1981.03.03_TC_Minutes_Regular
TOWN OF HIGHLAND BEACH, FLORIDA
• Minutes of Meeting of Town Commission
Regular Meeting
March 3, 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 Mary Louise G. Blosser,
John J. Basso, and Peter J. Genovese. Also in attendance were:
Elaine W. Roberts, Town Manager, Thomas E. Sliney, Town Attorney,
Police Chief Kenneth T. Jones, and Jane E. Barker, Town Clerk.
Quite a few Townspeople were in the audience.
Pledge of Allectiance
Approval of Minutes
January 27, 1981 - Special and Workshop Meeting
January 30, 1981 - Workshop Meeting
February 3, 1981 - Regular Meeting - Recessed until
February 17, 1981 - 1:30 P.M.
a Motion by Vice Mayor Storm and seconded by Commissioner Blosser
that the minutes be approved as submitted. All Commissioners voted
Aye.
Public Requests and Comments
Mrs. Roberts informed the Commission that Mr. Dick Shalla
of 4218 South Ocean Boulevard was in the audience and he
addressed the Commission concerning the problem he had with
the water and his laundry in the month of December. He stated
that he was told to make a list of the items damaged in the
laundry, and, more than likely, he would be reimbursed.
Mayor Horton spoke at some length about this matter and told
Mr. Shalla he would deeply appreciate it if Mr. Shalla would
keep the Commission advised of what he .finds in the future
and a check will be made with the engineers to see if his
problems can be solved.
Mr. Philip Colman, developer of Villa Magna, then spoke to
the Commission and asked several questions concerning Cable
TV which were answered by Mayor Horton.
Mr. M. H. W. Dent, ~ Town resident, talked about the water
plant and the paving of Appleby Street.
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Minutes Highland Beach
Town Commission
• Regular Meeting
March 3, 1981
Page 2 of 12
Mrs. Roberts then spoke regarding the proposed dock at the
Holiday Inn and the matter of luncheon and dinner cruises -
being conducted. Until the dock is completed at the Holiday
Inn, the owner of the boat would be docking at the Villa
Magna dock but not paying any rent, thereby eliminating
the commercial aspect. They were anxious to start these
cruises, however, they were told by Mrs. Roberts to wait
until after they had discussed the matter with the Town
Commission.
Mr. Bill Williams, Food and Beverage Director at the Holiday
Inn, spoke to the Commission and explained just how the
cruises would operate. Discussion took place with the
consensus being that this matter should be researched
further by the Town Attorney before giving Mr. Williams
any decision.
Reports - Town Commission_
(a) Mayor Louis Y. Horton - Mayor Horton reported on a
problem at the Water Plant which was discussed earlier.
He further reported that three operators are now on
duty and the plant is being manned sixteen hours per
day, seven days a week in conformance with the require-
ments of the Palm Beach County Health Department.
Mayor Horton talked also of an Open House at the water
Plant, setting a date of April 12, 1981 from 1:30 to
5:30 PJM. He felt that the neighbors at the Water Plant
should be invited during the first half hour, with the
residents from Highland Beach being invited for the
balance of the afternoon.
(b} Vice Mayor Harold C. Storm - Vice Mayor Storm stated
that the Finance Advisory Committee held a meeting last
week and another one will be held on March 20th. Mr.
Blum, Chairman of the Police Committee, met with them
and efforts are being made to coordinate all of the em-
ployees of the Town as far as benefits are concerned.
Comparisons are being made with other municipalities.
The Committee is doing a broad study of employee benefits.
Vice Mayor Storm also reported that during the month of
February $13,014.99 in interest was earned on our invest-
ments.
(c) Commissioner John J. Basso - No report.
• (d) Commissioner Mary Louise G. Blosser - Commissioner
Blosser reported that she had attended a Workshop
Minutes Highland Beach
Town Commission
• Regular Meeting
March 3, 1981
Page 3 of 12
Meeting. on Management for Volunteer Organizations
and will have information for the "Friends of the
Library" when they begin. She is rounding up the
report on non-sprinklered buildings.
(e) Commissioner Peter J. Genovese - Commissioner
Genovese left the podium an3 went to the floor micro-
phone where he addressed the Commission and the
audience.
He had many words of praise for Mayor Horton and read
a Resolution sponsoring the Mayor for consideration
to receive the Philip D. Lewis Statesman Award for
the year 1981. This Award is given each year by the
Palm Beach County Municipal League and is considered
quite an honor. After the reading in full of the
Resolution by Commissioner Genovese, Commissioner
Genovese made a MOTION that this Resolution be adopted.
