1995.03.07_TC_Minutes_Regular!-
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TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, March 07, 1995 1.30 P M
Mayor Arlin G. Voress called the Regular 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 David Augenstein, Arthur Eypel
and John F. Rand were present..
Town Manager Mary Ann Mariano, Town Attorney Thomas E. Sliney and
members of the general public were also in attendance.
After roll call, the Pledge of Allegiance was given.
ADOPTION OF AGENDA
Upon MOTION by COMMISSIONER AUGENSTEIN/VICE MAYOR PAUL, the agenda
• was amended and accepted to include an address to the Commission by
Chief Robert Rehr of Delray Fire/Rescue immediately following
Public Comments and Requests.
APPROVAL OF MINUTES
The following sets of Minutes were unanimously approved upon MOTION
by COMMISSIONER RAND/COMMISSIONER AUGENSTEIN:
January 31, 1995 - Workshop Meeting
February 07, 1995 - Regular Meeting
February 07, 1995 - Public Hearing
PUBLIC COMMENTS AND REQUESTS
Jose Echeverria advised that an early (pre-season) leatherback
turtle nest had been documented; he also reminded residents to
exercise extreme caution regarding the presence of jellyfish in the
ocean and on the beach.
At this time, Chief Robert Rehr addressed concerns previously
raised by Commissioner John F. Rand regarding certain fire/rescue
personnel and equipment not being available at the Highland Beach
station at all times (See Minutes of February 28 Workshop). Chief
Rehr advised that whenever there is reason for personnel/vehicle to
leave an assigned station, the next nearest station is advised so
• backup is readily available. He further advised that historically,
if personnel/vehicle are away from a station to, for example, fuel
the vehicle, that, if supplies are needed, grocery shopping will
be included in the trip.
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Regular Meeting - Minutes
March 07, 1995 Paae 2 of 6
Because only the fire/rescue truck is equipped with EKG monitoring
equipment, Chief Rehr suggested that the Commission might also want
to so equip the newly purchased engine truck (due for delivery in
July 1995). He said such installation would not be difficult;
therefore, purchase could be made directly from an EKG equipment
manufacturer and not from Sutphen (the engine truck manufacturer).
In this regard, he was asked to submit in writing the approximate
cost of such equipment and its installation into the engine truck,
and well as explain the assignment of medical personnel to the
engine truck, i.e., would additional personnel have to be trained;
if so, at what cost? Chief Rehr said he would try to have this
information to the Commission in time for review at the March
Workshop Meeting.
REPORTS - TOWN COMMISSION
Vice Mayor Bill Paul suggested that, regarding the proposed
"Library Foundation," consideration might be given to a more broad
concept, such as a "Highland Beach Community Trust," whereby
residents could earmark their contributions to other proposed
projects besides, but including, the library. It was the consensus
to further review this possibility. In this regard, whatever kind
• of foundation or trust is eventually decided upon, the Vice Mayor
also suggested that the next newsletter include an invitation to
those residents with charitable fund-raising experience to consider
sharing their talents.
Commissioner Arthur Eypel briefly noted his satisfaction with the
proposed sign ordinance which was due for final reading and
possible adoption later on in the meeting's proceedings. He then
referred to the February 28 Special Meeting held to discuss
proposed settlement with the Resolution Trust Corporation regarding
"Hidden Harbor," and thanked those residents who attended for their
vote of confidence in the Commission; he also complimented their
astute questions and comments.
Commissioner John F. Rand asked for clarification of Town Code,
Section 2-6 (Rule No. 9), wherein it is noted that "...no
communication or petition to the Town Commission shall be
entertained unless the same be in writing." This notation appears
on all Town Commission agendas under PUBLIC COMMENTS AND REQUESTS,
and the Commissioner asked that "request" be defined as used in
this context. Town Attorney Sliney responded, saying that as noted
in this section on agendas "request" would mean a project-like
petition, such as a property owner coming before the Commission to
verbally request a Special Exception Hearing, which would be
unacceptable; such a request would have to be presented in writing.
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• Town Commission
Regular Meeting - Minutes
March 07, 1995 Page 3 of 6
Inquiring about the status of the proposed wellfield agreement with
the City of Boca Raton, Commissioner Rand was advised by Attorney
Sliney that it was in the hands of Boca's attorneys at this time.
Commissioner David Augenstein had no report.
Several items were noted by Mayor Arlin G. Voress. He advised of
a meeting with Mayor Yitzhak Wald of Kfar Saba, Israel, also
attended by Mayor Tom Lynch of Delray Beach and Mayor Bill Smith of
Boca Raton. Along with the goodwill aspect of the visit, mutual
municipal problems and possible solutions to them were discussed.
The Mayor also advised receiving correspondence and materials from
Ilene Lieberman, Mayor of the City of Lauderhill, regarding
Florida's Sesquicentennial (150th) anniversary of its statehood.
The materials would be available for the Commission's review, he
advised, and an official logo had been framed and hung in Town
Hall.
