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1984.02.07_TC_Minutes_Regularc „ TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, Februa ~ 7, 1984 1:30 P.M. A Regular Meeting of the Town Commission was called to order 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, Commissioners William E. Paul, Betty Jean Stewart and Harry Walker. Also present were Town Attorney, Thomas E. Sliney; Chief of Police, Ken Jones; Town Clerk Mary Ann Whaley; citizens and the general public. Town Manager Elaine W. Roberts was absent due to illness. The Pledge of Allegiance was given. Approval of Minutes - December 6, 1983 December 27, 1983 December 27, 1983 December 27, 1983 January 3, 1984 - January 19, 1984 Regular Meeting - Workshop Meeting - Special Meeting - Public Hearing (Moratorium Ordinance) Regular Meeting Special Meeting With regard to the December 6, 1983 Regular Meeting minutes, at the request of Commissioner Stewart, the following sentence was added to the discussion regarding the Milord/Camino Cove matter: Chapter 30, Sec. 5.11 (b) was read in full by Commissioner Stewart with regard to this project. Sec. 5.3(b) was also cited by Commissioner Stewart and read in part. MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER STEWART that the minutes be approved as submitted with the amendment of the December 6, 1983 Regular Meeting minutes. All voted aye. Public Reauests- Mr. Joseph Moss, Utilities Director, addressed the Town Commission indicating a desire to be allowed to make proposals on minor engineer- ing problems regarding the various lift stations. Mr. Moss indicated • that this could possibly save the Town money in engineering costs. The Town Commission expressed no objection to this request. Town Commission February 7, 1984 page 2 of 12 Regular Meeting Mr. David Custauge, Secretary of the Highland Beach Civic League requested permission to use the Town's mailing list at Secretarial Services to send notices for solicitation of membership in the Civic League. It was the consensus of the Town Commission that permission be granted since this was not a fund raising endeavor, however, the Town Commission further indicated that each such request should be judged on an individual basis. Mr. Jerome Milord of Camino Cove addressed the Town Commission desiring information as to how to proceed in order to gain final approval on this project. During discussion, it was noted that the CAB had never given approval on the 6' wall requested on the front line of the property and it was questionable as to whether the Planning Commission had given approval of same. With respect to this matter, Mr. Milord was directed to re-submit the plans for the wall to the CAB and to the Planning Commission if it was determined that this approval had not been obtained earlier. With respect to the question regarding the set back requirements of the pool on Russell Drive, it was the opinion of the Town Attorney that the set back requirements had been met, citing Section 5.3 (b) of Chapter 30. Attorney Sliney • recommended that in connection with Commissioner Stewart's concern regarding the placement of swimming pools in front yards, that this matter should be addressed during the discussions regarding the zoning revisions now in progress. With regard to the request for the 6' wall on the rear of the property, Mr. Milord was advised that all .that was necessary to comply with the code was permission fresm abutting property owners in writing, submitting same to the Town. Mr. Larry Sorenson of Federal Maintenance, the contractors who re- paved the pedestrian path, addressed the Town Commission requesting the balance of the money owed on that contract. The Town Clerk advised the Town Commission that a representative of the Town's engineers, CDM, had inspected the path the day before and found concern with one area in which water was standing and several areas where the edges were fraying due to the lack of proper stablization of the asphalt. The Town Clerk further advised that according to the engineers, that the problem regarding the water could not be held against the con- tractor as no specifications regarding grading had been made a part of the contract, however, the fraying asphalt needed further attention. The Mayor advised Mr. Sorenson that this matter would be resolved at an early date. Town Commission February 7, 1984 Regular Meeting Page 3 of 12 Mr. Michael Dent addressed the Town Commission concerned about the proposed elimination of fire protection services and paramedic ser- vices as now provided by the Del Trail Fire District. The Mayor advised Mr. Dent and the general public that although Palm Beach County had not acted on this matter, he assured that the Town would be pro- vided with ample time to make a decision regarding the provision of these services prior to the elimination of same. REPORTS: TOWN COMMISSION MaYOr Horton - Mr. John Basso was ~'esent regarding the Delray Beach/ Highland Beach Sewer Issue. The Mayor read a memorandum from the Citizens Mediating Board which recommended that the two involved municipalities accept the bid of Greeley and Hansen, Engineers in the amount of $6000.00 for services to be rendered in this