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1975.01.07_TC_Minutes_Regular MINUTES: Regular Meeting, Public Hearing of the Town Commission - January 7, 1975. At 7:35 P.M., Vice Mayor Joy called the meeting to order. The agenda, attachment"A" shows subjects proposed for discussion and/or approval. Present were: Vice Mayor Joy and Commissioners Clark, Mumford and Bauer. Absent Mayor Gilday. In attendance, Elaine W. Roberts,Town Manager John P.O'Grady, Building Official and Kenneth Jones, Chief of Police. Officers of various boards and interested townspeople were also present. Mr. D'Armand Hull, an extension Agent from Univ. of Florida, Florida Cooperative Extension Service addressed the Commission regarding Lethal Yellowing. Mr. Michael Kassinger, Boca Raton Forester assisted in the presentation. Attachment "B" newspaper article summarizes the remarks of these two experts. Attachment "C", "How to treat your Palm with Antibiotic"compiled by the Florida Cooperative Extension Service was distributed i;o all. Mr. Tom Virgin of Turner Nursery informed the Town that he was offering his services to treat the Palms in the Town, for labor cost of $2.00 a tree. The procurement of terramycin be thru the • Municipality who can secure this serum at a reasonablea cost. Discussion took place. The Town Manager advised that an ordinance was recently passed by the City of Boca Raton relative to Lethal Yellowing. It was the consensus of the Commission that a Special Meeting be called and this matter be discussed further for an early solution. A brief synopsis of Meetings held was then advised. The Minutes for such meetings: December 3, 18, 27, 1974, and January 2, 1975, were approved, as written. Motion offered by Commissioner Bauer, seconded by Commissioner Mumford and motion was approved without any dissents. PUBLIC REQUESTS - None. REPORTS OF THE VARIOUS BOARDS OF THE :.TOWN - Due to the absence of the Chairman and/or Vice Chairman of the Board of Adjustment, the Town Manager summarized activities thereof. The Town Manager also reported for the Housing Board of Adjustments and Appeals at the behest of Chairman Judge Santangelo. C.A.B. - Chairman Betty Jean Stewart reported that plans for a Tri-flex are being reviewed (Mr. Lyle Gibson's property). Pg. • Regular Meeting, Public Hearing of the Town Commission, January 7, 1975 - 2- Planning Commission - Vice Chairman, Mr. N. M. Johnson reported that this board is holding meetings and will be up-dating the Comprehensive Land Use Plan, etc. Senator Hults, Police Commissioner, gave his report. Sgt. Ryan donated his services for extra patrolling during the Holiday Season--greatly appreciated. The Vice Mayor reported that a Joint Meeting of Mayors was held in Town Hall of Highland Beach on January 3, 1975. Attachment "D" summarizes that meeting. Mrs. Roberts advised that she was requested to prepare a Resolution to be signed by representatives of the Town of Gulf Stream, Atlantis, Briny Breezes, Greenacres, Manalapan, Ocean Ridge, I2,oya1 Palm Beach and Highland Beach. This document to be presented to the Palm Beach County Municipal League on January 10, 1975, for their presentation to the Palm Beach County Legislative Delegation. A meeting has been arranged at the invitation of the Palm Beach County Delegation, Representative Don Hazelton, Chairman, to meet with representatives of the Palm Beach Municipal League to discuss individual Municipal problems. The abovementioned resolu- tion to be presented by the various representatives and Police Commissioner Senator Hults will represent the Town of Highland Beach. • TOWN MANAGER'S REPORT Re: Building Department: Mrs. Roberts advised of the status of various projects in the Town. She stated that an application has been submitted to Florida Atlantic University for their review and approval of a State Certificate for the Building Official. Further advised of Mr. O'Grady's willingness to acquire additional education. Requested and received the Commission- ers approval that he attend a course endorsed by Building Officials, Attachment "E" describes the 15-week course and cost thereof. Revenue for Calendar Year 1974, building permits amounted to $47,000. Town Manager advised that approximately $8,000.00 