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1986.11.05_TC_Minutes_Regular TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission REGULAR MEETING Wednesday, November 5, 1986 1.30 P M The 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; Town Clerk Mary Ann Mariano and members of the general public. After roll call, the Pledge of Allegiance to the Flag was given. Newly hired police officer Sam Ippolito was introduced to the Town Commission by Chief Cecere. APPROVAL OF MINUTES: September 23, 1986 - Workshop Meeting • September 23, 1986 - Special/Public Hearing October 7, 1986 - Regular Meeting Upon MOTION by COMMISSIONER STEWART/COMMISSIONER BASSO, the Minutes were unanimously approved as published. PUBLIC COMMENTS AND REQUESTS: None REPORTS - TOWN COMMISSION: Mayor Edward J. Sullivan - Mayor Sullivan reported on correspondene from Governor Graham, Con- gressman Dan Mica, and a copy of a letter to Representative Carol Hanson from Senator Chiles, supporting the Resolution adopted by the Town opposing the offshore disposal of beach quality sand by the Army Corps of Engineers. Mayor Sullivan cited a letter from Peat, Marwick, CPA firm, regarding the increase in School District insurance premiums and implications it might have in the future with regard to the Town. The Mayor advised that he was issuing a Proclamation for the "GREAT AMERICAN SMOKEOUT" for November 20, 1986. • Town Commission Regular Meeting November 5, 1986 Page 2 of 12 Vice Mayor Marv Louise G. Blosser The Vice Mayor reported that Mr. Dale Barstow, Representative with Municipal Code Corporation, was preparing proposals for alternative methods in updating the Town Code, which proposals should be available for discussion at the November Workshop Meeting. Responding to Vice Mayor Blosser's inquiry as to the status of the pro- posed antenna to be installed on top of the Clarendon, Mr. Williams stated that a revised agreement would be taken up at the November Work- shop Meeting to address this matter. Commissioner John J. Basso - Commissioner Basso cited a proposal from Envisors, Inc., an engineering expert, to review the Delray Sewer Rate Study for purpose of comment and future expert witness testimony. Commissioner Basso recommended that the Town Commission consider retaining Envisors, Inc. in order to expidiate the Delray Sewer matter and come to some conclusion at an early date. Commissioner William A. Grier - Commissioner Grier noted that he had some comments on the last Coopers and Lybrand Audit Report, which he would defer until discussion of the Enterprise Budgets. Noting that he would be out of Town until the December 2, 1986 Regular Meeting, Commissioner Grier recommended that upon re-consideration of the Centel Cable Ground Lease, that an agreement be made with Centel that as long as consumer rates remained the same, the rent would not be:, increased. However, if consumer rates are raised, the rent and the franchise fee would be raised proportionately. -~ Commissioner Betty Jean Stewart - Commissioner Stewart expressed her concern over a hole in the bike path in front of the Hoffman property, and the liability factors involved. A Certified Letter was immediately sent to the owners of the property giving them 72 hours from receipt of the Notice to repair the bike ;- path. Also, the Building Department immediately provided a barricade to aid in the safety of residents using the path. _, With regard to an eroding problem under the bike path between Coronado and Casuarina, Tony Abbate, Building Inspector, reported that blue- prints for the repairs had been submitted and prices were being • solicited, after which the repairs will be made. r r~ LJ • Town Commission Regular Meeting November 5, 1986 Page 3 of 12 Commissioner Stewart recommended that the exterior Town Hall buildings be cleaned and the front railings painted prior to the winter residents returning to Town. Commissioner Stewart expressed her concern over a Motion made at the October 28, 1986 Special Meeting which amended the previously adopted 1986/87 Budget by a memorandum of the Town Manager. Commissioner Stewart cited a previous ruling that an Ordinance can only be amended by the adoption of another Ordinance. The Town Manager noted that this was only the first of a number of changes which would need to be made and that it was his intention to adopt amending ordinances on a quar- terly basis, i.e. the end of December. The Town Attorney noted that there was nothing wrong in consolidating amendments and handling them on a quarterly basis, however, that Commissioner Stewart was correct in the fact that any Ordinance can only be amended by the adoption of another Ordinance. Commissioner Stewart noted that as the party which made the subject MOTION at the