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1974.04.11_TC_Minutes_SpecialMINUTES: SPECIAL AND WORKSHOP MEETING OF THE TOWN COMMISSION - April 11, 1974 At 9:05 a.m. Mayor Horton called the Special Meeting to order. Present were: Mayor Horton, Vice Mayor Dent, and Commissioners Gilday, Joy, and Mumford. The calling of the meeting and items for consideration are described in the notice dated April 9, 1974, copy attached, marked Attachment f'A". Ms. Roberts read the data of bids received from Foster Marine Corporation and Powell Bros. Mayor Horton voiced his regrets that pipe costs and escalated, eliminating savings projected in the re-designing of Part "A" of the Water Systems Im- provement project. He canvassed. the members of the Commission as to whether the apparent low bidder should be awarded the contract now or be further delayed. Review of proceeds from interest on Bonds, and those to be realized (see Chapter 29-7 of the Code) were factors that were considered. Commissioner Gilday expressed his opinion that the award be made at this time. Ms. Roberts advised that the Townts Engineers had recommended verbally that the award be made to the low bidder, letter of confirmation to be received. • Commissioner Gilday offered the motion to accept the recommendations of Russell and Axon and award the contract, Commissioner Joy seconded the motion and Mayor Horton, Vice Mayor Dent, and Commissioners Gilday Joy, and Mumford all voted their approval. Record will show a roll call vote, all aye. With respect to item two (2): Agreement - Interim Treatment Sewage Plant - Highland Beach Utility Company - Mayor Horton suggested each paragraph be read and any questions to be considered relative thereto. There were no questions to the first four paragraphs. Vice Mayor Dent suggested that another Whereas Clause be inserted. See Attachment "B", data which he suggested be inserted. Discussion followed as to inserting appropriate references to all basic agree- ments already in force in the proposed agreement. Ms. Roberts read changes she had made. and Mayor Horton requested copies of what Vice Mayor Dent and Ms. Roberts suggested be furnished to each member of the Commission. A prolonged discussion took place as to why another Agreement was needed. It was the consensus of the Commission that the matter of resolving the lateral problems should have priority. The letter received from Attorney Faust did not suffice. It was not satisfactory and the expression of the Commission was that consideration of the Agreement be tabled until such time as the Utility Company shows good faith for the entire sewage system. Commissioner Gilday offered a motion and Commissioner Joy seconded that the Agreement be tabled. Discussion followed. • PAGE -2- MINUTES: SPECIAL AND WORKSHOP MEETING OF THE TOWN COMMTSSION - April 11, 1974. ~ Attorney Sliney in attendance stated that the proposed new agreement was a question of policy and in the absence of anything in writing there did not appear to be sufficient basis for immediate action. Commissioner Gilday offered to take another affirmative vote on existing agreements, but his motion stands. Decision of wording of the motion previously offered by Commissioner Gilday and seconded by Commissioner Joy followed and this motion was withdrawn. Commissioner Gilday then re-phrased his motion; I move at this time that con- sideration of this agreement be tabled with instructions to the Town Counsel to contact Mr. Faust in the meantime, and explain to Mr. Faust what our feelings are in the matter and see if we cannot move the whole situation along. When they are ready to do what they have contracted to do for the Town, then the Town will be very happy to support them. Commissioner Joy seconded the motion. Discussion followed and the Commission requested the Town Attorney to pursue the matter for the laterals with Attorney Faust. In response to the question, a roll call vote resulted in Mayor Horton and Commissioners Gilday, Joy and Mumford voting Aye and Vice Mayor Dent, Nay, or a four (4) to one (1) vote on the motion. This concluded the special meeting and the Workshop meeting began at approximately • 10:00 a.m.. Discussion took place regarding Attorney Faust's letter and at this time, Mr. Urbanek was in audience. It was stated that a precise agreement should be forthcoming -- a proposal that would