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1985.08.27_TC_Minutes_Workshop • TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, August 27, 1985 1.30 P M The Workshop Meeting of the Town Commission was called to order by Vice Mayor Mary Louise G. Blosser at the Town Hall Town Commission Chambers. Also in attendance were Commissioners John J. Basso and Betty Jean Stewart. Mayor Edward J. Sullivan and Commissioner William A. Grier were absent. Also present were Town Attorney Thomas E. Sliney; Town Manager Hugh D. Williams; Town Clerk Mary Ann Mariano; members of the general public. 85.1 Public Comments and Requests: Mr. Michael Dent stated his opposition to Palm Beach County's proposed plan to acquire property for public parks in Highland Beach, supporting the efforts of the citizens to organize a countywide group to raise funds for publicity to fight the county plan. 85.2 Boards and Committees: . Talent Bank Applicants Martha Dempsey (CAB) and Michael Leonard (Planning Board) were interviewed. It was noted that a letter had been received from Mr. Walter Clayton, talent bank applicant, stating that he would not be present at this meeting. The Town Clerk will contact Mr. Clayton to ascertain the status of his application. The Vice Mayor noted the following vacancies: Community Appearance Board - 1 Regular Member Planning Board - 1 Regular Member Police Advisory Board - 1 Regular Member It was also noted that the appointment of an Alternate Member to the Palm Beach Countywide Beaches and Shores Council had been deferred until the September 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". This proposed ordinance was further amended by the replacement of the words "dead or dying wood" with the words "dead trees". This ordinance will be submitted for final reading and possible adoption at the September Regular Meeting. Town Commission Workshop Meeting August 27, 1985 Page 2 of 8 The following three proposed ordinances involving the adoption of the 1985/86 Fiscal Year Budget will be considered at a Special Meeting to be held in conjunction with the September 27, 1985 Workshop Meeting: 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING ORDINACCE N0. 506, WHICH APPROPRIATED FUNDS FOR FISCAL YEAR 1984/85, WHICH BEGAN OCTOBER 1, 1984 AND ENDS ON SEPTEMBER 30, 1985. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, TO EFFECT A TAX LEVY BASED UPON THE 1985 TAX ROLL OF THE TOWN OF HIGHLAND BEACH. 3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, APPROPRIATING FUNDS FOR THE FISCAL YEAR 1985-86, BEGINNING OCTOBER 1, 1985 AND ENDING SEPTEMBER 341, 1986. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, FOR THE ENACTMENT, ESTABLISHMENT AND PARTICIPATION IN A COUNCIL OF GOVERNMENTS WITH MEMBERSHIP CONSISTING OF OTHER GOVERNMENTAL JURISDICTIONS IN SOUTH PALM BEACH COUNTY AND PALM BEACH COUNTY; PROVIDING AN EFFECTIVE DATE. • This Resolution was discussed in depth. Attorney Sliney noted that al- though Florida Statute, Sec. 163.02 was noted, same was not attached. It was further noted by Attorney Sliney, that the Resolution did not address the issue of how the organization would assess funding among the separate entities to be included. Mr. Williams noted that at the last organizational meeting, it was noted that the first year's dues for all members was to be $250.00, with the assessment formula being worked out prior to the second year. The "opt out-opt in" provision was discussed, with clarification needed as to the dues to be paid should the Town opt out and decide to opt in later. Mr. Williams noted that the by-laws of the proposed Council had not been formally adopted. Discussion ensued regarding the provision for "emergency" and "special" meetings, with clarification needed as to who had the authority to call same, and further, the number of members needed to take action at either of these types of meetings. Although Mr. Williams noted that he felt the purpose of this organization was envisioned. as being an informative group meeting to discuss mutual problems, Commissioner Basso felt that this organization would only duplicate the efforts of the Palm Beach County Commission. It was noted that Mayor Sullivan will be approaching this organization to find out their view on the fire/rescue assessment matter. Vice Mayor Blosser stated that she felt it might be wise to join the organization for-this initial year at the $250.00 fee and make a later determination as to the continuation of the Town's involvement. Town Commission August 27, 1985 Page 3 of 8 • 85.26 Workshop Meeting Discussion re Cable Television Franchise Fees: The Town Manager noted that he had been in verbal contact with Centel Cable and it was his opinion that any fees, whether they be an increase in franchise fee or rental on the Town property, would be passed on to those residents subscribing to Centel Cable. Attorney Sliney reminded of the legislation which had been passed which deregulated the cable companies from any limitations on charges. The Town Manager will attempt to obtain a position from Centel Cable in writing on this matter, at which time he will again submit same to the Town Commission for consideration. 