1987.05.26_TC_Minutes_WorkshopJ • TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission Workshop Meeting Tuesday, Ma_y 26, 1987 _ 1:30 P.M. A Workshop Meeting of the Town Commission was called to order by Mayor Betty Jean Stewart at 1:30 p.m, in the Town Commission Chambers at Town Hall. Also present were Vice Mayor Mary Louise G. Blosser and Town Commissioners John J. Basso, David T. Robinson, and Robert F. Scholz. Also present were Town Attorney Thomas E. Sliney; Town Manager Hugh D. Williams; Building Official Bruce Sutherland; and Town Clerk Mary Ann Mariano. Also present were various members of the general public. 87.1 Public Comments and Requests: Mr. Michael Dent of Casuarina addressed the Town Commission, making comments regarding a proposed Resolution to repeal a former Resolution which authorized the Town Manager to expend up to $500.00 prior to Town Commission approval. Mr. Dent also noted that with regard to the Town's retention of Long Associates to perform a payroll and classifi- cation study, that the only matter which should be addressed by an outside consultant should be matters of fringe benefits and pension. • Mr. Dent noted that he knew of someone who would conduct a study of the Town's pension plan at no cost should the Town desire to pursue same. 87.2 Boards and Committees: The following vacancies were noted: Planning Board - Regular Member Marvin Waldman's term expires 6/87 (eligible for re--appointment) Alternate Member Chris Bartlett's term expires 6/87 (eligible for re appointment) Board of Adjustment -- 1 Alternate Vacancy Financial Advisory Board - 1 Alternate Vacancy Police Advisory Board r 1 Alternate Vacancy Mr. Grover Ensley, Talent Bank Applicant, was interviewed by the Town Commission. Mr. Ensley stated that he had attended a meeting of the Financial Advisory Board and was interested in serving on that Board. Appointments may be taken up at the June 2, 1987 Regular Meeting. It was the consensus of the Town Commission that prior to taking up • Proposed Ordinances and Resolutions, the following agenda item be taken up. Town Commission Workshop Meeting May 26, 1987 • Page 2 of 11 87.14 Concordia Properties -- Town Lots l~l E/W -- Philip Colman, present: Mr. Philip Colman addressed the Town Commission and read his letter addressed to Mayor Stewart, dated May 11, 1987, into the record. Also cited was a May 15, 1987 letter to Mayor Stewart. Copies of both letters are attached hereto and incorporated in and made a part of these Minutes. Commissioner Basso questioned Mr. Colman's reference to 55 units and accomodations for a resident manager, and noted that this constiuted 56 units. Mr. Colman contended that inasmuch as the resident manager's unit would be common area and unavailable for sale, that it should not be considered a dwelling unit. It was pointed out that under the definition of dwelling unit, such resident managers accomodation would be included in such category. Commissioner Scholz commented as to the maintenance of the proposed Japanese garden. Mr. Colman stated that the condominium documents would be written to require maintenance by the Condominium Association. Tnasmuch as a public easement was proposed through the garden to the • Intracoastal, Vice Mayor Blosser expressed her concerns regarding the Town's liability for same. Mr. Colman expressed his opinion that both properties located east and west of AlA constituted one lot stating that the frontage of such property could either be construed as on the Intracoastal or on the ocean. Vice Mayor Blosser cited the definition of lot from the Zoning Ordinance which requires the frontage to be on either a public or pri-~ vate road. Attorney Sliney stated that the contention by Mr. Colman that his deed referred to the property as one lot was not pertinent to the subject, inasmuch as the Town Code addresses properties divided by road rights-of--way wherein transfers of density are not permitted. Mr. Colman noted that he had received Petitions favorable to his re- quest from Seagate residents. Vice Mayor Blosser noted that the Petitions received constituted less than 150 of the ownership. Another matter of concern was Mr. Colman's request to build on an ima- ginary line between Ambassador's East and Beach Walk East which would place the building eastward of the Coastal Construction Line. Mr. Colman requested that the Town allow the Department of Natural Resour- ces to determine the feasibility of this matter and concur in their recommendation. With regard to Mr. Colman's preliminary acceptance of the encroachment into the Coastal Construction Line by the DNR, it was noted that his was the same request as had been made in 1986, and was pending by the DNR awaiting the Town's action on the matter. r: V Town Commission May 26, 1987 . Page 3 of 11 Workshop Meeting Answering the inquiry of Commissioner Scholz, Mr. his proposal was for 11 floors of apartments with beneath, which would be between Ambassador's East ments and 1 floor parking) and Beach Walk East (11 and 2 floors parking). Colman stated that 2 floors of parking (10 floors of apart- floors of apartments Attorney Sliney noted that Mr. Colman's letters to Mayor Stewart were being reviewed and that a legal opinion would be forthcoming. to the Town Commission at an early date. Mr. Colman questioned whether the Town Commissioners were in favor of the proposal or not. Commissioner Robinson noted that the matter was now under appeal in the courts and felt that any comment by the Town Commission without input from the Town Attorney would be premature at this point. Mayor Stewart assured Mr. Colman that this matter would be taken up in a timely manner upon receiving the Town Attorney's legal opinion. 