1976.09.08_TC_Minutes_Regular• TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
Regular Meeting
September 8, 1976 1:30 P.M.
Meeting called to order by Mayor Morton E. Gilday at 1:30 P.M.
Present were.
Morton E. Gilday, Mayor
William S. Hults, Vice Mayor
Leslie W. Joy, Commissioner
Robert D. Clark, Commissioner
Absent: Ruth E. Mumford, Commissioner
Also in attendance:
Thomas E. Sliney, Town Attorney
Elaine W. Roberts, Town Manager
Anton Drasal, Finance Director
• Kathryn M. Borgemenke, Town Clerk
PLEDGE OF ALLEGIANCE
Mayor Gilday announced that the order of the agenda today
would be altered slightly.
The Mayor called for a Motion to dispense with the reading
of the minutes for the month of August. He stated that all
of the members of the Commission had read the minutes.
MOTION by Vice Mayor Hults/Commissioner Clark: "I so move".
ROLL CALL on the Motion Carried 4 - 0.
PUBLIC REQUESTS
Mayor Gilday noted that a request had been received by the
Town from David Faust, attorney for August Urbanek, to be
heard at this time.
Thomas Becker, attorney for the Town of Highland Beach, was
• recognized by the Mayor and made a very brief statement.
Mr. Becker stated that any statements made during this
Minutes Highland Beach
Town Commission
• Regular Meeting
September 8, 1976
Page 2 of 8
meeting by either the Commission, Mr. Faust, Mr. Urbanek and
any other person at this meeting should not be held preducial
to them in litigation and any positions taken would be in the
way of settlement negotiation and could not be used in
evidence by either party in the event of further court hearings..
The Mayor and Commissioners were in full agreement with this
statement.
Mayor Gilday introduced Mr. David Faust. Mr. Faust reviewed
the past happenings between the Town and Mr. Urbanek. He
went on to request that the Town waive the expiration in
return for some concessions that his client might make.
Discussion followed relative to the location of the sites in
question, the allowable units to be built if the expiration
does run out, additional sites not to be built upon (it was
noted that these sites no longer belong to Mr. Urbanek, as
• he so assured), etc.
Mayor Gilday noted that the stipulation and court order
provided that the permit should expire at such time that it
becomes impossible to complete construction within the given
time. The Mayor noted that this would be October of this
year and final by April 1977.
Discussion followed pertaining to density, the interests of
the Town, market price for additional apartments, the upgrading
of the units, the cost of the land and its appreciation.
Mr. Becker noted various case laws, strain on utilities and
traffic, litigation, planning process, a complete negotiation
of the 1,280 units (Mr. Urbanek's property as well as Mr.
Mangurian's).
Mr. Becker suggested that the Town should get a statement:
No. 1. A time certain for Mr. Urbanek that this could be
pinned down.
No. 2. That all of the property covered by the stipulation
• (all of the 1,280 units left that have not been built)
that Mr. Urbanek wishes to build on which will result
in 56 units more than the present allowable density;
except for those the Town will have a totally free
hand to deal with in the planning process.
Minutes Highland Beach
Town Commission
• Regular Meeting
September 8, 1976
Page 3 of 8
If this framework can be established for negotiation and
everyone was involved in it, possibly some arrangement
could be made. Mr. Becker asked that the Commission
appoint one member of the Commission to meet with Mr. Faust
and Mr. Becker.
Mayor Gilday suggested that Commissioner Clark, whose special
area of interest is the Building Department, be empowered to
sit in on the meeting and report back to the Commission as
a result of those conversations. He will not commit the
Town to anything at all.
MOTION by Mayor Gilday/Commissioner Joy: "I would nominate
Commissioner Clark in that capacity to meet with our attorneys
and the attorneys fer Mr. Urbanek".
At this time Mr. Urbanek presented to Mr. Becker the
recorded deeds relative to the ownership of the various
lots in question.
• ROLL CALL on the Nomination Carried 4 - 0.
Mayor Gilday offered a Motion: "That in respect to the Pay
Plan, previously adopted; that on the sheet headed 'Job
Rating Sheet - Position - Deputy Finance Director' and
'Administrative Aide'that those words'Administrative Aide'
be deleted".
