Loading...
1993.06.01_TC_Minutes_Regular. ~~ TOWN OF HIGHLAND BEACH, FLORIDA I~ LJ Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, June O1, 1993 1:30 p.m. Mayor Arlin Voress called the Regular Meeting of the Town Commis- sion of the Town of Highland Beach, Florida, to order in the Com- mission Chambers at Town Hall at 1:30 p.m. Others in attendance were Vice Mayor Bill Paul, Commissioners Arthur Eypel, John F. Rand, and David Augenstein. Also present were Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Town Clerk Anne M. Kowals, and members of the general public. Following roll call, the Pledge of Allegiance was given. ADOPTION OF AGENDA The Agenda, amended to include the 'March of Dimes' Awards Pre- sentation and by moving Items Left Over under Regular Business to a position immediately following Public Comments and Requests, was unanimously accepted as amended. APPROVAL OF MINUTES The following Town Commission Meeting Minutes were submitted for consideration: April 27, 1993 - Workshop Meeting May 04, 1993 - Regular Meeting MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER RAND approving the Minutes as submitted received unanimous acceptance. PUBLIC COMMENTS AND REQUESTS Mr. Victor Hadeed of Beach Walk East informed the Town Commission as one drives North along Federal Highway in Boca Raton, the sign indicating Highland Beach was removed; he asked what can be done to have the sign replaced. It was noted the Building Official will be requested to look into this matter. 'March of Dimes' Awards Presentation Ms. Bonnie Doesken, Community Director for the 'March of Dimes', stated this is the second year in a row that Highland Beach has raised the most money and won the Municipal Challenge. Town Commission Regular Meeting Minutes June O1, 1993 Page 2 of 7 Ms. Doesken, noting the Town had 117 walkers and raised a total of $5,906, presented a plaque for the Second Place Fund Raiser Team to Chairman Jan Sheller and her Committee. Awards were also pre- sented to Mayor Voress, Vice Mayor Paul, Town Manager Mariano, and Harvey Sheller. At this time, the Town Commission, having amended the Agenda by moving Item 11 to a forward position, addressed REGULAR BUSINESS, Items Left Over. REGULAR BUSINESS Items Left Over 1. Discussion re proposed development of Drexel Property submitted by Tuscan-Harvey Homes, Inc. representative Bill Kuntz and Architect Shane Ames Mr. Bill Kuntz of Tuscan-Harvey Homes, Inc., noting Drexel Pro- perty representative Gordon Latz is present, stated they are proposing a variance from the 40' to a 30' front setback require- ment for the entire site. In response to the Mayor's query, the Town Attorney advised he has no problem with this request; and, • should the Commission approve this request, he would contact Drexel's Attorney Brian Deuschle in order to prepare the necessary documents. Noting this is a continuing matter under the jurisdic- tion of the Town Commission, the Town Attorney stated an amendment to the previously approved settlement agreement would be prepared and executed by both the Town and Drexel officials. Following discussion, COMMISSIONER AUGENSTEIN/COMMISSIONER RAND MOVED for approval of the requested variance. The Town Attorney, noting the Commission will vote on a flat 30' straight line, ad- vised the request would be granted on the basis of the site plan submitted for that proposal at the May 25, 1993, Town Commission Workshop Meeting (the design and type of the homes will remain as presented at that May Workshop Meeting). To avoid any disagree- ment in the future, Mr. Kuntz will provide a new drawing, similar to the submittal for the May Workshop Meeting, depicting the footprint of the homes. An amendment to the original MOTION resulted with COMMISSIONER AUGENSTEIN MOVING the MOTION be made on the resubmitted plans with the maximum of 30' and consistent with the plans submitted at the May Workshop Meeting. The amended MOTION, seconded by COMMISSIONER RAND, received an 'AYE' vote from each Commissioner. Town Commission Regular Meeting Minutes June O1, 1993 • Page 3 of 7 Mr. Kuntz will submit the revised plans to the Town Manager by the end of this week so the Town Attorney can then coordinate with Drexel's Attorney Deuschle regarding the drafting of the necessary documents for execution. 