87.3 Proposed Ordinances and Resolutions: • 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 23, ENTITLED "SIGNS AND ADVERTISING" BY REPEALING SAME IN ITS ENTIRETY, AND ADOPTING A NEW CHAPTER 23 TO BE ENTITLED "SIGNS AND ADVERTISING" AS HEREINAFTER SET FORTH. (1st Reading 5/5/87--Pub. 5/15/87) Vice Mayor Blosser suggested that inasmuch as she had been assigned to work with the Community Appearance Board originally on this matter, that she attend the next meeting of the CAB to go over the recommended amendments. It was felt that this would be unnecessary as the amend ments were set out in the documentation submitted by the CAB. The Town Clerk was directed to provide a highlighted copy of the proposed amend- ments to Commissioners Basso and Scholz. Mayor Stewart urged that if any member of the Town Commission had questions regarding the proposed amendments, that they meet with the Town Clerk prior to the June 2, 1987 Regular Meeting, at which time this proposed Ordinance is to be addressed again and could possibly be adopted. 2. PROPOSED ORDINANCE PROVIDING FOR THE PROTECTION OF SEA TURTLES. Mayor Stewart noted that the Beaches and Shores Council had returned this matter to a sub--committee for further study. The Town Manager was again requested to obtain a copy of the ordinance adopted by the City of Boca Raton with regard to this subject. At the direction of the Town Commission, this item will be removed from the agenda until a • later date. Town Commission Workshop Meeting • May 26, 1987 Page 4 of 11 3. A RESOLUTION PROHIBITING SMOKING WITHIN THE MUNICIPAL BUILDINGS LOCATED AT THE HIGHLAND BEACH TOWN HALL COMPLEX. Upon discussion of this matter, it was determined that the prohibition of smoking should be instituted by Ordinance rather than by Resolution. The Town Clerk will draft a proposed Ordinance to submit to the Town Commission for their consideration. The Town Manager noted that some immediate problems existed with Board Members smoking in the Town Commission Chambers during meetings. The Town Manager was directed to write a memorandum to the Boards urging that Board members refrain from smoking in the Chambers and excuse themselves to go to the breeze-way between the buildings to smoke. 4. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA REPEALING RESOLUTION N0. 364 WHICH AUTHORIZED EXPENDIr TURES UP TO $500.00 BY THE TOWN MANAGER, WITHOUT TOWN COMMISSION APPROVAL FOR DISBURSEMENT THEREOF. The Town Manager noted that this Resolution would repeal a Resolution which included provisions which had been superceded by the Purchasing Policy adopted by the Town Commission in 1986. This Resolution will be • placed on the June 2, 1987 Regular Meeting Agenda for consideration and possible adoption. 87.15 Discussion re Proposed Building Department Procedures as recommended by the Planning Board: The Planning Board's memorandum of May 13, 1987 recommending changes in Building Department procedure was discussed. Mr. Sutherland, Building Official, was present and stated that he had not been consulted with regard to any of the proposed changes. It was the consensus of the Town Commission that the Town Manager address this issue with the Planning Board, inasmuch as some of the recommended changes were administrative in nature. Further, with regard to some recommended changes involving the Zoning Code, Mr. Williams will advise the Planning Board that these recommendations should be made when the overall Zoning Ordinance is addressed. Vice Mayor Blosser asked the status of her request that the Town Mana- ger obtain a copy of the County's "Use It or Lose It" Ordinance. The Town Manager and Town Clerk both advised that attempts to obtain such document through the County were to no avail. The Vice Mayor will sub- mit a copy of newspaper articles referring to such Ordinance in order to pursue the matter further. Mayor Stewart also noted a form used for the clarification of require-- . ments needed when permits are applied for in Boca Raton which the Town might study as an idea to easing the procedure in Highland Beach for developers. ~~ Town Commission Workshop Meeting • May 26, 1987 Page 5 of 11 87.16 Discussion re Department of Community Affairs Post-Disaster Redevelopment Rule Agreement: With regard to the proposed Post--Disaster Agreement, concern was raised concerning the Town Manager's recommendations on utilizing Centel Cable Television as a means of alerting residents