1974.01.31_TC_Minutes_RegularMINUTES: Meeting held, in Town Hall, January 31, 1974
• At the request of the Commission, the Town's Attorney arranged for a
meeting with representatives of the Highland Beach Utility Company
which was held at 8:45 A.M. on January 31, 1974. Representing the
Utility Company were Attorney H. David Faust, and Messrs. August Urbanek
and Richard Rodgers, with Messrs. Dickinson and Totz in audience.
On behalf of the Town, Commissioners Gilday and Joy attended the meeting
with Attorney Sliney. To assist in the discussions, Mr. Joe Swann
represented the Town's Consulting Engineers, Russell & Axon. Auditing
the meeting was Mr. Benjamin Gersoni who was a Chief Inspector and Field
Engineer recently retired from the City of Santa Clara, California.
Other Commissioners, who were to attend a Special Meeting called on the
same date, were present for portions of these discussions.
The purpose of this meeting was to discuss sewer service laterals of the
Sewer System, the Town's position versus that of the Utility Company
relative thereto. Attorney Sliney stated the Town's position: The
Sewer System as provided in the plans and as agreed in the Franchise
Agreement, did include and was to be completed with sewer service laterals.
Further, this position had been confirmed by Mr. John Klinck of the
firm of Russell & Axon, the Consulting Engineers. Accordingly, unless
there is evidence to the contrary, this position was firm.
• On behalf of the Highland Beach Utility Company, Attorney Faust advised
that the Utility Company was in agreement with respect to gravity laterals
but, are not in accord with service laterals; he e~:aimed their position
was supported by Section XI of the Sewer Franchise, which he read, in
part, from the Code•of Ordinances.
Mr. Joe Swann presented and identified plans and described changes therein,
if any. He was questioned by both parties as to dates of the plans shown,
revisions and reasons therefor. He explained his inability to answer all
inquiries and expressed his regrets in the replies being furnished.
(One revision, that of October 1969 which added Sheet 6 (a) Bel Lido,
Section 4, was discussed at great length.
Attorney Faust pointed out that there were various plans, all approved
by the Rrigineering firm, bearing the same number of the Town's original
project plans and that certain changes preceded the date of the Franchise
Agreement (October 7, 1969). Mr. Urbanek and his counsel stated that
certain questions and replies thereto should be put to Mr. John Klinck.
Attorney Faust also requested that any and all plans should be available
for discussion and any and .all changes should be reviewed to show the
authorization(s) and approval(s) thereof. Mr. Rodgers commented that
• all existing service Laterals (on the east side of AlA) had the costs
thereof borne by the user of the system. He stated that the $175.00
connecting fee would not cover the costs of service laterals and if it
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Meeting of January 31,.1974 (With. .representatives of Highland Beach
Utility Company) - Page 2
• were understood that the Utilit Com an was to be r r
Y P Y a service laterals
cost, others would not have made such payments. Discussion followed.
It was stated that certain developers, who were or who had been, part
of the Utility Company undertook such expense in order to expedite their
access to the Sewer System.
Meeting recessed for Special Meeting.
The meeting continued after the Special Meeting (10:00 a.m. to 10:30 a.m.)
and Mayor Horton was requested'to join in these discussions.
Mayor Horton reiterated the Town's position and that changes relative to
the deletion of sewer service laterals (east side of AlA) were unilateral--
without approval of the Town Commission.
A prolonged discussion took place regarding the timely completion of the
system, the issuance of building moratorium ordinances, projected costs
versus estimated revenues, et al.
Attorney Faust felt that consideration should be given for the Utility
Company to recover the cost of service laterals if the Town wants these
• to be installed as part of the sewer system.
The meeting was adjourned at 12:30 p.m.; (for the record)
at approximately 12:40 p.m., the meeting had adjourned and almost all
parties had left, Mr. John Klinck of Russell & Axon came and spoke.
A portion of his remarks were taped and his conversation was heard by
Commissioners Gilday and Joy, Attorney Sliney, and Mr, Urbanek.
L 1J
Mr. Klinck summarized reasons for certain changes in the System; however,
he could not verify that the Town had been apprised of all changes, or
had given approval thereto. He pointed out that the cost of this system
has greatly increased. Further, he stated, for service laterals, the
Dept. of Transportation's requirements have also changed since the date
of the Agreement. He implied that if numerous cuts were made for service
laterals it may well require repaving of AlA.
There were no decisions made nor action taken and the discussion held wasp
for information only.
(Mr. Urbanek requested that Mr. Klinck arrange to be present when these
discussions are continued .and he would inform hi„s counsel to consult
with Attorney Sliney). ,~ ,
ATTEST y~~` ~~''~~ PROVED
(To erk)
Dated: ~ ~,~~~~U
cc: Attorney Sliney
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