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1981.02.03_TC_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission Regular Meeting February 3, 1981 1.30 P_M_ Mayor Horton called the Regular Meeting of the Town Commission 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 Jones and Jane E. Barker, Town Clerk. There were several people in the audience. Pledge of Allegiance Approval of Minutes December 17, 1980 - Workshop Meeting December 30, 1980 - Special and Workshop Meetings January 6, 1981 - Regular Meeting MOTION by Vice Mayor Storm/Commissioner Basso that the minutes be approved as written. All Commissioners voted Aye. Public Requests and Comments Mr. Harry Smith, Attorney with the firm of Smith and Mandler in Miami, representing Foundation Investments, Inc. for Villa Magna, addressed the Commission. Mr. Smith stated that he had appeared before the Commission previously on December 2, 1980 when the Commission approved ten cabana units. Mr. Smith said that the Town Commission had requested his client to go back to the Planning Commission for an additional six cabana units to determine if they met the setback require- ments. Mr. Smith said that the Planning Commission approved the additional six units yet he received a letter from Mr. Hamzik, stating this matter would be coming before the Town Commission again. Mr. Smith said that he was here today to answer any questions the Commission might have. Mrs. Roberts then gave a brief review of the case up to the present time, with Mr. Hamzik seeking clarification on the I Minutes Highland Beach Town Commission Regular Meeting February 3, 1981 Page 2 of 11 following: if classified as an accessory, are the additions in violation of the setback requirements; if it is a common recreational area, shall they be non-marketable? He is seeking clarification of the terminology to conform to the Town's Code. Mayor Horton then read for the record a memo from the Planning Commission to the Town Commission dated January 27, 1981 regarding Villa Magna, Lots 116 and 117. He also read a letter from Mr. Philip Colman, Developer of Villa Magna. Mr. Sliney was asked for his thoughts on the matter, however, he was unaware that this would be on the agenda for today's meeting and he requested more time to study the situation. Mr. Smith addressed the Commission again and discussion went on for over an hour, with Mr. Philip Colman also talking to the Commission. Mr. Sliney will research this matter more thoroughly and the meeting was recessed until 1:30 P.M. on • February 17, 1981. Public Requests and Comments (cont'd.) Mr. Hamzik stated that he had received a request from MTR concerning a seawall at Maravilla East. The owners were requesting a letter of no objection from the Town Commission. Mayor Horton stated that the Town has no jurisdiction over anything east of the coastal construction control line if a structure is involved. Discussion ensued after which Commissioner Genovese made a MOTION that the Town Commission saw no objection to this. This MOTION died for lack of a second. Commissioner Blosser stated that she has read quite a bit about erosion and has not read anything that approves of a seawall being placed that far east of the coastal construction line. • Mayor Horton stated that he hated to approve anything at this Minutes Highland Beach Town Commission • Regular Meeting February 3, 1981 Page 3 of 11 point, however, a letter could be written saying that on the basis of what we know at this time, we have no objection. Commissioner Genovese made a MOTION that on the basis of what we know at this time, we have no objection. Commissioner Basso seconded this MOTION. All Commissioners voted Aye. Reports - Town Commission (a) Mayor Louis Y. Horton - Mayor Horton reported that the water plant expansion seems to be goina~' pretty well. (b) Vice Mayor Harold C. Storm - No report. (c) Commissioner John J. Basso - No report. (d) Commissioner Mary Louise G. Blosser - No report. • (e) Commissioner Peter J. Genovese - Commissioner Genovese stated that he had been given a tour of the water plant by Mayor Horton and said that it had been quite educational. He went on to report that he was very happy that the Police Commission had been reactivated. A letter of commendation was written to Patrolman Maher for his good work re: a big drug raid that took place in Town last week. Reports - Boards and Ag'encies of the Town (a) Board of Adjustment - Mrs. Roberts stated that this Board had an organizational meeting in January. (b) Code Enforcement Board - Mrs. Roberts said they would be meeting on February 18, 1981 at 3:00 P.M. This Board still has a vacancy for