Commissioner Blosser seconded this MOTION. All
Commissioners voted Aye.
Mayor Horton stated that he was overwhelmed and was at a
loss for words for a minute or so, but he then thanked
Commissioner Genovese, Elaine Roberts and the entire
Commission for their work in preparing this document.
Reports - Boards and Agencies of the Town
(a) Board of Adjustment
- Mrs. Roberts stated that the
Board of Adjustment has been
meeting quarterly and their next meeting will be in
April.
(b) Code Enforcement Board - Mrs. Roberts stated that
the Code Enforcement
Board still had one vacancy and she has had a call
from a gentleman who lives in Ambassadors South, who
is possibly interested. Their next meeting is on
March 18, 1981 at 9:30 A.M.
(c) Community Appearance Board - Mrs. Roberts stated that
this Board has two vacancies
and they have recommended that Dominick Conte be a reg-
ular member to fill Norman Hile's unexpired term, and
Mrs. Doris Rome to be a first alternate for a period of
one year.
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Minutes Highland Beach
Town Commission
• Regular Meeting
March 3, 1981
Page 4 of ~2
MOTION by Commissioner Genovese and seconded by Commissioner
Basso that Mr. Dominick Conte be appointed as a regular member
for a term to end in March 1982. All Commissioners voted Aye.
MOTION by Vice Mayor Storm/Commissioner Blosser that Mrs. Doris
Rome be appointed as first alternate for an interim period and
then for a one year term until July 1982. All Commissioners voted
Aye.
(d) Financial Advisory Board - This Board will be meeting
again on March 20, 1981 as
per Vice Mayor Storm's statement above.
(e) Housing Board of Adjustment & Appeals - Mrs. Roberts
said that
this Board is now meeting quarterly and will meet next
in April. They still have vacancies on this Board.
(f) Planning Commission - Mrs. Roberts said that the
Planning Commission had sent
a letter of transmittal with the basic Emergency Operation
Preparedness Plan attached. Mrs. Roberts said that the
• next step would be for the Town Commission to set a
Public Hearing on that Plan. This Board will be sub-
mitting changes to the Zoning Code to the Town Commission
also.
Mayor Horton stated that the Public Hearing could be set
in conjunction with the Regular Meeting in April.
MOTION by Commissioner Blosser/Commissioner Basso that the Public
Hearing concez~zing the Emergency Operation Preparedness Plan be
set for 1:20 P.M. on April 7, 1981. All Commissioners voted Aye.
Mrs. Roberts continued by saying that the Planning Commission
would be meeting on March 11 at 10:00 A.M. The Commission
is desirous of obtaining the services of a Planning Consultant
but needs further information from Mr. Sliney, so Mr. Sliney
and Mr. Hamzik have been invited to attend their meeting on
March 11, 1981.
(g) Police Committee - Mr. Lowell Blum, Chairman of the
Police Committee, reported that
the members of this Board approved the suggestion to
ask the Town Commission to adopt an ordinance forbidd-
ing parking on AlA and adjacent properties at all times.
The only exception would be construction and/or emerg-
• ency parking.
Minutes Highland Beach
Town Commission
Regular Meeting
March 3, 1981
Mr. Blum further
Workshop Meeting
Police Department
which the proper
Town Commission.
Page 5 of 12
stated that they will be holding a
to hear a representative from the
regarding certain requests, after
recommendations will be made to the
Discussion took place regarding the proposed ordinance
regarding parking and Mrs. Roberts said that she would
draw up this ordinance.
(h) AlA Study Committee - Mrs. Roberts said this Committee
was winding down and she is
expecting a report from them. This Board has approved
the bulge and storage turn lanes in the vicinity of
Boca Hi as far north as Parker. Parker is also inter-
ested in storage turn lanes as well and these possib-
ly could be an extension of the above.
Reports - Representatives Re:
•
(a) Metropolitan Planning Organization - Don Wilson -
Mrs. Roberts -
reported that Mr. Wilson attended the MPO meeting in
February and under her reports she will bring up the
Resolution that the MPO has asked the municipalities
to pass urging that the state provide more road fund-
ing for South Florida.
(b) South Florida Water Management District - Mr. Frank
Carberry and Mayor
Horton spoke of
Mr. Carberry's letter of resignation inasmuch as the
need for contact with the South Florida Water Manage-
ment District was behind us. Mayor Horton read this
letter for the record.
Discussion took place regarding Mr. Carberry's letter
and it was the consensus of the Commission to keep Mr.
