Loading...
1978.07.18_TC_Minutes_Special TOWN OF HIGHLAND BEACH, FLORDIA Minutes of Meeting of Town Commission Special Meeting July 18, 1978 9.30 A M Mayor Horton called the Special Meeting to order at 9:35 A.M. In attendance were: Mayor Horton and Commissioners Clark and Storm. Absent were: Vice Mayor Mumford and Commissioner Joy. Also Mrs. Roberts, Town Manager, and Chief Jones were absent. Mrs. Jane E. Barker, Acting Town Clerk, was in attendance. Mayor Horton first made the announcement that the Palm Beach County Municipal League meeting this coming Friday has been changed from DuBois Park to Carlin Park at the Jupiter Inlet. Mrs. Roberts had announced this meeting at the Regular Meeting of the Town Commission on July 5, 1978, as being held in DuBois Park on Friday, July 21, 1978. This is in appreciation for all the meetings that have been held in the Belle Glade . area in previous years. Next Mayor Horton announced that the Building Official had just told him that the work being done by Florida Power and Light Company in regard to placing lines underground on the west side of A-1-A in the Bel Lido section, they have erected a pole at the northwest corner of Bel Air Drive and A-1-A. A complaint had been received about this and what Florida Power and Light wants to do is to run a line under Bel Air Drive, take down the pole, and then put up a pole in line with those on the south side of Bel Air Drive. They are asking, at this point, for permission to cut Bel Air Drive to put in this underground line. Commissioner Clark questioned why they had to cut the highway inasmuch as a bump always seems to result, even though it might be several. months later. There was discussion regarding this and Commissioner Clark stated that a proviso should be made that if we do let them cut the road, and a bump results, they will come back and repair it even though it might be six months to a year later. MOTION by Commissioner Clark/Commissioner Storm to allow Florida • Power and Light to cut the roadway, but to stipulate that they will return and correct any damage even after a year. The vote was unanimous. • Minutes Highland Beach Town Commission Special Meeting July 18, 1978 Page 2 of 4 The next item discussed was the letter from the Town Attorney regarding the expert witness fees for Mr. Smoot. The Town Attorney is desirous of retaining Mr. Smoot on this basis, and it is necessary that the Town have the best people available. Mayor Horton detailed the proposal for the record. Discussion followed regarding costs, etc. MOTION by Commssioner Clark/Commissioner Storm that the proposal from Mr. Smoot dated July 6, 1978 be approved. In polling the Commission, the vote was unanimous in favor of accepting Mr. Smoot's proposal. Urbanek Law Suit The Urbanek law suit was then discussed. Mayor Horton stated • that prior expressions of the Town Commission were against any settlement of this suit. Mayor Horton stated that he appeared before the Civic League on February 1st of this year to see if the Civic League had changed their basic feeling regarding the p©ssibility of a compromise settlement. About 80% of those in attendance felt there should be no settlement. Mr. Totz had approached Mayor Horton in April and again at a later date asking if there had been any change in the general feeling of the Commission in regard to a settlement and this led to Mayor Norton's memos of June 26th and July 6th. These memos were read into the record and are attached to these minutes. Mayor Horton further stated that the trial is in September and the matter is coming closer to some sort of disposition. This led to Mr. Clark's memo to Mayor Horton of July 7, 1978 which was also read for the recore~. (Copy attached) One other communication read for the record was a letter from Vice Mayor Mumford, also attached. Mayor Horton pointed out that these communiques have been on an informal basis up to now. He thinks that the purpose • today is to determine if there is any reason to enter into negotiations. Mayor Horton, himself, thinks that there should be some room for negotiation - two things prompting this Minutes Highland Beach • Town Commission Special Meeting July 18, 1978 Page 3 of 4 this conclusion on his part - 1. Advice from friends with legal backgrounds is that settlements are much better for all concerned in any kind of a suit. 2. Nobod~t knows what a Court might decide - it could very well be a compromise - and if this is the case, why not do something about it in advance? Commissioner Storm spoke then and said that he is inclined to go along with Commissioner Clark and have it go back to the Planning Commission and then have the Planning Com- mission advise the Town Commission what they think should be done. Commissioner Clark then stated that it was a much bigger matter than one law smut-if the Town Commission folds up under the first assault under the new zoning ordinance, the Town might as well give up on ever reducing densities or even maintaining densities. However, he would be willing • to accept any recommendation that the Planning Board might make to the Town Commission. Commissioner Clark further stated that he would like to have the Planning Commission make two recommendations: 1. A recommendation involving the Urbanek suit. 2. A recommendation as to the course the Town Commission should take if the zoning ordinance is further challenged, which, Commissioner Clark stated if might be. After further discussion, Commissioner Clark made the following motion. MOTION by Commissioner Clark that when a written proposal is re- ceived from Mr. Urbanek that it be turned over to the Planning Commission for their advice and in due time, make a recommendation to the Town Commission. At this point, Mr. Totz, representing Mr. Urbanek, made the • statement that he would refuse to go before the Planning Commission (a secondary board) that has no power. Commissioner Storm seconded the above MOTION. In polling the Commission, the above Motion was ~aased unanimously. Minutes Highland Beach • Town Commission Special Meeting July 18, 1978 Page 4 of 4 Mr. Totz then presented the proposal (attached) which he requested be read into the record. This was done by Mayor Horton. Mx. Totes also gave a preliminary drawing to Mayor Horton. Bills for Approval Bills for approval were presented by Mayor Horton. MOTION by Commissioner Storm/Commissioner Clark to approve the bills for payment passed unanimously on a voice vote. Meeting ADJOURNED at 10:30 A.M. APPROVED: ATTEST: __; ~_C~r1 ,~L ~.C%..k_~ cting Town Clerk Dated . '', ,. ~' / Y _a ~ -a/" ~ ~_ Louis x.'Horton, Mayor v (Absent ) Ruth E. Mumford, Vice Mayor 'V , Robert D. Clark, Commissioner (Absent) Leslie Joy, Commissioner Harold C. -form, Commissioner r~ L J