1974.03.05_TC_Minutes_Regular
• MINUTES: Regular Meeting of the Town Commission, March 5, 1974
Mayor Horton called the meeting to order at 7:15 P.M.
Present were: Mayor Horton, Vice Mayor Dent and Commissioners
Gilday, Joy and Mumford.
Mayor Horton summarized .actions taken by the Commission as stated in
Minutes of February 6, 14, 26, 1974. The minutes, as written, were
approved by the Commission with one correction noted for the Special
Meeting of February 14.
The Mayor advised that the Community Appearance Board, in their letter
of February 6, 1974, request Donald Rex be reappointed for a term of
two years as a regular. Rear Admiral James Farrin, U.S.N. retired, has
been recommended for an Alternate position with the Board of Adjustment,
and it was requested that this appointment, to December 3, 1976, also
be approved. These appointments were unanimously approved on a motion
offered by Commissioner Gilday and seconded by Vice Mayor Dent, with
voting in the affirmative by Mayor Ho=ton, Vice Mayor Dent, and Commissi~an-
ers Gilday, Joy and Mumford.
Mayor Horton advised and read the following communications, in whole or
• in part:
Letter dated February 27, from Ms. Jackie Winchester, Supervisor of
Elections, advising that Ms. Dorothy W. Glisson, Director, Division of
Elections, Dept. of State, Tallahassee, would be the principal speaker
at the West Palm Beach City Commission Chambers on March 14, at 8:00 P.M.
Ms. Glisson would also answer questions concerning the election laws.
Commissioner Gilday advised that he and Ms. Ciomei would be attending and
invited Commissioners to,accompany him.
A notice from the Palm Glades GirlScout Council, holding its Annual
Meeting on Sunday, March 24 at Camp Welaka in Jupiter. Mayor Horton asked
that if anyone would attend, he be advised and they could represent him.
A letter from Mr. John Wilson, District Traffic Operations Engineer,
Florida Dept. of Transportation, dated March 1, which advised that Section
93060 (Town of Highland Beach) of State Road AlA would have a speed
restriction of 40MPH. Such change to be effective when the new speed
signs are post by the D.O.T. and this change will be inserted in the
Monthly Bulletin.
A letter from Mr. Sam Snead dated March 4 referred to the conditions of
• property which exists at 4701 South Ocean Blvd. (property belongs to Mrs.
Ronald Allwork). It was suggested that the Health Officer (Commissioner
• Regular Meeting of the Town Commission - March 5, 1974 Pa e 2
Mumford), Ms. Roberts, Chief of Police Jones and the Building Inspector
be consulted .and recommend measures to be considered and taken. Matter
to be pursued.
The receipt of another letter from the BeI Lido Owner's Association
dated February 26, was read. Discussed a proposed Letter Agreement
and the question as to the method of proceeding was directed to the
Commission; i, e., to pay a percentage of all costs incurred or to
pay up to $1200 a year for such costs. Commissioner Gilday made the
motion that beginning March 1, 1974, the Town help defray the costs for
the maintenance of Bel Lido entrance-way, not to exceed the sum of
$1200,00 a year, with the understanding that such sum be reduced by any
direct payments under Town's arrangments for maintenance charges (direct
contracting for grass mowing, costs of water and electricity, etc.).
Commissioner Gilday's motion was seconded by Mayor Horton and in response
to the question, the voting was unanimously approved by Mayor Horton,
Vice Mayor Dent and Commissioners Gilday, Joy and Mumford. (A Letter of
Agreement dated March 6, 1974, was forwarded to the Association for its
acceptance, copy attached.)
TAXES AND FINANCE
• The Chairman, Mr. Ben Abbott was absent. Mayor Horton informed the
Commissioners that copies of the financial statements show the status
of the General, Water, and .Sewer Fund Accounts (statements as of
Feb, 28). The review of these statements which reflect the amounts
budgeted for F/Y 74 and the actual amounts from October 1, 1973, thru
February 28, 1974, Mayor Horton advised that the receipt of $30,175
for interest exceeds the budgeted amount of $25,585; and the amount of
$8,040 received from Federal Revenue Sharing was not budgeted. Discussion
followed and it was the Commission's consensus that the financial
position is good.
BUILDING DEPT.
Vice Mayor Dent stated that Mr. Thomas E. Byrd, counsel for Oliver Hoff-
mann Corporation was in audience. Commissioner Gilday advised that
these parties were present regarding the permit being sought for Lot
56. Commissioner Gilday offered a motion that the matter be referred
back to the Building Dept. and Commissioner Joy seconded the motion.
Discussion took place that, if this motion is approved, such action
would enable the petitioners for the Regency Highland project to file.
a new application for a temporary structure instead of a sales trailer
permit and that the issuance of a permit by the Building Official,
Mr. Foster, for the temporary structure would be in order. Mayor Horton
then asked for a formal vote. Mayor Horton, Vice Mayor Dent, and
Commissioners Gilday, Joy and Mumford all voted their approval of the
above-stated motion.
