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1969.07.01_TC_Minutes • MINUTES: TOWN COMMISSION OF HIGHLAND BEACH- July 1, 1969 The regular meeting of the Town Commission was called. to order by Vice Mayor Ved.der, acting for Mayor Horton who is away on vacation, at 7:00 P. M. on July 1st, 1969. All other Commissioners were present. The minutes of the regular Town meeting of June 3rd. were read. but were not approved. until statements pertaining to zoning made by Comm. Hackman were included. The minutes of the Workshop meeting of June 14th were read. and. after the correction that city charters can be amended. by a 3/5 vote of the Commission, was noted. they were approved.. The Town Attorney is investigating this item further. Comm. Beekman reported. the taxes collected to date were the same as last month. He read. an announcement from the County Comptroller's office which stated. that beginning in 1971 the County Tax Collector will collect the municipal taxes for the Towns and cities. Comm. McCook, finance Commissioner reported that typed. copies of the audit are available at Town Hall. Income to date is $ 7,494.52, expenses are $ 6,211.98. The first reading of the proposed. amendment to zoning ordinance ##ld"~~rCfDdas held. Mr. Byron, representing Mr. Bonner, asked- when the secon w be and if there would. be copies available? Vice Mayor Vedder answered the second. reading would. be August 5th at the regular Town meeting and. that --~--~- • there would. be copies available. Comm. Beekman asked. if there are any - _ further changes would. there have to be a third. reading or could they be incorporated before the second. reading? Vice Mayor Vedder answered that there will be a workshop meeting to discuss any changes. The question was raised. if changes were made would it nullify the first reading? The office manager was instructed. to call the Town Attorney fir an opinion. Mr. Poulton stated that if changes were made and posted on the bulletin board tonight, a second reading could. be held. in August. If changes are made at a workshop meeting where there would be too many to publicize, he would have to examine the charter before giving a decision. Comm. Beekman said he wanted setbacks changed in Section 3 to 30' setbacks for accessory buildings. Comm. Hackman stated. he received. a wire from John Havens, a property •wner, protesting the zoning changes on his property, while he is out of Town, in Connecticut. The question was raised. as to why zoning changes are proposed. nowt instead. of when more people are in Town? It was explained that this is a proposed amendment and. as stated in the May Bulletin, only amendments to ##132 would be proposed now and that a whole zoning report would. be given in Feb. or March, 1970. Mr. Gua.la asked what about property west of AlA and Mr. Vedder answered it is covered in Section 7 and #132. Mrs Gundlach suggested sev- eral changes, representing Mr. Urbanek. Mr. Hoar and Mrs. Turner said they were told they could. go eight stories highin Highland. Beach Isles and. asked why it is being changed to two stories. Mr. Vedder explained that from his understanding the zoning is remaining the same as in ##132. Mr. Morrison suggested. postponing changes until November when more citizens would be present and. that height should. be governed. by the size of the lot. Comm. • Hackman suggested. sending a copy to every property owner. Don Ross sug- gested forming a committee to pass on issuing building permits. Mr. Daileye,~s MINUTES: TOWN COMMISSION QF HIGHLAND BEACH - July 1, 1969 Page two • suggested. waiting for more property owners to be present. Vice Mayortd. that Mrs. Noblefs suggested. changes were used. a8 a guide for the present Commissionfs proposed, amendment. Mr. Gainer stated. that past personalities and differences do not pertain to the matter at hand. and that the residents that live here are trying to solve a zoning problem. Comm. Hackman stated that this proposed. change affects much valuable land and. should. be considered very carefully. The question of a buffer strip that affects only two par- cels of land. was explained. as part of the setback. Mrs. Cain, representing 2565 S. Ocean and. Mr. BradshawTs Holiday House, stated that advance notice should. be given for proposed changes. Comm. Hackman stated. that when Byrd Beach was annexed. the Commission unanimously promised