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1975.02.04_TC_Minutes_Regular • MINUTES: Regular Meeting - Public Hearing of the Town Commission - February 4, 1975. At 7:30 P.M., Mayor Gilday called the meeting to order. Present were: Mayor Gilday, Vice Mayor Joy and Commissioners Bauer and Mumford. Commissioner Clark was absent. • Also present were: The Town Manager, Elaine W. Roberts, 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 Commission. Before proceeding with-the meeting, Mayor Gilday requested a moment of silence in tribute to the memory of former Mayor Arthur Eypel. His widow, to receive regrets and sympathy of the Town. Public Requests: For relief of the Sign Code, the Town Commission received two requests: See copies of letters, attachment "B" and "C" from Wiltshire House dated January 21, 1975, and from Ocean Pines dated February 3, 1975, respec- tively, re: their signs. Mrs. Wilkins and Mr. Shaw both addressed the Commission and a lengthy discussion followed regarding their temporary signs and requests. Mayor Gilday advised that such matters should be handled by the Board of Adjustment and that if the parties wished, they could appear before that board. He read the letter sent by the Building Official notifying the Wiltshire House of their sign violation. (See Mr. O'Grady's letter dated Janu- ary 17, 1975, attachment "D"). It was the consensus of the Commission that the Town should not become inundated with "billboards". Vice Mayor Joy offered a motion that: the application of the Wiltshire House for a sign be denied, Commissioner Mumford seconded; and four aye votes were cast by Mayor Gilday, Vice Mayor Joy, and Commissioners Bauer and Mumford. The Minutes of Meetings of January 7, 13, 17, and 28, 1975, were summar- ized by the Town Clerk. Commissioner Mumford offered the motion that the minutes, as written be approved. Commissioner Bauer seconded and the motion was carried without dissent. REPORTS OF THE VARIOUS BOARDS OF THE TOWN: Board of Adjustment - Chairman Louis Y. Horton reported that an organ- izational meeting was held on January 6, 1975, at which time, he was elected Chairman. Members of this board are busily engaged in drafting • ATTACHMENTS "A" THRU "F" . Page -2- MINUTES: Regular Meeting - Public Hearing of the Town Commission - February 4, 1975. procedures relative to matters which may come under their reveiw, and when their procedures are finalized, they will be available for distrib- ution, etc. Community Appearance Board - Mr. Beekman,_a member, stated there was no report. Housing Board of Ad-iustments and Appeals - Chairman Judge Santangelo advised: No report. Planning Commission - In the absence of Chairman Joseph Boscove, Mayor Gilday advised there was no report. Police Commissioner - Senator Hults gave his report and discussed certain laws pertaining to bicycles, to be published in the next Monthly Bulletin. TOWN MANAGER'S REPORT - Building Department: - Advised of clearance of sites of "Noble Breakers" and the "Steinhardt" property. Informed Commission of the courses being • taken by Mr. O'Grady. Finance Department - No report. Health Department - A sign to designate the Bike Path will be erected upon completion. A Resolution to be presented later on the Agenda. Public Works - The Town Manager read the request of Pittsburgh-Des Moines Steel Company, for an extension of 180 days, to complete their work, due to strike problems. The Town Commission did not take any action but asked Mrs. Roberts to secure further information. With re- spect to the additional penalties that may be assessed against Lauderdale Contracting Corp. and the relocation of fire hydrants, these subjects were discussed at length. The Town Manager will advise Russell & Axon of the consensus of the Town Commission relative thereto: (1) that Lauderdale Contracting Company will be penalized according to all pro- visions in their contract; and (2) that Russell & Axon should proceed to secure firm bids re: fire hydrants. Mrs. Roberts informed the Town Commission of various promotions for certain Firemen stationed at Highland Beach; advised that Mrs. Higgins and Mrs. Ciomei will attend a conference in St. Petersburg April 6-9; and recommended that the Mayor be an Official Delegate of the Town at the 14th Annual Conference of City Officials and City Attorneys to be held March 10 and 11, in Tallahassee. Vice Mayor Joy offered the motion to have Mayor