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1976.04.06_TC_Minutes_Regular TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission Regular Meeting April 6, 1976 7:30 P.M. The Regular Meeting of the Town Commission, Town of Highland Beach, was called to order by the Mayor at 7:30 P.M. Present were: Mayor Morton E. Gilday Commissioner Ruth E. Mumford Commissioner William S. Hults Commissioner Robert D. Clark Absent: Vice Mayor Leslie W. Joy Also present: Town Attorney, Thomas E. Sliney Town Manager, Elaine W. Roberts Finance Director, Anton Drasal Police Chief, Kenneth Jones • Building Official, John P. O'Grady Deputy Town Clerk, Jane E. Barker PLEDGE OF ALLEGIANCE Approval of Minutes, as written (Synopsis by Deputy Town Clerk) For Meetings_.of: March 2, 1976 - Regular Meeting March 26, - Special Meeting March 30, - Workshop Meeting Mayor Gilday inquired if there were any additions or corrections to the minutes as read. There were none and he called for a Motion that the Minutes be approved as read. MOTION by Commissioner Hults/Commissioner Mumford: "I so move". ROLL CALL on the Motion 4 - 0. PUBLIC REQUESTS Mr. Robert Dittman, representing Mr. Spinner, and Mr. Glenn Burns, Vice President of Seagate of Highland Condominium • Association, were in the audience. Mr. Burns spoke regarding the bike path and the mutual concern and responsibilities Minutes Highland Beach Town Commission • Regular Meeting April 6, 1976 Page 2 of 10 over the hazards of the bike path and (2) to ask the help of the Town in obtaining from DOT a crosswalk for the Seagate of Highland residents for their beach access, and to ask DOT for "Ped Xing" signs. The safety of the bike path was discussed at some length and Mr. Burns advised how Seagate had cut down their hedges and appealed to their residents to be extremely careful in crossing the bike path. Mr. Dittman then spoke to the Commission and the audience regarding this matter and mentioned that the Town could be sued if a fatality occurred on the bike path and that precautions should be taken. Speed bumps were mentioned in regard to this matter. Mayor Gilday suggested that Mrs. Roberts try and arrange a meeting with DOT and people from condominiums. • Further discussion followed. REPORTS OF THE TOWN COMMISSION Mayor Morton E. Gilday reported that with respect to the pending litigations, we are still waiting for a decision in the Healy case. The Van Lennep case is to be moved for trial, however, the Mayor did say that he didn't think the Van Lennep case would be moved for trial until they saw the outcome of the Healy case. Mayor Gilday then mentioned that there would be a First Reading of an Ordinance pertaining to Chapter 2 - 6, regarding the changing of the time of the Regular Monthly Meeting. Commissioner Mumford - No Report Commissioner Hults - No Report Commissioner Clark - No Report REPORTS OF THE VARIOUS AGENCIES OF THE TOWN • (a) Board of Adjustment - No Report (b) Community Appearance Board - No Report Minutes Highland Beach Town Commission • Regular Meeting April 6, 1976 Page 3 of 10 (c) Housing Board of Adjustment and Appeals - Mr. Genovese mentioned a matter that is coming up for a second reading tonight. (d) Police Committee - Mr. Horton made mention of the fact that the Police Chief had left the previous Regular Meeting a month ago whereas he is supposed to be in attendance at this meeting. It was later discovered that the Chief had been called away to participate in the arrest of jewel thieves north of the Holiday Inn. This arrest led to the commendation of Patrolman Tremitiedi. The Police Committee had a meeting at which two letters were considered - one from Patrolman Ryan and one from Patrolman Burgess. There was some discussion regarding the anniversary dates of the patrolmen and increases for them. Mayor Gilday stated that this matter was under study. • Mrs. Roberts requested that the matter of bids for the electrial wiring between the Water Treatment Plant and Well Field be postponed. Mrs. Roberts also announced that Mr. Kigar was in the audience seeking seawall approval for Lot 15, Block 2. She asked that Mr. Kigar submit a written request for this, so that the Town Commission could give tentative approval. Mayor Gilday then requested a Motion to dispense with the services of the present auditors, Guthrie, Jacobs and Eubanks. MOTION by Commissioner Hults/Commissioner Mumford: "I so move". ROLL CALL on the Motion Carried 4 - 0. Mayor Gilday then stated that the Town had received a proposal from the auditing firm of Nowlen, Lynch and Stewart - not to exceed $6,100.00. Mayor Gilday said that this is satisfactory to the Commission. Mayor Gilday called for a Motion to accept the proposal from • the firm of Nowlen, Lynch and Stewart - to become effective on the adoption of an Ordinance that will have its First Reading this evening. Minutes Highland Beach Town Commission • Regular Meeting April 6, 1977 Page 4 of 10 Mayor Gilday went on to explain a provision in the Charter that should at this time be altered, re: appointment of Auditors. Mr. Sliney prepared and submitted to the Commission an Ordinance to amend Section 3.02 of the Charter, for First