settle the lateral problem. Mr. Urbanek refrained from commenting on the matter advising that his Counsel will discuss and resolve this with the Town Attorney. Commissioner Joy suggested the Commission meet at a later date and discuss the wording of the Agreement. The Commission discussed its receipt of a new law suit from Healy to de-annex Byrd Beach. The Commission directed that Attorney Klein should continue to handle such suit and that Commissioner Gilday consult with the Attorney prior to April 25th. The instructions to Attorney Klein were not formulated. Discussion followed as to what zoning would be involved in similar land under the CountyTs Ordinances. Review was made of how the deed restrictions were lifted by Healeyts Attorneys, Commission's obligation to inform property owners in Byrd Beach, and strategy to be followed. It was deemed advisable that pro- perpty owners in Byrd Beach would be informed and that they should consult their own attorneys regarding their property and involvement. • PAGE - 3 - MINUTES• SPECIAL AND WORKSHOP MEETING OF THE TOWN COMMTSSION - April 11, 1974. Mayor Horton read his proposed letter to be sent to all Town residents ex- plaining proposals set forth as Charter changes and that this educational process be furthered by a Public Hearing scheduled for April 25th at 2:00 p.m.. (Date changed. to April 29th). Mayor Horton read a letter that advised that Boca Raton was considered the abandoning of Appleby Street west of U. S. 1. Ms. Roberts stated that Appleby Street running along the Water Plant should be paved and she would check the existing water line easement of the TownTs. She was authorized to inform the Boca City Council of the TownTs view based on information and facts re: the above easement. Public Beach and land for such purpose was discussed. Attachment "C" letter fram Mr. Lanz was discussed. Ms. Roberts was requested to have Mr. Kemery intercede and discuss with Mr. Lanz that the Commission would be interested in receiving proposals to buy part or all of his property and/or sell part of municipal property. If a purchase of this land is con- sidered it may be necessary to plan another Bond Issue which would include the Water Plant Expansion completion. The Commission was advised of vandalism at Boca Cove and the Town Adminstrator was requested to review this matter with the Chief of Police, the feasibility of having a barrier put across Russell Road at night. etc.. • Mayor Horton read a letter from the Florida Shore and Beach preservation Association dated March 26, regarding proposed legislation, House Bill No. 2809. Ms. Roberts was requested to advise that it was the consensus of the Town Commission to endorse this bill. The Palm Beach Corps of Engineets requested the Town to appoint a representative regarding beach studies, they were to be advised that Ms. Roberts and Commissioner Mumford should be contacted. Mayor Horton suggested the resolution endorsement requested by Pompano be tabled and be decided later. Ms. Roberts to consult with Gracey Bros. as to Flood Insurance and Resolution No. 74-19, received from the City of Sunrise, and advise the Commission. Commissioner Joy advised that he had received three estimates for burglar alarm systems for Town Hall, and he felt the basic system should also have smoke and fire censors. He was authorized to gather the additional cost. • PAGE - 4 - MINUTES: SPECIAL AND WORKSHOP MEETING OF THE TOWN COMMISSION - AEri1 11, 1974 Vice Mayor Dent informed the Commission of his conversation with Attorney Klein regarding Healy and Van Lennep suits as to the desirability of hiring Mr. Abernathy as an expert for such suits for Court dates, five days beginning August 5th. It was the Commissiones decision that Ms. Roberts write Mr. Abernathy and request first refusual and put him on notice, if he will be available. The Fire Ordinance was discussed and it was the consensus that the present Ordinance does not need any changes. Commissioner Mumford requested the Animal Control Ordinance be revised. An amendment to be written and presented for consideration and/or approval. Ms. Roberts advised that the Palm Beach County Municipal League had appointed Commissioner Mumford as a representative from the League to the County Parks and Recreation Agency. The meeting adjourned at 12:10 p.m.. APPROVED: ATTEST : d®~~ ~ ~`~'~ ~ DATE • Gy ~ L~