1986.07.29_TC_Minutes_Workshop
TOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
WORKSHOP MEETING
Tuesday, July 29, 1986 1:30 P.M.
A Workshop Meeting was called to order by Mayor Edward J. Sullivan in
the Town Commission Chambers at Town Hall. Also present were Vice
Mayor Mary Louise G. Blosser, and Town Commissioners Sohn J. Basso,
William A. Grier and Betty Jean Stewart.
Also Present were Town Attorney Thomas E. Sliney; Town Manager Hugh D.
Williams, Town Building Official Bruce Sutherland; Town Clerk Mary Ann
Mariano, and various members of the general public.
Mayor Sullivan made a presentation to Lt. Harry Maher of his police
badge as a remembrance of his service to the Town of Highland Beach
upon his upcoming retirment. Lt. Maher thanked the Town Commission
along with the members of the Highland Beach Police Department for the
gratifying years he has had serving the residents of Highland Beach.
Chief Cecere then introduced Steve Gure, who will be filling the
upcoming vacancy in the Police Department as a Patrolman.
. 86.1 Public Comments and Requests:
Mr. Gary Turbeville, a resident of Third Wind, addressed the Town
Commission, requesting permission to park 20-30 vehicles on the right-
of-way once a month for a "full moon party". Mr. Turbeville was
advised of the Town's Ordinance prohibiting such parking recommended
that Mr. Turbeville acquire permission from private property owners to
park the automobiles on their property. Mayor Sullivan advised Mr.
Turbeville that the Town would be installing signs at an early date to
remind the residents of the Town Code prohibiting parking on any
rights-of-way. -----
Lt. Horowitz, representing Chief Calisin, and Chief Kimberly, Rescue ~~,
Battalion Chief, of the Palm Beach County Fire/Rescue Department were ~'
present. Lt. Horowitz was questioned regarding the absence of the ~' ~~
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rescue van from the Town station. Lt. Horowitz indicated that the
mini-pumper now stationed in Highland Beach had the same capabilities
as the rescue van, except that it could not transport. If a situation,
warrants transporting, another unit must be called to Highland Beach.
Further, Lt. Horowitz indicated that the paramedics were not licensed
by the County Commission to transport except in an emergency wherein an
ambulance was not readily available or had a break down. Lt. Horowitz
indicated that the Atlantic Palm Beach Ambulance Service was the only
transporting units licensed by the County to be used in connection with
911 calls. Private ambulance services can be used also if telephoned
directly. Lt. Horowitz also indicated that the paramedics were allowed
• one trip per day out of the Town to go grocery shopping or to do
errands.
Town Commission Workshop Meeting
• July 29, 1986
Page 2 of 9
Commissioner Stewart expressed her concern regarding the unit being
absent from the Town and the problem of a unit being on the west side
of the Intracoastal bridge, should the bridge be up and assistance
needed in Highland Beach. Lt. Horowitz indicated that each unit had
the telephone numbers of all bridge tenders in order to advise them to
lower a bridge in cases of emergency.
Commissioner Grier commended the Palm Beach County Fire/Rescue Depart-
ment on their recently implemented inspection procedure for annual
inspections of multi-family dwellings. Vice Mayor Blosser asked about
smoke alarm requirements. Lt. Horowitz noted that smoke detectors were
only required in common areas of condominiums. With regard to older
buildings, they have been given a time stipulation to come into
compliance with these regulations. As a courtesy, a copy of each of the
inspection reports will be filed with the Town.
86.2 Boards and Committees:
It was noted that the term of Raymond Masciarella, Alternate Member of
the Board of Adjustment would be expiring in August 1986.
. 86.3 Proposed Resolutions and Ordinances:
1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
PROVIDING FOR REGULATION OF HELICOPTERS WITHIN OR
OVER THE TOWN.
This proposed Ordinance was discussed. It was the opinion of the Town
Attorney that this Ordinance would be difficult to enforce inasmuch as
there were no qualified staff members to make a determination as to
safety factors in the regulation of the helicopters operating in Town.
The Town Attorney's office was advised by the Palm Beach County
Aviation Control Tower that local jurisdiction would have to determine
safety factors if such regulations were promulgated. It was the
consensus that this Ordinacne be placed on the Regular Meeting Agenda
for the purpose of tabling same until an indefinite time and that the
matter of allowing helicopters to operate in Town to assist in the
repair or replacement of mechanical equipment be handled on an adminis-
trative basis. Commisioner Grier noted that the Town could require the
pilot to be licensed and the helicopter to have adequate liability
insurance.
