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1982.10.26_TC_Minutes_Workshopr ~ TOWN OF HIGHLAND BEACH, FLORIDA . Minutes of Meeting of Town Commission Workshop Meeting and October 26, 1982 Moratorium Variance A peals Board 1.30 P M In Mayor Norton's absence, Vice Mayor Mary Louise G. Blosser called the Workshop Meeting to order at 1:30 P.M. Those in attendance were: Vice Mayor Mary Louise G. Blosser and Commissioners John J. Basso, Edward J. Sullivan and Harry Walker. Also in attendance were: Elaine W. Roberts, Town Manager; Thomas E. Sliney, Town Attorney; Police Chief Kenneth Jones; and Jane E. Barker Town Clerk. There were quite a few interested people in the audience. 82.1 Vacancies on Boards (a) Board of Adjustment plus reappointments. Mrs. Roberts reported that a letter had been received from the Board • of Adjustment recommending that Mr. Benjamin E. Winston and Mr. Stephen G. Doig be appointed as regular members and Mr. Gilbert Lorenz be appointed as Alternate #l. .• (b) Code Enforcement Board - Mrs. Roberts requested that this Board not make any appointments until next week after the new Code Enforcement Board Ordinance was adopted. (c) Financial Advisory Board - Mrs. Roberts reported that this Board would be meeting November 8, 1982. They have need of an alternate member and have received a resume from Mr. Ed Davis. He has been invited to the next F.A.B. meeting. (d) Planning Commission - Mrs. Roberts said that this Board had an Alternate member vacancy. (e) Police Committee - Mrs. Roberts reported that this Committee has a regular member vacancy. 82.42 Water Treatment Plant (a) Salary schedule and proposed budget for 1982-83 - Utilities Department. Mrs. Roberts referred to the salary schedule and • proposed budget as well as the amended Plan of Organization r Minutes of Highland Beach Town Commission • Workshop Meeting October 26, 1982 Page 2 of 9 showing the new Public Utilities Department. Commissioner Walker inquired as to whether the Financial Advisory Board had reviewed the new salary schedule. It was the wish of the Commission that they do so. There were no questions regarding the Plan of Organization and this will be placed on the Items Left Over for the Regular Meeting. (Consult Agenda) (b) Sprinkler System Quote - Mrs. Roberts explained about the expanded sprinkler system and where it would be installed. Commissioner Basso asked why this was not in the original design and Mrs. Roberts said it was not in the contract when the Water Treatment Plant was expanded last year. 82.49 Status of sewer rates from Delray Beach - Mrs. Roberts explained about the meeting with the Delray Beach City Council and that Mr. Robert Slater will be meeting with Mr. Gordon Tiffany, City Manager of Delray Beach, and Mr. Eldon Marriott, City Manager of Deerfield Beach. • Mr. Slater then informed the Commission of the increased rate formula which might have to be put into effect and said that getting this matter settled shortly might be difficult. Discussion ensued. Attorney Sliney informed the Town Commission that he had prepared an Emergency Sewer Rate Increase Ordinance, raising the sewer rate $4.00 a month - from $7.00 to $11.00. This will be considered for adoption at the Special Meeting later today. 82.74 Regarding Royal Highlands - Mrs. Roberts and Attorney Sliney have both sent letters to Royal Highlands, answering their questions. Mrs. Roberts said that the next step is up to Royal Highlands. 82.75 (a) Police Committee Resolution - Mr. Lowell Blum, Chairman of the Police Committee asked that this matter be postponed another month. This item will be placed on the agenda for the November Workshop Meeting. 82.75 (b) Resolution received from County Commission onposina Casino Gambling in Florida - Discussion ensued regarding • Minutes of Highland Beach Town Commission • Workshop Meeting October 26, 1982 Page 3 of 9 this item, whether this should be handled only by the Town Commission or should an opinion from the whole Town be obtained. This item will be placed on the November Workshop Agenda. 82.75 (c) Resolution regarding the Planning Commission - Mrs. Roberts stated that she and Vice Mayor Blosser had been working on this item. It was felt that this would have to be an ordinance rather than a resolution inasmuch as it would have to be codified in the Code of Ordinances. This item will be discussed further at the Workshop Meeting in November and will be distributed to the Planning Commission members. 