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1993.08.03_TC_Minutes_Regularr ~ •. TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, August 03, 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 John F. Rand, and David Augenstein. Commissioner Arthur Eypel was absent. Others present were Town Attorney Thomas E. Sliney, Town Manager 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, as written, received unanimous acceptance. APPROVAL OF MINUTES The following sets of Minutes were submitted for approval: June 29, 1993 - Workshop Meeting July 06, 1993 - Regular Meeting MOTION by COMMISSIONER RAND/COMMISSIONER AUGENSTEIN to approve the Minutes as written carried without objection. PUBLIC COMMENTS AND REQUESTS None REPORTS - TOWN COMMISSION Vice Mayor Bill Paul Vice Mayor Bill Paul had no report. Commissioner Arthur Eypel Commissioner Arthur Eypel was absent - no report. Commissioner John F. Rand Commissioner John F. Rand, noting he had no report, stated the Finance Director submitted a letter advising the State Pool Investment Fund will change the fee charged for their service. Town Commission Regular Meeting Minutes August 03, 1993 • Page 2 of 6 The Commissioner, noting the Town has reduced its participation in said fund by 1.5 million dollars, Commissioner Rand stated he would like to be informed when the Finance Director learns what that 'new' service fee will be. Commissioner David Augenstein Commissioner David Augenstein, noting he had no report, responding to Attorney Sliney's query at the July Workshop Meeting, advised the home under construction on the Boca Hi B & C site is a two- story building with approximately 8,000 sq. ft. and a pool; 121 pilings have been placed to support the entire unit. Commissioner Augenstein stated there has been a bid to RTC for the B & C site, with a possible second bid submitted for that property. Mayor Arlin Voress Mayor Arlin Voress, under his report, noted the Florida League of Cities Breakfast is set for Saturday, August 14, at 7:30 a.m. in Fort Lauderdale. The Mayor, Commissioner Eypel, and Town Manager Mariano plan to attend; they will leave from Town Hall. The Mayor advised Police Officer Steve Gure will be retiring from • the Highland Beach Police Department on August 13, 1993. Mayor Voress, on behalf of the Town Commission, extended best wishes on the Officer's retirement noting he has many friends in Town and will be missed by all. Mayor Voress noted Police Chief Bill Cecere is back from vacation. The Mayor, noting Mr. Eliot Woronoff is taping today's proceed- ings, suggested the Commission accept Mr. Woronoff's proposal to videotape the Commission Meetings at $100.00 per session. COMMIS- SIONER RAND/COMMISSIONER AUGENSTEIN MOVED to accept the proposal. When Town Manager Mariano recommended a time-frame be included in the approval, Vice Mayor Paul recommended the approval be for the remainder of this calendar year. COMMISSIONER RAND/COMMISSIONER AUGENSTEIN accepted the modification of the original MOTION which modified MOTION carried without objection. Mayor Voress noted there will be a Public Hearing of the Town Commission on August 31, 1993. This Public Hearing will be ad- vertised 15 days and 5 days before the scheduled date and will give the Town the opportunity to discuss whether or not the Adelphia Cable Television Franchise will be renewed. Town Commission Regular Meeting Minutes August 03, 1993 • Page 3 of 6 REPORTS - TOWN ATTORNEY Town Attorney Thomas E. Sliney reported he received all the docu- ments for amendment of the Drexel Investment Settlement Agreement. The Town Manager and Town Attorney will review said documents which will then be executed by the Mayor and Town Manager. The Mayor noted drawings with the requested setbacks for this property have been submitted to the Town's Building Department. REPORTS - TOWN MANAGER Town Manager Mary Ann Mariano, under her report, thanked the Town Commission, staff, and residents for their kind expressions of sympathy in the recent loss of her father. The Town Manager noted we do not have any one registered for the Florida League of Cities Conference taking place from August 12 through the 14. If any one desires to participate in this confer- ence, they are requested to contact the Town Manager as soon as possible to advise what registration should be made; it was noted spousal registrations are necessary. REPORTS - BOARDS AND COMMITTEES • Mayor Voress, noting the scheduled meeting dates of the various Town Boards and Committees, stated a vacancy exists on the Plan- ning Board. VICE MAYOR PAUL NOMINATED Talent Bank Applicant Domenic Marino to a three year term on the Planning Board noting said application, submitted in 1992, indicated an interest in the Planning Board. COMMISSIONER RAND SECONDED the NOMINATION but stated that the Com- mission tries to make appointments according to chronological order. However, Talent Bank Applicant Daniel Lowenthal indicated a preference to serve on the Board of Adjustment on his applica- tion (submitted two months prior to Mr. Marino's application) and, since he is a lawyer by profession, Commissioner Rand feels Mr. Lowenthal could better serve the Town by being considered for ap- pointment to the Code Enforcement Board or the Board of Adjustment when a vacancy occurs. PROPOSED ORDINANCES AND RESOLUTIONS 1. AN ORDINANCE AMENDING SECTION 3.05 OF THE CHARTER OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ENTITLED "SALARIES OF COMMISSIONERS AND MAYOR RESTRICTED". n U Town Commission Regular Meeting Minutes August 03, 1993 Page 4 of 6 The Ordinance, given first reading on 07/06/93 and published on 07/16/93, was given final reading