1984.05.29_TC_Minutes_Workshop
TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
WORKSHOP MEETING
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Tuesday, May 29, 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
Highland Beach Town Hall. Also present were Commissioners John J.
Basso, William E. Paul and Betty Jean Stewart. 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.
Public Comments and Request:
Mr. Michael Dent addressed the Town Commission regarding the proposed
ordinance amending Section 2-5 of the Town Code as requested by
Commissioner Basso relating to the discharge of the Town Manager by the
Town Commission. Mr. Dent stated that it was his opinion that the Town
Commission already possesseed the authority to discharge the Town
Manager, however, recommended that the proposed ordinance be adopted in
order to clarify the Town Code. Mr. Dent also addressed the
consolidation of the Del Trail Fire District into the Palm Beach County
Fire Department and offered his services as a negotiator on behalf of
the Town with Palm Beach County in the negotiation of a contract with
the County. Mr. Dent felt that neither the Town Commission, nor the
Town Attorney had the experience to effectively negotiate a contract
with Palm Beach County in this matter.
Mr. Andrew Bennardo addressed the Town Commission requesting assistance
with a water retention problem on Bel Air Drive occurring after
rainfalls. Mr. Bennardo was advised that the Town's engineering firm
is in the process of completing bid specifications drawn in order to
have Bel Air Drive re-paved which would hopefully alleviate the
problem. Mr. Bennardo also requested assistance in clearing the access
on the Royal Highlands property to the beach across from Bel Air Drive.
It was noted that Mr. Abatte, Building Inspector and Town Attorney were
working on this matter and would be submitting a report on same to the
Town Commission at an early date.
84.2 Boards and Committees:
CEB - 1 Alternate Member
FAB - 1 Alternate Member
It was noted that Mr. Edwin Pearlstein and Mr. Fox had requested
appointment to the Code Enforcement Board, and also that Mr. Reese
James had requested appointment to the Financial Advisory Board, as had
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• Mr. Arthur Harris. The Vice Mayor noted that there were approximately
ten other applicants available for general assignment. Commissioner
Basso indicated that he had not received copies of the resumes and
talent bank forms submitted and requested same. This matter will be
addressed at the June Workshop Meeting for further review and possible
recommendations for appointment to fill the vacancies.
84.3 Proposed Ordinances and Resolutions:
a) An Ordinance of the Town of Highland Beach, Florida
amending the Code of Ordinances of the Town of Highland
Beach, Chapter 15 1/2 entitled "Land Filling", Section
15 1/2-3 entitled "Issuance of permit, fee, etc." re-
lating to sand or fill generated by excavation {1st
reading 5/2/84 - Published 5/11/84)
Discussion ensued with the Town Attorney noting that an enforcement
problem might exist relating to the provision that the sand would be
required to be kept on the east side of AlA, and the provision of
requiring the various notifications from the agencies other than the
Town as presently stated in the proposed ordinance. This ordinance
will be re-drawn deleting the notification requirements to agencies
other than the Town and submitted for final reading at the June Regular
Meeting.
b) An Ordinance of the Town of Highland Beach, Florida,
• amending the Code of Ordinances of the Town of Highland
Beach, Chapter 29, entitled "Water System", Section
29-10 entitled "Charge for Water Service" to reflect
the current water rates required by the Town. (1st
reading 5/2/84 - Published 5/11/84)
Commissioner Stewart noted for the Town Commission's information, that
prior to the last amendment to the water rates, minimum charges had
always been a part of the Town Code. This ordinance will be re-drawn to
clarify that ~ gallons consumed would still mean the charging of the
minimum fee unless the meter was actually turned off. This amended
version will be read at a Special Meeting later this date for passage.
The proposed Utility/Enterprise budget was then discussed briefly with
a notation that there were a few minor changes to be made after the six
month financial statement is received. This matter will be placed on
the June Regular Meeting Agenda for possible approval. A letter from
the Town's Auditors, Peat, Marwick and Mitchell dated 5/23/84 was
cited during discussion.
Mr. Joe Moss, Public Utilities Director, addressed the Town Commission
and gave a status report regarding the testing of the Town's THM levels
and also a status report on the checking in Town for County approved
backflow prevention devices. As a result of Mr. Moss' testing, and to
reduce the THM'5, he will go back to his previous chlorine procedure.
• Commissioner Paul suggested that the Town possibly lobby to the State
Legislature to ask that the requirements and standards for Towns under
10,000 population be the same as now required in Towns with populations
over 10,000 with the federal or state government subsidizing those
Towns where .the costs would be restrictive.
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• Mr. Moss also recommended the replacement of the inoperable
treated water meter located at the chlorine room next to Town Hall at a
cost of $3,210.QJ0 which matter will be placed on the Consent Agenda of
the June Regular Meeting.
c) Ordinance amending Southern Bell franchise.
