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1979.12.04_TC_Minutes_Regular• TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission Regular Meeting December 4, 1979 1.30 P M Mayor Louis Y. Horton called the Regular Meeting of the Town Commission to order at 1:30 P.M. Those in attendance were: Mayor Horton, Commissioner Harry Bauer, Commissioner Peter Genovese and Commissioner Harold C. Storm. Also in attendance were: The Town Manager, Elaine W. Roberts; Town Attorney, Thomas E. Sliney and Town Clerk, Jane E. Barker. The Commission Chambers were crowded with interested Townspeople. Pledge of Alleg'iance Approval of Minutes, as written October 30, 1979 - Special Meeting October 30, 1979 - Workshop Meeting • November 6, 1979 - Regular Meeting ' Mayor Horton asked if there were any additions or corrections to the minutes as written and there were none. MOTION by Commissioner Genovese/Commissioner Bauer that the minutes be approved. The voice vote was unanimous in favor of approval. Town Commission Appointment Mayor Horton announced that four people had applied for the Commission seat left vacant by the resignation of former Vice Mayor Mumford. These four are listed below: Mary Louise Blosser, a resident of Seagate of Highland Michael Dent, a Bel Lido resident Mary Ciomei, former Town Clerk and a resident of the Monterey House, and Lucille Miller, Town Staff member - Secretary to the Town Boards and a resident of Seagate. Mayor Horton asked the will of the Commission as to whether they were ready to appoint a new Commissioner at this time and all • members stated they were. The Town Clerk distributed paper and Minutes Highland Beach Town Commission • Regular Meeting December 4, 1979 the Town Commission voted in writing. Page 2 of 11 Upon tallying the votes, the Town Clerk reported the Commission was unanimous in favor of appointing Mary Louise Blosser as the new Town Commissioner. MOTION by Commissioner Bauer and seconded by Commissioner Genovese that Mary Louise Blosser be appointed to fill the remainder of the term of Ruth Mumford. All Commissioners voted Aye in favor of this MOTION. Mrs. Blosser was then given the Oath of Office by the Town Clerk. The selection of a Vice Mayor was the next order of business and Mayor Horton made a MOTION that Harold C. Storm be appointed as Vice Mayor and Commissioner Bauer and Commissioner Genovese seconded this- MOTION. The voice vote was unanimous in favor of Commissioner Stork. being appointed as Vice Mayor. • Public RecTUests and Comments - S. A. Healy ComAanv The Byrd Beach residents were invited to the front of the Chambers in order to better see the proposal being submitted by the S.A. Healy Company. Mr. Richard Raab, representing Healy, stated that he was here in the official capacity as President of MTR Development Company, a corporation composed of the Healys and himself. He gave a brief history of the Healy litigation which was culminated on January 24, 1974 when the Fourth District Court of Appeals up- held the zoning ordinance of the Town. He went on to explain that the Healys are now interested in establishing a development plan, consistent with the Town's zoning ordinance, to construct a luxury single family sub- division on this site. He said this will be the most exclusive and elegant single family residential development that has ever been undertaken in the state of Florida. Price of homes will range from $500,000.00 to over $1,000,000.00. • Mr. Raab named the professional team he was working with: Minutes Highland Beach Town Commission Regular Meeting December 4, 1979 Page 3 of 11 Dr. Richard Orman; Mr. Warren E. McCormack; Mr. Thomas J. Campbell; Dr. Manley L. Boss; and Mr. James W. Nowlin, Jr. of Nowlin & Adams, Legal Counsel. Dr. Richard Orman then addressed. the Commission, followed by Mr. McCormack who stated that thirteen single family homes were being proposed for the east side of AlA and six additional single family homes on the west side of AlA. Dr. Orman then called on Mr. Campbell who discussed beach preservation. Dr. Orman asked the Commission if they were interested in the single family development aspect and was informed by Mayor Horton that they were indeed interested. Discussion followed and it was decided that a Workshop Meeting should be held on Tuesday, December 11, 1979 at 1:30 P.M. to discuss the plan for the west side of AlA only. A recess was then called at 2:30 P.M. The Regular Meeting of the Town Commission was reconvened by Mayor Horton at 2:40 P.M. Reports - Town Commission ,~"'r (a) Mayor Louis Y. Horton - Mayor Horton read a thank you letter from former Vice Mayor Ruth E. Mumford; a thank you letter from Judge D. Wessel for the Resolution the Town forwarded to him, and then mentioned dates for the meetings of December 25 and January 1 which are Christmas and New Year's Day. MOTION by Commissioner Storm/Commissioner Bauer that the meeting dates be changed to Wednesday, December 26, 1979 for the Workshop Meeting and to January 2, 1980 (Wednesday) for the Regular Meeting. A voice vote unanimously approved these changes. Mayor Horton then announced that due to the favorable bond sale and the outlook for the situation in regard to water connection fees, he would like to rescind the "deductions" in the water plant construction job awarded to Intercounty Construction for $1,264,566.00 Minutes Highland Beach Town Commission • Regular Meeting December 4, 1979 MOTION to reconsider, made by Bauer, the action of awarding $1,264,566.00. In calling fo favor of this. Page 4 of 11 Mayor Horton and seconded by Commissioner to Intercounty Construction the job of r the question, the vote was unanimous in MOTION by Commissioner Storm/Commissioner Bauer that the entire contract on which they bid for a total of $1,436,000.00 be awarded to Intercounty Construction. In polling the Commission, the vote was unanimous in favor of awarding the full contract. (b) Commissioner Harry Bauer - Commissioner Bauer commented on the newspaper article that appeared in the Sun Sentinel this morning (December 4th) concerning the Paramedic Service in the Town. (Attachment) Commissioner Bauer informed the Commission that he would keep on top of the matter and until he hears differently from Del Trail, it will remain as is with a full round-the-clock Paramedic Service. • (c) Commissioner Peter J. Genovese - Commissioner Genovese reported that it looks like the matter of the seized boat is finally going to be resolved, however, he would let the Town Attorney give more details regarding this. (d) Commissioner Harold C. Storm - Commissioner Storm reported that he will be attending the "208" meeting in Palm?Beach on Friday. He reported on the critical water conditions in Palm Beach County, and that he had met with Mrs. Roberts and Mr. Gaudette of County Sanitation and that the contract expansion is an excellent one. (e) Commissioner Mary Louise Blosser - No report. Reports of Boards and Agencies of the Town (a) Board of Adjustment - Mrs. Roberts reported that this Board is having an Organizational Meeting on Monday, January 14, 1980 at 1:30 P.M. (b) Community Appearance Board - No report. (c) Code Enforcement Board - Mr. Gilday reported that this • Board held a meeting last week and approved the necessary Minutes Highland Beach • Town Commission Regular Meeting December 4, 1979 Page 5 of 11 forms that will be used. He also stated that they will have no meeting in December and the next meeting will be in January, with the understanding that should the need arise, a Special Meeting could be called. (d) Housing Board of Adjustment & Appeals - Mrs. Roberts said that this Board will be meeting Wednesday, December 12 at 10:15 A.M. (e) Planning Commission - Mrs. Roberts stated that this Board will be meeting next Wednesday (December 12) at 7:30 P.M. Mrs. Roberts reminded the Commission that this Board has scheduled a Public Hearing for Lot 71E on January 9, 1980. Reports - Representatives Re: (a) Metropolitan Planning Organization & Transportation - Mr. Wilson had asked Mrs. Roberts to report that he had attended • the meeting on November 15 - the next meeting will be in December which he will also attend. (b) South Florida Water Management District - Mr. Carberry stated that the new enlarged WET Group met on November 20, 1979 with most of the condominiums in the area represented. Another meeting will be held on December 18th with the new group being asked to bring in any suggestions that they might have for conserving water. Mayor Horton asked Mrs. Roberts to ask the members of the WET Group to bring to their next meeting information regarding their sprinklers and/or sprinkler timers. Reports - Town Attorney Mr. Sliney reported that the 4th District Court of Appeals had relinquished jurisdiction of the boat, now to return to lower court. He further reported that a hearing was held on a Motion to Dismiss the Third Amended Complaint in the Drexel matter, and the Van Lennep motion for continuance is scheduled to be heard on December 6th. Commissioner Bauer said that he had a neighbor who