1985.11.04_TC_Minutes_Regular...
TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
REGULAR MEETING
Monday, November 4, 1985 1:30 P.M.
The 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 Commissioners John J. Basso, William A. Grier
and Betty Jean Stewart. Vice Mayor Mary Louise G. Blosser was absent.
Also present were Town Attorney Thomas E. Sliney; Town Manager Hugh
D. Williams; Town Clerk Mary Ann Mariano and members of the general
public.
Roll Call was taken and the Pledge of Allegiance to the Flag given.
Upon MOTION by COMMISSIONER BASSO/COMMISSIONER GRIER, the following
Minutes were approved as published:
September 24, 1985 - Workshop Meeting
September 24, 1985 - Special Meeting re Budget
October 1, 1985 - Regular Meeting
• The MOTION carried unanimously. Commissioner Stewart noted for the
record that she had been absent for the subject meetings, however,
she had listened to the tapes and read the Minutes.
Under Public Comments and Requests, Dr. Otto Weiss of 3215 South
Ocean Boulevard addressed the Town Commission expressing his concern
for the carcinogens in the Town's water. The Town Manager advised
Dr. Weiss of the state and federal requirements promulgated, all of
which the Town was in compliance with. Commissioner Stewart also
advised Dr. Weiss that the Town Commission would be discussing the
matter of the Water Treatment Plant and the quality of the water
itself at the November 26, 1985 Workshop Meeting and invited Dr.
Weiss to attend at that time.
Mr. Michael Dent addressed the Town Commission regarding the pending
request of Teron International (Royal Highlands) for approval of
plans, urging the Town Commission to make their decision today.
REPORTS - TOWN COMMISSION:
Mayor Edward J. Sullivan -
Mayor Sullivan urged the Town Commission to complete its work early
in order to allow staff time to set up for the beach bond election to
take place on November 5, 1985. Further, Mayor Sullivan urged the
citizens to exercise their right and vote.
Vice Mayor Mary Louise Blosser - Absent
. Town Commission Regular Meeting
November 4, 1985
Page 2 of 8
Commissioner John J. Basso - No report.
Commissioner William A. Grier -
Commissioner Grier distributed a newspaper article dated November 3,
1985 from the New York Times entitled "The Struggle to Provide
Drinkable Water", which article expresses the thought that the water
problem might not be in the quality of the operation of the water
plants in general, but with the aquifiers themselves. Commissioner
Grier asked that the Town Manager verify the fact that Boca Raton and
Delray Beach were equipped to handle this problem. Further,
Commissioner Grier noted that although the state and federal govern-
ment might have regulations, were they in fact adequate. The Town
Manager was directed to contact the Department of Health as well as
the Department of Environmental Regulation to determine what their
opinion was as to the adequacy of the requirements and what, if
anything was being done about upgrading the requirements. This
matter will be further discussed at the November 26, 1985 Workshop
Meeting.
• Commissioner Grier further reported on a Financial Advisory Board
Meeting held at which the matter of the computerization of the
Finance Department was discussed. Commissioner Grier transmitted the
FAB's recommendation that the Town's Auditors, Coopers and Lybrand,
be asked to study this matter and make a recommendation to the Town.
Commissioner Betty Jean Stewart -
Commissioner Stewart read a letter from herself, dated November 5,
1985 to the Water Treatment Plant staff, congratulating them on the
favorable inspection reports received from the Department of Health
and Rehabilitative Services, as well as from the Department of Envir-
onmental Regulation.
Commissioner Stewart reported that she had attended a meeting in
Delray Beach on October 31, 1985, sponsored by the Palm Beach County
Soil and Conservation District, entitled "Coastal Plant Seminar".
The main topic discussed was the beach restoration and funding
mechanism used by Delray Beach. Commissioner Stewart noted that she
had learned of various species of trees which could be used on beach-
front property, as well as other useful information. The information
obtained from the seminar was given to Mr. Leonard, Alternate Member
on the Palm Beach Countywide Beaches and Shores Council for review,
after which it will be given to the Town for its records.
REPORTS - TOWN ATTORNEY: No Report.
• Town Commission Regular Meeting
November 4, 1985
Page 3 of 8
REPORTS - TOWN MANAGER:
The Town Manager reported that the Town Hall would be closed on
November 11, 1985 for the Veteran's Day Holiday. Town Hall will also
be closed on November 28 and 29, 1985 in observance of the Thanks-
giving Holiday.
