Loading...
1980.10.07_TC_Minutes_Regular TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission Public Hearing and Regular Meeting October 7 1980 7:30 P.M. Mayor Horton called the Regular Meeting to order at 7:30 P.M., stating that a Public Hearing would be held within this Regular Meeting in regard to the proposed millage rates for ad valorem taxes for the coming year. Those in attendance were: Mayor Louis Y. Horton, Vice Mayor Harold C. Storm and Commissioners John J. Basso and Peter J. Genovese. Commissioner Mary Louise G. Blosser was absent. Also in attendance were: Elaine W. Roberts, Town Manager; Thamas E. Sliney, Town Attorney; Police Chief Kenneth Jones and Jane E. Barker, Town Clerk. There were several people in the audience. Pledge of Allec;iance • Approval of Minutes August 19, 1980 - Special Meeting August 26 , 1980 - Workshop Meeting September 2, 1980 - Regular Meeting September 16, 1980 - Budget Workshop Meeting MOTION by Vice Mayor Storm/Commissioner Genovese that the minutes be approved as written. A11 Commissioners voted Aye. 1980-81 Millage Rate and Adoption of Budget - Public Hearinct Mayor Horton said that there were two ordinances which needed to be passed in connection with the Budget, however, they would come later in the meeting. Tn the meantime, he read for the record the notice of tax increase which was duly advertised in the Sun-Sentinel on Sunday, October 5, 1980. Mayor Horton then explained just what the Rolled Back Rate is (2.118 mills) and that the Town is proposing a levy which is some 8.21/ over that. Mayor Horton asked if anyone in the audience had any questions after informing them that the tax rate for the Town of Highland Beach for the coming year is Minutes Highland Beach . Town Commission Public Hearing and Regular Meeting October 7, 1980 Page 2 of 14 some 9/ below what it was last year due to the broadening tax base. The fact that the Town is asking for more money over the Rolled Back Rate is because of inflation and adding more personnel in the office in addition to one more police officer. The purpose of this meeting, Mayor Horton said, was to make certain that the taxpayers have full knowledge of where their tax money is going. There were no questions or comments from the audience. Mayor Horton stated that the Public Hearing was over and convened the Regular Meeting. Public Requests and Comments Mr. Harry Beale of Seagate of Highland made some comments regarding Cable TV and stated that he and his neighbors would like to have Mr. Tom Gullett speak to a group of residents and explain more about this. Mayor Horton informdd Mr. Beale that Mr. Gullett had already spoken to the Commission; two other companies had been contacted about Cable TV in Town and were not interested and the Mayor felt that Mr. Gullett should be given a chance to prove himself. Mayor Horton also stated that Mr. Ray Blosser had spent several hours talking with Mr. Gullett and was most impressed. vice Mayor Storm said that he would like to have the Town Attorney delve into. this more thoroughly. Reports - Town Commission (a) Mayor Louis Y. Horton - Mayor Horton said that some months ago the orders were placed for instruments at the water plant with the promise that they would be filled by the time they would be needed. It turns out that these orders will not now be filled when needed and Mayor Horton asked publicly if any one in Town had any connections in West Warnick or Providence, Rhode Island in order to expedite this instrumentation. No one responded. (b) Vice Mayor Harold C. Storm - Vice Mayor Storm, who is the Town's representative • on the "208" Implementation Advisory Committee, said that Minutes Highland Beach Town Commission • Public Hearing and Regular Meeting October 7, 1980 Page 3 of 14 this Committee will be meeting on Wednesday, October 8, 1980, in West Palm Beach. He reported that as of September 30, 1980, investment earnings had produced a total of $127,818.93 from the General Account and the Bond Issue Account. (From the Water Plant Expansion Fund and Municipal Complex Fund, interest in the amount of $17,996.93 was earned. The escrow money from the sale of the boat has netted $1,247.49 in interest.) (c) Commissioner John J. Basso - Commissioner Basso said that he had been assigned the. task of looking into a Public Safety Department. He said he would like to recommend to the Commission that the sta- tionery of the Town include the Town Seal and the