1985.05.28_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH, FLORIDA
Minutes of Meeting of Town Commission
WORKSHOP MEETING
Tuesday, May 28, 1985 1_:30 P.M.
The Workshop Meeting of the Town Commission was called to order by
Mayor Edward J. Sullivan at 1:30 p.m. in the Town Commission Chambers.
Also present were Vice Mayor Mary Louise G. Blosser, 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 Whaley and members of the general public.
85.1 Public Comments and Requests:
Mr. Michael Dent expressed dissatisfaction regarding the THM count in
the Town's water supply.
85.2 Boards and Committees:
Mr. Chris H. Bartlett of 3912 South Ocean Boulevard (Regency Highland),
talent bank applicant was interviewed. Mr. Bartlett expressed interest
in any board, however, listed his preference on his application for the
' Planning Board. Commissioner Basso expressed the favorable experience
of Mr. Bartlett as a former President of the Regency Highland Condomin-
ium Association.
At this point in the meeting, Jay Ameno, representing Camp Dresser and
McKee (the Town's engineers) addressed the Town Commission submitting
two bids which had been received for the re-paving of Bel Air Drive.
The bids were reported as follows:
All-Right Paving $112,329.69
L & R'Paving 154,000.00
It was the recommendation of the engineers that the Town award the bid
to All-Right Paving, being the low bidder. It was noted that the
present engineer's estimate on the project was $91,500.00. It was
further noted that this project had been bid in September 1984, at
which time the engineers estimate had been approximately $57,000.00
with one bid being received in the amount of $136,000.00. Substantial
discussion took place regarding the reasons for the increase in the
estimate given by the engineers. Mr. Ameno noted that some of the
reasons had to do with required insurance policies needed to cover the
replacement of driveways and other factors. Mr. Ameno stated that al-
though 20 firms were contacted with respect to this project, only 4
firms purchased bid specifications resulting in only 2 bids received.
Mr. Ameno noted that several reasons given for the lack of participa-
tion on the part of the contractors was that the job was too small for
. the larger firms and too bid for the smaller firms, also a problem in
the location of the job and its inexcessibility to some of the firms
Town Commission Workshop Meeting
May 28, 1985
' Page 2 of 8
contacted. Mr. Williams read the formal recommendation of the engineers
into the record, after which Mr. Ameno noted that the Town Commission
had 90 days in which to take any action. Mr. Williams noted however,
that if the Town Commission took the entire 9R~ days, the construction
of the project would take place when most of the residents were in
Town. Commissioner Stewart asked whether the bids specifications used
in this bid had been altered, and noted that after the previous bid had
been received, the downgrading of the project had been considered. Mr.
Ameno stated that the identical bid package had been used, and noted
that in the opinion of the engineers, any downgrading would not be
feasible for the project. The Town Commission will study this matter
further prior to any action being taken.
85.2 Boards and Committees: (Cont'd)
Board of Adjustment - It was noted that the Alternate #1 position was
vacant due to the recent appointment of Charles Arbetman to a Regular
Member position.
Code Enforcement Board - 1 Regular Vacancy exists due to the resigna-
tion of Donald J. Sherbondy. The CEB recommended the moving of Mr.
Edward Pearlstein from the Alternate Member position to the Regular
• Member vacancy inasmuch as the Town Commission has deemed it desirable
to eliminate all Alternate positions on this Board.
Planning Board/Local Planning Agency- Alternate #2 vacancy due to
expiration of term of Amelie Leng and Regular Member vacancy due to the
resignation of William Wernecke. Possible action on these vacancies
will be taken at the June 4, 1985 Regular Meeting.
Palm Beach Count wide Beaches and Shores Council- The possible
appointment of an Alternate Member of this Council will be considered
at the June 4, 1985 Regular Meeting.
85.3 Proposed Ordinances and Resolutions:
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING
AN ORDINANE ENTITLED "BOARD OF ADJUSTMENT; ADMINISTRATION" TO BE
INCLUDED IN THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH,
CHAPTER 2, ENTITLED "ADMINISTRATION".
The Town Attorney will check the provision regarding appointment of any
vacany positions within 30! days to see is such provision is mandated by
state law. Also Section D will be redrawn to refer to "honorariums"
rather than "salaries", and to insert a provision that the Board of
Adjustment only has authority to expend funds "subject to prior Town
Commission approval". This proposed ordinance will be redrawn and
Town Commission Workshop Meeting
May 28, 1985
Page 3 of 8
submitted for the June Workshop Meeting.
