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1982.07.27_TC_Minutes_Speciali. TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission Special and Workshop Meeting July 27, 1982 1:15 P.M. Mayor Horton called the Special Meeting to order at 1:15 P.M. Those in attendance were: Mayor Louis Y. Horton; Vice Mayor Mary Louise G. Bloss~r 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; Francis Hamzik, Building Official and Jane E. Barker, Town Clerk. There were quite a few people in the audience. First item on the Special Meeting agenda was: 1. Wiercioch request for spa Mrs. Roberts announced that Mr. Wiercioch had been in contact with a gentleman from the Department of Natural Resources. It will be thirty days before an answer is received from the DNR • on this matter so it was decided to set this matter aside until that time. 2. Royal Highlands expiration of permit 7-23-82 Attorney James Norman of Teron International, Inc. introduced himself and stated that Attorney Moss had asked him to fill in for him. Attorney Norman then explained about the three major permits that they had to obtain. He went into quite a bit of detail, saying that permits for two buildings were issued in the interim on April 4, 1982, and they felt that April 4, 1982 was now the official date of the permits. He also stated that the work was commenced within a six month period. Much discussion took place with Mr. Hamzik explaining just when all the permits had been issued. Mayor Horton mentioned the fact that there have been interruptions in the building of the seawall with Attorney Norman replying that they have had difficulty in getting materials. Mr. Howard Miller, P.E., stated that he had stopped the work and requested that a heavier hammer be brought in to get the piles down where they should be. L Minutes - Highland Beach Town Commission • Special and Workshop Meeting July 27, 1982 Mayor Horton inquired as to wh expect to hear from Town Attor matter and the consensus was t agenda for the Regular Meeting 3. Massengill-Moore Agreement • Page 2 of 9 n the Town Commission would ey Lou Petzold regarding this at this matter could be on the next week. Attorney Jeffrey Baron addressed the Commission, Mr. Tuthill, Attorney for Massengill-Moore could attendance. He explained that the deal with the had fallen through, however, he did say that the be finished according to the agreement. He also new purchaser would be bound by this agreement. scheduled meeting with the Community Appearance taken place, but if the Town would give them the sure an agreement could be reached with the CAB; being the last item to be completed. Mrs. Leng, CAB, requested that the trees and fence be left more discussion, a saying that not be in new purchasers project would said that any He said that the Board had not go ahead, he was the landscaping Chairperson of the standing. After MOTION was made by Commissioner Basso and seconded by Commissioner Walker to proceed with the building permit with the understanding that the fences and trees now in place remain there. In calling for the vote, the Commission voted four to one in favor of the MOTION, with Commissioner Sullivan voting Nay. Special meeting ADJOURNED at 1:50 P.M. Mayor Horton then called the Workshop Meeting to order, noting that all Commissioners were present. 82.1 Vacancies on Boards Mrs. Roberts said that she had no recommendations from any of the Boards regarding the vacancies. 82.6Q Digby Bridges presentation of "shadow effect" Digby Bridges, Architect, spoke to the Commission and displayed charts showing the "shadow effect" of buildings. He explained how different concepts would continually push buildings back, • r Minutes - Highland Beach • Town Commission Special and Workshop Meeting July 27, 1982 Page 3 of g saying that a builder could go "tall and thin" or "long and low." He said that this system is highly sophisticated and is used widely in England. Mayor Horton thanked Digby and requested any literature that he might have concerning this. Digby Bridges then stated that he had requested a review of the seawall for Mr. Milani and Mayor Horton reminded him that the Town was in the midst of "zoning in progress." Discussion took place with Dr. Orman also speaking. Both gentlemen said they would be willing to go back to the Planning Board with this matter. Commissioner Sullivan said that the Commission should stick to the agenda for the meeting when Mr. Bridges informed him that he had requested to be placed on the agenda regarding this. However, the agenda did not include the item. • After discussion, Mrs. Roberts apologized to Mr. Bridges. This matter will now be placed on the agenda for the August workshop Meeting. 82.8 Gee & Jenson work Mrs. Roberts stated that Gee & Jenson would be in attendance at the joint meeting of the Planning Commission and the Town Commission on Thursday, duly 29, 1982. Mrs. Roberts also said that Gee & Jenson will be completing the Comprehensive Plan shortly. 