Mr. Williams reported that the additional $500,00 liability insur-
ance to be provided by the Florida League of Cities, which had been
tentatively approved at the Workshop Meeting, was not available.
Commissioner Stewart requested an opinion from the Town Attorney re-
garding the policy of members of the Police Department administering
oxygen to residents on an emergency basis during the absence of para-
medics from the Palm Beach County Fire/Rescue Department. It was
noted that this practice was necessitated from the recently reported
fact that the fire/rescue vehicles had been called out of Highland
Beach to answer calls in the unincorporated areas of the county.
Both Commissioner Stewart and Commissioner Basso expressed concern
regarding the liability the Town was taking on with such a practice.
Attorney Sliney indicated that the Town was in fact taking on a duty
. that it was not obligated to do and therefore, was taking on a
liability. Chief Cecere advised that the police officers were all
certified in CPR and how to administer oxygen. The Town Attorney
noted that the more training the officers have, the better defense
the Town would have against any lawsuit, however, the liability still
existed. Commissioner Basso requested the Town Manager to check with
surrounding towns to find out their practices with regard to these
circumstances. Attorney Sliney also cited a Sun Sentinel article of
this date dealing with public officials liability, which he would
forward to the Town for their information. The Town Manager noted
that all charter officials were covered by an errors and omissions
policy in addition to .the general liability insurance. The matter of
the fire/rescue vehicles leaving Town to respond to calls will be
addressed at the November 26, 1985 meeting. at which time Chief Frye
will be invited to attend. It was noted that it was the position of
Palm Beach County that a back up be provided, however, such back up
would have to come from the unincorporated areas of the county.
Commissioner Grier noted that maybe we could arrange for back up from
Delray Beach or Boca Raton. This entire matter will be looked into
by the Town Manager and addressed at the November 26, 1985 Workshop
Meeting.
REPORTS - BOARDS AND COMMITTEES:
a) Board of Adjustment - No November Meeting Scheduled
1 Regular Member Vacancy
I'
LJ
• Town Commission Regular Meeting
November 4, 1985
Page 4 of 8
Pursuant to the recommendation submitted by Chairman Schiff, MOTION
was made by COMMISSIONER STEWART/COMMISSIONER BASSO that A. M. Fox be
elevated to the Regular Member vacancy for a term of three years, and
further that David Augenstein be appointed an Alternate Member for a
term of one year. This MOTION carried unanimously.
b) Code Enforcement Board - Will meet 11/20/85 at 9:30 a.m.
3 Regular Member Vacancies
Pursuant to the recommendation of Chairman Scholz, MOTION was made by
COMMISSIONER BASSO/COMMISSIONER STEWART to re-appoint Robert Myers
and Alfred Novak as Regular Members for terms of three years, and
further to appoint Dr. Joseph W. Sieff as a Regular Member for a term
of three years. This MOTION carried unanimously.
c) Community Appearance Board - Will meet 11/27/85 at 9:30 a.m.
1 Alternate Vacancy
Mr. Guy Galizia, Vice Chairman was present and reported on the meet-
ing of the CAB of October 31, 1985 and their recommendations which
included the approval of the Casuarina, Royal Highlands, and Stasinos
matters before them. Mr. Galizia also advised that Talent Bank app-
licant Lydia Zuccaro attended the CAB Meeting. It was further the
recommendation of the CAB to re-appoint Mr. H. C. Arnold as an
Alternate Member. Vice-Chairman Galizia reported that the CAB feels
that the Coronado Clubhouse is in violation of the Town's sign
ordinance. It was also noted that Mr. Hackman of the Edgewater Town-
houses had not met the requirements that the CAB had requested, re-
garding four trees which had been removed from the right-of-way. Mr.
Williams noted that Mr. Hackman had deposited the amount of $200.00
as a bond for the faithful performance of this matter. MOTION was
made by COMMISSIONER STEWART/COMMISSIONER BASSO to authorize the
staff to proceed with the necessary work using the $200.00 deposited
by Mr. Hackman with the Town to accomplish same. The MOTION carried
unanimously.
