1986.09.05_TC_Minutes_Regular
TOWN OF HIGHLAND BEACH, FLORIDA
• Minutes of Meeting of Town Commission
REGULAR MEETING
Friday, September 5, 1986 1:3~ P.M.
A Regular Meeting of the Town Commission 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
John J. Basso, William A. Grier and Betty Jean Stewart.
Also present were Town Attorney Thomas E. Sliney, Town Manager Hugh D.
Williams, Building Official Bruce Sutherland, Town Clerk Mary Ann Mariano
and members of the general public.
After roll call, the Pledge of Allegiance to the Flag was given.
Approval of Minutes:
July 29, 1986 - Special Meeting
July 29, 1986 - Workshop Meeting
August 5, 1986 - Regular Meeting
MOTION was made by COMMISSIONER BASSO/VICE MAYOR BLOSSER to approve the
Minutes as submitted. This MOTION carried unanimously.
Public Comments and Requests:
Mr. Michael Dent addressed the Town Commission reiterating his previous
requests for the Town Commission to purchase and utilize breast micro-
phones. Mr. Dent also made several comments regarding the proposed
1986/87 budget as well. as the handling of some recent administrative
affairs by the Town Manager.
REPORTS - TOWN COMMISSION:
Mayor Edward J. Sullivan -
Upon recommendation of the Town Manager, the Town Commission re-scheduled
the September 3fd Workshop to September 23 due to the run-off election
being held in the Town Commission Chambers. It is anticipated that a
Special Meeting will also be held on September 23 at 5:P11 p.m. for
purpose of adoption of the proposed 1986/87 fiscal year budget.
Mayor Sullivan read a letter of commendation from the Department of
Environmental Regulation to the Water Treatment Plant Staff on receiving
the "Most Improved Water Plant" award for this year.
Vice Mayor Mary Louise G. Blosser - No report.
Commissioner John J. Basso - No report.
Town Commission Regular Meeting
September 5, 1986
Page 2 of
Commissioner William A. Grier
Commissioner Grier requested the Town Attorney to research Town Code
Sections 29-10, 22-2 and 11-13 regarding water, sewer and sanitation
charges to reflect current charges. Commissioner Grier asked whether the
Town could adopt an ordinance with language such as "charges which may
from time to time be authorized by the Town Commission". Attorney Sliney
stated that he would feel more comfortable with actual charges cited and
amend same when necessary. This matter will be discussed again at the
September Workshop Meeting.
Commissioner Grier expressed his concern over the use of a consensus by
the Town Commission at the May 19, 1986 Special Meeting to make various '~~~=-
administrative changes, and requested that the Town Commission consider ,
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taking a formal vote on these matters to sustain that action. Further,
Commissioner Grier suggested that a copy of the cited Organizational ~;-<~,~_
Chart be attached to the May 19, 1986 Special Meeting Minutes.
Commissioner Betty Jean Stewart
Commissioner Stewart recommended that the Town obtain a letter from the
Town Attorney stating the Town's position with regard to "zoning in
progress" as relating to the acceptance of any plans on affected proper- ~`-~
ties. A determination must be made as to whether the consideration of
conceptual plans will be acceptable under zoning in progress. Although
there is a feeling that this procedure might be acceptable, there is also. F`'
feeling that this would circumvent the zoning under consideratin and ('~,_
should not be done. Commissioner Stewart felt that maybe there was some
justification in receiving conceptual plans inasmuch as there might be a
situation where a developer was looking to build something that the Town
would be favorably interested in. The Town Attorney will write an opinion
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on this issue.
Commissioner Stewart requested the Town Attorney to address the issue of
the bonds (cash or letters of credit, etc.) which are required by the
Community Appearance Board in cases of non-completion of required work.
Clarification is needed on amounts held, who is authorized to commence
work out of the bonded funds, etc. It was the consensus that a policy
needed to be established on this matter, which will be addressed at the
September Workshop Meeting. Commissioner Stewart requested Attorney
Sliney to begin work on this issue immediately.
