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1993.12.07_TC_Minutes_Regular~ ~ , ,~ • TOWN OF HIGHLAND BEACH, FLORIDA U Minutes of Meeting of ;Town Commission _ . REGULAR MEETING Tuesday, December 07, 1993 1:30 p.m. Mayor Arlin Voress called the Regular Meeting of the Town Commis- sion of the Town of Highland Beach, Florida, to order at 1:30 p.m. in the Commission Chambers at Town Hall. Others in attendance were Vice Mayor Bill Paul, Commissioners Arthur Eypel, John F. Rand, and David Augenstein. Also present were Town Manager Mary Ann Mariano, Town Clerk Anne M. Kowals, CMC, and members of the general public. Town Attorney Thomas E. Sliney was absent. Following roll call, the Pledge of Allegiance was given. ADOPTION OF AGENDA It was the consensus to adopt the Agenda as written. APPROVAL OF MINUTES The following Minutes were submitted for consideration: October 26, 1993 - Workshop Meeting November 02, 1993 - Regular Meeting November 05, 1993 - Special Meeting MOTION by VICE MAYOR PAUL/COMMISSIONER AUGENSTEIN to approve the above Minutes as written received unanimous approval. PUBLIC COMMENTS AND REQUESTS Mr. Michael Hill of 4408 South Ocean Boulevard requested the Com- mission comment on the proposed Palm Beach County plan to provide bus service along AlA. Noting this matter was addressed briefly by Palm Beach County Com- mission Chair Mary McCarty at our November 30, 1993, Workshop Meeting, the Mayor advised the new six cent gas tax, approved by the County, requires part of that revenue go towards public transportation. A proposed plan for a bus route that includes service along AlA will be discussed by Mr. Irving Cure who, upon invitation, will visit home owner associations, condominiums, etc. in Palm Beach County to obtain input from the public regarding the needs in each municipality. It was noted a poll taken by the Highland Beach Focus Group at the Government Open House Program regarding this issue resulted in 60 residents opposing and 3 resi- dents favoring such bus service in Town. e ~ ~ Town Commission Regular Meeting Minutes December 07, 1993 • Page 2 of 5 REPORTS - TOWN COMMISSION Vice Mayor Bill Paul Vice Mayor Bill Paul, noting the next Town Commission Meeting is scheduled for December 28, extended wishes to all for a safe and Happy Holiday Season. Commissioner Arthur Eypel Commissioner Arthur Eypel echoed the Vice Mayor's good wishes to one and all. Commissioner John F. Rand Commissioner John F. Rand joined in with his colleagues' greetings to all residents. When Commissioner Rand questioned Mr. Irving Cure will be invited to a Town Meeting to discuss the proposed Palm Beach County Plan for a bus route along AlA, the Town Manager noted an invitation will be extended after a study of the issue is done to see if a compromise can be worked out with the County when our needs are determined (i.e. every Thursday at a time certain one bus will pick up residents to take them to a mall.) Under his report, when the Commissioner inquired whether, accord- ing to Roberts' Rules of Order, the Members have the right to add items to an Agenda, Town Manager Mariano advised said Rules require a majority to add or delete Agenda Items. However, it was noted Members may include items under their report. Commissioner David Augenstein Commissioner David Augenstein, under his report, extended Holiday Greetings to all and noted today marks the 52nd Anniversary of Pearl Harbor. The Commissioner noted the structure on the East side of AlA, across from Boca Highland, is termite infested and should be demolished; and, the 18 trees that were to be placed at the Milani Property on the West side of AlA, in the area of Boca Highland, to date, have not been planted. It was noted these matters fall under the jurisdiction of the Code Enforcement Board and the Commission is apprized (via the Board Action Report) of the actions taken at the various Advisory Boards Meetings as well as the Code Enforcement Officer's report regarding the status of Notice of Violations/Citations. Town Manager Mariano advised a . meeting was held with the Town Attorney regarding these sensitive issues that must be addressed outside the realm of the Commission. Town Commission Regular Meeting Minutes December 07, 1993 • Page 3 of 5 Mayor Arlin Voress Mayor Arlin Voress, under his report, thanked all for attending the third annual 'Government Open House' on Thursday, December 02, 1993. The Mayor congratulated Town Staff for a job well done in making the day a success. The Mayor advised a