82.77 Request from Roy Simon re Vagabond Motel - Mr. Roy Simon, Architect, addressed the Town Commission and inquired as to whether remodeling would be included in the latest Moratorium Ordinance. He said that his clients were interested in purchasing the Vagabond Motel and asked him to draw up plans for remodeling the motel, • but wanted to determine the status of the ordinance first. Discussion took place with it being determined that Mr. Hamzik's recommendation should be obtained, after reviewing the plans. MORATORIUM VARIANCE APPEALS BOARD MEETING 2:00 P.M. At this point the Workshop Meeting was recessed and the Moratorium Variance Appeals Board Meeting was called to order. This meeting was called for the purpose of hearing an appeal from C.D. Milani - Lots 4 & 5 East - Corona Del Mar, Vice Mayor Blosser said. She then read a letter from Mayor Horton dated October 26, 1982, for the record, regarding the recommendations of the Planning Commission and Zoning in Progress. Mr. Daniel H. James, Attorney for Mr. Milani, talked at some length, explaining that Mr. Milani's plans had existed long before the new moratorium ordinance was adopted. He stated that Mr. Milani had demonstrated good faith throughout the years and. had been all set to obtain his building permits when he ran into problems with the Community Appearance Board. Much discussion took place with Mr. Milani, Dr. Orman, and Town • Commission members themselves. Vice Mayor Blosser then said that r~ LJ Minutes of Highland Beach Town Commission Workshop Meeting October 26, 1982 Page 4 of 9 with the Mayor being absent, as she felt that this matter should of the Commission was to recess November 10, 1982 at 10:00 A.M. well as the Building Official, be postponed. The consensus this meeting until Wednesday, The Moratorium Variance Appeals Board meeting was recessed at 3:OO P.M. The Workshop Meeting of the Town Commission reconvened at 3:01 P.M. 82.76 Rectuest regarding Coronado Clubhouse - Lots 96 and 97 East Mr. Roger Zona, Project Manager for Coronado, showed the Town Commission plans for the Coronado Clubhouse changes and explained them. Mrs.Roberts stated that inasmuch as the Clubhouse was not discussed in the Court settlement, the matter came before the Town Commission. Mr. Zona was informed that he could submit a Planning Commission application and a Community Appearance Board application. This request will be brought up again at the Regular Meeting of the • Town Commission on November 3, 1982. 82.78 Quotes re mowing of AlA right-of-way. Mrs. Roberts spoke of the quotes she had received for mowing the AlA right-of-way. She said she had received one from Mr. Gonzolas, whom Commissioner Basso recommended very highly. Mrs. Amelie Leng, Chairperson of the Community Appearance Board said that the newly planted trees looked lovely, however, the underbrush ruins the whole effect and she felt that this mowing should be handled swiftly. 82.79 Quote re paver sctuares between municipal buildings Mrs. Roberts said that she has spent hours talking with experts about the patio but she has been unable to get any one to submit quotes for concrete of the patio. Vice Mayor Blosser said that possibly action could be taken on this at the Regular Meeting on Wednesday, November 3, 1982. 82.80 Regarding new Town sign south end of Town • Mrs. Roberts said that she had received one bid for this new sign, from Coastal Signs. It was suggested by Vice Mayor Blosser Minutes of Highland Beach Town Commission • Workshop Meeting October 26, 1982 Page 5 of g that this matter be tabled for awhile. Commissioner Basso then said that in walking on the property behind Town Hall, he noticed that Highland Beach Cable TV had erected two TV dishes instead of one and said that somebody must have given them permission to do this. He wanted to know if the Building Official had knowledge of this. Discussion took place. 