1973.06.05_TC_Minutes_Regular MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - dune 5. 1973 7:10 P.M.
All Commissioners were present except Mayor Horton. Also present were the Town
Administrator, the Zoning Administrator the Police Chief and many residents.
Vice Mayor Dent introduced Mr. David Reid, the County Tax Assessor, who explained the
increase in tax assessments for the Town:
1972 - Gross - $36
1973 - Approximately $50, 323 .180.00, $14;OOO,O00.00increase or 39 %.
(includes $5,000,000.00 - new construction.
Mr. Reid presented several of his employees, and described their credentials. He
stated that notice cards will be sent from his office about late June. Formal
petition forms will be furnished to Town Hall and assistance will be available 8t the---- -
South County Complex in June. Discussion followed.
The minutes of the regular meeting on May 1st, and the workshop meetings on May 12th
and June lst were approved as read. After the correction that Commissioner Gilday met
with Attorneys de Claire and Sliney of T ylander, de Claire, Becker & Van Kleeck,
the minutes of the 5 "cia3 meeting of May 12 were approved. Commissioner Gilday
explained that the World Conference of the International Union of Local Authorities
he is attending in Switzerland is at his own expense.
Mr. August Urbanek asked what action would the Commission take in regard to his
request to fill certain lots in Town. Mrs. Roberts referring to the minutes of
June 1st, reminded Mr. Urbanek to apply to the T.I.I.F. for their approval. Re-
garding the sewage treatment plant, Mr. Urbanek stated the plans should be
ready shortly and requested that a special meeting be held on Monday, June 11th
for tentative approval and possible issuance of building permits.
Vice Mayor Dent read the following correspondence:
1. Received from State Senator Russell Sykes opposing the entire concept
of the Regional Planning Council.
2. A copy of a Resolution passed unanimously by the Northwest Broward
Council of Mayors, urging the repeal of the Florida State Comprehensive
Planning Act of 1972, the repeal of the Florida Environmental Land &
Water Management Act of 1972, and the defeat of Florida State Multi -
County Planning Commissions Act of 1978.
3. Received from State Representative David C. Clark acknowledging receipt of
our Resolution # 222, urging the Florida Legislature to enact legislation
clearly authorizing the levy of occupational license by each municipality.
4. Received from the Florida Department Of Transportation, agreeing with our
Resolution #224, urging completion of I 95 in Palm Beach County.
5. Received from State Senator Chester W. Stolzenburg and State Representative
David C. Clark, agreeing and replying to Resolution # 224.
6. Received from Seagate of Highlands Condominums, explaining that according
to their by -laws the use of their recreational facilities is restricted to
members and guests only and expressing regrets that it is not for public use.
7. Request from the Science Museum and Planetarium a solution to funding their
facility. It was suggested to direct them to the Board of County Commissioners.
8. A letter received from Mr. Howard Williams, suggested to contact Mr. William
Carlton in Tallahassee- Bureau of Natural Resources for approval of'.the
Urbanek plans.
MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - June 5, 1973 7:p .m. Page 2
9. A letter received from Mr. William Carlton offering a representative of his
u department to review building plans for oceanfront developments.
10. A letter received from Mrs. Betty Jean Stewart in regard to the proposed
beach tax. Mrs. Roberts will contact the County Commission for dates of any
public hearings to be held.
.TAX & FINANCE: In Finance Commissioner Abbott's absence, Mrs. Roberts read the 7
months (May) financial statemert.
BUILDING: Vice Mayor Dent read an application received from Boca Hi, for approval
of a construction trailer. It was granted for six months, without the sign by a
motion by Commissioner Gilday and seconded by Commissioner Joy. The following voted
in favor: Vice Mayor Dent and Commissioners Gilday, Joy and Mumford. Mr. Dent read the
monthly building report:
a. A permit was granted to remodel the Winterhalter Inn from 68 units to 28 apartments.
b. Meetings have been held between the Oliver - Hoffman Company and the building de-
partment, reviewing site plans for RPUD of 1048 Units.
c. Radice Development presented development plans to the Town Commission, proposing
to build 152 units -76 each side of AlA.
