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1981.01.06_TC_Minutes_Regular r. TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission Regular Meeting January 6, 1981 1:30 P.M. Mayor Horton called the Regular Meeting to order 6, 1981. Those in attendance were: Mayor Louis Harold C. Storm and Commissioners Mary Louise G. and Peter J. Genovese. Also in attendance were: Town Manager; Thomas E. Sliney, Town Attorney any Clerk. Pledge of Allegiance at 1:30 P.M. on January Y. Horton, Vice Mayor Blosser, John J. Basso Elaine W. Roberts, 3 Jane E. Barker, Town Approval of Minutes November 19, 1980 - Special Meeting November 25, 1980 - Special and Workshop Meetings December 2, 1980 - Regular Meeting MOTION by Vice Mayor Storm/Commissioner Blosser that the minutes be • approved as written. All Commissioners voted Aye. Public Requests and Comments Mr. M. H. W. Dent, a Town resident, addressed the Commission and talked about the Bel Lido Bridge repaving and the one bid received (Mayor Horton informed him that two more bids would be obtained) and the gap at the abutment of the Bridge. Reports - Town Commission (a) Mayor Louis Y. Horton - Mayor Horton brought the Commission up to date regarding the water plant expansion progress and explained about the problem suffered at the water plant the night before. He also stated that the operator's new assistant would be starting to work immediately and would work from 5:00 P.M. to 1:00 A.M. Commissioner Basso informed Mayor Horton that he was doing a terrific job of looking after the water plant, however, Commissioner Basso felt that a Water Board or Water Commission should be established. Commissioner Genovese agreed with Commissioner Basso in that he thought Mayor Horton was doing such a good job, however, • he did disagree that a Water Board should be established. Minutes Highland Beach Town Commission Regular Meeting • January 6, 1981 Page 2 of 11 (b) Vice Mayor Harold C. Storm - Vice Mayor Storm reported that the Finance Committee will be meeting within a week or ten days. A continuing study of salary schedules and fringe benefits in surrounding towns is being conducted, Vice Mayor Storm said. He also said that he will be attending a "208" Committee Meeting on Wednesday, January 14, 1981 in West Palm Beach and that investment earnings in December amounted to $18,637.19. (c) Commissioner John J. Basso - No report. (d) Commissioner Mary Louise G. Blosser - Commissioner Blosser stated that she will be working on fire safety and hopes to be able to discuss the "Friends of the Library" at the Workshop Meeting. (e) Commissioner Peter J. Genovese - Commissioner Genovese reported on the Holiday Inn case and asked that it be held in limbo for a week, until the attorney for John O'Grady and Holiday Inn would be available. • Commissioner Genovese then announced that the Court has dismissed the appeal in the boat case, however, another 30-day waiting period must pass before the escrow money can be turned over to the Town. Commissioner Genovese then spoke of Officer Kent Gilpin resigning from the Police Force and how Chief Jones has been seeking resumes for another officer. Commissioner Genovese went on to speak of the Police Commission that was reactivated and appointed by Resolution at a Special Meeting last week. MOTION by Commissioner Genovese that the following three members be appointed to the Police Commission--Mr. Lowell Blum, Mr. Edward I. H. Bennett and Dr. Lester A. Sonking. Commissioner Basso seconded this MOTION. Viee Mayor Storm brought up the question of how the Police Commission would enter into the matter of salaries and how this would affect the Finance Committee? Much discussion took place regarding this subject when • An AMENDED MOTION was made by Commissioner Genovese and seconded by Commissioner Basso that the original MOTION be AMENDED to include the Resolution which was originally adopted in October of 1975. All members of the Commission voted Aye. Minutes Highland Beach Town Commission • Regular Meeting January 6, 1981 Mayor Horton then stated that up for discussion was Page 3 of 11 An AMENDED MOTION which proposes the appointment of three individuals to the Police Committee and the Police Committee's activities to be spelled out in accordance with the Resolution adopted in October of 1975. All Commissioners voted Aye. Mayor Horton stated that Officer Gilpin was with the Town only a month and it was felt that there was dissatisfaction on both his part and the Chief's part. It is hoped, Mayor Horton said, that terminating this relationship would be for the best. The new man whom the Chief interviewed could receive clearance promptly and the force brought up to full strength. Attorney Sliney felt that there was no need to read the Resolution concerning the Police Committee; merely, change the date. • Reports - Boards and Aqenicies of the Town (a) Board of Adjustment - No