1972.12.05_TC_Minutes_Regular MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - December 5 1972
The regular meeting of the Town Commission was called to order by Mayor Horton on
Tuesday, December 5, 1972 at 7:10 P.M. All Commissioners were present. Also in
attendance were the Town Administrator, the Police Chief and the Chief Building
Inspector.
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Mayor Horton reported that the Commission had met in a Workshop session on November
28th, to consider and interview three persons interested in serving on the Town
Commission. They unanimously preferred Mr. Morton Gilday. The Mayor read
Resolution No. 208 , to fill the vacancy created by the resignation of Commissioner
F. R. Jurisch; appointing Mr. Morton E. Gilday to the Town Commission. Commissioner
Joy moved to approve and Vice Mayor Dent seconded. The following votes were
recorded: Mayor Horton, Aye - Vice Mayor Dent, Aye - Commissioner Joy, Aye -
and Commissioner Mumford, Aye. Mayor Horton then appointed Commissioner Gilday to
head a police committee - toward arrangements regarding a municipal court and to
head a legal committee that could be a liaison with the Town Attorney. He asked
in particular that Commissioner Gilday study the Highland Beach Utility franchise
contract.
The minutes of the regular meeting on November 8th were read. After a correction
that Seagate of Highlands has no fire drills at the present time, the minutes were
approved. The minutes of the special meeting of November 10th, the special meeting
of November 21st, and the special meeting of November 25th were approved as read.
The minutes of the workshop meeting of November 28th were read. After an addition
of the inclusion: "Mr. Gilday was the unanimous preference of the Commission; the
minutes were approved.
Mayor Horton commented on several items that were included in newspapers recently:
the Miami Herald article should have read, "Highland Beach is not as affluent as
Palm Beach "; on the Boca News articles, the Mayor suggested to ignore the source
and forget it; and the excellent and flattering color picture of the Police force,
which appeared in the Monday Post Times is available for all to see.
Mayor Horton read a letter received from contractor, Mr. John B. Roberts, directed
to the Board of Adjustment. It will be turned over to them after the appointments
made at tonight's meeting.
The Mayor read an announcement of the Palm Beach County Municipal League meeting in
West Palm Beach on Friday, December 8th, at 1:30 P.M. He reported on the social
meeting held in November at Belle Glade, which was attended by himself, the Dents,
the Joys and Mrs. Roberts.
Mayor Horton read a letter received from the Florida Utilities Coordinating committee,
which included a Resolution attempting to resolve conflicts over outdoor signs and
canopy locations if they are in a public right -of -way. No action was taken.
EXECUTIVE COMMITTEE The Mayor read a letter received from the Chairman of
the Community Appearance Board informing that Mr. Jack
Dorson would be unable to serve as an alternate on that board and further suggesting
Mr. Don Rex as a consideration for replacement. Commissioner Mumford moved Mr.
Rex's appointmentbe accepted and Commissioner Joy seconded. The following voted:
Mayor Horton, Aye - Vice Mayor Dent, Aye - Commissioner Gilday, Aye - Commissioner
�� Joy, Aye - and Commissioner Mumford, Aye.
MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - December 5 1972 - Page 2
Mayor Horton read a letter received from Mr. and Mrs. Howard Slagle, protesting
the cutting of the dune at any time and also the 30' setback from the easterly
AlA right -of -way. All the Commissioners received copies of this letter, urging
them to reconsider this question and protect the dune from any cutting. The
letter further stated that the 30 foot front setback might put nearly every
house on a non - conforming class. The Mayor said he will answer this letter.
The Mayor read a letter received from the Insurance Services Office regarding the
fire defenses in Highland Beach. The letter included recommendations that would
justify a Class 9AA classification and also for a Class 8 for the Town.
Discussion followed. Mayor Horton and Commissioner Joy will confer and study
this matter further.
Mayor Horton read a letter received from the Bel Lido Property Owners Association,
Inc., Mr. Earl Totz, President, requesting several amendments be considered by the
Town Commission and the Planning Board. This was referred also to the Planning
Board.
The Mayor reported that the 3200 suit was decided in favor of the Town, but that
the Radice Company will probably appeal. Regarding the Urbanek -Civic League ,
suit, our attorney has applied for a re- hearing and if it is not granted, the 4<0-J
decision will arise whether or not to appeal.
