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1995.09.05_TC_Minutes_Regulars '~ LJ TOWN OF HIGHLAND BEACH TOWN COMMISSION MINUTES OF MEETING - REGULAR MEETING Tuesday, September 05, 1995 1:30 P.M. Mayor Arlin G. Voress called the Regular Meeting to order in Commission Chambers at 1:30 P.M. Town Clerk Doris Trinley called the roll. The Mayor, Vice Mayor Bill Paul and Commissioners David Augenstein and John F. Rand were present. Commissioner Arthur Eypel was absent. Also present were Town Attorney Thomas E. Sliney, Building Official Lee Leffingwell and members of the general public. Town Manager Mary Ann Mariano was absent. Following roll call, the Pledge of Allegiance was given. ADOPTION OF AGENDA Upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER RAND, the Agenda was accepted as submitted. APPROVAL OF MINUTES The following sets of Minutes were unanimously approved upon MOTION by COMMISSIONER RAND/COMMISSIONER AUGENSTEIN: July 25, 1995 - Workshop Meeting July 25, 1995 - Special Meeting August 04, 1995 - Regular Meeting PUBLIC COMMENTS AND RE UESTS Dr. Ray Murphy, 4023 South Ocean Boulevard, commented on the favorable September 04, 1995 Sun Sentinel article regarding the opposition to the westward movement of the existing Coastal Construction Control Line, and extended thanks and congratulations to Mayor Voress for his past and continuing diligent efforts to prevent a more westerly imposition of the line, which is based on an outdated technical model. Mike Flattery of Gee & Jenson next addressed the Commission regarding the low bid for renovation of the fire station. He said he was working with the low bidder and Delray Fire/Rescue in an effort to lower the projected cost without affecting quality and should have revised figures available for the September Workshop. In this regard, Mayor Voress noted receipt of a letter from Mr. Flattery indicating the low bidder must hold their quote for a i T ~ Town Commission Regular Meeting - Minutes September 05, 1995 Page 2 of 6 period of 30 days after scheduled closing time for receipt of bids, unless mutually agreed by owner and contractor that such time may be extended. Discussion of this issue followed, concluding with the Town as "owner" and Bob McTeague, President of RPM (low bidder) as "contractor" mutually agreeing to a bid time extension until the Regular Meeting on October 3. Mr. McTeague said he will send a letter to Gee & Jenson to this effect; a unanimous favorable MOTION by VICE MAYOR PAUL/COMMISSIONER RAND acknowledged the Town's agreement to the bid time extension. It was noted that the job could be started 10-15 days after "Notice to Proceed" and would take approximately six and one-half months to complete. In conjunction with the delivery of the new Sutphen fire truck, which was on public display prior to the meeting, Delray Fire/Rescue Chief Robert Rehr addressed the Commission, congratulating them on their vision in procuring what he called a "premier aerial unit," and recalling his service in a municipality where the fire/rescue personnel preferred to operate a 19-year old Sutphen than a newly purchased truck of another manufacture. • Saying that the truck would provide many years of service, Chief Rehr gave a summary of its features: • .104' height on aerial unit. .1500 gallon pump. .1200' of 5" hose. .166' of ground ladders. .enclosed 5-person cab. .470 HP Detroit diesel engine. .Allison 4-speed transmission meeting all federal standards. Chief Rehr advised that before delivery the truck underwent an Underwriters Lab Test, independent of the Sutphen factory, for pump, aerial and performance acceptance the same tests were also applied by Delray Beach Fire/Rescue upon delivery. Chief Rehr further advised that mounting of equipment and training of engineers will begin shortly, and until the Town's fire station is renovated the truck will be housed in Delray's Station No. 2. located on the beach, just north of Atlantic Avenue in Delray. r Town Commission Regular Meeting - Minutes September 05, 1995 Paae 3 of 6 • REPORTS - TOWN COMMISSION Only Mayor Voress had a report for this meeting, which included: .the new fire truck will be the largest in service for Delray Fire/Rescue and will improve the safety of the Town as a whole. .the second installment of the RTC debt re "Hidden Harbor," $1.5 million, was wired by Finance Director Michael Seaman on September Ol, 1995 per RTC instruction. .Per Kevin McCarty of Stiffel Nikolas the response to the Town's bond issue has been more favorable than expected. .the Public Hearing re 1995/1996 Fiscal Year Budget is scheduled for Friday, September 08, 1995 at 5:01 P.M. .the Building Department has received some inquiries re "Hidden Harbor," some of which have requested the Building Official to answer specific questions; however, as previously agreed, all such inquiries will be reviewed by the Town Manager, Town Attorney and Building Official before a response is transmitted and those inquiring have been so advised. . REPORTS - TOWN ATTORNEY Town Attorney Thomas E. Sliney reported he has been working with the Building Official on the modular lease for the Police and Fire/Rescue Departments. Regarding the Drexel property itself, on which with their agreement the modular will be placed, Mr. Sliney said he had been in touch with Drexel's attorney this date and was