1988.12.06_TC_Minutes_RegularTOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
REGULAR MEETING
Tuesday, December 6, 1988 1:30 P.M.
The Regular Meeting of the Town Commission was called to order at 1:30
P.M. in the Commission Chambers at Town Hall by Mayor Betty Jean
Stewart. Others present were Vice Mayor John J. Basso, Commissioners
Doris R. Rome and Marvin A. Waldman. Commissioner Robert F. Scholz was
absent.
Also in attendance were Town Attorney Thomas E. Sliney, Town Manager
Mary Ann Mariano, Deputy Town Clerk Anne M. Kowals and members of the
general public.
Following roll call, the Pledge of Allegiance was given.
Adoption of Agenda
At the recommendation of the Mayor, the Agenda was amended to include
under Regular Business, Item No. 3, the Board'a Member Information
Notebooks. Upon MOTION by VICE MAYOR BASSO/COMMISSIONER ROME, the
Agenda was adopted as amended. Said MOTION carried unanimously.
Approval of Minutes
The following Minutes were submitted for consideration:
October 25, 1988 - Workshop Meeting
November 01, 1988 - Regular Meeting
November 01, 1988 - Public Hearing/Special Meeting
November 18, 1988 - Workshop Meeting
MOTION was made by VICE MAYOR BASSO/COMMISSIONER ROME to approve the
Minutes as submitted. The MOTION carried without objection.
Public Comments and Requests
None.
REPORTS - TOWN COMMISSION
Mayor Betty Jean Stewart
Mayor Stewart reported that she attended the Beaches and Shores Council
Meeting on November 14, 1988, and noted that the activities of the
Council included the review of a Beach walk-aver project in Town. The
Mayor noted that the State mandates all projects be reviewed by the
Beaches and Shores Council; however, the appropriateness of such review
is under reconsideration. Additional reports regarding the Comprehen-
sive Beach Management Plan were given--this matter will be discussed at
the December 12, 1988, Beaches .and Shores Council Meeting.
• Town Commission Regular Meeting Minutes
December 6, 1988
Page 2 of 7
Mayor Stewart noted that at the last meeting of the Town Commission, she
discussed a fund for the Highland Beach Police Officers; and, she would
like to establish such fund by Resolution, if the Town Commission would
like to consider the matter. The Mayor further stated that she
contacted the Town's Auditors who advised that this matter could be a
designated account (a separate account fund}.
Commissioner Rome noted her objection to such fund would be the fact
that the Police have other funds that are available to them; and, at a
time when there is no fatality or injury, this fund would not get any
kind of funding. If and when something happens, people in Town have
been generous in the past. At a time of need, we could do something;
not now.
Vice Mayor Basso stated, along the
Commission can go into this matter
pandora's box. We have not looked
administrating of the funds, etc.
funds to take care of their own; t
along with this matter.
same line, that he did not think the
at this time; it will open a
into the management of the funds, the
The Police Department has sufficient
he Vice Mayor stated he would not go
• Mayor Stewart stated the Resolution would be laid aside.
The Mayor acknowledged receipt of a letter from Centel Cable, dated
December 1, 1988, informing the Mayor that the boards of directors of
Centel Corporation and Centel Cable Television Company are seeking
proposals for the purchase of Centel Cable.
Mayor Stewart noted that a progress report on the Hidden Harbor Project
was received and work is going on at that site. When Vice Mayor Basso
questioned if the Building Official checked the site out, the Town
Manager advised that Building Official Hardy (and Mr. Cook representing
Hidden Harbor) walked the site and made notations. It was noted that
the first report is more mobilization - the next report will be more
vital. The Town Manager advised that the Building Official will give a
staff report as to the accurateness of said progress reports. It was
further noted that there will be three monthly reports and three
quarterly reports submitted by Hidden Harbor.
Mayor Stewart noted receipt of a memo with a Sun Sentinel newspaper
article on recycling from R. E. James suggesting that the Town
Commission address the subject of a recycling program for the Town.
The Mayor noted that this is believed to be a test project being under-
taken in various areas. Town Manager Mariano advised that it is a pilot
program that, it is believed, will not save money - it will cost the
residents money. The Town Manager noted that the Solid Waste Authority
feels that public education is important. Town Manager Mariano further
noted that one of the problems with this program is locating companies
that will buy the materials for recycling purposes. The Mayor directed
the Town Manager to address a response to Mr. James indicating that we
• Town Commission Regular Meeting Minutes
December 6, 1088
Page 3 of 7
are hopeful of finding a solution that will work for the Town and we are
interested in cutting down the quantity of trash of this Community.
Commissioner Rome commented that a discussion regarding the collection
of old newspapers (to be stored behind the Town Hall) had taken place
some time ago and it was noted that such practice would attract rodents,
vermin, etc., which would be a problem. Vice Mayor Basso stated that
until there is a market, until there is a demand for the recycling
materials, we can not start a program.
