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1983.01.21_TC_Minutes_Special TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission • SPECIAL MEETING January 21, 1983 2:00 P. M. Mayor Horton called the Special Meeting to order at 2:00 P. M. Those in attendance were: Mayor Louis Y. Horton, Vice Mayor Mary Louise G. Blosser, Commissioner John J. Basso, Commissioner Edward J. Sullivan, and Commissioner Harry Walker. Also in attendance were: Elaine W. Roberts, Town Manager; Thomas E. Sliney, Town Attorney; Elisabeth L. Kolek, Deputy Town Clerk; George Roberts, Attorney; and Community Appearance Board Members: Amelie Leng, Betty Jean Stewart, Doris Rome, and Frank Savino. Mayor Horton announced the purpose of the Special Meeting: Review of the lawsuit that has been filed against the Town Commission and four members of the Community Appearance Board, by the Milani Family Trustees. Mayor Horton reported that negotiations were still being held between Delray Beach and Highland Beach regarding the increase in sewer charges by Delray Beach. The attorneys for both municipalities will be meeting on Monday, January 24, 1983. . Attorney Thomas E. Sliney gave a report and explained some aspects of the Milani lawsuit. He stated that a hearing date has been set for the end of March, 1983. Attorney George Roberts (for Risk Management) answered some questions by the Town Commission and by the Community Appear- ance Board members present, with discussion following. The consensus of the Town Commission was that they recommend that the advice of Counsel be followed and wait accordingly for further action by the Milani eounsel. MOTION to adjourn the Special Meeting was made at 2:45 p.m. by Commissioner John J. Basso and was seconded by Commissioner Edward J. Sullivan. APPROVED• •MAYOR uis Y. Horton ~ .o ~ „ _ VIC se G. Blosser Basso (~ OMMI S ATTES~ C~,C~ • ~- COMMYSSI Date - ~ ~0~~'3 rd J._Sullivan Harry Walker TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of the Town Commission REGULAR MEETING January 4, 1983 1-30 P M Vice Mayor Blosser called the Regular Meeting to order at 1:30 P.M. Those in attendance were: Vice Mayor Mary Louise G. Blosser and Commissioners John J. Basso, Edward J. Sullivan and Harry Walker. Mayor Horton was absent. Also in attendance were Elaine W. Roberts, Town Manager; Thomas E. Sliney, Town Attorney; Chief Kenneth Jones; and Rita Ebersole, Deputy Town Clerk. 2. Pledge of Allegiance 3. Approval of Minutes November 18, 1982 - Special Meeting November 30, 1982 - Workshop Meeting December 7, 1982 - Regular Meeting MOTION was made by Commissioner Basso/Walker to approve the minutes as written. All agreed. 4. Public Requests and Comments There were none. 5. Reports - Boards and Committees (a) Board of Adjustment - Next meeting date is January 17, 1983 and there is one alternate vacancy. (b) Code Enforcement Board - Next meeting will be held January 19, 1983. (c) Community Appearance Board - Vice Chairman Doris Rome reported that the Board is studying the sign ordinance very carefully. Them last meeting was held on December 30, 1982. (d) Financial Advisory Board - No meetings have been scheduled. (e) Health Officer - No report. (f) Housing Board of Adjustment and Appeals - Next meeting is scheduled for January 11, 1983 at which time Mrs. Roberts expects Elsie Oakley to be recommended for reappointment. Town of Highland Beach Town Commission Regular Meeting January 4, 1983 Page 2 of 10 (g) Planning Commission - Dr. Weiss reported that the Commission has finalized the Comprehensive Plan after holding required Public Hearings. It will be forwarded to the Town Commission. They are now concentrating on the zoning amendments. Attorney Sliney explained some of the details involved before everything will be complete and said he would get the exact schedule for Public Hearings, State agencies review, etc. The Town Commission will request the Planning Commission to hold Public Hearings re Temporary Certificates of Occupancy, Substantial completion, and extension of Building Moratorium. These items require Public Hearings as changes in the Zoning Code. (h) Police Committee - Mrs. Roberts reported that the Committee met on January 3, 1983. 