1980.09.30_TC_Minutes_SpecialTOWN OF HIGHLAND BEACH, FLORIDA
• Minutes of Meeting of Town Commission
Special Meeting and Workshop Meeting
September 30, 1980 1:15 P. M.
,~
Mayor Horton called the Special Meeting to order at 1:15 P.M. on
Tuesday, September 30, 1980. 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; Thomas E.
Sliney, Town Attorney; Police Chief Kenneth Jones and Jane E. Barker,
Town Clerk.
Mayor Horton announced that the first item on the agenda was
Proposed Ordinance No. 391 which would amend the 1979-80
Fiscal Year General Operating Budget. First Reading was
September 2, 1980. This is in accordance with the requirements
of State law.
i This Ordinance was read in full by the Town Clerk.
MOTION by Vice Mayor Storm/Commissioner Genovese 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. The MOTION was
unanimously passed.
Any and All Other Matters that may come before the Commission
Mayor Horton stated that each Commissioner had received a copy
of the corrected Declaration of Unity of Title in regard to
the property on the west side of AlA at the north end of Town -
the S. A. Healy property. Mr. Sliney said that he felt the
papers were all in order and the original Unity of Title would
be recorded.
Commissioner Genovese stated that this Unity of Title now met
all requirements and thanked Mr. Nowlin, Attorney for S. A.
Healy Company, for his help in the matter, and made
a MOTION that the Declaration of Unity of Title with the corrections
• be passed. Vice Mayor Storm seconded this MOTION. All Commissioners
voted Aye.
Minutes Highland Beach
Town Commission
• Special and Workshop Meeting
September 30, 1980
Page 2 of ~.0
Mr. Mike Walther, from Arthur Strock Engineers, addressed the
Commission regarding the Bel Lido bridge and the change-order
for the contract. Mayor Horton explained that a strike
occurred at the fabricators for the beams for the bridge
which delayed the completion date approximately six weeks.
It was determined that the contractor would be responsible
for the inspection costs which were a result of the strike,
with liquidated damages in the amount of $200.00 a week until
December 7th and $1,000.00 a week after that.
MOTION by Commissioner Genovese and seconded by Commissioner Basso
that the contract be changed in accordance with the statements made
with Mr. Sliney approving the written contract.
Mrs. Roberts felt that the contractor should sign the agreement
first, however, he would need the Commission's approval of the
concept of the change-order. The consensus of the Commission
was to have the papers all ready for the meeting next week
• when a formal vote will be taken after the contractor has agreed
with the changes.
Mrs. Roberts stated that she had given the Commission a memo
dated September 19, 1980, regarding a revision to some job
descriptions, and asked the Commission if they were in a
position to approve them before the first of the fiscal year.
The consensus of the Commission was to study this matter and
pass it next week, making it retroactive to October 1, 1980.
This will be placed on the agenda for the Regular Meeting for
October 7, 1980. Mrs. Roberts then talked about the Scott
Airpack for the Water Plant Operator. She received a bid of
$817.00 for a portable oxygen mask which Tom Graham would carry
in his truck. Mayor Horton stated that he felt that rather
than purchase a portable piece of equipment, one that could be
affixed to the back of the police station should be bought, and
kept here. Mrs. Roberts stated that she will obtain a price
for this model.
Bills for Approval
Mrs. Roberts presented the bills for approval.
Minutes Highland Beach
• Town Commission
Special and Workshop Meeting
September 30, 1980
Page 3 of 10
MOTION by Commissioner Basso/Mayor Horton that the bills be approved
for payment. All Commissioners voted Aye.
Special Meeting ADJOURNED at 1:40 P.M.
Mayor Horton convened the Workshop Meeting, stating that all
Commissioners were present with the exception of Commissioner Mary
Louise G. Blosser.
The Mayor called for any statements from the audience in regard to
any items on the agenda and a real estate agent spoke in connection
with the Proposed Ordinance regarding docks. Mayor Horton informed
her that since this was a Workshop Meeting, no action could be taken
today, however, it could be passed at the Regular Meeting on October
7, 1980 if it is the will of the Commission.
