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
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Minutes - Workshop Meeting
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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...").
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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.
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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:
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.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.
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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.
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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
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Arthur Eypel, Commissioner
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David Augenstein, mmissioner
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J Rand, Commissioner ,
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