1983.04.05_TC_Minutes_Regular.` -
TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of the Town Commission
• REGULAR MEETING
April 5, 1983 1:30 p.m.
Mayor Horton called the meeting to order at 1:35 p.m. Those present
were: Mayor Louis Y. Horton, Vice Mayor Mary Louise G. Blosser,
Commissioner John J. Basso, and Commissioner Harry Walker.
Commissioner Edward J. Sullivan was absent. Also in attendance were:
Elaine W. Roberts, Town Manager; Thomas E. Sliney, Town Attorney;
Police Chief Kenneth Jones; Tony Abbate, Acting Building Official/
Building Inspector; and Elizabeth L. Kolek, Deputy Town Clerk.
2. Pledge of Allegiance
3. Approval of Minutes
February 15, 1983 - Special Meeting and Public Hearing
February 18, 1983 - Special Meeting
February 24, 1983 - Workshop Meeting
February 28, 1983 - Special Meeting
March 1, 1983 - Regular Meeting and Public Hearing
March 8, 1983 - Special Meet ing
March 14, 1983 - Field Trip and Special Meeting
MOTION was made by Commissioner Walker/Commissioner Basso that the
• minutres be approved as written. Without objection, the minutes
were approved.
4. Public Requests and Comments
Albert Bevilacqua, resident of Ambassadors East, voiced a
complaint about the vacant lot to the north, that tresspassers
were creating a nuisance with noise, cars, and boats. Police
Department is to enforce the "no trespassing" sign, Mayor
stated.
Philip Colman (of Villa Magna) complained about the public
using the beach and parking lot to the South of their property,
which is the Holiday Inn property. He was told by the Town
Commission that .the Holiday Inn would have to complain about
this to the Police Department to have this enforced, if the
public and not patrons of the Holiday Inn were using their
facilities.
David Augenstein, a resident of Braemer Isle, read a letter
of complaint from the Braemer Isle Condominium Association about
the developer/builder stating that a final Certificate of
Occupancy should not be granted until the following were
corrected: (1) Gas leaks from bailer on roof system; (2) Poor
drainage on multi-levels of parking garage ramps; (3) Chemicals
• draining from above levels of parking garage damaging cars
below; (4) Parking space deficiency as per code. The Town
Commission will look into the matter and study it further before
' Town of Highland Beach
Town Commission
Regular Meeting
April 5, 1983
C]
a final Certificate of Occupancy is granted.
5. Reports--Boards and Committees
Page 2 of 9
(a) BOARD OF ADJUSTMENT - Mrs. Roberts stated that a
quarterly meeting was scheduled on Monday, April 18, 1983.
(b) CODE ENFORCEMENT BOARD - Mrs. Roberts stated that the
next meeting is scheduled on Wednesday, April 20, 1983.
It was recommended by the Code Enforcement Board that
Al Novak be appointed to fill the unexpired term of
William Paul (who resigned) and that Don Sherbondy be
appointed as Alternate No._l. There is a vacancy in the
Alternate No. 2 position.
MOTION was made by Vice Mayor Blosser/Commissioner Walker that
Al Novak be appointed a Regular Member to fill the unexpired term
of William Paul and that-Don Sherbondy be appointed Alternate No. 1.
All voted AYE.
(c) COMMUNITY APPEARANCE BOARD - Mrs. Roberts stated that
a letter of resignation was received from Betty Jean Stewart,
Alternate No. 1 Member.
•
MOTION was made by Vice Mayor Blosser/Commissioner Basso to accept
the resignation of Betty Jean Stewart. All voted AYE.
There are now two vacancies on the Community Appearance
Board---Alternate No. 1 and Alternate No. 2.
(d) FINANCIAL ADVISORY BOARD - Mrs. Roberts stated that a
meeting will be scheduled to review the Utilities Depart-
ment Salary Schedule for Trainees and to review the possi-
bility of two Alternate Members.
(e) HEALTH OFFICER - Mrs. Roberts stated that a report
was received from Dr. Harry Weiss about his inspection of
the trash chute at the Townhouses of Highland Beach. He
reported that the door will be repaired and that residents
will be instructed to use plastic containers when depositing
trash/garbage in the trash chute.
(f) HOUSING BOARD OF ADJUSTMENT & APPEALS - Mrs. Roberts
reported that the next meeting is scheduled on April 6, 1983.
A Memo was sent from the Town Commission regarding amending
the Zoning Code, Section 6, (non-conforming properties and
usage) with Public Hearings to be held and dates to be
determined.
(g) PLANNING COMMISSION/LOCAL PLANNING AGENCY - Mrs. Roberts
• reported that the next meeting is scheduled on April 6, 1983.
