1973.03.13_TC_Minutes_Special (2)MINUTES; SPECIAL MEETING OF THE TOWN COMMISSION - March 13, 1973 - 9:40 A.M.
This special meeting was called by Mayor Horton, Vice Mayor Dent and Com-
missioner Joy for the purpose of discussing a possible compromise with Mr.
Urbanek.
Present were all Commissioners, the Town Administrator, the Building Inspector,
the Police Chief and several members of the Highland Beach Civic League.
Vice Mayor Dent reported that he and the Mayor had met with members of the Civic
League on Sunday to explain of his meetings with Mr. Urbanek to try to negotiate
a compromise agreement and to discuss same. There as no seeming opposition then,
but since, many phone calls have made and received. Mr. Dent informed that since
the zoning ordinances 132, 150, and 172 had been declared invalid in the 3200
case and that the appeal of the Urbanek case might not be won by the Town, he had
used his bargaining power to negotiate this agreement. He then read the agree-
ment and it was discussed in detail.
It was decided to recess the meeting at 12:15 P.M, until 4:00 P.M, that same
day.
CONTINUATION OF SPECIAL MEETING - March 13, 1973 - 4:10 P.M,
All Commissioners, Mrs. Roberts, Mr. Foster and a few Townspeople were present.
There was prolonged discussion on sewer tap in fees, payment of the water tap in
• fees, the proposed sewage treatment package plant and its location and several
minor adjustments in the agreement.
Commissioner Gilday moved for approval of the agreement in principle, as pre-
sented by Vice Mayor Dent. Commissioner Mumford seconded. The following
voted yes: The Mayor, the Vice Mayor, Commissioners Gilday and Mumford.
Commissioner Joy, who feels being rushed into this agreement, .abstained.
The meeting was recessed at 5:30 P.M. until Thursday, March 15 at 9:30 A.M,
CONTINUATION OF SPECIAL MEETING - March 15, 1973 - 9:45 A.M.
Present were all Commissioners, the Town Administrator, the Building Inspector,
~ the Police Chief, Attorneys Richafd Mowry, Larry Klein, David Faust, Mr. Urbanek
and many Town residents. The meeting was held in the Fire station.
Attorney Faust, representing Mr. Urbanek, read a letter of proposal dated
March 14.
Mr. Howard Williams, a resident in Town, objected to the meeting proceeding any
further.
Attorney Klein responded by explaining that the draft being presented is the fourth
and that further negotiations may be discussed at this meeting, He further ex-
plained the length of time possible in appeals and decisions and suggested to
proceed with. discussion,
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CONTINUATION OF SPECIAL MEETING - March 15, 1973 - Page -2-
Mr. Earl Totz said the Town Commission deserves a vote of confidence.
Attorney Mowry stated the agreement would be within the scope of the Town
Commission decision making perogatives.
Discussion followed of the proposed agreement paragraph by paragraph. The
last Section would become the final judgment by the Court and several minor
revisions were included in earlier sections. There was further discussion.
Vice Mayor Dent moved the following: (read by Attorney Mowry) that the
Town Commission accept the proposal of Mr. Urbanek outlined in Mr. Faust's
letter of March 14, 1973 as modified and agreed upon during this meeting
for the settlement of the pending litigation against the Town and agrees to
issue building permits to Mr. Urbanek in accordance with the contents and
provisions of said letter of March 14, 1973; that Mr. Klein be instructed to
enter into such stipulations for filing with the court as may be required to
cause the dismissal of the Town's presently pending appeals and the judicial
implementation of the foregoing settlement agreement; and that the Mayor and
Town Clerk be authorized to execute on behalf of the Town Mr. Faust's letter
of March 14, 1973 evidencing the Town's agreement to and acceptance of the
settlement proposal. Commissioner Gilday seconded and the following voted
yes: Mayor Horton, Vice Mayor Dent, and Commissioners Gilday and Mumford.
Commissioner Joy voted no.
• The meeting adjourned at 12:15 P.M.
j ---7
APPROVED -^-~-
ATTEST• ~-~Q ~ ~ ~ 4t~rraifs
DATED: y" ~~' ~ 3