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1975.01.13_TC_Minutes_Special• MINUTES: Special Meeting of the Town Commission, January 13, 197 Mayor Gilday called the Special Meeting to order at 2:00 P.M., the attached notice, Attachment "A" advises that the meeting was scheduled by the Town Commission and shows the purposes for consideration. Present were: Mayor Gilday, Vice Mayor Joy and Commissioners Mumford, Clark and Bauer. In attendance were: Mrs. Roberts, Town Manager, John P.O'Grady, Building Official, the Town's Attorney, Thomas E. Sliney, and representatives of the Town's Project Engineering firm, Messrs. John Klinck and Don Garbrick. Mr. Mike Sapino, President of Lauderdale Contracting Company was also present. The Mayor advised the first purpose of the meeting was to meet with Lauderdale Contracting Company. The Town Manager spoke on the existing problems and Mr. Klinck also addressed the Commission. Mr. Sapino was requested to answer specific questions relative to delays in their projects and to give information as to the company's current ownership, etc. • In discussion, it was Mr. Sapino's advice that he and Messrs. Anthony and David Reo are the corporate owners of the company (a Michigan Corp. licensed to do business in Florida), their liability insurance is in order and all bills are paid. He stated that for the Water Main project, additional pipe is needed to finish approximately 500''south of A-1-A. Further five (5) valves are needed to be installed before the water main and bicycle path could be completed and tested. A lengthy discussion followed as to costs the Town may incur for piecemeal testing of the system, etc. Mr. Sapino advised that if he could get a definite date of pipe delivery except for the valve problem, he could give the Commission a definitive date for completion. 'I'he paving is to be done by John Carroll (contract for same has been given and estimated completion, after the rolling of the path, is about three (3) days). Further discussion ensued as to the Water Tower, Pittsburgh DesMoines, ordering of the equipment needed for the tower plant, etc. Mr. Sapino was requested to secure phone advice relative to the pipe deliveries and in his absence, the meeting continued: Special Meeting of the Town Commission, January 13, 1975 - Page -2- FIRST READING OF AN ORDINANCE. A proposed ordinance, was read by • title, "An Ordinance of the Town of Highland Beach, Highland Beach, Florida, declaring the Plant Disease known as "Lethal Yellowing" to be a serious threat and danger to the Palm Trees in the Town; Requiring the Inoculation of all Trees susceptible to Lethal Yellowing; Providing for removal of dead stumps and trees at the expense of the owners; .-Providing a severability clause; Providing a penalty for violation hereof; Repealing all ordinances or parts of ordinances in conflict herewith". Discussion followed. Mrs. Roberts read attachment "B", a letter dated January 9, 1975, from Florida Cooperative Extension Service which advises Mr. Scott Hamsik has been hired and trained by the State Div., of Plant Industry as a Plant Specialist, available to check calls on Lethal Yellowing and he can be reached at 686-0821 between 3:30 and 4:30 in the afternoon. Mr. Sapino returned to the meeting and advised the Commission that he was unable to secure data as to procurement of the pipe needed for the rest of A-1-A. Vice Mayor Joy suggested usage by the Town of the provisions in the Contract, re: Penalty clause--to assist the Town to get the job done. The Town's Attorney agreed with this suggestion. • Vice Mayor Joy then offered a motion, seconded by Commissioner Mumford that beginning January 15, 1975, a penalty of $100.00 a day be assessed for the completion of: A-1-A Water Line, Bicycle Path and all work on A-1-A including installation of valves. Such assessment to continue until completion thereof as specified in the Contract or the same is ** default. The aforesaid motion was amended to stipulate the "per day" be pursuant to the contract's provisions. After the amended motion was discussed and accepted, a roll call vote was taken. Aye votes were cast by Commissioner Clark, Commissioner Mumford, Mayor Gilday, Commission- er Bauer and Vice Mayor Joy. mhe next item on the agenda, policy for attendance of Town Counsel was then discussed. Mayor Gilday summarized reasons for having the Attorney present and Vice Mayor Joy concurred in the expressed reasons. Commissioner Bauer offered the motion and Vice Mayor Joy seconded that the policy be established to have the Town Counsel attend all Regular Monthly Meetings (Public Hearings) and Workshop Meetings. When there are no ordinances for discussion at Workshop Meetings, the Mayor and/or Town Manager may advise that the Attorney's presence is not needed. In the discussion of the motion, it was further agreed that if the budget provisions for such legal costs require additional funding, an amendatory • ordinance will be considered before incurring legal expenditures in excess of the budgeted amount. The aforesaid motion was further amended to **declared to be completely in ) Special Meeting of the Town Commission, January 13, 1975 - Page 3 require the Town Attorney's attendance at S ecial Meetin s whe P g n specif- ically requested by the Mayor and/or Town Manager that his presence is desired. This motion, as amended, was then adopted by aye votes of Mayor Gilday, Vice Mayor Joy and Commissioners Mumford, Clark and Bauer. The newly appointed Finance Director, Mr. Anton Drasal addressed the Town Commission regarding proposed increases in water and sewer charges. Due to the fact that many Condominums have prepared and/or adopted their operating budgets (on a calendar year basis) it was the consensus of the Commission that the proposed water and sewer increases, at this time, be only to sustain the loss in operations (exclude loss for interest and depreciation and such losses will be considered when the Fiscal Year Budget for 1975 is under study.) Accordingly, further increases may be considered and/or approved at a later date. A lengthy discussion took place as to present charges versus proposed charges, and the manner such charges are formulated, resulting revenues, etc. Meeting It was the Commission's decision that a Special/be called for Friday, • January 17, 1975, at 2:00 P.M., for a first reading of proposed ordinances to increase water and sewer charges. Further, the Finance Dept. to have definitive data available to answer inquiries from residents as to what the changes will impose on single homeowners and/or Condos in the Town. Another suggestion to be considered, water charges be on a straight consumption basis and eliminate minimum charges--matter to be reviewed by the Finance Director and Town Manager re: proposed ordinance. The meeting was adjourned at appr~ APPROVED ATTEST- DATED: ~~ /~ 7~