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1979.11.06_TC_Minutes_Regular~~ TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission Regular Meeting November 6, 1979 1.30 P.M Mayor Horton called the Regular Meeting at 1:30 P.M. Those in attendance were: Mumford and Commissioners Bauer and Gene absent. (ill) Also in attendance were: Thomas E. Sliney, Town Attorney; Police Barker, Town Clerk. There were a great attendance. Pledge of Allegiance of the Town Commission to order Mayor Horton, Vice Mayor ~vese. Commissioner Storm was Elaine W. Roberts, Town Manager; Chief Kenneth Jones; and Jane E. number of Townspeople also in Approval of Minutes, as written September 25, 1979 - Special Meeting September 25, 1979 - Workshop Meeting October 2, 1979 - Regular Meeting October 16, 1979 - Special Meeting • October 19, 1979 - Special Meeting MOTION by Commissioner Bauer/Vice Mayor Mumford that the minutes, as written, be approved. By voice vote the approval was unanimous. Public Requests and Comments Mayor Horton announced that S. A. Healy Company was on the agenda. at this time, however, they felt that it would be in their interest to meet first with the Staff before appearing before the Town Commission. Ex-Mayor Gilday then addressed the Commission regarding the letter from the Highland Beach Civic League dated November 5, 1979 which concerned Van Lennep and Drexel Management properties. He also stated that the Vial of Life Program will be put into effect within a few days. Mayor Horton stated that Mr. Delaney's letter of October 25, 1979 had been read into the record at the meeting last week regarding the property dispute between Boca-Hi and the Parker interests. He then read a letter received from Highland Beach Property Corporation requesting the Commission to adopt a Motion indicating Minutes Highland Beach Town Commission • Regular Meeting November 6, 1979 Page 2 of 12 this matter has been settled and this, in no way, will be a detriment to Boca-Hi's RPUD other than reduced density. MOTION by Commissioner Genovese/Commissioner Bauer that the expression of the Commission to the Boca-Hi people is that they recognize the settlement of the boundary dispute and see no grounds for prejudice against the RPUD other than the amount of reduced density. Mr. Sliney requested a copy of the agreement when signed and a copy of the diagram showing where the acreage is coming off. Mr. Delaney agreed to this request, and thanked the Commission. By voice vote, the Commission voted unanimously in favor of this Motion. Reports - Town Commission (a) Mayor Louis Y. Horton - Mayor Horton reported that Officer Henry Maher was successful in obtaining an American flag that had been flown over the Capitol Building in Washington, D. C. • and had presented it to the Town. Mayor Horton said that this would be kept until the new building is completed and then ewill be the first flag flown there. Mayor Horton requested that the Town Manager write to Officer Maher expressing the Town Commission's thanks. Mayor Horton then spoke of the letter received from the Highland Beach Civic League, mentioned earlier by Mr. Gilday. (b) Vice Mayor Ruth E. Mumford - No report. (c) Commissioner Harry Bauer - Commissioner Bauer stated that the stickers showing the emergency telephone numbers of the Police and Fire Departments had been received and were available for the Townspeople. Mr. Gilday said that the Civic League would be glad to give these stickers out when distributing the Vials of Life. (d) Commissioner Peter J. Genovese - Commissioner Genovese said that he was pleased to receive the letter from Mr. Deuschle which he had requested at the meeting last week. This concerned J Drexel Management. I Minutes Highland Beach Town Commission • Regular Meeting November 6, 1979 Reports - Boards and Agencies of the Town Page 3 of 12 (a) Board of Adjustment - Terms of four members of this Board expire in November, Mayor Horton said, and he read a letter from Mr. Lloyd E. Brotzman requesting that he not be considered for reappointment to this Board. Mayor Horton thanked Mr. Brotzman for his time and effort which he had given to the Board of Adjustment. His letter of resignation will be accepted after the Board of Adjustment's Public Hearing on November 13, 1979. Mayor Horton then announced the members whose terms expire and a MOTION was made by Commissioner Genovese/Vice