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1981.10.06_TC_Minutes_Regular• TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission Regular Meeting October 6, 1981 1:30 P. M. Mayor Horton called the Regular Meeting to order at 1:30 P.M. Those in attendance were: Mayor Louis Y. Horton, Vice Mayor Harold C. Storm and Commissioners John J. Basso and Edward J. Sullivan. Commissioner Mary Louise G. Blosser was absent. Also in attendance were: Elaine W. Roberts, Town Manager, Thomas E. Sliney, Town Attorney, and Jane E. Barker, Town Clerk. Police Chief Kenneth Jones was absent. Pledge of Allegiance Mayor Horton then asked for a moment o~ silent prayer in light of the tragic death this morning of President Anwar Sadat in Cairo. He asked for the Supreme Being of all of us to maintain • peace in the world. Approval of Minutes August 20, 1981 - Special Meeting August 25, 1981..- Workshop Meeting September 1, 1981 - Regular Meeting Mayor Horton stated that if there were no corrections or additions, the minutes would stand approved as distributed. Public ReCiuests and Comments - None Reports - Town Commission (a) Mayor Louis Y. Horton - Mayor Horton called upon Mr. Roy SiziAn, architect for the new Municipal Complex, to report on the new south driveway. Mr. Simon said that, although three bids had been requested, only one had been received. That one bid was from Hardrives, Inc. and was in the amount of $29,500. for the complete job. Mr. Simon stated that in re-working this, they came up with the suggestion of having two phases; the first phase costing $10,000. to construct s passable road and then later on, complete Phase II, in the amount of .$9,500., for a total ~, L~ Minutes Highland Beach Town Commission Regular Meeting October 6 , 1981 price of $19,500. ' Page 2 of 12 Commissioner Basso inquired as to why this had not been done prior to starting the new building and Mr. Simon informed him that it was going to be handled outside of Sandpiper's contract. MOTION by Commissioner Basso/Vice Mayor Storm that the Town should go ahead with Phase I. All Commissioners voted Aye. (b) Vice Mayor Harold C. Storm - Vice Mayor Storm reported that interest on earnings for the month of September amounted to $13,552.05. He further stated that the Financial Advisory Board suggested to him that, when working on matters such as took place last week concerning the police department salaries, they be given correct and accurate figures to work with. Mrs. Roberts will have final figures by Friday of this week. • (c) Commissioner John J. Basso - Commissioner Basso referred to the Greening Committee's presentation at the Special Meeting last week and thanked them for their outstanding work. He said that he would like to see more of a mixture of trees and flowering shrubs and that they be kept back more than eight feet from the bike path, since he felt that in a matter of time, the bike path would be eight feet wide. He also felt that a campaign should be started to raise money for this project. (d) Commissioner Mary Louise G. Blosser - Absent (e) Commissioner Edward J. Sullivan - Commissioner Sullivan reported that he had just returned from an enjoyable trip to the British Isles and that his report would be brief. He said that he wished to make comments about the police situation but he preferred to wait until Mr. Lowell Blum, Chairman of the Police Committee, made his report. He would also like to obtain information regarding the salt content in the Highland Beach water. Mrs. Roberts will provide him with this information. He also inquired as to whether Highland Beach was going to become involved in the Dual Taxation matter. Mayor Horton informed him that Town Counsel had been asked to check into this and Mr. Sliney stated that he anticipated this matter dragging on for years and he did not think it advisable for every municipality to get involved. Mayor Horton stated that the only way this affected us was the Minutes Highland Beach Town Commission Regular Meeting • October 6, 1981 Page 3 of 12 Sheriff's Road Patrol and Mrs. Roberts said that possibly the County could bill a municipality on an hourly basis whenever their services were needed. More discussion ensued and this matter will be followed up. Reports - Boards and Agencies of the Town (a) Board of Adjustment - There is one vacancy on this Board now with the possibility of William Wernecke resigning from this Board to become a member of the Planning Commission. Vice Mayor Storm suggested the name of Peggy McAlwee from his building (Penthouse Towers) for this Board. (b) Code Enforcement Board - This Board has one vacancy, however, there is nobody in mind at this time, Mayor Horton said. (c) Community Appearance Board - Mrs. Amelie Leng, Chairman of the Community Appearance Board, • addressed the Commission, speaking very highly of Mr. Frank Savino, who is interested in becoming a member of this Board_ MOTION by Vice Mayor Storm/Commissioner Sullivan that Mr. Frank Savino be appointed to the Community Appearance Board as Alternate #2 for a one year term ending October 6, 1982. Without objection, the MOTION