1987.12.29_TC_Minutes_Workshop
TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
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WORKSHOP MEETING
Tuesday, December 29, 1987 1:30 P.M.
The Workshop Meeting of the Town Commission was called to order by
Mayor Betty Jean Stewart at 1:30 p.m. on December 29, 1987, in the
Town Commission Chambers at 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, Acting Town
Manager/Town Clerk Mary Ann Mariano, Former Town Manager Hugh D.
Williams, Deputy Town Clerk Elizabeth L. Kolek, and members of the
general public.
Mayor Stewart asked for additions or deletions to the agenda.
After some discussion and with input from the Planning Board
Chairman that this item is on the next Planning Board Meeting
Agenda, inasmuch as it was the consensus of the Town Commision to
delete 87.20, Concordia Investments, from the agenda today and
discuss the matter at another time.
87.1 Public Comments and Requests:
Mr. Philip Colman, of Concordia Properties, Inc., addressed the
Town Commission and ob]]'ected to Lots 101 East and West being taken
off today's agenda. Mr. Colman expressed his opinion that no
problems presently exist on this property and that this delay was
not justified. Mr. Colman asked the Town Commission to consider
this matter today.
Mr. Michael Dent, resident of Casuarina, addressed the Town
Commission and stated that he felt the Town Commission had an
obligation to discuss the Concorida Properties matter, inasmuch as
the item appeared. on the agenda, even though no action could be
taken today.
Attorney Sliney stated that the Town Commission can set it's own
agenda, or amend their agenda and that the removal of this item
from today's agenda was proper and in order.
It was the consensus of the Town Commission that Former Town
Manager Williams should be excused from attending today's meeting
and return to pending projects in his office that warranted his
completion before December 31, 1987, which is his final day of
employment.
87.2
Boards and Committees:
The following vacancies were noted:
Police Advisory Board - 2 Regular Member Vacancies (Lowell
Blum's term expires 1/88 and is eligible for a two year
reappointment)
Town Commission Workshop Meeting Minutes
December 29, 1987
Page 2 of 6
Code Enforcement Board - 1 Regular Member vacancy
Financial Advisory Board - 1 Regular Member vacancy
Mr. Fred Firstenburg, Talent Bank Applicant and a resident of
Ambassadors East, was interviewed by the Town Commission. Mr.
Firstenburg expressed interest in the Financial Advisory Board.
87.3 Proposed Ordinances and Resolutions
A resolution supporting banning offshore oil drilling without a
thirty mile buffer zone in the State of Florida and the Keys was
discussed. The consensus of the Town Commission was to prepare
the resolution for further discussion and possible action at the
Regular Meeting on January 5, 1988.
87.18 Discussion re microfiching of Town records and updating
Town Code
After some discussion, it was suggested by Mayor Stewart that more
information be gathered, including costs, regarding updating the
Town Code. Vice Mayor Blosser will oversee the gathering of
information prior to the March Workshop meeting. Vice Mayor
Blosser felt that the present storage of records was sufficient
during the latest hurricane threat and that the updating of the
Code should have first priority. It is the consensus of the Town
Commission that it is important to update the Town Code and that
this should be included in the upcoming budget review. It was
noted that there are no funds presently appropriated for this
purpose, but Mr. Williams stated money was available. The Town
Commission will discuss this matter further at the March Workshop
Meeting.
87.19 Discussion re Byrd Beach Unity of Title
After much discussion with the Town Attorney and Attorney Bob
Eisen, there was no problem with the concept of releasing the Ince
lots from the existing Unity of Title. Lots will remain RS
zoning. Commissioner Basso expressed his concern as to any
changes to be made in the existing wall to allow for ingress and
egress to each lot. Peter Ince stated that there are presently
landscaped breaks in the wall to accommodate future proposed
driveways. Attorney Sliney will prepare a Resolution regarding
the Byrd Beach (Camelot on the Ocean) property Unity of Title,
with further discussion and possible adoption at the January 5,
198$ Regular Meeting.