Mayor Mumford that Mr. R. C. Frederick be reappointed for a period of one year; Mr. A. J. Kiefer as first alternate for one year and Mr. E. E. Aldrich as a regular member for a three year period. This MOTION was approved unanimously by voice vote. Mr. Brotzman then stated that there would be a Public Hearing on • November 13, 1979 at 7:30 P.M. regarding the Schubert property. (b) Community Appearance Board - No report. Terms of three members are expiring in November and a MOTION by Commissioner Bauer/Vice Mayor Mumford that Mr. N. Hile and Mr. G. G. Lorenz be reappointed to a one year term and Mrs. A. Leng be reappointed to a two year term. Voice vote was unanimous in favor of these reappointments. (c) Housing Board of Adjustment and Appeals - No report. Mayor Horton announced the members whose terms were expiring in November and a MOTION was made by Vice Mayor Mumford/Commissioner Bauer that Mr. J. Donohue and Mr. Harry Walker be reappointed for two year terms as alternates and Mr. J. J. Kanner, Mr. B. S. Stephenson and Mrs. Gertrude Vendeland as regular members for one year terms and Mrs. Mary Louise Blosser reappointed as a regular member for a three year term. All Commissioners voted Aye in favor of these reappointments. (d) Planning Commission - Mrs. Roberts reported that the Town Commission had received a letter of transmittal dated October 22, 1979 from the Planning Commission. This letter Minutes Highland Beach Town Commission • Regular Meeting November 6, 1979 Page 4 of 12 contained proposed Zoning and Comprehensive Plan changes. After the Town Commission has a chance to peruse the above, they can then set the date for their Public Hearing. Mayor Horton said that possibly this date can be decided upon at the Special Meeting being held on November 27, 1979. Mrs. Roberts then stated that the Planning Commission would be holding their regular meeting on November 14, 1979. (e) Code Enforcement Board - Mr. Gilday reported that a meeting of this Board was held on November 1, 1979 .during which Mr. Sliney submitted forms to be used by this Board. These forms were adopted by the Code Enforcement Board. Their next meeting will be November 29, 1979 at 2:00 P.M. Reports - Representatives Re: (a) Metropolitan Planning Organization & Transportation - Mrs. Roberts spoke for Mr. Wilson who asked her to report that the four-laning of AlA will probably never take place. She also • said that they hope to get a historical designation inasmuch as they can not seem to get a scenic designation for this road. (b) South Florida Water Management District - Frank Carberry Mr. Carberry briefly brought the Town Commission up to date on what the South Florida Water Management District has done in the past year. He reported that their budget had been received for the coming year, and the great savings that had been realized at Penthouse Towers after installing plastic bottles in the toilet tanks. Mayor Horton stated that plans are for this to be extended throughout the Town and also to enlarge the WET (Water Emergency Task) Group. Reports - Town Attorney Mr. Sliney reported that he had written to Attorney Shally Fine who represents Van Lennep, suggesting that he contact his client to see if they could come up with a solution in regard to the single family context. He then stated that he would be meeting with Del-Trail this afternoon to go over a proposed agreement • with them re the Rescue Van. He then reported that the hearing on the boat will be held Thursday (November 8) and unless the Minutes Highland Beach Town Commission • Regular Meeting November 6, 1979 Page 5 of 12 Judge reserves his decision, the Town should know something this week. Mr. Sliney said that he had talked with the City Attorney in Boca Raton regarding the use of Spanish River Park by Highland Beach residents in connection with the leasing of the well field. Mr. Sliney also discussed a Mutual Aid Water Agreement with Boca Raton's Attorney and both of these matters will be taken to the Boca City Counsel. Reports - Town Manager Mrs. Roberts read a letter from Town Attorney Cohen dated October 24th regarding Regency Highland litigation. She then reported on meetings held: Palm Beach County Municipal League on October 18th at Lake Clarke Shores; the Executive Board met on November 2nd in Palm Beach; and the entire League will be meeting in Highland Beach on November 15 at 