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1984.04.24_TC_Minutes_Workshop i TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, April 24, 1984 9:30 A.M. A Workshop Meeting of the Town Commission was called to order by Mayor Louis Y. Horton at 9:30 a.m. in the Town Commission Chambers at Town Hall. Also present were Vice Mayor Mary Louise G. Blosser, Commissioners Betty Jean Stewart and William E. Paul. Commissioner Harry Walker was absent. Also present were Town Attorney, Thomas E. Sliney; Town Manager Elaine W. Roberts; Town Clerk Mary Ann Whaley; citizens and the general public. Public Comments and Requests - Attorney Charles Butler, representing Highlands Associates (former Massengill -Moore project) addressed the Town Commission formally requesting issuance of the final C/O for that project. Mr. Butler introduced Messrs. Joe Marino, Frank Chicerone, Joe Carey and John Arena, ownertioccupants of the project. Mr. Butler addressed the matter of the $100 per day penalty which was levied against Highlands Associates commencing June 8, 1983 and continues to issuance of the final C /O. Mr. Butler made a formal request for a waiver from the terms of the Addendum providing for the penalty and the return of a portion of the fine already paid, citing the upgrading of the project from the original plans and purchasing difficulties as justification for the request. The Town Manager reported that $28,236.25 had been paid so far with a balance out- standing to date of $1,563.75. It was furter noted that the Building Inspector and Building Official had inspected the project, however, the CAB had not inspected but was expected to do so on Thursday, April 26. Commissioner Paul, and residents of the adjacent properties, Mr. Frank Spadafina, Mr. Jack O'Keefe and Mrs. Sadie Spadafina all commented about the excellent job that had been done on the }property and supported relief being granted to Highlands Associates from the fine imposed. Mayor Horton asked that a report be obtained from the Building Official, an update on the fines paid to date be submitted by the Town Manager and further requested the Town Commission to inspect the project prior to the Regular May 2, 1984 meeting at which time the matter would be further discussed with a view toward resolution of the matter. It was further the consensus of the Town Commission that the Building Official issue the final C/O pending satisfactory Town Commission Workshop Meeting April 24, 1984 Page 2 of 10 inspection by the CAB. 84.17 Report on Enterprise /Utility Funds budget - The Town Commission, in response to a memorandum dates April 20, 1984 from the Financial Advisory Board, discussed the proposed Enterprise /Utility Funds budget. Walter Budjinski, Assistant Director of Public Utilities was present. Specific items discussed included the purchase of a truck (the feasibility of air - - conditioning and an AM /FM radio as requested will be studied); the purchase of a microwave oven (the Town Manager will obtain further information on costs as it was the consensus that the oven should cost less than the $400 requested); the purchase of lawn equipment for landscaping maintenance at the water plant (due to the cost of equipment necessary and the lack of facilities to keep the equipment indoors, the Town Commission will study the feasibility of accepting Mr. Budjinski's offer to do the landscaping maintenance work on his own time wish his own equipment for $100 per month); and the raising of water rates from $.70 per thousand gallons to $.85 per thousand gallons with a $8.50 minimum charge as recommended by the FAB. Also discussed were the salary schedules as obtained from other surrounding munici- palities in comparison to the Town's. This matter will be discussed further with a view toward the approval of this budget at the Regular Meeting of May 2, 1984. 84.8 Water Treatment Items - Mr. Budjinski advised the Town Commission that he did not have anything to report on the backflow matter and that the water testing was continuing for the month of April. The Town Manager indicated that several new quotes had been received with regard to the landscaping at the water plant, and that she was awaiting further quotes on the sprinkler system as requested by the Town Commission. It was the Town Commission's recommendation that this matter be handled slowly and placed on the May Workshop Agenda. With regard to the settlement of the lime spill damage at the water treatment plant, the Town Manager reported that the Town was awaiting a check in the amount of $575.00 from Dixie Lime Company to help pay for the re- painting of the lime silo. At 12:00 noon, the meeting was recessed until 1:15 p.m. Town Commission Workshop Meeting April 24, 1984 Pag e 3 of IQ 84.2 Boards and Committees - It was noted that all Talent Bank applicants who had responded in the request for updated applications had been submitted to the Town Commission for study. The Town Commission was advised that the following vacancies existed: CAB - 1 Alternate Member CEB - 1 Alternate Member FAB - 1 Regular Member Planning Commission - 1 Alternate Member It was the consensus of the Town Commission that the applications received be studied prior