During the discussion of this ordinance with regard to the authority of
the Board to expend funds, substantial discussion ensured regarding the
authority of all boards to expend funds with specific emphasis on the
requests made of the Town Attorney. Commissioner Stewart expressed
concern over the board's arbitrary requests to the Town Attorney and
recommended that a policy be set for such use. Mayor Sullivan stated
that in his opinion, only the Town Commission, Town Manager and Chair-
men of the individual Boards should have access to the services of the
Town Attorney. Commissioner Stewart recommended that the Board Chair-
man attend the Town Commission meetings with specific requests to use
the services of the Town Attorney. Mr. Sliney stated that he would be
amenable to whatever policy was set by the Town Commission, but felt it
was to the advantage of the Town Commission to have legal representa-
tion at the board meetings as pre-litigation groundwork was set at
these meetings when controversial issues arose. Commissioner Grier was
of the opinion that the Board Chairman should be able to use their own
discretion in requesting legal assistance and felt that to curtail the
present system was penny pinching. Commissioner Grier stated that he
did not feel the legal fees were out of control. Mayor Sullivan noted
that the fees had increased by 75~ over the past 5 years. Commissioner
Stewart reiterated her concern that the Town Commission should be aware
of the legal charges to be incurred by the Town prior to a Board
. authorizing same. The Town Manager and the Town Attorney will draft a
written policy to submit to the Town Commission at the June Workshop.
Attorney Sliney stated that at the present time the Town was involved
in several zoning related lawsuits, and felt that once these were re-
solved, the legal bills would go down.
85.24 Discussion regarding Ordinance 518 re fees for reviews
by the Community Appearance Board:
Commissioner Stewart read her memorandum dated May 1, 1985, into the
record, which stated that recently a single family homeowner applied
for a permit to erect a fence and was asked to pay 5200 for the CAB
review. Commissioner Stewart stated in her memo that she felt this fee
is too high, however, it is very desirable for this review to take
place and recommended that the fee be lowered. The Vice Mayor noted
that this would affect developed sites with regard to accessory
structures and recommended that a percentage basis be established re-
lating to the cost of the project. Bruce Sutherland, Building Official
will submit his recommendations for amendment at the June Workshop
Meeting.
85.25 Discussion re Charter Section 8.06 (Land Clearing):
Vice Mayor Blosser requested that this item be placed on the Agenda
Town Commission Workshop Meeting
May 28, 1985
Page 4 of 8
for discussion. She noted that in Section 8.06 of the Town Charter,
there were provisions for land clearing under riparian rights, however,
the provisions had not been carried over into the Town Code. The Town
Attorney will study this matter and submit a recommended ordinance in-
cluding these provisions either in Chapter 11 or Chapter 15 of the Town
Code.
85.26 Discussion re Cable TV Franchise Fees (Section 10(c)):
Commissioner Basso requested that the Town consider raising the public
service tax on the cable television franchise as permitted under
Section 10 (c) of the franchise ordinance. It was noted that the
raising of the tax would increase the revenue from the cable company by
approximately $4,000.00. The Town Commission was concerned that if the
Town were to raise this fee, it would be passed on to the residents.
The Town Manager recommended that the Town look at the possibility of
increasing the ground rent now paid by the cable company in lieu of in-
creasing the public service tax, and will submit a formal recommenda-
tion at the June Workshop Meeting.
85.27 Discussion regareding possible amendment to "Open
House" sign prohibittion in Chapter 23:
' Mayor Sullivan noted that this item was precipitated by a request of
several residents of Bel Lido desiring to place an "open house" sign on
AlA. The Town Manager and Town Attorney both recommended that the pre-
sent ordinance be left in effect. Commissioner Stewart cited several
instances in Boca Raton where no street names were evident at the front
of a subdivision i.e. Royal Palm, and Boca West. It was the consensus
of the Town Commission to leave the present ordinance in tact. Formal
action on this matter will be scheduled for the June Regular Meeting.
85.28 Discussion re negotiations with County Sanitation:
The Town Manager cited his memorandum of May 23, 1985 regarding current
negotiations with County Sanitation, which indicated a regest for a re-
view of rates each year relating to current CPI figures, along with the
inclusion of a provision to permit the increase of tipping fees in con-
formance with the increase being paid by County Sanitation. It was
noted that the current contract expires September 30, 1985. The Town
Attorney stated that the contract as written allows for the extension
of the contract until 1990, and that County Sanitation had already ex-
pressed their intent to extend the contract. It was further determined
that unless dissatisfaction with services could be proven, County
Sanitation had the legal right to exercise this option. Several
concerns were expressed by the Town Commission including the method of
measuring tonnage collected in Town, time of collection and the payment
for unsold apartments, as well as the month to determine the CPI figure
•
Town Commission Workshop Meeting
May 28, 1985
Page 5 of 8
to conform to the Town's budget process. Further, Commissioner Basso
noted that the Town should reconsider the possibility of billing for
garbage service through town taxes, as in the past. Mr. Williams indi-
cated that the Financial Advisory Board was in the process of evaluat-
ing this matter. The Town Manager requested that the Town Commission
study the matter and submit any recommendations at the June Workshop
Meeting.
