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1985.07.02_TC_Minutes_Regular. ' TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission REGULAR MEETING Tuesday,. July 2, 1985 1:30 P.M. The Regular 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, and Commissioners Betty Jean Stewart and William A. Grier. Commissioner John J. Basso was absent. Also present were Town Attorney Thomas E. Sliney; Town Manager Hugh D. Williams; Town Clerk Mary Ann Whaley; citizens and the general public. After the Roll Call, Mayor Sullivan welcomed the residents to the meeting and the Pledge of Allegiance was given. Approval of Minutes: May 14, 1985 - Special Meeting May 28, 1985 - Workshop Meeting June 4, 1985 - Regular Meeting June 14, 1985 - Workshop re Royal Highlands June 14, 1985 - Special Meeting re Royal Highlands The Vice Mayor noted that she had given the Town Clerk an amendment to the May 28, 1985 Workshop Meeting, after which MOTION was made by COMMISSIONER GRIER/VICE MAYOR BLOSSER that the Minutes be approved as amended. All voted aye. Public Comments and Requests: Mrs. Evelyn Hauck addressed the Town Commission regarding the use of surplus paper, noting it was her understanding that said paper was being thrown out. It was explained that the paper in question was out dated Bulletin paper, which included the names of former Commissioners and was in fact being used for in-house administrative matters and not being discarded. Mr. Michael Dent requested a report regarding a meeting held on Friday June 29, 1985, between the Town Commission and County Commissioner Dorothy Wilkin with Chief Brice, regarding the upcoming budget for the Palm Beach County Fire/Rescue Department. Mr. Dent noted his dissatis faction in the method of assessing the cost for such service. Mayor Sullivan noted his optimism from the meeting and later gave a report o this meeting. Mr. Reese James addressed the Town Commission in several capacities, the first being as an elector and a resident of the Town, noting his attendance at the Friday Meeting with Commissioner Wilkin, noting his disappointment in the method of assessing the cost based on the n Town Commission Regular Meeting July 2, 1985 Page 2 of 12 assessed valuation of the Town property, feeling that the cost should be based on the population factor of the Town. Further, Mr. James suggested that a Resolution be forwarded to Representatives Hanson and Press noting the Town's dissatisfaction in this method of assessment, and requesting amending legislation to rectify the matter. Mr. James further suggested that the operating budget of the Palm Beach Fire/ Rescue Department be placed back into the scrutiny of the residents of the County. It was Mr. James' feeling that the study of Public Safety within the Town of Highland Beach be reactivated in light of the up- coming increase in fire service fees. Mr. James submitted a memorandum to the Town Commission expressing his view on this matter. As the Chairman of the Financial Advisory Board, Mr. James noted that the Resolution establishing this Board noting its scope of duties to assist the Town Manager and Finance Department in the formulation of the budget, and any other matters referred to it by the Town Commission from time to time. Mr. James requested that the Town Commission give the FAB a new sense of direction to proceed in with matters of fiscal management for the Town. As a Member of the Ad Hoc Evaluation Committee, Mr. James noted a letter from Dr. Alex Tomeski, Chairman of that Committee, in which Dr. Tomeski, Mr. Martin and Mr. Cohen had resigned, citing factors of lack of cooperation from Town Staff, and further requesting the disbanding of the Committee. Mr. James felt that this did not adequately reflect the present climate, citing that neither Mrs. Rayner nor himself (being • the other two members of the Ad Hoc Evaluation Committee) had been contacted regarding this matter. Mr. James noted that he felt the Ad Hoc Evaluation Committee could be of aid to the Town and requested that ~ it be reestablished with new members appointed. Reports - Town Commission: Mayor Edward J. Sullivan - Mayor Sullivan reported on the Friday, June 29, 1985 meeting held between the Town Commission, County Commissioner Dorothy Wilkin and Palm Beach County Eire/Rescue Department Chief Herman Brice. Mayor Sullivan noted that although the estimated cost to the Town of Highland Beach was approximately $714,000, the final actual cost would probably be approximately $685,000 - $690,000. Further, the Town will be looking