to any of the vacancies being filled. The Town Manager, however, recommended that Mr. Benjamin Cohen be appointed as a Regular Member of the FAB from his present position on that Board as Alternate Member. With respect to the Greening Committee, a memorandum from Mr. Frank Savino noted that it was his opinion that the Greening Committee should be established as a sub - committee of tYL-CAB as they worked so closely and it -was made up of CAB members. This recommendation was also the opinion of Mrs. Nita Martin, Chairman of the CAB, and the consensus of the Town Commission. The Greening Committee criteria will be studied with a view toward adding same to the CAB criteria in the Zoning Ordinance now under consideration. Discussion took place with regard to the authority of the Greening Committee to expend funds without Town Commission approval. It was the opinion of the Town Attorney that as long as any amounts expended were within the total amount appropriated by the Town for the Greening Committee, Town Commission approval was not necessary. This matter will be discussed further as a part of the zoning revisions now in progress. Commissioner Stewart then reported that an information sheet containing the location and types of all trees planted by the Greening Committee, including the number of trees in each location, whether or not they had a plaque, who approved such planting and other pertinent information had been distributed to the Greening Committee, the CAB, the Town Manager and various employees throughout the Town in order to assist in answering any inquiries made to Town Hall regarding the planting . of trees along AlA. The information sheet also included informat:b,n regarding the process recommended for the moving of any tree. Town Commission Workshop Meeting April 24, 1984 Page 4 of lB 84.3 Proposed Ordinances and Resolutions- a) An Ordinance of the Town of Highland Beach, Florida, amending the Code of Ordinances of the Town of Highland Beach, Chapter 11, entitled "Garbage and Trash Disposal ", Section 11 -13, entitled "Charges for dwelling units not yet on the Tax Roll ", to provide for current garbage and trash charges. (1st reading 4/3/84 - Pub. 4/13/84) This ordinance will be placed on the May 2, 1984 Regular Meeting Agenda for possible adoption. b) An Ordinance of the Town of Highland Beach, Florida, providing definitions, providing for the licensing of real estate developers; providing for limitations of license; prohibiting certain acts; providing for revocation of license; requiring notice of hearing for revocation; providing for codification; providing an effective date. (lst Reading 4/3/84 - Pub. 4/13/84) A letter received from Mr. Harry Abrahamson dated April 7, 1984 re- garding the opposition to the practice of re -sales in the Boca Highland Sales Center was read into the record. After substantial discussion, it was the consensus of the Town Commission that due to enforcement problems which would be created the way the ordinance had been drawn, that the matter would be reviewed with a view toward inclusion in the zoning ordinance now under consideration in the "temporary structures" section. This ordinance was then tabled. c) An Ordinance of the Town of Highland Beach, Florida, amending the Code of Ordinances of the Town of Highland Beach, Chapter 15' entitled "Land Filling ", Section 15'x-3 entitled "Issuance of permit, fee, etc." relating to sand or fill generated by excavation. Proposed language supplied by Mr. Red Taylor of the DNR was discussed. It was the consensus of the Town Commission that this language be incorporated into the ordinance and that the ordinance be placed on the May Regular Meeting Agenda. Due to the extended period of time since the first reading of the ordinance, it was the recommendatio n of the Town Attorney and the consensus of the Town Commission that the Ordinance be re- introduced for a first reading at the May u Regular Meeting and re- published according to Town Code requirements. Town Commission Workshop Meeting April 24, 1984 Page 5 of ID d) Ordinance amending Southern Bell Franchise - Attorney Sliney will draw an ordinance incorporating the language as recommended by Mr. Passmore of Southern Bell regarding the telephone lines and services being provided, and further including a provision regarding the excise taxes collected by prior agreement. Attorney Sliney will forward this proposed ordinance to the attorney for Southern Bell for comment. This matter will be placed on the May Workshop Meeting Agenda. e) Ordinance regarding recreational vehicles - Attorney Sliney reported that he was still awaiting a recommendation from the CEB and anticipated that a further report and recommendation would be forthcoming prior to the May-Workshop Meeting. This pro- posed ordinance will be placed on the May Workshop Meeting Agenda. f) Ordinance regarding parking of boats - Attorney Sliney indicated that he was still studying this matter with a view toward a 24 hour police permit requirement should the boats not be sheltered from view. This matter will be placed on the May-Workshop Meeting Agenda. g) Ordinance regarding emergency seawall measures - It was the general consensus of the Town Commission