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1993.03.29_TC_Minutes_Specialf TOWN OF HIGHLAND BEACH, FLORIDA • Meeting of Minutes of Town Commission PUBLIC HEARING/SPECIAL MEETING Monday, March 29, 1993 9:00 a.m. Mayor Arlin Voress called the advertised Public Hearing/Special Meeting of the Town Commission of the Town of Highland Beach, Florida, to order in the Commission Chambers at Town Hall at 9:00 a.m. Others present were Vice Mayor Bill Paul, Commissioners Arthur Eypel, John F. Rand, and David Augenstein. Also in attendance were Attorney George Roberts, representing the Town's Insurance Carrier, Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Town Clerk Anne M. Kowals, and members of the general public. Representing Drexel Investments, Inc., at this meeting were its President Stephen G. Mehallis, Vice President Gordon W. Latz, and Attorney Brian Deuschle. Following roll call, Mayor Voress noted this advertised Public Hearing/Special Meeting was set for the purpose of discussing: 1. A RESOLUTION APPROVING SETTLEMENT AGREEMENT BETWEEN THE . TOWN OF HIGHLAND BEACH AND DREXEL INVESTMENTS, INC., REGARDING THOSE CERTAIN PARCELS OF PROPERTY LOCATED DIRECTLY NORTH OF THE HIGHLAND BEACH TOWN HALL ON THE EAST AND WEST SIDES OF STATE ROUTE A-1-A AND DESCRIBED AS TOWN LOTS 76 AND 77 EAST (OCEAN PARCEL) AND LOTS 76-80 WEST (INTRACOASTAL PARCEL) 2. AN ALTERNATE FIRE/RESCUE SERVICE FOR THE TOWN The Mayor advised, following discussion of the first agenda item, a brief recess will be called to allow signing of the proper docu- ments should the Commission adopt the Resolution approving the Settlement Agreement; the meeting will then be reconvened to address the second agenda item regarding an alternate Fire/Rescue Service for the Town. Mayor Voress noted the settlement document represents what the attorneys for the Town and Drexel believe is a position acceptable to both parties. Town Attorney Sliney noted he was advised in writing by Attorney Deuschle that Drexel Investments, Inc., is the only owner of the property under discussion and Case Numbers CL 89 11700 AP and 85 4341 CA(L) are the only pending litigation between both parties; the eminent domain case is closed--it is not an issue. v s U Town Commission Public Hearing/Special Meeting Minutes March 29, 1993 Page 2 of 8 During discussion of the settlement agreement, it was noted para- graph 7 deals with the Town processing a permit for clearing the property (once the agreement is signed); however, the permit will not be given to Drexel until all matters are taken care of and all documents are in place. Attorney Sliney, outlining the format for this meeting, advised the Commission will discuss the agreement; the public will be invited to comment; Drexel representatives will comment; consider- ation will be given for adoption of the Resolution approving the settlement agreement. Should said Resolution approving the settlement agreement be adopted, the meeting will be recessed for the purpose of having the documents signed by appropriate parties. At this time, having no comments from the Commissioners regarding the settlement agreement, The Mayor invited public comments. In response to a query from resident Leonard Bell of 2727 South Ocean Boulevard, Town Attorney Sliney advised any developer of this property will process plans through the appropriate Town Advisory Boards; however, their rights will be governed by the settlement agreement under consideration this date. The Town Attorney noted the property is the large parcel of land North of the Town Hall complex on the East and West sides of State Route A-1-A which has been in litigation, off and on, for some 20 years. The property was zoned for high-density that will now be reduced whereby the West side can be developed at a maximum of 200 units while the East side will have a maximum of 6 units. The present zoning designation of multi-family will remain but the property will be developed at a considerably lesser density. Upon questioning by Mr. Victor Hadeed of 3201 South Ocean Boulevard, Town Attorney Sliney stated the maximum height on the West side property would be 12 stories with a maximum height of 4 stories on the East side. Following brief discussion of the Resolution approving the settle- ment agreement, Section 4 was amended to include "of the Town Code of Ordinances" at the end of said paragraph. Town Attorney Sliney noted when the Town does the regulatory and mandatory cycle, the Comprehensive Plan will be amended to conform to this settlement agreement; this matter will be included in the next review cycle pursuant to Section 3 of the Resolution approv- ing this agreement. n U r Town Commission Public Hearing/Special Hearing Minutes March 29, 1993 • Page 3 of 8 In response to Seagate resident Mr. Felix Goldenson's inquiry regarding the monetary factor of said settlement agreement, Attorney Sliney advised the Town's insurance carrier will pay the sum of $25,000. to Drexel Investments, Inc. At this time, VICE MAYOR PAUL/COMMISSIONER RAND proposed a MOTION to adopt the Resolution approving the settlement agreement. A roll call vote resulted with "AYE" votes cast by each Member of the Town Commission. Mayor Voress recessed the advertised Public Hearing/Special Meet- ing at 9:25 a.m. to have necessary documents signed by appropriate parties. At approximately 9:45 a.m. Mayor Voress reconvened this Special Meeting and asked if any Commissioners had comments regarding the settlement agreement. Commissioner Rand commented "he thinks this is a shinning example of what can be accomplished when two parties involved in a liti- gious matter are willing to communicate and