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1984.11.07_TC_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA MINUTES OF MEETING OF TOWN COMMISSION REGULAR MEETING Wednesday, November 7, 1984 1:30 P.M. The Regular Meeting was called to order by Mayor Louis Y. Horton at 1:30 p.m. in the Town Commission Chambers at Town Hall. Also present were: Commissioners William E. Paul and Betty Jean Stewart. Mayor Horton stated that Commissioner John J. Basso would arrive at 2:00 p.m. Vice Mayor Mary Louise G. Blosser was absent. Also present were: Town Attorney Thomas E. Sliney, Building Official Bruce Sutherland, Police Chief William Cecere, Acting Town Manager Mary Ann Whaley, Deputy Town Clerk Elizabeth L. Kolek, citizens, and the general public. The Pledge of Allegiance was led by Mayor Horton. APPROVAL OF MINUTES: September 21, 1984 • September 25, 1984 September 25, 1984 October 3, 1984 - October 3, 1984 - October 9, 1984 - - Public Hearing re Budget - Special Meeting - Workshop Meeting Regular Meeting Public Hearing re Casuarina Workshop Meeting It was the consensus of the Town Commission that since Commissioner Stewart was absent for the October 3 and October 9 meetings, that the approval of those minutes would be made after Commissioner Basso arrives for this meeting. A MOTION was made by Commissioner Stewart/Commissioner Paul to approve the Minutes of the September 21, 1984 and September 25, 1984 meetings as sub- mitted. All voted AYE. PUBLIC COMMENTS AND REQUESTS: Mayor Horton presented former Town Commissioner Mr. Harry Walker with a lovely framed Resolution No. 462 from the Town Commission and the citizens of the Town in appreciation for his past services to the Town . Mayor Horton then recessed the Regular Meeting at 1:40 p.m. in order to hold a Public Hearing re ITCO Properties' application for a special exception. MINUTES OF Town Commission Regular Meeting Highland Beach, Florida November 7, 1984 Page 2 of The Regular Meeting of the Town Commission reconvened at 1:45 p.m. Commissioner John J. Basso arrived at this meeting at 2:~0 p.m. REPORTS - TOWN COMMISSION: • Mayor Louis Y. Horton - No report at this time. Vice Mayor Mary Louise G. Blosser - Absent Commissioner John J. Basso - No report. Commissioner William E. Paul - No report. Commissioner Betty Jean Stewart - No report at this time but has an item to discuss later in the meeting. REPORTS - TOWN ATTORNEY: Attorney Thomas E. Sliney reported that he had drawn up a Resolution regarding the sale of Thomas Communitions, d/b/a High- land Beach Cable Television Co., to Centel Cable Television Company of Florida with a copy to their attorney, Cormac Conahan, which included the corrected name for Centel Cable Television Company of Florida and that all franchise payments to the Town • will be current (these payments are made quarterly and are now paid in full, to October 1, 1984), as the Town Commission had requested. Commissioner Stewart stated that all monies owed to the Town should be paid before the transfer of ownership. It was agreed that Centel will be responsible for the franchise fee. Commissioner Basso stated that Centel should provide the Town with a yearly financial statement and this should be added to the Resolution. The attorneys expected this transfer to take place before December 31, 1984 but had no definite date, as yet. After some discussion regarding the additions that are to be made to the Resolution for this transfer and after the Resolution was read as amended by Attorney Sliney, MOTION was made by Commissioner Paul/ Commissioner Stewart that the Resolution be adopted. All Commissioners present voted AYE. The MOTION carried unanimously. REPORTS - TOWN MANAGER: Acting Town Manager Mary Ann Whaley reported that a request was received from Harvel & Deland for an increase of 7.5~ to their contract with the Town. After some discussion, MOTION was made by Commissioner Stewart/Commissioner Paul that the increase in their contract be granted. All Commissioners present voted AYE. The Palm Beach County Fire/Rescue Contract has been signed by all parties involved and copies are now in the Town Hall files. ' MINUTES OF Town Commission Regular Meeting Highland Beach, Florida November 7, 1984 Page 3 of 7 Reports from the Department Heads are available on the Clipboard, as well as a memorandum from Kelton & Associates regarding the Road and Bridge Fund Suit. No report has been received from the engineering firm of Greeley & Hanson of