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1980.11.05_TC_Minutes_Regular TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission Regular Meeting November 5, 1980 1:30 P.M. Mayor Horton called the Regular Meeting of the Town Commission to order at 1:40 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; Thomas E. Sliney, Town Attorney; Police Chief Kenneth Jones and Jane E. Barker, Town Clerk. Pledge of Allegiance Mayor Horton announced that 1,319 people voted in Town Hall on Tuesday, November 4, 1980 with 190 absentee ballots cast for a total of 1,509 or 85% of the registered voters. Mayor Horton requested that Mrs. Roberts obtain the breakdown on the election returns from the Super- visor of Elections and post them on the door of Town Hall. He further requested Mrs. Roberts to write to the people who served on the Election Board, thanking them for their efforts, pointing out that they handled more people than have ever been handled here before. Approval of Minutes September 23, 1980 - Special and Budget Workshop Meeting September 29, 1980 - Public Hearing September 30. 1980 - Special and Workshop Meeting October 7, 1980 - Public Hearing and Regular Meeting MOTION by Vice Mayor Storm and seconded by Commissioner Basso that the minutes be approved as written. All Commissioners voted Aye. Public Requests and Comments Mr. M. H. W. Dent, a Town resident, questioned the condition of the water in Town and Mayor Horton said that he would explain about it during his Report. Reports - Town Commission (a) Mayor Louis Y. Horton - Mayor Horton proceeded to inform the Commission and Mr. Dent that the problem resulted from a malfunction in the lime feed. Mayor . Horton stated that the lime was feeding too fast, then not fast Minutes Highland Beach Town Commission Regular Meeting November 5, 1980 Page 2 of 14 enough and finally it was discovered that a solenoid valve was malfunctioning. This valve has now been replaced and Mayor Horton stated that the water has now cleared up. He said that he had suggested to the engineers and the water plant operator that spare parts be kept in reserve so that immediate replace- ment could be made should future malfunctions occur. Mayor Horton further reported that the rates of flow meters ordered months ago for the water plant will be shipped directly and the new plant should be in operation by January 18, 1981, which is what the contract calls for. Things at the plant are progressing nicely. The Mayor then spoke of forming a Traffic Committee to study the problems on AlA and made a • MOTION to appoint a Traffic Committee consisting of: Don Wilson, Art Nicholson and Dan Kaden, with ex officio members being Chief Jones and Fran Hamzik. Commissioner Basso seconded this MOTION. Mayor Horton requested Mrs. Roberts, when contacting these new committee members, to also contact Mr. Digby Bridges, a developer in Town, who is very interested in this problem and could offer several good suggestions to the Committee. All Commissioners voted Aye in favor of this MOTION. (b) Vice Mayor Harold C. Storm - Vice Mayor Storm reported that interest earnings on investments totaled $6,223.85 in October. He said that a meeting had been held with the auditors and the accounts were in good shape. He also reported that he would be attending the "208" Committee Meeting in West Palm Beach next Wednesday, November 12, 1980. Mayor Horton added the information that the auditors will have no recommendations to make for improvement, which is the first time this has happened. • Mayor Horton recalled another item he wished to report on which concerned the purchase of the Sewer System. He said that Elaine Roberts and Tom Sliney had appeared in Circuit Court last Thursday, October 30th, and the validation of the Bond Issue of $800,000 was approved, with the usual 30-day appeal ~ ~ Minutes Highland Beach Town Commission • Regular Meeting November 5, 1980 Page 3 of 14 period. Mayor Horton had hoped to obtain the information regarding the premium on the MBIA insurance for that issue. This item will be discussed further at the Workshop Meeting on November 25 which will be prior to the expiration of the 30-day appeal period from the validation. (c) Commissioner John J. Basso - Commissioner Basso stated that on August 1, 1980 Mayor Horton sent out a letter to various municipalities seeking their opinions regarding Public Safety Officers. Commissioner Basso was given the assignment of following up on this matter and after analyzing the responses received to the Mayor's letter, it was found that cities that had combined their police and firefighters had to abandon the idea. He went on to say that the police and firefighters' organ- izations across the state are strongly against this concept, including the Highland Beach Police Department. Commissioner • Basso suggested that the Financial Advisory Board look into the possibility of having our own Fire Department and purchasing our own firefighting equipment. Commissioner Basso then made a MOTION that no further consideration be given to the establishment of Public Safety Officers in Highland Beach and the matter be laid to rest. Commissioner Genovese seconded the