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1977.10.11_TC_Minutes_Special • TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission Special Meeting October 11, 1977 9.30 A.M. Acting Mayor Robert D. Clark called the meeting to order at 9:30 A.M. Present were: Commissioner Robert D. Clark (Acting Mayor) Commissioner Ruth E. Mumford Commissioner Leslie W. Joy Absent: Mayor Morton E. Gilday Also present: Elaine W. Roberts, Town Manager M. Maree Birkbeck, Finance Director • Thomas E. Sliney, Town Attorney Kathryn M. Borgemenke, Town Clerk Commissioner Clark stated that the minutes of the previous meetings where a quorum was present have been published and are available and if there were no objections, the Minutes will be approved. There were no objections or changes and the Minutes for the month of September were accepted and approved. Commissioner Clark stated that a letter was received and he wished to deviate from the regular schedule of the agenda to have the Town Clerk read this letter for the record. She did so. (See letter attached) The letter from Mayor Gilday recommended the appointment of Louis Y. Horton to the position of Vice Mayor-Commissioner. RESOLUTION(S) Resoluition No. 333 - Filling the vacancy of Vice Mayor-Commissioner created as a result of the resignation of William S. Hults was read in its entirety by the Town Clerk. Commissioner Clark called for a name. MOTION by Commissioner Joy/Commissioner Mumford: "I nominate the person that was mentioned in the letter from the Mayor - he has a lot of experience and I think he will be a fine addition to the Minutes Highland Beach Town Commission Special Meeting October 11, 1977 Page 2 of 8 Commission - I would like to appoint Louis Horton as Vice Mayor- Commissioner to fill the vacancy". Commissioner Clark recognized Mr. John O'Grady who offered the name of Mr. Michael Dent. Commissioner Clark noted that nominations must come from the Town Commission; however, Commissioner Clark stated that Mr. O'Grady's recommendation was accepted. There were no other names proposed by the Town Commission. ROLL CALL on the Motion Carried 3 - 0. Mr. Horton stepped forward and was administered the Oath of Office by the Town Clerk. Commissioner Clark stated that he did intend to relinquish his chair to the newly appointed Vice Mayor but in the proper legal and parlimentary form. • Mr. Sliney stated that since the office of the Vice Mayor had been filled, a Resolution should be read into the record rescinding the Resolution appointing an Acting Mayor, as that Resolution is no longer needed. Vice Mayor Horton read in full a Resolution rescinding Resolution No. 332 (the appointment of Robert D. Clark as Acting Mayor). This Resolution will be numbered 336. MOTION by Vice Mayor Horton/Commissioner Mumford: "I move that this Resolution be adopted". ROLL CALL on the Motion Carried 4 - 0. Vice Mayor Horton thanked the members of the Commission. Resolution No. 334 - requesting financial assistance from the local Comprehensive Planning Act Assistance Fund Program for 1977-78 was read in its entirety by the Town Clerk. Vice Mayor Horton called for a Motion to adopt the Resolution. • MOTION by Commissioner Mumford/Commissioner Clark: "I so move". Commissioner Clark explained the reason for this Resolution. Minutes Highland Beach • Town Commission Special Meeting October 11, 1977 ROLL CALL on the Motion Carried 4 - 0. Page 3 of 8 Resolution No. 335 - requesting a proposed revision to Florida State Constitution Article VIII, Section 1. (h) was read in its entirety by the Town Clerk. Vice Mayor called for a Motion to adopt the Resolution as read. MOTION by Commissioner Clark/Commissioner Joy: "Move the Resolution be adopted as read". At this time it was noted that in Section 1. (h) the word with should be within. .This will be corrected. Vice Mayor Horton asked the Motioner and Seconder to accept this correction and adopt the Resolution as corrected. They both agreed. . ROLL CALL on the Motion Carried 4 - 0. ORDINANCE(S) (a) Proposed - Second and Final Reading - Repealing Chapter 132 of the Code of Ordinances entitled "Interim Services and Facilities Fee" - as advertised in the Boca Raton News on September 26, 1977. The Town Attorney noted that in the legal advertisement