be reasonable; it is also a classic illustration as well that this Commission is always prepared to consider a settlement and not bury its head in the • sand as recent political campaign propaganda would have one believe; and, is delighted the Commission was able to reach this stage and rid ourselves of a long, drawn out costly process." At this point, Mayor Voress, noting the matter of an alternate Fire/Rescue service for the Town will be addressed, requested Town Manager Mariano give a status report on the matter. Town Manager Mariano advised the Town received a draft proposal from the City of Delray Beach regarding Fire/Rescue Service which is a very lucrative agreement for the Town of Highland Beach and the City of Delray Beach for a service that will be equal to what we now receive from the County and the second response will be better than that provided by the County. The Town Manager stated she sees no snags in pursuing the contract with Delray Beach. Noting the Town is tied to a long, drawn out, opt out provision with the Palm Beach County Board of County Commissioners which normally is 16 month, the Town Manager advised it is indicated that if the Town advises the Board by April 1st, as they begin their budget process, they will allow the Town to opt out of the Fire/Rescue contract as of October 1, 1993. • e Town Commission Public Hearing/Special Meeting Minutes March 29, 1993 Page 4 of 8 Town Manager Mariano stated, following discussion of the matter, she would like to get a Motion directing her to write Palm Beach County to request the Town be allowed to terminate its contract as of October 1, 1993; as of that date, all monetary obligations to the County will cease. The Town Manager, noting each Commissioner has seen the flavor of the Delray Agreement, stated the Town Attorney and she will review same and suggest recommendations regarding specific language; however, it does not appear there are any big items that would be considered 'deal breakers'--it is merely a matter of getting the language down to what the Town would request. When each Commis- sioner is comfortable with the agreement being something the Town can live with, Delray City Manager Harden will be requested to put the agreement in final form with the amended language, have his Council approve said agreement thereby making it a formal offer to the Town that passed through Delray's Council. Following that process, our Town would then sign the agreement. The Town Attorney explained a Motion today would be to direct the Town Manager write the County Board of Commissioners to request permission for the Town of Highland Beach to opt out of the Palm Beach County Fire/Rescue Contract by 10/01/93 with this matter being placed on the County's next Regular Meeting Agenda after which the County would submit written verification from said meet- ing that the County Board of Commissioners granted our request. The second Motion would be for the Town Commission to direct the Town Manager to continue negotiations with the City of Delray Beach. In response to a query, it was noted Chief Brice of Palm Beach County Fire/Rescue prepared his preliminary budget anticipating the Town of Highland Beach will not be in the system and County Commissioner McCarty, aware a request from the Town to opt out of the County contract was forthcoming, indicated she will not have this matter go through the normal process but will include it on the County Commission's April 6th Meeting Agenda inasmuch as it is important for us to have the County's approval to opt out of its contract prior to entering into an agreement with Delray, the Town Manager advised should some 'snag' occur that would prevent the Town from signing the Delray Fire/Rescue agreement after the Town opts out of the Palm Beach County contract, the County will not remove its vehicles from the Town -- everything will remain in place and the County will just bill the Town for the service. Town Commission Public Hearing/Special Meeting Minutes March 29, 1993 • Page 5 of 8 COMMISSIONER RAND made a MOTION for the Commission to approve the Town Manager's recommendation that she be requested to inform the Palm Beach County Commissioners we intent to opt out of the present contract with them effective October 01, 1993, and that we request a confirmation, in writing, from them that they agree. COMMISSIONER EYPEL SECONDED the MOTION. At the suggestion of Mayor Voress, the proposed MOTION was amended to include the following language recommended by Town Attorney Sliney: "The Town requests the County Commission schedule this matter for consideration at their earliest meeting". COMMISSIONER RAND and COMMISSIONER EYPEL accepted the amendment to the original MOTION. The MOTION, as amended, received unanimous approval. Commissioner Rand noted he is totally in favor of this agreement as the Town will be saving between $450,000/500,000 annually. It was noted the cost amount will be shown as a schedule attached to the agreement. Substantial discussion regarding the proposed Delray Fire/Rescue Agreement ensued. The Town Manager advised the contract will go back to each Commissioner to determine the logistics of how the Town wants to do the Fire/Rescue Service (i.e. the task force is recommending the Town should own the trucks). There are items in the proposal that are to be determined by the Town. Town Attorney Sliney, alluding to Commissioner Rand's query rela- tive to the time frame addressed in paragraph 23, advised the Town could indicate 'notice of intent to terminate the agreement' should be given at least one year, rather than six months, prior to the end of any twelve month period