MOTION. Vice Mayor Storm stated that he felt nothing should be done until Thursday, November 6, 1980, when a gentleman will be addressing the Highland Beach Civic League on this very subject. Commissioner Genovese felt that policemen should be policemen and not firemen. Discussion took place with Vice Mayor Storm asking Mr. Sliney if a Commissioner had to vote on a MOTION or could he abstain? Unless there is a conflict of interest, Mr. 5liney informed him, a Commissioner was supposed to vote. In calling for the vote, the MOTION was adopted by a four to one vote, with Vice Mayor Storm voting Nay. Commissioner Basso then made a MOTION that as an alternative the Mayor appoint a finance committee to study the cost factor of having • our own fire department and also to check into the possibility of purchasing our own fire equipment or renting it in order to realize Minutes Highland Beach Town Commission • Regular Meeting November 5, 1980 Page 4 of 14 a savings. Commissioner Genovese questioned the need for this MOTION, stating that if the above MOTION were approved, the matter could be held in abeyance. Mayor Horton stated that he felt a consensus of the Commission would be sufficient in this case with the already established Financial Advisory Board researching the matter. (d) Commissioner Mary Louise G. Blosser - No report. (e) Commissioner Peter J. Genovese - Commissioner Genovese commented on the Massengill-Moore suit saying that the Town was not immune from liability, however, the individual members of the Commission are and there is no need for them to worry. This concerns the case of Mr. Novelli's building permit expiring for the unfinished building on Russell Drive and Massengill- Moore wanting it extended. Commissioner Genovese said he • desired to meet with Mr. Sliney regarding this matter. Reports - Boards and Agencies of the Town (a) Board of Adjustment - Mrs. Roberts reported that this Board held their quarterly meeting on October 27th and made the following recommendations: that Mr. Kiefer be reappointed and Mr. Albert Kahler of Penthouse Towers be appointed as Alternate No. 2. MOTION by Mayor Horton and seconded by Commissioner Basso that Mr. Kiefer be appointed as a regular member to this Board and Mr. I~€ahler be appointed as second alternate. All Commission members voted Aye. (b) Code Enforcement Board - Mrs. Roberts informed the Commission that this Board now has five regular members and one alternate. Under the new law, this Board must have six members so that if the present six members are reappointed, there will be vacancies for two alternatives. Also until the new Code Enforcement Board Ordinance is adopted, it was felt that the Commission should hold up appointing the alternates at this time. (c) Community Appearance Board - Mrs. Roberts reported that • there is one vacancy on this Board and Mr. Royce Frederick, who has served six years on the Minutes Highland Beach Town Commission • Regular Meeting November 5, 1980 Page 5 of 14 Board of Adjustment, has shown an interest in serving on this Board. He has been invited to attend the CAB Meeting on November 6th. (d) Financial Advisory Board - Mrs. Roberts stated that Jim Cook, as well as Mrs. Rayner, have both expressed their extreme pleasure in having been able to serve on this Board. Mr. Cook, who is moving to Delray Beach in January, would like to remain on this Board until then and Mr. Harry Walker has indicated an interest in serving on this Board. Mrs. Roberts stated that Vice Mayor Storm has agreed to this. Mr. Walker will attend the next meeting of this Committee and the pay schedule will be studied in total, Mrs. Roberts said. Mayor Horton stated that the Commission will hold off appointing Mr. Walker until the December or January meeting. • (e) Housing Board of Adjustment and Appeals - Mrs. Roberts said that this Board would like to have Mrs. Martha Joy reappointed as a regular member. Four vacancies exist on this Board and Mrs. Roberts does have one person interested in serving and that is Mr. Kirby from Penthouse Towers. She does need more names though, she said. MOTION by Commissioner Blosser and seconded by Commissioner Genovese that Mrs. Martha Joy be reappointed as a regular member for a full term. A11 Commissioners voted Aye. (f) Planning Commission - Mrs. Roberts stated that this Board has two vacancies and Mr. Ben Stephenson, who has served six years on the Housing Board, has indicated an interest in serving on this Board. He will be attending their next meeting on Wednesday, November 12th. Mrs. Roberts said that there are also two ladies from Regency Highland who are interested in serving on the Planning Commission, however, the Town Commission does not want two people from the same building serving on the same Board. • After the above meeting, the Planning Commission will then make their recommendation to the Town Commission. Minutes Highland Beach Town Commission • Regular Meeting November 5, 1980 Reports - Representatives Re: Page 6 of 14 (a) Metropolitan P1ng. Organization & Transportation (Don Wilson) Mr. Wilson was not in attendance, however, Mrs. Roberts read his report to the Commission which included information