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1980.03.04_TC_Minutes_Regular TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission Regular Meeting March 4, 1980 1:30 P.M. Mayor Horton called the Regular Meeting to order at 1:30 P.M. Those in attendance were: Mayor. Horton, Vice Mayor Storm and Commissioners Blosser, Bauer and Genovese. Also in attendance were: Elaine W. Roberts, Town Manager, Police Chief Kenneth Jones and Jane E. Barker, Town Clerk. Helen Carpenter, Deputy Town Clerk, entered the meeting at 2:45 P.M. as Mrs. Barker had a dental appointment. Pledge of Allegiance At~proval of Minutes, as written January 22, 1980 January 24, 1980 January 29, 1980 February 5, 1980 Special Meeting Public Hearing Workshop Meeting Regular Meeting • MOTION by Commissioner Bauer and seconded by Commissioner Blosser that the minutes be approved as written. All Commissioners voted Aye. Public Requests and Comments Mr. Ted Naughton, representing the owner of Town Lots 106 and 107W, addressed the Commission and introduced Dr. Fred Blitstein, Consultant. Dr. Blitstein then explained that the applicant's property was not bulkheaded at this time and what they were seeking today was the right to coordinate their applications with the various state and federal agencies by placing their bulkhead at or near the mean high water line, being allowed to have a 25' setback area to the bulkhead to the south and placing a series of nine dolphin piles in the pocket. Mr. Hamzik, Building Official, stated that he thought the only problem involved in this would be Chapter 30 (Zoning), Section 5.14 (a) and Dr. Blitstein assured the Commission that this would not be the case. He said that dolphin piles could be placed there with chains which would prevent any boat from docking there. Dr. Blitstein stated that they would be mare than willing to put these • conditions in writing immediately. Minutes Highland Beach Town Commission • Regular Meeting March 4, 1980 Page 2 of 13 MOTION by Vice Mayor Storm/Commissioner Bauer that this application be approved provided that the stipulated conditions be put in writing. All Commissioners voted Aye by voice vote. Mr. Kenneth Slinkman, Attorney for Paul Hoffmann, addressed the Commission regarding the Resolution that the Department of En~rironmental Regulation requires from the Town and. the fact that their RPUD extension expires on April 3, 1980. Mayor Horton explained that at the Regular Meeting of the Town Commission on April 1, 1980, extension action could be taken. MOTION by Commissioner Genovese and seconded by Commissioner Blosser that Resolution No. 399, granting permission to Paul W. Hoffmann to do the necessary dredging and filling in connection with the Hidden Harbor project, be approved. • Mrs. Roberts stated that it is required that the biological assessment portion that the Department of Environmental Regulation gives to the Town be read into the record before the Resolution is adopted and Mrs. Roberts proceeded to do this. Mrs. Roberts also stated that the F.I.N.D. piece of property, located within this area, now belongs to Palm Beach County and because Paul Hoffmann is considering disturbing the F.I.N.D. property, Mrs. Roberts felt that Mr. Hoffmann should notify the County Commission. This will be done. Mayor Horton called for a voice vote for adopting Resolution No. 399 and the vote was unanimous in favor of adoption. Mr. M. H. W. Dent, a Town resident, addressed a few remarks to the Commission regarding Lots 106 and 107W. Reports - Town Commission (a) Mayor Louis Y. Horton - Mayor Horton announced that the Carlton House had won the Water Saver Award of the Month with a 45.2/ savings in water consumption. In presenting the award to Mr. Glantz from the Carlton House, Mayor Horton stated that he thought this was a tremendous effort on their • part. Minutes Highland Beach Town Commission • Regular Meeting March 4, 1980 Mayor Horton went on to say that he from Jesse Arney, our Water Plant O. quested that the Commission approve be terminated on July 1, 1980. Mr. Arkansas and has given the Town the as per his contract. Page 3 of 13 had had a visit this morning aerator. Mr. Arney had re- his request that his contract Arney has plans to move to necessary 120 days' notice, Mayor Horton stated that when the new water plant is in operation, more than one man will be needed because of the state requirement of sixteen hours a day of operation with over a million gallon a day capacity. Mayor Horton felt that