85.29 Discussion to determine permanent time for Workshop
Meetings:
It was the consensus of the Town Commission that the Workshop Meetings
be permanently set for 1:30 p.m. rather than 9:30 a.m. An ordinance
will be drafted to amend the Town Code accordingly.
85.30 Discussion regarding memorandum of Town Manager dated
April 29, 1985 entitled "Observations, Recommendations
and Thoughts":
Mr. Williams reviewed the above-referenced memorandum noting that addi-
tional information would be forthcoming to the Town Commission with
regard to electonic data processing, a proposed purchasing manual,
charter revisions, impact fee recommendations, upgrading of the Town's
• telephone system, evaluation of the fire service. The Town Manager
further stated that the Financial Advisory Board was reviewing the
recommendations regarding employee salary increases, as well as other
matters which may impact on the budget. Mr. Williams noted that action
had already been taken to discontinue the clothing allowance and the
reading of water meters outside of Town time.
Discussion ensued regarding the Ad Hoc Evaluation Committee. It was the
consensus that the Town Manager supply this Committee with the request-
ed information i.e. updated organizational chart, etc. and meet with
the Ad Hoc Evaluation Committee and possible the FAB jointly to
determine the goals for each and alleviate any overlapping of responsi-
bilities. The Town Commission also felt that this Committee should
begin to function on a more regular basis to enhance their effective-
ness.
The Town Commission recessed for ten minutes.
Upon re-convening the meeting, and after no objections were expressed
by the Town Commission, the Town Manager reported that the Town Hall
hours would be changed on a trial basis until September 2, 1985 to 8:00
a.m. until 4:00 p.m. Mr. Williams noted that this would not include the
Police Department, Utilities Department or Building Inspector, and that
the new hours would start on June 17, 1985, at which time a time clock
would be installed and also be used to better monitor the time of
employees. This change would also include the elimination of the "flex
•
Town Commission Workshop Meeting
May 28, 1985
Page 6 of 8
time" policy. Mr. Williams also submitted a memorandum to the Town
Commission listing the holidays thru the 1985/86 fiscal year requesting
that the Town Commission consider the closing of Town Hall on Friday,
July 5, 1985 to make for a four day weekend. It was the consensus of
the Town Commission to have Town Hall remain open on that day.
The Town Manager reported that Camp Dresser and McKee, the Town's
engineers, would be accepting bids on June 25, 1985 for the construc-
tion of a 200' deep 2" monitoring well.
Mr. Williams noted recent problems with Lift Station 1 recommending
that the Town Commission consider the possible installation of a radio
controlled alarm which would alert personnel at the Water Treatment
Plant of any problem. It was noted that the only alarm warning system
presently was a blinking red light on the lift station which was not
fully noticable during the daylight hours. The Town Manager will submit
a further recommendation on this. Also discussed was a problem in the
contacting of the Water Treatment Plant when a malfunction occurs as
the telephone number was not listed in the telephone book. This matter
is being corrected and the emergency telephone number will be noted in
the next edition of the telephone book as well as on cable tv and in
the next issue of The Bulletin.
Upon inquiry by Vice Mayor Blosser, Mr. Williams reported that he and
Chief Cecere had been attending the Community Dispatch Center meetings
and were evaluating the possible courses of action to take upon the
dissolution of CDC. Mr. Williams noted that depending on the frequency
to be used by the new Boca Raton Dispatch Center and the newly proposed
Delray Beach Dispatch Center, this would determine the cost of equip-
ment needed by Highland Beach to join either center and would be
further evaluation .before any recommendation is given to the Town
Commission.
REPORTS - TOWN COMMISSION:
Mayor Edward J. Sullivan -
Mayor Sullivan reported on a Palm Beach County Municipal League Meeting
to be held on May 31, 1985 at 12:00 noon, the status of the Group Homes
legislation and the status of the proposed Palm Beach County Council of
Governments.
Vice Mayor Mary Louise G. Blosser -
The Vice Mayor recommended that with regard to the newly proposed COG,
the recent Interlocal Agreement involving the joining of the Palm Beach
Countywide Beaches and Shores Council be considered.
