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1982.06.01_TC_Minutes_Regular- '' _ TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission Regular Meeting June 1, 1982 1:30 P.M. The Regular Meeting of the Town Commission was called to order by the Mayor at 1:30 P.M. on Tuesday, June 1, 1982. 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. There were several Townspeople in the audience. Pledge of Allegiance Approval of Minutes April 27, 1982 - Workshop Meeting April 29, 1982 - Recessed Workshop Meeting from April 27, 1982 May 4, 1982 - Regular Meeting • MOTION by Commissioner Walker/Vice Mayor Blosser that the minutes be approved as written. All Commissioners voted Aye. Public Requests and Comments Mr. M.H.W. Dent, a Town resident, addressed the Commission on the following items: .Retaining the Del Trail Fire District until 1983 and the sale of water to Boca Raton. Reports - Town Commission (a) Mayor Louis Y. Horton - Mayor Horton spoke of the furniture the Friends of the Library had given to the Town, saying that he felt the $6,000 advanced to the Library by the Town should be overlooked. MOTION by Commissioner Basso/Vice Mayor Blosser that in accepting the furniture and fixtures from the Friends of the Library, the sum of $6,000.00 advanced to them be considered as a donation. All Commissioners' voted Aye. (b) Vice Mayor Mary Louise G. Blosser - No report. (c) Commissioner John J. Basso - No report. Minutes of Highland Beach Regular Meeting • Town Commission June 1, 1982 Page 2 of 15 (d) Commissioner Edward J. Sullivan - Commissioner Sullivan asked Mrs. Roberts regarding the lights in the garage at Breamer Isle and whether any action had been taken as yet. Mrs. Roberts said that action had been started by the Building Official. Commissioner Sullivan then stated that when a group of people in Town took the time to send a letter to the Town Commission, with hundreds of signatures, he felt these letters should be acknowledged. Mayor Horton agreed to do this. Commissioner Sullivan then told of how the majority of the Commission had visited the Sylvester site and talked to Mr. Sylvester, after which an agreement was reached. He felt that the Commission should do this in every case where there is a question and that all site plans should be reviewed by the Commission. He felt that a lot of time could be saved. Mrs. Roberts said that Gee & Jenson, Planning Consultants, advised that the Town Commission should be involved in any project over two units. (e) Commissioner Walker - Commissioner Harry Walker reported that investment earnings for the month of May amounted to $3,248. with a total of $48,950. being received since the beginning of the fiscal year. Reports - Boards and Ag'encies of the Town (a) Board of Adjustment - Mrs. Roberts stated that the-Board of Adjustment had received a resume from Mr. Stephen Doig of the Ambassadors East and the Chairman, Ray Blosser, had recommended that he be appointed by the Town Commission. • MOTION by Commissioner Walker and seconded by Vice Mayor Blosser that Mr. Doig be appointed as Alternate #2 for a one year term - term to end June 1, 1983. All Commissioners voted Aye. Mrs. Roberts further stated that she had been asked to sit in on the next Board of Adjustment meeting on June 28, 1982. (b) Code Enforcement Board - Mayor Horton stated that this Board had recommended that Mr. Robert B. Myers be reappointed as Alternate #1 for a term of one year. Minutes of Highland Beach Regular Meeting • Town Commission June 1, 1982 Page 3 of 15 MOTION by Commissioner Sullivan/Commissioner Walker that Mr. Myers be reappointed as Alternate #1 until June 1983. Mayor Horton said that without objection, so ordered. (c) Community Appearance Board - Mrs. Doris Rome, a member of this Board, reported that the Board had given their approval for the tow away signs at the Holiday Inn and St. Lucy's Church. She further reported that the Board had given their verbal approval for the beach walkover at Ocean Dunes inasmuch as they had lowered the height. She recommended that the Town Commission approve this walkover, to be confirmed by the Community Appearance Board. MOTION by Commissioner Basso/Vice Mayor Blosser that approval be given for the beach walkover at Ocean Dunes. All Commissioners voted Aye. • Mr. Frank Savino reported for the Greening of AlA Committee. He requested a