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1978.12.05_TC_Minutes_Regular • TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission Regular Meeting December 5, 1978 1:30 P.M. Mayor Horton called the Regular Meeting of the Town Commission to order at 1:30 P.M. Those in attendance were: Mayor Horton, Vice Mayor Mumford, Commissioners Bauer, Genovese and Storm. Also in attendance were: Mrs. Elaine W. Roberts, Town Manager, Police Chief Kenneth Jones, Town Attorney Thomas E. Sliney and Jane E. Barker, Town Clerk. Pledge of Allegiance Approval of Minu_t_es_, as written October 31 , 1978 - Workshop Meeting November 3, - Special Meeting November 8, - Regular Meeting November 16, - Special Meeting Continuance November 28, - Special Meeting • MOTION by Vice Mayor Mumford/Commissioner Bauer that the minutes be approved as written. The Commission vote unanimously to approve the minutes. Public Requests and Comments Mr. Dent, a Town resident, addressed the Commission regarding RPUD changes. Reports - Town Commission (a) Mayor Louis Y. Horton - Mayor Horton read for the record a letter from Mr. William Atkinson dated November 30, 1978 resigning as Chairman and member of the Community Appearance Board as of November 30, 1978. MOTION by Commissioner Storm/Vice Mayor Mumford that this resignation be accepted. All Commissioners voted in favor of accepting this resignation. Mayor Horton then read a letter dated November 30, 1978 from • Adele Allen resigning as Secretary of the Planning Commission effective December 7, 1978. r Minutes Highland Beach Town Commission • Regular Meeting December 5, 1978 Page 2 of 9 MOTION by Vice Mayor Mumford and seconded by Commissioner Bauer that this resignation be accepted. All Commissioners voted to accept this resignation. Mayor Horton then read a letter from Mr. Conte, a resident in Town, commending the Police Department, and Sgt. Cecere especially, for their prompt and efficient manner in which the vandalism at their home was handled. Mayor Horton requested Mrs. Roberts to place a copy of this letter in Sgt. Cecere's personnel folder and also in Officer Maher's personnel folder. Mayor Horton then stated that he had distributed a letter which Mr. Sliney had drawn up and sent to Attorney Faust on December 4. Mr. Faust, Attorney for Mr. Urbanek, stated inasmuch as Mr. Urbanek was not in attendance as yet, could this matter be de- ferred until later. This was agreeable to all. (b) Vice Mayor Ruth E. Mumford - No report. • (c ). Commissioner Bauer - No report. (d) Commissioner Genovese - Commissioner Genovese noted that the Workshop Meeting for December would normally be December 26, the day after Christmas, and the Regular Meeting for January would be January 2nd. He suggested that these two meetings be delayed one day. Mayor Horton inquired whether Commissioner Genovese would put this into the form of a motion. MOTION by Commissioner Genovese and seconded by Commissioner Bauer that the Workshop Meeting be held on Wednesday, December 27, 1978, and the Regular Meeting be held on Wednesday, January 3, 1979. The vote was unanimous. (e) Commissioner Harold C. Storm - Commissioner Storm has met with the Finance Director and the Town Manager to go over the insurance needs for the Town. Bids will be solicited for all of the Town's policies. Reports of Boards and Aciencies of the Town (a) Board of Adjustment - Mrs. Roberts reported that the Board • of Adjustment had met last night (December 4) in a Public Hearing on the DeJoseph matter. The decision was for approval. I , Minutes Highland Beach Town Commission • Regular Meeting December 5, 1978 Page 3 of 9 (b) Community Appearance Board - Mrs. Roberts stated that this Board's regular meeting date had been changed from December 28 to Monday, December 18, 1978. They did meet on November 30, 1978. (c) Housing Board of Adjustment and Appeals - This Board will meet on December 13 at 10:15 A.M. (d) Planning Commission - Mrs. Roberts stated that this Board was also meeting on December 13th at 7:30 P.M. (e) Police Committee - This Committee is non-functioning at this time. Resolutions Mayor Horton stated that discussion has taken place regarding the Police Committee for the past several months. This Committee was appointed during the department's formative years and has • now served its purpose. Inasmuch as it formed by a Resolution, it is necessary to disband the Committee by a Resolution. Resolution No. 366, Rescinding Resolution No. 291, which estab- lished a Police Committee, was read in its entirety by the Town Clerk. MOTION by Vice Mayor Mumford/Commissioner Bauer that this Resolution be adopted. In polling the Commission, the vote was four to one, with Commissioner Storm voting nay. Resolution No. 367, Appointing Francis Hamzik as Building Official of the Town, was read in its entirety by the Town Clerk. MOTION by Commissioner Storm/Vice Mayor Mumford to adopt this Resolution. By voice vote, the Resolution was adopted unanimously. Mayor Horton then announced that since Mr. Urbanek was still not here and that Mr. Rodgers of Boca Hi was waiting for some members of his group to arrive, Mrs. Roberts should proceed with her reports. Reports - Town Manager Mrs. Roberts reported that the Palm Beach County Municipal League Minutes Highland Beach Town Commission • Regular Meeting December 5, 1978 Page 4 of 9 met on November 10th in the Boynton Beach City Hall. Attorney Herb Gildan spoke on the new special taxing district law that is part of the State Statutes. Mrs. Roberts reported that five or six apartment buildings in Town were