1983.05.04_TC_Minutes_Regular (2) TOWN OF HIGHLAND BEACH, FLORIDA
TOWN COMMISSION
Regular Meeting May 4, 1983
1:30 P.M.
Mayor Horton called the Regular Meeting to order at 1:30 P.M. Those
in attendance were: Mayor Louis Y. Horton, Vice Mayor Mary Louise G.
Blosser, Commissioner William E. Paul, Commissioner Betty Jean Stewart,
and Commissioner Harry Walker.
Also in attendance were Tom Sliney, Town Attorney; Elaine W. Roberts,
Town Manager; and Rita Ebersole, Deputy Town Clerk.
Mayor Horton proposed that a Resolution be drawn up for each of the
Commissioners whose terms have expired, listing the accomplishments
of the Town during the past several years, in which they participated.
Motion was seconded by Vice Mayor Blosser and all voted Aye.
2. Pledge of Allegiance
3. Approval of Minutes - March 29; March 31; and April 12, 1983.
4. Public Requests
Mr. Walter Lindberg of 4404 South Ocean Blvd., expressed his
opinion concerning the newspaper vending machines. He said
they are a danger to traffic and pedestrians; a detriment to
the beauty of the Town; and vehicles use his driveway for a
turning lane. In short, they are unsightly and hazardous and
he would like some action taken. Mayor Horton explained that
we are hampered by a recent Court decision favoring these
newspaper machines but we are still looking for a solution.
Boy Scout Hap Crowell, a resident of Bel Lido Town Subdivision,
is working toward his Eagle badge. His proposed project is to
construct tables, benches, paths which would be used in a small
passive day time park behind Town Hall. He stated that the Boy
Scouts of America have a multi- million dollar Insurance Policy
and the project would be supervised by a minimum of two adults.
He said this would be a wilderness type park with no lights,
to be used in the day time only and would not require security.
Hap also said the other Scouts working on the project will
submit a parental release letter. Tom Sliney, Town Attorney,
will check their insurance policy and study the whole matter.
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Town of Highland Beach
Town Commission
Regular Meeting
May 4, 1983 Page 2 of 13
Mr. Don Manson of J.D.S. Investments Limited, representing
Ocean Terrace North, South & West inquired if Ocean Terrace
South and West was subject to the Moratorium since they are
planning to proceed this fall with their other two buildings.
Mrs. Roberts will check the Moratorium Ordinance and
advise Mr. Manson.
Mr. Dent again voiced his objection to the "Wackenhut study
of the Highland Beach Police Department."
5. Reports - Boards and Committees
(a) Board of Adjustment - This Board had their quarterly
meeting in April, Mrs. Roberts reported.
(b) Code Enforcement Board - This Board will have their next
meeting on May 18, 1983. They have recommended Mr. Nick
Johnson as Alternate #2.
(c) Community Appearance Board - Mrs. Leng congratulated
Mayor Horton, Betty Jean Stewart and William Paul on
their election. She then discussed the possibility of
Braemer Isle's C /O. Mrs. Roberts said although the new
Municipal Building was ready for a C /O, she would prefer
to wait until the electric power was rechecked because
of the problem with the Voting counter machines over-
heating.
(d) Financial Advisory Board - This Board recommended a
revision of the Utility trainee salary schedule. Mrs.
Roberts said the Fiscal Year 83 -84 Department Budgets
will be submitted to her by May 27th. The Financial
Advisory Board will probably have their next meeting
in June.
(e) Health Officer - no report.
(f) Housing Board of Adjustment & Appeals - This Board held
their quarterly meeting in April.
(g) Planning Commission /Local Planning Agency - Their next
meeting is scheduled for May 11, 1983.
Town of Highland Beach
Town Commission
Regular Meeting
May 4, 1983 Page 3 of 13
(h) Police Committee - Mr. Bennett, member of the Committee
suggested the Town Commission issue a Resolution stating
that they are in agreement with the present Police
Department and have no thought of replacing them with
a Security organization. Mayor Horton felt a Resolution
was not necessary but asked Mr. Bennett to tell the
Committee it was the consensus of the Town Commission
that there was no thought along these lines. It was
merely an ugly rumor.
It was decided to workshop appointments at this time, in
order to give the new Town Commissioners more time to become
acquainted with the Boards, Committees, and recommended
candidates.