Tampa, Florida regarding the sewer charges but is expected very soon. REPORTS - BOARDS AND COMMITTEES: (A) BOARD OF ADJUSTMENT - The appointment of Mr. Gilbert G. Lorenz to the Regular Member vacancy was approved with a MOTION by Commissioner Stewart/Commissioner Paul. All voted AYE. (B) CODE ENFORCEMENT BOARD - No report. (C) COMMUNITY APPEARANCE BOARD - A report of their meeting is on the clipboard. The reappointment of Mr. H. C. Arnold as Alternate No. 2 was approved with a MOTION by Commissioner Stewart/Commis- sioner Paul. All voted AYE. • (D) FINANCIAL ADVISORY BOARD - No report and no planned meeting. (E) HEALTH OFFICER - No report. (F) LIBRARY BOARD - A Program of Christmas Music will be presented on Friday, December 14, 1984 from 4 p.m. to 6 p.m. in the Library for residents, members, and their guests. Refreshments will be served. (G) PLANNING BOARD/LOCAL PLANNING AGENCY - No report. The Regular Meeting scheduled in October was canceled. (H) POLICE ADVISORY BOARD - No report. PROPOSED ORDINANCES AND RESOLUTIONS: (A) Final Readin (1) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, CHAPTER 21, ENTITLED "SEAWALLS, BULKHEADS, RETAINING WALLS", SECTION 21-1(d)(7). • Upon insertion of the word "established" in the second paragraph, i.e., "the setback established by Chapter 3P!" of the Ordinance and MINUTES OF Town Commission Regular Meeting Highland Beach, Florida November 7, 1984 Page 4 Of 7 after the Ordinance was read in its entirety, MOTION was made by Commissioner Stewart/Commissioner Paul that this Ordinance be adopted. Upon being polled by the Deputy Town Clerk, all Commissioners voted AYE. The MOTION passed unanimously. (2) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, CHAPTER 2, ENTITLED "ADMINISTRA- TION", SECTION 2-5 ENTITLED "GENERAL SUPERVISION OVER TOWN AFFAIRS; SUSPENSION OF TOWN OFFICERS", BY REPEALING SAME. This Ordinance was read in its entirety, after which MOTION was made by Commissioner Stewart/Commissioner Paul that this Ordi- nance be adopted. Upon being polled by the Deputy Town Clerk, all Commissioners voted AYE. The MOTION carried unanimously. (3) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING CHAPTER 28 1/2, ENTITLED "TREES, SHRUBS AND VEGETATION", SECTION 28 1/2-13 ENTITLED "DEFINITIONS", SUB-SECTION (h). • This Ordinance was read in its entirety, after which MOTION was made by Commissioner Stewart/Commissioner .Paul that this Ordi- nance be adopted. Upon being polled by the Deputy Town Clerk, all Commissioners voted AYE. The MOTION carried unanimously. (4) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, CHAPTER 6, ENTITLED "BEACHES AND BOATS", BY ADDING A SECTION ENTITLED "LIVING ABOARD BOATS PROHIBITED." This Ordinance was read in its entirety, after which MOTION was made by Commissioner Paul/Commissioner Stewart that this Ordi- nance be adopted. Upon being polled by the Deputy Town Clerk, all Commissioners voted AYE. The MOTION carried unanimously. (B) First Reading: (1) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING THE C09E OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, CHAPTER 22, ENTITLED "SEWERS", SECTION 22-2 ENTITLED SEWER SERVICE CHARGES" TO ELIMINATE CURRENT SURCHARGE. As no report has been received from Greeley & Hanson,-the Town Commission could take no action at this time. ` MINUTES OF Town Commission Regular Meeting Highland Beach, Florida November 7, 1984 Page 5 of 7 . (2) AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ENTITLED "FIRE PREVENTION" BY ADDING A SECTION ENTITLED "APPLICATION OF PALM BEACH COUNTY FIRE CODE." Mayor Horton read this reading, this Ordinance Meeting for December 4, REGULAR BUSINESS Consent Agenda Items - Ordinance by its title. After this first will be on the agenda of the Regular 1984 for possible adoption. (1) Approval of joining Palm Beach County uniform election date. After some discussion, MOTION was made by Commissioner Basso/Commissioner Paul to join Palm Beach County in a uniform election date. All Commissioners present voted AYE. (2) Approval of the extension of the Sales Trailer Permits for Ocean Terrace, Royal Highlands, and Highlands Place. After some discussion, MOTION was made by Commissioner Basso/Commissioner Paul to grant the extension of the Sales Trailer Permit for Ocean Terrace, Royal Highlands, and Highlands Place. All Commissioners present voted AYE. Items Left Over - (1) Decision re Kinser sewer connection. After discussion, MOTION was made by Commissioner