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.
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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
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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.
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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.
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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.
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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 __