1984.02.28_TC_Minutes_Workshop (2)~~` ~
TOWN OF HIGHLAND BEACH, FLORIDA
• Minutes of Meeting of Town Commission
WORKSHOP MEETING
Tuesday, February 28, 1984 9:30 a.m.
A Workshop Meeting of the Town Commission was called to order by
Vice Mayor Mary Louise G. Blosser in the Town Commission Chambers
at 9:30 a.m. Also present were Commissioners William E. Paul,
Betty Jean Stewart and Harry Walker. Mayor Louis Y. Horton was
absent.
Also present were Town Attorney Thomas E. Sliney; Town Manager
Elaine W. Roberts; Town Clerk Mary Ann Whaley; citizens and the
general public.
84.1 Public Comments and Reguests-
Mr. Michael Dent addressed the Town Commission regarding the
beach erosion occurring in Town with specific emphasis on
the area across from the Bel Lido Subdivision at Coco-de-mer.
Mrs. Roberts indicated that B & K Marine were in the process
of getting appropriate approvals for the construction of a 157'
seawall at this location and the DNR was requesting comments
from the Town regarding this. The Town Manager was directed to
advise B & K Marine of the notification requirements of the Town
in relation to adjacent property owners. This matter will be
placed on the Regular Meeting Agenda for March 6, 1984 for further
discussion and possible action.
Attorneys Doyle Rogers and Liz Maass, representing Beach Walk West
addressed the Town Commission regarding the requested extension
of the building permit on that project, as well as advising the
Town Commission of their intention to apply for a variance from
the requirements of the Moratorium Ordinance. Both Attorney
Rogers and Attorney Maass stressed the delay of the project
predicated on necessary approvals from the DER and the initiation
of a required mangrove re-vegetation program on the site. At
the March 6, 1984 Regular Meeting, a date will be set for the
matter to be heard by the Moratorium Variance Appeals Board.
Dr. Richard Orman, representing C. D. Milani and Ocean Terrace,
addressed the matter of the Town's intention to give the
proposed Comprehensive Plan Ordinance first reading and urged
that all the comments that he had made in the past regarding
this plan be considered prior to its adoption.
t
Town Commission
February 28, 1984
Workshop Meeting Page 2 of 11
Mr. Jerome Milord, representing the Camino Cove project,
then addressed the Town Commission, indicating that he had
appeared before the CAB and gained approval for a requested
wall on tha~Camino Cove site. It was noted that the Town
Commission, at its meeting held on February 21, 1984, and
at the recommendation of the Town Attorney, determined the
request to be a variance and directed the Town Manager to
refer same to the Board of Adjustment. Mr. Milord indicated
that he was not aware of this determination, but would
apply to the Board of Adjustment for a determination on the
matter. The matter of the construction fence will be placed
on the March 6, 1984. Regular Meeting Agenda for discussion
and possible action.
84.2 Boards and Committees -
The possible re-appointment of Mr. Frank Savino to the
Community Appearance Board will be taken up at the March 6,
1984 Regular Meeting. It was the Vice Mayor's recommendation
that the re-appointment be considered for a term of 1 year
• as a recent Ordinance was amended to provide for Regular
Terms of 3 years rather than 2 years and to re-appoint Mr.
Savino for one year would bring his term into conformance
with the new ordinance.
Appointments to the Code Enforcement Board (1 Alternate
Member) and Planning Commission (1 Alternate Member) will
be held in abeyance until evaluation of new applicants being
received through the Talent Bank is held.
The resignation of Mr. Ed Davis from the Financial Advisory
Board will be aceepted at the March 6, 1984 Regular Meeting, as will
the possible appointment of Benjamin Cohen as a Regular Member of
that Board.
The new board applications as approved will be requested from
all applicants who have submitted resumes to the Town Commission
for possible appointment to boards and committees.
It was noted that the guidelines to be used in the selection
and appointment of applicants still needed to be discussed. This
matter will be scheduled for the March Workshop Meeting.
