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1974.12.03_TC_Minutes_RegularATTACHI~NTS "A" THRU " P" . MINUTES: REGULAR MEETING, L~UBLIC HEARING OF THE TOWN COMMISSION- DECEMBER 3, 1974. At 7:30 P.M., Mayor Gilday called the meeting to order, Attachment "A", is the Agenda thereof. Present were: Mayor Gilday, Vice Mayor Joy and Commissioners Mumford, Clark and Bauer.. In attendance were Elaine W. Roberts, the Town Manager and Kenneth Jones, Chief of Police. Mrs. Roberts addressed the Town Commission relative to the bicycle path and the scheduled routing at Penthouse Highlands. She related that pursuant to the consensus of the Town Commission, Workshop meeting November 26, she wrote to Penthouse Highlands (her letter is Attachment "B") advising of the Commission's intention to underwrite .part of the costs that would be incurring in the relocation of certain lawn sprinklers and landscaping. (Messrs. Gullquist, Hartkopt and other members of the Board of Directors of Penthouse Highlands were in audience.). The Town Manager read advice contained in minutes of Penthouse Highlands (Attachment "C") re: Objections to only partial funding and a request for further consideration. A prolonged discussion took place and many. persons voiced their opinions. • Commissioner Bauer offered a motion to pay one-half of the expense which will be incurred by Penthouse Highlands, seconding was Commissioner Clark. Additional discussion took place, vis-a-vis maintenance of Town rights- of-way versus State's rights-of-way. It was decided to amend the motion: To approve one-half of the costs, but not to exceed $225.00, whichever is lesser; acceptable to Commissioners Bauer and Clark. Mayor Gilday and Commissioners Mumford, Clark and Bauer each voted Aye (four Aye votes) and Vice Mayor Joy abstained. A brief synopsis of Meetings held November 6, and 26, 1974, was narrated by the Town Clerk. These minutes, as written, were approved. Motion offered by Vice Mayor Joy, seconded by Commissioner Bauer and all aye votes cast by the Town Commission. Mayor Gilday informed the Town Commission and residents that on November 27, 1974, Mr. Kemper informed him before the meeting that he was resigning from the Board of Adjustment and that a letter would be submitted. Due. to a misunderstanding, that board elected a new chairman, (Ex-Mayor Louis Y. Horton--the selection met with approval; however, it was suggested they repeat their election to eliminate any question of propriety.) Mayor Gilday read the resignation letter (attachment "D"), Commissioner Mumford offered the motion to accept the resignation, Commissioner Bau,~r seconded and all members of the Commission voted their agreement. An ex- pression of appreciation was also voiced. A proposal to approve Mr. Royce C. Frederick as a regular member of the Board of Adjustment, filling the vacancy was approved. Commissioner Mumford offered the motion, his term to Page -2- MINUTES: REGULAR MEETING, PUBLIC HEARING OF THE TOWN COMMISSION- DECEMBER 3, 1974. be valid to November 14, 1979, Commissioner Bauer seconded and all rn~mY3ers of the Commission voted: Aye. Mr. Horton informed the Town Commission that the Board of Adjustment will call another meeting for the re-election of the chairman before transacting any business. Public Regaests: None received. Reports of the Agencies of the Town: Chairman Betty Jean Stewart reported on activities of the C.A.B. Vice Chairman Peter Genovese reported that the Housing Board of Adjustments and Appeals had an organizational meeting and would be meeting on Dec- ember 11, 1974. Vice Chairman N. M. Johnson of the Planning Commission, recently re- turned from an extended personal trip abroad. and regretted he could not give a report. Mayor Gilday advised that a Public Hearing with due public notice will be held on December 11 at 2:30 P.M. to consider a franchise being sought by Leadership for Cable TV and that the monthly meeting of the Planning Commission would follow the public hearing. • The Police Commissioner, Senator Hults, advised of the statistical data Town Manag_er's report: BUILDING DEPARTMENT - summarizing police activities and expressed his satisfaction with the smooth operations of the Police Department. Reported damages to eight vehicles at the Seagate Condominium and this incident is being investi- gated. Mrs. Elaine W. Roberts advised that Mr. O'Grady was on leave (returning December 4); therefore, she did not have a building department report. She had issued a work stoppage for the pool site structure at the Di Andrea property. Informed the Town Commission of a problem caused by persons employed by Regency Highland in land clearing: several trees belonging to Mrs. Ganahl were destroyed and/or damaged she also received a letter from Mrs.