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1976.11.03_TC_Minutes_Regular• TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission Regular Meeting November 3, 1976 1.30 P.M. Meeting called to order by Vice Mayor William S. Hults at 1:30 P.M. Present were: William S. Hults, Vice Mayor Ruth E. Mumford, Commissioner Leslie W. Joy, Commissioner Robert D. Clark, Commissioner Absent: Morton E. Gilday, Mayor Also present: Thomas E. Sliney, Town Attorney Thomas J. Becker, Town Attorney • Elaine W. Roberts, Town Manager Kenneth Jones, Chief of Police Wally E. Schott, Building Official M. Maree Birkbeck, Deputy Director of Finance Kathryn M. Borgemenke, Town Clerk PLEDGE O,F ALLEGIANCE After the Pledge of Allegiance, Vice Mayor Hults requested the audience to remain standing. At this time he announced that there would be one moment of silent prayer for Mrs. Morton E. Gilday (Blanche), the wife of the Mayor. Approval of Minutes, as written (Synopsis by Town Clerk) For: Meetings of October 5, 1976 - Regular Meeting 6, 1976 - Workshop Meeting 26, 1976 - Workshop Meeting and Special Meeting The Synopsis of the Minutes of October, 1976 was read by the Town Clerk. • Vice Mayor Hults called for a Motion to approve the minutes. MOTION by Commissioner Mumford/Commissioner Joy: "I so move". Minutes Highland Beach • Town Commission Regular Meeting November 3, 1976 PUBLIC REQUESTS Page 2 of 10 Vice Mayor Hults recognized Kendall Slinkman, Attorney for "Hoffman RPUD" (Paul and Mrs. Hoffman and Ocean Harbor, Inc.). Mr. Slinkman recited the history relative to a prior law suit by Mr. and Mrs. Hoffman and Oliver-Hoffman Corporation vs. Town of Highland Beach. Mr. Slinkman also cited various parts of Ordinance No. 282 .which he felt were in conflict with the Court's decision. He also related the various steps and actions that had taken place with different governmental agencies. Documentation of this was presented to the Town Clerk. Vice Mayor Hults called on Thomas Becker, Attorney for the Town. Mr. Becker referred to his letter he wrote to Mr. Slinkman, dated October 8, 1976. He stated that the Commission should make a determination based on his • recommendations and if granted an extension how long a period of time it would entail, also what is the current status of the project. Vice Mayor Hults read Section 4 of Ordinance No. 282. He noted that the Town had not received evidence to substantiate the granting of an extension to the applicant. Mr. Becker stated that he agreed with Mr. Slinkman to the degree that if they can continue to prove that governmental agencies are holding them up they will be granted the extension. He noted that he would not like to see an open-ended approval and he suggested that a time frame limit the extension and if the applicant wished an additional extension they again should prove to the Town Commission the necessity of same. Discussion followed relative to the amount of time that should be granted. The Commission then heard from John Grant III, Engineer; Doug Martin and Dr. Manley Boss. All of the aforementioned spoke for the applicant. • Vice Mayor Hults noted that the permit expired on July 1, 1976. Minutes Highland Beach Town Commission • Regular Meeting November 3, 1976 Page 3 of 10 After a great deal of discussion among the Commission, Town Attorney, Town Manager and representatives for Oliver- Hoffman Corporation, the Vice Mayor called for a Motion. MOTION by Commissioner Clark/Commissioner Mumford: "We allow a six (6) month extension from today which should run out May 3, 1977 and the previous time lapse appears due to some misunder- standing (July 1976 to November 1976) in total this includes a (10) month extension and the applicant transmit copies of notifications of hearings and result of same to the Town Manager. ROLL CALL on the Motion Carried 4 - 0. Mr. Totz stated he was in attendance as the representative for Mr. August Urbanek. Reference was made to a letter from David Faust, attorney, representing Mr. Urbanek which was received by the Town on November 2, 1976. Mr. Becker related details of a meeting at which he, • Commissioner Clark, the Town Manager and Building Official participated and he also brought the Commission up to date on the offers and counter-offers that followed the meeting. Commissioner Clark elaborated on the concession which Mr. Urbanek offered at the meeting. Mr. Becker noted that he would not foreclose continuing discussions but he felt that a specific reply to Mr. Urbanek's attorney could not be complied with. Commissioner Clark agreed. Vice Mayor Hults recognized Mr. Totz, Mr. Dent and Mr. O'Grady. The Vice Mayor read a letter from the Civic League, dated November 2, 1976, for the record. REPORTS - TOWN COMMISSION (a) Vice Mayor William Hults. The Vice Mayor read a memo from the Chief of Police to the Town Manager requesting that Mr. Henry Mahrer be appointed to the rank of Police Officer, Highland Beach Police Department. The effective date to be between this date and the 15th of November. • The Police Commissioner, Louis Y. Horton concurred with the recommendation of the Chief of Police. r Minutes Highland Beach Town Commission Regular Meeting November 3, 1976 Page 4 of 10 MOTION by Commissioner Clark/Commissioner Mumford: "I move that the recommendation of the Chief and the Police Committee and that Mr. Henry Mahrer be appointed with the effective date of employment to be between this