donation from the Town and asked Mayor Horton to mention in the Bulletin that the Committee was seeking donations. Mayor Horton informed Mr. Savino that the Town would soon be working on their budget for the coming fiscal year and asked that the Committee submit an estimate of how much they would need. (d) Financial Advisory Board - This Board will be meeting on Monday, June 14, 1982 at 2:00 P.M. (e) Health Officer - No report. Commissioner Sullivan asked Mrs. Roberts if anything further had been done as far as getting Health Certificates for the employees serving food at the Holiday Inn. Mrs. Roberts informed him that the matter was still being discussed, however, it has not been passed as yet. (f) Housing Board of Adjustment & Appeals - No report. (g) Planning Commission - The Planning Commission had submitted a letter of recommendation for the following • appointments: William J. Wernecke as a Regular Member; Irving S. Saunders as Alternate #1 and Dr. George C. Linn as Alternate #2. Minutes of Highland Beach Regular Meeting • Town Commission June 1, 1982 MOTION by Commissioner Basso that William J. Wernecke be Ruth Wagy's term until July #1, filling Mr. Wernecke's t Linn as Alternate #2 until J Commissioners voted Aye. Page 4 of 15 and seconded by Vice Mayor Blosser appointed as a Regular Member to fill 1983; Irving S. Saunders as Alternate erm until October 1982 and Dr. George C. une 1983 - a one year term. All (h) Police Committee - Mr. Lowell Bluff, Chairman of the Police Committee, reported that Mr. George Schultz had submitted his letter of resignation from this Committee. Mr. Blum further requested that, inasmuch as Mr. Bennett was away, all matters concerning the Police Committee be postponed until August, including the proposed Resolution which has been discussed in the past. This was agreeable with the Town Commission. MOTION by Commissioner Basso/Commissioner Walker that Mr. Schultz's letter of resignation be accepted. Commissioner Sullivan added • "only with regret". All Commissioners voted Aye. Reports - Town Attorney Mr. Sliney reported that Mr. Tuthill and Mr. Clemons, repre- senting Massengill-Moore, were in attendance at this meeting. Discussion took place regarding the proposed agreement with Massengill-Moore, with several suggestions being made. Items discussed were: the penalty clauses; Lots 16 and 17 being c ompleted within one year from the date of signing the agreement; and additional wording being added to the agreement concerning a fine of $100.00 a day being levied if the final C.O. was not received within twelve months from the date of this agreement. MOTION by Commissioner Walker/Commissioner Basso that the agreement as amended be approved. All Commissioners voted Aye. Mr. Sliney also reported that he had been working on the Maravilla project and density bonuses. Commissioner Sullivan inquired as to the Parker East matter and Mr. Sliney said that he felt it would be a matter for the Board of Adjustment. • Minutes of Highland Beach Regular Meeting • Town Commission June 1, 1982 Page 5 of 15 Reports - Town Manager r~ LJ Mrs. Roberts reported on meetings held during the month: the Palm Beach County Municipal League met on May 26th in Lake Worth. Mrs. Roberts and Mayor Horton attended. Mayor Horton did not win the nomination. for the Phil Lewis award but did receive a very nice plaque. The various Boards that Mrs. Roberts met with during the month were: all of the appointed Boards that held meetings; the C.D.C. in Boca; the Greening Committee; the Turtle Watch Group; the Russell & Axon representative regarding a sewage system inspection program for Delray Beach; with the Library Board for their Annual Meeting; with Mr. Meinstein regarding Parker; with the Police Department Staff; and she attended the Library Open House at Maravilla as one of the hostesses. Mrs. Roberts reported that Mr. Richard Raab had presented a check for $506.00 as his matching portion for the tickets the Library Board sold. Mrs. Roberts continued by saying that she had met with the Fire Committee and Mr. Al DeClercq, who said he will have his report finished shortly. She also said that she meets at the Water Treatment Plant on a regular basis. Mrs. Roberts reported on correspondence received: from Mike Walther regarding the Walle seawall - which will be placed on the Workshop Agenda for June 29th; the