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1981.03.31_TC_Minutes_SpecialP r TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission Special and Workshop Meetings March 31, 1981 1:20 P.M. Mayor Horton called the Special Meeting to order at 1:20 P.M. Those in attendance were: Mayor Louis Y. Horton, Vice Mayor Harold C. Storm and Commissioner John J. Basso. Commissioner Mary Louise G. Blosser was absent and Commissioner Peter J. Genovese arrived later. Mayor Horton announced that a quorum was present. Also in attendance were: Elaine W. Roberts, Town Manager; Thomas E. Sliney, Town Attorney, Police Chief Kenneth Jones and Jane E. Barker, Town Clerk. Mayor Horton announced that the purpose of this meeting concerned an amendment to the Building Code, Ordinance #405. Mr. Sliney stated that Ordinance No. 405, which amended the Building Code, included the bond requirements for a temporary C/O. He added a new first sentence and added the word "interest" in the second sentence. Discussion took place regarding administrative costs and to whom the interest should be paid if the bond is invested. Mayor Horton stated that the Town could not very well make people pay a bond and then the Town collect interest on that money. It was determined that Town Counsel would incorporate the suggestions made today into the amended ordinance in time for the final reading and adoption. At this time, Mayor Horton read the proposed ordinance by title only - "An Ordinance of the Town of Highland Beach, Florida, amending Chapter 7 of the Code of Ordinances entitled "Building Code", Section 7-1.1 entitled "gmendments to the Standard Building Code" which references Section 109.3 - Temporary Occupancy. This constitutes a First Reading. Mrs. Roberts then spoke of the dollar amount of forfeited bonds under the Tree Preservation Ordinance. Special Meeting ADJOURNED at 1:40 P. M. Minutes Highland Beach Town Commission Special and Workshop Meetings March 31, 1981 Page 2 of 8 Mayor Horton immediately called the Workshop Meeting to order at 1:40 P.M. Those in attendance were: Mayor Louis Y. Horton, Vice Mayor Harold C. Storm and Commissioners John J. Basso and Peter J. Genovese. Commissioner Mary Louise G. Blosser was absent. Also in attendance were: Elaine W. Roberts, Town Manager; Thomas E. Sliney, Town Attorney; Police Chief Kenneth Jones and Jane E. Barker, Town Clerk. Mayor Horton called for questions or comments from the audience and there were none. 81.1 Vacancies on Boards Mrs. Roberts stated that the Code Enforcement Board had recommended Mr. William Paul be appointed as Alternate #2 to this Board; and a letter of resignation from the Planning Commission had been received from Mr. Walter Bonny. She stated that several resumes had been received from people • in Town which will be submitted to the various Boards for study. Proposed Ordinances 81.10 Proposed Ordinance No. An Ordinance of the Town of Highland Beach, Florida, Amending Chapter 22 of the Code of Ordinances entitled "Sewers" and rescinding the Sewer Franchise. Mayor Horton inquired if the Commission had had an opportunity to study the proposed sewer rates and the proposed contract from the City of Delray Beach regarding their charges for using their sewer lines and the area Wastewater Treatment Plant. Mrs. Roberts explained the old contract for all. Discussion ensued. Mrs. Roberts said that she would draw up the Ordinance for the Workshop Meeting on April 28 and in the meantime, the Commission could decide what monthly rate they would have to charge. She asked the Commission if they would approve the new contract concept so that she could notify the Delray Beach attorney. 81.21 Proposed Ordinance No. An ordinance of the Town of • Highland Beach, Florida, Minutes Highland Beach Town Commission Special and Workshop Meetings March 31, 1981 Page 3 of 8 to revise Chapter 10 of the Code of Ordinances entitled "Fire Prevention". Mrs. Roberts stated that this proposed ordinance was not ready as yet. She said that Commissioner Blosser was in the process of finishing her report on fire prevention and Mrs. Roberts delayed the ordinance until she had that information from the report. 81.22 Proposed Ordinance No. 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". Mrs. Roberts reported the time factor had been deleted from this proposed ordinance; inserted were three exceptions, such as vehicles in distress; emergency vehicles and if special permission had been granted by the Police Department. This proposed ordinance will have a First Reading at the Regular Meeting on April 7, 1981. 81.9 Water Plant Operators' Contract. Mayor Horton stated that all the Commissioners had received a copy of the Water Plant Operators' proposed contract and Mrs. Roberts explained in detail about her conversation with Tom Graham. Two amendments will be made to the contract. Commissioner Basso stated that Tom Graham should submit logs in accordance with the approved suggestions of the engineers, and this will be explained to Mr. Graham by Mrs. Roberts. 