1979.10.02_TC_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
Regular Meeting
October 2 1979 1.30 P.M.
Mayor Horton called the Regular Meeting to order at 1:30 P.M. Those in
attendance at the meeting were Mayor Horton, Vice Mayor Mumford, and
Commissioners Bauer, Genovese and Storm. Also in attendance were:
Elaine W. Roberts, Town Manager; Thomas E. Sliney, Town Attorney; Police
Chief Kenneth Jones and Jane E. Barker, Town Clerk.
There were several Townspeople in the audience.
Pledge of Allegiance
Approval of Minutes, as written
August 28, 1979 - Special Meeting
August 28, 1979 - Workshop Meeting
. September 4, 1979 - Regular Meeting which included a
Public Hearing
Mayor Horton made note of a correction in the minutes for the
Workshop Meeting of August 28 and the Regular Meeting of
September 4 - Resolution No. 381 was incorrectly numbered and
should be Resolution No. 379.
MOTION by Commissioner Storm/Commissioner Bauer that the minutes be
approved with the above corrections being made. The voice vote was
unanimous for approval of the minutes as corrected.
Public Requests and Comments
None
Request for Extension of Hoffmann RPUD
Mayor Horton said that this matter had been discussed at the
Workshop Meeting on September 25th and asked if the Commissioners
had anything further on this. Mrs. Roberts informed the Com-
mission that the plans had been returned to the developer in
order that dimensions could be added. To date they have not
been returned to her.
Minutes Highland Beach
Town Commission
Regular Meeting
• October 2, 1979
Page 2 of 11
Mayor Horton stated that general agreement was that the Hoffmann
people were exercising every effort to resolve their problems
with the governmental agencies.
MOTION by Commissioner Genovese that the extension be granted, not to
exceed three months. Commissioner Storm seconded this MOTION.
Commissioner Bauer made the suggestion that the extension be
granted for a period of six months. Commissioner Genovese agreed
with this suggestion, and amended his
MOTION that the extension be granted not to exceed six months with the
proviso that as soon as they receive concrete information from the
State authorities, they will notify the Town Manager. Commissioner
Storm seconded this amended MOTION.
Mr. Sliney stated that it should be understood that monthly
reports must be filed regarding the current status of this case.
• The maker and seconder of the MOTION agreed to this.
The Commission voted unanimously in favor of this extension.
Reports - Town Commission
(a) Mayor Louis Y. Horton - Mayor Horton offered the names of
the following people as regular
members of the newly created Code Enforcement Board for the
Commission's approval.
One Year Appointment - Morton Gilday
Two Year Appointment - John Chironna
George Turner
Three Year Appointment - So11 Roehner
Harry Crane
Mayor Horton made the MOTION that the above named persons be appointed
to the Code Enforcement Board for the periods shown. Commissioner
Genovese seconded the MOTION. By voice vote the MOTION was approved.
Mayor Horton requested Mrs. Roberts to write each board member
notifying them of their appointment, enclosing a copy of the final
• ordinance as passed establishing the Code Enforcement Board, as
well as the names of the other people who will be serving on the
Minutes Highland Beach
Town Commission
• Regular Meeting
October 2, 1979
Page 3 of 11
Board with them. He also asked Mrs. Roberts to inform them that
they will be contacted shortly in regard to setting up an organ-
izational meeting.
Mayor Horton said that word had been received from the State of
Florida Department of Community Affairs that the Town was awarded
a grant of $4,822. under the State's Local Government Compre-
hensive Planning Assistance Program. This was through the efforts
of Mrs. Roberts and Mayor Horton said that the Commission was very
glad she had followed through on this.
Mayor Horton then summarized a letter received from Mr. Ha~zik
dated October 2, 1979 regarding Lots 11, 12, 13 and 14 on Highland
Beach Isles. This property has been sold to Mr. Novelli who has
agreed to redesign the project, and will build four four-plexes,
two stories in height. Vice Mayor Mumford feels that the Planning
Commission should clarify heights in this zoning district. Mrs.
Roberts stated that the Planning Commission will be doing this at
their Public Hearing to be held on Wednesday, October 10, 1979.
• Mayor Horton said that he had received a Resolution from the Town
Council of the Town of Haverhill concerning actions by the County
Commission regarding Palm Beach International Airport. Mayor
Horton did not feel that the Town was involved.
He then mentioned the bumper stickers concerning the water con-
servation, and stressed that the Townspeople will have to under-
stand the need for water conservation this coming season.
(b) Vice Mayor Mumford - Mrs. Mumford said that she had attended
a meeting on September 6th at 9:30 A.M.
on the dual taxation for the Sheriff's Road Patrol. A Fair Tax
Council will be appointed and they will have until May 15, 1980
to come up with ideas of how this matter should be settled. Of
the thirty-seven municipalities in Palm Beach County, thirty-three
of them have their own police patrol.
