1981.07.07_TC_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA
• Minutes of Meeting of Town Commission
Regular Meeting
July 7, 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, Mary Louise G. Blosser and Edward J.
Sullivan. Also in attendance were: Elaine W. Roberts, Town Manager;
Thomas E. Sliney, Town Attorney; Police Chief Kenneth Jones and Jane E.
Barker, Town. Clerk.
Pledge of Allegiance
Approval of Minutes
May 15, 1981 - Special Meeting
May 20, 1981 - Special Meeting
May 26, 1981 - Workshop Meeting
June 2, 1981 - Regular Meeting
June 11, 1981 - Special Meeting
• MOTION by Commissioner Basso/Vice Mayor Storm that the minutes be
approved as written. Without objection, so ordered, Mayor Horton said.
At this point, Commissioner Blosser called ex-Commissioner
Peter J. Genovese "front and center" where she presented
him with Resolution No. 419, suitably framed, honoring him
for his service to the Town. She also presented him a
Certificate from Boston University citing his fifty (50)
years as an attorney.
Ex-Commissioner Genovese thanked everyone and stated he had
lived two full lives - one up north and the other cane in
Highland Beach.
Public Requests and Comments
Mr. M. H. W. Dent, a Town resident, spoke of the trees outside
the Bel Lido entrance. Commissioner Basso mentioned the broken
bench at the entrance and Mr. Dent stated that $55.00 would be
deducted from the amount of the bill when payment was made.
Reports - Town Commission
• (a) Mayor Louis Y. Horton - No report.
(b) Vice Mayor Harold C. Storm - Vice Mayor Storm said that he
would be attending the "208"
Committee Meeting on Wednesday, July 8, 1981. He stated that
Minutes Highland Beach
Town Commission
. Regular Meeting
July 7, 1981 Page 2 of 12
inasmuch as it had rained for many
the mountains, they came home early
also said that in the month of June
to $15,766.53 which would certainly
Complex. There will be a Financial
Friday, July 17th at 9:30 A. M.
tours while they w~ e in
from their vacation. He
earnings on interest amounted
help with the new Municipal
Advisory Board meeting on
(c) Commissioner John J. Basso - Commissioner Basso stated that
he felt that Gee and Jenson,
Planning Consultants, should study the future density of the Town
very carefully and make sure that there would be sufficient Ovate r
for the future needs. He suggested that an Emergency Moratorium
Ordinance be passed prohibiting any new building in Town.
(d) Commissioner Mary Louise G. Blosser - Commissioner Blosser
reported that she will
be reviewing the proposed Building Department budget with Mrs.
Roberts this month; that Tony Abbate had been hire as a Code
Enforcement Officer in the Building Department; and the progress
that the "Friends of the Library" was making.
• (e) Commissioner Edward J. Sullivan - Commissioner Sullivan said
that his special area of
interest was to study the employee sitruation and that Helen
Carpenter, Deputy Town Clerk, had resigned and was not being
replaced. He, too, reported on Tony Abbate being hired as a
Code Enforcement Officer, and that he was glad to know that he
lived in Highland Beach. Commissioner Sullivan also spoke of
the upcoming meeting with Mrs. Roberts, Mr. Sliney, Mrs. Barker
and himself regarding the length of the Commission Meetings and
suggestions as to how they could be shortened.
Reports - Board and Agencies of the Town
(a) Board of Adjustment - Mrs. Roberts re'.
Adjustment held
on Monday, July 6, 1981 and Mr. Levine had
resignation from this Board. A resume had
Edward A. Davis of Dalton Place, who would
Board and a
ported that the Board of
their Quarterly Meeting
submitted his
been received from Mr.
like to serve on this
MOTION was made by Vice Mayor Storm/Commissioner Sullivan that Mr.
• Lester Levine's resignation be accepted with regrets, Mr. Albert
Kohler be appointed as a Regular Member to fill Mr. E. E. Aldrich's un-
expired term until November 1982 and that Mr. Edward A. Davis be
appointed as Alternate #1 for a one year term ending in July of 1982.