that the Legislature had acquired 9 million dollars for the road program, of which 2 million will be allocated to Palm Beach County. It is expected that this amount will be used to 4-lane Congress Avenue in Boynton near the new Motorola Plant, Mayor Horton asked concerning Military Trail being able to handle all the anticipated traffic when IBM doubles in size and personnel. (b) So. Florida Water Mgt. District - (Frank Carberry) Mr. Carberry informed to report for the pas • there is going to be Woods Nature Center, and to develop their 21, 1980. the Commission that he has had nothing t five months, however, he did state that a "Shirt-Sleeves Symposium" held in Secret Fort Lauderdale, for water resource studies, own expertise, to be held on November 20 and Mr. Carberry also explained that the Everglades is in the process of being dried out, after having been "drowned" for quite some- time, and being returned to its own type of vegetation. He informed the Commission of slides which are available for the public to use. Reports - Town Attorney Mr. Sliney stated that he would be happy to meet with Commissioner Genovese regarding the Massengill-Moore suit. He reported that he thought that the sale of the bonds and the closing of the utility purchase could take place on or before the middle of December. Mrs. Roberts said that she had put the material concerning the Van Lennep case on the clipboard and that she will have ordinances rescinding the sewer franchise, which could have a First Reading • on December 2, 1980. Minutes Highland Beach Town Commission • Regular Meeting November 5, 1980 Page 7 of 14 Mrs. Roberts informed the Commission that there were people in the audience who should be heard prior to her giving her report. Mr. Walther had been in attendance and wanted to speak to the Commission regarding a change order in the contract for the Bel Lido Bridge, however, he had left and Mrs. Roberts stated that he might return. In the meantime, Mr. Tom Walsh, from the Holiday Inn addressed the Commission. Mr. Walsh said that a favorable recommendation had been received from the Planning Commission for the Holiday Inn to add fifty-six sleeping rooms on the three-story portion of the building. He also explained about the additional parking they will have and enclosed garbage areas. Mr. Walsh told of their plans to build a permanent concrete railing around the entire property due to the intrusion of cars over the weekend which do not belong there. He explained for the benefit of the Commission that in order for them to operate profitably, they needed to have at least 150 units. • Much discussion took place regarding this matter which included many items such as a non-conforming structure, the real estate office that is located in the Inn and the letter of transmittal .which was received from the Planning Commission. Mr. Sliney stated that this was rather an involved situation and he would like to study the matter further before giving any opinion. Mayor Horton informed Mr. Walsh that the Town would get back to them after delving into this matter much further. Reports - Town Manager Mrs. Roberts reported on meetings held in October: The Palm Beach County Municipal League met in Highland Beach and their next meeting will be November 13th in Royal Palm Beach. The Treasure Coast Regional Planning Council will also be meeting on November 13th in Stuart. The Safety Committee Meeting was held on November 10th and a recommendation for a policy state- ment has been submitted to the Commission for discussion at the Workshop Meeting on November 25, 1980. Mrs. Roberts said that she, Mr. Petzold and Mr. Hamzik met regarding a request to put penthouse structures at Regency Highlands; she and Fran met with Mayor Horton re: Villa Magna; Minutes Highland Beach Town Commission • Regular Meeting November 5, 1980 Page 8 of 14 met with Ross, Saarinen, Bolton & Wilder regarding the water plant; County Sanitation Representatives; Florida Power & Light regarding Well No. 6; and all Department Heads prior to her leaving on vacation. She also said that she had met with Mike Walther regarding the Bel Lido Bridge and the Pollee Department staff for what she called a "rap session"; she met with Mr. Stano, Mr. Levine and Mr. Martin about the air conditioning. Mrs. Roberts told of thank you letters received from the Wiltshire House, Mrs. Breithut, the Gold Coast Publishing Group, a congratulatory letter from the Florida Municipal Liability Self-Insurers Program, and a thank you from Earl Totz for having the street light fixed at the Bel Lido Bridge. Mrs. Roberts spoke of the "Institute of Governments" being run by Palm Beach Junior College; the set of books entitled "Law of Planning and Zoning" that has been purchased; how she had sub- mitted an application for another grant for planning assistance which was denied; and updated information that the Town continues to receive from Senator Chiles re: Condo recreation leases. Mrs. Roberts continued her report by asking the Commissioners if they were satisfied with the arrangement of the Commission Chambers and the desks they now have. She asked them their wishes regarding the lighting in the Chambers