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1982.07.06_TC_Minutes_Regular~° - TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission Regular Meeting July 6, 1982 1- 30 P M Mayor Horton called the. Regular Meeting to order at 1:30 P.M. Those in attendance were Mayor Louis Y. Horton, 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. Pledge of Allegiance Approval of Minutes May 25, 1982 - Workshop Meeting May 27, 1982 - Recessed Workshop from May 25, 1982 June 1, 1982 - Regular Meeting MOTION by Commissioner Walker/Commissioner Sullivan that the minutes be approved as written. All Commissioners voted Aye. • Public Requests and Comments At the time of preparing the Orman, representing Mr. C.D. In the meantime, this request agenda for this meeting, Dr. Richard Milani, had requested to be heard. was cancelled. Reports - Town Commission (a) Mayor Louis Y. Horton - Mayor Horton reported that the sewage billing from Delray Beach had amounted to $28,160. for the month of May. As a result of correspondence with Delray Beach and attending their City Council Meeting on June 22, 1982, this amount was reduced to $11,645. for the months of May and June. Mayor Horton said that he had not yet met with Delray Beach Vice Mayor Malcolm Byrd, however, just as soon as Vice Mayor Byrd has statistics, he has said he will contact Mayor Horton. Mayor Horton then read a letter from Robert Brown's family wherein they complimented the Town on having such a lovely new Municipal Complex. Another letter that Mayor Horton read for the record, • after having had it translated from German to English, concerned a local resident desiring to be allowed to train his dog on the beach from 6:00 A.M. to 8:00 A.M. and from 7:00 P.M. to 9:00 P.M. ~ 1 Town of Highland Beach Regular Meeting • Town Commission July 6, 1982 Page 2 of 14 Discussion took place regarding this issue, however, inasmuch as there is a Town Ordinance against this, Mayor Horton said that he would answer the letter, denying their request. (b) Vice Mayor Mary Louise G. Blosser - No report. (c) Commissioner John J. Basso - Commissioner Basso stated that he felt the Emergency Moratooium Ordinance should still remain in existence until official word had been handed down regarding moratoriums. Mayor Horton informed Commissioner Basso that Attorney John Randolph had been retained to study this matter and the Town should receive word from him this week. After discussion, Mayor Horton said that Town Counsel had advised that our Moratorium Ordinance was null and void and until word was received from Attorney Randolph, no action would be taken. Mayor Horton further advised that a Special Meeting could be held, to . decide just where the Town stood, prior to the expiration date of the current Moratorium Ordinance. (d) Commissioner Edward J. Sullivan - Commissioner Sullivan reported on the Town Commission's trip to the Water Treatment Plant. Inasmuch as the Treatment Plant was a multi-million dollar project, he felt very strongly that there should be 24-hour coverage there. Mayor Horton stated that the Town hired engineers for their expertise in this field and they have said 24-hour coverage was not necessary. Much discussion took place regarding this subject with Mayor Horton saying that if the Town were going to have a Public Utilities Department, that issue should be settled first and then decide whether full coverage was necessary or not. After much more discussion, Commissioner Sullivan made a MOTION that the Town institute 24-hour a day coverage at the Water Treatment Plant with Commissioner Basso seconding this MOTION. • Town of Highland Beach Regular Meeting • Town Commission July 6, 1982 Page 3 of 14 Discussion continued with the consensus of the Commission being that this would be effective immediately on a temporary basis. In polling the Commission, the vote was as follows: Commissioner Sullivan, Aye; Vice Mayor Blosser - Aye; Mayor Horton - Nay; Commissioner Walker - Aye and Commissioner Basso - Aye. The MOTION passed four to one. (e) Commissioner Harry Walker - Commissioner Walker reported that he had been working with Mrs. Roberts and the Finance Department in anticipating expenses for the coming fiscal year 1982-83. He also informed the Commission that there could be a shortfall of approximately $150,000. this year. Commissioner Walker said that they were waiting for figures from the County Property Appraiser's office