~.Ganahl advising of trespassing by Regency Highland. Reported that on Thursday, December 5, she and Mr. O'Grady will meet with Mr. Goldberger (Regency Highland). Further, as Town Manager, she authorized the issuance of a seawall repair permit to Highlands Inn and granted permission to allow motorized equip- ment on the beach. • Re: the White House Property (Mr. Steinhardt),nothing to report at this time, matter is being pursued. Page -3- MINUTES: REGULAR MEETING, PUBLIC HEARING OF THE TOWN COMMISSION- DECEMBER 3, 1974. FINANCE DEPARTMENT - The Auditors are completing their annual audit and the report is ex- pected within a few weeks. The Department is operating under the new system, and progress is satisfactory. Confirmed the receipt of $1,953.44 from F.A.U., refund from Duneline study. Also $87.00 received for the Town's interest in a Government suit against Gypsum Wallboard Co. HEALTH DEPARTMENT - Informed the Town Commission that she was seeking reimbursement from the State for Duneline study expenditures; however a letter from the Department of Natural Resources (Attachment "E") did not grant their approval, at this time. Will pursue the matter. She read a letter received from Dr. William Tessin, Chairman of the College of Engineering, Department of Ocean Engineering, F.A.U. (Attach- ment "F") which thanked the Town and Mrs. Roberts for their assistance in the Duneline project. • Read two newspaper articles, in whole and/or in part, regarding: A developer in Collier County attempting to get a variance to the State"s setback line for building on the beaches; and Andy Mead's article, captioned "Tree saving plan revealed regarding yellow lethal palm program in Boca Raton (Attachment "G"). The Town Manager urged everyone to send personal letters to Tallahassee regarding the setback line and aid in precluding variances being con- sidered. Summarized data she had secured regarding lethal yellowing palm sought for consideration as to the Town's program. Discussion, in- cluding Dr. Cherry's data (Attachment "G"-2), followed. The Town Manager of f~Ean R3.dge,in audience as a resident of the Town, advised of the program there. It was the consensus of the Town Com- mission that Mrs. Roberts arrange a Seminar and that the monthly bulletin would announce the date, early in January, that an expert would address the Commission for their decision on the proposed program. PUBLIC WORKS - Discussion then took place as to the Water System Improvements Program and status thereof. Mrs. Roberts advised of her receipt of a letter • dated November 27, 1974 from Russell & Axon (Attachment "H") regarding the various phases, extensions being sought, etc. A general discussion as to causes for delays ensued. Mrs. Roberts will ascertain the amount Page -4- MINUTES: REGULAR_MEETING, PUBLIC HEARING OF THE TOWN COMMISSION- . DECEM~R 3, 1974. of time that Pittsburg-Des Moines was on strike. Commission will con- sider and make a finding at a later period. For the present, it was the consensus that the 14-inch water main and bicycle path be given an extension and have this phase completed as soon as possible. The Town Manager to inform Lauderdale Contracting Corp. re: granted extension to December 31, 1974, and .this second extension would be the last to be considered by the Commission, further she inform that. company's Bonding firm of the contract violations. The foregoing was offered on a motion offered by Vice Mayor Joy, and Commissioner Clark seconded. Discussion of the motions Emphasize the delays were deplorable and stress the position of the Town Commission. Voting on the motion: Mayor Gilday, Vice Mayor Joy, and Commissioners Mumford, Clark and Bauer, all voted: Aye. With respect to the other phases of the Water System Improvement program, it was decided that Vice Mayor Joy and Mrs. Roberts arrange to meet with representatives of Lauderdale Contracting Corp. and Russell & Axon, with a report to the Town Commission. Re: Interim Sewage Treatment Plant, Mrs. Roberts advised of her letter • to Russell & Axon, information received that there is pipe settling at the site, (delay operations) and receipt o~f engineering plans. A meeting is scheduled for Wednesday, December 4 with Mr. Urbanek and Vice Mayor Joy will be present. Issuances of Certificates of Occupancy for Holiday Inn, the Ambassadors, and others were briefly discussed. CORRESPONDENCE - A letter from Revenue Sharing Advisory Service .