Carberry's letter in abeyance. Mr. Horton will so
notify him.
Reports - Town Attorney
•
Mr. Sliney reported that the Van Lennep case was decided
in favor of the Town, after approximately ten years of
litigation. He further reported that he had received a call
from Mr. Hilly, Attorney for Ocean Properties and John
O'Grady, saying he could not attend today's meeting and re-
quested their matter be postponed until the next meeting.
Minutes Highland Beach
Town Commission
Regular Meeting
• March 3, 1981 Page 6 of 12
Mr. Sliney then said that Mrs. Roberts had received a
letter from Mr. Ed Cohen, of Tylander, deClaire & Sliney,
concerning the negotiation of the Regency Highlands
Associates #2 case. The Regency desires to settle this
matter in the amount of $850.00
MOTION by Commissioner Genovese/Commissioner Basso that the Town
Commission authorize Mr. Sliney to settle this case for the sum of
$850.00 and close it forthwith. All Commissioners voted Aye.
Reports - Town Manager
Mrs. Roberts reported that the Palm Beach Municipal League
met on February 19 in Boca Raton; Treasure Coast Regional
Planning Council will be meeting next week in Stuart; the
Safety Committee met on February 18; the AlA Study Committee
met on February 10 and other meetings were held
at the Water Plant, with Mr. Bill Burson of Southern Bell
Telephone; with Mr. Edward Neun of Florida Public Utilities;
with Roy Simon; Lou Martin, Delray Beach Utility Director;
Dalton Place residents; regarding Arturo's Restaurant and
the Area Planning Board regarding the Local Government
Planning Act.
Correspondence received was a copy of the Palm Beach County
Comprehensive Plan; and from Villa Magna regarding a contin-
uation of a previous meeting held with them.
MOTION by Commissioner Genovese/Commissioner Basso that the matter
be continued to some appropriate date to all parties concerned.
All Commissioners voted Aye.
Mrs. Roberts then said that Mr. Ahern, Project Manager for
Villa Magna, had contacted her regarding the placement of
construction trailers on the west property of Jamaica Manor.
She informed Mr. Ahern that he should contact Mr. Hamzik and
he should also get permission from Jamaica Manor in writing.
Mayor Horton said that a recommendation from Mr. Hamzik
should be received before giving Mr. Ahern permission to do
this.
Mrs. Roberts then spoke of a letter received from Peabody
& Childs, Architects for Hidden Harbor, requesting some
changes in their plans as to what was approved before.
Mrs. Roberts stated that action would need to be taken by
the Commission. Mayor Horton stated that Mr. Hamzik should
furnish the Commission with his recommendations and it can
be discussed further at the Workshop Meeting on March 31,
• 1981.
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Minutes Highland Beach
Town Commission
Regular Meeting
March 3, 1981
Page 7 of 12
Mrs. Roberts then spoke about the .deepening of the Intracoastal
by Hidden Harbor and their request to the Corps of Army
Engineers. Mrs. Roberts supplied the Commission with a lot
of detailed information regarding the way prior Commissions
felt about deepening the Intracoastal, as well as corres-
pondence to the Treasure Coast Regional Planning Council.
Delray Beach was likewise against the proposed deepening
study in 1978.
After discussion, the consensus was to go along with what
the Commission said in 1979 (August) and that was to refrain
from doing any deepening of the Intracoastal.
Mrs. Roberts said that a recommendation had been received
from Mr. Sliney regarding outstanding water and sewer
deposits which the Town was never able to reimburse to the
depositors. The total amount was $2,338.00 which is re-
commended to be retained by the Town.
C
Mrs. Roberts also reported on action by the Department of
Transportation regarding the pyramid buttons at Trafalgar.
These buttons are quite dangerous and are not permitted by
the DOT. They have now been removed.
Mrs. Roberts told of an inspection by a representative of
the Florida Department of Labor and the safety corrections
they recommended, that the Town is complying with the
Resolution which purchased the sewer system, whereby it
was necessary to insure the utility. She also spoke of a
report received from the Area Planning Board regarding the
census population figures.
She asked the Commission if they wished to discuss the
proposals for the landscaping and parking for the new
Municipal Center. This will be discussed at the Workshop
Meeting on March 31st. She also said that she had scheduled
the bid opening for the building only for that same day if
it met with the Commission's approval.
Mrs. Roberts said that she had distributed her Annual Report;
copies of the Del Trail budget have been received; and she
had a visit from Bill Burson, Southern Bell, with the infor-
mation that Highland Beach will be listed on the front cover
of the Delray Beach directory and on the inside of the Boca
Raton directory. In addition, Mr. Burson informed Mrs.
