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1974.06.04_TC_Minutes_Regular MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - June 4, 1974 At 7:20 P.M., Mayor Gilday called this meeting to order. (The Agenda is Attachment "A"), Present were: Mayor Gilday, Vice Mayor Joy, and Commissioners Mumford and Clark. When the Pledge of Allegiance had been completed, Mayor Gilday recognized Mr. Boscove who wished to address the Commission. Mr. Boscove advised: "This afternoon, Mr. Bauer and myself were interviewed to fill the vacancy on the Commission. I would like at this time to withdraw my name from such consideration." Mr. Boscove then recommended Mr. Bauer and gave his support to that nomination. The Mayor confirmed Mr. Boscove's statement advising that persons had been interviewed for the position of Commissioner (vacated by Commissioner Joy when he was appointed to the position of Vice Mayor at the last meeting). The Town Clerk was requested to read the June 4, Special Meeting Minutes. Inasmuch as the minutes thereof had not been typed, in final, the Town Clerk read her notes and after a correction was noted (in these minutes as written), they were approved. Commissioner Clark, then read a proposed Resolution to appoint a Commis- sioner and he inserted the name of Mr. Harry Bauer in reading such resolution. Commissioner Clark offered the motion to have the resolution approved: RESOLUTION NO. 251 - Appointing Mr. Bauer, Commissioner, (Attachment "B"). Commissioner Mumford seconded the motion and Mr. Bauer was unanimously approved; voting aye were Mayor Gilday, Vice Mayor Joy and Commissioners Mumford and Clark. The voting was a polled vote and the Resolution declared to be immediately effective. Mayor Gilday administered the Oath of Office to Mr. Bauer and staAding with them was the Town Clerk and Mrs. Bauer. When this ceremony was completed, the Town Clerk read the following dates and described meetings for which minutes were being presented for approval: "We had a Regular Meeting held ran Wednesday, May 8, 1974; the Recessed Meeting of May 8 held on May 14, 1974; Special Meetings of May 14, 16, 21, 24, the Special and Workshop Meetings of May 28, 1974". These minutes were then approved as written. (The Special Meeting of today, June 4, 1974, had been previously approved.) Page -2- MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - June 4, 1974 A First Reading was made for a proposed Ordinance to correct certain sections of Chapter Two of the Code of Ordinances. (Title read only to be read in full when considered for adoption.) (Animal Control) A Final Reading of ORDINANCE NO, 231, to amend Chapter 5, Section 5.5, Approved on the motion offered by Vice Mayor Joy and seconded by Commis- sioner Mumford; and by voice vote, Commissioner Clark, Commissioner Mumford; Vice Mayor Joy, and Commissioner Bauer and Mayor Gilday all voted Aye. (Charter Revision) ORDINANCE NO. 232, (An amendment to Ordinance No. 229 to correct certain sections thereof) was approved on the motion offered by Vice Mayor Joy and seconded by Commissioner Mumford. This vote was also taken by viva voce on the call of the roll; and responding in the affirmative were: Mayor Gilday, Vice Mayor Joy and Commissioners Mumford, Clark and Bauer. Mr. David Tyson, Representative of the Prudential Insurance Company of America addressed the Commission and advised of coverage available under the Town's insurance policy. Matter will be considered by each Commis- sioner and they will consult with Ms. Roberts and Mr. Tyson. The Acting Town Manager requested the Commission to consider and approve. the planned use of $14,794.00 which is earmarked for the Town under General Revenue Sharing (Federal Government) for the period 7/1/74 thru • 6/30/75. It was the consensus of the Commission that the cagegory, "Multipurpose and General Government" (Item 9 of the form) will provide the proceeds to be stated for specific uses at a later date. On a motion offered by Vice Mayor Joy and seconded by Commissioner Clark and unanimously approved by all members of the Commission, these funds to be so committed. Publication of this report is required, see Attachment"C". The Agreement (Well Field, Boca Raton) as more fully described in item 4 of the Agenda, then was read in its entirety. (See Attachment"D"). The Town Attorney, in audience, advised the Commission, and on a motion offered by Vice Mayor Joy, seconded by Commissioner Clark, and unanimously approved by the members of the Commission, this Agreement will be executed by Mayor Gilday on behalf of thefTown of Highland Beach. Prior to