1981.12.29_TC_Minutes_Workshop
TOWN OF HIGHLAND BEACH, FLORIDA
•
Minutes of Meeting of Town Commission
Workshop Meeting
December 29, 1981
1:30 P.M.
Mayor Horton called the Workshop Meeting to order at 1:30 P.M. Those
in attendance were: Mayor Louis Y. Horton, Commissioners John J. Basso,
Mary Louise G. Blosser and Edward J. Sullivan. Also in attendance were:
Elaine W. Roberts, Town Manager; Thomas E. Sliney, Town Attorney and
Rita Ebersole, Secretary. Vice Mayor Harold C. Storm was absent.
Several Townspeople were present.
81.1 Vacancies on Boards
Mrs. Roberts advised we have only two vacancies at present. One
on the Board of Adjustment and one on the Code Enforcement Board.
We have candidates being considered.
81.77 Proposed Ordinance
• Discussion postponed until next week. Publication will be on
January 4, 1982.
Boca Raton - Mr. Mark David, Planner
Mr. Mark David appeared before the Commission to state that
the City of Boca Raton is interested in obtaining 25' of Highland
Beach property. They own 24' and need the extra 25' in order to
put in a proper road. He explained that Highland Beach would
then have a properly paved road and direct access to their plant.
Boca Raton would pave the road and maintain the swale if Highland
Beach donates the property.
Commissioner Sullivan wondered why we need a proper road for
trucks. He suggested it is Arturo's Restaurant who needs the road
in order to build and felt this Restaurant would be of no benefit
to our Town.
Mayor Horton said this is valuable property fronting on Federal
Highway. When we built there it was County and later annexed to
the City of Boca Raton. Highland Beach paved the road on 7th Ave.
so that trucks would have access. Rock road developed over the
• years as a convenience. We can still use the 7th Ave. entrance.
Minutes Highland Beach
Town Commission
December 29, 1981
Workshop Meeting
Page 2 of 11
Since this appears to be a driveway rather than a road,
Commissioner Blosser asked if the requirements are the same
for both. Mr. David replied the requirements by the Boca
Raton Traffic Department are the same in this case because
it would be a public street if we agree to donating the 25ft.
Arturo's will probably not be permitted to build without this
25 ft.
Mr. David asked if Boca Raton would pave from U.S. I to our
property and maintain same, would this be acceptable? Since
the Commission was not convinced of the merit of this exchange,
Mr. David said the matter is negotiable and asked if we had
any propositions.
Commissioner Basso felt there was subterfuge by Arturo's with
assistance from Boca Raton to benefit Arturo's. They did not
meet our conditions and have gone to Boca Raton to obtain
benefits for their own personal interest. The City of Boca
Raton is trying to accomodate a builder. The Commissioner did
• not like the tactics being used.
It would only mean that we would have access to Federal Highway
which we now have by way of 7th Avenue, Mayor Horton said. The
Commissioners could see no benefit in the exchange.
Mr. David said he would convey the Commission's thoughts to
the Boca Raton City Council.
81.69 M.P.H. Homes
Discussion postponed because of death in family. No
representative was in attendance.
81.70 Gee and Jensen Proposal
This item was taken care of at the special meeting. Mrs. Roberts
asked if she was to handle the volume of work required and
Mayor Horton advised that we hired Gee and Jensen to do the
best job they can and we need to supply them with. the tools.
They cut their price $20,000 feeling that the Town Manager would
help with the study in supplying information. Commissioner
Basso agreed that we should help them update information.
Minutes of Highland Beach
Town Commission
• December 29, 1981
Workshop Meeting
Page 3 of 11
Commissioner Basso mentioned the Public Hearings schedule
proposed for August and felt it a poor time since many
residents are on vacation. He wants the full Commission to
be present for this important matter.
Mayor Horton said those who are interested and legal residents
will have an ample opportunity to make their thoughts known
between now and August. If we put this off, it will be necessary
to pass Moratorium Ordinances for additional periods.
Tom Sliney felt August was probably not the best time but said
the matter would probably expand itself to October or November.
Public Hearings are scheduled for April through July. He also
was in favor of having the full Commission present for final
action on the matter.
Mayor Horton will work with Mrs. Roberts to supply necessary
information to Gee and Jensen.
• Commissioner Blosser inquired if walkovers are included in this
study. Mr. Sliney said they were not but if we want them included
or any other information we will send a letter requesting same.