The MOTION passed unanimously.
` Minutes Highland Beach
Town Commission
Regular Meeting
July 7, 1981 Page 3 of 12
•
(b) Code Enforcement Board - Mrs. Roberts stated that Mr. Robert
Myers will be recommended to this
Board at their next meeting on July 22, 1981. Mrs. Roberts also
said that this Board has been very busy and they are still having
problems with the Massengill-Moore matter.
(c) Community Appearance Board - Mrs. Roberts said that the term
of Mr. Gilbert Lorenz expires
in August 1981 and he had expressed his desire to be reappointed.
MOTION by Commissioner Sullivan/Commissioner Basso that Mr. Gilbert
be ..reappointed to the Community Appearance Board as a Regular Member
for a term of two years ending in August 1983. All Commissioners
voted Aye.
(d) Financial Advisory. Board - No report.
(e) Housing Board of Adjustments and Appeals - Mrs. Roberts stated
that an ordinance
has been drawn up changing the number of regular members on this
Board from five to three and limiting the terms of alternate
• members to one year instead of two years. She said she will also
contact people who might be interested in serving on the Board.
(f) Planning Commission - Mrs. Roberts said that a resume had been
received from a resident of Ambassadors
South who was interested in serving on this Board.
(g) Police Committee - This Committee met on Monday, July 6, 1981
and came to the conclusion that there was
not enough difference in salaries between the Chief and the
Lieutenant.
Reports - Representatives Re:
(a) Metropolitan Ping. Organization Transporation (Don Wilson)
Mr. Wilson reported that he had attended the MPO meeting on
June 16th which covered transporation for the handicapped and
elderly. The meeting for July was cancelled.
(b) So. Florida Water Management District - Mayor Horton reported
that Lake Okeechobee
• was at its lowest level ever, thus necessitating the continuation
of the 10/ cutback in water usage. He urged that everyone "spread
the gospel" regarding the conservation of water inasmuch as it
' Minutes Highland Beach
Town Commission
Regular Meeting
• July 7, 1981 Page 4 of 12
affects everyone living in South Florida.
Reports - Town Attorney
Mr. Sliney said that he had reviewed the correspondence
between Mrs. Roberts and Mr. Richard Romanoff, President
of the Dalton Place Condominium Association, and said that
the Town was in a position to make a final disposition of
the matter at this time. Mr. Sliney suggested adopting a
compromise proposal and issue the Certificate of Occupancy
which would allow Dalton Place to proceed with some changes
they desired to make.
Much discussion took place regarding this matter with Mr.
Jay Reynolds of Reynolds & Reynolds Law Firm., who represents
the unit owners at Dalton Place, stating that he agreed with
Mr. Sliney in that a compromise should be reached.
A MOTION was made by Commissioner Sullivan and seconded by Commissioner
Blosser that Mr. Sliney's recommendation dated May 22nd be adopted.
• Before calling for the vote on this MOTION, Mayor Horton
explained that he would go along with this MOTION inasmuch
as any problem such as this would be covered in the future
by the Zoning Code.
The MOTION carried four to one with Vice Mayor Storm voting Nay.
Mr. Sliney continued
a lot of time on the
would be receiving a
He also said that he
Ordinance to the Comp
the Charter covering
with his report stating that he has spent
Massengill-Moore matter and the Commission
letter summarizing the situation shortly.
had delivered the Emergency Moratorium
nission today as well as an amendment to
elections.
Reports - Town Manager
Mrs. Roberts reported that the Palm Beach County Municipal
League held their June meeting in Lake Clarke Shores with
the July meeting to be held on Thursday, July 16th in
North Palm Beach. This will be a dinner meeting at the
North Palm Beach Country Club, with the dinner costing
$12.00 per person, and Mr. Ray Sittig, Executive Director
• of the Florida League of Cities, will be the speaker.