Coronado dredge and fill application which will also be Workshopped until June 29th. The DNR has found juvenile shrimp in this location which they want preserved so a new proposal has been drawn up, extending the finger piers, by the developer. Mrs. Roberts also stated that the 1982 Legislative Report had been received from the Legislative Delegation; a notice from the Area Planning Board regarding a meeting to be held on Thursday, June 3, 1982, concerning Census Data; correspondence from the Industrial Safety and Health Division; correspondence from our Attorney regarding Time Share banning in Hawaii and anti-trust suits and liability against the Town. • Minutes of Highland Beach • Regular Meeting Town Commission June 1, 1982 page 6 of 15 Correspondence was also received from Senator Harry Johnston regarding the maximum fine the Code Enforcement Board can impose; and a letter from the Postmaster General denying any increase until May 1, 1983. Mayor Horton asked Mrs. Roberts to make a note to write again two months prior to May 1, 1983, again requesting an increase in the remuneration. Mrs. Roberts received a request from Del Trail Fire District to sell them 35 gallons of gas a month in order for them to conduct a training program at Beachwalk and Braemar Isle. There were no objections from the Commission. Regarding the Florida Public Utilities study, Mrs. Roberts reported that this study has been completed and sent to their engineers to be priced, after which time the information will be distributed to the condos. • Mrs. Roberts reported on the fire at Coronado over the weekend. She then said that the Boca Raton police will be patrolling the Intracoastal three times a week and that people should be watching out for this in case witnesses are needed. It was suggested that this be mentioned in the Bulletin. Commissioner Sullivan inquired as to whether the patrols would take place at night as he was concerned about intrusion from the Intracoastal. Mrs. Roberts reported that Joe Hancock, Utilities Director at Boca Raton, will be meeting shortly with her or the Mayor regarding the Water Plant. Mrs. Roberts then reported on the following departments: Building - This department issued a final C.O. for the Tomeski house on Tranquility Drive and a piling permit for 54 units on Lot 88 North. Mrs. Roberts said that Tony and Fran have been inspecting the beach. Commissioner Walker asked about the Moratorium applying to piling permits. Mrs. Roberts explained that these plans had been in since before July 1981, when the first Moratorium Ordinance was passed. • Minutes of Highland Beach Regular Meeting • Town Commission June 1, 1982 Page 7 of 15 Finance and Internal Audit Departments - Mrs. Roberts reported that monies collected included taxes over the amount budgeted by $2,685; Road & Bridge money budgeted for $50,000. and $4,261. has been received. Money received from the Court through April amounts to $1,243 plus $156 for the Police Academy; as a result of the drug bust in May 1978 the Court's discretion has ordered the defendants pay $1,000. to the Town as restitution. Mrs. Roberts further reported that the money received from Southern Bell as a result of renegotiating the franchise amounted to $2,841.31. From the Casuarina project, $21,600. was collected for the water connection fees and $27,000. for sewer connecting fees for a total of $48,600. Word has been received from the Florida League of Cities that the Town's portion of the State Revenue Sharing for the next fiscal year will amount to $42,897, Mrs. Roberts said. • Mrs. Roberts said that the Financial Advisory Board will be discussing the amendments for the 1981-82 budget as well as the recommendations from the Police Committee. The first edition of the proposed budget should be ready in time for the meeting with the Financial Advisory Board. Maintenance - Mrs. Roberts reported that Larry and Ted have worked extra hours to paint the interior of the Town Hall and she paid them $9.00 per hour. Police - The Police monthly report has been issued and there were no questions. Commissioner Walker asked when the Town would start receiving their share of the new sales tax and was informed it would be after October 1st. Mrs. Roberts reported on the C.D.C. meeting this morning. Mrs. Roberts reported on an accident that occurred on May 22nd and that she had called the