85.28 Discussion re negotiations with County Sanitation: The Town Attorney noted that the Town Manager and Mr. Gaudette of County Sanitation were still working on the provision of the "Oldsmar formula" to assess any increases in tipping fees. This matter will be scheduled and a newly revised Addendum presented for the September 3, 1985 Regular Meeting. REPORTS - TOWN COMMISSION • Mayor Edward J. Sullivan - Absent Vice Mayor Mary Louise G. Blosser - Vice Mayor Blosser commended the Highland Beach Police Department regarding a recent incident at Seagate of Highland. A letter (8/21/85) from Mrs. Doris Rome, Vice Chairman of the Planning Board was discussed, noting a lack of communication between the Town administration and the principals of Boca Highland, regarding their request for an extension of the pending RPUD. The Town Manager, as well as the Town Attorney, noted that this had been a matter which had "slipped through the crack" and noted that communication between the Town and any requests received would be responded to in a timely manner. This matter had been rescheduled for 9/11/85 regarding the Boca Hi RPUD. The Vice Mayor noted her opposition to the payment by the Town for education costs, specifically citing Water Treatment Plant employees, and requested that the Town Commission consider a policy statement on this matter. Commissioners Stewart and Basso both stated that further study should be had on this matter prior to any policy decision being made and, therefore, the Town Manager was directed to write a proposed policy, submitting same to the Financial Advisory Board for their review and recommendation. The Vice Mayor expressed her feeling that the matter of method of Town Commission Workshop Meeting August 27, 1985 Page 4 of 8 appointments to boards was still an unfinished item and should be re- addressed by the Town Commission. It was the Vice Mayor's recommenda- tion that this matter be scheduled for the September Workshop Meeting with a view toward establishing a written policy on this matter. Commissioner John J. Basso - Commissioner Basso requested a status report on the Delray Beach/High- land Beach Sewer Issue. It was noted that the City of Delray Beach had still not accepted the April report of Greeley & Hansen as final. The Town Attorney expressed his position that the Town had attempted in good faith to deliver the funds as required under the original Stipula- tion and therefore were in compliance with the pending Court Order on the issue. It was determined that Attorney Sliney will respond to a pending letter (8/7/85) of Delray Beach's attorney Barbara Hall which does not accept the April report as final, stating the Town's position. Also, it was the consensus of the Town Commission that Mayor Sullivan, upon his return, should write a letter to Mayor Campbell of Delray Beach noting the Town's frustration in trying to tender the funds in compli- ance with the Court's Order on this matter. Commissioner Basso felt the Town should institute a lawsuit which would require Delray Beach to accept the funds tendered by the Town. • Commissioner William A. Grier - Absent Commissioner Betty Jean .Stewart - Commissioner Stewart requested that a Sun Sentinel reporter who was present, try to arrange for the listing of the Town's meetings in the Sunday Section listing such events. Commissioner Stewart prompted the announcement that Bob Dobrodziej, a Water Treatment Plant employee had received his "A" Operator's License. REPORTS - TOWN ATTORNEY: Attorney Sliney noted that in regard to the proposed County Park acqui- sition, correspondence had been exchanged between the Town and County Administrator John Sansbury as to the Town's position. With regard to Royal Highlands, it was noted that the Planning Board and the applicants had met with no resolution of the matter. It was further noted that the Town had retained independent experts on this matter with the possibility of additional expert witnesses being brought in for the court hearing. Inasmuch as it is apparent that no resolution of this matter is forthcoming prior to the September deadline set by the court, an October hearing date before Judge 5holtz has already been requested by the Town's attorneys. In questioning • whether it would be biased to go before the same Judge who had heard the case in the past, Attorney Sliney noted that even though Judge Town Commission Workshop Meeting August 27, 1985 . Page 5 of 8 Sholtz was the Judge when the original Stipulation was signed in September of 1984!, the same court held jurisdiction no matter who the sitting Judge is, including Judge Sholtz. Regarding the Drexel matter, Attorney Sliney noted that suit had been filed opposing the Town's time frames as instituted approximately one year ago. The Town's attorneys have filed a Motion to Dismiss which has been denied and therefore an Answer to the pleadings, as well as Interogatories and depositions were being prepared. The Vice Mayor noted that the Town had gathered a substantial amount of information on this matter and directed the Building Official supply same to the Town Attorney. Attorney Sliney is preparing a proposed Resolution honoring former Town Commissioner Harry Bauer. Attorney Sliney is continuing research regarding the possibility of setting various building and review fees through Resolution for ease in amendment and will report further at the September Workshop Meeting. The Town Attorney expressed his position that the Town could adopt an ordinance requiring those places selling alcoholic beverages to provide • a lifeguard, however, advised against this as this would create problems of equal protection under the law inasmuch as no factual evidence was present substantiating that such action would correct a problem. Attorney Sliney indicating that his firm was continuing review of the newly adopted Growth Management Bill and would have a report forthcoming at an early date. Prompted by a question of Commissioner Stewart regarding a letter received involving the expiration of the Hoffman RPUD and a request to address the Town Commission, Attorney Sliney indicated that it was his recommendation that this matter be considered at the September Workshop at which time a full Commission will be present. The principals on the Hoffman project will be so advised. It was noted that this correspon- dence had been precipitated by the Town's adoption of a Resolution opposing any degradation of the mangrove areas. REPORTS - TOWN MANAGER: The Town Manager requested that the item on the agenda under his report addressing the auditor interviews be replaced by a report on the sale of the Town's 1976 Cougar. Under the Utilities Report, Mr. Williams noted that the re-paving of Bel Air Drive would be under way as soon as the weather permitted. • Town Commission Workshop Meeting August 27, 1985 Page 6 of 8 Mr. Williams further noted that there was a 1/2 inch water line under that road of asbestos which he felt might be fragile and necessitate replacement at a cost of approximately $14,000. Inasmuch as this project is underway, it was noted that there would be no time to formally bid this work. Mr. Williams will gather additional informa- tion on this matter for submission to the Town Commission. The necessity of replacing a motor in Lift Station #1 was discussed. Mr. Williams recommended an equal replacement motor at a cost of $5,900 inasmuch as this would be the least expensive way to proceed. Authori- zation for this expenditure will be included on the Consent Agenda of the September 3, 1985 Workshop Meeting. The entering into of a contract with Nathaniel Zemel and Dr. Edward Singley regarding the study of staff and operations at the Water Treat- ment Plant was discussed. Clarification was requested on those expenses which would be incurred in addition to the base contract price. Mr. Williams will try to gain clarification on this point. This matter will be included as an Item Left Over on the September 3, 1985 Regular Meeting Agenda. • It was noted that a monthly Utilities Report had been submitted to the Town Commission for 3uly, and that monthly reports would be forthcoming after the end of each month for the preceeding month. The Town Manager noted that no bids had been received for the sale of the Towns 1976 Cougar, although advertisements had been placed in the Monday Paper for three consecutive weeks, ads had been run on cable tv and posted on all doors at Town Hall. The 10 month budget report will be considered at the public hearing to be held on September 10, 1985 regarding the 1985/86 budget. The Town Manager noted the Florida League of Cities Meeting to be held in Hollywood, Florida on October 11, 12 and 13 and urged the Town Commission to note their interest in attending so that appropriate re- servations could be made. The Town Manager also noted that the Town Commission would have to appoint a voting delegate to this meeting and further requested that he be allowed to attend this meeting. The Town Commission requested additional information be submitted specifying the activities at this conference prior to any decisions being made. The Town Manager cited a memorandum written to the Town Commission recommending the Town's affiliation with Delray Beach for communication services in the wake of the breakup of CDC. It was noted that Delray Beach was supposed to take over several of the current CDC frequencies and continue to operate at 450 megahertz rather than the 800 megahertz which Boca Raton was going to under their new system. The rationale of Town Commission Workshop Meeting August 27, 1985 Page 7 of 8 going with a 4501 system rather than an 800 system was discussed. It was noted that although this course might save the Town money at this time, the future cost to convert to the 800 system later would be greatly in- creased. This matter will be scheduled for the September Workshop for further discussion prior to any decisions being made. It was further noted that Boca Raton was operating under a time limit in which it would be able to include the Town of Highland Beach in its bid package, which will also be discussed. The Town Manager stated that the Town had no written communication from either Delray Beach or Boca Raton regarding this matter and was directed to obtain same inasmuch as the governing bodies would have to be made aware of this situation and their positions needed to be known. The Town Manager advised that the Town now had nine Notary Publics, which he was going to reduce to three, being the Town Clerk, Finance Director, and the Police Chief. The Town Manager noted his intent to issue an administrative order that all communications from any employee to the governing body be trans- mitted through him, citing that two such situations had occurred .~ recently. The Town Manager stated that the penalty for non-compliance to this policy could entail termination of employment with the Town. Mr. Williams reported that a demonstration of the "Alpha Bars" software package would be held on September 4, 1985 at 10:00 a.m. and that the FAB, along with affected employees would also be invited to this demon- stration. Discussion then ensued regarding the status of the interlocal fire/ rescue committee. Mr. Williams noted that the committee had been meeting approximately once a month, as well as a sub-committee which was working on alternate methods of funding. It was noted that the sub-committee had been meeting with County Commissioner Karen Marcus who has expressed a sincere concern regarding the method of assessing service costs to municipalities. Discussion again turned to the sale of the 1976 Cougar. Mr. Williams recommended that he look into the trading of this car, as well as the police vehicle being replaced in the upcoming budget year. If proceed- ing in this matter turns out to be unacceptable, then the Town will approach used car dealers in an effort to dispose of this vehicle. There being no further business, the meeting was adjourned at 3:30 p.m. • Town Commission Workshop Meeting August 27, 1985 Page 8 of 8 APPROVED: (ABSENT) Edward J. Sullivan, Mayor Mari L9u~i~ ~, B'losser,Vice Mayor ~Jghn J,//S~sso, Commissioner / (/ ( ABSENT ) ~~ ~. William A. Grier, Commissioner Be y Jean Stewart, Commissioner TEST: • ,- CL K p DATE : ~~ - ~p~d