Loading...
1980.01.02_TC_Minutes_Regular TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission Regular Meeting January 2, 1980 1:30 P.M. The Regular Monthly Meeting of the Town Commission was called to order by Mayor Horton at 1:30 P.M. Those in attendance were: Mayor Horton, Vice Mayor Storm and Commissioners Blosser and Genovese. Commissioner Bauer arrived late. Also in attendance were: Elaine W. Roberts, Town Manager; Thomas E. Sliney, Town Attorney; Police Chief Kenneth Jones and Jane E. Barker, Town Clerk. ~j Pledge of Allegiance Approval of Minutes as written November 27, 1979 - Workshop Meeting November 27, 1979 - Special Meeting December 4, 1979 - Regular Meeting December 1l, 1979 - Special Meeting • MOTION by Vice Mayor Storm/Commissioner Blosser that the minutes be approved, as written. The unanimous voice vote was in favor of approval. Public Rectuests and Comments Mr. M. H. W. Dent, a, Town resident, addressed the Commission regarding the Code Enforcement Board and just who were considered "Code Enforcement Officers", and the powers that the Officers had. Mr. Sliney and Mr. Gilday, Chairman of the Code Enforcement Board, answered Mr. Dent. Reports - Town Commission (a) Mayor Louis Y. Horton - Mayor Horton stated that the several items he had in mind would be brought up later in the agenda. (b) Vice Mayor Harold C. Storm - Vice Mayor Storm announced that he had met with the auditors and the Town Manager and had gone over the preliminary audit report. A complete report will be forthcoming shortly. He also reported that he would be meeting with the "208" Committee on Friday, • January 11, 1980 in Palm Beach. Minutes Highland Beach Town Commission • Regular Meeting January 2, 1980 Page 2 of 11 He further reported that on December 20, 1979, the bonds were delivered to the Barnett Bank in West Palm Beach and explained that the interest rate yielded 7.0% in the early years and 7.63% in the latter years. The very same day, the Mayor, Vice Mayor, the Town Manager and Finance Director invested $1,000,000 at 12-3/4% $300,000 at 12.74% and the remaining $197,432 at 9% for an eleven day period. The first bond interest payment is due January 1, 1980 in the amount of $55,312.50. Mayor Horton stated that considerable tax monies have been received and they, too, have been invested at a high rate of interest. (c) Commissioner Harry Bauer - Mayor Horton stated that Commissioner Bauer had called and said he would be a little late. (d) Commissioner Mary Louise Blosser - Commissioner Blosser said that she had no • report - but she has started working on the Census material. (e) Commissioner Peter J. Genovese - Commissioner Genovese spoke of the accomplish- ments made by the Town in the year 1979 and said he was hopeful that just as many matters could be accomplished in 1980 - all for the betterment of Highland Beach. Commissioner Bauer entered the meeting at 1:50 P.M. and had no report. Reports of Boards and Agencies of the Town (a) Board of Adjustment - Mrs. Roberts reported that this Board will be having an Organizational Meeting on Monday, January 14, 1980 at 1:30 P.M. (b) Community Appearance Board - This Board did not have a meeting in December but they will be meeting on Monday, January 7, 1980. (c) Code Enforcement Board - Chairman Gilday announced that the next Regular Meeting for this Board Minutes Highland Beach Town Commission . Regular Meeting January 2, 1980 Page 3 of 11 will be on January 10, 1980 at 2:00 P.M. Mr. Gilday told of two violations reported by Mr. Hamzik, however, both of them were resolved promptly. (d) Housing Board of Adjustment & Appeals - Mrs. Roberts announced that this Board would be meeting next Wednesday, January 9, 1980 at 10:15 A.M. (e) Planning Commission - Mrs. Roberts stated that this Board would be meeting on Wednesday, January 9, 1980 at 7:00 P.M. This will be a Regular Meeting in addition to a Public Hearing. This Commission is also holding a Public Hearing for a Special Exception on Wednesday, January 23, 1980. Reports - Representatives Re: (a) Metropolitan Ping. Organization & Transportation - Mr. Don Wilson reported that the December meeting of this group had been cancelled. • Mr. Wilson also stated that a $30,000 Federal Grant had been secured for a study as to what might be done in the event that fuel supplies were cut by 50%. (b) So. Florida Water Mgt. District - Mr. Frank Carberry stated that on December 18, 1979 a meeting was held at which Bruce Adams of the South Florida Water Management District spoke on the function of the SFWMD in this part of the state, and also gave a very explicit explanation for cutting down on the use of water. Also, at that meeting, Mr. Glantz of the Carlton House, was commended for the excellent letter regarding water savings that was sent to everyone living in the Carlton