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1980.09.02_TC_Minutes_Regular• TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission Regular Meeting September 2, 1980 1.30 P M Mayor Horton called the Regular Meeting of the Town Commission to order at 1:30 P.M. Those in attendance were: Mayor Louis Y. Horton, Vice Mayor Harold C. Storm and Commissioner Mary Louise G. Blosser. Commissioner Peter J. Genovese and Commissioner John J. Basso were absent. Also in attendance were: Elaine W. Roberts, Town Manager; Thomas E. Sliney, Town Attorney; and Helen R. Carpenter, Deputy Town Clerk. There were several people in the audience. Pledge of Allegiance Approval of Minutes July 29, 1980 • July 29, 1980 August 5, 1980 August 12, 1980 - Workshop Meeting - Public Hearing - Regular Meeting - Public Hearing. MOTION by Commissioner Blosser and seconded by Vice Mayor Storm that the minutes be approved as written. All Commissioners voted Aye. Public Requests and Comments - None Reports - Town Commission (a) Mayor Louis Y. Horton - Mayor Horton reported that he had just spoken with Mr. Schanz of Gulfstream Bank and their Loan Committee had informed him that they were no ..longer able to meet their prior commitment of 7'~% loan on the purchase of the sewer system. However, they said they would lend us the money at 8/ interest as long as we have MB IA insurance and 9/ without MBIA insurance. This commitment would be good for 120 days or until the end of the year. Mayor Horton further stated that the proposed indenture had been received from the Bond Attorney and copies were distributed to the bank officials. There will be a special meeting sometime this month to • approve the proposed indenture, then we can proceed with getting the bonds validated. Minutes Highland Beach Town Commission • Regular Meeting September 2, 1980 Page 2 of 12 Mayor Horton stated that there had been some problems at the water plant this past weekend but things were now back to normal. (b) Vice Mayor Storm - Vice Mayor Storm reported that from January 1 to August 31st we had received $105,222.45 in interest from funds invested. He then gave a report on our current C.D.'s, stating that our funds are contin- ually being rolled over to get the best return; but, with the ever-changing interest rates, it is very difficult to determine what our income for the future will be. Vice Mayor Storm stated that he had met with the Financial Advisory Board and Finance Dept. staff in regard to the new budget which was most difficult to prepare because of the new TRIM bill. Vice Mayor Storm suggested we inform our residents, perhaps through the Bulletin, that there will be a considerable tax increase on their property from outside of the Town of Highland Beach - the School District and the County specifically. • Vice Mayor Storm stated that he thought a decision should be made on the lost-of-living increase to be granted to the Town employees. Vice Mayor Storm said he would be attending the "208" meeting on Wednesday. After discussion on the cost-of-living increases for employees, MOTION by Vice Mayor Storm that the cost-of-living increase to be calculated in the Budget for the Fiscal Year 1980-81 include a 9/ increase for the employees of the Town; seconded by Mayor Horton. In polling the Commission, the vote was: Commissioner Blosser - Aye; Mayor Horton - Aye; and Vice Mayor Storm - Aye. (c) Commissioner Mary Louise G. Blosser - Commissioner Blosser reported that a new Building Inspector, Glenn Owen, started work today in the Building Department. Reports - Boards and Agencies of the Town • (a) Board of Adjustment - No report Minutes Highland Beach • Town Commission Regular Meeting September 2, 1980 Page 3 of 12 (b) Code Enforcement Board - Mayor Horton read the petition from residents living on Russell Drive in regard to the unfinished buildings on the Massengill property. Attorney Sliney gave a recap of what had been done to date and what the end result possibly could be inasmuch as the building permit expires on September 25th. There was con- siderable discussion on this subject. Mr. Roehner, Chairman of the Code Enforcement Board, spoke and suggested that the exterior of the buildings be completed. This will come before the Code Enforcement Board again at the September 17th meeting. Mrs. Roberts stated that she would like to respond to the petitioners and let them know what had been done. (c) Community Appearance Board - Mayor Horton stated that he had attended the C.A.B. meeting last week to discuss the new Municipal Building and the new sign. The C.A.B. requested additional information in regard to the make-up of the sign and also complete information in regard to the land- . scaping. Mayor Horton stated that a landscape architect would design the new landscaping to tie in with what we have and this will come up again at the C.A.B. meeting on September 25th. MOTION by Vice Mayor Storm and seconded by Commissioner Blosser that Mr. Dominick Conte be appointed as Alternate No. 2 