Commissioners' names. Mayor Horton said that Commissioner Blosser should be included in this discussion and asked Mrs. Roberts to place this item on the agenda for the next Workshop Meeting on October 28, 1980. Mrs. Roberts asked regarding the Bulletin letterhead showing the same information. (d) Commissioner Peter J. Genovese - ago when Commissioner Bauer resigned., himself, might also resign. He said thought to this matter and issued the fulfill his term which runs until May Commissioner Genovese said that several months he stated that he, that he had given serious statement that he would 1981. Reports of Boards and Agencies of the Town (a) Board of Adjustment - Mrs. Roberts reported that two vacancies would be forthcoming in November when the terms of Royce Frederick and Art Kiefer were up. Mr. Kiefer has not served his six years, however, he is still away and cannot be contacted to see if he would be willing to serve another term. Mr. Frederick has served on this Board for six years. (b) Code Enforcement Board - Mrs. Roberts said that the recommendation of this Board was to reappoint Mr. Claude Nastri. • MOTION by Commissioner Genovese/Commissioner Basso that Mr. Nastri be reappointed to this Board. All Commissioners voted Aye. Minutes Highland Beach Town Commission • Public Hearing and Regular Meeting October 7, 1980 Page 4 of 14 (c) Community Appearance Board - Mrs. Roberts said that this Board will have one vacancy in November. She has already approached several people who will be leaving the Housing Board of Adjustment and Appeals to see if they would be interested in serving on this Board. (d) Housing Board of Adjustment and Appeals - Mrs. Martha Joy's term will expire in November. She was appointed to fill the unexpired term of Judge Santangelo and this Board would very much like to have Mrs. Joy reappointed. Mrs. Roberts stated that Mr. Stephenson and Mr. Kanner, who both live at Penthouse Towers, and Mrs. Gertrude Vendeland, who lives in Monterey House, will be leaving this Board inasmuch as they have all served their six years. (e) Planning Commission - Mrs. Roberts said that this Board has two alternate vacancies and • Mr. Ben Stephenson has indicated he might be interested in serving on the Planning Commission. Mayor Horton then asked Mr. Sliney about the Code Enforcement Board since the new state law indicates that this Board should have six members. Mr. Sliney informed Mayor Horton that six members could be appointed along with two alternates. Discussion took place among the Commissioners regarding the fact that there is an even number of members, rather than the usual odd number. Mrs. Roberts then gave the dates in October that the different Boards will be meeting. Reports - Representatives Re: (a) Metropolitan Ping. Organization & Transportation - (Don Wilson) Mr. Wilson had informed Mrs. Roberts that the September meeting had been cancelled and he therefore had no report. (b) So. Florida Water Mgt. Disctrict - (Frank Carberry) • Mayor Horton said that the So. Florida Water Mgt. District was writing a report on the work that was done by the Water 1 Minutes Highland Beach Town Commission • Public Hearing and Regular Meeting October 7, 1980 Page 5 of 14 Emergency Task Group in Highland Beach last Spring. The WET Group did such an outstanding job and while they are not active at the present time, Mayor Horton said that if it became necessary, he would reactivate them again. Reports - Town Attorney - Mr. Sliney reported that he had filed the Complaint for Validation on the Bond Issue and was hoping that the sale of bonds could take place early in December. He said that the Appeal Brief had been received from Van Lennep and they are working on their brief in reply. Regarding the Regency #2 case, he informed the Commission that the Judge had ruled in favor of the Town. Reports - Town Manager either Bette or herself devised for "packaging" to their agendae. She voters. - Mrs. Roberts asked that Commissioners please return all their ordinances to in order that a new system can be all the necessary papers to be attached reported that the Town had 1,698 registered Mrs. Roberts stated that a Public Hearing regarding the Bond Issue would be held before the next Workshop Meeting on October 28, 1980 at 1:15 P.M. Validation Date will be October 30, 1980 at 3:15 P.M. She also announced that the ad for Information on Federal Revenue Sharing Expenditures for Fiscal Year Ended 9-30-79 will