Alternate No. 2. (c) Community Appearance Board - Mrs. Roberts said that this Board had recommended Mrs. • Giglio be appointed as a Regular Member and Mr. Conte appointed Minutes Highland Beach Town Commission • Regular Meeting February 3, 1981 as Alternate No. 1. No. 2 position. Page 4 of 11 This would leave a vacancy in the Alternate MOTION by Commissioner Basso/Commissioner Blosser that these appoint- ments be made as suggested. All Commissioners voted Aye. (d) Financial Advisory Board - No report. (e) Housing Board of Adjustment & Appeals - This Board held a quarterly meeting, Mrs. Roberts said, and have recommended that Mr. Vernon Kirby be appointed as a Regular Member for a term of three years. This Board also recommended that Mr. Leon Allen and Mr. Theodore Boepple, whose terms expire in March, be reappointed for a period of three years. MOTION by Vice Mayor Storm/Commissioner Basso that these three appoint- ments be made. All Commissioners voted Aye. • (f) Planning Commission - This Board will be meeting on February 11, 1981. Mr. Edward Sullivan had been appointed for a term ending July 1981. His term should end July 1983. MOTION by Commissioner Basso/Commissioner Genovese that Mr. Edward Sullivan be reappointed for a three-year term ending July 1983. (g) AlA Study Committee - Mrs. Roberts announced that this Committee was scheduled to meet Thursday, however, Mr. Don Wilson is ill and they will there- fore be meeting on Tuesday, February 10, 1981 at 9:00 A.M. This Committee will study the Boca Hi plans re: an AlA left hand turn lane. (h) Police Committee - Mr. Lowell Blum reported for the Police Committee, stating that they had held an organizational meeting on Monday, February 2, 1981. They recommended that Officer Henry Maher be cited for his excellent work in connection with the drug raid and the citation be placed in Officer Maher's personnel folder. Mr. Blum also reported • that Highland Beach will profit by what was seized in the raid. Minutes Highland Beach Town Commission • Regular Meeting February 3, 1981 Page 5 of 11 Reports - Representatives Re: (a) Metropolitan Ping. Organiz. & Transportation (Don Wilson) Inasmuch as Mr. Wilson is ill, Mrs. Roberts read his report for the record. (b) So. Florida Water Mgt. District (Frank Carberry) Mayor Horton reported receiving the So. Florida Water Mgt. District draft of the report regarding the WET Group Water conservation efforts. Comments from the Mayor and Town Manager were requested. Mayor Horton stated that the refined estimate of the decline in water consumption was 15/ per capita according to the SFWMD. This matter will be discussed further at the Workshop Meeting on February 24, 1981. Reports - Town Attorne • Mr. Sliney reported that a meeting had been held with Mrs. Roberts, Commissioner Genovese, the Attorney for Lauderdale Contracting and himself to see if this old matter could be settled. Their work was not satisfactory to the Town, they did not finish the job on time and the work had to be sub- dontracted. Money is still being held in dispute and an effort is being made to resolve this. This pertained in part to the water system expansion in 1974. He also stated that he had been working on the proposed Cable TV Franchise ordinance. Mayor Horton stated the proposed ordinances would be next. Proposed Ordinances (a) Proposed Ordinance No. - An ordinance of the Town of Highland Beach, Florida, granting a Franchise to Highland Beach Cable TV, a General Partnership, to construct, operate and maintain a cable television system in the Town of Highland Beach, setting forth conditions accompanying the grant of franchise, providing for a line extension formula, • and providing for Town regulation and use of the cable television system. Minutes Highland Beach • Town Commission Regular Meeting February 3, 1981 Page 6 of 11 Mayor Horton stated that on the first page of this proposed ordinance there was a blank for the name of the firm with which an agreement would be made. It was decided that a vote would be taken by the Commission to determine which firm would be chosen - Teleprompter or Highland Beach Cable TV - Mr. Gullett. Mr. Ashcraft of Teleprompter first distributed a letter to the Commission which Mayor Horton read for the record. The Commission then voted and the vote was three to two in favor of Highland Beach Cable TV - Mr. Thomas Gullett. Inasmuch as this is a franchise ordinance, it must be read in full two times. Mr. Sliney began reading the ordinance with all Commissioners and Mrs. Roberts reading portions of it. • MOTION by Commissioner Basso and seconded by Commissioner Blosser that this ordinance as read be approved