Town resident inquiring as to her injuries. This resident asked Mrs. Roberts to publicly commend Lt. Cecere and Officer Oehl for their services. Mrs. Roberts told of the Hurricane Seminar on Wednesday, June 9, • 1982 at 2:30 P.M. Minutes of Highland Beach • Regular Meeting Town Commission June 1, 1982 Town Clerk - Nothing to report. Page 8 of 15 Public Utilities and Works - Mrs. Roberts reported that water consumption for the month of May was down from April at 24,000,000 gallons. Mrs. Roberts told of receiving the water plant budget from Hillsboro Beach and that she had requested one from Manalapan. Mrs. Roberts stated that a public hearing will be held by the Planning Commission on Wednesday, June 9th at 9:30 A.M. to get input from the public regarding the goals and objectives of the Comprehensive Plan. On June 23rd, the Planning Commission will hold a Workshop Meeting to review the new materials coming in from Gee & Jenson. Gee &~ Jenson have completed the Comprehensive Land Use Map and Zoning recommendations and the Zoning Map. Discussion then took place regarding a public hearing tentatively scheduled by the Town Commission for June 22nd, regarding density • bonuses, however, Mr. Sliney stated that he had to look into this matter regarding the legal ads involved. He said that these hearings are complicated matters and he wanted to make sure everything was in sequence and done properly. He will get back to the Commission on June 2nd. The Town Clerk was asked to determine deadlines for getting ads to the Sun Sentinel. Mrs. Roberts then reported on the clean-up at the garage and said the arrangements will be made to obtain a bigger dumpster. Proposed Ordinance(s) Proposed Ordinance No. An ordinance of the Town of Highland Beach, Florida, amending Chapter 7 entitled "Buildings", Section 7-21(b), entitled "Condition of Road Signs, Pavement, Premises before Occupancy" (First Reading May 4, 1982) This proposed ordinance was read in full by the Town Clerk. • MOTION by Commissioner Basso/Commissioner Sullivan that this ordinance be adopted as read. In polling the Commission, the vote was as follows: Commissioner Basso - Aye; Commissioner Walker - Aye; Mayor Horton - Aye; Vice Mayor Blosser - Aye and Commissioner Sullivan - Aye. Minutes of Highland Beach Regular Meeting • Town Commission June 1, 1982 Page 10 of 15 Resolution No. 435 - A Resolution of theTown Commission of the Town of Highland Beach, Florida, petition- ing the Board of County Commissioners of Palm Beach County pursuant to Section 126 1 (6) (a) and (7) Florida Statutes (1979), to provide relief from taxes unlawfully levied upon property situate within the Town of Highland Beach to finance services rendered specially for the benefit of the property or residents in unincorporated areas of Palm Beach County by remitting to the Town of Highland Beach the identified cost of such services levied and collected during the 1977-78, 1978-79, 1979-80, 1980-81, and 1981-82 fiscal years, and by financing such services from revenues derived specifically from or on behalf of a municipal service taxing unit, special District, unincorporated area, service area or program area or by any other lawful method, during the 1981-82 fiscal year: and for other purposes. Mayor Horton read this Resolution in full with the corrections • made by Mr. Petzold. MOTION by Commissioner Basso/Commissioner Sullivan that this Resolution be adopted as read with the corrections as suggested. Mrs. Roberts asked whether the word "hand" delivered could be changed to "have" delivered and copies could be mailed Certified Mail to the County Commission. Discussion ensued and a short recess was taken while the matter was researched in the Florida Statutes. Meeting was reconvened at 3:40 P.M. and it was determined that the Resolution should be "hand delivered." Resolution No. 433 - A Resolution of the Town of Highland Beach Florida, opposing Casino Gambling in the State of Florida. This Resolution was read by the Town Clerk. MOTION by Commissioner Basso/Commissioner Sullivan that the Resolution be adopted as read. • Minutes of Highland Beach Regular Meeting Town Commission June 1, 1982 Page 9 of 15 Proposed Ordinance No. - An Emergency Ordinance of the Town of Highland Beach to be designated as the partial building permit moratorium ordinance: Relating to suspension of applications for Building permits for new construc- tion and the issuance thereof: Making Legislative findings of fact: declaring a 60 - day moratorium of applications for and issuance of building permits for new construction: Declaring an emergency: and providing for an immediate effective date. This Emergency Moratorium Ordinance was read in full by Mr. Sliney and Mayor Horton. Mr. Sliney made one correction in this proposed ordinance in Section 4. MOTION made by Commissioner Basso/Vice Mayor Blosser that this ordinance be adopted as read with the corrections as made. 