Roberts that all of the people in Aberdeen Arms and Dalton
Place will be listed in both the Boca Raton and Delray
Beach directories.
• Mrs. Roberts then reported on the following departments:
Minutes Highland Beach
Town Commission
• Regular Meeting
March 3, 1981 Page 8 of 12
Building - A temporary C/O was issued to the north tower
of the Townhouses of Highland Beach and
$75,000.00 was collected in a performance bond. A permit
was issued for Hidden Harbor Pavilion Recreation Building
on the east side of AlA for $199,000.00 value.
Mrs. Roberts said that Mr. Hamzik had attended the Building
Officials' Conference in St. Petersburg last week.
Finance - Monies collected in this department were:
Court - $1,142.00; Florida Power & Light -
$6,042.00; investment earnings - $13,015.00;
taxes - $416,082.00 through February (balance due is
$59,034.00). No money was received from the Road & Bridge
Fund - there is still an outstanding amount of about
$3,500.00. Mrs. Roberts reported that the State Department
of Business Regulations had been paying Delray Beach for
the liquor license at the Holiday Inn since 1973. This money
has now been recovered in the amount of $5,985.00. Future
monies will be paid to the Town (not to Delray).
Mrs. Roberts further reported that a settlement was received
• from Florida Power & Light for the Well Field problems in
October which amounted to $358.00. Connection fees were
collected from Coronado Development for 336 units - water
in the amount of $134,400.00 - and sewer connection fees
in the amount of $168,000.00. This has been invested for
30 days for the water fees at 16% and 60 days on the sewer
fees at 15 i%.
Discussl-on took place as to whether this money should be used
to retire the $800,000.00 which was borrowed to pay for
the sewer system or use the earnings from the investments
to pay off the revenue bond. The consensus was to keep this
money in the bank at the interest rates quoted above.
Commissioner Genovese, at this time, praised Mrs. Roberts
for all the work she does on behalf of the Town.
Health - Mrs. Roberts then reported on a letter received
from Dr. Harry Weiss, Health Officer, after
having inspected a piece of property in Town.
Maintenance - Mrs. Roberts said there was nothing special
to report about this department but they are
constantly busy.
Police - Mrs. Roberts said that the monthly report showed
quite a substantial amount stolen from Holiday
Inn guests in a robbery on February 24, 1981. She stated
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Minutes Highland Beach
Town Commission
• Regular Meeting
March 3, 1981 Page 9 of 12
that the Holiday Inn did not seem to be too concerned
about their guests. She also said that the concrete table
she donated to the Town was stolen from the backyard and
one of the benches along the bike path was missing.
She attended a C.D.C. Meeting this morning in Delray Beach.
She said that our policemen were more than willing to
give talks at the various condominiums in Town concerning
Crime Watch Awareness.
Town Clerk - Mrs. Roberts reported that this department
has been busy preparing the qualifying forms
for the Municipal Election in May.
Public IItilities and Works - Mrs. Roberts reported that
' the water consumption was
down from last month, partially due to the fact that January
has 31 days and February only 28. She stated that she had
given the Commission a copy of the proposed revision to the
Water Plant Operator's contract. This item will be placed
on the agenda for the Workshop Meeting on March 31, 1981.
Mrs. Roberts said that the strobe light and audio alarm
were installed in Lift Station #1. She said the new re-
placement pump was installed free of charge about two
weeks ago.
Correspondence was received from the engineers request ing
from the Commission an approval for their proposal for
modifications for Lift Stations 4 and. 5. Mrs. Roberts rem
commended that an increased figure of $7.00 be set for the
proposed monthly sewer charge, in order to pay the increased
charges from the City of Delray Beach. She said she would
draw up an ordinance amending the whole section in Chapter
23. This can then be discussed at the Workshop Meeting on
March 31, 1981. Mrs. Roberts also mentioned the January
monthly report from Carl Howard.
Mrs. Roberts stated that the Bel Lido bridge resurfacing
had been completed and Mike Walther of Strock Engineering
asked that the rest of the money be released. Commissioner
Basso objected, saying there was still a niche on the south
side of the bridge which should be sealed.
Mrs. Roberts asked the Commission if the money could be re-
leased if this item is corrected to her satisfaction.
She said the guardrails' relocation should be started today.
• Mrs. Roberts then informed the Commission that the teramycin
was just about gone and she wanted to know if more should
Minutes Highland Beach
Town Commssion
• .Regular Meeting
March 3, 1981 Page 10 of 12
be ordered. Discussion took place with Mrs. Roberts stating
that she would check into the matter to see just what good
the injections do.