Attorney Sliney stated that Mr. Passmore of Southern Bell indicated
that the excise tax provisions should not appear in the Town's
franchise ordinance. This matter will be discussed with Southern
Bell's legal counsel. The Town Attorney will obtain further
information from the Florida League of Cities regarding the practices
which have been followed by other municipalities in the review of their
franchises since the Southern Bell/ATT breakup. Attorney Sliney will
also contact the legal counsel for FLC for advice on this matter.
Further discussion will take place on this matter at the June Workshop
Meeting.
d) Ordinance regarding Recreational Vehicles.
Attorney Sliney indicated that he had received recommendations from the
Code Enforcement Board and would be drawing an ordinance for submission
to the Town Commission at the next Workshop Meeting.
• e) Ordinance regarding parking of boats.
Attorney Sliney indicated that he was still working on a proposed
ordinance regarding the parking of boats and would have a
recommendation at the June Workshop Meeting.
f) Ordinance regarding emergency seawall measures.
This matter was briefly discussed, and at the recommendation of
Commissioner Stewart, was referred to the Code Enforcement Board for
their review and recommendations.
g) Ordinance regarding amendment to Section 2-5 of the Town
Code.
Commissioner Basso stated that it was his opinion, concurring with that
of the Town Attorney, and citing the Boca Raton City Code, that since
the Town of Highland Beach had no contract with its Town Manager, that
the Town Commission possessed the authority to dismiss the Town
Manager. With reference to the proposed drafted ordinance amending
Section 2-5 of the Town Code, Commissioner Basso stated that it needed
to provide more information as to time requirements for any hearing or
appeal of the Town Manager, and recommended the tracking of the Boca
Raton City Code. As Commissioner Basso will be on vacation during the
month of June, this matter was scheduled for the July Workshop Meeting.
• 84.22 Request from Drexel management representative Earl Totz
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Mr. Earl Totz, representing Drexel Management, Inc, addressed the Town
• Commission, citing a letter of Drexel Management dated May 10, 1984 to
the Town Commission requesting an extension of time on the project and
further citing several negotiable items i.e. the transfer of density in
exchange for the giving of certain property to the Town. This matter
was briefly discussed with Mr. Totz being advised that the Town was not
interested in acquiring the property offered by Drexel and further that
the Town did not grant transfer of densities in the Town Code. Mr.
Totz was requested to supply the Town with documentation as to the
project and why the delays occurred. This matter will be discussed at
the June Regular Meeting if the documentation is received.
Mr. Totz was then asked to review new plans received regarding the Co
co de-mer proposed seawall as a representative of the Bel Lido Property
Owners Association. Mr. Totz indicated that the Bel Lido Association
would be meeting at an early date and that the newly submitted plans
would be taken up and a report given to the Town Commission. This
matter will be taken up at the June Regular Meeting.
A lunch recess was taken from 12:1P! p.m. until 1:3g p.m. at which time
the meeting was re-convened.
82.49 Delray Beach/Highland Beach Sewer Issue Status
The Town Manager reported that she had met with representatives of
Greely and Hansen, the approved engineers, on May 3, 1984 and supplied
• the information requested and had not heard anything from them since
that time. No further action was recommended at this time.
83.74 County Sanitation Contract
The Town Manager reported that Mr. Gaudette of County Sanitation was
satisfied with the Town's proposed amendment to the contract.
Commissioner Stewart questioned as to whether or not the method of
collection appeared in the contract and requested that a copy of the
contract be made available for inspection. The approval of the
amendment to the contract will be placed on the Consent Agenda for the
June Regular Meeting.
Mr. Bruce Sutherland, the Building Official, then addressed the matter
of the Co co de-mer seawall and indicated that the plans as drawn would
require the equipment to be used to come to close to the building on
the site. It was again reiterated that the Bel Lido Property Owners
Association would be giving a recommendation on the matter and that it
would be discussed again at an early date.
84.21 Revised policy re Town Manager attendance at Board
Meetings.
Vice Mayor Blosser cited Section 2-24J of the Town Code indicating that
the attendance at Board Meetings was not listed as a duty of the Town
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Manager. It was the consensus of the Town Commission that the Town
• Manager not attend Board Meetings unless requested to do so by the
Board or Committee Chairman.
84.23 Comments regardin Boca Raton 5 year Comp. Plan
This matter was briefly discussed with it being the general consensus
of the Town Commission that the Town was in agreement with the request
indicated in Boca Raton's proposed Comprehensive Plan not to widen AlA.
This matter will be further discussed with possible additional comments
at the June Regular Meeting.
REPORTS: TOWN COMMISSION
Mayor Louis Y. Horton - Absent.
Vice Mayor Mary Louise G. Blosser -
The Vice Mayor recommended that the Town Commissioners take turns
making themselves available to the citizens on Friday afternoons of
each week. Commissioner Basso indicated that he felt this suggestion
to be unreasonable and time consuming on the part of the Town
Commission. No other Town Commissioners expressed any opinion on the
matter.
