1974.11.26_TC_Minutes_SpecialMINUTES: Special Meeting and
November 26, 1974.
At 9:40 A.M., Mayor Gilday c;
read the purpose as shown in
prompt action (the notice is
Attachment A thru F)
Workshop Meeting of the Town Commission -
~lled the Special Meeting to order and he
the attached notice which necessitated
earmarked, attachment "A").
Present were: Mayor Gilday, Vice Mayor Joy and
Commissioners Mumford, Clark and Bauer.
Also in attendance: Elaine W. Roberts, Town Manager,
John P. O'Grady, Zoning Administrative and
Building Official,
Chief of Police, Kenneth Jones, and
Attorney, Thomas E. Sliney.
Attorney Sliney requested permission to address the Town Commission and
he summarized the status of the Radice matter: Advised that he had sent
Radice (3200 Corporation, now known as Highland Beach Towers) a letter
dated November 13, 1974, which set a deadline for picking up the building
permit, (see attachment "B").; informed the Town Commission of the "Petition
for Rule to show cause or in the Alternative for order construing Court's
Final Judgement", (attachment "C"); and he cited the four statements
contained in the stipulation. He also advised that in a subsequent con-
versation with Radice's lawyer, their position, by virtue of the Southern
Standard Building Code, was that they had six months to pick up their
building permit and they, in turn, were required to issue the General
Release.
Mayor Gilday read from the original stipulation and he questioned the
necessity of the Town to comply to any further requests, a prolonged
discussion then took place. It was the consensus of the Town Commission
to put the matter before the Court.
Commissioner Clark offered the motion that the Town Counsel oppose the
Stipulation, Commissioner Bauer, seconded, voting Aye were: Commissioners
Clark and Mumford, Mayor Gilday, Commissioner Bauer, and Vice Mayor Joy.
At approximately 9:45 A.M., the purpose for which the Special Meeting
was called was concluded and the Mayor then advised the Workshop Meeting
was in session:
The Agenda for the Workshop Meeting is attachment "D".
Mr. Tom Losee, acted as a spokesman for other residents and requested
permission to address the Commission, inquiring what information had been
received by the Town and/or permission granted, for the clearing of certain
Special and Workshop Meeting of the Town Commission, November 26, 1974 -
Page -2-
lots in the Town, east of A-1-A which are zoned RS-l, across from Regency
• Highland.
Discussion followed as to the Town's receipt of an application to permit
clearing of debris, sodding and planting of property across from Regency
Highland, an access path and a meandering pathway were stricken from the
application for such a permit. A large number of single-family homeowners
present at the meeting, joined in the general discussion which took place.
Questions were raised regarding a Prospectus of Regency Highland, particu-
larly with respect to item 8, which appears on page 10 thereof. (A copy
of the Prospectus is attachment "E".).
Mr. Losee then read into the record, the contents of a letter written by
Gavin K. Letts, Esq., dated November 25, 1974, attachment "F". He also
stated that he will bring this matter before the Civic League.
The Town's Counsel was requested to advise as to the violation of rights.
Attorney Sliney stated that he had not considered all aspects of the
matter; however, you cannot prohibit private rights because of a possible
violation in the future.
It was the agreed consensus that Mr. Goldberger of Regency Highland be
requested to furnish the Town with a copy of his reply to Attorney Lett's
• letter for the review of the Town Commission and Counsel. Further,
the Town Manager was to consult with Attorney Letts, and if there was no
objection by Attorney Letts, a meeting may be arranged with Mr. Gold-
berger, and Messrs. Walton, Rex and Losee with Mrs. Roberts and the
Mayor to secure additional information in this matter. The foregoing
met with the expressed appreciation of residents in attendance and,
following a short recess, the meeting continued.
Mrs. Roberts then addressed the Commission and summarized her reasons
for items (a) thru (e) of item two of the Agenda.
In the discussion of these subjects, it was suggested that a resolution
be prepared for the abandonment of the Finance Committee and when the
Budget is under study for the next Fiscal Year, a Budget Advisory Grou p
may be appointed before any official action is taken for the Budget.
