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1974.08.20_TC_Minutes_RegularJ MINUTES: MEETINGS OF THE TOWN COMMISSION ON AUGUST 20 1974 • At 9:15 A.M. Mayor Gilday called the meeting to order. Present were: Mayor Gilday, Vice Mayor Joy and Commissioners Clark and Bauer Absent: Commissioner Mumford Mayor Gilday advised that this meeting was originally called by the Commission for Wednesday, August 7th, (recessed to August 16, and further recessed to today), was to discuss and/or consider taking ap- propriate action regarding setbacks and/or possible violations relative to the Highland Beach Ambassador projects. The Mayor advised that he had received a letter dated August 14, re- garding this matter from the Highland Beach Civic League which he then read into the record, see Attachment "A". He then responded to the paragraph requesting .immediate suspension "for the safety of personnel in the area of these buildings and to prevent any possible damage to property". He stated that the Town's Building Code Enforcement Officer has assured the Commission that nothing would • be waived as to any violations of any safety factors. Persons in audience were requested to address the Commission and be heard in this matter. Commissioner Clark also commented on the League's letter and objected to their suggestion that Mr. Urbanek be required to hire a reputable Engineering Firm to certify correction of discrepancies. Mayor Gilday advised that Mr. Urbanek is a major stockholder of the Highland Beach Utility Company and a meeting is scheduled for 2:00 P.M. today to consider formal approval of an Amendment to the Sewer Franchise Agreement, and this action was the result of negotiations being held over a considerable period of time. Mayor Gilday stated the meeting may solve problems relative to the sewer system. Commissioner Bauer reported that he had made a site inspection. Vice Mayor Joy called attention to Site One, Building 4, whose plans, if balconies are added, would also have violations, over-extending set-back requirements. Attorney Gundlach stated that his client, Mr. Urbanek, would not wish to need to appear for similar violations. After a lengthy discussion ensued, it was mutually agreed that, the Commission would receive an agreement that the developer would not build in excess of 320 units--four buildings on the 1300 foot plot, and said agreement would also state (to further insure to the Town Commission and its residents) that: the entire area would be only for the Condominium Association(s), including recreational facilities. >MINUTES: MEETINGS OF THE TOWN COMMISSION ON AUGUST 20,1974 paq'e -2- The Commission were assured that the Agreement will be executed within the next few days. (The Town's Attorney titled this as a Unity of Title Agreement.) S At Commissioner Bauer's request with the consent of all the Commissioners present, Mayor Gilday recessed this meeting to 1:45 P.M. At this point of time; i.e., 10:05 A.M., Mayor Gilday stated that the Special Meeting,. scheduled August 14, to consider the recommendations from the Planning Commission if any, was now in session. See Attach- ment "B", notice re: Comprehensive Land Plan Re or The Commission was advised that subsequent to a Public Hearing held by the Planning Commission on August 19, 1974, at a meeting the Planning Commission adopted Resolution No. 1 and by their transmittal letter of August 19, 1974, remitted copies of their adopted Comprehensive Plan. See Attachments "C" and "D", respectively, for copies of these documents which were read into the record. The Town's Counsel addressed the Commission regarding the desire of At- torney Keith McCord to speak in behalf of his client, the owner of Town Lots Nos. 123 and 124 (Ocean Terrace and Holiday House). Attorney Mc Cord was given permission and his statement contained "objections to the proposed zoning changes for his client's property. He took exception to the Co rehensive Plan. He and his client were in audience at the Public Hearing held by the Planning Commission. He pointed .out. that his • client had not proceeded with definitive building plans due to notifica- tion of the Town's Moratorium; however, they purchased the abovementioned properties at a peak price, on the basis that these lots were zoned RM40, and they were interested in erecting two buildings--152 units. Attorney McCord deemed the original Comprehensive Plan adopted in 1972, was. being changed, only to reduce maximum population estimates by a mere 1000 persons. The Mayor received counsel's confirmation that any action if taken on the Comprehensive Plan would be in order--the plan was read in full. Mrs. Roberts questioned an omission of RM30, page 38,; discussion of RM 30 then took place, question was raised as to omission in text and this mat- ter would be reviewed. Mayor Gilday suggested that due to the lapse of time and that a meeting had been scheduled for 1:30 P.M., it was now 2:10 P.M., the consideration of the Comprehensive Plan be recessed. The Commission has called a 4-.