(Attachment "I"): pos- sibility that the Federal Revenue Sharing Program may be discontinued, the matter will come before the Congress in January. Announcement that the Palm Beach County Municipal League's annual cook- out in Belle Glades will be on Friday, December 13. Letter from Mr. Don Rex and her reply thereto regarding cleaning of beach by property owners (Attachment "J"). Discussion thereof. Matter to be put into the monthly bulletin and the Town Manager will suggest a long range plan. • Commissioner Clark suggested that the Code of Ordinances may need re- vision to protect the Town's investment in the bicycle path: an amendatory Page -5- ~~ MINUTES: REGULAR MEETING, PUBLIC HEARING OF THE TOWN COMMIS5ION- DECEMBER 3, 1974. ordinance is to be prepared and considered at the next meeting. Mrs. Roberts also advised the need for additional diverting of the bicycle path. (Mr. Urbanek's property, recently dirt-filled on the west side of A-1-A above the Holiday Inn parking lot). The. present path would be dangerous to use, without a seawall. Change in .routing to be issued. Mrs. Roberts advised of Mayor Koch's letter (Attachment "K") requesting a meeting to consider measures to oppose the abolishment of small police forces. at the beachside from Commissioner Mumford objected to the trash/ the construction sits at the Ambassadors across from Seagate. Mrs. Roberts quoted a portion of the Ordinance being violated, and the Chief of Police was req~xested to issue a citation. The Mayor's Report Mayor Gilday briefed the Commission as to the status of the Radice problem and advised that the Town has agreed to an extension tQ Feb- ruary 5, 1975, for Radice (3200 Corp.) to pick-up their permit and pay • all applicable fees; the Town has received the General Release. Attach- ment "L" is a copy of the agreed stipulation. Advised that Attorney Becker will take depositions in the Healy case and of a tentative meeting. Residents were informed that prior to any settlement, any proposal thereof would be advised at a Public Meeting. Discussion followed as to what building construction will begin in the Town. Mrs. Roberts advised of the current policy to grant one 90-day extension for existing building permits, when requested for reasonable grounds. Question raised regarding Boca Hi. Mrs. Roberts read a letter dated November 25, 1974, written by Mr. Delaney, Vice President (attachment "M") and advised that the Planning Commission will receive various drawings and plans thru their attorney in the near future. SCHEDULE OF FEES - refer to Zoning Ordinance No. 253, Section 12. Mrs. Roberts read the proposed fees, which were approved. Vice Mayor Joy offered the motion, Commissioner Clark seconded and voting aye were: Mayor Gilday, Vice Mayor Joy and Commissioners, Clark, Mumford, and Bauer. (Attachment "N".) • FIR5T READING: Proposed Ordinances were read, by title: An Ordinance of the Town of Highland Beach, amending Chapter 28-1/2; an Amendment Page -6- MINUTES: REGULAR MEETING, PUBLIC HEARING OF THE TOWN COMMISSION- DECEMBER 3, 1974. to Chapter 21, Seawalls, etc., a Code, Chapter 19, an Amendment t Elevator Code, Chapter 9-1/2, ar. Budget for Fiscal Year 1975, an requirements for RPUD projects, Variance transitional ordinance. n Ordinance to amend the Plumbing o Chapter 13-1/2, a change to the Ordinance to amend Ordinance No. 249, Ordinance delineating commencement and an Ordinance to provide a Moratorium ORDINANCE NO. 258 - Designates Revenues and Expenditures aggregating $654,210.45-Capital Improvement Budget for Fiscal Year 1975. Was approved read in full, and the record will show that Commissioner Bauer offered the motion for approval, Commissioner Mumford seconded and voting aye; Commissioner Clark, Commissioner Mumford, Mayor Gilday, Commissioner Bauer and Vice Mayor Joy. RESOLUTION NO. 274 - (Attachment "O" - Abandon the Finance Committee). Commissioner Bauer offered the motion, Commissioner Mumford seconded. (Mayor Gilday advised it was the consensus of the Commission to con- sider appointment of an Advisory Group to serve at Budget period.) Voice voting, yes were, Mayor Gilday, Vice Mayor Joy and Commissioners Mumford, Clark and Bauer. • RESOLUTION NO. 275 -(Attachment "P") This resolution requests payments for Education and Merit Increases mandated by the State, be funded by the State (in lieu of being paid by Municipalities out of Ad Valorem taxes). Commissioner Clark offered the motion to adopt the resolution, and Vice Mayor Joy seconded. This was unanimously approved, all votes Aye: Mayor Gilday, Vice Mayor Joy, and Commissioners Mumford, Clark and Bauer. BILLS FOR PAYMENT Mrs. Roberts submitted and explained bills presented and approved for payment. Adjournment - meeting adjourned at approxi • APPROVED: ATTEST• ~ Mary oan ei, Town Clerk DATED • ~' ~ ~~ f ~