of this total applied to Fiscal Year 1975. A report of debris requiring attention was discussed=-matter is receiv- ing attention of the building official. There was discussion regarding the seawall across from Holiday Inn and the bicycle path in that area. Finance Department: The Town Manager advised that a new Finance Director be appointed to fill the vacancy of Mr. Harold Rosenberg. Commissioner Bauer offered • the.motion for approval and summarized the qualification of Mr. Anton Dras~.l -~--.8mployed part-time at a salary of $6,500.00--the motion was seconded and was approved. Dr. Bell is assisting the Department and the Annual Report of the Audit has been received and distributed. Regular Meeting, Public Hearing of the Town Commission, January 7, 1975, Pa.3-: • Health Dept.: A status report was given for the work progress and problems of the bicycle path were discussed. Mrs. Roberts advised that she had written to Lauder- dale Contracting requesting a meeting with her and the Town Attorney and Project Engineer (Messrs. Sliney and Klinck). A letter from Mr. Beekman, attachment "F" was read. He recommended that Mrs. Betty Jean Stewart be honored by having the path named for her with a small ceremony of the dedication. The Commission tabled this for later consideration and/or action. Public Works: The progress of other projects within the Municipality were discussed. The Commission was requested to consider additional sodding not under the contract for certain areas ,between the bicycle path and A-1-A, matter to be considered after findings are made. The Town Manager advised that she accepted the recommendations of Russell & Axon with respect to the Telemeter Line and would continue the present leasing arrangement of $58.00 a month versus a purchase thereof in the amount of $25-30,000.00. At this point, additional discussion took place regarding the bicycle path. • It was the decision of the Town Commission that a Special Meeting be arranged with the aforementioned principals and the Commission be present to resolve the delay in completion of the project. (Time and date to be advised: See Minutes of January 13, 1975). Sewer Treatment Plant and Sewer System: Mrs. Roberts advised the current status thereof. She also requested the Town Commission to consider approval for a contract whereby Mr. Jesse Arney's proposal to be the Sewer Treatment Plant Operator at a monthly renumeration of $250.00. Matter discussed at length. Commissioner Bauer offered the motion that a contract be executed and Commissioner Mumford seconded. All members of the Comission (present) voted their agreement. Discussions also took place regarding Temporary Certificates of Occupancy for the Highland Beach Ambassadors-South, and bids for the 5anifary Sewer System. Mrs. Roberts informed the Commission that she, Jesse Arney and the Vice Mayor will meet on Thursday, January 9, regarding this matter, and other matters. Other Reports: Vice Mayor Joy reported on the Special Meeting held by the Town Commission relative to the Healy Litigation. He read letters received from the Highland Beach Civic League and Mr. William Baker, see attachments "G" ahd "H"respectively. 'these letters support the position of the Town Commission. Matter discussed at length. Re lar Meeting, Public Hearing of the Town Commission, January 7, 1975, Pg.4 • Commissioner Clark spoke at length about the Healy matter and advised that pursuant to the provisions of Section 9.02 of the Charter that the motion shown in the minutes of January 2, should state that it was the consensus of the Commission to have the Healy litigation be decided in the Courts. Due to the absence of the Town Attorney, and upon advice of the Town Manager that an ordinance had been prepared fror the proposed commitment --legal costs, consideration was given to rescind the motion. The Town Manager advised that Attorney Becker informed her that a sum of $12,000 was required for legal costs of the Healy litigation. This amount was added in the Budget for F/Y 75 and other revenue items were also shown in the proposed ordinance which was to have a first reading tonight. Vice Mayor Joy then asked Commissioner Bauer if he would rescind his motion. With assurances that this