by title only. Commissioner Rand, noting residents are under the mistaken impression Commis- sioners only spend 3 to 4 hours on this job, but Commissioners actually spend more hours preparing for Town Meetings as well as being involved in various aspects of government, i.e. the County, Hurricane Preparedness, Coastal Construction Control Line, Fire/Rescue Service, litigation in Miami, etc., all of which require many hours of preparation. Commissioner Rand read a list of Florida Municipalities whose Town Commission meet only once a month and who pay their Mayor as much or even more than what is being proposed by this ordinance. (It should be noted that our Commissioners are paid $100.00 per month less than the Mayor). COMMISSIONER RAND stated "in clear conscience, the Commission deserves the increase proposed" and made a MOTION this ordinance be adopted. COMMISSIONER AUGENSTEIN SECONDED the MOTION. Vice Mayor Paul noted he remains opposed for reasons stated pre- viously. The Vice Mayor stated "it is not a salaried position, it's to be of service to my community. Many voluteer their time for no compensation; the stipend we are paid is sufficient and I am opposed for those reasons". With the MOTION on the floor, a roll call vote resulted as follows: Commissioner Rand "AYE" Commissioner Augenstein "AYE" Vice Mayor Paul "NO" Mayor Voress "AYE" The MOTION carried with three "AYE" and one "NO" vote. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING SECTION 6.5 (b) OF SECTION 6.5 ENTITLED "NON- CONFORMING STRUCTURES" OF CHAPTER 30 ENTITLED "ZONING" OF THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH REGARDING REGULATIONS APPLICABLE TO THE RECONSTRUCTION OF A STRUCTURE DESTROYED BY A CATASTROPHIC EVENT. The Ordinance., given first reading on 07/06/93 and published on 07/16/93, received final reading by title only. VICE MAYOR PAUL/ COMMISSIONER RAND MOVED adoption of this ordinance. The following is a result of a roll call vote: Vice Mayor Paul "AYE" Commissioner Augenstein "AYE" Commissioner Rand "AYE" Mayor Voress "AYE" • LJ Town Commission Regular Meeting Minutes August 03, 1993 Page 5 of 6 3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 2 ENTITLED "ADMINISTRATION" SECTION 2-76 (a) REGARDING THE COMMUNITY APPEARANCE BOARD; CHAPTER 20 ENTITLED "PLANNING AND DEVELOPMENT" SECTION 20-26 (a) REGARDING THE PLANNING BOARD AND SECTION 20-46 REGARDING THE BOARD OF ADJUSTMENT, OF THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, FLORIDA, RE- GARDING REGULATION OF MEMBER ABSENCES OF THE AFORESAID BOARDS. The Ordinance was given first reading by title only. Same will be placed on the August Workshop Agenda for additional discussion. During discussion of this item, Vice Mayor Paul stated this ordi- nance is not necessary. The Vice Mayor noted, some years ago, former Mayor Stewart went over each Town Board which resulted in a Notebook prepared for each Member. There was no feeling all Board policies need to be consistent as each Board has a unique position in our Town's operation. Noting it costs money to put an ordi- nance in place, the Vice Mayor reminded all that the Town recently did a recodification of the Town Code of Ordinances. Commissioner Rand stated this ordinance change is being made because the Chair- men of all our Boards requested it. Commissioner Augenstein stated that Board Chairmen should have the discretion to excuse a Member's absence without penalty which is what this ordinance change provides. 4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, TO EFFECT A TAX LEVY BA5ED UPON THE 1993 TAX ROLL OF THE TOWN OF HIGHLAND BEACH. The ordinance was given first reading by title only and will be placed on the August Workshop Agenda for further discussion. 5. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPROPRIATING FUNDS FOR THE FISCAL YEAR 1993-94, BEGIN- NING OCTOBER 1, 1993 AND ENDING SEPTEMBER 30, 1994. First reading by title only was given to this ordinance which will be an Agenda Item for the August Workshop Meeting. 6. RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPROVING THE COMPREHENSIVE PLAN AMENDMENT COORDINATED REVIEW INTERLOCAL AGREEMENT AND THE MULTI-JURISDICTIONAL ISSUES COORDINATION FORUM INTERLOCAL AGREEMENT AND AUTHORIZING THE MAYOR OF THE TOWN COMMISSION TO EXECUTE SAME. Town Commission Regular Meeting Minutes August 03, 1993 • Page 6 of 6 The proposed resolution was deferred to the August Workshop Meet- ing Agenda to allow the Commissioners the opportunity to review the "Comprehensive Plan Amendment Coordinated Review Interlocal Agreement" and "Multi-Jurisdictional Issues Coordination Forum Interlocal Agreement" prior to considering approval. 7. RESOLUTION AUTHORIZING THE ENTERING INTO OF AN INTER- LOCAL AGREEMENT FOR WATER QUALITY MONITORING REQUIRED UNDER THE EPA MUNICIPAL SEPARATE STORM SEWER SYSTEM NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT. The above resolution was approved unanimously upon MOTION by VICE MAYOR PAUL/COMMISSIONER AUGENSTEIN. 8. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ENTERING INTO AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE TOWN REGARDING THE LOCAL OPTION GAS TAX. The resolution received unanimous acceptance upon MOTION by COM- MISSIONER RAND/COMMISSIONER AUGENSTEIN. REGULAR BUSINESS • Items Left Over - None Consent Agenda - None ADJOURNMENT There being no further business to come before the Commission at this time, upon proper MOTION and SECOND, Mayor Voress adjourned the Regular Meeting at 2:15 p.m. r_. APPROVED : ~..% . ~ ,'-~ ~ _____ __ Arl n ress, M (absent ) -"" Arthur Eypel, Commissioner B 11 Paul, V~Iayor . R d, Co issioner 2i~ David Augens 'n, Commissioner •