REPORTS - TOWN COMMISSION:
Mayor Betty Jean Stewart - No report.
Vice Mayor Mary Louise G. Blosser - Vice Mayor Blosser felt
that there is a need to review and evaluate the existing
contract for fire/rescue services. Vice Mayor Blosser
feels that the Town should study alternate means of
service. Acting Town Manager Mariano stated that the
records from a prior study would be made available for
the Commissioners to study. It was the consensus of the
Y
Town Commission Workshop Meeting Minutes
December 29, 1987
Page 3 of 6
Town Commission that a separate Workshop Meeting could
be held if this topic warranted discussion. No specific
date was set.
Commissioner John J. Basso - No report.
Commissioner David T. Robinson - The speeding of boats on the
Intracoastal Waterway was discussed. Commissioner
Robinson will prepare a letter to the No Wake Committee
(who meets in January prior to holding a public hearing
in February) on behalf of the Town, citing safety,
economics, and environmental concerns, etc.
Commissioner Robinson recommended that the Town
Commission adopt a resolution supporting this position.
A resolution will be prepared for review at the January
Workshop Meeting.
Commissioner Robert F. Scholz - Commissioner Scholz felt that
the newsracks screening needs to be redesigned and felt
that the Community Appearance Board should be involved
in finding a viable solution. Lattice enclosures were
suggested but discussion revealed that lattice would not
be durable. Mayor Stewart reminded the .Commission of
the discussion re this matter in the October 27, 1987
. minutes and cited the provisions in the Town's Newsrack
Ordinance regarding screening of newsracks. No
consensus was reached on this item.
REPORTS - TOWN ATTORNEY:
Attorney Sliney stated that the Boca Hi/Citicorp suit has been
reassigned from Judge Williams to Judge Rutter. The case is set
for February 1, 1988. After the Motion to Address the Judge is
heard by the Judge on January 31, 1988, which will set the time of
hearing, Attorney Sliney will report back to the Town Commision.
Regarding the Hidden Harbor Property, a Notice of Violation has
been issued for the activity continuing on this site in spite of
the November 30, 1987 expiration of the Town's permit. If such
activity is not completed by January 18, 1988, a citation will be
issued and forwarded to the Code Enforcement Board for action.
REPORTS - TOWN MANAGER:
Acting Town Manager Mariano breifly went over her Memorandum to
the Town Commission, dated December 28, 1987, re Status of Town
Projects, which included the following: THM Project, Interim Well
Project, Bel Lido Bridge Project, Retention of Town Engineers,
ICMA 401 (a) Retirement Plan, Bel Lido Entrance, Xeriscape Project,
New Police Vehicle, New Personnel Policy, Long Report, Condominium
Managers Meetings, New Maintenance Employee, and Audit Proposal.
(COPY IS ATTACHED and made a part of these minutes)
Town Commission Workshop Meeting Minutes
December 29, 1987
Page 4 of 6
The THM Project should be fully operational by the end of January
1988. All property owners will be notified of the change to the
ammonia system a few weeks prior to the change, with a Certificate
of Mailing used to verify the mailing of such notices.
The Interim Well Project should be operational by mid-February
1988.
The Bel Lido Bridge Project (wing walls) is complete. It was
noted that some funds had been withheld from the general
contractor for payment to the engineer for penalties issued. A
recommendation was made by Mrs. Mariano that the general
contractor be paid, with the engineers seeking any funds due them
directly from the general contractor, unless a written release is
received from the general contractor to the engineer.
A letter from Coopers and Lybrand (the Town's auditor) was then
submitted for discussion. The letter included the proposal for
the continuation of auditing services for the amount of
$17,500.00. Mrs. Mariano indicated that in addition to the
increase in the contract (which presently is $16,0041.00), the
auditors are seekiong to have the Town provide additional clerical
assistance. Inasmuch as Mrs. Mariano was not present for any
verbal discussion on this matter, Stanley Novak (Chief Accounting
Officer) was asked to join the meeting.
