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1993.05.25_TC_Minutes_Workshop,* _. ~ TOWN OF HIGHLAND BEACH, FLORIDA . Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, May 25, 1993 1:30 p.m. Mayor Arlin Voress called the Workshop Meeting of the Town Commis- sion of the Town of Highland Beach, Florida, to order at 1:30 p.m. in the Commission Chambers at Town Hall. Others in attendance were Vice Mayor Bill Paul, Commissioners John F. Rand, and David Augenstein. Commissioner Arthur Eypel was absent. Also present were Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Town Clerk Anne M. Kowals, and members of the general public. ARBOR DAY PROGRAM U Following roll call, the Mayor recessed the Workshop Meeting at 1:35 p.m. for the purpose of conducting the Arbor Day Program which included the planting of a Calophyllum Tree on Town Hall Property. Attending the Arbor Day Tree Planting Ceremony were Community Ap- pearance Board Chairman Guy Galizia, and Members Paul Heetmann, Frank Arenella, and Eugene Behrman. consecutive year. Following adjournment of the Arbor Members returned to the Commission reconvened the Workshop Meeting of ADDITIONS, DELETIONS OR ACCEPTANCE The Agenda was unanimously accepter Mayor Voress, having read the Arbor Day Proclamation, requested comments from Chairman Galizia who proudly announced the Town has been awarded the designation of "Tree City U.S.A." for the fifth Day Program at 1:45 p.m., Chambers where Mayor Voress the Town Commission. OF AGENDA 3 as written. 93.1 PUBLIC COMMENTS AND REQUESTS Attorney H. Frank Unity of Sylvester building West side create well as afford develop Robert Eisen of Boca Raton, representing owner/developer Lahage, requested the Commission consider releasing the Title filed for 2445 South Ocean Boulevard (formerly the ocean property) which divided said property into two. lots. Noting his client also owns the property on the of AlA, Mr. Eisen advised Mr. Lahage is proposing to 3' ocean access to be shared by both ocean properties as a a total of up to ten additional properties in the area to the ability of providing ocean access to units he may in the future. Town Commission Workshop Meeting Minutes May 25, 1993 • Page 2 of 8 Attorney Eisen, in response to concerns raised by the Commission, explained those parcels owned by Mr. Lahage would be attached to the proposed ocean access; others could request to be included, at a cost. Noting their intent is to limit this access to single family homes, Attorney Eisen advised they are working on easement documents that would clearly state this fact. During discussion, it was noted this proposed ocean access would seem to take the form of a business if the owner is to sell access to the beach. Having been advised the width of the access would be just enough for an individual to walk on, it was the consensus of the Commis- sion more detail was necessary. Town Attorney Sliney stated the Town needs a written proposal and a copy of easement documents as well as any other proposed legal documents they intend to use in this transaction; he further stated the Building Official would also have to review the pro- posed access. Attorney Eisen advised he will get more detail presented to the Town and proceed from there. When Mr. Leonard Bell of 2727 S. Ocean Boulevard questioned why this matter did not go to the Planning Board before it was pre- sented to the Town Commission, the Town Manager, noting they are requesting release of Unity of Title filed on this property, ad- • wised the Town Commission is the only body who can grant such release. Attorney Eisen, noting they did not know how to proceed, stated they will voluntarily submit and explain the reasons to the Planning Board; they will go before said Board. 93.6 Request for Special Exception re boat lifti davits) submitted by Delray Marine Constru Mr. Aldo Ruscito of 4229 Intracoastal Drive Mr. Howard Montgomery of Delray Marine Construction Co., repre- senting Mr. Aldo Ruscito of 4220 Intracoastal Drive, submitted a request for Special Exception re boat lifting device. Following discussion, the Commission directed Mr. Montgomery to submit an application for project review by the Planning Board. It was noted the Planning Board, at the conclusion of their advertised public hearing scheduled specifically for this matter, will for- ward their recommendations to the Town Commission. Mr. Montgomery advised he will submit the Planning Board Application for project review within the next few days. device on Co. for Town Commission Workshop Meeting Minutes May 25, 1993 . Page 3 of 8 93.7 Discussion - proposal submitted by Bill Kuntz of Tuscan Homes re development of Drexel Pro erty Mr. Bill Kuntz of Tuscan-Harvey Homes, Inc., and Architect Shane Ames of Boca Raton, presented a proposal regarding the development of the Drexel Property. Mr. Kuntz noted the five two-story (maxi- mum height) single family residences proposed for the East side property, create a 'tight' situation at the South end of the property where they get 10' into the setback; therefore, they are petitioning the Commission for relief on the front setback requirements. While the settlement stipulation for this property would permit a total of six units on the East side, the developer is proposing just five units with access to three driveways. Not- ing a rough draft of what they propose for the West side property is available, Mr. Kuntz advised whatever happens on the West side will be affected by what happens on the East side; the developer is planning to use the same models for the less than 40 single family units proposed on the West side. Following substantial deliberaton, the Commission requested Mr. Kuntz submit, as soon as possible, his written request pertaining to the setback issue along with plans, stamped and sealed by Architect Shane Ames. Commissioner Rand noted the written request should indicate the developer will have to go through the normal Advisory Board • process. It was the consensus to place this matter on the June Regular Meeting Agenda. 