6. Proposed Ordinances
(a) Proposed Ordinance No. - An Ordinance of the Town
of Highland Beach, Florida, amending the Code of
Ordinances of the Town of Highland Beach, Chapter 18,
entitled "Offenses and Miscellaneous Misdemeanors,"
Section 18 -11 (14) entitled "Amplified Sounds Outside
Enclosed Buildings."
This Ordinance was read in full by Mayor Horton. However,
Attorney Sliney felt more work was needed on it. He will
get further information from neighboring cities. The
Ordinance was tabled until the May 31, 1983 Workshop meeting.
(b) Proposed Ordinance No. - An Ordinance of the Town
of Highland Beach, Florida amending the Code of
Ordinances of the Town of Highland Beach, Chapter 30
entitled "Zoning ", Section 8.4 entitled "Certificates
of Occupancy."
This Ordinance was read in full by Mayor Horton, corps tituting
a second reading.
MOTION was made by Vice Mayor Blosser, seconded by Commissioner Stewart
to approve as read. In polling the Commission, the vote was as
follows: Commissioner Stewart - Aye; Commissioner Walker - Aye;
�/ Commissioner Paul - Aye; Vice Mayor Blosser - Aye and Mayor Horton - Aye.
Town of Highland Beach
Town Commission
Regular Meeting
May 4, 1983 Page 4 of 13
(c) Proposed Ordinance No. - An Ordinance of the Town
of Highland Beach, Florida, amending the Code of
Ordinances of the Town of Highland Beach, Chapter 30
entitled "Zoning ", Section 8.5 entitled "Expiration
of Building Permit."
This Ordinance was read in full by Mayor Horton, constituting
a second reading.
MOTION was made by Commissioner Walker, seconded by Vice Mayor Blosser
to accept as read. In polling the Commission the vote was as follows:
Commissioner Paul - Aye; Vice Mayor Blosser - Aye; Commissioner
Walker - Aye; Commissioner Stewart - Aye; and Mayor Horton - Aye.
(d) Proposed Ordinance No. - An Ordinance of the Town
of Highland Beach, Florida, to be designated as the
Partial Building Permit Moratorium Ordinance; relating
to suspension of applications for Building Permits for
new construction and the issuance thereof; making
legislative findings of fact; declaring the legislative
intent and purpose of this act; declaring a moratorium
on applications for and issuance of Building Permits
for new construction; and providing for an immediate
effective date.
This Ordinance was read in full by Tom Sliney, constituting
a second reading.
There was some discussion regarding piling permits, building
permits and construction trailers. Mr. Sliney assured the
Commission that the Moratorium Variance Appeals Board is
still in effect.
MOTION was made by Commissioner Walker, seconded by Vice Mayor Blosser
to accept the Ordinance as read. In polling the Commission the vote
was as follows: Commissioner Stewart - Aye; Commissioner Walker - Aye;
Commissioner Paul - Aye; Vice Mayor Blosser - Aye; and Mayor Horton -
Aye .
7. Reports - Town Commission
(a) Mayor Louis Y. Horton - Mayor Horton announced that he
will be taking a short vacation. He will check erosion
Town of Highland Beach
Town Commission
Regular Meeting
May 4, 1983 Page 5 of 13
on the beaches in North Carolina and Virginia and will
meet with Congressman Mica in Washington to discuss this
problem. He intends to visit Long Island to investigate
artificial sea weed which is used to prevent erosion.
If the information is significant, he may attend a
symposium in San Diego on Coastal and Ocean Management
on June lst through 4th. The Mayor requested the Town
to cover the cost of registration and hotel at this
symposium, if it materializes.
MOTION was made by Commissioner Walker, seconded by Vice Mayor Blosser
to cover these costs. All voted Aye.
(b) Vice Mayor Mary Louise G. Blosser - Vice Mayor said
Seagate will be contacting the Town soon re the Depart-
ment of Transportation offer regarding drainage. She
has had discussions re the Building Department and will
be meeting with Betty Weatherford for a reevaluation
on the Library.
(c) Commissioner Harry Walker - No report.
(d) Commissioner Betty Jean Stewart - No report.
(e) Commissioner William E. Paul - No report.