matter. The memorandum pointed out that due to the problems encountered with the low bidder, • this recommendation was to award the contract to the second low bidder. COMMISSIONER WALKER/VICE MAYOR BLOSSER made a MOTION to accept the. second low bid from Greeley and Hansen and authorized the execution of a contract for the engineering services. All voted aye. Mayor Horton reported on a request from the Hospice program regarding permission to use the Town's mailing list to mail information to Town residents, and further requested permission to use the Town facilities for meetings. It was the consensus of the Town Commission that the mailing list not be used, however, the Mayor was directed to contact the Hospice organization with a view toward the inclusion of information in the Town Bulletin. It was also determined that the Town facilities should not be used for a private organization and it was suggested that the Library might consider working with the Hospice in bringing an awareness program to the residents of High land Beach. Discussion was had regarding the new Southern Bell/AT&T telephone bills and it was determined that further clarif- ication on the charges should be requested. This matter • will be discussed at the February Workshop Meeting. Town Commission • February 7, 1984 Regular Meeting Page 4 of 12 Vice MaYOr Blosser - Reported that in connection with the proposed Evaluation Committee, Dr. Tomeski has offered to make himself available to meet with the Chairman of the FAB and any other interested members of the Town Commission on this matter. A meeting will be set as soon as the Town Commission resolved the meetings necessary for the zoning review. Requested that the DER be notified that the Town has no objections to the Seascape project, but they be further advised that this was a privately funded endeavor and not Town funded. Mayor Horton will write an explanatory letter to the DER in this respect. Regarding the comment time to respond to DNR regarding the Ocean Properties dock (Holiday Inn), the Vice Mayor recommended that a letter be written stating that • other issues involving the Planning Commission and approval of davits needed to be resolved prior to the Town's final comments could be made. It was the consensus of the Town Commission to accept the Vice Mayor's recommendation on this matter. Commissioner Paul - Regarding a letter dated Deeember 12, 1983 from CDM with reference to the addition of disenfectent in the Town water, Commissioner Paul indicated that Larry Adams of CDM would address the Town Commission at the February Workshop to clarify this matter. Commissioner Stewart - Reported that she would attend a reception given by Bethesda Hospital on February 9, 1984. Advised that she had not yet received a copy of a letter regarding a second legal opinion on the Milani matter obtained about a year ago as requested at the • January 31, 1984 Workshop Meeting. Town Commission February 7, 1984 • Regular Meeting Page 5 of 12 Advised that she had not yet received the guidelines or policy used when the Town undertakes a project as requested at the January 31, 1984 Workshop Meeting. In connection with a memorandum sent to the Town Commission by the Town Manager on January 27, 1984 regarding plates being placed on dedicated trees, Commissioner Stewart reminded the Town Commission that this project was approved in November of 1983 and was further noted in the December issue of the Bulletin. Commissioner Walker - No report. REPORTS: TOWN ATTORNEY - Attorney Sliney submitted a proposed letter to be sent to Attorney Daniel James on the Milani issue as • requested at the January 31, 1984 Workshop Meeting. This letter will be discussed at the February Workshop. Attorney Sliney also advised that the Highlands Place matter would be further reported on at the February 28, 1984 Workshop, however, as far as the commencement matter was concerned, it was his opinion that work on the Highlands Place project has in fact "commenced" within six months of the issuance of the building permit.. Attorney Sliney further advised that with regard to the Beach Walk West matter and the County Sanitation matter, both of these would be reported on further at the February Workshop. With regard to County Sanitation, the Town Clerk advised that the Town Commission should formally approve the recommended change in the garbage fees as outlined at the January 31, 1984 Workshop Meeting. The change recommended was: To charge all multi-family units in Town (except residential rentals, transient rentals and the Holiday Inn) $6.50 for each of the first four units and $4.50 per unit thereafter. That would include each apartment building as well as any smaller multi-family units i.e. seven plexes, six plexes, five plexes, etc. • Town Commission February 7 , 1984 Regular Meeting r Page 6 of 1~ MOTION was made by COMMISSIONER WALKER/COMMISSIONER PAUL to approve the recommended changes in the garbage collection charges. All voted aye. REPORTS: TOWN MANAGER - (This report was given by the Town Clerk in behalf of the Town Manager) The items reported on were: Information obtained regarding the principals of County Sanitation which had been supplied to the Town