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1985.07.30_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, July 30, 1985 1:3~ P.M. A Workshop Meeting of the Town Commission was called to order by Mayor Edward J. Sullivan at 1:3~ p.m. in the Town Commission Chambers at Town Hall. In addition to Mayor Sullivan, those in attendance were Vice Mayor Mary Louise G. Blosser and Commissioners John J. Basso and Betty Jean Stewart. Commissioner William A. Grier was absent. Also present were Town Attorney Thomas E. Sliney, Town Manager Hugh D, Williams, Town Clerk Mary Ann Mariano and the general public. 85.1 Public Comments and Requests: Mr. Michael Dent addressed the Town Commission expressing his opposi- tion to Palm Beach County's proposed acquisition of beach property in Highland Beach, urging the Town Commission's continuance of their opposition to this. 85.2 Boards and Committees: The Mayor stated the following vacancies Committees in Town: • Board of Adjustment - Alternate Community Appearance Board - 1 Re Planning Board - 1 Reqular Member Police Advisory Board - 1 Regular on the various Boards and #1 Vacancy ~ular Member Vacancy Vacancy Member Vacancy The Mayor also reiterated the concern of the Town Commission that those persons seeking appointment to Boards be full time residents available for the meetings. The following Talent Bank applicants were interviewed by the Town Commission: Ray Masciarella Jeanne Jackson Nick Daniels Richard Brunton Abraham Futernick David Augenstein Commissioner Basso inquired about the status of expanding the Financial Advisory Board and was advised that a proposed Resolution to accomplish this matter as well as the expansion of the duties of the FAB was scheduled on the August Regular Meeting Agenda. Mayor Sullivan noted that with regard to the appointment of an Alternate Member to the Palm Beach Countywide Beaches and Shores Council, that this matter had been deferred until the September i Town Commission Workshop Meeting July 3P1, 1985 Page 2 of 9 Workshop Meeting. 85.3 Proposed Ordinances and Resolutions: 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". Attorney Sliney noted that he had received some recommendations from Commissioner Stewart on proposed language. After discussion, it was agreed that the proposed ordinance should be amended in part to read: "....therefrom all glass, cans, plastic, dead or dying wood, garbage, substandard or unoccupied buildings, walls or other structure in a falling or dangerous condition, or the like, the Town shall have the power...." Commissioner Stewart inquired as to whether by virtue of the Town adopting such an ordinance, the Town was assuming responsibility for its enforcement should a property owner neglect to remove any debris which might injure another. Attorney Sliney stated that nothing could prevent a nuisance lawsuit being filed, however, does not feel that any recovery would be made under such a suit. Further, it was noted that this was being drawn for enforcement by the Code Enforcement Board. Vice Mayor Blosser noted that the adoption of this ordinance was being requested to clarify those powers of the Town set out presently in the Charter with regard to these matters. The Town Attorney will redraft this proposed ordinance for first reading at the August 6, 1985 Regular Meeting. 85.26 Discussion re Cable Television Franchise Section 10(c): Deferred by Town Manager until August Workshop. 85.28 Discussion re negotiations with County Sanitation: It was noted that the Town Manager and Town Attorney had met with Dave Gaudette of County Sanitation in an effort to resolve the matters which had been agreed upon by the Town Commission at earlier meetings including the CPI formula to be used, the annual rate review not to exceed 5% in any one year or 20$ over a five year period, the possible increase of tipping fees, and the method and time of collection. The new Addendum will also include a date certain for termination of the contract. The Town Attorney will prepare the proposed Addendum for consideration by the Town Commission at its August 6, 1985 Regular Meeting. i ~~ Town Commission Workshop Meeting July 3~, 1985 Page 3 of 9 • 85.33 Discussion regarding Commissioner Grier's memorandum on Beach Safety It was the consensus of the Town Commission to agree with the Town Attorney's position that the Town had no affirmative duty to provide beach safety on private beaches, however, at the suggestion of Commissioner Basso, the Town Attorney will look into the possibility of requiring any establishment which sells alcoholic beverages to provide a lifeguard. Mayor Sullivan commended Commissioner Grier's concern and his submission of the subject memorandum. 85.37 Request for final site plan review - Enclaves of Boca Cove Mayor Sullivan read the memorandum from the Planning Board, as well as the letter from Mr. Gore of the Enclaves. Although it was noted that this project had received approval by the Community Appearance Board, the Town Commission requested a copy of the approval prior to the Town Commission's possible action on this matter at the August 6, 1985 Regular Meeting. 