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1995.08.04_TC_Minutes_Regulart ~, TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING Friday, August 04, 1995 9:00 A.M. Mayor Arlin G. Voress call the Regular Meeting to order at 9:00 A.M. in Town Commission Chambers. For the record, Mayor Voress noted this Regular Meeting was originally scheduled for Tuesday, August O1, 1995 at 1:30 P.M., its usual date (first Tuesday of the month) and time; however, because Town facilities were closed due to the threat of Hurricane Erin, it had been rescheduled for this date and time. Town-Clerk Doris Trinley called the roll. The Mayor, Vice Mayor Bill Paul, and Commissioners Arthur Eypel, David Augenstein and John F. Rand were present. Town Manager Mary Ann Mariano, Town Attorney Thomas E. Sliney were also present, as were members of the general public. Following roll call, the Pledge of Allegiance was given. ADOPTION OF AGENDA • The Agenda was amended to include continued discussion regarding the proposed Library Foundation after Public Comments and Requests. APPROVAL OF MINUTES Three (3) sets of Minutes were unanimously approved: June 27, 1995 - Workshop Meeting July 05, 1995 - Regular Meeting July 11, 1995 - Special Meeting (as amended) PUBLIC COMMENTS AND REQUESTS None. DISCUSSION RE LIBRARY FOUNDATION Discussion regarding the Library Foundation resulted in a consensus as follows: .The Board of Directors will consist of nine (9) members. .The two (2) designated members will be the Library Director and the President of the Friends of the Library or his/her designee. The designated members do not refer to a specific person, but rather whomever holds these positions at any given time. .The remaining seven (7) will be at-large members. r Town Commission Regular Meeting - Minutes August 04, 1995 Paae 2 of 7 .The Town Commission will have no veto power over the selection of the Directors. .No member of the Town Commission will serve as a member of the Board of Directors. .Terms will be staggered for the seven (7) at-large members, i . e . , initial appointments of three ( 3 ) for one (1) year; two (2) for two (2) years; two (2) for three (3) years. The term following initial appointment for all seven ( 7 ) will be three ( 3 ) years . .To start, at least, there will be no term limits. .There will be no monetary compensation for the members; however, verified out-of-pocket expenses will be allowed upon approval by the Board of Directors. Attorney Sliney said he would incorporate these points and submit for review in advance of the August Workshop. For the record, COMMISSIONER AUGENSTEIN/COMMISSIONER RAND MOVED to formally establish a Highland Beach Library Foundation, which was unanimously approved. Further, per COMMISSIONER AUGENSTEIN'S suggestion, MOTION was made by he and COMMISSIONER RAND to • establish an interim ad hoc committee of three (3) to work with the Town Attorney and Town Manager for start-up purposes. This Motion also met with unanimous approval. REPORTS - TOWN COMMISSION Under his report, Vice Mayor Bill Paul spoke to the inconvenience of the meeting being scheduled for this time of day, saying he had to cancel a physical therapy session in order to attend. Referring to the several dates and times he had been advised the meeting would be held before this date and time were finally set, Vice Mayor said he also had to cancel and rearrange other important medical appointments as he received notification of each succeeding change in date and time. He asked what the policy was in regard to rescheduling a Town Commission meeting and why this meeting was rescheduled so many times. Mayor Voress explained that because the agenda for this meeting had to deal with very important matters, including the proposed Bond Reimbursement Ordinance, it was pertinent that it be held at a time when all Commission members were available to attend. Commissioner Rand then noted that it was originally scheduled for Thursday, August 3 at 1:30 P.M., but Attorney Charles F. Schoech (Town's counsel re Bond issue) would be unable to attend due to a previous commitment. In turn, Town Attorney Sliney said that Mr. Schoech had indicated he would try to attend, but because Mr. Schoech had a 2:30 P.M. appointment in the north part of the county and this meeting was expected to be lengthy, it was Mr. Sliney's decision to seek another date when Mr. Schoech could be present for the meeting's entirety. Town Commission Regular Meeting - Minutes August 04, 1995 Page 3 of 7 The Mayor then reiterated the importance of all involved parties being available to attend; Vice Mayor agreed, but asked why the meeting was switched to 9:00 A.M. from 1:30 P.M. this date. Mayor Voress responded that one of the Commissioners was unavailable for the afternoon time. Vice Mayor Paul replied that initially he, too, was unavailable for an afternoon meeting because of a hard to come by and long-standing doctor's appointment; however, it was cancelled so he could attend the meeting. Having had to give up that appointment, Vice Mayor Paul expressed his resentment at having-had to give up his physical therapy session as well. Commissioner Arthur Eypel commended the Administration and all appropriate Town Departments for their professional and timely response to the emergency conditions created by the threat of Hurricane Erin. He noted the Town's policy of mandatory evacuation when a hurricane "warning" goes into effect and said that while he was pleased most residents heeded the order to evacuate, it