Town Commission
• February 28, 1984
Workshop Meeting Page 3 of 11
84.3 Proposed Ordinances and Resolutions -
a) 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. (1st Reading 2/7/84 -
Published 2/17/84)
This Ordinance was scheduled for final reading
at the March 6, 1984 Regular Meeting.
b) 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. (1st Reading 2/7/84 -
Published 2/17/84)
This Ordinance was scheduled for final reading
at the March 6, 1984 Regular Meeting.
c) 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. (1st Reading 2/7/84 -
Published 2/17/84)
A required Group Home Provision will be inserted
in the Comprehensive Plan prior to its final reading
scheduled for the March 6, 1984 Regular Meeting.
d) 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; establishment; terms" relating
to the terms of Alternate Members. (1st Reading
2/7/84 - Published 2/17/84)
Town Commission
• February 28, 1984
Workshop Meeting Page 4 of 11
This Ordinance was scheduled for final reading
at the March 6, 1984 Regular Meeting.
e) Ordinance regarding Hoffman RPUD.
A proposed Ordinance amending the expiration date
of the Hoffman RPUD was submitted by Attorney Sliney.
The Town Commission requested that the Building
Official trace the history of this project and back-
ground be gathered prior to any action being taken.
It was also noted that any time changes in an
RPUD Ordinance would have to be submitted to the
Planning Commission for recommendation prior to
action. This matter will be scheduled for further
discussion at the March Workshop Meeting.
f) Ordinance amending the Southern Bell franchise.
• Mr. Buck Passmore and Ms. Marita Sullivan, repre-
senting Southern Bell were present and explained
to the Town Commission how the franchise fee and
the excise tax amounts were arrived at for payment
purposes to the Town. It was noted that the 1%
franchise fee was for use of the telephone lines
within the Town and the 10% excise tax was for
services offered by the telephone company. Mr.
Passmore indicated that the present franchise as
written was not adequate as it related to "telephones
in use", as Southern Bell has no telephone equipment
in use and should be amended to refer to the services
offered by the telephone company. Attorney Sliney
will draft an amendment to the franchise ordinance
and submit same to counsel for the telephone company
prior to submitting same back to the Town Commission.
It was the consensus of the Town Commission that the
term "local service" be used in lieu of the present
term "telephones in use".
g) Ordinance regarding recreational vehicles.
Attorney Sliney indicated that he was awaiting a
• more specific recommendation from the Code Enforcement
Board relating to this matter (Chapter 27) and requested
that same be placed on the Workshop Meeting Agenda for
March.
Town Commission
February 28, 1984
Workshop Meeting Page 5 of 11
h) Ordinance regarding parking of boats. (Sec. 6-1)
It was the opinion of the Town Attorney that this
section related to the sheltering of boats from
view of State Road AlA only. Further, Attorney
Sliney indicated an enforcement problem in the
first paragraph of Sec. 6-1 wherein no boat shall
be parked upon land within the town for more than ten
(10) consecutive days nor for more than a total of thirty
(30) days per calendar year. This portion of Section
6-1 will be discussed further at the March Workshop
Meeting.
82.49 Delray Beach/Highland Beach Sewer Issue Status
The Town Manager indicated that there was nothing to
report on this matter at this time.
82.100 Southern Bell
• It was noted that this matter had been taken up under
Item 84.3(f).
83.74 County Sanitation Contract
The Town Attorney is continuing to work on the proposed
addendum to this contract. Commissioner Walker indicated
that any unilateral option to extent the contract be
eliminated. This matter will be further discussed at
the March Workshop Meeting.
84.8 Water Treatment Plant Items
Mr. Jay Ameno of Camp Dresser & McKee, the Town's
engineers and consultants on the water plant,
addressed the Town Commission. Mr. Ameno advised of
recent changes in EPA standards with specific reference
to trihalom~hanes (chlorinated organics) in the water,
citing potential problems for dialysis patients, tropical
fish and odor problems. It was noted that color testing
of the water was underway presently in the Town. Although
Highland Beach is not required to abide by the EPA standards
• in relation to this matter due to its population being
under 10,000, Mr. Ameno, concurring with the recommendation
Town Commission
February 28, 1984
Workshop Meeting
Page 6 of 11
of the Utilities Director, urged the installation of
a chloramine system to alleviate any potential problems.
