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1978.02.07_TC_Minutes_Regular • TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission Regular Meeting February 7, 1978 1:30 P.M. Mayor Horton called the Regular Meeting to order at 1:30 P.M. Present were: The Mayor, Vice Mayor Mumford, Commissioners Clark, Joy and Storm. Also present were the Town Manager, Town Attorney, Finance Director and Town Clerk. Approval of Minutes as written: For Meetings of January 3, 1978 - Regular Meeting January 17, 1978 - Special Meeting and Workshop Meeting MOTION by Vice Mayor Mumford/Commissioner Storm that the minutes be approved as written (after corrections) carried unanimously by voice vote. • The Minutes of January 23, 1978 - Special Meeting - and January 31, 1978 - Workshop Meeting - were not distributed in time for the Commission to read. Public Requests and Comments Two citizens expressed concern relative to unemployment compensation, unemployment insurance, out of court settlements and the establishment of a personnel review board. Mayor Horton stated that these various items will be scheduled for discussion during the next Workshop Meeting. An additional citizen requested, if it were possible, that Bel Lido be allowed to tie into the 14" water main. Another citizen spoke relative to the accomplishments and the efficiency of the Town Manager and Chief of Police. ReQuest to be heard re: Town Lots 13 east and west owned by Jack Parker Construction, aka Highland Beach Properties, Inc. Mr. Manuel Garcia, attorney for Jack Parker Construction, • referred to a letter dated December 12, 1977 and gave additional background information relative to Town Lots 13 (east and west). The Mayor requested the Town Manager to Minutes Highland Beach Town Commission • Regular Meeting February 7, 1978 Page 2 of 9 draw up a resume of dates and background information for. the Town Commission to study and then workshop this matter. Discussion followed pertaining to lapsed building permits. Reports - Tarwn Commission (a) Mayor Louis Y. Horton reviewed the status of several law suits. Out of court settlement with Officer Giordano in the amount of $6,000.00; $4,000.00 to be paid by the Town and $2,000.00 to be paid by the insurance carrier. In the matter of the Healy suit - a decision was handed down on January 24, 1978 by Associate Judge Burnstein of the 4th District Court of Appeals. The Town was upheld in every respect relative to the appeal. There are now three avenues of recourse for Healy: 1) ask for a rehearing before the DCA, 2) carry the appeal to the Supreme Court or 3) accept the verdict as it stands now. In the case of the Town vs. Ocean Properties, depositions are scheduled for March 27, 1978. • Mayor Horton noted that on this date he was served papers relative to a suit from Drexel Management. They are requesting relief that other developers in the Town had requested. (b) Vice Mayor Mumford reported on the seminar she had attended on January 19, 1978 relative to the Coastal Set Back Lines for the County. She also reported that a public hearing will be held on February 14, 1978 in Delray Beach City Hall and all owners of properties on the east side of AIA had been notified by the Department of Natural Resources. (c) Commissioner Storm - No report (d) Commissioner Joy - No report (e) Commissioner Clark - No report Re orts of Various Agencies of the Town (a) Planning Commission - Mrs. Roberts reported that the field trip on January 9, 1978 was to investigate various construction sites. The Regular Meeting wiil be held on Wednesday, February 8, 1978 and the Public Hearings re: Zoning, Final Draft, will be on Monday, February 27, 1978 and • Monday, March 6, 1978. (b) Board of Adjustment - Public Hearing tonight. Minutes Highland Beach Town Commission • Regular Meeting February 7, 1978 Page 3 of 9 (c) Housing Board of Adjustment and Appeals - No report. (d) Community Appearance Board - No report. (e) Police Committee - Mr. Peter Genovese reported on two recommendations to the Town Commission re: radar and an emergency generator. ORDINANCES - Second and Final Reading - as advertised in the Boca Raton News, January 23, 1978. Ordinance No. 328, Amending Section 3-1 and 3-l.l of Chapter 3 entitled "Air Conditioning Code" was read in its entirety by the Town Clerk. MOTION by Commissioner Storm/Vice Mayor Mumford that this Ordinance be adopted as read, carried unanimously. By Roll Call Vote. Ordinance No. 329, Amending Sections 7-1 snd 7-1.1 of Chapter • 7 entitled "Building Code" was read in its entirety by the Town Clerk. MOTION by Commissioner Clark/Vice Mayor Mumford that this Ordinance be adopted as read, carried unanimously. By Roll Call Vote. Ordinance No. 330, Amending Sections 9-2 and 9-3 of Chapter 9, entitled "Electrical Code" was read in its entirety by the Town Clerk. MOTION by Commissioner Joy/Vice Mayor Mumford that this Ordinance be adopted as read, carried unanimously. By Roll Call Vote. Ordinance No. 331, Amending Sections 