carried. Mrs. Leng continued reporting for the Community Appearance Board saying that they had to turn down Braemer Isle's plans and she was sure the Town would be hearing from thmm. She also requested that turn off lanes be as short as possible and said that the CAB would like to be able to look at plans for turn off lanes as well as the landscaping plans. She spoke of the donation received for the Greening Committee, but said the Committee was hoping to receive the entire $7,500. from the Town as well. Mayor Horton informed her that this would be a start and it could be discussed further next Spring. Mrs. Leng also said she would like to see the answers to the questionnaires concerning the widening of AlA. Mrs. Roberts mentioned the matter of not having two people from • the same building on the same Board, but inquired as to whether two people from the same complex could serve. Mayor Horton said this would be a logical step. Minutes Highland Beach Town Commission • Regular Meeting October 6, 1981 Page 4 of 12 (d) Financial Advisory Board - Vice Mayor Storm had. already given the report for this Board. (e) Housing Board of Adjustment & Appeals - Mrs. Roberts announced that this Board would be meeting the last week in October. They still have one vacancy. (f) Planning Commission - Mayor Horton stated that a memo from the Planning Commission recommended that Mr. William Wernecke be appointed as Alternate #1 and Mr. Irving Saunders as Alternate #2 to the Planning Commission. MOTION by Vice Mayor Storm/Commissioner Sullivan that Mr. Wernecke be appointed Alternate #1 for a period of .two years, with his term ending October 6, 1983; and Mr. Saunders be appointed as Alternate #2 for one year, with his term ending October 6, 1982. Without objection, the Mayor said, So Ordered. . Mrs. Roberts stated that the Planning Commission held a Workshop Meeting last Thursday when Mrs. Roberts and Mr. Sliney provided a considerable amount of history on zoning codes to the members of the Board. She stated that a preliminary public hearing will be held on October 14, 1981. (g) Police Committee - Mr. Lowell Blum, Chairman of the Police Committee, reported that there is a vacancy on this Committee since Dr. Sonking has resigned. He also made a minor correction in that Mr. Sennett, a member of this Board, had been in favor of the pay raise for the patrolmen, not against it. Mr. Blum further stated that the Board unanimously recommended Sgt. Cecere be appointed as Lieutenant. They did not recommend any one for the Sergeant's position. Mayor Horton said .that he wanted to have a joint meeting of the Police Committee and the Town Commission to discuss a number of items. October 19, 1981 at 2:30 P.M. was set for a Special Meeting of-the Town Commission to meet jointly with the Police Committee. MOTION by Commissioner S~,xllivan/Vice Mayor Storm that Sgt. Cecere be • appointed as Lieutenant of the Highland Beach Police Force retroactive to the first of October, 1981. All Commissioners voted Aye. MOTION by Vice Mayor Storm/Commissioner Sullivan that Dr. Sonking's letter of resignation dated August 31, 1981 be accepted with regret. All Commissioners voted Aye. Minutes Highland Beach Town Commission • Regular Meeting October 6, 1981 Page 5 of 12 At this time Mr. Donald Wilson's letter of resignation from the Metropolitan Planning Organization & Transportation was read for the record. MOTION by Vice Mayor Storm/Commissioner Basso that Mr. Wilson's letter of resignation be accepted with regret. Without objection, so ordered, Mayor Horton said. Items Left Over from the Workshop Meeting of September 29, 1981 81.50 (b) Proposed Ordinance No. - An ordinance of the Town of Highland Beach, Florida, authorizing the Southern Bell Telephone and Telegraph Company to use the public streets of the Town of Highland Beach, Florida for the purpose of erecting, constructing, maintraining and operating lines of telephone and telegraph thereon and thereunder. Mayor Horton started the reading of this proposed ordinance in full with Attorney Sliney finishing it. Franchise ordinances • must be read in full two times. This proposed ordinance will have a second (final) reading and possible adoption at the Regular Meeting of the Town Commission on November 3, 1981. Mr. William Burson, District Manager of Southern Bell Telephone Company, then addressed the Commission regarding the listiny~ of Highland Beach in their new telephone directories. He requested that the telephone company be allowed to print "portions of Highland Beach" on the cover for the first year only and after that, the cover will show "including Highland Beach". 