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1980.12.02_TC_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission Regular Meeting December 2 1980 1:30 P.M. The Regular Meeting of the Town Commission, Town of Highland Beach, Florida, was called to order at 1:30 P.M. on Tuesday, December 2, 1980. Those in attendance were: Mayor Louis Y. Horton, Vice Mayor Harold C. Storm and Commissioners John J. Basso, Mary Louise G. Blosser and Peter J. Genovese. Also in attendance were: Elaine W. Roberts, 'Town Manager; Thomas E. Slixiey, Town Attorney; Police Chief Kenneth Jones and Jane E. Barker, Town Clerk. There were several people in the audience. Pledge of Allegiance Approval of Minutes October 28, 1980 - Public Hearing, Special Meeting • and Workshop Meeting November 5, 1980 - Regular Meeting MOTION by Vice Mayor Storm/Commissioner Basso that the minutes be approved as written. All Commissioners voted Aye. Public Reciuests and Comments Mayor Horton called for any comments or requests from the floor. Mr. Harry Smith, Attorney with the firm of Smith and Mandler in Miami, representing Foundation Investments, Inc., Mr. Philip Colman, Developer of the project known as Villa Magna, addressed the Commission. Mr. Smith apologized for not being at the Town Commission Special Meeting last week, however, he stated that he had requested Mr. Sliney to inform him of any meetings being held concerning Villa Magna. Mr. Smith stated that Mr. Colman had also written to the Mayor requesting notification of any meetings. They did not receive such notice and said they would appreciate having this matter reviewed again. Mayor Horton informed Mr. Smith that the Commission was merely ruling on Mr. Hamzik's interpretation at tl~e Special Meeting; Minutes Highland Beach Town Commission • Regular Meeting December 2, 1980 Page 2 of l4 they had not expected any problem to arise; and he would be welcome to address the Commission at this time. Mr. Smith stated that he wished to explain their position and the controversy regarding the sixteen cabana units involved, as to whether they could be habitable units. He referred to the South Florida Building Code and the Highland Beach Building Code in quite some detail. After Mr. Smith spoke for some time, Mr. Colman, Developer, also addressed the Commission, as well as Mr. Twitty, Architect. Mr. Smith explained that the Condominium Documents would not permit unit owners to use these "cabanas" as habitable units, which would greatly "cheapen" their expensive apartments. After about an hour's ,discussion, Mayor Horton called for a Motion that the ten cabanas as originally set forth on plans approved by the Planning Board be considered as non-habitable • areas. There was no Motion. MOTION by Commissioner Genovese that these ten units originally set forth be considered non-habitable and to be used for recreational purposes. This statement is to be carried forth in the Documents sold to the unit owners. Commissioner Basso seconded this MOTION. Vice Mayor Storm requested that the amendment be read for the record. Mr. Smith obliged by reading the amendment. In polling the Commission, the vote was as follows: Mayor Horton - Aye; Vice Mayor Storm - Aye; Commissioner Basso - Aye; Commissioner Blosser - Nay; Commissioner Genovese - Aye. The MOTION carried four to one. Reports of the Town Commission (a) Mayor Louis Y. Horton - Mayor Horton reported that the Area Planning Board had distributed a document concerning local government Comprehensive Planning. • A Comprehensive Plan was adopted by Highland Beach in May 1978, Minutes Highland Beach Town Commission • Regular Meeting December 2, 1980 Page 3 of 14 thus becoming the first community in Palm Beach County to do so, and about the fifth or sixth in the state. Mayor Horton then told of the meeting held on December 1st with the Town Manager and several representatives of the Engineers regarding the lime feed problem at the Water Plant. He stated again that the Water Plant Expansion completion date is still set for January 19, 1981. Mayor Horton said that with the prime interest rate now at 18 /, the agreement made for the revenue bond issue for the purchase of the sewer system at 8/ looks better all the time. (b) Vice Mayor Harold C. Storm - Vice Mayor Storm reported that the Financial Advisory Board will be meeting on Friday morning, December 5th at 10:00 A.M. (c) Commissioner John J. Basso - No report (d) Commissioner Mary Louise G. Blosser - No report (e) Commissioner Peter J. Genovese - Commissioner Genovese spoke of the recent fires and disasters as well as crime and corruption taking place