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1983.09.06_TC_Minutes_Regular• TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tues September 6, 1983 1:30 P.M. The Regular Meeting was called to order try Mayor Louis Y. Horton at 1:50 p.m. Also in attendance were Vice Mayor Mary Louise G. Blosser and Commissioners William E. Paul, Betty Jean Stewart and Harry Walker. Also in attendance were Town Manager Elaine W. Roberts; Town Attorney Thomas E. Sliney; Chief of Police Kenneth Jones; Town Clerk Mary Ann Whaley; citizens and the general public. 2. Pled a of Alle fiance 3. Approval of Minutes - July July • July July Augu; 26, 1983 - 26, 1983 - 29, 1983 - 29, 1983 - ~t 2, 1983- Special Meeting Workshop Meeting Special Meeting Recessed Workshop Meeting Regular Meeting Commissioner Stewart indicated that on Page 3 of the July 29, 1983 Recessed Workshop Meeting minutes, the record should be amended to indicate that her communication regarding the Bel Lido entrance maintenance was with Dr. Bedotto rather than "the owners in the Bel Lido area" and that the requested funding was $100 per month for maintenance with the Town cutting the grass and a contribution toward the improvements to the Bel Lido entrance, rather than "$1,500 per year in funding" . A MOTION was made by VICE MAYOR BLO5SER/COMMISSIONER STEWART to approve the minutes as amended, which MOTION carried unan- imously. 4 . Public Regues is = Mr. and Mrs. Phil Bozutto, tanners of 6870 and 6850 No. Federal Highway addressed the Town Commission and expressed • their opposition to the Town's proposed sale of the 25' strip of land located at the Water Plant. Mr. Bos~utto indicated that he was speaking for himself as well as the owns rs of Arturo' s 1 Town Commission September 6, 1983 Regular Meeting Page 2 of 9 Restaurant who felt that the value of their property would decrease should Stevenson Builders be allowed to construct a three story building on their site. Mr. Bozutto indicated that Stevenson Builders would be limited to a one story building without the Town's 25'. Mr. Bozutto requested a letter from the Town indicating that the sale had not been consummated yet. Mr.Bozutto will also submit a request to the Town to lease theproperty with landscaping provisions in order to halt the proposed sale of the property. Commissioner Paul requested a transcript of the Town Commission Meeting of August 30, 1983 (Workshop) at which Mr. Wanick addressed the Commission representing Stevenson Builders. Mrs. Roberts will write Mr. Bozutto a letter stating the fact that no sale has been consummated as of this date. The Town Commission will study this matter further upon receipt of the intent of Mr. Bozutto to lease the land. Mrs. Roberts will gather additional information in writing as to the variances which have been approved by Boca Raton. Attorney Sliney clarified that no commitments had been made to either Mr. Wanick or Mr. Bozutto regarding the disposition of this tract. Mr. Michael Dent addressed the Town Commission regarding the leasing of the U.S. 1 parcel, the Bel Lido entrance main- tenance and submitted further suggestions to the. Chapter 2 amendment ordinance. Discussion ensued regarding a written request for a re- hearing by the Moratorium Variance Appeals Board on the Highlands Plane project. The Town Commission scheduled a meeting of this Board on October 11, 1983 at 4:00 p.m. when all members of the Commission cazld be present. 5. Reports - Boards and Committees (a) Board of Adjustment - This Board will have a Special Meeting on September 13, 1983 to set a date for a public hearing on the request regarding the wall between ~dilla Magna and the Holiday Inn. Mr. Colman of Villa Magna was present and requested that the public hearing be scheduled for after Octok~er 10 as he would be out of Town earlier in the month. Town Commission September 6 , 1983 • Regular Meeting Page 3 of 9 (b) Code Enforcement Board - Their regular meet- ing will be held on September 21, 1983 at 10:00 a.m. Citations have been issued regarding the pruning of the Town's historical Banyan Tree and a Special Meeting may be called for this matter. (c) Community Appearance Board - Mr. Frank Savino was present representing this Board and read a report prepared by Amelie Leng, Chairman regarding a request to take action on the Boca Hi north entrance; the approval of the Coronado permanent sign; DOT mousing the rights-of-way; and a request for a sign change at Regency Highlands. (d) Financial Advisory Board - No report. (e) Health Officer - No report. (f) Housing Board of Adjustment and Appeals - No report. • (g) Planning Commission/Local Planning Agency - They will meet. on September 14, 1983 to discuss zoning and the possibility of the submission of a tentative report to the Town Commission. They will also study and review the proposed changes to wall heights (Chapter 30, Sec. 5.2). (h) Police Committee - They will meet on September 12, 1983 at 10:00 a.m. Soll Roehner's resignation from the Code Enforcement Board was then read. MOTION to regretfully accept the resignation was made by COMMISSION WALKER- COMMISSIONER PAUL/VICE MAYOR BLOSSER-COMMISSIONER STEWART, which MOTION carried unanimously. 