1976.07.13_TC_Minutes_Special
• TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
Special Meeting
July 13, 1976 12.40 P M
The Special Meeting was called to order by Mayor Morton E. Gilday
at 12:40 P.. M.
Present were:
Mayor Morton E. Gilday
Vice Mayor William S. Hults
Commissioner Ruth E. Mumford
Commissioner Robert D. Clark
Commissioner Leslie W. Joy
Also present:
Elaine W. Roberts, Town Manager
Chief Kenneth Jones
Police Commissioner L. Y. Horton
• John P. O'Grady, Building Official
Kathryn M. Borgemenke, Town Clerk
The Mayor announced that this Special Meeting had been called at
the request of the Town Manager and the members of the Commission
to consider various matters. The Mayor suggested that some of
these items will be considered out of order of the published
agenda.
76.61 Additional Police Officer
Mayor Gilday asked
strictly as a part
work at this time.
and stated that he
worked. This offi~
his own expense to
Chief Jones if this man would be hired
time, on call, as needed for relief
Chief Jones answered in the affirmative
would be paid only for the hours he
per would start school on October 4 at
be certified.
The man's name is John Lamont.
Chief Jones gave Mr. Lamont's previous police background
at the request of the Mayor. Chief Jones stated that he
had investigated and checked Mr. Lamont thoroughly and
recommended that he be hired.
Minutes Highland Beach
Town Commission
Special Meeting
July 13, 1976
Page 2 of 8
MOTION by Vice Mayor Hults/Mayor Gilday: "I move that we appoint
John Lamont as a part time replacement on the Police Department".
Mr. Lamont's hourly rate will be based on a yearly salary
of $9,800.00 per year.
ROLL CALL on the Motion Carried Unanimously.
76h60 Ap ointments to Various Agencies of the Town
Housing Board of Adjustment and Appeal
Mayor Gilday called for the naming of Mr. John J. Kanner,
alternate member of this Board, to replace Mr. Carl Krauss,
regular member. Balance of term will expire November 5, 1976.
MOTION by Commissioner Mumford/Vice Mayor Hults: "I so move".
• There was no discussion and no additional names were
offered.
ROLL CALL on the Motion Carried Unanimously.
Planning Commission
There is a vacancy - alternate member - to rep lace Col.
Francis Johnson who resigned.
Mayor Gilday proposed the name of Mr. Chris Markatos and
he asked far someone to offer Mr. Markatos' name to be
appointed as well as any other names to be appointed.
MOTION by Commissioner Joy/Mayor Gilday: "I make the Moicion".
Commissioner Mumford noted that Mrs, Stewart recommended
the name of Mr. Harold Storm. Discussion followed
between Mrs. Stewart and Mayor Gilday.
MOTION by Commissioner Clark/Commissioner Mumford: "I would like
to nominate Mr. Harold Storm".
It was decided at this time to have a roll call vote and
each member of the Commission named either Mr. Markatos or
Mr. Storm to the appointment.
Minutes Highland Beach
Town Commission
• Special Meeting
July 13, 1976
Commissioner Mumford - Mr. Storm
Commissioner Clark - Mr. Storm
Commissioner Joy - Mr. Markatos
Vice Mayor Hults - Mr. Markatos
Mayor Gilday - Mr. Markatos
Mr. Markatos is appointed 3 to 2.
Page 3 of 8
Housing Board of Adjustment and Appeal
An alternate member vacancy exists on this Board. There
were no names offered at this time.
Mrs. Stewart suggested that perhaps someone may be named
at a later date when the citizens of the Town had returned
from vacations. She stated that she had a definite person
in mind; however, he was on vacation at this time and it
would not be proper to offer his name until he had been
approached.
• Board of Adjustment
An alternate member vacancy exists on this Board as the
alternate member had been appointed to the regular
member's appointment.
Mayor Gilday suggested that Mr. Dent be appointed to this
Board. After discussion relative to the fact whether Mr.
Dent would be willing to serve it was decided that Mr.
Dent should be asked. This appointment would be considered
at the next meeting of the Commission.
