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