October 28, 1986, it was her privilege to bring the matter back up to the Town Commission, according to Robert's Rules of Order. COMMISSIONER STEWART then MOVED that the MOTION made at the October 28, 1986 Special Meeting amending the 1986/87 Budget per the recommendations made by the Town Manager be repealed. This MOTION was seconded by COMMISSIONER BASSO, who seconded the original Motion, and passed unanimously. Inasmuch as representatives from Camp Dresser and McKee, engineers, were present, the matter of updating the Town with regard to the THM/Interim Well project was taken up the Town's Commission at this time: ; Present representing CDM were Jay Ameno and Chuck Moore, 5r. Engineer in the Water Resources Department. Mr. Williams noted that Mr. Whit of CDM sent his apologies for not attending as he had a previously sched- uled speaking engagement. -{, .~-r With regard to the wellfield project, Mr. Moore stated that the specif-,~__ ications and drawings were 85~ complete and should be completed within ~-' ~~ two weeks for review by the Town. Also noted was the South Florida ~ Water Management District's November 13, 1986 hearing date for final approval of the Town's Water Use Permit. Mr. Moore stated that there were some conditions placed on the permit as noted in SFWMD's prelimin- ary approval i.e. monitoring rainfall, a mandate to have a water conservation and supply plan in place prior to the next renewal date in 1989, and placement of a new cluster monitoring well between the eastern and western wellfields, to monitor for salt water intrusion. Mr. Moore estimated that the cost of the required cluster well would be approximately $10,PJ00. Inasmuch as the cluster well was a condition of the permit, the Town Manager was authorized to have this well bid as an alternate to the main well in order to save time on the matter. Mr. Ameno estimated that with advertising, opening of bids, authorization Town Commission Regular Meeting • November 5, 1986 Page 4 of 12 by the Town Commission and construction, the Interim Well should be on line by mid-February. This time frame could be reduced if the Town Commission holds a Special Meeting after the bids are opened in order to authorize the contract, rather than waiting for its Regular Meeting. Commissioner Stewart noted that the original estimate for completion of this project was mid-January, and that the Town was already running a month behind. Mr. Ameno stated that in order to save some time, CDM had been preparing the specifications and drawings during the SFWMD's review time, anticipating approval of the Town's permit. With regard to the THM project, Mr. Ameno stated that the design plans were being prepared and would be ready for review by mid-December, with the Department of Environmental Regulation approved permit expected in mid-January. Mr. Williams noted that the installation of the new well had the potential to change the water and affect the testing for implementation of the ammonia-based system, which is why the timing was being planned subsequent to the installation of the Interim Well. It is the intention of CDM to bid the equipment for implementation of the ammonia-based system concurrently with the anticipated receipt of the DER permit. Mr. Ameno anticipates that the receipt of bids would be in mid-February, with completion of the installation of the ammonia-based • system to be accomplished within 3 to 4 months. Mr. Williams noted that he felt that some time could be saved by the Town handling the bidding of the necessary equipment instead of CDM. Mr. Ameno pointed out that approval of the ammonia-based system would be required by the South Florida Water Management District and the Palm Beach County Health Department in addition to DER. Commissioner Stewart expressed her concern about the timing and hoped that the THM problem could be handled as early as possible, as historically, that is the worst time for THM accumulation in the water.- Mr. Williams felt that March 1, 1987 would be a viable date for being on line with the system, however, Mr. Ameno stated that June would be a more realistic estimate. Commissioner Basso stated that he felt that the Town should commence with Phase III of the project, that being the location of property for the placement of additional wells. It was noted that CDM had located three preliminary sites for consideration, however, had not been given the scope of service to scrutinize these sites to see the feasibility of each. In that regard MOTION was made by COMMISSIONER BASSO/VICE MAYOR SLOBBER to authorize Camp Dresser and McKee to submit a proposal on Phase III of the project. This MOTION carried unanimously with favorable votes. Due to earlier consideration, MOTION was made by COMMISSIONER GRIER/ VICE