possibly 2'~ to 3 men would be necessary and asked that Mrs. Roberts look into the idea of forming a Public Works Department, with both water and sewer departments under a Department Head. It was the consensus of the Commission that this would be the best idea and will be discussed in more detail in the near future. (b) Vice Mayor Harold C. Storm - No report. • (c) Commissioner Harry Bauer - Commissioner Bauer reported that the boat - the "Clamur III" has been sold. He also reported that the firemen and paramedics are now back in the remodeled building. (d) Commissioner Mary Louise G. Blosser - Commissioner Blosser said that she had attended the Census Bureau Meeting last week in Palm Beach and discovered that Highland Beach is on schedule but that the Pre- Census Local Review Board has been cancelled. The next meeting of the Census Board is March 18, 1980. (e) Commissioner Peter J. Genovese - Commissioner Genovese stated that a bond premium to cover the Commissioners during the time that the 1979 Bond Issue money was in the bank was found to be outrageously high so it was deter- mined that in place of the bond, they would require the signatures on three (3) Commissioners on each check and investments in con- nection with this money. This would protect the Commissioners and and the Townspeople. Minutes Highland Beach Town Commission Regular Meeting • March 4, 1980 Page 4 of 13 Reports of Boards and Agencies of the Town (a) Board of Adjustment - No report. (b) Code Enforcement Board - Mrs. Roberts said that the Code Enforcement Board had recommended to the Commission that they appoint Mr. Claude Nastri as a Regular Member to this Board. MOTION by Commissioner Bauer and seconded by Commissioner Genovese that Mr. Claude Nastri be appointed as a Regular Member of the Code Enforcement Board. The voice vote was unanimous in favor of adopting this MOTION. (c) Community Appearance Board - Mrs. Roberts stated that the Town Commission had been given a memo recommending that Mr. Norman Hile be appointed as a Regular Member of the Community Appearance Board - replacing Mr. Rex whose term of office had expired. • MOTION by Vice Mayor Storm/Commissioner Blosser that Mr. Norman Hile be appointed as a Regular Member of the Community Appearance Board. The voice vote was unanimous in favor of this MOTION. (d) Housing Board of Adjustment & Appeals - Martha Joy had been recommended as Alternate #1 to this Board, Mrs. Roberts said. MOTION by Commissioner Blosser/Commissioner Genovese that Mrs. Joy be appointed as Alternate #1 to the Housing Board of Adjustment & Appeals. MOTION was passed unanimously. (~) Planning Commission - Mrs. Roberts announced that the Planning Commission would be holding a Public Hearing on March 19, 1980 regarding the Hoffmann revised proposal and a Public Hearing on April 9, 1980 regarding Section 5.3 of the Zoning, which is non-commercial docks, etc. Reports - Representatives re: (a) Metropolitan Planning Organization & Transportation (Don Wilson) • Mr. Wilson reported that the two issues discussed most at last meeting were the Road Bond Issue and the Turnpike Toll. Minutes Highland Beach Town Commission Regular Meeting • March 4, 1980 Page 5 of 13 (b) South Florida Water Management District (Frank Carberry) Inasmuch as Mr. Carberry was not present, Mayor Horton stated that the water situation would have to be watched this month very carefully. He also said that Mr. Carberry has been most active with the WET Group. Reports - Town Attorney Mayor Horton reported that the Town Attorney was preparing for the second part of the Van Lennep case, which is scheduled for 9:00 A.M. tomorrow, March 5, 1980, and was not present at this meeting. Reports - Town Manager Mrs. Roberts informed the Commission that she had received a letter from Mr. Lewis Petzold, of Tylander, deClaire & Sliney, who is working on the Highland Beach Ambassadors Corp., advising that the hearing on the Town's Motion to Dismiss has been rescheduled for • Friday, March 7th - 9:30 A.M. - before Judge Hewlett. Mrs. Roberts reported that there was a Palm Beach County Municipal League Meeting in February in the new West Palm Beach City Hall. Chief Jones attended this meeting also. Correspondence received was from: the Municipal Self-Insurers Fund; a letter from a real estate agent in Boca Raton, asking for an access across the water plant site. MOTION by Commissioner Genovese end seconded by Commissioner Bauer that this request be denied. The voice vote was unanimous in favor