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1980.08.19_TC_Minutes_Specialf TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meetin of Town Commissio g n Special Meeting August 19, 1980 9 30 A M Mayor Horton called the Special Meeting to order at 9:30 A.M. on August 19, 1980. Those in attendance were: Mayor Louis Y. Horton, Vice Mayor Harold C. Storm, Commissioners Mary Louise G. Blosser and Peter J. Genovese. Also in attendance were: Elaine W. Roberts, Town Manager; Town Attorney Thomas E. Sliney; Police Chief Kenneth Jones and Jane E. Barker, Town Clerk. There were several Townspeople in the audience. Mayor Horton read for the record a letter received from Senator Dick Stone in answer to the Town's Resolution No. 404 regarding the Cuban and Haitian refugees. He then announced that Item No. 1 on the agenda was for the purpose of appointing a new Commissioner to replace Commissioner Harry Bauer, • who resigned as of July 31, 1980. Mayor Horton stated that four resumes had been received from residents in Town, all of whom would be well qualified for the position. Mayor Horton further stated that only one person could be chosen. The Town Clerk was then asked to distribute ballots, after which she read the results - Walter Bonny - 2 and John J. Basso - 2, 2 votes each. Mr. Sliney's advice was then requested as to having to appoint a Commissioner within thirty days of a resignation according to the Charter. He stated that he had written an opinion several months back concerning this and he would like to look this up before express- ing an opinion. Commissioner Genovese spoke for quite awhile regarding electability. Mayor Horton responded and Vice Mayor Storm and Commissioner Blosser also made a few remarks. Ballots were passed around for the second time and the vote was as follows: John J. Basso - 2 votes and Walter J. Bonny - 2 votes. This resulted in the second tie. Minutes Highland Beach Town Commission • Special Meeting August 19, 1980 Page 2 of 7 Inasmuch as this had never happened before, Mr. Sliney stated that he would like to locate the opinion that he spoke about before. The Commission then proceeded to discuss the second item on the agenda which was the presentation of the Fiscal Year 1980-81 Forecast of Expenditures and Revenues and setting a tentative millage rate. Miss Maree Birkbeck, Finance Director, then read the figures which had been distributed to the Commission, dated August 8, 1980. Due to the fact that the new TRIM bill is causing much confusion this year, Mrs. Roberts stated that the only thing which was required of the Commission today was to set the tentative millage rate. The Property Appraiser would then be notified as required by law. Mrs.. Roberts then stated that a Public Hearing can be set for September 29, 1980 after 5:01 P.M. The Property Appraiser will mail first class notices to all taxpayers informing them of this Public Hearing. • Vice Mayor Storm publicly thanked Financial Advisory Board Members Mrs. Rayner and Mr. Cook for all the help they have provided in regard to the Forecast. It was then decided that this matter would be discussed in much further detail at the Workshop Meeting on August 26, 1980 and during Workshop Meetings in September. Mrs. Roberts said that Representative Jim Watt will be in attendance to explain the impact of bills passed this year, and she hoped that all the Commissioners would question him thoroughly re the TRIM bill specifically. MOTION by Vice Mayor Storm that the operating expense millage of 2.803 be set by the coming fiscal year. This MOTION was seconded by Com- missioner Blosser. All Commissioners voted Aye. Mayor Horton then read for the record Mrs. Roberts' memo of August 13, 1980, explaining what the roll back rate is, what the 8% increase is and what the credit is left over from three years prior when the Town used less than the certified millage rate that the Property Appraiser advised. Discussion took place regarding the time of the Public Hearing on • September 29, 1980 and the consensus was to hold this Hearing at Minutes Highland Beach Town Commission • Special Meeting August 19, 1980 Page 3 of 7 7:30 P.M. in the Town Hall, 3614 South Ocean Blvd., Highland Beach, Florida. The next Public Hearing, Mrs. Roberts said, has to be advertised and must be held three days after the advertisement. Mrs. Roberts stated that the second Public Hearing could be held on October 7, 1980. Regarding the paper pick-up contract submitted by Mr. Caravella, Mr. Sliney advised the Commission to accept the one as submitted temporarily. Two questions - one about being sole servicing agent, and one concerning a termination date will be added to the final contract. Mr. Sliney then left the meeting to return to his office. The Town Commission then discussed the necessary roof repairs needed in the Lobby of the Town Hall. Mrs. Roberts presented three bids for this work - Modern Roofing in the amount of $600.00; M.D. House Doctor in the amount of $611.00 and Boca Raton Roofing for $768.00. • The last bid would guarantee the work for three years, and was recommended by the Building Official for acceptance. After discussion, a MOTION was made by Commissioner Genovese and seconded by Commissioner Blosser that the bid from Boca Raton Roofing in the amount of $768.00 be accepted. All Commissioners voted Aye. Bills for Approval - None Mrs. Roberts reported that the Ordinance replacing the Emergency Ordinance concerning the Sewage System could be adopted on September 2, 1980 as advertised and as advised by Attorney Sliney. Mrs. Roberts then requested a consensus from the Commission concerning Mr. Caravella's picking up the papers. If the Commission wishes to retain him, Mrs. Roberts will inform him that he will have a contract shortly. The Commission agreed that Mr. Caravella should continue. Mrs. Roberts then talked about the proposed lease with Boca Raton re: the well field. The Mayor mentioned having an Open House at • Minutes Highland Beach Town Commission • Special Meeting August 19, 1980 Page 4 of 7 the Water Plant next Spring