1:30 P.M. The Treasure Coast Regional Planning Council will be meeting in Stuart Thursday, November 8th, at 9:30 A.M. • Meetings during the month were held with: County Sanitation; the Fire Department people, Boca Raton regarding the lease, and Mayor Koch of Gulfstream. Mrs. Roberts received a letter from Mr. Moorhouse of Boca Raton asking when she could meet with him. She further stated that she had met with architects regarding the additional work to be done on the municipal building; the Prudential Insurance people, the bond consultant and the engineers. She then reported on correspondence received: A letter from Mrs. Bach of Aberdeen Arms, commending the staff in her time of bereave- ment; a letter from Marie Strang regarding emergency calls on CB Channel 9; the Army Corps of Engineers who will be holding work- shop meetings regarding wetlands in Dade and Broward Counties. These meetings will be held in January of 1980 and Mr. Hamzik will be attending. Mrs. Roberts told of receiving a copy of the staff report from the South Florida Water Management District and their special conditions for the allocation of more water for the City of Boca Raton; the 1978 Attorney General opinions; an approval from the Department of Natural Resources for seawall work for Legetti, Johnson and Boss. • She stated that she wrote to the Insurance Services office regarding the Town's fire rating; a book was received from the Department of I Minutes Highland Beach Town Commission Regular Meeting November 6, 1979 Page 6 of 12 Environmental Regulations of their new permitting regulations; from Delray Beach, a transmittal of their new Comprehensive Plan; from John Grant and Ken Slinkm~a, correspondence regarding the demolition of the house on the Hoffmann property. The Town Manager then stated that an Attorney General's opinion regarding local Comprehensive Plans was received; the Florida Power & Light Energy Van will be at the Town Hall on Friday, November 23rd; Damon Smith, Senator Lawton Chiles' assistant, was in Town Hall for an hour on Friday, November 2; one of the Post Office clerks resigned in October to work in Fort Lauderdale; and Fred Meyer, a former Town Post Office clerk, will come in to help out over the Holidays. Mrs. Roberts reported that work should be starting shortly on the fire department alterations. The Town Manager then reported on the following departments: • Building Department Certificates of Occupancy were given to a four-plea on Bel Air Drive, a duplex on Highland Beach Drive, Dalton Place except for a 12th floor unit and a temporary C/O to a four-plex on AlA. She stated that she had given the Commission a memo regarding the status of twenty-seven developments in Town. John Helfrich, Building Inspector, received his Certification in October and Mrs. Roberts sent him a congratulatory note. Finance Department Money has been received from Durbin Paper Company;'Florida Power & Light's monthly check was received in the amount of $7,100.; State Revenue Sharing in the amount of $4,600.; Court Money throughout the year in the approximate amount of $2,800.; $702.00 for the additional cigarette tax; and $22,000. for the Road and Bridge Fund for F.Y. 78-79. Mrs. Roberts stated that the auditors have been in the Town Hall and the work is progressing well. Minutes Highland Beach Town Commission • Regular Meeting November 6, 1979 Page 7 of 12 Health Department Twenty-eight malayan palms are still remaining, Mrs. Roberts said, and it is hoped that when people return from the North, these can be sold. Mrs. Roberts stated that Dr. Woodman had been contacted regarding the No-Seeums and he stated that there is not much that can be done about them. Maintenance Department Mrs. Roberts reported that the benches in Town are being painted and the fire hydrants will be painted next. Mrs. Roberts also spoke about the Federal energy requirement of 78 degrees and the certificate of compliance posted on the lobby bulletin board. Police Department • Due to the fact that the police cars are smaller, the same amount of mileage is resulting in less gasoline being used, said Mrs. Roberts. She also reported on a C.D.C. meeting in Delray Beach this morning where it was disclosed that Highland Beach had 815 calls against the total of 70,143 (a little over 1/) for the period January 1, 1979 through October 31, 1979. Mrs. Roberts stated that Chief Jones had