93.2 BOARDS AND COMMITTEES Noting there are no vacancies on any Town Advisory Boards and Com- mittees, Mayor Voress stated no correspondence was received from same. 93.3 PROPOSED ORDINANCES AND RESOLUTIONS 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. Lengthy discussion regarding the proposed resolution ensued. It was the consensus to place this matter on the June Regular Meeting Consent Agenda for consideration. MISCELLANEOUS - ITEMS LEFT OVER Status of Building Development in Town Members received and discussed the Status of Building Development • in Town, a report submitted by the Building Department. Town Commission May 25, 1993 Page 4 of 8 Workshop Meeting Minutes Minutes for approval at June 1993 Regular Meeting Minutes of the April 27, 1993 Workshop Meeting and the May 04, 1993 Regular Meeting of the Town Commission were discussed and moved to the June Regular Meeting Agenda for possible approval. REPORTS - TOWN COMMISSION Vice Mayor Bill Paul Discussion re Atlantic Ambulance Services Contract Vice Mayor Bill Paul, citing his memorandum of 5/13/93 to the Town Commission, reported it would be his desire to discuss the matter of the Atlantic Ambulance Services Contract and direct a Resolu- tion to approve said contract be prepared for consideration at the June Regular Meeting. Members reviewed and discussed the proposed contract at length. It was agreed that, while there was no objec- tion to the contract per se, some clarification was in order. It was the consensus to have a representative from the Atlantic Ambulance Service in attendance at our June Regular Meeting, at which time this matter will be an Agenda Item, to explain and clarify the contract for the Commission. Commissioner Arthur Eypel Commissioner Arthur Eypel was absent - no report. Commissioner John F. Rand Discussion re Advisory Board Members' Attendance Commissioner John F. Rand, under his report, citing his query at the April Workshop Meeting, acknowledged receipt of information regarding Advisory Board Members' Allowed Absences. The Commis- sioner, noting the Code Enforcement Board is the only Board that allows the Chairman to excuse absences with cause or prior approval, informed his colleagues this ruling does not apply to the other Advisory Boards and he requested the Commission consider a uniform regulation for all Advisory Boards. Town Attorney Sliney reminded the Commission the Code Enforcement Board is the only Board with requirements set out by the State Statutes. In the course of the deliberation, it was noted it is difficult at times to have a quorum for an Advisory Board meeting as many residents leave Town for months at a time; therefore, out of necessity, the "three absence rule" was included in the by-laws adopted for the various Town Advisory Boards. Town Commission Workshop Meeting Minutes May 25, 1993 Page 5 of 8 During the lengthy discussion, Victor Hadeed of Beach Walk East, Chairman of the Code Enforcement Board and Vice Chairman of the Financial Advisory Board, expressed his views regarding the matter and suggested leaving the rules for Advisory Boards as written in the by-laws. Mayor Voress suggested Town Staff canvass the Chair- men of the various Town Advisory Boards to determine if they are having a problem with this issue; if it is no problem, it will be left as it is written. Commissioner David Augenstein Commissioner David Augenstein, under his report, noted the owner of Town Lots 9 and 10 on the West side of AlA, having obtained necessary permits, is having the Australian Pines removed; the land will be properly filled in and appropriate landscaping will be installed. The Commissioner noted he hopes the Town will sup- port the removal of Australian Pine Trees wherever possible as such trees could be hazardous should a high wind storm hit our area (hurricane season is upon us). Mayor Arlin Voress Lead/copper testing - Scope of Work - Montgomerv Watson ~ Mayor Arlin Voress reported the U. S. Environmental Protection Agency has set July 1993 as the deadline to begin sampling of water service area with regard to the Agency's Lead and Copper Rule. Montgomery Watson, the Town's Engineers, submitted a pro- posed "Scope of Work" to assist Highland Beach in the testing of 25 homes constructed between 1983 and 1987. The Mayor, noting the Town's sewer contractor, water department, and Montgomery Watson are looking at the system in Highland Beach, advised the next Town Newsletter (September/October) and the July water billing will contain information regarding the testing, to be done in the early morning