A Memo was sent from the Town Commission regarding amending
the Zoning Code, Section 6 (non-conforming properties and
usage). Public Hearings will be held---dates to be deter-
mined.
Town of Highland Beach
Town Commission
Regular Meeting
April 5, 1983 Page 3 of 9
• (h) POLICE COMMITTEE - Chairman Lowell Blum reported on
his survey of speed limits on State Road A-1-A through
neighboring communities, most of which is 35 MPH. Only a
seven mile section in north Boca Raton, Highland Beach,
and Delray Beach have a speed limit of 40 MPH. The new
police car, regarding the excessive use of oil, was dis-
cussed. The dealer will not rectify the problem after
many months so the Town Commission asked that the Town
Counsel write a letter to the Chrysler Corporation as
more serious damage may result to the vehicle.
6. Proposed Ordinances - Introduction
(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 30
entitled "Zoning", Section 8.4 entitled "Certificates
of Occupancy."
(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 8.5 entitled "Expiration
of Building Permit."
• (c) Proposed Ordinance No. - An Ordinance of the Town
of Highland Beach, Florida amending the Code of
Ordinances of the Town of Highland Beach, 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 .
All three ordinances above were read by title only by
Mayor Horton, constituting a First reading.
7. Reports - Town Commission
(a) MAYOR LOUIS Y. HORTON - Mayor Horton stated that he
has received no reply to the letter sent to Mayor
Young of Delray Beach suggesting arbitration to
settle the sewer charges issue; announced that a tour
of the Town by air was been arranged with the 8oodyear
Blimp on Friday, April 15, 1983 at noon---which
should take about two hours; and announced that the
• following were recommended as Cle~ek and Inspectors
for the Municipal Election on May 3, 1983: Ben
Stephenson (Clerk), William McLarty, Peg Poppleton,
Town of Highland Beach
Town Commission
Regular Meeting
• April 5, 1983
Page 4 of 9
Martha Joy Dempsey, and Mabel Polley as
Inspectors.
MOTION was made by Commissioner Basso/Vice Mayor Blosser to approve
Ben Stephenson, William McLarty, Peg Poppleton, Martha Joy Dempsey,
and Mabel Polley as Clerk and Inspectors for the Municipal Election
on May 3, 1983. All voted AYE.
(b) VICE MAYOR bARY LOUISE G. BLOSSER - No report.
(c) COMMISSIONER JOHN J. BASSO - No report.
(d) COMMISSIONER EDWARD J. SULLIVAN - Absent
(e) COMMISSIONER HARRY WALKER - No Report.
8. Reports - Town Attorney
Thomas E. Sliney reported on the present status of
the Milani lawsuit.
9. Reports - Town Manager
• Mrs. Roberts reported that the owners of the Massengill-
Moore property have been advised about their schedule
of completion. How to handle Temporary Certificates
of Occupancy was discussed. Correspondence was
received from: the Clarendon---asking for an exten-
sion of their temporary Certificate of Occupancy to
May 16, 1983.
MOTION was made by Commissioner Basso/Commissioner Walker to extend
the Clarendon's Temporary Certificate of Occupancy to May 16, 1983.
All voted AYE.
Other correspondence was received from: Kelton and
Associates regarding the status of the Road and Bridge
Fund lawsuit against the County; the attorney
representing Mr. Milani and the status of the lawsuit;
Treasure Coast Regional Planning Council approved the
wetlands protection policy; the American Red Cross
is sending a speaker to speak at the next Town Commission
Workshop Meeting on April 26 regarding the disaster
services they have available; a letter was received
from the D.O.T, notifying us of their postponement of
the proposed widening of A-1-A to fiscal year 1985-86
and requested a copy of our May 3, 1983 ballot;
Mrs. Roberts will write a letter to Holmes Beach asking
• to be kept apprised of their Legislative watch;
:he Department of Health and Rehabilitative Services
new laws will be in effect in March-1983; a letter was
Town of Highland Beach
Town Commission
Regular Meeting
April 5, 1983
Page 5 of 9
received from Delray Landscaping regarding some work
they did for the Planning Commission; Urban Realty
in Boca Rat€~n asked about the status of Fortuna Del
Mar and townhouses; the Area Planning Board sent a
folder of information; the Metropolitan Planning
Organization stated they are not planning requesting
the possible widening of A-1-A until the year 2000;
Del Trail Fire District sent a letter verifying the
return of paramedic equipment; we received a letter
from the Dept. of Labor and Employee Security giving
us an extension of time in which to complete the
necessary improvements at the Water Treatment Plant;
a letter was received from the D.O.T. (West Palm
Beach) in reply to the drainage problem meeting
with Seagate and Coronado, recommending a solution
to the problem; the Palm Beach County Municipal League
stated that Jane Rayner of Highland Beach was
appointed to the Qas 'fax Committee; Sweetwater
Realty requested an extension of one month to display
the Open House sign at the end of Bel Air Drive for
the Yachtsman's Cove Property.
