1995.05.30_TC_Minutes_Workshop•• ~3
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TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
WORKSHOP MEETING
Tuesdav, Mav 30, 1995 1.30 P M
Vice Mayor Bill Paul called the Workshop Meeting to order at 1:30
P.M. in Mayor Arlin G. Voress' absence. Commissioners Arthur
Eypel, David Augenstein and John F. Rand were present.
Town Manager Mary Ann Mariano, Town Attorney Thomas E. Sliney, and
Building Official Lee Leffingwell were also in attendance, as were
members of the general public.
ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA
The agenda was amended to include a discussion under the Town
Manager's report on policy issues pertaining to requests made of
the Commission by consultants and/or others who are working with,
or will work with, the RTC regarding the Hidden Harbor property.
was accepted upon MOTION by COI~iISSIONER RAND/CONIIrlISSIONER
AUGENSTEIN.
• 95.1 PUBLIC COI~3ENTS AND REQUESTS
It was the consensus to address the construction of three (3) patio
villas on Highland Beach Drive under Public Comments, rather than
under the Town Manager's report, to accommodate Attorney Charles
Morganstein, the owner's (Conte) representative. It was noted this
project needed Town Commission approval because it is multi-family.
After substantial discussion, with questions being answered to the
Commission's satisfaction, it was the consensus to move this item
to the June 06, 1995 Regular Agenda for possible approval.
93.8 DISCUSSION RE ADELPHIA CABLE
Attorney Cormac Conahan and the Commission discussed the latest
revisions he had made to the Town's proposed response to Adelphia
Cable's franchise proposal. During the discussion he complimented
Commissioner Rand's thorough and astute review of the proposal,
which enabled Mr. Conanhan's response to be more beneficial to the
Town. It was the consensus that Attorney Conahan be directed to
send the response to Adelphia at this time so negotiations could
continue.
95.2 BOARDS AND CONIl~iITTEES
Under Boards and Committees, it was noted that Thomas J. Reid had
expressed interest in being reappointed to the Financial Advisory
Board when his first 3-year term expires in June 1995.
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Workshop Meeting - Minutes
Mav 30, 1995 Paae 2 of 5
There was no correspondence from any of the Boards.
95.3 PROPOSED ORDINANCES AND RESOLUTIONS
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
TOWN OF HIGHLAND BEACH, FLORIDA, CHAPTER 24, ENTITLED
"SOLID WASTE," SECTION 24-13, ENTITLED "COLLECTION
CHARGES." (First Reading May 02, 1995; Published
May 16, 1995).
During discussion of this proposed ordinance, Ms. Mariano
recommended that its adoption be deferred for the time being until
fiscal year 1995/1996 charges are adopted by resolution, which
should be in a month`s time. It was the consensus of the
Commission to accept this recommendation.
94.7 DISCUSSION RE PROPOSED LIBRARY_FOUNDATION
Substantial discussion took place regarding the proposed Library
Foundation, with several recommendations being made to Attorney
Sliney for incorporation into the draft Articles of Incorporation.
Substantive items discussed included possible term limitations;
whether or not the designated members of the Board (Town employees)
should be non-voting members; and whether the Town Commission
should have veto power over all appointments.
These and other issues relating to the proposed Library Foundation
will be further discussed at the June Workshop Meeting.
MISCELLANEOUS - ITEMS LEFT OVER
The Status of Building Development in Town was received as
information.
The following sets of Minutes were moved to the June 06, 1995
Regular Meeting for possible approval:
April 21, 1995
April 25, 1995
April 25, 1995
May 02, 1995
May 02, 1995
May 09, 1995
- Public Hearing/Special
- Workshop Meeting
- Special Meeting
- Regular Meeting
- Special Meeting
- Public Hearing/Special
REPORTS - TOWN COMMISSION
Under his report, Vice Mayor Bill Paul
her letter to the Governor wherein she
relating to disability presumptions.
and additional legal presumption tha
tuberculosis contracted by police, fir
Meeting
Meeting
thanked the Town Manager for
requested that he veto HB 67
The bill would create a new
t hepatitis, meningitis and
e and emergency personnel is
Town Commission
Workshop Meeting - Minutes
Mav 30, 1995 Paae 3 of 5
job related. Ms. Mariano's letter stated that all employees, not
just police, fire and EMT's, currently receive extensive protection
under OSHA standards, which includes testing, monitoring, training,
etc.