of this Ordinance, it was stated that a workshop and discussion period relative to this Ordinance would be held on September 27, 1977. This workshop was cancelled due to a lack of a quorum and Mr. Sliney suggested thag this Ordinance should start from the beginning and shall now be read for First Reading only. The Town Clerk read this Ordinance for First Reading. This Ordinance shall be scheduled for Workshop on October 27, 1977 at 9:30 A.M. and Second and Final Reading on November 1, 1977 at the Regular Monthly Meeting at 1:30 P.M. • (b) Proposed - First Reading - Amending Chapter 7 of the Code or Ordinances entitled "Buildings" by adding Subsection 7-21(d). Minutes Highland Beach Town Commission Special Meeting October 11, 1977 Page 4 of 8 The Town Clerk read this Ordinance for First Reading. (c) Proposed - First Reading - Adopting Budget - Fiscal Year 1977-78 - Previously passed and adopted as Emergency - 9/6/77. The Town Clerk read this Ordinance for First Reading. (d) Proposed - First Reading - Adopting Millage - Fiscal Year 1977-78 -Previously passed and adopted as Emergency - 9/6/77. The Town Clerk read this Ordinance for First Reading. (e) Proposed - First Reading - Amending Budget - Fiscal Year 1976-77, Amending Ordinance No. 299. The Town Clerk read this Ordinance for First Reading. Commissioner Clark noted that this Ordinance appears as a result of a request from the Town's auditors. (f) Proposed - First Reading - Amending Chapter 2, Sections 2-52(a), (b), (c) and Section 2-54, entitled "Administration". The Town Clerk read this Ordinance for First Reading. (g) Proposed - First Reading - Amending the Charter of the Town of Highland Beach, Florida. The Town Clerk read this Ordinance for First Reading. Community Appearance Board Appointment of Regular Member - Two Year Term. Vice Mayor Horton called for a recommendation. MOTION by Commissioner Clark: "I would like to suggest the name of Milton Beekman who has served on that Board for some years now". Seconded by Commissioner Joy. Voice vote on the appointment of Milton Beekman was unanimous. Ma.nutes Highland Beach • Town Commission Special Meeting October 11, 1977 nFr.Fr_~m~ Page 5 of 8 Voting Delegate - Florida League of Cities - October 27, 28 & 29. Mrs. Roberts stated that she is anxious for the Town to participate at this program. She stated the Commission could appoint a representative. Discussion followed relative to a change of date for the Workshop Meeting of the Town Commission. It was the consensus of the Commission to hold the Workshop on Thursday, October 27, 1977 at 9:30 A.M. It was suggested by the Vice Mayor that if it looks as though the Town would be sending a representative, a Special Meeting could be called along with the Workshop Meeting on October 27, 1977 to appoint that person. CONSIDERATION OF: a) Formal Approval of C.D.C. Contract Mrs. Roberts stated that the C.D.C. Contract was executed on ' the 26th day of September by Acting Mayor, Commissioner Clark. She noted the changes from the Town of Gulfstream to the Town of Highland Beach. The contract and a check for $5,000 has been accepted by the C.D.C. Commissioner Clark noted that everything is in order and now it should be formally finalized. Vice Mayor Horton called for acceptance and approval of the C.D.C. Contract. MOTION by Commissioner Clark/Commissioner Mumford: "I so move". ROLL CALL on the Motion Carried 4 - 0. b) Civil Defense Mutual Aid Agreement Mrs. Roberts read a letter of request relative to the Mutual Aid Agreement. She noted that she gave the Town Attorney a • copy of the contract for review and he stated he has not had time to go over this. This item will be placed on the Workshop. Minutes Highland Beach Town Commission Special Meeting October 11, 1977 Page 6 of 8 c) Letter of request from Roy Flack, representing Jack Parker Construction of Florida Corporation. Mrs. Roberts read the letter from Mr. Flack for the record - re: Lots 13 east and west, various connection fees, building moratorium, reissuance of building permit, etc. After the reading and discussion it was the consensus of the Commission that the Town Manager, in conjunction with the Town Attorney, prepare a letter of reply and this letter is to be reviewed by the Town Commission. d) Letter of