1999.02.02_TC_Minutes_Regularf
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TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, February 02, 1999 1:30 P.M.
Mayor Arlin G. Voress called the Regular Meeting to order in
Commission Chambers at 1:30 P.M.
Town Clerk Doris Trinley called the roll. The Mayor and
Commissioners David Augenstein, Michael W. Hill and John J.
Sorrelli were present.
Also present were Town Attorney Tom Sliney and Town Manager Ben
Saag, as were members of the general public.
Following roll call, the Pledge of Allegiance was given.
ADOPTION OF AGENDA
Mayor Voress advised that Alfred E. Bresnahan, Planning Board
Chairman, had requested the proposed ordinance regarding single
family height limitations, scheduled to be discussed under the Town
Attorney's report, be withdrawn as an agenda item because the
Planning Board had voted to engage a consultant in this regard, as
it had been determined that further consideration was in order
before the matter was presented to the Commission as a proposed
code amendment. With no objection, the Agenda was accepted with
this change.
APPROVAL OF MINUTES
Upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER HILL the
following sets of Minutes were unanimously approved:
December 29, 1998 - Workshop Meeting
January O5, 1999 - Regular Meeting
PUBLIC COMMENTS AND REQUESTS
Chris Koumis and Ronnie Svenstrup, both of the Seagate Condominium,
petitioned the Commission to consider the addition of tennis courts
in the area behind Town Hall.
REPORTS - TOWN COMMISSION
There were no reports from Coamnissioner David Augenstein,
Commissioner Michael W. Hill and Commissioner John J. Sorrelli.
Minutes of Town Commission Regular Meeting
February 02, 1999 Pale 2 of 4
Mayor Arlin G. Voress gave particulars regarding the Town's 50th
Anniversary Celebration on Thursday, February 18, 10 AM - 3 PM.
He also reminded that qualifying for the March 9 election ends
Tuesday, February 9, at 12 noon.
REPORTS - TOWN ATTORNEY
Town Attorney Thomas E. Sliney discussed the proposed resolution
appointing Commissioner David Augenstein Vice Mayor until the March
9 election, advising he had conferred with Supervisor of Elections
Theresa LePore, who in turn informed she found no legal objection
to such action. Mr. Sliney also suggested that if Mr. Augenstein
was favorably considered by the Commission in this regard, his
appointment be made effective February 10-March 9, so as to avoid
the Commission having to address Mr. Augenstein's resigned
Commission seat which, according to Charter Section 1.06(12), would
need to be filled within 30 days of said resignation.
After stating for the record that he would not run for any office
in the March 9 election, Motion was then made by Commissioner
Augenstein and seconded by Commissioner Sorrelli that the Town
Commission appoint Commissioner Augenstein to fill the Vice Mayor
vacancy created by the resignation of Thomas J. Reid, effective
February 10, 1999 through March 09, 1999. Roll call met with
• unanimous favorable vote.
(Copy of Charter Section 1.06(12), copy of aforementioned
Resolution and original of Commissioner Augenstein's Commission
seat resignation attached hereto and made part of these Minutes.)
REPORTS - TOWN MANAGER
Town Manager Ben Saag had no report.
REPORTS - BOARDS AND COMMITTEES
Leonard D. Bell, Chairman of the Historical Society, submitted a
request for a $5,000 expenditure to be funded from the Town's 1998-
1999 budget, which was unanimously approved upon MOTION by
COMMISSIONER SORRELLI/COMMISSIONER HILL. In addition to Mr Bell,
members James F. Neihoff and Thomas J. Reid spoke to the work of
the society and how it would be accomplished.
The Board Action Report for January was accepted as information.
Two (2) vacancies on the Code Enforcement Board were filled as
follows:
Albert McNamara was unanimously appointed to a two-year term
upon MOTION by COMMISSIONER HILL/COMMISSIONER SORRELLI.
i Jane Rayner was unanimously reappointed to a two-year term
upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER SORRELLI.
Minutes of Town Commission Regular Meeting
February 02, 1999 Paae 3 of 4
Mayor Voress read the schedule of Board Meetings for February into
the record.
PROPOSED ORDINANCES AND RESOLUTIONS
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING ORDINANCE N0. 672, WHICH APPROPRIATED FUNDS FOR
FISCAL YEAR 1997-1998, WHICH BEGAN OCTOBER 1, 1997 AND
ENDED SEPTEMBER 30, 1998. (first reading)
REGULAR BUSINESS
Items Left Over
Upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER SORRELLI, Chief
Tony Cervasio's formal request for bullet-proof vests (body armor)
for the Police Officers was unanimously approved (Memorandum
submitted by the Chief in this regard attached to and made part of
these Minutes.)
Consent Agenda
Upon MOTION by COMMISSIONER SORRELLI/COMMISSIONER AUGENSTEIN, the
following consent agenda items were unanimously approved:
1) A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
IN SUPPORT OF A REQUEST FOR THE STATE LEGISLATURE TO
ENACT NEW LAWS REGULATING PAWNBROKERS. (Copy
attached to and made part of these Minutes.)
2) A REQUEST BY THE TOWN COMMISSION THAT, ON BEHALF OF THE
TOWN AND TO KEEP THE COMMISSION INFORMED, TOWN
ATTORNEY THOMAS E. SLINEY AND ATTORNEY LARRY
CORMAN CLOSELY FOLLOW THE PROCEEDINGS OF THE
FORMER TOWN MANAGER'S COMPLAINT AGAINST THE
TOWN.
ADJOURNMENT
There being no further business to come before the members at this
time, and upon MOTION by COMMISSIONER AUGENSTEIN/COMMISSIONER
SORRELLI, Mayor Voress adjourned the Regular Meeting at 2:30 P.M.
dmt
Minutes of Town Commission Regular Meeting
February 02, 1999 Page 4 of 4
APPROVE:
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Arlin G. Voress, Mayor
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David Au
n, Commissioner
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ill, ~ommissio~ter
John Jj Sorrelli, Commissioner
Attest:
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§ 1.06 HIGHLAND BEACH CODE
(7) Within twenty-four (24) hours after any election or refer-
endum, the commission shall meet and publicly canvass the re-
turns and certify the results.
(8) Commissioners shall take office immediately upon certifi-
cation of the election results and shall remain in office until the
election and certification of their successors.
(9) [Reserved.]
(10) Any person who has qualified and is an elector of the State
of Florida and who registers in the procedural manner prescribed
by general law, and who has resided within the territorial limits
of the Town of Highland Beach for a period of thirty (30) days
preceding an election shall be a qualified elector of the munici-
pality and shall be entitled to vote in any municipal election of
said town.
(11) The provisions of Chapter 101, Florida Statutes, and any v---
amendmentsthereto, providing for the casting of absentee ballots ~ '!
shall apply to any general, special or primary election, or refer-
. endum in which any qualified elector may vote.
' (12) In case of vacancy in the commission, the remaining com-
missioners within thirty (30) days after the beginning of such
vacancy, shall by resolution fill such vacancy or vacancies by
appointment until the next regular general election.
Sec. 1.07. Rules o~ procedure; quorum; meetings.
The commission may enact rules of procedure and may pre-
scribepenalties for the non-attendance or disorderly conduct of its
members and enforce the same. A majority of the members of the
commission shall be necessary to constitute a quorum for the
transaction of business, but a smaller number must adjourn, and
under the provisions of ordinances or rules of procedure may
compel the attendance of absent members by imposition of fines
and penalties. The commission shall hold at least one (1) regular
meeting each month in such building as shall be designated by it
as the town hall, at a fixed day and' hour.
Sec. 1.08. Oath of office.
Each commissioner, before entering upon the discharge of the ~~
duties of his or her office, shall take and subscribe the following `~
Supp. No. 4 6
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RESOLUTION NO. 7 2 7
A RESOLUTION OF THE TOWN OF HIGHLAND BEACH,
FLORIDA, APPOINTING DAVID AUGENSTIIN AS VICE
MAYOR THROUGH MARCH 9, 1999, TO FILL THE
VACANCY CAUSED BY THE RESIGNATION OF FORMFI2
VICE MAYOR THOMAS J. REID WHO RESIGNED
EFPECTIVE JANUARY 12, 1999
WHEBF.A3, former Vlcc Mayor Thomas J. Reid resigned his nositi4,tn as Vice
Mayor of the Town of Highland Beach, effective January 12, 1999; and
S, the Town Charter, Section 1.06(12) requires the Town Commission
to fill a vacancy~in the Town Commission within 30 days; and
NOW, TH.EREF'OBE, SE IT ORDAYNID by the Town Commission of the Town
of Highland Beach, Florida, that:
Section 1. David Augenstein is appointed Vice Mayor through March 9, 1999.
Section 2. Tha appointm4nt is conditioned upon David Augenstein's resigning as
Commissioner of the Town of Highland Beach effective February 10 , 19 9 9 and his
appointment as Vicc Mayor shall be effective on February l0 ,
PASSED AND ADOPT>~ by the Town Commission of the Town of Highland Beach
this '2nd day of February 1999.
,
`- Arlin G. Voress, Mayor
ATTEST: ~• /~~~
Doris Trinley
Town Clerk
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Vice Mayor:
Thomas J. Reid
Commissioners:
3614 SOUTH OCEAN BOULEVARD • HIGHLAND BEACH, FLORIDA 33487 Da~idAugenstein
Michael W. Hill
John J. Sorrelli
Palm Beach County, Florida 561-278-4548
FAX 561-265-3582 Town Manager:
Ben swag
February 02, 1999
Town Commission
Town of Highland Beach
3614 South Ucean 3oulevard
Highland Beach, Florida 3347
My Fellow Commission Members:
• Pursuant to my being appointed at today's Regular Meeting of the Town Commission as
Vice Mayor, for the period February i 0, 1999-March 09, 1999, 1 respectfully submit my
resignation as Commissioner effective February 10, 1999.
I look forward to continuing to work with all of you in the best interests of the Town.
Sincerely,
~~
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David Augenst m
cc: Office of the Governor
Department of State
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"Tree City U.S.A."
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POLICE DEPARTMENT
Town of Highland Beach
3612 SOUTH OCEAN BOULEVARD
HIGHLAND BEACH, FL 33487
Palm Beach County, Florida
ADMINISTRATION 561-278-4548
COMMUNICATIONS 561-276-2458
FAX 561-274J457
EMERGENCY 911
T0: MAYOR ARLIN G. VORESS
AND TOWN COMMISSIONERS
FROM: ANTHONY M. CERVASIO
CHIEF OF POLICE
SUBJ: PROTECTIVE BODY ARMOR
DATE: JANUARY 27, 1999
Honorable Mayor Voress and Town Commissioners:
I am requesting that the Town Commission allow me to equip all
members of the Highland Beach Police Department with Body Armor
(Bullet Proof Vests).
Aside from the obvious safety factor, we must consider the in-
surance liability standpoint should a serious injury or even a
• death occur.
As stated by Mr. Dick Roy a representative of Harrison Uniform
who gave a presentation to the Town Commission Workshop Meeting
on January 26, 1999 the cost would be approximatel~r $400.00 per
officer with a life expectancy of the vest to be about five (5)
years. Total cost to be approximately $4,400,00 for the initial
investment.
All officers would be required to sign a Release of Liability
Waiver should a serious injury or death occur if it could have
been avoided by wearing the body armor.
Thanking you in advance for your consideration in this matter.
i erely:
Cervasio
Chief o olice
cc: TOWN MANAGER
"Tree City U.S.A."
RESOLUTION ~ 2 8
A RESOLUTION OF THE TOWN COMMISSION OF THE
. TOWN OF HIGHLAND BEACH, fLORIDA, IN SUPPORT OF
A REQUEST FOR THE STATE LEGISLATURE TO ENACT NEW
LAWS REGULATING PAWNBROKERS.
Whereas, the pawnbrokers/second hand dealers within the State of Florida have expanded rapidly over
the Last few years; and
Whereas, the State Legislature enacted State Statute 539 regulating pawnbrokers on a statewide basis under
the Florida Department of Agriculture and Consumer Services; and
Whereas, in Florida Statue 539 the State superseded all previous local laws and restricted the ability of
local governments to enact new laws pertaining to pawnbrokers; and
Whereas, pawnbrokers knowingly or unknowingly deal in stolen property; and
Whereas, it has been found that invariably pawnbrokers provide incorrect and inaccurate records on
transactions; and
Whereas, to reduce crime, arrest criminals, keep updated records and assist victims in recovering stolen
items, an amendment to florida Statute 539 is necessary.
NOW, THEREFORE BE IT RESOLVED by the Town Commission of the Town of Highland Beach, Florida, that:
in1
The Town Commission of the Town of Highland Beach, Florida, hereby supports a request for the State Legislature
to enact new laws regulating pawnbrokers with the following recommendations:
ection 2
A) Restoring Property rights to victims.
(Changes in the Statute allowing for easier recovery of stolen property 6y victims. The Statute
makes recovery of stolen property difficult, time consuming and expensive for the victims. The
Statute should be changed to give victims back the rights to their stolen property.)
B) Removing conflicting provisions in Florida Statute 339.001.
(Existing Florida Statute states in part that '...Any county or municipality may enact ordinances that are
in compliance with, but not more restrictive than this section...' This should be changed so that counties
and municipalities can enact more restrictive laws if deemed necessary.)
C) Provide criminal penalties for repeated record keeping violations.
(Many pawnbrokers have repeatedly provided incorrect information on transactions to law enforcement.
This statutory amendment will provide for a felony charge for pawnbrokers who have been convicted three
(3) times for knowingly providing false information.)
Section 3
That this resolution become effective immediately upon iu passage.
Passed and Adopted this ~~ of ,C.G• 1999.
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Arlin G. Voress, Mayor
Attest:
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