1980.12.30_TC_Minutes_Special~. ,~ ...
TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
Special end Workshop Meetings
December 30, 1980 1:15 P.M.
Mayor Horton called the Special Meeting to order at 1:20 P.M. Those
in attendance were: Mayor Louis Y. Horton, Vice Mayor Harold C. Storm
and Commissioners Mary Louise G. Blosser, John J. Basso and Peter J.
Genovese. Also in attendance were: Elaine W. Roberts, Town Manager,
and Jane E. Barker, Town Clerk.
Mayor Horton called for any requests or comments from the
audience and there were none.
1. Bank Resolution for Sewer System Acctuisition Accounts
Mrs. Roberts explained for the benefit of the Commission
that six bank accounts had to be opened - three checking
and three savings accounts - because of the Sewage System
Purchase Resolution.
Resolution No. 412 was read in full by the Town Clerk.
MOTION by Commissioner Basso and seconded by Vice Mayor Storm that
Resolution No. 412 be adopted as read. The voice vote was unanimous
in favor of adoption.
2. Bills for Approval
Mrs. Roberts presented the bills for approval.
MOTION by Vice Mayor Storm/Commissioner Basso that the bills be
approved for payment.
Commissioner Blosser raised a question about the Bel Lido
Bridge and asked if Attorney Sliney had approved the payment
of this amount and Mrs. Roberts stated that the concurrence
at the Workshop Meeting on December 17, 1980 was that she
should pay all of the bill except the 10/ retainer.
The Commission voted Aye.
Minutes Highland Beach
Town Commission
Special and Workshop Meetings
December 30, 1980
Page 2 of 10
Commissioner Genovese brought up the matter of reactivating the
Police Commission due to the fact that surrounding Towns have
had the problem of resignations from their Police Forces. He
stated that he felt this Commission could act as a buffer for
Mrs. Roberts and, at this time,
made a MOTION that the Police Commission be reactivated. Commissioner
Basso seconded this MOTION, stating that he felt labor problems would
arise in the future and the Police Commission would be the first
people to deal with these problems.
Mayor Horton then spoke up saying that he did not see the
need for the Police Commission, as the prior Commission did
not really perform a function and was therefore disbanded for
this reason. Vice Mayor Storm said he felt that when this
Commission was disbanded, there must have been good Pnd
sufficient reason and could not vote one way or another.
After further discussion,
the Town Clerk polled the Commission, and the vote on the above MOTION
was as follows: Mayor Horton - No; Vice Mayor Storm - No;
Commissioner Blosser - Yes; Commissioner Genovese - Yes; and
Commissioner Basso - Yes. The MOTION carried by a vote of three to
two .
Mayor Horton then requested Commissioner Genovese to submit
his recommendations as to the scope of activity of this
Committee and the personnel involved. He also said that he
would have Mrs. Roberts distribute the original Resolution
which included duties of this Committee.
Mrs. Roberts then informed the Commission that the check
valve in the repump station (next door) was leaking and Earl
Harvel has given an estimate of $850.00 to replace it. She
sought the Commission's approval for this expenditure.
Vice Mayor Storm voiced his opinion shout doing "piece-meal"
work on the water system and Mrs. Roberts stated that .this was
part of normal maintenance. After discussion,
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Minutes Highland Beach
Town Commission
• Special end Workshop Meetings
December 30, 1980
Page 3 of 10
a MOTION was made by Commissioner Genovese and seconded by Commissioner
Blosser that this expenditure of X850.00 be approved. All Com-
missioners voted Aye.
The Special Meeting ADJOURNED at 1:45 P.M.
Mayor Horton immediately called the Workshop Meeting to order and
noted that all Commissioners were present.
Mayor Horton explained in quite some detail about the water
system, the elevated water tower and the problem suffered a
few days ago when the equipment at the base of the water
tower burned out and no water had been pumped in or out.
Mayor Horton further explained that this caused sludge to be
stirred up, making the water discolored. He stated that. had
there been 16-hour personnel on duty, this would not have
• happened. When the new plant is in operation, the minimum
personnel required will be two 8-hour employees for a total
of sixteen hours a day.