into the matter of obtaining rental on the Town's building and property being used by the County to house the fire equipment and staff as a means of additional revenue to offset the cost of service. Mayor Sullivan noted that the Town's dissatisfaction with the proposed raises for various firefighters averaging 44g was conveyed to Chief Brice and Commissioner Wilkin. It was noted that Commissioner Wilkin was very cooperative, extending her offer of assistance. Mayor Sullivan cited the original organizational meeting at which the proposed countywide • Town Commission Regular Meeting July 2, 1985 Page 3 of 12 • • fire/rescue department was discussed. He noted that he, along with Commissioner John J. Basso and Betty Jean Stewart attended that meeting at which time the County Commission stated that this measure was to be a cost effective way of providing fire service and would not be detri- mental to the municipalities. Mayor Sullivan noted that the Town had received a letter from Ken Adams, Chairman of Palm Beach County Commission, expressing his concern on this matter. Vice Mayor Mary Louise G. Blosser - Vice Mayor Blosser stated that she agreed with Mr. James that the Town should take a strong stand on the matter of the cost of fire services in the form of a Resolution, and requested the Town Manager to review the present contract regarding code enforcement, inspection, education, etc. with regard to the retroactive requirement for fire extinguishers and smoke alarms. In response to a question from the Vice Mayor regarding the standardization of communication, the Town Manager noted that communications would be handled through a separate network with no overlap. The Vice Mayor also cited a recent newspaper article in which the cost of EMS service for Palm Beach County was quoted as costing $600,~H0. Responding to an inquiry of Vice Mayor Blosser, Bruce Sutherland stated that the Town would be receiving a schedule for the Coronado garage project within the next week. Vice Mayor Blosser requested the Town Manager to obtain a copy of the Broward County Shoreline publication, which includes hurricane procedures. The Vice Mayor noted that a formal Motion had not yet been made transmitting the request from Boca Highland for an extension of time to the Planning Board. This request was received addressed to the Town Commission. The Town Attorney agreed that this matter should be addressed at today's meeting. Commissioner John J. Basso - Absent. Commissioner William A. Grier - Commissioner Grier noted the memorandum submitted by Mr. James regarding the fire/rescue matter, and further agreed with Mr. James' suggestion of sending a Resolution to Representatives Hanson and Press. However, Commissioner Grier recommended that this Resolution also be forwarded to the members of the Palm Beach County Commission, the other municipalities in Palm Beach County affected and any other interested parties. Commissioner Grier agreed that the Palm Beach Fire/Rescue budget should be under the scrutiny of the municipalities, however, he • Town Commission Regular Meeting July 2, 1985 Page 4 of 12 expressed his concern over the restraints placed on municipal budgets by the state for the assessment of taxes and should be studied prior to any statement being made regarding that request. Commissioner Betty Jean Stewart - Commissioner Stewart expressed her concern regarding the inequities of cost assessment for fire services. She did not feel that a per capita cost would be fair inasmuch as those with properties assessed at a much lower rate would have to pay as much as those persons with highly assessed properties, however, she did feel that some relief on this matter should be sought. Commissioner Stewart also expressed a concern that the residents might not know that the Town administration has no control over the amounts levied by the County for this service and re- quested that the Mayor and Town Manager distribute a press release, citing the state law providing for this assessment formula, and stating the Town's dissatisfaction with said law and the action being taken by the town to try to provide some relief from the assessment. Commissioner Stewart then gave a report on the Utilities Department, noting that a monthly report had not been received since March, and asked for possible re-instatement of this report. Also, Commissioner Stewart requested that an Item for a report from the Utilities Department be placed on the Town Commission Agendas, with Mr. Lee or a representative from the Water Treatment