1999.01.26_TC_Minutes_Workshop~ .. .,
TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
WORKSHOP MEETING
Tuesday, January 26, 1999 1:30 P.M
Mayor Arlin G. Voress called the Workshop 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.
Town Attorney Thomas E. Sliney and Town Manager Ben Saag were also
present, as were members of the general public.
After roll call, the Pledge of Allegiance was given.
ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA
With no objection, the Agenda was accepted as written.
99.1 PUBLIC COL~IIKENTS AND REQUESTS
• .Joanne LaGuardia, Manager of Dalton Place Condominium (4748 S.
Ocean Blvd.) voiced complaints on behalf of the Boca Highland
condominium managers about the late garbage/trash pickups by BFI.
Town Manager Ben Saag responded that the Town was aware of problems
with BFI's service to the Town and the situation was being
monitored. Ms. LaGuardia was requested to arrange a meeting of the
Boca Hi condo managers with Mr. Saag to further discuss their
concerns. (A copy of Mr. Saag's memo to the Commission on this
matter is attached to and made part of these Minutes.)
.Mary Martorana, Seagate Condominium (3224 S. Ocean Blvd.) asked
the Commission to consider the addition of tennis courts behind
Town Hall. Mayor Voress responded that a straw ballot referendum
in March 1991 had resulted in a veto of any recreational facilities
behind Town Hall; however, the Commission was now in the process of
revisiting the idea through the efforts of Commissioner Augenstein
and Commissioner Sorrelli, who have been requested to submit a
proposal to the Commission.
99.2 BOARDS AND COI~iITTEES
Mayor Voress noted two (2) vacancies on the Code Enforcement Board
(Joseph A. Sarubbi/term completed and Jane Rayner/eligible for
reappointment); these will be addressed at the February Regular
Meeting.
• A recommendation from the Planning Board regarding changes to
height measurements for single family homes (Chapter 30/Zoning) was
Minutes of Town Commission Workshop Meeting
January 26, 1999 Paae 2 of 4
discussed at length with Planning Board Chairman Al Bresnahan,
Building Official Bob Dawson and Town Attorney Tom Sliney. Because
there was not unanimous agreement in interpretation of the proposed
changes, it was agreed to hold a Special Meeting of the Planning
Board, as soon as possible, to reach a consensus and then readdress
the Commission. (A copy of the Planning Board's recommendation
referred to herein is attached to and made part of these Minutes.)
99.3 PROPOSED ORDINANCES AND RESOLUTIONS
None.
MISCELLANEOUS - ITEMS LEFT OVER
The following sets of Minutes were moved to the February Regular
Meeting for further consideration and possible adoption:
December 29, 1998 - Workshop Meeting
January 05, 1999 - Regular Meeting
REPORTS - TOWN COMMISSION
Noting the vacancy in the Vice Mayor seat due to Thomas J. Reid's
• resignation (effective January 12) in order that he might run for
Mayor, Commissioner David Augenstein read Section 106(12) of the
Charter into the record and requested that he be considered to fill
the Vice Mayor slot for the remainder of Mr. Reid's term, i.e.,
until the March 09, 1999 municipal election. Discussion followed
regarding the legal aspects of accomplishing the Commissioner's
request. Noting the uniqueness of the circumstances, Attorney
Sliney said he will research the issue and have a resolution
relating to same for the Commission's review at the February
Regular Meeting. (A copy of the applicable section of the Charter
is attached hereto and made part of these Minutes.)
Interrupting Commission reports at this point, Mayor Voress invited
Dick Roy of the Harrison Uniform Co. to give his presentation on
bullet-proof vests or "body armor" for use by the Police
Department.
Mr. Roy gave particulars regarding types and weights of body armor
available and presented a sample vest for the Commission's
inspection. He suggested a level 2 weight for the Town's officers
and advised the cost to individually fit each man would be
approximately $400, with each vest having a life expectancy of
about f ive ( 5 ) years .
Chief Tony Cervasio said he would like to have the vests made
available for the force, with a waiver of liability being signed by
any officer not willing to wear one when on duty.
Minutes of Town Commission Workshop Meeting
. January 26, 1999 Paae 3 of 4
Concluding discussion, Mayor Voress requested that Chief Cervasio
submit a formal request for the vests to the Commission.
Returning to Commission reports, Commissioner John J. Sorrelli
requested the Commission's approval to look into the possibility
of adding more parking spaces in back of Town Hall. It was the
consensus of the Commission that he do so and report his findings.
Commissioner Michael W. Hill reported a meeting with the developer
of the Toscana project, during which the developer agreed to plant
shrubbery in front of its lengthy construction fence to ensure a
more aesthetically pleasing look along the bike path.
Mayor Arlin G. Voress reported that Attorney Michael T. Burke of
Johnson, Anselmo, Murdoch, Burke & George, P.A. had been assigned
by both Florida League of Cities and Titan insurance companies to
represent them in the complaint filed by former town manager Mary
Ann Mariano. It was agreed that Town Attorney Tom Sliney and
Attorney Larry Gorman closely follow the case on behalf of the
Town, and this will be a Consent Agenda item for the February
Regular Meeting.
