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1981.04.07_TC_Minutes_Regular~ ~ TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission Regular Meeting April 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 Peter J. Genovese. Also in attendance were: Elaine W. Roberts, Town Manager; Thomas E. Sliney, Town Attorney; Police Chief Kenneth Jones and Jane E. Barker, Town Clerk. There were several people in the audience. Pledge of Allegiance Approval of M February • February February March inu t 17, 24, 24, 3, es 1981 1981 1981 1981 Regular Meeting Recessed from February 3, 1981 Regular Meeting Recessed from February 3, 1981 Workshop Meeting Regular Meeting MOTION by Commissioner Basso/Vice Mayor Storm that the Minutes be approved as written. All Commissioners voted Aye. At this point, Officer John Oehl, newly appointed officer to the Police Department, was introduced to the Commission. Mayor Horton welcomed Officer Oehl to the Town and said he hoped his tour of duty would be a pleasant one. Mayor Horton then asked Mrs. Roberts to introduce the student from Florida Atlantic University who completed as a class assignment an analysis of the Town's accounting system. She had requested to give a presentation on Computer Science. Kathleen Brady .then explained how a computer system could help Highland Beach with their accounting procedures, how much faster it would be, and that an IBM System 34 would be ideally suited for Highland Beach. • i , Minutes Highland Beach Town Commission • Regular Meeting April 7, 1981 Page 2 of 15 Kathleen's professor was introduced and Mayor Horton thanked both of them. Commissioner Blosser told the professor to give Kathleen a good mark. Mayor Horton called for any further Public Requests or Comments and there were none. Reports - Town Commission (a) Mayor Louis Y. Horton - Mayor Horton reported that plans for the Open House at the Water Plant are going quite well. He stated that he thought every- body would be quite surprised at what Highland Beach has and he hoped that all the Townspeople would attend. Mayor Horton then spoke of Mrs. Barker's memo to the Town Commission regarding the salary paid to Poll Workers on Election Day - $50.00 for the Clerk and $40.00 to all others. MOTION by Commissioner Basso and seconded by Vice Mayor Storm that Mrs. Barker's recommendation be approved. All Commissioners voted Aye. (b) Vice Mayor Harold the month of March amo~ from the General Fund, Fund and the 1979 Bond continually working. C. Storm - Vice Mayor Storm reported that interest earned during znted to $11,369.40. This is netted the Water System Improvement Seserve Issue. He said that all monies are He further reported that the "208" Committee will not be meeting during the month of April. He also said that one of the members of the Financial Advisory Board would be moving and he would be asking the Commission to accept a recommendation for a new member in the near future. Mayor Horton said that bids for the new Municipal Building will be opened next Tuesday, April 14, 1981, at 1:30 P.M. Mrs. Roberts reported seeing Mr. Roy Simon this morning and he said six contractors had requested to bid so far. • Minutes Highland Beach Town Commission • Regular Meeting April 7, 1981 Page 3 of 15 Mrs. Roberts then reported on the buses which will provide the transportation on Sunday to and from the Water Plant. (c) Commissioner John J. Basso - Commissioner Basso reported that over the past few months he has requested several things of the Town Manager which have now been accomplished. Real estate signs have been removed from state property, left over lumber with spikes in it has been removed from the Ceaire property, and that five newstands have been removed from Town. Commissioner Basso also reported that Chief Jones had offered suggestions for removing some of the signs in the Town Hall parking lot. He said that through the efforts of Mrs. Roberts, it is possible that a Garden Club could be formed in Town. Also, that she had written to Senator Paula Hawkins regarding the Contract Post Office remuneration. Commissioner Basso spoke of the investigation made by Dr. Harry Weiss at 4112 South Ocean Boulevard and Mrs. Roberts stated that the Building Official will be inspecting the property and • will list all of his recommendations. (d) Commissioner Mary Louise G. Blosser - Commissioner Blosser reported that she had distributed her report on non-sprinklered fire buildings