1975.04.15_TC_Minutes_SpecialMINUTES: SAecial Meeting of the Town Commission - April 15, 1975
• At 2:00 P.M., Mayor Gilday called the meeting to order.
Present were: Mayor Gilday, Vice Mayor Joy and Commissioners
Mumford, Clark and Bauer.
Also present were: The Town Manager, Elaine W. Roberts, Town
Attorney, 'T'homas E. Sliney, representatives of the Town's Consulting
Engineers, Russell & Axon: John H. Klinck and Don J. Garbrick, and
representing the Highland Beach Utilities Co. were Thomas J. Delaney
and Earl Totz. Mr. Delaney, an Assistant Secretary of the Utilities
Co., was authorized to represent such interests.
The Agenda, Attachment "A" shows the purposes for this meeting which
was called by the Mayor.
In lieu of discussing the matters in the order shown in the agenda,
Mayor Gilday summarized the purpose of the proposed Letter of Intent,
,(Attachment "B"). He advised the members of the Town Commission
that this document sets forth the proposed changes to the August 20,
1974, Agreement with the Highland Beach Utilities Company. He further
advised that at an April 9,_ meeting, these changes were discussed and
• and deemed necessary and would be acceptable to both parties. Attending
that meeting were Mrs. Roberts, Mayor Gilday, Attorney Sliney and Mr.
John Klinck, on behalf of the Utilities Company, Messrs. Urbanek and
Delaney were present.
The Town's Attorney, Thomas E. Sliney then proceeded to read and discuss
each paragraph of the proposed Letter of Intent. The attachment shows
changes discussed. The proposed Letter of Intent has as an attachment
thereto, Russell & Axon's letter of April 10, 1975, and this letter is
an integral part of the Letter of Intent. The letter of April 10, 1975,
certifies the number of laterals for the sewer system.
During the discussion, Mr. Delaney suggested that their contractor's
bond be assigned to the Town in lieu of the Utilities Company furnishing
the performance bond. It was the consensus of the Town Commission that
while this suggestion can be pursued it was not an agreed condition.
Other points raised include the date when the 10% increase for tap-in
fees will begin. It was the general agreement of all parties that the-
new anniversary date will be the day when the system is accepted.
The proposed Letter of Intent, with changes was to be re-typed and
copies to be furnished to Mr. Delaney who will review the document with
• Mr. August Urbanek and after execution by the Utilities Co. be returned
S1~ecial Meeting of the Town Commission - April 15, 1975 - page -2-
• to the Town and same will be executed by the Town.
The record will show that Commissioner Bauer offered a motion, which
was seconded by Commissioner Mumford that the Letter of Intent, as
modified by agreement here today and upon the instructions given to
Attorney Sliney for changes to be made when prepared by him may be
executed or shall be executed by the Mayor or in his absence by the
Vice Mayor on behalf of the Town together with the appropriate official
of the Utilities Co. Voice voting Aye were: Mayor Gilday, Vice Mayor
Joy and Commissioners Mumford, Clark and Bauer.
the requested extension by Pittsburgh Des-Moines Steel Company was then
reviewed. Copies of letters from Pittsburgh Des-Moines Steel Company
dated November 27, 1974, January 10 and February 24, 1975, are
attachment "C". Mayor Gilday read attachment "D", "Supplemental
Agreement Change Order No. 1" (which would extend the date of this
contract with Pittsburgh Des-Moines Steel Company). After discussion
of various points contained in the proposed change order and the
Contract, it was agreed that if the Surety signs the Change order, then
the Town will accept it.
The Mayor was authorized to execute the Chan
formalities have been completed. The motion
to sign on behalf of the Town was offered by
ed by Commissioner Mumford and the roll call
aye were: Commissioners Clark, and Mumford,
Bauer, and Vice Mayor Joy.
~e order when all other
authorizing the Mayor
Commissioner Clark, second-
vote was taken. Voting
Mayor Gilday, Commissioner
The Town Manager reported on the status of the Lauderdale contract and
advised that there are three valves not installed and she was in receipt
of a letter from an Engineer of Palm Beach County, critical of aspects
of the path, as constructed. It was her opinion that Russell & Axon
should proceed to give the Contractor the "7-day Notice".
At this point, Mr. Klinck informed the Town Commission of negotiations
in progress relative to the bicycle path, completion of the water
system as well as completion of the Appleby portion of the contract, etc.
It was Mr. Klinck's recommendation that the Town await the results of
discussions between Webb Contracting Co. and Lauderdale Contracting Co.
whereby the Webb Company would be hired as a sub-contractor, be paid by
checks issued jointly to both companies, and preclude any problems which
could result from terminating the contract. He further advised that a
meeting is being proposed for Monday, April 21, and it was recommended
that Vice Mayor Joy and the Town Manager arrange to be present. Matter
. to be pursued.
Special Meeting of the Town Commission _- April_15~ 1975 - page -3-
- Discussion then took place regarding the attendance of the Finance
Director at the Town Commission's Regular Monthly Meetings as well as
any meeting where funds are to be expended or financial data to be
discussed, in order that the Town Commission receive the Finance
Director's report directly. Commissioner Bauer offered the motion for
approval, Vice Mayor Joy seconded. There was discussion as to the need
for the Finance Director's presence, responsibility, etc. The motion
carried by aye votes of Mayor Gilday, Vice Mayor Joy and Commissioners
Mumford, Clark and Bauer.
Mayor Gilday spoke on the RPUD limitation ordinance, the pending
litigation which ensued from such action and the proposed agreement--in
broad terms. He advised of an informal meeting held with Messrs. Paul
W. Hoffmann, Douglas Martin, the Town Manager and himself whereby they
have received assurances of the acceptance for a proposed Letter of
Intent dealing with the RPUD limitations and the repeal of Ordinance 264.
Commissioner Mumford offered a motion, seconded by Commissioner Bauer
that after the re-write, deletion of paragraph four. and then paragraph
five becoming four, the Mayor be authorized to sign the Letter of Intent
on behalf of the Town Commission. A copy of the proposed Letter of
Intent, subject to final review, is attachment '~".
• 'Inhere was considerable discussion of this action, initiated by the
Town Commission to be submitted to the Planning Commission relative to
a change in the Zoning Ordinance which will require Public Hearings, with
due public notice.
Vice Mayor Joy spoke on water consumption--no problems at this time.
Bills were approved, as presented.
The meeting was adjourned at 4:50 P.M.
-~-~ ~ ~ -
Commissioner Ruth (. M/)umford
Commissioner Robert D. Clark
Commissioner Harry Bauer
APPROVED:
"'Leslie W.
Gilday,
Vic 1'~iayor
}~
ATTEST • f ~. ~,L°~''Z-~-~ ~p ~C~~~~
• ~c~ ~
DATED : ~ ~ `~ ~ 7 ~