be in the Sun-Sentinel on Friday, October 10, 1980. Mrs. Roberts reported on meetings held in the month of September; Palm Beach County Municipal League met in Lake Park on September 18th. The next meeting of the Municipal League will be in Highland Beach on Thursday, October 9, 1980 at 9:00 A.M. The speaker will be from Palm Beach Junior College and will speak on "Institute of Governments". The Treasure Coast Regional Planning Council will be held on October 16, 1980 in Stuart. The Safety Committee Meeting will be held on October 10, 1980 at 10:00 A.M. and it is hoped that Mr. Walter Bonny, who has offered to be a consultant to the Safety Committee, will be able to attend. • Mrs. Roberts said that she had written to Senator Chiles regarding the proposed freeze on escalation of recreation leases, as per Minutes Highland Beach • Town Commission Public Hearing and Regular Meeting October 7, 1960 Page 6 of 14 Commissioner Genovese's request. She stated that she saw in the Palm Beach Times, Monday night, that condominium owners now have a right to go to Federal Court. Up until this time, they have only had the right to go to local court to protest the escalation of the recreational fees. Mrs. Roberts then told of other meetings during September which were with residents concerning their problems; the Turtle Watch Group; engineers regarding the bridge construction; and engineers regarding water and sewer; D.E.R. and D.O.T. applications; Ross, Saarinen, Bolton & Wilder; the Financial Advisory Board; Mr. Levine regarding the air conditioning; County Sanitation repre- sentatives re: the garbage contract. Mrs. Roberts then reported on correspondence received from the Florida League of Cities regarding the Resolutions Committee, of which Mrs. Roberts is a member; an update of the Town's population from the Census Bureau - from 1896 to an updated ® census count of 2009. An acknowledgement was received for the donation from the Town in honor of Yvonne Beekman, whose husband was a former Commissioner and Town Clerk, Mrs. Roberts said. Mrs. Beekman passed away in September. Mrs. Roberts stated that the 1979 United States Geological Survey book had been received; the Community Appearance Board gave final approval for the new sign for the Municipal Center in September and bids have been requested. Mrs. Roberts also reported that the architects are working hard on the building plans for the new Complex. The Turtle Watch Group met for the last time on the 3rd of Septem- ber and distributed certificates of appreciation to the workers as well as a plaque to Mayor Horton. Forty turtles (one-year old) were released on the beach at Sunny Surf on Wednesday, September 24th. Mrs. Roberts reported that the Capital Improvements Program and the Basic Emergency Operations Plan have both been completed. Del-Trail plans to computerize which will mean less dispatching • time, according to a notice in the paper, Mrs. Roberts said. Minutes Highland Beach Town Commission • Public Hearing and Regular Meeting October 7, 1980 Page 7 of 14 Mrs. Roberts then reported on the following departments: Building - Mr. Hamzik issued a temporary certificate of occupancy for Dr. Murphy's house; connection fees were received from the Healy people for a single family home; the Edgewater Townhouses for three units and forty-eight units for Ocean Dunes. Finance - 1979 Taxes received by the Town amounted to $424,801.98 and the amount budgeted was $430,370. From Court Revenue, the amount of $268.00 was received for August, for an eleven month total of $3,323.00. Mrs. Roberts stated that Vice Mayor Storm had already reported on investment earnings and the franchise fee from Florida Power & Light amounted to $7,836.00. Mrs. Roberts said that she thought the total franchise fees for the fiscal year would amount to approximately $110,000. Mrs. Roberts further reported that the auditors had done some • preliminary work in September. Health - No report. Maintenance - Mrs. Roberts said that Michael and Larry are keeping up with all the necessary work. She said that the annual check for pressure on the fire extinguishers had been completed. Police - Two monthly reports were received from Chief Jones inasmuch as he had been on vacation in August. Mayor Horton asked about a suspect being apprehended and whether he was the one responsible for all the burglaries. Chief Jones informed him that he was. Mrs. Roberts told of a fatal accident in Town in