Plant being present to answer any questions, inasmuch as a recent re-establishment of this department had been had and there were several pending matters involving it. This might take the place of the written report. Commissioner Stewart reported that the South Florida Water Management District was still monitoring the water far possible salt water intrusion. Commissioner Stewart then cited a 3/7/83 memorandum from the Utilities Director in response to an inquiry of the Vice Mayor which stated figures of raw water supply and capacity which conflicted with recent reports given by Camp Dresser & McKee, the Town's engineers. Commissioner Stewart offered to give a report at the July Workshop on this matter after further research, however, Commissioner Grier and Vice Mayor Blosser indicated that the Town Manager should find further documentation to verify the figures and then report to the Town Commission on this and other matters including EPA reports on salt water intrusion. Mr. Williams stated that he would put together a report regarding capacity and supply, supporting Commissioner Stewart's position that much information could be gathered from Town records rather than from the engineers. Mr. Williams will compile this information for the July Workshop, as well as have a representative from the Water Treatment Plant available to respond to any questions. ,Town'Commission Regular Meeting July 2, 1985 Page 5 of 12 • Both Mayor Sullivan and Commissioner Stewart expressed concern regarding the submission of the enterprise budget for the upcoming fiscal year. The Town Manager indicated that this proposed budget would be distributed at an early date. Commissioner Stewart cited a backflow prevention program which had been instituted by past Utilities Director Joe Moss, requesting information as to why this program was not proceeding inasmuch as the last memoran- dum regarding same was on March 28, 1984. Although Vice Mayor Blosser stated that she felt that this was an ongoing program, the Town Manager indicated that he would check on the status of the program and report back to the Town Commission as soon as possible. Commissioner Stewart cited several memorandums which she had read on the clipboard from the Community Appearance Board to the Building Official, the first of which had to do with the Edgewater Townhouses. Commissioner Stewart indicated. that it seemed as though the last two phases of the project had been constructed without new approvals from either the Planning Board or the Community Appearance Board, even though substantial changes had been made in the plans, with the last phase just constructed even changing the footprint of the project. It was noted that the CAB had requested new conforming plans from Mr. Hackman on this project prior to any Certificate of Occupancy being approved for issuance. Commissioner Stewart requested an explanation as to why the new plans had not been submitted by Mr. Hackman. In • response to a request for a written report on this matter by Commissioner Stewart, the Building Official stated that new plans were being submitted by Mr. Hackman and would be transmitted to the CAB as soon as received. Commissioner Stewart requested a report be made at the July Workshop Meeting in response to the Community Appearance Board's memorandum to the Building Official listing various signs in Town reported to be illegal. Commissioner Stewart reported that she had talked to County Commission- er Wilken who indicated that except for an organizational meeting of the newly formed Palm Beach Countywide Beaches and Shores Council, no further meetings would be held until late August-early September. Commissioner Stewart requested that the appointment of an Alternate to `l this Board be delayed for two months in order to obtain additional information on prospective appointees. Commissioner Stewart also ~% reported that the Turtle Watch people had placed circumference markers on the beach marking the turtle nests. Mayor Sullivan then again cited the memorandum from Reese James, Chair- man of the FAB regarding the fire service costs, noting that the cost to the Town of Highland Beach had been $1,46A.00 per call for 438 calls last year. Commissioner Grier noted that this calculation per call was an artificial figure inasmuch as the Town knows what the service costs ~as a total in view of this arithmatical computation. Commissioner Town Commission Regular Meeting July 2, 1985 Page 6 of 12 • Grier further noted that the Town had a unique situation inasmuch as a fire and