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1993.04.06_TC_Minutes_RegularS . ' TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission ' REGULAR MEETING Tuesday, April 06, 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 at 1:30 p.m. in the Commission Chambers at Town Hall. Others present were Vice Mayor Bill Paul, Commissioners Arthur Eypel, and David Augenstein. Commissioner John F. Rand was absent. Also in attendance 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 adopted as submitted, without objection. APPROVAL OF MINUTES The following sets of Minutes were submitted for consideration: • February 23, 1993 - Workshop Meeting March 02, 1993 - Regular Meeting March 10, 1993 - Special Meeting/Canvassing Board VICE MAYOR PAUL/COMMISSIONER AUGENSTEIN MOVED to approve the above Minutes as written. The MOTION received unanimous acceptance. PUBLIC COMMENTS AND REQUESTS Mr. Jose Echeverria of Russell Drive, head of the Highland Beach Turtle Program, informed the Town Commission the first turtle nesting (Leatherback) occurred in Zone One on Saturday, April 03. It was noted the Department of Environmental Resources Management advised this was the third nesting in Palm Beach County. REPORTS - TOWN COMMISSION Vice Mayor Bill Paul Vice Mayor Bill Paul, under his report, extended thanks to all who participated in the Highland Beach March of Dimes Walk-a-thon and requested anyone with donations kindly turn same into the Committee . Town Commission Regular Meeting Minutes April 06, 1993 Page 2 of 5 Commissioner Arthur Eypel Under his report, Commissioner Arthur Eypel, noted the March of Dimes Walk-a-thon was well attended. The Commissioner questioned the status of a vacant structure at the South end of Town, across from Boca Highlands, that has been condemned. Town Manager Mariano advised the question of ownership on said property has been determined and a "Notice of Violation" has been issued by the Code Enforcement Officer. Commissioner David Augenstein Commissioner David Augenstein had no report; however, alluding to comments regarding the Walk-a-thon, he noted he would be looking for volunteers to help with the task of cutting up a bushel of oranges for next year's event. Commissioner John F. Rand Commissioner John F. Rand was absent. Mayor Arlin Voress • Under his report, Mayor Arlin Voress echoed the comments of his colleagues regarding the Town's March of Dimes Walk-a-thon. The Mayor noted T-shirts with the Town Seal are on sale at Town Hall at $10.00 each or 3 for $25.00. Monies from T-shirts sold this month will be added to the donations collected this month. Mayor Voress advised the Town is looking into improving the system for televising the Town Commission Meetings. The Mayor, alluding to the Town Manager and his arrest at last week's Workshop Meeting by Sheriff's Deputies on behalf of the American Cancer Society Jail and Bail Fund Raiser, noted they raised a total of $2,280 for that worthy cause. Mayor Voress announced representatives from Congressman E. Clay Shaw's office will be at Town Hall on Thursday, April 08, between 9:30 a.m and 12:00 noon to meet with area residents. It will be an open meeting at which they will discuss what is going on in Congress and address whatever concerns area residents may have. All are invited to attend said meeting. Town Commission Regular Meeting Minutes July 06, 1993 Page 3 of 5 REPORTS - TOWN ATTORNEY Town Attorney Thomas Sliney reported he is working with Drexel's Attorney, Brian Deuschle, and the Town's Co-counsel, Rusty Roberts, in following up on necessary documents regarding the Drexel Law Suit. It was noted the Settlement Agreement was signed by all interested parties. The Town Attorney advised Town Manager Mariano and he attended the Palm Beach County Commission Meeting this morning where approval was granted, by a vote of 7 to 0, to allow the Town to opt out of the Palm Beach County Fire/Rescue contract effective 10/01/93. REPORTS - TOWN MANAGER Town Manager Mariano reported the Town is awaiting a letter from the County verifying the action taken at the County Commission Meeting this date. The Town Manager advised she will be asking Delray Beach City Manager David Harden to finalize their contract and have it approved