1984.08.07_TC_Minutes_Regular
TOWN OF HIGHLAND BEACH
•
Minutes of Meeting of Town Commission
REGULAR MEETING
Tuesday, August 7, 1984 1:30 P.M.
A Regular Meeting of the Town Commission was called to order by Mayor
Louis Y. Horton at 1:30 p.m. in the Town Commission Chambers at Town
Hall. Also present were Vice Mayor Mary Louise G. Blosser, as well as
Commissioners John J. Basso, William E. Paul and Betty Jean Stewart.
Also present were Town Attorney Lewis Petzold; Town Manager Elaine W.
Roberts; Town Clerk Mary Ann Whaley; citizens and the general public.
The Pledge of Allegiance to the Flag was given.
APPROVAL OF MINUTES:
June 26, 1984 - Workshop Meeting
June 26, 1984 - Special Meeting
July 3, 1984 - Regular Meeting
July 10, 1984 - Workshop to Review Zoning Revisions
July 24, 1984 - Workshop to Review Zoning Revisions
July 24, 1984 - Special Meeting re Drexel
July 27, 1984 - Special Meeting to Certify Millage
• MOTION was made by COMMISSIONER STEWART/VICE MAYOR BLOSSER to approve
the Minutes as submitted. All voted aye.
PUBLIC REQUESTS: -- NONE.
REPORTS: TOWN COMMISSION:
Mayor Louis Y. Horton -
The Mayor cited a letter received from Chief Brice of the Fire Rescue
Administration of Palm Beach County regarding proposed fire rescue
service to the Town of Highland Beach, a copy of which letter had been
distributed. A proposed contract for fire rescue services had also
been received and a copy of same given to the Town Attorney for review
and comment by the end of the week. The Town Clerk was directed to
also make a copy of the proposed contract for the members of the Town
Commission. Commissioner Basso stated that a statement exempting the
Town from any liability should be included in any contract prior to
execution. It was the Town Attorney's preliminary opinion that the
entity providing `'the service i.e. Palm Beach County would be the
liable party in any cause of action. Mayor Horton assured the Town
Commission that Palm Beach County would reimburse the Town for any and
all expenses incurred in the provision of the fire house facility,
except for maintenance, which would be handled by the County. Upon
inquiry by Commissioner Stewart, the Town Manager advised that Delray
• Beach was undergoing a survey to give the Town of Highland Beach a
Town Commission
August 7, 1984
Regular Meeting
Page 2 of 10
proposal regarding the possible provision of fire rescue services. It
was noted by Mayor Horton that the proposed contract was to be
returned to Palm Beach County by August 17, 1984. The Town Commission
set a Special Meeting on August 15, 1984 at 2;00 p.m. to review this
matter.
The next matter discussed under the Mayor's report involved the
Holiday Inn dock. The Mayor read a memorandum from Mr. Saunders,
Chairman of the Planning Commission dated July 31, 1984 indicating
disapproval of the petition for said dock into the record. Mayor
Horton also read a letter dated August 6, 1984 from Mr. Phillip
Colman of Villa Magna opposing the dock application into the record.
Mr. Colman's letter of opposition was based on his allegation that the
Walsh family did not reside in Highland Beach and was in the process
of selling the unit in Villa Magna titled to Michael Walsh. Attorney
Petzold stated that he and Attorney Sliney had made a review of the
matter, and concluded that this matter would fall under the provisions
of a special exception in Chapter 30, Zoning, Section 5.3(a) and
5.3(d)(1), with the ultimate decision in this matter resting with the
Town Commission. It was determined that this use would be considered
an accessory use, however, since it was not on the same lot as the
principal structure, would require a special exception. A letter
received from Mr. Mike Walther of Arthur 5trock dated August 3, 1984
was cited, however, it was noted that this letter was a request to
appeal the decision of the Planning Commission, and not an application
for a special exception. Attorney Al Galbraith, representing the
• Walsh Family was also present and distributed a letter citing the Town
Code Section regarding special exception and made such a request.
