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1982.09.07_TC_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission Regular Meeting September 7, 1982 1.30 P M. Mayor Horton called the Regular Monthly Meeting to order at 1:30 P.M. Those in attendance were: Mayor Louis Y. Horton and Commissioners John J. Basso, Edward J. Sullivan and Harry Walker. Also in attendance were: Elaine W. Roberts, Town Manager; Tom Sliney, Town Attorney; Police Chief Kenneth Jones and Rita Ebersole, Secretary. Vice Mayor Blosser was absent. Pledge of Allegiance Approval of Minutes July 27, 1982 - Special and Workshop Meeting July 29, 1982 -Joint Workshop - Planning Commission August 6, 1982 - Special Meeting MOTION by Commissioner Basso and seconded by Commissioner Sullivan • that the minutes be approved. All voted in favor. Public Requests and Comments Mr. William Burson, representative of Southern Bell addressed the Commission concerning burying the telephone cables in Highland Beach. He referred to his letter of September 28, 1981 and suggested the work would probably be completed sonner than anticipated. Mr. William Hamilton, representative of Florida Power & Light also addressed the Commission. He said it would not be in the best interest of the FPL customers to pay for the beautification of one town such as Highland Beach. If cables are put underground, it would be a cost sharing venture. He also advised the Commission that repair of overhead lines is much quicker. Reports - Boards and Agencies of the Town Board of Adjustment - Mrs. Roberts reported the Board's next meeting will be held October 19, 1982. Code Enforcement Board - This Board still has one vacancy and will be meeting September 22, 1982. Minutes of Meeting • Town of Highland Beach Town Commission Regular Meeting 9/7/82 Page 2 of Community Appearance Board - Mrs. Roberts said this Board had made two recommendations to fill vacancies; Mrs. Nita Martin to be a Regular Member, replacing John Schneider who resigned and Mrs. Nicholas Johnson to be Alternate #2. MOTION was made by Commissioner Basso and seconded by Commissioner Sullivan to appoint Mrs. Martin and Mrs. Johnson. All voted in favor. Financial Advisory Board - Mrs. Roberts reported one vacancy on on this Board. Health Officer - No report. Housing Board of Adjustment & Appeals - No report. Planning Commission - The Planning Commission has two meetings • scheduled this month. One on the 15th and one on the 16th. Discussion will be with Gee & Jenson and review of Comprehensive Plan changes. Police Committee - Mrs. Roberts said this Committee met on September 2nd. They discussed the purchase of a surplus jeep, replacement for Officer Kirk and damage to the Regency lobby. Their next meeting is scheduled for October 4th at 10:00 A.M. The Resolution concerning the duties of the Police Committee is scheduled for the Town Commission Workshop Meeting in October. This Committee also has a vacancy. Reports - Town Manager - Mrs. Roberts attended the following meetings during the month: Boards and Committees, C.D.C., C.D.M., Datavision, Commissioners, Attorneys, Turtle Group, Greening of AlA, Safety, Engineers, FPL, USGS, new Audit Firm and Betty Weatherford, Library President. Mrs. Roberts had correspondence from the University of Florida informing of the new preliminary population of Highland Beach - 2,354; a letter from Boca Raton regarding water irrigation devices and from Victor Pujlas regarding interference on TV channels from our Water Plant. Mayor Horton suggested the Town hire the recommended • Transitronics firm to find out the cause of this interference. Minutes of Meeting Town of Highland Beach . Town Commission Regular Meeting 9/7/82 Page 3 of 11 Mrs. Roberts requested if Commissioner Basso could attend a meeting Wednesday, Sept. 8, 1982 at the Palm Beach Town Hall concerning the Road and Bridge fund lawsuit. Commissioner Sullivan volunteered to accompany him. Mayor Horton suggested to approve expenses up to a limit of $3,000 for this lawsuit. After some discussion, A MOTION was made by Commissioner Basso, seconded by Commissioner Sullivan that the upper limit be $3,000 subject to review by the Town Commission upon receipt of more information. Mrs. Roberts mentioned that a meeting will be held re the Sales tax law suit on Thursday, September 9th at 3:00 P.M. at the Palm Beach Town Hall. She