81.63 Le Concorde Seawall Mr. Hamzik, Building Official, brought the Commission up to~date on the subject item, first stating that neither Mr. Red Taylor from the Bureau of Beaches and Shores nor representatives from the Department of Natural Resources could be in attendance at today's meeting. Originally, Mr. Hamzik said, in Decemb~ made by the Owners of Lots 89, 87, 86, temporary revetment, to be replaced by • within the year. This was approved by as the Department of Natural Resources ~r 1978, a request was 83, 82, 81 and 78 for a a permanent revetment the Town Commission as well for a 360 foot seawall. In the meantime, two property owners changed their minds and now approval is being sought for a seawall only 192 feet long, by Le Concorde. Minutes Highland Beach Town Commission Regular Meeting • October 6, 1981 Page 6 of 12 Much discussion took place with Mr. Mike Walther from Strock Engineering explaining in detail just how this would affect the properties on either side. Mr. Walther stated that neither Mr. Boss nor Mr. Johnson objected to this shortest length of seawall,, and Mayor Horton requested copies of their letters saying this. After further talk, Mayor Horton asked whether Mr. Red Taylor and the representative from the Department of Natural Resources could attend a special meeting of the Town Commission on October 19, 1981 in order to get their expert opinions on this matter. If so, this item will be postponed until then. A letter from Mr. William Paul, a resident of Boca Cove, dated October 4, 1981 was read into the record. Mayor Horton said there were no reports from either the Metropolitan Planning Organization or the South Florida Water Management District. Reports - Town Attorney • Mr. Sliney reported that there was some activity on the Massengill- Moore matter which might be beneficial to the Town. There is a possibility that the amount of the lien may be reduced and this will put Mr. Novelli into the position of being able to bond off. Mr. Sliney further reported on the Planning Commission Workshop Meeting and the preliminary public hearing they will be holding, hopefully to receive input and recommendations from the Town prior to holding the Public Hearings on zoning. Mr. Sliney also recommended from Gee & Jenson to extend work on the comprehensive p felt that their performance months; otherwise, the Town on for a year. that the Town accept the proposal their agreement to finish their lan and zoning changes. He also time should be eut to about six would have to keep the Moratorium He also requested that they do not represent any developers in Town as long as they are working with the Town. Mr. Sliney then stated that he felt more work should be done on the mangrove ordinance and that it should be Workshopped. • It was also decided that the Gee and Jenson proposal would be discussed further at the Special Meeting on October 19, 1981 with possible action being taken then. • Minutes Highland Beach Town Commission Regular Meeting October 6, 1981 Page 7 of 12 Reports - Town Manager Mrs. Roberts reported that the Palm Beach County Municipal League met on September 17th in Lake Park. Dr. Gilbert Weiss attended with her and made his presentation regarding certification of restaurant workers. The Treasure Coast Regional Planning Council will be meeting on October 16th in Stuart. Mrs. Roberts reported that Marilyn Zarcone, Secretary, attended the funeral of Mrs. Harold Johnson, a long time resident of Highland Beach, and the wife of a former Commissioner. Mrs. Roberts held meetings during the month of September with Victor Pujals of Camp, Dresser & McKee; the Greening Committee; Boca Cove representatives regarding 4520 Development Corporation; Gulfstream Bank representatives; the Financial Advisory Board; Planning Commission; Community Appearance Board; and stated that at the last Safety Committee meeting, representatives from the insurance company spoke to the entire staff. • Mrs. Roberts said that correspondence had been received from the Barsumians who conducted the Turtle Watch Program; a letter from the University of Florida giving the population figure for Highland Beach as 2065 as of last April. Mrs. Roberts stated that she had challenged this figure. She and Mayor Horton will look into this matter further. Mrs. Roberts stated that a copy of the Sunshine Law had been received from the Department of Legal Affairs; 457 questionnaires have been returned; and a copy of Del Trail's rescue calls has been received. Mrs. Roberts then reported on the following departments: Building - Tony Abbate has now been appointed the Building Inspector effective October 1, 1981. Certificates of Occupancy were issued for Trafalger - three Townhouses on the west side of AlA and the units on the ocean; a temporary Certificate of Occupancy for Beachwalk East for forty-three units and a building permit was was issued for the new building next door. The roof is to be started next week. • Finance - Mrs. Roberts said that Vice Mayor Storm has already reported the investment earnings; almost $11,000. was received from .Florida power & Light and $2,027. from Southern Bell. The preliminary audit has been started, she said, and it is hoped that the audit report will be forthcoming sooner this year. Minutes Highland Beach Town Commission • Regular Meeting October 6, 1981 Page 8 of 12 Health - Dr. Harry Weiss did an inspection at the Holiday Inn and will continue to do so every month. Maintenance - Mrs. Roberts informed the Commission that she would like their approval to have a Grade I maintenance man. There is presently a Grade V and a