attended a C.D.C. Admin- istrative Board Hearing in October and will be attending a Hurricane and Natural Disaster Seminar in West Palm Beach on Friday of this week. Town Clerk's Department Mrs. Roberts reported that the Town Clerk has been corresponding with the Director of the International Institute of Municipal Clerks, forwarding information concerning the Town's Birthday Party, the new Rescue Van, the Water Conservation Ordinance, the Town brochure, the four-wheel drive Scout and the Code Enforcement Ordinance. She also sent information and literature concerning the WET Group. i Minutes Highland Beach Town Commission Regular Meeting November 6, 1979 Public Utilities and Works Page 8 of 12 The Town Manager reported the ten months water usage was: Raw Water - 236,286,000 gallons Treated Water - 243,295,000 gallons Approvals have been received from Boca Raton, except from the Community Appearance Board, for the Water Treatment Plant Expan- sion. Also, approvals were received from the Board of Health and Department of Environmental Regulations. The monthly report from Carl Howa: has been placed on the Clipboard. bids for the lift station battery Board of Health approval has been the sewage treatment plant. Mrs. of the bridge in Bel Lido. rd regarding sewage facilities Mrs. Roberts requested eight light packs and received two. received for the cleaning of Roberts reported on the status • Proposed Ordinances (a) Proposed Ordinance No. 363 - Water Conservation - (First Reading - August 7, 1979) Mayor Horton and Commissioners Bauer and Genovese took turns reading Ordinance No. 363 in full. MOTION by Vice Mayor Mumford/Commissioner Genovese that Ordinance No. 363 be adopted. In polling the Commission, the vote was unanimous in favor of adoption. (b) Proposed Ordinance No. 370 - Amending Ordinance No. 359 of the Code of Ordinances, Limiting the Appointed Terms of the Members of the Various Boards and Agencies of the Town - (First Reading - October 2, 1979) Ordinance No. 370 was read in full by Mayor Horton. MOTION by Commissioner Bauer and seconded by Vice Mayor Mumford that • Ordinance No. 370 be adopted. Polling the Commission resulted in a unanimous vote in favor of adopting this Ordinance. Minutes Highland Beach Town Commission Regular Meeting November 6, 1979 Page 9 of 12 (c) Proposed Ordinance No. 371 - Deletin Chapter 21'~ entitled "Sewage Interim Treatment Plant" from the Code of Ordinances - (First Reading - October 2, 1979) Ordinance No. 371 was read in full by Mayor Horton. MOTION by Vice Mayor Mumford/Commissioner Bauer that Ordinance No. 371 be adopted. The Town Clerk polled the Commission and the Ordinance was adopted unanimously. (d) Proposed Ordinance No. 372 - Amending Chapter 19, entitled "Plumbing" of the Code of Ordinance - (First Reading - October 16, 1979) Commissioner Bauer read Ordinance No. 372 in full. MOTION by Vice Mayor Mumford/Commissioner Bauer that Ordinance No. 372 be adopted. In polling the Commission, the vote was unanimous in favor • of adoption. (e) Proposed Ordinance No. 374 - Amending Chapter 29-10 entitled "Water Use Rates and Charges" of the Code of Ordi~zances - (First Reading - November 6, 1979) (f) Proposed Ordinance No. 375 - Amending Chapter 29 entitled "Water System" of the Code of Ordinances - (First Reading - November 6, 1979) Proposed Ordinance Nos. 374 and 375 were read by title only by Mayor Louis Horton. Proposed Resolution No. 384 - The Financial Responsibility Act The Proposed Resolution No. 384 was read in full by the Town Manager. MOTION by Vice Mayor Mumford and seconded by Commissioner Genovese that this Resolution be adopted. By voice vote, the adoption was unanimous. J Minutes Highland Beach Town Commission Regular Meeting November 6, 1979 Page 10 of 12 Mr. Sliney requested two minor changes in the two Ordinances which had a first reading. Bond Issue Status - Richard Wacmer Mr. Richard Wagner of the Southeastern Municipal Bonds, Inc. was present and had given the members of the Commission a new Proposed Bond Issue Resolution which he and Mr. Sliney read into the record. Mr. Wagner explained two basic changes prior to the reading of this Resolution No. 385. After the reading of this Resolution, a MOTION was made by Commissioner Genovese and seconded by Commissioner Bauer that the Resolution, as read, regarding the bids at public sale for $1,475,000 worth of General