TAX & FINANCE Mr. A. C. George, Finance Commissioner, explained the
November financial statement and suggested to divide
both bond issues and the tax income into twelve months' figures; and to keep a
separate statement of tax collections.
BUILDING Vice Mayor Dent reported that CGC Corp. obtained a
permit to refurbish Beach Terrace, which they
recently acquired. He added that there are two 4- plexes under way, with one more
soon to be; that a permit will soon be issued for eight Townhouses on Bel Air
Drive; that Mr. Ellsworth and Mr. Dugan have applied for a multi- family unit permit
to be built on the north side of Bel Air Drive; that several houses are under
construction on Bel Lido island and that Boca -Hi has a land fill program under way
in preparation for their new entrance. Vice Mayor Dent suggested to change the
provision for the 40 foot setback west of AlA to be in living landscaping, in the
RM 10 section only. Discussion followed.
PUBLIC WORKS Mayor Horton appointed Co issioner Joy to the Chairma�
of the Water and Sewer,
Public Works. Commissioner Joy read his report, suggesting further improvements 1 U
the Bel Lido area. A copy of this has been sent to Carr Driveway Company with a U
request for a cost estimate. Commissioner Joy said he has asked Col. Barrie
Burnside to join Mr. Frank Scofield on this committee.
PUBLIC HEALTH & ENVIRONMENT No report
ZONING Chairman Ralph Walton reported that the Planning Board
is receiving requests for zoning changes. He said
he will meet with the Town Attorney to clarify the procedure.
POLICE Chief Jones reported that a full crew is now on duty
and that the new telephone stickers will be available
shortly. He asked what rate to pay for overtime duty and Commissioner Joy moved
MINUT9S: REGULAR MEETING OF THE TOWN COMMISSION - December 5, 1972 - Page 3
to pay time and one half for ordered overtime. Commissioner Gilday seconded and
the following voted aye: Mayor Horton, Vice Mayor Dent, Commissioner Joy, Commissioner
Gilday and Commissioner Mumford. There were no nay votes.
COMMUNITY APPEARANCE BOARD No report.
Mayor Horton proposid the following as members of the Board of Adjustment:
3 Year Term - Messrs. Richard Kemper and Francis Johnson
2 Year Term - Mrs. Natalie Jones and Mr. Frank Scofield
1 Year Term - Mr. Herb Watson
Alternates:
1 Year Term - Messrs. Robert Gwynn and William Warnecke
Commissioner Gilday moved these be accepted and Vice Mayor Dent seconded. The
following voted aye: Mayor Horton, Vice Mayor Dent, Commissioner Gilday, Commissioner
Joy and Commissioner Mumford. Mayor Horton is calling an organizarion meeting for
Tuesday, December 12th at 7:30 P.M. and asked Mrs. Roberts to notify the members
and give them copies of the Florida Statute 163 and the zoning ordinance when it is
printed. Mr. Dan Abernathy has offered to meet with this board and the Town
Commission to explain their proceedings. This meeting will be arranged.
�.� Town Administrator, Mrs. Roberts, reported the Post Office sales were almost double
over last year for the month of November. She stated that Mr. Arney flushed the
total number of fire hydrants on November 20th and November 21st. Mrs. Roberts
explained two bids received for the printing of the Zoning Ordinance: one for
$510.00 and one for $385.00. Discussion followed. Commissioner Gilday moved to
leave this decision to the discretion of the Town Administrator and Vice Mayor Dent
seconded. There were five aye votes: Mayor Horton, Vice Mayor Dent, Commissioner
Gilday, Commissioner Joy and Commissioner Mumford. Mrs. Roberts read a letter
received from the City Attorney in Boca Raton which contained an agreement between
that City and the Town of Highland Beach to house any prisoners of the Town in the
Boca Raton jail for a fee. Mayor Horton read the agreement and Commissioner Gilday
moved to execute and approve. Commissioner Mumford seconded and the following voted
yes: Mayor Horton, Vice Mayor Dent, Commissioner Gilday, Commissioner Joy and
Commissioner Mumford.
Resolution No. 209 was read which amended Resolution No, 175 ; to provide a grace
period and a penalty thereafter for assessments paid in full in Improvement District
No. 1. Commissioner Gilday moved this be passed znd Vice Mayor Dent seconded. The
following voted aye: Mayor Horton, Vice Mayor Dent, Commissioner Gilday, Commissioner
Joy and Commissioner Mumford.
The following Ordinances were re- enacted after a reading in full on November 25th.