Mayor Gilday recognized Mr. John P. O'Grady, Building Official,
who requested to be heard at this time.
76.54 Boca Hi
Mr. O'Grady referred to a hearing relative to Boca Hi that
had been previously held before the Planning Commission and
the Town Commission.
He stated he would like to take this time to explain to the
Town Commission the circumstances of events.
• Mr. O'Grady stated, "that the Planning Commission had approved
Minutes Highland Beach
• Town Commission
Special Meeting
July 13, 1976
Page 4 of g
Building "D" which was 154 feet in height with no
underground parking and then the Town Commission reviewed
this hearing. They (the company) were to take out a
building permit on Building "D", at that time the fees
would be approximately $48,000.00". A meeting was held
on this same afternoon and Attorney Becker attended along
with Mr. Delaney. Mr. Becker recommended that the
Commission accept the fact that an exchange be made from
Building "D" to the sixteen Townhouses plus the model
and that particular money be deferred to Building "D" at
a later time, if requested. It was stated at this time
that the Townhouses would not be built. This alternative
was to keep the R.P.U.D. alive.
Mr. O'Grady stated that since his term was coming to an end
he wished all these matters straightened out for the record.
Mayor Gilday ask~°d how much was paid for the permit in
• connection with the Townhouses? Mr. O'Grady rep lied that
it was approximately $10,000.00. Mayor Gilday stated that
the Town did not accept this understanding that this money
would be applied to another building at some time in the
future. Mr. O'Grady stated that Mr. Becker stated that he
more or less recommended it.
Commissioner Clark reiterated Mr. Becker's statement and
verified Mr. O'Grady's previous statement about the
recommendation.
Commissioner Clark stated that Mr. Delaney asked that this
arrangement be favored. Commissioner Clark stated that he
would favor it if the Town had a chance to get $58,000.00
instead of $10,000.00. Commissioner Clark stated that he
felt Mr. Delaney understands that neither he, Mr. Becker,
Mr. O'Grady or Mrs. Roberts did not and could not make any
commitments for the Town Commission.
Mr. O'Grady stated that the primary intention is still to
build "D" Building and they will have, if nothing goes wrong,
all prints in and the money in its entirety between the
• first and the fifteenth of August and will commence
construction at that time. If the necessary funds are
obtained they will also include the Townhouses and the model.
Minutes Highland Beach
Town Ha 11
• Special Meeting
July 13, 1976
Mayor Gilday asked if the application
is still a pending application? Mr.
that the application is in effect for
date of application.
Page 5 of g
for "D" Building
O'Grady replied
six months from
It was established that the permit was not issued for
"D" Building.
Mrs. Roberts stated that when the question arose about the
permit being issued for the Townhouses and the marina
building to be used as an office and model, she contacted
Mr. Becker and he told her he did not give orders to issue
the permits. She stated that a misunderstanding had
developed and the permits were issued. She stated the
matter would have been presented to the Commission if it
were necessary to try to decide whether the permits should
be revoked. When she, in turn, spoke to Mr. Becker, he
stated that it could be left for the time being.
• Discussion followed. Reference was made to Ordinance No. 282.
Mr. O'Grady stated, "that he would like to speak to the
subject of Regency Highland. He noted that at the time
the permit was issued the Town had asked for a resident
inspector. He also noted that the general contractor
on that job had been changed". Regency is now requesting
two units on the ninth floor for use as a model and sales
office. Mr. O'Grady stated "that he felt if the general
public enters the building it is the same as issuing an
occupancy certificate. He asked .that the Town Commission
obtain a legal opinion relative to this matter. He also
suggested that the Town request from Mr. Goldberger or
the developers of Regency to have their architectural
and engineering inspectors go through the building and
see if they will accept it". Mayor Gilday agreed with
Mr. O'Grady about the legal opinion. The Mayor stated
"that there had been some understanding with Mr. Byrd,
that if they were going to be given permission to open
these model apartments on the upper floor that there
would be no access except by the elevator that would be
shut off between the first floor and the floor on which
these apartments were to be available for viewing, and
that a representative would escort anyone who wished to
view these models. The Town was also to be supplied
with insurance which would cover the Town in excess of
one million dollars".
