1983.10.04_TC_Minutes_Regular'- ~
TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
REGULAR MEETING
Tues., October 4, 1983 1:30 P.M.
The Regular Meeting was called to order by Mayor Louis y. Horton
at 1:30 P.M. Also in attendance were Commissioners William E.
Paul and Betty Jean Stewart. Vice Mayor Mary Louise G. Blosser
and Commissioner Harry Walker were absent.
Also in attendance were Town Attorney, Thomas E. Sliney; Town
Manager, Elaine W. Roberts; Chief of Police, Ken Jones; Town
Clerk Mary Ann Whaley; citizens and the general public.
2. Pledge of Allegiance -
3. Approval of Minutes -
August 23, 1983 - Budget Workshop Meeting
• August 30, 1983 - Workshop Meeting
September 6, 1983 - Recessed Workshop Meeting
September 6, 1983 - Regular Meeting
September 6, 1983 - Public Hearing
September 9, 1983 - Recessed Regular Meeting
September 9, 1983 - Budget Workshop Meeting
After noting a correction regarding the requesting of a site plan
from Southern Bell in the August 30, 1983 Workshop Meeting minutes,
MOTION was made by COMMISSIONER STEWART/COMMISSIONER PAUL to approve
the minutes, which MOTION carried unanimously.
4. Public Requests -
Mr. Michael Dent spoke in favor and support of the
Police Committee.
5. Reports - Town Commission
Mayor Horton reported on his progress on gathering
permit procedures involving the Seascape project
with the DER and other appropriate agencies.
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Regular Meeting
• October 4, 1983
Page 2 of 10
Vice Mayor Blosser - Absent
Commissioner Paul - indicated that he would submit a
short summary of his attendance at the .Beaches and
Shores Convention in Boca Raton September 28-30, 1983
for the benefit of the absent Commissioners.
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Commissioner Stewart - reported that she had also
attended the Beaches and Shores Convention and felt
that Highland Beach should study the Coastal Construction
Control Laws in relation to Highland Beach's shoreline.
Commissioner Stewart also commented on the letter re-
ceived from Mr. Harding, the President of the Boca Cove
Property Owners Association opposing the decelleration
lane being required by the DOT, and recommended that the
Town Manager and Building Department take whatever steps
are necessary to oppose this lane. Mayor Horton indicated
that he would write a letter on behalf of the Town Commission
expressing the Town's opposition to this decelleration lane.
Commissioner Stewart reported that she had attended a
meeting of the Boca Hi Ad Hoc Committee on behalf of the
Vice Mayor and also had attended a meeting regarding the
unlawful cutting of the Town's historical tree on behalf
of the Town Commission.
Commissioner Walker - Absent
Mr. Tom Delaney, of Boca Highland, addressed the Town
Commission regarding the north gate and guardhouse and opposing
the Town's proposed imposition of a $500 fee for the re-review of
this project by the Community Appearance Board and a $500 fee for
the re-review of the project by the Planning Commission. Although
it was Mr. Delaney's contention that this was just an extension
of an existing project and the fee should not be required, Mr.
Delaney admitted that the new plans involved a larger structure
than originally planned. It was the consensus of the Town Comm-
ission, that unless the original plans were adhered to, Boca
Highland was subject to the fees as provided. for in the Code
and the Town Manager was directed to collect same.
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Town Commission
Regular Meeting Page 3 of 10
October 4, 1983
6. Reports - Town Attorney
Attorney Sliney reported on the Lauderdale Contracting
matter which was to come up later in the meet ing; advised
that the Town was justified in requiring the fees from
Boca Highland as previously authorized; reported on
the Milani matter in that he was preparing a Response
to the Rule to Show Cause; and indicated that the Ordinance
involving the Uniform Municipal Election Date to come
up later in the meeting was adequate in content and
form.
7. Reports - Town Manager
Mrs. Roberts reported on: List of millages of other
taxing bodies being prepared for the Town Commission;
Progress of Cooperative Group Purchase Committee
• formed; Prospect of sharing a Building Official
with Manalapan (It was the consensus of the Commission
that the Town Manager and Vice Mayor review the appli-
cations for a possible part-time position as recommended
by Mrs. Roberts); Correspondence received from the
property Appraiser's Office with the Town's final
report of assessed value; Information obtained regarding
Proposition One (Mrs. Roberts advised that Dr. Orman had
addressed an ASPA luncheon on this subject and a staff
member would attend a meeting at FAU on this subject on
Friday 10/7); correspondence from County Sanitation regarding
amount of trash hauled from Highland Beach in August of
1983; Quotes being obtained regarding computer utility
billing; Provision of bond for Post Office through Burke,
Bogart and Brownell as this bond had been cancelled
by the previous carrier effective 10/31/83; Gathering
of information regarding telephone services to Highland
Beach; Advised that flood insurance rates in Highland Beach
were rising and suggested that residents be informed by
way of the Newsletter to contact their agents regarding
this; Letter to be written to Dr. Bedotto regarding
maintena nce of the Bel Lido entrance to advise that the
Town has allocated $1,000 toward this matter to be drawn
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Town Commission
Regular Meeting
October 4, 1983
Page 4 of 10
upon by the Bel Lido Property Owners Association
as they saw fit; Permit issued for trimming of
historic tree for completion by September 30, 1983
(This had not been done and citations have been issued
with CEB to possibly hold a special meeting regarding
this); Trash and rubble on beach near Royal Highlands
and LeConcorde property; correspondence fran the Office
of the Florida Comptroller regarding someone listing
themselves as a jewelry broker at a Highland Beach
address and correspondence in response to same; Letter
from Dr. Tomeski with recommendation that a more
informative budget advertisement be placed in the
newspaper in addition to the state required one; Corres-
pondence from the DER regarding the proposed dock at the
Holiday Inn and Mrs. Roberts correspondence in response
to this stating that the Town was opposed to the dock;
Correspondence to the Town Attorney regarding Mr.
Colman's complaint that the Holiday Inn was allowing
their beach frontage to be used as a public beach;
A request that the Town Attorney research the possibility
of FP&L's not charging the Town a monthly franchise
fee on their bills; Correspondence to the Army Corps
of Engineers regarding the Town's opposition on the
Drexel project; Corresponds ce regarding Trafalgar's
violation of a structure constructed seaward of the
coastal construction line with no action being required
by the Town at this time; and correspondence with the
Mayor of Golden Beach regarding beach clew ning for
study by the Town Commission at a later time.
The Town Manager then reported on the Town Departments:
Building Department:
Final C/O issued to Coronado Clubhouse although problems
persist regarding a sprinkler system installed on the
Ambassador's property which does not appear to be the
Town's concern.
Finance Department:
Monies received include approximately $13,000 from
• FP&L for July; $3,800 from Southern Bell; $2,345
Town Commission
Regular Meeting
• October 4, 1983
Page 5 of 10
in Court revenue; $3,700 in State Shared Revenue;
$700 in Cigarette Tax; $4,400 for i cent sales tax;
$2,800 from Attorney Butler toward Massengill-Moore
penalty.
Maintenance Department:
A memorandum regarding the duties of this department
will be submitted and discussed at the Workshop Meeting
of October 25, 1983.
Town Clerk:
Ms. Whaley attended a seminar for Municipal Clerks
regarding the Uniform Election Date and other election
laws sponsored by the Supervisor of Elections on
September 27, 1983.
• Police Department:
Mrs. Roberts reported that a monthly report had been
submitted; directives involving vehicle accident investi-
gation and reporting procedures; CDC meeting attended
to finalize budget and a CDC report which had been
placed on the clipboard for the Town Commission's
inspection and review.
Utilities Department:
Mrs. Roberts reported: tYa t the holly trees at the plant
would be taken down by staff. MOTION by MAYOR HORTON/
COMMISSIONER PAUL to authorize the expenditure of $1,175
to trim pine trees, which MOTION carried unanimously;
raw and treated water consumption for the month; report
regarding water useage inconsistencies on clipboard
along with USGS data.