85.38 Re uest for a royal of amended site lan - Ocean Reef • As with the previous matter, the Town Commission requested a copy of the written approval of the Community Appearance Board be submitted prior to any possible action at the August 6, 1985 Regular Meeting. Doris Rome, Vice-Chairman of the Planning Board noted that the Planning Board was concerned about screening and vegetation around the pool area and requested that the Town Commission make any approval contingent upon the Community Appearance Board's approval of these items. Commissioner Stewart expressed concern regarding the communication between the Boards citing an example of the Planning Board requesting the Community Appearance Board to do something. Bruce Sutherland, Building Official, noted that it was his responsibility to relay any such requests between the Boards, advising the Town Manager of such action. This matter will be scheduled for the August 6, 1985 Regular Meeting. REPORTS - TOWN COMMISSION Mayor Edward J. Sullivan Under the Mayor's report, substantial discussion took place regarding a proposal that the Resolution establishing the Financial Advisory Board be amended to expand the Board's duties to include the study of salary structure, monetary deposits and investments, Town rules and regulations and any other matters which the Town Commission might want to delegate. Also, the proposed Resolution will expand the membership U Town Commission Workshop Meeting July 30, 1985 Page 4 of 9 to five (5) Regular Members. Attorney Sliney will draft a proposed Resolution including amplification of duties and expansion of the Board for the August 6, 1985 Regular Meeting. Mayor Sullivan noted his attendance at a recent Municipal League Meeting at which municipal borrowing was discussed. A tentative date of August 8, 1985 was set for the demonstration of a municipal financial software program by Mr. David Pierce of Presus and Hass CPA firm. Commissioner Stewart noted that hardware with a hard disk was needed and will try to be located prior to this date. Mr. David Augenstein noted that there was such a computer at Braemer Isle which might be made available for the Town's use. This will be checked out. Mayor Sullivan reported the receipt of a letter from Karen Marcus, County Commissioner, noting her concern regarding the method of funding for fire/rescue services in Palm Beach County, offering her assistance in finding alternative funding methods. Mayor Sullivan noted a letter had been received from Hidden Harbor asking for time to be heard by the Town Commission, as well as reporting that a copy of the new State Comprehensive Plan requirements had been received and were being reviewed. Substantial disussion ensued regarding the County's proposal to purchase beach property within the Town of Highland Beach. Mayor Sullivan noted that the Town's position was one of opposition and further noted tha the County was planning to hold five public hearings to gain input from the citizens of Palm Beach County. Commissioner Basso noted that the property being proposed in Highland Beach was the most expensive property being considered and that the County should look to purchase more property at lower costs. Attorney Sliney noted that a preliminary review of the matter revealed that the County would have to comply with zoning regulations and that the Town of Highland Beach had no land zoned for a public park. Attorney Sliney stated that should the County purchase any property within Town for this purpose, they would have to follow the procedures requesting either a rezoning or a Special Exception. A written opinion on this will follow. With regard to the bond issue itself, Attorney Sliney noted that although the bond issue was being proposed without delineating specific parcels, this had been done before and therefore, legal opposition to this bond issue probably would not be a defensible action. Mr. Williams noted that the property in Highland Beach would average $14,90 per foot for beachfront property. It was the consensus of the Town Commission that the Town Manager write to County Commission Chairman Ken Adams and invite the County to hold one of their public hearings at Town Hall in Highland Beach. 