at First Reading. In polling the Commission, the vote was as follows: Mayor Horton - Aye; Vice Mayor Storm - Aye; Commissioner Blosser - Aye; and Commissioner Basso - Aye. Commissioner Genovese had asked to be excused at the end of the reading of this ordinance and therefore was not present at the time of voting. (c) Proposed Ordinance No. - 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 "Amendments to the Standard Building Code". Mrs. Roberts informed the Commission of some changes in this proposed ordinance and it was read in full by Mayor Horton. MOTION by Commissioner Basso/Vice Mayor Storm that this ordinance be adopted as read. In polling the Commission, the vote was as follows: Mayor Horton - Aye; Vice Mayor Storm - Aye; Commissioner Blosser - Aye; Commissioner Basso - Aye. • Minutes Highland Beach Town Commission • Regular Meeting February 3, 1981 Page 7 of 11 (b) Proposed Ordinance No. - An ordinance of the Town of Highland Beach, Florida, amending Chapter 134 entitled "Housing" by changing the first paragraph to read "1979 Edition" instead of "1976 Edition". This ordinance was read in full by the Town Clerk. A question was raised by Mayor Horton and a change was made by adding the word "prior" just before the first "1978", in the first para- graph. MOTION by Commissioner Basso/Vice Mayor Storm that this ordinance be adopted as read with the above change. In polling the Commission, the vote was as follows: Commissioner Blosser - Aye; Mayor Horton - Aye; Vice Mayor Storm -Aye; Commissioner Basso - Aye. (d) Proposed Ordinance No. - An ordinance of the Town of Highland Beach, Florida, relating to officers and employees of the Town; providing for the defense • and indemnification of any officer or employee of the Town in any civil action against the officer or employee relating to his or her performance of duties; providing for codification; providing an effective date. This proposed ordinance was read in full by Commissioner Basso. MOTION by Commissioner Blosser/Vice Mayor Storm that this ordinance be adopted as read. In polling the Commission, the vote was as follows: Commissioner Basso - Aye; Vice Mayor Storm - Aye; Mayor Horton - Aye; Commissioner Blosser - Aye. Reports - Town Manager Mrs. Roberts spoke of one of the Regency Highland suits and a letter she had received from Ed Cohen of Tylander, deClaire and Sliney. Mr. Cohen was of the opinion that this matter should be settled out of Court and Mrs. Roberts sought the Commission's opinion on this. It was the consensus of the Commission that this matter be settled. Mrs. Roberts then spoke of the seized boat and how the money • from the boat would soon be ours, however, there is a 30-day Minutes Highland Beach Town Commission • Regular Meeting February 3, 1981 Page 8 of 11 appeal period. This appeal period will expire in the middle of February. Mrs. Roberts asked the Commission their wishes in regard to investing this money. She suggested it could be used for the new Municipal Center. Mrs. Roberts then stated that a Post Office Audit had been conducted this morning and both accounts were over. This sum will be held in Mrs. Roberts' office in case there is a shortage in the next audit. Mrs. Roberts said that the Department of Transportation had answered her letter requesting "No Parking" signs. The way the ordinance reads now is that there is no parking on the public right-of-way for any street, road or highway within the limits of the Town during the hours of 2:00 A.M. and 7:00 A.M. Mayor Horton stated that "No Parking" signs could not be installed until a new ordinance was drawn up, changing the above wording. Much discussion ensued regarding hours of • parking with all the construction in Town, with Mayor Horton suggesting that the signs be ordered and the matter referred to the Police Committee asking for their recommendations as to the hours of n~o parking. Mrs. Roberts reported the names of those who had been contacted regarding serving as original members to the "Friends of the Library". After much discussion, it was decided to obtain more names, have this group meet in an organizational meeting and have them choose those who would serve as an Advisory Board. This matter will be discussed further at the Recessed Meeting of the Commission on Tuesday, February 17, 1981 at 1:30 P.M. Mrs. Roberts continued with her report, saying that she was unable to attend the January meeting of the Palm Beach County Municipal League; the next meeting will be on February 19, 1981 at 8:30 A.M. in Boca Raton. She said that the Safety Committee would be meeting on February 13th at 10:00 A.M. The AlA Study Committee will meet on Tuesday, February 