of this MOTION. Mrs. Roberts stated that an answer had been received from the St. Petersburg Bank & Trust, confirming that the Town has $1,000,000 invested in a Certificate of Deposit, which expires May 29, 1980. Correspondence was also received from the Gulfstream Bank in Boca Raton, confirming the investments re: the Bond Issue money. Mrs. Roberts further announced three requests have been received from the Area Planning Board; one, asking the Town if they wished • to respond to an application from the City of Boca Raton re: repair work in Spanish River Park on the east shore of the Intracoastal. Minutes Highland Beach Town Commission - • Regular Meeting March 4, 1980 Page 6 of 13 The Commission had no objections to this and Mrs. Roberts was to inform the Area Planning Board. The next request, she said, was an application for federal funding assistance in the Airport Noise Control Program for West Palm Beach. It was the will of the Commission that the Town Manager write and report no objection. The next request was from the Metropolitan Planning Organization asking for a continuation of a Unified Planning Work Program. Vice Mayor Storm expressed his objection to the numerous requests. Mrs. Roberts stated that she would inform the Area Planning Board of the Commission's comments. Mayor Horton stated that it was the consensus of the Commission that the time has come that these grants be looked over very carefully before any approval is given. Mrs. Roberts then stated that the alterations have been completed • at the fire and police stations; a couch had been given to the fire department by Mr. Kemper; the Drexel Management building north of Ambassadors South had been painted and enclosed with a fence. Mrs. Roberts then reported that representatives from the Property Appraisers' Office were in Town Hall last Tuesday but not many people came in for help; the Town Manager's Annual Report is ready for anybody who wants it. Mrs. Roberts then reported on the various departments: Building Department - Permit fees collected so far to date are $99,444.50. The Building Department has issued a temporary C/O; and a demolition permit for Shoreland Norrine. A piling permit was issued for Villa Magna for ninety-two units and a permit was issued for the Clarendon seawall. Mr. Hamzik, Building Official, attended an Energy Audit Course in Miami and the Building Official and Inspectors Annual Conference in Daytona Beach, both in February. Finance Department - Mrs. Roberts reported on the monies collected • for the month of February: Gas Tax Rebate Minutes Highland Beach Town Commission • Regular Meeting March 4, 1980 Page 7 of 13 from the State - $104.00; Road and Bridge Fund - $32,191.00; Durbin Paper - Court money - $280.00; "Windfall" tax invest- ments - $1,709.49; Florida Power & Light Franchise - $5,178.00. The money received from the sale of the boat, after reimbursing the Town $4,477.00, was invested in a Money Market in the amount of $18,723.00, which expires on August 15, 1980 at an interest rate of 12.562/. Health Department - No report. Maintenance Department - The fire hydrants will now be checked quarterly by Del Trail rather than bi-monthly in order to conserve water. All the recommendations made by Del Trail after the last test were completed. Police Department - The monthly report from the Police Department has been received and Mayor Horton stated that it was a good report. Chief Jones attended a Hazardous • Materials Training Program on February 28th and Mrs. Roberts attended the C.D.C. meeting held this morning. Town Clerk - The qualifying dates for the Municipal Election on May 6, 1980 are March 6th through March 21st. Public Utilities and Works - Mrs. Roberts reported that the water consumption for the month of February was down by almost 2,000,000 gallons. Treated water was 23,906,000 and raw water was 23,656,000. Highland Towers' 4" water meter was converted to two 2" meters in February; work has been started on the hydrant replacement and relocation at south end of Town by Earl Harvel;requests for bids for the drain work at the Cul de Sac south end of Intracoastal Drive will be advertised this weekend. Mrs. Roberts stated that if the Commission had no objections to Able Fence Company of Pompany installing the fence at the Water Plant, she would so inform Ross, Saarinen, Bolton & Wilder, Inc. to proceed. Mrs. Roberts reported on the Bel Lido Bridge and it was decided to hold a Special Meeting on Thursday, March 13, 1980 at 9:30 