The Treasure Coast Regional Planning Council will be meeting
in Stuart. Other meetings that Mrs. Roberts attended were:
the C.D.C.: the Turtle Group; the Planning Consultants; the
' Mihutes Highland Beach
Town Commission
Regular Meeting
• July 7, 1981 Page 5 of 12
Greening Committee; Friends of the Library; the Safety
Com~ittee; the Hurricane Seminar; City Managers' Conference;
Engineers; County Sanitation representatives and prospective
buyers for property in the Town.
Mrs. Roberts told of correspondence received from: The
Department of Environmental Regulation and Corps of Army
Engineers regarding Coronado. Commissioner Blosser queried
this item wondering if action had to be taken today inas-
much as she wanted to study it further. Mrs. Roberts explained
that the Town Commission's comments had to be in by July 29th
and it was decided to hold a Special Meeting in conjunction
with the Workshop Meeting July 28th and then wire the comments.
Mrs. Roberts reported further on correspondence: Department
of Community Affairs; and Midland Insurance Company regarding
the Regency lawsuit. Mrs. Roberts said the suit has been
settled and she would need action from the Commission to pay
the $750.00 deductible.
MOTION by Vice Mayor Storm/Commissioner Basso that this payment be made.
• All Commissioners voted AYE.
A letter was recieved from Mr. Milani's attorney; notification
from Robert Horey, Court Administrator, who stated that the
Florida Statutes have been amended to allow municipalities
to increase the assessment for the Municipal Police Academy
from $1.00 to $2.00 per fine. After Mrs. Roberts explained
this for the benefit of all, the consensus of the Commission
was to go along with increasing the municipal rebate to $2.00.
Mrs. Roberts told of a letter from Jim Watt, Representative,
who will be making visits to various municipalities and he was
desirous of knowing when it would be convenient to visit Highland
Beach. Commissioner Sullivan asked Mrs. Roberts to inform
Representative Watt that the Commission was vitally interested
in the legislation just passed .concerning Time-Share Resorts.
It was decided to give Representative Watt his choice of appearing
at the Commission meeting on either July 28th or August 4th.
Discussion then took place regarding the Highland Beach Cable TV.
Mrs. Roberts stated she was having a meeting with the Planning
Consultants on Monday, July 13th and she would be very happy
• for Commission members to sit in on it.
She reported that the Legislation action report had been placed
on the Clipboard, a demonstration of the new Thumper was held in
Town Hall and the Linton Avenue Bridge dedication was held in June.
` Mifiutes Highland Beach
Town Commission
Regular Meeting
• July 7, 1981
Page 6 of 12
Mrs. Roberts reported on the following departments:
Building - Mrs. Roberts stated that Certificates of Occupany
have been given to Parker Highland; Trafalga West
was given a temporary C/O for three Townhouses; a building
permit was. re-issued for the York Group; the slab permit for
Highland Beach Cable TV dish was issued; a temporary C/O was
issued for the building across the street from the Bel Lido
entrance. She also said that the eighth revision of the
building status in Town was given to the Commission as well
as the dwelling unit count list.
Finance - Mrs. Roberts said that a rebate of $59.94 was
received for an underground gas tank at the water
plant. Tax monies received showed an excess of $3,771 over
what was-budgeted. -The Road and Bridge money received was in
excess of $4,116 over what was budgeted. The franchise check
from Florida Power & Light for June was in the amount of $6,655;
court funds amounted to $2,457; and the preliminary assessed
valuation has increased from $124,816,000 to $174,951,000.00.
A bond issue payment was made in the amount of $60,312.50
• at the end of June, for the 1979 Bond Issue due July 1st.
Maintenance - Mrs. Roberts reported that Eddie Quince,.
recently hired for part-time work is now
working full time.
Health - Mrs. Roberts reported that Dr. Gilbert Weiss urged
that an ordinance be passed requiring certification
of restaurant workers..
Town Clerk - Mrs. Roberts said that the Town Clerk has been
gathering information regarding agendas; she
attended a Seminar last week on Word Processing and will be
going to various offices that have Word Processing machines.
