1973.05.01_TC_Minutes_Regular i
MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - May 1, 1973 - 7.10 P.M
u
The regular meeting of the Town Commission was called to order by Mayor
Horton on Tuesday, May 1, 1973, at 7:10 P.M. All Commissioners were present,
as well as the Town Administrator, the Police Chief, and the Zoning and
Building Administrator.
Mayor Horton announced the Town Hall dedication date will be set later.
The Mayor read a letter received from the Community Appearance Board requesting
that Mr. Martin Johnson be appointed as an alternate delegate. Commissioner
Gilday moved this be approved and Vice Mayor Dent seconded. The following
voted aye: Mayor Horton, Vice Mayor Dent and Commissioners Gilday, Joy, and
Mumford.
Mayor Horton read a letter received from the Oliver- Hoffman Company objecting
to the proposed elevated water storage tank. He reported that the Planning
Board approved this at their Public Hearing held on April 5th.
The Mayor read two letters received from the Highland Beach Civic League:
1. Containing comments pertaining to the Urbanek settlement
agreement, and
2. Requesting that the Town Commission introduce an Ordinance
banning land and /or recreation leases. Mr. Frank Pond read
a letter he had received from State Representative William
Andrews explaining a bill to be passed in State Legislature
regarding this and stating that Municipalities cannot take
action on this matter.
The Mayor read two letters received from Dr. Edmund J. Colton:
1. Requesting a Chartered Bank in Town and offering his assistance.
Mayor Horton answered that this matter had been raised at
various times but that the concensus is that the Town should
remain a residential community. Perhaps it will be considered
at some future time.
2. Objection to the condition of the property across A-1 -A from
his property - -the Whitehouse. Mayor Horton answered that it
is a health hazard and that it has been discussed for the
past few years. He added that he will answer Dr. Colton's
letter directly.
Mayor Horton read correspondence received from the Community Appearance Board
reminding that permits are required for tree removal under Ordinance 193. Vice
Mayor Dent answered he will see that permits are issued. The CAB is working on
recommendations for several changes in the Sign Ordinance.
The Mayor read a letter and Resolution opposing placement of Palm Beach County
in Region 10, received from Boynton Beach.
TAX & FINANCE: Finance Commissioner Ben Abbott thanked the Commission for their
confidence in appointing him Chairman of the Finance Committee. He explained
the April Financial Statement, that the Town is in sound financial condition
and commended the Mayor and the Town Administrator for the lucrative investment
program.
BUILDING : Vice Mayor Dent reported that the Holiday Inn submitted a site plan,
MINUTES: REGU R _
LA MEETING OF THE T _
OWN COMMISSION May 1 1973 Page e 2
that we have received full plans from Monterey House East, that no plans have
been received from Mr. Urbanek yet, that 3200 Developer may submit revised
plans as a settlement offer and that CGC Corporation was shut down by the
Building Inspector because of a violation and they they can resume after
corrections.
PUBLIC WORKS AND WATER: Commissioner Joy reported that the Water Plant
plans are completed and that the specifications are to be sent to the
Health Dept. for approval, then advertised for bids with construction due
to start within 45 -60 days. He further reported that the transfer pump
and the automatic device were ordered several weeks ago. Since we have been
using high amounts of water, he stated we should start engineering the water
treatment plant facilities soon. Discussion followed and Commissioner Joy
reminded that we could enforce the Ordinance restricting water usage during
drought conditions, if necessary. Mayor Horton explained background infor-
mation on the three phases of the Water Expansion Program to be started soon.
Mr. Howard Williams initiated discussion regarding the sewage system and the
interim treatment plant.
PUBLIC HEALTH AND ENVIRONMENT Commissioner Mumford reported that the
dedication committee is working. She read a letter received from the
Zoological Society requesting solutions from funding and financial support.
Mrs. Roberts stated that she had prepared a Resolution regarding this, to
be read later.
PLANNING & ZONING: Vice Chairman Kemery reporting on Planning Board meetings,
read a motion rezoning a certain section of RM 30 for municipal services
passed by a unanimous vote of the Board. Mr. Kemery said another matter
discussed concerned changes in RS 1 in Byrd Beach and RM 10 districts to
provide parking and landscaped buffer strips. Discussion followed.
POLICE & LEGAL: Commissioner Gilday reported the police force is operating
smoothly, the Court Revenue to date is $1,285.00 after expenses, from
January 29 to April 23rd. He reported that the 3200 Development Corp. suit
is awaiting appeal; in the Van Lennep suit no trial date has been set; and
for the Healy suit an answer was sent after the complaint was served but no
trial date set yet.