6. Proposed Ordinances - All had first reading 12/7/82. (a) Proposed Ordinance No. - 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 and Retaining Walls," Section 21-1 and 21-3. This ordinance was read in full by Rita Ebersole constituting a second reading. A MOTION was made by Commissioner Basso/Walker to approve as read. In polling the Commission the vote was as follows: Commissioner Basso - Aye; Commissioner Sullivan - Aye; Commissioner Walker - Aye; and Vice Mayor Blosser - Aye. (b) Proposed Ordinance No. - An ordinance of the Town of Highland Beach, Florida, amending the Code of Ordinances, Chapter 11, Section 11-2 entitled "Storage and Collections," and Chapter 11, Section 11-9 entitled "Removal of Refuse and Trash from premises. This ordinance was read in full by Vice Mayor Blosser constitut- ing a second reading. A MOTION was made by Commissioner Basso/Walker to approve as read.. In polling the Commission the vote was as follows: Commissioner Basso - Aye; Commissioner Sullivan - Aye; Commissioner Walker - Aye; and Vice Mayor Blosser - Aye. Town o~ Highland Beach Town Commission • Regular Meeting January 4, 1983 Page 3 of 10 (c) Proposed Ordinance No. - An ordinance of the. Town of Highland Beach, Florida, amending Section 22-2 of the Code of Ordinances of the Town of Highland Beach, Florida, entitled "Sewer Service Charges." This ordinance was read in full by Tom Sliney constituting a second reading. A MOTION was made by Vice Mayor Blosser/Commissioner Basso to approve as read. In polling the Commission the vote was as follows: Commissioner Basso - Aye; Commissioner Sullivan - Aye; Commissioner Walker - Aye; and Vice Mayor Blosser - Aye. (d) Proposed Ordinance No. - An ordinance of the. Town of Highland Beach, Florida amending the Code of Ordinances of the Town of Highland Beach, Chapter 3-l, entitled "Standard Mechanical Code Adopted." This ordinance was rescheduled • January 25, 1983. (e) Proposed Ordinance No. amending the Code of Ordinances Section 7-l, entitled "Standard Eor the Workshop meeting on - An ordinance of the Town of Highland Beach, Florida of the Town of Highland Beach, Building Code Adoption." This ordinance was read in full by Vice Mayor Blosser, constituting a second reading, and a MOTION was made by Commissioner Basso/Sullivan to approve as read. In polling the Commission, the vote was as follows: Commissioner Basso - Aye; Commissioner Sullivan - Aye; Commissioner Walker - Aye; and Vice Mayor Blosser - Aye. (f) Proposed Ordinance No. - An ordinance of the Town of Highland Beach, Florida, amending the Code of Ordinances of the Town of Highland Beach, Section 10-1, "Adoption of National Fire Code." This ordinance was rescheduled for the Workshop meeting on January 25, 1983. (g) Proposed Ordinance No. - An ordinance of the Town of Highland Beach, Florida amending the Code of Ordinances of the Town of Highland Beach, Section 12-1, entitled "Southern Standard Gas Code Adopted." ` ~ ~ Town of Highland Beach Town Commission • Regular Meeting January 4, 1983 Page 4 of 10 This ordinance was rescheduled for the Workshop meeting on January 25, 1983. (h) Proposed Ordinance No. - An ordinance of the Town of Highland Beach, Florida, amending the Code of Ordinances of the. Town of Highland Beach, Section 19-1 entitled "Standard Plumbing Code Adoption." This ordinance was rescheduled for the Workshop meeting on January 25, 1983. 7. Proposed Resolutions. (a) Police Committee - This resolution will be discussed at the January 25, 1983 Workshop. (b) Planning Commission - qualifications, duties and responsi- bilities. This resolution requires further study and will be rescheduled. 8. Reports - Town Commission • (a) Mayor Louis Y. Horton - absent. (b) Vice Mayor Mary Louise G. Blosser - Vice Mayor Blosser referred to Harry Wood's article in the Sun Sentinel 1/1/83 regarding time sharing. Tom Sliney said although we were one of the first in Palm Beach County to adopt a time sharing ordinance, he felt it was time to compare with other communities and perhaps reword some sections. This will be discussed at the Workshop meeting of January 25, 1983. (c) Commissioner Basso - Commissioner Basso discussed the law suit recently filed against four members of the Community Appearance Board by the Milani Co. and suggested the Town be responsible and retain counsel for these people. Mr. Sliney explained that when he knew the suit was served, he asked Mrs. Roberts to notify Risk Management and Midland Insurance, our insurance carriers. Risk Management retained the firm of Flemming, O'Brien and Flemming. A Mr. Roberts of this firm will be in charge of the case. • Town of Highland Beach Town Commission Regular Meeting January 4, 1983 Page 5 of 10 (d) Commissioner Edward J. Sullivan - Commissioner Sullivan said he is still receiving complaint telephone calls about the deportment of some people working for the Town, however, Mrs. Roberts is handling the situation. He also spoke of the abominable condition of the beach and felt the Town should do something about it. After some discussion, it was decided to put this item on the Workshop meeting for January 25, 1983. (e) Commissioner Walker - Commissioner Walker. mentioned a Florida League of Cities memo which stated that