that the Town not become involved in the inspection of seawalls due to liability factors involved. The Town Manager reported that she had inquired into procedures of neighboring municipalities and further was awaiting quotes fro m outside contractors as to cost of inspection of seawalls, which information would be distributed as soon as received. Mrs. Roberts informed the Town Commission that CDM did not provide a service to inspect seawalls. State requirements will also be studied. This matter will be placed on the May Workshop Meeting Agenda. h) A Resolution of the Town Commission of the Town of Highland Beach, Florida, identifying services rendered by Palm Beach County which provide no real and substantial benefit to property or residents within the Town of High- land Beach and which are financed from countywide revenues and ad valorem taxes; Petitioning the Board of County Town Commission Workshop Meeting April 24, 1984 Page 6 of �U Commissioners of Palm Beach County, Florida to develop appropriate mechanisms to finance such services pursuant to Section 125.01 (6) (a) and (7) Florida Statues; directing the Town Clerk to transmit a certified copycf this Resolution to the Board of County Commissioners of Palm Beach County, Florida; providing an effective date. It was noted by the Town Manager that this Resolution was recommended annually by Kelton and Associates, the Town's consultants on the dual taxation issue. This Resolution will be placed on the May 2, 1984 Regular Meeting Agenda for action. 82.49 Delray Beach /Highland Beach Sewer Issue Status - The Town Manager has gathered information as requested by Greeley and Hanson, the approved engineers in the Delray Beach /Highland Beach Sewer Issue matter and has made herself available for any assistance to Greeley and Hanson. 83.74 County Sanitation Contract - The Town Manager reported that she and the Town Attorney had drafted the proposed amendment as recommended by the Town Commission to the County Sanitation contract and forwarded same to Mr. Gaudette. She further reported that Mr. Gaudette was on vacation and expected him to return in time for a further report on this matter at the May Workshop Meeting. 84.19 Discussion re project procedures from Town Manager dated 3/26/84 - Commissioner Stewart thanked the Town Manager and Mayor for their work on the subject policy memorandum and inquired as to any policy regarding the number of bids or quotes requested on any purchase or project. The Town Manager indicated that no such requirement existed and that each case was dealt with individually. Suggestions were made to include a clearer definition of "project ", any pertinent timetable involved and any warranties which may be included for any purchase or project undertaken by the Town. 84.20 Policy regarding removal of plans from Town Hall - After substantial discussion, it was the consensus of the Town Commission that stricter controls be exercised in the removal of plans from the Building Department with any approved, signed sets of Town Commission . Workshop Meeting April 24, 1984 Page 7 of 10 plans not being allowed to be removed at all. The Town Manager will get a written recommendation from the Building Official regarding this matter. REPORTS: TOWN COMMISSION: Mayor Louis Y. Horton - Mayor Horton reported that he would be out of Town from May 9, 1984 through Memorial Day. A Special Meeting was set for May 8, 1984 at 9:30 -a.m, to review the proposed final recommendations from the Planning Commission with respect to the zoning revisions under consideration. The Mayor recommended a reception be held for staff and Town residents congratulating Chief Jones on his retirement on May 4, 1984 at 3:00 p.m. The Town Manager will contact Mrs. Jones regarding the pro- vision of a Resolution or gift for Chief Jones. Vice Mayor Mary Louise G. Blosser - Vice Mayor Blosser reported that in regard to the Ad Hoc Evaluation Committee, she had contacted Dr. Tomeski and recommended that he consult with employees and with present and past Town Commissioners on an individual basis in the evaluation process. Bice Mayor Blosser requested a status report on the matter of the screening of the Coronado garage and the bond requirements and was advised by the Town Manager and Town Attorney that Attorney Ed Cohen was following up on the matter and a report should be ready for the May Regular Meeting. Commissioner William E. Paul - No report. Commissioner Betty Jean Stewart - Commissioner Stewart requested clarification on the amounts noted with regard to the Massengill /Moore (Butler) fines paid to date. The Town Manager indicated that the amount of $28,236.15 had been paid to date and that the fine has been unpaid since the middle of March. Town Commission Workshop Meeting April 24, 1984 Page 8 of 10 Commissioner Paul at this time stated that he would not be present at the May meeting when this matter was again discussed and re- commended that the Town Commission grant relief from the fine imposed retroactive to March 1. Commissioner Harry Walker - Absent. REPORTS: TOWN ATTORNEY: The only matter reported on by the Town attorney was the proposed Stipulation for Settlement distributed re the Milani matter. The Town