report. (b) Code Enforcement Board - Mrs. Roberts stated that Mr. Roehner was called out of Town very suddenly; their next meeting will be on January 21, 1981 at 3:00 P.M. and they still have a second alternate vacancy. (c) Community Appearance Board - Mrs. Roberts said that there is still one alternate vacancy on this Board - their next meeting will be January 29, 1981. (d) Financial Advisory Board - Mayor Horton stated that Vice Mayor Storm had already discussed this Board. (e) Housing Board of Adjustment & Appeals - Mrs. Roberts said that their next meeting will be January 14, 1981 at 9:30 A.M. She said that this Board had three vacancies. • (f) Planning Commission - Mrs. Roberts stated that this Board had recommended that Mrs. Ruth Wagy be appointed as Alternate #2. Minutes Highland Beach Town Commission Regular Meeting • January 6, 1981 Page 4 of 11 MOTION by Commissioner Blosser/Commissioner Basso that Mrs. Ruth Wagy be appointed as Alternate #2 to the Planning Commission. All members voted Aye. Mrs. Roberts said that Mr. Art Nicholson, Chairman of the AlA Study Committee, was present. Mr. Nicholson said that the Committee has held two meetings; one being an Organizational Meeting and the other was with DOT when they announced that the 4-laning of AlA would not take place. Reports - Representatives Re: (a) Metropolitan Ping. Organization & Transportation (Don Wilson) Mrs. Roberts read Mr. Wilson's report for the record. (b) South Florida Water Management District (Frank Carberry) Mayor Horton reported on the District work regarding a final report of the success of the WET. Group last year. Mrs. Roberts • said that they will submit the report by the middle of January. Reports - Town Attorney Mr. Sliney stated that Commissioner Genovese had already touched on several items that he has been working on. He said that the pending matter of litigation with Regency Highland has had a Motion for Setting for Trial, which will probably be some time in the Spring. He also will have material ready for the Workshop Meeting regarding "Friends of the Library". The brief in the Van Lennep case has been filed. Mrs. Roberts announced that one of the auditors was sick and the audit report would not be presented today. Items Left Over from Workshop Meeting of December 30, 1980 80.68 Rectuest from Urbanetics of Florida, Inc. Mr. Hamzik, Building Official, stated that this concerned the property just north of the Ambassadors South which was discussed at the Workshop Meeting last week. Mr. Brand, of Urbanetics of • Florida, Ltd., had requested permission to erect a sales trailer on this property and Mr. Digby Bridges of Baker, Ammann & Whitney, had the plans for the trailer and the landscaping to show to the Commission. Minutes Highland Beach Town Commission . Regular Meeting January 6, 1981 After further discussion, Mayor Horton called for a Page 5 of 11 MOTION to the following. effect. That the Town Commission approve the placement of a sales trailer on the Urbanetics property subject to several restrictions: 1. that the permit be issued for six months; 2. that the sign be approved by the Community Appearance Board; 3. that the current building on the property be demolished before any other work starts; 4. cash bond in the amount of $25,000.00 be posted with the Town and; 5. the easement at the south end of the property be put in at this time in order for the prospective customers to use it as a viewing sight for the ocean. This easement would be to the coastal construction line. Commissioner Genovese made this MOTION with Commissioner Basso seconding this MOTION. All Commissioners voted Aye. Mayor Horton was informed that the Schuberts were in the audience and he read their letter of December 23, 1980 regarding the Healy development for the record. • Commissioner Genovese spoke of Mr. Schubert's letter, stating that this matter had been under discussion for about six months and he could not see anything wrong in Healy's request. Mayor Horton stated that all items mentioned in Mr. Schubert's letter were not new, having all been considered previously. MOTION by Commissioner Genovese and seconded by Commissioner Basso that the letter be dismissed and placed on file. Mr. James Schubert then requested that he be allowed to speak and the meeting was interrupted while he did so. Mayor Horton asked Mr. Sliney if he had any further questions and Mr. Sliney replied in the negative. In polling the Commission on the above MOTION, the vote was as follows: Mayor Horton - Aye; Vice Mayor Storm - Aye; Commissioner Blosser - Aye; Commissioner Genovese - Aye; Commissioner Basso - Aye. The vote was unanimous. Reports - Town Manager • Mrs. Roberts reported on meetings that she attended in December - Palm Beach County Municipal League in Belle Glade; the Executive Board will be meeting on January 7th at 9:30 A.M.; Treasure Coast Regional Planning Council will be meeting in