of any impending disasters in Town. It was noted that not all residents subscribe to Centel Cable which would make notification unavailable to all residents. Further, concern was expressed as to the lack of timely information transmitted on the cable television public access channel. It was further pointed out that in some cases of emergency, electricity is the first service lost which would make notification by cable television ineffective. The Town Manager was directed to work with the Chief of Police in determin~ ing the best means of communication with regard to the emergency warm ing aspects of the proposed Agreement. Further, Vice Mayor Blosser was concerned with a way to let residents know when it is safe to return to Town after an emergency arises. The Town Attorney will review the pro- posed Agreement and submit his comments to the Town Commission, noting a requested adoption date by August 1, 1987. This matter will again be addressed at the June Workshop Meeting. • 87.17 Nursery Bids for Greening of AlA Program: Three items were discussed by the Town Commission regarding this matter which included a bid received from Mangus Nursery for approximately $4,580 for trees to continue the Greening of AlA Program. Also considered was a bid from Mangus Nursery for approximately $2,900 for the upgrading of Lift Station 1. It was noted that with regard to the bid received, that approximately 30 bids were sent out with Mangus being the only bid received. The third item discussed was a request from Mr. Savino of the Greening Committee for funds to plant six flower beds along AlA as exists along the southern portion of AlA in Palm Beach. With regard to the bids for the Greening Program and the upgrading of Lift Station 1, Vice Mayor Blosser expressed concern regarding the Tabebuia trees included, noting that a newspaper article had appeared in which it was recommended that such trees not be used adjacent to rights--of-way due to their rooting system. Mr. Williams noted that the Tabebuia trees had been cancelled on the Greening Program bid and would be deducted accordingly. Mr. Savino will also look into the grade of some of the trees bid to determine if the bid can be deducted further. Mr. Williams will also obtain further information from the appropriate state agencies regarding the use of Tabebuia trees. This item will be reraddressed at the June 2, 1987 Regular Meeting. With regard to the flower beds, Mr. Savino will provide a further pre-- • sentation on this at the June 2, 1987 Regular Meeting. ~~j 1 Town Commission Workshop Meeting May 26, 1987 • Page 6 of 11 A five Minute recess was taken at this point in the meeting in order that the Finance Director could be called in to discuss the next order of business. 87.18 Six month budget review and transfers A memorandum dated May 19, 1987 from the Town Manager which incorpora- ted recommended budgetary transfers was then reviewed by the Town Commission. Rebecca Morse, Finance Director, was present to answer any questions. Mr. Williams noted that although there had been budgetary transfers made in each department, the bottom line figures had not been changed. It was also noted that the Financial Advisory Board had met and concurred in all the recommended amendments. Mr. Williams noted that in all cases, liability insurance had been deducted from each department and placed in one general account, in the General Public Buildings account. Mr. Williams further explained that inasmuch as there had been a position budgeted in the General Public Buildings Department which had not been filled, that ample funds existed to make the liability insurance transfers. Mr. Williams explained a decrease of $20,000 in Professional Fees in • the Boards and Committees Department by noting the receipt of a grant for the purpose of subsidizing the Town's consultant fees to review the Comprehensive Plan. Also in this department, $9,0041 which represents the honorariums paid to board members has been transferred from "Special Pay" to "Professional Fees". Increases in the Finance Department were attributed to the addition of an employee and start up costs for the computer operation. Ms. Morse, Finance Director, stated that all the transfers recommended were a realignment of funds due to standard accounting practices which are being followed since her employment with the Town in September of 1986, and further noted that in future years, such budget adjustments should be made on a quarterly basis. This matter will be addressed at the June 2, 1987 Regular Meeting. At the suggestion of Vice Mayor Blosser, a May 18, 1987 memorandum from the Finance Director regarding Telecommunications Service Taxes will be addressed at the June Workshop Meeting REPORTS -- TOWN COMMISSION: Mayor Betty Jean Stewart -- Mayor Stewart reported that the Broadview/Hoffman Agreement with regard • to Phase II was ready for execution by the Town. Attorney Sliney ~~ Town Commission Workshop Meeting • May 26, 1987 Page 7 of 11 stated that he had forwarded the Agreement to the attorneys for Hoffman and Broadview for