in order for the Town to proceed with the FY 1982-83 budget. Commissioner Walker indicated that right now things were "pretty sad" and stated that part of the money received from the new • 5th cent State Sales Tax could be distributed back to the County if municipalities wished not to share in it or the State Revenue Sharing. Discussion took place regarding this matter with the consensus being to invite members of the Palm Beach County Legislative Delegation to the Special Meeting the Town Commission will hold after hearing from Mr. Randolph. Mrs. Roberts will also talk with other City Managers regarding this issue on Friday, July 9, 1982 at their monthly meeting. Commissioner Walker continued with his report by saying that he and Mrs. Roberts had attended a meeting re: "208" with Area Planning Board staff member Jim Fleishman. Reports - Boards and Agencies of the Town (a) Board of Adjustment - Mrs. Roberts reported that she had attended their last meeting on June 28th and covered several issues concerning the Town including the Status of Building (12th revision). (b) Code Enforcement Board - Mrs. Roberts stated that this Board would not be meeting during July. r 1 LJ r Town of Highland Beach Regular Meeting • Town Commi s s ion July 6, 1982 Page 4 of 14 (c) Community Appearance Board - Mrs. Roberts stated that Mrs. Amelie Leng, Chairperson of the CAB, was not in attendance at today's meeting, however, Mr. Guy Galizia was recommended for reappointment to this Board. MOTION by Commissioner Basso/Vice Mayor Blosser that Mr. Galizia be reappointed to this Board for a term of two years as a regular member - term to expire in July 1984. All Commissioners voted Aye. (d) Financial Advisory Board - Commissioner Walker stated that he had nothing further to report. (e) Health Officer - No report. (f) Housing Board of Adjustment & Appeals - This Board will hold their Quarterly Meeting on July 28, 1982 at 10:00 A.M. • (g) Planning Commission - Mrs. Roberts reported that a letter of resignation had been received from Mr. Ben Stephenson, Chairman of the Planning Commission. She also reported that Mr. Claude Nastri's term had expired and it was recommended he be reappointed. Commissioner Walker spoke of experienced Board members being allowed to serve only six years and felt that Mr. Raymond Blosser should be asked to fill the vacancy on the Planning Commission. Mr. Blosser will have served on the Board of Adjustment six years in November 1982 and will be ret~.ring from the Board. It was suggested that this matter be held in abeyance until September. MOTION by Commissioner Sullivan/Commissioner Basso that Mr. Claude Nastri be reappointed to the Planning Commission as a regular member for a term of three years until July 1985. All Commissioners voted Aye. MOTION by Commissioner Sullivan that Mr. Ben Stephenson's letter of resignation be accepted WITH GREAT REGRET. Mayor Horton stated that he felt he would like to SECOND that MOTION and felt that everybody on the Commission would like to SECOND it. Mayor Horton then said that 'with everybody SECONDING the MOTION', so ordered. C: Town of Highland Beach Regular Meeting • Town Commission July 6, 1982 Page 5 of 14 Dr. Gil Weiss, Acting Chairman of the Planning Commission, informed the Commission that the date of their Public Hearing has been changed to July 26, 1982 at 10:00 A.M. for the purpose of discussing moratoriums and site plan approvals - length of time. Reports - Town Attorney Mr. Sliney said that the only thing he had to report was that he had contacted Attorney John Randolph and informed him that he would be happy to be of assistance. Reports - Town Manager Mrs. Roberts stated that the Police Committee or at least one member of that Committee, would try to meet during July with the Financial Advisory Board. Mrs. Roberts reported that the Palm Beach County Municipal League had met in Highland Beach on June 24th when the special speaker • was Bennett Kennedy, Director of Civil De~'ense. Mrs. Roberts said that the Treasure Coast Regional Planning Council would be meeting in Stuart on July 16, 1982. She continued by saying that she had met with the Town's appointed Boards; C.D.C.; the Turtle Group; the Area Planning Board repre- sentatives; a tour of the M.A.P. house on Bel Lido Island and Casa del Lago on Bel Air Drive. She said she also met with Gee & Jenson representatives; Town residents; at the Library regarding the July