81.71 No Parking Signs on AlA
Mrs. Roberts said the Town Code prohibits parking on the right-
of-way, but the DOT will not allow signs. Chief Jones advised
there is no real problem so Commissioner Basso thought we should
leave the matter Status Quo, and also complimented the Police Dept.
81 75 New Municipal Building - Several Items
The Commission decided on walnut wood trim.
Mrs. Roberts said the fill between buildings is in the Sandpiper
contract. They will close off that driveway shortly so we will
have to use the South drive. Bushes are being removed for
relocation. Mrs. Roberts will go out for bids on the rest of
the fill, grading, concrete work and paving. New plans have
been received by the CAB but their meeting is not scheduled until
January 14th. The Commission advised Mrs. Roberts to wait until
• then to go for the bids.
Minutes Highland Beach
Town Commission
• December 29, 1981
Workshop Meeting
Page 4 of 11
Hardrives will do the South Drive work on Saturday and
Sunday. They will be put on notice next week when the
second phase is approved.
The carpet has not been approved by the Library so more
samples are being obtained.
81.78 Correspondence from Boca Raton Regarding Hand Gun
Purchasers
The Commission agreed to submit this item to the Police
Committee before their next regular meeting for a recommendation.
81.79 Correspondence from Municipal Code Corp.
Mr. Sliney said there are several items which need updating
in our Code but Mayor Horton felt we should wait until we
receive the new Zoning Ordinance. Mr. Sliney agreed that the
• pertinent parts of the Code are fine. The Commission was in
agreement to postpone the Code revision until the new Zoning
is complete.
81 80 Correspondence from County Commissioner Norman Gregory
Regarding Road and Bridge Monies
No discussion.
81 81 Friends of the Highland Beach Library
Friends of the Library asked for a Letter of Assurance to
cover the balance of their debt but the Mayor pointed out that
they have since received enough in donations to pay their bills.
81.82 Proposed Fortuna del Mar
Mr. Digby Bridges requested a change in the number of units
from 6 townhouses to 4 tounhouses. His plans had already been ~"
approved for 6. Because of the moratorium, Fran Hamzik brought. _ __
the matter before the Town Commission.
Mr. Sliney spoke of setting up a Moratorium Variance Appeals
Board to take care of these problems. Mr. Sliney also
volunteered to draw up an Ordinance to this effect.
T~tinutes Highland Beach
• Town Commission
December 29, 1981
workshop Meeting
Page 5 of 11
Commissioner Blosser stated that since we established a
moratorium and the builders are aware of it, we should stick
to it. Builders should not be permitted to continually change
plans.
Fran Hamzik said the builder will continue with the six units
if permission is not granted to reduce to four.
Mr. Sliney pointed out the Moratorium Variance Appeals Board
would not introduce new projects but only approve changes in
projects which have already received all necessary approvals.
Mr. Bridges addressed the Commission stating approval would
mean improved conditions for the town and would generate less
traffic.
Mayor Horton suggested we consider an Emergency Ordinance to
• form a Moratorium Variance Appeals Board. The Town Commission
agreed.
81 83 Proposals from Independent Contractors
Earl Harvel does all emergency repairs for the Town, taps for
water and sewer lines and Carl Howard operates the Sewer System.
Action will be taken next week on their proposals which reflect
an 8/ increase.
81 84 Town Manager's Memo to Town Commission containing letters
of transmittal from Planning Commission early in 1981.
This item was basically background information for the Commission
and no discussion ensued.
81 85 Three bids submitted by Police Chief for Projector
E ui ment used for Crime Prevention Pro rams etc.
The Commission decided the Police Department should not purchase-
this equipment in view of the fact that the Friends of the Library
will be buying the same items shortly and the Police Department
could borrow them. They would prefer the Police Department to
• use Crime Control funds to purchase a radar gun to control
speeders and rent equipment in the interim.
Minutes of Highland Beach
Town Commission
December 29, 1981
Workshop Meeting
Page 6 of 11
Mayor Horton asked that the Police Committee discuss the
use and purchase of radar and submit their findings to the
Town Commission.
81.86 Police Committee Recommendations
Mr. Bennett stated the Police Committee recommended hiring
Mr. Kirk as the 9th Police Officer.
Commissioner Basso said he would like Mr. Kirk to meet with
the Town Commission at their regular meeting.
Mayor Horton pointed out that Officer Kirk had previously met
the Commission. He left his position to take care of some
personal problems (he requested a leave of absence but was
denied) and now has reapplied.
The Town Commission will have the Police Committee recommendations
• next week.