~.,.-.......my ,. Special Meeting to consider an amendatory agreement resulting from nego- tiations re: Sewer Franchise Agreement. See Attachment "C" for notice of this meeting. (The Commissioners concurred.) At approximately 2:15 P.M., Mayor Gilday read into the record, the purpose for this Special meeting and stated negotiations relative to sewer laterals and minor changes for tap-in fees had been drawn up and he read into the record • the provisions of "Amendment to Town of Highland Beach Sewer Franchise Agreement", see Attachment "D", for copy thereof. MINUTES: MEETINGS OF THE TOWN COMMISSION ON AUGUST 20,1974 page-3- Vice Mayor Joy asked if all types of laterals will now be a part of the agreed system and costs thereof borne by the Utility Company, the • answer was yes to both parts of this query. Commissioner Clark then asked what is a "modified performance and payment bond". To this inquiry, Mayor Gilday responded that:"If the Utility Company can get their insurance company to change the existing bond so as to add completion date, to guaranty performance including a completion date as well as payment of all bills in connection with the construction and increase the bond to cover the cost of completing the system including the laterals." The bond will then be considered a modified performance and payment bond. Vice Mayor Joy offered the motion to accept the agreed stipulation set forth in the "Amendment". Commissioner Clark seconded the motion. Discussion fol- lowed. The members of the Commission were assured that this document is strictly to amend the existing Franchise Agreement. Mr. Urbanek ad- vised in a few days, the location of Lift Station 1, would be finalized. Voting approval of the"Amendatory Agreement" were Mayor Gilday, Vice Mayor Joy and Commissioners Clark and Bauer. The purposes for this meeting were completed at 2x25 P.M. At approximately 2:40 P.M., Mayor Gilday called into session (the re- cessed meeting of this morning) a meeting to consider the "Request for Variance", as contained in Attorney Gundlach's letter of August 1,1974. • Asking to be recognized, Mr. Urbanek addressed the Commission and resi- dents in audience. Mr. Urbanek apologized on behalf of his company for the various acts of omission and commission which created "variances" from the building plans and resulting violations (provisions of the Southern Standard Building Code and Ordinances of the Town), which now furnished the basis for the application being made for a "variance". Further, he recognized that he created problems for the Town, its Commission and building officials. Mr. Urbanek, then offered a gift to the Town, if it were agreeable to the Commission. As a civic gesture he would pay $5,000.00 in compromise of any fines and/or penalties which might be due theTown for variances from the plans, etc., to date. Discussion followed and the Mayor requested interested residents be heard. It was pointed out that if the "variance" was granted, it would not set any precedent for this Developer or any other Developers. Mr. Urbanek reiterated his regrets that these errors were made by pro- fessional people. sai he c nowledged the fairness of the proposed contribution offered in lieu of fines and/or payments that could be assessed, he agreed payment be made to the Town; however, in his opinion, one building had errors so gross, "anyone" could have seen the balconies were over the seawall, but "for building 1, Site 5", he said, "cut-off balconies to come within setback". • Commiss Toner Clark stated his views on the matter that he could go along with most of what Mr Urbanek had 'd a k ~~ MINUTES• MEETINGS OF THE TOWN COMMISSION ON AUGUST 20, 1974 page -4- More discussion followed, and though Mr. Urbanek requested further re- • view of the position taken by Commissioner Clark, he agreed that the matter was a problem he