represented at the meeting which is normally held in Belle Glade. Mrs. Roberts made reser- vations for ten people. The Treasure Coast Regional Planning Council Thursday, December 14th at 10:00 A.M. in Ft. tation has been received from the Townhouses to a wine and cheese tasting party on Sunday promoted by the Cystic Fibrosis Association, groundbreaking. will be meeting on Pierce. An invi- of Highland Beach December 10th, to accompany a Mrs. Roberts stated that the proposed County Land Use Plan, on which she had requested instructions from the Commission as to how to vote, has been delayed until some time in March. Mrs. Roberts stated that she receives an Administrative Weekly • sent from the Secretary of State's office in Tallahassee. The current issue listed the Department of Natural Resources rule setting up a Palm Beach County Coastal Construction Control Line. Revisions to the maps in the Commission Chambers have been received and Mrs. Roberts urged the Commissioners to look at them. A Public Hearing will be held in Tallahassee on December 19th and written comments will be accepted. Mayor Horton requested that this notice be placed on the Bulletin Board. Vice Mayor Mumford stated that she had talked with Mr. Bill Carlton, Bureau of Beaches and Shores, who stated that the Town's setback line would take precedent over the State inasmuch as the individual municipalities would know their beach front better than any one else. Mrs. Roberts stated that Mr. Taylor, the local representative of the Bureau of Natural Resources, has been meeting with Mr. Hamzik and permission has been given to use rock formation in order to help the residents protect their beaches from further erosion. Mrs. Roberts reported that the South Florida Water Management District sent a memo stating that they were going to take steps • in an effort to protect the quality of water entering Lake Okeechobee. A conference has been set for January 25-27 in the West Palm Beach area. Minutes Highland Beach Town Commission • Regular Meeting December 5, 1978 Page 5 of 9 At this point, Mr. Urbanek entered the meeting and Mayor Horton brought the Commission up to date re: his and Mr. Urbanek's discussions. He read the letter of December 4th from Mr. Sliney to Mr. Faust and then read the Final Judgment, for-the record. Discussion took place regarding the Fire Codes, appearing before the Community Appearance Board, how this Final Judgement will be settled by the Court, and in a settlement like this, how every- body has to "give" a little. MOTION by Commissioner Genovese and seconded by Commissioner Bauer that the Final Judgement, with the change in Section 4(b), be adopted as read. In polling the Commission, the vote was four to one in favor of adopting, with Commissioner Storm voting nay. Attorney Sliney then requested a companion Resolution to the effect that respective counsels are authorized to enter into a stipulation to file the Final Judgment with the Court. • MOTION by Commissioner Genovese/Commissioner Bauer that Mayor Horton appoint Attorney Sliney to finalize this settlement. The MOTION was carried four to one with Commissioner Storm voting nay. Mayor Horton then announced that he had received a proposed Unity of Title from Attorney Sliney. Mr. Faust, Attorney for Mr. Urbanek, stated that two ideas had to be brought into this Unity of Title; one, the conveyance of individual apartment units located on this land would not constitute any violation under Paragraph 2 and second, in the event that the improvements on this property would be destroyed or ninety-eight years have come to pass, whichever comes first, then the Unity of Title will terminate. Attorney Sliney and Attorney Faust will work together on this as it is necessary that the Unity of Title and stipulation be filed together. Mayor Horton then read the Declaration of Unity of Title for the record. MOTION by Commissioner Bauer/Vice Mayor Mumford that counsel be instructed to proceed with the filing of the Unity of Title with the changes that have been discussed. In polling the Commission, • the vote was unanimous. I Minutes Highland Beach Town Commission • Regular Meeting December 5, 1978 /~ / v Page 6 of 9 Mr. Faust thanked the Commission for the courtesy that had been extended to them throughout this matter. Braemer Isle - Boca Hi RPUD This matter had been discussed at the Workshop Meeting on November 28, 1978 and Mayor Horton had requested Mr. Sliney to look into the issue. Mr. Sliney advised that when Ordinance No. 336 was adopted, a new section (Section 8.9) concerning RPUD's was included. He stated that Sub-Section 3 is the con- trolling section in this case. When a change in concept is being made, Town Commission approval is needed, as well as a new Ordinance, with a list of changes being attached to the Ordinance. Mr. Rodgers, of Boca Hi, responded to Mr. Sliney's statements and prolonged discussion took place with all the Commissioners taking part. • MOTION by Commissioner Genovese that the revised Boca Hi plan be denied, which died for lack of a second. After listening to Attorney Sliney, Commissioner Bauer seconded the MOTION. Attorney Sliney then elaborated on his remarks, stating that, in his opinion, a Public Hearing (two Public Hearings, if necessary) should be held. Commissioners Genovese and Bauer then requested that their MOTION and second be struck from the record. More discussion took place and Mayor Horton requested advice from Town Counsel. Attorney Sliney is going to look into this, and get back to the Commission. Continuation of Town Manag'er's