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1985.06.25_TC_Minutes_Workshop.- "i • TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, June 25, 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 at Town Hall. Also present were Vice Mayor Mary Louise G. Blosser, and Commissioners William A. Grier and Betty Jean Stewart. Commissioner John J. Basso was absent. Also present were Town Attorney Thomas E. Sliney; Town Manager Hugh D. Williams; Town Clerk Mary Ann Whaley; Building Official Bruce Sutherland; various members of the general public. 85.1 Public Comments and Requests: Mrs. Doris Rome addressed the Town Commission expressing her dissatis- faction with the services provided by Centel Cable TV; her feeling that the various Boards in Town should have access to the Town Attorney; and her feeling that the Town should not become involved in beach safety as it would create an unnecessary liability, citing the discussions at Ambassador's East as an example. • Mr. Lowell Blum, Chairman of the Police Advisory Board reported that there were three items being requested by the Police Department in the budget for FY 1985/86 being 1) having their birthday off in lieu of the present floating holiday; 2) changing the present 4 to 1 convertible sick leave to a 2 to 1 ratio; and 3) medical and dental coverage for dependents. Mr. John Schneider representing the Monterey House Condominium Associa- tion addressed the Town Commission urging their concurrence in the position of the Planning Board regarding the pending application for a satellite antenna at the Monterey House. Mr. Michael Dent addressed the Town Commission expressing his dissatis- faction with the current personnel at the Water Treatment Plant, encouraging the Town Commission to consider the re-hiring of Mr. Moss and Miss Ferrigan as employees. 85.2 Boards and Committees: Although the matter of method of appointment of board members was noted on the agenda, the Town Commission did not discuss this subject. They did discuss the feasibility of providing Certificates of Appreciation to retiring Board Members. The majority consensus was that a suitable Letter of Appreciation from the Town and from the particular Board was adequate. The Alternate #1 vacancy on the Board of Adjustment was discussed. It To~etn.Commission Workshop Meeting June 25, 1985 Page 2 of 9 was noted that the applications of Mrs. Jeanne. Jackson and Mr. Raymond Masciarella were pending for this Board. .Also, it was noted that Mr. David Augenstein had applied for general appointment. The Town Clerk will provide the applications of Mrs. Jackson and Mr. Masciarella to the Mayor and Commissioner Grier as they were not members of the Town Commission when these particular applications were received. Commissioner Grier indicated that he had met Mr. Masciarella who was an attorney and felt that expertise such as his should be solicited for work on the Boards when available ...This appointment will be further considered at the July 2, 1985 Regular Meeting. Discussion ensued regarding possible appointments as Alternate Members to the Palm Beach Countywide Beaches and Shores Council, with the names of Abraham Futernick, Jose Echeverria, William E. Paul and Edward Spink being raised. These and other possible applicants will be contacted and a possible appointment made at the July 2, 1985 Regular Meeting. It was noted that Commissioner Stewart was the Town's Regular Member on this Council. 85.3 Proposed Ordinances and Resolutions: AN ORDINANCE OF THE. TOWN OF HIGHLAND BEACH, FLORIDA, • AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, CHAPTER 2, ENTITLED "RULES OF PROCEDURE", RULE N0. 1, RELATING TO THE TIME OF WORKSHOP MEETINGS. Mayor Sullivan noted that this proposed Ordinance had been given a first reading on June 4, 1985 and had been properly published on June 14, 1985. This proposed Ordinance will be placed on the July 2, 1985 Regular Meeting Agenda for final reading and adoption. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 15 ENTITLED "LAND CLEARANCE" BY THE ADDITION OF A SECTION ENTITLED "ACCUMULATION OF DEBRIS ON LAND OR RIPARIAN AREAS - PROHIBITED". Discussion ensued on this matter. There was concern expressed as to the wording of those items prohibited from being allowed to accumulate i.e. "obnoxious growth" and a question arose as to who was to determine what would be considered "obnoxious growth". Further, Commissioner Stewart expressed a concern as to that property falling east of the Coastal Construction Control Line and the legality of removing matter not on private property. Commissioner Stewart cited that seaweed accum- ulation is now being used as a means of beach restoration. Attorney Sliney will redraft this proposed ordinance with a view toward citing those things which could be construed as nuisances in lieu of those things which would be considered for erosion control. n U Town Commission Workshop Meeting June 25, 1985 Page 3 of 9 A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA OPPOSING THE ACQUISITION OF REAL ESTATE IN THE TOWN OF HIGHLAND BEACH FOR A PUBLIC PARK. A Resolution which had been submitted by Attorney Sliney in 1984 was considered at this time. It was the consensus of the Town Commission that this Resolution be expanded to cite the information gathered in a citizen survey in 1981 which indicated that the residents in the Town did not want a public park. Also, the fact that there are public parks in the close proximity to Highland Beach, both to the north and the south will be noted in the Resolution. This redraft will be placed on the July 2, 1985 Regular Meeting Agenda for possible adoption. 