TOWN ADMINISTRATOR Mrs. Roberts read a report for the traffic count of
April 2nd -- for a 24 hr. period:
South: 4 - 1973 3 - 1972
North: 3,928 - 1973 4,176 - 1972
She said she has written to the Department of Transportation requesting an
Engineering Traffic Study in the 2900 to 3300 blocks of South Ocean Blvd. and
in the Boca -Hi area. Mrs. Roberts summarized the meeting she attended re:
State Region 10 on April 18 in West Palm Beach. She read letters received from
Mrs. Houck and Mr. Hyland, property owners in Highland Beach Isles, objecting
to trespassers and building material being placed on their lots. Mrs. Roberts
answered that "No Trespassing" signs will be placed on any properties that
owners request and that letters stating this have been sent to owners of lots on
Highland Beach Drive, Bel Air Drive and Russell Road. She reported arranging
for a tra di and litter pickup through Town, which will be completed shortly.
Mrs. Roberts stated that the Resolution honoring Mr. Allen George was typed on
parchment, framed and presented to Mrs. George on May 1st. Mrs. George said
she was very honored; that her husband really enjoyed his work with the Town.
MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - May 1 1973 - Page 3
Resolution No. 219 relating to the Florida State Comprehensive Planning Act
of 1972 and Regional � g Government was read and moved for adoption by
Commissioner Gilday. Vice Mayor Dent seconded and the following voted:
Mayor Horton - no, Vice Mayor Dent, Commissioners Gilday, Joy and Mumford -
yes. Mayor Horton explaining his no vote, stated he agrees with the
State Region concept for planning, mass transportation, and for a closer
center for consultation with various agencies now centered in Tallahassee.
Discussion followed.
Resolution No. 220 urging the State Legislature not to defer advance treat-
ment of sewage treatment to 1975 was read and moved for adoption by Mayor
Horton. Commissioner Mumford seconded and the following voted yes: Mayor
Horton, Vice Mayor Dent and Commissioners Gilday, Joy and Mumford.
Resolution No. 221 requesting the County Commission to provide fiscal
assistance to the Palm Beach County Zoological Society, which operates
the only zoo in Palm Beach County. Commissioner Joy moved it be approved
and Commissioner Mumford seconded. The following voted yes: Mayor
Horton, Vice Mayor Dent and Commissioners Gilday, Joy and Mumford.
Resolution No. 222 urging the Florida Legislature to enact legislation
clearly authorizing the levy of occupational licenses by each local
municipality and directing that occupational license revenue received by
various counties of the state be distributed to local municipalities on a
u proportionate basis. Commissioner Gilday moved this be adopted and Vice
Mayor Dent seconded. Discussion followed. The following voted in favor:
Mayor Horton, Vice Mayor Dent, and Commissioners Gilday, Joy and Mumford.
Resolution No. 223 appointing Commissioner Gilday as an official representa-
tive of the Town at the 21st World Conference of the International Union
of Local authorities in Lausanne, Switzerland, June 25 through the 29th.
Vice Mayor Dent moved this be approved and Commissioner Joy seconded. The
following voted for: Mayor Horton, Vice Mayor Dent and Commissioners
Joy and Mumford. Commissioner Gilday abstained.
The proposed Ordinance amending the Fire Code Ordinances.was tabled for
further study.
A proposed Ordinance, adopting the State Sanitary Code and further establish-
ing minimum standards of hygiene for Food establishments had a first reading.
There was discussion regarding the Town - Urbanek settlement agreement.
The bills and accounts were approved for payment.
MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - May 1, 1973 - Page 4
The meeting adjourned at 10 :40 P.M.
APPROVED
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A
ATTEST:
• Tow lerk
DATE: ' ���
- r
RESOLUTION NO.
A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF HIGHLAND BEACH, HIGHLAND BEACH,
FLORIDA RELATING TO THE FLORIDA STATE
COMPREHENSIVE PLANNING ACT OF 1972, ITS
COMPANION LEGISLATION, AND REGIONAL GOVERNMENT.