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. 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 Exception, 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 (Prelim- inary Review), Community Appearance Board (Final Review), Community Appearance Board (Amended Review), 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 by title only by the Town Clerk. This constitutes a First Reading. A change was made in the title of this ordinance to include the Community Appearance Board, etc. Mayor Horton announced that this proposed ordinance would come up for final reading and possible adoption at the July 6, 1982 meeting of the Town Commission. Mayor Horton then spoke of the memo from Mr. Petzold regarding the readoption of Resolution No. 432 concerning dual taxation. • Minutes of Highland Beach Regular Meeting • Town Commission June 1, 1982 Page 11 of 15 Commissioner Walker suggested a change in the wording from "is" to "may be" in the third "WHEREAS" and this met with the approval of the MOTIONER and SECONDER. All Commissioners voted in favor of adoption of this Resolution. Resolution No. 434 - A Resolution of the Town of Highland Beach, Florida, expressing its approval of and support for a state-wide task force on voluntarism and urging the State of Florida to establish a Florida task force on private sector initiatives for the purpose of supporting the National task force in coordination of volunteer services: providing for furnishing copies of this Resolution. This Resolution was read by the Town Clerk. Commissioner Sullivan suggested two changes in the sixth "WHEREAS", which were agreeable with everyone. • MOTION by Commissioner Sullivan and seconded by Commissioner Walker that the Resolution be adopted as amended. All Commissioners voted Aye. Mayor Horton then said that he would like to MOVE to RECONSIDER the Resolution adopted which concerned dual taxation. He called attention to the fact that he had misread at two points wherein the fiscal years should have read "81-82", and not "82-83". Inasmuch as Mayor Horton made the MOTION to RECONSIDER, he requested a second. Vice Mayor Blosser seconded this MOTION. All Commissioners voted Aye. MOTION by Commissioner Basso and seconded by Commissioner Sullivan that the original Resolution be adopted in accordance with what was discussed regarding the 81-82 fiscal year in those two places. All Commissioners voted Aye. Items left over from the Workshop Meeting of May 25, 1982 82.7 Police Committee Resolution - Commissioner Basso felt that this matter should be • delayed until the August Workshop Meeting. This was agreeable to the entire Commission. Minutes of Highland Beach Regular Meeting • Town Commission June 1, 1982 Page 12 of 15 82.24 Sylvester Boardwalk - Commissioner Sullivan stated that Mr. Cowan, Landscape Architect for this project, had been requested to design a new set of plans for this boardwalk. Discussion followed. 82.43 Holiday Inn Tow-away Signs - Mrs. Roberts stated that if the Commission would be allowing this type of sign in the future, an amendment should be drawn up for the Sign Code. Mrs. Roberts informed the Commission that there was no need for action on their part regarding the two signs already there because the Community Appearance Board had already approved them. Mrs. Roberf.s will have a proposed ordinance ready for the Workshop Meeting on June 29, 1982. 