paramedic unit was stationed right in Town and remained here due to the remoteness of the Town to the other county areas served by Palm Beach County. Concern was expressed by all that the county fire district was paying to put out the wildfires in west county, while this service was beneficial to Boca Raton, Delray Beach and other municipal- ities which were not contributing to the cost. Commissioner Stewart again expressed her opinion that a press release of some sort in addition to the Resolution opposing the fire service costs be distribu- ted. In response to Vice Mayor Blosser's inquiry, the Town Manager indicated that the Municipal League was in the process of taking action on this matter. Discussion again turned to the Edgewater Townhouse project with Vice Mayor Blosser asking if the Town had any information on this. Commissioner Stewart indicated that the present elevations were not detailed enough. Bruce Sutherland, Building Official, indicated that the architect was in the process of submitted new plans with detailed elevations. Reports - Town Attorne Attorney Sliney reported on the Delray Beach/Highland Beach Sewer Issue indicating that Mrs. Hall, attorney for Delray Beach had written a letter to Greeley and Hansen, noting what Delray cited "obvious errors" in Mr. Dynslager's April report. The Town Attorney noted that he had talked to Mr. Dynslager, who indicated that the April report was the final report, and was in fact sending the Town a bill for same. Attorney Sliney will continue to try to conclude this matter and let the Town know what its obligations for payment are. Regarding the Boca Highland lawsuit, Attorney Sliney indicated that Citicorp, the lender on the project, had entered a Motion to join the lawsuit against the Town. The Town Attorney will report to the Town Commission as to whether the court allows Citicorp to join the suit or not. Responding to an inquiry from Commissioner Stewart as to the nature of a lawsuit of Milton Prince vs. Villa Magna, the Town Attorney indicated that this was basically a lawsuit of a condominium owner in Villa Magna suing for alleged construction violations who also sued the Town. The suit against the Town was later dismissed due to inadequate statutory notice given. Commissioner Stewart indicated that her interest involved a recent bill from the Town's insurance carriers arising from this action. Attorney Sliney will check into this matter to find out whether this was a part of the Town's deductible on the subject policy. u Town Commission Regular Meeting July 2, 1985 Page 7 of 12 Reports - Town Manager: Mr. Williams advised the Town Commission that the Palm Beach County Commission would hold a public hearing on the proposed 1985/86 fire budget at the County Courthouse on July 12, 1985. The Town Manager reported on the cooperative purchasing program between the Town of Highland Beach, Boca Raton and Delray Beach, wherein lime for the Water Treatment Plant had been secured for $61.00 per ton in place of the present cost of $72.00 per ton. Other cooperative purchases are being considered. Reports - Boards and Committees: Board of Adjustment - Will meet on 7/3/85 at 1:30 p.m. and 7/5/85 at 1:30 p.m. Alternate #1 vacancy exists on this Board. Talent Bank applicants Ray Masciarella and Jeanne Jackson will be invited to the July Workshop Meeting for additional interviews. Code Enforcement Board - • No scheduled meeting until September. Community Appearance Board - Will meet on 7/25/85 at 9:30 a.m. Mayor Sullivan noted a letter of resignation from Nita Martin. MOTION was made by COMMISSIONER STEWARTjVICE MAYOR BLOSSER to accept the resignation with regrets. All voted aye. Financial Advisory Board - Will meet on 7/22/85 at 10:00 a.m. Mr. James, Chairman of the FAB, noting that a Resolution was on the Agenda to enlarge the membership of the FAB to five regular members, asked that this Resolution be deferred until he had additional time to talk to prospective appointees regarding this matter. Library Board - No report was given. • Town Commission Regular Meeting July 2, 1985 Page 8 of 12 Planning Board/Local Planning Agency- Will meet 7/10/85 at 9:30 a.m. Mayor Sullivan noted that a letter of resignation had been received from Raymond F. Blosser from this Board. MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER GRIER that this resignation be accepted with regrets. All voted aye. Commissioner Stewart expressed concern that appropriate Board members were not notified of letters of resignation of their Board members in a timely