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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 ~ . ~• 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. "f ~ ~ . Town Commission 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.) ^* • j Town Commission 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. n U 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. "', ,~ Town Commission Regular Meeting - Minutes April 05, 1994 Page 5 of 5 APPROVED: ATTEST: ~-~' ~~.~ ARLI VORESS, MAYOR BILE, PAUL. VICE MAYOR • DATE : ,-' • _ *_. •. , 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. }/ • 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 . 'M 1 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. I'Il-d-: -_ - _ -• . L._ :._l !_ = I I II-~t'' I L~.IC..C L1'IMI i -~~ ~ _r_,Oy _.~_i~J f- , ! ~y +~~ u. ~' 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 ~Ii-;N'-_ lr.l'?'~-l . 1~: ~ i~ '=TI iFiF'T I:JE:.ELf•lE-;tl ~t~=~ ~ -c;~ 1 ~~_u=~ F' . Vii? ~. ... ,~~.! a-.1 ~r l~C~r ~T.~..-f.'-i F'; ?t'O ^ati a ~t~~~iir;=, ri .~~rt 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 TiJTf~L P. ~~