The Vice Mayor read a letter received from Oliver - Hoffman Company requesting to fill
lots 59, 60 and 62. Accompanying this requesting was a letter from T.I.I.F, approving
fill for lots 60 and 62. Mrs. Roberts said she will write to Mr. Hoffman in regard to
lot 59.
Mr. Ralph Walton requested that the Police Chief check the speed of the trucks hauling
u fill dirt.
Vice Mayor Dent read a letter to the Board of County Commissioners from Mayor Horton
urging them to approve action of the C.G.C. Corporation to open their lagoon into the
Intracoastal Waterway.
PUBLIC WORKS & WATER: Commissioner Joy made a motion to approve an estimated cost of
$7,700.00 for the telemeter lines at the Water Plant. Commissioner Gilday seconded
and the.following voted yes: Vice Mayor Dent and Commissioners Gilday, Joy and Mumford.
Commissioner Joy reported the automatic equipmert for starting the gas engines in the
water repump station has been installed and is operating. He stated we are investigating
a generator to operate in case of emergency for the Fire, Police and Town Hall facilities.
Mr. Joy reported that Mr. Arney has sold the A and S Utility Company and that the Town
Attorney will be contacted to draw up an addendum to the present contract, for Mr. Arney
only. He said he and Mrs. Roberts had met with an engineer from Eastern Elevator, and
as a result a proposed Ordinance regarding operation of elevators and providing fireman's
service, will be read later. Commissioner Joy reported that the water committee had met
regarding the engineering for the Water Plant expansion- of priority is an addition to
the filter system.
Public Health & Environment: Commissioner Mumford asked for a decision of the dedication
date and it was decided to hold it in October when everything is completed -Town Hall,
Police and Fire facilities. Mrs. Mumford said she has received complaints about dogs on
the beach and suggested we enact a leash law. Mrs. Roberts answered she will research it.
Commissioner Mumford reported attending a tree conservation seminar in Boca Raton last
Thursday, "May 31st. She said it was interesting and informative and she brought a
4/ packet containing booklets on trees, for the Town Hall use.
MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - June 5, 1973 7:10 P.M. Page 3
POLICE AND LEGAL: Commissioner Gilday reported that the Police Department is running
smoothly, that Patrolman Cecere has been named acting Sargeant in charge of the de-
partment in the Chief's absence and that Sargeant Cecere will attend an Emergency
Preparedness Seminar on Wednesday, June 13th in Ft. Lauderdale. Mr. Gilday stated the
new attorney, Mr. Sliney, is working on the Steinhardt matter. Regarding the Van Lennep
and Healy suits, Commissioner Gilday said they are still pending but no dates set as
yet. He said the 3200 Development Corporation case is pending settlement.
ZONING: Chairman Walton reported receiving two letters from the Highland Beach Civic
League, that the Planning Board met on Saturday, June 2, and that a Public Hearing
is scheduled for June 26th at 2 :00 in St. Lucy Church to consider zoning for municipal
services, parking within front setbacks and establishing a cap on dwelling units.
Discussion followed.
COMMUNITY APPEARANCE BOARD: No report.
TOWN ADMINISTRATOR: Mrs. Roberts read a thank you note received from Mrs. A.C.George,
Tor the framed Resolution honoring her husband that was presented to her. A copy of
the West Palm Beach Urban Area Transportation Study policy manual and handbook was
received from the Area Planning Board and is available in Mrs. Roberts office. A
letter received from the State Department of Transportation listed the quarterly
traffic count:
South Town limits: 1973 -4686 1972 -3684
North Town limits: 1973 -3928 1972 -4176
Mrs. Roberts read several dates of hearings in Tallahassee on June 19th by the D.P.C:
1. State Water Pollution Control Work Plan
2. Standard Sampling Techniques and methods of analysis for determination of air
pollutants.
u 3. Loan funds for sewage treatment facilities.