Commissioner Stewart requested consideration of the elimination of the
six year limitation on service on appointed boards, citing Sections 2-41,
2-50, 2-64 and 2-81, to promote flexibility in keeping qualified people
as members. This matter will be re-addressed at the September Workshop
Meeting.
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T own Commission Regular Meeting
September 5, 1986
Page 3 of q
Commissioner Stewart reported on the Beaches and Shores Council, `~
requesting any comments from the Town Commission regarding the proposed
$82,0f~f~ expenditure for a professional consultant for the Beaches and ~!
Shores Council. The Town Commission did not offer any comments on this
matter.
Vice Mayor Blosser questioned if anyone knew when the shoreline would be
re-evaluated with respect to the Coastal Construction Control Line due to
erosion factors in Town. Commissioner Grier felt that this was not just
a county problem, but a statewide concern.
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Mr. Williams noted that under the enabling legislation with the Beaches '`-,,~
and Shores Council, the forum for discussion did not include approval of
plans, only review for purpose of comment. Commissioner Grier noted that ~,
although the legislation did not call for approvals, that the Town should
work and cooperate with the Beaches and Shores Council under the terms of
the Interlocal Agreement.
Replying to Vice Mayor's inquiry, the Town Attorney indicated that he had
a copy of the Shoreline Management Plan from the Department of Communit~,~,~
Affairs and has reviewed same.
• REPORTS - TOWN ATTORNEY:
The Town Attorney reported on the Planning Board's continuing review of `,
zoning matters and the Comprehensive Plan, noting that a public hearing .. ,,,
would be held on September 10 to gain citizen input into the zoning `lj
review. The Town Commission reiterated its position that the Planning ~-'~",
Board has a three stop process being 1) former RPUD parcels; 2) Byrd ~~
Beach E/W; and 3) overall review of remaining parcels in Town. The first,~~°~'
two steps have been funded for professional services up to this point. ? Y
Further, a request for a traffic study has been put on hold until all
documentation already available in the Town's records has been analyzed.
Attorney Sliney requested that Gee and Jensen be authorized to submit
their final report on the Boca Hi and Hoffman sites in accordance with
Item 1 as set out in Gee and Jensen's letter dated August 25, 1986.
Attorney Sliney also stated that the adjoining properties being
considered with the Boca Hi and Hoffman sites were being considered from
a compatibile zoning standpoint in order to avoid "spot zoning" allega-
tions. It was estimated that the final report would cost approximately
$1,50f~ to $2,H~PJ. MOTION was made by COMMISSIONER 5TEWART/COMMISSIONER
BASSO to authorize Gee and Jensen to prepare a final report referencing
Item 1 in their August 25, 1986 letter to the Town. This MOTION carried
unanimously.
It was noted that the final report should be received by the Planning
Board in time for a proposed early October Public Hearing. Once this
. matter is completed by the Planning Board, it will be sumbitted to the
Town Commission Regular Meeting
September 5, 1986
• Page 4 of y
Town Commission and then to the Department of Community Affairs for their
review. It is possible that the Town Commission will have this matter in
time for their October Workshop.
Discussion then ensued regarding the parameters of the items assigned to ~
the Planning Board for review. MOTION was made by COMMISSIONER STEWART/
VICE MAYOR BLOSSER to instruct the Town Attorney and Planning Board to
review 1) Boca Hi/Hoffman RPUD sites 2) Byrd Beach parcels and 3) all
other undeveloped parcels in Town. This MOTION was amended to eliminate '~
Item 3, pending clarification of a land planning contract, after which
the vote was taken and the MOTION passed unanimously. ~~'
Attorney James Cherof, representing Drexel was present and requested
guidance as to whether the Town Commission felt that any further
negotiation between the Town and Drexel would be fruitful. It was noted ;`
that this matter was scheduled for the trial docket of September 22, ~•-a~~:~'
1986. Vice Mayor Blosser noted that the Town had requested a proposal in ~~
writing from Drexel several months ago indicating any offers they wanted ram,.-~
to make. Attorney Cherof stated that there were variables unknown which
makes it difficult to make any offer to the Town. It was the feeling of
the Town Commission that the density vs. time extension had been dis-
cussed months ago by Drexel, therefore, the variables were in deed known
. to Drexel and it was their decision not to submit the written proposal as
requested. Attorney Sliney stated that the case revolved around a judi-
cial interpretation of the delays alleged by Drexel. Attorney Cherof
offered to ask for a continuance of the matter if negotiations were
entered into in this matter. The Town Commission felt that this request
was being made at the last minute without sufficient time for review. ~`
Commissioner Grier felt that the Town might save some court costs if
negotiations were entered into. It was the general consensus of the Town ';
Commission that the litigation proceed as scheduled. - J
The next matter addressed by the Town Attorney involved Item 1 on the
Consent Agenda, which was removed. This item concerned a request for
approval of a land clearing permit on the Hoffman site. Attorney Sliney '"
stated that there were matters to be cleared up prior to any action being,
taken on the approval of the permit i.e. a statement from Paul Hoffman °~-.