Police - There were no questions regarding the Monthly Folice
Report. Mrs. Roberts said that the Chief had attended
a Hurricane Seminar last week in Boca Raton. Chief Jones suggested
as a shelter, Town Residents use Bibletown in case they need to
evacuate during a Hurricane. Mrs. Roberts reported on a C.D.C.
meeting she had attended this morning.
• Water - Mrs. Roberts reported that the water consumption for
the six months' period was - treated water - 161,769,000
gallons while raw water was 175,904,000 gallons. An inspection
was made at the water plant by Risk Man agement Insurance Inspectors.
' Minutes Highland Beach
Town Commission
Regular Meeting
• July 7, 1981
Page 7 of 12
Sewer - Mrs. Roberts said that the sewer extension that
was built at the north end of Town has been
approved by Geotec Lab and test-wise by the engineers.
Mayor Horton noted that the President of the Friends of the
Highland Beach Library was in attendance and she mentioned that
funding was needed. Mayor Horton stated that the Town had
full intentions of underwriting the Library in order for them
to get started and
a MOTION was made by Commissioner Blosser and seconded by Commissioner
Sullivan that $5,000 be appropriated for underwiting the formation
expenses of Friends of the Library. All Commissioners voted AYE.
Proposed Ordinances
(a) Proposed Ordinance NO. Amending Chapter 7, Section 20,
entitled "Construction sites:
parking, storage and/or clearing premises".
This proposed ordinance was read by title only by the Town Clerk.
• This will come up 'for possible adoption at the August 4 Regular
Meeting.
(b) Proposed Ordinance No. An Ordinance of the Town
of Highland Beach, Florida,
amending Ordinance 228 as regards RPUD-2, OLIVER-
HOFFMAN CORP., TOWN LOTS NOS. 59,60,62,65,69 and 70."
This ordinance was read in full by the Town Clerk.
MOTION by Commissioner Basso/Vice Mayor Storm that this ordinance be
adopted. In polling the Commission, the vote was as follows: Commissione
Sullivan - Aye; Commissioner Blosser - No; Mayor Horton - Aye; Vice Mayor
Storm - Aye; Commissioner Basso - Aye. The MOTION passed four to one.
(c) Proposed Ordinance No. "Amending Chapter 29, entitled
"Water Syster", Section 29-11,
"Billing dates, Delinquent bills, Disconnections".
This proposed ordinance was read by title only by the Town Clerk.
(d) Proposed Ordinance No. Amending Chapter 134, Section
• 13~-2, entitled "Housing Board
of Adjustments and Appeals Established, Terms of Members,
Jursidiction".
This proposed ordinance was read by title only by the Town Clerk.
•
' Minutes Highland Beach
Town Commission
Regular Meeting
July 7, 1981
Page 8 of 12
(e) Proposed Ordinance No. Amending Chapter 11, entitled
"Garbage and Trash Disposal",
adding a new Section 11-13.
This proposed ordinance was read by title only by the Town Clerk.
(f) Proposed Ordinance No. Amending Section 1.06 (5j
of the Charter, pertaining
to Residency Requirement for Eligibility for Election
or Appointment as a Town Commissioner.
This proposed ordinance was read by title only by the Town Clerk.
•
(g) Proposed Emergency Ordinance No. 416 AN EMERGENCY ORDINANCE
OF THE TOWN OF HIGHLAND
BEACH TO BE DESIGNATED AS THE PARTIAL BUILDING PERMIT MORATORIUM
ORDINANCE: RELATING TO SUSPENSION OF APPLICATIONS FOR BUILDING
PERMITS FOR NEW CONSTRUCTION AND THE ISSUANCE THEREOF; MAKING
LEGISLATIVE FINDINGS OF FACT; DECLARING THE LEGISLATIVE INTENT
AND PURPOSE OF THIS ACT; DECLARING A 60-DAY MORATORIUM ON
APPLICATIONS FOR AND ISSUANCE OF BUILDING PERMITS FOR NEW
CONSTRUCTION; DECLARING AN EMERGENCY; AND,PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE".
