1993.05.04_TC_Minutes_Regulari
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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