She further stated that she has been trying to find the proper
agency that would be able to do something about the "No-Seeums"
that are so abundant this year.
. (c) Commissioner Harry Bauer - Commissioner Bauer reported that
the paramedics are now on duty
Minutes Highland Beach
Town Commission
• Regular Meeting
October 2, 1979
Page 4 of 11
at the Fire Station, as promised, by October lst. Improvements
were started on the quarters over the weekend. There are internal
problems with Del-Trail, Commissioner Bauer said, which he hopes
can be worked out satisfactorily, however, the men stationed in
Highland Beach seem to be happy.
(d) Commissioner Peter J. Genovese - Commissioner Genovese said
that he was sorry to hear
of the resignation of one of our young police officers and had
recommended that Chief Jones hire men in the age bracket of
50-55 years of age. He stated that he was pleased that the
policemen had been given substantial increases through the
efforts of Commissioner Storm and Commissioner Bauer.
(e) Commissioner Harold C. Storm.- Commissioner Storm said that
he would be attending the
"208" Implementation Advisory Committee meeting on Friday,
October 5th.
• Mayor Horton then complimented Commissioner Storm and the Finance
Department on the good solid budget for the coming fiscal year.
Reports of Boards and Agencies of the Town
(a) Board of Adjustment - Mrs. Roberts informed the Commission
that the Board of Adjustment would be
holding a Public Hearing on October 16, 1979 - concerning Mr.
Schubert's property.
(b) Community Appearance Board - No report.
(c) Housing Board of Adjustment and Appeals - Mrs. Roberts said
that they would
be meeting next Wednesday, October 10, 1979 at 10:15 A.M.
(d) Planning Commission - This Board will be holding a Public
Hearing on Wednesday, October 10th at
8:00 P.M. regarding proposed changes in the Zoning Ordinance.
(e) Code Enforcement Board - Mayor Horton had already discussed
this Board earlier in this meeting,
naming the appointed members.
Minutes Highland Beach
Town Commission
Regular Meeting
October 2, 1979
Reports - Representatives Re:
Page 5 of 11
(a) Metropolitan Planning Organization & Transportation (Don Wilson)
Mr. Wilson reported that there will be a Public Hearing of the
MPO on October 4th at 3:00 P.M. in the Courthouse in West Palm
Beach on the Year 2000 Transportation Plan and he strongly urged
that one of the Commissioners present Resolution No. 382 - con-
cerning the widening of AlA - at that Public Hearing. The second
item Mr. Wilson talked about was the request to state agencies
designating AlA as a scenic highway.
Mayor Horton then said that he would probably attend this Public
Hearing and read the Resolution for the record.
(b) So. Florida Water Mqt. District (Frank Carberry)
Mr. Carberry reported two meetings had been held since his last
• report. Ideas were discussed - one; how to save water and two;
how to inform the public of these methods of saving water. He
told of the experiment taking place at Penthouse Towers -putting
plastic bottles in the toilet tanks, which saves one quart of
water every time a toilet is flushed.
A meeting was set u~p for Friday afternoon (October 5th) at 2:00 P.M.
for the WET group to discuss further ideas.
Reports - Town Attorney
Mr. 5liney stated that the Bond Issue was validated on September
14th by Judge Hewett and again, he thanked Mrs. Roberts, Bette
Barker and the whole staff for the help he had received from them.
He said he was happy to have this behind him.
He then discussed two old zoning matters - one being Van Lennep
which goes back to 1972 and the other, the Drexel Management case
which goes back to the early 1970's. He said that he had to make f%
a response to Drexel Management but the matter can be discussed
at the next Workshop Meeting.
Commissioner Genovese requested a chronological list of events
• concerning Van Lennep be given to him so that he can study up on
this. This will be furnished to the Commission by Mrs. Roberts.
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Minutes Highland Beach
Town Commission
• Regular Meeting
October 2, 1979
Reports - Town Manager
Page 6 of 11
Mrs. Roberts asked the Mayor if he would like to confirm a
Special Meeting to have a final reading and possible adoption
on Ordinance Nos. 368 and 369, agreed for October 16, 1979 at
9:30 A.M.
Mrs. Roberts stated that the Commission had received a revised
list of Board Members and the dates of their terms. This will
afford them an opportunity for review.
Mrs. Roberts reported on meetings: Palm Beach County Municipal
League on September 20th in Delray Beach; an Executive Board
Meeting will be held on Friday, October 5th, in Palm Beach;
Treasure Coast Regional Planning Council will be held in Stuart
on October 11th at 9:30 A.M. Meetings that Mrs. Roberts attended
in September were: in Boca Raton regarding the Water Treatment
Plant Expansion which was approved; helping the WET Group develop
publicity; toured the Nuclear Plant on Hutchinson Island; met
• with members of the Bond Consulting Firm; and the Board of Adjust-
ment to explain aspects of the new zoning.