that the zoning would not be changed. and. Mr. Vedder added that it is not being changed. Vice Mayor Vedder stated. that much time has been spent by the zoning committee, Towns-__. people, architects, and builders in meetings pertaining to amending #132 and. that most are in agreement, but it seems as if when the reading comes up ~-~---~-~ there is harrassment, as if to discourage any changes to #132; further adding that the Commission is trying to be fair to all. Mr. Kamerer asked for res- pect for the Commission and. its work. Comm. Beekman proposed. a moratorium on issuing of bu3ilding permits for 90 days. Mr. Bunn commented that there is harrassment because of the rumors that are circulating around Town and. suggested. that an Attorney be present to answer questions. There were more comments by Mr. Gundlach, Mr. Gainer, Mr. Cayce, Mr. Byron, and Don Ross. Comm. Beekman explained. that the major reason for existence of the Commission is to serve the interests of the freeholders of the Town, not the buil.d.es.-s'~-~--- • Mr. Kemery, commenting on Section 7, b, 2 and. 3 regarding setbacks, stated that this was recommended. by two architects. Mr. Vedder explained: that the" purpose of the green area was to limit height on narrow pieces of land. and. that meetings have taken place since last February to resolve these changes into a comprehensive zoning amendment, but that at present only this amend- ment is being presented.. The question was asked. how much land. would be con- fiscated. for 4 laning AlA? Mr. Kemery answered. only 6feet additional would be needed. There were further comments by Mr. Bunn, Mr. Gundlach, and sev- eral Townspeople. Comm. Hackman reporting for Public Works stated that Russell Rd. bids have been advertised. in the Palm Beach Post June 20th and. 27th and. the bids will be opened, on Tuesday July 8th in Town Hall at 7:00 P. M. There were calls on the condition of the water and. he reported. it is now clear and in excel- lent condition. Mr. Kemery said. it leaves white spots on his car and Mrs. Stewart brought in a sample to show the Commission and. asked. what could. be done to clear the brown color from the water? Mr. Hackman explained. that scale adhering to the pipes gets stirred up when the hydrants are flushed. and. that tests taken ( 311 in May) and. sent to the State Board. of Health assure that the water is bacteriologically pure. Mr. Bunn said. it looks like sand. from th~~e~~~f~~'lter. Further statements from Comm. Beekman and. Mr. Cayce agreed. the c~ odor is good and Mr. Gainer commended. the water committee for its work. Vice Mayor Vedder suggested posting water reports on the bul- letin board. Mrs. Stewart asked. if home owners could, be notified. when rou= tine flu~hing is made by the Fire Dept. The five year contract between A &,~ Utility Management and. the Town was moved. to be adopted. by Comm. Hackman, • seconded, by Comm. Beekman and, unanimously passed.. Mr. Dailey stated. that last year the pipes were supposed to have been flushed out to eliminate the brown sludge from the water tank. Mr. Hackman said. the pressure has been increased. to 65 pounds. . MINUTES- TOWN COMMISSION OF HIGHLAND BEACH- July 1, 1969 Page three Vice Mayor Vedd.er reporting on sewers said he received. a letter from Russell & Axon recommending securing lot 17A in Byrd. Beach for the purpose of in- stalling a sanitary sewerage pump station. Mr. Vedder said he contacted. the owner for an agreement and. was refused.. He read a resolution to acquire by condemnation said, lot and showed. a lift station drawing, explaining that it would. be about waist high and landscaped, so to be hidden. The question was asked. as to the procedure on eminent domain and. was answered. it requires a Commission vote and. then advertised. once every three weeks in a local news- paper, then taken before Court. Meanwhile the Town has the property app- raised. to provide a basis of payment to the owners. Comm. Beekman asked if any other land. could. be used. and Mr. Ved.der explained. that Russell & Axon states that it is necessary for the pump station to be at this location-50' or 60' at south end. of said. property. Comm. Hackman offered. the suggestion of using a sunken fiberglass construction pump station byt Mr. Vedder said. Russell &~~~ Axon recommended. this would not be satisfactory in this area. Comm. Beekman--made a motion