81.11 Town of Highland Beach vs. Ocean Properties Mayor Horton said that Mr. Sliney had forwarded a Stipulation of Dismissal between the Town of Highland Beach and John P. O'Grady but he had not heard further from Mr. Hilly, Mr. O'Grady's attorney. Commissioner Genovese spoke in favor of dismissing this case and Mr. Sliney agreed. Vice Mayor Storm then brought up the subject of dealers selling art work and frames from rooms at the Holiday Inn and advertising Minutes Highland Heach Town Commission • Special and Workshop Meetings March 31, 1981 Page 4 of 8 these sales in the newspapers. Discussion took place regarding commercialization in Town with the Commission requesting Mr. Sliney to write the Holiday Inn informing them that they were violating the Town's ordinances. 81.12 Friends of the Library Mr. Sliney informed the Commission that Commissioner Blosser was planning an organizational meeting with the interested parties upon returning from her trip. This should be next week sometime. 81.13 Possible arrangements with Boca Raton regarding Appleby Street Mrs. Roberts stated that representatives from Arturo's restaurant were in the audience and desired to address the Commission. Mrs. Roberts explained the letter that Mr. Zumwalt, City Manager of Boca Raton, sent to all of his department heads, asking their opinions on such matters as abandoning Appleby Street, a lease for the well field, etc.; a letter received from Mr. Louis A. Rolla, Attorney for Arturo's, addressed to Mr. Sliney's answer of March 13, 1981. Mrs. Roberts read Mr. Sliney's letter for the record. Mr. Pat Lynch, Arturo's architect, explained about the Town's utility lines in relation to Arturo's restaurant and Mr. Rolla told of the draft agreement between Arturo's and the Town. Discussion took place with it being determined that the Com- mission would study this matter in order to take action at the Regular Meeting on April 7, 1981. 81 15 Additional Proposals regarding Cable TV and Antennas Mayor Horton read for the record Mr. Gullett's letter to the Town Commission dated March 30, 1981 regarding agreements needed to build the cable system in Town. Much discussion took place regarding the Cable TV System and the franchise being non-exclusive. Several inquiries have been made of the Town as to other firms coming in and installing Home Box • Office in the different condominiums and this led to heated discussion. Minutes Highland Beach Town Commission • Special and Workshop Meetings March 31, 1981 Page 5 of 8 It was determined that Mr. Sliney would draw up a short lease agreement as per Mr. Gullett`s letter of March 30, 1981. 81.16 Hidden Harbor - Hoffmann RPUD Mayor Horton stated that Hidden Harbor - the Hoffmann RPUD - was seeking some changes in their formally approved plans. Mr. Thaddeus Cohen, a representative of Peabody & Childs, was in the audience. Mrs. Roberts also stated that Mr. Hamzik had been requested by the Commission to draw up a comparison of what had been originally approved and the changes they desired. Mr. Hamzik stated that he could see no objections and the consensus of the Commission was to approve the amend- ments. Definite action will be taken at the Regular Meeting on April 7, 1981. 81.17 Correspondence (a) Mayor Horton said that letters had been received from the Florida Department of Transportation • regarding monies available for the bike path program. Mrs. Roberts reported that the Florida DOT has allowed $218,200. for this particular district for bikeway programs. In order to apply for this money, the path has to be increased to an eight-foot width. The Town's proportionate share would be $20,000. After discussing this subject, it was decided to forego applying for this money at this time. (b) Mayor Horton announced that the next item had to do with slash pine seedlings available for $1.00 each. Mrs. Roberts said that this was a native Florida pine tree. Mayor Horton stated that it might be a good idea to have a half dozen around the new building and when Mrs. Roberts calls to order them, she will determine if they are susceptible to disease. 81 18 Holiday Inn Cruise Ship Proposal Mr. Sliney reported on this matter, stating that the Town should deny the Holiday Inn's request, basically because it is an extension of a non-conforming use and a new and separate commercial entry. It was the consensus of the • Commission that Mr. Sliney write to Mr. Bill Williams, Minutes Highland Beach Town Commission • Special and Workshop Meetings March 31, 1981 Page 6 of 8 Executive Chef of the Holiday Inn, denying their request. 