MAYOR SLOBBER to authorize the bidding of the required cluster monitor well as an alternate item when bidding the Interim Well. This • MOTION also carried unanimously with favorable votes. • Town Commission Regular Meeting November 5, 1986 Page 5 of 12 The Town Commission was furnished copies of proposed letters to be sent by CDM with regard to the contingencies as set out by the South Florida Water Management District. The letters proposed that several items be clarified i.e. vacating the eastern wellfield, location of the cluster well etc. It was assured by Mr. Ameno that the clarifications request- ed would not hold up the approval process of the permit. Mr. Ameno also noted that Camp Dresser and McKee would be present at the SFWMD Meeting to be held on November 13, 1986 representing the Town. Mr. Williams indicated that he along with Jack Lee would probably be present as well. REPORTS - TOWN ATTORNEY: With regard to the pending Delray Beach Sewer Issue, Attorney Sliney cited his letter of October 23, 1986 which included the October 22, 1986 proposal of Envisors, Inc., which was previously referred to in Commissioner Basso's report. Attorney Sliney felt that Envisors, Inc. should be retained to review the Greeley and Hansen Rate Study, and for future possible use as an expert witness should the matter come to trial. It was noted that the review fee quoted was $4,500. • Commissioner Basso stated that he felt the Town should engage Envisors, Inc. for this purpose. Mayor Sullivan stated that he was not convinced of the need to expend further funds for review of this matter as everything to date pointed to the Town being right in its determination of the matter. Attorney Sliney stated that he felt this was needed due to the facts outlined in his October 23, 1986 letter to the Town. Commissioner Grier felt that the Town had alot of money at stake in the matter already, and that if the Town Attorney felt that this was needed, that the Town Commission should cooperate with his recommendation. MOTION was then made by COMMISSIONER GRIER/ COMMISSIONER BASSO to retain Envisors, Inc. to review the Greeley and Hansen Rate Study. At the suggestion of Commissioner Stewart, and the concurrence of the Mover and Seconder, this MOTION was amended to add "at a cost not to exceed $4,500". The MOTION carried unanimously with favorable votes. With regard to the Broadview matter, Attorney Sliney noted that he had written to Attorney Eastland, Broadview's attorney, on October 31, ~A, 1986, with the directives as given by the Town Commission at their ~~~'`"~ Workshop Meeting regarding the Agreement and Letter of Credit, and had;'.; not yet received a response. Vice Mayor expressed her concern that there be no ambiquities or confusion re the Town's aggreement with Teron and government permits. ,~. Attorney Sliney noted that the Planning Board would be holdings its ~'~ final advertised public hearing on the proposed amendments to the `~ • Comprehensive Plan with regard to the former Hoffman and Boca Highland.,!,, r • Town Commission Regular Meeting November 5, 1986 Page 6 of 12 RPUD's and adjoining property on November 12, 1986, after which the Town Commission would receive their recommendations for consideration and final action. With regard to the proposed Performance Security Agreement for use by the Community Appearance Board, it was noted that the recommendations made by the CAB would be addressed at the November Workshop Meeting. Attorney Sliney noted that Casuarina had been. given 3g days to come -; into compliance with the work required under their performance bond -: before further action would be taken. Attorney Sliney noted that with regard to the Maravilla (Byrd Beach) Unity of Title matter, he had written to Attorney Eisen, representing', the owner with the directives as given by the Town Commission and had not yet received a reply. - .---. REPORTS - TOWN MANAGER: With regard to the Boca Highland Sales Office, Mr. Williams noted that 1', • the owner of record of the facility was Boca Highland, Inc. The Town ~'. Manager also reported that he was told that this structure was to be used as a sales office until the project was completely built out. The usage of this temporary structure will be an item of discussion at the November Workshop Meeting. --- ~- With regard to the purchase of police vehicles, substantial discussion took place. It was the general consensus to purchase one vehicle per year as the need arises. The process by which a vehicle will be pur- chased was then discussed, with Mr. Williams requesting adherence to the Town's Purchasing Policy, requiring advertising for bids, and Commissioner Grier's concern that the Town should not have to spend the money to bid one vehicle. This discussion