19-1 and 19-2 of Chapter 19, entitled "Plumbing Code" was read in its entirety by the Town Clerk. MOTION by Commissioner Storm/Vice Mayor Mumford that this Ordinance be adopted as read, carried unanimously. By Roll Call Vote. RESOLUTIONS • Resolution No. 346 - Opposing certain portions of proposed "Florida Business Development Act" was read in its entirety Minutes Highland Beach Town Commission • Regular Meeting February 7, 1978 Page 4 of 9 by the Town Clerk. MOTION by Vice Mayor Mumford/Commissioner Clark that this Resolution as read be adopted, carried unanimously. By Roll Call Vote. Resolution No. 347 - Supporting and endorsing State Senate Bill No. 231 which concerns funding for State mandated programs, was read in its entirety by the Town Clerk. MOTION by Commissioner Storm/Vice Mayor Mumford that this Resolution be adopted, carried unanimously. By Roll Call Vote. Town Representative to WPB Urban Area Transit Study, Technical Advisory Committee: Mr. .Donald Wilson Discussion followed relative to this subject. MOTION by Commissioner Clark/Vice Mayor Mumford to appoint Mr. Don Wilson a voting representative to WPB U.A.T.S., Technical Advisory • Committee, and be reimbursed mileage, meals and insurance coverage ($38.00), carried unanimously. By Roll Call Vote. Approval of Allocation of Anti-Recession Monies - $2,096.53 Mrs. Roberts noted that this item was previously discussed at a Workshop Meeting of the Town Commission on January 31, 1978. MOTION by Commissioner Storm/Commissioner Clark to transfer the Anti-Recession funds to the General Operating Fund carried unanimously. By Roll Call Vote. Approval of Group Insurance Plan Each of the members of the Commission had available to them, a concise report of three plans presented to the Town. The Mayor read, for the record, Plan No. 3 from the Equitable Insurance Company. MOTION by Commissioner Clark/Commissioner Storm that we accept the Equitable Life Insurance proposal, Plan No. 3, carried unanimously. By Roll Call Vote. • Minutes Highland Beach Town Commission • Regular Meeting February 7, 1978 Page 5 of 9 Reports, Correspondence and Continuing Reports - Elaine W. Roberts, Town Manager Mrs. Roberts reported that the Palm Beach County Municipal (January) League meeting was held in Royal Palm Beach. The February meeting will be held Friday, February 10, in Boynton Beach. The next Treasure Coast Regional Planning Council will be held on Thursday, February 9th, in Ft. Pierce. Mr. Frank Carberry attended the South Florida Water Management meeting held in January. Mrs. Roberts reported on a reply from the State, suggesting various inclusions in the Comprehensive Plan, when adoption is considered. A request was received from Chairman Peggy Evatt, Palm Beach County Commission, questioning the Town's progress on the Comprehensive Plan. Mrs. Roberts did reply. • Public Hearings re: Land Use Plan are scheduled for February 13 and March 2, 1978 - both at 7:00 P.M. The Legislative Delegation meeting was held Monday, January 30, 1978, in Boynton Beach. They will hold a public forum meeting on February 27, 1978 in West Palm Beach at 9:00 A.M. On Tuesday, February 14, 1978 at 7:30 P.M., in Delray Beach City Hall, a Public Hearing will be held re: the Coastal Construction Set Back Line for Palm Beach County. The Coast Guard is soliciting comments re: a temporary detour structure for the Hillsborough Canal on U. S. 1. The comments will be received through February 27, 1978. This notice will be posted on the front door of Town Hall. On February 17, 1978 in the Atlantic High School in Delray Beach, Palm Beach County will hold a meeting re: unincorpoeated Land Use Plan. Relative to this same subject, the Treasure Coast Regional Planning Council will hold a public hearing in Boynton Beach on February 15, 1978 from 1:30 P.M. - 3:00 P.M. and 7:30 P.M. - 9:30 P.M. • The Public Service Commission will hold a meeting on February 23, 1978 at 9:30 A.M. re: investigating Florida Power and Light franchise fees. Minutes Highland Beach Town Commission • Regular Meeting February 7, 1978 The Town Manager reported on Town Departments: BUILDING DEPARTMENT Page 6 of 9 Final C.O. issued January 18, 1978 to Regency Highland (30 units). Building Permits issued for one single family, one six-plex, and to Boca Hi for a 123-unit high rise. FINANCE DEPARTMENT The Audit Report was delivered on January 17, 1978. Mrs. Roberts is questioning the bridge repairs included in the maintenance costs of Bel Lido. The Finance Director and her Deputy attended a seminar on January 6 and 7, 1978 re: new uniform accounting system. The Finance Director attended a workshop February 3, 1978 on • Anti-Recession money and Revenue Sharing money (State & Federal). The first quarter financial statement had been distributed to the Town Commission. Total taxes received to date are $221,023. out of $310,328. Total Road and Bridge Fund monies for the first quarter $17,510. Anti-Recession monies received in October - $1,914. and January - $2,267. Mrs. Roberts reported an expiration of a C.D. and the establishment of a Sinking Fund and various investments. The annual fiscal report was submitted to Tallahassee. Anew part time bookkeeping clerk was hired for the Finance Department for four (4) hours a day. HEALTH DEPARTMENT There are still several trees that are suspected of having lethal yellow and the owners have been notified. MAINTENANCE DEPARTMENT Additional warning signs have been erected along the bike hike path. Anew Town sign for the south end has been ordered. A mail slot has been installed in the Police Station door. New bushes have been planted at Lift Station #1 and at the garage. Minutes Highland Beach Town Commission • Regular Meeting February 7, 1978 POLICE DEPARTMENT Page 7 of 9 The CDC started operation on January. 16, 1978 - Highland Beach was included. The new Police car has been shipped and delivery is expected next week. Ads were placed in last week's newspapers for an additional Police Officer. The City of Deerfield Beach purchased the old radio equipment in the amount of $400.00. Tonight is the Crime Prevention Program as previously stated. The Chief has submitted his monthly and annual reports. Discussion followed relative to the Franchise Fees received from Florida Power and Light; and the amount paid by the citizens of the Town. The Town Manager stated that she would request an accounting from Florida Power and Light. TOWN CLERK'S DEPARTMENT Election information relative to new laws is available. • Packages for qualifying will be ready in March. Work was done with the Town Attorney re: advertising for the Land Use Plan. Zoning Maps were made up. The additional responsibility for the duty of cashier in the absence of the Deputy will be assumed by the Clerk. A purge list of voters of the Town was obtained from the Supervisor of Election's office. PUBLIC UTILITIES AND WORKS A status report from the consulting engineers was received re: the problems with the new filters since the new media had been replaced. Mayor Horton noted that a problem with the east filter developed in regard to the backwash control. He gave additional background for the benefit of all. Further discussion on this matter followed (please see letter attached dated February 7, 1978 from consulting engineers). The water consumption for the month of January is up approximately 1,000,000 gallons over the month of December. Mrs. Roberts reported on the treatment of the water. The security lights were installed at the water plant by Edwards Electric. The report from the U.S.G.S. (salt water intrusion) • is on the Clipboard. The conversion from the old water main to the new water main for Seagate and Monterey House is now complete. Penthouse Highlands will be next. • Minutes Highland Beach Town Commission Regular Meeting February 7, 1978 SEWAGE SYSTEM Page 8 of 9 Mrs. Roberts asked the Commission to approve Carl Howard's contract. Mr. Howard had presented a certificate of insurance on January 5, 1978. MOTION by Commissioner Clark/Commissioner Joy that this contract with Carl Howard be approved, carried unanimously. A copy of Mr. Howard's monthly report is on the Clipboard. The operating permit for the sewage treatment plant has been received (renewal to July 1, 1980). • Mrs. Roberts has been meeting with the DOT relative to cleaning along the paving route of AIA. Discussion followed regarding no passing lanes and pedestrian crossings. Mrs. Roberts had received word from the U. S. District Court pertaining to another anti-trust litigation re: plywood. She asked the Commission for their wishes to be included (Class action suit). The DOT has requested the Town not to issue sign permits for placement in the AIA right-of-way. ZONING Public Hearings have been called by the Planning Commission for Monday, February 27 and March 6, 1978 at 7:00 P.M. Mayor Horton asked questions relative to the Uniform Accounting Procedure which will go into effect October 1, 1978. Construction along AIA re: mail boxes. This is between the DOT and residents. It was noted that the $400.00 realized from the sale of the Police radios was for the two trunk mounts only. Mayor Horton noted that the • Minutes Highland Beach Town Commission Regular Meeting February 7, 1978 first Public Hearing re: the Monday, February 13, 1978 at to a response from Jim Smoot Department of Administration, UNFINISHED BUSINESS Page 9 of 9 Land Use Plan will be held on 7:00 P.M. Mrs. Roberts referred and also a reply from the State Division of Planning. The following subjects were presented to the Commission by citizens: Police radar and spare generator. A request for more information relative to division of Palm Beach County, Franchise Fees. Being no further business to come before the Commission, the meeting ADJOURNED at 3:50 P.M. APPROVED: ~.-yr~ Louis Horton, Mayor -~ ~~ Ruth E. Mumford, Vice ayor Robert D. Clark, Commissioner ATTEST: Town C rk Les ie Joy, C is oner Harold C. Storm, Commissioner Dated: February 22, 1978