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1995.03.28_TC_Minutes_Workshopy -~ TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING WORKSHOP MEETING Tuesdav, March 28, 1995 1.30 P M Mayor Arlin Voress called the Workshop Meeting to order in Commission Chambers at 1:30 P.M. Acting 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 and Building Official Lee Leffingwell were also present, as were members of the general public. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Upon MOTION by COMMISSIONER EYPEL/COMMISSIONER AUGENSTEIN, the agenda was amended to include auditors Haas & Diaz' presentation of the Comprehensive Annual Financial Report for the fiscal year • ending September 1994, as well as a presentation by the Town Manager regarding an addendum to the County Sanitation contract having to do with the supplying of dumpsters for construction debris. These two items were placed after "Public Comments and Requests." 95.1 PUBLIC COMMENTS AND REQUESTS None. AUDITORS' REPORT In addition to presenting the Annual Financial Report for the fiscal year ending September 1994, Deborah Diaz of Haas & Diaz reviewed the "Financial Highlights" booklet, which included Revenues and Expenditures, Expenditures, Fund Balance, Water and Sewer Operations and Financial Indicators. Commissioner Rand had several questions regarding the annual report itself, which were answered to his satisfaction. He also pointed out a numerical error on page vii relative to the Enterprise Funds' net current assets, which Ms. Diaz assured would be corrected. BFI/COUNTY SANITATION PROPOSED CONTRACT ADDENDUM Ms. Mariano referred to her memorandum previously transmitted to . the Commission, which noted the reasons why this addendum, calling for exclusive use of BFI/County Sanitation dumpsters for .~, ,,. . Town Commission Minutes - Workshop Meeting March 28, 1995 Paae 2 of 7 construction debris, would be beneficial to the Town. Substantial discussion followed, concluding with the Mayor's request for comparable roll-off rates for municipalities in South Palm Beach County; he also requested clarification regarding the addendum being considered for a "contract" or a "franchise" before proceeding further, as Ms. Mariano's memo referred to the Town receiving a 5% franchise fee on this service. 93.8 DISCUSSION RE ADELPHIA CABLE Town Attorney Sliney advised that Attorney Cormac Conahan was finalizing a response to Adelphia's proposal and would transmit same shortly for the Commission's review. 95.2 BOARDS AND COI~IITTEES Mayor Voress noted one (1) vacancy on the Code Enforcement Board due to Russell Richardson's resignation and two (2) vacancies on the Community Appearance Board: Eugene I. Behrman is eligible for reappointment; Paul Heetmann has completed his 6-year term. • The Mayor further noted that a report from the Financial Advisory Board will be forthcoming at the April Workshop Meeting. Concluding this section of the agenda, Mayor Voress asked that a concerted effort be made to invite residents to submit talent bank applications for the various Boards. 95.3 PROPOSED ORDINANCES AND RESOLUTIONS 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REPEALING CHAPTER 23 OF THE CODE OF ORDINANCES ENTITLED "SIGNS AND ADVERTISING" IN ITS ENTIRETY, AND SUBSTITUTING IN LIEU THEREOF NEW CHAPTER 23 ENTITLED "SIGNS AND ADVERTISING." (First reading 01/03/95; published 01/24/95). Substantial discussion again took place regarding the definition of "Vehicle Sign" as noted in Section 23-1 - whether it could in the strict sense apply to commercial vehicles just "passing through" Town as opposed to those vehicles being parked in Town when a commercial job.was being done. It was ultimately agreed that the addition of the phrase 'or registration' in the first sentence of Section 23 .3 would clarify this matter (" ...without first obtaining a permit or registration..."). •~ .. • Town Commission Workshop Meeting - Minutes March 28, 1995 Page 3 of 7 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES, CHAPTER 6, ENTITLED "BUILDINGS AND STRUCTURES," SECTION 6-244(a) ENTITLED "SATELLITE TELEVISION ANTENNA SYSTEMS - DEFINITIONS;" PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. (First Reading 03/07/95; Published 03/15/95) There was no discussion of this proposed ordinance, which states that the Town will not regulate the use of the new, digital satellite dishes 24" in diameter or smaller. 3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REPEALING CHAPTER 15 ENTITLED "LICENSES AND LICENSE TAXES," ARTICLE III ENTITLED "HOTELS, MOTELS AND DINING FACILITIES" IN ITS ENTIRETY, AND SUBSTITUTING IN LIEU THEREOF NEW CHAPTER 15 ENTITLED "LICENSES AND LICENSE TAXES," ARTICLE III ENTITLED "HOTELS, MOTELS AND DINING FACILITIES;" PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.