A.M. to hear the report from Strock Engineering.. • Minutes Highland Beach Town Commission • Regular Meeting March 4, 1980 Page 8 of 13 Mrs. Roberts said that she had not yet received Carl Howard's monthly sewage system report. Correspondence from Mr. Sliney, addressed to Mr. McWilliams regarding purchasing of the sewage system, was received. Proposed Ordinance(s) (a) Proposed Ordinance No. 376 - Amending Ordinance No. 370 Limiting the Appointed Terms of the Members of the Various Boards and Agencies of the Town. This Ordinance was read in full by the Town Clerk. MOTION by Commissioner Genovese/Commissioner Bauer that this Ordinance be adopted. In polling the Commission, the vote was unanimous in favor of adoption. (b) Proposed Ordinance No. 377 - Amending Chapter 30, entitled • "Zoning" of the Code of Ordinances. This Ordinance was read in full by Mayor Horton, Commissioner Bauer, Commissioner Blosser, Commissioner Genovese and Vice Mayor Storm. MOTION by Vice Mayor Storm and seconded by Commissioner Bauer that this Ordinance be adopted. In polling the Commission, the MOTION was adopted unanimously. (c) Proposed Ordinance No. 378 - Amending Section 29-10, entitled "Water Use Rates and .Charges" of the Code of Ordinances. Mayor Horton announced that inasmuch as he was doing some more work on this Ordinance, action was tabled. Proposed Resolution(s) (a) Proposed Resolution No. 395 - A Resolution of the Town of Highland Beach, Florida, amending the signature requirement to three signatures on Account No. 102-161-843-1 "Water System Improvements Con- struction Fund" at Gulfstream First Bank & Trust, N.A., • University Office, Boca Raton. Minutes Highland Beach Town Commission • Regular Meeting March 4, 1980 Page 9 of 13 This Resolution No. 395 was read in full by the Town Manager. MOTION by Commissioner Blosser/Commissioner Genovese that this Resolution be adopted. Voice vote made the adoption unanimous. (b) Proposed Resolution No. 396 - A Resolution of the Town of Highland Beach, Florida, amending the signature requirement to three signatures on Account No. 102-161-842-3 "Municipal Complex Expansion Construction Fund" at Gulfstream First Bank & Trust, N.A., University Office, Boca Raton. Resolution No. 396 was read in full by the Town Manager. MOTION by Vice Mayor Storm/Commissioner Bauer that Resolution No. 396 be adopted. All Commissioners voted Aye. (c) Proposed Resolution No. 397 - A Resolution of the Town of Highland Beach, Florida, • requiring three (3) signatures of any of the Town Commissioners for investment of any monies concerning the 1979 Bond Issue. Resolution No. 397 was read in full by the Town Manager. MOTION by Commissioner Genovese and seconded by Commissioner Blosser that Resolution No. 397 be adopted. This Resolution was adopted unanimously by voice vote. (d) Proposed Resolution No. 398 - A Resolution of the Town Commission of the Town of Highland Beach, Florida, expressing its opposition to the withdrawal of the City of Boca Raton from the Southeastern Palm Beach County Hospital District; and requests serious consideration by the Board of Commissioners of the Hospital District to furnish additional satellite facilities of Bethesda Hospital to serve the expanding populaSa.on and its medical needs of Southeastern Palm Beach County. Prior to the reading of this Resolution in full, Commissioner Bauer stated that he had made a change in the title of this • Resolution, covering the purpose of the Resolution in more detail, as shown above. Minutes Highland Beach Town Commission Regular Meeting • March 4, 1980 Page 10 of 13 Mayor Horton then read Resolution No. 398 in full. MOTION by Commissioner Genovese/Commissioner Blosser that Resolution No. 398 be adopted as read, with the addition to the heading as discussed. All Commissioners voted Abe. Items included from Workshop Meeting of February 26, 1980: Group Insurance Proposal - Mrs. Roberts explained that the new annual rate for the group insurance being paid to Prudential will now be $19,392.00 which is a decrease from last year. MOTION by Vice Mayor Storm and seconded by Commissioner Bauer that this expenditure of $19,392.00 for the insurance as stated by the Town Manager, be approved. In polling the Commission, the MOTION passed unanimously. • Waste Water Contract - Mrs. Roberts stated Mr, Levine's recommendation to continue with Carl Howard's contract until the end of the fiscal year 1981. MOTION by Commissioner Bauer and seconded by Vice Mayor Storm that the contract