On 6/21/73: Public Service Commission for consideration and adoption of rules for
water and sewage facilities.
After a complaint was received from a Bel Lido resident about a seawall in disrepair,
Mrs. Roberts reported she contacted the owner who has notified us that she has contracted
with a Marine Contractor to have the seawall repaired.
Resolution #225, appointing Mrs. Mary J. Ciomei, as Town Clerk effective July 1, 1973,
was moved for approval by Commissioner ,Gilday. It was seconded by Commissioner Joy and
the following voted yes: Vice Mayor.,Dent and Commissioner Gilday, Joy and Mumford.
Resolution #226, was read, which designates the Town Administrator, Mrs. Roberts, the
authority. :sign certain legal documents. Commissioner Gilday moved it be approved.
Commissioner Mumford seconded and the following voted for: Vice Mayor Dent and
Commissioner Gilday, Joy and Mumford.
Resolution # 227, appoints a Town Prosecutor, Attorney Thomas E. Sliney, to represent
the Town in the Municipal Court of the Town of Highland Beach. Commissioner Gilday
moved it be approved, Commissioner Mumford seconded and the following voted aye:
Vice Mayor Dent and Commissioner Gilday, Joy and Mumford.
MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - June 5 1973 7:10 P.M. page 4
Resolution #228 approving an agreement to be entered into by users of Interim
Treatment Plants for sewage pursuant to guide lines established by the DPC, the APB
and the City of Delray Beach, was moved for approval by Commissioner Mumford and
seconded by Commissioner Gilday. The following voted yes: Vice Mayor Dent and Commissioners
Gilday, Joy and Mumford.
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An Ordinance #206, amending the Fire Code Ordinance received the second reading.
Commissioner Joy moved for adoption and Commissioner Mumford seconded. .T he followirg
voted aye: Vice Mayor Dent and Commissioners Gilday , Joy and Mumford.
An Ordinance #207, adopting the State Sanitary Code Chapters 385 and 386 Florida
Statutes, received the second reading. Commissioner Mumford moved it be adopted,
Commissioner Joy seconded and the following voted yes: Vice Mayor Dent and Commissioners
` Gilday, Joy and Mumford.
A proposed Ordinance adopting the American National Standard Safety Code for elevators,
dumbwaiters and moving walks by reference, had a first reading.
A proposed Ordinance amending the Sign Ordinance, received the first reading.
New business: Mr. Earl Totz, president of the Bel Lido Association requested the use
of the Town Hall for July 12th.
The bills and accounts were approved for payment.
The meeting was adjourned at 10 :15 p.m.
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APPROVED: �
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ATTEST:
4ownerk
DATE:
RESOLUTION NO. .
A RESOLUTTOYfOP,THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR
THE TOWN COMMISSION TO DESIGNATE SOME QUALIFIED PERSON TO BE APPOINTED
TO TOWN CLERK.
WHEREAS, The Town Charter has been repealed and new sub- section added,
which permits the appointment of a Town Clerk other than an elected
Commissioner; and
WHEREAS, this change was voted by the registered voters in the Town
on May 2, 1972,
NOW, THEREFOR, be it resolved by th Thwn Commission of the Town of
Highland Beach, to appoint as Town Clerk of
the Town of Highland Beach.
Passed and adopted this day of &q972
Mayor
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ATTEST:
Town Cler
Town Seal
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�✓ RESOLUTION NO.