2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING CHAPTER 7, SECTION 7-l.l ENTITLED "AMENDMENTS
TO STANDARD BUILDING CODE" TO ADOPT THE 1985 EDITION
OF THE STANDARD BUILDING CODE.
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own Commission Workshop Meeting
July 29, 1986
Page 3 of 9
This proposed Ordinance will be given first reading at the August 5,
1986 Regular Meeting.
3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING CHAPTER 19, ENTITLED "PLUMBING CODE",SECTION
19-1 ENTITLED "STANDARD PLUMBING CODE - ADOPTION", TO
ADOPT THE 1985 EDITION OF THE STANDARD PLUMBING CODE.
This proposed Ordinance will be given first reading at the August 5,
1986 Regular Meeting.
4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING CHAPTER 8, ENTITLED "AIR CONDITIONING CODE",
SECTION 3-l.l ENTITLED "SAME - AMENDMENTS, DELETIONS
AND ADDITIONS" TO ADOPT THE 1985 EDITION OF THE STANDARD
MECHANICAL CODE.
This proposed Ordinance will be given first reading at the August 5,
1986 Regular Meeting.
86.13 Discussion re Centel Cable Television
Pursuant to the request of Centel Cable, this matter was deferred until~~~~,~
the August Workshop Meeting. -~
86.16 Discussion re parking on Town rights-of-way.
Two letters from residents, one from Mr. Andreu and one from Mr. Caron,
both of Tranquility Deive were noted requesting permission to park on
the Town's right-of-way for temporary periods of time. Chief Cecere
also submitted a memorandum which cited Town Code Section 27-1 which
prohibits such parking, and further recommended that signs be posted
reminding residents of this Code section. This recommendation has
already been referred to the Community Appearance Board for their input
and will be considered by the Town Commission upon receiving the CAB
report. Commissioner Stewart recommended that the Planning Board
consider this matter with a view toward requiring additional quest
parking in future developments to alleviate some of the parking pro-
blems in Town.
86.17 Discussion re Royal Highlands Beach Re-nourishment.
Mr. Lorenz Schmidt, Vice President of Teron International, Inc. was
present and addressed the Town Commission, giving an update on the
status of the Royal Highlands project.
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• Mr. Schmidt reported that approval was received from the DNR to move "~'
the east-west return wall 15' as requested by Ambassador's East.
Town Commission Workshop Meeting
• July 29, 1986
Page 4 of 9
The seawall plans have been submitted to the Town and are under review
by the engineers.
Notification has been provided to residents within 1000' of the
proposed seawall as required by code.
Mr. Schmidt estimated that a surplus of 20,000 cu. yards of beach sand
will be available from this project. This amounts to 180,000 square
feet of sand 3' deep or 360,000 square feet of sand l 1/2' deep. Mr.
Schmidt noted that he wanted guidance in making this sand available to
beachfront properties in Town. After discussion, it was determined
that the Town would become involved in notifying all beachfront pro-
perty owners of the availability of the sand, and from that point,
actual coordination between the owners, DNR and Teron would be
necessary. Mr. Schmidt estimated that this sand would be available
around November.
REPORTS - TOWN COMMISSION:
Mayor Edward J. Sullivan -
Mayor Sullivan cited a letter received from Congressman Dan Mica which
indicates that Palm Beach County experienced the highest increase in
crime for the past year in the State of Florida and noted that a recom-
mendation for the mandatory sentencing of drug smugglers and dealers
would be forthcoming in the upcoming legislative session.
Mayor Sullivan cited a letter addressed to the Town Clerk from i;
Highlands Place requesting inclusion on the August 5, 1986 Regular
Meeting Agenda to determine guidelines for the issuane of a Certificate y `
of Occupancy for purposes of a sales office and models at that site. ,;~
It was the consensus of the Town Commission that this matter be placed ~~"•
on the August Workshop Meeting to give adequate consideration prior to ~~
any action being taken. -- `-~
Mayor Sullivan reported that he had received a letter from Chief Brice
of the Palm Beach County Fire/Rescue Department that the estimated cost ~
of fire service for the upcoming year would be $626,000, which is
approximately $23,000 lower than the past year. Commissioner Stewart
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noted that consideration should be given to the method of assessment of ~~'
costs due to the fact that property on the beach is assessed extremely ~'~
high, and the structures themselves which are the areas requiring fire
protection mainly, are assessed much lower. Therefore, beachfront
property owners may be paying a substantial sum for fire protection on
land which is not protected in comparison to other property owners not
owning land. Mr. Williams indicated that this would be an argument to
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transmit to the legislature during the next session.