This proposed ordinance was read in full by Mr. Sliney.
MOTION by Commissioner Basso/Commissioner Sullivan that the ordinance
as read be adopted. In polling the Commission, the vote was as follows:
Mayor Horton - Aye, Vice Mayor Storm - Aye; Commissioner Basso - Aye;
Commissioner Blosser - Aye-and Commissioner Sullivan - Aye. The vote
was unanimous.
Mrs. Roberts spoke of Resolution No. 422 that needed to be
passed by the Commission to setup a bank account for the
sewer connection fee fund. Being a corporate Resolution,
it was not necessary to read it in full.
L~
MOTION by Commissioner Basso/Commissioner Sullivan that this account
be opened for the .purpose as stated. All Commissioners voted Aye.
At this point Mrs. Roberts requested that air conditioning be
discussed. The staff had given Mrs. Roberts a memo on Judy 6th
regarding the ineffective air conditioning which Mrs. Roberts
had passed on to the Commission. Discussion took place for quite
sometime with Commissioner Basso saying that something should
be done now and not in a month's time; Vice Mayor Storm stating
that this condition has been going on for two or three years
and should be corrected and Mayor Horton stating that he has
worked in 85° and 90° temperatures. in the past, before air
conditioning.
•
Minutes Highland Beach
Town Commission
Regular Meeting
July 7,,1981
Page 9 of 12
Mrs. Roberts stated that she would not care to arrive at work
some morning with no staff in attendance with Mayor Horton
answering that the employees might find their jobs in jeopardy
if this happened. In conclusion, Mayor Horton stated that he and
Mrs. Roberts would try and arrange to have new air conditioning
units installed on a piece-meal basis without interferring with
the present system. These new units would then take care of the
existing building after the remodeling was completed. They would
arrange to have this accomplished just as soon as possible, if
this met with the Commission's approval, which it did.
Items left over from the Special Meeting of June 30, 198 1
Mrs. Roberts reported that she .had received in writing
information that the County Commission does not have title
to the FIND Parcel MSA 655-A. This has to do with Oliver
Hoffmann RPUD and the dredging of the Intracoastal.
Mrs. Roberts then stated that Mr. Silvestri had been
notified of his appointment as a new police officer
and will start work during the week of July 13th.
•
Mr. Sliney said that he had no objections to signing the
contract for the new Municipal Complex provided that it is
spelled out that Sandpiper Construction will furnish a
performance bond in the full amount of the job.
Mayor Horton said that he wanted to make certain that copper
tubing for the air conditioning system was included in the
contract. This will cost an additional $4,200.00 and Mayor
Horton felt that a MOTION should be made to this effect.
MOTION by Vice Mayor Storm/Commissioner Basso that an addendum be made
to the contract covering the $4,200.00 additional expenditure which
had not yet been officially approved. Without objection, the MOTION
passed.
Mr. Sliney again stated that he wanted to be sure the matter of the
performance bond was spelled out in the contract and just as soon as
he checks this item out, it will be available for the Mayor's signature.
Items left over from the Worksho Meeting June 30, 1981
•
81.34 Police Lieutenant Job Description
Mrs. Roberts said that she had gone over this item with the
Police Committee on July 6th and it met with their approval.
The next matter to be taken care of by the Police Committee
will be approving the Sargeant's job description revision.
Minutes Highland Beach
Town Commission
Regular Meeting
July 7, 1981
Page 10 of 12
MOTION by Vice Mayor Storm/Commissioner Basso that the Police
Lieutenant's Job Description be approved as distributed. MOTION
passed with no objection.
81.37 Proposal from Kelly Tractor for maintenance contract
of Water Plant enerators
Mrs. Roberts stated that she had requested the names of othe r
firms from the engineers for this work, however, the engineers
recommended that the Town stay with Kelly Tractor inasmuch as
they are the only firm that will perform all the services checked.