was very inter- ested in purchasing the boat when it becomes available for sale. Minutes Highland Beach Town Commission • Regular Meeting December 4, 1979 Reports - Town Manager Page 6 of 11 Mrs. Roberts reported that a copy of a proposal had been given to the Town at 1:10 P.M. today by-Ross, Saarinen, Bolton & Wilder, Inc., Town Engineers, who are working for the Town re: the Healy Subdivision Petition. She is seeking approval for this and asked if a Special Meeting should be called for this purpose. She then reported that the Palm Beach County Municipal League met in Highland Beach on November 15, 1979, with Mayor Horton welcoming them to the Town - the next meeting will be in Belle Glade on Friday, December 7th. The Executive Board held a meeting this morning in Palm Beach at 8:00 A.M. Mrs. Roberts had nothing to report for the Treasure Coast Regional Planning Council. Other meetings that she had this month were: with the Healy people, County Sanitation, Commissioner Storm, the architects, the engin- eers, bond consultants - re: arrangements for closing of the bonds; she's been working on a construction payment schedule; • she met with Earl Harvel; with the representative from Callaway; with condo residents regarding water conservation; with bank representatives; and attended a computer conference at IBM last Friday. Correspondence that she has received has been from: Legislators thanking us for the Resolution about revising the Local Government Financial Emergency and Accountability Act; a thank you letter from Damon Smith, Senator Chiles' assistant; a letter from the Hoffmann people, designating Mr. Walter Young to act in their behalf for the purpose of obtaining site plan approval from the Town. Mrs. Roberts has it on good authority that this property has been sold. Mrs. Roberts stated that she had received a copy of a book on dual taxation;. she has accepted the population update from the University of Florida with the Commission's concurrence; received an invitation for an Open House for the Parent-Child Study Center in West Palm Beach on December 15th. She apologized for the inconvenience caused by the Post Office holiday set-up; she mentioned the FPL Energy Van visit on November 23, 1979; and the alterations being made at the Fire Station. She Minutes Highland Beach Town Commission • Regular Meeting December 4, 1979 Page 7 of 11 said that the firemen are temporarily staying at the former O'Dunne house. Mrs. Roberts reported that the Property Appraiser's representatives will be in Town Hall on February 26, 1980 for the purpose of taking Homestead applications. The Town Manager then reported on the various departments: Building Department A final Certificate of Occupancy was issued for a tri-plex on Highland Beach Drive; issuance of a demolition permit for the Hoffmann house; and a foundation permit for four units on Lot 29. Finance Department Mrs. Roberts informed the Commission that for the fiscal year • ended September 30, 1979 the Town had received $2,732.64 in Court revenues. Another $196.00 was received in October for a total of $2,928.64 received from January through the end of October. Tax money received was $11,775.00 and from Durbin Paper Company - $22.25. The franchise fee received from Florida Power & Light amounted to $6,006.12. Health Department Mrs. Roberts said that malayan palms are still being sold and people are still injecting their palm trees for lethal yellow. Maintenance Department A Del-Trail staff member inspected the Town Hall last week - one exit light was out - but that has been corrected. Police Department Chief Kenneth Jones entered the meeting at this time (3:15 P.M.). The patrolmen are at the shooting range and Chief Jones had been on patrol. Mrs. Roberts said that the Police Chief had attended the C.D.C. Meeting in Delray Beach this morning where the 911 • System was discussed. A State Law requires that this be in Minutes Highland Beach Town Commission • Regular Meeting December -4, 1979 Page 8 of 11 operation by 1981. A letter of thanks from Encore Service Systems to Mr. Jefferson Milner, Mayor of Boca Raton, was placed on the clipboard. This refers to an emergency telephone call to C.D.C. Mrs. Roberts also reported that the Chief attended a Hurricane and Disaster Seminar on November 9th in West Palm Beach. She said it was felt that a state-wide evacuation program will be forthcoming. Town Clerk This department has been kept busy with registrations, re-regis- trations, and contacting all the condominiums for up-to-date lists