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1981.12.22_TC_Minutes_Special TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission December 22, 1981 SPECIAL MEETING 1:30 P.M. Mayor Horton called the Special Meeting to order at 1:30 P.M. Those in attendance were: Mayor Louis Y. Horton, Vice Mayor Harold C. Storm and 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. There were a large number of townspeople in the audience. Mayor Horton invited the audience to participate when we come to a particular place in the agenda that might be in their interest saying the Commission would be pleased to hear any comments. 1. Emergency Ordinance - AN EMERGENCY ORDINANCE OF THE TOWN OF HIGHLAND BEACH TO BE DESIGNATED AS THE PARTIAL BUILDING PERMIT MORATORIUM ORDINANCE: RELATING TO SUSPENSION OF APPLICATIONS FOR BUILDING PERMITS FOR NEW CONSTRUCTION AND THE • ISSUANCE THEREOF: MAKING LEGISLATIVE FINDINGS OF FACT: DECLARING A 60-DAY MORATORIUM OF APPLICATIONS FOR AND ISSUANCE OF BUILDING PERMITS FOR NEW CONSTRUCTION: DECLARING AN EMERGENCY: AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. This ordinance was read in full by the Town Attorney, Tom Sliney. Mayor Horton explained that this Ordinance is an extension of prior emergency ordinances which were passed for 60 day periods, therefore, we must ask for a new ordinance until proposals or suggestions are received from the planning agency. One person from the audience inquired about five parcels of land near the Delray Beach line and the Mayor said the Town had made a commitment and agreed to plating for single family homes which met the Ordinance in effect at that time. This subdivision is known as Maravilla. A gentleman also made an inquiry re Building permits. The Mayor answered by advising that this ordinance covers any permits in existence. Mr. Sliney stated that existing plan approvals will be honored. • Minutes Highland Beach Town Commission • Special Meeting December 22, 1981 Page 2 of 8 MOTION by Commissioner BassofVice Mayor Storm that this ordinance be adopted as read. In polling the Commission, the vote was as follows: Commissioner Basso - Aye; Vice Mayor Storm - Aye; Mayor Horton - Aye; Commissioner Blosser - Aye; Commissioner Sullivan - Aye. Ordinance was passed unanimously. 2. Plannin Consultants Gee and Jenson Re: Zonin Recommendations. Mr. Lee Henderson was present representing Gee and Jenson. Commissioner Basso stated the Highland Beach Survey shows people are mostly concerned with overdevelopment, excess building heights, density, traffic, etc. A comprehensive plan approved a few years ago warned of these problems but very little was done to prevent this, he said. We have been building in an area of 3/5 of a mile and the density is tremendous. The Engineers recommend lower density and height. .Commissioner went on to say beginning at the Southern end of Highland Beach, lots 1 through 12, East of AlA were recommended for single family zoning but from there going • North to lot 19 no recommendation was made and this area should be included. Instead of approving 8 story buildings we should only approve 6 stories and as many single residences as possible. Commissioner Basso said it is up to Engineering to give us their best thinking under the laws to protect the interest of property owners and stop this building of high risers. The audience was in complete agreement. Mayor Horton said the Planning Consultants are cognizant of the fact that one area mentioned is deed restricted to single family homes. Mr. Henderson said Gee and Jenson are proceeding and looking for more details at these areas. He distributed a letter requesting a sizable amount of data and provided the commission with a tentative schedule for hearings. Mayor Horton will have copies made and distributed and reviewed before the next workshop meeting of December 29, 1981. Mrs. Roy, owner at Bel Lido raised a question regarding her easement • which is 280 feet South of Bel Lido Association beach access. She said it appears a condo is planning to build on this easement. Minutes Highland Beach • Town Commission Special Meeting December 22, 1981 Page 3 of g Mrs. Roberts said we are aware of this easement and a letter which Mrs. Roy sent to the Town a few years ago - October 1979. Mrs. Roy confirmed that this is where Royal Highlands is intending to build. Mr. Sliney felt the .Town was not involved. This easement probably went with the sub-division or was transferred. He felt it was a personal property right. Mrs. Roy said the Town has been on Notice. Mayor Horton said we will acquaint ourselves with this question and discuss it at our workshop meeting on December 29, 1981. 