by their City Council before it is submitted to our Town Commission. The Town Manager acknowledged receipt of a news release from the • City of Delray Beach indicating they have been awarded a Class 3 Public Protection Classification by the Insurance Services Office as a result of improvements to their City's Fire Defense System. It was noted once the Town signs on with Delray Beach Fire/Rescue Service, Town residents should advise their insurance carriers as the Class 3 Classification should reflect a reduction in insurance rates for our citizens. Town Manager Mariano thanked all who assisted with contributions to have the Mayor and Town Manager released from the American Cancer Society Jail last Tuesday (March 30). The Town Manager also extended thanks to all who volunteered and came out on Saturday (April 03) to participate in the March of Dimes Walk-a- thon in Highland Beach. REPORTS - BOARDS AND COMMITTEES Mayor Voress, citing the scheduled meetings of the various Town Advisory Boards, noted a vacancy exists on the Code Enforcement Board. At this time, COMMISSIONER EYPEL NOMINATED Russell Richardson, who is qualified for the position, to a three year term on the Code Enforcement Board. No other nominations were forthcoming. VICE MAYOR PAUL SECONDED the NOMINATION which received unanimous approval. • Town Commission Regular Meeting Minutes April 06, 1993 • Page 4 of 5 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." will place the responsibility of testing fire alarm systems on the property owner. This matter will be included on the April Work- shop Meeting Agenda for further discussion. The proposed ordinance received first reading, by title only, by the Town Clerk. During discussion, it was noted this ordinance 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. The above proposed ordinance was given first reading by the Town Clerk, by title only. It was noted this section is being amended to coincide with the "Water" billing procedure. Following much discussion regarding the $50,00 service charge, the Town Manager and Town Attorney advised they will review the service charge matter in advance of the April Workshop Meeting as this ordinance will be on the Agenda for further discussion. 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 proposed ordinance received first reading, by title only, by the Town Clerk. It was noted the NPDES is a federal law under the Clean Water Act that requires our stormwater system come in compliance with this Act and the new chapter would reflect said requirements. During discussion of Section 1.3, it was noted 'dechlorinated swimming pool contributions' would be included in with discharges exempt from general prohibition. It was the consensus that the definition of the term 'dechlorinated swimming pool contributions' needs to be looked into. In the course of discussion of sections pertaining to Civil and Criminal Penalties, it was noted the daily maximum penalties that may be enforced are part of the Environmental Protection Agency Standards and Penalties. • Town Commission April 06, 1993 Page 5 of 5 Regular Meeting Minutes 4. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING RESOLUTIONS NO. 569 AND 592 REGARDING THE APPOINTMENTS OF REGULAR AND ALTERNATE REPRESENTATIVES TO THE PALM BEACH COUNTYWIDE BEACHES AND SHORES COUNCIL. The above Resolution appointing Commissioner Arthur Eypel and Ms. Jane Rayner as the Town's Regular and Alternate Representatives to the Palm Beach Countywide Beaches and Shores Council was adopted without objection upon MOTION by VICE MAYOR PAUL/COMMISSIONER AUGENSTEIN. REGULAR BUSINESS Items Left Over None Consent Agenda 1. Approval re Bond Refinancing by Stifel, Nicolas & Company, Inc. The Consent Agenda approving the Bond Refinancing proposal of • Stifel, Nicolas & Company, Inc., dated March 11, 1993, was accepted without objection upon MOTION by VICE MAYOR PAUL/ COMMISSIONER EYPEL. ADJOURNMENT There being no further business to come before the Town Commission at this time, upon MOTION by COMMISSIONER AUGENSTEIN/VICE MAYOR PAUL, Mayor Voress adjourned the Regular Meeting at 2:05 p.m. APPROVAL : ~-~~f~ r- Arlin Voress, Mayer vice Arthur ~ypel,~~ommissioner John F. l~nd,(~Commissidner David Augenstein, ~gmmissi