81.87 Policy Regardincr Parking behind Municipal Center
The possibility of putting trailers behind the hedge was
discussed. The area could be improved and this would be a
reasonable place to put vehicles.
Commissioner Basso felt additional parking was necessary.
Commissioner Blosser said additional lighting etc. will be
necessary and we should cost it out. Mrs. Roberts will supply
a sketch of area.
All parking of trailers or trucks is monitored by Chief Jones.
There is no set time for parking limit at present.
Commissioner Basso suggested charging a fee for parking, but
the Mayor said this would get us into additional problems. The
Commission decided to think about this item and perhaps take
action at a later date.
Additional Items not agendared
• Discussion on the Resolution regarding the Police Committee
duties and responsibilities was postponed.
1
Minutes Highland Beach
• Town Commission
December 29, 1981
Workshop Meeting
Use of Channel 11 on Cable TV
Page 7 of 11
Channel 11 at this time is set aside for Municipal use but
thus far we have not taken advantage Mayor Horton stated.
Should one of the Commissioners take on the responsibility
of informing Cable TV of items and announcements of meetings,
etc. to generate interest or should a member of the office
staff be assigned this responsibility. Channel 11 is on
continually and will cut a tape when requested. This was part
of our original agreement and we should think about arriving
at some kind of an area of responsibility on this.
Letter Re: Massengill-Moore Matter 12/21/81
Tom Sliney said there was not ample opportunity to study this
matter. Therefore, it was postponed.
Establishing Ad Hoc Committee to explore establishment of
• our own Fire Department.
Commissioner Sullivan said the present paramedics are earning
over $20,000 each. We would also consider the purchase of a
good deal of equipment. In 3 or 4 years we will be paying
Del Trail approximately $650,000. For the present we probably
are ahead by using Del Trail but for the future we should
investigate organizing our own department.
Commissioner Basso recommended an Ad Hoc Committee to look into
the matter and Commissioners Sullivan and Blosser agreed.
Mayor Horton said the matter will be considered at the next
Regular Meeting. He also said there is a possibility of leasing
equipment instead of buying. The Ad Hoc Committee will look
into these matters.
LeConcorde
Mrs. Roberts had distributed a packet of material for the
Commissioner's review.
Mr. Charles Waller represented the LeConcorde.
Mayor Horton said there were two specific. items; (a) the approval
of the seawall and (b) the observation deck.
Minutes Highland Beach
Town Commission
• December 29, 1981
Workshop Meeting
Page 8 of 11
It was suggested that the seawall be placed at the present
coastal line. It is part of the basement wall as suggested
by the Town in order to preserve the beach.
Fran Hamzik explained the original seawall would protrude out
on the beach so he suggested making it part of the building
instead. There is no change to the building structure. He
wants to apply to DNR as a courtesy but wants the Town approval
first. The Plan was originally approved by CAB and DNR. The
only change requested is to combine the seawall with the building.
There is no violation whatsoever.
Mr. Sliney suggested this request go before the Moratorium
Variance Appeals Board. It is a question of interpretation.
Commissioner Sullivan mentioned a letter from the developer to
the Town Manager asking that LeConcorde be on the agenda of the
first meeting of the Moratorium Variance Appeals Board. The
• first meeting of the Board will be on the 19th of January.
LeConcorde will be discussed at that time.
Engineer's Proposal on Study of Establishment of Utility Dept
It was decided to defer this item until the next workshop
meeting.
Town Manager's Reports
Mrs. Roberts mentioned a letter from Jackie Winchester saying
Senator Don Childers had changed a portion of his will to go
before the legislature for an "opt out" if any municipality
so chooses. That was suggested by the Municipal League, and has
been done.
The Town Manager also received a letter from the Metropolitan
Planning Organization asking to be advised if we have any plans
to change roads, bike paths, etc. They want a response before
January 8, 1982.
Commissioner Basso is in favor of widening the bike path.
• Mayor Horton suggested looking into the matter and perhaps
underwriting a study. Mrs. Roberts suggested our Planning
Consultants.
Minutes Highland Beach
• Town Commission
December 29, 1981
Workshop Meeting
Page 9 of 11
Commissioner Basso suggested that we require builders to
replace broken bike paths with 8 ft. instead of the present
5 ft. and perhaps have the Town pay the difference. This
would be one way of getting the path widened at little cost
to the Town.
Mayor Horton said when the deceleration lane was approved at
Boca Hi there- was some question about relocating the path.