Gilday represent the Town, seconded by Commissioner Bauer. The motion was approved by aye votes ATTACHMENTS "A" THRU "F". Page -3- MINUTES: Regular Meeting - Public Hearing of the Town Commission- February 4, 1975. cast by Vice Mayor Joy, and Commissioners Mumford and Bauer. A similar motion was made for Mrs. Gilday to be an official representative (tape meetings, etc.). Commissioner Bauer offered the motion and Vice Mayor Joy seconded. This also had approval of the members of the Commission who were present. Mrs. Roberts apprised the Town Commission of con- tinuing problems at the Sewage Interim Treatment Plant, the status of the completion of the Sewer System, and recent bid action as advised to her by Russell & Axon. A long discussion took place and it was suggested that a special meeting be arranged with Mr. Urbanek during the next week. REPORTS OF THE TOWN COMMISSION Mayor Gilday: Summarized the Healy litigation and advised this matter is before the courts; informed residents that a hearing is scheduled on February 19th with respect to the building permit for Radice (3200 Development Corp.). He read a letter which was addressed to him, see attachment "E". A visitor to Highland Beach who used the Town's Library sent a check donating $100.00, for the purchase of books. Commissioner Mumford offered the motion that the donation be accepted, seconded by • Vice Mayor Joy. The motion was approved by all members of the Commission present. A suggestion was made that any books purchased with these funds have an inscription on the fly-sheet that this book was purchased from funds donated by Mr. A. F. Schlobohm. Mrs. Roberts advised that she will thank Mr. Schlobohm on behalf of the Town and inform him of the inscription to be entered in the books. The resignation of Mr. Richard West, an alternate of the Board of Ad- justment, letter dated January 18, 1975, attachment "F", was read into the record. Commissioner Bauer offered the motion to accept the resig- nation, with regrets. Vice Mayor Joy seconded, all members of the Com- mission present voted their agreement. At this time, Commissioner Bauer nominated Lloyd Brotzman as a first alternate to the Board of Adjustment filling the vacancy of the position formerly held by Mr. Frederick and valid to November 14,1975, Com- missioner Mumford seconded, and the appointment was unanimously approved. Vice Mayor Joy nominated Fred Hartkopf to be the second alternate, filling the vacancy of Mr. West, and the term is also valid to November 15, 1975. Commissioner Mumford seconded and the motion carried with four aye votes. Mayor Gilday informed residents of the qualifications of these two gentlemen and he expressed the appreciation of the Commission in having them serve the interests of the Town. Vice Mayor Joy: He advised that the break in the water system which r ~ U • ATTACHMENTS "A" THRU "F" Page -4- MINUTES: Regular Meeting - Public Hearing of the Town Commission - February 4, 1975. occurred on late Friday, January 31, was a result of heavy truck traffic. Lauderdale Contracting may or may not have been involved, however, they rendered their assistance in getting the problem corrected. Mr. Joy wanted the Town Commission and residents to know of this incident since that company has been criticized in the completion of its projects in the Town. Commissioners: No report. FIRST READING OF ORDINANCES: An Ordinance amending the Capital Improvements Budget for Fiscal Year 1975 (amends Ordinance No. 258) Amendment to Chapter 7, re: construction of walkways, fences and protective coverings. An ordinance of the Town imposing Capital Surcharge Fees and fees for monthly maintenance and operating costs: Sewage Interim Treatment Plant. The following ordinances which have had first reading and publication of the intention of the Commission to consider adoption thereof, were read in full: ORDINANCE NO. 267 - An Ordinance of the Town of Highland Beach, amending Chapter 11, regarding garbage and trash disposal. The Town Manager suggested that loading or collection operations for garbage be authorized to begin at 6:00 a.m. Therefore, before the reading of this proposed ordinance, her recommendation changed the hour stated in the ordinance. The language was also amended, in part. Vice Mayor Joy offered the motion that the amended ordinance be adopted, immedi- ately effective, Commissioner Mumford seconded and voting aye were: Mayor Gilday, Vice Mayor