3. M.P.H. Homes Rectuest Mr. Heise was unable to appear because of a tragedy in his family. • However, Mayor Horton explained that the Town owns 8~ acres in Boca Raton called the Westerly Well field. Located on this property are three water wells from which our water is supplied. Presently, we have a problem getting oil trucks to fill tanks for emergency generators because of entry difficulties. The owner would like to develop his property but does not have access to a paved road. He has suggested we trade a small portion of our tract to him for something else. We will discuss this at our next meeting. 4. LeConcorde Revised Plans Mr. Charlie Waller, representing LeConcorde, displayed prints showing the overwalks for the development. He explained the overwalks which are constructed with wood Qilings protect the dunes and vegetation can grow under them. The seawall will be part of the construction line and the State has given verbal approval of both the walks and seawall. Commissioner Basso said he would not consider approval without written approval from the State. It was then explained that pending Commission approval, it would be submitted to the State for finalization. Commissioner Sullivan stated that while the moratorium is in effect, no changes should be approved. He also asked if a variance was necessary • and/or does the Town need a Moratorium Variance Committee? Minutes Highland Beach Town Commission • Special Meeting December 22, 1981 Page 4 of g Mr. Waller said their original plans were approved by the State. Changes have been made in the plans to accomodate Town requests and he felt they should not be penalized by the moratorium. It was pointed out that the LeConcorde permit was issued by the DNR on November 5, 1980 to be completed by May 1982. Tom Sliney felt a Moratorium Variance Board should be formed to decide on several problems that will be coming up shortly along with the LeConcorde Plans. Mayor Horton directed Mr. Sliney to research this and make his recommendations to the Town Commission at the next workshop meeting, December 29, 1981. 5. Clarendon Seawall At the Clarendon the seawall is part of the garage wall. The • overwalk is on pilings and Mrs. Roberts explained that this is considered a temporary structure because it can be removed. The overwalk is a protection for the dunes. Fran Hamzik said before the DNR will review any project, they must receive approval from the Commission. They require a letter of 'no objection' from the Commission. Mrs. Roberts said the Planning Commission and the Community Appearance Board had reviewed and approved these plans. Fran Hamzik said the overwalk would withstand 130 mile per hour wind but is still considered temporary because it can be taken down. Mayor Horton felt it difficult to proceed without clarification. He requested Mr. Sliney to review the situation and make his recommen- dations to the Commission. The Mayor requested Mrs. Roberts to research the former Moratorium Board so that we may profit from past experience. Mrs. Rome said that protecting the dune with overwalks is a good thing but some developers brought the overwalk out 62 ft. They • are not protecting the dunes but merely extending their property and she is definitely against this. Minutes Highland Beach Town Commission • Special Meeting December 22, 1981 Page 5 of 8 Mr. Sidney Mate, resident of Ambassadors East, was against the walks because he felt it makes Highland Beach look like Coney Island. 6. New landscape plans for Municipal Center Mayor Horton read a memo from the Community Appearance Board. The Commissioners all agreed that vertical parking was best because it provides us with four additional spaces than angle parking would. Aftdr some discussion and review, the Mayor said a set of final plans are required without the deceleration lane to the South; with proper signs for arrows (arrows North and South in parking area should be just South); and drive on South side of buildings will be two way. When final landscaping plan is approved, we will go out for bids. Since the next meeting of the CAB is not planned until the last Thursday of January, the Town Commission • recommended a special meeting of CAB before that date so that plans can be completed and the building made ready as soon as possible. Commissioner Basso thought the architect should be responsible for the full project until completion. Mayor Horton advised that after bids are received, the architect will take over. Mrs. Leng then addressed the Commission concerning Breamer Isle. She said that at the CAB meeting of December 17th, Mr. Murphy of the Breamer Isle Project asked for approval and suggestions for lights in their garage area. The Board took much time to investi- gate and make suggestions but it seems Mr. Murphy did not follow their recommendations. Mrs. Leng felt he had wasted their time because he did not install concealed lights as suggested. Commissioner Sullivan asked if they could get a temporary C.O. for the building alone, Mrs. Roberts said the garage was part of the building permit. Commissioner Sullivan volunteered to follow up on Mrs. Leng's complaint and will report back to the Commission. Mrs. Rome also addressed the Commission on this subject expressing her disappointment. • Minutes Highland Beach • Town Commission Special Meeting December 22, 1981 Page 6 of 8 Mayor Horton said the garage had been approved by the Commission and he questioned whether the CAB could negate an agreement made by the Commission. He said the developer should be advised if a request. is turned down so that he could follow the appeal procedure. He said at this point, we have no action to take. However, if we find that what is being done is contrary to what is on the tape of the CAB meeting, then something will have to be done. We will try to get the facts first. 