The Mayor next introduced a Resolution initiated by the Palm Beach
• County Commission which, through amended state legislation, would
provide greater protection for the public when involved with
retrieving personal belongings from pawnbrokers and/or secondhand
dealers. It was moved to the February Regular Meeting Consent
Agenda.
REPORTS - TOWN ATTORNEY
Town Attorney Thomas E. Sliney had no report.
REPORTS - TOWN MANAGER
Town Manager Ben Saag reported on several issues:
.Assured he will continue to keep the Commission informed regarding
BFI's services to the Town.
.Advised employee health benefits have been switched to Aetna,
which, after review of several companies, was determined to be the
best as regards cost to the Town and service(s) to employees.
.Informed the Town has been recommended for Tree City USA status
for the 11th straight year.
.Noted a letter complimenting the postal employees.
•
• Minutes of Town Commission Workshop Meeting
January 26. 1999 Page 4 of 4
.Advised receipt of an unexpected check for $1700 from the
Department of Transportation, the Town's share of a recently
approved settlement fund to resolve the petroleum products price-
fixing case filed by the State of Florida.
.Announced the Town's Web Page is up and running, accessed via
Internet at www.ci.highland-beach.fl.us.
.Gave particulars of accomplishments thus far regarding the Town's
50th anniversary celebration to be held Thursday, February 1S,
10:00 A.M. to 3:00 P.M.
There being no further business to come before the Commission at
this time, Mayor Voress adjourned the Workshop Meeting at 2:55 P.M.
upon MOTION by COMMISSIONER SORRELLI/COMMISSIONER AUGENSTEIN.
dmt
APPROVE:
~~-~~~
Arlin G. Voress, Mayor
`,
1 ~~
David Augens
Commissioner
chael W. Hill, Commissioner
John J. Sorrelli, Commissioner
ATTEST:
Date / -~ /~- ~~' l" v
•
• MEMORANDUM
TO: Members of the Town Commission
FROM: Ben Saag, Town Manager
DATE: January 26, 1999
RE: BFI Waste Collection
Over the past three weeks, Stan Novak and I have met twice with BFI to discuss several
issues including service related concerns, over chazging for vegetation pick-up and a request from
BFI for a contract renewal beyond the year 2000. A third meeting is scheduled for February 9,
1999.
BFI had tentatively been scheduled to appeaz at the Town Council this month to discuss
their service and request an eazly renewal of their contract with the Town from the Commission.
I requested that BFI wait until a later meeting to appeaz so that I might better familiazize myself
with the issues involved and the conditions of their existing contract.
• Further, I have advised BFI that it is my opinion and recommendation that current
problems with service and overcharging need to be resolved prior to entertaining a request for an
extension. Several complaints have been lodged against BFI in recent weeks which need to be
resolved before moving forwazd with any other discussions. These include:
1. A large amount of missed pick-ups;
2. Changing out of building owned dumpsters for inferior BFI owned dumpsters;
3. Schedule changes without notification or consent of the Town
4. Failure to respond to resident complaints in a timely manner; and
5. Charging certain buildings directly for additional pick-ups which, if needed, should
be coordinated and billed through the Town.
I hope this delay is not an inconvenience to the Commission or the residents, however, I
feel it is in the best interest of the Town to have all of the facts prior to having a discussion on this
matter.
i
• DATE: January 14, 1999
TO: Town Commission
FROM: Al Bresnahan, Chairman
Planning Board
SUBJ: Chapter 30; Zoning Code
Recommendation for Height Change
At an advertised Public Hearing on January 13, the Planning Board
discussed subject Town Code re Height limitations, and upon
majority vote, recommends the following changes for approval and
adoption by the Town Commission.
Chapter 30; Zoninct
1) Section 13.7(b)(1)(2) (EAST of AlA); delete #1 and #2 and
replace with:
Height shall be measured from the datum established as
7-1/2 feet above Mean Sea Level (MSL).
• 2) Section 4.1(e)(10) (Residential Single Family Estatei;
Replace with:
10.(a) Maximum building height West of AlA: Thirty (30) feet.
(b) Maximum building height East of AlA: Forty-two and
one-half (42-1/2) feet above datum. See Section
13.7 (b) .
3) Section 4.2(e)(10) (Residential Single Family); replace with:
10.(a) Maximum building height West of AlA: Thirty (30) feet.
(b) Maximum building height East of AlA: Forty-two and
one-half (42-1/2) feet above datum. See Section
13.7 (b) .
Cordially,
Al red E. Bresnahan
/jd
cc: Planning Board P~embers
To~on Manager
Town Clerk
Town Attorney
•
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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.
{g} 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 la~v, 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 ..
amendments thereto, 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 of 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