On March 29, Mayor Voress announced he would be a panelist in a
program entitled "The State of our Localities: Top Officials
Report," sponsored by the Jewish Community Relations Council
Executive Committee of the South Palm Beach Jewish Federation.
Each panelist is invited to speak for approximately 10 minutes on
recent developments in his community, followed by a question and
answer period. The Mayors of Boca Raton and Delray Beach, along
with Ken Foster, Chair of Palm Beach County Commissioners, will
also take part in the program.
Regarding the overcharge for sewage treatment by Delray Beach, for
which the Town will be credited, the Mayor requested a quarterly
status report. Town Manager Mariano responded that Utilities
Director Jack Lee was of the opinion a 6-month credit would be more
advantageous for the Town; she also reported a recent meeting with
Delray Manager David Harden and Utilities Director Bill Greenwood,
both of whom were aware that a substantial credit is due the Town.
Concluding discussion, the Mayor reiterated his request for a
quarterly report.
REPORTS - TOWN ATTORNEY, TOWN MANAGER
Town Attorney Thomas E. Sliney had no report.
Town Manager Mary Ann Mariano referred to correspondence received
from Attorney George P. Roberts giving a status report regarding
the proposed settlement with the RTC, which she had earlier
transmitted to the Commission. She noted there was no further news
of the proposed settlement at this time.
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Regular Meeting - Minutes
March 07, 1995 Paae 4 of 6
REPORTS - BOARDS AND COMMITTEES
The Board Action Report for February was accepted as information.
After announcing Board meetings for the month, Mayor Voress advised
of William Maltz' eligibility for reappointment to the Planning
Board vacancy; this was done upon NOMINATION by COMMISSIONER RAND/
COMMISSIONER EYPEL.
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 12/06/94; published 01/24/95).
Attorney Sliney advised that changes requested by the Commission
regarding the size of temporary real estate signs had been
incorporated (from 9"x12" to 12"x18"); also he had included
appropriate language referring to the Code Enforcement Board under
the "Penalties" and "Appeals" sections. Still to be addressed, he
advised, was the effective date versus enforcement date. It was
the consensus to allow real estate companies holding current
permits 90 days to switch over, with no additional permit fee
applied.
Substantial discussion took place, with Mayor Voress taking
exception to the wording of the "Vehicle Sign" category under
Section 23-1 (Definitions):
Vehicle sign means a sign affixed to a transportation vehicle,
for the purpose of business advertising.
As written, Mayor Voress said this could be interpreted to mean not
only those commercial vehicles having business in Town, but every
commercial vehicle merely passing through the Town via State Road
AlA. He asked for further review to ensure that correct, clear
language be incorporated.
The proposed ordinance will be moved to the March Workshop for
further consideration.
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 AN EFFECTIVE DATE. (First reading.)
• Town Commission
Regular Meeting - Minutes
March 07, 1995 Page 5 of 6
Brief discussion took place, with it being noted that this
amendment pertained to the new, smaller digital satellite dishes
24" or less in diameter; the Town will not regulate their use.
The proposed ordinance will be moved to the March Workshop for
further consideration.
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.)
The ordinance will be moved to the March Workshop for further
consideration.
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 104.7.4 O 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;"
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
(First reading.)
Mayor Voress expressed concern that the percentage of fee increases
was too high, cautioning that the Town's residents would be the
ones to absorb these costs. He directed the Town Manager to have
the Building Official, or whoever she might want to assign, submit
a report comparing last year's permit fee schedules to the proposed
fee figures to determine the actual percentage increase in each
category.
The ordinance was moved to the March Workshop for further
discussion.
5 A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, IN
SUPPORT OF LEGISLATION PENDING BEFORE THE U.S. CONGRESS TO
REFORM THE SAFE DRINKING WATER ACT.
The need to support this resolution had been previously discussed
at the February Workshop Meeting. It was formally adopted upon
MOTION by COMMISSIONER RAND/COMMISSIONER AUGENSTEIN.
• Town Commission
Regular Meeting - Minutes
March 07, 1995 Page 6 of 6
6. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, DECLARING
THE ELECTION TO HAVE HELD ON THE 14th DAY OF MARCH 1995, TO BE
UNNECESSARY SINCE THE ONLY CANDIDATES WHO QUALIFIED ARE
UNOPPOSED.'
This resolution was adopted upon MOTION by VICE MAYOR PAUL/
COMMISSIONER AUGENSTEIN.
REGULAR BUSINESS
Items Left Over
Concluding discussion initiated at the February Workshop Meeting
regarding the placement of "Bicyclists Share Highway" signs, it was
the- consensus to place a one-sided sign, in the appropriate
direction, at each end of Town, and one double-sided sign in the
middle of Town. These will be purchased directly by the Town, with
permits sought from the Department of Transportation.
Consent Agenda
• None.
ADJOURNMENT
There being no further business to come before the Commission at
this time, the meeting was adjourned at 2:30 P.M.
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APPROVE : ~--~_.!~";%~~-
Ar7~~n G. ~loress, N~yor - B 11 Paul, Vice Mayor
hur Eypel, Commi io r Rand, ommissior~ r
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David Augenst i Commissioner
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