Mayor Gilday expressed his opinion that an Administrative Aide
to the Town Manager is unnecessary. The Town Commission
previously appointed an assistant to the Manager.
Commissioner Clark stated that he had no objection to
eliminating this position; but the plan should be flexible
enough to cover any job title. He stated that there is no
present need for that job and felt that it need not exist.
The Town Manager gave an explanation and a brief discussion
followed.
The MOTION was seconded by Vice Mayor Hults.
Again, another discussion followed pertaining to the
questionable position.
ROLL CALL on the MOTION Carried 4 - 0.
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Minutes Highland Beach
Town Commission
• Regular Meeting
September 8, 1976
ORDINANCE(S) (Proposed)
Page 4 of 8
Ordinance No. 299 - Budget 1976-77 was read by the Town
Clerk by Title only.
Mayor Gilday stated that this ordinance would be presented
on September 29, 1976; at a Special Meeting immediately
following the Workshop.
Ordinance No. 300 - "Certifying Millage" was read by the
Town Clerk by Title only.
Mayor Gilday called to the attention of all present that
this ordinance shows an estimated total millage rate,
including operating and debt of 4.991, which is less than
last year's rate of 5.220. This ordinance will be presented
on September 29, 1976; at the Special Meeting immediately
following the Workshop.
• Ordinance No. 301 - "Signs and Advertising" was read by the
Town Clerk by Title only.
Ordinance No. 298 - "Buildings" was read by the Town Clerk
by Title only.
The aforementioned ordinances will be presented for enactment
on Wednesday, September 29, 1976 at the Special Meeting
immediately following the Workshop Meeting.
Mayor Gilday recognized Mr. John O'Grady who noted that
construction valued at $5 million - building permit would
cost $6,116.50 not including air conditioning, plumbing and
electric. He felt that the proposed plan checking fee would
be a hardship to an industry that is suffering in this state.
Ordinance No. 302 - "Franchise - Florida Power and Light"
Mr. Sliney stated that this ordinance needed more attention.
He stated that there are many ramifications, and requested
that this item be postponed for the time being.
Ordinance No. 303 - "Water System" was read by Title only by
the Town Clerk.
Minutes Highland Beach
Town Commission
Regular Meeting
September 8, 1976
Page 5 of g
This ordinance shall also be presented for action on
Wednesday, September 29, 1976.
Boca Paper Salvage Contract
Mr. Sliney presented the rewritten contract to the Commission.
He noted that the three changes requested by the Commission
were agreeable with Mr. Spencer.
MOTION by Vice Mayor Hults/Commissioner Clark: "I move that we
sign the agreement as presented to us".
ROLL CALL on the Motion Carried 4 - 0.
Reports - Town Commission
(a) Mayor Gilday gave a brief report regarding the Healy
• case. An appeal has been filed to the District Court
of Appeals. The Mayor noted that there will be two
nneetings on the phasing out of the Municipal Courts.
(b) Vice Mayor Hults gave a brief report relative to the
meeting held with the Consulting Engineers, Town
Manager and the Town Attorney. The Engineer will
present a rewrite of the contract.
(c) Commissioner Mumford - Absent
(d) Commissioner Joy - No Report
(e) Commissioner Clark - No Report
Reports of Various Agencies of the Town
(a) Planning Commission - No Report. The Town Manager
noted that a meeting will be held this date at 7:30 P.M.
(b) Board of Adjustment - Mr. Horton reported on the petition
which was received from St. Lucy's requesting relief
from the strict enforcement of the sign ordinance.
(c) Housing Board of Adjustment and Appeal.- No Report.
• The Town Manager stated they met this date at 10:15 A.M.
Minutes Highland Beach
Town Commission
• Regular Meeting
September 8, 1976
(d) Community Appearance Board - No Report
(e) Police Committee - No Report
Unfinished Business - None
Bills for Approval
Mr. Drasal presented the bills for approval.
Page 6 of 8
Mayor Gilday called for a Motion that these bills be received
and approved for payment.