hours, which is to commence on July 1 with a second testing scheduled six months later. It was the consensus to place the Montgomery Watson proposal in the amount of $9,200. on the June Regular Meeting Consent Agenda for possible approval. Discussion re "Advise and Protection Program" proposed by Town resident John E. Ward at April Workshop Meeting The Mayor, alluding to Mr. Ward's "Advise and Protection Program" proposal at the April Workshop Meeting, noted a newspaper article regarding transportation services for area seniors was received from Mrs. Leann Novak of Ambassadors' East. It was noted there are a number of services available to area senior citizens. Following substantial discussion, with the Commissioners in agree- ment regarding Mr. Ward's proposal, Mayor Voress requested Town Attorney Sliney draft a document for consideration at the June Town Commission Workshop Meeting Minutes May 25, 1993 • Page 6 of 8 Regular Meeting to establish an 'ad hoc' committee to set some guidelines to form a group of people that will represent the transient population of the winter to determine what the needs are and how those needs can be met. Mr. Ward, seated in the audience, advised he thinks what the Commission is proposing is a good idea and he would be happy to be involved in this program. Further discussion and consideration will be given at the June Regular Meeting. Mayor Voress, noting the hurricane season begins June O1 and runs through November 30, advised a list of disaster shelters is avail- able at Town Hall. The Mayor invited one and all to the "Hurri- cane Preparedness Seminar" to be presented by the Highland Beach Police Department on June 17 at 1:00 p.m. in Town Hall. The Mayor stated he and Town Manager Mariano discussed with South Florida Water Management District representative the Boca Teeca County Club's request for a three year extension of its water use permit. The Mayor noted Boca Teeca has agreed to shut their well adjacent to the Town's wellfield; they will use surface water for irrigation. Mayor Voress reported Montgomery Watson submitted a proposal to do several things in our wellfield (i.e. a survey for top of well casing of existing wells; they propose we drill a 320' deep well to look for saltwater intrusion coning). The Mayor advised we have concluded to go with the survey of the top casing but we should not do the drilling at this time. The Mayor noted the Town was working with Montgomery Watson with regard to an emergency generator to be placed North of the Town Hall to drive the service pumps; we hoped to have the generator in place by June O1 at an inexpensive fee. We have received bid proposals ranging from $125,000. to $165,000. none of which is acceptable. Mayor Voress noted we may not have an emergency gene- rator for high service pumps and gas pump for the Police cars if we lose power during a hurricane. Mayor Voress stated Utilities Director Jack Lee is looking to pur- chase a generator on wheels that can be used to run the gas pumps for the police cars in case of an emergency. Mayor Voress advised Montgomery Watson will begin revisions for instrumentation in the Water Treatment Plant. The 'SCADA' system will be installed; data in the Water Treatment Plant will let us know what is going on in the field. The Mayor noted the Town won the challenge cup for the March of Dimes Mini-walk held on April 03, 1993. Town Commission Workshop Meeting Minutes May 25, 1993 Page 7 of 8 Mayor Voress regretfully announced the passing of Brian Williams, a 33 year old employee in the Town's Water Treatment Plant, due to brain cancer on May 17. REPORTS - TOWN ATTORNEY Town Attorney Thomas E. Sliney had no report. REPORTS - TOWN MANAGER Discussion re Agenda Report Form re Fire/Rescue Budget Transfer Members discussed the Town Manager's Agenda Report Form regarding the Fire/Rescue Budget Transfer. It was the consensus to accept the Town Manager's recommendation to place this matter on the Consent Agenda for the June Regular Meeting. Discussion re Aaenda Report Form re Bicvcle Path Patrol Recommendation Town Manager Mariano, alluding to her Agenda Report Form concern- ing Bicycle Path Patrol Recommendation, advised she met with Chief Cecere to review Minutes and Reports of the Bike Path Committee. Based on the Chief's Memo and their discussions, the Town Manager concurred a bicycle patrol would be ineffective in deterring ac- cidents on the bike path. The Town Manager noted it is a matter of courtesy which can not be mandated. Following substantial discussion regarding signage on the bike path, Town Manager Mariano requested Vice Mayor Paul, who travels the said path frequently, look to see if we need to install additional signs. Further, the Town Manager advised they will look into the suggestion to paint the posts holding the signs in a bright color to call attention to the existing postings. ADJOURNMENT There being no further business to come befor the Town Commission, upon proper MOTION, Mayor Voress adjourned the Workshop Meeting at 3:40 p.m. APPROVED : ~_~~~" ~~ ~..~ Arl n Voress, Mayor Town Commission Workshop Meeting Minutes May 25, 1993 • Page 8 of 8 B}~1 /Paul, juice Mayor Arthur Eypelfl~mmiss ~o~[n P-: /xana, comnti sinner ~._~ t,ti, David Augen ei , Commissioner ATTEST: f /Date : ~L-~., ~?~t % ~J 3 amk ,'' r~ U