schedule; Delray Beach City Council and developers. Correspondence she received included a petition from Regency Highlands which was distributed to the Planning Consultants, Planning Commission and the Town Commission and which she read for the record. Mrs. Roberts also received a letter from Mr. Phil Connor of Ocean Terrace South; Senator Chiles; the Department of Health and Rehabilitation; and several letters from State Repre- sentatives and the State Attorney General acknowledging our casino gambling Resolution. Mrs. Roberts reported receiving a letter from a resident on Russell Drive regarding a new street light; correspondence from Mr. Sliney • regarding Coronado and Midland Marine Insurance Company; and from South Florida Water Management District. Town of Highland Beach • Regular Meeting Town Commission July 6, 1982 Page 6 of 14 Mrs. Roberts said she had written thank you letters to Boca Hi, Regency Highland and Seagate of Highland for the use of their docks in case the Boca Raton Patrol Boat would have need for them. She told of writing to the beach cleaning companies cautioning against the disturbance of turtle nests. Mrs. Roberts then spoke of the Del Trail Fire Chief asking if the Town wanted any better service from the Del Trail Fire District due to additional money they will be receiving this year. Mrs. Roberts received suggestions from the Fire Study Committee; the millage be lowered; a larger pumper and additional paramedics. Commissioner Basso asked regarding the snorkel being able to get up the driveway at Parker Highlands. Commissioner Sullivan inquired about the money received from Massengill-Moore and Commissioner Basso spoke of spraying for • mosquitoes. Mrs. Roberts informed the Commission that there was a problem with the doors at the Fire Station. Crawford Door Co. said that the doors could be fixed for $1,055.50. If the doors were replaced, it would cost $3,368. MOTION by Commissioner Sullivan/Commissioner Walker that the metal parts for the doors be replaced at a cost of $1,055.50. All Commissioners voted Aye. Mrs~a Roberts said that she had received a report from Al deClercq, Fire Marshall, however, it contained the fire prevention code only and not the information regarding the study on every building in Town, which she thought it would contain. She will get back with Mr. deClercq on this. Mrs. Roberts reported that she held a Public Hearing on June 29, 1982 at 1:00 P.M. to hear comments and suggestions from the public as to how to spend the Federal Revenue Sharing money in the amount of $12,450.00. She said that Mr. Galizia, Mr. Dent and Vice Mayor Blosser were in attendance. Suggestions were: Library and Greening Committees by the Vice Mayor and Passive Park, • 6' bike path, part for dune buggy for Police Department by Mr. Dent. Town of Highland Beach Regular Meeting • Town Commission July 6, 1982 Page 7 of 14 Mrs. Roberts informed the Commission she had received a letter from Boca Raton saying they would not be interested in entering into an agreement with Highland Beach for fire services. She then informed the Commission that the parent post office for the Highland Beach Substation is now located in West Palm Beach instead of Boca Raton. Mrs. Roberts reported on the Library and said the Library hours for July would be 10:00 A.M. to 1:00 P.M. Mrs. Roberts then reported on the following departments: Building - Mrs. Roberts said that a final C.O. had been issued to the M.A.P. home on Bel Lido Island and a piling permit issued for Beachwalk West. The list of dune overwalks and a map are available for the Commission to study. Mrs. Roberts also said that she had written memos to the Community Appearance Board and the Planning Commission, trying to clear up the confusion about the dune overwalk approvals. Mrs. Roberts said that the Building Department had submitted the 12th Revision of the building status in Town. There is a possi- bility that Mr. Paul Hoffmann might not develop the western portion of his property. If he did develop it, it could be as low as 347 units which is a decrease from 850, which was originally approved and 620 that was later offered by Mr. Hoffmann. Finance and Internal Auditor - Mrs. Roberts said that monies collected in June included $561,311. in tax money which is about $4,500. over what was budgeted; $201 in delinquent taxes and $3,279. from investment earnings on taxes. Mrs. Roberts further reported that $4,303. was