82.40 Community Appearance Board - Proposed Criteria Discussion took place regarding the CAB's proposed criteria with the question being asked whether other communities have a single board which would cover both Planning and the Community Appearance Board duties. Discussion also covered whether the CAB had a right to enter buildings with Mr. Sliney advising that if reasonable notice was given to the Project Manager, he felt they would be permitted to enter. Discussion also ensued regarding temporary certificates of occupancy. Mrs. Roberts stated that once a • developer receives a temporary C.O., the building can be inhabited. Minutes - Highland Beach • Town Commission Special and Workshop Meeting July 27, 1982 Page 4 of 9 But a final C.O. is not issued until all work is done. Commissioner Basso suggested a $50,000. bond in the penalty clause; Mr. Sliney stated that temporary C.O.'s should be eliminated and Mr. Hamzik said that 80/ of the landscaping had to be completed before a temporary C.O. is issued. 82.42 Water Treatment Plant (a) New Utilities Director Status - Mrs. Roberts advertised for a Utilities Director and received eight applications including Tom Graham's. Mayor Horton will discuss procedures, grade level and fringe benefits with Mrs. Roberts. Recommendations will be forwarded for Town Commission review. (b) Cost estimate for planting trees and shrubs - this information has not yet been received. • (c) Arrangements regarding lime pond - Free removal has been arranged and Boca Raton will be notified so that we will not be in violation. Mrs. Roberts also stated that our net balance in the Water System Improvement Fund is $32,000. 82.49 Status,.of_sewer.rates from Delray-Beach Mayor Horton met with Vice Mayor Malcolm Bird of Delray Beach. He said we would probably be put in the same category as developments who put lines into the Delray system. To date, Mayor Horton has received no official communication from Delray. Mrs. Roberts said we have a contract with Delray for 30 years. The Mayor felt we should look into the legal aspects of this problem and Commissioner Basso was in agreement. Mr. Sliney will be requested to study this after official written communication is received from Delray. 82.50 Status of dual taxation suit Mrs. Roberts attended a meeting two weeks ago. Mr. Kelton has requested Resolutions, Budget 81-82, Financial Statement 80-81, total number of requests handled by the Police Department 80-81, • for preparation of the suit. He would like the Town Commission to pass another Resolution and will give us a model to study. Minutes - Highland Beach • Special and Workshop Meeting Town Commission July 27, 1982 Page 5 of 9 82.53 DOT right-of-way mowing costs Mrs. Roberts has not heard from the Company that mows sub- divisions. She will contact them again to get an estimate. 82.55 Walle seawall Mr. Stevens, the neighbor to the north of the Walle property has no objection to the seawall. However, Mr. Maher and Mr. Schneider, the neighbors to the south, now in New York want to see the plans. Arthur B. Strock, Engineering firm, sent them. by mail last week and we are now waiting to hear their response. 82.56 Coronado regarding finger piers and docks The Planning Commission has the survey and will be holding Public Hearings on this matter. • 82.58 Proposed Ordinances (a) Ordinance to amend Article III, Chapter 2 - Town Code entitled "Town Planning Board." This item was not ready yet for discussion. (b) Amendment to Chapter 23-7 (b) "Signs Permitted and Regulated." The Community Appearance Board will make their recommendation on this Code after their next meeting, and the Town Commission will have sufficient time for study before the First Reading. (c) Amendment to the Satellite TV Antenna Ordinances. The Town Commission will study this Ordinance before the Regular Meeting. (d) Suggested changes to portions of the Code: 2-6, (time of workshop meeting), 21-1(7), and 21-3 re seawalls and an ordinance prohibiting a_y,dogs on beach. Mrs. Roberts said we receive many complaint calls about dogs on the beach. Our present ordinance states that dogs must be on a leash but it is not enforced because we do not have beach patrol. • Minutes - Highland Beach Town Commission • Special and Workshop Meeting July 27, 1982 Page 6 of 9 Delray Beach and Boca Raton also have laws prohibiting dogs on the beach but they are not enforced rigidly. Commissioner Walker felt we should have an ordinance prohibiting dogs to back up our sign on AlA which says "Highland Beach - No Dogs Permitted on the Beach." Mrs. Roberts said an Ordinance will be prepared, including a fine. She also mentioned the Florida State Law lowering fines from $500 to $250 for the Code Enforcement Board and adding an additional member to the Board, making seven members. Mrs. Roberts mentioned the electrical and plumbing codes that were given to the Town Commission saying these are the latest versions. She mentioned a loophole in the Fee Schedule. We have a preliminary and final review. People are saying they only want a final review. Mrs. Roberts said they skirt the preliminary review because it is more expensive. • Commissioner Walker suggested that if they want to say the review is final the first time, the next time we charge them for an amended review. Mrs. Roberts said the entire Chapter on "Seawalls, Bulkheads, Retaining Walls" needs revision. Mayor Horton said perhaps there will be time to study this before the meeting ends. 82.61 AlA flooding between Seagate and Ambassadors Mrs. Roberts received a letter from Mr. Grasper, President of the Association at Seagate on May 5th stating that they felt the mounds in front of Ambassadors had substantially increased the amount of flooding between the two buildings. After receiving his permission, a copy of the letter was given to Mr. Firstenberg, President of the Association at Ambassadors. Mr. Firstenberg and Art Keller did an extensive report on the flooding of AlA, submitted this to Mrs. Roberts and met with her for discussion. The Commission requested a copy of this report. 