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1987.06.02_TC_Minutes_Regular TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, June 2, 1987 1:30 P.M. A Regular Meeting of the Town Commission was called to order by Mayor Betty Jean Stewart in the Town Commission Chambers of Town Hall. Also present were Vice Mayor Mary Louise G. Blosser and Commissioners John J. Basso, David T. Robinson, and Robert F. Scholz. Also present were Town Attorney Thomas E. Sliney; Town Manager Hugh D. Williams; Town Clerk Mary Ann Mariano; and members of the general public. Roll call was taken and the Pledge of Allegiance given. Approval of Minutes: -- April 27, 1987 -- Special Meeting -- April 28, 1987 r Workshop Meeting ~- May 5, 1987 -- Regular Meeting/Public Hearing May 7, 1987 r Workshop Meeting re Water Resources Report MOTION was made by COMMISSIONER BASSO/VICE MAYOR SLOBBER to approve the • Minutes as published. This MOTION carried unanimously with favorable votes. Public Comments and Requests: Mrs. Doris Rome, Vice-Chairman of the Planning Board, made a request for storage space for Board Members being made available in Town Hall. This matter will be addressed at the June Workshop Meeting at which time a recommendation will be made by the Town Manager. Mr. Michael Dent of Casuarina requested that the Long Associates pay- roll and fringe benefit survey be made available to the public as soon as it is received in its final form. Mr. Dent also commented that the Town should not consider the proposed Building Moratorium Ordinance prior to obtaining the pending water reports from Camp Dresser & McKee, the Town's engineers. REPORTS ~ TOWN COMMISSION: Mayor Betty Jean Stewart -- Mayor Stewart reported that she had attended a meeting of the Beaches and Shores Council on May 11, 1987, at which time the proposed Sea Turtle Protection Ordinance had been referred back to a sub--committee for further review. • The Beaches and Shores Council voted to have the Lake Worth Inlet groin ~~ Town Commission Regular Meeting June 2, 1987 Page 2 of 9 removed. Also, the Council. will be considering plans for John D. MacArthur Park. Eric Olsen, Engineering Consultant for the Beaches and Shores Council reported that the overflight of the Palm Beach County area was complet~ ed on April 6 and that the aerial photographs would soon be available for use by the various municipalities. Plans have been submitted to the Beaches and Shores Council for the riprap wall on the Royal Highlands site (Teton International). The Beaches and Shores Council is considering the appointment of a Beach Advisory Board to consist of representatives of the Department of Natural Resources, Department of Environmental Regulation, Department of Community Affairs and various local agencies. Mayor Stewart then introduced a proposed Resolution which authorized the execution of the proposed Agreement between the Town and the prin- cipals on the Hoffman/Broadview project for the obtaining of permits for work under Phase II of the project. Mayor Stewart noted that for record keeping purposes, any new contracts or agreements should be • entered into accompanied by an authorizing Resolution. This Resolution was read by the Town Clerk. Lee Worsham, attorney for Broadview Savings and Loan, was present and noted that he had some problems with the language of Paragraph 9 on Page 3, wherein in required notification of any name changes on permits prior to such change being affected. Mr. Worsham noted that he felt it was the Commission's intent to require only notification of any changes in the principals on the project prior to transfer. Substantial discussion then took place regarding the protection of the Town's water lines on the property, a matter which had been included in the Phase I Agreement, but not in the Phase II Agreement. It was determined by the Town Commission that although the work to be performed in Phase II might have less of an effect on the Intracoastal water line within the Intracoastal, that the Town's main transmission line and force sewer main crossed this property. It was agreed by all parties that the Town Attorney amend the Agreement in conformance with Attorney Worsham's proposal with regard to Paragraph 9, and further, that a paragraph be added to assure protection to the Town's water transmission line and force sewer main by providing for the transferring of the existing Letter of Credit in the amount of $25P1, 0(~f6. (~0 to the completion of Phase II of this project. Vice Mayor Blosser expressed concern regarding the November 1 completion date citing possible planting problems, however, it was the consensus of the Town Commission that this date was adequate in view of the provision of survival rates for those plantings required. Attorney Sliney was directed to make the requested changes to the Agreement. ~ /~ r Sown Commission Regular Meeting June 2, 1987 • Page 3 of 9 MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER BASSO to adopt the Resolution authorizing the execution of the Agreement as approved with the two changes as requested by the Town Commission. This MOTION carried unanimously with