The Vice Mayor also requested that the Town Attorney give a report on
• the electoral requirements of candidates and that this matter be placed
on the next Workshop Agenda.
The Vice Mayor and Commissioner Stewart questioned the rationale behind
the Board of Adjustment reviewing the matter of the Town Commission's
denial of the request for an extension of the building permit on the
Beach Walk West matter. Attorney Sliney indicated that the matter was
still being researched and that he would report on this at an early
date.
Commissioner John J. Basso-
Commissioner Basso requested that Russell Drive be checked for a "dead
spot" in the street lighting as reported to him. The Town Manager will
contact FP&L with a view toward alleviating this problem.
Commissioner William E. Paul-
Commissioner Paul requested an update on the status of the Bel Air
Drive re-surfacing project. The Town Manager advised that CDM, the
engineers on the project were in the process of completing the bid
package and that same would be submitted in mid June.
Commissioner Betty Jean Stewart-
Commissioner Stewart requested clarification on the Town's policy
• regarding the hiring of professional consultants for the Planning
Commission. It was the consensus of the Town Commission that all
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requests for consultants should be made in writing, and each evaluated
on the merits of the project and not necessarily only in cases where a
petition has been submitted, which was the general discussion at the
last meeting of the Town Commission. The proposal of Sanders Planning
Group was then discussed with it being noted that the proposal was not
dated nor was it signed. It was the consensus of the Town Commission
that Mr. Sanders be contacted and requested to sign and date the
proposal. Further, the Town Commission requested clarification to
assure that Option 1 in the proposal included those items cited in
Option 2.
Commissioner Stewart then requested a status report on the Enclaves and
Edgewater Townhouse developments. The Town Manager stated that neither
project had requested issuance of a C/O and that she would direct
the Building Official to submit a further status report on these
projects at the next meeting.
REPORTS: TOWN ATTORNEY:
Attorney Sliney advised the Town Commission that he had responded to a
Motion to Dismiss in the Beach Walk West matter. He further reported
that in connection with the Coronado matter regarding the garage
screening and the bond requirements, Attorney Ed Cohen was
corresponding with Mr. Mass of Coronado to resolve the matter.
• Discussion again ensued regarding the proposed "Land Filling" ordinance
with Vice Mayor Blosser expressing concern over the provision which
required owners to keep the sand and fill on the east side of AlA. The
Town Manager indicated that LeConcorde was an immediate concern in this
regard. Commissioner Basso requested that LeConcorde be requested to
keep the sand on the east side without being required by ordinance.
This ordinance, as noted earlier, will be on the Regular Meeting Agenda
for June 5, 1984.
REPORTS: TOWN MANAGER:
The Town Manager reported on the receipt of a letter from Mr. Wilder
opposing the charge of $50.001 to turn on his water meter after being
turned off at his request at an earlier date. Section 29-5 of the Town
Code was cited which provides for the $50.010 fee. It was the consensus
of the Town Commission that relief could not be granted to Mr. Wilder
in this matter.
The Town Manager advised that the Holiday Inn seawall matter was
referred to the Planning Commission for review and recommendation.
A memorandum from the Florida League of Cities dated May 25, 1984 which
cited several legislative bills was then discussed. The Town Clerk
will request copies of those bills effecting municipalities from the
Florida League of Cities and place same on the clipboard for review by
• the Town Commission.
The Town Manager asked whether the Town was interested in the purchase
of wire in order to construct protective turtle nest covers at a cost
of $150.~PJ per roll. It was the consensus that since the Town did not
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presently have an active Turtle Watch Group, this expenditure not be
approved.
At the request of Commissioner Stewart, the Town Manager researched an
alleged report which was proposed to be done by the Del Trail Fire
District involving the inspection of Town Buildings. The Town Manager
advised that due to manpower and cost constraints, this report was
never undertaken by the Del Trail Fire District and therefore did not
exist.
Mrs. Roberts advised that information was being gathered by the Town
Clerk on word processing/micro-computer equipment and would be
forthcoming to the Town Commission at an early date. The Town Manager
further advised that the zoning ordinance would be done on the
equipment as soon as feasible.
The Town Manager reported that handicapped decals were available for
distribution to the residents of Highland Beach at the Police
Department.
A memorandum from the Building Official regarding visibility triangles
was briefly discussed with it being noted that this matter would be
addressed as part of the pending zoning review.
There being no further business to come before the Town Commission at
this Workshop Meeting, it was adjourned at 3:1d p.m.
APPROVED: ~C~~~~Q.r~tt,Ti~
Louis Y. Horton, Mayor
Mary L~e G. osser,Vice Mayor
G~~~-~
ohn J. sso, Commissioner
William E. Paul, Commissioner
~~~~«~
Bet y Jean Stewart, Commissioner
ATTEST:
TOWN CLE K
DATE: ~ `~~~~`~
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