will be unable to attend but will try to get a report from someone who attends. Mrs. Roberts reported that the-old town car had been sold to • the high bidder who was one of the Firemen stationed in Highland Beach. She also mentioned that Certified Energy Systems, Inc., have come out with a chip which lengthens the life of a bulb. It reduces the cost of electric by approximately 30 to 50/. She will investigate further. Mrs. Roberts said the Town often has a problem collecting bills due from developers and requested a policy for delinquency. A MOTION was made by Commissioner Walker, seconded by Commissioner Basso that an Ordinance be written to collect a penalty of 1~/ a month after thirty days for bills involving work done by Town appointed contractors. All Commissioners voted Aye. Mrs. Roberts then reported on the following Departments: Building - A status report on all temporary C.O.'s in Town is on the clipboard. Minutes of Meeting • Town of Highland Beach Town Commission Regular Meeting 9/7/82 Page 4 of Finance - Mrs. Roberts reported re: monies collected last month. She recently met with the new auditors who will be starting preliminary work next week. Police Department - Copies of the monthly report had been distri- buted and there were no questions. Mrs. Roberts said the Town Commission would meet the new Police Officer at the Workshop meeting of September 28th and he would then be introduced to the Police Committee at their next meeting on October 4th. Town Clerk - Mrs. Roberts reported the Town Clerk is still out ill. Mrs. Roberts said water usage increased one million gallons during the month of July. Reports - Town Attorney - • Mr. Sliney distributed revised copies of the Moratorium Ordinance based on the Workshop meeting decisions, and explained the changes. Mr. Sliney said Mrs. Roberts had asked him about bunching items together; telephone calls; attendance at meetings, etc. He said he was asked to attend the Town Commission meetings. He has been attending the Planning Commission meetings (after the zoning is completed, this will no longer be necessary) and he attends the Code Enforcement Board meetings. He does not attend the CAB or Board of Adjustment meetings unless requested. Regarding phone calls, he feels it is helpful to speak to an individual directly concerning pertinent information. Re bunching items together, Mr. Sliney did not think this a good idea inasmuch as legal questions come up suddenly throughout meetings. After some discussion, Mr. Sliney agreed to join the Town Commission meeting sometime during the second hour. Proposed Ordinances - Second Reading • (a) Proposed Ordinance No. - An Ordinance of the Town of Highland Beach, Florida, amending Minutes of Meeting Town of Highland Beach • Town Commission Regular Meeting 9/7/82 Page 5 of Chapter 27-7 (b) of the Code of Ordinances, entitled "Signs Permitted and Regulated." This proposed ordinance will be further discussed at the October Workshop meeting. (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 9, Section 12, entitled "Satellite Television Antenna System," to provide for Inspections and Maintenance. This Ordinance was read in full by Mayor Horton and a MOTION was made by Commissioner Walker, seconded by Commissioner Sullivan to adopt this Ordinance as read. In polling the Commission, the vote was as follows: Commissioner Basso - Aye; Commissioner Walker - Aye; Commissioner Sullivan - Aye; and Mayor Horton - Aye. • (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 9 entitled "Adoption of National Electric Code" and "Amend- ments, Deletions, Additions." This .Ordinance was read in full by Mayor Horton and a MOTION was made by Commissioner Basso, seconded by Commissioner Walker to adopt this Ordinance as read. In polling the Commission, the vote was as follows: Commissioner Basso - Aye; Commissioner Walker - Aye; Commissioner Sullivan - Aye; and Mayor Horton - Aye. (d) Proposed Ordinance No. An Ordinance of the Town of Highland Beach, Florida, amending theLCode of Ordinances of the Town of Highland Beach, Chapter 19, entitled "Plumbing," Section 19-T, entitled "Standard Plumbing Code - Adoption." This Ordinance was read in full by Mayor Horton and a MOTION was made by Commissioner Walker, seconded by Commissioner • Sullivan to adopt as read. In polling the Commission, the vote was Minutes of Meeting Town