their signatures prior to the Town executing same. Mayor Stewart noted that she had met with Developer Peter Ince on May 19 regarding the Frederick property. Mayor Stewart reported that Mr. Ince had made arrangements to purchase the undeveloped portion of the Frederick property and urged the Town Commission to meet with the Building Official on possible future plans for this site. The Town Commission supported the Mayor's recommendation to send a letter of sympathy to both the wife and mother of Earl Patton Ryals who died during the attack on the USS Stark. It was noted that Jane Ryals, mother of Earl Ryals, is a sales representative at the Coronado Ocean Club. Vice Mayor Mary Louise G. Blosser r Vice Mayor Blosser noted her interest in a networking system for data utilized in Boynton Beach. The Town Manager and Town Clerk indicated that Highland Beach had checked into such system which requires the • installation of a special modem as well as a dedicated telephone line for operation. Vice Mayor Blosser requested information on the status of the Long Associates report. Mr. Williams indicated that the draft report was expected on Wednesday, May 27, 1987 and that the final report should be ready for submission to the Town Commission at their June Workshop Meeting. Mr. Williams stated that the report would include job descripr tions and qualifications as requested by Vice Mayor Blosser. Vice Mayor Blosser requested a written report from the Town Manager re- garding his attendance at the Florida City/County Manager's Conference held in West Palm Beach. Mr. Williams indicated that a verbal report would be given during this meeting as well as a written report distrib- uted. Commissioner John J. Basso -- Commissioner Basso noted an April 23, 1987 memorandum from the Chief of Police regarding clerical assistance in the Police Department, urging that the Town consider help in that area. Mayor Stewart noted that she had discussed the matter with the Chief of Police and this matter was being addressed in the upcoming budget. Mr. Williams stated that the request had been referred to the Financial Advisory Board for their in~ put as part of the budget process. Vice Mayor Blosser commented on re~ ceiving complaints that residents could not reach the police department directly and that a staff person in the police office would alleviate such problems. ~k~ ~/` • Town Commission Workshop Meeting May 26, 1987 Page 8 of 11 Commissioner David T. Robinson -- No report. Commissioner Robert F. Scholz Noted his interest in the Telecommunications Service Tax memorandum from the Finance Director. Mr. Williams explained that this service tax was implemented by the State Legislature. This matter will be more fully reviewed at the June Workshop Meeting. REPORTS -- TOWN ATTORNEY: Attorney Sliney reported to the Town Commission that the Planning Board had held a Public Hearing on May 20, 1987 at which time they made a re- commendation that the Town Commission adopt a Building Moratorium with the exclusion of single family dwellings. A first reading of a pro- posed ordinance will be given on June 2, 1987. The Town Clerk was directed to provide a schedule to the Town Commission for the passage of such proposed ordinance. • With regard to the Boca Hi lawsuit, Attorney Sliney reported that a Motion is pending by Braemer Isle to intervene in the litigation. This Motion will be heard on June 19, 1987. The Hoffman litigation regarding the former RPUD is continuing. The deposition of the Town Manager has been taken and the deposition of the Town Clerk will be scheduled at an early date. The litigation involving Concordia Properties is under appeal. The Town's lawsuit against Palm Beach County re Jap Rock is continuing. The County has filed a Motion to dismiss the case citing the Town lacks jurisdiction. The Judge appointed to this case is resigning which will necessitate the case's reassignment. There has been no activity on the ITCO lawsuit. With regard to the County lawsuit, Commissioner Robinson asked whether Attorney Sliney knew when the closing would be held on the property. Attorney Sliney stated that he felt it would be within the next several weeks inasmuch as the County had approved the contract on May 12, 1987. Vice Mayor Blosser then suggested that the town commence building a film record of the beach for use as documentation in this matter. Mr. Williams is still in the process of analyzing the accident data which • was received from the City of Boca Raton. Attorney Sliney stated that the Town should begin consideration of the ~~ Town Commission Workshop Meeting • May 26, 1987 Page 9 of 11 retention of experts on traffic and land planning in anticipation for litigation which would probably be forthcoming upon the County's appli- cation for rezoning of property in town for park use. The Town Commission requested that Attorney Sliney write a letter advising as to what experts should be considered for retention in this regard. With regard to traffic, Commissioner Robinson cited the escalating problems with Linton Boulevard and particularly