and the sound system. Commissioner Genovese then asked Mrs. Roberts if she was aware of the fact that in the case of a law suit, the insurance carriers had to be notified. She stated that she was and Mr. Sliney said this procedure was followed. The insurance carriers notify the Town whether they feel a particular suit would be covered or not. Mrs. Roberts continued with her report, stating that there were 4 trees left out of 150. She asked the Commission if ..they wished to continue with this program, stating that she thought the price range would be $15-16. Commissioner Genovese suggested buying another fifty trees. • Mrs. Roberts then spoke of the voting results from the November 4th Election, the Vial of Life and that 114 new books were Minutes Highland Beach Town Commission • Regular Meeting November 5, 1980 Page 10 of 14 Commissioner Genovese suggested that Mr. Walsh of Holiday Inn install a TV screen in order to be able to watch their property. Commissioner Genovese then questioned Mr. Sliney as to the status of the Van Lennep case. Mrs. Roberts mentioned that there had been a C.D.C. meeting in Delray Beach yesterday and asked the Commission how they felt about keeping the police car rather than trading it in. She said the trade-in price would be about $600.00. Discussion took place and the consensus of the Commission was to proceed with the purchase of the new police car without a trade-in. A MOTION was then made by Commissioner Basso and seconded by Commissioner Blosser that the Town accept the price of $7,154.15 from Miller Dodge as quoted on their October 27, 1980 memo. All Commissioners voted Aye. Mrs. Roberts then spoke of the new police officer who started work on Monday. • Town Clerk - Mrs. Roberts said that Bette had been in charge while she was gone and things ran very smoothly. Mrs. Roberts informed the Commission that she appreciated everything Bette did and what the staff did while she was away. Public Utilities and Works - Mrs. Roberts announced that the water consumption was up a bit for October. Total for raw water was 252,533,000 gallons for ten months. She stated that she did not have the figures for treated water. The Coordinating Meeting at the Water Plant on October 20, 1980 was attended by Mrs. Roberts. She went on to tell about the investigative report that Vice Mayor Storm had requested and that she had submitted bills to Florida Power & Light. They said they would be responsible for half of the bill. Discussion took place regarding all these pumps and the wells being rephased in accordance with FPL re- quirements. Mrs. Roberts continued by saying that the AECOA contract had been extended and approved by the Commission and it would expire on January 4, 1981. She spoke of Resolution No. 408 - Purchase • of Sewage System - containing a clause that states the Town must carry flood insurance on the system. Discussion took place Minutes Highland Beach Town Commission • Regular Meeting November 5, 1980 Page 9 of 14 purchased for the Library in Fiscal Year 1979-80. Mrs. Roberts then reported on the following departments: Building - Mrs. Roberts reported that two final certificates of occupancy - one to a single family home on Tranquility Drive and one to a triplex on Russell Drive - were issued, as well as a temporary C/O for a couple of apartments at Lloret deMar on Bel Air Drive. She said that Ocean Dunes got a piling permit for 48 units, Boca Hi Dalton Place Townhouses are moving along, Maravella pulled a permit for their recreation and guest facilities, and the Boca Hi Carron House will have 44 units worth $4,100,000. Finance - Mrs. Roberts stated that the total money collected for the fiscal year from Court revenue was $3,072.50; Florida Power & Light Franchise check for October was almost $8,000.00 and she said that Vice Mayor Storm had already reported on the investment earnings. Mrs. Roberts said that t present time, with their preliminary presentation November 25, 1980. She the Mayor and Vice Mayor financial statement. Sh if they would like a copy. he auditors have finished, for the work in Town Hall and hope to have a in time for the Workshop Meeting on also said that she had distributed to an unaudited version of the 12-months' e asked the other three Commissioners Police - The monthly polite report has been distributed and Commissioner Blos~er made note of the fact that Holiday Inn was really a great source of activity for the Police Department. Discussion took place regarding people using the Holiday Inn as an ingress to the beach when they were not staying at the hotel. Mrs. Roberts said that Mr. Walsh had informed her that he was going to hire a security guard. Maintenance - Mrs. Roberts said that Mike and Larry have started the Fall housecleaning, having painted the lines in the parking lot and they washed the building so that it would be clean for when the voters came in on Tuesday, November 4th. Minutes Highland Beach Town Commission Regular Meeting November 5, 1980 Page 11 of 14 as to the amount of insurance that should be carried. The Bel Lido Bridge contract was brought up by Mrs. Roberts and the change order to the contract. The contractor will absorb $750.00 due to