stating that any approvals made on this matter with regard to clearing,
dredging and filling were in no way to be construed as approvals for any '°
further work on the site. Further, that no action taken on the granting
of any permits at this point could be used in possible future litigation
to prove commencement on the site.
Commissioner Stewart stated that any permit issued for the proposed
"spoil containment area" should be tied to specific plans which should be
identified on the permit. It was noted that the present plans cited this
spoil containment area as Phase I. Vice Mayor Blosser also requested
that the appropriate state permit numbers be referenced on the permit.
Substantial discussion took place as to whether the land to be utilized
T own Commission Regular Meeting
September 5, 1986
• Page 5 of
as the spoil containment area was owned by Paul Hoffman or by Broadview
Savings and Loan Association. It was determined that the area in
question was in fact owned by Broadview Savings and Loan Association,
however, it was noted by Bruce Sutherland, Building Official, that the
application made for the land clearing permit had been made in both the
names of Hoffman and Broadview. Attorney Sliney will draw a proposed
agreement for signature by Paul Hoffmand based on today's discussin. This
statement will be approved and signed prior to the issuance of any
permits on the property. ____
REPORTS - TOWN MANAGER:
Mr. Williams reported that Teron International (Royal Highlands) had
submitted their working drawings on September 3, 1986.
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Formalizing a previous memorandum dated 8/21/86 and consensus, MOTION was
made by VICE MAYOR BLOSSER/ COMMISSIONER BASSO to authorize the Town ,.~--,
Manager to offer full vesting in the retirement plan to former employee
Reece, as well as one year's coverage under the Town's health, disability `~1
and life insurance policies to former employees Reece, Fowler and Smith /~`''~,----~
upon their retirement from the Town. The MOTION carried unanimously. .------
. Mr. Williams requested that the Town Commission approve the contingency
plan as submitted on the Hoffman site to assure continued water service
to residents in case of damage to the Intracoastal water line during the
proposed dredging work. It was noted that although the Town and Delray <
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Beach had entered into an Interlocal Agreement to provide water in case ~
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of an emergency, that a piece of pipe needed installing to make the ~"
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Highland Beach/Delray Beach connection complete. It was the position of `
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the Town Commission that the Town fund the installation of the pipe
inasmuch as it should be functional in any case of emergency notwith- ~,
standing the Hoffman dredging project. The Town Commission took the ~
position that no permit was to be issued on the dredging of the Hoffman
property until the Highland Beach/Delray Beach water connection was ~'
complete. The Town Manager was directed to have Harvel and Deland J
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proceed with the required installation as soon as possible. .,~
It was noted that the Town Attorney is preparing a formal action against
the City of Delray Beach to mandate the acceptance of the formula pro-
posed in the Greeley and Hensen enginering report with regard to sewer
rates.
REPORTS - BOARDS AND COMMITTEES:
The dates and times of the upcoming Board meetings were noted by Mayor
Sullivan.
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Town Commission Regular Meeting
September 5, 1986
• Page 6 of y
MOTION was made by COMMLSSIONER STEWART/VICE MAYOR BLOSSER to re-appoint
Martha Dempsey as an Alternate Member of the Community Appearance Board
for a term of one year to expire in September 1987. This MOTION carried
unanimously.