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH,
HIGHLAND BEACH, FLORIDA GRANTING THE TOWN ADMINISTRATOR THE
AUTHORITY TO SIGN CERTAIN LEGAL DOCUMENTS, SUCH AS APPLICATIONS TO
THE STATE OF FLORIDA, BOARD OF TRUSTEES OF THE INTERNAL IMPROVE-
' MENT FUND AND THE FLORIDA DISTRICT OF THE ARMY CORPS OF ENGINEERS
WHEREAS, it is necessary to designate to a town official the authority
to sign legal documents, such as applications to various State and Federal
Agencies in preparation for the Water Expansion Program,
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NOW, THEREFORE, BE IT RESOLVED by the Town Commission of the
Town of Highland Beach, Highland Beach, Florida, that the Town Administrator,
Mrs. Elaine W. Roberts, be authorized to perform this duty.
PASSED AND ADOPTED THIS DAY OF
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1973.
TOWN OF HIGHLAND BEACH
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Louis Horton, Mayor
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ATTEST:
Town Clerk
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(Seal)
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RESOLUTION NO.
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, HIGHLAND BEACH, FLORIDA APPOINTING
A TOWN PROSECUTOR TO REPRESENT THE TOWN IN THE
MUNICIPAL COURT OF THE TOWN OF HIGHLAND BEACH
WHEREAS,, the Town activated the Municipal Court of the Town of Highland Beach
and appointed a Municipal Court Judge by Resolution No. 216 passed on January 16,
1973, and
WHEREAS, the Town is in need of representation by a Town Prosecutor,
NOW, THEREFORE, BE IT RESOLVED by the Town Commission of the Town of Highland
Beach, to appoint Thomas E. Sliney,.Esquire, as Town Prosecutor to serve at the pleasure
of the Town Commission.
PASSED AND ADOPTED THIS <� day of , 1973.
TOWN OF HIG ND BEACH
Louis. Horton, Mayor
ATTEST:
Town Clerk y
(Seal)
INTERIM SEWAGE TREAT:IENT PLANT AGREEMENT
for
DELRAY BEACH, FORIDA SERVICE AREA, SPECIFICALLY HIGHLAND BEACH
THIS AGREEMENT made and entered into this day of
1973, by and between the TOWN OF HIGHLAND BEACH, hereinafter referred to as
"Town" and
hereinafter referred to as "Developer ".
WITNESSETH:
WHEREAS, as provided in the "Plan for Regional Water Supply,
Treatment and Distribution; and Regional Sewage Collection, Treatment and
Disposal" for Palm Beach County, Florida, promulgated by the Area Planning
Board of Palm Beach County, March 11, 1972, and subsequently approved by the
Florida Department of Pollution Control, the City of Delray Beach has been
designated as the Agency responsible for water treatment and /or sewage treat-
ment and disposal service within the Delray Beach service area; and
WHEREAS, implementation of that responsibility is subject to regulations
and requirements of the:
(1) Area Planning Board of Palm Beach County,
(2) Florida Department of Pollution Control and,
(3) U. S. Environmental Protection Agency; and
WHEREAS, on January 15, 1973, the City of Delray Beach received a
Temporary Operation Permit with certain stipulations pertaining to continued
operation of the existing; sewerage facilities and ocean outfall system. One
of the stipulations provided for additional connections to the sewerage system by
utilization of package treatment,.plants, providing a minimum of 90% treatment
(BOD and SS removal). Another stipulation provided that the use of such plants
must be.discontinued and that they must be removed from the system as soon as
the City's regional treatment plant is placed in operation; and
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WHEREAS, the Area Planning Board's regional plan requires that such
interim plants be placed under direct control of Beach, to be
maintained by the,Town of Highland Beach; and
WTEREAS, at the Area Planning "Board of Palm Beach County meeting held on
February 22, 1973, the policy of the APB was changed to permit interim sewage
treatment plants in Delray Beach providing that they meet APB and DPC and local
guidelines for installation and operation; and
WHEREAS, to facilitate implementation of Federal, State and County require-
ments for Developer desiring to obtain waste water disposal service for new
construction within City's service area;
NOW, THEREFORE, in consideration of the mutual covenants, promises and
and repre$entation5 herein, the parti he r eto ag ree as follows:
`rte
A. It is mutually agreed as follows:
1. That this agreement is supplementary and in addition to Federal,
State and County requirements and guidelines for design, permits and approvals,
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operation and maintenance.