MOTION was then made by COMMISSIONER STEWART/COMMISSIONER GRIER that
Mr. H. C. Arnold be re-appointed as an Alternate Member for a term of
one year. This MOTION carried unanimously.
d) Financial Advisory Board - Will meet 11/20/85 at 10:00 a.m.
e) Library Board - Will meet 11/20/85 at 9:30 a.m. - Board Meeting
11/22/85 Program "Trip to China Today"
f) Planning Board/Local Planning Agency - Will meet 11/13/85 at
9:30 a .m.
• Town Commission Regular Meeting
November 4, 1985
Page 5 of 8
g) Police Advisory Board - Will meet 11/25/85 at 10:00 a.m.
1 Alternate Member
Commissioner Stewart nominated Lydia Zuccaro for the Alternate
appointment to this Board, noting that Ms. Zuccaro had requested the
PAB as one of her choices on her Talent Bank Application. Mayor
Sullivan noted that Ms. Zuccaro had only lived in Town for 3 1/2
months, and further noted Mr. Blums comment regarding having two
members from the same condominium. Commissioner Grier noted that
although Ms. Zuccaro lived in the same condominium complex, she lived
in a different building than another member of the PAB. Further,
Commissioner Grier noted that he was favorably impressed with Ms.
Zucarro, and noted that since she attended the CAB meeting, that
maybe she would prefer that Board. Mr. Savino of the CAB was present
and noted that Ms. Zucarro indicated, after her attendance at the CAB
Meeting, that she would prefer serving on the PAB inasmuch as her
father had been a Chief of Police and her interest was more in that
area. It was noted that Ms. Zuccaro was planning on attending the
PAB Meeting to be held on November 25, 1985. The matter of this
appointment was tabled until after Ms. Zuccaro attends the PAB
• Meeting.
PROPOSED ORDINANCES AND RESOLUTIONS:
Prior to reading the Ordinances, Commissioner Grier inquired whether
these Ordinances had to be read fully, or enough to adequately iden-
tify that which was being read. Attorney Sliney noted that under the
law, the ordinances must be read thoroughly.
1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA
AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE
TOWN OF HIGHLAND BEACH, ENTITLED, "BUILDINGS", SECTION
7-l.l ENTITLED "AMENDMENTS TO STANDARD BUILDING CODE"
AMENDING SECTION 107.4 OF THE STANDARD BUILDING CODE
PROVIDING FOR BUILDING PERMIT FEES.
This Ordinance was read in full by the Town Attorney with minor
amendments for clarification, after which MOTION was made by
COMMISSIONER STEWART/COMMISSIONER BASSO to adopt same. The Town
Clerk polled the Town Commission and the MOTION carried unanimously.
2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA
AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES
ENTITLED "PLUMBING", SECTION 19-2 ENTITLED "SAME-
AMENDMENTS, DELETIONS AND ADDITIONS", AMENDING SECTION
106.3 OF THE STANDARD PLUMBING CODE ENTITLED "SCHEDULE
• OF PERMIT FEES".
This Ordinance was read in full by the Town Clerk, after which MOTION
was made by COMMISSIONER BASSO/COMMISSIONER STEWART to adopt same.
The Town Clerk polled the Town Commission and the MOTION carried
unanimously.
V
• Town Commission Regular Meeting
November 4, 1985
Page 6 of 8
3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA
AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES ENTITLED
"AIR CONDITIONING CODE", SECTION 3.6 ENTITLED "PERMIT
FEES FOR INSPECTIONS".
This Ordinance was read in full by the Town Manager, after which
MOTION was made by COMMISSIONER BASSO/COMMISSIONER GRIER to adopt
same. The Town Clerk polled the Town Commission and the MOTION
carried unanimously.
4.AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA
AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES. ENTITLED
"ELECTRICAL CODE", SECTION 9-3 ENTITLED "AMENDMENTS,
DELETIONS, ADDITIONS" AMENDING SECTION 8~.6 OF THE
UNIFORM MINIMUM COUNTY-WIDE AMENDMENTS TO THE NATIONAL
ELECTRICAL CODE AND DELETING SECTION 8.9(4) ENTITLED
"FEES".
This Ordinance was read in full by Mayor Sullivan. Commissioner
Grier noted a typographical error, after which MOTION was made by
COMMISSIONER BASSO/COMMISSIONER STEWART to adopt the Ordinance with
• the correction. The Town Clerk polled the Town Commission and the
MOTION carried unanimously.