request from University National Bank. Mrs. Roberts read the letter for the record. After discussion on this matter, Vice Mayor Horton suggested the following: The Commission passes a contingent MOTION to notify the bank of the Town's approval. The contingency being, that in the interim, the • Town will check this out with additional people to make certain that there is no question of the Town assuming. responsibilities that it should not assume. The Town Attorney and Town Manager will check this out and if there is nothing wrong, we will proceed as the contingent MOTION states. MOTION by Commissioner Clark/Commissioner Mumford: "So move". ROLL CALL on the Motion Carried 4 - 0. e) Status of Lauderdale Contracting matter. Mrs. Roberts reported on a letter to the Town Commission relative to the bonding company stand with Lauderdale Contracting and asking the Town to prepare information for them to enable them to ascertain what needs to be done and what settlement could be made. Mr. Gibson, representative for Reliance, also had spoken to Mrs. Roberts on the phone. She noted there is a difference in figures. Mrs. Roberts reported on her inspection of • Appleby Street and she recommended that it be repaved; she also mentioned several alternatives to the paving. A meeting is to be scheduled. Minutes Highland Beach Town Commission Special Meeting October 11, 1977 BILLS FOR APPROVAL Page 7 of 8 M. Maree Birkbeck, Finance Director, presented the bills for approval. MOTION by Commissioner Mumford/Commissioner Clark: "I so move". ROLL CALL on the Motion by voice vote carried. Mrs. Roberts stated that, because of a report relative to Well Number 3 by the Health Department, this Well was overhauled - approximately 27 hours of work. (No price was mentioned) Commissioner Clark asked the by the Town Garage would be electric power was needed at prices of the gas, she felt, • municipalities. She reported best price possible. Town Manager when the gas tank in service. She noted that that location and also the bid were not in line with other continued negotiations for the Any and all other matters that may properly come before the Commission at this time. Mrs. Roberts read a letter of resignation from Officer Leonard Tremitiedi, effective October 6, 1977. Mrs. Roberts also read the Doctor's report pertaining to Officer Tremitiedi's condition. She noted that he has recuperated and is taking a position with the Town of Gulf stream. MOTION by Commissioner Mumford/Commissioner Joy: "Move we accept the resignation". There was a very brief discussion on this subject. ROLL CALL on the Motion Carried by voice vote. Mrs. Roberts reported that there will be a Treasure Coast Regional Planning Council Meeting on October 13 in Stuart. The Palm Beach County Municipal League, who lost its very efficient Director, William Cruickshank, will meet on October 14th in the Town Hall in Highland Beach. There will be a memorial service for Mr. Cruickshank on October 13 at 3:00 P.M. Minutes Highland Beach Town Commission Special Meeting October 11, 1977 Page 8 of 8 Mrs. Roberts noted that the Commission had received the three status reports from the consulting engineers dated September 30, 1977. She has also received an estimate on converting Monterey and Penthouse Highlands from the old water main to the new water main. She noted that this would be in the area of $10,000.00 (this also includes Seagate). She has asked for a scheduled date from Contractor Earl Harvel re: this work. Commissioner Clark stated that this project should begin as soon as possible. The other Commissioners were in total agreement. Mr. Sliney reported on a letter received from Attorney Faust relative to the continuing Urbanek law suit. He noted that Mr. Urbanek would like to submit a proposal as a settlement in this matter. Mr. Sliney would like to have this item placed on the Workshop October 27, 1977. Mr. Sliney will inform Mr. Faust, Attorney for Mr. Urbanek. Being no further business to come before the Commission, the meeting ADJOURNED at 10:55 A.M. APPROVED: (Absent) MortRn E. Gilday, Mayor . Horton, Vice Mayor ATTEST : `-"I C~'-C~2,~ ~~? ~ ~ ~ -vx~' Town C erk w Ruth E. Mumford, C missioner 1' Leslie W. Joy, Co ss' ner Ro}3ert D. Clark, Commissioner Dated: October 28, 1977