2. Discussion re Atlantic Ambulance Services Contract; clarification by their Director, Charles S. Maymon. Mayor Voress, noting Charles S. Maymon of Lifefleet Atlantic Ambulance is in attendance, acknowledged receipt of written clari- fication of concerns raised by the Commission at the May Workshop Meeting. The Vice Mayor noted Exhibit "A", the Non-Emergency Rates, and Exhibit "B", defining Zone 6, were included with the letter of clarification. Responding to Comissioner Rand's query, Mr. Maymon advised the limits of the contract allow for 30 miles; however, they will transport a patient beyond 30 miles but there is a mileage charge and .the base fee becomes applicable (the 30 miles allowed as well as the base fee are discounted). During discussion, Mr. Maymon noted the term "authorized" in transport of patients usually relies upon what the physician authorizes. Mr. Maymon explained the rates indicated on Exhibit "A" are those accepted by Medicare . and insurance carriers. Following discussion, a MOTION by VICE MAYOR PAUL/COMMISSIONER RAND to prepare a Resolution to accept the Atlantic Ambulance contract was unanimously approved. REPORTS - TOWN COMMISSION Vice Mayor Bill Paul Vice Mayor Bill Paul reported Town Manager Mariano, Police Chief Cecere, and he made a survey of the signs presently in place on the bike path. Noting the state statute requires a cyclist give an audible signal when passing, the Vice Mayor advised there is a double-faced sign in the 3600 block as well as in the 4200 block which will probably be lowered to eye level of pedestrians and bike riders. Additional signs will be placed in the area of 4720 where a post presently stands. It was noted a number of signs are in place at the Town line, a double-faced sign will be placed in the 4500 block (across from Ambassadors' South) and in the 3100 block (between Monterey House and Penthouse Highlands). Commissioner Arthur EyDel Commissioner Arthur Eypel reported attending the Palm Beach Countywide Beaches and Shores Meeting where Members discussed the proximity of Mr. John Haronian's house to the Coastal Construction • Control Line. The Commissioner's Motion approving the submitted Town Commission Regular Meeting Minutes June O1, 1993 • Page 4 of 7 plans as long as the state The South Palm Beacfi Shore situation at the Port of P, keeps the channel clear is was noted the June meeting consideration. guidelines are adhered to was accepted. Protection Project and the emergency 31m Beach (the transfer station that out of order) were also discussed. It was cancelled due to lack of items for Commissioner Eypel, noting the Police Department will be present- ing a Hurricane Preparedness Program in the Commission Chambers at 1:00 p.m. on June 17, 1993, urged all to attend this very informa- tive and important meeting. Commissioner John F. Rand Commissioner John F. Rand, having attended the May 25, 1993, Delray Beach Commission Meeting, noted his surprise at the large number of residents in attendance. At the close of business, people instrumental in attaining the "All America City Award" for Delray joined with residents in the audience to celebrate this achievement. The Town Commission, supporting Commissioner Rand's request, directed the Town Manager forward a letter to Delray Mayor Tom Lynch congratulating all Delray residents for achieving such a splendid and well deserved recognition and noting we are • proud to be their neighbor. Commissioner Rand, citing the 5/30/93 Sun Sentinel article indi- cating cable television customers can turn to City Hall for help in getting cable systems to lower their rates (at least for the basic tier of channels), requested Town Manager Mariano address whether the Town will pursue this matter. Noting the Finance Director attended a seminar in Tampa regarding this subject, the Town Manager advised she met with the Finance Director to discuss requirements the Town has to meet 36 months prior to the expira- tion of the franchise (what applications are to be filed, etc.). Town staff is on top of this matter. Commissioner David Augenstein Commissioner David Augenstein had no report. Mayor Arlin Voress Mayor Arlin Voress reported the Town Manager, Town Attorney, Town Clerk, Finance Director, and he met with the Bond Counsel to sign papers to complete the refinancing of the 1979 Series Bond Issue. The Mayor acknowledged receipt of a letter from Nations Bank ad- vising they received the money for the bond issue. The Bond Counsel noted all transactions will be held until all the Town Commission Regular Meeting Minutes June O1, 1993 • Page 5 of 7 signatures and blanks were filled in. The Mayor, confident the issue is complete as of this date, advised this transaction will save the Town $201,000 for the remainder of the life of the bonds. Mayor Voress announced the Town, on July O1, will request resi- dents allow sampling of the water in their homes for lead and copper content, as mandated by the Environmental Protection Agency Regulation. The Town is required to sample the water in homes built between 1983 and 1987 in the early morning hours (after a quiet period--night