Joy, and Commissioners Mumford.and Bauer. An ordinance which proposed an amendment to Chapter 18 was withdrawn. ORDINANCE NO. 268 - An ordinance of the Town of Highland Beach amending Chapter 24, regarding streets and sidewalks. This was adopted on a motion offered by Vice Mayor Joy and seconded by Commissioner Bauer. A change was made in the wording of the sentence of Section 24-13, which will require approval by the Town for designated driveways. The amended ordinance to be effective immediately was unanimously approved; aye votes were cast by Mayor Gilday, Vice Mayor Joy and Commissioners Mum- ford and Bauer. • ORDINANCE NO. 269 - An ordinance of the Town amending Chapter 29, re- garding use of water fees collected was approved on a motion offered by Vice Mayor Joy and seconded by Commissioner Bauer. The record will * ORDINANCE NO. 270 - See bottom of Page 5. ATTACHMENTS "A" THRU "F" Page -5- MINUTES: Regular Meeting - Public Hearing of the Town Commission - • February 4, 1975. show Vice Mayor Joy, Commissioner Bauer, Mayor Gilday and Commissioner Mumford all voted in the affirmative. The ordinance to be effective as of February 4, 1975. ORDINANCE NO. 271 - An ordinance of the Town declaring the plant disease known as "Lethal Yellowing" to be a serious threat, requiring inocu- lation, providing for removal of dead stumps and trees, a severability clause, a penalty clause, and holds the Town harmless for any antibiotics it may assist in procuring for the residents of the Town. This ordin- ance was adopted on the motion offered by Commissioner Bauer, seconded by Vice Mayor Joy. The roll call indicated four aye votes: Mayor Gilday Vice Mayor Joy and Commissioners Mumford and Bauer. Discussion took place as to the cost and availability of the antibiotics for use in the treatment of trees. Mrs. Roberts recommended that the Commission consider and approve the subsidizing of one year's supply for all trees required to be inoculated in the Town: viz., each homeowner and/or condominium association could secure three doses for each tree (even though some trees may already have received one or more treatments by the owner or their contractor). • After discussion of the approximate cost which is estimated at $300.00 the matter was formally approved. Commissioner Bauer made the motion, Commissioner Mumford seconded and voting agreement were Mayor Gilday, Vice Mayor Joy and Commissioners Mumford and Bauer. (The effective date of the ordinance to be February 4, 1975.) TABLED ORDINANCES: An ordinance to provide a Franchise to Leadership Cable-TV and an amendment to Chapter 13-1/2, Interim Services and fees. (These will be further considered for approval at a meeting scheduled for February 19th: Special Meeting-Public Hearing.) RESOLUTION NO. 277 - urges the D.O.T. to expedite the construction of the "South Twelfth Street Bridge" over the Intracoastal Waterway in Delray Beach. This resolution was approved unanimously. Vice Mayor Joy offered the motion for adoption, Commissioner Mumford seconded, affirmative votes were cast by Mayor Gilday, Vice Mayor Joy and Com- missioners Mumford and Bauer. RESOLUTION NO. 278 - provides for a dedication of the bicycle-walking path and naming it "The Betty Jean Stewart Path." Commissioner Mumford offered the motion for approval, Commissioner Bauer seconded, and voting approval were Mayor Gilday, Vice Mayor Joy and Commissioners Mumford and Bauer. * ORDINANCE_ NO. 2.70-Ordinance amending Chapter 29, increasing charges for water services.Adopted on the motion offered by Commissioner Bauer seconded by Commissioner Mumford and Aye votes cast by Vice Mayor Joy,Mayor Gilday and Commissioners Bauer and Mumford, effective February 4, 1975. Page -6- ATTACHMENTS "A" THRU "F" . • MINUTES: Regular Meeting - Public Hearin of the Town Commission - February 4, 1975. Discussion followed. The Town Manager suggested that Resolution No. 278 be reproduced on parchment and framed for presentation to Mrs. Stewart. The Town Manager was authorized to complete all necessary details so that when the path is finished, these formalities can be completed. Mayor Gilday advised the meetings which are presently scheduled for the month of February. ~'~ Mrs. Roberts presented bills for approval. The meeting was adjourned at approximately 10;30-'Py,M ~ w APPROVED : ~` j:. Z~ ~ ~ ',~`'` ~ ~~`~ Morton} E . Gyilday, Ma • ~j~ ~ ATTEST : -~rf / `ZJ~~ ~~ Town C1 ~~- ~ ~ ~-- Date