with Spanish River Boulevard which could result in gridlock situations, should an additional park be allowed in this area. Mr. Williams was requested to obtain whatever information was available from Boca Raton with regard to any traffic counts done in the area of Spanish River Boulevard. Vice Mayor Blosser then noted that a new Community Survey might be helpful in this area. The Town Clerk noted that the feasibility of an updated Community Sur- vey was scheduled on the June Workshop Meeting. Mr. Williams will pror vide the Town Commission with copies of the last two surveys done. Mayor Stewart left the meeting during the Town Attorney's report. REPORTS -- TOWN MANAGER: • Mr. Williams memorandum, dated May 19, 1987, regarding Christmas decorations, was then discussed. Vice Mayor requested that the Town Manager present his ideas in a more visual manner. Commissioner Robinson then offered his assistance to the Town Manager to prepare a presentation for submission at the June 2, 1987 Regular Meeting. With regard to the purchase of a lawn mower for the Utilities Depart- ment, as cited in a May 15, 1987 memorandum from the Town Manager, no objections were expressed and the mower will be ordered. The amendment to an emergency conservation criteria, as submitted to the Town Commission, was then discussed. This amendment would utilize three wells for the purpose of determining an emergency situation exists rather than one well. Attorney Sliney noted that there were provisions in Chapter 29 which should be reviewed to assure consistency in the Code to what the Town Manager is proposing. The Town Attorney will check into this matter which will be placed on the Agenda for the June Workshop Meeting. Mr. Williams then noted some of the items which were highlights of the Florida City/County Manager's meeting which he attended. These includr ed a workshop on Growth Management, some provisions of which will be effective January of 1988. Mr. Williams indicated that portions of the Growth Management Plan would support the Town's position in the re- designation of zoning. A written report will be forthcoming on this matter from the Town Manager. /inn, • ~/ • • Town Commission Workshop Meeting May 26, 1987 Page 1Q1 of 11 It was noted that with regard to the 5~ Service Tax Legislation, that a service tax will be included in the utility and garbage charges. Mr. Williams noted that this tax would be on all non--residential units. Under the present definitions, the legislature has determined that condominiums are not regarded as "residential" units, inasmuch as the fees are paid by an association, rather than individual property owners. This definition is being challenged and the Town Manager was directed to write a letter of support to this challenge, as soon as possible. A request has been received from the Florida League of Cities urging the support of the municipalities to endorse the passage of a l~ local option tax. The distribution formula will have to be negotiated by the cities and counties at a later date, should the tax be enacted. Mr. Williams will write a letter of support of this local option tax to the Town's Legislative Representatives, as soon as possible. Mr. Williams reported that a pre-construction conference will be held at 1:3Q! p.m., on May 27, 1987, regarding the construction of the interim well. Mr. Williams reported that he .had received a telephone call from Neal Janov, of Darby and Way, regarding the Hoffman/Broadview dredging. Mr. Janov stated that due to the relocation of electrical lines, that there would be no dredging necessary near the Town's Intracoastal water line. The Town Commission directed the Town Manager to obtain this fact in writing from Mr. Janov. A Resolution authorizing the leasing of a safe deposit box for backrup computer disks for the Finance Department will be placed on the June Regular Meeting for consideration. Mr. Williams noted that the Financial Advisory Board is presently reviewiwing the Town's Sinking Fund Reserve Savings Account at NCNB and will be making some recommendations to the Town Commission at an early date. The Town Commission then addressed a memorandum from Anthony Abbate, Building Inspector/Code Enforcement Officer, which requested consideration of two months severance pay upon his retirement in June. Vice Mayor Blosser expressed her concern over a precedent being started, should this request be approved. Further, Vice Mayor Blosser asked that the Town Manager provide the Town Commission with the dollar figures involved in this request. This matter will be re-- addressed at the June 2, 1987 Regular Meeting. ~n,/ ~C/ V Town Commission Workshop Meeting • May 26, 1987 Page 11 of 11 There being no further business to come before the Town Commission at this time, the meeting adjourned at 4:25 p.m. APPROVED: MAYO BETTY JEAN STEWART VICE MAYOR M Y LOUISE G. BLOSSER ~'~ ~~YhJ OMMIS 0 ER JOH J. BASSO I, COMMISSIONER DAVID T. ROBINSON ,~ _ SS323NER ROBERT F. • ATTEST: DATE: ~ of • ATTACHMENTS: (1) 5/15/87, LETTER FROM P. COLMAN (2) 5/11/87, LETTER FROM P. COLMAN