would need to resolve if the Commission voted this exception. Colonel Hauck, Secretary of the Highland Beach Civic League spoke on the matter. Mayor Gilday advised of his receipt of two letters received from the office of William Gundlach (Mr. Urbanek's Counsel). The letters dated August 13 and 15, 1974, were read into the record. See Attachments, "E" and "F" whereby written acknowledgement was given to the Commission that provisions for arbitration were waived with respect to the "Variance" application. Commissioner Clark made a motion that "......we will approve "variances" as listed in Mr. Gundlach's letter of August 1, 1974, with the excep- tion of balcony extensions beyond the bulkhead line on Building 1, Site 5 (also known as Building 6)." (A copy of Mr. Gundlach's letter referred to in the motion is attached, Attachment "G". Mayor Gilday seconded the motion. Discussions again took place. Several persons gave their views and suggested alternative measures. Attorney Sliney concurred with the middle road position taken by Com- • missioner Clark and the contribution being made by Mr. Urbanek as a civic gesture. He recommended the Commissioners accept the proposed motion. The Commission was polled: Commissioner Clark voted Aye, as did Mayor Gilday, Commissioner Bauer and Vice Mayor Joy. The records show that the motion carried without dissent. 'I~he seawall contractor responded to the Vice Mayor's inquiry as to the correction of the seawall. 'lYhe Commission were informed this will be done without delay. Mr. Urbanek thanked the Commission and stated he will take immediate steps to carry out their mandate. This completed the purpose of the meeting which session was concluded at 3:10 P.M. In-lieu of reconvening the special meeting (to take action on the pro- posed Comprehensive Land Plan submitted by the Planning Commission wmm ~s.~.a~+~e~w: read in its entirety earlier today), at the suggestion of Counsel, this matter is to be added to the Special Meeting called for Friday, • August 23, at 9:30 A.M. All members of the Commission concurred in this decision. MINUTES: MEETINGS OF THE TOWN COMMISSION ON AUGUST 20, 1974 pacts -5- At 3:20 P.M. due to the large number of residents, still in audience, for the .scheduled presentation for 2:00 P.M. (announced in the Town's Monthly Bulletin), in lieu of adjournment, the Commission stayed in session and heard the proposal of Leadership Cable Systems, Inc. to establish and operate a cable television system in the Town. By letter of July 5, the aforesaid company submitted data relative to its proposal. Messrs. Leonard R. Harris, Vice President and Hugh Gallogly, National Director, New Business Development of this company summarized the proposal, pointed out the capabilities of co-axial cable and what would be the initial services offered, fees payable for the Franchise, if granted, and amounts payable by users. No decision was made, matter to be pursued if sufficient interest is evidenced by the residents. At approximately 3:55 P.M., the Commission met in Workshop session to hear Mr. Rosenberg, Finance Director, discuss the merits of a Pension Trust Fund for the Town's employees including the Police Department. He explained requirements of the Federal Government for Tax exempt funds of this nature, etc. • His broad recommendations are: Eligibility - one year employment, full-time, (at least 20 hours', and 5 months per year) Vesting - Town Commission and employee: Five Percent each (Base Pay) Employees deposits up to five years returnable with ac- crued interest, no other benefits due under plan. Thereafter Town's contribution (10%) would be toward retirement benefits. Benefits: Various forms, lump sum, or monthly annuity w/survivor benefit, etc. Retirement Age: Suggested range 60 - 65 Matter to be discussed with personnel and pursued. Since Retirement Plan needs only to be activated, it is hoped Commission will take action prior to beginning of new fiscal year--October 1. In response to budget questions, a meeting arranged for preliminary re- view of the F/y 75 budget with members of the Finance Committee, and • scheduled for 9:30 A.M., Thursday, August 22 was amended to be a work- shop meeting with the Commission in session with the Finance Committee for the above mentioned purpose. MINUTES MEETINGS OF THE TOWN COMMISSION ON AUGUST 20, 1974 page -6- • The Commission adjourned at 4:50 P.M. Approved: ~j,/ ` Attest: s'/~`'/ "~ Dated; l,_~~~~ _. •