1994.04.05_TC_Minutes_Regular~ , ~.
TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
REGULAR MEETING
Tuesday, April 05, 1994 1:30 P M.
The Regular Meeting of the Town Commission of the Town of Highland
Beach, Florida, was called to order at 1:30 P.M. in Commission
Chambers at Town Hall by Mayor Arlin Voress. Others in attendance
were Vice Mayor Bill Paul and Commissioners John F. Rand and David
Augenstein. Commissioner Arthur Eypel was absent.
Also present were Town Manager Mary Ann Mariano, Deputy Town Clerk
Doris Trinley and members of the general public. Town Attorney
Thomas E. Sliney had previously advised that he would arrive later.
Following roll call, the Pledge of Allegiance was given.
ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA
Upon MOTION by COMMISSIONER RAND/COMMISSIONER AUGENSTEIN, the agenda
as written was unanimously accepted for approval.
APPROVAL OF MINUTES
The following sets of Minutes were unanimously approved upon MOTION by
COMMISSIONER RAND/COMMISSIONER AUGENSTEIN:
February 22, 1994 - Workshop Meeting
March O1, 1994 - Regular Meeting
March 14, 1994 - Public Hearing/Special Meeting
PUBLIC COMMENTS AND REQUESTS
Leonard Bell of 2727 S. Ocean Boulevard (Villa Magna Condominium) ad-
dressed the Commission regarding the Holiday Inn's application for in-
stallation of a satellite dish on the north side of their property,
which is adjacent to the Villa Magna. Mr. Bell stated his concerns
that the measurements presented in the plans were accurate, and that
the dish would be unsightly as viewed from the beach. He explained
that at his request the Planning Board had tabled a decision on the
application until their April 13 meeting, at which time it will again
be an agenda item. In light of these concerns, Mr. Bell requested the
Commission's attendance at the April 13 Planning Board meeting so the
members could be aware of the discussions to take place.
REPORTS - TOWN COMMISSION
Vice Mayor Bill Paul advised the Coronado Condominium had recently in-
. stalled a 'speed bump' just before the 'Stop' sign on their exit road
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Town Commission
Regular Meeting - Minutes
• Aril 05, 1994 Page 2 of 5
in an effort to encourage a safe approach to AlA. Relating this con-
cept of safety to Town streets located off AlA (Russell Dr., Bel Air
Dr., Highland Beach Dr. and Bel Lido Dr.), the Vice Mayor asked that
consideration be given to 'striping' these streets just before the
'Stop' signs to remind motorists that a full stop is ahead. He noted
that many motorists are well into the bike path before they stop in
their approach to AlA and felt that the 'striping' would ensure a
greater measure of safety. Agreeing the idea was a good one, the
Commission asked the Vice Mayor to work with the Town to implement the
plan.
Commissioner John F. Rand reported that a video depicting ways in
which people can become victims of various kinds of Medicare fraud,
which he had hoped to secure for broadcast on Government Channel 12,
was unavailable until further notice due to distribution problems
experienced by the producers.
Regarding the 3$ valuation assessment cap, which did not include an
implementation date at the time it received a favorable referendum
vote, Commissioner Rand reminded residents that this will finally go
into effect in 1995 and, therefore, a "last ditch effort" could pos-
sibly be made by the County this coming summer, when re-evaluations
take place, to heavily increase same. He urged residents to be pre-
• pared to take opposition to such action should it occur.
Commissioner David Augenstein had no report.
Mayor Arlin Voress refered to the Town's annual paticipation in the
March of Dimes Walk-a-Thon, which will take place Saturday, April 9,
with registration starting at 8:30 A.M. The Walk will start at
9:30 A.M. and will be followed by a picnic lunch. He encouraged all
residents to take part in this worthy cause.
Noting the next phase of recycling was now in effect, and "blue" bins
had been distributed, the Mayor also reminded residents that Thursday,
April 14, will be the last day this "season" that recyclables will be
picked up on Thursday, as well as Monday; after that date, the
schedule will revert to recyclables being picked up on Monday only
until the start of next season.
Regarding the upcoming hurricane season (June through November), Mayor
Voress advised a preparedness session will be presented on May 5 at
1:00 P.M. in Commission Chambers and urged all residents to attend.
He also noted that the Town Manager, in conjunction with others, was
in the process of preparing new comprehensive hurricane preparedness
plans for the Town and its residents, which will be distributed when
completed.
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Regular Meeting - Minutes
April 05, 1994 Page 3 of 5
Completing his report, the Mayor advised that a permit for Intra-
coastal Waterway piping had been received from the Army Corps of
Engineers; the permit is valid until 1999.