She reported on correspondence received: a fully executed copy
of the contract with U.S.G.S. for an extra $1,000.00 which they
gave us for the last fiscal year - the contract for the next
fiscal year will be forthcoming shortly. She said that she had
received the annual issue of the Regional Profile from the.
Treasure Coast Regional Planning Council and a copy of the
Regional Energy Plan. Correspondence was received from Florida
Power & Light telling us that the Energy Conservation Van will
be scheduled for Highland Beach the day after Thanksgiving,
Friday, November 23rd. She stated that a telegram of congratu-
lations was sent to Carl Yastrzemsky, signed by the Mayor, which
she read for the record.
Also received, Mrs. Roberts said, was a copy of the Florida
Water Management District budget; a letter of thanks from Truman
Wright, President of Aberdeen Arms, in answer to Mrs. Roberts'
letter of thanks for the assistance given the police during the
hurricane weekend. She also wrote thank you letters to: Florida
Power & Light; Bruce Adams; Bill Burson, Manager of Southern
Bell; Dr. Neal Frank of the U. S. Weather Bureau; Weaver the
Weatherman; Col. Robert Owen, Director of the Palm Beach County
Civil Defense; Channel 5 and Channel 12 re Hurricane instructions.
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Minutes Highland Beach
Town Commission
• Regular Meeting
October 2, 1979
Page 7 of 11
Mrs. Roberts reported that work has been started on the fire
station; Leadership Cable TV has given her publicity information
and everyone in Town should be receiving this shortly.
The Town Manager then reported on the following:
Building Department
Temporary C/O's have been given to four floors of Dalton Place;
one of the four-plexes on AlA has had a final C/O issued; a
piling permit has been issued to Clarendon; Ocean Terrace North
and Ocean Terrace West.
Finance Department
$2,419.00 has been collected for Court revenue through the month
of July; the first monthly payment from Florida Power & Light
was received in the amount of $7,182.00. Monthly payments from
PFL will be received from now on. The audit work started in
• mid-September.
Health Department
Dr. Weiss was sent a copy of the paramedic information which was
drawn up by Commissioner Bauer. All of the Malayan palms have
not been sold as yet, so for the present, no more will be ordered.
Maintenance Department
Mrs. Roberts said she was very proud of the work the maintenance
people did after the hurricane, getting rid of the trees across
the bike path, and the one which Harry Crane and Commissioner
Bauer cut up which was laying across the entrance to Bel Lido.
Police Report
Mrs. Roberts stated that there is less mileage being shown on the
police cars because the Town is without the seventh officer at
present. Crime is up with two robberies taking place at Holiday
Inn. She attended the C.D.C. meeting this morning. The emergency
number for the Fire Department has been changed to 498-5300.
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Minutes Highland Beach
Town Commission
Regular Meeting
• October 2, 1979
Town Clerk
Page 8 of 11
This department is busy with routine matters and the Town Clerk
and Deputy Town Clerk attended the City Clerks' meeting where
such items as microfilm and election changes were discussed.
The Town Clerk was instructed to mail items of interest to the
International Institute of Municipal Clerks.
Public Utilities and Works
Mrs. Roberts reported that water consumption is down - for
September - 18,000,000; August - 25,000,000 and for July it
was 27,000,000. Total water consumption for nine months was:
raw water - 215,000,000
treated water - 221,500,000
Boca Raton has approved the Water Plant Expansion, with the
exception of the Community Appearance Board. Final plans and
specs have been received and Mr. Sliney was given a copy of the
• specs to look over, reporting back to Mrs. Roberts by October 3rd.
Ads for bids for the Water Plant Expansion were in the papers in
September and the bid opening is scheduled for October 19, 1979.
Palm Beach County Health Department sent an adopted copy of
Environmental Control Rule No. 2. There was a water break on
October 1st from 5:30 P.M. to 10:30 P.M. Mrs. Roberts feels that
all the condominiums and Town Hall should be converted to the 14"
main. It was discovered, she said, that developers have been
moving valves and this will have to be stopped.
Commissioner Bauer reported that the roadway had been disturbed
on the cul de sac on the north end of Tranquility Drive because
of sewer lateral location.
The monthly report from the sewer plant operator has been received.
Status of the bids for the lift station battery light are coming
along well. Equipment purchased from the Highland Beach Utilities
Company - the generator is in the back yard and as soon as Carl
Howard can get at it, the other materials will be taken from the
sewer treatment plant site.