MOTION was made by COMMISSIONER BASSO/COMMISSIONER STEWART to appoint Mr.
David T. Robinson as a member of the Code Enforcement Board for a term of
three years to expire in September 1989. This MOTION carried unanimously.
PROPOSED RESOLUTIONS AND ORDINANCES;
1. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, OPPOSING THE DISPOSAL OF
BEACH-QUALITY SAND AT ANY OFFSHORE SITES WITHIN PALM
BEACH COUNTY; AUTHORIZING AND DIRECTING THE TOWN CLERK
TO FURNISH COPIES OF THIS RESOLUTION TO ALL OTHER MUNIC-
IPALITIES WITHIN PALM BEACH COUNTY, TO THE BOARD OF
COUNTY COMMISSIONERS OF PALM BEACH COUNTY,TO PALM BEACH
COUNTY'S LEGISLATIVE DELEGATION, TO CONGRESSIONAL
REPRESENTATIVES OF PALM BEACH COUNTY, AND TO THE GOVERNOR
OF THE STATE OF FLORIDA; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
• The above Resolution was read in full by the Town Attorney, after which
MOTION was made by COMMISSIONER STEWART/COMMISSIONER BASSO to adopt the
Resolution. This MOTION carried unanimously.
REGULAR BUSINESS:
A) Consent Agenda:
1. Approval of request for land clearing permit by
Paul Hoffman.
2. Confirmation of employment of Rebecca Morse as
Finance Director at a starting salary of $28,000.
3. Authorization for Town Manager to attend the Florida
League of Cities Convention in Orlando, Florida on
October 18, 19 and 20, 1986.
4. Disapproval of request of former employees for
one to one sick leave conversion.
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It was noted that Item 1 had earlier been removed from the Consent
Agenda. Also, Item 3 was amended to refer to September 18, 19 and 20
rather than October 18, 19 and 20.
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MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER STEWART to approve the
Consent Agenda with Item 1 removed and Item 3 amended. Under discussion,
regarding Item 4, Commissioner Grier stated it was his opinion that any
• employee with 8 or more years of service to the Town of Highland Beach
own Commission Regular Meeting
T September 5, 1986
Page 7 of c~
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should be granted a one to one conversion on sick leave. The vote was
then taken on the MOTION to approve the Consent Agenda, which MOTION
carried unanimously.
B) Items Left Over:
1. Discussion of status of permit request for Royal Highlands
seawall. ~-
Mr. Williams note that the Stipulation Agreement signed by the Town
indicated that no more approvals would be made and that the permit for _
the seawall would be issued pending approvals of the plans by respective
engineers as to the 1~0 year storm event criteria. Commissioner Stewart
noted that according to the Interlocal Agreement between the Town and
Palm Beach County Beaches and Shores Council, this matter should have
been reviewed by the Beaches and Shores Council. It was the opinion of
the Town Manager as well as the Building Official that his seawall should
not go to the Beaches and Shores Council as it lies westward of the
Coastal Construction Control Line and further, as it has a prior DNR
permit. Commissioner Stewart noted, however, that the rocks to be placed
along the seawall would be to the east of the Coastal Construction
Control Line, and felt that the plans should have been sent to the
Beaches and Shores Council in August when received. Mr. Williams cited
• several portions of the Interlocal Agreement which he felt excluded this
project from review. The Town Manager further indicated that these plans
could be sent to the Beaches and Shores Council to obtain comments on the
proposed beach renourishment. The Town Manager was directed to write a
letter to Beaches and Shores expressing his views as to why he felt this
project had not been sent to them prior to now, including the fact that
this matter was under a Settlement Stipulation, and further asking for
comments on the proposed beach renourishment.
Also with regard to the Royal Highlands project, and in answer to Vice
Mayor Blosser's question, Bruce Sutherland noted that the plans were
being reviewed by the Palm Beach County Fire/Rescue Department for safety
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factors.
