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1982.03.02_TC_Minutes_Regularr ~ TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission Regular Meeting March 2, 1982 1:30 P.M. Mayor Horton called the Regular 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; Police Chief Kenneth Jones and Jane E. Barker, Town Clerk. The Commission Chambers were filled with Town Residents. Mayor Horton apologized for the fact that there was no air conditioning in the new Commission Chambers and said it would be completed in April. He also said he hoped it would not be too noisy for the audience. Mayor Horton further added that the employees of the Town had been working under very adverse conditions for the last few days. He said • that the noise and dust have been just awful and the employees have been taking it in very good grace. Hopefully, he said, the major part of the work will be finished within a week, and that everything will be finished in time for the dedication on March 20, 1982. Pledge of Allegiance Approval of Minutes January 19, 1982 - Special and Moratorium Variance Appeals Board Meeting January 26, 1982 - Workshop Meeting February 2, 1982 - Regular Meeting MOTION by Vice Mayor Storm/Commissioner Sullivan that the minutes be approved as written. All Commissioners voted Aye. Public Requests and Comments Mayor Horton stated that once the regular meeting of the Town Commission was convened, no comments or remarks could be heard from the floor. He said that if any one in the audience cared to speak, this would be the time. • Minutes Highland Beach • Town Commission Regular Meeting March 2, 1982 Page 2 of 13 Mr. Lowell Blum, a resident of Regency Highland, inquired as to whether this would be the time for the people in the audience to be heard on their TV dish request. Mayor Horton informed him that, inasmuch as this item was not on the agenda, the Commission would discuss this matter at this time. Mr. Blum then proceeded to state his qualifications and talked about the request of Regency Highland to install their own TV dish on their elevator tower. He went into great detail as to why they should be granted this request. Mr. John Walldron, also a resident of Regency Highland, told the Commission that he was on the Board of Directors at Regency Highland and a practicing engineer and president of his own corporation for the past eighteen years. Commissioner Sullivan asked about the Safety feature of this • antenna which would be attached to the tower and Mr. Walldron informed him that the antenna would withstand winds up to 125 miles per hour and that the antenna could be lowered and bolted to the top of their building. Commissioner Sullivan assured that this was correct by Mr. Walldron. Mr. Cormac Conahan, Attorney for the Highland Beach Cable TV Company, said that their review of the application on file did not satisfy them and felt that a variance of the Town Code was needed. He also spoke in great detail against this TV dish. He also spoke of "zoning in progress." Commissioner Sullivan brought up two items- again the matter of safety and the height of Regency Highland. Mrs. Doris Rome, a member of the Community Appearance Board, then addressed the Commission and read the MOTION which she made at the Regular Meeting of the Community Appearance Board on February 25, 1982. She said that this Board is concerned mainly with the aesthetics, however, after the MOTION passed, the Board had a long discussion on the safety of this antenna, and the lowering of it during a storm. r ~ ~J Minutes Highland Beach • Town Commission Regular Meeting March 2, 1982 Page 3 of 13 Mr. Walldron answered Mrs. Rome's question about safety. Mr. William Miller, also of Regency Highland, said that Regency Highland would have to obtain a permit from the elevator people in order to install this antenna. Mr. M.H.W. Dent, a Town resident, stated that the "zoning in progress" referred to buildings and not antennas. Ex-Commissioner Peter J. Genovese then addressed the Commission, saying that there is no commercialization in Highland Beach and if it is against the Town's rules, how can the Commission grant a permit? Mayor Horton then summarized the matter, saying that he felt there were two items which bothered him - that of safety and "zoning in progress". However, he had spoken with Mr. C.S. Houha, a registered professional engineer in the State of Florida, and this gentleman assured Mayor Horton of the safe anchorage. Mayor Horton then asked Mr. Sliney for his summation of "zoning • in progress". Mr. Sliney said that he did not recall whether Gee & Jensen, Planning Consultants, had picked up this matter or not. He said that he was not convinced that there was "zoning in progress" on this matter and he said that either way, the Town could run into litigation. Commissioner