which will be discussed later. "Friends of the Library" will come up later in the meeting, she said. (e) Commissioner Peter J. Genovese - Commissioner Genovese spoke for quite some time on gun control and said that he was grateful that the Police Committee had been reactivated. He spoke of the gun control law in England and the few deaths that have taken place over there. He quoted statistics from around the United States. Commissioner Genovese made a MOTION that the Town Commission notify the Governor, the Attorney General, the President of the Senate and the President of the House that this Commission stands for a rigid gun control law with a mandatory sentence for those violating it. Commissioner Basso seconded this MOTION. Vice Mayor Storm voiced his objections stating that this statement • should be clarified, limiting the MOTION to hand guns, Minutes Highland Beach Town Commission Regular Meeting April 7, 1981 Page 4 of 15 Vice Mayor Storm made an AMENDMENT to the original MOTION that this should apply to hand guns, rather than rifles or shotguns. Com- missioner Basso seconded this AMENDMENT. In voting on the AMENDMENT, all Commissioners voted Aye. In voting on the original MOTION, which called for providing the leaders of the State with this MOTION, all Commissioners voted Aye. At this time, Commissioner Genovese left the podium and addressed himself to the Vice Mayor and Commissioners. He presented. Mayor Horton with the original Resolution No. 416 which had been suitably framed. Resolution No. 416 sponsored Mayor Horton for consideration to receive the Palm Beach County Municipal League sponsored Philip D. Lewis Statesman Award. Mayor Horton came in second, losing to Representative Jim Watt. Mayor Horton thanked Commissioner Genovese, calling attention to the fact that the vote in favor of adopting this Resolution unanimously was not true inasmuch as he (Mayor Horton) had abstained. Reports - Boards and Agencies of the Town (a) Board of Adjustment - Mrs. Roberts reported that their next meeting would be held on Monday, April 20, 1981. (b) Code Enforcement Board - Mrs. Roberts said that their next meeting would be April 15, 1981 at 10:00 A.M. She said this Board had submitted a memo to the Town Commission recommending Mr. William E. Paul, a resident of the Boca Cove Townhouses, as No. 2 Alternate to this Board. MOTION by Vice Mayor Storm/Commissioner Basso that Mr. William E. Paul be appointed as second alternate to the Code Enforcement Board. All Commissioners voted Aye. (c) Community Appearance Board - Mrs. Roberts reported that a resume had been submitted by Mr. Schneider of Monterey House. He will attend their meeting the last day of this month, after which this Board will make their recommendation to the Town Commission. I Minutes Highland Beach Town Commission • Regular Meeting April 7, 1981 Page 5 of 15 (d) Financial Advisory Board - Vice Mayor Storm stated that this Board would have a report by the next meeting. (e) Housing Board of Adjustment & Appeals - Mrs. Roberts said this Board would be meeting on Wednesday, April 15th at 9:30 A.M. There are still several vacancies on this Board. (f) Planning Commission - Mayor Horton said that a letter of resignation had been received from Mr. Walter Bonny from this Board. A MOTION was made by Vice Mayor Storm/Commissioner Blosser that this resignation be accepted. All Commissioners .voted Aye. Mrs. Roberts continued by saying this Board was holding a Public Hearing on Wednesday, April 8, 1981 at 10:00 A.M. • She said that four proposals were received from planning consultants which have been given to Chairman Nick Johnson. (g) Police Committee - Mr. Lowell Blum, Chairman of the Police Committee, inquired as to whether the "No Parking" signs for AlA had been ordered and was informed that they had been. He reported their meeting April 6, 1981. (h) AlA Study Committee - Mr. Arthur Nicholson, Chairman of the AlA Study Committee, read for the record the report of the above Committee. After Mr. Nicholson's report, discussion took place regarding the speed limit on AlA, and any future widening of AlA. Mayor Horton said that the Commission would read this report and be ready for further discussion at the next Workshop Meeting. At this point in time, Commissioner Genovese brought up Item 81.11 from the Items Left Over from the Workshop Meeting - Town of Highland Beach vs. Ocean Properties. Inasmuch as Mr. Hilly, Mr. O'Grady's Attorney, had