date and November 15, 1976". ROLL CALL on the Motion Carried 4 - 0. (b) Commissioner Ruth E. Mumford - No report. (c) Commissioner Leslie W. Joy - No report. (d) Commissioner Robert D. Clark - No report. Mr. Dent gave his personal opinion about the hiring of Police Officers. REPORTS OF VARIOUS AGENCIES OF THE TOWN (a) Planning Commission - No report: The Town Manager noted that this agency will hold Public Hearings for the purpose of discussing the comprehensive land use plan • (proposed) on Wednesday, November 17, 1976 at 7:30 P.M., Wednesday, December 1, 1976 at 7:30 P.M., Wednesday, .December 8, 1976 at 7:30 P.M., and Wednesday, December 15, 1976 at 7:30 P.M. (b) Board of Adjustment - The Chairman Louis Y. Horton related to the Commission on the meeting that was held on the petition of St. Lucy's church regarding relief from the Sign Ordinance. This had been previously discussed at the Regular Meeting held last month. Mr. Horton stated that the Board of Adjustment directs itself only to the specific ordinance mentioned in the Code of Ordinances pertaining to the duties of the Board of Adjustment. Mr. Horton asked that the Sign Ordinance be altered and/or amended to be more definite. Mr. Sliney stated that he would research and prepare the necessary amendment to the sign ordinance. (c) Housing Board of Adjustment and Appeal - No report. Mrs. Roberts announced that the next meeting of this board will be on Wednesday, November 10, 1976 at 10:15 A.M. (d) Community Appearance Board - Betty Jean Stewart, Chairman gave the report for the monthly meeting held in October. Minutes Highland Beach Town Commission Regular Meeting November 3, 1976 Page 5 of 10 (e) Police Committee .- Mr. Louis Y. Horton gave the Police Department report for the month of October. He reported on a meeting held to review a problem that arose at the Municipal Court on Monday, October 18, 1976. The Committee is in the process of getting a transcript of the testimony and when this is in hand another meeting will be held. At this time there was additional discussion relative to this matter. Vice Mayor Hults recognized Mr. Losee who requested on behalf of the Civic League that the Commission become involved in this matter. Mr. Dent and Mr. Totz were recognized by the Vice Mayor and each gave his personal opinion and suggestions relative this matter. Mr. Ryan was recognized and he spoke about his own personal • problems. The Town Attorney stated he would not speak directly to Mr. Ryan's problems due to the fact that Mr. Ryan had retained his own attorney. ORDINANCE NO. 298 - Amending Chapter 7 "Buildings" Ordinance No. 298 was read in its entirety by the Town Attorney for the Public Hearing and Final Reading. Vice Mayor Hults noted a change in this ordinance and the Town Attorney noted that there were two other changes. These changes do not alter the ordinance. MOTION by Commissioner Clark/Commissioner Mumford: "Move the Adoption of the Ordinance." ROLL CALL on the Motion Carried 4 - 0. Date of Publication - Monday, October 18, 1976. REPORTS and/or RECOMM~TDATIONS - Town Manager, Elaine W. Roberts • Mrs. Roberts briefly reported on the Palm Beach County Municipal League October meeting. The next meeting is to be on November 12 Minutes Highland Beach Town Commission • Regular Meeting November 3, 1976 Page 6 of 10 in West Palm Beach and the December meeting will be in Belle Glade. The Treasure Coast Regional Planning Council meeting in October was held in Stuart and Mrs. Roberts was unable to attend, on behalf of the Mayor. The next meeting will be held on November 12th. The Postal clerks have reported that their sales are $16,382 over the same period as in 1975. The Flood Control District has informed the Town that the public hearing regarding the Town's water wells certification will be held on November 12, 9:00 A.M. on Gun Club Road, West Palm Beach. Mrs. Roberts plans to attend and she reported that she also attended a meeting with the City Manager of Boca Raton. Boca Raton will protest any amount of water that the Town will be allocated; however under the circumstances both Boca Raton snd Highland Beach will • work together. Mrs. Roberts gave a brief report on the Florida League of Cities convention held in Miami on October 21 - 23, 1976, which she attended. Mrs. Roberts noted a correction in the "Week at a Glance" dated October 18, 1976. It was stated that Federal Revenue monies were in excess of $5,000. The Finance Director reported that the figure is $1,700. Discussion returned to the subject of water, water filtering and treatment. Mr. Losee, Mr. Krauss, Mr. Dent and Mrs. Stewart questioned the Town Manager relative to this subject. Additional discussion followed regarding sprinkling, wells, consumption per person, etc. The Town Manager reporting on the Building Department stated that income from licenses and permits totals several thousand dollars. Mrs. Roberts recited certificate of occupancies that were issued, the granting of an easement for a storm drain, and the fact the Building Official has • been certified from the Palm Beach County Building Official Association. Minutes Highland Beach • Town Commission Regular Meeting November 3, 1976 Page 7 of 10 The Finance Director reported to the Manager that the audit is in full swing and a preliminary report is forthcoming by November 25th. There is substantial reserve remaining from the budget year 1975-76. There is also a