House. Mr. Carberry also stated that Bruce Adams gave the Town of Highland Beach a verbal salute, saying that the Town is an example for everyone along the coast from North Miami to Port 5t. Lucie. Mayor Horton then made mention of the great amount of water used over the Christmas holiday - stating that he felt it was the influx of teen-agers. Reports - Town Attorney Mr. Sliney reported that the seconded amended complaint on the Minutes Highland Beach Town Commission • Regular Meeting January 2, 1980 Page 4 of 11 Drexel matter had been dropped and Judge Sholts took under advisement the Motion to Dismiss the third amended complaint. He also reported that nothing has changed on the Van Lennep case. He should know by Friday (January 4, 1980) whether this case will go to trial next week. M~. Sliney confirmed that the boat matter has been settled and the Town is now free to sell the boat in order to be reimbursed for the storage expenses. The balance of the money is to be placed in escrow. Reports - Town Manager Mrs. Roberts stated that Mr. Sliney had sent a letter dated December 26th to the auditors, giving a status report of all the litigation in which the Town is involved. She then stated that contacts have been made for vacancies on Boards and one person who is interested in serving on the Board of Adjustment is Mr. Lester Levine. Mr. John Basso, of Regency Highlands, • also showed interest in serving on the Planning Commission, however, he would first like to attend some of their meetings before committing himself. Mrs. Roberts also contacted Mr. Don Wilson from Penthouse Highlands, asking for recommendations of people to serve. MOTION by Vice Mayor Storm/Commissioner Bauer that Mr. Lester Levine be appointed as a member of the Board of Adjustment in a capacity to be set by the Board. All members of the Commission voted unanimously in favor of this appointment. Mrs. Roberts then told of a letter received from Mr. William Boyce, requesting the Town supply him with a letter for the Public Service Commission. Mr. Boyce runs a public transpor- tation system and needs this letter to comply with the wishes of the Public Service Commission. After discussion, it was decided to hold this matter in abeyance at this time. Mrs. Roberts then reported on meetings held in December - the Palm Beach County Municipal League met on December 7th in Belle Hlade; the Treasure Coast Regional Planning Council met locally on the same day; their next meeting will be January 10, 1980 in Stuart. • Minutes Highland Beach Town Commission • Regular Meeting January 2, 1980 Page 5 of 11 Meetings that Mrs. Roberts attended during December concerned insurance; all of the legal cases; with the representative from Callaway, who is working mainly on the Van Lennep case; the fire station alterations; the architect regarding new construc- tion; the WET Group; and private citizens regarding water conservation. Mrs. Roberts told of correspondence received from: the Area Planning Board regarding the Law Enforcement Applicant Processing Center Continuation Funding. Chief Jones is in favor of this and Mrs. Roberts is seeking the concurrence of the Commission to write a letter saying that they are in agreement with this agency inasmuch as it does benefit the Town of Highland Beach. This agency is a clearing house for applicants for the police force. Mrs. Roberts was instructed by the Commission to forward their approval. Another letter from the Area Planning Board concerned federal • funding for an energy conservation program for the entire state. The Town Commission instructed Mrs. Roberts to write the Area Planning Board saying that they had no objection to this appli- cation. Mrs. Roberts then reported on a letter received from the Insurance Service Office saying that the Town now has a Class 6 fire rating. She also informed the Commission that she had re- ceived from the South Florida Water Management District the revised basis of review of construction of surface water manage- ment systems. She stated that she had received a letter from Representative Tom Lewis in answer to the Resolution forwarded to the Legislature regarding the Accountability Act. She said she had also received a letter from the auditors, saying they were not going to charge the Town for the "Comfort Letter" necessary in the Bond Issue. The audit report should be forth- coming within the next two weeks. Mrs. Roberts continued - reporting on the Relocation Guide which is available for the public; receiving from Florida Power & Light a ten year power plant site plan; information from the Department of Natural Resources concerning construction seaward of the established coastal construction control line. :7 Minutes Highland Beach Town Commission • Regular Meeting January 2, 1980 Page 6 of 11 Mrs. Roberts said she had