an appointment for later in the afternoon, it was his desire to discuss this matter now. • I ~ , M:~nutes Highland Beach • ~Cown Commission RE~gular Meeting April 7, 1981 Page 6 of l5 Commissioner Genovese gave a brief history of this case which has been going on for four years. Commissioner Genovese stated that he and Mr. Sliney had discussed this matter very thoroughly and decided that the case had no merit and should be settled out of court. He stated that it was agreed that general re- leases would be exchanged between the Town and Mr. O'Grady, and also file a dismissal of the court action with prejudice. Mr. Hilly explained that they were perfectly willing to sign a general release and have the action dismissed with prejudice but could not go along with the other conditions that have been suggested by the Town. He explained that should Mr. O'Grady violate any of the Town's ordinances after signing this release, the Town would have recourse and could look to their attorney and the courts for guidance. Mr. Sliney stated that he didn't think this solved anything from the Town's point of view, and felt the items concerning • the size of his office and his advertising should be included in the agreement. Mrs. O'Grady addressed the Commission saying that her husband is ill and that is why she is present today. Much more discussion took place with Mr. Hilly stating that he would have to return to Mr. O'Grady to see what his desires were in regard to settlement. It was decided that this matter will be discussed further at either a Special Meeting or the next Workshop at the end of April. Reports - Representatives Re: (a) Metropolitan Ping. Organiz. Transportation (Don Wilson) Mr. Wilson reported that no subject came up that had any impact on the Town. (b) South Florida Water Management District Mayor Horton reported that the Town's Water Plant Conservation • Program was detailed in full by the SFWMD which was very Minutes Highland Beach • Town Commission Regular Meeting April 7, 1981 complimentary and Mrs. Roberts said from the SFWMD. Page 7 of 15 will be distributed to other communities. she had received the 1979-80 Annual Report Mayor Horton then said to Mr. Tom Gullett that he knew he had been most patient in waiting all this time and Cable TV would be discussed now. It was on the agenda under "Items Left Over from the Workshop Meeting". (Item No. 81.15) Mr. Sliney stated that he did not have the lease agreement prepared as yet, however, he felt that it would be a standard form lease including the items from Mr. Gullett's letter which he had requested. He would then call Mr. Gullett when it was ready. Vice Mayor Storm questioned the amount of $100.00 which Mr. Gullett declared he would pay to rent the property behind Town Hall. Discussion took place regarding the agreements . requested by Mr. Gullett, with Commissioner Basso saying that the monthly rent of $100.00 should be increased every five years. This was agreeable with all Commissioners. Commissioner Genovese felt that a Special Meeting should be held in connection with the bid opening on April 14, 1981 in order to settle this matter. MOTION by Commissioner Basso/Commissioner Blosser that a Special Meeting be held at 1:45 P.M. on Tuesday, April 14, 1981. All Commissioners voted Aye. Reports - Town Attorney Mr. Sliney said that the Massingill matter was discussed quite thoroughly at the Code Enforcement Board Meeting. He said that it was hoped this issue could be brought to a head at a Public Hearing to be held later this month. If the project is not completed, it should be torn down, Mr. Sliney said. Mr. Sliney then spoke of Mr. Giannini's running for Mayor . and said that he had met with Mr, Stockton, Assistant State I Minutes Highland Beach Town Commission Regular Meeting April 7, 1981 Page 8 of 15 Attorney, the other day. Mr. Stockton will investigate this matter and report back to Mr. Sliney. He then informed the Commission that he had mailed the necessary papers to the attorney for Lauderdale Contracting but had not heard further from him. • • Mr. Sliney reported that an opinion has been prepared in regard to the Holiday Inn Cruise Ship, saying that it was in violation of the Town's ordinances. He has the consensus of the Commission to write the Holiday Inn as above. Reports - Town Manager Mrs. Roberts said that Urbanetics, Inc. were permitted to have a Sales Model at their site, after paying a $25,000.00 cash