brochure prepared by the Solid Waste Authority of Palm Beach County informing citizens of collection centers where their used oil may be disposed of is available at Town Hall. Mayor Voress reminded Members of the various Town Advisory Boards and Committees the annual appreciation lucheon is scheduled for Friday, December 10, 1993, at noon at the Highland Beach Holiday Inn. The Mayor extended wishes for a Happy Holiday Season to all and, noting the Town's decorations look great, thanked Ted Hanna and his crew for a job well done. REPORTS - TOWN ATTORNEY Town Attorney Thomas E. Sliney was absent - no report. • REPORTS - TOWN MANAGER Town Manager Mary Ann Mariano, under her report, noting Mr. David Rustine of Tropic Investments, Inc., appeared before the Commis- sion at the November 30, 1993, Workshop Meeting with regard to his proposal to purchase a portion of property located at the Town's wellfields in Boca Raton, informed the Commission that Mr. Rustine is submitting his written request to withdraw said proposal. REPORTS - BOARDS AND COMMITTEES Mayor Voress, citing the scheduled meetings of the various Town Advisory Boards and Committees, noted a vacancy will occur on the Board of Adjustment when Member Robert Selby's three-year term expires in December. Noting Mr. Selby is eligible for reappoint- ment, the Mayor stated Board of Adjustment Chairman Cohen advised Mr. Selby would like to continue serving on said Board. A MOTION by COMMISSIONER RAND/COMMISSIONER AUGENSTEIN to reappoint Robert Selby to a three-year term on the Board of Adjustment carried without objection. PROPOSED ORDINANCES AND RESOLUTIONS 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, • PROVIDING FOR UTILITY RATE5, FEES AND/OR CHARGES, SPECIFICALLY AMENDING HIGHLAND BEACH CODE SECTION 24-13 OF CHAPTER 24 RELATING TO SOLID WASTE (GARBAGE, TRASH, AND RECYCLING CHARGES.) Town Commission Regular Meeting Minutes December 07, 1993 • Page 4 of 5 The ordinance, given first reading on 11/05/93 and published on 11/17/93, was read by title only. A MOTION was made by COMMIS- SIONER RAND/VICE MAYOR PAUL to adopt the ordinance. A roll call vote resulted in each Member casting an "AYE" vote for the MOTION. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 16 ENTITLED "MOTOR VEHICLES AND TRAFFIC" SECTION 16-3 ENTITLED "PARKING ON RIGHT-OF-WAY" OF THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH. The ordinance received first reading on 11/05/93 and was published on 11/17/93. The Town Clerk read same by title only. VICE MAYOR PAUL/COMMISSIONER EYPEL MOVED to adopt the ordinance. The result of the roll call vote was five "AYE" votes in favor of the MOTION. 3. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REPEALING RESOLUTION NO. 614 IN ITS ENTIRETY AND ADOPTING A NEW RESOLUTION SETTING POLICE FINES AND OTHER ADMINISTRATIVE FEES. The resolution, discussed at the November 30, 1993, Workshop Meet- ing, was read by title only. MOTION by COMMISSIONER RAND/COMMIS- SIONER AUGENSTEIN to adopt the resolution received unanimous approval. 4. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REQUESTING THAT THE CLINTON ADMINISTRATION AND CONGRESS PASS MEANINGFUL LEGISLATION TO END THE PRACTICE OF UNFUNDED MANDATES, AND TO INCLUDE IN ANY FUTURE MANDATE, PROVISIONS REQUIRING LOCAL GOVERNMENT INPUT, COST/BENEFIT ANALYSES, AND SCIENTIFI- CALLY SOUND ASSESSMENTS OF PURPORTED HEALTH, SAFETY, OR ENVIRONMENTAL RISK; REQUESTING OTHER MUNICIPALITIES TO ADOPT A SIMILAR RESOLUTION; PROVIDING AUTHORIZATION TO FURNISH COPIES OF THIS RESOLUTION TO ALL OTHER MUNICI- PALITIES IN PALM BEACH COUNTY, THE BOARD OF COUNTY COMMISSIONERS, THE PALM BEACH COUNTY LEGISLATIVE DELEGA- TION, OUR U.S. CONGRESSMEN AND SENATORS, INTERNATIONAL CITY MANAGERS' ASSOCIATION (ICMA) AND THE FLORIDA LEAGUE OF CITIES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. The Town Clerk read the resolution by title only. COMMISSIONER EYPEL/VICE MAYOR PAUL MOVED to approve the resolution. The MOTION received unanimous acceptance. Town Commission Regular Meeting Minutes December 07, 1993 Page 5 of 5 REGULAR BUSINESS Items Left Over None Consent Aqenda None ADJOURNMENT There being no further business to come before the Town Commission at the time, Mayor Voress, upon proper MOTION, adjourned the Regular Meeting at 2:00 p.m. APPROVED : ~•~~/'` ~~ Arlin ypress, MaY9,r, Bi~jl haul, V,~ce" Mayor ATTEST: ~_ ate : ~ i~~->t ~~_~~-4ti, ~ ~ . % 1 ~'~ Arth Eyp~ Commissio er !' / ~~ 7~8"fi"n F ~ R~d, Co~issoner vid Auger~~t~n, commissioner AMK