September and that several other accidents had occurred in October. A Committee will be formed to study traffic problems on A1A with Mr. Don Wilson offering his services to this Committee. A CDC Meeting was held this morning but neither the Chief nor Mrs. Roberts was able to attend. Chief Jones has had some response to the ads which were in the paper for another policeman, and Officer Wambach has started his fire training. Minutes Highland Beach • Town Commission Public Hearing and Regular Meeting October 7, 1980 Page 8 of 14 Town Clerk - An additional person has been hired to help the Town Clerk and also to help in the Finance Depart- ment. There were a lot of voter registrations in September and Helen Carpenter worked as a registrar at the Delray Mall last Friday evening. Public Utilities and Works - Water consumption was down for September, Mrs. Roberts said. In August it was 24,000,000 gallons and in September it was slightly over 22,000,000. The nine month total is 211,247,000 for treated water and 225,134,000 for raw water. A Water Treatment Plant Coordinating Meeting was held in September which Bernice Smith attended. A problem had arisen about delivery dates and Mrs. Roberts, Mayor Horton and the engineers will meet to see if something further can be done. The appli- cation to the FTC for the radio frequency was mailed and received by them. This radio frequency has to do with the • instrumentation on both sides of the Intracoastal which formerly was handled by telephone lines and which proved to be unsuccessful due to corrosion. Mrs. Roberts stated that a letter had been received from the Consulting Engineers dated October 3rd asking that the lime storage pump be placed outside the lime silo at a cost of approximately $4,000.00. Mayor Horton explained the reason for this change. MOTION by Commissioner Genovese/Commissioner Basso that this amount be approved for work described. All Commissioners voted Aye. Mrs. Roberts stated that she had distributed a proposal from the U.S.G.S. for the continuation of the salt water monitor program. The Town has been in this program for about five or six years and Mrs. Roberts highly recommends it. The proposal is in the amount of $3,740.00 with the Town's share being $1,870.00. MOTION by Vice Mayor Storm and seconded by Commissioner Basso that this expenditure be approved. All Commissioners voted Aye. • Mrs. Roberts stated that Carl Howard`s monthly sewage report Minutes Highland Beach Town Commission • Public Hearing and Regular Meeting October 7, 1980 Page 9 of 14 for September had been placed on the clipboard. Several items need to be taken care of and Mrs. Roberts said this would be done. Mrs. Roberts said that she had again reminded the Chief that his men should immediately report it when they see the red light on the lift stations. She also informed the Commission that she was seeking their approval for the strobe lights to be installed on the lift stations, which she is sure will be seen more readily when they are flashing. She then stated that she had received the completed drawings and contract forms and specs for Lift Stations Nos. 4 and 5. The construction on the Bel Lido bridge is progressing but it has been shut down to traffic twice and their contract stated their would never shut it off. She stated that she had informed the engineer this could not happen again. The elevated water tower work has been completed and it is in fine shape, Mrs. Roberts said. • Proposed Ordinances (a) Proposed Ordinance No. amend Zoning Code, Chapter 30, Sec Ordinances of the Town of Highland Docks, Piers, Launching Facilities First Reading - August 5, 1980 - An ordinance of the Town of Highland Beach, ~'larida, to lion 5.3 (e) of the Code of Beach, Florida. "Noncommercial and Mooring Devices". This ordinance was read in full by the Town Clerk. MOTION by Commissioner Genovese/Commissioner Basso that this ordinance be adopted as read. In polling the Commission, the vote was as follows: Commissioner Basso - Aye; Vice Mayor Storm - Aye; Mayor Horton - Aye; and Commissioner Genovese - Aye. (b) Proposed Ordinance No. - An ordinance of the Town of Highland Beach, Florida, amending the Zoning Code of the Code of Ordinances of the Town of Highland Beach, Florida, Chapter 30, Section 5.2(a) and adding New Sections 3.2 and 13.33, regarding prohibition of Time-Share Estates and Time-Share Units. - First Reading - September 2, 1980. • This ordinance was read in full by