(First Reading 03/07/95; Published 03/15/95) • Building Official Leffingwell advised that this proposed ordinance clarified definitions of motels and transient apartments; there is also included a reasonable increase in rates. 4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE FOLLOWING SECTIONS OF THE TOWN CODE OF ORDINANCES, TO WIT: CHAPTER 6, ARTICLE III ENTITLED "BUILDING CODE," SECTION 6-52 ENTITLED "AMENDMENTS," SECTION a-103.7 ENTITLED "FEES," (SECTION 104.7 OF THE STANDARD BUILDING CODE) PROVIDING FOR PERMIT FEES; CHAPTER 6, ARTICLE VI, ENTITLED "PLUMBING," SECTION 6-152 ENTITLED "SAME-AMENDMENTS, DELETIONS AND ADDITIONS," APPENDIX h, ENTITLED "PERMIT FEES," CHAPTER 6, ARTICLE III„ ENTITLED "MECHANICAL INSTALLATIONS," SECTION 6-202, ENTITLED "PERMIT FEES;" CHAPTER 6, ARTICLE IX, ENTITLED "ELECTRICAL CODE," SECTION 6-234, ENTITLED "AMENDMENTS, DELETIONS, ADDITIONS," "SCHEDULE-ELECTRIC PERMIT FEES;" PRO- VIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (First Reading 03/07/95; Published 03/15/95) Lengthy discussion took place regarding this proposed amendment, as well as the information provided by the Town Manager outlining the difference in fees collected last year and what would have been collected under the proposed fees, which was requested by Mayor • Voress at the March 07, 1995 Regular Meeting. • Town Commission Workshop Meeting - Minutes March 28, 1995 Paae 4 of 7 The pro and con of increasing fees was deliberated, with both Ms. Mariano and Building Official Lee Leffingwell offering their reasons for being in favor of such action. Ms. Mariano read her memorandum to the Commission into the record, wherein it was noted that only building permit fees had been proposed to be increased; amendments to electrical, mechanical and plumbing fees only reflected clarifications of some of the fees and an update of the regional standard codes that are used by reference. The Mayor's concern centered on the fact that, keeping in mind the residents would have to bear these costs as "pass-through" charges, the percentage of increase was too high. He was of the opinion that it would be appropriate to stay with the amount budgeted for this fiscal year and asked for the Commission's consideration in this regard. All of the above-referenced proposed ordinances were moved to the April 4 Regular Meeting agenda for further consideration and possible adoption. 5. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REPEALING • RESOLUTION NO. 655 AND PROVIDING FOR THE APPOINTMENT OF A TOWN CLERK. This resolution was moved to the April 4 Regular Meeting Consent Agenda. It provides for the appointment of Acting Town Clerk Doris Trinley as Town Clerk. 95.4 DISCUSSION RE SPRING ISSUE OF NEWSLETTER With minor modifications, such as including the Town Seal on the mailing section, it was the consensus that the newsletter be readied for distribution to the residents. 94.7 DISCUSSION RE LIBRARY FOUNDATION Following continued substantial discussion of the ways in which such a foundation might be set up, it was the consensus that the Town Attorney transmit a letter to the Commission outlining what kinds of information he needed from them to initiate work on articles of incorporation, by-laws, etc. MISCELLANEOUS - ITEMS LEFT OVER The Status of Building Development in Town, a report prepared by the Building Official, was received as information. • Three (3) sets of Minutes were moved to the April 4 Regular Meeting Agenda for further consideration and possible approval: . Town Commission Workshop Meeting - Minutes March 28. 1994 Paae 5 of 7 .February 28, 1995 - Workshop Meeting .February 28, 1995 - Special Meeting .March 07, 1995 - Regular Meeting REPORTS - TOWN COMMISSION In the interest of time, Vice Mayor Bill Paul deferred his report until the April 4 Regular Meeting, to accommodate the start of today's Special Meeting/Executive Session scheduled for 3:00 P.M. Commissioner Arthur Eypel noted that April 5 has been designated "Legislative Action Day" by the Florida League of Cities. He also acknowledged Mayor Voress' appointment to the Palm Beach Municipal League's Board of Directors representing District IV, offering congratulations on behalf of the Commission. Commissioner Eypel further referred to a letter received from Stan Tate of the Florida Shore and Beach Preservation Association noting President Clinton's plan to limit the role of the Army Corps of Engineers to major national