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