Attorney Petzold reminded the Town Commission of the procedural
requirements in Section 9 of the Zoning Code regarding the application
process for special exceptions and recommended that this procedure be
complied with. Mr. Galbraith indicated that this matter had been
unduly held up inasmuch as Mr. Walther had requested assistance from
the Town in June as to which procedure to follow in order to resolve
this matter and had not been advised at that time that the special
exception existed. Mayor Horton suggested that Mr. Galbraith apply
for said special exception in conformity with Town Code, however,
advised Mr. Galbraith that it was the Town Commission's policy to
uphold the recommendation of the Town's Boards unless extreme circum-
stances existed. Mr. Galbraith indicated that he would proceed
accordingly.
Regarding the Holiday Inn Seawall, it was noted that information from
the Bureau of Beaches and Shores had not been received.
Regarding the dock, it was noted that today was the final day to
request a 120 hearing be held by the Department of Environmental
Regulation if the Town felt same would be necessary. Mr. Walther of
Strock Engineers stated that the purpose of these hearings was to
evaluate any environmental impact a project would have on the Town,
and since determination had already been reached that no detrimental
• environmental impact existed on this project, that the Town not
request such a hearing. Mr. Walther further indicated that the
requested 120 hearings were generally held in Tallahassee. It was the
consensus of the Town Commission not to request any hearing on the
matter by the DER.
Town Commission Regular Meeting
August 7, 1984 Page 3 of 1H
• Mayor Horton advised that a letter had been received from the Greater
Palm Beach County Symphony Association advising of the appointment of
David Grey as Director of Music, and requested that Mr. Grey be intro-
duced at a Town Commission meeting wherein he could advise the Town of
the proposed activities of the Symphony Association. It was the con-
sensus of the Town Commission that Mr. Grey's appointment be published
in the Bulletin, and further that the Library Board contact Mr. Grey
with a view toward a Special Program being held on this subject at an
appropriate time.
The Mayor then read correspondence from Arthur Strock and Associates
dated August 6, 1984 regarding the proposed construction on the
Kennedy residence regarding the use of garage walls which would
function as a seawall. The Mayor further read a letter from Mr. Spink
dated August 7, 1984 regarding any seawall approved be tied in with
his existing seawall. Commissioner Stewart cited Cpde Chapter 3~
Sections within 5.15 regarding construction of buildings on top of the
ocean ridge, and further cited Code Sections regarding seawalls and
the requirments of plans and specifications being filed with the
Building Department, Army Corps of Engineers and County. Vice Mayor
Blosser reiterated Commissioner Stewart's concern, citing Section
21.1A, that the plans on this project had not been routed properly.
Mike Walther of Strock, representing Boca Woods Construction Company,
indicated that the east wall as proposed is structurally sufficient
• to act as a seawall and that in his opinion, the proposed building
meets the intent of the code. Mayor Horton pointed out that seawalls
are required to span the width of the property, and that this proposed
seawall did not. Mr. Walther requested that the Town Commission take
some action on this matter, and if same was negative, that he would
find alternatives on the project. MOTION was made by COMMISSIONER
STEWART/COMMISSIONER BASSO to deny the request regarding the proposed
construction as submitted in a letter dated August 6, 1984 from Arthur
Strock and Associates. This MOTION carried unanimously with
favorable votes. Mr. Walther and Mr. Malcolm Jones of Boca Woods
Construction Company who was also present were advised to go back to
the Building Department and Planning Commission with an acceptable
alternative.
Regarding the Wastewater Rate Study as submitted by Greeley and Hansen
on the Highland Beach/Delray Beach Sewer Issue, Mayor Horton indicated
that a response had been submitted by Delray Beach suggesting alterna-
tives on the matter. It was further noted that each of Towns had 1~
days in which to request a joint meeting with the engineers.
Commissioner Basso recommended that Delray's response be turned over
to Mr. Larry Adams of CDM for his recommendation. It was the
consensus of the Town Commission that no meeting was necessary at this
point and therefore no action was taken on the matter.
Vice Mayor Mary Louise G. Blosser -
The Vice Mayor reported that a meeting was being set up between
herself, the President of Seagate, the Building Official, the Town
Manager and Mr. Mass regarding the Coronado garage matter.
• Town Commission Regular Meeting
August 7, 1984 Page 4 of 10
Commissioner John J. Basso -
No report.
Commissioner William E. Paul -
Commissioner Paul advised that he had met Bob Dobrosiewj, the newly
appointed Assistant Utilities Director who advised that in his five
years experience in Palm Beach County, the pump stations within the
Town of Highland Beach were maintained in an exceptional manner.