8. Reports - Town Attorney - Mr. Sliney stated several cases
are active at the present time. Regarding the Delray /Highland
Beach sewer issue there are two: (1) Our request for a
declaratory judgement and (2) Delray's suit against us. He
has moved to transfer both of these to Division Q to be heard
in the South County Court House. Delray attorneys have not
yet consented to this. Regarding the Milani suit, an amended
complaint has been filed questioning the constitutionality of
Community Appearance Boards. The Lauderdale Contracting case
has been set for hearing the week of August 29th in the
Circuit Court.
9. Reports - Town Manager - gave a short report
Building Department
Mrs. Roberts reported that CIO's have been issued to Villa
u Magna and Trafalgar Developers for the Coronado East Tower
and Guardhouse.
Town of Highland Beach
Town Commission
Regular Meeting
�./ May 4, 1983 Page 6 of 13
Finance Department
Monies collected during the month include: $9,400 from
Florida Power and Light; $4,300 from Southern Bell; $290
in delinquent taxes; $504 in occupational license taxes:
There is presently approximately $80,000 in outstanding
taxes. Mrs. Roberts feels the outstanding taxes are on
the Drexel and Hoffman properties because they are opposing
their assessed valuations. She will investigate further.
Mrs. Roberts further reported that the State of Florida
sales tax distribution is $29,000; Fines & Forfeitures $400;
Cable TV $913.
Police Department
The Police Department monthly report has been received.
Utilities Department
Reports from the Utility director are on the clipboard
along with a letter from Ernie Sturts to Joe Moss re
infiltration inflow program.
Mrs. Roberts said Jane Rayner has been representing
Highland Beach and the Palm Beach County Municipal League
in discussions re the 4G additional sales tax on gasoline.
Mrs. Rayner explained the proposal in detail recommending
that the Town endorse the 4(� tax on gasoline. Commissioner
Walker said the Town's share would be in excess of what
residents would be paying in taxes. Commissioner Stewart
said the money could be used to pay back the Town for the
expenditure in building the Bel Lido bridge.
MOTION was made by Commissioner Walker, seconded by Vice Mayor Blosser
that the Town urge the County Commission to approve the 4-� additional
gas tax. All voted Aye.
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Town of Highland Beach
Town Commission
Regular Meeting
May 4, 1983 Page 7 of 13
Proposed Resolution - A Resolution of the Town Commission
of the Town of Highland Beach, Florida, requesting the
Board of County Commissioners to levy the four cent
transportation tax.
This Resolution was read in full by Viee Mayor Blosser and
MOTION was made by Commissioner Walker, seconded by Commissioner
Paul to accept as read. All voted Aye.
Proposed Resolution - A Resolution of the Town of Highland
Beach, Florida, sponsoring Mayor Louis Y. Horton for
consideration to receive the Philip D. Lewis Statesman Award.
This Resolution was read in full by Mrs. Roberts and
MOTION was made by Commissioner Walker, seconded by Commissioner
Paul to accept the Resolution as read. All voted Aye.
Mrs. Roberts reported that she has requested the Mayor of
Delray and the Mayor of Boca Raton to join us in our efforts
to have the speed limit on AlA lowered to 35 mph.
Mrs. Roberts received three bids for the work on the ground
storage tank with the lowest quote of $2,921 from Florida
Service Engineering Inc. The Town Commission decided not to
approve this expenditure until the money is available.
Regarding the Town Clerk position, Mrs. Roberts endorsed the
hiring of Joan Barrow. After some discussion a
MOTION was made by Commissioner Walker, seconded by Vice Mayor
Blosser to hire Joan Barrow on or about June 1, 1983. All agreed.
Mrs. Roberts suggested the Public Hearing dates for the
Comprehensive Plan and the Budget be coordinated. Tom
Sliney and Mrs. Roberts will set dates.
Mrs. Roberts received a quote of $1,560 to repair the storm
drain at Dr. Schram's house.
Town of Highland Beach
Town Commission
Regular Meeting
May 4, 1983 Page 8 of 13
MOTION was made by Commissioner Walker, seconded by Vice Mayor
Blosser to approve this expenditure, which is a repair. All voted
Aye.
Regarding the Building Official, Mrs. Roberts said she had
distributed several pieces of correspondence for the
Commission's study. The position has not yet been advertised.
Mrs. Roberts reported that Mr. Delaney told her that Boca Hi
was leaving the northern Gatehouse in its present position
and using it for construction storage. Mayor Horton said
it was not the Commission's intent that it be used for this
purpose, and it should have been removed on or before
April 30, 1983. Mrs. Roberts will so notify Mr. Delaney.