Ordinance No. 187 vacated and abandoned Florida Avenue, Commissioner Mumford
moved this be approved and Commissioner Gilday seconded. The
following voted aye: Mayor Horton, Vice Mayor Dent, Commissioner
Gilday and Commissioner Mumford. Commissioner Joy abstained.
Ordinance No. 188 regulates land fill, provides for permit and fee. Commissioner
MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - December 5 1972 - Page 4
Joy moved to approve and Commissioner Gilday seconded. The
following cast aye votes: Mayor Horton, Vice Mayor Dent,
Commissioner Gilday, Commissioner Joy and Commissioner Mumford.
Ordinance No. 189 provides for initiative, referendum and recall. Commissioner
Joy moved for adoption and Vice Mayor Dent seconded. The
following voted yes: Mayor Horton, Vice Mayor Dent, Commissioner
Gilday, Commissioner Joy and Commissioner Mumford.
Ordinance No. 190 provides for acquisition of real property to be used for
municipal purposes by the Town. Commissioner Gilday moved
for approval and Vice Mayor Dent seconded. The following
cast aye votes: Mayor Horton, Vice Mayor Dent, Commissioner
Gilday, Commissioner Joy and Commissioner Mumford.
Ordinance No. 191 ratified Resolution No. 194 which authorized the sale of
$965,000 G. 0. Bonds. Commissioner Joy moved this be adopted
and Commissioner Gilday seconded. The following voted yes:
Mayor Horton, Vice Mayor Dent, Commissioner Gilday,
Commissioner Joy and Commissioner Mumford.
Ordinance No. 192 amends Sec. 3 of the Air Conditioning Code. Vice Mayor Dent
moved this be adopted and Commissioner Joy seconded. The
following voted yes: Mayor Horton, Vice Mayor Dent,
Commissioner Gilday, Commissioner Joy and Commissioner Mumford.
Ordinance No. 193 provides for tree preservation, issuance of permits. Commissioner
Mumford moved this Ordinance be approved and Commissioner Gilday
seconded. The following cast aye votes: Mayor Horton, Vice
Mayor Dent, Commissioner Gilday, Commissioner Joy and Commissioner
Mumford.
Ordinance No. 194 creates a Community Appearance Board. Commissioner Joy moved
for adoption and Commissioner Mumford seconded. The following
yes votes were cast: Mayor Horton, Vice Mayor Dent, Commissioner
Gilday, Commissioner Joy and Commissioner Mumford.
Ordinance No. 195 amends permit fee schedule of Southern Standard Building Code.
Vice Mayor Dent moved for approval and Commissioner Gilday
seconded. The following voted yes: Mayor Horton, Vice Mayor
Dent, Commissioner Gilday, Commissioner Joy and Commissioner
Mumford.
Ordinance No. 196 amends the Air Conditioning Code. Commissioner Joy moved this be
adopted and Vice Mayor Dent seconded. The following cast aye
votes: Mayor Horton, Vice Mayor Dent, Commissioner Gilday,
Commissioner Joy and Commissioner Mumford.
Ordinance No. 197 amends the electrical code. Commissioner Mumford moved this be
adopted and Vice Mayor Dent seconded. The following voted aye:
Mayor Horton, Vice Mayor Dent, Commissioner Gilday, Commis sioner
Joy and Commissioner Mumford.
Ordinance No. 198 established the Comprehensive Zoning. An amendment, which is
i MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - December 5 1972 - Page 5
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an addition to the Hurricane and Flood Damage protection
section, reads as follows: "The laws and ordinances
concerning land use and control and other measures
designed to reduce flood losses shall take precedence
over any conflicting laws, ordinances, or codes."
Commissioner Gilday moved this be approved and Vice
Mayor Dent seconded. The following voted yes: Mayor
Horton, Vice Mayor Dent, Gommissioner Gilday, Commissioner
Joy and Commissioner Mumford. Commissioner Gilday then
moved to adopt the Comprehensive Zoning Ordinance as
amended and Vice Mayor Dent seconded. The following cast
aye votes: Mayor Horton, Vice Mayor Dent, Commissioner
Gilday, Commissioner Joy and Commissioner Mumford.
Ordinance No. 199 completes section 18 of Ordinance 198 repealing all previous
zoning ordinances of the Town of Highland Beach. Vice Mayor
Dent moved it be adopted and Commissioner Joy seconded. The
following voted aye: Mayor Horton, Vice Mayor Dent, Commissioner
Gilday, Commissioner Joy and Commissioner Mumford.