MOTION by Commissioner Basso/Commissioner Sullivan that the proposed
contract with Kelly Tractor for maintenance inspections be approved.
All Commissioners voted Aye.
81.38 Ordinance re: Mangrove Protection
Mrs. Roberts informed the Commission that the County Commission
had a First Reading on this ordinance and it would probably be
passed on August 4, 1981.
ADDITIONAL
a) Maravilla - Mrs. Roberts stated that the developers would be
appearing before the Planning Commission on July
8, 1981, re: the east side plat.
b) Proposal for 1980-81 Audit
Mayor Horton said that a letter had been received from Nowlen,
Stewart, Tedamonson & Holt, Auditing Firm, dated May 21, 1981
stating the cost for the audit would be $11,.000.00.
MOTION by Vice Mayor Storm/Commissioner Blosser that the contract with
Nowlen, Stewart, Tedamonson & Holt be approved. All Commissioners
voted Aye.
c) Urbanetics sales trailer extension
A letter dated June 25, 1981 was received from Urbanetics
Counsel, giving a renewal of their bond for the sales trailer
for six months.
•
MOTION by Commissioner Sullivan/Commissioner Basso that the sales
trailer agreement with Urbanetics of Florida be extended for three
months from when it expires, in the amount of $25,000.00. Without
objection, the MOTION passed.
' Minutes Highland Beach
Town Commission
Regular Meeting
July 7, 1981 Page 11 of 12
• d) Carl Howard's request for consulting fee
Mrs. Roberts gave a brief summary of this request for the
benefit of all. Mayor Horton stated that this should not
happen again because his new contract should take care
of these matters in advance. After discussion, the consensus
was that Mr. Howard's work did benefit the Town and a
MOTION was made by Mayor Horton that the expenditure of $1,000.00
be approved and paid to Carl Howard for the work which had been
performed. Vice Mayor Storm seconded this MOTION providing that,
in the future, the Town does not run into these situations again.
Commissioner Sullivan inquired into the feasibility of the
Town having their own Public Works Department and Mayor'
Horton answered that this is planned for the future.
All Commissioners voted Aye in favor of the above MOTION.
e) Submission of reports and questionnaire by consulting engineers.
• Mrs. Roberts stated that the questionnaire had been distributed
to the Commission and discussion took place regarding several of
the questions. Commissioner Blosser brought up a few good points
which were talked about and decided upon, with the end result
being that the questionnaire would be re-submitted to the
Planning Consultants for finalization.
The next subject discussed was Arturo's Restaurant and the
abandonment of Appleby Street. The lease amount and terms
of the lease were also discussed. Arturo's Restaurant has
agreed to replace any paving which the Town might have to
disturb in case of laying additional water lines.
Mr. Sliney indicated that he would like to see final drawings
and location lines before finalizing the agreement. Mrs.
Roberts assured him that as soon as they were delivered to her,
she would make sure that he saw them.
Commissioner Basso brought up the subject of placing "No Wake~-
Reduce Speed" signs in the Intracoastal. The Army Corps of
Engineers will be contacted to see just what can be done about
this.
• Bills for Approval
None
LJ
'~ Mihutes Highland Beach
Town Commission
Regular Meeting
July 7,1981
Page 12 of 12
Vice Mayor Storm stated that he wanted to commend somebody
for publicizing the Town Meetings for Highland Beach in the
newspaper.
Mr. M. H. W. Dent, a Town Resident, commented on Tom Graham
and Carl Howard being paid for work not specifically covered
in their contracts.
Meeting ADJOURNED at 4:00 P. M.
APPlm VED : Cp-y~
Loui~t Horton, Mayor
•
ATTEST:
wn Clerk
DATED: ~ ~ ~/
Ha o7~d Vice Mayor
~~
J n J. asso, Commissioner
Mar uise G,~s~r, Comm.
r7 ~~~
rd J. S`yf~/J.ivan, Commissioner
•