At this time, Mayor Voress again noted Town Attorney Thomas E. Sliney
had advised he would be delayed; however, in the interest of time, it
was agreed to proceed with the agenda awaiting his arrival, before ad-
dressing the proposed ordinance repealing Section 6.4(f) of Chapter 30
(Zoning).
TOWN MANAGER'S REPORT
Town Manager Mary Ann Mariano commented on recent State legislative
action, noting the Presumptive Job Related Disability Bill had been
passed by the House Appropriations Committee by a vote of 22-8. In
essence, she advised, this amounts to an unfunded mandate, which will
be costly to municipalities regarding workers compensation and related
matters. Ms. Mariano also reported the Private Property Rights Bill
relating to devaluation of property by government actions (zoning) was
not likely to make it out of committee for this legislative session.
Questioned about the Presumptive Job Related Disability Bill, the Town
. Manager advised it related to employees such as firefighters and
paramedics, and covered such diseases as AIDS, hepatitis, tubercu-
losis, etc.; the Bill stipulates that should this type of employee be
affected by any of the diseases identified in the Bill, it shall be
automatically assumed that same was contracted in a job-related
incident.
BOARDS & COMMITTEES REPORT
The Board Action Report
mation by the members.
upcoming Board meetings
REGULAR BUSINESS
Items Left Over
for the month of March was accepted as infor-
Mayor Voress noted the dates and times of
for the month of April.
Regarding certain requests made for a newly planned development of
Town Lots 2A N (formerly Royal Cove), adjacent to Boca Highland and
submitted by Grand Bay Group, Inc., Richard Rankin, Grand Bay's repre-
sentative, addressed the members and discussion ensued relative to
concerns previously raised by the Commission when the principals of
the development had made a presentation to them. Commissioner
Augenstein noted that questions he had raised at that time had been
answered to his satisfaction during a meeting held recently with the
. key people involved; he also referred to correspondence transmitted by
both Grand Bay, Inc., and Boca Highland Center, Inc., which address
the Town's concerns. (Attached to and made part of these Minutes.)
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Minutes - Regular Meeting
. April 05, 1994 Page 4 of 5
Commissioner Rand raised several questions regarding the development
in response to an artist's rendition Mr. Rankin presented, which were
answered satisfactorily.
Town Manager Mariano advised the Commission need only consider
approval of a sales trailer and a construction trailer; other aspects,
such as signage, would be handled by the Town's Building Department.
Concluding discussion, MOTION was made by COMMISSIONER AUGENSTEIN/
COMMISSIONER RAND to approve a sales trailer and a construction
trailer on the site. The Motion met with unanimous favorable vote.
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Consent Agenda
MOTION by COMMISSIONER RAND/VICE MAYOR PAUL to approve a Utilities
Department request to authorize sewer system repair in the approximate
amount of $63,000 was unanimously approved.
Mayor Voress then recessed at 1:55 P.M. to await Attorney Sliney, and
reconvened at 2:15 P.M. when he arrived. Mr. Sliney apologized for
his lateness, explaining he had been detained by judicial nominating
proceedings in West Palm Beach.
PROPOSED ORDINANCES AND RESOLUTIONS
The following proposed ordinance was given first reading at the
Mayor's direction:
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
REPEALING SECTION 6.4(f) OF CHAPTER 30, ENTITLED
"ZONING," OF THE CODE OF ORDINANCES OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, PERTAINING TO DISCONTINUANCE
OF NONRESIDENTIAL NONCONFORMING USES.
Attorney Sliney then advised of procedures to be followed regarding
possible adoption of the proposed ordinance, i.e, two (2) 5:01 P.M.
Public Hearings to be held April 14 and April 28, including appropri-
ate and timely legal avertisements, with the proposed ordinance being
an agenda item at the May 3, 1994 Regular Meeting for consideration of
adoption.
Margaret Cooper, attorney for Ocean Properties (Holiday Inn) was
recognized by Mr. Sliney, but had no comment.
There being no further business to come before the Town Commission at
this time, the Regular Meeting was adjourned at 2:20 P.M. upon MOTION
by COMMISSIONER AUGENSTEIN/COMMISSIONER RAND.
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Regular Meeting - Minutes
April 05, 1994 Page 5 of 5
APPROVED:
ATTEST:
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ARLI VORESS, MAYOR
BILE, PAUL. VICE MAYOR
• DATE : ,-'
•
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L J
Apri1,1 1994
Please find the following enclosed.
1. Response letter to the workshop of March,29 1994 and
subsequent meetings with Commissioner Augenstein, Attorney
Sliney, and Town Manager Mariano.
2. Copy of a letter being executed by Boca Highland Center,
Inc. This letter was prepared in response to a meeting with
the Boca Highland Center, Inc. board and Commissioner Augenstein.