2. Review of Town Attorney, Town Manager and Town Clerk. ,.
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A review of the Tawn Attorney, Town Manager an Tvwn Clerk was then held~~+'
with the Town Attorney being reviewed first. 4,
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Mayor Sullivan felt that the Town Attorney needed to be more positive and
aggressive. Further, Mayor Sullivan stated that the Town~Attorney should
be offering more guidance to the Planning Board as to the parameters of
their authority. Finally, the Mayor stated that he did not like the fact ~
that the Town Attorney hands in requested information at the last minute.
•
Town Commission Regular Meeting
September 5, 1986
Page 8 of
Vice Mayor Blosser stated that she was not pleased with the performance
of the Town Attorney, and felt that he was too laid back and should be
more outspoken and aggressive. The Vice Mayor stated that she would like
to know who is doing what with regard to the Town Attorney's law firm.
Additionally, the Vice Mayor stated that Attorney Sliney needed to
develop more affirmative mannerisms.
Commissioner Stewart asked if Attorney Siney would take more initiative
in advising both the Town Commission and the Planning Board rather than
waiting to be called upon Some of the Planning Board members have
expressed this to Commissioner Stewart as being helpful to them in their
effort to not say or do the wrong thing.
Both Commissioner Basso and Commissioner Grier felt that the Town
Attorney was performing in a very responsive manner and doing a good job
for the Town.
Attorney Sliney then thanked the Town Commission for their comments,
however, felt that the allegation of a non-positive attititude was un-
founded citing past litigation and the Town's prevailing on most matters.
Attorney Sliney offered to put his municipal knowledge and track record
up against any attorney in South Florida. He further stated that he
would try to avoid any manner which might be construed as a defeatist
attitude.
• With regard to reviewing the Town Manager, Mayor Sullivan stated that
although information is finely detailed by the Manager, it usually
arrives late. Mayor Sullivan feels that the Town Manager is neglectful
in responding to the requests of the Town Commission citing the fact that
the Manager does not take notes as to things which are requested to be
done. Mayor Sullivan further felt that he was not as well informed on
Town matters as he should be.
Commissioner Basso stated that he felt the Town Manager, although
sometimes failing to follow-up matters in a timely manner, was doing a
fine job and has made very positive changes in the administration of the
Town since his employment.
Vice Mayor Blosser stated that she was not satisfied with the way the
Town Manager follows up on matters. Vice Mayor Blosser further stated
that she sees a favoratism in Town Hall which should be resolved.
Finally, the Vice Mayor stated that although the Town Manager has
followed the policies as set out by the Town Commission, that some of the
matters could have been handled in a different manner.
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Town Commission Regular Meeting
September 5, 1986
Page 9 of ~
Commissioner Grier stated that he felt the Town Manager was responsive in
following up items citing the fact that the recent complaint regarding
rocks in front of Third Wind has been handled in a very timely manner.
Commissioner Grier stated that he felt that the Town Manager's handling
of personnel relations in Town had been atrocious and felt that the staff
morale was very low due to this fact.
Commissioner Stewart felt that the forum under which the reviews were
being handled was inappropriate and chose not to participate.
The Town Manager thanked the Town Commission for their comments and noted
that upon his employment, he had asked that a review be given to his
performance by the governing body.
With regard to the Town Clerk, Mayor Sullivan stated that he felt she was
performing in a very professional manner and was very cooperative to the
Town Commission. This sentiment was echoed by all Town Commissioners.
The Town Clerk thanked the Town Commission for their comments.
The following bills were then submitted for approval:
Camp Dresser & McKee, Inc. $1,200.00
• Gulfstream Roofing, Inc. 3,807.26
Harvel & Deland 1,875.00
Gee & Jensen, Engineers 760.48
TOTAL .............. $7,642.74
MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER GRIER to approve the
bills as submitted. This MOTION carried unanimously.
There being no further business to come before the Town Commission at
this time, this meeting was adjourned--fit 4:25 p~
APPROVED:
ward J. ~5y~livan, Mayor
Ma~~ui~ii~-' Blosser, Vice Mayor
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ST:
G2~,C~aC.d
TOWN CL RK
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Bet Jean Stewart, Commissioner