Mayor Horton felt that the extra man needed for the new water
plant should be hired immediately rather than waiting until
the new plant is in operation. Discussion took place regarding
Tom Graham being made a Town employee as well as the new man to
be hired.
Mayor Horton reported that the occupancy date of January 19th
at the new plant should be met. Mrs. Roberts reminded the
Commission that the AECOA contract expires on January 4, 1981
and felt that the Town will have to grant an extension.
Mayor Horton felt that any action taken on January 6th at the
Regular Meeting could be made retroactive to January 4, 1981.
Mayor Horton then noted that there were several people in the
audience that could possibly be heard from at this time.
Mr. William Kisker of Nowlen, Lynch & Stewart, Auditors,
addressed the Commission after distributing copies of the
tentative auditing report. He explained the reason for the
Minutes Highland Beach
Town Commission
,• Special and Workshop Meetings
December 30, 1980
Page 4 of 10
report being tentative and that was because on January 1, 1981,
the name of their firm was being changed to Nowlen, Stewart,
Tedamonson & Holt, with himself and Mr. William B. Miner being
admitted as partners.
He proceeded to explain the report to the Commission, going
through it page by page. After completion of his explanation,
Mrs. Roberts requested twenty final copies for the Town.
Mrs. Roberts then announced that the Community Appearance Board
had forwarded a memo dated December 23, 1980 to the Commission
regarding performance and construction bonds and issuance of
temporary certificates of occupancy. It was felt that Counsel
should draw up an ordinance requiring a performance bond in
order that it could be discussed among the Commissioners. Mrs.
Roberts said that the type of Performance Bond that Boca Raton
had has never been challenged in the Courts and is collected
at the same time a temporary C/O is issued.
• At this point, Mrs. Amelie Leng of the Community Appearance Board
and Mr. Nicholas Johnson of the Planning Commission addressed the
Commission, requesting a First Reading of an Ordinance in January,
concerning this item of temporary C/O's. Mayor Horton said that
he thought an ordinance such as this was a good idea and very
probably it could be passed at the February Regular Meeting.
80.40 Status of Sewage System Purchase
Mrs. Roberts announced that the sewage system had been purchased
on December 17, 1980 and all monies had been invested except for
the $12,000. advance, yielding an amount of $3,672. in interest
at the rate of 17%. She then stated that half of the purchase
price was paid to Mr. Delaney and, at Mr. Urbanek's request to
hold the balance until after the first of the year, the Town was
able to invest the other half at a rate of 17'x% until January 5,
1981 for a total of $3,511. The total amount of interest received
was $7,183.
Discussion then took place regarding the proposed increased sewer
rate charges from Delray Beach, with Mrs. Roberts suggesting that
the sewer rate for Highland Beach might have to be raised from
• $4.00 per month to $7.00. It was the consensus of the Commission
Minutes Highland Beach
Town Commission
• Special and Workshop Meetings
December 30, 1980
Page 5 of 10
to delay preparing an ordinance at this particular time until
more information can be obtained.
80.44 Vacancies on Boards
Mayor Horton announced that a notice was received from the
Chairman of the Planning Commission recommending that Ruth Wagy
be appointed as Alternate No. 2 on this Board. This item will
be voted upon at the Regular Meeting on January 6, 1981.
Mrs. Roberts said that vacancies still exist on the Community
Appearance Board, the Code Enforcement Board and the Housing
Board of Adjustment & Appeals and she would welcome suggestions
of names from the Commission.
Ordinances - Proposed
80.43 Proposed Ordinance No. - Cable TV Franchise
• Mrs. Roberts announced that Mr. Tom Gullett, Mr. Richard
Wantshouse and a representative from Teleprompter were in the
audience and Mayor Horton informed these gentlemen that this
was a Workshop Meeting and nothing definite could be done at
the meeting today. It was the consensus of the Commission that
they would study the proposed ordinance submitted by Attorney
Sliney, discuss it at the Regular Meeting on January 6, 1981,
make any changes necessary and read it in the amended form, thus
constituting a First Reading.
