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1973.03.06_TC_Minutes_Regular MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - March 6, 1973 - 7:10 P.M, The regular meeting of the Town Commission was called to order by Mayor Horton on Tuesday, Marsh 6, 1973 at 7:10 P,M, All Commissioners were present, Also present were the Town Administrator and the Town Attorney, Mayor Horton introduced representatives of the S. A, Healy Co., who had come from Chicago to appear at the meeting. The Mayor read the petition from their company to rezone lots 1, 2, 3, 4, and la, 2a, 3a, and 4a (400') in Byrd Beach from RS 1 to RM 40. He then explained that the Planning Board held a public hearing on January 26, considered this and other matters, and submitted a letter to the Town Commission stating the Board voted unanimously to deny the application from single family to multi-family zoning. Attorney Dwyer presented the Commission with color photos of their proposed building containing 72 apart- ments and appealed to the Town Commission to override the Planning Board action. Mr, Zeier, President of Healy Co., Mr. Roy Simon, Architect, anc~ Mr. McDonald, a member of the Healy family, each spoke briefly. Mayor Horton reminded everyone of letters received in opposition to the rezoning, by adjacent prope~ owners. Discussion followed, Vice Mayor Dent moved to support the Planning Board decision and refuse to rezone. Commissioner Gilday seconded and the following voted yes: Mayor Horton, Vice Mayor Dent and Commissioners Gilday, Joy, and Mumford. The minutes of the regular meeting on February 6, the special meeting on February 15, and the workshop meeting on February 20, were approved as read, After a correction was noted regarding signatures on the Muncipal Court Escrow Fund: either the Court Clerk or the Deputy Court Clerk and countersigned by Mayor Horton or Commissioner Gilday, the workshop meeting minutes of March 1 were approved, Mayor Horton read a letter received from Scout Troop 302 of Delray Beach, thanking us for letting them camp out behind the new Town Hall site on January 27, and 28, The Mayor read a letter received from Mrs. Jeanette Marsted of the Monterey House suggesting a bicycle path in Town. He explained that we are still planning on it and that our consulting engineers are being instructed to include this in the bid package, Also to be requested is an alternate of cover only over the water main, so as to compare costs. Mayor Horton reported we are requesting an increase from the Post Office for our monthly reimbursement, They require that we terminate our bid and advertise this for one week. We have done this effective March 30, and will be awaiting later information. The Mayor reported Town Hall construction is proceeding slowly, that the:slab will be poured next week. Mayor Horton explained that one Town Hall Staff member is to undergo an operation and will be out for about two or three months. Mrs. Lipsky will resign about June 1, and will return in the Fall, on a call basis only. Becuase of this he said, Mrs. Roberts has requested an increase in full time staff, Commissioner Mumford moved this be approved and Commissioner Gilday seconded, The following voted approval: The Mayor, Vice Mayor, and Commissioners Gilday, Joy, and. Mumford, MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - March 6, 1973 - Page -2- A notice was read of a Department of Pollution Control hearing in Tallahassee on March 18 to 23rd. Also read was notice of a meeting of Water Management in Delray on March 28. The Mayor suggested the Public Works Committee might attend the Delray meeting. Tax and Finance Committee Report: Mr. Allan George, Chairman, read the financial statement for February, which included the first four aonths of the Fiscal Year. He reported the Town is in good financial condition. Building: Vice Mayor Dent reported that no further building permits are being issued. He read a request from Mr. Urbanek to extend the permit for his model to March 1974, Mr. Dent moved this be approved, Mayor Horton seconded and the following voted aye: The Mayor, the Vice Mayor, and Commissioners Gilday, Joy, and Mumford, Re- garding the Holiday Inn property west of AlA, Vice Mayor Dent reported receiving a request that we delay action, until the architect sends plans--within the next 30 days. It was agreed. Mr. Dent read a letter received from Mr, Hoffman, ownefs of lots 65 and 69 in Town, requesting to place fill on their property, This was tabled for further study, Public Works: Commissioner Joy reported that the drain has been installed on Bel Air drive and it is ready for paving. He said we expect another cost estimate soon on the automatic device for pumps in the water repump station, Die to the engineers' recommendation that the elevated water storage tank be 135 feet in height, Commissioner Joy moved to reconsider action taken at previoDs meetings. Commissioner Gilday seconded and the folowing voted yes: Mayor Horton, Vice Mayor Dent and Commissioners Gilday, Joy, and Mumford. Commissioner Joy then • moved that this height be approved and Commissioner Gilday seconded. The following voted in favor: The Mayor, the Vice Mayor and Commissioners Gilday, Joy, and Mumford. Commissioner Joy showed pictures of stained glass designs for the tank, as one suggestion for decoration, and Mayor-Horton suggested it be referred to the Community Appearance Board for their assistance. Public Health and Environment: No-report. Zonin Mr. Kemery, Vice Chairman of the Planning Board, recommended that in the future, a presentation such as the Healy Co. be accompanied