Reading this evening. The Mayor again called for a Motion to authorize the acceptance of the proposal of the new Auditors to become effective upon the adoption of this amending Ordinance. Mayor Gilday read the proposal from Nowlen, for the record. Mrs. Roberts recommended t' Meeting be held on April 27th just prior to Meeting inasmuch as that would give time to advertised, and the date could be placed on when it is signed. Lynch & Stewart zat a Special the Workshop have this the proposal • Motion by Commissioner Clark/Commissioner Hults: "I so move". ROLL CALL on the Motion Carried 4 - 0. Mayor Gilday suggested that Mr. Stewart be notified of this and possibly even send him a copy of the Motion. COMMITTEE - SELECTION OF, RATING OF ENGINEERING FIRMS Mayor Gilday stated that authorization had been given for advertising for engineers - the ad is to appear in the Fort Lauderdale News and the Palm Beach Post on April 12, 13 and 14. Mrs. Roberts suggested that the Committee that is to review proposals should have approximately three weeks to make a selection of three for the Commission to inte~`view. Discussion followed relative to selecting a Committee. The following names were submitted - Commissioner Robert D. Clark, Mr. Ben Stephenson and Mr. Peter Genovese - and Mayor Gilday called for a Motion to appoint these three gentlemen to the Committee to rate and review Consulting Engineers for the • Town of Highland Beach. • Minutes Highland Beach Town Commission Regular Meeting April 6, 1976 Page 5 of 10 MOTION by Commissioner Hults/Commissioner Mumford': "I'll move that those names be approved". ROLL CALL on the Motion Carried 4 - 0. A Proclamation regarding Mental Health Week was read by the Deputy Town Clerk. Mayor Gilday called for a Motion that he be authorized to issue this Proclamation. MOTION by Commissioner Mumford/Commissioner Clark: "I so move". ROLL CALL on the Motion Carried 4 - 0. FIRST READING OF ORDINANCE(S) An Ordinance declaring intent to exercise authority under Chapter 75-257 Laws of Florida and designating a Local Planning Agency was read by title only by the Town Attorney. • An Ordinance amending Section 3.02 of the Charter was read by Title only by the Town Attorney . An Ordinance amending Chapter 2-6 of the Code of Ordinances, Rules of Procedure, Time of Regular Meetings, was read by Title only by Mr. Thomas Sliney, Town Attorney. SECOND READING OF ORDINANCE(S) The second reading of Ordinance No. 292 - Amending Chapter 134 - "Housing" was read in its entirety by Town Attorney Thomas E. Sliney. Under Section 107 it was Mayor Gilday's recommendation to drop the word "full" prior to the word "satisfaction" inasmuch as it might be taken to mean a unanimous vote of that Board. The Mayor called for a Motion to adopt this Ordinance. There was discussion. MOTION made by Commissioner Hults/Commissioner Clark: "I so move". ROLL CALL on the Motion Carried 4 - 0. • The second reading of Ordinance No. 293 - Amending Chapter 16 - "License and License Taxes" was read in its entirety by Thomas Sliney. Mayor Gilday called for a Motion to adopt this Ordinance. Minutes Highland Beach Town Commission Regular Meeting April 6, 1976 Page 6 of 10 • MOTION by Commissioner Clark/Commissioner Mumford: "I so move". ROLL CALL on the Motion Carried 4 - 0. The second reading of Ordinance No. 294 - Amending Chapter 24 - "Streets, Sidewalks, Bicycle Path" was read in its entirety by the Town Attorney. The Mayor called for adoption of this Ordinance. MOTION by Commissioner Clark/Commissioner Mumford: "Move the-- adoption of this Ordinance as read". ROLL CALL on the Motion Carried 4 - 0. RESOLUTION NO. 307 - EASEMENT PARCEL NUMBER S-656A Resolution No. 307 was read in its entirety by Mayor Gilday. The Mayor called for a Motion to adopt this Resolution. • MOTION by Commissioner Hults/Commissioner Mumford: "So move". Discussion followed. ROLL CALL on the Motion Carried 4 - 0. RESOLUTION NO. 308 - ELECTION UNNECESSARY - MAY 4, 1976 Resolution No. 308 was read in its entirety by Attorney Sliney. In the paragraph headed "Now, therefore be it resolved" "second"Tuesday was changed to "first" Tuesday. The Mayor called for a Motion to adopt this Resolution. MOTION made by Commissioner Clark/Commissioner Mumford: "I so move". ROLL CALL on the Motion Carried 4 - 0. RESOLLTION NO. 309 - EXTENSION OF REVENUE SHARING Resolution No. 309 was read in its entirety by Mr. Sliney. The Mayor called for a Motion to adopt this Resolution. • MOTION by Commissioner Clark/Commissioner Hults: "I'll move the adoption of this Resolution". Discussion followed. Minutes Highland Beach Town Commission • Regular Meeting April 6, 1976 Page 7 of 10 ROLL CALL on the Motion Carried 3 - 0 with Commissioner Mumford voting "Nay". REPORTS AND/OR RECOMMENDATIONS OF TOWN MANAGER, MRS. ELAINE W. ROBERTS The last Palm Beach County Municipal League Meeting had four Resolutions for approval - three of them passed. One was for the support for the bare on disposable containers in the State of Florida; the second one was a county-wide effort for a municipal election date which was tabled; the third one was a commemoration of a councilman from Golfview; and the