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Minutes Highland Beach
Town Commission
• Regular Meeting
October 2, 1979
Page 9 of 11
Mrs. Roberts reported that as soon as she gets the information
regarding the Bel Lido bridge, she will so inform the Commission.
She also reported that the zoning is being reviewed by the
Planning Commission on the 10th of October.
Proposed Ordinances
(a) 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.
(b) Proposed Ordinance No. 371 - Deleting Chapter 21~, entitled
"Sewage Interim Treatment Plant"
from the Code of Ordinances.
Ordinances Nos. 370 and 371 were read by title only by the Town
Clerk.
• Mayor Horton then discussed Ordinance No. 363 - Water Conservation.
A number of suggestions have been made regarding this proposed
ordinance and Mayor Horton talked about these changes. New
construction has to follow through on water-saving devices and
Mrs. Roberts stated that this should be included in the Plumbing
Code, Chapter 19.
This ordinance will be further discussed at the Special Meeting
to be held on October 16th.
Resolution No. 382 - Opposing the Proposed Widening of State
Road AlA within the Municipal Limits of
Highland Beach, Florida.
This Resolution was read in full by the Town Clerk.
MOTION by Commissioner Bauer/Commissioner Genovese that this Resolution
be adopted. Voice vote was unanimously in favor of adoption.
Beach Walk Development - Proposed Approval for Excavation, Fill
and Boardwalk.
• Mrs. Roberts read for the record the permit application from Beach
Walk Development. Two certified copies of the minutes of this
Minutes Highland Beach
Town Commission
• Regular Meeting
October 2, 1979
meeting will be sent to the developer.
Page 10 of 11
It is required by the D.E.R. that the Town Commission give their
approval prior to D.E.R. approval. The application is subject
to the Town's zoning and ordinance regulations. Mr. Patrick
Mullen of Gee & Jensen, Engineers, addressed the Commission at
this time and explained the situation to them. Discussion took
place.
MOTION by Vice Mayor Mumford/Commissioner Storm that the Town Com-
mission's approval be granted in regard to the referenced permit in
accordance with the standard practice in the past. By voice vote all
Commissioners voted their approval.
Ross, Saarinen, Bolton & Wilder - Cost Proposal for General
Services during construction
and Resident Engineering Services.
Mrs. Roberts spoke to this matter and said that the Design. Phase
• has been completed, and the engineers are waiting for the Town
Commission's approval so that they can get into their next phase.
The costs are higher than the original estimate - by about 5 or 6/.
The reason for the higher figure is because of the detail work.
Mayor Horton said that the Bond Issue was only for $1,375,000 and
he thought the engineers should be informed that they were exceeding
the original estimates.
MOTION by Mayor Horton that approval be given to the engineers' cost
proposal for services during construction. Commissioner Bauer seconded
this MOTION. All Commissioners voted AYE in favor of this MOTION.
Correspondence from Town Resident regarding Public Transportation
for the Town
Commissioner Bauer read a letter from Mrs. Bendix inquiring
about public transportation within the Town. After much discussion,
A MOTION was made by Commissioner Genovese and seconded by Vice Mayor
Mumford that this matter be tabled with the Town Manager sending a letter
to Mrs. Bendix informing her of the Commission's action. The voice vote
was four to one in favor of the above, with Commissioner Storm voting Nay.
Minutes Highland Beach
Town Commission
• Regular Meeting
October 2, 1979
Old Business
Page 11 of 11
Mrs. Roberts said that she had written to Mr. Goetzman of Hill
York Hroward, Inc. telling him that the Town Commission had
denied their request regarding Air Conditioning Fees. Mrs.
Roberts will get with Mr. Hamzik regarding these fees.
Mr. Dent, a Town Resident, addressed the Commission on the
following matters: the grant received concerning the Compre-
hensive Plan; the labor problems at Del-Trail; he is glad that
the Planning Commission is not going to be bothered with the
Van Lennep and Drexel plans, and he thinks that bus service in
Town should be tried out for one month to see how it works out.
He also talked about the water surcharge.
New Business
Commissioner Storm made a statement in favor of bus service within
the Town. A lady from the audience also addressed the Commission
on this same subject.
Bills for ApUroval -None
MOTION by Vice Mayor Mumford and seconded by Commissioner Bauer that
the meeting be ADJOURNED - time 4:00 P.M.
APPROVED : ~~~
Louis Y Horton, Mayor
Rut. E. Mumford, ice Mayor
Commissioner
j~ ,~.-,
ATTEST: ~ .Y%J, & ` r Cj. 1:1r%t,-i~~<J'C_
o Clerk
DATED: October 19, 1979
Peter J' Genovese, Commissioner
Harold C. S rm, Commissioner
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