time lull). A contractor will analyze the samples and forward data to the Palm Beach County Health Depart- ment. An additional sampling will be taken following a six months hiatus. Assuming the levels will be low, the Town will then apply for an exemption to allow testing but once a year. The Mayor noted the letter to approve the 'Scope of Services' by Montgomery Watson (on today's Consent Agenda) will be sent to the Palm Beach County Health Department, in draft form, to indicate what we intend to do. When we receive a response from the County, we will make the necessary modifications and that will become our plan as of July O1. REPORTS - TOWN ATTORNEY • 1. Discussion re draft document establishing an "Ad Hoc" Committee re "Advise and Protection Program" proposed by John E. Ward. Town Attorney Thomas E. Sliney reported, pursuant to the May Workshop Meeting, he drafted a resolution, regarding the "Advise and Protection Program" proposed by Mr. Ward, to establish an Advisory Board (Ad-hoc Committee) that would meet and make recom- mendations as to how assitance may be offered to residents. With regard to the number of Members to be appointed by the Commission, Mr. Ward stated five persons would be sufficient. Mayor Voress noted appointees should be from various areas of the Town in order to represent residents of single-family, condos, etc. It was the consensus to amend the resolution by inserting 'Ad-hoc Committee' where 'Board' is indicated, and number 1 should read as follows: "The Advise and Protection Program Ad-hoc Committee is hereby established and shall consist of five members to be appointed by the Town Commission." COMMISSIONER RAND proposed a MOTION that this Resolution be adopted with the additional wording suggested. VICE MAYOR PAUL SECONDED the MOTION which received unanimous approval. It was the Town Commission Regular Meeting Minutes June O1, 1993 Page 6 of 7 consensus to place this matter on the June Workshop Meeting Agenda at which time each Commissioner will be requested to submit a nominee to be considered for appointment to said committee at the July Regular Meeting. The Commission directed this committee be treated as any other Town Advisory Board. REPORTS - TOWN MANAGER Town Manager Mariano informed the Commission she and the Town Attorney discussed a program that will be in effect at the start of the July Workshop Meeting whereby both she and Town Attorney 5liney will be in Town Hall and available from 12:30 to 1:30 p.m. (an hour before each Workshop Meeting) to discuss any questions Commissioners may have regarding Agenda Items that may be answered prior to the meeting so as to better serve the elected officials. The Town Manager requested each Commissioner give thought to their personal schedule, find a time certain when the Town Manager can be avaiable (preferably on Monday morning or Friday afternoon) so that more time may be devoted to answering whatever matters need addressing. It was noted the Town Manager will be available when- ever any emergency surfaces. • Commissioner Rand, noting we have been experiencing problems with the televising of the meetings, questioned what can be done to remedy the matter. Mayor Voress suggested, and the Commission agreed, we engage someone to come to our Town Commission Meetings to handle the televising of our proceedings. REPORTS - BOARDS AND COMMITTEES Mayor Voress, noting there are no vacancies on any Town Advisory Boards, announced the schedule of meetings for the Boards. PROPOSED ORDINANCES AND RESOLUTIONS None Responding to Commissioner Rand's inquiry, Chief Cecere advised the Police Department issues citations for water violations; first offenders receive written warnings. REGULAR BUSINESS Items Left Over The two items under this section, moved to a forward position when the Agenda was amended, were addressed earlier in the meeting. r1 LJ Town Commission Regular Meeting Minutes June O1, 1993 Page 7 of 7 Consent Agenda 1. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, SUPPORTING AND ENDORSING THE IMPLEMENTATION OF THE "COMMUNITY BASED PROSECUTION PROGRAM" IN THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY. 2. Approval of Scope of Services for a 'Lead and Copper Rule Sample Plan' in the amount of $9,200 submitted by Montgomery Watson, Town Engineers. 3. Approval of Fire/Rescue Budget Transfer. APPROVED : ~,/~j` E_, Arlin Voress, Mayor oner The Consent Agenda was adopted upon unanimous approval of MOTION proposed by COMMISSIONER RAND/COMMISSIONER EYPEL. ADJOURNMENT Upon MOTION by COMMISSIONER RAND/VICE MAYOR PAUL, Mayor Voress adjourned the Regular Meeting of the Town Commission at 2:45 p.m. AT~EST: i _ / ~n k ~ ~-r -~~ ate : 1.,~. _ <~ a i amk C~~>c.