advised that the property has not been sold. Regarding assignment of contract from County Sanitation to BFI (a Consent Agenda item), Attorney Sliney wanted it noted that the Commission would be approving it subject to BFI providing the appropriate paperwork stating that they will assume all the duties and obligations of the contract. REPORTS - TOWN MANAGER None. BOARD AND COMMITTEES The Board Action Report for the month of August was accepted as information and Mayor Voress announced meetings for the month of September. Town Commission Regular Meeting - Minutes September 05, 1995 Paae 4 of 6 PROPOSED ORDINANCES AND RESOLUTIONS 1) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING SECTION 6.01 IN ITS ENTIRETY AND REPEALING SECTIONS 6.02, 6.03, 6.04 AND 6.05 OF THE TOWN CHARTER UNDER ARTICLE VI ENTITLED "BONDS" AS ADOPTED IN ORDINANCE NO. 636; AND PROVIDING AN EFFECTIVE DATE. (First Reading 08/04/95; Published 08/15/95; Final Reading 09/05/95.) This ordinance was adopted upon MOTION by COMMISSIONER RAND/VICE MAYOR PAUL, followed by unanimous favorable roll call vote. 2 ) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, TO EFFECT A TAX LEVY BASED ON THE 1995 TAX ROLL OF THE TOWN OF HIGHLAND BEACH. (First Reading 08/04/95; to be published 09/07/95.) 3) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPROPRIATING FUNDS FOR THE FISCAL YEAR 1995-1996, BEGINNING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30, 1996. (First Reading 08/04/95; to be published 09/07/95.) • There was no discussion of these two (2) ordinances, which will be given fur ther consideration at the Town Commission Public Hearing regarding the 1995/1996 Fiscal Year Budget, scheduled for September . 08, 1995 at 5:01 P.M. 4) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE TOWN CODE, CHAPTER 22 ENTITLED "SEWERS," SECTION 22-2 ENTITLED "SEWER SERVICE CHARGES" AND CHAPTER 29 ENTITLED "WATER SYSTEM," SECTION 29-10 ENTITLED "CHARGE FOR WATER SERVICE." (First Reading.) There was brief discussion of this ordinance, which will be given further consideration at the September 26 Workshop. 5) A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING UTILITY RATES, FEES AND/OR CHARGES, AS PROVIDED FOR IN SECTION 24-13, ENTITLED "COLLECTION CHARGES," OF TOWN CODE OF ORDINANCES CHAPTER 24, ENTITLED "SOLID WASTE" GARBAGE, TRASH & RECYCLING CHARGES). This Resolution was adopted by unanimous favorable vote upon MOTION by VICE MAYOR PAUL/COMMISSIONER AUGENSTEIN. REGULAR BUSINESS Items Left Over 1) Establishment of an Ad Hoc Start-Up Committee for the • Highland Beach Library Foundation. Town Commission Regular Meeting - Minutes September 05, 1995 Paae 5 of 6 i Continued discussion of the Highland Beach Library Foundation under Regular Business, concluded with a MOTION by COMMISSIONER AUGENSTEIN/VICE MAYOR PAUL to have not less than three (3) or more than six (6) members serve on the ad hoc start-up committee. The Motion met with unanimous approval. Those nominated to serve on this Committee are as follows: Leonard Bell (nominated Chairman by the Commission) Thomas J. Reid John E. Ward Jean Lewis (President of Friends of the Library) or her designee Elizabeth Poulsen (Library Director) For the record, Attorney Sliney advised that all meetings of the ad hoc committee would be governed by Florida's "Sunshine Law." 2) Approval of Revised Space Needs Agreement with Gee & Jenson re Town Hall Complex. In light of the lowest bid being much higher than Gee & Jenson's total plan cost regarding the fire station renovation, discussion of approval of their revised space needs study for Town Hall complex focused on their ultimate estimate being more accurate and their assumptions justified. It was agreed, however, that since there is no time certain for the start of the project, today's cost estimates would not reflect probable costs in a year or two. In conclusion, approval of the revised space needs study met with unanimous favorable roll call vote upon MOTION by COMMISSIONER RAND/COMMISSIONER AUGENSTEIN. The following Consent Agenda items were unanimously approved: 1) APPROVAL OF LETTER TO DEPARTMENT OF ENVIRONMENTAL PROTECTION, TO BE SIGNED BY MAYOR ARLIN G. VORESS, RE RESOLUTION TRUST CORPORATION'S DREDGE AND FILL APPLICATION FOR THE PROPERTY KNOWN AS "HIDDEN HARBOR." 2) PROPOSED AGREEMENT FOR UTILITY MAINTENANCE AND CONSTRUCTION (HARVEL UTILITY CONSTRUCTION) 3) BFI-COUNTY SANITATION REQUEST RE ASSIGNMENT OF FRANCHISE AGREEMENT (with the provision previously noted by Attorney Thomas E. Sliney) 4) WITH CERTAIN PROVISIONS, I.E., THAT THE TOTAL COST WOULD INCLUDE NOT ONLY MANAGING REMOVAL OF ASBESTOS, BUT REMOVAL ITSELF, APPROVAL OF ASBESTOS ABATEMENT AGREEMENT BETWEEN GEE & JENSON AND ENTEK RE FIRE STATION RENOVATION; TOTAL COST TO THE TOWN, • PER GEE & JENSON, WILL BE $4,575. Town Commission Regular Meeting - Minutes September 05. 1995 Page 6 of 6 The Consent Agenda was unanimously approved upon MOTION by COMMISSIONER RAND/VICE MAYOR PAUL. There being no further business to come before the Commission at this time, the Regular Meeting was adjourned at 2:15 P.M. upon MOTION by COMMISSIONER AUGENSTEIN/VICE MAYOR PAUL. dmt APPROVE: ~~~ ATTEST : Gchc~ DATE : l~ J~ ~ ~ /~ f ~ S Arlin G. Voress, Mayes Bill Paul, Vice Mayor David Augensteir~, ommissioner ~`` , 2 ~ Arthur Eyp~l, Com 'ssi ner ~ \ oh Rand, Commissio er •