MOTION by Commissioner Clerk/Vice Mayor Hults: "I so move".
ROLL CALL on the Motion Carried 4 - 0.
Reports and/or Recommendations - Town Manager, Elaine W. Roberts
• Mrs. Roberts announced that the next Palm Beach County
Municipal League monthly meeting will be held Friday in
this Town Hall.
The Planning Congress met in Boca Raton in August and
coastal zone management was discussed.
A copy of a public notice from Boca Raton has been received
by the Town. The Red Devil Restaurant is requesting an
addition of a second story. This location is just north
of the Town's Water Treatment Plant. The meeting will be
held on Monday, September 13, 1976 at 7:30 P.M.
There will be public hearings on the West Palm Beach Urban
Area Transportation Study and three meetings have been
scheduled around the County.
Mrs. Roberts announced that she had attended an Area Planning
Board Workshop Meeting on the goals and objectives for the
Palm Beach County Regional Comprehensive Development Plan
this morning.
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Minutes Highland Beach
Town Commission
• Regular Meeting
September 8, 1976
Page 7 of 8
Mrs. Roberts read the Building Report: Temporary Certificates
of Occupancy were issued for several floors in Regency
Highland, a Certificate of Occupancy was issued to Gibson's
four-plex on Highland Beach Drive, a Building Permit was
issued for a single family residence and revisions have
taken place relative to procedures and forms.
Finance Department: The Town has received two checks in
August: one from Florida Power and Light in excess of
$37,000.00 and a check from the Tax Collector in the
amount of $2,091.00 for delinquent tax certificates.
Health Department: Mrs. Roberts again reported relative
to the Ecosearch Company. Mrs. Roberts asked if the
Commission wished her to contact the neighboring
municipalities for their help. Mrs. Roberts was directed
to notify the County to spray more often.
Police Department: The 911 program will not be funded by
• -the County until the County receives the State money.
The CDC meeting was not attended by the Chief because the
Town was not advised of this meeting. She noted that the
latest recommendation by the Committee is for the two
small communities to be eliminated from the agreement and
put on a contractural basis.
Public Utilities & Works Department: Mrs. Roberts gave a
brief report on the meeting that was attended by Mr. Sliney,
Commissioner Joy, Mr. Cashman, two representatives from
Russell and Axon and herself. Final pay estimate was
discussed. Mr. Cashman was directed to request a directive
letter of disbursements from Lauderdale Contracting as
they had done in the past.
Mayor Gilday excused himself from the meeting at this time.
Re: the wiring between the water field and water treatment
plant - a preconstruction meeting was held with Edwards
Electzric, the building official, electrical inspector,
Jesse Arney and Mrs. Roberts. Work on this project will
be commencing shortly.
Minutes Highland Beach
Town Commission
• Regular Meeting
September 8, 1976
,'
Being no further business to come before the Commission, the m~'eting
ADJOURNED a t 3 : 48 P . M. ,.~°~
Mr. Delaney was told by Mrs. Roberts that the only reason the
Town was holding up accepting the sewer system was because of
the problems of the electrical vault at the sewage treatment
plant. He assured Mrs. Roberts that he would hire an
electrical contractor to remove the vault and place the
transformers on a pole. To date no confirmation has been
received of this in writing.
Commissioner Clark and Mrs. Roberts will be attending a meeting
of the South Central Regional Wastewater Treatment and Disposal
Plant today, immediately following this meeting, in Boynton Beach.
Vice Mayor Hults recognized Mr. John O'Grady who spoke about the
Standard Building Code, Section III relative to a Board of
Adjustment and Appeals. He requested that the Commission give
this consideration. Mrs. Roberts noted that this was discussed
in the past and Mr. Sliney will again research this item.
APPROVED:
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Page 8 of 8
William S. Hults, Vice Mayor
(Absent)
Ruth,.. Mumford, Commissioner
~/ ~ 1 ~\
slie W. Joy,
- 'ssi er
Commissioner
Robert ~D.~ Clar'1~;
ATTEST:
Town lerk
Dated: September 23, 1976
Recorded on 76.30 Tapes A & B Sides 1 & 2