82.81 Proposed Ordinances Proposed Ordinance No. - An Ordinance of the Town of Highland Beach, Florida, to effect a tax levy based upon the 1982 tax roll of the Town of Highland Beach. Proposed Ordinance No. - An Ordinance of the Town of Highland Beach, Florida, appropriating funds for the Fiscal Year 1982-83, beginning October 1, 1982 and ending • September 30, 1983. Vice Mayor Blosser announced that these two proposed ordinances were advertised in the Sun Sentinel on Tuesday, October 12, 1982 and in the Palm Beach Post a quarter page ad on Saturday, October 23, 1982. Proposed Ordinance No. - 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 and Retaining Walls," Section 21-1 and 21-3. Vice Mayor Blosser said that this proposed ordinance was being rewritten and Mrs. Roberts spoke of the changes being made. Proposed Ordinance No. - An Ordinance of the Town of Highland Beach, Florida, amending the Code of Ordinances, Chapter 5, entitled "Animals and Fowl," Section 5-5 entitled "Animals Prohibited from Running at Large." Commissioner Basso said that he would like to see it made mandatory that people walking animals be made to carry a "pooper scooper" with them. • Minutes of Highland Beach Town Commission Workshop Meeting October 26, 1982 Page 6 of 9 (e) Proposed Ordinance No. - An Ordinance of the Town of Highland Beach, Florida, amending Ordinance 442, Numbers 8, 9, 11 and 12: Site Plan Review (Pre- liminary), Site Plan Review (Final Development Plans), Community Appearance Board (Preliminary Review), Community Appearance Board (Final Review). (f) Proposed Ordinance No. - An Ordinance of the Town of Highlanc Beach, Florida, amending the Code of Ordinances, Chapter 11, Section 11-2, entitled "Storage and Collection", and Chapter 11, Section 11-9, entitled "Removal of Refuse and Trash from Premises." Discussion took place regarding these two proposed ordinances. (g) Proposed Ordinance No. - An Ordinance of the Town Commission of the Town of Highland Beach, Florida, creating a Code Enforcement Board; providing for legislative intent; providing for applicability; providing for definitions; providing for organization; providing for enforcement procedures; • providing for hearings; providing for powers; providing for administrative fines and liens; .providing for duration of liens; providing for appeal; providing for notices and providing an effective date. Attorney Sliney stated that there were a number of changes to the Florida State Statutes necessitating that the Town adopt a new Code Enforcement Ordinance. (h) Proposed Ordinance the Code of Ordinances entitled "Water System and Section 29-23 (1), Fund Created." No. - An Ordinance of the Town of Highland Beach, Florida, amending of the Town of Highland Beach, Chapter 29, ," Section 29-6, entitled "Testing of Meters" entitled "New Dwelling Construction; Fees; Mrs. Roberts stated that this ordinance was being recommended to reflect an increase of the Water Connection Fee to $500.00 per dwelling unit. (same as the sewer connection fee) All of the above ordinances have had a First Reading. • r ~ Minutes of Highland Beach Town Commission Workshop Meeting October 26, 1982 Page 7 of 9 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". Discussion took place regarding the above proposed ordinance as to the "Expiration of Building Permit." Mrs. Roberts said this should be referred to the Planning Commission for a Public Hearing. 82.83 Letter Received from Commissioner Sullivan's Attorney re Public Inspection of Town Records Discussion took place regarding public and the charge for same. be reimbursed. He said that the Sullivan's attorney put him in a • impression that all records of a information. supplying Town records to the Mr. Sliney .felt the Town should opinion from Commissioner quandry as he was under the municipality were public Discussion then took place regarding the taping of meetings and was it necessary? Mrs. Roberts stated that it was most helpful in court cases. Town Commission Reports Mrs. Roberts brought up three items as requested by Mayor Horton (in his absence. The first was a letter from Southern Bell concerning the removal of the overhead lines at Regency Highland. These will be removed no later than the end of November. The second item concerned the Board of Adjustment and their request that their powers be augmented to include the authority to review special exceptions and non-conforming structures. The third item concerned the double taxation issue and