I 2. That prior to submittal to high authorities For permits and approvals,
plans and specifications for interim package wastewater treatment plants and the
information required by higher authority, including a legal description and survey
of the plant site, must be submitted to and approved by the Town of Highland
Beach. Such submittals shall be made directly to the office of the Building Depart -
't mer The Town approval of such application will constitute merely a pro- fol7ra
approval subject to subsequent action by higher . authorities and as such, will not
be sufficient authority for issuance of any construction permits.
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3. That upon conditional approval by the 'own the applicant will be
required to submit the necessary application and documents to the Area Planning
Board of Palm Beach County and the Palm Beach County Health Department for further
processing to the Florida State Department of Pollution Control in accordance with
the regulations of those agencies.
4. That no construction of interim. treatment plants shall be started
until the applicant has received the required approvals of•all County and State
renulatory agencies, and a copy of the plans as finally approved ailed with the
Town, as well as appropriate building permits as may be required by the l:unicipai
agency having building- pe7�,;it jurisdiction at the interim plant site.
5. That this agreementris'in addition to, and does not supplant any
established regulations covering zoning, site planning, engineering, building permits,
or any other provisions of subdivision and land development regulations as may be
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in effect pertaining to the area to be serviced by the interim package wastewater
treatment plant.
6. That no certificate of occupancy shall be issued for units utilizing
the tr eatment plant until approval of the interim plant and permanent connection
facilities have been approved and accepted by the Town.
' 7. That where the permanent connection will not. be dedicated through a
recorded plat, such dedication shall be made by appropriate instruments at the time
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..... of execution of this agreement.
B. Developer agrees as follows:
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!' 1. Upon completion of treatment plant, to lease at no charge the
treatment plant and site for temporary'ownership and operation by the Town for u11
control and maintenance by the Town until 24 hours (1 day) after receipt of said letter
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referred to in 2 (a) following:
2. Post a bond in an amount as determined by the Town Commission.
�..� Such bond is to provide for:
(a) The immediate permanent connection to tte Town's system and
disconnection of the interim treatment plant upon receipt of written notification
by certified mail to. developer that the new sewage treatment plant of the City
of Delray Beach is ready to receive Developer's sewage, and
(b) The removal from the Town of the interim treatment plant within
60 days after date of mailing said letter in (a) above.
3. As an integral part of the treatment plant, to install the necessary
facilities for permanent transmission of sewage to the Town's sewage collection
system at a point in the City's proposed system.as determined by the City of
Delray Beach and the City's and Town's consulting engineers. Such permanent connection
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j from Developer's collection system shall provide valves and piping as necessary for
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immediate disconnection of the interim plant from sewers in the Developer's ares
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i within 24 hours after receipt of said notice in 2 (a) above.
4. To have an interim treatment plant which will:
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(a) Dispose of all liquid effluent into the present Town collection
system.
(b) Provide easy access to and within the plant site for removal
of solid waste, sludge, etc.
5. During the period of operation a:rd maintenance of interim plants 'by
personnel of the Town of Highland Beach, the Developer be charged for such,
operation and maintenance in addition to t►`e normal sewage system connection charges
and monthly service rates currently applied to all other similar users (or "customers ")
of the Town's sewerage system. Such charges will be based on the design capacity of
the plant and shall be paid by Developer monthly in advance., commencing on date of
actual usage.