Mrs. Roberts agreed saying Commissioner Basso would go over the
plans with her as they were approved by the DOT in early 1981.
The decision by the Town Commission to approve deceleration lanes
was only made a few months ago. Mayor Horton said we need more
facts. Commissioner-Basso said we are Daly talking about two
more feet to the west and we should insist on it. We need a
wider path. The mangroes are protected by Federal law and the
County will not let us trim them. Commissioner Basso felt it is
not unreasonable to trim a few for path relocation.
• Commissioner Blosser suggested that we have the CAB and the
Greening of AlA check this out. Mrs. Roberts felt time is of
the essence because they are almost finished. She will try to
do what she can immediately.
Crime Watch Signs
Crime watch signs are now being permitted on the right-of-way.
Mrs. Roberts recieved this information from the Department of
Transportation. We could install these on the North and South
end of Town. The Commission decided to defer this matter.
Darby and Wayne Plans re Hoffman RPUD
Mrs. Robert is in receipt of these plans showing the Intracoastal
water crossings. They will be left in the Conference room for
the Commission's perusal.
Town Manager Report:
The Town Manager said the Preconstruction Lift Station
Conference will be held in Town Hall on January 6, 1982 and
• all are invited to attend.
Minutes Highland Beach
• Town Commission
December 29, 1981
Workshop Meeting
Page 10 of 11
Mrs. Roberts received a letter from the Assistant County
Administrator stating a meeting will be held regarding
Tourist Tax on Wednesday, January 6, 1982 and limited public
comment will be permitted. However, advance notice must be
given before Monday, January 4th.
On the Sales Tax Increase - an update was received from the
Florida League of Cities and is on the clipboard.
Telecommunications - To update the Commission on the difficulties,
Mrs. Roberts said wells #4 and #5 had tripped out. It has been
recommended that the old motors be replaced and the Town Manager
will get estimates. In the meantime, $22.00 was spent for
heaters for the motor and they seem to be helping. The situation
will continue to be monitored. It was also discovered that
Mr. Mascarella, an area resident has interference on Channel 7
from our system. He lives just North of our plant. Victor has
• been advised.
The Town.. Manager reported receiving more information from
Mrs. Roy re the old Bel Lido beach access. Attorney Tom
Sliney is working on an opinion but is still under the impression
the Town is not involved. The formal opinion is forthcoming.
Mayor Horton asked if, when we issue a building permit, is it
an implied fact that they have clear title to the property.
Commissioner Basso felt we have a right to ask for clear title
to avoid law suits, and we should do this in the future. It
seems, everyone assumes the builder has clear title. Mr. Sliney
felt the only ..thing necessary was to follow the building code.
He will check to see what other communities do.
Mrs. Roberts reported that years ago the Town established two
historic tree specimens, to be protected according to the
tree preservation ordinance. The Areka located across from
the Townhouses of Highland Beach has died and been disposed of.
The ficus tree North of Penthouse Highlands is still thriving.
An amendment will be proposed to Code Chapter 282.
The Mayor asked where we stand on the Clarendon issues.
• Mrs. Roberts said the Town Commission had granted a variance
on the front set back. The plans had all been approved by all
involved Boards.
Minutes Highland Beach
Town Commission
• December 29, 1981
Workshop Meeting
Page 11 of 11
Building official Hamzik stated other than the length,
everything is according to specifications. As the Mayor
suggested, if they moved the 16' beach deck platform closer
to the building, it would be more attractive.
A great deal of discussion followed leading to the realization
that the builders had followed the plans approved by the Planning
Committee and the CAB.
Tom Sliney suggested we send them a letter explaining we had
a lot of contrOvers~y on the matter and perhaps they would
consider moving the dune walkover back. They may volunteer
to do so. If they do not cooperate, we could work on the
temporary structure angle (6 months approval). Commissioner
Basso was in agreement with this approach.
Mrs. Roberts was asked not to dismantle the Christmas tree
outside until the 5th of January.
MOTION was made by Commissioner Basso/Commissioner Blosser to adjourn.
Meeting ADJOURNED at 4:40 p.m. ~ _
APPROVED:
•
AT T:
ate: ~--~N/. ~ ~9 ~ Y
Rita Ebersole, Secretary
Loui~(Y.~ Hortp~n~ Mayor
Harold C. ~8'torm,^Vice Mayor
,~b~4n J". B,~~so;~ Commissioner
(/J,
~ ~~..,~_
ary oui~ G. dosser, Comm.
ward ~'~/~Sullivan, Commissioner