Loading...
1975.02.27_TC_Minutes_SpecialMINUTES: HPECIAL MEETING OF THE TOWN COMMISSION, FEBRUARY 27, 1975, (A_CONTINUATION OF A SPECIAL MEETING CALLED ON FEBRUARY 12, RECESSED TO FEBRUARY 25, AND AGAIN RECESSED TO THIS DATE). ~` At 9:00 A.M Mayor Gilday called the Special Meeting to order and he re- cited the previous meetings held for purposes of discussing with Mr. Urbanek proposed agreements which will be executed between the Town, the Highland Beach Utilities Company and Highland Beach Ambassadors. Present were: Mayor Gilday, and Commissioners Clark, Mumford and Bauer. Absent: Vice Mayor Joy. Also in attendance were: The Town Manager, Elaine W. Roberts and Town Attorney, Thomas E. Sliney. Messrs.August Urbanek andEarl Totz were in audience with Counsel, Brian J. Sherr, Esquire (Ruden Barnett, McClosky, Schuster & Schmerer, Fort Lauder- dale firm) . Mayor Gilday advised that the Town had re-typed the proposed Sewage Treat ment Agreement containing agreed changes (discussed with him, Mrs. Roberts and Mr. Urbanek). Copies were given to the members of the Town Commission. A copy had not been furnished to the Utilities Co. Copies of the other proposed agreements, the re-typed versions which were prepared by the staff • of Attorney Sherr, were to have been given to members of the Town Commission for their preliminary review and all of these documents were to be the sub- ject for discussion and/or approval at this meeting. The Unity of Title, is now titled, "Declaration of Restriction of Title", and was the first document discussed. Changes suggested by the Town Manager were discussed at length. It was agreed that the final acceptable wording (to both attorneys) would require the re-writing of this agreement and it would then be in order to be executed by all parties. Mayor Gilday asked Mr. Urbanek if he had executed and brought with him the "Original" of Ordinance No. 257 (the Ordinance which amends the sewer franchise.) (Inadvertently, this original document was taken out of the Town Hall for execution). A long discussion followed. Mr. Urbanek signed the ordinance but it lacks the acknowledgement and corporate seal. This matter will require further action. Mr. Urbanek advised it was necessary that he leave the meeting at this time, and his Attorney could continue discussion with the Town Commission. In Mr. Urbanek's absence, Attorney Sherr represented the Utilities Co. and the Ambassadors Corp. The proposed Agreement of Maintenance was then discussed. Questions were raised as to paragraph 2 thereof. A lengthy discussion ensued . re: Legal descriptions, etc. The Town's Attorney requested that site plans be given to the Town's Building Official, and that he would consult with Page -2- MINUTES: SPECIAL MEETING OF THE TOWN COMMISSION, FEBRUARY ~7, 1975, . (A CONTINUATION OF A SPECIAL MEETING CALLED ON FEBRUARY 12, RECESSED TO FEBRUARY 25, AND AGAIN RECESSED TO THIS DATE). Mr. O'Grady and ensure accuracy of these legal descriptions. Changes were also suggested for the last paragraph on page 5. At this point, Commissioner Bauer offered the motion that the Mayor be empowered to execute the "Declaration of Restriction of Title" and the "Agreement of Maintenance when these are revised in the agreed manner, and are approved by Mr. Sliney (Town Attorney) on behalf of the Town. Commissioner Mumford seconded. Before taking the roll call vote, it was decided that the motion should also contain the "Grant of Easement", which was then reviewed by the Attorneys and the members of the Town Commission. The paragraph to be inserted met with the approval of all parties. The motion previously offered by Commissioner Bauer was amended to also include the"Grant of Easement", and this was acceptable to the "seconder", the members of the Town Commission were polled and there were four aye votes cast by: Mayor Gilday, and Commissioners Mumford, Clark and Bauer. At this time, for the record, Mayor Gilday informed the members of the Commission that Vice Mayor Joy was absent due to his being incapacitated • and apologized for not advising them sooner. It was pointed out that another "Restriction of Title Agreement" was needed (for the Recreation Building at the North site; to tie its use only to the west side of the highway). This requirement for an additional agreement had been previously advised to Mr. Urbanek and he promised to deliver such an instrument to the Town. The authorization given by the Town Commission was then reviewed as to require the Town Attorney to withold delivery of the proposed agreements (to be executed by Mayor Gilday on behalf of the Town) until all documents were completed and in order. It was the consensus of the Town Commission that the execution of Ordinance No. 257 should also be complete in all respects as another condition for the delivery of the other executed documents. The Town Attorney is to advise the Town Commission if the late delivery of the modified performance and payment bond can be waived. (The bond to contain a penalty provision). Commissioner Clark suggested changes be viewed for the proposed Sewage Treatment Plant agreement. He deemed it desirable to insert a change with respect to the Town's release of funds paid for Capital Surcharge Fees that • would force compliance to all the terms of the agreement by the Utilities Company. Page -3- MINUTES: SPECIAL MEETING OF THE TOWN COMMISSION, FEBRUARY 27, 1975, • (A CONTINUATION OF A SPECIAL MEETING CALLED ON FEBRUARY 12, RECESSED TO FEBRUARY 25, AND AGAIN RECESSED TO THT5 DATE). It was then the agreed opinion of the members of the Town Commission and the Town Attorney that the proposed Sewage Treatment Plant Agreement was not tied-in with the other documents desired by Mr. Urbanek and that the completion of Ordinance No. 257 would enable the Town Attorney and the Town Commission to further consider giving an extension date. Further, the Attorney would have time to pursue with Urbanek's Bonding Company the validity date thereof and other desired data. Commissioner Bauer then offered a further amended motion that: The afore- said documents; viz., the "Declaration of Restriction of Title", (two, one for the South end and one for the North) the "Grant of Easement", the "Agreement of Maintenance" (after approval by the Town's Attorney as to correctness of the re-writes and/or receipt of these documents) are to be executed by the Mayor on behalf of the Town, but not to be released by the Attorney unless these. documents include the "Ordinance No. 257"complete, as outlined heretofore. Commissioner Mumford seconded the motion and voting approval to this motion were Commissioners Mumford, Clark and Bauer and Mayor Gilday. (Copies of all the abovementioned documents, in their draft form with some of the changes proposed are attachments hereto.) • Additional discussion followed regarding additional changes proposed for the Sewage Treatment Plant Agreement. It was decided that since this document is not tied to the other documents, the suggest~d changes be reviewed by all parties and matter pursued. The meeting was adjourned at 11:15 A.M. APPROVED: ATTEST: ~" ` ~~G~'~%'L~~'' Mary Joa C mei, Town Clerk Date : ~`-°~' J ~.