She then spoke of the free paving Westberry did for the
Town where the driveway meets AlA. They did this while
they were doing other work for the Town. Mayor Horton re-
quested Mrs. Roberts to ask the Building Official if wider
flares or arcs could be paved when driveways are being
built. She said that was a matter for the Department of
Transportation and she would contact Paul White of their
Permit Division.
Commissioner Basso brought up the subject of the property
across from St. Lucy's Church where walls are left stand-
ing and could be very dangerous. Mr. Sliney stated that
could be a matter for the Code Enforcement Board.
Proposed Ordinance
Proposed Ordinance No.
• Mr. Sliney began reading the
with Commissioner Genovese,
Blosser also taking turns in
- Cable TV Franchise - First
Reading - February 3, 1981
Cable TV Franchise Ordinance
Kayor Horton and Commissioner
reading.
MOT~gN by Commissioner. Genovese and seconded by Commissioner
Blcisser that the Franchise be granted in accordance with the read-
ing of the ordinance. In polling the Commission, the vote was
as follows: Mayor Horton - Aye; Vice Mayor Storm - Aye;
Commissioner Basso - Aye; Commissioner Blosser - Aye; and
Commissioner Genovese - Aye.
Items Left Over from the Workshop Meeting
Mrs. Roberts read a letter from Mr. Sliney concerning
the CATV constituting a business in Town. His opinion
was that it would not be in violation of the codes.
Mayor Horton stated that most of the items left over from
the Workshop Meeting had already been discussed. However,
Mr. Sliney did make a report concerning the "Friends of
the Library" saying that he felt it would be up to the
interested parties to hold their organization meeting and
select their Directors and Officers. Mayor Horton said
that a Library Board would be appointed to act as a liaison
between the "'Friends of the Library" and the Commission
• since they will be using the Town Hall facilities. This,
though, will come later.
Minutes Highland Beach
Town Commission
• Regular Meeting
March 3, 1981 Page 11 of 12
Mrs. Roberts said she was seeking approval for two
expenditures at the water plant - $1,200. to install
a concrete pad under the two spiractors and $1,000. to
repair the doors and jambs in the plant's main building.
MOTION by Vice Mayor Storm/Commissioner Genovese that the above
two expenditures be approved. All Commissioners voted Aye.
Mrs. Roberts then asked for Commission approval of the
expenditure for the engineering services for Lift Stations
4 and 5. A detailed breakdown is general engineering
services in the amount of $4,900. and resident inspectors -
$1,900.
MOTION by Vice Mayor Storm/Commissioner Basso that the above
expenditure be approved. All Commissioners voted Aye.
Discussion took place regarding a letter from Del Trail
regarding hose cabinets in condominiums. Mrs. Roberts
will submit her recommendations to the Commission re-
garding the revision of Chapter 10 of the Code - Fire
Prevention.
Mrs. Roberts then spoke of the Resolution requesting that
the funding levels be increased for South Florida. as per
the MPO request.
Resolution No. 417 - A Resolution of the Town of Highland
Beach, Florida, in support of Reso-
lution MPO-3-81 of the Metr~olitan Planning Organization
for the West Palm Beach Urban Study Area
Resolution No. 417 was read in full by the Town Clerk.
MOTION by Commissioner Basso and seconded by Commissioner Blosser
that this Resolution be adopted as read. All Commissioners voted
Aye.
Bills for Approval
Mrs. Roberts presented the bills for approval.
MOTION by Vice Mayor Storm/Commissioner Blosser that the bills
be approved for payment. A11 Commissioners voted Aye.
Mr. M. H. W. Dent, a Town resident, then addressed the
Commission, talking about such things as: finances;
Cable TV Franchise; Boat Time-Sharing; the Sewer System
• and the palm trees.
•
Minutes Highland Beach
Town Commission
Regular Meeting
March 3, 1981
Page 12 of 12
MOTION by Commissioner Genovese and seconded by Commissioner
Blosser that the meeting be ADJOURNED. Time - 4:40 P.M.
APPROVED : r---7 +
Louis Horton, Mayor
ATTEST:
~-~ ~ ~f
~~~L.-~~
~' Clerk
yDATED: March 24, 1981
Har ld C~torm, Vice Mayor
~~~
,aonry/J, Sasso, comm.
Mary I;o~uise G~ tBl~ o ser, Comm.
_ , ~~
~n
Peter J Genovese, Comm
•