Basso/ Commissioner Paul to approve the expenditure for two manholes near the Kinser property, for the total of $2,950.00. All Commissioners present voted AYE. (2) Status of Drexel Management project. (Contingent upon receipt of requested information.) Earl Totz stated that all information requested from Strock & Associates (engineers) and Drexel Management had been provided. Much discussion ensued regarding the request for the time extension. Attorney James Scherf (Drexel Management) and Mr. Latz (also with Drexel Management) also were present. Attorney David Friedman .reported that upon his review of all the information submitted by the U.S. Army Corps of Engineers, as well as other agencies, it was revealed that several lapses ' MINUTES OF Town Commission Regular Meeting Highland Beach, Florida November 7, 1984 Page ~ of 7 • of time occurred (one being 14 months) and files deacti- vated due to the unresponsiveness of Drexel in pursuing the permits required. It was the feeling that if any extension of time were justified, it could not be based on unreasonable delay by Federal agencies. MOTION was made by Commissioner Stewart/Commissioner Basso to extend their permit for a period of six months. Commissioner Paul felt that a full Commission should be present for any action on this matter. More discussion ensued as to what caused the delays and what would con- stitute a reasonable extension. Attorney Friedman left a copy of his Analysis regarding Drexel Management per- taining to the years of 1982-1983 with the Acting Town Manager. It was pointed out by Ms. Whaley that although Drexel was requesting the extension including time of review by the Town Commission, Drexel in no way had been prohibited by the Town in the pursuit of any required permits. It was the consensus of the Town Commission to analyze this further and requested more information from Drexel and the attorneys for both parties. Commissioner Stewart WITHDREW HER MOTION and Commissioner Basso WITHDREW HIS SECOND. Mayor Horton stated that he had received a copy of a memorandum from the Finance Director to the Acting Town Manager stating that a refund was due to former Town Manager Elaine Roberts because of an error in bookkeeping, which means that no additional monies would be involved, only an adjustment from IRS to FICA. Mayor Horton stated that applications for the position of Town Manager would only be accepted until November 19, 1984, as adver- tised. Discussion ensued as to how the applications will be processed and reviewed. It was the consensus of the Town Commission that the Town Commission will review the applications themselves and determine the finalists before selecting a new Town Manager. This item will be on the November 27, 1984 Workshop Meeting Agenda. The Minutes for the following meetings were now approved as sub- mitted: October 3, 1984 - Regular Meeting October 3, 1984 - Public Hearing re Casuarina October 9, 1984 - Workshop Meeting A MOTION was made by Commissioner Paul/Commissioner Basso to approve the minutes as submitted. All Commissioners voted AYE. MINUTES OF Town Commission Regular Meeting Highland Beach, Florida November 7, 1984 Page 7 of 7 Commissioner Stewart reported that the Ad Hoc Evaluation Committee has scheduled their next meeting for November 14, 1984 at 1:30 p.m. but since the Vice Mayor is out of Town, the Committee was asked to postpone the meeting until the Vice Mayor could be present. BILLS FOR APPROVAL: ADJUSTCO (FORMERLY RISK MANAGEMENT) .............$9,282.00 F.H.FOSTER OIL CORP. (GASOLINE & OIL)...........$1,999.80 KELLY TRACTOR CO. (EMERGENCY GENERATOR FOR WTP AND WELL-FIELD) ......................$655.00 LAWMEN'S & SHOOTERS SUPPLY INC. (LIGHT-BAR PACKAGE FOR POLICE CRUISER)..........$1,500.00 NOWLEN, HOLT, MINER & KISKER, C. P. A.'S (INTERIM BILLING 1983/84 EXTERNAL AUDIT)........$2,315.00 SUN BANK NATIONAL ASSN. (1965 BOND ISSUE) ...............................$1,062.78 TOTAL BILLS FOR APPROVAL $15,024.58 • A MOTION was made by Commissioner Basso/Commissioner Paul to approve the bills as submitted. All Commissioners voted AYE. There being no further business to come before the Town Commission, the Regular Meeting was adjourned at 4:00 p.m., with a MOTION by Commissioner Stewart/Commissioner Paul. APPROVED: Louis Y Horton, Mayor ~~~ ~ ti Mar L ise losser, Vice Mayor G~'~ ATTE T: o asso, Commissioner ~~~~~~~~ OW CL K William E. Paul, Commissioner DATE : 1 ~8 ~0 ~ ~~ Be y Jean Stewart, Commissioner