to the Community Appearance Board. All Commissioners voted Aye. (d) Housing Board of Adjustment & Appeals - Mayor Horton stated that Mr. Theodore Boepple had attended the meeting of this Board on August 13th and the Board recommended that he be appointed as Alternate No. 2. MOTION by Mayor Horton and seconded by Vice Mayor Storm that Mr. Theodore Boepple be appointed as Alternate No. 2 to the Housing Board of Adjustment and Appeals. All Commissioners voted Aye. (e) Planning Commission - Mrs. Roberts stated that this Board would be holding daytime meetings. They had received the Capital Improvements Program from Mrs. Roberts and have requested the Emergency Evacuation Plan for their October meeting; and they are reviewing the Comprehensive Plan. • This Board also recommended that Mr. Edward Sullivan be appointed as a Regular Member. Minutes Highland Beach Town Commission • Regular Meeting September 2, 1980 Page 4 of 12 MOTION by Commissioner Blosser and seconded by Vice Mayor Storm that Mr. Edward Sullivan be appointed as a Regular Member to the Planning Commission. All Commissioners voted Aye. Reports - Representatives Re: (a) Metropolitan Ping. Organiz. & Transportation - (Don Wilson) Mr. Wilson was not in attendance. Mrs. Roberts read a report which had been submitted by Mr. Wilson, stating that funding of highway projects was a very serious problem. Plans for new roads were being deleted from the program as well as repair and replacement items. We were fortunate in having AlA resurfaced in Highland Beach inasmuch as resurfacing of AlA from the High- land Beach north Town line to 8th Street in Delray was one of the projects which had been shelved. A resolution protesting the level of funding of the transpor- • tation program was adopted by the TAC and submitted to the M.P.O. This resolution will be presented to the State Legislature and State DOT with copies to the Governor and the Palm Beach County Legislative delegation. (b) So. Florida Water Management District - (Frank Carberry) No report. Mayor Horton stated that the So. Florida Water Management District staff are continuing work on a report of the results that had been achieved by our expanded WET Group in conserving water. Reports - Town Attorney Mr. Sliney stated that he had received the revised Bond Resolution from Bond Counsel and copies had been distributed to the Bank Officials and the Town Manager. The proposed copy of Unity of Title in the Healy matter had been received late this morning and Mr. Sliney stated that he did not • have chance to review it yet. Minutes Highland Beach • Town Commission Regular Meeting September 2, 1980 Page 5 of 12 Mr. Sliney stated that he would draw up a simple proposal on the Caravella contract. On the Van Lennep matter, Mr. Sliney stated that the docket sheet had been received today and the schedule would be late in Septem- ber, as we had agreed to another extension. Mr. Sliney stated that in regard to the proposed Community Appearance Board Ordinance (No. 382) and the proposed Subdivision Ordinance (No. 387), it had been indicated by the Commission that these two ordinances would not be adopted. In regard to the Oliver-Hoffman matter, Mr. Sliney stated that their Attorney, Mr. Slinkman, is here at the meeting and their letter requesting an extension should be discussed today. At this point in time, Mr. Slinkman addressed the Commission and distributed copies of correspondence which had been received • from the Florida D. E. R. He explained that all of the problems with the Florida D. E. R. had been resolved but that the dredging permit from the Army Corps of Engineers had been delayed; there- fore, he asked the Commission for a 6-month extension. Mayor Horton stated that this matter would be on the agenda of a special meeting held some time this month at which time action could be taken on the request for another 6-month extension. RE: (a) Proposed Ordinance No. 382 - An ordinance of the Town of Highland Beach, Florida, to amend Chapter 2, Article V, Community Appearance Board, of the Code of Ordinances of the Town of Highland Beach, Florida. (b) Proposed Ordinance No, 387 - An ordinance of the Town Commission of the Town of Highland Beach, Florida, amending Chapter 25 entitled "Subdivisions" of the Code of Ordinances of the Town of Highland Beach, Florida. MOTION by Vice Mayor Storm, seconded by Commissioner Blosser that Ordinance No. 382 and Ordinance No. 387 be dropped. All Commissioners • voted Aye. Minutes Highland Beach • Town Commission Regular Meeting September 2, 1980 Reports - Town Manager Page 6 of 12 Mrs. Roberts stated that the Palm Beach Co. Municipal League would be having a Board Meeting this coming Friday, which she will attend, and that she had invited the League to meet in Highland Beach in October. The Treasure Coast Regional Planning Council will be meeting in Stuart on September 11th. Mrs. Roberts reported that the Safety Committee had met on August 22nd and they decided on the format that they will recommend