Attorney. That according to the Del Trail records, 184 paramedic and 115 fire and other calls were recorded in Highland Beach for 1983 (The Town Commission requested further breakdown of the 115 fire calls). The referral of the matter regarding Town Postcards to the Library. Cable TV having been given approval for the installation of the requested antennae on the water tower. A letter that had been written to Stevenson Design requesting an update on their construction schedule regarding the pro- perty located adjacent to the Water Plant (Attorney Sliney indicated that he had written to Attorney Swan requesting an extension on the Town's landscaping responsibility). The matter of bi-monthly billing for utilities as well as the request for additional Finance Department personnel being delayed pending the receipt of a proposal from Neptune for the reading and billing of water meters and other utilities. The fact that the Police Chief had not yet received the information citied by Commissioner Stewart regarding consumer studies with respect to the purchase of a new police vehicle. According to CDM in connection with the purchase of • aluminum doors for the chlorine and repump rooms, oxi- dization would not effect said aluminum doors. MOTION was made by COMMISSIONER PAUL/COMMISSIONER WALKER to approve the purchase of aluminum doors for the chlorine and repump rooms at a cost of $1663. All voted aye. // Town Commission February 7, 1984 . Regular Meeting Page 7 of 12 Regarding the matter of the damaged silo at the water plant due to a lime spill, the Town Clerk reported that the painting of the silo had taken place in late August of 1983 with the damage occurring on December 20, 1983. Further, that the silo had been washed with a vinegar and mild acid substance upon recommendation by the Insurance Claims Adjuster, which in fact had a detrimental effect on the pervious surface of the silo. Joe Moss, Utilities Director, reiterated that he had been advised by the Claims Adjuster for the insurance carrier to use such mild acid for the washing of the silo. Attorney Sliney was directed to correspond with the insurance carrier in an effort to resolve this matter. REPORTS: BOARDS AND COMMITTEES: (a) Board of Adjustment - • MOTION was made by MAYOR HORTON/VICE MAYOR BLOS5ER that Harold B. Cohen be reappointed to this Board as Alternate #2 for a term of one year. All voted aye. (b) Code Enforcement Board - The next meeting of this Berard will be held on February 15, 1984 at 9:30 a.m. (c) Community Appearance Board - The next meeting of this Board will be held on February 23, 1984 at 9:30 a.m. (d) Financial Advisory Board - MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER STEWART to appoint Benjamin Cohen as the Alternate Member of this Board for a term of one year. All voted aye. (e) Health Officer - No Report. Town Commission February 7, 1984 Regular Meeting Page 8 of 12 (f) Library Board - Mrs. Liane Novak was present and reported on the February 14, 1984 Open House being given by the Library in recognition of their two year anniversary as well as Valentine's Day; on the Library's March Program; Mrs. Novak also indicated that she would be pleased to work with the Hospice organization in bringing a program to Highland Beach; and advised that the Library Board was working on the matter of the Town Postcards. (g) Planning Commission/Local Planning Agency - A public hearing will be held by the Planning Commission regarding Boca Hi on February 8, 1984 at 9:30 a.m. (h) Police Advisory Board - • Mr. Lowell Blum, Chairman addressed the Town Commission reporting that it was the recommendation of the Police Advisory Board to appoint Lt. William Cecere as Chief of Police upon Chief Jones' retirement. After discussion, MOTION was made by Commissioner Stewart/Vice Mayor Blosser that Lt. Cecere be appointed Chief of Police as of May 4, 1984 (the date noted in Chief Jones' memorandum of retirement) . This MOTION was amended by COMMISSIONER PAUL/COMMISSIONER STEWART to make the appointtre nt to Chief earlier should Chief Jones decide to leave earlier, but in no event later than May 4. This MOTION carried unanimously. The vote was then taken on the MAIN MOTION to appoint Lt. Cecere as G`hief of Police, which MOTION carried unanimously. Mr. Blum reported that the Town Manager had requested their recommendation regarding a transition in the fire service, and asked that the PAB be relieved of this responsibility as this was not in the purvue of their board. The Town Commission agreed with Mr. Blum and the Mayor further explai ned the status of the fire service and stated that he would be getting • further information to the Town Commission within a week. Town Commission February 7, 1984 Regular Meeting Page 9 of 12 PROPOSED ORDINANCES AND RESOLUTIONS: 1. Proposed Ordinance of the Town of Highland Beach amending the Code of Ordinances of the Town of Highland Beach, Chapter 2, entitled "Administration" Article V, entitled "Community Appearance Board", Sec. 2-50 entitled "Creation; Members; Terms; Appointment", Sub-Section (b) relating to Alternate Members . This Ordinance was read in full by the Town Clerk after which MOTION was made by COMMISSIONER