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1992.12.01_TC_Minutes_Regular ";-~~-.~ TOWN OF HIGHLAND BEACH, FLORIDA ~~ Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, December O1, 1992 1:30 p.m. Mayor Joseph A. Boulay called the Regular Meeting of the Town Com- mission of the Town of Highland Beach, Florida, to order in the Commission Chambers at Town Hall at 1:30 p.m. Others present were Vice Mayor Bill Paul, Commissioners Arlin Voress, Arthur Eypel, and John F. Rand. Also in attendance were Town Attorney Thomas E. Sliney, Town Mana- ger Mary Ann Mariano, Town Clerk Anne M. Kowals and members of the general public. Following roll call, the Pledge of Allegiance was given. ADOPTION OF AGENDA The agenda, amended by deleting the one member vacancy listed under the Board of Adjustment and indicating two member vacancies on the Code Enforcement Board, was accepted as amended. APPROVAL OF MINUTES The following Commission Meeting Minutes were submitted for approval: October 27, 1992 - Special Workshop Meeting October 27, 1992 - Workshop Meeting November 04, 1992 - Regular Meeting The MOVE by COMMISSIONER VORESS/COMMISSIONER EYPEL to approve the Minutes as written carried unanimously. PUBLIC COMMENTS AND REQUESTS Mr. Leonard Bell of 2727 South Ocean Boulevard, noting this is the season for giving thanks, expressed thanks for Hurricane Andrew avoiding Highland Beach. Further, Mr. Bell extended thanks to the Commission for their attention to his request for assistance with a situation that was causing damage to the dune North of the Holi- day Inn. With the help of Commissioner John Rand, Police Chief Cecere, Town Manager Mariano, and Town Attorney Sliney the situa- tion was remedied; Mr. Bell invited all to stop by the Holiday Inn North property line where it meets the Villa Magna property line to see how the vegetation has been restored. ..~ ~ Town Commission Regular Meeting Minutes December O1, 1992 Page 2 of 6 REPORTS - TOWN COMMISSION Vice Mayor Bill Paul Vice Mayor Bill Paul had no report. Commissioner Arlin Voress Commissioner Arlin Voress remined all this Thursday, December 03, 1992, is Government Day (Open House) in Highland Beach and the Commission looks forward to seeing all residents in attendance at this Town sponsored program. In response to an inquiry, the Town Manager advised the Open House will commence at 10:00 a.m. and exhibits will be presented by the Highland Beach Police Department, Fire Department, the Highland Beach Focus Group, Highland Beach Condo Managers Association, J. M. Montgomery Engineers, Adelphia Cable Company, County Sanita- tion, Solid Waste Authority, Gumbo Limbo, Highland Beach Turtle Program, etc. It was also noted Commissioner Mary McCarty, Chair of the County Board of County Commissioners, will participate in this program. Town Manager Mariano reported hot dogs, drinks, coffee, and cookies will be available. It was further noted notices of the Government Day Program were distributed to all condominiums and information regarding this function was included in the latest Town Newsletter submitted to residents. Commissioner Arthur Eypel Commissioner Arthur Eypel, noting it has been approximately five months since Adelphia Cable switched to the new system, questioned whether residents have registered any complaints with the Town Hall regarding the cable service. It was noted Town Hall has not received any complaints regarding this matter. The Town Manager advised Adelphia Cable will participate in the Government Day program and residents will have the opportunity to discuss any concerns they have with the cable company's representatives. Responding to Commissioner Eypel's question, it was noted a tour of the Highland Beach Water Treatment Plant in Boca Raton will be conducted at 1:30 p.m.; residents interested in the tour are asked to place their name on the sign-up sheet at Town Hall the morning of the Open House. `, ~ Town Commission Regular Meeting Minutes December O1, 1992 Page 3 of 6 • Commissioner John F. Rand Commissioner John F. Rand, citing a memorandum of 11/20/92 to the Town Commission from F.A.B. Chairman Browner recommending the Com- mission consider operating on the policy of a zero-based budget, proposed the MOTION to pass a Resolution as follows: "Be it resolved that the Town Commission hereby establishes a fiscal policy whereby it will attempt to consider that each fiscal year Town Budget be approved on a balanced budget basis without using any carry forward balances from the prior fiscal year and/or without using any existing reserves to achieve that purpose unless such usage is deemed necessary because of special unforeseen circumstances prevalent at the time of such consideration". The Commissioner explained what they are trying to accomplish is to have a balanced budget meaning that all our expenditures will be covered by revenues, and, if there is any deficiency between expenditures and revenues, we will not dip into reserves or con- sider surplus balances from the prior fiscal year budget to cover that deficiency. It means that every item of expense will be covered by revenues; and, if there is any shortfall, we will then have to increase our ad valorem taxes or other items to generate sufficient revenue to cover our expenditures. F.A.B. Chairman Browner stated what they are trying to do is to eliminate carrying forward balances that did not reflect reality (they were balancing figures). Mr. Browner noted they wanted to do justice to the Town's budget and effectively simplify it. Cit- ing the MOTION proposed by Commissioner Rand, Chairman Browner stated there is flexibility expressed in said MOTION--if the Town wants to bring forward a carry forward balance and/or a reserve, that can be recommended so that the milage would not be increased by whatever shortfall we may experience. During discussion, Commissioner Rand emphasized the fact that you cannot take funds from a specific reserve (a specific allocation) and use it for another purpose. COMMISSIONER VORESS SECONDED the MOTION. At this time, Vice Mayor Paul, noting this is something entirely new to him, stated he would have to vote against the MOTION as he has not studied the matter and