1975.03.25_TC_Minutes_WorkshopMINUTES: Workshop and Special Meetings of the Town Commission, March 25,
• 1975.
At 9:30 A.M., Mayor Gilday called the workshop 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,
Thomas E. Sliney, and Building Official John P. O'Grady.
The Agenda, attachment "A" shows the subjects to be discussed at the
workshop meeting.
No public requests were received for consideration.
Report of the Town Manager, Elaine W. Roberts:
Mrs. Roberts advised a part-time Electrical inspector had been hired to
replace Mr. Vi Custer who was retiring.
Posted on the Bulletin board is the Toll-free number which residents may
use to be advised as to pending legislation and status thereof.
• At a meeting which was held with Mr. Tom Losee, President of the Highland
She discussed the various facilities of the Town which need painting and
pressure cleaning and the comparison of bids, see Attachment "B" shows
information also received from the low bidder for the critical work needed.
It was her recommendation that the Bel Lido Bridge work be approved but
that the other work await appropriate funding. Matter discussed. It was
the consensus that her recommendation be approved at the April 1, regular
meeting, provided that she receive confirmation of the cost and the
period for which the firm bid would be valid (Est. $600.00).
Beach Civic League and a representative of American Consolidated Inc.,
there was discussed the advantage of having a meeting with property owners,
south of the Ridge Apts. who will require installation of sewer service
line connections. Mr. Losee will send out a Special notice inviting such
persons to a meeting to be at Town Hall on Wednesday, April 2, 1975.
Attachment "C" is a draft of the Town's proposed Five-year Capital Improve-
ments Program which the Town Manager advised she will discuss with Mr.
Gene Caputo of the Area Planning Board on Thursday, March 27th. Tn~hen
approved in final form, it will then receive the certification of the "APB".
Mrs. Roberts explained the flexibility of the data and discussion of the
amounts suggested for the parking lot and park and recreation data, then
took place.
On Wednesday, March 26, she informed the Town Commission that she would
Workshop and Special Meetings of March 25, 1975 - page -2-
attend a Public Hearing of the Dept. of Transportation regarding their
proposed Five-year Road Program.
Mrs. Roberts also reported that on Wednesday, March 5, 1975, she and
Commissioner Mumford were conferees at a meeting held in Jupiter Island
concerning beach preservation and restoration. There were specific
recommendations made at that meeting, and everyone was urged to assist the
Natural Resources Bureau of Beaches and ghare~ to carry-out their programs.
With respect to the Elevated Water Tank project to be carried out by
Pittsburgh Des-Moines Steel Co., she advised that she has received word that
work on this project would begin about April 14, 1975, and be completed
sometime in June of this year.
She discussed the Sewage Interim Treatment Plant Budget, see attachment "D",
data for managerial purposes only and the temporary permit issued by the
Department of Pollution Control Operating permit).
The Florida Power and Light Company temporary installations at Regency
Highland will be put under ground when such lines are permanent.
Mrs. Roberts responded to inquiries regarding sewer-use charges and explained
how persons would be subject to such costs. Matter discussed at length.
• Mayor Gilday's Report:
The Mayor advised that he and Mrs. Roberts had a meeting with Mr. Hoffmann
regarding litigation against the members of the Town Commission, the Town,
et al, and he informed residents in audience that an agreement has been
reached whereby the individuals listed in the suit will be dropped but
the litigation against the Town is still pending. An answer will be filed
by the Town Attorneys.
With respect to the Healy Trial, no date for resumption thereof, has been
received; the Van Lennep suit has had no change in status thereof.
Mayor Gilday advised that a meeting was held by Mrs. Roberts with Vice
Mayor Joy, Messrs. Klinck and Garbrick and Mr. August Urbanek and he request-
ed Mrs. Roberts to give a summary of their discussion.
Mrs. Roberts advised that they discussed the number of laterals required to
accomplish the same results as the greater numbers which are shown on the
original plans. No agreement was reached and that Mr. Urbanek requested
permission to address the Commission relative thereto. The Town
Commission received word that Mr. Urbanek would arrive at Town Hall at
• approximately 11:15 A.M.
The Mayor requested Attorney Sliney to summarize what Agreements had been
Workshop and Special Meetings of March 25, 1975 - Paste -3-
• received for execution by the Town pertaining to the Declaration of
Restriction of Title Agreement, the Agreement of Maintenance, and
Grants of Easements for the South and North projects of the Highland Beach
Ambassador Projects.
Attorney Sliney advised that there was some question regarding the legal
description required for the Grant of Easement for the North (across from
Seagate). Prolonged discussion took place.
The Building Official was requested to report on the status of the Certifi-
cate of Occupancy for the Highland Beach Ambassadczrs South, at present only
a temporary C/O has been issued. Mr. O'Grady advised that he has written
to Jenkins and Charland, their Consulting Engineers regarding certain
deficiencies that either require a bonded five-year guarantee or other
suitable Engineering Affidavit.
The Town Clerk was then requested to read the proposed ordinances which are
scheduled for a first reading and second reading at the April 1 meeting:
Amendment to the Capital Improvement Budget and an Amendment to the General
Operating Budget for Fiscal Year 1975. These were discussed by the Town
Commission.
• Attachment "E", a letter
Chest Services of Delray
Town Commission to adopt
the consideration of the
of the regular meeting o
the Town Commission that
from President Reginald A. Cook of the Community
Beach was read by Mayor Gilday. It urged the
a resolution. The proposed resolution was read for
Commission and as to its placement on the Agenda
E April 1. It was the consensus of the members of
this matter be tabled without any action.
