for discussion at the May Workshop Meeting with possible adoption at the June Regular Meeting. The language of the membership provisions, as well as language in Section "D" was discussed, said • matters to be further discussed at the May Workshop Meeting. For Final Reading: AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 30 ENTITLED "ZONING" SECTION 4.4(e)(8), SECTION 4.5(e)(8), AND SECTION 4.6 (e)(8) ALL ENTITLED "HIGH-RISE SETBACKS" FOR THE PURPOSES OF CLARIFICATION OF HIGH-RISE SETBACK REQUIREMENTS. Mayor Sullivan read this Ordinance in its entirety, after which MOTION was made by COMMISSIONER BASSO/COMMISSIONER STEWART to adopt same. Upon roll call vote, all Commissioners voted aye. A Resolution of the Town of Highland Beach regarding the Palm Beach Countywide Beaches and Shores Council and Interlocal Agreement was then read by the Mayor. The appointment of Commissioner Stewart was encom- passed within the body of the Resolution. MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER BASSO to adopt the Resolution, which MOTION carried unanimously. A question arose as to the appointment of an Alternate Member, which matter will be addressed at the May Workshop Meeting. Items Left Over: It was noted that the matters of the joining of the Palm Beach beaches • and Shores Council, including the appointment of Commissioner Stewart, as well as the matter of the contract with Camp Dresser and McKee (the Town's Engineers regarding the construction of a monitoring well had been handled earlier in the meeting. The matter of the Highland Beach/Delray Beach Sewer Issue was taken up as an Item Left Over. Discussion was had regarding the method of Town Commission May 7, 1985 Page 7 of 7 Regular Meeting payment. Mr. Williams noted that he had received no response from the letter which the Town carried to Delray Beach attempting to pay the amounts as provided for in the Joint Stipulation. Attorney Sliney noted his disappointment in Delray's handling of this matter. MOTION was made by COMMISSIONER BASSO/COMMISSIONER STEWART to accept the Greeley and Hansen Final Report. This MOTION was amended to authorize payment by the Town in accordance with the previous agreement between Highland Beach and Delray Beach. The AMENDED MOTION carried unanimously. It was the consensus of the Town Commission that the Town Attorney write the letter of transmittal with the check for $160,0041.00 as provided for in the Joint Stipulation previously entered into. Consent Agenda: Acceptance of proposed amendment to Palm Beach County Fire/ Rescue Ordinance. MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER STEWART to approve the Consent Agenda, which MOTION carried unanimously. Bills for Approval: The following Bills were submitted for approval: Palm Beach County Fire/Rescue Service $17,2801.63 Rainbow Landscaping 4,800.00 TOTAL $22, 0180.63 With regard to the bill for Rainbow Landscaping, the Town Manager noted that purchasing procedures should be implemented to require any boards who are appropriated funds to bid certain items in addition to Town purchases. Upon proper Motion and second, he m etin as a ourned at 3:35 p.m. APPROVED: ward J. livan, Mayor Mary L~~ise G. Blosser,Vice Mayor J~elrin J.so, commissio r ~ A`~SENT liam A. Grier, Commissioner Bet Jean Stewart, Commissioner ATTEST: i TOW. LERK DATE: