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1995.04.04_TC_Minutes_RegularV TOWN OF HIGHLAND BEACH MINUTES OF TOWN COMMISSION MEETING REGULAR MEETING April 04, 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 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. After roll call, the Pledge of Allegiance was given. ADOPTION OF AGENDA The agenda was amended and accepted to include remarks by John Archambo of BFI/County Sanitation relative to a proposed amendment 04 to the existing BFI/County Sanitation contract which pertained to exclusive use of their containers for construction debris. PUBLIC COMMENTS AND REQUESTS Jose Echeverria, coordinator of the Town's turtle program and on- going beach clean-up project, reported that he and several of the volunteers had recently attended a turtle program seminar; a number of residents participated in the recent beach clean-up day, adding to the success of that event, which was held to coincide with that of the County. ADDENDUM TO BFI/COUNTY SANITATION CONTRACT Because the addendum to the Town's contract with BFI/County Sanitation regarding exclusive use of their containers for construction debris had been previously discussed at length at the March Workshop, there was little deliberation at this time. Exhibit 'A' had been added to the addendum, which noted the rates for the various container sizes, as well as the fact that there would be no rental charge if a container was in use for less than 30 days. It was pointed out that this action would not only be beneficial to users of the containers because of the good rates and no charge for less than 30 days' use, but also for the Town in that a 5s franchise fee would be realized, the same as called for in the original contract. Town Commission Regular Meeting - Minutes April 04, 1995 Page 2 of 6 Concluding discussion, MOTION by VICE MAYOR PAUL/COMMISSIONER AUGENSTEIN to approve the addendum met with unanimous favorable roll call vote. REPORTS - TOWN COMMISSION Vice Mayor Bill Paul asked that the Town Manager get information on the "Adopt A Highway" program whose signs are prevalent along State Road AlA. He suggested that getting the Town involved in this program might prompt an increased sense of community spirit. Commissioner John F. Rand reported on his recent meeting with Delray Fire/Rescue Chief Robert Rehr, his Deputy and Town Manager Mary Ann Mariano regarding the possibility of equipping the fire engine truck now under construction for the Town with medical equipment, to cover those times when the fire/rescue vehicle is away from the station for re -fueling or the like. Chief Rehr's letter, wherein he recommended the installation of portable life- support capability, was reviewed. Monies involved would be a one- time cost of about $18,145 to install, plus an approximate $16,840 yearly to cover additional personnel costs and medication replacement. Commissioner Rand advised that these costs were more than what were anticipated and, after further deliberation, it was ascertained and recommended that the use of A.E.D. (Automatic Electronic Defibrillation) equipment would provide residents with back-up diagnostic testing to ensure that calls would be dealt with immediately on those occasions when the rescue vehicle was unavailable. However, the Commissioner emphasized that in such an instance a rescue vehicle would still be notified to answer the call. Installation of the A.E.D. equipment would incur a one-time cost of approximately $7,000; there would be no follow-up or subsequent yearly costs regarding personnel or medication replacement. Further, Commissioner Rand advised that a letter from Chief Rehr recommending the installation of the A.E.D. equipment would be forthcoming; also, fire/rescue personnel will give a demonstration of the equipment at the April Workshop Meeting. Mayor Arlin G. Voress explained the benefits of the Town entering into a proposed interlocal agreement with the County, which would provide for the Town's share of reimbursement from the proceeds of the Local Option Gas Tax. The Mayor further advised that the Town is already committed to this kind of agreement with the County, but the existing agreement will end in August of this year, with the County looking for a continued commitment by May 31. Tbwn Commission Regular Meeting - Minutes April 04, 1995 Page 3 of 6 In conclusion, a resolution acknowledging the entering into said agreement with the County was unanimously adopted upon MOTION by COMMISSIONER RAND/COMMISSIONER AUGENSTEIN. Neither Commissioner Arthur Eypel nor Commissioner David Augenstein had a report for this meeting. Town Manager Mary Ann Mariano addressed the Mayor's concern that he had not received written notice of the results of the lead and copper water testing done at his home, among others, late last year. Substantial discussion ensued, wherein Mayor Voress said he felt strongly that regardless of the State's requirement that only those volunteers whose testing exceeds action levels be notified, which requirement the Town did meet, in the future all volunteers should receive notice of any water testing results in writing so they would be apprised of applicable action levels and any potential hazards. The Town would