6. Proposed Ordinances and Resolutions - (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 2, entitled "Administration", Article I, entitled "In General", Section 2-5 entitled "General • Supervision over Town Affairs; Suspension of. Town Officers" and Article II entitled "Town Officers;' Town Commission September 6, 1983 • Regular Meeting page 4 of 9 The Town Clerk read this ordinance in its entirety. Commissioner Walker read for the record the suggestions submitted by Mr. Dent. After substantial discussion, a MOTION was made by COMMISSIONER WALKER/COMMISSIONER PAUL to amend the proposed ordinance in both Sections by the moving of the words "of the town" in the first sentence between the words "employee" and "except"; to amend the second sentence in Section 2-5 and the final sentence in Section 2-20 to read: "With respect to certain positions whose appointment is provided to be made by the commission, by charter or otherwise, the appointees shall not be discharged by the town manager without commission approval." The MOTION to amend the ordinance carried unanimously. A MOTION was then made by COMMISSIONER WALKER/COMMISSIONER PAUL to adopt the ordinance. The Town Commission was polled by the Town Clerk and all voted aye. (b) Proposed ordinance of the Town of Highland Beach • regulating news racks - This matter will be dis- cussed at the September 27, 1983 Workshop Meeting. (c) Proposed Ordinance of the Town of Highland Beach to require heat/smoke detectors - This matter will be discussed at the September 27, 1983 Workshop Meeting. (d) Proposed Ordinance - Ordinance of the Town of Highland Beach amending Chapter 23, entitled "Signs and Advertising" - This ordinance was read by title by the Town Clerk for its first reading and will be placed on the Workshop Meeting Agenda for September 27, 1983. The Community Appearance Board will be requested to clarify inconsistencies in Sections 7(f)(1) and 7(f)(2). (e) Proposed Ordinance - Ordinance of the Town of Highland Beach amending Chapter 7, entitled "Buildings", Section 107.4 of the Standard Building Code - This ordinance was read by title by the Town Clerk for its first rea~3ing and will be placed on the Workshop Meeting Agenda for September 27, 1983. Town Commission • Regular Meeting September 6, 1983 Page 5 of 9 Ordinance of the Town of Highland Beach, Florida, amending Ordinance No. 449, wh ich appropriated funds for the Fiscal Year 1982/83 which began October 1, 1982 and will end September 30, 1983 - This ordinance was given first reading by the Town Clerk and will be scheduled for the September 27, 1983 Workshop Meeting and a prior budget workshop to be scheduled. Ordinance of the Town of Highland Beach, Florida, to Effect a Tax Levy Based Upon the 1983 Tax Roll of the Town of Highland Beach - This ordinance was given first reading by the Town Clerk and will be scheduled for the September 27, 1983 Workshop Meeting and a prior budget workshop to be scheduled. Ordinance of the Town of Highland Beach, Florida, Appropriating Funds for the Fiscal Year 1983-84, Beginning October 1, 1983 and Ending September 30, 1984 - This ordinance was given first reading by the Town Clerk and will be scheduled for the September 27, 1983 Workshop Meeting and a prior budget workshop to be scheduled. 7. Reports - Town Commission - (a) Mayor Louis Y. Horton - Mayor Horton read a letter into the record from Mr. Ed Bennett regarding un- sightly grass and weeds in Town and the Town's enforcement of the Codes. The matter was discussed with specific emphasis on Mr. Sawyer's property with the Town Manager being authorized to have the Town's Maintenance Department repair Mr. Sawyer's sprinkler system if permission is received f rom Dar . Sawyer . (b) Vice Mayor Mary Louise G. Blosser - Vice Mayor Blosser reported that she would be accompanying the Town Manager and Building Inspector on a site check prior to the issuance of a final C/O to Coronado Clubhouse. Discussion was held regarding the sales practices allowing potential purchasers to stay at Coronado for 1 week as publicized in the newspaper recently. Attorney Sliney will check the • condo documents on Coronado and report back t o the Town Commission on this matter. w Town Commission • September 6, 1983 Regular Meeting page 6 of 9 (c) Commissioner William E. Faul - Commissioner Paul expressed his concern regarding the unlawful pruning of the Town's historical Banyan Tree by the owners of the Edgewater Project. The Town Manager reported that five citations had already been issued with intention to issue more. Chapter 282 was cited wherein recovation of a building permit was provided for in this case. Mr. Hackman will be notified that proper protection must be provided to this tree within 24 hours or face possible re~rocatio~ of his permit. The Code Enforcement Board will be requested to hold a special meeting on Friday, September 9, 1983 at 10:00 a.m. to make a deter- mination regarding the citations issued in this matter. (d) Commissioner Betty Jean Stewart - Commissioner Stewart deferred her report until later in the meeting. (e) Commissioner Harry Walker - No report. 