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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. I 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. r1 U 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: r ~ U 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