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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 ~' ~~ ~' 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. T • 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. ,r,~ -, _, ~, • 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 ~ 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 • 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 - • 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. _ ~~ -, read a statement into the record regarding recent ~"~'.~. a copy of which is attached to these Minutes and Commissioner Betty Jean Stewart - -a - ., ., ~_. ~_.- ,, ~... ~;,~ 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. ____~~ `._~ 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. i 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 ' ~- Wi 11am A. Grier, ommissioner Be y Jean Stewart, Commissioner ATTEST: TO CLE K DATE: f/~/'~~~~ ATTACHMENT ~J • 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 -2- 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. •