82.48 Appointment to 208 Committee - Mayor Horton stated that • it would be necessary that a formal appointment of the new representative to the 208 Committee be made. MOTION by Commissioner Sullivan and seconded by Vice Mayor Blosser that Commissioner walker be the new representative to the 208 Committee. All Commissioners voted Aye. 82.24 Sylvester Boardwalk (Cont'd.) Mr. Hamzik, Building Official, said that Mr. Cowan had re-submitted plans for proposed boardwalk at the Sylvester residence and he showed them to the Commission. MOTION by Commissioner Basso/Commissioner Sullivan that the construction permit be granted based upon the drawings the Commission just reviewed. All Commissioners voted Aye. 82.49 Delray Beach propsed increase for sewer rates - Mrs. Roberts stated that she had just written a letter yesterday regarding this matter. It will be on the clipboard. 82.52 Request regarding Parker East - two townhouses conversion - • Mr. Sliney felt that this matter should be referred to the Board of Adjustment. Mr. Larry Meinstein, President of the Minutes of Highland Beach Regular Meeting • Town Commission June 1, 1982 Page 13 of 15 Highland Beach Development Corp. will be so notified and requested to apply for a variance to the Board of Adjustment. Mayor Horton stated that he was still waiting for all the facts in regard to density bonuses/Milani projects/zoning-in- progress issues and until then, a decision could not be reached. Mr. Hamzik will obtain this information, after which the Town Commission can provide Dr. Richard Orman with their decision. Dr. Orman then asked the Commission if the Emergency Moratorium Ordinance which was adopted today was an extension of the old Moratorium, in order that he could report this to Mr. Milani. Mr. Sliney informed him that today's ordinance was basically a renewal of the previous ordinance. Regarding the Raab Request - Security Wall at Maravilla • Mayor Horton reported that he had letters from both Mr. Hamzik and Mr. Raab, Developer of Maravilla, dated May 21, 1982. Mr. Raab felt that he was "grandfathered in" with his request for a 12' wall for his development. Much discussion took place with the entire Commission, Dr. Orman, Mr. Raab, Mr. Sliney and Mr. Hamzik taking part. Dr. Orman stressed the idea of security being of the utmost importance. The matter of when Mr. Raab submitted his application for the wall and when Ordinance No. 398 was adopted was also discussed. After a great length of time and talk, A MOTION was made by Commissioner Sullivan and seconded by Commissioner Basso that Mr. Raab be given approval from standpoint of the Commission to proceed in the normal fashion for a building permit to encompass a wall containing five feet of concrete showing, with the or not, as you wish, plus a slanted barrel the of 18" maximum on top. Vice Mayor Blosser brought up the idea that with a wall as described it would not provide for any air in this development. She asked if the developer should be restricted to the design • as displayed, or should they have leeway and possibly come up with a varied design. Minutes of Highland Beach . Regular Meeting Town Commission June 1, 1982 Page 14 of 15 Mayor Horton said that the MOTION could be AMENDED to state that "a wall no higher than 6'6" in toto with design to be worked out". Both the MOTIONER and SECONDER agreed to this change. This was done on the advice of counsel. Mr. Sliney said that he thought there was substantial doubt on the "grandfathering" issue. All Commissioners voted Aye on the above MOTION. Request for proposed pool at 4101 South Ocean Blvd. Mayor Horton said that he felt this pool would be too far east of the coastal construction line. • MOTION by Vice Mayor Blosser and seconded by Commissioner Sullivan that Mr. Wiercioch's request be denied. All Commissioners voted Aye. Vice Mayor Blosser brought up the subject of the land cleanup in Town. Mrs. Roberts informed Vice Mayor Blosser that this was already in the Code, however, she explained just why it has never been enforced in the past. Mrs. Roberts stated that she would write to the Royal Highlands and the other offenders asking them to clean up their property down to the high water mark. Commissioner Sullivan complimented Mayor Horton on being nominated for the Phil Lewis Statesman Award. Bills for Approval Mrs. Roberts presented the bills for approval. Minutes of Highland Beach Regular Meeting Town Commission June 1, 1982 Page 15 of 15 MOTION by Vice Mayor Blosser/Commissioner Basso that the bills be approved for payment. All Commissioners voted Aye. Meeting ADJOURNED at 5:15 P.M. APPROVED: Lou's Horton, Mayor Maz.V Lquise ~. B osser, Vice Mayor ,~~~>~% asso, Cot~ti~sioner ATTEST: l~i~--C~ Date: ~~ ~9~ ~ ,, Edwar Su~ ivan, Commissioner Harry Wal er, Commissi r •