Discussion then took place regarding the soliciting of contributions for
various Charitable organizations and requirements of the Town with respect
to permits relative thereto.
A proposed resolution regarding Building Codes was read and it was the
agreed opinion that this matter be placed on the April 1 agenda for consider-
ation and/or approval of the Town Commission.
Commissioner Clark received assurances from Mrs. Roberts regarding issuance
of citations for any violaters of the safety of those on the bicycle path.
The Town Manager also read suggestions regarding rights of cyclists and
publication thereof. It was decided that when the path is completed and
the dedication date determined,etc., this matter will be resolved at such
time.
. Due to the non-appearance of Mr. Urbanek, Mayor Gilday advised that he
would recess the workshop meeting, call the Special Meeting, and when the
Workshop and Special Meetings of March 25, 1975 - Page -4-
purposes of the special meeting are concluded, the workshop meeting would
be resumed.
Accordingly, at approximately 11:00 A.M., with all parties, mentioned above
in attendance, Mayor Gilday called the Special Meeting to order and advised
that the purpose of this meeting is to consider the Town Manager appoint-
ment. Attachment "F" dated March 13, 1975, shows the meeting was called
by the Mayor for the aforesaid purpose.
Commissioner Bauer offered a motion that Mrs. Elaine W. Roberts be re-
appointed as Town Manager, to serve at the pleasure of the Town Commission,
and at her present salary. Commissioner Clark seconded the motion, and
by voice vote, Aye votes were cast by: Mayor Gilday, Vice Mayor Joy,
Commissioners Mumford, Clark and Bauer. Mrs. Roberts expressed her
appreciation and thanked the members of the Commission for their expression
of confidence.
At approximately 11:05 A.M., the Special Meeting was concluded and a short
recess was called to await the arrival of Mr. Urbanek and the resumption
of the workshop meeting.
At approximately 11:30 A.M., Mr. August Urbanek arrived, at which time,
• the members of the Town Commission and those in audience were informed that
the workshop meeting was being resumed.
The Town Manager was requested to state the various points discussed at
the meeting she had with Mr. August Urbanek, Vice Mayor Joy and Messrs.
Klinck and Garbrick of Russell & Axon, that prompted Mr. Urbanek's request
to be present at this workshop meeting.
Mrs. Roberts stated that at the meeting held on March 17, 1975, there was
a detailed discussion regarding sewer problems for systems 2, 3 and 5, and
that it was Mr. Urbanek's contention that the number of laterals required
to complete the system had been reduced to 26 laterals. Attachment "G"
is a recapitulation of installations as proposed by 1969 drawings, installed
data for these systems, and information proposed per 1974 drawings.
This information and a letter of August 19, 1974, written by Mr. Klinck
of Russell & Axon regarding sewer service laterals, were discussed at
length.
Mayor Gilday read an excerpt from the Amend
there was considerable debate regarding the
were required and/or to be certified to the
to complete the system with the same effect
the original plans.
• Attorney Sliney informed Mr. Urbanek of the
story Franchise Agreement and
exact number of laterals which
Town by its Consulting Engineers
as the greater number shown on
failure to complete delivery of
Workshop and Special Meetings of March 25, 1975 - page 5 -
• certain documents which have been pending for a long period of time,
these had been enumerated earlier in the workshop meeting prior to Mr.
Urbanek's arrival.
Mayor Gilday suggested that the Town take the necessary steps to extend the
completion date of the Sewer System if this would enable Mr. Urbanek to
complete requirements of his bonding company and that he continue to
install the laterals. Commissioner Clark suggested that the Town have its
consulting engineers make its certification to the Town as to the required
number of laterals and that Mr. Urbanek live-up to the terms of the
Agreement, as amended. Any differences Mr. Urbanek may have with the
Engineer's certification and his understanding as to the required number of
laterals is a problem of Mr. Urbanek's.
Attorney Sliney expressed his agreement with the sentiments voiced by
Commissioner Clark.
Discussion of a solution to this matter continued, a suggestion was made
that the Public Service Commission enter into the dispute.
The Town Attorney was requested to consider drawing a resolution with
caveats which would be a statement of the Town Commission's intention to
• provide for an extension of the Sewer Completion Date (allow 175 days for
construction, plus 30 days for contingencies, and 15 days for commencement
of construction: or a total of 220 days).
Vice Mayor Joy and Mayor Gilday both stressed that penalty charges be
provided whereby the delay of construction for more than 15 days and/or
failure to complete the system by the proposed extension date, would incur
penalties of $100.00 a day payable to the Town.
Discussion as to conditions which require guaranties and/or correction
existing at Highland Beach Ambassadors South was advised to Mr. Urbanek
by the Building Official.
In summary, the foregoing discussions would await the certification of the
number of laterals from the Town's Consulting Engineers, letter to be
requested by the Town l~ianager, the easement for the, site across from
Seagate is being pursued and will be acted upon at that Condominium's
Annual Meeting scheduled for April 10, 1975, and whither Mr. Urbanek is to
either complete Ordinance No. 257 or the Attorney will recommend: repeal,
an amendment, and/or enacting a new ordinance; whatever he deems to be
in the best interests of the Town.
• The meeting was adjourned at approximately 1:05 P.M.
//
//
.~'
J' e
C//~
APPROVE
• Mayo or n Gilda
~ ~
Vice ayor Leslie W.;' oy
Commissioner Ruth M ord
~ , 1
Co sinner-Rob rt D. Clark
Commissioner HarryCommissioner Harry Baue
ATTEST-~
Town C
Dated- ~ /~
•