81.19 Proposal from Carl Howard regarding consultant fees Mrs. Roberts informed the Commission that Mr. Carl Howard had submitted a bill for $1,000.00 for consulting work involving the problem at L~i.ft Station #1 and also requested $25.00 an hour for performing any such work as this in the future. He was not hired as a consultant, yet has been serving somewhat in this capacity. Discussion took place for quite a while with Mayor Horton saying back-up material would have to be provided in order to approve the bill for $1,000.00. As far as the future is concerned, Mayor Horton said, that if Carl. Howard were called upon to provide service such as this, an addendum to his contract could be drawn up including an estimate of the job. Mrs. Roberts stated that a proposal could be given, with an upper limit on it, by Mr. Howard, which is what the Town's engineers do now. Mrs. Roberts said that if Mr. Howard were to exceed the scope, he would have to return to the Town .Commission for approval. His fee would be $25.00 an hour within the scope. 81.20 Municipal Building - Alternates for landscaping and Parking Mayor Horton stated he had sent out a memo on February 20th showing different plans or suggestions regarding the land- scaping and parking lot for the new Municipal Complex. Discussion took place regarding the parking for the Post Office, limiting the time to fifteen minutes, and how many spaces would be required. Discussion took place regarding the opening of the bids for the new Municipal Complex on April 14, 1981. 81.23 Boat-Time Sharing Issue Mayor Horton stated that he thought this matter was a "dead issue" and told Mrs. Roberts to scratch it off the agenda. r~ LJ • Minutes Highland Beach Town Commission • Special and Workshop Meetings March 31, 1981 Town Commission Reports Page 7 of 8 Commissioner Basso requested the Town Manager to send letters to real estate dealers who advertised on State property be- tween Bel Lido as for north as Highland Beach Drive, saying that it is a disgrace. He also would like Mrs. Roberts to write to the owner of Ceaire at 4310 So. Ocean Blvd. regarding some two-by-four pieces of lumber with spikes sticking out which are on their property. Commissioner Basso thought this was very dangerous. Mrs. Roberts said she would have the Building Department remove this lumber. Mayor Horton stated that plans for the Open House at the water Plant are progressing nicely. Buses will operate every fifteen minutes to and from the Plant to St. Lucy's Catholic Church. Refreshments are being handled by Mr. Edward J. Sullivan and the invitations by Mr. Walter Bonny. Commissioner Basso read for the record a letter from Dr. Harry Weiss to Mrs. Roberts regarding property located at 4112 South Ocean Boulevard. Town Manager's Reports Mrs. Roberts reported that letters were written to both Mr. Gibson and Mr. Milani concerning their respective properties. Mrs. Roberts then reported that Mayor Horton came in second for the Philip D. Lewis Statesman of the Year Award, losing out to James Watt, Representative. This award is presented by the Palm Beach County Municipal League each year. She reported that Earl Harvel did some necessary water valve location work which exceeded the amount Mrs. Roberts can approve. She will seek formal approval of this amount at the Regular Meeting next week. Mrs. Roberts said that the Building Official sought approval to have all the emergency power sources inspected in all the condo- miniums by the electrical inspector on a contract basis. The power was off a week ago Sunday and people in Penthouse Towers • were cought in an elevator for 25 minutes. This inspection is -~- Minutes Highland Beach Town Commission Special and Workshop Meetings March 31, 1981 Page 8 of 8 conducted yearly just prior to hurricane season and has been done on an hourly basis in the past. Mr. Hamzik feels that a contract basis would be better. Mrs. Roberts recommended a salary of $300.00 a week for the. four weeks. Mrs. Roberts then said that there will be a computer presen- tation study by F.A.U. students at the Regular Meeting on Tuesday, April 7, 1981. Mrs. Roberts announced that Maree Birkbeck would be attending a Workmen's Compensation Session in Ft. Pierce on April 1, 1981. Proposals have been requested from Planning Consultants - one has been received so far and that is from Dr. Orman. Mrs. Roberts said a letter was received from the Area Planning Board requesting the Town's comments on continued funding for planning. The consensus was disapproval. Mrs. Roberts recommended that the Town drop the terramycin treatment for the trees. She also stated that Mr. Hamzik felt • the wall in front of Shoreland Norrine should remain where it is to keep the dirt from washing down onto AlA. Commissioner Genovese felt that a fence should be placed in front of the wall. Mrs. Roberts received a notice from the Corps of Army Engineers regarding Coronado, who have applied to put 110 cubic pards of fill in an area below mean high water. Meeting ADJOURNED at 4:40 P.M. APPROVED: Louis ~:/ Horton, Mayor Harold C,/S~prm, Vice Mayor ~ ~°~~- ATTEST: J n J. so, Commissioner wn Clerk Mar~ouise G.~sser, Comm. __ // ~~~. DATED: April 17, 1981 ~'~-1 / ' Peter J. Gp ovese, Commissioner ~/