With respect to the Schedule of Fees, this matter will require formal
action to be taken at the Regular Meeting.
A prolonged discussion took place as to the incentive increases for Police
Officers. An Amendatory Ordinance revising the B~zdget will need to be
prepared and presented to the Town Commission for action at the Regular
Meeting for the recguired increase of $920.00. It was also suggested that
• the Town Commission consider adopting a resolution objecting to the
Special and Workshop Meeting of the Town Commission, November 26, 1974-
Page -3-
• continuing un-economical increases, it was the consensus that this also
be placed on the agenda for the regular meeting.
The Town Manager and the Finance Director explained the Life Insurance
Coverage proposal and also the proposed change in carrier. The Commission-
ers agreed that such coverage and change be effected and requested Mrs.
Roberts to attend to the details relevant thereto.
A prolonged discussion took place regarding the Town's arrangements with
its consulting engineers, Russell & Axon and proposed costs for the
expansion of the Water Treatment Plant. The Town Commission agreed with
the Town Manager's recommendation that she advise, by letter, that she is
not taking any action at this time and she will review the legal aspects
of the Town's contractual relationship and inform the Town Commission of
her findings.
At this point in time, the Mayor spoke with the. Town's Attorney by phone,
as Radice was pursuing the matter previously considered at the Special
Meeting. It was the consensus of the Town Commission that Mayor Gilday
should appear at the hearing to be held, and if he deemed it desirable,
he could grant a reasonable extension.
• Mrs. Roberts informed the Town Commission of the receipt of funds
amounting to $1,953.44, refund of proceeds advanced for the Duneline Study
by F.A.U. She also cited that increased costs have been advised for the
bicycle path.Ga'e approximately $3,700.00 due to changes in routing; however,
the definitive amount has not been ascertained.
The Town Manager advised that Penthouse Highlands were objecting to costs
to be incurred for transplanting and relocating of sprinklers due to the
bicycle path and requested to Town Commission to consider whether such
costs, in whole or in part, should be borne by the Town or Penthouse High-
lands. It was pointed out that the trees and sprinklers were on the
rights-of-way; however, the Town Commission agreed to consider payment of
$225.00 for such costs, and the Town Commission requested Mrs. Roberts to
advise them accordingly.
Mrs. Roberts also informed the Commission of her receipt of $87.00 which
resulted from her filing a claim in the interest of the Town in the Govern-
ment's suit against Gypsum Wallboard Company.
The Town Commission were apprised of the Zoning Administrative Official's
refusal to grant another extension to Weidersum, beyond November 22, 1974.
• Discussion took place as to considering a helicopter landing pad at
Special and Workshop Meeting of the Town Commission, November 26, 1974 -
• Page -4-
Town Hall, it was the consensus that nothing be done at this time.
The Town Commission were informed of seawall damage. at Highlands Inn and
Mrs. Roberts recited the course taken to correct this matter.
With respect to the Town's program for Lethal Yellowing of Palms, the
Town's counsel has given his findings as to holding the Town harmless,
and Mrs. Roberts would be informing the residents of this program.
Commissioner Clark inquired about the White House property (Mr. Steinhardt)
a discussion took place as to the need to give another 120-day notice by
the Housing Board of Adjustments and Appeals, matter to be further re-
viewed.
Other matters were discussed: the proposed ordinances to be received
from the Town's attorney for a first reading at the regular meeting
(see item 3 of the workshop agenda),. revised data received from the
office of the Palm Beach Tax Collector as to Taxable real estate values
for operating millages, and Vice Mayor Joy inquired as to the status
of the Water Tank, Sewer System, seawall status and facilities for
Holiday Inn. The collection of assessed impact fees on newly constructed
• building not on tax rolls--procedures questions. (This latter matter to
be reviewed and advised).
The meeting adjourned at approximat
APPROVED:
ATTEST
Town Cler
DATED: ~~ ' ~ ',~
•