receipts from building permits should be used to support the Building Department only. Mrs. Roberts encouraged the Commission to attend a meeting on January 12th in Fort Lauderdale at the City Hall. This is the only Public Hearing scheduled in our area. Commissioner Walker also mentioned that the Florida Secretary of State is appealing the Florida Homestead Exemption decision. • 9. Reports - Town Attorney Mr. Sliney said he will coordinate with Mr. Roberts and get a response in by the 20th of January regarding the suit against the Town and CAB members. He is also working on the business regulation matter brought up by Commissioner Basso and on the feasibility of terminating business activities after a certain period of time. He is also checking into the News rack Ordinance. This could possibly be handled from a safety standpoint. Mr. Sliney advised concerning the sale of the Massengill-Moore property. About the middle of last month they were ready to go to contract and a snag developed. There was no closing because of a lien against the property. 10. Reports - Town Manager Mrs. Roberts reported that the Massengill-Moore developers .are on schedule according to the Agreement and they have 6 months more to finish the interiors of buildings. Mrs. Roberts reported that she had received a letter from Attorney Gaylord Wood, representing Mrs. Walker (Property Appraiser) concerning the Hoffman RPUD property. The letter r Town of Highland Beach Town Commission Regular Meeting January 4, 1983 Page 6 of 10 will be reviewed by Tom Sliney. Mrs. Roberts said their present taxes are $13,500 and if their assessment is lowered the Town will be affected. Mrs. Roberts attended meetings this month with Developers, Boards & Committees, Ad hoc Committee on Sewers, City Managers and Staff. She received correspondence from the Palm Beach Legislative Delegation and urged the Commission to attend a meeting on January 26th at Boca Raton. Mrs. Roberts also received a letter yesterday, dated December 10th which was an important release regarding General Revenue Sharing renewal efforts. They request City Officials to write to Congress, the President and members of Committees to let them know their feelings on General Revenue Sharing. Commissioner Basso suggested that Mrs. Roberts check to find out if legislation was passed or not. It was the general consensus that if not yet passed, Mrs. Roberts send a letter urging that it be retained. Mrs. Roberts received a complimentary letter re the Post Office employees and read a complimentary letter re Sgt. Maher from Frances Briggs. (copy attached) Mrs. Roberts reported that Del Trail Fire District had returned the Rescue vehicle, donated by Highland Beach in 1979, on December 29, 1982. It is parked behind Town Hall and the disposition of this vehicle will be discussed at the January 25, 1983 Workshop meeting. A letter was sent by Mrs. Roberts to Delray Beach Finance Department clarifying billing and credits. A notice was sent with last month's water billing as required by the Health Department because the sample point at Boaa Hi Guard House (hose bib) showed contamination. This sample point will no longer be used. Mrs. Roberts received confirmation that the Town will be receiving $25,000 from the County for widening of the bike path. Commissioner Sullivan complimented Commissioner Basso and Mrs. Roberts for their efforts toward receiving this County money. ~ ~ ~ Town of Highland Beach Town Commission • Regular Meeting January 4, 1983 Page 7 of 10 Mrs. Roberts mentioned the December issue of Datagram which reported a Citizen Committee reviewing the trans- portation needs of the State of Florida. She requested the Commission to check this article and advise her of their wishes. The Christmas decorations will be removed and Commissioner Basso expressed his wish that next year a Committee be formed perhaps in September to arrange for larger, colored lights and a more elegant display. He also complimented Ambassadors South and the Monterey House on their Christmas display. Mrs. Roberts received three quotes for the repair of the Police Department and Fire Station roof - $985.00 from B & C roofing was low bid. MOTION was made by Commissioner Basso/Vice Mayor Blosser to approve the $985.00 bid. All agreed. Building Department The 14th revision of the Building status in Town has been distributed. A letter was sent to Mr. Delaney (Evanton Baye) from Fran Hamzik, Building Official. The temporary C.O. was extended 60 days and we are retaining $1,500 or 10% of the bond. A citation was issued which is considered a first offense. At the end of 60 days if the work is not finished, he will receive a citation for every day as a separate offense. He must also