Basso inquired of Mr. Sliney if he felt "there was no 'zoning in progeess "' and Mr. Sliney replied that he did not exactly say that, and he is not convinced there is "zoning in progress". Commissioner Blosser said that a memorandum had been sent to John Toshner of Gee & Jenson from Rick Wilson, dated February 11, 1982, indicating there is "zoning in progress". She also said there was a matter of safety which concerned her greatly, since the Commission does have to worry about everybody in Town. Vice Mayor Storm said he wondered "just what was going on here?" He further stated that just this morning he had received a telephone call, asking if he would be in favor of allowing this • afternoon's meeting be televised on Highland Beach Cable TV? Minutes Highland Beach Town Commission • Regular Meeting March 2, 1982 Page 4 of 13 Vice Mayor Storm also said that just yesterday he had received a call from Mr. Gullett, asking if they could televise the opening of the new library. He said that he did not often agree with Commissioner Basso, but in this case, he did. He also said that there had been a notice on Channel 11 today, announcing that Highland Beach TV had requested that today's meeting be televised and the request was denied. The notice further asked that the public contact their Town Commission regarding this matter. Mayor Horton said that if a consensus could be reached today, the notice would go to the Building Official that there was no reason to hold up issuance of a permit any further. MOTION by Commissioner Basso that the permit be granted to Regency Highland. Commissioner Sullivan seconded this MOTION. Mayor Horton rephrased this MOTION to "tell the Building Official there is no further need to withhold granting the permit for the erection of the • .dish on Regency Highland." Both Commissioner Basso and Commissioner Sullivan agreed to this change. Mayor Horton asked Mr. Sliney to corroborate this statement - "that the Town Commission is within their rights in relying upon the opinion of a registered professional engineer for this kind of recommendation". Mr. Sliney felt that the engineer should have some expertise in that area. In calling for the question, the MOTION passed four to one with Commissioner Blosser voting nay. Time - 2:30 P.M. Mr. M.H.W. Dent spoke about water and sewer rates in Delray Beach being too low and wondered what it would do to the Highland Beach rates? Mayor Horton answered by saying that the Town Manager had written to the City Manager of Delray Beach asking for definitive information. Reports - Town Commission (a) Mayor Louis Y. Horton - No report. (b) Vice Mayor Harold C. Storm - No report. (c) Commissioner John J. Basso - No report. • (d) Commissioner Mary Louise G. Blosser - No report. (e) Commissioner Edward J. Sullivan - Commissioner Sullivan reminded everyone of the Open House on March 20, 1982 from 1:30 to 5:30 P.M. with no speeches. Minutes Highland Beach • Town Commission Regular Meeting March 2, 1982 Reports - Boards and Acfencies of the Town (a) Board of Adjustment - Mrs. Roberts reported was no word on their vacancy and they would not be meeting again (b) Code Enforcement Board - No report. Page 5 of 13 that there Alternate #2 until April. (c) Community Appearance Board - Mrs. Roberts reported that she understood that Mr. Conte would be resigning from this Board and the CAB was recommend- ing that Mr. Savino be moved up as a Regular Member. This Board also recommended that Betty Jean Stewart be appointed as Alternate #1 for a one year term ending March 1983. Mr. Savino's term would be for two years, expiring in March 1984. MOTION by Commissioner Basso and seconded by Commissioner Sullivan that . these appointments be made. All Commissioners voted Aye. Mrs. Amelie Leng then addressed the Commission and thanked them for the above two appointments. Mrs. Leng then reported that the CAB held February 11, 1982 regarding the TV dish. item was LeConcorde and the CAB is awaiti; regarding the balconies, inasmuch as this said they are still worried about the 50' vegetation line. a Workshop Meeting on She said that the next ng the Town's decision concerned zoning. She setback and the Mrs. Leng said they are also working on the passive park for the west side of Highlands Place; this item had been tabled until this month. She also said that they had tabled Fortuna del Mar because of the dune walkovers and the Commission would be getting a letter from the CAB regarding single family walkovers. She reported that she read a letter to her Board from Boca Hi about the trees they took down illegally, as well as the Board's concern about the bike path where they widened AlA at Boca Hi. Commissioner Basso felt that this matter should be reviewed with the Town Manager and the Building Official due to