the recent decision handed down. Mayor Horton stated through Mrs. Roberts that he would study this further and get back to the Commission. Commissioner Basso said that he felt an ordinance should be • drawn up stating that if a tree dies, or has to be removed for Minutes of Town Commission Workshop Meeting • October 26, 1982 Page 8 of g some reason, the owner should be made to replace it. Attorney Sliney said that he would look into this, but he felt that problems might arise. Commissioner Walker said he thought it might be hard to enforce. Commissioner Walker - No report. Reports - Town Attorney Attorney Sliney asked if any one had had a chance to review the Ocean Properties law suit. Commissioner Basso asked why John O'Grady had permission to conduct a real estate office in the Holiday Inn. Discussion took place with Mrs. Roberts explaining this situation. Discussion also took place regarding Tom Graham and compensation for him. • Attorney Sliney said he had talked with the Attorney from Delray Beach regarding the sewage charges. Mr. Sliney then talked about the emergency ordinance he had prepared, increasing the rate from $7.00 per month to $11.00 per month. Commissioner Basso requested the Town Manager to obtain facts and figures, should the Town decide to construct its own sewage disposal system. Reports - Town Manager Mrs. Roberts reported that the Library would be having an Open House on November 14, 1982 from 2:00 P.M. to 4:00 P.M., if the Town Commission had no objections. She also reported on two quotes she had received for the fire department parking lot and for beach cleaning. Mrs. Roberts also spoke about Florida Power and Light and Lift Station # 3; the Walle seawall, after which discussion ensued. • Minutes of Highland Beach • Town Commission Workshop Meeting October 26, 1982 Beach erosion was also discussed. Meeting ADJOURNED at 5:00 P.M. Page 9 of 9 APPROVED: (ABSENT) Mayor Louis Y. Horton Vice^Nlayor Mary Louise G. Blosser ~~'/%~ sS.~or1~r John N . ~sa~so n ATTEST: Date : - v~ ~7 0 ~. Commissioner/ Eduard J. Sullivan Commissioner Harry Walker • /LCD O `/ o``•' • ' y~ '~i ~' G "`~ --'' Town of Highland Beach i w..a.• '.m~j ~ BF.~fH- : ~ ~ . ~.. .c~~ - •~ •t ~ ~ _ ' S: 3614 SOUTH OCEAN BOULEVARD • HIGHLAND BEAGH, FLORIDA 33431 /~ -`-.~~ `OR10ps- ~~ Palm Beach County, Florida 305 - 278-4548 Meyor Lovis Y. Horton Vice M eyor Mary Lowse G Bloseer Commissioners. John 7. Besso Edward 7. SulBvnn Herry Wniker Town Meneger: Eleine W. Aoberts In the event of my absence from the meeting of the Moratorium Variance Boa>•d on October 26, 1982, I am asking the Town Manager to read this statement into the record: The Town Commission has yet to receive any recommendations from the Planning Commission regarding either the Comprehensive Plan or the Zoning Ordinance_ Inasmuch as the petitioners property is in one of the areas under study, I don't-see how any action regarding a building permit can be taken until passage of a new Zoning Ordinance. Recommendations of the Planning Commission may or may not be followed by the Town Commission, i~rhich also must take into consideration recommendations from other interested ~arties, Boards, or Commissions. Section S(A) of Resolution No. 438 deals primarily with those areas of the present land-use plan, which are not under study by the Planning Commission for possible change. In my opinion, the date of passage of Moratorium Ordinance No. 443 is of no particular significance. A municipality does not have Zoning-in-Progre merely because it passes a Moratorium, ,rather, it passes a Moratorium because it has Zoning-in-Progress. Ordinance No. 416, passed on July 7, 1981 verifed the fact that Zoning-in-Progress existed at that time. The Sanibel decision overturned the method of passage of Ordinance No. 416, but it died not overturn the fact that Zoning-in-Progress existed. For the above reasons, I think the petition must be denied. It may very well be that the Zoning Ordinance to be .passed will effect no change on the petitioners property and he can build in accordance with the plans ~pproved by the Planning Commission and the Community Appearance Board. Until the passage of a new Zoning Ordinance, I don't see how any action regarding a building permit can be taken. MAYOR LOUIS Y. HORTON