fourth one was a support for the repeal of Article V which would eliminate the Municipal Courts. There have been articles in the paper lately though that there is a proposal through the Legislature to extend this date from January 1, 1977 to 1979. Next Palm Beach County League Meeting will be in Tequesta • this coming Friday, April 9, 1976. The Post Office now has two men working in there - Mr. Irving Finstein in the mornings and Mr. Fred Meyer in the afternoons. The distribution is now coming from Boca Raton - effective March 27, 1976. Mrs. Roberts has been working on a Comprehensive Fee Schedule and it is available for any one who would like it. State Legislature is in session and will be for sixty days. There is a toll free number in the Lobby for any one wishing to call Tallahassee to check on the legislation. A 1/ optional sales tax was mentioned in the Legislative Bulletin and Mrs. Roberts needs to let the Legislative Delegation know the Commission's feelings on this matter. The next matter mentioned was the "911" telephone number. The House Committee on Appropriations has approved a $500,000 appropriation for this emergency telephone number. • It has been suggested that the Department of Community Affairs be abolished or merge it with the Health & Rehabilitative Minutes High land Beach Town Commission • Regular Meeting April 6, 1976 Page 8 of 10 Services of the Division of Aging and Adult Services. Florida League of Cities' recommendation is to urge the Legislature to retain this program. The next item is a letter dated March 31st from the Division of Housing and Community Development for an Energy Conservation Project (Copies on Clipboard). Mrs. Roberts stated that she had received a letter dated April 3, 1976 from the Area Planning Board - advanced notification of the Delray Beach-Boynton Beach proposed work plan for "201" facility study. Mrs. Roberts read this letter for the record. Next item was a letter Mrs. Roberts received April 5th telling of a Public Hearing April 9th regarding the Palm Beach County Area-wide Waste Treatment Management Planning Program. Our municipality was cordially invited to attend this meeting. • She also stated that we had received a letter dated March 5th from Paul Rogers regarding a meeting to be held on April 21st on the recurring problems surrounding the waste water management area administering by the EPA. Mrs. Roberts sent a letter to Senator Lawton Chiles on April 1st inviting him to appear in Town Hall to meet with any residents and assist them with any problems involving the Federal Government. BUILDING DEPARTMENT REPORT The Building Department has collected $7,763. to date in permit fees. Several single family residences are nearing completion. Work is progressing on Regency Highlands. Mrs. Roberts is meeting with Mr. Goldberger and members of the Fire Department regarding their booster fire pump being put into operation. The plan room and vault have been updated and a carpenter has been hired to build some storage space in the elevated tank where the meters and parts can be stored, leaving room • in the repump station for all our permanent records. Minutes High land Beach Town Commission • Regular Meeting April 6, 1976 Page 9 of 10 Mr. Muntz called and said he is selling his property across the street from the Monterey House. He wished to express his thanks to the Town for their cooperation. FINANCE DEPARTMENT Mra. Roberts stated that we had received a letter from the Audit General acknowledging receipt of the audit and the Mayor's enclosing letter. Mr. Drasal is going to be conferring with the audit firm this month. HEALTH DEPARTMENT No Report PUBLIC UTILITIES AND WORKS Word received from Mr. Klinck today regarding the sewer • system is that the blower motors are still in the process of being returned to us; he has not been in touch with Florida Power & Light; and the generator will not be returned until Mr. Urbanek pays his bill. Regarding the water system, Mrs. Roberts read a status report for the month of March. Lyons Construction completed the cross connection. Salt water intrusion wells have still not been drilled. Regarding the newspaper pickup - Penthouse Towers said they would be willing to cooperate and take their papers to a central pickup station. Penthouse Highlands were not interested. UNFINISHED BUSINESS None • Minutes Highland Beach Town Commission Regular Meeting April 6, 1976 BILLS FOR APPROVAL Page 10 of 10 There was discussion regarding the Guthrie, Jacobs & Eubanks bill and it was the consensus of the Commission that they pay the budgeted amount. Mayor Gilday requested a Motion that the bills be accepted and approved for payment. MOTION by Commissioner Clark/Commissioner Hults: "I so move". ROLL CALL on the Motion Carried 4 - 0. Being no further business to come before the Commission, the meeting ADJOURNED at 9:40 P.M. '~ h. • ,.... APP ROVED : ,' ~' ,y. l 1 ~, i ~, Morton E. Gilday, Mayor (Absent) Leslie W. Joy, Vice Mayor Ruth. umf. d, o 'ss' ner ~' ~'~ ~'` ~ Wil"~iam S. Hults, Commissioner ~~ ~ Robert D. Clark, Commissioner ,-' ATTEST: ~,,.:. ;t.~- ~~ ~ ..~ eputy Town lerk Dated: April 22, 1976 • Taped on 76.12 Sides lA & B, 2A