the strike and the engineers are assuming the balance of a little over $300.00. This reduces the contract price from $88,000. to $87,250. MOTION by Vice Mayor Storm and seconded by Commissioner Basso that the settlement as recommended by the engineers be approved. All Commissioners voted in favor. The completion date for the bridge is still November 23, 1980, Mrs. Roberts said. Mrs. Roberts mentioned problems of cracks in the bulkheads and this item was not covered in the contract. Mr. Walther will ask the contractor, who is already on the job, how much they would charge to do this work. The guard rails are old and rusty and should be replaced. Landscaping was also discussed. Mrs. Roberts then talked about the strobe lights which Carl Howard had recommended. Discussion took place regarding competitive prices and Vice Mayor Storm asked if Mrs. Roberts had ever mentioned this to Mr. Stano? Mrs. Roberts said that Carl Woehlcke, from the Water Management District, had called her saying that they were almost finished with their report but they are questioning the population. He will meet with Mrs. Roberts on Friday at 9:00 A.M. Mrs. Roberts said that new zoning booklets had been received. Vice Mayor Storm questioned about the police noticing warning lights on the lift stations. Proposed Ordinances (a) Proposed Ordinance No. - Establishing a Code Enforcement Board because of new Florida • State Statute. First Reading - October 7, 1980. Minutes Highland Beach Town Commission Regular Meeting November 5, 1980 Page 12 of 14 This proposed ordinance was read in full by Attorney Sliney and Mayor Horton. Discussion took place regarding Sections 27-2, 3, 4, 5 and 6, and Section 27-1 should be deleted, Mr. Sliney said. Mr. Sliney stated that he would have the corrections made and return the ordinance to the Town. Further discussion ensued as to the method Mr. Hamzik used to enforce the ordinances. He first warns the violator, then if the problem is not cmrrected, a red tag is issued. If nothing is done to correct the situation, he issues a violation, which means the offender is to appear before the Code Enforcement Board. Some members of the Commission felt that he should issue a violation immediately which would mean massive paper work, and which he does not have the time to do. MOTION by Vice Mayor Storm and seconded by Commissioner Basso that the ordinance be adopted as read with changes in Section 2-A-4 and Section 10. In polling the Commission, the vote was as follows: • Mayor Horton - Aye; Vice Mayor Storm - Aye; Commissioner Blosser - Aye and Commissioner Basso - Aye. MOTION passed unanimously. Commissioner Genovese had left the meeting at 3:30 P.M. (b) 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". This ordinance was read by title only by Mayor Horton. Mayor Horton said that this would come up for discussion at the Workshop Meeting on November 25, 1980. (c) Proposed Ordinance No. - Cable TV Franchise Mrs. Roberts said that she had not received the material that Mr. Wantshouse had promised to send to her, regarding Cable TV. This matter will be held in abeyance until the Workshop Meeting. Items Included from Workshop Meeting of October 28, 1980 79.76 S. A. Healy Company - Mr. Sliney has not written to • Minutes Highland Beach Town Commission • Regular Meeting November 5, 1980 Page 13 of 14 Mr. Nowlin as yet, but he said that he would do so soon. 80.11 Oliver Hoffmann RPUD - Mayor Horton said that he had written to Mr. Hoffmann. Mayor Horton said that the Sewer System Purchase (80.40) had been taken care of; Vacancies on Boards (80.44); and Lift Station Alarm Lights (80.50) had been discussed earlier. Mrs. Roberts said that nothing new had come in on the Delray Beach Proposal to amend sewer charges; Mayor Horton said that the Town Stationery and Letterhead Change would be discussed at the workshop Meeting on November 25th. Mayor Horton stated that the change order regarding the bridge contract had been approved; the decision regarding the new police car had been made; Cable TV will be discussed on November 25th; Mr. Walsh from Holiday Inn was here earlier; and the members of the Commission would be able to • meet the new police officer individually. Old Business Mr. M. H. W. Dent, a Town resident, talked about the Bel Lido bridge and the Code Enforcement Board. Commissioner Basso inquired as to whether the telephone lines and power lines could be placed underground. He also talked about a flag for Highland Beach. Mayor Horton answered him saying that the electric company and telephone company have long-range plans for doing the above. Discussion also took place regarding the Town being called a "City". Bills for Approval Mrs. Roberts presented the bills for approval. MOTION by Commissioner Basso/Commissioner Blosser that the bills be approved for payment. All Commissioners voted Aye. 4 ~ . Minutes Highland Beach Town Commission Regular Meeting November 5, 1980 Meeting ADJOURNED at 4:35 P.M. APPROVED: __,,/~, Louis ATTEST: -z-~s ~c~~~~ T Clerk DATED; November 24, 1980 Page 14 of 14 Horton,.Mayor Harold C. orm, Vice Mayor l n J. B sso, Commissioner ~y ~OUis G ~Blosser, Comm. J Peter ~. Genovese, Commissioner •