82.62 Weircioch request for hot tub • This request was postponed for thsrty days. r Minutes - Highland Beach Town Commission • Special and Workshop Meeting July 27, 1982 Page 7 of 9 82.63 Request for Post Office Postage Meter Machine Mrs. Roberts felt the quote was too expensive and since the budget is very tight this year, felt this request should be delayed. Mayor Horton thought perhaps we could rent the machine for the busy season. Doing so would probably save on personnel and waiting time for residents. Mrs. Roberts will look into the matter further. Town Commission Reports The Financial Advisory Board met on July 26, 1982. Mrs. Roberts reported that the Board feels very strongly about the staff receiving a 7/ cost of living increase. Garbage fees, Greening of AlA, Library, etc. were discussed. Mrs. Roberts said the millage rate must be certified by August 7th. The Town Commission decided to hold a Budget Workshop meeting at a future date. • The Department of Transportation has promised to install plastic reflectors at the south end of Town on AlA, Mrs. Roberts reported. Mrs. Roberts said she had asked Fran Hamzik not to issue any building permits without consulting with her first. Now that we have Zoning in Progress and no Moratorium, there has been much confusion. The Town Commission stated it had previously been decided not to issue any building permits. Mrs. Roberts suggested Fran be notified in writing. Mrs. Roberts reported that she had a request that Board Members receive a special license plate. This was tabled. Mrs. Roberts received a letter from Mr. Grant (who represents Mr. Steinhardt) asking for clarification re moratoriums. Mayor Horton said we have Zoning In Progress and therefore are issuing no building permits. After August 3rd, the Town should have an Ordinance which meets the Sanibel requirements. Notices must be posted and public hearings scheduled. Mr. Sliney suggested we study each case individually regarding permits. As each situation arises, it should be taken on a case by case basis. The will of the Commission was to have counsel draw up an ordinance for a Zoning In Progress Appeals Board. Mrs. Roberts will contact • Attorney Petzold. r Minutes - Highland Beach Town Commission Special and Workshop Meeting July 27, 1982 Page 8 of g Mrs. Roberts reported she had written to Florida Power & Light as well as Southern Bell re underground services completion. Copies are on the clipboard. Regarding the dead trees at the Town Center, Mrs. Roberts wrote to Mr. Mangus and he said he would replace them for a fee. The Town Commission suggested counsel look into the original contract and advise them. The Commission received proposals from four auditing firms. Mrs. Roberts was not familiar with any of them except for Nowlen, Stewart, Tedamonson & Holt who we now have. Mayzimo are the auditors for Delray Beach and submitted the lowest bid. Our present firm is more in line with all the others. Mrs. Roberts will get more information concerning Mayzimo and their work in Delray. Peat, Marwick and Mitchell handles the City of Fort Lauderdale and Dania. The Town Commissioners will study all the • proposals. Mrs. Roberts received a Resolution from Coral Springs opposing the rate increase by Florida Power and Light. Mayor Horton said we have a Public Service Commission checking on these things and all agreed. Commissioner Sullivan inquired about Florida Power and Light underground cables. Mrs. Roberts reported they are doing an update study and expect to get cables underground sooner than previously expected. Referring to a letter up the subject of No should be No Smoking they can go outside. office could smoke. other areas. r from Mrs. Roberts, Mayor Horton brought Smoking. Commissioner Basso felt there signs posted. If anyone wants to smoke It was decided that anyone in a private No Smoking signs will be posted in all Minutes -Highland Beach • Town Commission Special and Workshop Meeting July 27, 1982 Page 9 of 9 Chapter 21-1, Seawalls, Bulkheads, Retaining Walls was then discussed. It was decided to check with other municipalities and review this Chapter again at a later date. r. The Meeting adjourned at 4:30 P.M. APPROVED: ~ ~ ~"~"' Louis Orton, Mayor ~~ (~=, l.zr-!'rte ~. ~'. (~ ~ `Lr s/s::.. Ma ,y '~ouise G.~TBlosser, Vice Mayor ~~ ~~ ~ ~ ~~ /~~~ Joh Sasso, C iss'oner `- // /I A C] ATTEST: ~ ~ ~~ Edward Su r ' ~n /,commissioner ~~z Harry Walker, Commissioner C]