1~ • Town Commission Workshop Meeting July 3~, 1985 Page 5 of 9 Vice Mayor Mary Louise G. Blosser - Vice Mayor Blosser reported that the Coronado screening should be completed by August 7, 1985, inasmuch as weather problems had occurred which extended the previously expected completion date of July 21. Discussion ensued regarding the proposed creation of a South County Council of Governments, with it being cited that a Resolution had been requested of local governments by July 31, 1985 joining and supporting this organization. It was noted that except for the Mayor, Vice Mayor and Town Manager, the other members of the Town Commission had not seen any of the literature on the proposed COG. It was the consensus that the Town Manager write the proposed COG, noting that although the Town might support such an effort, no action would be taken without the Town first reviewing the proposed constitution, including the proposed fees, voting method, etc. Vice Mayor Blosser noted that although the Resolutions honoring former Mayor Louis Y. Horton and Commissioner William E. Paul were ready for presentation, that neither would be available for the August Regular Meeting. This will be scheduled for the September Regular Meeting. Vice Mayor Blosser then noted that former Commissioner Harry Bauer had never received a Resolution in honor of his service. It was the consensus of the Town Commission that Attorney Sliney draft a proposed Resolution for this purpose. Commissioner John J. Basso - Commissioner Basso reported on a letter from the Town Attorney, dated July 23, 1985, enclosing a letter from Mr. Duynslager of Greeley and Hansen noting that the report submitted in April on the Delray Beach/ Highland Beach Sewer matter was indeed a final report. Commissioner Basso noted the Order of the Court, stating that we should proceed to tender the required check to the City of Delray Beach. The Town Manager noted that he will write to the City Manager of Delray Beach requesting that they get together to determine the exact amount to be paid to Delray. Attorney Sliney noted that the Town of Highland Beach had acted in good faith throughout the negotiations and the tendering of the first check, which had been returned to the Town, and that the Mayor and Town Manager should again attempt to personally carry the check for the minimum required amount to Delray Beach to see what their response would be this time. Commissioner William A. Grier - Although Commissioner Grier was absent, Vice Mayor Blosser cited the • submission of a memorandum of Commissioner Grier dated July 17, 1985 regarding the provision of fire/rescue services to the Town. • Town Commission Workshop Meeting July 30, 1985 Page 6 of 9 Commissioner Betty Jean Stewart - Commissioner Stewart asked whether the recent Supreme Court ruling regarding the Fair Labor Standards Act with specific emphasis on overtime pay would have any impact on the Town's finances. The Town Manager stated that this would not affect the Town, inasmuch as compen- satory time could be given within the payroll period rather than paying the overtime amounts. Further, with regard to administrative personnel, who presently work a 35 hour week, this would not take effect until after 40 hours. The Town Manager noted that he would be considering a change to provide for a 4P! hour work week for administrative personnel in the near future. .__, Commissioner Stewart reported on a letter of July 18, 1985 from Robert V Clinger, of the Beaches and Shores Administration, regarding a meeting to be held on August 15, 1985 at 3:0~ p.m., to discuss beach erosion control projects and their environmental impacts. The Town Manager will gather information regarding the progress of the artificial seaweed (Seascape) project in order to report on this at the August 15 meeting. Mayor Sullivan noted that the Town Manager, and Commissioner Stewart would attend this meeting. ~---~ • Commissioner Stewart requested the status of her request that the fees charged for reviews by the Community Appearance Board, particulary for single family homes, be re-evaluated. The Town Manager stated that he would gather information on all fees charged in Town for review at the August Workshop Meeting. Further, the Town Attorney will draft a proposed ordinance providing for the setting of fees by Resolution for ease in amending same from time to time. With regard to the Utilities Department, Commissioner Stewart noted that a request had been made at the last meeting to have Jack Lee, from the Water Treatment Plant, available at this meeting to answer any questions that the Town Commission might have. The Town Manager noted that he had failed to inform Mr. Lee and that he would transmit any questions to him. In response to Commissioner Stewart's request as to the provision of a monthly report, which had not been provided in the last several months, the Town Manager noted that a new form was being worked on and would be submitted at an early date. Commissioner Stewart requested that documentation be provided to substantiate the information submitted in a memorandum from the Town Manager dated July 26, 1985 regarding the capacities of the Town's existing wellfields. The Town Manager noted that the information had been obtained from the engineers, however, both Commissioner Stewart and Commissioner Basso requested further documentation be provided. Commissioner Stewart cited the fact that although the Town Manager stated that SFWMD regulations had not changed since the Town received • Town Commission Workshop Meeting July 3fd, 1985 Page 7 of 9 its permit, that she