• MOTION was made by Commissioner Walker/Vice Mayor Blosser not to
extend the permission to display an Open House sign for Yachtsman's
Cove. All voted AYE.
The Coronado Clubhouse temporary Sale sign on East
Towed.which has a final Certificate of Occupancy,
was discussed. Roger Zona will have drawing before
the Workshop Meeting on April 26, 1983 for the Town
Commission to review. Permission was granted by the
Town Commission to attach a directional arrow for
Sales Office on their permanent sign.
Other correspondence: A request was received from
Highlands Place asking for an extension of their
building permit. Tom Sliney was asked to send them
a letter regarding procedure.
The Department of Community Affairs asked for the
status of our five-year .review of the Comprehensive
Plan and a letter has been sent to them by the Town
Manager, advising of our progress.
Florida Municipal Record Magazines advise us of
Legislative priorities.
State Representative Steve Press's office had no
• further information regarding the proposed five-year
library tax for the County.
Mrs. Roberts reported on the following departments:
Town of Highland Beach
Town Commission
Regular Meeting
April 5, 1983 Page 6 of 9
• BUILDING DEPARTMENT
Building Official Francis Hamzik's last day of work
was on April 1, 1983. Tony Abbate, now the Building
Inspector will be Acting Building Official. The
fifteenth revision of the Building Status in Town
is presently being compiled and will be available
very soon. During March, a final Certificate of
Occupancy was issued to Evanton Baye for twelve
units at Boca Hi; also, a final Certificate of
Occupancy was issued to the Healy Property---
(Maravilla) one home and the guest facility.
POST OFFICE
There will be an audit of the contract Post Office
on Wednesday, April 6, 1983 by the main. Post Office
in Boca Raton. who asked that the window service be
temporarily closed for a few hours to accomplish this.
FINANCE DEPARTMENT AND INTERNAL AUDIT DEPARTMENT
During March, $41,000.00 was received from tax revenue,
total received is $464,477.00 for 1982 taxes; Total
• received from Sales Tax Revenue is $24,045.00---over
$5,000.00 was received for March; $882.00 was received
from County Court Revenue for fines and forfeitures;
$11,253.00 was received from F.P.L.; $4,507.00 from
Southern Bell. Interest earnings totaled $6,395.00
for the month.
POLICE DEPARTMENT
The monthly report was received. The complete report
was received from Lt. Cecere regarding the recent
bicycle accident on the bicycle-walking path.
Mrs. Roberts attended the Cooperative Dispatch Center
(CDC) Meeting on March 24, 1983---a report of the
meeting was posted on the Clipboard.
PUBLIC UTILITIES DEPARTMENT AND PUBLIC WORKS
Water consumption for March 1983 was 34 million gallons.
A monthly report was received, along with weekly
reports, regarding the wastewater system and the
Water Treatment Plant---copies are on the Clipboard.
The grading by Earl Harvel of the water plant lot next
to Federal Highway in Boca Raton was delayed. Anew
repump check valve is to be installed on April 7, 1983
because we have been having trouble with the flow
• readings. All street lights in town have been converted
by F.P.L. as of March 28, 1983.
Town of Highland Beach
Town Commission
Regular Meeting
April 5, 1983 Page 7 of 9
•
10. Regular Business
82.100 SOUTHERN BELL REQUEST
Mr. Burson was not in attendance and the consensus of the
Town Commission was to gather more information. This will
be on the Agenda of the Workshop Meeting on April 26, 1983.
83.20 Proposed Ordinances for first reading
(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 18
entitled "Offenses and Miscellaneous Misdemeanors",
Section 18-11 (14) entitled "Amplified Sounds Outside
Enclosed Building."
The title was read by Mayor Horton constituting a first
reading.
83 20 Regarding the Serna property - Town Commission will
visit site at 3801 S. Ocean Boulevard
Several Commissioners have visited the property. Mr. Serna
• was given 21 days by the Department of Natural Resources
(DNR) from their date of their letter on March 29, 1983 to
submit a formal application of alteration/building plans
on the Coastal Construction Line. This will be on the
Agenda of the Workshop Meeting on April 26, 1983.
83 21 Villa Magna final Certificate of Occupancy
A field trip ~'as scheduled by the Community Appearance
Board on April 21, 1983, but Philip Colman felt that he
should not have to wait that long for the return of his
bond. The Town Commission then scheduled a field trip
to Villa Magna on Thursday, April 7, 1983 at 3:30 p.m.
