1975.03.04_TC_Minutes_Regular
MINUTES: Regular Meeting - Public Hearing of the Town Commission,
• March 4, 1975.
At 7x30 P.M., Mayor Gilday called the meeting to order.
Present were: Mayor Gilday, Vice Mayor Joy and
Commissioners Mumford, Clark and Bauer.
Also present were: The Town Manager, Elaine W. Roberts, Town Attorney,
Thomas E. Sliney, Building Official, John P. O'Grady, and the Chief of
Police, Kenneth Jones.
Attachment "A", the Agenda, lists matters proposed for discussion and/or
approval of the Town Commission.
Public ReQuests: None
Approval of Prior Minutes:
The Minutes of Meetings of February 4,. ,12, 1`9, °'25a! and 27, 1975, were
summarized by the Town Clerk. Commission~r'M,timford offered the motion
for the approval of these Minutes, ,as wx'tten. Commissioner Bauer
seconded the motion and the mot.ioh carried without dissent.
Reports of the Various Boar"ds of! the ;'own:
• Board of Adjustment - Chairmar~,L. ~. Horton advised his board has not
held any recent meetings. He advised`no, procedures had been formulated
to hear appeals from the Sign Ordinance. Discussion followed.
It was the consensus that Attorney $liney and Chairman Horton meet and
devise procedures relative to Sign Ordinance appeals.
Community Appearance Board - In the absence of Chairman Betty Jean
Stewart, the-'own Manage-r~read the report of this board, see attachment
.. B .. .
Housing Board o.f Ad-iustment and Appeals - Mr. Krauss reported this board
had not had any recent matters for consideration, and he advised the date
of the next meeting.
Planning Commission - Chairman J. Boscove advised that a series of work-
shop meetings are being planned for the review of the Comprehensive Plan.
Police Commissioner - Senator Hults praised the Police Department and
stated that the operations are running smoothly. Two letters were
received in which patrolmen were commended.
•
Regular Meeting-Public Hearing of the Town Commission, 3/4/75, page 2
• Town Manager's Report:
Mrs. Roberts advised that on March 14, she will be attending the monthly
meeting of the Palm Beach County Municipal League and on the Agenda there
will be two resolutions. She requested that the Town Commission instruct
her as to how she should cast her vote. Attachment "C", a resolution
of the Palm Beach County Municipal League endorsing enactment of a
general law relating to co-ordination of certain Municipal and County
Zoning and Planning actions was read. The Town Commission, by voice
voting, requested a "yes" vote for this proposal. With respect to
Attachment "D", a resolution of the League endorsing a tax on real estate
transfer for funding construction of school plant facilities, was, by
voice vote, unanimously opposed by the members of the Town Commission and
a "No" vote was requested,
She informed residents that copies of the new Town Directory are availa-
ble.
Building Department - Mrs. Roberts reported on the activities of this
department. Citations had been issued to Nezelek Corporation and to
C.G.C. Corporation. Contents of a memo from the Building Official was
also summarized, see Attachment "E" re: On-site inspection of the
vegetation line on Munz and Boca-Hi Properties. She also enumerated the
• various seminars that Mr. O'Grady had attended, including the 23rd.
Annual Symposium for Building Officials in Gainesville.
Finance Department - The Town Manager has reviewed the Audit Report and
commenced imp3.ementation of several recommendations. She will also
consult with Town Counsel as to the recommendations that require his
advice.
On February 27th, she advised that a representative of .the Area Planning
Board met with her on that day regarding the State mandate that Munici-
palities have Comprehensive Plans subject to the review and approval of
the Area Planning Board by October 1, 1975. The Town has met these
requirements and she will be preparing a Five-Year Capital Improvements
Plan in the near future which will also have the Area Planning Board's
review. She welcomes any in-put data.
Health Department - She spoke of the Community Chest Drive and a copy of
their notice is on the bulletin board.
Announced of her receipt of funds from Holiday Inn, Aberdeen Arms and
Seagate, of sufficient donations to purchase three benches to be installed
along the bike path.
Informed the Commission that Commissioner Mumford and she will be attend-
ing a meeting on March 5th in Jupiter Island regarding Beach restoration
• and preservation.
Regular Meeting-Public Hearing of the Town Commission, 3/4/75, page 3.