Further research, including cost analysis, availability,
etc. will be done. This matter will be placed on the
March Workshop Meeting Agenda.
Mr. Ameno further reported that due to the Town lacking
certain criteria, including a Sewer Evaluation Survey,
the Town had no chance of receiving any DER grant funds.
The other items involving the Water Treatment Plant were
deferred until later in the meeting.
84.11 Enclaves of Boca Cove-Rectuest for C/O-
Mr. Jack Miller, of Maple Leaf Developers, addressed
the Town Commission requesting consideration for a
temporary or final C/O on at least two units at
Enclaves of Boca Cove. Mr. Miller indicated that he
had been advised by the Town Manager that the two
units for which he requested a C/O needed the back
decks and railings completed at which time the
issuance of a C/O would be recommended. Mr. Miller
also cited Section 109.3 of the Building Code which
provided for temporary C/O issuance. The Town Attorney
advised that under the zoning ordinance, temporary
C/O's were no longer permitted. Mr. Miller was further
advised that a C/O would only be issued upon completion
of the entire project, as that was how the building
permit was issued. Mr. Miller stated that all units
were "livable" and requested consideration as soon
as possible. This matter will be placed on the March 6,
1984 Regular Meeting Agenda for further discussion and
possible action.
Discussion re Highlands Place
Mr. Arbuck, Mr. Hollohazy and Attorney Faircloth were
present. Mr. Arbuck again recapped the chronological
events leading to a request for the re-instatm:eent or
re-issuance of the building permit for Highlands Place.
Mr. Arbuck requested consideration of this request and
indicated that he would prefer to be granted a two
Town Commission
February 28, 1984
Workshop Meeting
Page 7 of 11
year date of completion should the permit be
re-instated, however, he could work within a
one year time limit if the Town Commission chose
to institute one. At the March 6, 1984 Regular Meeting,
a date will be set for the matter to be heard by the
Moratorium Variance Appeals Board, with a view toward
a final determination.
84.8 Water Treatment Plant Items (Cont'd)
Landscape Quotes-
Mrs. Roberts indicated that Stevenson Design had agreed
to an extended time of completion of the Town's portion
of landscaping the property at the water plant until
September 1, 1984. Also, the low bidder, Rainbow, indicated
that their bid prices were effective for a period of one year.
Lime Spill-
• The Town Manager and Town Attorney are working on
a letter demanding payment for the damage to the silo
occurring on December 20, 1983 due to a lime spill.
84 12 Group Insurance Rates-Florida Risk Management-
The Town Manager reported that the present coverage could
not be improved upon and that quotes requested from approx-
imately six insurance firms indicated higher rates than
present. It was the consensus of the Town Commission that we
continue wi th the present carrier and that this matter be re-
evaluated again at budget time.
84.14 Purchase of Police Vehicle-
It was the consensus of the Town Commission that Chief
Jones obtain additional quotes, specifically from local
Ford and Chevrolet dealers prior to a final determination
of this matter.
Town Commission
• February 28, 1984
Workshop Meeting
REPORTS - TOWN COMMISSION:
Manor Horton - Absent
Vice Mayor Blosser -
Page 8 of 11
Reported on the Boca Hi Sales Center and requested
information re~arding a reque t for its extension.
(Present permi expires 3/30/84)
Requested the drafting of a Resolution formally
appointing Lt. Cecere as Chief of Police for intro-
duction at the Regular Meeting March 6, 1984.
Requested clarification on a recent request of
a member of the Greening Committee for use of
Town stationary. It was the consensus of the Town
Commission that Boards should be allowed to use
stationary, however, that the useage be monitored by
the Town Manager. Both the Vice Mayor and Commissioner
Paul suggested that the Board's be provided with their
own stationary, however, Commissioners Stewart and Walker
disagreed on this point. It was determined that the
present request be complied with and that further
requests be monitored closely by the Town Manager.
Vice Mayor Blosser further requested clarification of
the powers and duties of the Greening Committee with
specific reference to criteria used, determination on
types and location of trees, policy on the acceptance
of donations, method of appointment, etc.