then also have a record that notification had been accomplished. Concluding discussion, the Mayor's proposal was adopted as Town policy upon MOTION by VICE MAYOR PAUL/COMMISSIONER RAND, with unanimous favorable vote. Ms. Mariano next gave the results of a 6 -month study ending March 31 regarding wastewater flow data. She advised the difference in gallons had been determined between this period and the same period last year and this information was now being equated to Delray's billing periods. C.O.'s issued during this 6 -month period were also built into the information to determine what could logically be assumed to be the difference in the wastewater flow from last year to this year. It would appear that between $45-50,000 will be due the Town from the City of Delray Beach. Ms. Mariano said this figure would most probably increase during the next 6 -month period, because expected drier weather will result in a decrease of stormwater being pushed through the system. It was also noted that both Delray and the Town are involved in monitoring the new meter. Concluding her report, Ms. Mariano advised that with the assistance of the Town Attorney, Attorney Rusty Roberts and Commissioner Augenstein, she was close to requesting that a Town Commission meeting be held for the purpose of making a presentation regarding the Milani issue. REPORTS - BOARDS AND COMMITTEES The Board Action Report for March was accepted as information. After advising of the various Board meetings scheduled for the month of April, 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 Behrman being eligible for reappointment and Paul Heetmann completing his 6 -year term. Town Commission Regular Meeting - Minutes April 04, 1995 Pacre 4 of 6 Commissioner Rand then nominated David Yarosh to the Code Enforcement Board and Abe Futernick to the Community Appearance Board. There were no other nominations and both gentlemen were appointed unanimously. The Commissioner also nominated Eugene Behrman for reappointment to the Community Appearance Board, which also met with unanimous approval. Noting that the Town's Talent Bank was depleted, Commissioner Rand urged his fellow Commission members to encourage residents to submit applications for service on Town Boards. He complimented Commissioner Augenstein's success in so doing, and further noted the importance of the Boards and the fact that the Commission depends on input from members. PROPOSED ORDINANCES AND RESOLUTIONS The following Ordinances were given final reading: 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) MOTION to adopt by COMMISSIONER EYPEL/VICE MAYOR PAUL, met with unanimous favorable roll call vote, as did an AMENDMENT to the MOTION by COMMISSIONER AUGENSTEIN/VICE MAYOR PAUL to include a 60 - day grace period from the effective April 04, 1995 adoption date for real estate firms now advertising in Town to come into conformance as regards the new size requirements for real estate signage, with no additional permit fees being charged. 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 further discussion to this proposed code amendment, which states that the Town will not regulate the use of the new, digital satellite dishes 24" or less in diameter. Upon MOTION by COMMISSIONER RAND/VICE MAYOR PAUL, the ordinance was unanimously adopted by roll call vote. 3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REPEALING CHAPTER 15 ENTITLED "LICENSES AND LICENSE w TAXES," ARTICLE III ENTITLED "HOTELS, MOTELS AND DINING FACILITIES" IN ITS ENTIRETY, AND SUBSTITUTING IN LIEU Town Commission Regular Meeting - Minutes April 04, 1995 Page 5 of 6 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) No further discussion took place regarding this proposed ordinance, which called for a reasonable increase in rates and clarified definitions contained in existing Chapter 15. It was unanimously adopted by favorable roll call vote upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER EYPEL. 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; Final Reading 04/04/95) Having previously engaged in lengthy deliberation and consideration of this proposed ordinance, there was no further discussion among the Commission members. Following MOTION by COMMISSIONER RAND/ COMMISSIONER AUGENSTEIN, it was adopted on roll call vote as follows: COMMISSIONER AUGENSTEIN........ AYE VICEMAYOR PAUL................AYE COMMISSIONER RAND ..............AYE COMMISSIONER EYPEL.............AYE MAYOR VORESS...................NAY REGULAR BUSINESS Items Left Over None. AL Town Commission Regular Meeting - Minutes April 04, 1995 Pane 6 of 6 Consent Agenda A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REPEALING RESOLUTION NO. 655 AND PROVIDING FOR THE APPOINTMENT OF A TOWN CLERK. Upon MOTION by VICE MAYOR PAUL/COMMISSIONER AUGENSTEIN, it was unanimously voted that Acting Town Clerk Doris Trinley be appointed Town Clerk. There being no further business to come before the Commission at this time, the meeting was adjourned at 2:20 P.M. upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER RAND. dmt ATTEST: DATE: Arlin G. Voress, Mayor Z'4� Z4�� Paul, V ce Mayor aA�� �J I Arthur Eype , Co ssioner Owls � � G Qli� ti David Auugenstei� Commissioner ohrr-F- Rand, Commissions