favorable votes. Vice Mayor Mary Louise G. Blosser Vice Mayor Blosser commended the Sun Sentinel's coverage regarding the hurricane season. Vice Mayor Blosser requested that the Building Official check on several sales trailers which were due to have extensions of their permits. Further, the sites should be checked for materials, fences, etc., due to the hurricane season beginning. Commissioner John J. Basso -- No report Commissioner David T. Robinson -- Commissioner Robinson deferred his remarks until later in the meeting at which time the proposed Town Hall Christmas decorations will be addressed. • Commissioner Robert F. Scholz - No report REPORTS -- TOWN ATTORNEY: With regard to Concordia Properties (Town Lots 101 E/W), the Town Att- orney gave a report summarizing the items contained in an opinion letter of David K. Friedman dated May 26, 1987, which letter opined that under the Town's codes, a transfer of density, nor relaxation of the height restrictions were allowable. It was the consensus of the Town Commission to concur in the opinion of the Town Attorney, with no action being necessary. The Town Attorney is currently reviewing the certification documenta- tion necessary to execute the contracts for the water system improve- ments. REPORTS - TOWN MANAGER: Mr. Williams noted that the Department of Community Affairs was con- ducting a series of two day meetings on Growth Management within the State. Mr. Williams and Mrs. Rome, Vice--Chairman of the Planning Board will be attending the two day session in Stuart on Monday and Tuesday, June 8 and 9. • Mr. Williams reported that Russell and Axon, Engineers, have produce/` d V Town Commission Regular Meeting • June 2, 1987 Page 4 of 9 the preliminary documents on the repair of the Bel Lido Bridge Wingr walls. Attorney Sliney will review these items prior to going to bid. This matter is tentatively scheduled for a bid opening at the June Workshop with possible award of the bid at the July Regular Meeting. After award of the bid, the work should be completed within 60 days without interruption of traffic over the Bel Lido Bridge. With regard to the THM project, Mr. Williams reported that permitting should take approximately 6 weeks. Permits are still being awaited from the Department of Health and the City of Boca Raton. After pe e- mitting is complete, it should take approximately 45 days to implement the ammonia treated system. Mr. Williams reported that with regard to Phase I which entailed the dredging permitted on the Hoffman/Broadview site, said dredging has been completed. A letter from Darby and Way has been received confirm- ing this fact. The size of the area dredged is approximately 25' wide with a maximum depth of 16'. The recommended criteria for the implementation of water restrictions in cases of emergency will be addressed at the June Workshop Meeting. • REPORTS ~ BOARDS AND COMMITTEES: The various meeting dates of the Town's Boards were published, along with the existing Board vacancies. MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER BASSO that Grover Ensley be appointed as a Member of the Financial Advisory Board for a three year term. This MOTION carried unanimously with favorable votes. MOTION was made by COMMISSIONER BASSO/COMMISSIONER SCHOLZ that Marvin Waldman be re appointed as a Regular Member of the Planning Board for a three year term. This MOTION carried unanimously with favorable votes. MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER BASSO that Chris Bartlett be re--appointed as an Alternate Member of the Planning Board for a one year term. This MOTION carried unanimously with favorable votes. • Mr. Lowell Blum, Chairman of the Police Advisory Board, addressed the Town Commission requesting their consideration in hiring an additional police officer as well as pay increases for the Police Department, during the upcoming budget process. Mr. Blum also urged the Town Commission to appoint someone to the Alternate Member vacancy which exists on that Board. ®r~ • Town Commission Regular Meeting • June 2, 1987 Page 5 of 9 PROPOSED RESOLUTIONS AND ORDINANCES: 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 expressed a concern for the authority that munici~ palities had to enforce such regulations on private property, citing a recent Wall Street Journal article addressing this matter. Attorney 5liney stated that it was his opinion that the article was not relevant to the proposed regulations that the Town was proposing and that the Town did have a right to regulate the use of signs on private property. It was further noted that the Department of Transportation would be the enforcing agency on signs located within the right-of--way. During discussion the following amendments were made to the ordinance: Section 23-2 (7) was amended by substituting the word "allowed" for the word "defined". • Section 23-12 was amended by adding the word "tree" after the words "telephone post". The entire ordinance was read as amended, after which MOTION was made by COMMISSIONER BASSOfCOMMISSIONER ROBINSON to adopt the ordinance. This MOTION carried unanimously with favorable votes. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, TO BE DESIGNATED AS THE BUILDING PERMIT MORATORIUM ORDINANCE; RELATING TO SUSPENSION OF APPLICATIONS FOR BUILDING PERMITS FOR NEW CONSTRUCTION AND THE ISSUANCE THEREOF; MAKING LEGISLATIVE FINDINGS OF FACT; DECLARING THE LEGISLATIVE INTENT AND PURPOSE OF THIS ACT; DECLARING A MORATORIUM ON APPLICATIONS FOR AND ISSUANCE OF BUILDING PERMITS FOR NEW CONSTRUCTION; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. The Mayor read this ordinance by title only for its first reading, an- nouncing that two Public Hearings will be held, the first being on June 22, 1987 at 5:01 p.m. Mayor Stewart also stated that the second Public Hearing was tentatively scheduled for July 6, 1987 at 5:01 p.m. A schedule of the proposed adoption of this ordinance will be posted for public inspection in Town Hall. Answering Vice Mayor Blosser's inquiry as to whether the THM project would be completed by July 6, 1987, Mr. . Williams indicated that he did not feel that it would. ~~ V Town Commission Regular Meeting June 2, 1987 Page 6 of 9 3. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REPEALING RESOLUTION N0. 364 WHICH AUTHORIZED EXPENDITURES UP TO $50(4.00 BY THE TOWN MANAGER, WITHOUT TOWN COMMISSION APPROVAL FOR DISBURSEMENT THEREOF. This Resolution was read in its entirety, after which MOTION was made by COMMISSIONER ROBINSON/COMMISSIONER BASSO to adopt same. This MOTION carried unanimously with favorable votes. 4. A RESOLUTION AUTHORIZING THE SECURING OF A SAFE DEPOSIT BOX AT FIRST UNION FOR STORAGE OF FINANCE DEPARTMENT COMPUTER DISKS. :~ This Resolution was read in its entirety, after which MOTION was made by COMMISSIONER BASSO/VICE MAYOR BLOSSER to adopt same. This MOTION carried unanimously with favorable votes. Mayor Stewart then advised the Town Commission that Anne Carr, Director of Sales and Marketing for Concordia Properties, representing Philip Colman, had written a note indicating that the Town's actions on this matter were unclear and requested clarification. Mayor Stewart reiter~ ated that the Town Attorney had rendered a report in which the Town Commission concurred regarding Lots 101 E/W. Ms. Carr then read a statement into the record on behalf of Mr. Colman, a copy of which was submitted for the record and has been attached hereto for reference. REGULAR BUSINESS: Items Left Over 1. Considerationof Nursery Bid of Mangus Nursery for Greening Program and upgrading of Lift Station 1 Mr. Williams reported that with regard to the Town Commission's ques- tion as to the use of tabebuia trees due to the possibility of "root system problems", he had referred to the Division of Forestry's publi- cation of "60 Trees for South Florida". Mr. Williams stated that the tabebuia tree received the highest rating given in the publication and felt that there would be no problems in utilizing the trees as included in the proposed bid of Mangus Nursery. Vice Mayor Blosser again rer ferred to an article wherein a representative of the DOT felt that the root systems of tabebuia trees would be detrimental near rights--of--way. MOTION was then made by COMMISSIONER BASSO/COMMISSIONER ROBINSON to award the bid in the amount of $7,400.00 for trees for the Greening of AlA Program and for the upgrading of Lift Station 1 to Mangus Nursery. This MOTION carried unanimously with favorable votes. Mayor Stewart • expressed her concern that the structure at Lift Station 1 be painted prior to the landscaping being installed. Mr. Williams stated that he /~C~~~ Town Commission Regular Meeting • June 2, 1987 Page 7 of 9 would be having Lift Station 1 painted by in--house staff at an early date on a Saturday. 2. Consideration of Six Month Budgetary Transfers The six month budgetary transfers as outlined in the Town Manager's memorandum and attachments dated May 19, 1987 was then addressed. It was noted by the Vice Mayor that on Page 10 of 11, Account 0114--41- 5460 was cited as $7,000.00 with a proposed decrease of $750.00, however, on the most recent print out received by the Town Commission, this line item was listed as $2,000.00. Mr. Williams stated that this was most probably a typographical error, however, would not change the decrease of $750.00 in that account which was the transfer amount under consideration at this time. MOTION was then made by COMMISSIONER BASSO/COMMISSIONER ROBINSON to approve the budgetary transfers as recommended by the Town Manager. This MOTION carried unanimously with favorable votes. 3. Consideration of April 23, 1987 memorandum from Chief Cecere It was noted that Chief Cecere was requesting a police clerk be hired to aid in the administrative duties of the Police Department, particu- larly during the summer months when police vacations were being taken. Mayor Stewart noted that the Town Code, under Section 2-20, authorized the Town Manager to employ personnel, and therefore, this Agenda Item was withdrawn and the Town Manager was directed to handle the request administratively. Mayor Stewart noted that she was supportive of the request, however, felt that the Town's rules and regulations regarding procedure of administrative matters should be followed. 