STEWAR'Y'/COMMISSIONER WALKER to adopt said Ordinance. The Town Commission was polled by the Town Clerk and all voted aye. 2. Proposed Ordinance of the Town of Highland Beach, amending the Code of Ordinances of the Town of Highland Beach, Chp. 134 entitled "Housing", • Sec. 13%-2, entitled "Housing Board of Adjustments and Appeals established; terms of members; juris- diction", Appointing the Board of Adjustment as said Housing Board of Adjustment and Appeals. This ordinance was read in full by the Town Clerk after which MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER WALKER to adopt said Ordinance. The Town Commission was polled by the Town Clerk and all voted aye. The following Ordinances were read for first reading by title only and scheduled for the February 28, 1984 Workshop Meeting: 1. Proposed Ordinance of the Town of Highland Beach, Florida, amending the Code of Ordinances of the Town of Highland Beach, Chapter 21, entitled "Seawalls, Bulkheads, Retaining Walls", Section 21-1 entitled "Construction" , Sub-Section (d) (11) , relating to beach cleaning equipment and emergency vehicles on the beach, and the addition of Section 12-6 to Chapter 21, relating to penalties. • A revised version of this Ordinance will be submitted for the February Workshop Meeting. Town Commission February 7, 1984 . Regular Meeting Page 10 of 12 2. Proposed Ordinance of the Town of Highland Beach, Florida, amending the Code of Ordinances of the Town of Highland Beach, Chapter 152 entitled "Land Filling" Section 152-3 entitled "Issuance of Permit, Fee, Etc." relating to sand or fill generated by excavation. 3. Proposed Ordinance of the Town of Highland Beach, Florida, adopting a Comprehensive Plan in accordance with the provisions of Chapter 163, Part II, of the Laws of the State of Florida. 4. Proposed Ordinance of the Town of Highland Beach, Florida, amending the Code of Ordinances of the Town of Highland Beach, Chapter 2, entitled "Administration", Section 2-41, entitled "Town Planning Board; establishement; terms" relating to the terms of Alternate Members. CONSENT AGENDA • The following matters were submitted to the Town Commission on a Consent Agenda: 1. Approval of quote of Earl Harvel for elongation of percolation pond at Water Plant in the amount of $650.00. 2. Approval of quote of Certified Welding Engineers for repair of portable generator at Water Plant in the amount of $1,955.00. 3. Approval of proposal of CDM for engineering design services regarding Bel Air Drive improvements in the amount of $3,900. (Note: The Town Clerk advised the Town Commission that this did not include a resident inspector on the sib and would be an additional charge submitted later. MOTION was made by COMMISSIONER PAUL/VICE MAYOR BLOSSER to approve those items on the Consent Agenda. A~1 voted aye. Town Commission . February 7, 1984 Regular Meeting Page 11 of 1'2 The Mayor than reported on the following Items Left Over: 1. Request from Mr. Fredericks for permission to construct a helicopter pad to land helicopters on at the Marivilla site. It was the consensus of the Town Commission that the Town Manager write Mr. Fredericks a letter indicating that the landing of aircraft or helicopters was illegal in Highland Beach, and that the Town Commission saw no reason to change this portion of the Town Code. 2. It was the consensus of the Town Commission that no action be taken regarding a letter from the Department of Community Affairs promoting "Arrive Alive" posters, etc. 3. The status of the Holiday Inn seawall as well as the Status of the Spink seawall was briefly discussed. Mr. Joe Moss, Utilities Director, then addressed the Town Commission regarding Item No. 1 on the Consent Agenda in- volving the elongation of the percoluation pond and advised the Town Commission that staff could do the work at a lesser cost than the Earl Harvel quote of $650.00. MOTION was made by COMMISSIONER PAUL/COMMISSIONER STEWART to re-consider Item No. 1 of the Consent Agenda. All voted aye. MOTION was then made by VICE MAYOR BLOS5ER/COMMISSIONER STEWART that the quote of Earl Harvel be disapproved and that.Joe Moss be directed to go forward and gather the information necessary to complete this project. The Mayor reported to the Town Commission that he would be out of Town from February 18, 1984 until March 4, 1984. The following Bills for Approval were submitted to the Town Commission for their consideration: Gold Nugget Uniform, Inc. $ 534.45 Camp Dresser & McKee, Inc. 554.26 Florida Service Engineers, Inc. 1,555.30 F. H. Foster Oil Corp. 2,010.76 Gee & Jenson 1,878.14 • Harvel & Deland 1,903.37 S A S, Inc. 865.11 Thomas Scientific 1,115.78 TOTAL BILLS FOR APPROVAL......$10,417.17 Town Commission February 7, 1984 Regular Meeting Page 12 0~ 12 MOTION was made by COMMISSIONER WALKER/COMMISSIONER PAUL to approve the Bills as submitted. All voted aye. There being no further business to come before the Town Commission, the meeting was adjourned at 4:20 p.m. APPROVED : ~~~ ~ ~}-->-~.~ Lai is Horton, Mayor ATTEST: `~" ~'~C 1~Iary An Whaley Town Clerk ' / Date :.`~-o2Q'J -~ ~f Mar ise G. Blosser, 'ce Mayor William E. Paul, Commissioner Betty ~e~n Stewart, Commissioner Har y Walke Commissioner