Commissioner Paul reported that he had met with Utilities Director Joe
Moss and representatives of FP&L regarding the request for underground
wiring on the Water Treatment Plant property for service to the
Stevenson Design property. It was noted that all work would be hand
done due to the sensitivity of the area.
Substantial discussion ensued regarding a proposed joint meeting
between the Town Commission and the Planning Commission on the Boca
Highland matter. Commissioner Paul stated that in his opinion, the
Planning Commission had twice rejected the plans for the B and C sites
at Boca Highland and that any meeting with the Planning Commission at
this point would be non-productive. The Vice Mayor agreed with the
• views of Commissioner Paul on this point. Further, it was noted that
information was still being gathered on this matter for consideration
by the Town Commission. It was noted that a request had not been
received from Boca Highland in appeal to the decision of the Planning
Commission, however, it was the opinion of Attorney Petzold that since
the Planning Commission had referred the matter to the Town Commission
by memorandum, that it was properly before them. The Vice Mayor re-
minded the Town Commission of Rule No. 9 which requires all petitions
to the Town Commission to be submitted in writing and further stated
that clarification of this and several other procedures were being
requested to be placed on the August Workshop Meeting Agenda.
A ten minutes recess was held during this discussion to allow the Town
Manager to review information delivered yesterday regarding the Boca
Highland issue for possible relevancy in the matter.
Substantial discussion continued as to the information that would be
necessary in order for the Town Commission to make a determination of
the issue. MOTION was made by COMMISSIONER PAUL/VICE MAYOR BLOSSER
that the Workshop Meeting scheduled for August 15, 1984 include only
the Town Commission and not the Planning Commission. COMMISSIONER
STEWART moved to amend the MOTION to request that the following
information be obtained prior to the August 15, 1984 meeting on this
matter:
•
Town Commission Regular Meeting
August 7, 1984 Page 5 of 10
• 1. Written rationale behind the Planning Commission's opinion
that the RPUD is invalid in view of the legal opinions rendered;
2. Written rationale as to why the Planning Commission rejected
both the first set of plans on B and C sites and the second
set of plans on B and C sites; and
3. Written c
submitted
This amendment to
COMMISSIONER PAUL
original MOTION.
unanimously.
omment addressing the Sanders report as recently
to the Planning Commission.
the original MOTION was accepted by both
and VICE MAYOR BLOSSER, who made and seconded the
The vote on this MOTION was then taken and carried
Also with regard to the Boca Highland project, Mayor Horton cited a
letter dated June 29, 1984 submitted by Mr. Bob Tansill requesting
approval of the landscaping plans for the Spaces and Places Townhouse
Development. Commissioner Stewart cited Minutes of the July 3, 1984
Regular Meeting in which amplification of the Planning Commission's
referral of this matter to the Town Commission due to the "revised
status of the RPUD" had been requested. Commissioner Stewart also
requested information as to why this matter had not been addressed at
the last meeting of the Planning Commission. Mrs. Roberts indicated
• that it appeared as though several legal issues were being addressed
by the Town Attorney on this matter, and in the absence of Attorney
Sliney could not respond to this. The Town Manager further advises
that a full report regarding the Planning Commission and CAB action on
this matter was being compiled for distribution to the Town Commission
shortly. Discussion took place as to whether the Spaces and Places
Townhouse Development was part of the original RPUD or a part of the
1978 revision. Commissioner Stewart reiterated her request to have
the Planning Commission explain their referral based upon "revised
status of the RPUD" prior to any determination of this matter taking
place. Vice Mayor Blosser stated that although conceptual plans
approved in the Bauer agreement had been submitted on this matter, no
final plans had been approved. The Town Manager was directed to write
a memorandum to the Planning Commission requesting them to take action
on the request regarding the twelve Spaces and Places Townhouses and
pass the matter on to the CAB for their approval in order to resolve
the matter.
Commissioner Betty Jean Stewart -
Commissioner Stewart cited a July 5, 1983 report submitted by the Town
Manager that Seacliff had been sold, as well as Minutes of a 11/1/83
Meeting. Commissioner Stewart was concerned with the renovations
being made on the site without CAB approval, citing Section 2-52 (b) of
the Town Code relating to the duties of the CAB to review and
approve:
• "Every application for a permit to erect a building or
structure or to materialy alter a front or side eleva-
tion....No significant changes affecting the general
appearance of the project..."
Town Commission Regular Meeting
August 7, 1984 Page 6 of 1QJ
Commissioner Stewart cited several Webster's Dictionary definitions
regarding alter, materially, etc. and expressed her opinion that the
renovations taking place at Seacliff, due to the expense of same, fit
the criteria required to be reviewed by the CAB. The Town Manager
stated that it was her opinion, acting as the Building Official that
none of the renovations involved were extensive enough to require CAB
approval even though the costs involved were extensive. Commissioner
Paul indicated that maybe the code is inadequate in its interpretation
of renovation and should be clarified. Another question was raised as
to adequate parking at Seacliff. Attorney Petzold pointed out that
additional parking is not required to be provided wherein no
additional square footage is being erected on a site, pursuant to
Section 5.9 (d) of the Zoning Code. Commissioner Stewart reiterated
her opinion that due to the changes in the roof, facades and other
exterior changes, this matter required CAB review and approval, and
was not just expensive remodeling. Mayor Horton commented and
suggested that construction industry terminology be used in this
regard. Commissioner Stewart agreed with this point and stated that
the Town might want to change the language to clarify this point.
This matter will be studied further with a view toward the
clarification of the present language.
REPORTS: TOWN ATTORNEY
No Report.
REPORTS: TOWN MANAGER
The Town Manager reported that:
The Treasure Coast Regional Planning Council would be meeting at the
Hyatt Hotel in West Palm Beach on August 17, 1984.
The City of Delray Beach was in the process of conducting a survey of
the buildings in Town in order to submit a proposal to the Town of
Highland Beach relative to the possibility of providing firefrescue
service to the Town.
Notices have again been sent to residents on Bel Air Drive regarding
the re-paving project status. Also requests for bids have been
delivered to three area newspapers for publication.
A request of the Department of Transportation for the provision of
Town signs on I-95 has been denied.
A copy of the proposed Home Rule Charter was on the clipboard and
available for review.
The mowing of AlA will be done in Town during next week DOT Inspectors
advised. After discussion it was noted that the Police Department
will request those vehicles present on the rights-of-way to move same
in order not to interfere with the mowing of AlA.
The Florida Municipal Record which has been received and is available,
includes this years legislative report.
1
Town Commission Regular Meeting
August 7, 1984 Page 7 of 10
•
The Town Manager cited several pieces of correspondence, advising that
same were on the clipboard for Town Commission review.
With respect to the Finance Department, the Town Manager reported on
monies received and the submission of the nine month financial
report.
The Police Department has been issuing warnings on the careless use of
bicycles on the path. The CDC meeting will be held August 8, 1984 at
2:00 p.m. Hurricane messages are continuing on cable television.
The Town Clerk is continuing work on obtaining landscaping quotes,
microfilming possibilities and telephone systems.
With respect to the Utilities Department, water consumption is average
(34,000,000 gallons), reports regarding-test results and USGS reports
are on the clipboard.
With respect to the quotes being obtained by the Town Manager on the
provision of hurricane shutters for the municipal buildings, the Town
Commission authorized the Town Manager to expend up to $5,000 for said
shutters, and requested that same be obtained as soon as possible in
view of it being hurricane season.
• This meeting was recessed at 5:00 p.m. to conduct a public hearing on
the proposed Zoning Revisions.
The Regular Meeting reconvened at 5:15 p.m.
REPORTS BOARDS AND COMMITTEES:
a) Board of Adjustment - Will meet on August 27, 1984 as they
have three petitions pending.
b) Code Enforcement Board - 1 Alternate vacancy.
(See appointment made under discussion of Planning
Commission/Local Planning Agency)
c) Community Appearance Board - Will meet on August 30, 1984.
They have submitted their recommendations regarding the
amendments to the sign code which matter will be placed on
the September Workshop Agenda.
d) Financial Advisory Board - Continuing work on the budget.
e) Health Officer - No report.
f) Library Board - No report.
• g) Planning Commission/Local Planning Agency - 1 Alternate
Vacancy.
MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER PAUL
to appoint John E. Ward to the Alternate No. 1 vacancy on
the Planning Commission for a one year term. All voted aye.
_ ~
Town Commission Regular Meeting
August 7, 1984 Page 8 of lg
• MOTION was then made by COMMISSIONER STEWART/VICE MAYOR
BLOSSER to appoint Edward J. Pearlstein to the Alternate
No. 2 vacancy on the Code Enforcement Board for a one. year
term. All voted aye.
h) Police Advisory Board - No report.
PROPOSED ORDINANCES AND RESOLUTIONS:
The following Ordinances were all given first reading, to be discussed
at the August 28, 1984 Workshop Meeting with proposed adoption to be
at the September 5, 1984 Regular Meeting:
1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND
BEACH, CHAPTER 6, ENTITLED "BEACHES AND BOATS", SECTION
6-1 ENTITLED "PARKING OF BOATS".
2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND
BEACH, CHAPTER 2 ENTITLED "ADMINISTRATION" SECTION 2-19
ENTITLED "TOWN MANAGER - APPOINTMENT; DUTIES; BOND".
3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND
BEACH, CHAPTER 27, ENTITLED "TRAFFIC AND MOTOR VEHICLES",
• SECTION 27-4 ENTITLED "PARKING-RECREATIONAL VEHICLES",
SECTION 27-7 ENTITLED "PENALTIES".
4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA
AMENDING THE CODE OF ORDINANCES OF THE. TOWN OF HIGHLAND
BEACH, CHAPTER 21, ENTITLED "SEAWALLS, BULKHEADS,
RETAINING WALLS", SECTION 21-1(d)(7).
REGULAR BUSINESS:
A. Consent Agenda Items -
1. Approval for request regarding seawall at Royal
Highlands (The Town Manager advised that the permit
numbers on the project were different due to the
different years in which the request was made of the
DNR)
2. Approval of retention of Nowlen, Holt, Miner & Kisker,
Auditors, for FY 1983/84 Audit ($11,6Q~U.~4J)
3. Approval of expenditure of $663.0f~ for shaft and
impeller at Water fireatment Plant.
MOTION was made by COMMISSIONER PAUL/VICE MAYOR BLOSSER to approve the
items on the Consent Agenda. All voted aye.
.~. _..
• Town Commission Regular Meeting
August 7, 1984 PAGE 10 of 10
William E. Paul, Commissioner
Be y Jean Stewart, Commissioner
ATTEST
~~
Town Cl rk D
Date : ~~'~~ ~0
•
•
To4~n Commission Regular Meeting
August 7, 1984 Page 9 of 10
• B. Items Left Over -
Mrs. Roberts indicated that with regard to the installation of a new
electric panel at Lift Station No. 1, an additional quote was being
awaited prior to any recommendation on this matter.
Regarding the conflict of the September 4, 1984 Regular Meeting date
and Election Day, MOTION was made by COMMISSIONER STEWART/VICE MAYOR
BLOSSER that the September Regular Meeting be moved to September 5,
1984 at 1:30 p.m. All voted aye.
An Item will be placed on the August Workshop Agenda to set a policy
for future meetings in conflict with election dates and holidays.
A Workshop Meeting on the Budget was set at 1:30 p.m. on August 21,
1984, prior to the already .scheduled 5:01 p.m. public hearing on the
proposed Zoning Ordinance. The Town Manager reminded the Town
Commission of a Special Meeting for 9:30 a.m. on September 5, 1984 in
order to take up the reading of the entire Zoning Ordinance prior to
its adoption, as well as the meetings set for August 15, 1984 at 2:00
p.m. regarding the Boca Highland matter and the Fire/Rescue contract
issue.
BILLS FOR APPROVAL:
• The following Bills were submitted for approval:
Camp Dresser & McKee $ 2,145.00
F. H. Foster Oil Corp. 1,874.74
Harvel & Deland 2,400,00
Hersey Products, Inc. 1,572.59
Powell Ford 6,590.74
S.A.S., Inc. 2,906.57
EM Industrial Electric Motors 583.45
$ 18, 073.09
MOTION was made by COMMISSIONER BASSO/VICE MAYOR BLOSSER to approve
the bills as published. All voted aye.
There being no further business to come before the Town Commission at
this Regular Meeting, it was adjourned at 5:30 p.m.
APPROVED: ~ ~
Loui Horton, Mayor
Mares Louise G. B~sser,Vice Mayor
o,pln J. ~'agso, Commissioner