80.55 Proposed Ordinance No. - An ordinance of the Town of
Highland Beach, Florida,
amending Sections 9-2 and 9-3 of Chapter 9, of the Code of
Ordinances entitled "Electrical Code".
Discussion took place regarding a change under Section 9-4(c).
This proposed ordinance had a First Reading on December 2, 1980.
80.56 Proposed Ordinance No. - An ordinance of the Town of
Highland Beach, Florida,
amending Sections 3-1 and 3-1.1 of Chapter 3 of the Code of
Ordinances entitled "Air Conditioning Code".
• Section 3-1.1 was discussed with a change being made. This also
Minutes Highland Beach
Town Commission
• Special and Workshop Meetings
December 30, 1980
had a First Reading on December 2, 1980.
Page 6 of 10
80.57 Proposed Ordinance No. - An ordinance of the Town of
Highland Beach, Florida,
amending Sections 7-1 and 7-1.1 of Chapter 7 of the Code of
Ordinances entitled "Building Code".
Mayor Horton stated that under Section 7-l.l the heading should
read "Amendments to The Standard Building Code". First Reading
on this proposed ordinance was December 2, 1980.
80.63 Proposed Ordinance No. - An ordinance of the Town of
Highland Beach, Florida,
amending Ordinance No. 391, which appropriated funds for the
Fiscal Year 1979-80 which began October 1, 1979 and will end
September 30, 1980.
Mayor Horton stated that this proposed ordinance took care of
• the final balancing of the Fiscal Year 79-80 Budget in accordance
with recommendations from the auditors and had a First Reading
on December 2, 1980.
All of the above ordinances will come up for final reading and
possible adoption at the Regular Meeting on January 6, 1981.
Mrs. Roberts said that an ordinance had been submitted to the
Commission amending Chapter 13~ entitled "Housing" primarily
to adopt the newest edition which is 1979. This will have a
First Reading at the Regular Meeting on January 6, 1981.
80.64 Memo from Ray Blosser 12/1/80 regarding Boca Raton Ordinance
This ordinance from Boca Raton concerns covering all employees
by liability insurance rather than just the elected officials.
It was determined that Mr. Sliney would be asked to look over
this ordinance and submit his suggestions to the Commission.
80.65 Bel Lido Bridge Analysis
Mayor Horton stated that he had received two letters from Mr.
Dent, Chairman of the Bel Lido Property Owners' Association,
• regarding the landscaping at the Bel Lido Bridge. Mr. Dent
Minutes Highland Beach
Town Commission
. Special and Workshop Meetings
December 30, 1980
Page 7 of 10
explained about the bids needed for landscaping and the replace-
ment of the sprinkler system. Much discussion took place
regarding these items with Mayor Horton stating that payment
will be withheld until the sprinkler system is settled.
80.66 Recommendations regarding Chapter 30, Zoning
Mrs. Roberts stated that this concerned cabanas, (density bonuses
and Site Plan Review Procedures) which matter has been discussed
previously in earlier meetings. Prolonged discussion took place
regarding Mrs. Roberts' memo of December 15, 1980 to the Town
Commission. (Attachment)
Commissioner Genovese still maintained that a cabana is an
ordinary little but detached from the main building.
Mrs. Roberts then informed the Commission that $925.00 would be
the Town's portion of repaving the Bel Lido Bridge, according
to Mike Walther. The balance would be taken care of under the
contract. Mrs. Roberts asked the Commission if they wanted Mr.
Walther to obtain two other bids and they answered in the
affirmative.
80.67 Proposed Policy regarding notification to persons listed
on agendas
Commissioner Genovese stated that he felt that people should be
notified when any matter concerning them was shown on the agenda
for any of the Town Commission meetings. He said he felt it was
only fair for the person involved to be notified. He suggested
that a letter be sent to all involved and discussion took place
regarding this metter.