83 22 Ocean Dunes proposed extension of temporary
Certificate of Occupancy
The Community Appearance Board has planned a field-trip to
Ocean Dunes on April 21, 1983.
Braemer Isle proposed action for final Certificate of
Occupancy was discussed. Before a final Certificate of
Occupancy can be granted, Tom Delaney was told that
certain items had to be completed at Braemer Isle.
• Mr. Spink, of 3817 South Ocean Boulevard, who has a
severe erosion problem on the East side of his property
asked for permission to build a seawall. Since this is
Town of Highland Beach
Town Commission
Regular Meeting
• April 5, 1983 Page 8 of 9
an emergency situation, the consensus of the Town
Commission was to grant permission for the seawall,
but asked to see the plans before a permit is issued.
The proposed project to build a small park to the West of
Town Hall by Boy Scout Hap Crowell (a resident of Bel
Lido) was discussed. The consensus of the Town Commission
was not to grant this request.
A request was received from Ocean Dunes to extend their
t~mg~orary Certificate of Occupancy which expired on
March 29, 1983 to May 6, 1983. There was some discussion.
MOTION was made by Commissioner Basso/Vice Mayor Blosser to extend
the Temporary Certificate of Occupancy to May 6, 1983. All voted AYE.
A letter was received from a real estate office asking that
permission be granted for a temporary floating dock.
After some discussion, the consensus of the Town Commission
was NO.
A request from the Library Board Treasurer to place a
"Mail box", painted to match the building near the
• entrance door, to be used as a book depository when the
library is closed, was discussed. The consensus of the
Town Commission was YES, but the box would have to be
secured.
A resident, Mr. Nilan, requested that the town allow him
to purchase electricity from a town outlet for use on
his boat near the Bel Lid® entrance. After discussion,
the consensus of the Town Commission was NO and that the
electrical outlet should be secured with a lock so no one
but the Town can have any access to it.
The offer from a Scout troop in Delray Beach to clean the
beach was discussed. After some discussion, the con-
sensus of the Town Commission was NO.
The Cable TV Legislation was discussed but the Town Commi-
sion will look into it further after more information is
received. This will be on the Agenda of the Workshop
Meeting on April 26, 1983.
The recommendation by the Palm Beach County Municipal
League that House Bill 397 be supported by the Town
regarding certification of building inspectors was
discussed. The consensus of the Town Commission was to
• support this to protect the public.
The bicycle-walking path was discussed. The Police
Department should stop bikers and give citations to those
who violate laws. Use of a bell, lights at night. and
a 10 MPH speed limit for bicycles was discussed.
4
Town of Highland Beach
Town Commission
Regular Meeting
April 5, 1983
Page. 9 of 9
BILLS FOR APPROVAL (Read by Town Manager):
B & C Roofing $985.00
Capital Controls $1,495.00
Harvel & Deland $1,925.00
Dilworth, Paxson et al $15,563.05
TOTAL $19,968.05
MOTION was made by Commissioner Basso/Vice Mayor Blosser to approve
the bills for payment. All voted AYE.
Mayor Horton announced that the Town Commission will hold
Public Hearings on April 12, 1983 and April 26, 1983 at
5:01 p.m. regarding the proposed changes to amend the current
Zoning Ordinance and to enact a Building Permit Moratorium
Ordinance.
MOTION was made by Commissioner Basso/Vice Mayor Blosser to adjourn
the Regular Meeting at 5:25 p.m. All voted AYE.
APPROVED:
~d~
Mayor Lou's Y. Horton
Vice M~ajyor Mary L ise G. Blosser
!~/Q~~ ~
Commissioner John J. Basso
(Absent )
Commiss' r Edw d J Sullivan
ATTEST : ~ ,C/~ t ~~.
Commissioner Harry Walker
Deputy Town Clerk
DATE:~~,~~ 7 i y~~ (Seal)
TOWN OF HIGHLAND BEACH - TOWN COMMISSION
REGULAR MEETING - April 5, 1983
BILLS FOR APPROVAL
---------------------------------------
B & C ROOFING ...................................... $
(Roof Repairs - Police Station)
Capital Controls ...................................
(WTP Gas Detector with Kit etc.,)
Harvel & DeLand ....................................
(Replacing Check Valve Storage Tank -Water Dept)
ri%
t{., ~ %
985.00
1,495.00
1,925.00
Dilworth, Paxson et al ............................. 15,563.05
TOTAL $ 19,968.05
Respectfully Submitted,
• ~~
," - _ .
M. Maree Birkbeck
Finance Director 4/5/83
cc:Tpwn Manager
Deputy Town Clerk
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