Grade II (Michael & Larry) and Eddie, the third man, has been working since May, but on an hourly basis. Now, Mrs. Roberts said, she would like to have him on the payroll. Vice Mayor Storm asked why the need for an additional man and Mrs. Roberts explained that there is at least two days' work every week at the Water Plant. Also, there have been many complaints about the bike path and it is now looking much better with the constant cleaning that it is getting. Discussion took place about various properties in Town such as Tal-Mason and Ridgely; the valves and fittings that are laying on the ground by the water tower, left from Lauderdale • Contracting; and the trash from the installatimn of the Cable TV, which will be cleaned up. The consensus of the Commission was to have Mrs. Roberts set up a Grade I position in the Maintenance Department. Police - Mrs. Roberts said that the monthly report had been received. There were no questions. Mrs. Roberts attended the C.D.C.meeting this morning where the 911 Cooperative Agreement was discussed. The 911 number should be in effect 33y December 15, 1981. Mrs. Roberts stated that she would be meeting with fhe men in the police department on Wednesday, October 7th, at 3:00 P.M. Town Clerk - New Voter Registration forms '}~~ve peen received and the new Florida State Statutes have been ordered. These are printed in the odd years. Public Works and Utilities Department - Mrs. Roberts reported that the water consumption was down in September to 21,000,000 gallons. She has had two quotes • from Earl Harvel: (1) for work at the Water Treatment Plant in the amount of $800.00 to construct and excavate for a new raw water meter, which was recommended by the engineers; and (2) for a storm drain that was broken on Russell Drive which will cost $ 1, 200. Minutes Highland Beach Town Commission • Regular Meeting October 6, 1981 Page 9 of 12 MOTION by_Commissioner Basso/Vice Mayor Storm that the above amounts be approved for payment to Earl Harvel. Without objection, the MOTION passed. Mrs. Roberts continued by saying that the bids for the sewer system will be opened on October 19, 1981 at 2:15 P.M. Items Left Over from the Workshop Meeting of September 29, 1981 81.57 Proposed Ordinance No. - An ordinance of the Town of Highland Beach, Florida, imposing assessment of costs involved in providing assistance in utility locations for new construction. This proposed ordinance was read by title only by the Town Clerk. This will come up for final reading and possible adoption at the Regular Meeting on November 3, 1981. 81.12 Arturo's Restaurant - This item can now be considered a • closed issue, Mayor Horton stated, as Arturo's is no longer interested in the abandonment of Appleby Street. Discussion took place as to whether Arturo's would take over Appleby Street and consider this as the north end of their property. Mrs. Roberts assured the Commission that the Town would still have their easement and their ingress and egress from U. S. 1. Mayor Horton indicated that there is a possibility of the Town buying this piece of property. The first thing to be determined though is whether Arturo's will be "abandoning the abandonment" and the Town can then go from there. 81.58 Letter from Moran Enterprises regarding Lot Number 124 West. Mayor Horton reviewed this item for the benefit of all which concerned a lot on the west side where a dock 180 feet in length was to be constructed. The owners had agreed not to sub-divide a 210 foot piece of land. Mayor Horton stated that the subject dock. has been abandoned and the owners now desire to sub-divide this parcel into two lots. Mayor Horton said that this was no problem as long as the dock was not going to be built. MOTION }~y Commissioner Basso/Commissioner Sullivan that we would approve • the subdivision of Lot 124 into two lots 105' each. Any dock would conform to our existing ordinance. Without objection, so ordered, Mayor Horton said. Minutes Highland Beach Town Commission • Regular Meeting October 6, 1981 Page 10 of 12 81.59 Proposed Tourist Tax - Mrs. Roberts reported that she had received a call from Mr. John Duvall, Assistant County Administrator, yesterday. Mr. Duvall informed Mrs. Roberts that he would mail her some literature on this matter and would be willing to come down and talk to the Commission. He also said that he hoped people would attend the Tourist Council meetings which will begin November 6th. 81.60 Request for Temporary C.O. Extension-Townhouses of Highland Beach Mayor Horton stated that Mr. Hamzik recommended granting an extension of 45 days for the landscaping of Lot 123 and a MOTION was made by Vice Mayor Storm/Commissioner Basso that this extension be granted until the middle of November. Without objection, so ordered. 81.61 Boca Inlet Tax District - Mrs. Roberts has already taken care of this matter. 81.62 Temporary C.O. bond and letter - Boca Hi - Mr. Slimy stated • that he really had nothing new on this matter and discussion took place regarding a limit for a cash bond and above that to be a surety bond of some sort in order that a developer would not be put in a position of having to put up over a million dollars to cover the completion of a huge project. 