received a copy of the three month report from U.S.G.S. showing the results of their salt water monitoring program; the other monitor well must be completed by February and Mrs. Roberts will obtain an estimate for this. She further reported that Homestead Exemptions will be taken in the Town Hall on the 26th of February from 9:00 A.M. to 4:00 P.M. It is expected that the firemen will be back in the fire station by the end of January, having been staying in the former O'Dunne home while alterations are being made. Copies of the Bond Issue Official Statement are available. Mrs. Roberts stated that she had signed the deed to the Rescue Van over to the Del Trail Fire District; she reported on the Public Hearing being held on January 24, 1980 regarding Lot 71E; and that Commissioner Blosser is doing pre-Census review work. Mrs. Roberts then reported on the following Departments: • Building A temporary C/O and a final C/O were issued for a single family home in Bel Lido and a four-plex on South Ocean Blvd. A piling permit was issued for Highlands Place and Braemer Isle; a building permit for Jim Schubert and a permit for another single family home. in Bel Lido. Finance Mrs. Roberts reported receiving the money for a delinquent lot mowing account; Court money in the amount of $3,119 through December 1979; tax money in the amount of $313,355 out of a total budgeted of $430,000; Florida Power & Light franchise check in the amount of $7,416; from Durbin Paper Company - $34. She further reported that out of $230,000 received in tax money, $150,000 was invested at 12-1/4/ for three months at University Branch. Health Dr. Weil Health Officer, is working on the No-Seeum problem and will report back to Mrs. Roberts. Maintenance Mrs. Roberts stated that all the benches and hydrants have been newly painted; the DOT mowed the right-of- way on December 10, 1979. The Energy Audit was performed by two of our inspectors. Recommendations will be forthcoming. r1 Minutes Highland Beach Town Commission • Regular Meeting January 2, 1980 Page 7 of 11 Police Mrs. Roberts stated that the monthly report had been received from the Police Department - there were no questions from the Commission. She said that Alexander Kirk, our newest police officer, has taken his 80 hours of training required by Tallahassee and commended his high exam score. Town Clerk This department has been updating the Bulletin mailing list. Public Utilities & Works Mrs. Roberts reported the following for water consumption: 1979 1978 Raw Water 282,836,000 273,418,000 Treated Water 289,812,000 276,717,000 The Town Manager stated that the Water Treatment Plant Expansion Pre-construction Conference will be held on Monday, January 7, . 1980 with the Mayor, Mrs. Roberts, Mr. Arney and the contractors. Mrs. Roberts reported that Strock, after having been given the approval to do the work, gathered a lot of information, going back to 1957, from the Town and she knows that they are working on the matter of the. Bel Lido bridge. Mayor Horton requested that the Building Official determine the weight of any cement truck using the bridge to make sure the bridge is not damaged further before it can be repaired. Mrs. Roberts then announced that the two Public Hearings on Zoning will be held January 10 and January 24, 1980 at 7:00 P.M. Discussion took place regarding the color of the water, whether sprinklers are being used at night and the fact that Del Trail Fire District refuses to sign a contract with us. S. A. Healy Company Dr. Richard Orman addressed the Commission and introduced members of the Healy Corporation - Mr. Tom Healy, Mr. Don Zeier and Mr. Dick Raab. Dr. Orman distributed a new plat for the west side of AlA only, to all the Commissioners and is seeking a Motion Minutes Highland Beach Town Commission Regular Meeting January 2, 1980 Page 8 of 11 authorizing the Mayor to sign the plat subject to legal approval. It was determined by Commissioner Genovese that after this Motion is passed today, that the mylar will be signed by all the members of the Healy Corporation and then brought into Town Hall for the Commissioners' signatures. MOTION by Commissioner Genovese and seconded by Commissioner Bauer that the Mayor be directed to affix his signature after Town Counsel has been satisfied with information from Counsel for the Healy Corporation. In polling the Commission, the vote was unanimous in favor of the above MOTION. Dr. Orman then thanked the Commission for the letter of December 27, 1979 which he had asked the Town to write to the Dl~R. He stated though, that the question of making application for the s+aawall was left open and requested Mrs. Roberts to write another letter to the DNR saying that the Town endorses the opening of an application. • Commissioner Genovese then read for the record the letter