Commissioner Arthur Eypel questioned the Building Official
regarding existing real estate signage coming into conformance with
the recently adopted Signs & Advertising Ordinance (Chapter 23).
Ms. Leffingwell responded that there was still some time remaining
for those advertisers to come into compliance, as per the provision
of the ordinance "grace period."
Commissioner John F. Rand suggested that in the future Public
Hearings and Special Meetings of significant importance and
interest be televised.
The Commissioner also questioned why all required legal public
notices were published only in The News. Ms. Mariano explained
that the advertising rates for that publication were about 40%
cheaper than the other major papers serving the area. She noted
that publishing required legal ads in that paper met all
requirements and said she did not feel that publishing in other
• than The News would result in more people attending advertised
meetings. She further noted that all meetings are not only
advertised, if required, and appropriately posted, but are also put
on Government Channel 12 and, should it be deemed warranted, all
condominiums and other residences in Town would be individually
notified.
Commissioner David Augenstein had no report.
REPORTS TOWN ATTORNEY
Town Attorney Thomas E. Sliney had no report.
REPORTS TOWN MANAGER
Under her report Town Manager Mary Ann Mariano requested that Gee
& Jensen's Scope of Services regarding renovations to the existing
fire/police facility, for fire station operations only, be
considered for approval by the Commission in order that Gee &
Jensen might get started with their bid process. During discussion
exception was taken to two (2) sections on Page 3, i.e., "Owner's
representative" was not specifically designated and the final
sentence under "Time of Performance" wherein it was stated, "Said
representation is not, however, a warranty or guarantee that said
services will be completed within such time frame." It was
requested that a counter proposal be made regarding these items,
wherein the Town Manager would be designated as the "Owner's
representative" and the final sentence under "Time Performance" be
revised or eliminated for the Town's protection. Ms. Mariano was
directed to convey this consensus to Gee & Johnson.
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Workshop Meeting - Minutes
May 30, 1995 Page 4 of 5
Ms. Mariano advised the need for a Budget Amendment regarding the
recent settlement with RTC (Hidden Harbor) and said same would be
ready for first reading at the June 06, 1995 Regular Meeting.
Referring to Palm Beach County Commissioner Mary McCarty's
invitation to hold a Town meeting at Town Hall in the near future
for the purpose of discussing county issues that affect Highland
Beach, as well as any other issues that the Commission would care
to address, it was the consensus that July 28 would be an
convenient date. The Town Clerk was directed to notify the
Commissioner's office to get this date set up.
Advising that Vice Mayor Paul had attended the Palm Beach County
Municipal League's May 24 meeting with her, Ms. Mariano gave a
brief summary of that meeting's agenda. She also advised that
Mayor Voress had been appointed to the League's Board of Directors
and Steve Abrams, Vice Mayor of Boca Raton, had been elected
President of the League.
Lengthy discussion took place following Ms. Mariano's explanation
• of a request regarding permit verification, which was sent to Mayor
Voress from CZR, Inc., who are environmental consultants dealing
with the RTC in regard to the Hidden Harbor property. It was the
consensus that no response be given at this time because it was
agreed, on advice of Attorney Sliney, that the Town should follow
certain procedures as regards such requests, i.e., that the
Attorney for the case (George P. Roberts, Jr.) review any and all
requests on an individual basis and, if he deems a response would
be appropriate, then the Town Commission would consider honoring
same. Ms. Mariano was directed to so advise CZR. Inc., and also to
advise that all future requests/correspondence from the RTC be
directed to her as Town Manager.
Regarding status reports on the Hidden Harbor property, there was
no objection to Commissioner Rand's recommendation that same be
given by the Town Manager at all Workshop and Regular Meetings.
The Commissioner also expressed his desire to have a written policy
regarding this specific Settlement Stipulation with the RTC.
There being no further business to come before the Commission at
this time, the meeting was adjourned at 3:35 P.M. upon MOTION by
COMMISSIONER RAND/COMMISSIONER AUGENSTEIN.
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Workshop Meeting - Minutes
Mav 30, 1995 Paae 5 of 5
APPROVE : - ABSENT - ``~ ~--- --
Arlin G. Voress, Mayor `
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Bi 1 Paul, V'ce Mayor
Ar hur Eypel, C mi Toner
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David Augenstein, missioner
. Rand, Commissioner
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