1973.07.03_TC_Minutes_Regular MINUTES: REGULAR MEETING OF THE TOWN COMMISSION- July 3, 1973 - 7.10 P.M.
The regular meeting of the Town Commission was called to order by Mayor Horton
on Tuesday, July 3, at 7:10 P. M. Present were Mayor Horton, Vice Mayor Dent,
L Commissioner Joy and Commissioner Mumford. Commissioner Gilday was absent, on leave.
In attendance were Ms. Roberts, the Town Administrator, Mr. Foster (Building Inspector
and Zoning Official), the Chief of Police and Town Attorney, Mr. Sliney. The meeting
was also attended by interested town residents (which included Ms. Stewart, Messrs.
Beekman, Walton and Johnson) and auditing the meeting were representative of Oliver
Hoffmann Corporation (a developer) and members of the press.
After the Pledge of Allegiance, Ms. Roberts read Minutes of Meetings of June 5, 11,
14, 19, and 26, 1973. These minutes were approved as read.
Mayor Horton read a letter from Mr. Donald Rex who is interested in recent purchases
of ocean lots which are opposite property owned by the same developer - -lots on the
west side of A -1 -A. In the aforesaid letter, Mr. Rex stated that these ocean front
lots have deed restrictions for single- family residences and he deemed it advisable
that the Town Commission be informed as to the developer's planned usage of the newly
acquired property. Mayor Horton instructed the Town Administrator to report her
findings and reply in this matter. The Mayor then reported that the Town had received
a letter from the County Tax Assessor, Mr. David Reid and a recapitulation of the
tax valuations for the Town of Highland Beach. Mayor Horton explained the tax assess-
ment method being employed as of January 1, 1973; i.e., 90% of market value with
resulting total valuations for Highland Beach being approximately 25% higher.
The Mayor then pointed out that any millage charges higher than the tax rate set by the
County Assessor's office must be given due public notice: Notice of Ad Valorem Tax
Levy, the holding of Public Hearings, et al. Mayor Horton advised that Ms. Roberts
will begin to work on the Budget for Fiscal Year 1974. Due to changes by the
Legislature, Fiscal Year 1974 will begin October 1 and end September 30, 1974. Fiscal
Year 1973 will be reduced to an 11 -month year due to the change. The Mayor further
pointed out that the present legislation for state and federal revenue sharing grants
requires that general operating expenditures for Municipalities must be in excess of
three (3) mills to meet one of the prerequisites for receiving revenue funds.
Mayor Horton advised that Ms. Roberts will review and condense information received from
the Florida League of Cities relative to the various laws passed in this session by the
Florida Legislature.
Mayor Horton expres� desire to be able to conduct the next regular meeting, August 7,
in the new building.
The Town Commission was informed by the Mayor that the Palm Beach Board of County
Commissioners have approved the CGC Development to have direct access to the Intracoastal
Waterway. With respect to the Water Expansion Program, bids would be forthcoming in
the next three to four weeks and bids are to include the proposed bicycle path.
Tax and Finance Committee Report
Chairman Ben Abbott advised that changes have been made in the format of Financial
Reports. Vice Mayor Dent questioned certain data and, after explanation thereof, the
Mayor lauded the Chairman for his efforts and approved the new format for reports.
Building Report:
Vice Mayor Dent advised of new sales and purchases: Lot No. 107 was purchased for
development by Mr. Shaw, a party from Kansas City; Jack Mattigan bought Lot No. 101
and plans 32 units on the east side and 72 units on the west side. The Vice Mayor
advised that Mr. Hoffmann brought in a petition for RPUD which was to be forwarded to
L,/ the Planning Board, and this developer has also requested a public hearing .
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MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - July 3, 1973 - Page 2
Vice Mayor Dent informed the Town Commission of other plans and of discussions with
Mr. Steinhardt , regarding plans to be submitted.
A letter received from the Bureau of Beaches and Shores recommending that ocean sites
of Urbanek and Monterrey be 25 feet leeward of the dune crest whereas the Town's
ordinance provides for 16 feet, seawalls, powers of governmental authorities and those
of chartered communities were discussed.