Town Commission Workshop Meeting
• July 29, 1986
Page 5 of 9
Vice Mayor Mary Louise G. Blosser -
Vice Mayor Blosser cited a memorandum from the Planning Board request-
ing that John Tosh~r of Gee & Jensen be authorized to study the Milani
and Steindardt properties for possible rezoning. ATtorneySliney
indicated that this matter would be coming up under his report and
therefore, Vice Mayor Blosser deferred further comment until that time.
Commissioner John J. Basso -
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Commissioner Basso requested the status of the Town Manager forwarding
Delray Beach the amount of money determined by the Town to be owed with
regard to the sewer dispute. Mr. Williams indicated that a transmittal
letter had been approved by the Town Attorney, and that the check would
be hand delivered with the letter to Delray Beach tomorrow (Wednesday,
July 30, 19860.
Commissioner William A. Grier -
Commissioner Grier
personnel matters,
made a part hereof.
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read a statement into the record regarding recent ~"~'.~.
a copy of which is attached to these Minutes and
Commissioner Betty Jean Stewart -
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Commissioner Stewart requested the status of the $29,000 proposal from
Camp Dresser and McKee, the Town's engineers for professional services
in connection with the transition to the ammonia-based water treatment.
The Town Attorney is researching this proposal to detrmine whether or
not the Town can undertake the scope of services involving the bidding `~
procedures in order to reduce the cost of the proposal, and will report -,
on same at the August 5, 1986 Regular Meeting. ____~~
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Replying to Commissioner Stewart's inquiry, Mr. Sutherland, Building ~
Official, noted that he was getting an engineer to study the seawall '
plans for Royal Highlands on behalf of the Town and would report at an
early date to the Town Commission.
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Commissioner Stewart reiterated her comments made earlier in the
Special Meeting that the Town Manager be the contact person with the
South Florida Water Management District with regard to the installation;-"
of the interim well as approved. Although Camp Dresser & McKee are the
Town's engineers, the Town should have direct input and information `v'
from the SFWMD on this issue. Vice Mayor Blosser also recommended that
the Town consider appointing a representative of the Town to attend the '.
SFWMD meetings to gather any information which might be beneficial to
the Town in the provision of water services. Commissioner Stewart also
recommended that any Town representatives attending other county
Town Commission Workshop Meeting
• July 29, 1986
Page 6 of 9
meetings be alert to any information put out be the SFWMD which might
be helpful to the Town.
REPORTS - TOWN ATTORNEY:
Attorney Sliney noted that the Town was doing alot of work at the
Planning Board level with regard to the Comprehensive Plan and possible
changes to that plan as well as possible re-zonings. The Town Attorney
noted that he felt the scope of the Planning Board's review was widen-
ing and due to the existence of complex legislation, that each parcel
being considered be reviewed by a planner to benefit the Town in the
event of disputes by property owners over development of vacant
property. Although the Town has been working with Mr. Toshner of Gee
and Jensen,. the Town Attorney recommended that the Town Commission
consider the feasibility of retaining an in-house planner to review all
matters of zoning prior to any action being taken. This recommended
in-house planner would be a full-time position to undertake the study
of the land use on the remaining undeveloped property in Town. Due to /
the fact that the Town of Highland Beach does not have that much more ~-
property which is undeveloped, the Town Commission felt thatthe ~'
creating of an in-house plannning position was not feasible, and that
• general consultants could take care of the Town's needs. Attorney ~~'-~'
Sliney stated that the Town needs to assure that any future land use
considerations be reviewed by experts to defend any litigation by ~'=~'
developers. The Town Commission agreed that experts should be con-
sulted in any land use considerations, however, felt that a full-time
in-house position was not justified.
With regard to the Gee and Jensen review of the Boca Highland and
Hoffman properties, Attorney Sliney indicated that a report would be
forthcoming, noting that the consultants had done everything possible
up to this point. This matter will be further considered at the Town
Commission level at which time further input from Gee and Jensen will
be received.
Discussion ensued regarding a review by Gee and Jensen of the proposed
zoning for the Fredericks property, with the Town Manager being
directed to obtain same, which directive will be given ratification at
the August 5, 1986 Regular Meeting.
A memorandum from the Planning Board dated July 25, 1986 was then
cited, wherein the Planning Board was requesting that Mr. Toshner be
retained to review the Milani and Steinhardt properties. Vice Mayor
Blosser questioned why they wanted to r:~iew these particular parcels
prior to their reviewing the overall Town zoning map. Attorney Sliney
noted that the Planning Board felt that these were the only larger
parcels in Town which needed review.