REGULAR BUSINESS:
Items Left Over -
a) Six Year Limitation of Board Members
The following policy was submitted by Attorney Sliney for the Town
Commission's consideration:
1. The Town Commission hereby states its interpretation and intent
that the six-year limitation does not apply to time spent as an
alternate member. The six-year limitation shall apply only to
time spent as a regular member on an appointed Board.
2. In order for qualified members to be able to complete six years as
a regular member, future Board appointments should not exceed a
period of three (3) years per term.
MOTION was made by COMMISSIONER STEWART/COMMISSINER BASSO to adopt
the policy as stated above. The MOTION carried unanimously.
•
Town Commission Regular Meeting
November 4, 1985
Page 7 of 8
b) Setting date for hearing of Boca Highland request for extension of
time re RPUD.
Mr. Sliney explained that this request was made under Section 8.9(4)
of the Zoning Ordinance which required that extensions under the RPUD
provisions be addressed to the Town Commission. Attorney Sliney
further noted that this matter had been to the Planning Board, who
have recommended rejection of the extension. A Special Meeting will
be held by the Town Commission to consider this request on Tuesday,
November 26, 1985 at 1:0P! p.m. prior to the Workshop Meeting.
c) Requested approval of Stasinos Duplex.
Mr. Williams read a memorandum from Bruce Sutherland, Building
Official indicating that this project met all the requirements of the
Town Code and further that the Planning Board and the Community
Appearance Board had both recommended its approval. MOTION was made
by COMMISSIONER STEWART/COMMISSIONER BASSO to approve the Stasinos
plans. This MOTION carried unanimously.
d) Requested approval of Royal Highlands project.
Mr. Lawrence Schmidt, Vice President of Teron International, appeared
before the Town Commission. Various alternative plans were presented
by Mr. Schmidt. The earlier meeting of the Planning Board was noted
and a memorandum read by the Mayor from the Planning Board requesting
an amended set of plans be submitted by November 13, 1985, at which
time it would be again considered. Regarding the alternatives of the
Planning Board's directives, Commissioner Stewart suggested that two
plans be submitted. Mr. Schmidt indicated that he wanted some indica-
tion from the Town Commission as to what they would approve, and
further, that he requested the Town Commission to hold a Special
Meeting soon after the Planning Board's Special Meeting to try to
conclude the matter. Doris Rome, Vice Chairman of the Planning
Board, as well as Irving Saunders, Chairman of the Planning Board,
addressed the Town Commission giving further explanation of the dir-
ectives of that Board. Commissioner Grier did note that he was more
interested in the set backs of the project rather than the aperture.
Mayor Sullivan advised Mr. Schmidt that the Town Commission could not
comment on what it would or would not approve until the Planning
Board looks at the plans they are requesting. Commissioner Stewart
further cited the DNR permits and requested that the same be studied
by the developer for compliance. At the request of Mr. Schmidt, and
Stephen Moss, Attorney for Teron International, a Special Meeting to
discuss this matter was scheduled for Friday, November 15, 1985 at
10:00 a.m. Attorney Moss further urged the Town Commission to review
the July 17, 1985 Court Order regarding this project prior to the
Special Meeting.
Town Commission Regular Meeting
~• November 4, 1985
Page 8 of 8
BILLS FOR APPROVAL:
The bills submitted for approval were:
ADJUSTCO (Property Damage) $ 8,531.04!
ADJUSTCO (Liability Ins.) 5,L05.00
ALL-RITE PAVING (Bel Air Dr.) 61,495.84
STEPHEN A. DUSKIE (Town Hall Painting) 5,950.00
F. H. FOSTER OIL (Gas for vehicles) 1,978.13
Mar
TEST:
T CL RK
DATE: lZ-'~(rJr~ S
TOTAL ........................... $83,059.97
MOTION was made to approve the Bills by COMMISSIONER BASSO/COMMIS-
SIONER GRIER, which MOTION carried unanimously.
There being no further business to come before the To r~_Commission at
this time, the meeting was adjourned'a~-405 p.m. ~\
APP ROVED : .~ c. Lam. ~ ' ~ ~~°L'
E ward J. Su iv , Mayor
. Blosser,
• ,
.GG~~~
Bet Jean Stewart, Commissioner