Stuart On Minutes Highland Beach Town Commission • Regular Meeting January 6, 1981 Page 6 of 11 January 16th and the Safety Committee for the Town will be meeting on Friday, January 9 at 10:00 A.M. She further reported that the AlA Study Committee met on December 4th and again in the middle of the month with the Planning Commission. Other meetings held during the month were: Financial Advisory Board; the auditors; the attorneys; Community Appearance Board; regarding sewer system purchase; Healy people and with Delray Beach representatives concerning the sewer charges. Correspondence was received from:. Mr. Soll Roehner, Federal Emergency Management Agency; Department of Transportation regarding a "No U Turn" sign; Representative Jim Watt and Richard Shalla, who had a problem with water discoloration. Mrs. Roberts then asked the Commission if they wanted her to apply for more money for planning projects. This notification was received from the Department of Community Affairs in • Tallahassee. Mrs. Roberts stated that she had a sample Resolution which could be read and adopted. This matter was discussed at some length among all the Commissioners when a MOTION was made by Commissioner Basso and seconded by Commissioner Genovese that the Town proceed with whatever work is necessary to apply for these funds. Mrs. Roberts then read the Resolution requesting these funds. Mayor Horton then stated that the MOTION had been made that the Resolution as read be passed. Mayor Horton stated that he heard one vote. Mayor Horton then restated that the original MO'T'ION was that the Resolution. which would allow them to apply for funds be adopted. Once again, the matter was confusing and Mayor Horton tried to straighten the matter out. After another voice vote, he stated that he heard a three to two vote defeating the Resolution. After this a five minute recess was declared. Time - 3:10 P.M. • Mayor Horton reconvened the Regular Meeting of the Town Commission at 3:17 P.M. Minutes Highland Beach Town Commission Regular Meeting January 6, 1981 Page 7 of 11 Mrs. Roberts stated that she had spoken with Roy Simon today regarding the new Municipal Building and the bid package should be out within the next couple of weeks. He did not recommend a sprinkler system because if it went off accidentally, it would ruin all the books. Mayor Horton agreed with this inasmuch as the fire department is next door. Mrs. Roberts reported on the following departments: Building - One temporary certificate of occupancy was issued for one apartment only in a building near the Bel Lido entrance. Building permits were issued for Villa Magna for 92 apartments plus one for the manager and for the York Group for 27 apartments at a value of $2,405,000. Mrs. Roberts stated that Fran Hamzik took a course which will help him in his job; Glenn Owens has been watching the bike path closely; a letter was received from the Community Appearance Board listing their continuing problems with the trees that were due to be moved to Parker East. • Finance - Court money collected through November was $636.00; Florida Power & Light for December was $7,559.00; taxes collected so far amount to $129,866.00; road and bridge money - $14,849.00 and a final grant payment for $481.70 was received for the Planning Grant for F.Y. 79-80. The Bond Issue payment for 1979 was made on December 1, 1980. Health - No report Maintenance - Mrs. Roberts said that Michael and Larry have been painting the benches and will then paint the .hydrants', after which the Del Trail Fire District will color-code them. Police - Another breaking and entering was reported at Holiday Inn as well as one at Mr. Meadows' house. Mrs. Roberts said that the C.D.C. meeting scheduled for today had been postponed until next week. Work on the 911 system is proceeding on schedule. Mrs. Roberts reported that Chief Jones had bronchitis and would be out for two or three weeks. The new police car is ready to r Minutes Highland Beach Town Commission • Regular Meeting January 6, 1981 Page 8 of 11 be picked up; Officer Maher was taking one of the cars to Gabriel Communications today; and Mrs. Roberts will be meeting with the Sgt. and Police Officers on January 7th. Water and Sewer - Water consumption is up - over 29 million gallons. Mrs. Roberts said that there have been several coordinating meetings at the Water Plant; Well #6 has been approved and certified by the Board of Health and the pumps for Well #s 4 & 5 have been rephased. Mayor Horton then said that at this time, the Commission should agree to an extension on the AECOA contract for a month. MOTION by Vice Mayor Storm/Commissioner Blosser that the AECOA Contract be extended until February 4, 1981. All Commissioners voted Aye. Mrs. Roberts reported completion of the sewage system purchase - the first payment being made on December 17, 1980 to Mr. Delaney and the second payment was mailed