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1963.04.02_TC_MinutesMinutes. Highland Beach T®wn Commission. April 2, 1963. April 9, 1963. The regular monthly meeting was called t® order by C®mm. Turner at 7:30 p.m. on April 2,-1963. N® ®thers ware present except Town Manager Hertwig and s® for lack of a quorum Comm. Turner de- Glared the meeting recessed until 7:30 p.m. on April 9, 1963. The monthly meeting rec®ssed Erma April 2, 1963 was called to order by Mayor Eppel at 7:30 p.m. an April 9 1963. A la® present were Comffi~rs Bertash, Jones and Turner and own Manager Hertwig. Comm. Noble was absent. By general agreeffient reading ®f th® minutes of the preceding meet- ing was deferred so that Town Att®rney Henry Lili®nthal, present eet the request ®f the several c~nissionere, could report and give his advice in the matter of the suit against the Town by the Highland Beach Realty Company. Attorney Lili®nthal presented .copy of the judgment of the court in the above mentioned case and stated that the Town would either have'~'a comply with th® judgtment and return Elesen Thous$nd Dollars to the Highland Beach Realty Company, ®r app®al the judgment of the court. He stated that while he felt the decision was an injustice to tha Tawn it would be, c®stly t® appeal it and he could n®t see mush hope that the Town would win an appeal. H® advised payment of the judge meat and assur®d the commission that the-Town would have no eblig~a« Lion to complete the improvements in Highland Beach Isl®a. He also advis®d the Commission to cancel and rescind Resolution X116 which .was recently passed to confirm acceptance of the dedication of the streets and easements in Highland Beach Isles. stid After discussion/,careful consideration of the matter, Comm. Jones moved that the Town comply with the order of the court and refund X11,000.00 to the Highland Beach Realty Company as required by Judge Hewitt. Reference number of the judgement is ~60L x.03,-5. Th® motion was seconded by Comm. Bertash and appr®ved by the affirmaw tive votes of Comm~rs Bertash, B`ypel, J®nes and Turner. In the judgement referred to as ~60L )}.0,3--E the Town was allow®d t® withhold the sum of X650.00 of legal fees. C mmn. Jon®s moved that thismsvm be paid t® Attorney Lilienthal for his services in c®nn- ection with the litigation. Comm. Bertash seconded the motion and it was approved by the affirffiative v®tes of Commis Bertash, ETpel, Janes and Turner. C mma. Jones mov®d the ad®ption of Resolution X118 to rescind Resoles cation #116. Comm. Bertash seconded the motion and by the affirmative votes of Comm~rs Bertash, ~ypel, Jon®s and Turner, Resolution #118 was passed 'and adopted without dissent. Resolution #118 appears in full on the following page, page 2 of these minutes. ~~~ (minutes c®ntinued on page 2) ~. f`~ `~ ~ ~~ ~ i . l ~y (page 2:, minutes) Highland BeacY~ Town Commission. 4/x/63. T-OWN OF H-IGHLAND BP'A.CH. Resolution #118. Be it resolved by the Town Commission of the Town of Highland Beach, Florida, in session assembled April 9, 1963, that the previous resolution of this Commission dated November 27, 1962, accepting as public roams and streets BeT ,fir Drive a~en,d Russell Drive as shown on the Plat of Highlaend Beach Isles, recorded in Plat Book 25, page 154, in the office of the Clerk of the Circuit Court of Palm Beach County, Florida be and the same is hereby rescinded, due to the deciaioh rendered against the Town of Highland Beach in suit brought by Highland Beach Realty Company., case No. 6Q.»L-403»~, in the Circuit Court of the Fifteenth Judicial Circuit, Palm Beach County, Florida., requiring the Town to refund the money originally put up to guarantee the construction of said stre ~. _,~ ~ -1~gor comms.ssioner ee-Mayor- omm ss oner -. ~~ . ~~° ow er omm ss oner • ~~~ Comm ssioner c~"frLt ~~ Comm s s oner AS AND COATSTITiJTING THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA.. ATTP;ST _ -- __ "moo<~ own ler ~. (minutes continued on page 3) ~. ~~ (page 3, minutes) Highhend Beach Town Commission. 1~./9/63. The business of the meeting,. up to this point, had covered the ques~ tions for which the Commission had requested the presence of the Town Attorney and so,after the Mayor thanked Mr. Lilienthal for hie attendance, he left and the meeting continued with other business. Minutes of the meetings of February 5th and 26th and March 5th and 26th, all 19b3, were read and approved on motion of Comm. Bertash, seconded by Comm. Jones and the affirmative votes of Commtrs Bertash, Eypel, Jones and Turner. The Town Manager requested re-appointment of Gedney, Johnston and Lilienthal as Town Attorneys, and Brockway, Neber & Brockway as Town Engineers. Sach of these firms has been serving for a basic annual retainer of X300,00 to cover office consultations. The Lilienthal appointment expired April 1, 1963. The Brockway appointment will ex» Aire July 1, 1963. Comm. Turner moved that the Town Manager be au- thorized to renew the expiring arrangements for another year. Comm. Jones seconded the motion which was approved by the affirmative votes of Comma rs Bertash, E`gpel, Jones and Turner. The Town Manager requested approval of the quarterly payment of X1,200. to County Sanitai~ion which was due and paid on March 15, 1963. Fie also re nested approval of payment of Water Bonds and Interest, due June ist 193, in the amount of X6,705.00, to the Chase Manhattan Bank. Comm. Jones moved that payment of these two items be approved. Comm. Turner seconded the motion end it was approved by the affirmative votes of Comm~rs Bertash, Eypel, Jones and Turner. The Town Manager presented and read a condensed finances as of April 8, 1963. Comm. Turner moved into the minutes of this meeting. Comm. Bertash which was appa+~ved by the affirmati-ve votes of Eypel Jones and Turner. The summary appears o page I~j. of these minutes. (minutes continued on page ~..) summary of Town that it be copied seconded the motion Cc~mm~rs Bertash, n the following page, .~_ l ,, 1 r ...~~'W ~ ,- (page ~}., minutes) Highland Beach Town Commission. J.~./9/63. Financial Summary as of April 8, 1963. Active account First National Bank of Delray Beach. Balance ~1~.,225. Bank of Palm Beach & Tr. Co. Savings Acct #120 balance X1.}.3,631.}.. (subject to deposit from H. B. Isles of 12,000.) Mater Bill Security, Acct #1768 1st Fed. S.&L. of Del. .Bch $~92~.. Sinking Fund, Acct.#2719 Bank of Pm Bch & Tr. Co. X11,385. Sinking Fund, .Acct #829 1st Fed. S & L of Del. Bch 232. Current taxes collected ~17,253.out of total roll of X18,600. tNater revenue rec 1 d since 11/1/62 ~1.~., 866 . ,~~ -. Submitted April 8, 1963 ~~ ~~ a'~ Town Manager ~'.60::k^t'e ~'.f3t?•83t-s~#457, :r:.ti1-~ ;c3f There was discussion about the leaking water meter at Highlands Apartments. By general agreement it was decided that Mr. B®rtash would try to locate the shut-off valge in his parking lot s© that the water could be shut off and the meter repaired. The meeting was adjourned on motion of Comm. Bertash, seconded by Comm. Jones and the affirmative votes of Commtrs Bertash, I~ypel, Jones and Turner. _ (end of minutes). Appr ~~ ~. ~~,c_.~-