projects, thus eliminating their role in local projects, such as beach renourishment. He asked if the Town might consider submitting a resolution to our legislative • representatives stating opposition to this plan. Responding that such action would be appropriate, Mayor Voress said he would check with the Palm Beach County Municipal League to see if a model resolution is available. Commissioner John F. Rand reported that he will attend a meeting on March 29 with Town Manager Mariano and Delray Fire/Rescue Chief Robert Rehr to discuss the possibility of adding medical equipment to the fire engine truck now under construction for the Town. The Commissioner will report results of this meeting at the April Workshop Meeting. Commissioner Rand next referred to Ms. Mariano's memo to the Chairman of the Greening Committee, wherein she asked that they bear the cost of shoring up town-owned trees knocked over during severe winter storms. He asked to be apprised of the how long this Committee had been in existence and who served as its members. Ms. Mariano responded that the Committee had been in existence for many years and was a sub-committee of the Community Appearance Board, with all members of that Board serving as members of the Committee. The Committee honors requests from residents who wish to memorialize loved ones by purchasing a tree. For a contribution, usually $300, a plaque is placed in front of either a newly purchased tree or an existing town-owned tree; a smaller, permanent brass plaque is also attached to a memorial board located just outside Commission chambers. This activity is the source of their . funding, Ms. Mariano advised, with the Finance Department holding the monies as a segregated fund. .~ • Town Commission Workshop Meeting - Minutes March 28, 1995 Page 6 of 7 The Commissioner noted a letter received from Barbara Wynne of 3621 S. Ocean Blvd., in which she expressed concern about over-use of future beach rights should the property adjacent to hers (Hidden Harbor) be developed in the future. Another letter referred to by Commissioner Rand was received from Gerald Marshall, President of Bel Lido Property Owners' Association, in which Mr. Marshall cited an altercation between two residents relating to one of them ignoring the Town's ordinance regarding removal of animal waste. Mr. Marshall suggested small signs, displayed on the yellow signposts that warn bicyclists to give pedestrians audible warning of their approach, to remind animal owners of this ordinance. It was the consensus that this suggestion be considered favorably. Commissioner David Augenstein complimented the Town Manager on the receipt of the National Local Government Award from the National Hurricane Conference for the Town's "Pearls of Survival" booklet. In turn, Ms. Mariano advised she had submitted the booklet in the name of the Town Commission and would accept the award on their behalf, to be presented by Vice President Al Gore at a ceremony to • be held April 13 in Atlantic City. Ms. Mariano also thanked the Commission, saying that without their funding and support the award would not have become a reality. Mayor Arlin Voress noted he had received a letter from Senator Connie Mack acknowledging the proposed amendments to the Safe Drinking Water Act and advising he would consider the Town's concerns when the Bill came to the Floor this year. The Mayor also noted he had not received results of the lead/copper testing done at his home, among others, late last year. Town Manager Mariano said she would look into this and advise as soon as possible. REPORTS - TOWN ATTORNEY Mr. Sliney had no report. REPORTS - TOWN MANAGER Town Manager Mary Ann Mariano advised of two (2) vacancies reported by the Palm Beach County Municipal League and asked if any member of the Commission was interested in serving on one or the other to contact her. The first vacancy is an Alternate on the Treasure Coast Regional Planning Council; the second relates to the recently established School Concurrency Task Force by the Board of County • Commissioners. _>'~ •• • Town Commission Workshop Meeting - Minutes March 28, 1995 Paae 7 of 7 Concluding her report, Ms. Mariano advised that the Town of Highland Beach had earned a "Tree City USA" designation from the National Arbor Day Foundation for the 6th consecutive year. There bring no further business to come before the Commission at this time, the Workshop Meeting was adjourned at 3:00 P.M. Arlin G. Voress, Mayor 11 Paul, Vice Mayor ~~, Arthur Eypel, Commissioner r~, ~ ~ L ,t,t ~~ sy David Augenstein, mmissioner ~~ ~~ J Rand, Commissioner , dmt ATTEST: DATE: