1984.12.04_TC_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
REGULAR MEETING
Tuesday, December 4, 1984 1:30 P. M.
The 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 of Town Hall. Also present were: Vice Mayor Mary
Louise G. Blosser, and Commissioners John J. Basso, William E.
Paul, and Betty Jean Stewart.
Also present were: Town Attorney Thomas E. Sliney, Building
official Bruce Sutherland, Finance Director Maree Fowler, Acting
Town Manager Mary Ann Whaley, Deputy Town Clerk Elizabeth L.
Kolek, citizens, and the general public.
The Pledge of Allegiance to the Flag was led by Mayor Horton.
APPROVAL OF MINUTES:
• October 30, 1984 - Workshop Meeting
November 7, 1984 - Public Hearing
November 7, 1984 - Regular Meeting
A MOTION was made by Commissioner Basso/Commissioner Stewart to
approve the minutes as submitted. All Commissioners voted AYE.
PUBLIC COMMENTS AND REQUESTS:
Mr. Abraham Futernick (a resident at Coronado, 3400 S. Ocean
Boulevard) asked what had been done regarding his prior suggestion
that the Town purchase buoy guns to be used by the Police Dept.,
in the event of an oceanfront emergency. He also suggested that
emergency telephones (like the call boxes along the Florida
Turnpike) be installed along the entire oceanfront of Highland
Beach, either by the condos on their own or with the help of the
Town .
Mr. Michael Dent (a resident of Bel Lido Drive) requested that
a turn lane be installed on State Road A-1-A at the South end of
Town, since several serious rear-end accidents have occurred
recently. Mayor Horton suggested that residents of Bel Lido
Island could send a petition to the State Department of
Transportation (DOT) and the Town will also make an inquiry.
Mr. Dent suggested that two increases be provided for in the
new contract with Delray Beach regarding sewer charges--one
i should be for the fair and equitable rate increase and the other
should be to cover inflation. He also stated that the proposed
Seawall Ordinance was inadequate as written and should be studied
. MINUTES of Town Commission Regular Meeting
Highland Beach, Florida
December 4, 1984 Page 2 of 10
further to cover present and future needs of the Town and the
property owners. Mr. Dent also added that he felt the Town should
come to a compromise with Drexel Properties in order to avoid a
lengthy and costly lawsuit regarding their request. Mayor Horton
stated that the Town had not heard from Drexel with any type of
offer to compromise.
Mr. and Mrs. Nestor both addressed the Town Commission relating
the bad accident they were both seriously injured in last August
(1984) because there is no turn lane at the entrance to the Bel-
Lido subdivision, where their daughter owns property, and asked
the Town Commission to do what they could to get the D.O.T. to
install a turn lane in that area. Mayor Horton assured them that
the Town would do all that it could to help in this matter.
Commissioner Basso recommended that the DOT install a yellow
(caution) light in this area and that the Town should do something
for the safety of the area residents. Mayor Horton stated that
since State Road AlA is the jurisdiction of the DOT, it was up to
them to maintain the road, but the Town residents could send them
a signed petition, which may be of some help. The Town will
compile a survey of recent accidents and the rate of accidents in
• such areas, and notify the DOT of the situation and request help.
REPORTS - TOWN COMMISSION:
MAYOR LOUIS Y. HORTON -
The Seascape Project that was originally scheduled for install-
ation after December 3, 1984, has now been delayed until after the
first of the year because the Department of Natural Resources
(DNR) has not yet approved the monitoring program. Beach erosion
will be discussed later on today's agenda, but Mayor Horton sent a
telegram to Governor Robert Graham (State of Florida) asking that
Highland Beach be declared a disaster area in order to get low-
interest loans to get the matter stabilized, however, according to
recent newspaper articles, no aid is planned for Palm Beach County
by the Governor's office.
Mayor Horton announced that the Palm Beach County Legislative
Delegation will be holding public hearings to listen to legis-
lative proposals from the public on January 14, 1985, at 2 p.m.,
at the Delray Beach City Hall.
Mayor Horton announced that the Palm Beach County Municipal League
will hold its annual barbecue on December 14, 1984 and that if any
of the Commissioners were planning to attend, reservations must be
• made by December 5.
MINUTES of Town Commission Regular Meeting
Highland Beach, Florida
December 4, 1984 Page 3 of 10
VICE MAYOR MARY LOUISE G. BLOSSER -
Seagate Condominium was featured this morning in an article in the
Sun-Sentinel Newspaper regarding their holiday lighting.
The Highland Beach Library has received a substantial gift from
Mrs. Allison Bishopric.
Vice Mayor Blosser feels that Certificates of Appreciation should
be awarded to retiring board members and other deserving people
who volunteer their services to the Town.
Peter Cheney (City Manager at Boynton Beach) has advised the Town
that C.D.C. most likely will be breaking up within two years and
suggested that the Town be sure and have a representative at all
future meetings of the C.D.C.
The roof-top structures at Regency Highland was discussed and will
be further discussed at the Workshop Meeting to be held on
• December 18, 1984.
The Coronado Condominium has been notified that they are
delinquent in not yet installing the screening on their parking
garage.
COMMISSIONER JOHN J. BASSO -
Regency Highland is having a problem of a strong repugnant odor
eminating from the drainage ditches on the North side of the
property. Commissioner Basso asked that this problem be looked
into in order to try to alleviate it. The Acting Town Manager
will write to the county to request that the drainage ditches be
opened or cleared in order for them to function property with the
tidal flushing action. Ms. Whaley also stated that the county had
been notified regarding the mosquito problem and that they did
recently spray to control mosquitos.
Commissioner Basso read a letter into the record, dated April 16,
1982, from the Chief of Police at Boca Raton regarding the policy
of mutual aid pertaining to boats speeding on the Intracoastal
Waterway throughout Highland Beach. He also stated that speeding
by boats is most excessive on Saturdays, the busiest day for
boating. The Acting Town Manager stated that she has drafted a
letter to the Sheriff of Palm Beach County asking for upgrading. of
Intracoastal patrol. Commissioner Stewart stated that the Town
Attorney should check into the legal aspect of this.
MINUTES of Town Commission Regular Meeting
Highland Beach, Florida
December 4, 1984 Page 4 of 10
Commissioner Basso also discussed a newspaper article that states
local governments cannot regulate programming on cable television.
Attorney Sliney will research how this affects our present ordi-
nance and the community.
COMMISSIONER WILLIAM E. PAUL - No report.
COMMISSIONER BETTY JEAN STEWART -
Commissioner Stewart questioned the status of the bond which
covers the screening of the garage at the Coronado Condominium.
Attorney Sliney stated there was no expiration date on the bond
but the statute of limitations would enable the Town to take some
action. The Acting Town Manager stated that notice has been given
to Coronado to act in two weeks or the Town will proceed with
legal action.
REPORTS - TOWN ATTORNEY:
Attorney Thomas E. Sliney stated that the Town is not looking to
go to court and has asked Drexel Properties to supply the infor-
• mation and data requested.
Attorney Sliney asked the Town Commission if they would like the
following added to the proposed Ordinance regarding the Uniform
Election Date:
"actually living in the Town of Highland Beach".
The consensus of the Town Commission was to add the above to the
Ordinance.
Attorney Sliney stated that he has received a letter from Mr.
Kinser's attorney objecting to the cost for installing sewers at
his residence, now under construction.
Attorney Sliney reported that the Unity of Title for the Milord
property was recorded approximately one year ago, Plat Book 49,
pages 107-108, Palm Beach County.
REPORTS - TOWN MANAGER:
Acting Town Manager Mary Ann Whaley reported that a Certificate of
Occupancy was issued to Mr. .Milord for Unit No. 7 at Camino Cove
and that the Community Appearance Board approved the landscaping
installation for the entire site.
Reports from the various departments in Town are on the Clipboard
for the Town Commission's review.
MINUTES of Town Commission Regular Meeting
Highland Beach, Florida
December 4, 1984 Page 5 of 10
Ms. Whaley read a letter into the record , dated November 29,
1984, from Centel Cable Television Company of Florida, which
states they will correct the problem pertaining to FM signals
within 6~ days.
The Finance Director (Maree Fowler) will give a report later in
today's meeting regarding the meeting she attended today regarding
the County's fire and rescue services and a report regarding the
sewer charges issue.
Ms. Whaley asked if the Town Commission would like to close Town
Hall on Monday, December 24, 1984, and give the employees a bonus
of an additional holiday this year since Christmas Day was on a
Tuesday. After discussion, it was the consensus of the Town
Commission to give the Town Hall employees a holiday and close
Town Hall on December 24, 1984 and that Town Hall would be open
all day on December 31, 1984, with the Police Department, the
Utility Department, and the Post Office maintaining their usual
schedules and procedures for holidays.
REPORTS - BOARDS AND COMMITTEES:
(A) BOARD OF ADJUSTMENT -
Will hold a Public Hearing and a Quarterly Meeting on Monday
December 1~, 1984, at 1:3~ p.m.
Upon a recommendation by the Board of Adjustment, MOTION was made
by Commissioner Basso/Commissioner Paul to appoint Mr. Harold B.
Cohen as a Regular Member. All Commissioners voted AYE.
(B) CODE ENFORCEMENT BOARD -
Will hold their next Regular Meeting on December 19, 1984.
A letter from the Code Enforcement Board was read which recommends
that Mr. Andrew Bennardo and Mrs. Ellen Gerber be reappointed.
This will be discussed at the next Workshop Meeting on
December 18, 1984.
(C) COMMUNITY APPEARANCE BOARD -
Will hold their next Regular Meeting on December 20 (not December
27 as previously scheduled).
(D) FINANCIAL ADVISORY BOARD -
No scheduled meeting and no report.
MINUTES of Town Commission Regular Meeting
Highland Beach, F1.
December 4, 1984 Page 6 of 10
(E) HEALTH OFFICER - No report.
(F) LIBRARY -
No regular meeting scheduled but a program of Christmas music my a
brass ensemble from Spanish River Community High School (with
refreshments served) will be held from 4 p.m. to 6 p.m. on Friday,
December 14, 1984, at the library.
(G) PLANNING BOARD/LOCAL PLANNING AGENCY -
Will hold a Regular Meeting on December 12, 1984.
(H) POLICE ADVISORY BOARD -
Met on December 3, 1984. No report.
PROPOSED ORDINANCES AND RESOLUTIONS:
1. AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF
ORDINANCES OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
ENTITLED "FIRE PREVENTION" BY ADDING A SECTION
ENTITLED "APPLICATION OF PALM BEACH COUNTY FIRE CODE."
This Ordinance was read in its entirety by the Deputy Town Clerk
and constituted a Final Reading. MOTION was made by Commissioner
Basso/Commissioner Stewart that this Ordinance be adopted. Upon
being polled by the Deputy Town Clerk, all Commissioners voted
AYE.
2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
REPEALING ORDINANCE NUMBER 482, ADOPTED ON
NOVEMBER 1, 1983, DECLARING AN EXEMPTION TO THE
PROVISIONS OF CHAPTER 83-498 OF THE LAWS OF THE STATE
OF FLORIDA PROVIDING FOR UNIFORM FILING DATES AND
UNIFORM ELECTIONS DATES FOR MUNICIPAL ELECTIONS.
This Ordinance was read by title only and constituted a First
Reading. This Ordinance was scheduled for further discussion at
the Workshop Meeting on December 18, 1984, with possible adoption
at the Regular Meeting on January 3, 1985.
MINUTES of Town Commission Regular Meeting
Highland Beach, Florida
December 4, 1984 Page 7 of 10
3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING SECTION 1.06 (2) OF THE CHARTER OF THE TOWN
OF HIGHLAND BEACH PERTAINING TO ELECTION DATES,
AMENDING SECTION 1.06 (5) OF THE CHARTER OF THE TOWN
OF HIGHLAND BEACH PERTAINING TO REQUIREMENTS FOR
ELIGIBILITY FOR ELECTION OR APPOINTMENT AS A TOWN COMMI-
SIONER, AND AMENDING SECTION 1.06 (6) OF THE CHARTER
OF THE TOWN OF HIGHLAND BEACH PERTAINING TO
QUALIFYING DATES FOR FILING AS A CANDIDATE FOR TOWN
COMMISSIONER; AND AMENDING SECTION 8-3 OF THE CODE OF
ORDINANCES OF THE TOWN OF HIGHLAND BEACH PERTAINING TO
ELECTION DATE5 AND AMENDING SECTION 8-4 OF THE CODE OF
ORDINANCES OF THE TOWN OF HIGHLAND BEACH PERTAINING TO
QUALIFICATION OF CANDIDATES AND THE DATES FOR FILING
AS A CANDIDATE.
This Ordinances was read by title only and constituted a First
Reading. This Ordinance was scheduled for further discussion at
the Workshop Meeting on December 18, 1984 with possible adoption
at the Regular Meeting on January 3, 1985.
4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, .FLORIDA,
AMENDING ORDINANCE NO. 456, NUMBERS 8, 9, 11, AND 12;
SITE PLAN REVIEW (PRELIMINARY), SITE PLAN REVIEW
(FINAL DEVELOPMENT PLANS), COMMUNITY APPEARANCE BOARD
(PRELIMINARY REVIEW), COMMUNITY APPEARANCE BOARD
(FINAL REVIEW).
This Ordinance was read by title only and constituted a First
Reading. This Ordinance was scheduled for further discussion at
the Workshop Meeting on December 18, 1984 with possible adoption
at the Regular Meeting on January 3, 1985.
MINUTES of Town Commission Regular Meeting
Highland Beach, Florida
December 4, 1984 Page 8 of 10
REGULAR BUSINESS:
(1) Status of Drexel Management Project -
Mr. Earl Totz (representing Drexel Mgt.) stated that he felt all
requested information and data has been provided to the Town
Commission and a final signed copy of a letter from Thomas Camp-
bell, Engineer, will be submitted by him on December 5, 1984. Mr.
Totz also stated that Drexel needed to know if they would have
time to complete the project which is the reason no building
permit has yet been requested. Drexel Management has requested a
time extension of three (3) years. After much discussion, Mayor
Horton made a MOTION to extend the construction timetable under
the Settlement Stipulation two and one half years (6-19-85 to 12-
31-87). There was no second of the motion. During additional
discussion and after the Drexel representatives clarified that the
property was not up for sale, however, the Acting Town Manager
noted that she had been contacted by the attorney for a
prospective purchaser of the property, a MOTION was made by
Commissioner Basso/Vice Mayor Blosser that the construction
timetable for the building permits be extended for a period of one
year, June 17, 1985 to June 17, 1986. The MOTION was withdrawn by
Commissioner Basso/Vice Mayor Blosser and a new MOTION was made by
Commissioner Basso/Vice Mayor Blosser, that the work under the
building permits are to be completed by June 17, 1986, extending
the construction timetable for one year for all buildings, under
the Settlement Stipulation. The MOTION carried 3 to 2, with
Commissioner Stewart and Mayor Horton voting NAY. Mayor Horton
requested that Attorney Sliney reply to Mr. Latz' letter of
November 1984.
(2) Request by Mr. Terry Lee re beach erosion roblem -
Mr. Lee displayed a drawing of his proposal for a rock revetment
to the East of eight ocean-front properties, beginning
with 3711 to 3813 South Ocean Boulevard and requested that the
Town Commission send a letter of no objection to the State of
Florida, Department of Natural Resources, before December 15,1984
for their approval. It was agreed that the Town will write a
letter of no objection to the proposed rock revetment.
Commissioner Stewart read a letter into the record from a Town
resident, Mr. Rex (3805 S. Ocean Blvd.) regarding erosion and loss
of 6 to 8 feet of dunes on his property, during the recent severe
four day storm.
(3) Status of Delray Beach/Highland Beach sewer issue -
It was agreed that Attorney Sliney would reply to Greeley &
Hanson's last report received, referring to our engineers (Camp,
Dresser & Mc Kee Inc.) recommendation that the Town not accept the
additional fee of $990.00/month and that some errors regarding
~' measure of flow, etc., should be corrected in the Greeley & Hanson
report without it being deemed new information. Mayor Horton will
work with Attorney Sliney regarding this reply.
MINUTES of Town Commission Regular Meeting
Highland Beach, Florida
December 4, 1984
Page 9 of 10
Finance Director M. Maree Fowler reported on the meeting she
attended this morning with the 13 municipalities involved in the
County's MSTU District 3. This committee was formed by the Palm
Beach County.Municipal League who asked that each municipality
appoint a representative to attend future meetings (who will have
the power to vote, as needed, on occasion) as soon as possible,
and forward them a copy of said Resolution. This committee will
continue to discuss the following: alternatives for funding,
reviewing the contract each fiscal year due to the inequities,
all MSTU districts pay different amounts due to different circum-
stances, levying of millage is presently unsatisfactory,
districts have no control of operations by the fire/rescue oper-
ations, administration is extremely top-heavy, no formula has yet
been determined, and the committee would like to come up with a
more equitable system. The next meeting of this committee will be
held on January 10, 1985 at the Town of Jupiter (via an invitation
from the Mayor of Jupiter).
BILLS FOR APPROVAL:
The following bills were submitted for approval:
DILWORTH, PAXSON ET AL.. ....... ..................
(Legal Expenses 9/l.to 9/30/84-- •$6,718.53
Regular $6,182.28--Sewer $536.25)
GEE & JENSON............ ... ... ................... $5001.00
(Retainer Fee - October 1984)
HARVEL & DELAND ......................................$6,402.80
(Meter Installation Charges, etc.)
HERSEY PRODUCTS, INC.... ...........................$1,050.00
(10" Strainer Assembly - Water Dept.)
NOWLEN, HOLT, MINER, & KISKER ........................$1,872.00
(Auditors Interim billing through 10/31/84)
TOTAL
$16,543.33
MOTION was made by Commissioner Basso/Commissioner Paul to
accept the bills for payment as submitted. All voted AYE.
I
..
• MINUTES of Town Commission Regular Meeting
Highland Beach, Florida
December 4, 1984 Page 10 of 10
DISCUSSION REGARDING TOWN MANAGER VACANCY:
After much discussion as to qualifications desired, education,
Florida experience, salary, references, etc., it was the consensus
of the Town Commission to further discuss the finalists and
decide which three they should call in for interviews at a
recessed Regular Meeting at 2 p.m. on Friday, December 7, 1984.
There being no further business to discuss at the Regular Meeting,
the meeting was recessed until 2 p.m. December 7, 1984.
APPROVED:
•
Mayor L s Y. Horton
Vice Mayor ary Louise G. Blosser
7~yiC ~-~i
ATTEST: Co ssioner Betty Jean Stewart
Cl k
DATE: ~-~g ~~