when the work will be completed, so that the Townspeople can see the new plant. Commissioner Genovese still felt that the lease with Boca Raton should be of a shorter duration than twenty years and that a one or two member committee should be appointed to talk with the Boca Raton Attorney to see if a compromise could be agreed upon. Mrs. Roberts informed the Commission about the air conditioning system not working on Monday of this week and that she felt it might have to be replaced. More information will be presented shortly. Mrs. Roberts reported that John Helfrich, formerly of the Building Department, has made a claim for unemployment compensation. She said that it is most likely that he will receive these benefits because he had resigned due to illness. A recess was then called until Attorney Sliney returned from • his office. Time - 11:00 A.M. The Special Meeting was reconvened at 11:30 A.M. Mr. Sliney reported on a case called Blakley vs. the City of Miami Commission wherein an impasse arose such as the one before the Town Commission today. His opinion was that if the impasse continued, a Special Election would have to be called. Mrs. Barker was requested to get information from Jackie Winchester's office to determine when the Town's election could be added to the ballot and what the expense would be. Mr. John J. Basso then addressed the Town Commission telling of his past work experience as a practicing attorney and also serving with the Internal Revenue. Mr. Walter Bonny also addressed the Commission. At this point in time, the Town Clerk passed around ballots again and a third vote was taken. For the third time, the vote • was 2 for Walter Bonny and 2 for John Basso. .._ 4 Minutes Highland Beach • Town Commission Special Meeting August 19, 1980 Page 5 of 7 Much discussion took place regarding the holding of a Special Election, possibly on November 4, 1980, at the time of the Presidential Election. Vice Mayor Storm made a MOTION that since an impasse had been reached in the appointment of a Commissioner at the Special Meeting as of this date, an election for the office of Commissioner be held on the General Election date of November 4, 1980. There was no second to this MOTION. Much more discussion continued until 12:15 P.M. when Mayor Horton called a Recess until 9:30 A.M. on Wednesday, August 20, 1980. He stated that he hoped this issue could be settled inasmuch as he did not think the Commission should be deprived of the fifth Commissioner until November. He also said that he had wanted the new Commissioner to work on the Pay Plan and also the Public Safety Department. • Time of ADJOURNMENT - 12:15 P.M. RECONVENED SPECIAL MEETING August 20, 1980 9.30 A.M. Mayor Horton called the Recessed Special Meeting to order at 9:30 A.M. Those in attendance were: Mayor Louis Y. Horton; Vice Mayor Harold C. Storm and Commissioners Mary Louise G. Blosser and Peter J. Genovese. Also in attendance were: Elaine W. Roberts, Town Manager, Town Attorney Thomas E. Sliney; Police Chief Kenneth Jones and Jane E. Barker, Town Clerk. There were several people in the audience. Mayor Horton asked if anybody had any statement to make before pro- ceeding with the meeting. Mr. Walter Bonny asked to speak and said that he realized it was the responsibility of the Commission to make a decision in this matter and, therefore, he would like to concede. He also made a suggestion ~M Minutes Highland Beach • Town Commission Special Meeting August 19/20, 1980 Page 6 of 7 that the Commission look into their by-laws to determine how a tie vote could be resolved. Mayor Horton thanked Mr. Bonny for his interest in applying for the position, his magnanimous attitude in withdrawing so that the Town did not have to continue with an impasse and his suggestion which, Mayor Horton said, Counsel would look into. MOTION by Commissioner Genovese and seconded by Commissioner Blosser that Mr. John J. Basso be appointed unanimously to the vacant position. All Commissioners voted Aye. Resolution No. 405 was then read in full by Mayor Horton appointing Mr. Basso to this position. A roll call vote was then taken by the Town Clerk with the following count: Vice Mayor Storm - Aye; Mayor Horton - Aye; Commissioner Blosser - Aye; and Commissioner Genovese - Aye. • The Town Clerk then gave the Oath of Office to Commissioner Basso, and he took his seat at the podium. Mayor Horton then asked Mr. Hamzik, Building Official, to bring the Commissioner up to date on the Healy matter, after which discussion took place. Mr. Hamzik was instructed not to issue a building permit until a Unity of Title had been signed by the property owners. Bills for Approval Vice Mayor Storm read the amount of the bill to be approved. MOTION by Mayor Horton/Commissioner Genovese that the bill be approved. All Commissioners voted Aye. Mrs. Roberts then announced that Ben Deacutis, one of the post office part-time employees, dislocated his shoulder and would be off from work for about l~ weeks. Mrs. Roberts is waiting to hear whether Fred Meyer will be able to come in and help out. Mayor Horton then requested Commissioner Basso to write a letter of resignation from the Planning Board. • Minutes Highland Beach Town Commission • Special Meeting August 19/20, 1980 Page 7 of 7 MOTION by Commissioner Genovese and seconded by Vice Mayor Storm that Mr. Basso's resignation from the Planning Board as Alternate No. 1 be accepted. All Commissioners voted Aye. Mayor Horton then stated that the Urbanek property south of Seagate had been sold and the Drexel property to the north of Ambassadors South is in the process of being sold. Mrs. Roberts stated that she will give the Commission a memo updating the status of building projects in Town. MOTION by Commissioner Genovese and seconded by Commissioner Basso that the meeting be ADJOURNED at 10:00 A.M. All Commissioners voted Aye. APPROVED: Louis Y~.,•~orton, Mayor Harold C. Storm, Vice Mayor Ma Louis G Blosser, Commissioner Pete,,~1'~ GenovQ,,se, Commissioner ~ ;, ca~~ J: asso, Commissioner ATTEST: To~ Clerk DATED: August 25, 1980