should be noted that the Town has no liability to those who did not, or will not in the future, leave Town when a hurricane "warning" is issued. He also commended the Town's hurricane booklet, "Pearls of Survival," saying this near-miss allowed the information contained • therein a "dry run." As the Town's representative on the Beaches and Shores Council, Commissioner Eypel next asked for favorable consideration of a resolution he had asked to be put on the agenda, which opposes changes to the tourist development tax allocation that would result in a reduction in funding for the beach improvement program, as well as an annual cap on those funds. Mayor Voress added that he had learned at a Mayor's meeting this morning with County Commissioner Mary McCarty that beachfront communities up and down the coast planned to support the resolution. Upon completion of discussion the resolution was unanimously adopted and copies will be transmitted to the Board of County Commissioners, as well as copy to the Beaches & Shores council. Concluding his report, Commissioner Eypel referred to the financial discussion which took place at the July 25 Workshop Meeting. He said that while he enjoyed seeing grass roots government at .work, in the future he would appreciate having pertinent materials available to the Commission for review well in advance of the start of a meeting wherein one of the Commission members intended to address a complex matter. Commissioner John F. Rand asked that the Commission consider at this time his suggestion that the millage rate cap in the Charter be changed from 5 mills to 10 mils to be consistent with State law, • and asked for a consensus in order that the Town Attorney might be directed to effect such change by drafting an ordinance to repeal that section of the Charter. He said he did not see the point of having 5 mils as a cap when the State law allows a 10 mil cap. • Town Commission Regular Meeting - Minutes August 04, 1995 Paae 4 of 7 Substantial discussion took place regarding the Commissioner's suggestion. In conclusion there was no consensus to amend the Charter to reflect a 10 mil cap, with Vice Mayor Paul and Commissioners Augenstein and Eypel giving their reasons why they were not in favor of this action. Ms. Mariano offered that should circumstances warrant such change, because the mil cap could be adjusted by ordinance - which would take at least 30 days to effect, including readings and publication - she didn't see where doing it now or doing it when and if actually needed, would make a difference. Commissioner David Augenstein underscored Commissioner Eypel's remarks regarding the Town's evacuation notice under a hurricane "warning." However, he advised that the in-house TV channel in his condominium (Braemar Isle) carried the message that evacuation was not mandatory, and suggested this conflict between individual condominiums and the Town be resolved by a single policy. Ms. Mariano responded by first saying that a copy of the Commission-funded "Pearls of Survival," which details preparedness measures to be taken by residents and the Town at various stages • during the course of an oncoming hurricane, was previously distributed to every unit owner in Town. However, she added that regardless of this fact, the. Town has no jurisdiction over how an individual condominium manager will handle an evacuation of a building. The Town Manager spoke to the need of each building having its own policy of how to proceed when a "warning" is issued. Noting that the National Hurricane Center had ignored their own guidelines by not calling a "watch" first, Ms. Mariano said that after she had the Police Department verify with the County that the Delray Beach Fire/Rescue notification of a "warning" was correct, the Town had no choice but to follow through with its policy regarding mandatory evacuation when a "warning" was issued. Town Attorney Sliney agreed with Ms. Mariano's remarks. At Mayor Voress' suggestion, Ms. Mariano said she would contact Jere Smingler, President of the Condominium Managers Association, to suggest a meeting of the .condo managers wherein they might review what happened this time and also formulate some general guidelines to follow regarding individual building evacuation in the future. In the interest of time, Mayor Arlin Voress deferred his report. REPORTS - TOWN ATTORNEY Under his report, Town Attorney Thomas E. Sliney first addressed the proposed lease for the southeast 100'x100' piece of the Drexel property, immediately north of the fire station, to accommodate modular housing for the police and paramedics during the rebuilding of the fire station. Regarding land clearance, it was noted that • Town Commission Regular Meeting - Minutes August 04, 1995 Page 5 of 7 the Town would only absorb the cost for the 100'x100' portion. Concluding discussion, and upon MOTION by COMMISSIONER AUGENSTEIN/ COMMISSIONER EYPEL, followed by unanimous favorable vote, the Town Manager and Town Attorney were directed to finalize the lease with Drexel. Regarding the bond issue, Attorney Sliney said he had reviewed the agreement letters with Attorney Charles F. Schoech (Issuer's Counsel) and Attorney Mark E. Raymond (Bond Counsel). He advised each was in order and ready to be executed by Mayor Voress. REPORTS - TOWN MANAGER Town Manager Mary Ann Mariano advised that items under her report had previously been addressed or would be under other agenda items . REPORTS - BOARDS & COMMITTEES The Board Action Report for the