to the Commission. This will be given to the Commission after the Budget has been passed. In the meantime, any safety complaints are being taken care of promptly. Mrs. Roberts reported on other meetings during the month of August: she and Vice Mayor Storm met with the Financial Advisory • Board; she met with several developers who were interested in the Urbanek property; she met with the Area Planning Board on unit counts and also met with Ross, Saarinen, Bolton & Wilder regarding several projects. Mrs. Roberts reported on correspondence received. A copy of an audit report was received from the Florida Municipal Self Insuror's Program, accompanied by a letter telling about the dividends to be received: Highland Beach's portion is $651.00. The Treasure Coast Regional Planning Council sent a copy of their Fiscal Year 1980-81 Budget. An opinion re: metering of fire lines was received from Lou Petzold, one of Attorney Sliney's assistants. A letter was received from Co-op Recycling Service, with a paper recycling proposal. Correspondence was received from the Area Planning Board re: Federal Funding for transpor- tation and housing problems and a potential housing seminar to be held on September 19th. Mrs. Roberts stated that in regard to the new Municipal Building, final approval had been given by the Planning Commission in August but that more work would be done before a recommendation is made to the Commission to finalize plans for bids. • Mrs. Roberts reported that the Turtle Watch Group had met twice Minutes Highland Beach • Town Commission Regular Meeting September 2, 1980 Page 7 of 12 in August and their last meeting will be tomorrow - September 3rd, at which time they have some festivities planned. Mrs. Roberts stated that the 5-Year Capital Improvements Program had been distributed. She requested any thoughts on this. The Census count is being protested by everyone and the newpapers were full of this, stated Mrs. Roberts, and she said she had an article from the Delray News on August 14th quoting some of the officials' protests in neighboring municipalities as well as herself. Mrs. Roberts stated that we have had some ill staff. Betty Ulitsch was out all last week; and Ben Deacutis, who works in the Post Office, had dislocated his shoulder and cannot work for another month. Building Department - A temporary Certificate of Occupancy was • issued to Lot 20, Highland Beach Isles and a final Certificate of Occupancy was issued to Lyle Gibson's duplex on AlA. Building permits have also been issued to the Clarendon - amount of value $4,500,000. Piling permits were issued to Hidden Harbor recreation pavillion and for the John Rand residence. Finance Department - Mrs. Roberts reported the final tax money shortfall, previously reported, had been reduced by money received from investments - the new figure is $5,602. Other monies received were: Court Revenue (for 10 months) $3,055. - Florida Power & Light Franchise check for_ August - $15,616. - and Road & Bridge Fund total to date - $38,922. Health Department - Dr. Weiss, Health Officer, reported to Mrs. Roberts that he did another inspection at Holiday Inn and many of the violations had been corrected. Dr. Weiss will be submitting a written report shortly. More malayan palms have been sold. Maintenance Department - The beach signs regarding animals have • been replaced. The new signs state that Minutes Highland Beach • Town Commission Regular Meeting September 2, 1980 there is a leash law, by Town ordinance. The Town Hall roof had been repaired. Page 8 of 12 Police Department - No monthly report. Chief Jones is on vacation. Mrs. Roberts reported that the C.D.C. had met on August 12th and again this morning and that a management contract had been approved. Mrs. Roberts stated that the Town is advertising for a police officer - to be an addition to the staff. Town Clerk - Bette Barker, Town Clerk, is on vacation and will be back at work September 10th. This department has been busy with voter registrations and has requested additional help in the next Fiscal Year. Public Utilities and Works - Mrs. Roberts stated that the water • consumption was down for the month of August; however, there had been many problems at the water plant and complaints about the water discoloration, perhaps caused by the automatic filtering system. Mayor Horton stated that this problem should be eliminated when the new plant is completed. Mrs. Roberts stated that the monthly coordinating meeting had been held at the water plant re: the new construction. There have been some holdups because of delays in equipment delivery. The Engineers' report has been received and will be placed on the clipboard. No monthly sewer report has been received from Carl Howard as yet. In re: Lift Station #2 - Mrs. Roberts stated she had been informed that the design will be finished in about a month and will be sub- mitted for review and comments. The plans are completed for Lift Stations #4 and #5 and have been reviewed by Carl