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Size of Plant Avera &e No-.--of--Units Monthly Operating Charge
10,000 gals /day 3U $ 300
15,000 gals /day 45� $ 425 (,
20,000 gals /day $ 540
* 50,000 gals /day l` $1,080
100,000 gals /day 3 0 $1,485
200,000 gals /day 00 $2,430
400,000 gals /day ,200 $3,720
500,000 gals /day ,500 $4,000���
* Min, size interim SWP permitted by APB of PBC
C. Town agrees to:
1. Operate the interim plant upon receiving the lease and acceptance by
the Town Commission, and Consulting Engineers,
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2. Release the bond upon the permanent corvers:i.on to the Sewage system
and removal of interim plant from Town of highland Beach.
D. The parties have read and understand the whole of the above Agreement
4 and now state that no representation, promise or agreement n ot expressed in this
Agreement has been made to induce either party to enter into it.
IN WITNESS WHEREOF, the Developer and the Town have hereunto caused to
be affixed the signatures and seals of their respective officers or, the day and year
first above written.
' (seal) TOWN OF HIGHLAND BEACH
h' a Ala aicipal corporation
ATTEST: By:
(seal)
ATTEST: ' By:
STATE OF FLORIDA )
COUNTY OF PALMI BEAC I: )
BEFORE 1%M, the undersigned authority, personally appeared of the Town
of Highland Beach, Florida, and acknowledged that they are the appropriate Town
officials qualified to execute the foregoing Agreement and that they have executed
said Agreement for the purposes therein expressed.
SWORN TO AND SUBSCRIBED before me this day of
1973.
Notary Public, State of Florida at :.urge
My Co - a ission Expires
STATE OF FLORIDA )
COUNNTY OF PALM BEACH )
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BEFORE ME, the undersigned authority, personally appeared
of ar'd
acknowledged that they are the appropriate corporate officials qualified to execute
the foregoing Agreement and that they have executed said Agreement for the purposes
therein expressed.
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SWORN TO AND SUBSCRIBED before me this day of
1973.
Notary Public; State of F lorida at Large
My Commission Expires
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RESOLUTION NO �` r,
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, APPROVING AN AGREEMENT
TO BE ENTERED INTO BY USERS OF INTERIM TR.EATIxMNT
PLANTS FOR SEWAGE .PURSUANT TO GUIDE LINES ESTAB-
LISHED BY THE FLORIDA DEPARTMENT OF POLLUTION CONTROL,
THE AREA PLANNING BOARD OF PALM BEACH COUNTY, AND
THE CITY OF DELRAY BEACH
WHEREAS, The Town of Highland Beach has a contract with the City
of Delray Beach for Disposal of Pretreated Sanitary Sewage, and
WHEREAS, the temporary operating permit issued to the City of
Delray Beach by the Florida Department of Pollution Control authorized
interim treatment plants meeting certain standards and conditions of
installation and operation; and
WHEREAS, the Area Planning Board of Palm Beach County has adopted
local guide lines for installation and operation of interim sewage plants
in Delray Beach and thus highland Beach; and
WHEREAS, for the City to facilitate implementation of Federal,
State and County requirements, local guide lines have been established
by the City of Delray Beach for the benefit of all parties desiring to
obtain wastewater disposal service for new construction with the Delray
Beach service area; and
WHEREAS, the Area Planning Board of Palm Beach County has approved
the attached agreement,
THEREFORE, BE IT RESOLVED by the Town, Commission of the Town of
Highland Beach, Highland :Beach, Florida, that:
1. The attached agreement titled "Interim Sewage Plant Agreement
for the City of Delray Beach, Florida" shall be used by the Town for all
those qualifying for the use of interim treatment plants pursuant to estab-
lished criteria.
2. The Town is authorized to enter into said agreement with each
qualifying; applicant.
3. Copies of this resolution, including the attached agreement,
shall be forwarded immediately to the City of Delray Beach and the Area
Planning Board of Palm Leach County.
4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS day of
1973. k
TOWN OF HIGHLAND �ACGH
Lou s, Horton, Mayor
- (Town seal)
A'T'TEST:
Town Clerk
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