received from the Road and Bridge Fund out of a budgeted $50,000; $9,547. from Florida Power and Light Company through April; $2,536. from Southern Bell Telephone Company; $1,307. from the Court through May and $4,900. from investment earnings for June. Mrs. Roberts said that $1,500. was received-from the Sheriff's Department as a result of a drug bust in the south end of Town. She explained that the arrest included $65,000. - $60,000. of that • was marked money given to the Sheriff's Department and the $1,500 was a portion of the $5,000 difference. Town of Highland Beach Regular Meeting Town Commission • July 6, 1982 Page 8 of 14 Mrs. Roberts said that work was proceeding on the 1982-83 budget forecast and proposals had been received from various auditing firms. She advised that auditing firms, when submitting proposals, were now allowed to show the amount of money they would charge for the audit. Previously, they have not been permitted to do this. Maintenance - Mrs. Roberts reported that this department was running smoothly. Police - Mrs. Roberts said that the monthly report had been received for June. She reported that a car had been stolen from the Boca Hi beach house. She said also that Chief Jones had requested that pictures be taken of the Municipal facilities and kept in a safe place in case of a hurricane. The Chief has also distributed a list of hurricane shelters to apartment buildings. Town Clerk - Mrs. Roberts reported that the preparing Financial Disclosure • to the Town officials and Board Members. T] an Area Planning Board meeting in West Palm figures and an Election Law Seminar in Fort Town Clerk has been Forms for distribution ze Town Clerk attended Beach regarding census Lauderdale. Public Utilities and Works - Mrs. Roberts reported that the water consumption for June was 23,715,000 gallons. She also said she had received copies of the water plant budget from Hillsboro Beach and Manalapan. She spoke of the problem with a pump at Lift Station No.l. Mrs. Roberts also informed the Commission that Gee & Jenson had submitted packages containing reduced copies of the existing land use map,. the future proposed land use map and the proposed zoning map. Mayor Horton asked Mrs. Roberts about the inter-connection with Boca Raton and she informed him about the meeting she had with Joe Hancock, Boca Raton Director of Utilities, last Friday morning. Mr. Hancock will be submitting a cost estimate for this project very shortly. Mr. M.H.W. Dent, a Town resident, spoke about Del Trail building a new fire station. • Town of Highland Beach Regular Meeting • Town Commission July 6, 1982 Page 9 of 14 Proposed Ordinance(s) (a) Proposed Ordinance No. - An Ordinance of the Town of Highland Beach, Florida, amending Ordinance 432, providing a fee schedule for the following applications to the Town of Highland Beach: Rezoning, Change to the Zoning Ordinance, Special Exeption, Variance, Appeal to Board of Adjustment, Nonconforming Use Permit, Special Permit, Site Plan Review (Preliminary), Site Plan Review (Final Development Plans), Site Plan Review (Amended Plans), Community Appearance Board (Preliminary Review), Community Appearance Board (Final Review), Community Appearance Board (Amended Review), Subdivision Plan Review (Preliminary), Subdivision Plan Review (Final), Plat Review (New Plat), Plat Review (Amendment of Existing Plat), and applications not specifically set forth. This proposed ordinance was read in full by the Town Clerk. Commissioner Basso inquired as to whether this proposed ordinance was comparable with Delray Beach and was informed by Mrs. Roberts • that Delray Beach does not even have a fee schedule. She said that Highland Beach was way ahead of some other municipalities. MOTION by Vice Mayor Blosser and seconded by Commissioner Basso that the ordinance be adopted as read. In polling the Commission, the vote was as follows: Commissioner Sullivan - Aye; Vice Mayor Blosser - Aye; Mayor Horton - Aye; Commissioner Walker - Aye; and Commissioner Basso - Aye. (d) 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." Mayor Horton read this ordinance by title only. Mr. Sliney suggested adding the words "to provide for inspection and maintenance." Discussion took place regarding inspection of antennas; liability for the inspection, maintenance and repairs to be made within 60 days. More discussion ensued and the First Reading of the Ordinance was . tabled