A date for the initial meeting of the Ad Hoc Evaluation
Committee will be set at the March 6, 1984 Regular Meeting.
Commissioner Paul -
Introduced and submitted the proposed budget for the
water plant, which matter was referred to the Financial
Advisory Board for consideration and recommendation.
Commissioner Paul requested that the FAB be instructed to
submit the budget back to the Town Commission in time for
the March workshop Meeting.
Town Commission
February 28, 1984
Workshop Meeting page 9 of 11
Under Commissioner Paul's report, Joe Moss, Utilities
Director, addressed the Town Commission regarding his
recent trip to Gainesville to attend a "backflow pre-
vention" seminar. Mr. Moss indicated the potential
problems that could arise through the "backflow" of
chemicals and other substances, and that this matter
should be considered by the Town Commission with a
view toward mandating state prescribed prevention
methods. This matter will be researched further with
the Town Attorney looking into a possible amendment
to the ordinance involving the water regulations re-
quiring compliance to any prevention measure which
might be determined necessary by the Town Commission.
Commissioner Stewart -
Requested information regarding the status of
water pumps being repaired. Mr. Moss indicated that
. several pumps had been repaired and returned, and
now that he had been advised of the unavailability
of grant funds to Highland Beach, he would proceed
with the needed repairs on the other pumps. Discussion
was also had regarding the application being submitted
to the DER awards program for mater treatment plants.
Mr. Moss advised that applications would be submitted
through April 15 with a winner being announced in June
of 1984.
Commissioner Stewart reiterated her request to the
Town Manager for an outline setting out the procedures
to be followed from the conception of a work project
through the bidding process and to the payment of the
contract. The Town Manager advised that the Town Attorney
reviewed all contracts prior to execution. Commissioner
Walker requested that this outline include the procedure
used for the monitoring of work on a project.
Commissioner Walker - No report.
Town Commission
February 28, 1984
• Workshop Meeting Page 10 of 11
REPORTS : TOWN ATTORNEY:
Attorney Sliney reported that regarding the Milani
lawsuit, he had received further Notices of Deposition
and it appeared as though Mr. Milani is moving forward
with the litigation in this matter.
REPORTS: TOWN MANAGER:
The Town Manager reported on:
Correspondence received regarding:
1. Changes in law from Town Attorney.
2. Liability re Road and Bridge funds in the Florida
Municipal Law Reporter.
3. Stewart McGregor, Attorney, regarding the intention
of the filing of a lawsuit involving the drowning
occurring in Highland Beach in 1983.
4. Boca Hi RPUD from Mr. Rothman.
• 5. From ADJUSTCO (formerly Risk Management) regarding
Seascape and the liability of the Town.
The Town Manager advised of the implementation of the new
utility charges (garbage) as approved by the Town Commission
at the February 21, 1984 Special Meeting.
The Town Manager then discussed the possible implementation
of a "flex time" schedule in Town Hall, allowing employees to
take ~ hour for lunch and work i hour less either at the
beginning or end of the work day. Commissioner Stewart indicated
that she wished to discuss the matter with the staff prior to
committing herself to any decision at this time. The matter
will be placed on the March 6,1984 Regular Meeting Agenda for
further discussion and possible action.
Commissioner Stewart then requested the Town Attorney to
elaborate on the recent civil rights lawsuits (1983 ACTIONS)
which had been brought to the Town Commission's attention. The
Town Attorney responded, indicating that these recent 1983
Actions were a trend being set by those who feel their civil
rights are being jeopardized by arbitrary decisions affecting
. property and other matters throughout the country.
Town Commission
February 28, 1984
Workshop Meeting
Page 11 of 11
There being no further business, the meeting was adjourned
at 3:25 p.m.
APPROVED: (Absent)
ATTEST: Louis Y. Horton, Mayor
Mary A Whaley
Town Clerk
Date:~~, ~~~
Mary ouise G. Blos r,
Vic ayor
~~
William E. Paul, Commissioner
Be y Jean Stewart, Commissioner
Harry Walker, Commissioner