Resolution No. 210 was read which appoints Vernon E. Foster, Chief Building
Inspector, to the position of Administrative Official of thr zoning ordinance with the
responsibility for the issuance of building permits, also designating Town Administrator,
Elaine W. Roberts, with the responsibility for the issuance of building permits in
the absence of the Administrative Official. Vice Mayor Dent moved for approval and
Commissioner Mumford seconded. The following voted yes: Mayor Horton, Vice Mayor
Dent, Commissioner Gilday, Commissioner Joy and Commissioner Mumford.
There was discussion regarding negotiation of the property next door.
Regarding the tabled Cable TV Ordinance, Mrs. Roberts suggested to have a representative
from Teleprompter Company present at next workshop meeting on January 4, 1973 -
7:30 P.M.
Because of the holidays, it was decided to postpone the next regular meeting to
January 9, 1973.
The accounts and bills were approved for payment.
Meeting adjourned at 10:00 P.M.
APPROVED
r
'Z
ATTEST:
Town Clerk
DATED: q ���
} RESOLUTION NO.
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, APPOINTING
A MEMBER OF THE TOWN COMMISSION TO FILL THE VACANCY
CREATED BY THE RESIGNATION OF COMMISSIONER F. R. JURISCH.
WHEREAS, Commissioner F. R. Jurisch resigned from the Town
Commission of the Town of Highland Beach effective November 8, 1972 and,
WHEREAS, the Town Charter provides that in case of a vacancy
in the Commission, the remaining Commissioners, within 30 days after the
beginning of such vacancy, shall fill such vacancy by appointment, by
Resolution, until the next regular general election, by vote of the
remaining members of the Commission,
NOW THEREFORE, Be It Resolved by the Town Commission of the
Town of Highland Beach, to appoint
to the Town Commission, to serve out the unexpired term.
PASSED AND APPROVED this day of 1972.
MAYOR
ATTEST:
Town Clerk
RESOLUTION NO.
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, AMENDING RESOLUTION NO. 175
WHICH PROVIDED FOR THE METHOD OF PAYMENTS FOR THE
IMPROVEMENTS IN IMPROVEMENT DISTRICT NO. 1, TO INCLUDE
A GRACE PERIOD FOR ASSESSMENTS PAID IN FULL.
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WHEREAS, Resolution No. 175 adopted May 12, 1971, provided
for the assessment payments to be paid in full within 30 days after
the improvements had been accepted by the Town Commission, and
WHEREAS, Resolution No. 202 adopted October 10, 1972,
accepted the completed improvements in Improvement District Number 1,
and
WHEREAS, it seems prudent to provide for a grace period
for the collection of these assessment payments in full,
NOW THEREFORE, Be It Ordained by the Town Commission of the
Town of Highland Beach to extend the payments in full to 90 days,
without interest, after the adoption of Resolution No. 202 October
10, 1972; after which a penalty of 1 %..per month be charged, until
paid.
PASSED AND APPROVED this S day of ✓ / /���,,,,, - ,lx✓ , 1972.
MAYOR V
ATTEST:
RESOLUTION NO. zlu
C
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, APPOINTING VERNON E. FOSTER,
CHIEF BUILDING INSPECTOR, TO THE POSITION OF
ADMINISTRATIVE OFFICIAL OF THE ZONING ORDINANCE
WITH RESPONSIBILITY FOR THE ISSUANCE OF BUILDING
PERMITS, ALSO DESIGNATING TOWN ADMINISTRATOR
ELAINE W. ROBERTS WITH THE RESPONSIBILITY FOR
THE ISSUANCE OF BUILDING PERMITS IN THE ABSENCE
OF THE ADMINISTRATIVE OFFICIAL.
WHEREAS, The Town has adopted a Comprehensive Zoning
Ordinance, which is Ordinance No. 198, and
WHEREAS, there is reference therein to the position of an
Administrative Official, and
WHEREAS, as said Administrative Official is given the
duty to issue building permits,
NOW THEREFORE, Be It Resolved, by the Town Commission of
the Town of Highland Beach, that Vernon E. Foster be hereby appointed
Administrative Official; also that Elaine W. Roberts, Town Administrator,
be granted power to act in his absence.
PASSED AND APPROVED this h day of p LQ�`J, 1972.
MAYOR
ATTEST:
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