until August 3, 1982. Town of Highland Beach Regular Meeting Town Commission July 6, 1982 Page 10 of 14 (c) Proposed Ordinance No. - An Ordinance of the Town of Highland Beach, Florida amending Chapter 23-7 (b) of the Code of Ordinances, entitled "Signs Permitted and Regulated." Mayor Horton read this proposed ordinance by title only, stating that this constituted a First Reading. Discussion took place about this proposed ordinance with the consensus being to postpone this proposed ordinance until a later date. The First Reading was thus rescinded. Mrs. Roberts will have this ready for the Workshop Meeting on July 27, 1982. (b) Ordinance to amend Article III, Chapter 2 - Town Code entitled "Town Planning Board." Mrs. Roberts .informed the Commission that this matter was still being worked on. • Commissioner Sullivan then asked Dr. Gil Weiss if a joint meeting had been set up between the Planning Board and the Community Appearance Board concerning the criteria of the CAB. Dr. Weiss informed Commissioner Sullivan that one has not been set up yet. Items left over from the Worksho Meetin of June 29 1982 82 42 Water Treatment Plant Study - Mrs. Roberts told of the proposal for the maintenance contract for the two emergency generators at a cost of $840.00 each. MOTION by Commissioner Walker/Vice Mayor Blosser that the proposal of $840.00 for each emergency generator be accepted. All Commissioners voted Aye. Mrs. Roberts then told of the proposal for painting the elevated water tower at a cost of $1,300. MOTION by Commissioner Basso/Commissioner Sullivan that the above expenditure be approved. All Commissioners voted Aye. 82 44 Florida Public Utilities Study - Mrs. Roberts introduced • Mr. Luther Fletcher and Mr. Lester Munn, representatives of Florida Public Utilities. Town of Highland Beach • Regular Meeting Town Commission July 6, 1982 Page 11 of 14 Mr. Fletcher addressed the Commission regarding an extension of its natural gas lines for two miles through Town at a cost of $172,670. This would be a matter between the interested condominiums in Town and the Florida Public Utilities Company. Mr. Fletcher further advised that they were obligated to serve these condominums under certain conditions as set down by the Public Service Commission. Several questions were asked of Mr. Fletcher which he answered most willingly. Mrs. Roberts informed Mr. Fletcher that the managers of condominiums and presidents of their .associations would like to meet with him and would he please let her know when this could be arranged. 82.52 Parker East Request Mayor Horton stated that the. Town Commission had received the letter from Mr. Meinstein, President of Highland Beach Property. • Corporation correcting the original information. Discussion took place among the Commission and Mr. Sliney, with Mr. Sliney saying that he felt Mr. Meinstein was entitled legally to the extra unit after the new survey was received. MOTION by Commissioner Sullivan to take note of the information from Highland Beach Property Corporation in the letter of June 30, with the attachment of June 29, which lists a proper density of 27 units on this property. Commissioner Basso seconded this MOTION. All Commissioners voted Aye. 82.55 Regarding Walle seawall - Mrs. Roberts said she made some phone calls to the Walle neighbors concerning this proposed Seawall but was unsuccessful in reaching them. She said she would try to contact them again. Mr. Mike Walther from Arthur Strock & Associates could not be in attendance at today's meeting. This matter will be placed on the agenda for the Workshop Meeting of July 27, 1982. Mayor Horton said that possibly this could be handled at the Special Meeting the Town Commission will be holding. 82.56 Coronado regarding dredge and fill/dock • Mrs. Roberts referred to notations regarding exact dimensions of the piers and the view from Seagate which are of utmost importance Town of Highland Beach Regular Meeting • Town Commission July 6, 1982 Page 12 of 14 in this matter. Discussion took place regarding the fact that the piers were permitted rather than filling in the land, which was originally granted in 1973 or 1974. A survey on file indicates the Intracoastal right-of-way line. Mr. Sliney felt that the Town would have to get a reading from the Army Corps of Engineers. Commissioner Sullivan said that the Town Commission should make an on-site inspection. Mrs. Roberts said that she would obtain an updated survey of this property and the matter would be placed on the agenda for the Workshop Meeting of July 27, 1982. 