Mayor Horton requested that a motion be made that the Town hire an expert to ascertain
the dune within points of the Town to that of the south -end vis -a -vis the north -end and
advise the Town Commission in respect to amending this ordinance. Vice Mayor Dent
made the motion and it was seconded by Commissioner Joy. Mayor Horton, Vice Mayor Dent,
Commissioners Joy and Mumford all voted in favor of this study. The Mayor requested
Ms. Roberts to prepare the general outline of the scope and cost estimates of this study.
Vice Mayor Dent continued with his building report and informed the Commission that
CGC is requesting approval from the Town Commission to install screens on porches on
the water -side of the townhouses. The Vice Mayor reported that the Building Inspector
had put a work stoppage on the project due to violations. The request is under
advisement. ed
Vice Mayor Dent inforrifthe Town of an application received from Boca -Hi requesting
RPUD re- zoning for 26 acres for a proposed building of 716 units. Commissioner Joy
asked if Mr. Urbanek is exempt from new ordinances; that is since April 1971.
Discussion followed.
Mayor Horton requested that any improper tactics of any builder should be immediately
reported and that the Town be given specific information. Vice Mayor Dent then
advised that the Holiday Inn plans have been approved and the Community Appearance
Board has given their approval of the parking lot.
Public Works
Commissioner Joy advised that Mr. Jesse Arney having sold the A & S Utility firm,
his contractual relationship was being amended, by an Addendum to the Contract of
April 1972 and such addendum was ready for execution. Commissioner Joy moved that
the Addendum be approved and Commissioner Mumford seconded. Mayor Horton, Vice
Mayor Dent, and Commissioners Joy and Mumford voted in the affirmative. Commissioner
Joy then advised that on Wednesday, July 11, a meeting is scheduled for the expansion
of the Water Treatment Plant. The meeting will include representatives of Russell &
Axon, members of the Public Works Commission, Mayor Horton, Mr. Arney, Ms. Roberts and
himself. One quotation has been received for the proposed generator purchase.
Mayor Horton inquired about the generator requirements for the Water Tank facilities and
Commissioner Joy will secure the data and report later.
Public Health and Environment
Commissioner Mumford had no specific report. She did; however, comment about the
fill trucks turning on and off of A -1 -A and the necessity of having the road cleaned.
Mayor Horton requested the Chief of Police and the Building Inspector to watch these
activities for any violations.
Ms. Stewart, Chairman of the Community Appearance Board advised that she had contacted
Mr. Jim Berry of the County Health Department regarding dead fish and that it could
be due to a fish kill. The County Health Department wishes to be kept informed of
any such activity which could be caused by a red -tide, the Delray restoration project,
and /or colder water.
Mayor Horton suggested that the Monthly Bulletin be the media to alert the townspeople.
Police & Legal:
The Mayor read a letter from Chief Jones requesting permission to purchase a second
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MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - July 3, 1973 - Page 3
patrol car at an approximately cost of $5,000.00. The Chief of Police stated that the
department later would trade yearly the car which would be two (2) years old, and
his department would function without loss of a patrol car being in repair. Commissioner
Joy made the motion to approve the purchase of a new car and Vice Mayor Dent seconded.
Mayor Horton, Vice Mayor Dent and all Commissioners approved the motion.
Zoning:
Chairman Walton read his Memorandum addressed to the Mayor and Town Commission dated
July 2, 1973, recommendations of the Planning Commission and results of a Public
Hearing. Chairman Walton recommended the following appointments be approved for
his committee:
1. Mr. Nick Johnson replace Ms. Cain, and his term to be valid to July 1976;
2. Dr. Guelzow have his term renewed and valid until July 1976;
3. Mr. Wilcox be changed from a regular to an alternate and said term to
expire July 1974; (The type of appointment was changed at Mr. Wilcox's
request.)
4. Col.Fran Johnson be Mr. Wilcox's re lacement as a regular and his
appointment be valid until Jul 197 5� /,,
These appointments were approved by a motion offered by Vice Mayor Dent and seconded
by Commissioner Mumford. The following voted aye in favor of the motion: Mayor
Horton, Vice Mayor Dent and Commissioners Joy and Mumford.
The Community Appearance Board: No report.
Mayor Horton read a letter from the Community Appearance Board regarding plans of
Holiday Inn. Discussion followed.
The Building Inspector is to make a concentrated effort to have Holiday Inn submit
plans which were promised to be submitted to the Town Commission in March 1973.
Town Administrator:
Ms. Roberts informed the Commission of her attendance of a meeting in Boca Raton regard-
ing Dune Preservation; correction of odors for Lift Station No. 2; forwarding the
authorization to Russell & Axon for the expansion of the Water Treatment Plant; receipt
of a letter from the County's Department of Transportation regarding dedications of
roads and outfall ditches; correspondence to and from the National Oceanic Survey was
advised by Ms. Roberts.
Notices to be placed on the bulletin board: a Public Hearing for Pollution Control
that is scheduled for July 26, 1973, in Tampa for proposed revisions to the Florida
Administrative Code and a meeting to be held in Miami, July 15 thru 17, 1973, for the
Florida Environmental Land Management Study Commission. The Town Administrator informed
the Commission of her letter for a coastal survey -- Bureau of Natural Resources and
their reply thereto. Ms. Roberts also advised that she had a large packet of data
on dunelines and the information is available for any interested parties. Ms. Roberts
informed the Town Commission as to the current status of State Revenue Sharing.
Commissioner Joy then stated that there was another item for his department,
regarding the dry well construction at Penthouse Highlands which needed approval.
He offered the motion that the construction be approved at a cost not to exceed $600.00.
Vice Mayor Dent seconded the motion offered by Commissioner Joy and it was unanimously
approved by the Mayor, Vice Mayor and Commissioners Joy and Mumford.
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MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - July 3, 1973 - Page 4
Vice Mayor Dent that a request had been received from Oliver Hoffmann Corp.
requesting permission to fill on Lots Nos. 60 and 62. The Vice Mayor made a
motion that the permit be approved and Mayor Horton seconded. Before the matter
was put to a vote, Commissioner Joy requested the approval be conditional. Prior
motion(s) voided. Mayor Horton requested Ms. Roberts to inform the developer
of the conditional approval. Vice Mayor Dent made the amended motion to approve the
permit for the fill of Lots 60 and 62 provided that Mr. Hoffmann confirm in writing
that he will appropriately screen the entrance to Lot 65 and that the fill be completed
in three weeks. Commissioner Joy seconded the motion. The Mayor, Vice Mayor and
Commissioners Joy and Mumford all voted in favor of the amended motion.
RESOLUTION NO. 229
Attached is a copy of the approved resolution which amends, in part, the Comprehensive
Plan. It was adopted by a motion made by Vice Mayor Dent, seconded by the Commissioner
Mumford and unaminously approved by the Mayor, Vice Mayor, Commissioners Joy and
Mumford.
ORDINANCE NO. 208
This ordinance adopts the American National Safety Code for elevators, etc., and
had its second reading. It was approved by the motion offered by Commissioner Joy,
seconded by Commissioner Mumford and Mayor Horton, Vice Mayor Dent and Commissioners
Joy and Mumford all voted in favor of the ordinance.
With respect to the sign ordinance, Commissioner Joy made the motion for adoption,
there was no second to this motion. Discussion followed. Vice Mayor Dent offered
a motion that the ordinance be tabled for approval at the next meeting, with amendments,
if any. This motion was seconded by Commissioner Mumford.
A proposed ordinance for Animal Control had its first reading.
A proposed ordinance amending Zoning Ordinance No. 198, received its first reading. f/
Vice Mayor Dent recommended a Public Hearing be held. It was decided that such
meeting, with due public notice, be held Wednesday, July 25, at 1:30 P.M.
A Workshop meeting also scheduled for July 17, at 7:30 P.M. Discussion followed.
Vice Mayor Dent moved that the Town Commission seek the services of a Land -use
Consultant, maximum fees not to exceed $10,000, for the review of the Comprehensive Plan,
Zoning Ordinances, etc. Commissioner Joy seconded the motion. The Mayor, Vice Mayor,
and Commissioners Joy and Mumford voted: aye.
ORDINANCE NO. 209 - " 60 -Day Building Moratorium excepting single - family dwellings
Emergency Moratorium Ordinance No. 209 was read, discussed and adopted on a first read-
ing. Commissioner Joy offered the motion and Vice Mayor Dent seconded. Before
being put to a vote, Vice Mayor Dent suggested a change regarding petitions for RPUD
rezoning. More discussion relative thereto. The Vice Mayor made the motion, the
Emergency Moratorium Ordinance, as amended, be approved. Commissioner Joy seconded the
motion. This motion was approved by Mayor Horton, Vice Mayor Dent, Commissioners
Joy and Mumford.
MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - July 3, 1973 - Page 5
The Town Attorney advised another insertion was needed in the ordinance. Vice Mayor
Dent moved to adopt this additional revision and Commissioner Mumford seconded the
motion. The Ordinance was unaminously approved as amended by the Mayor, Vice Mayor
and Commissioners Joy and Mumford. Mayor Horton cited the Charter for the passage
of an Emergency Ordinance.
Vice Mayor Dent suggested that the Town Commission consider Robert Leary & Associates
of North Carolina be hired as the Land -use consultant, they were highly recommended
by Bair and Abernathy as a competent firm and Mr. Abernathy advised that he would be
agreeable and willing to review suggested changes and if necessary would attend the
public hearings, etc. This matter to be pursued as soon as possible.
The bills and accounts were approved for payment.
The meeting adjourned at 11 :20 P.M.
APPROVED:
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ATTEST:
DATED: ��
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RESOLUTION NO.
A RESOLUTION ADOPTING AMENDMENTS TO THE
COMPREHENSIVE PLAN ADOPTED BY THE TOWN
OF HIGHLAND BEACH ON OCTOBER 19, 1971
BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, That:
Section L . , That the Section of the Comprehensive Plan entitled
Municipal Complex; Public Access to Beach and Intracoastal Waterway be
amended by the addition of the following paragraph:
Recognition is given to the fact that approximately 2.8 acres
of land belonging to the State of Florida and administered by
the Florida Inland Navigation District (F. I. N.D.) was leased
by the Town on February 3, 1971, for a period of 25 years;
also to the fact that on December 29, 1972, the Town acquired
approximately four acres of land adjacent to the existing Town
Hall and water plant facilities lying between SR A1A and the
Intracoastal Waterway. Both areas are defined as Municipal
Service Districts and they will replace those areas originally
proposed to serve this purpose in the map of the Comprehensive
Plan adopted October 19, 1971. Besides accommodating a
new Town Hall Complex, water tower and other planned or
future municipal facilities, portions of the newly acquired
municipal acreage may beneficially be set aside by the Town
for possible future development as a park and /or recreation area.
Section 2. That the Comprehensive Plan be further amended by deleting
in the Section entitled Density Controls, subsection Floor Area Ratio , the
following sentence: "No direct limitation is set on number of dwelling units
per acre." Additionally, that the Section entitled Density Controls be amended
further by adding a paragraph to the said section as follows:
To better effectuate the purposes of this plan and to maintain
a reasonable control over the number of dwelling units (in
districts to be developed on a lot by lot basis and /or on a
-- -- - RPUD basis) and the population of the Town, it is deemed
necessary that a maximum number of dwelling units per._ -
acre in each zoning district be specified. The size of
such units, however, may be in the discretion of the
builders as long as all other zoning regulations are
complied with.
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Section 3. That the Comprehensive Plan be further amended by
adding the following paragraph to the Section entitled Multiple- famil
Residential Development
With regard to multiple- family residential development
and those parts thereof specifically dealing with the
possibilities for planned unit development of tracts with
gross land area (in RM -20, R1\A-30 and R1\A-40 districts)
of 2.5 acres or more, it is contemplated that such planned
unit development should necessarily have adequate lot
depth and frontage along a public s'tree't for planned unit
development consideration.
PASSED AND ADOPTED THIS `° day of Lim 1973.
6 .1
TOWN OF" IGHLAND BEACH, Florida
( Mayor
Attest: %Y
Town c _? �'• 1 i��c Gt. ''
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