• AT THIS TIME (3:00 P.M.), THE MEETING WAS RECESSED FOR FIVE
MINUTES.
Upon reconvening the meeting at 3:05 p.m., Mr. Novak advised the
Town Commission that in conversations with Coopers and Lybrand and
Town Manager Hugh Williams, it was requested that the Town prepare
end of the year financial statements, as well as several other
word processing functions. These functions had been done by
Coopers and Lybrand in the past. Inasmuch as the Town Commission
did not feel that requests for proposals are in order at this
time, Mrs. Mariano will discuss the proposed contract further with
Coopers and Lybrand before proceeding futher on this matter. A
draft of the current audit has been received. The Acting Town
Manager and Chief Finance Officer will meet with a Coopers and
Lybrand representative on December 30, 1987.
The Russell & Axon engineering fees were discussed earlier in this
meeting.
There was some discussion regarding the proposed ordinance to
require trimming of the bike path by Mayor Stewart as to how the
costs incurred in the trimming of the bike path would be bourne by
the property owner, as is done when the Town trims vacant lots.
This matter will be discussed further at the January 26 Workshop
Meeting.
Town Commission Workshop Meeting Minutes
December 29, 1987
Page 5 of 6
•
Commissioner Scholz gave a verbal report regarding the Engineering
Ranking Committee. A written report was submitted by the Acting
Town Manager indicating that the following three firms were
selected as finalists: (1) James Montgomery Engineers, (2) Mock,
Roos Engineers, and (3) Gee & Jenson, Engineers. Acting Town
Manager Mariano was directed by the Town Commission to obtain a
contract proposal from James Montgomery Engineers..
The Community Appearance Board recommendations as set out in their
December 21, 1987 Memorandum re the Town's Xeriscape Ordinance
were discussed. The Community Appearance Board recommended that
the Town look at the regulation of broken sprinklers, however, the
problem of enforcement was discussed. Chairman Helene Harris was
present. The Community Appearance Board feels that exempting the
site plan fee might encourage property owners to use xeriscape in
their landscaping. Vice Mayor Blosser felt that once the model
project is completed at Town Hall, the response to using xeriscape
plants will be better. This matter will be further discussed at
the January 26 Workshop Meeting. It was also suggested that this
matter be discussed at a future meeting with condo managers.
Acting Town Manager Mariano reported that the Utilities Department
has submitted a very complete annual report, the Police Department
and Finance Department will submit their annual reports after the
close of business on December 31, 1987 (which will be by next
week), and the Town Clerk's. Department will submit their annual
report in early January 1988. These reports will be further
discussed at the January 26 Workshop Meeting. The Department
Heads wil be available at that meeting to answer any questions
regarding these reports.
The U.S. Geological Survey yearly contract $6,500.00 matching
grant for water testing was discussed. It was the consensus of
the Town Commission that this item be on the Consent Agenda of the
January 5, 1988 Regular Meeting.
Notice was received from Palm Beach County regarding a request for
a change from Residential Medium zoning to Commercial zoning by
the owners of Cote d'Azure at the Northern border of Highland
Beach (located in a county pocket in Delray Beach, East side of
State Road A-1-A). It was the consensus of the Town Commission to
send a reply to Palm Beach County prior to February 4, 1988, when
this matter will be heard (and possibly acted upon) by the County
Land Use Board, opposing this zoning change due to the traffic
congestion it will create, as well as being a detriment to the
expensive single family properties in that area of the Town of
Highland Beach.
Town Commission Workshop Meeting Minutes
December 29, 1987
Page 6 of 6
Acting Town Manager Mariano stated that correspondence was
received from the Florida Municipal Health Trust Fund (health
insurance for Town employees) requesting nominations for Trustees.
Mrs. Mariano reported that the Florida Department of Corrections
requires a yearly inspection, by the Fire Department, of the
holding cells at our police station. An inspection report was
completed and sent to the Dept. of Corrections on December 1,
1987. There were no violations noted.
After some discussion, it was the consensus of the Town Commission
that the Town Manager, Hugh D. Williams be excused today (December
29, 1987) from any further duties, instead of being present until
his official last day of employment which is December 31, 1987.
Commissioner Robinson read a memorandum from the local Clerk of
Elections, Mrs. Helene Harris, dated November 19, 1987. (COPY IS
ATTACHED and is made a part of these minutes)
Commissioner Robinson questioned how a change in a candidate's
qualifying requirement could be accomplished. Attorney Sliney
will research Section 166.041 of the Florida Statutes, as to how
this can be accomplished (either by ordinance or referendum),
inasmuch as this may require a Charter change.
There being no further business to discuss at this Workshop
• Meeting of the Town Commission, MOTION was made by Commissioner
Basso/Commissioner Robinson to adjourn this meeting at 3:40 p.m.,
with all Commissioners in favor.
APPROVED: ~~i~~-r~~
Betty Jean Stewart, Mayor
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Mary Lo se~G. Blosser ice M yor
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uonn ryas issioner
vid T. R~ob_' Commissioner
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Robert F~Scholz, Commissio~ier
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ATTACHMENTS: (1) ACTING TOWN MANAGERS MEMO OF 12/28/87
(2) MEMO FROM HELENE HARRIS, DATED 11/18/87
MEMORANDUM
TO: TOWN COMMISSION
FROM: MARY ANN MARIANO, TOWN CLERK
DATE: DECEMBER 28, 1987
RE: STATUS OF TOWN PROJECTS
In answer to Mayor Stewart's memorandum dated December 21,
1987, requesting a summation of the Town's projects, I
herewith submit the following:
THM, PROJECT: The Town submitted its proposed "Emergency
Action Plan" to Rick Wolfe of the City of Boca Raton on
December 16, 1987. We expect Boca's permit to be issued
any day. On. January 4, 1988, Harvel and DeLand will com-
mence the installation of the required fire hydrant and
spray system. The ventilated cinderblock housing for the
ammoniators will then be built and the tanks installed.
When the ammonia is injected into the system, it will be
by small amounts until a satisfactory blend is reached to
insure maximum bleaching and minimum THM's. It is the
Town's goal to decrease the THM level to 25 ppm. CDM is
continually monitoring the progress in this project and
. expects it to be fully operational by the end of January.
Letters will be sent by mid- January to all property owners
advising of the project and its effects on dialysis patients
and tropical fish.
INTERIM WELL PROJECT: The well has been dug and a concrete
pad is being poured. The well pump has been ordered and
should be delivered within the next three weeks. A chain
link fence will be installed around this well for protec-
tion. CDM will monitor this project until its completion.
Both CDM and Meredith Corporation (the general contractor)
feel that this well should be fully operational by Februa-
ry 15, 1988, pending a prompt final approval by DNR.
I have further reminded CDM that pursuant to their contract
on the Interim Well Project, we are expecting a "Well Opera-
tion Program" analysis to maximize the efficiency of all our
wells once the interim well is complete.
BEL: LIDO BRIDGE PROJECT As confirmed by both Russell and
Axon and the President of the Bel Lido Homeowners Association,
this project now stands at 100% complete. The original Russell
and Axon contract was in a maximum amount of $15,000. Although
additional engineering fees were sought, the Town Commission
concurred that no further negotiations were in order. Addition-
al engineering fees should have been requested at the time of
the change order.
V
MEMORANDUM
TOWN COMMISSION
December 28, 1987
Page 2 of 3
With regard to the Hardtimes' contract in the amount of $76,180.00,
the amount of $12,424.43 was withheld by the Town as inspection
fees due from Hardtimes to Russell and Axon as the project was not
complete by the October 6, established date. Mr. Williams has
recommended that the Town pay this fee directly to Russell and
Axon. I feel that the Town should pay Hardtimes in accordance
with the existing contract and have Russell and Axon seek these
fees directly from the contractor. Should there be any dispute
between the engineers and the general contractor with regard to
these fees, I do not think the Town should be involved. This
project has been completed at approximately $30,000.00 less than
the budgeted amount of $125,000.00
With regard to additional Town matters, I would like to report
on the following:
RETENTION OF TOWN ENGINEERS Please see memorandum of December 23,
1987, re. Engineering Ranking Committee Report.