• Regular Meeting of the Town Commission - March 5, 1974 - Page -3-
The Vice Mayor advised that he and Vern Foster had looked at Sheet
Piling Construction in Boca Raton. The Vice Mayor stated that in his
opinion, such construction is economically feasible and he gave certain
cost figures to illustrate. The owner of the Winterhalter had approached
the Building Dept. and was considering requesting re-zoning of property
now carrying designation RS-l, no encouragement was given to this
inquiry.
With respect to Mr. Urbanek's plans and request for building permits for
Lots Nos. 109, 116 and 117, the Vice Mayor advised that he was going
to discuss with Mr. William Carlton of the Dept. of Natural Resources
whether there were any pending changes in setback requirements of the
State.
Vice Mayor Dent advised that the Building Dept is beginning to issue
building permits for single family dwellings, and multi-family projects;
however, no Certificates of Occupancy would be granted until the
Interim Sewage Treatment Plant is completed.
Discussion took place regarding charges required for sewer and water
connection fees.
• Ms. Roberts advised that she had received word that the material and
equipment for the sewage treatment plant was being ordered and that the
amended date for completion was July 31, 1974.
In response to Commissioner Joy`s question regarding payment of connection
fees, Mayor Horton advised that in the future, the Building Dept must
collect payment of all fees due and payable, water connection fees and
sewer connection fees, and this be done before the issuance of the building
permit.
Discussion took place regarding the proposed Charter Revisions which will
be placed on the ballot for the May 7 Election.
Commissioner Joy offered a motion which was seconded by Commissioner
Gilday that except for the replacement of filing vacancies of present
positions, the hiring of any new employees should be deferred until after
the election, to enable the Town Manager to have the final say in the
selection of new employees. There were objections to the motion; however,
the record will show that Commissioners Gilday, Joy and Mumford voted
Aye, the Mayor and Vice Mayor voted Nay, the motion carried 3 to 2,
• If more than two persons file for each expiring office: Mayor plus
two Commissioners, Mayor Horton informed the Commission and residents that
a Primary would be held on April 9; the earliest filing date is March 22,
and the latest a candidate could file is April 5,
Regular Meeting of the Town Commission - March 5, 1974 - Page -4-
•
PUBLIC WORKS, WATER & SEWER DEPT.
Commissioner Joy advised that he attended a meeting in West Palm Beach
on February 26, regarding the Twefth Street Bridge which has priority
number four on the Dept. of Transportation Project listing.
The Commissioner advised that he is having cost data gathered for
drains in Bel Lido.
Ms. Roberts advised that the Water Plant Operator, Mr. Arney, informed
her that due to the high daily consumption it was a problem to keep
up with the water processed thru the filtering system. Discussion
followed. Mayor Horton confirmed that the stand-by arrangements with
adjoining municipalities would assist the Town, if necessary.
Discussion took place regarding the answering service requested for the
Water Plant. Mr. Arney would not have a telephone intercept service
but if he is not available, a call to DiCampli would have that office
reach him by radio. Commissioner Joy made the motion to approve the
$25.00 a month. charge to install the answering service for the Water
Plant. Commissioner Gilday seconded the motion, and it was approved
• without dissent.
Commissioner Joy advised that the Consulting Engineers have completed
the specifications for the Waterway Crossing and requested the
Commission's approval to have the matter published advising bids to be
opened on April 4, at Town Hall, at 10:00 A.M. Commissioner Joy
offered this motion for approval, seconded by Commissioner Gilday and
the following voted .aye: Mayor Horton, Vice Mayor Dent, and Commission-
ers Gilday, Joy and Mumford.
(*said)
In response to an inquiry as to the completion of the sewer service
laterals, Mayor Horton /that counsel for the Highland Beach Utility
Company will submit data to Attorney Sliney. Nothing has been received,
to date.
PUBLIC HEALTH ~1ND ENVIRONMENT
Commissioner Mumford informed the Commission that County Commissioner
Culpepper referred her letter to Mr. Mowry of the County's Planning
and Recreational Dept. Commissioner Mumford has been seeking
assistance to have Lot 106 considered for Park purposes for the Town.
•
• Regular Meeting of the Town Commission - March 5, 1974 --Page -5-
Commissioner Mumford advised that at the Special Meeting of February 26,
the Commission were informed by Dr. Tessin, Professor Murday and Dr.
McAllister that studies could be made by the University to determine
a set-back line on a technical basis, that the proposed research project
would require an expenditure of $12,734.53 and a contract with F.A.U.
Vice Mayor Dent offered the motion to approve this project and enter
into a contract with F.A.U. for the duneline study. Commissioner
Mumford seconded the motion and Mayor Horton, Vice Mayor Dent, and
Commissioners Gilday, Joy, and Mumford all voted in the affirmative.
Vice Mayor Dent suggested that, in the future, it may be feasible to
create an interest in municipally-owned property which could be offered
for swap and be used for park purposes.