that leg~a steps be taken and. Comm. McCook seconded. Comm. Hackman asked. who owns the property and. was informed. that it is Cain's Ocean Terrace. Miss Cain said. Mr. Klinek stated that a soil sample would determine the exact Vocation and. asked. if test borings could. be done before the Commission passes on it. Comm. Hackman stated. he would. like to check to find. a better location. Mr. Ved.der stated. that time is of the essence if the bobtail system is to completed. by Oct. 1st and. that this matter has bee o ered by the Town Attorney and. the Engineers. It was passed with Commf~nting. There was further discussion and. it was explained, again that this location was the • engineers decision. Comm. Beekman asked. what would. future builders be required. to contribute? Mr. Vedd.er answered. that a letter from Attorney Frank Watson, on file, ex- plains this on a connecting charge basis the same as the present contrib- utions from the builders. If these contributions do not pay for the entire system then Mr. Watson will suggest a plan to be worked. out later, and. that a referendum vote might be used,. Mr. Vedder explained that no federal or state funds are available. Further discussion was held. with additional comments by Miss Cain. Vice Mayor Vedder said. if negotiations could still be held. it would. be advantageous to all concerned.. Comm. Hackman stated. that he said before that a builder would. donate enough to pay for the entire system. Mr. Vedd.er stated, that the said. builder said. he would donate money at the same interest rate he borrowed. it at and M(QWld donate more as he gets building permits.. There was further discussion and explanations on costs, arrangements and. financing on the sewer system. Mr. Dailey offe~esd that the water plant has a 1,000,000 gal. daily capacity. ` Mr. Bill Stewart read. a report( page 4 of these minutes) on the police matter meeting with Sheriff Heid.tman, indicating that coverage for small communities might be arranged. and. submitted. a general idea of some figures on costs. There is also bei~vg submitted. a proposal from Wackenhut Inc., a private agency. The outstanding bills were read. and. Comm. McCook made the motion they be approved. for payment. Comm. Beekman seconded. and. it was unanimously passed.. • The meeting was adjourned. at 10:08 P. M. APPROVED ATTEST: G2~~~/~~~i_:__ ~ Town Cler ~F/ '- ~ ' Submitted by Wo Wm. Stewart at the Ta~an ~9eetang, ~SUIy 1, 1963 ~ , On the afterno®n of Thursday, dune l7, 1.59, I met with Palm Beach ~aun~°y Sher~f~', Willa.am Heidtma~± to ~7i.setiss ~r~tenti'al ~?ol~.ce ~°overage for the T~sc~ra~ of I-tagh~.aa~d Belch. Sher~.ff Heideman pointed ~sut th~rt ~.f Highland Belch enters rota an agree- ment for pcslice ~ratectian with any private agency such as ~ecaarity Police Inc., that the Towfl v,~uld first have_ to sign an unlimited hc+.ld harmless agreement with the Sheriff bef.'ore has office would dePutaze any ind3.viduals to be assigned to the Towns ~c~l3.eP ~cervice. A co~?y of the hold harmless agreement is attached hereto. Within the next fear weeks the. Sheriff ~~lans to meet c~$_th. has ~tterney, ReP. Agin Rees?, to determine the legal:it`r of contract ~?al:~ce services by Sheriff's deart+nents ~.n the Sfiso#-p of Fl:c~ra:da. He indicated tl:~t small town: 3n ath.e.r st~~°~cs s~~ch as ~~1.{forma have i'ounrl it canv~enient, economa- cal, and €~uccessft~.'_ to rontrac~t c~ith their Sheriff felt g~olace services that would ather~vas~ be ~rov~.t'ed by mEtn,iciaal ~}olice in lax~er camm~nit~es. Sheriff Headt~-~-n le~n~:s ~:~zath :~~4•~sr an this anpraach to =a~.ce r_~?ve.ra,ge far smai.l communi}i.es . He f'urtli.er indacatetl #:hat shaul*? such servr..es °~ass the test of lega~`:~tfiy n th:~_s St-r~fi€:~ 1?ighlancl ]leach might r,°aatt fio join. a t~o:~t and ssrvace sharing ~:rrangemPnt w{th several ether of the PFrlm ~e~c~± ~'nunty cornr~unaties that :! ae ~l~seag A1.. While he cc~t~ldr~''t be e~:~1.~_r.i~- ~:~t~tr1: c~nntr~etiaal cosh ~#- ~,~~r =~c~1']n.~ the Sher~'.ff agreed to er~m~;.l.e came f:t.~arefi ±-~ ~°vc ~,<~. ~ R~,~;~r<::~: .+~^:~ of ~~at servicees and ecruipm+ent t~auls~ die made ev labl.~ f~sr ~~~at moa~ey~ 1 nx~~ect to ]z.ear from 1°;Rr~ ir. the nea~~ f;~~~.ye t~s~ f~:s m~t~-^ra also attache ~srstt ~til.l. fins semi c~c±rrent `'c~nst ~~~rE~ r~ cs ~ f~r~e~1.3 ce services in 1'a~.m Beach ~:~itnt~y ca~~niira~.tie u