bond. They now desire to amend this to a surety bond. Mr. Sliney felt this matter should go before the Town Commission inasmuch as the Commission set the bond orig- inally and they now wish the bond lowered. This will be considered later. Discussion took place regarding cash bonds as opposed to surety bonds. Mrs. Roberts explained that Boca Raton collects bonds but does not reimburse any interest gained from investments. Mrs. Roberts continued with her report by saying that the Palm Beach County Municipal League met for dinner last Tuesday night at which time the Statesman of the Year Award was presented to Representative Jim Watt. Treasure Coast Regional Planning Council will be meeting April 17 in Stuart. Safety Committee will be meeting Friday, April 10, 1981 at 10:00 A.M. Members of the Staff will now be invited, Mrs. Roberts said. Other meetings she attended were: Water Plant meetings, Southern Bell representatives, people interested in Board appointments, checking the new water meter system at Hunter's Run in Boynton, the architect, Earl Harvel, engineers, planning consultants and WET Group members. Minutes Highland Beach Town Commission • Regular Meeting April 7, 1981 Page 9 of 15 Correspondence has been sent to Mr. Milani notifying him of violations at one of his properties; received from: Civil Defense and a Russell Road resident, Mrs. Spadafina, who lives next to the Massengill-Moore property. Mr. Sliney explained the Massengill-Moore situation for the benefit of the Commission. Mrs. Roberts said a letter was received from the U. S. Depart- ment of Commerce Hureau of Census acknowledging the Town's support of the position taken by the Area Planning Board in Palm Beach County. She also spoke about an article in the newspaper on Friday, March 27th, giving the statistics of county population increases. Highland Beach increased by 225%, second only to Greenacres. Three responses were received from the State Legislature in regard to the Resolution mailed to them supporting more money for roads in the southern part of the County. Letters have • been received from the Department of Transportation regarding several matters. Mrs. Roberts spoke of an article in the National League of Cities regarding "Municipal Liability". Del Trail did an inspection of the Town Hall and everything is A-OK. The 1980 U.S.G.S. report was received and is very attractive. Other literature received were Coastal Protection Guidelines. Mrs. Roberts said that bids for the Municipal Complex will be opened on April 14 and the Turtle Watch Program will start on Wednesday, April 8, 1981. Mrs. Roberts reported that the State of Florida did an inspection of the Town's facilities and their report was answered by March 17th An investigation has been completed on the franchise with Florida Public Utilities and it was determined that every- thing was in order. Mrs. Roberts said that an audit was performed re the grant from the Florida Department of Community Affairs for planning work. r Minutes Highland Beach Town Commission • Regular Meeting April 7, 1981 Page 10 of 15 Mrs. Roberts reported on the following departments: Building - Mrs. Roberts said that a final C/O had been issued for the alterations at the Kroll residence, for the Roy and Bono house on Bel Lido ,Island, for the Frankino triplex; temporary C/O's to certain apartments in the North Tower of the Townhouses of Highland Beach and for several apartments at Parker Highlands. She said that a permit was issued to Trafalgar Developers for their first building. There have been quite a few problems with Coronado such as disrupting the bike path; and a strike at the site. They have been issued one-half dozen citations and they will be appearing before the Code Enforcement Board next week. Finance - Monies collected include: Court - $1,427.; Florida Power & Light - $6,602.; investment earnings over $12,000.; taxes - $435,000.; Road & Bridge money - $48,430. Mrs. Roberts reported that Maree Birkbeck attended a Workmen's Compensation Seminar in Ft. Pierce last week and brought back a lot of helpful information. Regarding the Gilpin case, Mrs. Roberts said that Boca Raton was not very happy about being included in the claim, however, their Mayor explained the matter by saying it was in the hands of the attorney. Court date for this case is Monday, April 13, 1981. Health - Mrs. Roberts reported that inspections have been made at the Milani rental property and the Sea Lodge