Attorney Sliney. Minutes Highland Beach Town Commission • Public Hearing and Regular Meeting October 7, 1980 Page 10 of 14 MOTION by Vice Mayor Storm/Commissioner Basso that this ordinance be adopted as read by Mr. Sliney. In polling the Commission, the vote was as follows: Commissioner Genovese - Aye; Mayor Horton - Aye; Vice Mayor Storm - Aye; Commissioner Basso - Aye. Commissioner Genovese thanked Mr. Sliney for his preamble which he added to this ordinance. (c) Proposed Ordinance No. - An ordinance of the Town of Highland Beach, Florida, amending the Future Development Plan Map referred to in Chapter XIV of Ordinance #333, as relates to Town Lot 72 West. First Reading - September 2, 1980 This ordinance was read in full by the Town Clerk. MOTION by Vice Mayor Storm/Commissioner Basso that this ordinance be adopted as read. The Town Clerk polled the Commission and the vote was as follows: Commissioner Basso - Aye; Vice Mayor Storm - Aye; • Mayor Horton - Aye; Commissioner Genovese - Aye. (d) Proposed Ordinance No. - An ordinance of the Town of Highland Beach, Florida, amending the Official Zoning Map referred to in Section One of Ordinance Number 336, as relates to Town Lot 72 West. First Reading - September 2, 1980 This proposed ordinance was read in full by the Town Clerk. MOTION by Commissioner Genovese/Commissioner Basso that this ordinance be adopted as read. In polling the Commission, the vote was as follows: Commissioner Basso - Aye; Vice Mayor Storm - Aye; Mayor Horton - Aye; Commissioner Genovese - Aye. (e) Proposed Ordinance No. - An ordinance of the Town of Highland Beach, Florida, amending Ordinance Number 378 which amended Section 29-10, entitled "Water Use Rates and Charges" of the Code of Ordinances. First Reading - September 2, 1980 This proposed ordinance was read in full by Mayor Horton. Minutes Highland Beach Town Commission • Public Hearing and Regular Meeting October 7, 1980 Page 11 of 14 MOTION by Commissioner Basso/Commissioner Genovese that the ordinance be approved as read. Mayor Horton stated that this ordinance would become effective on the 29th Day of September 1980 due to the fact that the meters had been read on September 27 and 28, 1980. In polling the Commission, the vote was as follows: Mayor Horton - Aye; Vice Mayor Storm - Aye; Commissioner Genovese - Aye; Commissioner Basso - Aye. (f) Proposed Ordinance No. 389 - An ordinance of the Town of Highland Beach, Florida, Amending Ordinance 228 as regards RPUD-2, Oliver-Hoffmann Corp., Town Lots Nos. 59, 60, 62, 65, 69 and 70. First Reading - July 1, 1980 Proposed Ordinance No. 389 was read in full by Commissioner Basso. MOTION by Commissioner Genovese/Vice Mayor Storm that Ordinance No. 389, which had a First Reading on July 1, 1980, be approved as read. • .Commissioner Genovese stated that he felt the Hoffmann Corporation had waited long enough for this approval due to state and federal bureaucracy, however, he said he thought that a time limit should be stabilized on projects such as this, and offered this proviso to the ordinance. Mayor Horton proposed that after the final approval had been received from the Army Corps of Engineers, rather than make an addendum to the ordinance as read, a mutually agreed upon completion date be worked out with Hoffmann and a s~atP ^r~ance be adopted at that time. In polling the Commission, the vote was as follows: Vice Mayor Storm - Aye; Mayor Horton - Aye; Commissioner Basso - Aye; Commissioner Genovese - Aye. (g) Proposed Ordinance No. - An ordinance of the Town of Highland Beach, Florida, to effect a tax levy based upon the 1980 Tax Roll of the Town of Highland Belch. First Reading - September 16, 1980 This ordinance was read in full by Mrs. Roberts, Town Manager. MOTION by Vice Mayor Storm and seconded by Commissioner Basso that • this ordinance be approved as read. The Town Clerk polled the Commission and the vote was as follows: Mayor Horton - Aye; r Minutes Highland Beach Town Commission • Public Hearing and Regular Meeting October 7, 1980 Page 12 of 14 Commissioner Genovese - Aye; Vice Mayor Storm - Aye; Commissioner Basso - Aye. (h) Proposed Ordinance No. - An ordinance of the Town of Highland Beach, Florida, appropriating funds for the Fiscal Year 1980-81, beginning October 1, 1980 and ending September 30, 1981. First Reading - September 16, 1980 Mrs. Roberts read this proposed ordinance in full. Mayor Horton inquired as to whether the words "General