the fact that an accident happened there just recently. He said that DOT • should be contacted about the seriousness of this issue. Minutes Highland Beach • Town Commission Regular Meeting March 2, 1982 Page 6 of 13 Commissioner Basso was informed that somebody from the DOT would be present at today's meeting, and this matter could be discussed with them at that time. Mrs. Leng also spoke of the temporary accessory structure at the new entrance of Boca Hi. Mrs. Roberts will issue a formal memo on this. (d) Financial Advisory Board - Vice Mayor Storm reported that income from investments for the month of February amounted to $6,058.86 and he wished to commend the Finance Department for keeping on top of finances. Vice Mayor Storm then reported that the Financial Advisory Board met last week and their main item of consideration was the water rates for Highland Beach. He said there is a potential deficit of some $61,000.00 by the end of the year if something is not done about the water charge. Vice Mayor • Storm said this Board would be meeting again on Monday, March 15, 1982 at 2:00 P.M. and they then hoped to have some final decisions to present to the Town Commission. (e) Housing Board of Adjustment & Appeals - Mrs. Roberts reported that this Board was meeting Quarterly and their next meeting would be in April. (f) Planning Commission - Mrs. Roberts stated that this Commission was holding an unadver- tised public hearing and Workshop on Wednesday, March 3, 1982. Dr. Orman will be giving his presentation and the Planning Consultants will present their goals and objectives. Gee & Jenson would like the Planning Commission to approve these at their next meeting on March 10th, after which advertised Public Hearings can be held. (g) Police Committee - Mr. Lowell Blum, Chairman of the Police Committee, addressed the Commission, saying that this Committee held a meeting yesterday when it was decided that all the police officers should have yearly • physicals. He then talked about the speed limit on AlA and said that both Boca Raton and Delray Beach had lower speed limits, with Highland Beach being the only Town with 40 miles per hour limit. Minutes Highland Beach • Town Commission Regular Meeting March 2, 1982 Page 7 of 13 Reports - Town Attorney - Mr. Sliney reported that Lew Petzold had been researching the dune walk- over matter and a report should be forthcoming within a few days. He then said that Mr. Cohen of their office had talked with Mr. Tuthill, attorney for Massengill-Moore, and Mr. Tuthill had informed Mr. Cohen that Massengill-Moore seemed to be receptive to the Town's proposal. Mr. Sliney said that hope- fully this matter could be resolved soon. Mrs. Roberts then asked regarding Highlands Place East and West. Mr. Sliney answered it was not resolved yet. Reports - Town Manager - Mrs. Roberts told of missing the Palm Beach Municipal League meeting because of a change of dates. She did talk about the fact that the League was in favor of not endorsing the 1~ sales tax proposal at this time. • Mrs. Roberts said that the Treasure Coast Regional Planning Council would be meeting this month, but she did not have the date as yet. She then said that she had had meetings during, the month with the various Boards of the Town, Southern Bell Telephone Company, Florida Power & Light, Architects, the Landscape people, Hardrives, the burglar alarm people and the sprinkler people. Correspondence for the month covered letters to and from the Legislative Delegation; Senator Harry Johnson regarding occupational licenses; Representative Jim Watt concerning the overlapping of programs mandated by the state as well as the unemployment compensation situation; the DOT; Gordon Tiffany, City Manager of Delray Beach; the Florida League of Cities; and she mentioned the fact that several municipalities might sue the County over the Road and Bridge Fund. Mrs. Roberts talked of the dedication on March 20th and the parking facilities for that day. Mrs. Roberts then said that she had four quotes for sprinklers with the lowest bid being $1,740. from National Sprinklers and • the second lowest bid from Kilpatrick in the amount of $2,010. Minutes Highland Beach • Town Commission Regular Meeting March 2, 1982 Page 8 of 13 Mrs. Roberts recommended the lowest bid. MOTION by Commissioner Basso/Commissioner Sullivan that the low bid of $1,740. from National Sprinklers be accepted. All Commissioners voted Aye. Mrs. Roberts then said she had received a quote from Hardrives for seal coating the front and back parking lot to match the new driveway. This would cost approximately $2,200 for the front parking lot and $1,700. for the back. MOTION by Vice Mayor Storm/Commissioner Basso that the above work be done at this time for this reasonable cost. All Commissioners voted