manner. Doris Rome, Vice Chairman of the Planning Board was present and expressed surprise at this resig- nation. Police Advisory Board- Met on 7/1/85 at 11:00 a.m. Mr. Lowell Blum, Chairman was present and expressed dissatisfaction in a newspaper article recently published in the Sun Sentinel relating a possible $200.00 raise per household in Highland Beach to police raises . being requested. Mayor Sullivan cited a letter written by him to the Police apologizing for the. inaccuracy of the article and further will address the matter in the next issue of the Bulletin. Mr. Blum also reported on a letter of resignation, effective August 1, 1985 from Edward Bennett, Regular Member, due to his re-location out of Town. Mr. Blum stated that the PAB recommended that John Sudbay, who is the present Alternate Member, be appointed to the vacancy which will be created by this resignation. MOTION was made by VICE MAYOR BLOSSER/ COMMISSIONER GRIER to accept this resignation, effective August 1, 1985 with regrets. All voted aye. Commissioner Stewart cited the good police report submitted for the month of June. 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 "ADMINISTRATION", SECTION 2-6 ENTITLED "RULES OF PROCEDURE", RULE N0. 1, RELATING TO THE TIME OF WORKSHOP MEETINGS. (1st Reading 6/4/85-Published 6/14/85) This Ordinance was read in its entirety by Mayor Sullivan, after which MOTION was made by COMMISSIONER STEWART/VICE MAYOR BLOSSER to adopt the Ordinance. The Town Clerk called the roll, with all present voting aye. Town Commission Regular Meeting July 2, 1985 Page 9 of 12 A RESOLUTION OF THE TOWN OF HIGHLAND BEACH APPOINTING AN ALTERNATE MEMBER TO THE PALM BEACH COUNTYWIDE BEACHES AND SHORES COUNCIL. At the earlier request of Commissioner Stewart, this Resolution will be deferred for two months. 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. This .Resolution was read, with amendments to change the term "public park" to read "public park and/or public beaches"; to refer to 0.6 sq. miles in paragraph no. l; to refer to the Comprehensive Plan as adopted in 1984 in paragraph (d); to refer to the public parks "immediately" to the north and south of Highland Beach in paragraph (f); and the inclusion of a paragraph opposing any bond issue in Palm Beach County for beach acquisition. MOTION was made to adopt the Resolution as amended by VICE MAYOR BLOSSER/COMMISSIONER STEWART, with all present voting aye. This Resolution will be forwarded to all Members of the Palm Beach County Commission. • A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING RESOLUTION NO. 457. (Establishment of Financial Advisory Board). Pursuant to the earlier request of Reece James, Chairman of the FAB, this Resolution was deferred until a later date. Regular Business: Consent Agenda - Authorization for Town Manager to proceed with installation of monitoring well through Camp Dresser & McKee. The Town Manager stated that approximately $1,100.0 would be saved by the Town proceeding in this manner. Mr. Williams also reported that a tentative site had been approved for the installation of this well by the South Florida Water Management District, on the west side of Federal Highway between the well fields and the water plant. Boca Raton will be consulted on any required permits. The Town Manager, Commissioner Stewart and the engineers will physically visit the site to locate the proposed location. MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER GRIER to approve the Consent Agenda. All voted aye. • Town Commission Regular Meeting July 2, 1985 Page 10 of 12 • Items Left Over - 1. Discussion re beach safety - Attorney Sliney addressed this matter, citing the June 25, 1985 memorandum of David K. Friedman, in which it is stated that in his opinion, "the Town has no duty to warn of the known dangerous condition of the ocean at Highland Beach, which has a strong undercurrent (assuming this is considered to be a known dangerous condition). This is because this is a naturally occurring condition which was not created by the city. Finally, it appears to me that the Town has no duty to warn its citizens of the dangerous nature of the ocean, and had no duty to provide beach safety. Further, as stated previously, the decision to provide or not to provide beach safety, would appear to be a planning-level act for which there is sovereign immunity." It was noted that this memorandum had been written in response to a request by the Town Commission due to the memorandum of Commissioner Grier regarding this subject on