85.24 Discussion re Ordinance 518 re fees for CAB reviews: Bruce Sutherland, Building Official, submitted a memorandum to the Town Commission, at this time, expressing his views on the topic of CAB reviews regarding "accessory structures." Vice Mayor Blosser objected to the lack of specificity in the memo and suggested that the Planning Board review this matter with zoning. Mr. Sutherland was of the opinion that the fees regarding CAB reviews, as well as Planning Board reviews, should be decreased but felt that the way to go about this was possibly to eliminate the Planning Board review of accessory structures on those • structures other than new construction, with the Community Appearance Board being the only board reviewing for purposes of esthetics. Mr. Sutherland felt this would cut down the cost to the applicant. Commissioner Stewart recommended that maybe it would be possible to put a statement of fees within the ordinance dealing with construction of fences, which will also be considered. Inasmuch as the Planning Board now considers amendment of the Zoning Code, they will be asked to consider amending the amount of review fees regarding accessory structures, specifically fences. Also the Town Attorney will draft an ordinance which will allow the setting of fees from time to time by resolution with regard to building permits, etc. 85.26 Discussion re Cable TV Franchise, Section 14J(c): Mr. Williams reported to the Town Commission that he had preliminary discussions with the local cable television representatives who indicated no resistance to an increase from 3$ to 5~ under the present cable franchise. The local representatives did indicate, however, that any increase in this franchise fee would probably be passed on through to the residents of the Town. It was noted that the section under con- sideration dealt with public utility taxes, however, Attorney Sliney reported that under the present statutes it would not be possible for the Town to pursue this course of action. Inasmuch as Commissioner Basso was the person most concerned with this matter, this matter will be scheduled for the July workshop meeting. • Town Commission Workshop Meeting June 25, 1985 Page 4 of 9 85.28 Discussion re negotiations with County Sanitation: Discussion ensued regarding possible amendments to the present County Sanitation Contract. A draft addendum will be submitted at the July Workshop Meeting. This addendum will include a provision for annual cost negotiations rather than the present terms which permit evaluation after three (3) years. The addendum will also include a date certain for expiration for the contract itself. It was noted that under the request made by County Sanitation, there would be a maximum percentage of 20% aver a five-year period submitted in this addendum. This cost will be evaluated and tied to the C.P.I. Index. The addendum will also include a provision by which an increase in tipping fees would be passed on to the Town. There was also a concern expressed about the determination of exactly how many loads of trash were being hauled from the Town. The Town Manager will gather additional information regarding the co-mingling of Highland Beach's trash with any other local towns and submit his findings to the Commission. The proposed addendum will be submitted to the Town Commission at the July workshop meeting. 85.31 Discussion re policy of Boards and Committees use of Town Attorne • Mr. Williams noted that he and the Town Attorney had met regarding the above matter and recommended that access to the Town Attorney be some- what limited to the chairmen of the various boards, the elected officials, the Town Manager, and the Town Clerk. Commissioner Stewart expressed a concern regarding the extent of a request made to the Town Attorney with specific regard to research, citing the research requested by Sanders and Associates regarding the Boca Hi matter by the Planning Board. Commissioner Stewart felt that any extensive research should not be undertaken without a request coming to the Town Commission for approval. The Town Attorney will attend meetings of the Planning Board, Code Enforcement Board and Board of Adjustment unless requested not to do so. Further discussion will be held on this matter at the July workshop meeting. 