WHEREAS, the Florida State Comprehensive Planning Act of 1972
authorized:
(a) the establishment of particular geographical
boundaries within the State of Florida (ostensively for the
purpose of state agency planning) and,
(b) the creation of the Division of State Planning
to coordinate these regions, and
WHEREAS, the Governor and his administration have divided the
State of Florida into ten multi - county regions or "sub- states" in which
appointed regional councils and agents will assume authority previously
and properly reserved to elected municipal and county officials, and will
assume control and regulation over land, business, developments, utilities,
production, services, property and people, which control and regulation has
never been delegated to any government by the people of Florida, and
WHEREAS, the Florida State Comprehensive Planning Act of 1972, and
its companion bill, the Florida Environmental Land and Water Management
Act of 1972, together with a funding bill to be introduced in the 1973 legis-
lative session to be known as the Florida State Multi- County Planning
Commissions Act of 1973 will establish Regional Government in the State of
Florida, and
WHEREAS, the ten regional divisions of the State of Florida and
their respective regional councils correspond in function, and regulation
with the recent division of the United States into ten federal regions by
virtue of Executive Order 11647 - Federal Regional Councils promulgated by
the President on February 12, 1972, and
WHEREAS, the Federal Region - Sub -State regional government
system will seize the power and authority which properly belongs to municipal
and county governments and even to sovereign states, and will bypass these
traditional and constitutional governmental bodies, and will usurp the rights
and freedoms of individual citizens guaranteed by the Constitution of the
State of Florida and the Constitution of the United States of America,
NOW, THEREFORE, BE IT RESOLVED by the Town Commission of the Town
Of Highland Beach, Highland Beach, Florida, that:
1. We urge the repeal of the Florida State Comprehensive Planning
Act of 1972.
2. We urge the repeal of the Florida Environmental Land and Water
Management Act of 1972.
3. We urge the defeat of the Florida State Multi- County Planning
Commissions Act of 1973 and any other legislation introduced to create, expand,
implement, or fund regional government in the State of Florida.
4. We request that a joint committee of the Florida House of
Representatives and the Florida Senate be created to conduct a thorough
investigation into regional government, and the constitutionality of the
actions of the federal agencies in relation thereto.
5. We urge every elected municipal official and every county
commissioner to join with us in respectfully requesting our state legislators
to take all necessary action to defeat regionalism and return government to
the people through their properly elected representatives.
6. We direct that a copy of this resolution be sent to the Palm
b,/ Beach County Commission, the Palm Beach County Municipal League and each
member of the Palm Beach County Legislative Delegation.
PASSED AND ADOPTED THIS day of ,
1973. 1 - t
TOWN OF HIGHLAND BEACH
By: L id -r'ti'
Louis Horton, Mayor
ATTEST:
& ' 4
Town Cler
(seal)
RESOLUTION NO. ."2;0 --
RESOLUTION REQUESTING THE LEGISLATIVE DELEGATION
OF PALM BEACH COUNTY TO WITHHOLD SUPPORT OF
PRE -FILED HOUSE BILL NO. 227, WHICH BILL WOULD
DEFER THE EFFECTIVE DATE OF JANUARY 1, 1973,
REQUIRING SEWAGE TREATMENTS PLANTS TO MEET A
MINIMUM OF 90% BOD REMOVAL.
WHEREAS, the Honorable Thomas F. Lewis, a member of the
House of Representatives, State of Florida, has announced that he
will pre -file House Bill No. 227 to defer the effective date of
January 1, 1973, until June 30, 1975 when sewage plants within
the State of Florida shall be required to treat effluent at a
minimum of ninety (90) percent BOD removal; and
WHEREAS, the mandatory deadline of January 1, 1973, was
placed in legal effect more than two years prior to its effective
date and there is still non - compliance throughout the State; and
WHEREAS, the health and welfare of the community are
deeply involved as are all phases of the construction industry, and
each has a vested interest in the subject at hand; and
WHEREAS, there is no assurance that any new deadline will
be met by extending the date to June 30, 1975; and
WHEREAS, State and local governmental agencies have
contributed to failure of sewage plants to comply by contradictory
and diverse rulings as to proper disposal of sewage effluent; and
WHEREAS, these State and local agencies have failed to
provide the proper guidelines that would result in the required
goals; and
WHEREAS, the City Council of Palm Beach Gardens, Florida
and the Village Council of Tequesta, Florida have taken similar
action.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF
THE TOWN OF HIGHLAND BEACH, FLORIDA:
Section 1 . The Legislative Delegation of Palm Beach
County, be and it is hereby requested, to direct their efforts to
provide through legislative action, a cohesive plan to implement
and achieve the treatment required by present law without further
delay.
Section 2. The Legislative Delegation of Palm Beach
County, be and it is hereby requested, to oppose any change in the
present mandatory requirement that all sewage plants operating
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Section 3. Vie Town Clerk be and is hereby authorized
and directed to send a copy of this Resolution to all members of
the Legislative Delegation of Palm Beach County, the County
Commission of said County, all municipalities of the County, and
to @ii C P - 11 }14t @@@ of th@ $tat@ liAU @@ of R @PF @ w4t44vo§ to Whom
attic Ey00- bi but �4butd bb kP_ftk Ed UiI4 ltg igiaLivt 0f6b @Att @ §:
"PASSED AND ADOPTED THIS DAY OF p , 1973.