Obligation" should be added before the words ....debt service..... It was agreed that these words be inserted where indicated. MOTION by Vice Mayor Storm/Commissioner Basso that this ordinance be approved as read and changed. In polling the Commission, the vote was as follows: Mayor Horton - Aye; Commissioner Basso - Aye; Vice Mayor Storm - Aye; Commissioner Genovese - Aye. • (i) Proposed Ordinance No. - Cable TV Franchise Mayor Horton stated that this proposed ordinance had been discussed previously and consideration was being given to the TV Franchise Ordinance from Delray Beach. Mr. Sliney felt that Mr. Raymond Blosser, who first obtained the Delray Beach Ordinance, should be in attendance when this item was discussed further, possibly at .the Workshop Meeting on October 28, 1980. Commissioner Genovese asked Attorney Sliney if he had been able to obtain a report from Dun & Bradstreet and Mr. Sliney informed him that the Corporation was not listed. Commissioner Basso stated that more time should be spent in researching this. MOTION by Commissioner Basso and seconded by Vice Mayor Storm that more time be spent on this item and the matter be postponed until the Workshop Meeting. Mayor Horton suggested that the Commissioners have all the equal facts and those who were not in attendance at the meeting when Mr. Gullett spoke, should listen to the tape of that meeting. Commissioner Genovese said that the Commissioners should read the cable TV article in "World News", which was distributed. • All Commissioners voted in favor of the above MOTION. Minutes Highland Beach • Town Commission Public Hearing and Regular Meeting October 7, 1980 Page 13 of 14 (j) Proposed Ordinance No. - An ordinance of the Town Commission of the Town of Highland Beach, Florida, creating a Code Enforcement Board; providing for legislative intent; providing for applicability; providing for definitions; providing for organization; providing for enforcement procedures; providing for hearings; providing for powers; providing for fines; providing for appeal; providing a savings clause and providing an effective date. First Reading - October 7, 1980 This ordinance was read by title only by the Town Clerk. Mayor Horton stated that this constituted a First Reading and would come up for discussion at the Workshop Meeting on October 28th and possible vote at the Regular Meeting on November 5, 1980. Items included from the Workshop Meeting of September 30, 1980 • Mrs. Roberts read Resolution No. 409, a ppointing a Financial Advisory Board. MOTION by Commissioner Basso and seconded by Mayor Horton that this Resolution be adopted as read. All Commissioners voted Aye. Mrs. Roberts then spoke of the job description for an Administrative Assistant, which she had distributed to the Commission. Mayor Horton asked if there were any questions regarding the changes and being none, called for a MOTION. MOTION by Vice Mayor Storm/Commissioner Genovese that the changes to the job description as submitted be approved. All Commissioners voted Aye. Mrs. Roberts then announced that a change-order to the contract for the Bel Lido bridge had not been received as yet from Mr. Walther. This matter will be place on the agenda for the Workshop Meeting, Mrs. Roberts said, which will be completed this coming Friday, October 10th. • Mr. M. H. W. Dent, a Town resident, then discussed matters such Minutes Highland Beach Town Commission • Public Hearing and Regular Meeting October 7, 1980 Page 14 of 14 as the Bel Lido bridge, Cable TV, the Public Safety Department and the Code Enforcement Board Ordinance. New Business - None Bills for Approval Mrs. Roberts presented the bills for approval and explained about the air conditioning bill of $2,674.00. Much discussion took place regarding this matter. She then proceeded to read the other bills that needed to be approved. MOTION by Commissioner Genovese/Commissioner Basso that the bills be approved. All Commissioners voted Aye. Vice Mayor Storm asked regarding the condition of the water in Town and Mrs. Roberts answered him. Quite a bit of dis- cussion took place regarding the water problems. MOTION by Commissioner Genovese and seconded by Vice Mayor Storm that the meeting be ADJOURNED. Time - lO:OQ~P.M. APPROVED: Louis/Y. Morton, Mayor /~ / ~ / ~-:.~'' ~ d~ ld C./worm, Vice Mayor ATTEST: wn Clerk oh J. Basso, Commissioner (Absent) _ D~arY. Louie/G. Blosser, Comm. Peter/. Genovese, Commissioner DATED: October 24, 1980_