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1993.05.04_TC_Minutes_Regulari •` TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, May 04, 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 and David Augenstein. Commissioner John F. Rand 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. Following roll call, the Pledge of Allegiance was given. ADOPTION OF AGENDA The Agenda was accepted, without objection, as written. APPROVAL OF MINUTES The following Town Commission Meeting Minutes were submitted for consideration: March 29, 1993 - Public Hearing/Special Meeting March 30, 1993 - Workshop Meeting April 06, 1993 - Regular Meeting MOTION by VICE MAYOR PAUL/COMMISSIONER AUGENSTEIN approving the above Minutes as written, received unanimous approval. PUBLIC COMMENTS AND REQUESTS Mr. John Ward, residing at Boca Highland, addressed the Town Com- mission regarding the possibility of organizing an "Advice and Protection Program" for benefit of the elderly widows, widowers, married couples, suffering from varying degrees of diminished mental capacity, who are no longer capable of looking after their own affairs, some of whom are in desperate need of advice and counselling. Mr. Ward, noting he would be prepared to assist in starting up such a program, stated he would like to see a volunteer organiza- tion like the 'Friends of the Library' set up a highly qualified voluntary advisory panel consisting of retired professionals (i.e. a doctor, attorney, accountant/financial advisor, banker, clergy, business administrator) who would be available to those in need of assistance. Town Commission Regular Meeting Minutes May 04, 1993 • Page 2 of 6 Mayor Voress, having discussed the matter with Mr. Ward prior to this meeting, suggested Mr. Ward make his presentation to the Commission; the Commission may look into such proposal and perhaps appoint an advisory group to study the different areas involved in this type of a program. Vice Mayor Paul requested copies of Mr. Ward's presentation be made available to the Commissioners in advance of the May Workshop Meeting at which time this matter will be on the Agenda for further discussion. Mr. Jose Echeverria of Russell Drive, head of the Highland Beach Turtle Program, reported the program's volunteers, within the last ten days, met in Boynton Beach to discuss the on-coming season. They also attended a program at FAU and Gumbo Limbo to discuss important data regarding our area. Mr. Echeverria noted representatives of the Department of Natural Resources met in Jupiter on May 1st to discuss items of interest. It was noted, within Palm Beach County, Highland Beach ranks 7th regarding total nests in our three mile beach area. Also noted was a proposal being considered in Tallahassee that would require lights out on beach areas beginning March 1st. Mr. Echeverria • stated they also discussed the waves as well as dune erosion that would effect turtle nesting. Mr. Echeverria further noted the lack of interest on the part of people regarding the hurricane season is of much concern as are high winds and tall trees; therefore, he suggested: 1) the Town consider trimming trees like Australian Pines as they are danger- ous, and, 2) alert residents the hurricane season is upon us. Chief Bill Cecere advised the Commission a 'Hurricane Preparedness Program' will be presented by the Highland Beach Police Department in the Town Commission Chambers on June 17, 1993, at 1:00 p.m. to which all are invited. Information regarding this program has been placed on Channel 12, the government information channel. Mr. Kevin McCarty, representative of Stifel, Nicolaus & Co., Inc., gave an up-date of the refinancing of the Town's General Obliga- tion Bonds. Noting everything is moving along on schedule, Mr. McCarty advised they will finish the Documents this week, the Moody rating will be received by the end of this week, they will distribute a Preliminary Official Statement on May 12, begin the sale of Bond Issue on May 17, and, schedule a Special Town Commis- sion Meeting on May 20 for approval of the Final Documents for the Bond Purchase Agreement. Town Commission Regular Meeting Minutes May 04, 1993 Page 3 of 6 • Responding to Mayor Voress' inquiry, Mr. McCarty advised they are not sure what the Moody rating will be due to the overhanging litigation. It was the consensus to schedule a Special Town Commission Meeting on Thursday, May 20, 1993, at 1:30 p.m. for the purpose of adopt- ing a Resolution authorizing the issuance of refunding bonds. Town Attorney Sliney noted it is his understanding Attorney Richard Ellington, Bond Counsel, is completing the Bond Documents which will be forwarded to the Town for review. The Town Attorney advised he assumes Attorney Ellington will be available on May 20, to answer any questions and also prepare the Bond Resolution and whatever he needs the Town Commission to approve. The Town Attorney, noting he will be unavailable for the Special Meeting, advised his partner, Cormac Conahan, who has substantial experience with Boca Raton's bond issue, will be in attendance on the May 20th Meeting regarding the Town's Bond Refinancing matter. Mayor Voress stressed the fact the Town wants and looks for the approval of its legal counsel regarding all matters of law. REPORTS - TOWN COMMISSION • Vice Mayor Bill Paul Vice Mayor Bill Paul had no report. Commissioner Arthur Eypel Commissioner Arthur Eypel, noting he requested we look into the quality of the t.v. projection in the Chambers, advised we are working with Adelphia Cable on this matter and we are heading in the right direction. Commissioner Eypel noted he is trying to find out what the white PVC numbered stakes are that were placed along the beach from the area of the Highland Towers to the vicinity of the Town Hall. The Commissioner advised he is still curious about the stakes so he contacted Bob