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1995.12.05_TC_Minutes_Regular . TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Tuesday, December 05, 1995 1.30 P M Mayor Arlin G. Voress called the Regular Meeting to order in Commission Chambers at 1:30 P.M. Town Clerk Doris Trinley called the roll. The Mayor, Vice Mayor Bill Paul, and Commissioners David Augenstein and John F. Rand were present. Commissioner Arthur Eypel was absent. Town Attorney Thomas E. Sliney and Town Manager Mary Ann Mariano were also present, as were members of the general public. The Pledge of Allegiance was given following roll call. ADOPTION OF AGENDA The Agenda was amended to include consideration of a Resolution endorsing the Palm Beach County Graffiti Eradication Program, and unanimously adopted upon MOTION by COMMISSIONER AUGENSTEIN/VICE • MAYOR PAUL. APPROVAL OF MINUTES The Minutes of the November 07, 1995 Regular Meeting were unanimously approved. PUBLIC COMMENTS AND REQUESTS Frances Visco, who had appeared before the Commission at the November 28 Workshop Meeting, addressed the members again, requesting permission to display a "Rooms for Rent" sign at the Seacliff Motel, 3511 S. Ocean Boulevard. Mrs. Visco contended that the new real estate sign regulations, in addition to construction taking place on the south side of the Seacliff property, had prevented her from renting out any rooms since last July. In accordance with provisions of "ex parte communications" legislation, Commissioner David Augenstein advised .that, at her request, he had spoken with Mrs. Visco by phone and during the conversation had only reiterated what she had been advised by the Commission at the November 28 Workshop Meeting, i.e., that although her request would be taken under advisement, no other complaints of this kind had been received. After some discussion, Mrs. Visco was advised that granting this request would necessitate an amendment to the sign ordinance, which the Commission was not inclined to do. Mrs. Visco was further advised by the Town Attorney that the sign ordinance was one of • Town Commission Regular Meeting - Minutes December 05, 1995 Page 2 of 4 general application, not enacted for or against any individual(s). In conclusion, it was suggested that, meeting all code requirements, Mrs. Visco consider using a "For Rent by Owner" sign. REPORTS - TOWN COMMISSION Vice Mayor Bill Paul asked that residents again be reminded of restrictions regarding trash pick-up, particularly as to when it can be placed curbside. He noted that some residences have trash put out a few days before a scheduled pick-up, some in an unsightly manner, instead of the stipulated 6 PM the day before. Police Chief Cervasio said that the police do notify offenders by means of a "door hanger" notice, and he will continue to monitor the situation closely. Ms. Mariano suggested that perhaps in some instances it was time to go to the next step and issue a Notice of Violation and, if necessary a Citation. Commissioner John F. Rand had no report; Commissioner David Augenstein advised his report had been given under Public Comments and Requests (Visco). Mayor Arlin Voress referred to a letter received from Palm Beach • County Commissioner Mary Mc Carty regarding opening the third lanes of the Linton Avenue Bridge, in which it was advised that at this time the County Engineer proposed to open only the third lane westbound (north), leaving the concrete barrier in place eastbound (south), to accommodate two lanes only. After some discussion, a Motion to approve this action met with majority favorable vote. Vice Mayor Paul dissented, saying he was not in favor of any action that would increase in-Town traffic on AlA, which could possibly lead to a Department of Transportation decision to widen AlA. Ms. Mariano was asked to notify Commissioner McCarty of the Commission's approval. REPORTS - TOWN ATTORNEY Town Attorney Thomas E. Sliney reported that a copy of the cancelled promissory note re "Hidden Harbor" had been received from the Town's bond counsel, with the original copy being made available to the Town for their records in the near future. Substantial discussion then took place regarding the Articles of Incorporation for the Highland Beach Library Foundation, with exception being taken by the Mayor and Commissioner Rand about language contained in Article III (Purposes) and Article VI (Dissolution). Advising that such was "IRS language," Attorney Sliney said he would nonetheless present their suggested changes to his colleague, Kevin Ross, who had drafted the Articles, for incorporation therein. x Town Commission Regular Meeting - Minutes December 05, 1995 Paae 3 of 4 Under her report, Town Manager Mary Ann Mariano explained that while budget transfers under consideration by the Commission at this meeting would have ordinarily first been reviewed by the Financial Advisory Board, that Board was not scheduled to meet again until December 6, and it was imperative that the transfers be approved in order to balance the 1994/1995 fiscal year budget, as required by law. After some discussion, upon MOTION by VICE MAYOR PAUL/COMMISSIONER RAND, the Commission voted unanimously to approve the transfers. Ms. Mariano noted Town Clerk Doris Trinley had completed the academic requirements toward municipal clerk certification. She also reminded all of Government Open House to be held on Thursday, December 7. REPORTS - BOARDS AND COMMITTEES Mayor Voress noted two (2) vacancies on the Board of Adjustment, with Neil Burd being eligible for reappointment and Jane Rayner's 6-year term completed. Mr. Burd was unanimously reappointed, and Judge James F. Niehoff was appointed to a 3-year term. On behalf of the Commission, the Mayor also extended thanks to both Mrs. • Rayner and Mr. Burd for their exemplary service to the Town. The Board Action Report for November was received as information; Board Meetings for the month of December were noted for the record, PROPOSED ORDINANCES AND RESOLUTIONS The following Ordinance, relating to the previously mentioned budget transfers, was given first reading by title only: AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING ORDINANCE NO. 642, WHICH APPROPRIATED FUNDS FOR FISCAL YEAR 1994 WHICH BEGAN OCTOBER 1, 1994 AND ENDED SEPTEMBER 30, 1995. The following Resolution was unanimously adopted upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER RAND: A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ENDORSING A POLICY OF ZERO TOLERANCE FOR GRAFFITI; FURTHER ENDORSING THE GRAFFITI ERADICATION PROGRAM; REQUESTING THE CRIMINAL JUSTICE COMMISSION TO COORDINATE THE IMPLEMENTATION OF THE PROGRAM; REQUESTING ACTIVE PARTICIPATION FROM ALL MUNICIPALITIES WITHIN PALM BEACH COUNTY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. REGULAR BUSINESS Under Regular Business, there were no Items Left Over. There were two (2) items on the Consent Agenda: (1) filing of the Articles of Town Commission Regular Meeting - Minutes December 05, 1995 Page 4 of 4 Incorporation for the Highland Beach Library Foundation and (2) installation of eight (8) low wattage lights on the Bel Lido Bridge. Both items were unanimously approved upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER RAND. There being no further business to come before the Commission at this time, Mayor Voress adjourned the Regular Meeting at 2:20 P.M. upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER RAND. dmt Arlin G. Voress, Ma or ~'' / ~'"~ ill Paul, Vice Mayor ~~ ~'~ _~w Ss ~. i ~.. David Augenstein ~ ommissioner -ABSENT- Arthur Eypel, Commissioner . Rand, Commissioner ATTEST: ~; DATE : !~ a ~ F S ~