matter will again be voted after the second reading of the ordinance, Commissioner. Bauer offered the motion to rescind the motion that "the case should be taken to the Courts and not be settled by compromise and Commissioner Mumford seconded this action. Voting Aye were: Vice Mayor Joy and Commissioners Mumford, Clark and Bauer. FIRST READING OF ORDINANCES: An Ordinance of the Town of Highland Beach, Highland Beach, Florida, further amending Ordinance No. 249 - The Budget for Fiscal Year 1975. • Read by title and discussed with agreement that a Special Meeting be called January 24th for consideration and/or approval. Also read were: An ordinance granting a Franchise to Leadership-Cable TV, Amendatory Ordinance, Chapter 11, re: Garbage and Trash disposal, an Amendatory Ordinance, Chapter 18, re: Offenses, Misc., etc., also an Amendatory Ordinance, Chapter 24, re: Streets and Sidewalks, and an Amendatory Ordinance, Chapter 29 re: Water System. The following ordinances had First Readings on December 3, 1974, publication of intention for adoption on December 9, 1974, and were read in full, if approved the effective date to be: January 7, 1975: ORDINANCE NO. 259 - Amends Chapter 9-1/2 of the Code, regarding elevators, etc. Motion for approval offered by Commissioner Bauer, seconded by Commissioner Clark. The roll call vote: Four aye, Vice Mayor Joy, and Commissioners Mumford,--Bauer and Clark. ORDINANCE to amend Chapter 13-1/2, re: Computations of Interim Services and Facilities Fees. TABLED. A motion for approval and seconding thereof was offered; however, following discussion it was deemed desirable that the matter be subject to further review: Affect if charges were based on the • "greater ofd'--Mrs. Roberts to report findings. Regular Meeting, Public Hearing of ORDINANCE NO. 260. Amends Chapter This was amended subsequent to reap offered the motion for approval of Mumford seconded. Voting aye were and Vice Mayor Joy. the 19, Sing the Cone Town Commission, January 7, 1975,P .5 regarding lawn sprinkler systems. thereof, Commissioner Clark amended ordinance, Commissioner nissioners Clark, Mumford and Bauer ORDINANCE NO. 261. Amends Chapter 21, Seawalls, bulkheads, etc. Commission- er Clark offered the motion for adoption; Commissioner Mumford seconded, unanimously approved by Vice Mayor Joy, and Commissioners Bauer, Mumford and Clark. ORDINANCE NO. 262. Chapter 28-1/2 landscaping, etc., amended. Ordinance adopted by the motion offered by Commissioner Clark, seconded by Mumford and agreement of Commissioners Bauer, Clark and Mumford, and Vice Mayor Joy. ORDINANCE NO. 263. Amends Ordinace No. 249 {Budget for F/Y 1975). Amended due to additional amending ordinance which received a first reading, see above. Motion for approval offered by Commissioner Bauer, seconded by Commissioner Mumford and voting aye were: Vice Mayor Joy, and Commissioners Mumford, Clark and Bauer. • ORDINANCE NO. 264. Ordinance delineates commencement requirements for RPUD Projects Nos.. 1 thru 3. Consideration of this measure invoked lengthy discussion. Formal voting was taken after assurances that the Town Counsel's opinion would be secured relative to this measure and if necessary, repeali~rgr action be taken. A lengthy discussion followed and several persgns spoke on this action. Ordinance as amended, approved on motion offered by .Vice Mayor Joyand seconded by Commissioner Bauer: and approval of Vice Mayor Joy and Commis- sioners Mumford, Clark and Bauer. See over for Ordinance No. 265. RESOLUTION NO. 276: Copy attachment."I". Directed to the Palm Beach County Legislative Delegation requesting continuation of the Annual Pre-Legislative Meetings, etc. Commissioner Mumford offered motion, Commissioner Clark seconded, there were no dissents. Mrs. Betty Jean Stewart requested that the Commission refrain from spending funds to the proposed path dedication. No other business was transacted, the meeting adjourned at 11:00 P.M. APPROVED ~ ~ ~ti~~~ ORDINANCE NO. 265 - Providing for Transitional Moratorium Variance Board. Approved on a motion for approval offered by Commissioner Clark and seconding. of~Commissioners Mumford rand Bauer. Voting aye were: Vice Mayor Joy and Commissioners • Mumford, Clark and Bauer. • •