Mrs. Roberts further reported that she had been subpoened
to the County Courthouse regarding the Hoffman vs. Property
Appraiser matter and was required to re-appear at 4:30
this afternoon to testify.
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Town Commission
• Regular Meeting
October 4, 1983 Page 6 of 10
8. Reports - Boards and Commissions -
(a) Board of Adjustment - A public hearing will be held
on October 11, 1983 at 1:30 p.m. regarding the request
to extend the wall between Villa Magna and the Holiday
Inn.
(b) Code Enforcement Board - Does not plan to meet
this month, however, may meet to discuss and take
action regarding citations for failure to trim the
historical tree in compliance with permit.
(c) Community Appearance Board - Mr. Frank Savino
read a brief report of this Board.
(d) Financial Advisory Board - No report.
(e) Health Officer - No report.
• (f) Housing Board of Adjustment & Appeals - No report.
(g) Planning Commission/Local Planning Agency - A meeting
will be held on October 12, 1983 to study amendments to
Zoning.
(h) Police Committee - Mr. Blum, Chairman, was present
and transmitted several requests from the Police Department
involving pay raises; hospitalization for dependents and
the upgrading of other benefits. Mayor Horton requested
Mr. Blum to submit a written request regarding these items.
Mr. Blum also stated that it was the recommendation of
the Police Committee that the Ad Hoc Committee which
studied the Fire Protection and Public Safety concepts
continue their study with regard to the Fire Department
and EMS provisions, but delete the Police Department from
their study. Mr. Blum further reported, that in connection
with the Town Commission's recent request that the Polic e
Committee begin to meet every other month, the Police
Committee felt that this would greatly decrease the
effectiveness of that Committee and therefore, the
• Committee was against this.
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Town Commission
• Regular Meeting
October 4, 1983 Page 7 of 10
9. Proposed Ordinances and Resolutions:
(a) Proposed Ordinance No. amending the Code of
Ordinances of the Town of Highland Beach, Chapter 23,
entitled "Signs and Advertising", Section 7, entitled
"Signs permitted and regulated", Subsections (e), (f)(1)
and (f) (2) .
This Ordinance was read in its entirety by the Town Clerk.
MOTION of COMMISSIONER STEWART/COMMISSIONER PAUL to adop t
same. Discussion ensued regarding the possibility of
breaking down the paragraph for clarity. The Town Clerk
polled the Commission on the MOTION to adopt with all
voting in the affirmative.
(b) Proposed Ordinance No. amending the Code of
Ordinances of the Town of Highland Beach, Florida,
Chapter 7, entitled "Buildings", Section 7-l.l, entitled
• "Amendments to Standard Building Code", Section 107.4.
This Ordinance was read in its entirety by the Town
Clerk after which MOTION was made by COMMISSIONER PAUL/
COMMISSIONER STEWART to adopt the Ordinance. The Town
Clerk polled the Commission on the MOTION to adopt with
all voting in the affirmative.
(c) An Ordinance of the Town of Highland Beach, Florida
declaring an exemption to the provisions of Chapter 83-498
of the Laws of the State of Florida was then given first
reading by the Town Clerk, by title only. At the recommen-
dation of Commissioner Stewart, the title of this Ordinance
was changed to include the phrase "Providing for Uniform
Filing Dates and Uniform Elections Dates for Municipal
Elections" for clarity. The Town Clerk then read the
Ordinance again by title only. This matter will be
scheduled for the October 25, 1983 Workshop Meeting.
The following Items Left Over were then considered by
the Town Commission:
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October 4, 1983
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83.49 Delray Beach/Highland Beach Sewer Issue Status -
At the recommendation of Mayor Horton, MOTION was made
by COMMISSIONER PAUL/COMMISSIONER STEWART, that John Basso and
Robert Slater be appointed to a Committee to negotiate the
Delray Beach/Highland Beach Sewer Issue with Reg Harding to
be appointed as an alternate. This MOTION carried unanimously.
The Town Manager will advise the officials of Delray Beach
of the Highland Beach appointees. It was also noted that the
first meeting of this Committee would be for the purpose of
discussing the qualifications of a fifth member.