Aye. Mrs. Roberts reported on having some property tax brochures; she reported on the crew from the Homestead Exemption Office • who took care of about 110 people on February 3rd at Town Hall; the Fire Committee was still working and will be meeting on Monday, March 8th at 2:00 P.M. She reported that Highland Beach Cable TV wanted to televise the Opening House. Mrs. Roberts then reported on the following departments: Building - Temporary Certificates of Occupancy were issued to the Clarendon and to the new Town building. Mrs. Roberts reported that both Tony Abbate and Fran Hamzik were attending a conference. She further reported that the C/O for the Townhouses of Highland Beach had expired yesterday. Discussion took place regarding this project with the final outcome being that the Mayor will write Mr. Connor a letter, saying that one more extension will be issued to him - which will be the final one that he will receive - and that he must have his project completed within two weeks, or their $75,000. bond will be forfeited. Finance and Internal Auditor - Mrs. Roberts reported that monies received included • Taxes - $441,000.; Road and Bridge Fund - $3,473.; Florida Power & Light for December - $8,117.; and from the Court $491.00 Minutes Highland Beach Town Commission • Regular Meeting March 2, 1982 Page 10 of 13 Mrs. Roberts then told of receiving the quarterly testing results from U.S.G.S.: a report from Carl Howard regarding the sewage system; and word that work had begun on Lift Station #2. Discussion then took place regarding the walls in the new Commission Chambers - whether the finish should be rough or smooth? Mrs. Roberts said that the Commission had agreed a couple of months ago that the rough finish would be all right. Further information will be forthcoming on this matter. 5 Minute Recess Proposed Ordinance No. Chapter 282-31 (b) (2) Horton announced that t • on February 2, 1982. This proposed ordinance - An Ordinance of the Town of Highland Beach, Florida, amending - Historic Specimen Trees. Mayor his ordinance had a First Reading was read in full by the Town Clerk. MOTION by Commissioner Blosser and seconded by Commissioner Basso that this ordinance be approved as read. In polling the Commission, the vote was as follows: Commissioner Sullivan - Aye; Commissioner Blosser - Aye; Mayor Horton - Aye; Vice Mayor Storm - Aye and Commissioner Basso - Aye. Items Left Over from the Workshop Meeting of Feb. 23, 1982. Mayor Horton reminded the Commission of the discussion at the Workshop Meeting regarding LeConcorde. This concerned the seawall being eastward of the coastal construction line or whether the seawall should be at the coastal construction line with the balconies on the upper floors overhanging, contrary to the Town's ordinances. Mayor Horton then stated that the Town Commission would sit as the Moratorium Variance Appeals Board. This met with Mr. Sliney s approva an a menu es s ow that all members • of this Board were in attendance. Minutes Highland Beach Town Commission • Regular Meeting March 2, 1982 Page 9 of 13 Health - Mrs. Roberts didn't have much to report concerning the Health Department except that Dr. Weiss had made his inspection at the Holiday Inn. Maintenance - Mrs. Roberts said that the maintenance men had been kept really busy all month. Police Department - Mrs. Roberts said that the members of the Commission had received their monthly report for February. Mrs. Roberts informed the Commission of the two officers that are now attending school and she will speak to the Chief regarding the men attending the C.D.C. course. She said that Lt. Cecere had put on a crime preven- tion talk at Seagate of Highland on February 8, 1982 with about 106 people in attendance. Mrs. Roberts attended the C.D.C. meeting in Boca Raton this morning. Highland Beach had 85 calls during the month of February. She also announced that the Palm Beach County Civil Defense will be holding refresher courses in the new Boca Raton fire station on • Friday, March 12, 1982. Patrolman Alexander Kirk will attend the morning session and Lt. Cecere will attend the afternoon class. Town Clerk - Inasmuch as the last day to qualify for the election is on Saturday, March 20th, the date is extended to Monday, March 22nd, Mrs. Roberts said. Public Works and Utilities - Mrs. Roberts announced that the water consumption was down for the month of February - raw water - 24,788,000 as compared to 27,570,000 for January. Treated water was 25,128,000 gallons as compared to 28,028,000 for January. She said that a letter had been received from the Water Management District regarding the "S.W.I.M.M." program. Mrs. Roberts said she had correspondence from Victor Pujals of the Engineering firm asking the Town Commission to approve an expenditure of $6,000. for the