At this point, Commissioner Basso inquired as to why the Town
Hall did not have Christmas lights on it during the Holiday
Season?
Getting back to the subject under discussion, it was decided
that in the future, Mrs. Barker would indicate on the original
agenda to whom copies were mailed whenever an item of interest
concerned them.
Minutes Highland Beach
Town Commission
• Special and Workshop Meetings
December 30, 1980
Page 8 of 10
80.68 Request from Urbanetics of Florida, Inc. regarding
Qroperty north of Ambassadors South Sales Trailer
Mayor Horton stated that Urbanetics of Florida, Inc. were
requesting permission to place a sales trailer on this
property in advance of final approval of building plans.
According to the Zoning Code, temporary structures are
not allowed until permits have been issued for a permanent
structure.
Vice Mayor Storm asked Mr. Hamzik for his opinion. Mr.
Hamzik stated that the present building on this property
was very unsightly and he would prefer to see a nicely
landscaped sales trailer instead.
Mayor Horton asked regarding the possibility of these
units becoming interval ownership units and Mr. Erwin
Brand, Vice President of Urbanetics of Florida, addressed
• the Commission and assured them that this was not so.
Much discussion took place regarding the appearance of
the sales trailer and the landscaping surrounding it, the
length of time Urbanetics would be allowed to keep the
trailer on the property and the amount of their cash bond.
Mayor Horton stated that this was a Workshop Meeting and
nothing could be decided at this time; however, Mr. Brand
should return next week to the Regular Meeting. Mayor
Horton suggested that the Commission give this matter
some serious thought during the coming week.
Town Manager's Reports
Mrs. Roberts talked about the memo the Commission had been
given on December 16, 1980 regarding "Friends of the
Library". Mayor Horton explained that it will take six
to nine months to get a tax exemption certificate from
Atlanta for an organization of this kind. He stated that
Counsel has been asked for incorporation papers; however,
Mr. Sliney has been very busy with the Van Lennep brief
and Cable TV and once these are out of the way, he will
be able to devote more time to this issue. Mayor Horton
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• Minutes Highland Beach
Town Commission
Special and Workshop Meetings
December 30, 1980
Page 9 of 10
stated that he will then put something in the Bulletin
concerning the "Friends of the Library" and will seek
donations and establish a fund raising program.
Mrs. Roberts then talked about the Lauderdale Contracting
suit, and said that Attorney Petzold had asked her to
sound out the Commission as to their wishes about nego-
tiating a settlement. Years ago, this suit was instituted
inasmuch as Lauderdale Contracting did not fulfill their
contract. However, the consensus of the Commission was
to let the two attorneys negotiate this matter.
Mrs. Roberts reported that the MSA property, located
within the Hoffmann RPUD, has not yet been conveyed to
Palm Beach County; regarding Lift Station #2, and a
decision per the engineers' request; St. Lucy's fill
plans; the continuation of funding for the "208" Committee;
and a letter from the architect regarding the air con-
ditioning in the new Municipal Building.
She also spoke of the proposed Resolution opposing State
Legislation passed this year regarding pledged collateral
to the State Treasurer, and correspondence from Roberta
Fox, Legislator from Broward County.
She also told of the letter received from Mr. Jim Schubert,
a resident of Byrd Beach. This letter will be acknowledged
by Mayor Horton and the matter will be discussed further
at the Regular Meeting on January 6, 1981.
Mr. M. H. W. Dent, a Town resident, addressed the Com-
mission regarding the Police Commission, the Water Plant,
Urbanetics of Florida and other matters.
s
Minutes Highland Beach
Town Commission
Special and Workshop Meetings
December 30, 1980
Meeting ADJOURNED at 4:50 P.M.
APPROVED:
Page 10 of 10
C
„ez ~`..
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Louis .::Horton, Mayor
:~
ld C,,/ S~or,~, Vice Mayor
J,%~~o, Commissioner
ATTEST:
wn Clerk
Mar Louise G. Blosser, Comm.
Peter J Genovese, Commissioner
DATED: January 20, 1981