10, 1981. Mrs. Roberts continued stating that the most recent Florida Municipal Record had two good articles in it which the Commission would find worthwhile reading. She said that • Villa Magna people wanted to be informed of plans involving Minutes Highland Beach Town Commission • Regular Meeting February 3, 1981 Page 9 of 11 Holiday Inn; she had written to Representative Jim Watt regarding the Trim Bill; a notice had been received from Boca Raton re- garding a public hearing; and she spoke of the new Municipal Complex and the new Town letterhead. She then reported on the following departments: Building - An update of the status of building in Town has been received from this department. The dollar amount of building in 1980 was $58,059,000. Two temporary certificates of occupancy were issued to Trafalgar and Jim Schubert's house. No building permits were issued this past month. Finance - Monies received from taxes - $397,000; Road and Bridge Fund - $44,351.; Surety Bond - $25,000.; and from the Court - $832.; FPL Franchise check - $6,817.73. A 1972 bond issue payment was made in the amount of $21,405.00. • Mrs. Roberts said that the 3-months Financial Statement contains an itemizing of expenses for Highways and Streets for period ended December 31, 1981. Maintenance - This department completed painting of all the hydrants, and the utility pipes on the bridge. Police - Both the annual and monthly reports have been received, and a copy of each given to the Police Committee. Mrs. Roberts said that the memo regarding Officer Maher has been placed in his personnel file. She donated a concrete table to the Town which was placed in the back yard and she reported that it had been stolen. Town Clerk - Mrs. Roberts said that she and the Town Clerk have been setting up a schedule for the various meetings which are now being held in Town. She stated that the Town Clerk's flepartment reported an increase in notaries and Xerox business. Public Works:~nd Utilities - Mrs. Roberts said that a coordinating meeting had been held at the Water • Minutes Highland Beach Town Commission Regular Meeting February 3, 1981 Page 10 of 11 Plant, and the AECOA contract has been completed. The radio frequency has been granted by the FCC for a period of five years, expiring January 1986. Mrs. Roberts then reported on the sewage system and stated that ehe had requested a replacement pump for Lift Station #1 from Flyte Co. because of the many repairs needed for the present one. The Company honored the request and it will be shipped shortly. The Town Manager said she had received the recommendation from the engineers regarding the Bel Lido Bridge. After discussion, the Commission agreed to accepting $700.00 from B. K. Marine for their portion of the paving of the bridge; they would not accept an amount of $50.00 for replacing the sprinkler system but instead directed that the contractor repair it, and agreed the paving would be awarded to Carr Sod, with final payment to the contractor being withheld until the job is finished. • A bid from Westberry was received for X650.00 to pave the side streets where they meet AlA and fill in two holes: on Intra- coastal and Bel Air Drives. Mrs. Roberts asked the Commission if they would approve the U.S.G.S. agreement for continuing saltwater monitoring of the domestic water wells. MOTION by Commissioner Basso/Vice Mayor Storm that all of the above that had been discussed be approved. All Commissioners voted Aye. Commissioner Blosser brought up the subject of time-sharing for boats - this will be discussed further at the Workshop Meeting. Mayor Horton said that the recommendation from the Police Chief was that the Town Commission appoint Mr. John Oehl as the new police officer. MOTION by Vice Mayor Storm/Commissioner Basso that Mr. Oehl be appointed as the new police officer. All Commissioners voted Aye. The Commission will meet the new patrolman on February 17, 1981. Minutes Highland Beach Town Commission Regular Meeting February 3, 1981 Page 11 of 11 Mayor Horton asked where the Town stood with Ocean Properties, Inc. and Mrs. Roberts answered him. Mayor Horton also inquired about Mr. Shalla and Mrs. Roberts stated that Mr. Sliney was writing to him. Mrs. Roberts presented the bills for approval. MOTION by Vice Mayor Storm/Commissioner Blosser that the bills be approved for payment. All Commissioners voted Aye. Meeting RECESSED at 5:00 P.M. until February 17 1981 at 1:30 P.M. APPROVED•~ Louis / r1 L J Horton, Mayor rold C. Vice Mayor Commissioner J. ATTEST: G~.,.~.-j-,~~ ~ 'iC /L"-~ Clerk DATED: February 25, 1981 ~~ ~, ~~~ Ma Lo~C~e G. Blosser, Comm. ~/ Peter Genovese, Co sinner •