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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