had some material from 1979 which had indicated a change and that this should be investigated. The Town Manager will look into this. Commissioner Basso stated that he felt that an outside expert should be retained to determine whether the Town's plant was being operated efficiently, insofar as equipment and personnel were concerned. Commissioner Stewart agreed with this, citing that the Town had one of the only spyractor plants between West Palm Beach and Miami and that this should be taken into account when anyone is considered for a study of the plant. It was the consensus that the Town Manager make some recommendations at the August Regular Meeting for appropriate experts to undertake such a study, noting that the Town's present engineers would not be adequate for such a study. This matter will be further discussed at the August Regular Meeting. Commissioner Stewart submitted a list to the Town Commission of the employees at the Water Treatment Plant, including their age, education, date of hire, etc. Further, Commissioner Stewart submitted a prepared questionaire for the Water Treatment Plant employees soliciting thier • views on improvements at the Water Plant and sewer facilities, etc. It was the consensus of the Town Commission that this questionaire be processed as rapidly as possible by the Town Manager. Commissioner Stewart requested that the Town Manager provide a list of which employees were working each shift at the Water Treatment Plant. Commissioner Stewart also noted that the City of Boca Raton was holding a public hearing regarding the proposed rezoning of property adjacent to the Town's wellfields during the next week. REPORTS - TOWN ATTORNEY: Attorney Sliney reported that with regard to the Boca Highland lawsuit, Citicorp had been allowed to join as a party to this action. With regard to Royal Highlands, Attorney Sliney reported that the Planning Board was reviewing this matter on August 7, 1985 and further, that Coastal Technologies, the expert engineers retained by the Town, was continuing their study of this matter. Attorney Sliney cited the request referred to in the Mayor's report from Hidden Harbor (Zaremba Communities) requesting that this matter be scheduled at the Auqust Workshop Meeting for discussion. REPORTS - TOWN MANAGER: The Town Manager reiterated the fact that a new monthly Utilities Report was being drawn for submission to the Town Commission at an ' Town Commission Workshop Meeting July 3~, 1985 Page 9 of 9 APPROVED: ward J. Sullily/~ln, Mayor Mary Lo 'se G~ osser,Vice Mayor n .~ /Basso, Commissioner William A. Grier, 'C2~mtnissioner Bet Jean Stewart, Commissioner • TTEST: OWN C R DATE : _-~ i • Town Commission Workshop Meeting July 30, 1985 Page 8 of 9 early date. Mr. Williams reported that he had received five proposals from auditing firms and requested that the Town Commmission direct the Financial Advisory Board to act as an Auditing Selection Committee for the purpose of reviewing and ranking the proposals in order. It was the consensus of the Town Commission that the Financial Advisory Board act in this capacity. With regard to any recommendation being made on a computer system for the Finance Department, the Town Manager recommended that this matter be deferred until after the scheduled demonstration of the software program as referred to in the Mayor's report. Mr. Williams cited the submission to the Town Commission of a proposed Purchasing Procedures Manual. It was the consensus of the Town Commission that this document needed additional work and directed that the Financial Advisory Board review same for their recommendations prior to the Town Commission's consideration. • With regard to the Bel Air Drive repaving project, the Town Manager reported that the contracts were in the process of being signed and stated that the project should be underway within three weeks and completed within 60 days after commencement. The nine month financial report as noted on the Agenda was not ready and therefore this matter was deferred. The Town Manager reported that the Town was in the process of setting up a CPR course for employees and residents at Town Hall. Mr. Williams stated that a report would be forthcoming at an early date regarding the breakup of the Cooperative Dispatch Center (CDC) and his recommendations for dispatch service. Mr. Williams noted that the frequency with which the new Boca Raton dispatch center would be operating would require a substantial allocation toward new compatible equipment. Mr. Williams also noted that the fregu~ with which Delray Beach would be operating might not be adequate for future use and that both of these facts would be taken into consideration prior to his report being submitted during September. The Town Manager and Town Building Official have been subpoenaed in a tax dispute matter by attorney's for Mr. Steinhardt. There being no further business to come before the Town Commission at this time, the meeting was adjourned at 4;10 p.m. i