Consent Agenda
82.30 Utility Salary Schedule Amendment
Amending the salary of a Trainee in the Utilities Department
was discussed. Commissioner Walker felt that because the
Financial Advisory Board had recommended this change, it
must be justified.
A MOTION was made by Commissioner Walker, seconded by Vice Mayor
Blosser to approve this increase in Trainee salary. All voted Aye.
82.100 Southern Bell Request
Mr. Bill Burson again reviewed his request for leasing a
20 36' area behind the Municipal complex. He said a ten
year lease at $100 per month with a five year possible
extension subject to renegotiation would be agreeable.
Mayor Horton asked Mr. Sliney to get together with the
Southern Bell attorney and draw up an instrument to be
available for the next meeting.
83.18 Casuarina, regarding issuance of Building, Electrical
Plumbing and Air Conditioning Permits (piling permit
expires 5/25/83).
Town of Highland Beach
Town Commission
�../ Regular Meeting
May 4, 1983 Page 9 of 13
Mr. Betram Schwartz addressed the Town Commission reviewing
all that his company has done to the present time in order
to be eligible to apply for their building permits. Their
plans have been approved by the Town's committees and boards.
Mr. Sliney said that since he has a piling permit (treated
as part of the building process) which has not expired, it
would seem they could pull their building permit.
Mr. Schwartz also said the project has been approved by the
Fire Brigade, Public Health and South Florida Water Management
District and they are prepared now to go ahead. Their piling
permit is almost 1 year old and will expire May 25, 1983.
Plans which were submitted on April 26, 1983 have gone out
for plan check and should be returned by the end of the week.
Mr. Howard Harris, attorney and partner in the Casuarina
development, also addressed the Commission.
Digby Bridges said the application for permit was submitted
the same day the plans were submitted for checking on April
26, 1983.
Mayor Horton summarized the whole situation and said the
consensus was that if the plan check is satisfactory, the
building permits may be issued.
83.26 Coronado, possible issuance of pool and cabana final C /O
Mrs. Roberts, Town Manager, advised the Town Commission that
the Department of Transportation will not approve a deceler-
ation lane. The road will be left as is for awhile.
Concerning the C/O for the pool and cabana area, Mr. Abbate
made the necessary inspections and found everything to be in
order.
MOTION was made by Vice Mayor Blosser, seconded by Commissioner Walker
to issue C/O on pool and cabana area. All voted Aye.
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Town of Highland Beach
Town Commission
Regular Meeting
May 4, 1983 Page 10 of 13
83.35 Request of Yachtsman's Cove Open House sign and possible
issuance of Final C/O for three units '
MOTION to grant Final C /O, as approved by the Acting Building Official,
was made by Commissioner Paul, seconded by Commissioner Walker. All
voted Aye.
Mrs. Leng, Chairman of the Community Appearance Board, said
the CAB does not favor or approve "Open House" signs, off
the actual location.
Commissioner Paul thought it unfair that residents on AlA
may display signs but the residents on side streest have no
opportunity to do this. Commissioner Walker pointed out that
only new homes or condominiums can be advertised, not resales.
MOTION was made by Commissioner Walker, seconded by Vice Mayor Blosser
that the sign be permitted. Mayor Horton added that the sign be
permitted as requested by the petition with the understanding that
any violation of the hours as stated would violate the petition. All
voted Aye.
Items Left Over from Special Meeting 4/26/83
1. Changes regarding Cable TV Franchise and /or Land Lease
Agreement
Mr. Sliney was satisfied that the changes suggested at
the last meeting were incorporated: (1) mortgage only to
be to NBNA, and (2) that the NBNA be expressly subject
to all conditions of the franchise and that the Bank
furnish a letter approving and accepting both changes.
MOTION was made by Commissioner Walker, seconded by Vice Mayor Blosser
that "we accept the franchise changes on the Town Attorney's assurance
that they carry through our intentions." Mayor Horton added that the
Town not release the original letter until acknowledgement is received
from the bank. All agreed.
2. Possible issuance of Final C/O for Braemer Isle
Tom Sliney read a letter from Mr. Miller, a registered
u Engineer, who examined the cracks at Braemer Isle garage
Town of Highland Beach
Town Commission
Regular Meeting
May 4, 1983 Page 11 of 13
and stated there was no structural problem. A similar
letter was received from Mr. Doig, Engineer.