85.32 Discussion re possible re airing of Intracoastal Water Line: Mr. Williams indicated that due to the lack of information available in the Town files, he met with Russell & Axon, the original engineers, regarding the Water Plant lines under the Intracoastal. Mr. Williams presented the plans he had received from Russell & Axon and explained the process by which the existing water line was constructed under the Intracoastal. It was indicated that a new water line would cost approximately $220,000.00. Mr. Williams requested to spend approximately $1,000.00 to pressurize the existing line to determine where the leak was for possible repair at an extremely lesser cost. The Town Manager noted that there had been problems with one part of the line before and very possibly this could be the problem the Town is having with the line at this time. It was the consensus of the Town Commission to direct the Town Manager to proceed in this manner. Town Commission Workshop Meeting June 25, 1985 Page 5 of 9 85.33 Discussion of May 6, 1985 Memorandum of Commissioner Grier re Beach Safety: Attorney Sliney gave the oral opinion that he felt it was not a duty on the part of the Town to become involved in beach safety. He indicated that the Town would be immune from suit unless we took a duty on as in providing methods of beach safety. Commissioner Grier requested information regarding the various methods he had outlined in his memorandum by which the Town could provide some relief in this matter. Attorney Sliney indicated he had not researched that portion of the matter and was in the process of submitting a written opinion regarding the Town's duty and responsibility, at this time. Further discussion will be held on this matter after the opinion of the Town Attorney is received. 85.34 Discussion of proposed Interlocal Agreement re Local Option Gas tax: A letter dated June 4, 1985, along with a proposed Interlocal Agreement from the Palm Beach County Commission, was submitted to the Town Commission on the matter. Mr. Williams indicated that he had read an article in the Sun Sentinel which stated the Town would realize • approximately $67,000.00 per year if passage of this proposed ordinance (county-wide) was undertaken. Considerable discussion ensued regarding this matter with additional information to support that figure being requested for the July regular meeting. 85.35 Discussion of June 11, 1985 letter from Edwin J. Stacker, Attorney for Boca Highland, Inc.: Attorney Sliney indicated that the above referenced letter included a request for an extension of the RPUD until January 31, 1990. He recommended that this matter be processed under the normal procedure outlined in the RPUD Administrative Section of Chapter 30, Section 8.9 (4). Attorney Sliney will further write a letter to Mr. Stacker indicating that this matter would be referred to the Planning Board, if that was the desire of the Town Commission. Commissioner Stewart noted that due to the fact that litigation was currently pending in the 4th Circuit Court of Appeals, should the matter be considered by the Town at all. It was the opinion of Attorney Sliney and Attorney Mark Schorr (representing the Braemer Isle Condo Association) that the litigation under consideration by the court did not include time-frames and therefore the Town should respond to the request in a routine procedural way. Attorney Sliney then noted that he had received a companion letter from an attorney representing Citicorp Corp. who is a lender on this project incorporating the same time extension request. It was the basic opinion of Attorney Sliney that Citicorp was not the • applicant nor the owner of the property and therefore had no standing. Attorney Sliney will correspond with Citicorp Corp. Town Commission June 25, 1985 Page 6 of 9 C~ Workshop Meeting indicating this fact. This matter will be evaluated by the Town Attorney for pertinency es well as the Town Manager directing this matter to the Town Planning Board for recommendation. 85.36 Discussion re elimination of Alternate Members on Code Enforcement Board: In a memorandum of the Town Clerk, dated June 17, 1985, the Town Commission was advised that present ordinances do not require the appointment of alternate members on the Code Enforcement Board but rather includes permissive language. It was the opinion of the Town Clerk that this ordinance needed no amendment in order to eliminate alternate members on the Code Enforcement Board. The Town Commission concurred in the recommendation and there will be no further action on this matter, at this time. REPORTS - TOWN COMMISSION: Mayor Edward J. Sullivan - Mayor Sullivan reported on the upcoming Palm Beach County Municipal League Dinner, an affair on July 4, 1985, to defray campaign costs of Senator Harry Johnston. • Mayor Sullivan reported that a meeting will be held on Friday, June 28,1985, at 4:00 p.m., at Town Hall, with County Commissioner Dorothy Wilken and Fire Administrator Herman Brice regarding the upcoming Palm Beach County Fire/Rescue contract. Mayor Sullivan directed that unauthorized personnel no longer be permitted in the general administrative areas of Town Hall, nor be permitted to request staff members gather information and do research without advance notice. Mayor Sullivan noted that a folder regarding a new system of water treatment (being utilized by Boynton Beach) was available on his desk. A letter from the DNR regarding a request from Teron International (Royal Highlands) for the amendment to the "Seascape" (artificial sea- weed) permit to allow the Southernmost 200 feet, was discussed. The Town Commission expressed no objection to the request and felt that the entire 800 feet of property should be considered. Vice Mayor Mary Louise G. Blosser - Vice Mayor Blosser noted that she