that Mrs. Roberts wrote to the DNR on December 27, 1979. After discussion, Mayor Horton restated Dr. Orman's request and it was the consensus of the Commission that a letter be forwarded to the DNR to the effect that the Town has no objections to them opening review of the S. A. Healy request. This, by no means, constituted an endorsement of the project. Mrs. Roberts then reminded the Commission that action was needed regarding .the proposal from the engineers regarding their work for Healy. It had been discussed at the last Workshop Meeting where the engineers set up an on-going charge to the Town, depending upon the hours spent in reviewing this project. MOTION by Commissioner Bauer/Commissioner Genovese to approve the agreement with the engineers covering inspection work to be done in connection with the Healy project, said costs to be recoverable. Voice vote approved this MOTION unanimously. Proposed Policy Regarding Agenda Closinct • Mayor Horton read for the record a memo from Mrs. Roberts dated Minutes Highland Beach Town Commission • Regular Meeting January 2, 1980 December 27, 1979 regarding Agenda Closing Policy. took place and a change from "two weeks in advance meeting" was changed to "15 days in advance of the Page 9 of 11 Discussion o f the meeting". MOTION by Commissioner Genovese and seconded by Commissioner Bauer that the new agenda closing statement as read with the above revision be adopted. A unanimous voice vote approved this MOTION. Appointment of a Town Commissioner to the Board of Trustees (Retirement Plan) Mayor Horton announced that with the resignation of Mrs. Mumford, it was necessary that another Commissioner be appointed to the Board of Trustees (Retirement Plan). MOTION by Mayor Horton/Commissioner Bauer that Commissioner Genovese be appointed to this Board. All members of the Commission voted unanimously in favor of this MOTION. • Proposed Resolution No. 394 - A Resolution of the Town of Highland Beach, Florida for approval of the Town Commission of the Town of Highland Beach for petition for bulkhead and fill - Lots 106 and 107 W. Resolution No. 394 was read in full by the Town Clerk. After the reading of the Resolution, the Town Manager then read the reports designated in Section 253.124 Florida Statutes which have to be attached to this Resolution. After discussion, a MOTION was made by Commissioner Bauer and seconded by Commissioner Genovese that this Resolution with the attachments be adopted. Voice vote was unanimous in favor of adoption. Proposed Public Hearing Date regarding Special Exception for Lots 110, 111, 112 & 113 W Mayor Horton stated that the Planning Commission was holding a Public Hearing on this matter on January 23, 1980. A period of thirty days is needed to advertise this Public Hearing and . it was the consensus of the Commission that their Public Hearing Minutes Highland Beach Town Commission • Regular Meeting January 2, 1980 be held on February 12, 1980 at 9:30 A.M. sent to the newspaper by the Town Clerk. Page 10 of 11 The notice will be Mrs. Roberts then mentioned that notification had been received from the Corps of Army Engineers and the DER that a bulkhead permit had been requested for this same property. After dis- cussion, it was the consensus of the Commission that there .were no objections to this bulkhead being attached to the existing ones and Mrs. Roberts was instructed to notify the proper parties. Proposed Decision Regardinct Sale of Boat • Mr. Sliney recommended that the sale of the boat be advertised once a week for two weeks in the Sun Sentinel, the Palm Beach Post, the Boca News, Miami Herald and the Delray Beach News Journal. He said that the bidders should be required to submit cashier's checks in an amount established by the Commission, as good faith, at the time they make their bid. Mr. Sliney also suggested that the public should be given an opportunT~ty to inspect the boat but to forego allowing test rums. It was the consensus of the Commission and the Attorney that sealed bids would be preferred over an auction. Old Business Mr. M. H. W. Dent, a Town resident, discussed such matters as the expansion of the water plant, the Van Lennep case, and the Drexel matter. New Business None Bills for Approval Mrs. Roberts informed the Commission of the one bill for gasoline in the amount of $1,931.36. MOTION by Commissioner Bauer/Commissioner Blosser that the bill be approved for payment. The bill was unanimously approved by voice vote. • M Minutes Highland Beach Town Commission • Regular Meeting January 2, 1980 Page 11 of 11 MOTION by Commissioner Bauer/Commissioner Blosser that the meeting be ADJOURNED. Time 4:00 P.M. APPROVED: • ATTEST: i , ,~ Clerk January 23, 1980 Dated Louis Vice Mayor r, Commissioner Harry B Peter J.//Genovese, Commissioner • Marv ise B1Qsser, Commissioner