• Public Works - The Town Manager discussed the work progress of Lauderdale
Contracti~:~g Co. and it was the consensus of the Commission that the
Town Manager be instructed to consult with the Town's Engineers, Russell
& Axon--John Klinck--and give whatever authorization was needed to have
Mr. Klinek issue the 7-day notice, if necessary. Commissioner Bauer
offered the motion, Commissioner Clark seconded and all members of the
Town Commission voted their agreement.
An unpaid bill of Lauderdale Contracting Co. was also discussed and Mrs.
Roberts informed them of the various deductions to the amount billed
for penalties, engineering exp~naes and funds due to others. All other
required releases and/or liens were in order. (Bill to be presented
with all other bills for approval for payment).
The extension requested by Pittsburgh Des-Moines Steel Company and the
information give to the Town Commission at its Workshop Meeting of
February 25th was discussed at length. No action was taken pending the
Town Attorney receiving assurances desired re: Modified bond with
specified completion date, erection to begin not later than May 1, 1975,
and the extension, if granted, would not waive the penalty provisions in
the contract.
For a bill amounting to $3,616.98 (changes in routing in the bike path)
• the Town Manager requested a motion for approval of this sum.
Commissioner Bauer offered the motion and Commissioner Mumford seconded,
all members voted their approval.
Another motion was requested to approve a low bid submitted by Hardrives,
Inc. for $2,405.00 for lime rock base sand-sealed driveway access to
fire hydrants. Commissioner Mumford offered a motion to approve such
expenditures and Commissioner Clark seconded. All members of the Town
Commission approved.
The Town Manager advised that roofs of the Police Station and the Water
Re-pump building are severely mildewed and should be painted. An estimate
for such. work amounting to $375.00 had been received from Leo McDermott
Painting Co. Commissioner Clark offered the motion to approve such work
and Commissioner Bauer seconded, All members of the Town Commission gave
their approval.
Mrs. Roberts also advised annual. traffic count figures, and work to
begin re: Southern Bell, cable installations; and Florida Power & Light
to install overhead lines at Regency Highland
With respect to the Sewer Interim Treatment Plant she advised that the
Flow meter had not been installed and was required before the Dept, of
•
Regular Meeting-Public Hearin of the Town Commission, 3/4/75, page 4.
• Pollution Control would give their approval of this plant. Mr. Totz
announced that the delivery and installation of the flow meter is
scheduled for March 27, 1975. Sewer matters were discussed at length.
Mrs. Roberts announced that Del-Trail Fire District No. 9 which services
the Town has just received delivery of their new fire truck and invited
everyone to see this new equipment, stationed at our Fire Station.
r~
L J
Mayor's Report•
Mayor Gilday reported that today, he appeared with Mayors: Scheifley
(Delray), Potter (Lantana) and Koch (Gulfstream) before the Palm Beach
County Commissioners at a Workshop Meeting and protested the proposal
that $5.0 Million be diverted from bridge construction to road repairs--
Mayor Gilday advised that he spoke on the need for the 12th Street
Bridge and recited facts which have been stated in Resolutions adopted
by the Town Commission. It was their agreed opinion that a good case
was presented to the County Commission.
He advised that a proposed settlement subject to the approval of the Town
Commission has been arrived at with Radice Corp. and the Mayor request-
ed the Town Attorney to recite the points which were agreed upon: The
Order to be entered requires that the building permit be picked up not
later than August 19, 1975, with payment of all required fees (approximate-
ly $76,000.00) to be made simultaneously therewith, and if the permit is
not picked-up by then, the rights obtained by Radice under the original
lawsuit will be lost and that no further recourse will be available to
Radice Corp. in the Courts. Both the Mayor and Attorney Sliney advised
that this was an equitable solution. Mayor Gilday pointed out that
Radice now has a "For Sale" sign on the property.
The Mayor advised other matters in litigation have had no change.
The Mayor recognized Col. Hauck who informed the Commission of the
representations made by Mr. Delaney at the Annual Meeting of the Aberdeen
Arms Condominium Association, and he questioned the solution to the
Radice Case.
Commissioners Clark and Bauer advised that it was their decision that
the Town Attorney and the Mayor were authorized to act in the Town's
best interests.
Reports by other members of the Town Commission: None.
FIRST READING OF ORDINANCE{S) - read by title, only:
An ordinance of the Town of Highland Beach further amending Ordinance No.