would feel uncomfortable casting a ballot without hav- ing reviewed information pertaining to said issue. Commissioner Rand explained that his MOTION was based on a memo- randum dated 11/20/92, from the Chairman of the F.A.B., a copy of which was given to each member of the Town Commission, asking for such consideration. Town Commission Regular Meeting Minutes December O1, 1992 Page 4 of 6 r ~ A roll call resulted with "AYE" votes cast by Commissioners Voress, Eypel, Rand, and Mayor Boulay; Vice Mayor Paul voted "NAY" for reasons stated prior to voting. Mayor Joseph A. Boulay Mayor Joseph A. Boulay, noting he was out of Town for some time, had nothing to report; he extended Holiday Greetings to all. The Mayor, under his report, advised many events are scheduled in the area, i.e., Boards Appreciation Luncheon is scheduled for Fri- day, December 11; Delray/Boynton boat parade is set for Friday, December 11; the Boca Raton boat parade is to be held on Saturday, December 12; and, the Pompano boat parade is scheduled for Sunday, December 20. REPORTS - TOWN ATTORNEY Town Attorney Thomas E. Sliney had no report. REPORTS - TOWN MANAGER Town Manager Mariano reported Government Day is set for Thursday, • December 03, with the Boards Appreciation Luncheon scheduled for Friday, December 11. Giving an up-date report of the Fire/Rescue issue, Town Manager Mariano noted the October 27, 1992, Board of County Commissioners Meeting (at which quite a bit of public comment was heard) resulted in the Commission returning the matter to the Fire/Rescue Advisory Board with a request that those who spoke at this County Commission Meeting, as well as representatives of the business community and non-profit organizations and all who would be affected, be invited to the Fire/Rescue Board meeting. On November 19, a meeting of the full Board (seven members) was held; many citizens present spoke with regard to the proposal (10 anti - 2 for) with Commissioner Rand doing an excellent job in represent- ing the position of our Town. At said meeting, several other alternatives, raised by County Commissioner Roberts and former County Commissioner Philips at the October County Commission Meeting that would involve using partially assessed value and partially the ERU method, were discussed. The conclusion was a unanimous reaffirmation by the Fire/Rescue Advisory Board to go back to the County Commission stating the Board still wants the ERU method (the original way it was presented to the County Commission); that will be up for discussion for the purpose of . ~ Town Commission Regular Meeting Minutes December O1, 1992 Page 5 of 6 scheduling a public hearing by the Board of County Commissioners on December 08, 1992. At the request of County Commissioner McCarty, the Town Manager will be seated at the staff table at that meeting to address the issue to the Board. When the public hearing date is confirmed, the Town Manager will request the Town Commissioners attend in order to give support for the ERU method of assessment for Fire/Rescue services. At this time, Commissioner Rand commended the Town Manager for the very effective job she did regarding the Fire/Rescue issue; he noted he is happy that Town Manager Mariano is representing the Town in this battle. Acknowledging receipt of a memorandum from Palm Beach County Muni- cipal League, the Town Manager advised the League requires the Town reaffirm our voting delegate and alternates. The Town Mana- ger recommended the Commission make a MOTION allowing the Mayor to be the voting delegate with the Town Manager and all Members of the Commission being alternates thereby assuring the Town will have a vote on any issue before the Municipal League in the absence of the Mayor or Town Manager should they be unable to attend a League Meeting. At this point, COMMISSIONER VORESS/VICE MAYOR PAUL MOVED to approve the recommendation of the Town Manager. r1 LJ Following brief discussion, the MOVE was amended to also include the names of the Town Attorney, Town Clerk, and Finance Director as alternates to the Municipal League. The MOVE, as amended, received unanimous approval of the Commission. REPORTS - BOARDS AND COMMITTEES Mayor Boulay noted the scheduled meetings of the various Town Boards as well as the two vacancies on the Code Enforcement Board. At this time, COMMISSIONER VORESS/COMMISSIONER RAND made a MOTION nominating David Augenstein to a three year term on the Code En- forcement Board and reappointing Merton Rubin to a three year term on said Board. All Commission Members cast "AYE" votes to approve the MOTION. Noting the Planning Board is scheduled to meet on December 09, the Town Manager advised they will address the recommendation submit- ted by Mr. Hadeed regarding zoning relating to non-conforming uses; Land Planner Jim Park of Gee & Jenson will be in attendance. e :R J L~ Town Commission Regular Meeting Minutes December O1, 1992 Page 6 of 6 PROPOSED ORDINANCES AND RESOLUTIONS 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 9 ENTITLED "FIRE PREVENTION AND PROTECTION" TO INCLUDE FEE REQUIREMENTS THEREIN; PROVIDING FOR CODIFICATION. The ordinance, given first 11/13/92, was read by title MISSIONER VORESS/VICE MAYOR without objection. REGULAR BUSINESS Items Left Over reading on 11/04/92 and published on only by Mayor Boulay. MOTION by COM- PAUL adopting the ordinance carried 1. Discussion re Charter Review Brief discussion ensued with regard to proposed amendments to the Town Charter. It was the consensus to hold a Special Workshop Meeting on January 05, 1993, for the purpose of addressing this matter. The Regular Town Commission Meeting is scheduled for January 05, 1993, at 1:30 p.m. Consent Aqenda - None Mr. David Augenstein, present in the audience, extended thanks to the Commission for his appointment to the Code Enforcement Board. ADJOURNMENT There being no further business to come before the Town Commission at this time, Mayor Boulay, upon proper MOTION, adjourned the Reg ar Meeting at 2:10 p.m. A PROVED• Unavailable due to illness • Joseph A. Boulay, Ma or Arthur Eypel, nmis one Bill Paul, Vice ayor ---- _-- J a d, ommissi ner Ar i~ n Dress, Commissioner ATTES ~. ,. r-~,~/ Date. ~i l ~