today. Discussion took place regarding having the older apartments in Town sprinklered, with Mayor Horton stating that he had a note on his desk to speak with Commissioner Blosser about what might be done in regard to getting those condominiums not now sprinklered - sprinklered. He asked Commissioner Blosser to check with the Town Attorney and the Building Official to see what other communities have done. Commissioner Genovese said he would like to see Crime Watch Committees formed and stated he would draw up a format for doing so. He also suggested calling it the "Crime and Fire Vigilante" Committee. Mrs. Roberts said that ten years ago work was started on "pre-fire planning", making suggestions for fire drills in condominiums; how the fire hydrants are checked periodically and how each building in Town is responsible for their own fire alarm system. Minutes Highland Beach Town Commission • Regular Meeting December 2, 1980 Page 4 of lq. Mayor Horton stated that he felt the Hotel and Restaurant Association checked out any building with more than two units at least every six months. Commissioner Basso suggested an ordinance stating the fire hydrants should be clear of weeds and trash and much discussion ensued. Reports - Boards and Agencies of the Town (a) Board of Adjustment - No report (b) Code Enforcement Board - Mrs. Roberts stated that the Board Members needed to be reappointed for the following: Mr. Roehner and Mr. Scholz for three-year terms; Mr. Nastri and Mr. Chironna for two-year terms; Mr. Turner and Mrs. Gerber for one-year terms as was recommended. by them. Mrs. Roberts further stated that this Board had recommended Mr. Myron O'Brisky as Alternate #l. MOTION by Vice Mayor Storm/Commissioner Basso that the above six members be reappointed and Mr. Myron O'Brisky be appointed as Alternate No. 1. All Commissioners voted Aye. Mayor Horton stated that one more alternate is needed for this Board. (c) Community Appearance Board - Mrs. Roberts said that Mr. Royce Frederick had attended one of the CAB Meetings but, as yet, no recommendations had been received for Alternate #2. (d) Financial Advisory Board - This Board will be meeting on Friday, December 5, 1980. (e) Housing Board of Adjustment & Appeals - No report (f) Planning Commission - This Board has recommended that Mr. Ben Stephenson be appointed as Alternate No. 1, replacing Mr. Ed. Sullivan. Mr. Stephonson's • term would run until ~.'uly 1981. Minutes Highland Beach Town Commission • Regular Meeting December 2, 1980 Page 5 of 14 MOTION by Commissioner Basso and seconded by Vice Mayor Htorm that Mr. Ben Stephenson be appointed as Alternate No. 1 to the Planning Commission. All Commissioners voted Aye. Reports - Representatives Re: (a) Metropolitan Ping. Organization & Transportation (Don Wilson) Mr. Wilson reported that for the month of November, "they had no funding, no meetings and no report". (b) So. Florida Water Mgt. District (Frank Carberry) Mayor Horton announced that the South Florida Water Management District was about ready to complete their report covering the Town of Highland Beach's water conservation program efforts last winter and spring. It is expected to be quite complimentary to the people who served on that committee. Mr. Carberry's report stated that New Jersey is rationing water; New York City, as of yesterday, had a hundred days' supply left; and Delray and Boca are experiencing water problems. In com- parison, Highland Beach doesn't look too bad. Reports - Town Attorney Mr. Sliney stated that he and Attorney Petzxild have been working on the Van Lennep brief and appeal; Commissioner Genovese and he have discussed the Massengill matter and Mr. Sliney will be filing a Motion to Dismiss. Mr. Sliney said that the bond issue matter looks like it is all set to go, with the target date for purchase set for December 15, 1980. Discussion took place regarding law suits and the Public Offic- ials' Liability Insurance covering same. Reports - Town Manag'er Mrs. Roberts reported on meetings in November: The Palm Beach County Municipal League met in Royal Palm Beach on November 13th; the Annual Barbecue of the League will again be in Belle Glade Minutes Highland Beach Town Commission Regular Meeting December 2, 1980 Page 6 of 14 on December 12; the Treasure Coast Regional Planning Council meeting will be on December 11th in Stuart. Mrs. Roberts said that the Safety Committee inet on November 14 and later on in the meeting, the Commission will be able to take action on the Policy Statement which the Safety Committee has submitted. Mrs. Roberts said that the AlA Committee met on November 17th, again on November 21st, and will be meeting on December 4th. Other meetings that Mrs. Roberts attended were with architects regarding proposed development; architects for the Municipal building; the Boca Raton City Manager; Dave Gaudette of County Sanitation; Art Nicholson and Mike Walther about the Bel Lido Bridge; the auditors; Carl Howard and Al Stano; and Water Management District representatives. Mrs. Roberts said she had received correspondence regarding dual taxation, a letter of thanks from Mrs. Ferriday of Seagate; • and a notice that Damon Smith, Administrative Assistant to Senator Chiles, will be in Town Hall on Tuesday, December 9, 1980 from 9:30 to 10:15 A.M. Mrs. Roberts said that information had been received from Representative Jim watt, the new Chairman of the Legislative Delegation, listing the Delegation meetings. An article appeared in the Sun-Sentinel on November 27th about Palm Beach cities being upset over the erroneous tax notices sent out this year. (Ours also conta~tned errors.) Mrs. Roberts said that Mr. Raymond Blosser had sent a notice to the Town recommending that an ordinance be passed similar to the one adopted in Boca Raton, regarding civil actions in which any official of the City is named as Defendant and how that person would be protected. Mr. Sliney will look into this and report back to the Commission at the December Workshop Meeting. Mrs. Roberts stated that she had ordered a dozen copies of the recommendation list from the Area Planning Board, which Mayor • Horton spoke of, on how to change the Comprehensive Plan in Minutes Highland Beach Town Commission • Regular Meeting December 2, 1980 Page 7 of 14 the future. She felt they would be of value to the various Boards. Six Staff members attended the Palm Beach County all-day Seminar on local government on November 20, 1980, which Mrs. Roberts stated was most educational. The plans for the new Municipal Complex have been in the conference room, Mrs. Roberts said, and she asked if the Commission were ready to approve them in order that the architect can draw up a bid package. Commissioner Blosser asked regarding ceiling fans and a sprinkler system. Commissioner Basso again spoke of an area to be set aside for the Commission's use. The Commission informed Mrs. Roberts to proceed with the bid package. Mrs. Roberts reminded the Commission that the last extension granted to Hoffmann expires on January 1, 1981 and she does • not know if they will be seeking another one or not. Mrs. Roberts informed Commissioner Basso that, in speaking with Florida Power & Light officials, she was told they are sending letters to the condominium construction sites trying to arrange underground installations for future building. As far as the present buildings are concerned, underground installation will probably not take place for several years to come. Southern Bell, however, is proceeding with their underground installations. Mrs. Roberts then spoke of the Del Trail budget and said the new budget should be received within the next week. Mrs. Roberts reported on the following departments: Building - This department has issued permits valued at almost $7,000,000. in estimated cost of new construction, the biggest one being Ocean Dunes with the building permit being issued for the value of $5,406,000. This department also issued building permits for the recreation facility at Maravilla (Healy), and Edgewater Townhomes. Final C/O's have been issued to the Jerry Johnson residence, the Boca Hi Beach Club, a four- . Alex just south of the Bel Lido Bridge, a six-plea on Bel Air Minutes Highland Beach Town Commission . Regular Meeting December 2, 1980 Page 8 of 14 Drive and temporary C/O's to most of the floors in Trafalger (Lot 109 East). Mrs. Roberts mentioned the memo from the Building Official regarding Jamaica Manor and Villa Magna. Mayor Horton stated that the stairs at Jamaica Manor extend over onto the villa Magna property; however, the matter is being handled by the two parties involved. It was the consensus that this matter did not affect the Town Commission. Much discussion then took place regarding the request from Holiday Inn to expand their present building and it was decided that nothing more could be done now. Mrs. Roberts spoke of the memo re: building update in Town which she and Mr. Hamzik prepared. Finance . Mrs. Roberts reported that $389.00 was collected from the Court through October; Florida Power & Light for November was $8,108.00; investments amounted to $9,195. for November. The Auditors presented their preliminary report to the Mayor, Vice Mayor, Manager and Finance Staff on November 25, 1980. Charlotte Reece and Bette Barker attended a week-long course given by F.A.U. which will apply to the certification of their positions. Health - No report Maintenance - Mrs. Roberts said there were sixteem malayan palms left and asked the Commission for approval to purchase fifty more trees. There were no objections to buying more trees. Mrs. Roberts said that Mike and Larry had uniforms now and would be getting name tags shortly. Police - Mrs. Roberts asked if there were any questions regarding the police report and Vice Mayor Storm asked regarding the parking tickets issued. Chief Jones informed him that these were issued mainly on Saturdays and Sundays when people parked • their cars and went to the beach. Discussion took place Minutes Highland Beach Town Commission • Regular Meeting December 2, 1980 regarding burglaries that had occurred at Holiday Inn. Page 9 of 14 Mrs. Roberts spoke of the C.D.C. Meeting held this morning when a status report was distributed showing the activity from January 1, 1980 through October 28, 1980. Highland Beach portion was 929 calls out of a total of 75,266 (1.23/). Mrs. Roberts stated that the Commission had requested a recommendation from Chief Jones regarding supervision on the police tours of duty and Mrs. Roberts read this for the Commission. Mrs. Roberts then talked about the water plant and said that Well No. 6 should be on stream very shortly. She asked. the Commission if Tom Graham, Water Plant Operator, should hire his own men when the new plant went into operation and the consensus was to do this. • Mrs. Roberts reported that the Bel Lido Bridge was opened for traffic last Wednesday, November 26, 1980. There is still some finish work to be done and an inspection will be conducted before final payment is made. Mrs. Roberts made the suggestion to the Commission that the Planning Commission include recreation in the site plan review in the future. Mayor Horton requested Mrs. Roberts to put her thoughts on paper and the matter will be discussed at the Workshop Meeting on December 30, 1980. Proposed Ordinances (a) Proposed Ordinance No. - An Ordinance of the Town of Highland Beach, Florida, to amend Chapter 19, entitled "Plumbing" of the Code of Ordinances, adding a New Section 19.5 "Temporary Toilet Facilities". - First Reading - November 5, 1980. This Proposed Ordinance was read in full by the Town Clerk. MOTION by Vice Mayor Storm/Commissioner Basso that this proposed • ordinance be adopted as read. In polling the Commission, the vote Minutes Highland Beach Town Commission • Regular Meeting December 2, 1980 Page 10 of 14 was as follows: Mayor Horton - Aye; Vice Mayor Storm - Aye; Commissioner Blosser - Aye; Commissioner Basso - Aye; and Commissioner Genovese - Aye. (b) 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". (c) 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". (d) 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". • The above three proposed ordinances were read by title only by the Town Clerk. This constitutes a First Reading. (e) 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 ended September 30, 1980. This proposed ordinance was read by title only by the Town Clerk and is also a First Reading. Proposed Resolution Proposed Resolution No. 411 - A Resolution amending Resolution No. 408 of the Town of Highland Beach, Florida, entitled "Resolution providing for the acqui- sition of certain sewer facilities by the Town of Highland Beach, Florida; authorizing the issuance by the Town of not exceeding $800,000.00 Sewer Revenue Bonds of the Town to finance the cost thereof; providing for the payment of the principal of and interest • on the bonds; and providing for the rights of the holders of the Bonds;" in certain respects; designating the paying agent; and Minutes Highland Beach Town Commission • Regular Meeting December 2, 1980 providing an effective date. Page 11 of 14 This Proposed Resolution No. 411 was read in full by Mr. Sliney. MOTIOLd by Commissioner Basso and seconded by Commissioner Blosser that this Resolution be adopted as read. All Commissioners voted Aye. Items ,eft Over from the Workshop Meeting 80.50 Regarding Sewage System - (a) Mrs. Roberts reported receiving a call from the Attorney who is checking over the contract for Lift Stations 4 and 5 modification. Carl Howard has reviewed the plans, so it will just be a matter of a few days before going out for bids. She sought the Commission's approval for the engineer to solicit bids as soon as she hears from the Attorney. • The Commission had no objections to her doing this. (b) Mr. Stano has been down to look at the Lift Station lights that Carl Howard has proposed and was in favor of them. Mr. Stano also thought that an audible alarm should be installed as well as the lights. Mrs. Roberts sought the Commission's approval for the strobe lights if they were satisfied with Mr. Stano's recommendation. MOTION by Vice Mayor Storm/Commissioner Genovese that Carl Howard be instructed to proceed with the installation of the strobe lights on the lift stations for the total sum of $2,300.00. All Commissioners voted Aye. Mrs. Roberts then informed the Commission that she had spoken with Mr. Eldon Mariott, City Manager of Delray Beach, this morning in regard to the sewer charges for the Regional Plant and he informed her that the "dock had not started running yet" and nothing has been decided. Mrs. Roberts questioned Mr. Mariott about the part of the contract concerning the ocean outfall. Mr. Mariott informed her that the outfall is still in use. Therefore, this item should be kept in the contract. Mrs. Roberts indicated that a great deal of talk and study Minutes Highland Beach Town Commission • Regular Meeting December 2, 1980 Page 12 of 14 should go into this and Mr. Mariott stated that he would be glad to come to Highland Beach and discuss the contract with the Commission. 80.52 New Style for Town Stationery Different proposals for new Town Stationery have been studied by the Commission and after discussion, a MOTION was made by Vice Mayor Storm and seconded by Commissioner Basso that Proposal No. 1, submitted by the Mayor, be adopted. All Commissioners voted Aye. 80.58 Audit for Fiscal Year 1979-80 This matter had been settled earlier in the meeting. 80.59 Safety Policy Mayor Horton proposed two changes in wording of the Policy Statement. Mrs. Roberts said that the whole package needs Commission approval and after that, the Safety Program will be made an enforceable policy. Mrs. Roberts said that the staff members have already seen this package and input has been received from them. The first things that Mrs. Roberts would like to have made available to Staff are C.P.R. Training, First Aid, and Defensive Driving. She felt that most staff members were interested in these three mainly. Much discussion took place regarding vthich fire department would be giving the C.P.R. Course and Mayor Horton stated that our own Del Trail firemen should present it. It will be determined whether the Defensive Driving Course will be presented by AARP or the Highway Patrol. At this point, the Town Commission approved the Safety Policy with the two changes that Mayor Horton recommended. • Minutes Highland Beach Town Commission Regular Meeting December 2, 1980 Town Manag'er's Reports Page 13 of 14 Mrs. Roberts had spoken to the Commission at the Workshop Meeting on November 25th about changing Grade I in the Salary Schedule. MOTION by Vice Mayor Storm/Commissioner Basso that the Salary Range Schedule be changed. All Commissioners voted Aye. Town Sign Bids Mrs. Roberts stated that the Commission had given tentative approval for MacLaren Sign Co. to proceed with the sign for the new Municipal Complex and she now needed their formal approval. MOTION by Commissioner Basso and seconded by Commissioner Genovese to approve the bid from MacLaren Sign Company for $616.00 to erect the sign in accordance with the design on the blueprints. All • Commissioners voted Aye. Mrs. Roberts brought up the item of the gas pump and stated that, in checking as the Commission has asked, nobody will furnish a free gas pump. A rebuilt pump from Delta Petroleum with a 60-day warranty would cost $925.00. However, Mrs. Roberts stated that Seacrest Petroleum sells them at a cost of $1,095.00 for brand new ones and delivery would take two weeks. MOTION by Commissioner Basso/Vice Mayor Storm that the Town proceed to purchase a new pump for gasoline storage at a cost of $1,095.00. All Commissioners voted Aye. Bills for Approval Mrs. Roberts presented the bills for approval. MOTION by Vice Mayor Storm/Commissioner Basso that the bills be approved for payment. The Commission voted unanimously to approve these bills. Minutes Highland Beach Town Commission Regular Meeting December 2, 1980 Page 14 of 14 Old Business Mr. M. H. W. Dent, a Town resident, spoke about the Bel Lido Bridge; the landscaping for the bridge; the Holiday Inn; and commercial undertakings in Highland Beach. Meeting ADJOURNED at 4:40 P.M. APPROVED: ..,Horton, Mayor ld ,/Storm, Vice Mayor ATTEST: ~ ~~~~~ To Clerk DATED: December 16, 1980 Jbhn J./,~~sso, Commissioner Mary, uis losser, Comm. Peter ~: Genovese, Commissioner