•
Town Commission Workshop Meeting
May 28, 1985
Page 7 of 8
The Vice Mayor submitted proposed Resolution honoring former Mayor
Louis Y. Horton and former Town Commissioner William E. Paul, which
Resolutions will be placed on the June 4, 1985 Regular Meeting Agenda.
The Vice Mayor also requested that the matter of Certificates of
Appreciation for former board members be placed on the June Workshop
Meeting Agenda.
Commissioner John J. Basso -
Commissioner Basso deferred his comments until Commissioner Grier's
report.
Commissioner William A. Grier -
Commissioner Grier read a memorandum regarding the competitive bidding
for the installation of the monitoring well as mandated by the South
Florida Water Management District, noting that the requirements
followed, as recommended by the Town Attorney, cost the Town an addi-
tional $5,0~Pl0.091 in engineering costs. The Town Attorney stated that
he would be willing to reconsider his opinion based on possible amend-
ments which could be made on the engineering contract. The Town Manager
will discuss this matter with Camp Dresser and McKee, the Town's
engineers and will submit an amendment to the present contract at the
• June 4, 1985 Regular Meeting.
Commissioner Grier also read a memorandum dated May 6, 1985, reflecting
his views on the Town's responsibility with regard to ocean rescue.
Discussion ensued on the matter, with Commissioner Basso noting that
the liability of the Town would be severely impacted and did not feel
that it was the Town's responsibility to go into the ocean in view of
the fact that the Town has no public beach. Commissioner Basso further
recommended that the Town consider passing an Ordinance that would
require any motel or inn serving alcoholic beverages to provide a life-
guard for their beachfront. The Town Attorney also expressed reserva-
tions regarding the Town becoming involved in ocean rescue. Mayor
Sullivan expressed his opinion that this matter was complex and that
ample time should be given to the subject and therefore, tabled the
discussion until the June Workshop Meeting. The Town Commission then
requested a legal opinion be rendered prior to that meeting regarding
the Town's responsibility in providing such service.
Commissioner Bettv Jean Stewart -
Commissioner Stewart requested information on the status of access thru
Royal Highlands for the beach cleaning equipment, as well as the status
of the Coronado screening project. The Town Manager noted that he was
still working to provide the beach access, and that the Coronado
screening project had begun and should be completed in three weeks. 2-t
r:
Town Commission Workshop Meeting
' May 28, 1985
Page 8 of 8
was explained by Vice Mayor Blosser that Coronado plan approval having
given approval by the Planning Board and CAB prior to the enclosure
issue, post facto compromise arrangements had been agreed to by
Trafalgar and the Town in that partial enclosures would be installed in
the garage.
Commissioner Stewart also cited information contained in the recent
"Shoreline" publication dealing with new federal regulations regarding
seawalls and other beachfront related issues.
Commissioner Stewart then advised the Town Commission that there is
only one functioning pipeline across the Intracoastal from the Water
Treatment Plant and that this item should be addressed with a view
toward either repairing or replacing the damaged line if such action
was deemed necessary by the Town's engineers.
Commissioner Stewart submitted a memorandum regarding two meetings
attended with Mayor Sullivan and requested that same be attached to
these Minutes.
Commissioner Stewart also reported that a memorandum "Knowing Your
Ocean", prepared by the Police Department to caution would be swimmers,
• had been delivered with the Workshop Agendas to each condominium for
posting.
REPORTS - TOWN ATTORNEY:
Attorney Sliney requested that a copy of his opinion letter dated May
1H, 1985 regarding the satellite dishes be attached to the May 14, 1985
Special Meeting Minutes. Commissioner Stewart also requested that the
transcript of the May 8, 1985 Planning Board Meeting be attached to the
May 14, 1985 Special Meeting Minutes.
Attorney Sliney then gave a status report on the Highland Beach/Delray
Beach Sewer Issue noting that he was waiting on a return call from
Delray Beach's Attorney, at which time he would determine whether to
approach the court for a hearing to require Delray Beach to comply with
the provisions of the Final Report as prepared by Greeley and Hansen.
There being no further business to come before the Town Commission and
upon proper Motion and second, th m ting w adjo rned at 5:00 p.m.
APPROVED:
Edward J. u i an, Mayor
Mary Lb~ise~ G. 'Sn7..os
~~~~~L~~~tf(~ucv
1~~/7 b'S
ohrY~J. B
'"` //l//~ ~,~ :~P,P~c t~,~,
William A. Grier,
ce Mayor
stoner
ssioner