Minutes Highland Beach
Town Commission
• Special Meeting
July 13 , 1976
Page 6 of 8
Mr. O'Grady went on to express his feelings relative to
the word 'Occupied'. He advised the Town to contact Mr.
Becker and have the building signed out by Regency's
architectural and engineering firm.
Mayor Gilday stated that he agreed with Mr. O'Grady 100%
and that a certificate of occupancy should not be issued
at this time. He suggested that perhaps they could be
issued a permit or letter of permission with the advice
of counsel.
Discussion followed regarding the situation of the elevator
and the stair well.
Mr. O'Grady stated "that relative to Regency, there are two
other buildings and the prints were submitted some time ago;
they have gone through the Community Appearance Board but
because of changes in building the tower building of 14
stories, the architects stated that these prints should be
• re-submitted for revision". (This statement for the record
per request by J. P. O'Grady)
Commissioner Mumford stated that she was not in favor of
models on the ninth f loor, at this time.
76.43 Selection ®f Consultin Engineers
Commissioner Clark reported that the Committee which
interviewed the applicants for consulting engineers
recommended that Montgomery be .chosen, Ross was second
and Owens was third. Commissioner Clark personally felt
that Ross, Saarinen Company was better equipped.
Each Commissioner gave his own personal opinion relative
to the three presentations.
Mrs. Roberts commented on the multiplier fee, reiterating
facts stated during the presentations.
Mayor Gilday stated "that to approve one firm over the
other, they will be invited to come into consultation with
the Town Commission and the Town Attorneys in respect to
a proposed contract".
Minutes Highland Beach
Town Commission
• Special Meeting
July 13, 1976 Page 7 of 8
It was agreeable to the Commission that the Town Manager
request the two finalists to review the present plans of
the Town and report back to the Commission.
Mayor Gilday extended his gratitude to Commissioner Clark
on behalf of the Commission and the Town.
76.62 Reply to Letter from Patrolman John Ryan
The Mayor gave his personal feelings relative to this
matter and after discussion pertaining to personnel
rules and regulations, it was the consensus of the
Commission that the Town Manager reply to Officer Ryan's
letter. It was suggested that the letter be worded to
the effect: "that voting on matters that have come
before the Commission is a matter .of public record".
The Mayor was in agreement with this.
76.55 Town Manager - Reports, Correspondence and
. Continuing Reports
Mrs. Roberts reported on a proposed change of zoning in
Boca Raton near the Town's well fields. This is only for
the installation of two tennis courts. She noted that
she would be unable to attend the meeting on Thursday
night to speak to the Palm Beach County Overall Economic
Development Program relating to the funding of the water
treatment plant. There is a meeting on Friday, July 16, 1976,
regarding water treatment for plants in municipalities and
she expressed her desire that someone attend since she
would be on one day's vacation.
Mayor Gilday excused himself from the meeting at 12:40 P.M.
Mrs. Roberts reported that a meeting will be held on Planning
and the Regional Comprehensive Plan that will be concerning
municipalities and Palm Beach County on July 21 at 2:00 P.M.
She stated that she will attend this meeting.
• Minutes Highland Beach
Town Commission
Special Meeting
July 13, 1976
Page 8 of g
Referring to above, Mrs. Roberts presented a booklet with
a list of questions that had not been answered. She
reviewed the questions with the members of the Town
Commission for their comments.
Being no further business to come before the Special Meeting,
the meeting ADJOURNED at 12;50 P.M.
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APPROVED : C t~ `~_ ~~
Morton Gi fir, ~iKayor
1 i' " v.."'Vc~
William S. Hults, Vice Mayor
Ruth E. Mumford, Commi Toner
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Y/<',~ _ ~
Leslie W. Joy, s io er
!~'1
R ert D. Clark, Commissioner
ATTEST: Y2f ~y-~ '~._,<~;-~'c-~_ ,~, l~_
Town erk
Dated: July 29, 1976
Recorded on 76.24 Tapes lA & B 2A & B
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