By
Louis Horton, Mayor
V
5oowr� Seal)
ATTEST:
10,
Elaine W. Roberts,
RESOLUTION NO.
A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF HIGHLAND BEACH, HIGHLAND BEACH,
FLORIDA TO THE PALM BEACH COUNTY COMMISSION
REQUESTING THE COUNTY COMMISSION TO PROVIDE
FISCAL ASSISTANCE TO THE PALM BEACH COUNTY
ZOOLOGICAL SOCIETY WHICH OPERATES THE ONLY
LARGE -SCALE ZOO IN PALM BEACH COUNTY.
WHEREAS, the Palm Beach County Zoological Society operates the
only large -scale diversified zoological facility in Palm Beach
County; and
WHEREAS, this facility is utilized by all of the citizens of
Palm Beach County, including the various schools which conduct
field trips to the zoological gardens, various youth groups, e. g.,
Boy Scouts, Girl Scouts, church groups, etc.; and
WHEREAS, the facility operated by the Palm Beach County Zoolog-
ical Society is of great benefit from an educational and recreational
aspect to all of the citizens of Palm Beach County; and
WHEREAS, the Town Commission of the Town of Highland Beach
acknowledges that the continued operation and expansion of such facility
is of great educational and recreational value to all of the citizens
of Palm Beach County; and
WHEREAS, such facility is operating on a very limited budget and
there is a great need for additional funds to operate, improve and
expand the facility.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE
TOWN OF HIGHLAND BEACH, HIGHLAND BEACH, FLORIDA:
That the Palm Beach County Commission is requested to consider
extending financial support to the Palm Beach County Zoological Society
in order to improve and expand this facility which is of great benefit
to all of the citizens of Palm Beach County.
PASSED AND ADOPTED THIS day of v' ,
1973.
TOWN OF HIGHLAND BEACH
Loui Horton, Mayor
(Town seal -)
ATTEST:
Town Clerk
.i
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F
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1
RESOLUTION NO.
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND
BEACH, HIGHLAND BEACH, FLORIDA URGING THE FLORIDA LEGISLATURE
TO ENACT LEGISLATION CLEARLY AUTHORIZING THE LEVY OF OCCUPA-
TIONAL LICENSES BY EACH LOCAL MUNICIPALITY IN A DISCRETIONARY
MANNER AND DIRECTING THAT OCCUPATIONAL LICENSE REVENUE RECEIVED
BY THE VARIOUS COUNTIES OF THE,STATE BE DISTRIBUTED TO LOCAL
MUNICIPALITIES ON A PROPORTIONATE BASIS.
WHEREAS, in 1972 the Florida Legislature, as a result of an
adverse court decision, recognized and extended the authority of
cities to levy occupational licenses, and
WHEREAS, the Legislation is scheduled to expire October 1, 1973,
and
WHEREAS, recent studies have indicated that municipalities in
Florida realize approximately 26 million dollars per year from the
source of revenue, and
WHEREAS, the Florida Constitution and Florida Legislature has
severly curtailed discretionary local sources of revenue to municipal
government, and
WHEREAS, occupational license revenue, in many instances, have
been pledged to repayment of bonds, and
WHEREAS, occupational licensing authority is essential for the
regulation of business activity in Florida cities as well as serving
as a major source of revenue;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN
OF HIGHLAND BEACH, HIGHLAND BEACH, FLORIDA:
That the Florida Legislature enact legislation that will clearly
authorize the levy of occupational licenses by each municipality for
regulation and revenue in a discretionary manner based on any fair and
equitable method of measurement,
BE IT THEREFORE RESOLVED that in the event occupational licensing
authority to the counties is continued, the revenue received by the counties
be distributed to municipalities based on proportion of population or sales
tax collections.
PASSED AND ADOPTED THIS /'4 day of
1973.
TOWN OF HIGHLAND BEACH
B -�..
_ Y•
Lou's Horton, Mayor
(Town seal)
ATTEST:
RESOLUTION NO.
AT A REGULAR MEETING OF THE TOWN COMMISSION
OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
HELD ON THE 1st DAY OF MAY, 1973
BE IT RESOLVED:
That Commissioner MORTON E. GILDAY be, and he
hereby is appointed and authorized to represent the Town of
Highland Beach, Florida at the 21st World Conference of the
International Union of Local authorities to be held in
Lausanne, Switzerland from the 25th through the 29th of June, 1973.
It is understood that Mr. Gilday will pay his own
expenses in connection with the said conference.
i
PASSED AND ADOPTED THIS DAY OF / , 1973.
By �" le- , 72
Lis Y, H Mayor
;Town seal).
ATTEST-
L
Town Clerk