month of July was accepted as information, followed by Mayor Voress' announcing various Board meetings for the month of August. PROPOSED ORDINANCES & RESOLUTIONS Under proposed ordinances, the following actions took place: (1) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING SECTION 6.01 IN ITS ENTIRETY AND REPEALING SECTIONS 6.02, 6.03, 6.04 AND 6.05 OF THE TOWN CHARTER UNDER ARTICLE VI ENTITLED "BONDS" AS ADOPTED IN ORDINANCE NO. 636; AND PROVIDING AN EFFECTIVE DATE. Town Attorney Sliney explained that because an "Act of God" (Hurricane Erin) forced Town Hall to be closed on the regularly scheduled meeting date of Tuesday, August O1, 1995, at which time this ordinance would have been adopted, it was his opinion, agreed to by Attorneys Schoech and Raymond, that it would be procedurally appropriate to re-do the ordinance process. Therefore, the proposed ordinance was again given first reading. (2) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, TO EFFECT A TAX LEVY BASED ON THE 1995 TAX ROLL OF THE TOWN OF HIGHLAND BEACH. (3) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPROPRIATING FUNDS FOR THE FISCAL YEAR 1995-1996, BEGINNING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30, 1996. These ordinances were given first reading and will be ready for possible adoption, after being duly advertised, at the scheduled September 19, 1995 Special Meeting to be held at 5:01 P.M. • Town Highland Beach Regular Meeting - Minutes Auaust 04, 1995 Page 6 of 7 (4) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, EXPRESSING THE TOWN'S INTENT TO REIMBURSE CERTAIN ORIGINAL EXPENDITURES WITH THE PROCEEDS OF BONDS OF THE TOWN; AND PROVIDING AN EFFECTIVE DATE. Lengthy discussion took place regarding this resolution, in which both Attorneys Schoech and Raymond participated, as did Thomas J. Reid, Chairman of the Financial Advisory Board. During the course of deliberation Commission members were polled for their thoughts on the amount of monies to be reimbursed. Asked by Mayor Voress if he were satisfied with the legal aspects of the proposed reimbursement resolution, Attorney Sliney replied that as Town Counsel and Bond Counsel respectively, this was the purview of Attorneys Schoech and Raymond. In turn, Mr. Sliney addressed several questions to Messrs. Schoech and Raymond for clarification purposes, which were answered to his satisfaction. In the course of her remarks, Town Manager Mariano asked that in the process of reaching their decision the Commission consider that . the opportunity now existed to forestall a tax increase for things that are known to be coming. In her capacity as Manager, she said it was her job to ask that the Commission consider unforeseen emergencies, as well as short-term and long-term planning, and if that wasn't done at this time, the alternative would in all probability be an increase in ad valorem taxes in the future.. She also spoke to projects delayed at this time in order to remain at the 4 mil level this coming fiscal year, as well as expenses that will have to be faced in the next several years, such as renovating Town Hall complex. Ms. Mariano also referred to monies already committed from the capital projects fund for rebuilding the fire station, as well as the police and paramedics being temporarily headquartered in modular housing during this rebuilding. Concluding her remarks, Ms.'Mariano requested for the record that the Commission think not only about reserves, but what needs the Town will have over the next several years. In response to Ms. Mariano's remarks, Commissioner Rand noted that the renovated Town Hall complex needn't be considered until a subsequent fiscal year, at which time the Commission would make appropriations for it, whether in part from reserves and part from increased ad valorem taxes.- whatever way the Town Commission may decide, based on the circumstances. Concluding discussion, MOTION was made by COMMISSIONER AUGENSTEIN/COMMISSIONER RAND to adopt the resolution to include $420,000 for the new fire truck, $110,000 with respect to the "Hidden Harbor" Settlement Stipulation and $100,000, at Commissioner Augenstein's suggestion, for the repair of well No. 7. Town Commission Regular Meeting - Minutes August 04, 1995 Page 7 of 7 Roll call met with majority favorable vote. Vice Mayor Paul dissented, saying he was in favor of the FAB's recommendation to include reimbursement of depleted reserves created by partial payment of the Town debt to the RTC regarding the "Hidden Harbor" Settlement Stipulation. Note: Reimbursement Resolution is No. 672 RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA ADOPTING THE FINANCIAL ADVISORY BOARD'S POLICY FOR RESERVE FUNDS AS A "BENCHMARK" FOR REFERENCE IN ADOPTING FUTURE BUDGETS. This resolution was unanimously adopted, following Commissioner Rand's suggestion that the actual policy (plus addendum) be attached to and made part of it. Under the Consent Agenda, the following resolution was adopted upon proper Motion: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REQUESTING A PRO-RATA SHARE • OF THE COUNTY EMERGENCY MEDICAL SERVICE SURCHARGE AWARD PROGRAM FUNDS. There being no further business to come before the Commission at this time, the Regular Meeting was adjourned upon MOTION by COMMISSIONER RAND/COMMISSIONER EYPEL at 11:00 A.M. dmt ,~j ,,1 APPROVE : ~~~'~ / ~ fl _~ . ~ ~~ ~ y Arlin G. Voress, Mayor Bill Paul, Vice Mayor - ~- ~ ,S C- N` f - Arthur Eypel, Commissioner David Augens °-~ ATTEST: DATE : ~ ] /~ ~ ~f . Rand, Commissioner