7. Bids for carpeting for new building. Mr. Roy Simon said the Library Board has reviewed the colors for carpet and wood for shelving. The carpet price range is approximately $16 per sq. yard. After a selection is made, bids will be accepted. Wood plantation shutters were suggested. They would be painted to blend with the wall, and run about $19 a square foot. ($2,400) • Draperies were suggested but the Commission decided unanimously on the wood plantation shutters. As soon as a sample is received, we will go for bids. After we have decided on the bids, it will take approximately 3 weeks for delivery. 8. Ordinance to amend code of ordinances Section 7.1.1 - Plan Check Fee ORDINANCE NO. - AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, AMENDING CHAPTER 7, ENTITLED "BUILDINGS", SECTION 7-1.1, ENTITLED "AMENDMENTS TO STANDARD BUILDING CODE". It was decided to add AS PERTAINS TO PLAN CHECKING FEE SCHEDULE. Tom Sliney read the Ordinance as corrected which consituted a First Reading. 9. Letter from Boca Raton Planning and Zoning Board Chairman - Re: Appleby Street This item was referred to the workshop meeting of Dec. 29, 1981. At this point, Victor Pujals of CDM addressed the Commission. • He said he wanted to keep us up to date concerning the problem experienced with communications between Town Hall and the Water Minutes Highland Beach Town Commission • Special Meeting December 22, 1981 Page 7 of 8 Plant. Mayor Horton said the manufacturer of the equipment has stated he has done everything he can so the Town asked Victor to investigate. It was felt this matter was important, so although it was not on the agenda, the Commission decided to discuss it. Mr. Pujals said he had a meeting with the contractor and his supplier. The following was decided. (1) He, Victor, will be responsible for tracking the problems up to the present. (2) The Town will keep track of when the problem occurs, and (3) The supplier will add a filter to hopefully eliminate the problem. If all these efforts fail, we will go to a specialist technician. It seems something external is the cause. If a specialist technician is required and the problem is found to be the manufacturers, he will pay the specialist. However, if the problem is not found to be with the manufacturer, the • Town will be required to pay. Commissioner Basso inquired if this problem affects the water and he was advised that it was only a communication problem. Commissioner Sullivan was concerned if it were possible that the Town could be without water. He was told that was not possible. There is someone on duty all day except between 12 midnight and 7 a.m. If there is a malfunction, an alarm system goes off. The idea of having the men work extra hours was discussed. Commissioner Sullivan felt that if there was a possibility of a hazardous condition to the Townspeople, there should be no question of having another person on the 12 midnight to 7 a.m. shift. Mayor Horton said the extra tank maintains the pressure and he did not feel there was a hazard to the people. Commissioner Basso was very much in favor of having a third person on the midnight to 7 a.m. shift. Tom Gullett felt this system is very good and effective. Once • we get the bugs out we will have a good system. Minutes Highland Beach Town Commission • Special Meeting December 22, 1981 Page 8 of 8 Victor will keep the Commission informed of their progress. 10. Bills for Approval - bills were presented by Mrs. Roberts and approved. Mrs. Roberts mentioned attending an Unemployment Appeals hearing tomorrow on Marilyn Zarcone's appeal request. She was denied unemployment because she violated the Personnel Rules and Regulations. Mr. Sliney will attend the Hearing with Mrs. Roberts, the Commission decided. • • MOTION by Commissioner Basso/Vice Mayor Storm to pay bills totalling $21,201.20. All approved. MOTION by Commissioner Basso/Commissioner Blosser to adjourn meeting. All approved. Meeting ADJOURNED at 3:45 P.M. APPROVED: ATTEST: Date: ~~• ~ ~7 ~ y Rita Ebersole, Secretary Louis Y rto a or '~ T-~ ~_ HaryQlc~ C. poem, Vice Mayor ~ohn~.`Basso, Commissioner - , , _,~ ~~ Lou's G. Blosser, Comm. Edward ullivan, Commissioner