go to the CAB for final approval. A letter was also sent to Mr. Gostfrand (4520) South of Boca Cove advising him to stop using his construction trailer as a sales office and to stop flying unauthorized flags. Finance and Internal Audit Departments Mrs. Roberts reported that $309,359. had been received so far in Ad Valorem tax monies; $8,150. in Sales tax; $11,034 from Florida Power & Light for the month of October; and $310. from the Courts. r1 U Town of Highland Beach . Town Commission Regular Meeting January 4, 1983 Page 8 of 10 Police Department The Police Department recommended purchasing 45" wrap around rescue tubes C~ $37.50 each for each police car. After some discussion, the Commission decided to request a recommendation from the Police Committee on this matter. Mr. Ed Davis, resident, informed the Commission that his son and grandson were rescued this past week from the ocean. He suggested it is the responsibility of the Town of Highland Beach to find a solution. After some discussion, it was decided to include this item on the Workshop agenda for January 25, 1983. Town Clerk's Department Mrs. Roberts reported receiving the .changes in the Election laws for 1983 and stated she and the Deputy Town Clerks will ® work together on it. Public Utilities and Public Works Mrs. Roberts requested the expenditure of $1,150.00 for a check valve in the repump station next to Town Hall and MOTION was made by Commissioner Basso/Vice Mayor Blosser to approve this expenditure. All agreed. Joe Moss has been appointed Utility Director as of January 1, 1983. The night man, Peter Lyle, has been terminated (during his probation period) and replaced. Carl Howard's last day was December 30, 1982. 11. Items Left Over From Workshop Meeting, December 28, 1982 82.75 Police Committee Resolution - tabled. 82.76 Coronado Clubhouse Remodeling. Lots 96 & 97 East. Permit was issued on December 6, 1982 and • MOTION was made by Commissioner Sullivan/Basso to approve remodeling. All agreed. (Ref. Court Settlement re Coronado) Town of Highland Beach Town Commission Regular Meeting January 4, 1983 Page 9 of 10 82.95 Ordinance to prohibit amplified sounds outside enclosed buildings, amending Chapter 18-11 (14). After some discussion, it was decided to workshop this Ordinance - January 25, 1983. It was the consensus of the Commission that, in the future, Mrs. Roberts draw up the first draft of new Ordinances and have Mr. Sliney review them before presentation to the Commission . 82.96 Holiday Inn Law Suit. Mr. Sliney is researching the phasing out of business enterprises within the Town. This would include motels, Holiday Inn, etc. Commissioner Basso requested that this information be available for the next meeting so that a decision could be made whether or not to continue litigation. Discussed Under Town Commission Reports: 2. Proposed decision regarding Braemer Isle guard enclosure. The Town Commission asked Mrs. Roberts to write a letter to Tom Delaney of Braemer Isle advising that the Town Commission give them a 60 day extension to March 30, 1983; request a list of those bidding on job; get a starting date; request to be placed on the CAB agenda for approval; insist on a final completion date of September 1, 1983 or sooner. MOTION by Commissioner Basso/Vice Mayor Blosser approving the above letter.. All agreed. Mrs. Roberts advised that the Department of Transportation (as promised) had placed six red cones in the danger area at the Boca Hi North entrance. Mrs. Roberts mentioned receiving a letter today from DOT stating that they are planning to 3 lane AlA in FY 84-85 throughout the Town and then put in reflectors. This will • be further discussed at the next Workshop meeting on 1/25/83. ~. Town of Highland Beach Town Commission Regular Meeting January 4, 1983 Page 10 of 10 3. Proposed decision regarding Drexel petition. This petition was a request for permission to destroy one area of mangroves and revising the original petition. MOTION by Commissioner Basso/Vice Mayor Blosser that there be no mangrove destruction and that the original petition be honored. All in favor. BILLS FOR APPROVAL John D. Behnke, Inc. (Gasoline for Official Vehicles) $ 2,050.20 Dilworth, Paxson et al (Legal services 9/24/82 to 12/24/82) 15,307.60 J. Williams Pump Service, Inc. (Repairs Denver Lime Pump - WTP) 1,292.41 $ 18,650.21 • MOTION made by Commissioner Basso/Vice Mayor Blosser to approve payment. All in favor. MOTION made by Commissioner Basso/Vice Mayor Blosser to adjourn. All agreed. Time 3:45 P.M. APPROVED: ABSENT Louis Y. Horton, Mayor ATTEST: Deputy Town Clerk Date: ~~~-~...,~ ~, /9'~3 Mar Louise G. B ser, Vice Mayor hn Co i Toner Edwarc~.~.T. Su van, Commissioner Harry Wall~fer, Commissioner •