Reports Mrs. Roberts reported that she had correspondence from the University of Florida concerning the improvement of population estimates. Mrs. Roberts further reported that she has been attending the "208" meetings. She stated that as soon as costs have been determined, she will advise the Commission. Mrs. Roberts then reported that two different Public Relation • firms, working on two different projects in Town, have told her that they are very proud to be working for the Town due to the Minutes Highland Beach Town Commission • Regular Meeting December 5, 1978 low density and the high number Another bit of information they Citibank, who is loaning money is charging 12 Z/ for mortgages ~_/~ Page 7 of 9 of single family residences. gave Mrs. Roberts was that to several projects in Town, and 14/ for construction loans. Mrs. Roberts reported on Town Departments: Building Department has been extremely busy. She also announced that Kay Christensen will be leaving inasmuch as her husband is being transferred to Atlanta, Georgia. Certificates of Occupancy have been issued for a four-plex, two tri-plexes and a single family residence. New construc- tion is going on at Boca Hi, Dr. Murphy, Squitire, Brahler, V. Johnson and Masciarella. Finance Department Money has been received for the Road and Bridge Fund in the • amount of $1,152.00 for this fiscal year, and taxes in the amount of $16,248.00. The Audit work is proceeding and possibly by the third week in the month there will be a preliminary review. She further stated that a revised figure had been received from the Property Appraiser's Office for the assessed valuation - the first figure re- ceived was $98,624,000. and the revised figure is $97,228,000. Health Department Mrs. Roberts reported that there are more diseased trees in Town; she is applying to the Community Block Grant Development Program for funds for the emergency medical equipment; she has contacted Mr. Whitaker, who does the lot mowing in the sub- division, to see if he could trim along the bike path at the south end of Town and near the sewage treatment plant. Mrs. Roberts further stated that the Boy Scouts had cleaned the beach the previous Saturday, December 2, 1978. Maintenance Department Alvin Williams has been hired to help Michael Coppola, Mrs. • Roberts said, and she has also received more requests to clean the beach. Minutes Highland Beach Town Commission • Regular Meeting December 5, 1978 Page 8 of 9 Police Department Mrs. Roberts informed the Commission that Officer Blonder has resigned and the Chief has been advertising for another officer. The Monthly Report has been distributed to the members of the Commission. Mrs. Roberts requested that the resignation of Officer Blonder be formally accepted. MOTION by Vice Mayor Mumford/Commissioner Storm that Officer Blonder's resignation be accepted. All members of the Commission voted Aye. Mrs. Roberts then notified the Commission that she and Commissioner Genovese had attended the C.D.C. Meeting that morning in Delray Beach City Hall. Town Clerk Mrs. Roberts stated that Helen Carpenter had cataloged all of the prior Town Commission Meeting tapes, making additional • room in the files. The tax records on microfiche were re- ceived today - these are about the size of an index card and three of these contain the records for the whole Town. Public Utilities and Works Mrs. Roberts stated that a copy of the Aquifer Performance Test Report had been received last Friday - a completed task by the Engineers which the Town Commission had requested that they do. A copy of this report was sent to Dr. Gleason at the Water Management District. Mrs. Roberts further stated that the Engineers have suggested taking weekly measurements in the wells and these, too, are being sent to Dr. Gleason. Copies of status reports on every project that the Engineers have been involved in were received last week. The correct filter sweep was installed today. Work is going on and the lime feed is progressing nicely - they hope to be finished by December 23rd. Water consumption is up for November - treated water for November was 21,638,000 - for October - 19,877,000 gallons. She further stated that she, Carl Howard and Mr. Levine will • be meeting with Edwards Electric soon regarding the sewer facility monitor system. ~ ~ ~ Minutes Highland Beach ~ _ Town Commission ~---~ • Regular Meting December 5, 1978 Page 9 of 9 The new Zoning Supplements should be arriving this month, Mrs. Roberts said. Unfinished Business Dr. Hughes from Aberdeen Arms stated that several residents in his building liked the new plans for Boca Hi. Mrs. Blankenship, a Town resident, asked what the latest ordinance was on parking vans. Mayor Horton explained that the Chief had release forms for people to sign if they wished to park vans behind the Town Hall overnight. Mr. Bower of Boca Hi asked that the Commission speed up their decision on Boca Hi, stating that the plans were good, and the residents of Aberdeen Arms would like to see the project finished. Mrs. Jackie Becker, a resident in Town and also a member of the Community Appearance Board, addressed the Commission regarding Boca Hi and also Mr. Urbanek's plans. • Mr. Dent, a resident of the Town, addressed the Mayor and the Commission re: Boca Hi. New Business - None Bills for Approval - None Meeting ADJOURNED at 4:10 P.M. ~.. ,_ Louis ~Y. `Horton, Mayor '~'~ ~ ,, Ruth E. Mumford, ice Mayor Harry Ba Commissioner Peter Genove e, Commissioner ATTEST: - ~yc--~--~ '~`= t2~~ • ,' own Clerk Harold C. orm, Commissioner Date: December 18, 1978