Town Commission Workshop Meeting
. July 29, 1986
Page 7 of 9
Mr. Toshner will be requested to give a proposal on the request by the
Planning Board to review the Milani and Steinhardt properties in time
for the August 5, 1986 Regular Meeting. Mr. Toshner will also be
requested to provide a proposal to review the overall zoning of the
Town with regard to the zoning map and ordinance at an early date.
Attorney Sliney reported that Mr. Philip Colman had purchased the Ocean:..,
Terrace property and was continuing the pending litigation.
Attorney Sliney noted that the Drexel matter was under study by his
office.
A five minute recess was taken at this point in the meeting.
REPORTS - TOWN MANAGER:
Mr. Williams noted that with regard to the request for engineering pro-
posals, only one proposal each was received for {ter services and the
repair of the Bel Lido Bridge wingwalls. Mr. Williams will now proceed
to obtain bids on ~ese projects and report back to the Town Commission.
• Regarding the item to be discussed on newsracks, Mr. Williams indicated
that he had been in touch with several representatives of the local
newspapers who did not indicate a willingness to expend any funds to
provide aesthetically pleasing coverings. Several members of the Town
Commission felt that with the development of the Teron property, and
the future development of the Ocean Terrace st'~'e, the problem would
alleviate itself. Commissioner Stewart expressed concern regarding the
location of any future newsracks and felt that the Town should provide
for the regulation of them as far as safety factors and aesthetics,
having any requests for newsracks reviewed by the Planning Board and
Community Appearance Board like any other structure. This matter will
be addressed again at the August Workshop Meeting.
A letter from the Town Attorney warding approval to institute the
foreclosure of the Jarrett property due to unpaid fines wad discussed.
Mr. Williams indicated that Mr. Jarrett has requested to be allowed to
pay such past due fine over a period of several months. It was the gen-
eral consensus of the Town Commission that this amount, being $1,64J~.~0
should be paid at once without allowing several months. This matter
will be further discussed at the August 5, 1986 Regular Meeting.
The proposed creation of a countywide planning council was then
discussed. The County's growth management resolution attempting to
create a "super agency" to involve itself in municipal growth was
opposed by the Town. Mr. Williams indicated that the Municipal League
• held the same position limiting power of the County to conflict
resolution between two municipalities. A land planning agency which
would be able to dictate planning to the municipalities would be
Town Commission Workshop Meeting
July 29, 1986
Page 8 of 9
unacceptable. The Town Manager will present the position of the Town
to the Municipal League at a meeting to be held July 341, 1986.
The Town Commission then discussed the re-scheduling of the September
2, 1986 Regular Meeting, due to the PrOmary Election being held in the
Chambers that day. Itr~s also noted that the County Commission and
School Board would be holding their budget hearings on September 3 and
4. Inasmuch as the Town would be in a position to possibly adopt its
upcoming 1986/87 budget subsequent to those dates, Mr. Williams recom-
mended that the Town Commission hold its Regular Meeting on Friday,
September 5, 1986 at 1:30 p.m. The Town Commission concurred in this
recommendation and will take appropriate action to ratify same at the
August 5, 1986 Regular Meeting.
Mr. Williams indicated that the Financial Advisory Board would be
finalizing their recommendations on August 1, 1986 and that the Town
Commission would receive the budget on August 5, 1986.
The following budget dates were also established at this time:
. August 5, 1986 - 1:30 p.m. 1st reading of budget ordinances.
August 7, 1986 - 1:30 p.m. Budget Workshop
August 29, 1986 - 5:01 p.m. Advertised Public Hearing
September 5, 1986 - 1:30 p.m. Possible Adoption of Budget Ord.
Mr. Williams reported that five of the office telephones have been re-
moved to reduce the telephone costs in Town Hall for the leasing of
such phones. Mr. Williams noted that there will be an appropriation in
the 1986/87 budget for the purchase of a new telephone system.
There being no further business to come before the Town Commission, the
Workshop Meeting was properly adjourn~Y'-~t 4:20,p m~
APPROVED:
Edward J. JS~llivan, Mayor
Town Commission Workshop Meeting
July 29, 1986
• Page 9 of 9 '
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Wi 11am A. Grier, ommissioner
Be y Jean Stewart, Commissioner
ATTEST:
TO CLE K
DATE: f/~/'~~~~
ATTACHMENT
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• Excerpt of meeting of Town Commission 7/29/86 (U]orkshop Meeting)
Statement made by Commissioner Grier during his report to the
Town Commission.
[with your indulgence, Mr. Mayor, and the Commission, I would like to
address myself to what I consider to be pretty fundamental personnel
matters.
The FAB and the Town Manager have for some time been considering whether
the Town has too many employees and whether some of them are overpaid.