execution, the. word "City" which precedes "of Highland Beach" will be changed to "Town". Mayor Gilday then summarized measures being employed to invite applications for the position of Town Manager and he explained the typical responses being received. Page -3- MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - June 4 1.974 • The members respect to Town; i.e.: r~ ~J of the Commission were requested to consider and act with the filling of vacant positions of several boards of the THE BOARD OF ADJUSTMENT - Recommended that Rear Admiral James Farrin be changed from an alternate and be appointed to fill the vacancy of a regular, (position previously held by Mr. Charles Saari). The appointment, as a regular, to fill the unexpired term valid to 12/4/74. Commissioner Mumford offered the motion for approval, Commissioner Bauer seconded and the appointment was approved unanimously. , The vacated position of alternate, by the above appointment, was then filled by the appointment of Mr. Edward Potere, he was unanimously approved to fill the unexpired term valid to 12/4/76, and this motion was offered by Commissioner Clark seconded by Commissioner Bauer with approval of the Commission; and the other vacant position of alternate previously held by Mr. Gwinn (valid to 12/4/76), was filled by appoint- ment of Mr. Ben Stephenson. Motion offered by Commissioner Clark, seconded by Commissioner Bauer and approved by all members of the Commission. COMMUNITY APPEARANCE BOARD - Commissioner Mumford nominated Mr. Harold Storm, his term to be for two years from this date, as an alternate of the CAB, and it was seconded by Commissioner Bauer. Voting their approval were Mayor Gilday, Vice Mayor Joy and Commissioners Mumford Clark and Bauer. PLANNING BOARD The Chairman, Mr. Kemery, requested that the open position on this Board not be considered, matter to be pursued. The Acting Town Manager read into the record the letter dated May 29, 1974, received from Radice Realty and Construction Corporation, signed by their Project Coordinator, Dominick Scannavino. (See Attachment "E:) Mr. Charles Radice requested permission to address and summarize their proposal for the benefit of the new Commissioner, he advised that the plans originally approved were hastily planned and should be considered as a footprint of the building, as they left a great deal to be desired. He stated the new plans call for a more • Page -4- , MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - June 4, 1974 rectangular shaped building with less ground cover, more covered parking and no change in the number of apartments. Commissioner Clark stated his review of the change in plans shows a smaller building and apartments, he felt this change was motivated purely for economic reasons - the Commission was being asked to accept something less than what was agreed to. A long discussion followed as to the litigation and eventual Agreement. When the Radice presentation was completed, Commissioner Clark made the following motion, "I move that the request of the 3200 Development Corporation to substitute the Perkins and Wells design submitted on May 28, 1974, for the design attached to the stipulation be denied." Vice Mayor Joy seconded the motion and Mayor Gilday, Vice Mayor Joy and Commissioners Mumford, Clark and Bauer all voted against approving the modified plans of the 3200 De~relopment Corporation. After this motion, an appeal was made by Radice's Architect for an extension of the deadline of the Stipulation Agreement. He advised of negotiations with the Building Department but acknowl- edged he had not received any definitive assurances as to approval of changes in plans or for an extension. Commissioner Clark made the motion that the 60-day extension (requested by Radice) be denied, Vice Mayor Joy seconded; Mayor Gilday, Vice Mayor Joy and Commissioners Mumford, Clark and Bauer all voted in favor of the denial. The Acting Town Manager queried the members of the Commission as to their preferences for Areas of Interest. Commissioner Clark chose Building, the Vice Mayor waived the Public Health position, (see Chapter 13 of the Code of Ordinances which will be amended at a later date a position which Commissioner Mumford has been enforcing, she will continue in Public Health and Environment, Commissioner Bauer will review other available areas and advise; whereas Vice Mayor Joy deemed it desirable to continue giving his advice on matters relevant to Public Works, Water and Sewer. It was pointed out that Vice Mayor Joy, Mayor Gilday and Town Attorney Sliney should consult with Ms. Roberts in the