Commission recommended several changes including the descrip- tion of the plans as noted in Paragraph 2, by indicating architect's name, date of drawings, number of paged on the subject plans; the specific date of Ordinance 336 referred to in Paragraph 3 along with a statement that any modifications must be approved by all applicable Town Boards with payment of applicable fees made; the clarification of the units referred to in Paragraph 5 as being "dwelling" units rather than "townhouse" units; and the specific dates included in Paragraph 7 with reference to the building permits and completion dates required under the Stipulation. The Town Attorney will make the recommended changes and submit same prior to the Regular Meeting of May 2, 1984. REPORTS: TOWN MANAGER: The Town Manager requested guidance on whether Rule No 9 relating to requiring any petitions to appear before the Town Commission be in writing. It was the consensus that this could be enforced in some instances, however, any resident who desired to be heard before the Town Commission should be allowed to do so, whether a petition in writing had been received or not. Mrs. Roberts reported that the specifications on the Bel Air Drive resurfacing project had been furnished; however, needed modification after being inspected by staff along with she and CDM, the engineers on the project. Mrs. Roberts indicated that regarding an alleged violation of Town Ordinances regarding recreational vehicles made by Mr. Fields at the last meeting of the Town Commission, that she and the Building Inspector had investigated the matter for a period of one full week and no violations were observed. Town Commission Workshop Meeting April 24, 1984 Page 9 of 10 The Town Manager recommended that a new coil for the Town Hall air conditioner be purchased and kept in the garage at a cost of $2,800. Upon inspection, it was noted that the present coil can break down at any time and would not be able to be repaired. Mrs. Roberts re- quested approval of this matter because of the 6 - 8 week delivery time needed. She further noted that the new coil would be a copper one with an extended life expectancy. It was the consensus of the Town Commission that the new coil be purchased and therefove, this matter was placed on the Consent Agenda for the May 2, 1984 Reg- ular Meeting. The Palm Beach County Municipal League will hold a Barbeque on April 27, 1984 at 12:00 noon at the Palm Beach Rifle Club for those interested. Mrs. Roberts reported on the site inspection at Boca Highland by lie Del Trail Fire Marshall, the Mayor, Vice Mayor, Commissioner Stewart, herself and Braemer Isle residents regarding access of fire equipment. A written memorandum will be- forthcoming from the Town Manager regarding the findings of the inspection, as well as a written report being requested from Del Trail. In response to a request from the MetropolitEn Planning Organization for any funding requests for the next fiscal year, the Town Manager was directed to request assistance on the Bel Air Drive re- paving project as part of their Transportation Improvement Program. A Hurricane Seminar will be conducted at Town Hall on May 30, 1984 at 7:00 p.m. in the Town Commission Chambers. A current list of unsold apartments has been distributed. The Town Manager reported that a survey has been completed of the useage of the library and post office telephone and it is her recommendation that both telephones be retained. The Town Manager reported that upon the advise of the Town Attorney, the Planning Commissions retention of the Sanders Planning Group, Ft. Lauderdale, as consultants on the Boca Highland petition could not be assessed against Boca Highland as the retention of the consultants was the Town's option and not Boca Highland's. Substantial discussion ensued regarding the Town Code's provision on the authority of the Planning Commission to hire consultants after approval of the Town Commission and it was the consensus of the Town Commission that this matter be looked into with a view toward the procedure used for such Town Commission Workshop Meeting April 24, 1984 Page 10 of 10 hiring of consultants. Concern was expressed over the lack of- require- ments regarding monetary limitations and which projects warrant such retention of consultants. This matter will be further studied for a policy being set as to the process followed to hire such consultants and requiring Town Commission approval after quotes received and prior to the actual retention of same, the projects warranting such consultants, etc. As for the Boca Highland matter, the Town Manager was instructed to write to Mr. Sanders to ascertain the number of hours already expended and cost, and to estimate the number of hours anticipated for completion of the project. This matter will be dis- cussed further at the May 2, 1984 Regular Meeting. There being no further business to come before the Town Commission at this time, the meeting was adjourned at 5:00 p.m. APPROVED. �Z DZIry Louis YVHorton, Mayor Mar Louise G. Blosser, Vice Mayor ATTEST William E. Paul, Commissioner Towfi C1 rk r/ Tb Date: Bettf Jean Stewart, Commissioner (Term expired -not re- elected) Harry Walker, Commissioner