which commences on 10/1 and terminates on 9/30 of the subsequent year. Regarding paragraphs 19 and 19 (a), Town Manager Mariano noted the Financial Advisory Board will look into the matter of financing as well as purchasing a fire truck/emergency vehicle; the F.A.B. will submit a report to the Commission as they will research the terms of bonds, lease purchase agreements, and how the Town should proceed with this matter. Commissioner Augenstein noted if we get clarification on the items Commissioner Rand alluded to and on the 'transitional expense', the Town could go ahead with the Delray proposal. Responding to Commissioner Augenstein's comment regarding clarifi- cation of the 'transitional expense', the Town Manager advised her recommendation is to pay said costs this year so as to get a 'true' figure for Fire/Rescue Services for next year's budget. Town Commission Public Hearing/Special Meeting Minutes March 29, 1993 • Page 6 of 8 Commissioner Eypel, noting he is in agreement with the basis of this contract and he concurs with Commissioner Rand's observa- tions, requested clarification regarding paragraphs 4 (a) and 4 (b) which indicates the senior fire official in Delray makes a determination that, if the equipment is need some where in their system, that equipment will go there. The Town Manager advised that is exactly what we have in the present contract with Palm Beach County and that particular condition is actually an enhance- ment to both systems. Town Manager Mariano noted she feels our equipment will not go North of Linton Boulevard as Delray has the Atlantic Avenue Station that also responds to emergencies. It was further noted Delray has the Fire/Rescue Administrator and whoever is on duty has the call to get the equipment where it is needed most. While our equipment will be marked "Town of Highland Beach", it will also indicate the City of Delray Beach somewhere on the vehicle. Vice Mayor Paul stated his understanding is that if there is a serious emergency in Delray Beach, then Boca would respond to our emergency as we have a Mutual Aid Agreement with that City. Regarding the dispatching of vehicles to emergencies, it was noted there is a central office where the computer is programmed to determine what type of a call it is (i.e. police call would go to Highland Beach Police Department; a fire call now goes to Palm Beach County Fire/Rescue, etc.) After October O1, the fire call will amount to one relay as it will not go to the County; there will be no second relay required. Responding to Commissioner Rand's query regarding the requirement of a paramedic having to accompany a patient to the hospital in the Atlantic Ambulance with our ambulance following in order to return the accompanying paramedic to Town, the Town Manager advised that is a County requirement and the County still governs the Certificate of Necessities for the ambulance providers. Town Manager Mariano noted Delray may, in the future, look to apply to the County for a 'Certificat of Necessity' that would qualify them to transport individuals to medical facilities. Following much discussion, COMMISSIONER RAND MOVED to have the Town Commission instruct the Town Manager to proceed with the preparation and execution of this contract and that she be allowed to consult with our Town Attorney or any other consultant she might need for this purpose. ~J Town Commission Public Hearing/Special Meeting Minutes March 29, 1993 Page 7 of 8 Town Manager Mariano, noting a MOTION to execute the contract at this time is not necessary as said contract has to come back to the Commission, requested the MOTION be amended by replacing 'execution' with 'development'. Commissioner Rand amended his original MOTION by adding "to continue negotiations with respect to the execution of this contract at which time it will come back to the Town Commission for review and execution." COMMISSIONER AUGENSTEIN SECONDED the MOTION which was adopted without objection. Inasmuch as Mr. Felix Goldenson of Seagate was in the audience, Town Manager Mariano advised the Delray Fire/Service Agreement requires that all buildings do comply with the Palm Beach County Ordinances (fire sprinklers). Mr. Goldenson advised Seagate will be in compliance in early June. Commissioner Rand, noting he assumes the final agreement will not require any referendum with voting residents in Town inasmuch as the service has been provided previously by referendum, asked the Town Attorney felt if this agreement, especially considering the purchase of new equipment, etc., would require a referendum. Citing Ordinance No. 605, the Town Attorney advised a referendum would be required if the Town were buying all of the equipment in one fiscal year and the cost would be in the range of $700,000; however, with the Town financing the capital purchase over a number of fiscal years bringing the capital expenditures way below the $350,000 in a fiscal year, no referendum would be required. Vice Mayor Paul noted he interprets this matter as the Town continuing the service; the Town is merely changing vendors--we are buying the service from some one other than Palm Beach County. As there were no further comments forthcoming, a MOTION by VICE MAYOR PAUL/COMMISSIONER RAND MOVED to adjourn was accepted without objection. Mayor Voress adjourned the advertised Public Hearing! Special Meeting at 10:35 a.m. APPROVED • ~,--°~ ~- - Arlin oress, Ma r -- G~ ~ Bill Paul, Vice Mayor Town Commission Public Hearing/Special Meeting Minutes March 29, 1993 Page 8 of 8 Arthur Eypel, i sinner r' / ~ ~- aQ Rani, Co issioner Augeri"ste,(i~i, Commissioner AT S~: T n Clerk Date : ~~ ~-t- ~ ~ amk •