Klinger of the DERM; Mr. Klinger had no information on the matter. Commissioner John F. Rand Commissioner John F. Rand was absent. Town Commission Regular Meeting Minutes May 04, 1993 • Page 4 of 6 Commissioner David Augenstein Commissioner David Augenstein, reporting on an accident on the bike path involving a pedestrian and a cyclist, suggested the bike path be patrolled by a Police Officer for a three hour period each morning. It was noted many inconsiderate bikers using the path do not reside in the Town. Mayor Arlin Voress Mayor Arlin Voress reported on the meeting in Tallahassee he and Mr. Leroy Pasley, a Manalapan resident, attended where, with Department of Natural Resources representatives, they discussed the new model planned for use in defining the Coastal Construction Control Line. Noting the State Legislature approved a total of $300,000.00 with a 1-1/2 year time frame to expend said funds for the new model, the Mayor stated the DNR will award the contract to Dr. Dean of the University of Florida. The Mayor, noting the entire process will take approximately one year, advised there will be a 'Review Board' to guide model development, public input will be requested (seawall photos and other specific data), and, upon completion, the model will be subjected to peer review by the coastal engineers which review will be like a two day workshop. • The Town of Highland Beach and the Coastal Community Coalition will follow the process closely. The Mayor stated they were well received and had a good discussion with the DNR. The Mayor noted the Town of Palm Beach was interested in stopping the Army Corps of Engineers' plan to dredge the Lake Worth Inlet with the sand being placed on a barge and dumped off shore. The matter was discussed with Governor Chiles who wrote to the ACE to halt their plan; the sand will be placed 10' off the beach at the South end of Palm Beach County. REPORTS - TOWN ATTORNEY Town Attorney Thomas E. Sliney acknowledged receipt of copies of documents from co-counsel George Roberts indicating dismissal of the 1985 and 1989 Drexel Litigation; that matter is now closed. REPORTS - TOWM MANAGER 1. Discussion re Delray Beach Fire/Rescue Contract and consideration of proposed Resolution approving contract Town Manager Mariano, noting the approved Delray Beach Fire/Rescue contract was discussed individually with each Commissioner, Town Commission Regular Meeting Minutes May 04, 1993 Page 5 of 6 • advised a letter clarif in the minor items y' g questioned was received from Delray Beach City Manager David Harden. In order to realize a substantial savings by getting the best prices for a fire vehicle and a rescue vehicle, the Town Manager requested the Commission consider the adoption today of a Resolution approving the Delray Beach Fire/Rescue Service contract. Following discussion, VICE MAYOR PAUL/COMMISSIONER AUGENSTEIN made a MOTION adopting a Resolution approving the Delray Beach Fire/ Rescue Service contract. The MOTION received unanimous approval. 2. Discussion re Atlantic Ambulance Transport The Town Manager noted Vice Mayor Paul will report on this matter at the May Workshop Meeting of the Town Commission. REPORTS - BOARDS AND COMMITTEES Mayor Voress noted the scheduled meetings of the various Town Advisory Boards and Committees. Noting the terms of one Code Enforcement Board Member and one Community Appearance Board Member will expire this month, the Mayor advised both Board Members are eligible for reappointment. Mayor Voress requested nominations. • COMMISSIONER AUGENSTEIN/COMMISSIONER EYPEL MOVED to reappoint Victor Hadeed to the Code Enforcement Board for a three year period. The MOTION received unanimous approval. A MOTION by VICE MAYOR PAUL/COMMISSIONER EYPEL to reappoint Doris Perrone to a three year term on the Community Appearance Board carried without objection. PROPOSED ORDINANCES AND RESOLUTIONS 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE TOWN CODE, CHAPTER 6, ENTITLED "BUILDINGS AND STRUCTURES", SECTION 6-246, ENTITLED "FIRE ALARMS, FIRE SPRINKLERS, ETC." The ordinance, given first reading on 04/06/93 and published on 04/16/93, received final reading. VICE MAYOR PAUL/COMMISSIONER AUGENSTEIN made a MOTION to adopt the ordinance. A roll call resulted in all "AYE" votes. 2. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, FLORIDA, CHAPTER 22 ENTITLED "SEWERS" SECTION 22-4 ENTITLED "BILLING PROCEDURE; DELINQUENCY"; PROVIDING FOR CODIFICATION. Town Commission Regular Meeting Minutes May 04, 1993 Page 6 of 6 The ordinance received first reading on 04/06/93 and was published on 04/16/93. A MOTION by VICE MAYOR PAUL/COMMISSIONER EYPEL to adopt the ordinance carried without objection. 3. AN ORDINANCE AMENDING THE TOWN CODE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, BY THE CREATION OF CHAPTER 31 TO BE ENTITLED "STORMWATER/NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM REQUIREMENTS", PROVIDING FOR CODIFICATION. The above ordinance, given first reading on 04/06/93 and published on 04/16/93, received final reading. Noting concerns were expressed at a previous Town Commission Meeting regarding the prohibition of chlorinated water discharging into the sewers, the Mayor advised this matter was researched and information has been received to indicate this is excluded from the regulations. VICE MAYOR PAUL/COMMISSIONER EYPEL MOVED to adopt the ordinance. The MOTION carried unanimously. REGULAR BUSINESS Items Left Over • None. Consent Agenda None. ADJOURNMENT There being no further business to come before the Town Commission at this time, Mayor Voress, upon proper MOTION by COMMISSIONER EYPEL/VICE MAYOR PAUL, adjourned the Regular Meeting of the Town Commission at 2:20 p.m. APPROVED : ~~~~ ~ .. -- r in~joress, Mayor„ (Absent) John F. Rand, Commissioner B 1 aul, V'ce yor ~ ~~(, Arthur Eyp 1, ommissi ner ~~ ~ 1e1~1 ~ David Augenste~n,/~ommi§sioner