recommended list of spare parts for the water plant instrumentation. MOTION by Vice Mayor Storm/Commissioner Basso that this expenditure • be approved. All Commissioners voted Aye. Minutes Highland Beach Town Commission • Regular Meeting March 2, 1982 Page 11 of 13 Mrs. Roberts presented information that she had obtained from Strock Engineering. After that, Mr. Arthur Koski, Attorney representing LeConcorde, explained in detail that the seawall would not be visible inasmuch as all sand and plantings would be restored. He also said that the overhang of the balconies would not be noticed from the east. Much discussion took place among all the Commissioners with Mr. Koski answering all questions put to him. Attorney Sliney informed the Commission that they had a right to grant a variance in this case. Mr. Koski informed the Commission that his clients had not changed their plans in any way and that they had pre- viously been approved. Commissioner Sullivan complimented Mr. Koski and his clients on their cooperation. After much more discussion ensued, a MOTION was made by Mayor Horton and seconded by Commissioner Sullivan that the variance be granted the petitioner for a seawall to be on • the coastal construction line with the balconies as originally set in his plans. In polling the Commission, the vote was as follows: Commissioner Basso - Aye; Vice Mayor Storm - Aye; Mayor Horton - Aye; Commissioner Blosser - Nay; and Commissioner Sullivan - Aye. The MOTION carried four to one. With that action, Mayor Horton then reconvened the Regular Meeting. Time - 4:00 P.M. Mayor Horton announced that the next item had to do with the Sylvester residence cross-over. Mr. Douglas Cowan, Represen- tative from the Beasley Landscape Architect firm, was in attendance and explained just what it was they wanted to do. Commissioner Blosser was concerned with the fact that this is only one residence and that many more people might seek approval for similar boardwalks. The Town Commission requested that Mr. Cowan appear before the Community Appearance Board on March 25, 1982 and the Town Commission would again discuss this item at their Workshop Meeting on March 30, 1982. Mr. Cowan agreed to do this. Mayor Horton then said that representatives from the Department • of Transportation were in the audience; namely, Mr. Rick Chesser and Mr. James P. Reynolds. Mr. Chesser spoke to the Commission Minutes Highland Beach Town Commission . Regular Meeting March 2, 1982 Page 12 of 13 about various matters, first explaining about AlA being a two lane highway and the left turn lanes that they proposed for new developments. He informed the Commission that the DOT is not just looking at Highland Beach, but the whole of AlA. Mr. Chesser did say that the DOT did not wish to return to the old three-lane highways, however, left turn lanes were important. The DOT referred to this as a continuous left turn lane, and condominiums with large densities required them. Mr. Chesser also explained that the Department of Transportation has taken several counts of traffic in and out of homes and condominiums along AlA. Commissioner Basso brought up the subject of the hazard that exists in the southern part of Town by Boca Hi since the DOT widened the road at that point. He stated that the bike path was completely destroyed and it is very dangerous. • Mr. Chesser also explained how the speed limits are determined along AlA through the various cities and towns. Highland Beach is set at 40 miles per hour because of the good visi- bility along this road. The issue of cars parking at Boxwood Terrace was brought up and that the Town had requested they plant shrubbery so the cars would be hidden. The DOT made them remove this shrubbery and Mr. Chesser said that the DOT could remove anything along the State Road Right-of-Way. Mayor Horton thanked both gentlemen from the DOT for their attendance at today's meeting and for Mr. Chesser's interesting talk. Mayor Horton inquired about the 911 Mutual Aid Agreement and Commissioner Sullivan made a formal MOTION in favor of the 911 Mutual Aid Agreement and Commissioner Blosser seconded this MOTION. All Commissioners voted Aye. Minutes Highland Beach Town Commission Regular Meeting March 2, 1982 Page 13 of 13 A representative from Rebecca Walker's Office (Palm Beach County Appraiser) will give a presentation at the Workshop meeting on March 30, 1982, Mrs. Roberts said. Bills for Approval MOTION by Vice Mayor Storm/Commissioner Sullivan that the bills be approved for payment. All Commissioners voted Aye. Meeting ADJOURNED at 5:00 P.M. APPROVED; ~ . Lour ,Xf. Horton, Mayor Haro C /u or , Vice Mayor c- ~ ~~ ,GCSE C Jo J s o, Commissioner ~ _ s Ma ~ouis .-'-Blosser, Comm. f. Edward J O'Sullivan, Commissioner ATTEST: j ~~ ~~ j !~ i Date : ~ ~ t Wit. d ~7 ~ Y~ i~ r ~ LJ