of Highland Beach • Town Commission Regular Meeting 9/7/82 Page 6 of as follows: Commissioner Basso - Aye; Commissioner Walker - Aye; Commissioner Sullivan - Aye; and Mayor Horton - Aye. (e) Proposed Ordinance No. An Ordinance of the Town of Highland Beach, Florida amending the Code of Ordinances of the Town of Highland Beach, Chapter Two, Section 2-64, Paragraph one (b) and (c); Section 2-67(a); and Section 2-69 entitled "Administration." Town Attorney, Tom Sliney requested the Commission to withdraw this Ordinance. He wanted to rework and discuss it at the next workshop meeting. There being no objection, it was withdrawn. Proposed Ordinance No. An Ordinance of the Town of Highland Beach, Florida, 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 a moratorium on applications for and issuance of building permits for new construction: and providing for an immediate effective date. This Ordinance was read in full by Tom Sliney and after some discussion by Dr. Orman, representing Mr. Milani and Attorney Carl Spats representing Beachwalk West, a A MOTION was made by Commissioner Basso, seconded by Commissioner Walker to adopt the Ordinance as read. In polling the Commission, the vote was as follows: Commissioner Basso - Aye; Commissioner Walker - Aye; Commissioner Sullivan - Aye and Mayor Horton - Aye. Proposed Ordinance No. An Ordinance of the Town of Highland Beach, Florida, amending the Code of Ordinances of the Town of Highland Beach, Florida, Chapter 30, entitled "Zoning," Section 10, entitled "Site Plan Review Procedures," by adding new Section 10 (c), providing for a limita- tion of one year on the effectiveness of any approved site plan for construction in the Town of Highland Beach, Florida. This Ordinance was read in full by Mayor Horton and a • MOTION was made by Commissioner Sullivan, seconded by Commissioner Basso to adopt it as read. Minutes of Meeting • Town of Highland Beach Town Commission Regular Meeting 9/7/82 Page 7 of After much discussion and a recommendation by Commissioner Walker to table this ordinance and reconsider it at the time of ammendments to the Zoning Code, the Commission was polled and the vote was as follows: Commissioner Sullivan - Nay; Commissioner Basso - Nay; Commissioner Walker - Nay and Mayor Horton - Nay - to not adopt the Resolution. Proposed Ordinances - First Reading 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," Section 2-6, entitled "Rules of Procedure" Rule No. 1. 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," Sections 21-1 and 21-3. Proposed Ordinance No. An Ordinance of the Town of Highland Beach, Florida, amending Ordinance No. 426 which appropriated funds for fiscal year 1981/82 which began October 1, 1981 and will end September 30, 1982. 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. 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, adopting the flood insurance study for the Town of Highland Beach, dated March 31, 1982, accompanied by the flood insurance rate maps, dated September • 30, 1982. Further, the Town of Highland Beach adopts the coastal high hazard areas (V-Zones). (Reference: 44 CFR, 60.3(e)). Minutes of Meeting Town of Highland Beach • Town Commission Regular Meeting 9/7/82 Page 8 of All of the above proposed ordinances were read by title constituting a first reading. Proposed Resolution of the Town of Highland Beach, Florida, providing for the processing, hearing and administrative disposition of real estate developments pending on the effective date of Ordinance No. providing for a moratorium variance establishing the Town Commission of the Town of Highland Beach as a Moratorium Variance Board, establishing a procedure for variance applications and establishing the criteria under which variances may be granted and building permits issued. This Resolution was read in full by Mrs. Roberts. Mr. Sliney, Town Attorney, requested the Commission to withhold a vote on this Resolution until he had time to rework same. He will have it ready for the special meeting on September 14th. Proposed Resolution of the Town Commission of the Town of • Highland Beach, Florida, identifying services rendered by Palm Beach County which provide no real and substantial benefit to property or residents within the Town of Highland Beach and which are financed from countywide revenues and ad valorem taxes: Petitioning the Board