1963.04.09_TC_MinutesMinutes. Highland Beach Town Commission. April 2, 1963.
~, April 9, 1963.
The regular monthly meeting was called t® order by Cmmm. Turner
at 7:3o p.m. on April 2 ,1963. N® ®thers ware present except
.Town Manager Hartwig and a® far lack of a quorum Comm. Turner de-
Glared the meeting recessed until 7;30 p.m. on April 9, 1963.
The monthly meeting recessed from April 2, 1963 was called t® order
by Mayor Eypel at 7;3D p.m. an April 9, 1963. Als® present were
Commers Bertash, Jones and Turner and Tmwn Manager Hartwig. Comm.
Noble was absent.
By general agreement reading ®f the minutes of the preceding meet-
. ing was deferred so that Tewn Attorney Henry Lilienthal, present set
the request of the several commissioners, could report and give his
advice in the matter of the suit against the Town by the Highland
Beach Realty Company.
Attorney Lilienthal presented copy of the ~udg~ment of the court in
the above mentioned case and stated that the Town would either have'~"o
comply with the ~udg~ment and return EleIIea Thousand Dollars t® the
Highland Beach Realty Company, ®r appeal the judgment of the c®urt.
He stated that while he felt the decision was an injustice to the
Town it would be a®stly t® appeal it and he could n®t see mush hope
that the T®wn would win an appeal. He advised payment of the judg~•»
merit and .assured the commissi®n that the Town would have no ®bliga«
ti®n to complete the improvements in Highland Beach Isles. He also
advised the Commission to cancel and rescind Resolution #116 which
.was recently passed tv confirm acceptance of the dedication of the
streets and easements in Highland Beach Isles.
send
After discussion/,careful oensideration of the matter, Comm. Jones
m®ved 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 1.x.03,-T. The
motion was seconded by Comm. Bertash and appr®ved by the affirms..
tine votes of Cc~aers Bertash, ~rpel, J®nes and Turner.
In the judgement referred t• as #60L 1}.0,3-T the Town was allowed t®
withhold the sum of X650.00 ®f legal fees. Comm. Jon®s moved that
thismsum 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 affirmative v®tes of Commtrs Bertash, Eypel,
Jones and Turner.
Comm. Jones moved the adoption of Resolution X118 to rescind Resoh
cation #116. Comm. Bertash seconded the moti®n and by the affirmative
votes of Comm~rs Bertash, ~ypel, Jones and Turner, Resolution #118
was passed 'and adopted without dissent.
Resolution #118 appears in full on the following pag®, page 2 of
thes® minutes. ~~,
(minutes continued on page 2)
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(page 2, minutes) Highland BeacY~' Town commission. 1.{./'`9/63.
~: ~, -:mot-~ x-~,
T-O~iRT OF H-IGHLAND BP' `.CH. Resolution #11$.
Be it resolved by the Town Commission of the Town of Highland
B®ach, Florida, in session assembled April 9, 1963, that the
previous resolution of this Commission dated November 27s 1962,
accepting as public roasts and streets
BeZ Air Drive a~en,d
Russell Drive
as shown on the Plat of
Highland Beach Isles, recorded
in Plat Book 25, Page 15~., 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 decision rendered
against the Town of Highland Beach in suit brought by Highland
Beach Realty. Company., case No. 6Q.»L-x.03»~, in the Circuit Court of
the Fifteenth Judicial Circuit, Palm Beach County, Flort~da.,
requiring the Town to refund the money originally put up
to guarantee the construction of said stye ~. .,~
'~ _- ~~
_or Commissioner
j'~ Vice-Mayor-Commissioner
_..
..
ow er omm ss oner
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Commissioner
V ,7 ~~ `
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omm s s oner
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AS AND COATSTITUTING THE TOWN COMMISSION
OF THE TOWN OF HIGHLAND BEACH, FLORIDA..
ATTEST:
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own ler °~
(minutes continued on paege 3)
(page ~., minutes) Highland Beach Town Commission. x./9/63.
Financial Summary as of April 8, 1963,
Active account First National Bank of Delray Beach. Balance ~~}.,225.
Bank of Palm Beach & Tr. Co. Savings Acct #120 balance ~1.~.3,631.}..
(subject to deposit from H. B. Isles of 12,000.)
Water 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 lst Fed. S & L of Del. Bch 232.
Current taxes collected ~17,253.out of total roll of X18,600.
Water revenue reed since 11/1/62 ~1~., 866.
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Submitted April 8, 1963 ~:~ ~t.1 +~1'~ ~~ ,
Town Manager
There was discussion about the leaking water meter at Highlands
Apartments. By general agreement it was decided that Mr. Bertash
would try to locate the shut-off vale in his parking lot so 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, F.'ypel,
Jones and Turner.
(end of minutes). Approv
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(page 3, minutes) Highlaand Beach Town Commission. ~}./9/63.
The business of the meeting, up to this point, had covered the ques~
Lions 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 1963, were read and approved on motion of Comm. Bertash,
seconded by Comm. Jones and the affirffiative votes of Commtrs Bertash,
Eypel, Jones and Turner.
The Town Manager requested re-appointment of Gedney, Johnston and
Lilienthal as Town Attorneys, and Brockway, Weber & Brockway as Town
Engineers. Each 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 e~rpiring arrangements for another year. Comm.
Jones seconded the motion which was approved by the affirmative votes
of Commtrs Bertash, Eypel, Jones and Turner.
The Town Manager requested approval of the quarterly payment of X1,200.
to County Sanitation which was due and paid on March 15, 1963. He also
reqnested approval of payment of Water Bonds and Interest, due June ist
1963, in the amount of $6,705.00, to the Chase Manhattan Bank. Comm.
Jones moved that payment of these two items be approved. Comm. Turner
seconded the motion and it was approved by the affirmative votes ®f
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~oved by the affirmati-ve votes of
Eypel Jones and Turner. The summary appears o
page ~j. of these minutes.
(minutes continued on page 4.)
A
summary of T pwn
that it be copied
seconded .the motion
Ccm~m~ rs Bertash,
n the following page,
p ~/ ~ .
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