surplus in the Sewer Account. Water account is increased by $20,000 but does not include depreciation; when depreciation is entered there will be a slight defecit. The Water and Sewer is now combined in one utility fund and the bills are mailed accordingly. The Auditor and Town Attorney will decide the outcome of the delinquent low mowing bills. Most of the Town's Insurance Policies will expire shortly and new bids will be solicited. The Town Manager read Dr. Woodman's submitted report this date. He felt the program was reasonably successful but he did not reach the $400.00 allocated him. Dr. Woodman felt it was time to stop now unless otherwise directed. • She further reported that the .Boca Paper Salvage did not complete the pick-up November 2, due to high winds. They will complete the work this date. The Swine Flu Shots will be given in the Town Hall on Monday, November 15, between the hours of 2:00 - 3:00, or longer if necessary. Mrs. Roberts reported that the Town Clerk included in the bulletin the digest of the attitude survey conducted previously. Three model ordinances have been submitted to the Town Attorney relative to the Municipal Court change over. The Town Clerk attended a session during the Florida League of Cities meeting in Miami the last of October. A copy of the Resolution opposing increases in Florida Power and Light increases was mailed to the Public Service Commission. The Deputy Town Clerk and the Town Attorney attended a meeting regarding the Municipal Court change over. Reporting for the Public Utilities and Works, Mrs. Roberts stated that the wiring of the well field by Edwards • Electric is complete and everything is working very satisfactt~rily. Minutes Highland Beach • Town Commission Regular Meeting November 3, 1976 Page 8 of 10 Mr. Conroy from Florida Power and Light met with Lowman Electric who has been retained by Highland Beach Utility Company to install the pole that the electric transformer will be placed on. This work is to be completed by next Tuesday. Mrs. Roberts asked the Commission if they wished to accept the Sewage Interim Treatment Plant and the sewage system in the final completed form? MOTION by Commissioner Mumford/Commissioner Joy: "If everything is going to be working I will make the motion that we accept the sewage system and the interim sewage treatment plant". ROLL CALL on the Motion Carried 4 - 0. It was decided that the letter of protest from Mr. Hauck can be handled administratively. The maintenance of the sewage treatment plant and system • will continue to be maintained by Mr. Arney. Mrs. Roberts is considering hiring a maintenance person and/or people with a truck that can assist Mr. Arney. A meeting was held among Mr. Arney, Commissioner Joy and Mrs. Roberts to reach this decision. Mrs. Roberts stated she is not recommending hiring a person for the maintenance of the plant and system at this time. It was the consensus of the Commission to go along with Commissioner Joy and the Town Manager relative to the maintenance program. Mrs. Roberts stated that she had received a call from an EDA representative in Atlanta. The request was for the Mayor to authorize the Town Manager to sign any and all application forms for the EDA grant that has been applied for. Mrs. Roberts read a letter of authorization to EDA from the Vice Mayor to authorize her to sign any and all applications. She then asked the Commission for a Motion relative to this request. • MOTION by Commissioner Clark/Commissioner Joy: "So move". ROLL CALL on the Motion Carried 4 - 0. Minutes Highland Beach Town Commission Regular Meeting • November 3, 1976 Page 9 of 10 The Area Planning Board will hold a Public Hearing on Wednesday, November 17 at 1:30 P.M., this board is the local clearing house. Vice Mayor Hults noted that Mr. Fred Hartkopf, Jr. has resigned as an alternate member of the Board of Adjustment. Betty Jean Stewart reported on a problem relative to Regency Highland and the landscape plan that had been changed. Discussion on this matter followed. It was decided that the Building Official would not issue a Certificate of Occupancy until the Community Appearance Board approves the landscaping. This was the concensus of the Commission. Mrs. Roberts referred to a memo dated November 2 with an evaluation report attached for a merit increase to bring the Town Clerk into the step under the Pay Plan. Mrs. Roberts asked for the approval of the Commission. MOTION by Commissioner Mumford/Commissioner Joy: "I so move • that it be done". ROLL CALL on the Motion Carried 4 - 0. BILLS FOR APPROVAL The Deputy Director of Finance, M. Maree Birkbeck presented the bills to the Commission. Vice Mayor Hults called for a Motion to approve the bills. MOTION by Vice Mayor Hults/Commissioner Clark: "Approve bills". Mr. Losee asked the Town Manager about the deplorable condition of the Steinhardt property. She answered that she was aware of the matter and would take the necessary steps to see that it was corrected. • • Minutes Highland Beach Town Commission Regular Meeting November 3, 1976 Page 10 of 10 Being no further business to come before the Commission the meeting ADJOURNED at 4:20 P.M. APPROVED: (Absent Morton Gil y, Ma or ,~ v Willi m S. Hults, Vice Mayor • ~•? Ruth /E.~, Mumford, mmissioner %~ ~~ Leslie W. Joy, Commi~'~ion~r Robert D. Clark, Commissioner ATTEST: Town erk Dated: November 11, 1976 Tape 76.35 Tape A Side 1 & 2 Tape B Side 1 •