8. Reports • the stag Issue. Mayor Councilmember negotiate the - Town Attorney - Attorney Sliney reported on ~zs of the Delray Beach/Highland Beach Sewer Horton indicated that he would be meeting with Malcolm Bird of Delray Beach soon to further matter. 9. Reports - Town Manager - Mrs. Roberts reported that in connection with the unlawful pruning of the Town's historical Banyan Tree, a meeting was going to be held on Wednesday morning at 10:00 a.m. at the site with Edgewater who would have a forester available. Mr. Gene Brooks would also be present, as would the Town's Building Inspector and Mrs. Leng or Commissioner Stewart to see what steps needed to be taken to protect the rest of the tree. Mr. Brenner, who was to attend as forester for the Town's interest, could not be present due to a change in plans. Mrs. Roberts reported that a meeting would be held at the Palm Beach Town Hall on September 27, 1983 regarding a proposal to reinstitute the Municipal Court System and that the Town should be represented. Mr. Myers of the Code Enforcement Board will be asked if he can attend • this meeting. Town Commission Regular Meeting September 6, 1983 Page 7 of 9 Mrs. Roberts indicated that a Town rep re sentative would attend a meeting on September 27, 1983 regarding the possibility of pooling purchasing procedures between several of the towt~Sin Palm Beach County. Mrs. Roberts stressed that money could be saved by several towns purchasing in larger quantities. Mrs. ,Roberts reported on correspondence regarding Boca Hi (Guardhouse); letter from Mr. Slagle; notification from DNR regarding the Spink property for response by 9/30/83; DER correspondence regarding the Drexel property; correspondence from legislators acknowledging the Resolution re mergers of municipalities; University of Florida update on population; Social Security Administration regarding payments bi-weekly. The Town Manager then reported on the Town Departments: Building Department: • Status of Massengill-Moore property; permits issued and status of Butler penalty; Final C/O's issued for Yachtsman's Cove and Building permit issued for Spaces and Places (behind Braemer Isle) . Town Clerk• Ms. Whaley will attend a meeting of Municipal Clerks sponsored by the Supervisor of Elections from 10:00 a.m. to 12:00 noon on July 27, 1983 regarding the Uniform Election Act and updates on election laws. Finance Department: Monies received include approximately $27,000 from FP&L for June; $4,500 for sales tax; $3,700 from Southern Bell; $2,094 in Court fines, plus revenue from Revenue Sharing/Cigarette Tax and monies from the County for county occupational licenses. • I Town Commission Regular Meeting September 6, 1983 Page 8 of 9 Police Department: Mrs. Roberts reported on meeting with CDC; new system of assigning case numbers; letter of commendation received from the Board of Directors of Ambassador's South regarding the "cat burglar" incident. Utilities Department: Mrs. Roberts reported on water consumption for the month; extension of testing period for one month; problems regarding Well #6; quotes received for the cutting of pine trees and holly tree at the water plant; US GS data. At this time, the regular meeting was recessed for the purpose of holding a Public Hearing on the proposed 1983/84 budget. i Upon re-convening the Regular Meeting after the Public Hearing, the following Items Left Over were taken up . 83.59 Beach Walk West - 90 day extension - No action was taken on this matter. Mrs. Rob erts will obtain further information regarding the status of the DER permit, the required monitoring of the mangroves and the status of DER's approval of work already done. This matter will be placed on the September Workshop Agenda, unless the Town Commission approves the extension. A request from the Citizens Choice Committee for funding regarding Proposition One was discussed. Mrs. Roberts indicated that other local municipalities were not participating because the County Commission had approved a grant to fund the project. 83.54 Status of Massencrill Moore Property - Mr. Milord will submit plans for subdivision of the property to the Plant+iing Commission prior to the Town Commission taking action on the proposed Unity of Title request. • • Town Commission Regular Meeting September 6, 1983 Page 9 of 9 83.24 Bike Walk-Path Study Committee - The quotes 83.27 received for the widening of the path were 83.50 discussed. The Town Manager will try to get confirmation from the DOT that the requested width is acceptable (6') and from the County Commission (Commissioner Dorothy Wilkin) that the County will carry over the $25,000 funding for the project into their next year's budget. Attorney Sliney will get in touch with the County Attorney to get confirmation on this point also. This meeting was recessed at 6:10 to reconvene on Friday, September 9, 1983 at 1:30 p.m. to be immediately followed by a special budget workshop. APPROVED- Louis Horton, Mayor ATTEST ~~ ,~. ~ti Town C erk °• Date : ~~ ~-~ ~- Mar Lo ise G. Blosser, Vice Mayor William E. Paul, Commissioner Bet can St art, Commissioner Harry Walker, Commissioner •