culminated in a MOTION being made by COMMISSIONER BASSO/COMMISSIONER STEWART to authorize the bid- ding of one eight cylinder police vehicle, through advertising and also through the solicitation of bids by the Police Chief, using the Boca Raton specifications as a model. This MOTION carried unanimously. With regard to the Police Chief's proposal for a point system for use in promotions (draft dated October 30, 1986), several suggestions were made by both the Town Manager and the Town Commission. Inasmuch as there is a five year minimum prior police experience necessary to be hired, it was noted that this should not be used a criteria to give a point for promotions. The Town Manager did not agree with the giving `~~°~- of 1 point for two years service between ranks. Commissioner Basso felt that an officer's ability to get along with the residents deserved 3 points instead of 2 points. The Town Manager felt that points to be given for job knowledge and procedure needed something to be measured Town Commission Regular Meeting • November 5, 1986 Page 7 of 12 against i.e. a written test. It was the general consensus that the Chief recommend the promotion, which should then be transmitted for approval to the Town Commission. Commissioner Stewart stated that she felt that this matter should be orderly and based on merit and fairness and not made a political issue by getting the Town Commission involved. Vice Mayor Blosser felt that the Chief should re-scale the criteria based on the recommendations made and submit his revised proposal for review at the Workshop Meeting. The next matter discussed was police officer hiring practices. The Town Manager stated that he felt that the Town Manager should hire upon re- commendation of the Chief of Police, after which introduction to the Town Commission should be made. Commissioner Grier felt that due to the visibility of the police officers to residents, that the Town Commission should have the last word on the hiring of police officers. It was noted that although the Town Charter stated that the Town Commission has the authority to appoint police officers, that authority had been delegated to the Town Manager under several sections of the Town Code. MOTION was made by COMMISSIONER BASSO/COMMISSIONER STEWART that police officers should be hired by the Town Manager, upon re- • commendation of the Chief of Police, after which introduction to the Town Commission should take place. This MOTION carried unanimously. Substantial discussion took place regarding the Chief's recommendation to make Officer Corsino the Town's "Investigative Officer" at a salary increase of 5g. The Town Commission wanted it to be made clear that this was not creating a new position, but assigning additional duties to an already existing police officer position. MOTION was made by COMMISSIONER BASSO/COMMISSIONER STEWART that Officer Corsino, in addition to present duties is to be assigned additional duties as an investigative officer at a 5~ pay increase commencing November 3, 1986, without a probation period inasmuch as he has already performed these duties, with this assignment being re-evaluated prior to the next budget year. This MOTION carried unanimously. The Town Manager noted that a report on the consolidation of bank accounts would be made after the arrival of Rebecca Morse, Finance Director. Mr. Williams gave an update on the computer software, stating that the programs originally purchased for the Town's Payroll and Utility Accounts were not functional and were being adapted by HTE, the providers, at no additional cost. It was further noted that the payroll program will not be available until April, with a contract being given to ADP, an outside company to provide the next lf~ payrolls, decreasing the cost to the Town in manhours now used for this purpose. It is anti- cipated that the Utility billing program will be installed by the 15th of November, with the December bills being produced by the computer. Town Commission Regular Meeting November 5, 1986 Page 8 of 12 • A five minute recess was taken at this time in the meeting. Upon re-convening the meeting, Rebecca Morse, Finance Director was pre- sent. Again discussing the computer software, Commissioner Grier noted that the Financial Advisory Board had requested information on two areas, one being an opinion from the Town Attorney as to whether the Town could legally escape from the contract with HTE, inasmuch as they could not provide the programs that the Town paid for. The Financial Advisory Board also requested that the Town investigate other sources for software to fit the needs of the Town. Ms. Morse noted that the Town Attorney had been asked to give an opinion regarding the HTE con- tract, and that she had been getting