of the residents. Water Department • Mrs. Roberts stated that the water consumption for the month of November was 21,000,000 gallons plus - similar to October. The response to the water conservation plan has been great, she said. She informed the Commission that Mr. Delaney of Boca Hi has offered awards to the "Water Saver of the Month" for the first four months of 1980 plus a "Super Water Saver of the Season" award for the building that has saved the most water during the entire season. New water conservation bumper stickers will be ordered. Sewage System Mrs. Roberts reported that Carl Howard is going to design a system of his own for the emergency lights to operate in case of a power failure. It was told by Mrs. Roberts that signs have been placed on the Bel Lido bridge saying "Trucks Only - Full Stop". A proposal has been received from Strock Engineers regarding this bridge - this will be discussed further at the meeting to be held next Tuesday, December 11, 1979. • The Town Manager then spoke of Public Hearings on Zoning to be held in January and Mr. Sliney said that he would get with the Minutes Highland Beach Town Commission • Regular Meeting December 4, 1979 Page 9 of 11 Staff. He felt that January 10th and 24th could be the two hearing dates, but will discuss it more fully later. Discussion took place regarding the closing of the bonds which will be December 20, 1979 at 9:30 A.M. in either the Board Room in the First Bank & Trust - or Mr. Sliney's Board Room on the 7th floor of the same building. Mr. Sliney stated that he would contact Mr. Livermore's office informing them of this. It might be arranged for Mayor Horton to sign the bonds on December 19th. Proposed Ordinances (a) Proposed Ordinance No. 374 - Amending Chapter 29-10 entitled "Water Use Rates and Charges" of the Code of Ordinances. First Reading - November 6, 1979. This ordinance was read in its entirety by Mayor Horton. MOTION by Commissioner Storm/Commissioner Genovese that this ordinance • be adopted as read. In polling the Commission, the vote was unanimous in favor of adoption. (b) Proposed Ordinance No. 375 - Amending Chapter 29 entitled "Water System" of the Code of Ordinances. First Reading - November 6, 1979. This ordinance was read in full by Mayor Horton. The word "nor" under Section 29-23 Paragraph 1 was changed to "or", and with that change, A MOTION was made by Commissioner Bauer and seconded by Commissioner Genovese that the ordinance be adopted. Polling the Commission resulted in a unanimous vote in favor of adoption. Proposed Public Hearing Date for: (a) Zoning Changes The dates of January 10 and 24, 1980, as discussed previously in this meeting, were set for the Public Hearing on Zoning. Mrs. . Roberts asked if the time could be at 7:00 P.M. and there were no objections to this request. Minutes Highland Beach • Town Commission Regular Meeting December 4, 1979 (b) Lot 71E Page 10 of 11 Mrs. Roberts stated that the Planning Commission has set their Public Hearing for January 9, 1980 on the above property. After discussing this, it was the consensus of the Commission to hold their Public Hearing on the 24th of January, along with the Public Hearing for Zoning. County Sanitation Contract Mrs. Roberts explained that she had given a copy of the revised contract to Mr. Sliney to review. All of the items that she and Mr. Sliney discussed with Mr. Gaudette have been corrected. It was the consensus of the Commission that this was an excellent contract and a MOTION was made by Commissioner Storm and seconded by Commissioner • Bauer that this revised contract as submitted by County Sanitation and amended by Town Counsel and the Town Manager be adopted. Polling the Commission gave a unanimous vote for adopting this contract. Old Business Mr. M. H. W. Dent, a Town resident, then addressed the Commission regarding the Healy and Van Lennep matters, and Chapter 30 of the Code of Ordinances. Discussion then took place regarding the Healy proposal and Mr. Sliney said he would talk with Mr. Callaway concerning this. New Business None Bills for Approval Mrs. Roberts presented the bills for approval. Minutes Highland Beach Town Commission Regular Meeting December 4, 1979 Page 11 of 11 MOTION by Commissioner Bauer/Commissioner Genovese that the bills be approved for payment. Voice vote was unanimous in favor of this. Meeting ADJOURNED at 3:50 P.M. APPROVED: ATTEST: ~ 1~~~~~'4 ~~~/ wn Clerk Louise Horton, Mayor Harold C~torm, Vice Mayor Harry Ba r, Commissioner Commissioner DATED: December 18, 1979