Those discussions have focused upon an organization chart and upon
employee wages and benefits. The question of employee wages and benefits
is still pending upon the FAB agenda. The question of the organization
chart was considered by this Commission on May 19th and resulted in a
consensus upon certain matters. Enough transpired on P~Iay 19th that I
should have spoken up loud and clear at that time. I didn't and as a
result we have a Finance Department that presently consists of a book-
keeper and a computer. I don't want to see any further damage done, and
consequently, belatedly, I'm going to speak up. As of May 20, 1986,
the so-called general staff of this Town consisted of 11 employees,
exclusive of the Town Manager and Bernice Smith. Since the Town Manager
came aboard in January of 1985, 10 of those 11 employees have received
so-called merit increases, the earliest in May of 1985, 5 of them on
October 1, 1985 and the most recent in T4arch of 1986. Of those 11
people, 2 have resigned, one directly, and the other indirectly because
of a. so-called nudge that was talked about on May 19th. 4 more of
• these ?people either face dismissal or salary reductions so severe as
to be tantamount to dismissal. That leave 5 out of the 11 who are
relatively safe and as to one of those, I'm not so sure. To me this
all adds ux~, not to carefully thought out personnel relations, but
comes pretty close to becoming a personnel massacre.
To backtrack a bit, some months ago the Town Manager advised the FAB
that I~Taree Fowler might wish to retire and that Tony Abbate might wish
to move to Arizona. Neither of those"mights"had any basis in fact. Then
in May, to this Commission, the Manager suggested and the Commission by
consensus concurred that a nudge by the Manager would be in order. At
that point I was delinquent, for I recognized that a nudge is a push is
a shove and would surely cause other employees to wonder who was going
to be next. So 2 valued and long term employees, I think one of them
was the longest in point of service, but I'rm not sure about that, have
resigned after the so-called nudge. At least one member of the FAB is
continuing to question whether Tony Abbate's work might better be farmed
out by contract.
The Town I~ianager indicated during the year that perhaps one, and perhaps
both of the ladies in the Building Department and serving with the various
Boards might be let go. Anp_arently, Bernice Smith's resignation has
saved one of those ladies a job and the Town Manager has had second
thoughts about the other, but both of them, one in particular, at a
very substantial reduction in pay. The Maintenance Supervisor who has
• served since 1977 and who, while the budget data submitted by the Town
Manager indicates has not received his merit raise, on the other hand a
schedule dated as of May of this year shows that the Maintenance Supervisor
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did receive a raise as recently as June of 1985. This man who has
served since 1977 is to be reduced from $25,000 to something like
$15,000. Upon questioning that, he was told, and I quote "you've
been paid too damn much for too long". So where do we stand. These
6 employees who have gone, or who are or who have been under the gun
received salaries as of May 1986 of $141,000 annually. Of the 6,
some would not be replaced, others would be replaced at comparable
or lower salaries or by contract at a nuestimated cost of some $60,000,
so we're talking about a net savings of $80,000 or about 3% of a
$2,250,000 budget.
Dollars are important, but so too are people. Every one of these 6
people was hired by this Town to meet a perceived need of this Town.
In total, these 6 people have served this Town some 41 years. I submit
that we are not dealing with robots, where you drop a dollar into the
slot and you got a dollar's worth of work in return. F7e are dealing
with people. People who think and who feel and try to do a job or work
and do it well, just as you and I.
It's not just these 6 people who seem to be involved, we are dealing
with the Town's entire work force. Its. morale and the efficient and
dedicated service which I think our taxpayers want and are entitled
to and which I submit is our responsibility as the Town's governing
body. The damage to the Finance Department cannot now be undone, but
imminent and further damage can be minimized and perhaps even avoided.
• That would be notice to our work force and to the voters who placed
us_here of our intentions as employers to treat fairly, employee and
taxpayer alike to the ultimate benefit of the entire community.
i~'ow I would like to add just two more points to this. All of us recall
the problem we had with the COLA situation just about a year ago. In
the case of at least one major company, namely the one I know best,
namely General Motors, everyone who was entitled to COLA, they all
got it at the same time, they did not have to go through this row of
when it was going to be paid.
The other point that I'd like to mention and that is this. That back
in October of 1985 the Town Manager met with the Town staff and at
that time it was reported in writing that he advised the staff that
all present employees now on the pay plan would be treated as they have
been in the past until they reach their maximum, at which point we would
revert to only the one increase per year. Despite that fact, there are
3 people, possibly now only one who is still on the nay plan but who is
going to be required to wait about 18 months before she receives her
next increase. I submit that this is again a breach of faith with what
was told to the employees at the time.
Thank you for your patience.
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