information from other sources as to possible software alternatives. Ms. Morse reported that First Union had been chosen as the bank in which the Town's accounts had been consolidated due to service and interest considerations. Ms. Morse noted that there was a separate payroll account into which funds were automatically transferred as paychecks were cashed, which alleviated a manual transfer system. With the consolidation of accounts, Ms. Morse reported that she had invested $50 P1,04~Q~ in a 30 day C/D at 5.6~. It was noted that the Financial Advisory Board had a concern about the excise tax for bond documents being consolidated with other Town funds. Ms. Morse stated that separate accountability could be maintained without the need for a separate bank account. The Town Attorney is reviewing the bond documents to see the necessity of the separate account. REPORTS - BOARDS AND COMMITTEES: The upcoming meeting dates of the Boards were noted. With regard to the Board of Adjustment the expiration of terms of Regular Member Kahler and Alternate Member Augenstein were noted. Mayor Sullivan chose to take up the Augenstein expiration first, al- though Commissioner Stewart requested that Mr. Kahler's expiration be taken up first. MOTION was made by COMMISSIONER GRIER/COMMISSIONER BASSO that David Augenstein be re-appointed to the Board of Adjustment for a one year term. Commissioner Stewart voted No. The Mayor and the remainder of the Town Commission voted aye, and the MOTION carried. The next matter taken up was the expiration of the term of Regular Member Albert Kahler. Mayor Sullivan noted that Mr. Kahler's original appointment as a Regular Member was in July of 1981. Due to the six year limitation on service on Town Boards, Attorney Sliney noted that Mr. Kahler could be re-appointed until July of 1987 to finish his six year service. Commissioner Stewart noted that she had talked to Mr. Kahler, who indicated that he did not wish to be re-appointed. MOTION was then made by COMMISSIONER GRIER/VICE MAYOR BLOSSER to appoint David Town Commission Regular Meeting • November 5, 1986 Page 9 of 12 Augenstein to this Regular Member vacancy instead of the previously moved Alternate position for a term of three years. This MOTION carried unanimously. It was noted that there were now two Alternate vacancies on the Board of Adjustment. With regard to the Community Appearance Board, MOTION was made by COMMISSIONER STEWART/COMMISSIONER BASSO to re-appoint H. C. Arnold as an Alternate Member for a term of one year. This MOTION carried unan- imously. PROPOSED RESOLUTIONS AND ORDINANCES: 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR THE PROTECTION OF HISTORIC TREES PLANTED PURSUANT TO THE HIGHLAND BEACH GREENING OF AlA PROGRAM. ~~' (1st reading 10/7/86-Published 10/17/86) -~'~ Vice Mayor Blosser noted her objections to this ordinance, which were l • based on the trees being located on DOT property and questioned the enforcement by the Town, and further did not feel that these trees ~r, could be classified as either "specimen" or "historic" trees. Attorney Sliney noted that he felt that this ordinance was defensible and was { being proposed for the protection against third party destruction of the trees. Commissioner Stewart felt that this ordinance was a means of protecting the investment of both the Town and those residents who have contributed to the planting of these trees. Commissioner Grier stated that although he was fully in accord with the objectives of this ordinance, he felt it was a distortion to refer to the trees as "speci- men" or "historic" trees. Attorney Sliney stated that it was his opinion that the way the ordinance was written, that a new classifi- cation of tree had been set up and felt that the ordinance was in a proper form for adoption. Although Vice Mayor Blosser felt that under Section 28 1/2-14 of the Code, the application of these trees was in- appropriate, Commissioner Stewart cited Section 28 1/2-18 which add- resses public lands. Vice Mayor Blosser further stated her concern with the extent "protection" was to be given i.e. feeding the trees, etc. Attorney Sliney noted that it was his feeling that this provision meant protection from the destruction by third parties. After full reading of the ordinance by Attorney Sliney, MOTION was made by COMMISSIONER STEWART/COMMISSIONER BASSO to adopt the ordinance. Vice Mayor Blosser and Commissioner Grier voted no. The Mayor, Commissioner Stewart and Commissioner Basso voted aye. The MOTION carried 3-2. L~ Town Commission Regular Meeting • November 5, 1986 Page 10 of 12 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR UTILITY RATES, FEES, AND/OR CHARGES, SPECIFICALLY AMENDING HIGHLAND BEACH CODE 5EC. 29-1R! RELATING TO CHARGES FOR WATER