249 - The Budget for Fiscal Year. 1975.
Regular Meeting-Public Hearing of the Town Commission, 3/4/75, paste 5
• The Town Clerk then read, in full, the following ordinances which have
had a first reading, publication of intent to consider and/or approve
the ordinances, and discussed at the previous workshop meeting:
ORDINANCE NO. 274 - An ordinance of the Town which further amends
Ordinance No. 258-The Capital Improvements Budget for Fiscal Year 1975.
Immediately effective, this ordinance was approved on a motion offered
by Vice Mayor Joy and seconded by Commissioner Bauer. Aye votes were
cast by Mayor Gilday, Vice Mayor Joy and Commissioners Mumford, Clark
and Bauer.
ORDINANCE NO. 275 - An ordinance of the Town to require protective
fencing during construction, an amendment to Chapter 7 of the Code of
Ordinances, wr~ich adopted the Southern Standard Building Code.
This ordinance was adopted on the motion offered by Commissioner Mumford,
seconded by Commissioner Clark and the record will show roll call votes
of Aye for Vice Mayor Joy, Commissioner Bauer, Mayor Gilday and
Commissioners Mumford and Clark.
Copies of the resolutions which were considered and adopted by the
Town Commission are attached to the Minutes and are as follows:
• RESOLUTION NO. 279 - Appoints Mrs. Elaine W. Roberts as the Town's
Liaison Officer for the Town's participation and eligibility in the
U.S. Government's Land and Water Conservation Fund. Adopted on a
motion offered by Commissioner Bauer, seconded by Commissioner Clark and
Aye votes of Mayor Gilday, Vice Mayor Joy and Commissioners Mumford,
Clark and Bauer.
RESOLUTION NO. 280 - A resolution of the Town objecting to construction
of a proposed Shopping Plaza on County-controlled land in the Delray
Area ( West side of A-1-A).
Before this matter had any motion or discussion, Mayor Gilday advised
that the group which had appeared before the Palm Beach County Commission
had discussed this proposed resolution and that they and members of the
County Commission were in favor of this proposed formal protest, he
urged the Town Commission to adopt the resolution.
Commissioner Mumford offered the motion for adoption and Vice Mayor Joy
seconded. The Resolution was unanimously approved by the aye votes
cast by Vice Mayor Joy, Commissioner Bauer, Mayor Gilday and Commissioners
Mumford and Clark.
n
Regular Meeting-Public Hearing of the Town Commission, 3/4/75, pace 6.
RESOLUTION NO. 281 - This resolution relates to the preparation
Coastal Zone Plan for the South Flordia Region (it requests the
Governor to direct the appropriate State agency to execute the
coastal planning contract...for Region 10). Commissioner Clark
the motion for adoption, Commissioner Bauer seconded and voting
approval, by voice vote, were Mayor Gilday, Vice Mayor Joy, and
Commissioners Mumford, Clark and Bauer.
of a
negotiated
offered
their
Following the above, Mayor Gilday advised of the meetings presently
scheduled for the various boards of the Town and purposes thereof.
The Town Manager then presented bills for approval.
Mayor Gilday then requested the Town Manager to inform the Town Commiss-
ion as to letters received from Boca-Hi and Oliver Hoffmann regarding
a recently adopted ordinance setting time limits on RPUD projects
previously approved. Mrs. Roberts read the letters, see Attachments
"F" and "G" letters dated February 28 (Boca-Hi) and March 3 (Oliver
Hoffmann), respectively. Discussion followed.
The Town Attorney advised that the ordinance passed may require an
amendment or be repealed. Mayor Gilday requested the Town Attorney to
• consult with Attorneys of Oliver Hoffmann and i rm the Town Manager
and the Town Commission of his findings in th' tter.
'ourned at 10:15 P.M. r
The meeting was add ~ ~ F,
APPROVED- ~ l`~ u ~ ~"~
• Morton E, Gilday, Mayor
~? - ~ yr1
Leslie W. Joy, V e 'yor
_ f~~ /i~~~ rry~~~
Ruth E. M'u'`mfjo~rd, Commissioner
R Bert D. Clark, Commissioner
`~-~~ ` Harry Bauer, Commi inner
ATTEST' 'v
.Town Cle
DATED : " ~ ~~~
•