Obligation Bonds be accepted. In polling the Commission, the vote was unanimous in favor of adopting Resolution No. 385. • Mayor Horton then informed the audience that today's meeting was somewhat unusual in detail but that it was necessary so that there would be no question concerning the bonds. Bids for bonds will be opened at 11:00 A.M. on Tuesday, November 27, 1979 - a Special Meeting will be called for this purpose. Discussion took place regarding the sale of bonds and the interest rate. MOTION by Commissioner Bauer/Commissioner Genovese that the cognizant body be petitioned for permission to issue bonds at the maximum interest rate of 8/. Commissioner Bauer indicated that the general trend seems to be that the bond interest rate will be going down in the near future. Mr. Wagner suggested to the Commission that they check with the local banks just a few days prior to the sale of the bonds to see what the tax free market is doing. All Commissioners voted in favor of the above MOTION. Mr. Wagner stated that he would furnish Mrs. Roberts with an appli- cation for the Credit Rating and also the draft of the Official Statement. He also discussed the Paying Agent. It is hoped that Minutes Highland Beach Town Commission • Regular Meeting November 6, 1979 Page 11 of 12 at least twelve bids will be received on the 27th of November. Water Treatment Plant Bids Status - John Roberts Mayor Horton stated that after much work and consultations with the engineers, he has come up with a figure that can be handled right now and the Water Treatment Plant Expansion can proceed. The gross amount of the contract to be awarded is $1,264,566. MOTION by Commissioner Bauer and seconded by Commissioner Genovese to award a contract to the Intercounty Construction Corp. and AECOA, Inc. totaling $1,264,566., contingent upon a commitment for financing. In polling the Commission, it was unanimously voted in favor of awarding this contract as above. Drexel Management re: proposed development Mr. Brian Deuschle addressed the Commission. He represents Drexel Management and appeared before the Town Commission at • the meeting of last week. At that time, the members of the Commission requested that Mr. Deuschle provide them with a letter outlining the various sites and what their specific proposals were in respect to each site. Mr. Deuschle did this, however, the Commission stated they had not had time to study this letter received today and stated that they would prefer to peruse this more thoroughly and discuss it further at a Workshop Meeting, to be held on November 27, 1979. Commissioner Genovese explained in some detail what he would like Drexel Management to do in respect to easements in the Town. Agreement between the Town and Del-Trail re: Mobile Intensive Care Unit Mayor Horton spoke of the proposed agreement regarding the Mobile Intensive Care Unit. Mr. Sliney requested that a MOTION be made to have the members of the Commission sign this agreement and then forward it to Del-Trail for their discussion and action. MOTION by Vice Mayor Mumford/Commissioner Bauer that this agreement be • sent to Del-Trail Fire District for signature. The voice vote was unanimous in favor of doing this. I Minutes Highland Beach Town Commission Regular Meeting November 6, 1979 Old Business Page 12 of 12 Mr. Dent, a Town resident, then addressed the Commission regarding the Drexel Management matter. New Business None Bills for Approval None Mayor Horton then read the letter of resignation from Vice Mayor Mumford. He followed this by reading Resolution No. 383 Honoring Former Vice Mayor Ruth E. Mumford. After applause, Mrs. Mumford thanked everyone very much. Mayor Horton then gave a brief history of Mrs. Mumford's career • with the Town. Commissioner Genovese read a poem which had been composed by Commissioner Bauer. Mayor Horton then called Mr. Clarence Mumford to the podium while "fun" gifts were presented to both of them. At this point, Mayor Horton invited everyone in the audience to partake of some refreshments. Vice Mayor Mumford made a MOTION that the Meeting be ADJOURNED. The time was 4:00 P.M. _ ..... ~..M APPROVED: ~ ~'~~~~-y. Louis Y. Horton, Mayor E. Mumford, Vim Mayor ATTEST: -~ ~ ( ~ s i..-t'.~-' 1. a? %~_" `'i4-- a ~~~JI~~ ~^ ,i awn Clerk Ha~-xy~'uer, /gainmiss Peter J.~enovese, Commissi er (absent) Harold C. Storm, Commissioner Dated: November 20, 1979 __