SERVICE, SEC. 22-2 RELATING TO SEWER SERVICE CHARGES, AND SEC. 11-13, RELATING TO GARBAGE AND TRASH CHARGES. This ordinance was given first reading by title only by Attorney Sliney after which it was deferred to the November Workshop for discussion. Commissioner Grier wanted clarification on the record that the pro- posed rate change was a restructuring of the rates, upon a recommenda- tion by the Financial Advisory Board, and not a rate decrease as reported in the newspaper. REGULAR BUSINESS: Consent Agenda - Approval of request for special permission to park a bus behind Town Hall by Mr. Aypel, with such permission to expire on • 12/15/86 (approval contingent upon receipt of appropriate Certificate of Insurance) MOTION was made by COMMISSIONER STEWART/COMMISSIONER BASSO to approve the Consent Agenda. This MOTION carried unanimously. Items Left Over - 1. Update from CDM regarding THM/Interim Well Project. This matter was taken up earlier in the meeting. 2. Discussion re request for Letter of No Objection to DNR for proposed Dune Walkover on McCormick property. After noting that this matter would still require appropriate Town approvals, MOTION was made by COMMISSIONER BASSO/COMMISSIONER GRIER to approve the submission of a Letter of No Objection to the DNR for the proposed Dune Walkover on the McCormick property. This MOTION carried unanimously. 3. Discussion re request for swap of December 26, 1986 with ~ present November 11, 1986 Veteran's Day Holiday. ~. Mr. Williams reviewed the request noting that this was for this year ~y only inasmuch as Christmas Day falls on a Thursday. Vice Mayor Blosse~`<~- • noted her objections as Delray Beach and Boca Raton were both going to be open on December 26, 1986 and asked if any consideration had been Town Commission Regular Meeting November 5, 1986 Page 11 of 12 given to a balancing of employees to be able to remain open the Friday after Christmas and the Friday after New Years with partial staff off, Commissioner Grier noted that he did not see any need to have staff in Town Hall on December 26. MOTION was made by COMMISSIONER STEWART/ COMMISSIONER GRIER to approve the change for this year of December 26, 1986 with November 11, 1986. Vice Mayor Blosser voted no. The Mayor and the remainder of the Town Commission voted aye and the MOTION _J carried. Vice Mayor Blosser left the meeting at this time. 4. Discussion of previously submitted Enterprise Funds. Commissioner Grier commented on the transferring of the refuse collec- tion funds from the Enterprise Fund to the General Fund as recommended by the Finance Director. Although the General Fund is the appropriate place for this money, Commissioner Grier noted that the last audit report by Coopers and Lybrand did not address this issue at all. There were quite a few other administrative shortcomings in the bookkeeping system which had not been brought to the attention of the elected officials, but discussed with staff only, according to Ms. Morse. It was her opinion that any internal shortcomings as well as material weaknesses should be brought to the attention of the elected officials by the auditor, and such request would be made during the next audit of the Town's finances. Commissioner Stewart questioned as to whether the refuse funds should be in the general fund as this was paid on a fee basis rather than through taxes. Ms. Morse pointed out that all funds generated in the General Fund Budget were not based on taxes, and only that portion which was financed through taxes was what the millage was based on. Commissioner Stewart pointed out that utility revenues were going to be as high as last year even though the method of charges was changing. Also pointed out was the fact that although salaries were posted as lower, there were overtime options built into the budget. The Town Manager noted that he would provide the Town Commission with a proposed method of acceptance of the Enterprise Budgets, noting that these were administrative budgets, with the setting of fees being the extent of participation by the elective body. Commissioner Stewart pointed out that through these budgets passed approximately $1,00JP1,0g0 and should require some approval by the Town Commission. Commissioner Grier noted that these budgets had been reviewed and the Financial Advisory Board satisfied with the figures included therein. • Town Commission Regular Meeting . November 5, 1986 Page 12 of 12 There being no further business to come before the Town Commission at this Regular Meeting, it was adjourned at 5:40 p.m. APPROVED : ,-~~~,~~~~~ . ~_i L MAYOR EDWA ;J. SULLIVAN ~" VIC M OR MARY LOUISE G. BLOSSER /~ f ~.~7i,~v MMISS NER JOHN J; ASSO (~_ t A COMMISSIONER WIL IAM A. GRIER • COMMI&~IONER BETTY JEAN STEWART ATTEST: DATE :~-~ •