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G~A,1~TD LAY ESTATES
April 1, 1994
Town of Highland Beach
3614 South Ocean Blvd
Highland Beach, F1.33487
Re: Grand Bay Estates
The following information is presented to address points of concern
expressed by the Town Commission at the workshop of March 29,1994
and subsequent meetings with Commissioner Augenstein, Attorney
Sliney, and Town Manager Mariano.
. ITEM 1 What measures would be taken to insure against
possible damages from ingress and egress of construction
related vehicles?
All subcontractors working at the Grand Bay Group will be
required to provide General L-iability insurance to The Boca
Highlands Center, Inc.. All workmen vehicles will be
registered with the Boca Highland Security gate. This will
identify each vehicle by Make, Model, Year, Color, License
number, and Company. Any vehicles not registered will be
denied admission.
ITEM 2 How would Sales traffic be controlled?
All Sales at the Grand Bay Estates will be on an appointment
only basis. The Boca Highland Security Gate will be notified
of any Sales traffic. If anyone arrives at the Security Gate
unannounced they will be denied admission.
Please note that more than ninety percent (90~) of the Sales
traffic will be accompanied by a Real Estate Broker from the
community.
The Grand Bay Estates has requested placement of signage in
strategic locations to assure proper flow of any Sales
traffic .
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ITEM_3 Will any other developer activities be operated from
the Grand Bay Estates Sales Facility:
The answer is no. Only Grand Bay Estates business will be
conducted from the Sales Facility. There will be no other
traffic entering into the Boca Highlands community.
ITEM 4 Protection from construction materials during
Hurricane conditions.
Public safety is a paramount concern to the Grand Bay Group.
As with any of our construction activities, all possible
precautions to secure construction materials will be taken
immediately upon notification of a Hurricane warning.
ITEM 6 What will the working hours be at the Grand Bay
Estates site.
The Grand Bay Estates site will offer full and courteous
compliance with the Town of Highland Beach working hour
regulations. Note that Grand Bay Estates Administrative and
Management personnel will be the first to arrive and the last
to leave the site daily.
In closing, please note that it is the Grand Bay Groups strong
desire to be an asset to the community not a liability. We
understand that the construction activities, although an
inconvenience to the residences, is quite .necessary to complete the
community. We will do our utmost to conduct ourselves in a
professional manner and extend all possible courtesy to our
neighbors. Working together in this endeavor- will assure the
quickest possible successful completion. We thank you for your
time and assistance in these matters.
Sincerely,
Richard M. Rankin
Grand Bay Group, Inc.
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Town Commission
Town of Highland
3614 south ocean
Highland Beach,
Beach
boulevard
Florida 33487
RE: GRAND BAY ESTATES
Sirs and Madam:
A meeting was held on March 30, 1994 with the members of the
board of directors of Boca Highlands Center, Inc. present. As
president of the board they have aur_horized me to make the
following decisions.:
1. Enclosed is a property illustrative map of Grand Bay Estates
prepared by Sherermeta & Associates from the final summary
judgement of foreclosure on the aforementioned land. The map
illustrates what is included in the ownership of Grand Bay
Estates including Northgate. A copy of this plan is signed by
myself to fully acknowledge that everything on this map with the
exceptions noted is in fact part of Grand Bay Estates and it's
ownership belongs to Redpath Investment Corporation and Bancroft
Investment Corporation.
2. Enclosed is a site map of the entire Boca Highland site.
Grand Bay Estates proposes to install, with the permission of
both the city and Boca Highland, signage in 5 key positions
inside the site of Boca Highland. In addition enclosed is a copy
of the signs proposed to be erected with their placement on the
Boca Highland site map. I have signed a copy of the map as well
as copies of the signage. I agree td allow Grand Bay Estates to
place the signage on land owned by them and land owned by Boca
Highland Center, inc.
3. In reference to the matter of security inside the gates of
Boca Highland, Grand Bay Estates and Boca Highland have worked
out the following agreement. we agree that Grand Bay Estates
will furnish us with a copy of the liability insurance for all
their sub-contractors_ They will also furnish us with a list of
vehicles, their make and color as well as licence number, that
will be entering the site on a daily basis. These vehicles will
have access to the site. In additian any visitor will be given
access to the site on the basis that they are being escorted by a
real estate agent or they have called for an appointment and
Grand Bay Estates has informed the gatehouse of their pending
arrival. Grand Bay has agreed to abide by all the rules for
visitors and construction workers who visit the Boca Highland
• property. Grand Say agrees to use the northgate for large vehicle
traffic. One of their representatives will escort the truck in
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The board and I feel that Grand Bay is doing it's best to work
with the highest interests of Boca Highland in mind and we fully
euppoXt the project and the above recommendations
Thank You
Boca Highland Center, Inc.
President
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