ICMA 401 (a) RETIREMENT PLAN: Pursuant to the action of the Town
Commission, this Plan will be in effect as of January 1, 1988.
Loretta Riegler, ICMA Representative, held two general meetings
as well as individual meetings with employees during the week of
December 21, 1987, to discuss the Plan. Ms. Riegler will meet
with the Town's Retirement Board on January 5, 1988, to explain
the logistics of the transition into the rewritten ICMA 401 (a)
Plan.
BEL LIDO ENTRANCE When the four Palm Trees were removed from
the bridge site and planted in the entrance medium, four breaks
occurred in the existing irrigation line. If the Town extends
its Xeriscape Project to include this area, the repair of the
irrigation lines will not be necessary. I ask that the Town
Commission give direction on this matter. Further, with regard
to the Bel Lido entrance and rights -of -way, no maintenance poli-
cy has ever been established and needs addressing. I will draft
a proposed policy at an early date.
XERISCAPE PROJECT The plan of Mangus Nurseries has been ap-
proved by the Town Commission. There is presently $18,500.00
appropriated in the budget with an additional $8,000.00 to be
given by South Florida Water Management District. We are pre-
sently coordinating the cutting down and chipping of existing
Pine Trees in order to save approximately $3,000.00 - $4,000.00
on required mulch. When dates are received on these items, co-
ordination with Mangus on installation will take place.
MEMORANDUM
TOWN COMMISSION
December 28, 1987
Page 3 of 3
POLICE VEHICLE On December 22, 1987, Mr. Williams placed an
order with Regency Dodge in Jacksonville for a Dodge Diplomat
at the state bid price of $10,320.00. Mr. Williams further
sold the existing vehicle to Mr. Richard Beattie of Miami
Beach for the amount of $873.00. Date of Delivery: late
February - early March.
NEW PERSONNEL POLICY Mr. Williams is drafting a proposed per-
sonnel policy which will be submitted to the Financial Advisory
Board for review at their January 11, 1988, Meeting. The F.A.B.
will also be reviewing the draft audit, the existing water rates,
the December financial statement and budgetary transfers.
LONG REPORT Pursuant to Town Commission action, the Long Report, -
with modifications by the Financial Advisory Board, was implemented
on December 1, 1987. I have made a written request to Mr. Kennedy
of Long and Associates to submit a copy of their raw data compiled
from the 14 communities used as a basis in the salary determinations.
CONDOMINIUM MANAGERS I feel these meetings should continue on a
bi- monthly basis rather than monthly to promote discussion on con-
. 'servation measures and the encouraging of the Xeriscape concepts
through Town.
MAINTENANCE EMPLOYEE: Mr. Williams has hired Pasquale Roman at a
beginning salary of $10,764.00. This is a budgeted position. Mr.
Roman will assist Ted Hanna in Town as well as assist in the grass
cutting, etc.,.at the Water Plant.
AUDIT The draft audit and management letter has been received.
Mr. Novak and myself will be meeting with the auditors to discuss
same on Wednesday morning, after which copies will be distributed
to the Financial Advisory Board for review and comment.
With regard to the Coopers and Lybrand Contract, you have received
a memorandum from Mr. Williams dated December 23, 1987, along with
Coopers proposal to continue their services on a year by year basis.
Inasmuch as we have completed a three year contract with Coopers
and Lybrand, I recommend that I be directed to obtain proposals
from other auditing firms as expeditiously as possible before any
decision is made on this matter.
As additional items arise which I feel should be reported to you,
I will be submitting supplemental memorandums.
ry I nn riano,
Town Clerk
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