• 79.76 Status of S. A. Healy Company
Mayor Horton stated that this matter had been taken care of
in the Special Meeting.
80.11 Oliver Hoffmann RPUD - Hidden Harbor - Ordinance No. 389 -
First Reading - July 1, 1980
Mayor Horton stated that Proposed Ordinance No. 389 had a First
Reading on July 1, 1980, however, the Oliver Hoffmann people
had requested a postponement until this date. Mayor Horton had
given a summation of this matter in the Town Bulletin in August
1980 to acquaint everyone with the facts.
Commissioner Genovese said that he was very much in favor of
the Proposed Ordinance. This will come up for adoption at
the Regular Meeting on Tuesday, October 7, 1980.
80.40 Purchase of Sewage System
Mr. Sliney stated that Resolution No. 408, authorizing the Bond
Issue, was passed on September 23, 1980. A Show Cause Hearing
• Date has been set for October 30, 1980. Assuming there is no
problem with the validation, the bonds can be sold at the end of
November or the first of December.
Minutes Highland Beach
Town Commission
. Special and Workshop Meeting
September 30, 1980
Page 4 of 10
The Bond Issue will be discussed further at the Workshop Meeting
of October 28, 1980.
Mayor Horton then explained what had happened at the Water Plant
over the past weekend which involved Florida Power & Light
wiring up Well No. 6. Without anyone's knowledge, the workmen
changed the phasing on Pumps Nos. 4 and 5 which caused the Town
to be without sufficient water. Boca Raton was contacted and
they agreed to supply us with water, but they did ask that we
notify our residents to conserve water over the weekend.
80.42 Proposed Ordinances
(a) Proposed Ordinance No. - An Ordinance of the Town of
Highland Beach, Florida, to
amend Zoning Code, Chapter 30, Section 5.3(e) of the Code of
Ordinances of the Town of Highland Beach, Florida; "Noncommercial
Docks, Piers, Launching Facilities and Mooring Devices".
• First Reading - August 5, 1980.
Mayor Horton said that this proposed ordinance had been discussed
at prior meetings with several changes having been suggested.
This will come up for a vote and possible adoption at the next
.Regular Meeting on October 7, 1980.
80.43 Proposed Ordinance No. - Cable TV Franchise
(b) Mr. Sliney stated that he had discussed this proposed
ordinance with Mrs. Roberts and felt that more time was
needed to study it much further. Since it is a franchise ordinance,
it has to be read in full two times and if any changes are made,
the procedure must start over.
Commissioner Genovese and Vice Mayor Storm felt that a survey
should be taken before any action is taken. Mayor Horton ex-
plained that Mr. Gullett was willing to take the risk of installing
a Cable TV Tower and was not even interested in having a survey
taken to see how many people would be interested. He stated that
Mr. Gullett could use this as a tax write-off. After much dis-
cussion, it was decided to place this item on the agends for the
Workshop Meeting on October 28, 1980.
•
Minutes Highland Beach
• Town Commission
Special and Workshop Meeting
September 30, 1980
80.44 Vacancies on Boards
Page 5 of 10
Mrs. Roberts said that the Housing Board of Adjustment and
Appeals will have four vacancies in November, one being Martha
Joy's term. Mrs. Roberts feels that Mrs. Joy should be re-
appointed as she had been filling the unexpired term of Judge
Robert Santangelo. John Kanner and Ben Stephenson from
Penthouse Towers and Gertrude Vendeland of the Monterey House
will have served their six years in November. Mrs. Roberts
stated that they are all interested in serving on other Boards.
The Housing Board of Adjustment and Appeals will be meeting
quarterly starting in October.
The Board of Adjustment will be losing Royce Frederick and
Art Kiefer. Mrs. Roberts said that Mr. Kiefer could be re-
appointed inasmuch as he has not served six years. Betty Jean
Stewart has served six years on the Community Appearance Board
and her term will be up in November.