near future as to the sewer laterals and a new proposed Hewer Agreement as these matters are being held in. abeyance. .7 Page -5- MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - June 4, 1974 • The Acting Town Manager read, in its entirety, a letter dated May 17, 1974, submitted by Mr. Joe Payson of Foresight Inc., regarding Lot 101 of the Town (Mr. Jack Madigan) their reference, "Trustees file No. 50-39-2338", etc. This reading included a letter of January 31, 1974, Department of Natural Resources signed by Thomas Savage regarding the proposed Shoreline Improvements of the aforesaid lot in the Town. (See Attachment "F" having 4 pages attached to the letter of 5/17/74). It was explained that these letters will be certified and submitted to appropriate authorities for permit purposes, and Mayor Glday requested the Minutes reflect such action. Mayor Gilday read Policy decisions as set forth in a Memorandum dated June 4, from the Acting Town Manager (See Attachment "G"). All matters discussed without action - to be pursued. The Acting Town Manager gave her report as to the Status of matters receiving her attention. She announced the hiring of Mr. John P. O'Grady (resident of Seagate) as the new Code Enforcement Officer; and Mr. August Librenz, Building Inspector. (She stated Mr. Librenz had been previously employed by City of Sunrise and Tamarac and he had refused an offer of the City of Tamarac, even though he lives there, in order • to accept the position in Highland Beach). Advised she is working on immediate problems in the water plant; Vice Mayor Joy will re port on the Water Plant Expansion and the Chairman of the Planning Board will report on recommended changes to the Zoning and Comprehensive Plan. She informed the Commission of the progress in repairing of fire hydrants; status of salt water intrusion studies; designation of Ms. Higgins to be Town Treasurer; work on procedural manual, etc. Ms. Roberts explained that an expenditure of approximately $800.00 will be needed for a lawn mower at the Water Plant. Vice Mayor Joy offered the motion to purchase the mower and Commissioner Mumford seconded, by unanimous approval, the sum of $800.00 was authorized for such disbursement. A motion was made by Commissioner Mumford, seconded by Commissioner Bauer to appoint Harold Storm to also serve on the Financial Committee, motion unanimously approved by all members of the Commission. Ms. Roberts advised of problems in the Building Department which included Holiday Inn. Vice Mayor Joy questioned the status of the Sewer System and a lengthy discussion followed as to; the issuance of building permits, which are all conditional until they can hook-up to Package Treatment Plant, as L Page -6- MINUTES: REGULAR MEETING OF THE TOWN COMMISSION - June 4, 1974 • well as the status of the completion date for the Treatment Plant. Ms. Roberts then continued as to her status report and her efforts to correct the Bel Lido drainage problems; she read Attorney Sliney's letter of May 17, 1974, regarding Appleby Street Abandonment and the Public Hearing held by the Planning and Zoning Board in Boca Raton. (See Attachment "H". The Acting Town Manager also included in her report, her proposed review of the Accounting system and practices; investigation of Retirement coverage for employees; and Notices (to be put on Lobby Board), received from the Department of Pollution Control. With respect to the status of rectifying the conditions existing at 4701 So. Ocean Blvd. (property owned by Mrs. Allwork - complaint made in March by Mr. Sam Snead), she read the advice contained in Mr. C. D. Milani's letter dated May 13, 1974 (copy attached, Attachment "I"). Also read into the record was a letter from Sandy Walton dated May 21, (Attachment "J") suggesting Cable TV for the Town. (Matters being pursued). RE PORTS Planning Board Chairman Kemery advised that he is arranging for re-hearing numerous zoning changes and is consulting with the Town's Attorney • and he urged support from the Taxpayers for the proposed reduction in density. Senator Hults advised of the continued good work of the Police Department. Community Appearance Board and the Board of Adjustment made no report. Vice Mayor Joy advised of: The Burglar Alarm system installed in Town Hall; a meeting for Wednesday, June 5, with Ms. Roberts and representatives of an Engineering firm; and of Boca Hi's requirements for water for their RPUD project. No other reports were made.. The water softening process and Boca Hi landscaping were also discussed. Various bills were read by Ms. Roberts, and approved for payment.