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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. ,-- ~~ r _ ,. ~- APPROVED : C t~ `~_ ~~ Morton Gi fir, ~iKayor 1 i' " v.."'Vc~ William S. Hults, Vice Mayor Ruth E. Mumford, Commi Toner /" _ r 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 •