submitted by Carl Howard for maintenance of the sewer system until the end of the fiscal year 1981 be approved. In polling the Commissioners, the MOTION was approved unanimously. Proposed Dock and Bulkhead - This matter concerned Lots 123 and 124 West. Two residents of the Townhouses of Highland Beach desire to buy Lot 124 for the purpose of building a dock. Mr. Hamzik explained this matter in detail for the benefit of the Commission. MOTION by Commissioner Bauer/Commissioner Genovese that the application be approved with the understanding, to be written into the agreement, that Lot 124W be maintained under one ownership. Should the lot be sold, the approval would be void. All Commissioners voted Aye. Mrs. Roberts reminded Mayor Horton that the letter from the Department of Environmental Regulation had to be read into the • record, which Mayor Horton did. This matter was also covered under Resolution No. 400. Minutes Highland Beach Town Commission • Regular Meeting March 4, 1980 Page 11 of 13 MOTION by Commissioner Blosser and seconded by Commissioner Genovese that this Resolution No. 400, granting the necessary permission be approved, with the memos as mention. The voice vote was unanimous in favor of approval. Proposed Informative Sign for Town Hall After requesting bids, MacLaren Signs, Delray Beach, offered to donate an informative sign for in front of Town Hall, asking the indulgence of the public during remodeling and construction. MOTION by Vice Mayor Storm/Commissioner Bauer that this sign be approved as a Special Exception. Voice vote was unanimous in favor of this approval. Quotes regarding salt water monitor well Mrs. Roberts stated that two bids had been received for the salt water monitor well - one from Morton Pump and Supply was • $5,000.00 lump sum with standby time of $85.00 an hour, and the other from AECOA was maximum estimate total of $4,479.75. MOTION by Commissioner Bauer/Vice Mayor Storm that the .low bid from AECOA be accepted for the salt water monitor well. In polling the Commission, the vote was unanimous in favor of accepting the low bid of $4,479:75. Quote for relocation for Water Treatment Plant fence At the last meeting, Mrs. Roberts informed the Commission that to relocate the existing fence at the Water Treatment Plant would cost $1,673.00 - a new fence would cost $3,163.00. The consensus of the Commission was that the old fence was adequate, and should be relocated. MOTION by Commissioner Bauer/Vice Mayor Storm that the expenditure of $1,673.00 be approved to relocate this fence. The Commissioners unanimously approved this expenditure. Minutes Highland Beach Town Commission • Regular Meeting March 4, 1980 Page 12 of 13 quote from Earl Harvel regarding fire hydrant in the 4600 block South Ocean Boulevard Earl Harvel quoted $1,975.00 for this fire hydrant and he has already started work on it. Formal approval was needed today. MOTION by Vice Mayor Storm/Commissioner Bauer moved the approval of this expenditure. Voice vote carried this MOTION unanimously. Proposal from U.S.G.S. for continuing monitoring program Mrs. Roberts informed the Commission that the U.S.G.S. had offered the Town $1,870.00 to be matched by the Town to continue with this monitoring program. MOTION by Mayor Horton and seconded by Commissioner Bauer to approve the participation in this joint venture to the extent of $1,870.00. • Voice vote approved the MOTION unanimously. Mayor Horton announced that Item No. 12 on the agenda would be stricken inasmuch as Braemer Isle will adhere to the 6' bulkhead elevation. Old Business - None New Business - Mr. M. H. W. Dent, a Town resident, addressed the Commission regarding the Water Treatment Plant and Lots 123 and 124W. Dr. Richard Orman, representing Healy Company, asked a question regarding their plans in connection with the zoning changes recently made. Bills for Approval Mrs. Roberts presented the bills for approval. MOTION by Commissioner Bauer and seconded by Vice Mayor Storm that the bills be approved for payment. All Commissioners voted Aye. • Minutes Highland Beach Town Commission • Regular Meeting March 4, 1980 Harold C. APPROVED: Louis • Commissioner Genovese made the MOTION that the meeting be ADJOURNED. Commissioner Bauer seconded the MOTION. All Commissioners voted in favor of ADJOURNMENT - Time 3:45 P.M. Page 13 of 13 Vice Mayor Harry Bauer, Commissioner Ma Lo 'se Blosser, Commissioner Peter J. Genovese, Commissioner ATTEST : - -~-~~ ~ ~'. ,~'~,~ T,o Clerk DATED: March 27, 1980 •