80.45 Proposed Ordinances
(c) Proposed Ordinance No.
amending the Zoning Code of
of Highland Beach, Florida,
adding new sections 3.2 and
Time-Share Estates and Time
- An Ordinance of the Town of
Highland Beach, Florida,
the Code of Ordinances of the Town
Chapter 30, Section 5.2 (a) and
13.33, regarding prohibition of
-Share Units.
Some discussion took place regarding this proposed ordinance -
a few changes have been made - and Mayor Horton said that it
will come up for possible vote on Tuesday, October 7, 1980.
(d) 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.
(e) Proposed Ordinance No. - An Ordinance of the Town of
Highland Beach, Florida,
amending the official Zoning Map referred to in Section One of
• Ordinance #336, as relates to Town Lot 72 West.
Minutes Highland Beach
• Town Commission
Special and Workshop Meeting
September 30, 1980
Page 6 of 10
(f) Proposed Ordinance No. - An Ordinance of the Town of
Highland Beach, Florida,
amending Ordinance #378 which amended Section 29-10, entitled
"Water Use Rates and Charges" of the Code of Ordinances.
Mayor Horton explained what this ordinance covered.
All of the above ordinances had a First Reading on September 3,
1980.
(g) Proposed Ordinance No. - 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.
Mayor Horton discussed this proposed ordinance concerning the
Hoffmann RPUD, inserting the wording and figures in the blank
spaces. First Reading - July 1, 1980.
® All of these ordinance will come up for a possible adoption
on Tuesday, October 7, 1980.
80.46 Discussion regarding' the Budcret for the Fiscal Year
1980-81 includi.ng Ordinances to set final millacte rate
and adopt Final Budget.
Mrs. Roberts told of the Public Hearing regarding the Budget
held last night (September 29, 1980). Quite a few people were
in the audience (over 30) and asked questions about the County
Budget, the School Board Budget, the Federal Revenue Sharing
and the Property Appraiser's office. Mrs. Roberts has had
copies of the Budget run off for any persons interested in
obtaining one.
She also informed everyone that the Public Hearing on the tax
increase will be held on Tuesday, October 7, 1980 at 7:30 P.M.
This Hearing will be advertised in the Sun-Sentinel on Sunday,
October 5, 1980.
Mayor Horton explained about the Rolled Back Rate (8.21/ increase)
• for the benefit of all and stated that the Highland Beach tax
Minutes Highland Beach
• Town Commission
Special and Workshop Meeting
September 30, 1980
Page 7 of 10
would be lowered for the residents unless their property had
been re-assessed. Rolled Back Rate is 2.118 mills.
Mrs. Roberts spoke of the two ordinances pertaining to the
Budget which had a First Reading on September 16, 1980 - the
first one to set the millage rate and the second one is to
adopt the Budget. They will come up for a final reading and
adoption at the Regular Meeting to be held on October 7, 1980
at 7:30 P.M.
80.47 Proposed Ordinance to adopt Florida State Statute
allowing municipalities to establish a Code Enforcement
Board
Mr. Sliney informed the Commission that a Code Enforcement
Board had been made state-wide this year and it would be
necessary to adopt a new ordinance. He brought the revised
ordinance with him which the Commission will study during the
• week and a First Reading can be held on October 7, 1980.
80.48 Florida Leaciue of Cities Conference - October 23, 24
and 25, 1980 - Desicmation of voting delecLate
Mayor Horton stated that at the Special Meeting on September
23, 1980, Mrs. Roberts had been selected as the voting delegate
for the Town. She will be attending this Convention in Bal
Harbour on October 23, 24 and 25.
Mayor Horton stated that Commissioner Blosser had asked him
whether the Financial Advisory Board received an honorarium
for their services. After discussion, the consensus was to
adopt a Resolution making this a regular board of the Town and
paying them the same honorarium as the other boards receive.
This will be retroactive to their first meeting (4 meetings total).
Discussion then took place regarding listing the names of the
Commissioners on both the Town letterhead and the Bulletin
letterhead. This matter will be studied further before any
action is taken.