is still working with Mr. Arnold on the Sign Code. Vice Mayor Blosser requested that appropriate sections of the newly adopted State Growth Management Bill be evaluated by the Town Attorney • for whatever action may be necessary by the Town. Vice Mayor Blosser stated that the Planning Board would soon be reviewing the Zoning Code and urged the Town Attorney, Town Manager, Town Clerk, and other Commission members to make whatever recommendations they might have. Town Commission Workshop Meeting June 25, 1985 Page 7 of 9 Commissioner John J. Basso - Absent. Commissioner William A. Grier - Commissioner Grier and Reese James recommended a Resolution be adopted to expand the membership of the Financial Advisory Board to five (5) regular members. This Resolution will be placed on the July Reqular Meeting Agenda for possible action. Vice Mayor Blosser noted that the Coronado screening should be completed by July 28, 1985. Commissioner Betty Jean Stewart - Commissioner Stewart requested the status of the new budget. Commissioner Stewart requested information regarding a 5936.00 bill received from the auditors and further requested information as to what procedure the Town was following in the consideration of a new auditing firm for the new fiscal year. It was noted that the Town Finance Department was requesting that the auditors be retained earlier than usual so as to be on board throughout most of the year rather than just ._..~.-at the normal auditing time in the late fall. Mr. Reese James, Chairman of the Financial Advisory Board noted that the FAB was basically satisfied with the present firm, basing their position on the recommendations received from the Town's Finance Department. The Town Manager will supply the Town Commission with an alternate list of potential auditors and the procedure to follow should the Town Commission desire to retain a different firm for the next fiscal year. This matter will be scheduled for additional discussion at the July Workshop Meeting. Commissioner Stewart noted her concern regarding the water report summaries which indicate a water loss. The Town Manager noted that the recent installation of a new meter might help to solve this matter and that he would give the Town Commission a further report on this. REPORTS - TOWN ATTORNEX: Attorney Sliney indicated that he was in the process of responding to a Writ of Certiori in the Boca Highland matter. The Town Attorney complimented the Town Staff for their cooperation in compiling the necessary documentation regarding the Royal Highlands matter and further reported that he, in conjunction with the Town Manager were working on receiving a study on this matter from the newly retained engineers. • Town Commission Workshop Meeting June 25, 1985 Page 8 of 9 Attorney Sliney noted that a suit for Declaratory Judgement had been filed against the Town by Drexel Management for additional time in which to construct that project. REPORTS - TOWN MANAGER: The Town Manager noted that some action should be taken on the bids received regarding the re-paving of Bel Air Drive. It was further noted that the lowest bid had been received from Allright Paving in the amount of $112,329.69. Commissioner Stewart expressed her concern that a penalty clause for the completion of the project should be included and a performance bond considered. Attorney Sliney will study the sub- mitted contract documents and report on this matter at the July Regular Meeting. A recess of approximately ten minutes was taken at this point. The Town Manager reported that the Town was still in a position to save approximately $1,1P1~1.0(~ if approval was given to Camp Dresser & McKee to proceed with the installation of the monitoring well as required by the South Florida Water Management District. The approval of this item will be placed on the Consent Agenda for the July 2, 1985 Regular Meeting. Mr. Williams will supply information regarding the Town's options on electronic data processing equipment for the Finance Department at the July Workshop Meeting. The Town Manager noted that Dr. Tomeski was in the process of setting up a meeting of the Ad Hoc Evaluation Committee to respond to his last correspondence. The Town Commission will set up a meeting, at Mr. Williams request, upon the return of Commissioner Basso for the purpose of evaluation of the Town Manager. This meeting will be held to determine the status of Mr. Williams probationary period and salary level. Mr. Williams then submitted the proposed 1985/86 fiscal year budget to the Town Commission, noting that this was a preliminary draft only and subject to substantial changes upon the receipt of the actual assessed value figure from the County Property Assessor and the actual cost of fire/rescue service. Mr. Williams then outlined several of the items contained in this proposed budget, recommending that this be studied further at the July Workshop Meeting. There being no further business, and upon proper Motion and Second, the meeting was adjourned at 4:45 p.m. Town Commission Workshop Meeting June 25, 19$5 Page 9 of 9 APPROVED: Mary Louise G. Blosser,vice Mayor Jo np J. Basso, Commi "inner (~ William A. Grier, Com issioner Bet Jean Stewart, Commissioner ATTEST: DATE:C RIj,/~~- J`) r D •