of County Commissioners of Palm Beach County, Florida to develop appropriate mechanisms to finance such services pursuant to section 125.01(6) (a) and (7) Florida Statutes: directing the Town Clerk to transmit a certified copy of this resolution to the Board of County Commissioners of Palm Beach County, Florida: providing an effective date. This resolution was read in full by Mrs. Roberts. A MOTION was made by Commissioner Sullivan, seconded by Commissioner Walker that this Resolution be adopted as read. Mayor Horton moved that the section concerning the Sheriff's. Division be stricken as we use this Division and cannot claim restitution. MOTION was seconded and passed unanimously. The Commission passed the Resolution unanimously as amended. • Minutes of Meeting • Town of Highland Beach Town Commission Regular Meeting 9/7/82 Page 9 of 11 Items left over from Workshop meeting of August 31 1982 82.42 (b) Rainbow Landscaping came in with the low bid for landscaping the Water Plant. MOTION by Commissioner Basso, seconded by Commissioner Walker to accept the low bid of $7,450 from Rainbow Landscaping. All voted in favor. 82.42 (c) Tl~e interconnection with Boca Raton costs. MOTION by Commissioner Basso, seconded by Commissioner Walker to proceed with the interconnection at a total cost of $6,544.60 (One-half for each municipality). All voted in favor. 82.42 (e) Report from Victor Pujals including the proposal • of 8/20/82 for $6,000 for work at the Water Treatment Plant (lime, sludge, pond, etc.) MOTION by Mayor Horton, seconded by Commissioner Sullivan to approve $6,000 for work at the Water Treatment Plant. All in favor. 82.55 Walle Seawall - Mr. Mike Strock presented a revised plan (including vegetation) as suggested by the Commission last week. MOTION by Commissioner Walker, seconded by Commissioner Sullivan to approve concept. All in favor. A letter of no objection will be sent to DNR so advising. 82.62 Wiercioch Spa. MOTION by Commissioner Walker, seconded by Commissioner Sullivan that the Commission had no objection to the installation of the spa per revised plan for above ground. All voted in favor. A letter will advise the D.N.R. r~ ~J • Minutes of Meeting Town of Highland Beach Town Commission Regular Meeting 9/7/82 Page 10 of 11 82.66 Mr. Digby Bridges explained that he is building a retaining wall, not a seawall for lots 4 and 5 East. It will be regarded as part of the building. A Notice of Appeal from Attorney Daniel H. James was read by Mayor Horton. It was concerning lots 4 and 5 East belonging to Mr. Milani. Attorney James requested the Town Commission to reverse the decision of the Communtiy Appearance Board who denied approval of their plans for this area stating the building was of excessive size and bulk and not in keeping with aesthetics of existing structures of 1 and 2 stories. It was decided that this Appeal will be heard at the Town Commission Special meeting of September 14, 1982 at 1:30 P.M. • 82.67 Maravilla East wall plan. Mike Corey presented drawings showing a revision of the wall as requested. The Town Commission approved the concept of said wall. It will now be brought before the Community Appearance Board. 82.68 The subject of the Boca Hi (RPUC) sales office was discussed. A request for a two year extension of the C.O.had been received some weeks ago. The Town approved a six month extension from September 7, 1982 to March 7, 1983. After some discussion, the Commission decided a letter should be sent stating that the Sales Office be used for new sales only. Resales should not be handled from that office. Sylvester Property - The Town Commission's opinion was that there is no extension of the non-conformity in the plans for an addition to the house. Therefore, there is no problem. The plans will be presented to the Community Appearance Board next. Mrs. Roberts presented the bills for approval. • Minutes of Meeting Town of Highland Beach Regular Meeting Town Commission 9/7/82 Page 11 of 11 MOTION by Commissioner Basso, seconded by Commissioner Walker to approve payment of bills. All voted in favor. MOTION by Commissioner Walker, seconded by Commissioner Basso to adjourn the meeting. All agreed. Meeting adjourned at 5:10 P,M. APPROVED: Loui,~ (Y./Hortf,n, Mayor ~~ sso, Cotptfiiss • ATTEST: Date: /~'~~~`~ 'Z' Edwar J. Su~l~fjCvan, Commissioner Harry Walke 4, Commissioner •