Mayor Stewart noted receipt of a letter from Tri-County Commuter Rail
Organization announcing the arrival of "Tri-Rail" which will begin
service for commuters on January 9, 1989. The Town Commission Members,
Town Manager and Police Chief are invited to attend the dedication cere-
monies on January 6, 1989 (a response is required by December 341, 1988).
Vice Mayor John J. Basso
No report.
Commissioner Robert F. Scholz
Absent.
Commissioner Doris R. Rorne
Commissioner Rome deferred her report to the December 27, 1988, Workshop
Meeting of the Town Commission.
Commissioner Marvin A. Waldman
No report.
REPORTS - TOWN ATTORNEY
No report.
REPORTS - TOWN MANAGER
Town Manager Mariano noted that the Palm Beach County Municipal League
announced that there will be a vacancy on the Palm Beach County County-
wide Planning Council in our district and the League requested that
nominations be submitted to the League by February 8, 1989. It was the
consensus of the Town Commission to submit the name of Planning Board
Chairman John E. Ward for said nomination.
The Town Manager noted that the Town's Personnel Policy, does not have
• any provision where an employee can be paid in lieu of vacation. The
Chief has three weeks vacation (which he ordinarily takes in December)
• Town Commission Regular Meeting Minutes
December 6, 1988
Page 4 of 7
due this year. His anniversary date is the end of December at which
time he will accumulate four weeks vacation. The department is
operating with one man short; one officer is ill and another officer's
spouse. is ill. The Chief requested pay in lieu of his vacation so that
he can continue to work the department during this period. Town Manager
Mariano noted that this request would require an exception to the Town's
Personnel Policy. The Town Manager further noted that there is ample
money in the fund; and, the Personnel Policy which was put in place by
the Financial Advisory Board was adopted by the Town Commission.
Vice Mayor stated that since this is an unusual situation, the Chief is
doing the right thing by offering to work his vacation and the Town Com-
mission can grant this "first time" request.
The Town Attorney advised that a motion should be made for a waiver to
the vacation provision of the Personnel Policy for this particular case
so it does not set a policy for any future situation.
The following MOTION was made by VICE MAYOR BASSO: I move that the
amount of three weeks vacation for the Chief be paid for the month of
December and that this is not a policy being set; it is an exception for
• this one time. COMMISSIONER ROME seconded the MOTION and then stated
that she would like to amend the MOTION to include .the following: "That
this be referred to the Financial Advisory Board for their review for
future cases such as this". The attempt to amend the MOTION to provide
a review by the Financial Advisory Board was not accepted by the Vice
Mayor who feels that such exceptions to adopted policies should be
within the jurisdiction of the Town Commission only. Mayor Stewart
then asked if anyone objected to paying Chief Cecere for three weeks
vacation in lieu of his taking his vacation this year. There were no
objections; everyone was in favor of the MOTION for the one time
exception regarding Chief Cecere's vacation pay.
Mayor Stewart requested that the Town Manager please schedule any future
issues like this for discussion at a Workshop Meeting. The Town Manager
noted that, under normal circumstances, this procedure would have been
followed; however, other alternatives, which did not materialize, had
been sought.
REPORTS - BOARDS AND COMMITTEES
The various_ Board vacancies were .noted. After discussion, the Town
Commission made the following appointments:
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Town Commission Regular Meeting Minutes
December 6, 1988
Page 5 of 7
COMMISSIONER ROME/VICE MAYOR BASSO made a MOTION to appoint Helene
Harris to the planning Board for a three year term as a Regular Member.
The MOTION carried with all favorable votes.
VICE MAYOR BASSO/COMMISSIONER ROME made a MOTION to appoint John
Littlejohn to the Community Appearance Board for a three year term as a
Regular Member. All voted in favor of the MOTION.
Mayor Stewart noted that an Alternate Member vacancies on the Community
Appearance Board and planning Board still exist as does a Member vacancy
on the Water Resources Advisory Board.
Mr. Keller of the Water Resources Advisory Board gave a report on the
activities of that Board and noted that the Members had reviewed the
thirteen alternatives contained in the Camp Dresser McKee Report, seven
of which require the cooperation of Boca Raton. The Town Manager was
requested to have the Town's Engineers (James J. Montgomery) present at
the Water Resources Advisory Board's Meeting to explain the reverse
osmosis process and answer any questions. It was indicated that the
Engineers preference for a water solution would be the further
development of the Texas Trail Wellfield. It was noted that the reverse
osmosis process would cost $10,000,P!(d01., it would result in better water
quality and would not require 'right of way' acquisition. The reverse
osmosis would require a second well to dispose of the brine and salty
water resulting from the separation. Purchasing potable water from Boca
Raton would be the least costly and a convenient way to meet our
requirements. Another idea discussed with the Montgomery Consultants
was to contact the Palm Beach County Water Utilities Department for
possible connection near Pheasant Walk where piping had been installed.
Following much discussion, the Town Manager was requested to arrange a
meeting with Delray Beach to discuss their possible cooperation with our
Town.
Vice Mayor Basso noted that he is happy that the Water Resources
Advisory Board has considered contacting Boca Raton. The Vice Mayor
stated that he feels, for the best interest of the Town, we have to tie
up with Boca Raton.
Proposed Resolutions and Ordinances
1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
SECTION 29-23, SUBSECTION (1) OF THE CODE OF THE TOWN OF
HIGHLAND BEACH A5 RELATES TO WATER CONNECTION FEES AND
AMENDING SECTION 22-1, SUBSECTION (a) OF THE CODE OF THE TOWN
OF HIGHLAND BEACH AS RELATES TO SEWER CONNECTION FEES.
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Mayor Stewart gave the proposed ordinance first reading, by title only.
This matter will be up for discussion at the Town Commission Workshop
Meeting on December 27, 1988.
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• Town Commission Regular Meeting Minutes
December 6, 1988
Page 6 of 7
2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
CHAPTER 19 OF THE CODE OF HIGHLAND BEACH ENTITLED "PLUMBING"
BY THE REPEALING OF SUBSECTION 1003.7 OF SECTION 19-2 WHICH
MANDATES THE USE OF CAST-IRON PIPE.
The proposed ordinance was given first reading, by title only, by Mayor
Stewart and will be on the Agenda for the Town Commission Workshop Meet-
ing on December 27, 1988.
3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
THE TOWN CODE OF THE TOWN OF HIGHLAND BEACH, CHAPTER 28-1/2
ENTITLED "TREES, SHRUBS AND VEGETATION", SECTIONS 28-1/2 - 14
ENTITLED "APPLICATION OF ARTICLE" AND 28-1/2 - 15 ENTITLED
"PERMIT REQUIRED" TO INCLUDE TREE ABUSE PROVISIONS.
A first reading was given, by title only, to the proposed ordinance by
Mayor Stewart. This matter will be discussed further at the Town Com-
mission Workshop Meeting on December 27, 1988.
4. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, URGING
GOVERNOR MARTINEZ, THE FLORIDA SENATE AND THE FLORIDA HOUSE OF
• REPRESENTATIVES TO CEASE ADOPTION AND SIGNING OF LEGISLATIVE
BILLS IMPOSING STATE MANDATES UPON COUNTIES AND MUNICIPALITIES
WITHOUT FUNDING OR DESIGNATION OF FUNDING SOURCES AND
REQUESTING COMPLIANCE WITH THE PROVISIONS OF FLORIDA STATUTE
11.076 WHICH PROHIBITS THE SAME.
The above Resolution was adopted by the Town Commission upon MOTION by
VICE MAYOR BASSO/COMMISSIONER ROME. The MOTION carried unanimously with
all favorable votes cast by the Commission Members.
REGULAR BUSINESS
Items left over
1. Set Public Hearing Dates re Planning Board recommendation of
Proposed Amendments to Chapter 30 (Building Department
Procedures) .
The Town Commission scheduled a Special Meeting at 3:00 P.M. on Tuesday,
December 27, 1988, for the purpose of giving first reading to an
Ordinance Amending Chapter 30 (Building Department Procedures). The
Public Hearings were scheduled for Tuesday, January 3, 1989, at 5:01
P.M. and Tuesday, January 17, 1989, at 5:01 P.M.
2. Discussion re Boca Hi Sales Trailer.
The Town Manager noted that the Town Commission reviews the Boca Hi
Sales Trailer matter every six months. Town Manager Mariano suggested
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Town Commission Regular Meeting Minutes
December 6, 1988
Page 7 of 7
that the permit for the Boca Hi Sales Trailer be renewed with the same
caveats - i.e. the structure is not to be occupied and the property be
maintained in the proper order. COMMISSIONER ROME/VICE MAYOR BASSO made
a MOTION to renew the permit for the Boca Hi Sales Trailer, as per the
Town Manager's recommendation. The MOTION passed with favorable votes.
3. Board's Member Information Notebooks (S read Sheet)
Mayor Stewart noted that a "Town Board's Spread Sheet" was prepared
listing certain requirements under the Alternate Members column as well
as the Regular Members column. After reviewing the spread sheet, the
Town Commission opted to incorporate the information contained on said
sheet in the proper section of each Board's Member Information Notebook.
A final review of the Notebooks will be completed by the Town Commission
at the December 27, 1988, Workshop Meeting with possible adoption at the
Special Meeting on December 27, 1988, scheduled for 3:0~ P.M.
Consent Agenda
1. Approval of seawall request (Lot 133 West) submitted by Ince &
Hertel Building Corporation.
. The Consent Agenda was approved upon MOTION by VICE MAYOR BASSO/COMMIS-
SIONER ROME.
There being no further business to come before the Town Commission at
this Regular Meeting, Mayor Stewart adjourned same at 3:1f~ P.M.
APPROVED:
Bett'~ Jaean nStew~rt, Mayor
J %~asso, Vice Mayor
A
D
Absent
Robert F. Scholz, Commissioner
Doris R. ome, Commissioner
Marvin A. Waldman, Commissioner