Mr. Abbate, building inspector, felt the problem of the
cracks had been resolved in the ramps.
Mrs. Roberts suggested that the Town approve the issuance
of a C/O in a day or two, after staff has the opportunity
to check these leaks.
MOTION by Commissioner Walker, seconded by Commissioner Stewart to
approve the C/O as suggested by Mrs. Roberts. All voted Aye.
Concerning the roof problem, Tony Abbate advised that
Hill York was replacing some valves and working with
Tropic Gas. When the work is completed, Mr. Abbate will
be called to inspect.
Items Not Discussed
2. Highlands Place
The building permit for Highlands Place expired on
April 7, 1983. Vice Mayor Blosser said they had a
history of extensions. Mr. Barbatto said they had written
a letter asking for an extension. Mrs. Roberts had only
one letter dated April 19th asking for extensions. She
reminded the Commission that Mr. Holohazy had appeared
before the Commission several months ago and was told to
start construction based on the Building Permit issued
April 7, 1982. The permit expired April 7, 1983 and
Mr. Barbatto claimed that at the Town Commission meeting
of April 5th he was told the permit would be "walked through
again." Mayor Horton suggested that nothing be decided
until we get the facts. Tapes of the meeting of April 5th
will be checked and Mr. Barbatto will be contacted.
8. Question from Le Concord regarding issuance of Building
Permit
Attorney Arthur C. Koski briefed the Town Commission on
the history of Le Concord. He had a letter from our former
building official stating that he was not effected by the
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Town of Highland Beach
Town Commission
Regular Meeting
May 4, 1983 Page 12 of 13
Town's Moratorium. Although he has applied for permits,
Mrs. Roberts advised him the matter would be brought to
the Town Commission. Attorney Koski said construction
plans were submitted and approved by Mr. Hamzik. He
requested a letter of "no objection" be sent to the Depart-
ment of Natural Resources. The Commission agreed to this.
Mr. Koski summarized the discussion as follows:
(1) A letter of "no objection" will be sent to the
Department of Natural Resources.
(2) He has 365 days from September 27, 1982 to pick up
permits.
(3) He has six months to start construction according to
plans submitted.
The Town Commission was agreeable to the above summation.
Mrs. Roberts mentioned a letter received from DNR requesting
additional information re the Third Wind, stairs violation.
New owners have taken over this property and the Commission
felt the Town was not involved at this time.
Mrs. Roberts inquired if the Commission was in favor of
permitting the sales trailers to stay at present locations as
recommended by the Community Appearance Board. The consensus
of the Commission was in favor of this as long as they continue
to keep them attractive and well maintained. The owners will
be notified to obtain new permits.
At this point, Attorney Schwartz asked that when time permits,
he would like the Town Commission to consider separate permits
for sales trailers and construction trailers. Mayor Horton
advised that he would request the Planning Commission to look
into this matter.
The Bills for Approval were presented by Mrs. Roberts:
Rainbow Landscaping, Inc. $3,000.00
(Installation.of 15 trees'- of AlA
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Town of Highland Beach
Town Commission
Regular Meeting
L May 4, 1983 Page 13 of 13
Harvel & Deland $4,054.99
(Replace packing in Valve - Ambass.East)
(Repair 1" Water Serv. line Lift Sta. #2)
(Remove 1" Meter near Lift Sta. #2)
(Install. 7 Meters at Tierra Alta)
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John E. Hunt & Associates, Inc. 1,290.00
(Public Emp.Blanket Bond)
(Public Official Bond Renewal)
j F.H. Foster Oil Corp., Inc. 2,115.06
(Gasoline & Oil)
Sears Roebuck & Co. 1,083.71
(Gen.Acct. - Work Shirts & Pants for Maint.men)
(Utilities Fund - 324 pc tool set w /chest &
cabinet - $883.50)
$11,543.76 TOTAL
MOTION by Vice Mayor Blosser, seconded by Commissioner Paul to
u pay bills as submitted. All voted Aye.
MOTION by Vice Mayor Blosser, seconded by Commissioner Paul to
adjourn. All voted Aye. Time 6:30 P.M.
APPROVED:
Louis I' Horton, Mayor William E. Paul, Commissioner
Mary Louise G. Blosser, Betty an Stewart, Commissioner
Vice Mayor
Harry Wal er, Commissioner
Date:
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