81.47 Gee and Jenson Transportation Report - The Commission referred to Mrs. Roberts' memo of today by each item. (1) Further plans to three-lane AlA will be dropped. (2) If a developer desires a turn off lane for his project, he will seek permission from the Town at that time. (3) Routine approval of Building Department for deceleration lanes. Mayor Horton suggested that directional arrows be placed on the deceleration lanes. Mrs. Roberts stated that she would like to see the Town Commission approve any applications to the Department of Transportation. Mayor Horton told Mrs. Roberts to give the Commission copies of anything like this with the recommendation of the Building Official. (4) Request for 35 mile an hour speed limit. Discussion took place • regarding this item with Commissioners Basso and Sullivan stating that the speed limit should be 35. Mrs. Roberts will write a letter to the DOT requesting this. (5) Mrs. Roberts will write a memo to the Planning Commission asking them to include the item of widening of arcs in the Minutes Highland Beach Town Commission • Regular Meeting October 6, 1981 Page 11 of 12 zoning code. The last item was the deceleration lane tapers being required on the site plan review. Commissioner Basso felt that flashing lights should be installed at the fire station and Mrs. Roberts will check with Del Trail on this matter. Commissioner Basso also thought that a flashing light should be installed at the south end of Town. Mayor Horton stated that there is still a sign at the south end of Town which the DOT was to have removed, but didn't, and Mayor Horton felt that Michael should remove this for fear the DOT would think the Town was disobeying their orders. Some of the items left over will be handled at the next Workshop Meeting. A proposal was received from Camp,Dresser & McKee, the Town's engineers, regarding Lift Stations 2, 4 and 5; one part having to do with general engineering services and the other would be for the resident inspector. $12,000. would cover the work and • $6,100. for the inspector. MOTION by Vice Mayor Storm and seconded by Commissioner Basso that these two proposals be approved. All Commissioners voted Aye. The convertible sick leave plan was discussed next at great length. It wad decided that five days must be left in the bank; no cash would be paid this year because of not allowing for it in the budget; a maximum of five days could be taken, not to be added to a vacation schedule; and approval must be given by the Town Manager and Town Commission. The Commission then discussed the four year salary schedule. Under this method, employees would reach their maximum salary in four years instead of five. MOTION by Vice Mayor Storm and seconded by Commissioner Basso that the salary schedule be converted from a five year plan to a four year plan. All Commissioners voted Aye. Mayor Horton then explained that three weeks vacation had been given after five years in the past and went along with the • maximum pay. If the salary schedule is being changed to four years, then the three weeks vacation should be altered to four years. MOTION by Vice Mayor Storm/Commissioner Sullivan that three weeks vacatia~~ Minutes Highland Beach Town Commission • Regular Meeting October 6, 1981 Page 12 of 12 be granted after four years. All Commissioners voted Aye. Mayor Horton said that he thought the appointment of the Lieutenant and Sergeant dould be made at this time, however, he said that the appointment of a Sergeant would be delayed until a recommendation was forthcoming from the Police Committee. He then stated that the Lieutenant's position had already been appointed retraactive to October 1, 1981. Bills for Approval Mrs. Roberts presented the bills for approval. MOTION by Commissioner Basso/Vice Mayor Storm that the bills be approved for payment. All Commissioners voted Aye. Meeting ADJOURNED at 4:55 P.M. • APPROVED:. Loui ~ Horton, Mayor Harold ,~ yS~torm,~ V,~ce Mayor Johfi SY. Basso; Commissioner Absent) Mary ATTEST: Edward J. } To Clerk Dated: October 26, 1981 ser, Commissioner livan, Commissioner ~J Minutes Highland Beach Town Commission • Regular Meeting October 6, 1981 Page 12 of 12 be granted after four years. All Commissioners voted Aye. Mayor Horton said that he thought the appointment of the Lieutenant and Sergeant ~©uld be made at this time, however, he said that the appointment of a Sergeant would be delayed until a recommendation was forthcoming from the Police Committee. He then stated that the Lieutenant's position had already been appointed retraactive to October 1, 1981. Bills for Approval Mrs. Roberts presented the bills for approval. MOTION by Commissioner Basso/Vice Mayor Storm that the bills be approved for payment. All Commissioners voted Aye. Meeting ADJOURNED at 4:55 P.M. • APPROVED - . ~ snJ Loui Horton, Mayor Harold ~ S~torm,~ V,}ce Mayor Johfi ~. Basst~; Commissioner (Absent) ' Mary,.-Hose G, losser, Commissioner ATTEST: Edward J. 3 ,.~~~ To Clerk Dated: October 26, 1981 livan, Commissioner •