Apartments owned by Mr. Gibson. Maintenance - Mrs. Roberts reported that this was routine. Police - A letter of commendation was received from the Holiday Inn praising the Police Department, which Mrs. Roberts read for the record. A C.D.C meeting was held this morning at which the M.I.C.A. report was discussed. • The monthly police report was received and Mrs. Roberts said that violations of Town Ordinances cited by the Police Depart- ment would be held before the Code Enforcement Board on Minutes Highland Beach Town Commission • Regular Meeting April 7, 1981 Wednesday, April 15, 1981. Page 11 of 15 Town Clerk - Mrs. Roberts reported that the Election has been advertised once and will be advertised three more times. It is required by law to advertise in local newspapers. As of today, seventeen requests have been received for absentee ballots. Testing of the computer election equipment will take place on May 4, 1981 at 10:00 A.M. Public Utilities and Works - Mrs. Roberts said that water con- sumption was up for March - treated water almost 32 and a half million gallons. Correspondence has been received informing of all of the approvals at the Water Plant. Mrs. Roberts said that Boca Raton had requested to buy some water from us and Mayor Horton stated that Boca had been kind enough to supply Highland Beach with water when it was needed, therefore, he felt we should reciprocate only when full capacity is reached. The Town Commission agreed. Mrs. Roberts will notify Boca Raton of this. • Commissioner Blosser made the comment that she is still hearing complaints from Seagate residents regarding the quality of water and Mrs. Roberts said a test will be made at that location. Sewage System - Mrs. Roberts reported that the lift stations strobe lights have all been completed and she will inspect these just as soon as possible. Carl Howard has submitted two monthly reports which are on the Clipboard. Mrs. Roberts said that the Lift Station #1 audio alarm works perfectly. She said that the Regional Sewage Plant is nearing capacity. Because Delray Beach Councilman M. Bird has recommended a building moratorium in Delray Beach that could affect Highland Beach, Mrs. Roberts will meet with him to discuss alternatives. Mrs. Roberts said that there were twenty malayan palms left and asked if she should order more. The consensus was to purchase fifty more trees. They sell for $17.50 each and are about six or seven feet tall. Mrs. Roberts reported that Bernice Smith attended a Local Government Comprehensive Planning Act Forum on February 25th at the Area Plan- . ning Board in West Palm Beach. She advised that April 8th was the Minutes Highland Beach Town Commission Regular Meeting April 7, 1981 Page 12 of 15 day interviews were being held with four planning consulting firms - Dr. Orman; Mark David; Post, Buckley, Schuh & Jernigan, Inc.; and Gee and Jensen. Mr. Sliney reported that he had spoken with Mr. Rolla, Attorney for Arturo's restaurant, informing him that the Town Commission had approved their project in concept. Mrs. Roberts reported receiving a notice of a Public Hearing on Thursday, April 16, 1981, regarding the abandonment of a portion of the Appleby Street right-of-way. Discussion took place regarding this matter. MOTION by Commissioner Genovese and seconded by Vice Mayor Storm that the Town Commission approve in concept the proposed agreement submitted by Arturo's restaurant for an easement with the Town of Highland Beach in the letter of March 24, 1981 from Louis A. .Rolla, Esq., exact terms of the easement agreement to be mutually agreed upon. All Commissioners voted Aye. Proposed Ordinances - An ordinance of the Town of Highland Beach, Florida, amending Chapter 27, Section 27-2 of • the Code of Ordinances, entitled "Traffic and Motor Vehicles". This proposed ordinance was read by title only by Mayor Horton. It will come up for discussion at the Workshop Meeting on April 28, 1981. Items left over from the Workshop Meeting of March 31, 1981. Mayor Horton announced that the first three Stems had already been taken care of, as well as the Proposed Ordinance regarding "Parking". 81.9 Water Plant Operator's Contract Mrs. Roberts stated that she had gone over this revised contract with Tom Graham yesterday. The consensus was for the Commission to study this and discuss it further at the Special Meeting on April 14, 1981. 