May 6, 1985. Commissioner Grier accepted the memorandum of Attorney Friedman, citing the portion which read "While the municipality has the discretion to decide whether to provide beach front safety, once it decides to do so, the beach front safety it provides must be performed in a reasonable manner". • Commissioner Grier then cited the various recommendations set out in his May 6, 1985 which could be used as a "reasonable manner" in which to proceed. Commissioner Grier noted that although the Town had no legal obligation to provide beach safety, there was a moral obligation to the visitors and casual guests of those persons residing here who may not be aware of the strong undercurrents of the ocean. The option of requiring the condominiums to provide life preservers and safety equipment was discussed, however, the enforcement of such a regulation seemed to be a deterrent. Commissioner Stewart used the analogy of the proposed smoke alarm ordinance, stating that one could require the pro- vision of smoke alarms, but could not effectively enforce the provision and maintenance regulations. Commissioner Stewart also asked whether Commissioner Grier had looked into the cost of providing additional liability insurance regarding this proposed provision of beach safety, and the qualifications of someone to inspect the beach safety equipment which might be required. Commissioner Grier had not addressed these issues at this time. Vice Mayor Blosser requested that the Town Manager get an update on the protocol used by Del Trail, now the Palm Beach County Fire/Rescue Department with regard to beach safety. This matter will be addressed again at the July Workshop, with a full Commission present. 2. Discussion re Local Option Gas Tax - A memorandum was submitted by the Town Manager, indicating that the Town Commission Regular Meeting July 2, 1985 Page 11 of 12 Town would realize approximately $6.41f6fd•0f~ in revenue if the County de- cided to institute the additional 2 cent gas tax. It was noted that this measure would cast the residents of the Town at least $18,4l41~1.00 for a $6,P100.00 return to the Town. COMMISSIONER STEWART/VICE MAYOR BLOSSER made a MOTION to leave this matter unattended. The Mayor voted in favor of this, however Commissioner Grier voted no, requesting that stronger action be taken in the form of a letter being sent to the County expressing the Town's opposition to this measure. COMMISSIONER GRIER/VICE MAYOR BLOSSER then made a MOTION to write a letter to the Palm Beach County Commission expressing the Town's opposition to the implementation of an additional 2 cent gas tax. This MOTION carried unanimously. 3. Discussion re Bel Air Drive paving project. The Town Attorney, in response to questions raised at the June Workshop Meeting involving the penalty clauses, completion dates, performance bonds, etc., on the proposed contract for the re-paving of Bel Air Drive, noted that until the Town Commission awarded the bid itself, the engineers were unable to insert the appropriate figures and information into the contract. The Town Attorney recommended that the Town Commission award the bid and authorize the execution of the appropriate documentation when completed and approved by him as to farm and sufficiency. After discussion, MOTION was made by COMMISSIONER STEWART/VICE MAYOR BLOSSER to award the bid for the re-paving of Bel Air Drive to All-Rite Paving Company, being the low bid received in the amount of $112,329.69 and authorizing the execution of the contract upon the recommendation and approval of the Town Attorney. This MOTION carried unanimously. Pursuant to the matter of the Boca Highland request for an 'extension on the RPUD, MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER STEWART to transmit this request to the Planning Board as per the requirements of the Town Code for recommendation. This MOTION carried unanimously. The Mayor noted that in addition to the July 34~, 1985 Workshop Meeting, a Special Meeting to hold a public hearing for a Special Exception re- garding the Seagate application for a satellite dish would be held at 1:0f~ p.m. on this same day. Budget Meetings were set for July 17, 1985 at 1:3~ p.m. and July 24, 1985 at 1:3P1 p.m. at which time the enterprise budget will also be discussed. /~\ APPROVED: Edward Sul iv , Mayor • Mary Louise G. Blosser,Vice Mayor Town Commission Regular Meeting July 2, 1985 Page 12 of 12 John J. Basso, Commiss;2'ner G`~ William A. Grier; o issioner Betty J n Stewart, Commissioner ATTEST: DATE ; CL 13.[Z f j~~, ~/