4. Consideration of purchase of Christmas decorations A visual presentation was presented by the Town Manager, with it being noted that the artwork for such presentation had been done by Commis- sioner Robinson. The Town Commission commended and thanked Commission- er Robinson for his assistance to the Town in this regard. There was a general consensus that the implementation of the plan was a worthy pro- ject. Commissioner Robinson recommended that the. Town avoid the use of any green lights, garland, banners, etc., as they would tend to get lost within the greenery around Town Hall. Further, the Season's Greet- ings Banner should be moved to the Fire Station rather than on the breezeway between the administrative buildings as it will be hidden by the trees. Commissioner Robinson further felt that the use of the re~ commended banners would be ineffective and should be eliminated. The Town Commission concurred in the observations of Commissioner Robinson. Further, Mayor Stewart noted that the proposed Season's Greetings sign might be done less expensive by a local carpenter. ~~/~7~ Town Commission Regular Meeting June 2, 1987 • Page 8 of 9 The Town Manager was directed to seek additional sources for the re- commended items and present such prices to the Town Commission in time for the June Workshop Meeting. 5. Consideration of request of Building Inspector in memorandum dated May 13, 1987 A memorandum from Anthony Abbate, Building Inspector, requesting the consideration of two months severance pay was then addressed by the Town Commission. Mr. Williams noted that inasmuch as this position was slated for phase out with the upcoming budget, that the Town would save money by allowing Mr. Abbate to retire on his terms at this time, rather than facing the unemployment liability of phasing this position out. Vice Mayor Blosser felt that this was a policy decision and that the Town might be setting a precedent by authorizing the requested severance pay, and felt that the Financial Advisory Board's recommenda~ tion and the Town Attorney's opinion should be obtained prior to any action being taken on this matter. Commissioner Basso noted that Mr. Abbate had not been on the retirement plan and therefore the Town had not been having to contribute 5% of his salary to this plan which might be an offset to the request. Mr. Williams noted that this would be a • voluntary retirement wherein the Town would have no obligations, how- ever, we would, should the position be phased out and Mr. Abbate apply for unemployment compensation. MOTION was made by VICE MAYOR BLOSSER/ MAYOR STEWART that the recommendation of the Financial Advisory Board be obtained as well as an opinion from the Town Attorney on the phase out of retiring employees and the Town's obligations. This MOTION carried unanimously. It was noted that the Financial Advisory Board would be meeting on Thursday, June 4, 1987. Commissioner Robinson pointed out that this was a Town Manager/Employee situation and that the Town Manager should exercise his options as spelled out in the Town Code upon the advise and counsel of the Finan- cial Advisory Board and the Town Attorney. Although the Vice Mayor felt that this was a policy matter, the Town Commission concurred in Commissioner Robinson's position that the Town Manager exercise his options. Mr. Williams noted that he would meet with the FAB on Thursday regarding this matter. Attorney Sliney stated that he would have an opinion submitted to the Town Manager prior to Friday, June 5, 1987. It was further recommended that an Agreement be obtained by the Town Manager from Mr. Abbate stating that his retirement was voluntary and releasing the Town from any liabilities in the future with regard to this matter. Vice Mayor Blosser asked if there were any immediate plans for the un- developed portion of the Frederick property at the north end of Town as referred at the last meeting by Mayor Stewart. Mayor Stewart noted that she had only advised the Town Commission to look at what possibil---j ~` ~„" • • Town Commission Regular Meeting June 2, 1987 Page 9 of 9 ities might be forthcoming on that property, and that there were no immediately plans submitted by Mr. Ince. Mr. Williams noted that with regard to the requested police clerk, he would be looking to hire someone for less than 6 months in order to avoid the Town's liability for vacation, sick and insurance benefits. With regard to the request for an additional police officer, this matter should be considered during the budget process. Mayor Stewart asked that if anyone was interested in attending a breakfast at Palm Beach Junior College on June 4, 1987 please advise her. Mayor Stewart noted that the Junior College would be requesting a millage increase for funding. There being no further business to come before the Town Commission at this time, the meeting adjourned at 3:30 p.m. APPROVED: A T: DATE: MAYO BETTY JEAN STEWART VICE-' AYOR MARY LOUISE G. BLOSSER IS I; R dOHN/~J. BASSO f""'_ '` ~. . COMMISSIO ER ROBERT E. SCHOL OMMISSIONER DAVID T. ROBINSON ATTACHMENT: (1) P. COLMAN STATEMENT