by a waiver of objection. He also recommended consideration of the 120' setback from the Easterly Survey Line for garages in the RS 1 section. Discussion followed. Police and Legal: Commissioner Gilday reported that a patrolman has been hired to replace the one who resigned. Further, the 3200 and Urbanek suits are awaiting appeals and the dec5.sion on the motion to dismiss the Van Lennep case is still due. Commissioner Gilday read a letter containing updated retainer figures, received from our attorney's firm. It was tabled for further study. A motion to grant Mrs. Barker a total of 11 days sick leave was made by Commissioner Gilday, seconded by Vice Mayor Dent and approved by Mayor Horton, Vice Mayor Dent and Commissioners Gilday, Joy, and Mumford. The matter of setting a sick leave policy for all employees was tabled for further discussion. Town Administrator: Mrs. Roberts read a letter received from the Area Planning Board regarding the seawall applications from Mr, Urbanek. Mayor Horton asked that previous correspondence be checked, a letter be drafted and approved by the attorney before being sent to the APB, stating that the Town Commission has no objections. A notice was read regarding a rezoning hearing on March 8, 1973, in Boca City Hall, MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - March 6, 1973 - Page -3- from multi-family to duplex zoning in the area surrounding tshe well field land in Boca Raton. Mrs. Roberts read a letter received from Dr. Sutton, the County Veterinarian regarding implementations of the County Ordinance on Animal Control. Mrs. Roberts will be meeting on this with Dr. Sutton and Chief Jones. Mayor Horton continued reading the Planning Board's recommendations: 2'. The Board denied 4 to 1, to rezone lot 106, owned by Spinnaker, represented by Attorney Faust. Vice Mayor Dent moved to confirm the Board's action and Com- missioner Gilday seconded. The following voted aye: The Mayor, the Vice Mayor and Commissioners Gilday, Joy, and Mumford. 3. The Board voted 3 to 2 to provide a minimum of 8 acres in RPUD. Mr. Kemery spoke in opposition to both this item and No. 4, which would change the LUI rating in RM 30. He cited sections in the Master Plan and the Comprehensive Zoning to explain his opposition. Mayor Horton responded by explaining these were considere d at the workshop meeting and could be tabled until some future time. Commissioner ~"` Joy moved to reverse the Board's action and deny the proposal. Vice Mayor-.Dent_ ., _. seconded and the following voted yes: Mayor Horton, Vice Mayor Dent, and Com- missioners Gilday, Joy, and Mumford. 4. The Board passed 3 to 2 to change the LUI figure for RPUD zoning in RM 30 districts from 62 to 59. Discussion followed and Mr. Dent suggested the Planning Board investigate the ''cap on units" theory. He then moved to deny this proposal and Commissioner Joy seconded. The following voted yes: The Mayor, the Vice Mayor and Commissioners Gilday, Joy, and Mumford. Letters will be sent and approved by by the Town Attorney, to the two petitioners and the Planning Board. • Community Appearance Board: Mayor Horton read a letter requesting Mr. Don Rex be appointed from an alternate to a regular member for one year. Mr. Dent moved Mr. Rex fill out the unexpired term, Commissioner Mumford seconded and the follow- ing voted approval: Mayor Horton, Vice Mayor Dent and Commissioners Gilday, Joy, and Mumford. Commissioner Gilday moved to adopt the Criteria and Procedures of the Community Appearance Board and Vice Mayor Dent seconded. The following voted yes: The Mayor, the Vice Mayor, and Commissioners Gilday, Joy, and Mumford. Resolution No. 217, authorizing a checking account for the Municipal Court Escrow Fund in the University National Bank, was moved for adoption by Vice Mayor Dent, seconded by Commissioners Gilday, and approved by: The Mayor, the Vice Mayor and Commissioners Gilday, Joy, and Mumford. A proposed Ordinance amending the Community Appearance Board Ordinance received the first reading. Ordinance No. 202, amending the land fill and dredging Ordinance received a second and final reading. Commissioner Gilday moved it be approved, Commissioner Joy seconded and the following voted. in favor: Mayor Horton, Vice Mayor Dent and Commissioners Gilday, Joy, and Mumford. An Ordinance, amending thh Seawall Ordinance was tabled for further study, after discussion. s MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - March 6, 1973 - Page -4- • Ordinance No. 203, prohibiting the construction of Kennels snd/or any premises for breeding or boarding of cats or dogs in any district in Town, received the second and final reading. Mrs. Roberts read a proposed amendment to add the words, "snd/or maintenance" after the words "construction of kennels, (etc.) is prohibited:' Commissioner Gilday moved the amendment be added and Vice Mayor Dent seconded. The following voted for: The Mayor, the Vice Mayor and Com- missioners Gilday, Joy, and Mumford, Commissioner Gilday then moved for approval of the Ordinance as amended and Commissioner Mumford seconded. The following voted yes: Mayor Horton, Vice Mayor Dent and Commissioners Gilday, Joy, and Mumford. Commissioner Mumford moved for approval to pay the bill submitted by Attorney Larry Klein for legal expenses in the 3200 and the Urbanek suits. Vice Mayor Dent seconded and the following voted approval: The Mayor, the Vice Mayor a~~~'"'`' Commissioners Gilday, Joy, and Mumford. The bills and accounts were approval``---~M for payment. The meeting adjourned at 10:40 P,M, APPROVED ATTEST: Town C ark DATED: ~ ~~ ~7~ ~~ --~ --y-,..: .~-ti~~'