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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, C ~ 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 • • 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 ~`.. ~ f 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