POLICE AND LEGAL
Commissioner Gilday advised of the additional officer added to the
Police Staff, Ptl. Benjamin Burgess who was sworn in on February 25,
and he advised that the department is running smoothly.
The Commissioner offered the motion to approve the expenditure of
• $1,000.00 for the purchase of a speed gun, Commissioner Joy seconded
the motion, and all Commissioners voted their approval.
Commissioner Gilday gave the current status of law suits pending.
In the Van Lennep case, their request for a Summary Judgement was
denied, appeal brief was received by the Town Attorney and the Town
will file their answer. The Healy case will probably be moved for trial.
Commissioner Gilday advised that the form to be used by persons wishing
to file as candidates in the next Town Election (May 7, 1974 will be
completing a form that has been redesigned so that the candidates will
be bound by the proposed term change in the Charter, if such Charter
Change is approved by the qualified voters.
PLANNING AND ZONING
Chairman Kemery advised of the following meetings of the Planning Board
and the purposes thereof:
Date Purposes
February 7 To consider RPUD plans of Oliver-Hoffmann Corp.
for Lot 56. This was a workshop meeting.
• February 14 A Public Hearing to consider the request from the
Highland Beach Utility Company for a Sewage
Treatment Plant, meeting recessed to Feb. 21.
Regular Meeting of the Town Commission - March 5, 1974 - Page -6-
Date Purposes
February 21 Continued Public Hearing of February 14,
and considered a letter from the Town Attorney
regarding notification of adjacent property
owners, and the members of the board viewed
the plot plan regarding the. plant to be
north of the Church. The matter was approved
by the members, of the Planning Board. This
meeting also had discussion of proposed
zoning changes.
March 7 Meeting to continue with discussion of proposed
zoning changes.
March 21 Regular Meeting.
BOARD OF ADJUSTMENT
Chairman Richard Kemper was in audience and he advised that the
Board of Adjustment had submitted to the Commission a copy of their
findings dated February 26, regarding the Public Hearing and the
granting of a Special Exception--Parker Properties of Florida, Lot
13(a). Mayor Horton read such findings into the record, see copy
• attached.
CHARTER REVISION COMMITTEE
Senator William Hults was not in audience. Commissioner Gilday
advised that this Committee had in a very brief period spent many
hours updating and suggesting revisions to the Charter: Recommending
a change in the form of government, terms of office; and compensation
for the Commission; all of these proposed charter revisions to be put
on the ballot for the May 7, 1974 Election. A resolution to thank
the members of the Committee is to be considered at a later date.
TOWN ADMINISTRATOR
Prompted by recent newspaper articles, Ms. Roberts informed the
Commission that she had written to the Palm Beach County Commission
requesting consideration for funding of the bicycle path.
She advised of the following notices, meetings, etc.:
Notice of: Florida Public Service Commission Hearing, Thursday,
March 21, at 9:00 A.M. (posted to bulletin);
Meeting of: Palm Beach County Municipal League, February 8, 1974,
Friday at 1:30 P.M., met in Highland Beach Town Hall, next meeting
• on March 8 in West Palm Beach.
Copy of a letter from Southern Bell dated January 21, to the Dept.
of Transportation applying for permission to construct, operate and
• Regular Meeting of the Town Commission - March 5, 1974 - Page 7~-
and maintain underground manholes, etc., parallel to SR AlA in
Highland Beach. Matter advised to Russell & Axon, who informed her
that no conflict exists.
Notification from the Florida League of Cities, February 12, advis-
ing of Voluntary gasoline distribution plan, and similar resolution
adopted by the Palm Beach County Board of Commissioners.
Mayor Horton advised that the draft of the Agreement proposed for
the Well Field sewer assessment exemption had a change. Commissioner
Gilday offered the motion to execute the Agreement with the City
of Boca Raton seconded by Commissioner Joy. Mayor Horton, Vice
Mayor Dent, and Commissioners Gilday, Joy and Mumford voted their
concurrence. (The Town's Attorney to submit the Agreement for
execution when received in final form).
Mayor Horton advised of scheduled meetings of the Community
Appearance Board to be held on March 14, and March 28.
Vice Mayor Dent advised of the Public Hearing called for the
• Moratorium Variance Board on March 12, at 10:30 A.M. to consider the
petition of the Holiday Inn.
A first reading of the proposed RPUD Ordinance was read. Vice
Mayor Dent advised that to attachment "A", an additional letter
should be added, such letter dated February 5, advised the proposed
timetable for the Boca-Hi project.
UNFINISHED BUSINESS - None reported.
NEW BUSINESS
Mr. Sperry inquired as to the decision of the Commission in response
to his inquiry. He was advised that the Town Attorney was reviewing
this matter.
Mayor Horton also informed the Commission that the proposed Agreement
regarding the Interim Treatment Plant was subject to the review of
the Town Counsel.
Bills were presented for payment and were approved.
The meeting adjourned at 9:45 P.M.
•
APPROVED.
ATTEST: ~ -~~
(Town C1er
Dated:~~-~-~~~
•
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