yesterday to Mr. Urbanek c/o Mr. David Dickinson, his Attorney. Carl Howard's monthly report has been put on the clipboard, Mrs. Roberts said, and she has requested three bids and specs in writing for the repaving of the Bel Lido bridge. Fifty more trees were ordered and there are now only forty-two left. PROPOSED ORDINANCES (e) Proposed Ordinance No. Cable TV Franchise Mr. Sliney had submitted a draft copy of a TV Franchise Ordinance and felt that it should be discussed very thoroughly with the Commission making any and every change they desired before reading this ordinance for the first time. Commissioner Basso took the proposed ordinance page by page and made his suggestions as to changes. Much time was spent discussing all details, after which Mr. Sliney was instructed to make these changes and re-submit it to the Commission. Minutes Highland Beach Town Commission Regular Meeting January 6, 1981 Page 9 of 11 (a) Proposed Ordinance No. An ordinance of the Town of Highland Beach, Florida, amending Sections 9-2 and 9-3 of Chapter 9, of the Code of Ordinances entitled "Electrical Code". This proposed ordinance was read in full by the Town Clerk. MOTION by Commissioner Basso/Commissioner Genovese 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 Genovese - Aye; Commissioner Basso - Aye. (b) Proposed Ordinance No. An ordinance of the Town of Highland Beach, Florida, amending Sections 3-1 and 3-1.1 of Chapter 3 of the Code of Ordinances entitled "Air Conditioning Code". This proposed ordinance was read in full by Mayor Horton. MOTION by Vice Mayor Storm/Commissioner Genovese that this ordinance be adopted as read. In polling the Commission, the vote was as follows: Commissioner Genovese -Aye; Commissioner Blosser - Aye; Mayor Horton - Aye; Vice Mayor Storm - Aye; Commissioner Basso - Aye. (c) Proposed Ordinance No. An ordinance of the Town of Highland Beach, Florida, amending Sections 7-1 and 7-l.l of Chapter 7 of the Code of Ordinances entitled "Building Code". Mayor Horton read this ordinance in full. MOTION by Commissioner Basso/Commissioner Blosser that this ordinance be adopted as read. The Town Clerk polled the Commission and the vote was as follows: Commissioner Basso - Aye; Vice Mayor Storm - Aye; Mayor Horton - Aye; Commissioner Blosser - Aye; Commissioner Genovese - Aye. (d) Proposed Ordinance No. An ordinance of the Town of Highland Beach, Florida, amending Ordinance No. 391, which appropriated funds for the Fiscal Year 1979-80 which began October 1, 1979 and will end • September 30, 1980. I 1 Minutes Highland Beach Town Commission • Regular Meeting January 6, 1981 Page 10 of 11 This proposed ordinance was read in full by Mayor Horton. MOTION by Vice Mayor Storm/Commissioner Blosser that this ordinance be adopted as read by Mayor Horton. In polling the Commission, the vote was as follows: Mayor Horton - Aye; Vice Mayor Storm -Aye; Commissioner Blosser - Aye; Commissioner Basso - Aye; and Commissioner Genovese - Aye. (f) 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". Mayor Horton read this proposed ordinance by title only for a First Reading. (g) 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-l.l entitled "Amendments to the Standard Building Code". Mayor Horton read this proposed ordinance by title only which constitutes a First Reading. (h) 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. Mrs. Roberts read this proposed ordinance by title only which constituted a First Reading. Mrs. Roberts then announced that the Commission needed to take action on the letter from the engineers concerning Lift Station No. 2 - dated December 17, 1980. Mayor Horton explained that the existing flight submersible pump should be refurbished prior to installation, at an estimated cost of $2,570.00, plus freight. • Minutes Highland Beach Town Commission Regular Meeting January 6, 1981 Page 11 of 11 MOTION by Commissioner Genovese/Vice Mayor Storm that this expenditure be approved. All Commissioners voted Aye. Mr. Shalla's letter regarding his discolored laundry was discussed next. This was caused when the Elevated Water Tank drained due to an abnormal power condition causing sludge to get into the water system and discoloring their wash. Mayor Horton stated that he felt this would be a contingent liability and Counsel will look into this matter. Commissioner Genovese then complimented Mr. Sliney on the brief he prepared in connection with the Van Lennep property. Bills for Approval Mrs. Roberts presented the bill from Inter-County Construction in the amount of $202,259.70 for water plant construction work. • MOTION by Vice Mayor Storm/Commissioner Basso that this bill be paid. All Commissioners voted Aye. Meeting ADJOURNED at 5:00 P.M. APPROVED: ~: z . y ~. Louis Horton, Mayor ~l Harq~d C~/Stort~ Vice Mayor J. ~a~so, Commissioner ATTEST: i , Clerk Mar Louise Blosser, Comm. Peter J. novese, Commissioner DATED: January 29, 1981