82.100 Southern Bell Request -
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Mayor Horton advised. that he had spoken with Mr. Bill
Burson and the requested site plan would be available for
the October 25, 1983 Workshop Meeting. Attorney Sliney requested
that the Town Commission review the last proposed Ground Lease
with a view toward making any recommendations regarding same
at the Workshop Meeting October 25, 1983.
83.24 Greening of AlA Committee Bike Path Ad Hoc
83.27 Committee -
83.50
The Town's position with the DOT regarding the
widening of AlA was again discussed. The Town
Manager advised that information was still being compiled on
this matter and would be made available to the Town Commission
as soon as possible. It was noted that the Town is still awaiting
a confirmation from Palm Beach County for the re-funding of this
project.
83.43 Reauest regarding water treatment plant site near
U.S.l -
Attorney Sliney distributed a proposed contract which
had been submitted by Mr. Swann, Attorney for Stevenson Building
and Design, Inc. Attorney Sliney indicated that there were still
several problems i.e. legal description, bond for the funds to
insure security, etc. These questions were discussed and answered
by the Town Commission. Mr. Sliney recommended that the Town
Commission hold a Special Meeting prior to the scheduled meeting
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October 4, 1983
Page 9 of 10
of the Moratorium Variance Appeals Board to take action on
this matter. The Town Commission then called a Special
Meeting for October 11, 1983 at 3:45 p.m. for this purpose.
The Town Manager will be in touch with Boca Raton regarding any
action they have taken on this pm ject.
83.55 Beach Raker and Universal Beach Cleaning -
This matter will again be discussed at the October 25,
1983 Workshop Meeting.
83.56 Insurance on FIND parcel -
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Mrs. Roberts advised that the Town's present carrier
would upgrade all of the Town's insurance to a $500,000 limit
at a cost of $658. MOTION was made by COMMISSIONER PAUL/
COMMISSIONER STEWART to increase the Town's coverage to the
$500,000 amount. This MOTION carried unanimously.
Appointment of Ad Hoc Committee for evaluation of
Town staff, operations, etc. -
This matter was scheduled for the October 25, 1983
Workshop Meeting.
A Consent Agenda consisting of the following items
was then considered by the Town Commission:
1. Rernzests for chances in Personnel Rules and
Regulations- Town Commission required to approve
optional Columbus. Day/Day after Thanksgiving
holiday and the payment of two weeks severance
pay in lieu of notice.
2. Lauderdale Contracting vs. Highland Beach -
Town Commission required to approve the offer of
$9,000 as a settlement figure in this matter.
3. Highland Beach Cable TV- Town Commission required
to approve the recording of the Highland Beach
Cable TV lease per the request of Attorney Conahan.
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4. Gilbert Lorenz- '
approve attorney
of Mr. Lorenz.
Page 10 of 10
own Commission required to
representation at deposition
At the request of Mr. Sliney, Item No. 3 involving the
recordation of the Highland Beach Cable TV Lease was removed
from the Consent Agenda and scheduled for the Special Meeting
previously called for October 11, 1983 at 3:45 p.m.
MOTION was then made by COMMISSIONER STEWART/COMMISSIONER
PAUL to approve Items 1, 2 and 4 of the Consent Agenda. This
MOTION carried unanimously.
Bills for approval as submitted were as follows:
Harvel & Deland $4,594.75
Camp, Dresser & McKee, Inc. 3,860.23
Dilworth, Paxson et al 15,315.25
TOTAL ......................$23,770.23
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MOTION by COMMISSIONER PAUL/COMMISSIONER STEWART to
approved Bills as submitted. All voted aye.
There being no further business, the meeting was
adjourned at 3:45 p.m.
APPROVED• -
Louis Horton, Mayor
absent
I~l[ary wise G. Blosser, Vice Mayor
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ATTEST: William E. Paul, Commissioner
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To n C erk Bett Jean Stewart, Commissioner
Date: /~-~-~3 (absent)
Harry Walker, Commissioner
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