Howard. The specifications should be submitted within three weeks. In re: the Bel Lido Bridge - Mrs. Roberts stated that this should be starting shortly and the pre- construction conference is planned for next week. Minutes Highland Beach • Town Commission Regular Meeting September 2, 1980 Page 9 of 12 The Elevated Water Tower painting is finished but it has not had a final inspection; this will be done before payment is made. Mrs. Roberts stated that a 3-month report had been received from the U.S.G.5. and a new contract will be forthcoming inasmuch as our present contract expires this month. Mrs. Roberts reported that 100 more Zoning Booklets had been ordered. At this point in time, Dr. Orman addressed the Commission and asked to be included on the agenda for the Special Meeting to be held at the end of this month. Proposed Ordinances (c) 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". This ordinance had a first reading on August 5, 1980 and will be discussed at the Workshop Meeting to be held on September 30, 1980. (d) Proposed Ordinance No. - An ordinance of the Town of Highland Beach, Florida, amending the Town of Highland Beach Sewer Franchise Agreement providing for the retention of the sewer connection fees by the Town of Highland Beach pending revenue bonds to purchase the sewage system and court validation and sale of the revenue bonds. This ordinance was read in full by Mayor Horton. MOTION by Vice Mayor Storm and seconded by Commissioner Blosser that this ordinance be adopted. In polling the Commission, the vote was: Mayor Horton - Aye; Vice Mayor Storm - Aye; Commissioner Blosser - Aye. Minutes Highland Beach • Town Commission Regular Meeting September 2, 1980 Page 10 of 12 (e) Proposed Ordinance No. - An ordinance of the Town of Highland Beach, Florida, amending Ordinance No. 366 which appropriated funds for the Fiscal Year 1979-80 which began October 1, 1979 and will end September 30, 1980. This ordinance was read in title only (first reading) by Mayor Horton and will be considered for adoption at a Special Meeting to be held on September 30, 1980. (f) 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. • (g) 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 No. 333, as relates to Town Lot 72 West. (h) Proposed Ordinance No. - An ordinance of the Town of Highland Beach, Florida, amending the Official Zoning Map referred to in Section One of Ordinance No. 336, as relates to Town Lot 72 West. (i) Proposed Ordinance No. - An ordinance of the Town of Highland Beach, Florida, amending Ordinance No. 378 which amended Section 29-10, entitled "Water Use Rates and Charges" of the Code of Ordinances. All of the above ordinances were read by title only and will be discussed at the Workshop Meeting on September 30, 1980, with possible adoption at the next Regular Meeting. Proposed Resolution No. 406 - A Resolution of the Town of Highland Beach, Florida, making application for Local Government Comprehensive Planning Assistance Program. Minutes Highland Beach • Town Commission Regular Meeting September 2, 1980 Page 11 of 12 Resolution No. 406 was read in full by the Deputy Town Clerk, MOTION by Vice Mayor Storm, seconded by Commissioner Blosser that Resolution No. 406 be adopted. All Commissioners voted Aye. Items Included from Workshop Meeting of August 26, 1980 Proposed Ordinance re: Cable TV Franchise - this item will be discussed at the Workshop Meeting on September 30, 1980. All other items included from the Workshop Meeting of August 26, 1980 have already been taken care of today. Old Business Mrs. Smith, a Realtor, addressed the Commission regarding the • proposed ordinance on docks. Mayor Horton stated that this ordinance will be discussed at the Workshop meeting on September 30th and probably some adjustment may be made to provide for a change in the setback and that the ordinance would be passed at the next Regular Meeting. However, Attorney Sliney added that the Realtor and client should not rely on anything until the ordinance is actually passed. New Business Mr. M. H. W. Dent, a Town resident, addressed the Commission on the subjects of the Revenue Bond loan; the water plant completion date; water consumption for August; the wording in the Mangurian easement; the proposed Public Safety Department; and the water discoloration. Mrs. Roberts stated that Mr. Walter Bonny has volunteered and is assisting on the Town's Safety Program. Bills for Approval Mrs. Roberts presented the bills for approval. Minutes Highland Beach • Town Commission Regular Meeting September 2, 1980 Page 12 of 12 MOTION by Vice Mayor Storm, seconded by Commissioner Blosser that the bills be approved for payment. All Commissioners voted Aye. The meeting ADJOURNED at 3:25 P.M. APPROVED: ATT~9'P O" ~^ l `n_~P C le4rk Louis~~Horton, Mayor Harold C. S~,t`orm, Vice Mayor (Absent) John J. Basso, Commissioner t( .cz~•~ ~w~~ix. ~.I~Q..c~o.zn -~ Mary Louise G. Blosser, Commissioner (Absent) Peter J. Genovese, Commissioner DATED: September 19, 1980