8.1.12 Friends of the Library Commissioner Blosser felt that more comprehensive information should be obtained before proceeding with this and suggested that a social meeting be held with the people who have shown an interest. It is important, Mrs. Blosser said, that they obtain tax exempt status • before the end of the calendar year. Minutes Highland Beach Town Commission • Regular Meeting April 7, 1981 Page 13 of 15 81.16 Hidden Harbor - Hoffmann RPUD Mayor Horton stated that at the last meeting, Mr. Hamzik had informed the Commission of the changes Hidden Harbor desired to make in their already approved plans. The only change of significance would involve the length of the hi-rise building from 225 feet to 227.8 feet. It was felt this would be approved at this meeting today. Commissioner Blosser reminded the Commission that according to Ordinance No. 389 it is required that changes in plans for RPUDs are to be adopted by ordinance. After discussion, Mr. Sliney stated that Commissioner Blosser was indeed correct and felt that the whole matter should be referred back to the Planning Commission. 81.17 Slash Pine Seedlings available from the Area Planning Bd. • Mrs. Roberts said that she had called on this matter and dis- covered that they are no more susceptible to disease than any other tree or plant. Mrs. Roberts said she reserved fifty, however, the Commission decided to order twenty-four ~ $1.00 each. 81.18 Holiday Inn Cruise Ship Proposal Mayor Horton stated that Mr. Sliney had been instructed to write to the Holiday Inn denying this request. 81.19 Proposal from Carl Howard re: consultant fees This item will be discussed at the next Workshop Meeting on April 28, 1981. 81.20 Municipal Building Parking Arrangements This matter was discussed at previous meetings and Mayor Horton said the consensus was to have two rows of parking in front of the new building, deep the west row in front of the present building and take the east row out and landscape it. Mayor Horton stated that a fifteen-minute parking limit would be in • effect. This was agreeable with all Commissioners. Minutes Highland Beach Town Commission • Regular Meeting April 7, 1981 Page 14 of 15 Mayor Horton said that Earl Harvel's valve location project had been discussed previously and due to the amount, it needed the Town Commission's formal approval. MOTION by Vice Mayor 5torm/Commissioner Basso that approval be granted to pay the amount of $1,596.00 to Earl Harvel for the above work. All Commissioners voted Aye. The next item Mayor Horton said, was Harold Hayes' Contract Agreement to inspect all emergency power sources in Town for the sum of $300.00 a week. Mayor Horton said that Harold Hayes was away and this matter will be discussed further upon his return. Shoreland Norrine property was discussed next. Mr. Hamzik had asked the property owners to construct a fence in front of their property or a citation would be issued. Mrs. Roberts was to check whether this citation had been issued. • The last item on the agenda concerned Trafalgar Developers, also known as Coronado Towers. Mrs. Roberts explained that the developer desired to continue the bulkhead as a retaining wall from the Intracoastal eastward on the property to the AlA right of way line and place fill to the north of the retaining wall with clean sand. Commissioner Blosser made note of the fact that this was a mangrove area and discussion ensued, Mrs. Roberts stated that comments would be welcomed until April 27th by the Corps of Army Engineers. Mayor Horton brought up the matter of the sewer agreement with Delray Beach. Mrs. Roberts stated that she had written the Delray Beach City Attorney, stating that Highland Beach agreed in concept to the proposal made to Highland Beach in that the Town was willing to pay their fair share and would want to hear further from them. Mrs. Roberts stated that Mr. Hamzik was drawing up language concerning TV dishes which information will be given to the • Planning Commission. After review, recommendations will be made to the Town Commission. Minutes Highland Beach Town .Commission • Regular Meeting April 7, 1981 Page 15 of 15 Mayor Horton asked about Roy Simon's contract for the new Municipal Building. MOTION by Commissioner Genovese/Commissioner Blosser that the meeting be ADJOURNED. - Time 5:00 P.M. APPROVED: ~~ U ATTEST: Clerk DATED: May 1, 1981 Louis ~./Horton, Mayor Har ld C`Sto Vice Mayor ~''~ ~- G~,~~if%"~ J n J Basso, Commissioner Peter ~. Genovese, Commissioner Ma Louis Blosser, Comm. ,•