Minutes Highland Beach
• Town Commission
Special and Workshop Meeting
September 30, 1980
Town Manager's Reports
Page 8 of 10
Mrs. Roberts reported that Townspeople have asked her about
providing more turn lanes along AlA, such as the one in front
of Regency Highland. In talking with the DOT about this, Mrs.
Roberts said that the Department of Transportation would
install the third lane if the developers in Town would pay
for it. It was the consensus of the Commission that a committee
be established to study this matter.
Mrs. Roberts then brought up the subject of the lease between
Boca Raton and Highland Beach at the well field. She presented
a brief background on just what has transpired up to this time.
Discussion ensued with Commissioner Genovese being strongly
against leasing the land for a dollar a year and for a period
of twenty years. Vice Mayor Storm favored a "good neighbor"
policy in light of the water situation over the past weekend.
It was finally decided that Mr. Sliney should meet with Mr.
Galbraith, City Attorney for Boca Raton, to see if a compromise
could be arranged.
Mrs. Roberts informed the Commission that she had not been able
to work on the ordinances that had been suggested to her by the
Building Official some weeks ago, however, now that the Budget
work was nearing a completion, sh~r'would be able to proceed with
them .
She spoke then of the Massengill property, saying that Mr.
Hamzik had written to Mr. Novelli informing him that all
building permits had expired and that new permits would have
to be issued in accordance with Ordinance No. 336. She also
told about letters being sent to Senators and Congressmen re-
garding the extension of the Federal Revenue Sharing Program.
Mrs. Roberts announced that the Palm Beach County Municipal
League will be meeting in Highland Beach on Thursday, October
9, 1980 at 9:00 A.M. The speaker will be a gentleman from
Palm Beach Junior College who will talk about the newly formed
"Institute of Government".
• She also informed the Commission that the air conditioning in
Minutes Highland Beach
Town Commission
• Special and Workshop Meeting
September 30, 1980
Page 9 of 10
the Town Hall had broken down again and she had written to Mr.
Martin of Gulfstream Air Conditioning asking him to meet with
Mr. Levine and Mr. Stano. She is hoping that something can be
done to-keep it running until the whole system is redesigned
when the building is remodeled.
Mrs. Roberts told of investments that had been made out of the
1979 Bond Issue Money.
Mrs. Roberts asked the Commission what the Staff could do to
help them keep all their papers in order so that when an
item came up for discussion, they would be able to locate the
necessary papers, such as Ordinances and Resolutions. This
matter will be given further study and a solution will be
found.
Commissioner Genovese again brought up the matter of Cable TV
and asked that Mr. Sliney obtain a report from Dun & Bradstreet
• concerning Mr. Tom Gullett.
Vice Mayor Storm then asked about the sales tax on the gasoline
and Mrs. Roberts informed him that this tax is refunded to the
municipality quarterly. The tax is paid to a company, however,
the state refunds the money.
Mrs. Roberts made mention of a memo from Ray Blosser regarding
Cable T~ and stated that if the Commission would look at some
of these memos, she felt it would help them. Mr. A. F. Debicki,
of Seagate of Highland, talked about Cable TV, asking just how
it would be installed. Mayor Horton explained this for him.
Mr. Earl Totz, a Town resident, talked about the lease for
the well field with Boca Raton and also Cable TV. Another
Town resident talked about Cable TV and Mr. M. H. W. Dent
offered his comments regarding Cable TV, the dock ordinance,
the Financial Advisory Board, 3-laning AlA and the Boca Raton
lease.
Mr. Arthur Doyle of Seagate also offered his comments in
connection with Cable TV, the turn-off lane at Regency and
• new construction.
Minutes Highland Beach
Town Commission
Special and Workshop Meeting
September 30, 1980
Meeting ADJOURNED at 4:05 P.M.
APPROVED: ^(
Louis
1
Page 10 of 10
ton,,Mayor
Har 1d C. orm, Vice Mayor
~~.~ ~ ~~~
J n J asso, Commissioner
Absent
uise G. Blosser, Comm.
Peter ~.,~Genovese, Commissioner
•
ATTEST:
Clerk
DATED: October 17, 1980