82.59 Status of Royal Highlands - Mrs. .Roberts reported no infor- mation on file except the letter saying that the Building permit would expire on July 23, 1982. Mr. Sliney informed the Commission that there is a time limit • when a project has to be finished. Mayor Horton said that this matter could be added to the agenda for the Special Meeting. Mayor Horton spoke then of honorariums for the Fire Study Committee. He said that these members had attended eight meetings and Mrs. Roberts said the total amount would be $480.00 ($160 - each member). MOTION by Commissioner Basso and seconded by Commissioner Sullivan that the Fire Study members be accorded an honorarium covering the eight meetings that they have held. All Commissioners voted Aye. The issue of the budget for the Library will be postponed until figures are received from the County. The item of the Florida Municipal Health Fund was discussed at the last Workshop Meeting and a MOTION was made by Vice Mayor Blosser/Commissioner walker that Mayor Horton have the authority to sign the agreement as submitted with the June 18, 1982 letter from Florida Municipal Health Trust Fund. The Commissioners voted Aye. Mayor Horton said that there was a storm drain/catch basin needed • on Bel Air Drive, which Earl Harvel will install for $3,200. Town of Highland Beach Regular Meeting • Town Commission July 6, 1982 Page 13 of 14 MOTION by Commissioner Basso/Vice Mayor Blosser that Earl Harvel install the storm drain/catch basin on Bel Air Drive for the sum of $3,200. All Commissioners voted Aye. Mayor Horton said that the low bid of $550. was received for the hauling away of trash from behind the municipal buildings. MOTION by Commissioner Basso/Commissioner Sullivan that the low bid of $550. be accepted for hauling the trash away from behind the Town buildings. All Commissioners voted Aye. Mrs. Roberts felt that the gauge for the ground storage tank diould be approved up to an amount of $1,000. MOTION by Commissioner Sullivan/Commissioner Walker that this sum be approved for the gauge for the ground storage tank. All Commissioners voted Aye. • Next item discussed was the monthly service recommended by Tom Graham for the Water Plant in the amount of $276.00 per month. It was decided that contracts would coincide with fiscal years. MOTION by Commissioner Basso/Commissioner Sullivan that the amount of $276.00 per month be approved for the service contract. All Commissioners voted Aye. Commissioner Walker discussed the budget requests for the fiscal year 1982/83 and said the reason for this was to give Mrs. Roberts something to work with. Commissioner Walker gave the list of requests submitted to the Town Commission from the Financial Advisory Board. Commissioner Walker recommended that Mrs. Roberts proceed with the 7/ Cost of Living increase, as well as the over- maximum increase. He stressed the fact that the overmaximum increase is not mandatory nor automatic. Discussion then took place regarding the Public Officials' Liability Policy with Mr. Sliney talking about the exclusions and explaining "inverse condemnation." Commissioner Walker stated that he would be content to rest on Resolution No. 407 which holds Public Officials harmless against any liability. Discussion took place concerning the Town Commission acting in "good faith." ~ , Town of Highland Beach Regular Meeting Town Commission July 6, 1982 Page 14 of 14 Mr. Dent asked regarding the people who wanted to train their dog on the beach. Dr. Gil Weiss announced that the Legislature passed the health laws regarding certification of food and restaurant workers. Bills for Approval Mrs. Roberts presented the bills for approval. r1 MOTION by Commissioner BassofCommissioner Sullivan that the bills be approved for payment. All Commissioners voted Aye. Mayor Horton talked about the new light posts along the south driveway which are very close to the road. He suggested that Mike Coppola could paint yellow and black stripes on the west side of the lights which would serve as a protection from exiting cars. Meeting ADJOURNED at 4:30 P.M. APPROVED: Louis Y Horton, Mayor Mary ybZiiise 1 sser, Vice Mayor r tf ~ '/y/-~: ,,d'oh UBas ommissioner re .( i/I~ /,(•~ Erdw,~rd J.LS7~livan, Commissioner Harry ~+lalker, Commissioner ATTEST: ~-J _ Date: ~~ ~~~'~ •