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1985.09.03_TC_Minutes_RegularS TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, September 3, 1985 1:301 P.M. A Regular Meeting of the Town Commission of the Town of Highland Beach was called to order by Mayor Edward J. Sullivan in the Town Commission Chambers at Town Hall. Also in attendance were Vice Mayor Mary Louise G. Blosser and Commissioners John J. Basso and Betty Jean Stewart. Town 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 members of the general pub- lic. Roll call was taken and the Pledge of Allegiance to the Flag was given. Approval of Minutes: July 24, 1985 - Special Meeting re Monterey House July 24, 1985 - Workshop Meeting re Budget July 301, 1985 - Special Meeting re Seagate July 30, 1985 - Workshop Meeting August 1, • Au ust 6 1985 - 1985 Workshop Meeting re Budget R l M ti g , - egu ar ee ng Upon MOTION of COMMISSIONER STEWART/COMMISSIONER BASSO the Minutes were unanimously approved as published. Presentations: The Presentation of framed Resolutions were made to former Mayor Louis Y. Horton and former Commissioner William E. Paul for their past ser- vice to the Town. Mr. Horton noted an error in the dates of service on his Resolution which will be corrected. Public Comments and Requests: Mr. Michael 'Dent expressed his concern regarding the operation of the Water Treatment Plant including his opposition to the Town's considera- tion of retaining an outside study be made of the plant at a cost of approximately $9,0P10.0Q1 Reports - Town Commission: Mayor Edward J. Sullivan - Mayor Sullivan gave a status sition by the County, noting • Commissioner Dorothy Wilkin acquisition. Mayor Sullivan report on the proposed public park acqui- receipt of a letter from County indicating her support of the "Jap Rock" also noted the letters written both to the Town Commission Regular Meeting September 3, 1985 Page 2 of 10 newspapers and to the Town personally from Villa Magna supporting the Town Commission in the fight against the proposed purchases. The Mayor reported that a South County Council of Governments Meeting was being held tomorrow at which meeting he was on the agenda to ask for assistance from the COG regarding the method of assessment for fire/rescue services. An August 29, 1985 letter from Barbara Hall, Assistant City Attorney for Delray Beach re the sewer issue was cited. It was noted that this letter had been addressed to Greeley & Hansen in Chicago in an effort to "end run" the Tampa Office of Greeley & Hansen seeking relief from the April final report. Mayor Sullivan will write to Mayor Campbell of Delray Beach asking that they meet to discuss whatever problems there are with regard to the settlement of this matter. Vice Mayor Mary Louise G. Blosser Vice Mayor Blosser reported that sample audits had been received from the firm of Presus and Haas and were available for inspection in Town Hall. The Vice Mayor then cited a letter from Boca Raton regarding the possi- ble affiliation of the Town with their communications dispatching system, noting that a time element existed in that they were requesting the entering into of an Interlocal Agreement prior to September 24, 1985. The Town Manager suggested that should the Town desire to enter into any agreement, that the fees involved not be addressed, but only that the Town of Highland Beach wants to affiliate for purpose of communications. MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER BASSO to proceed to affiliate with Boca Raton for communications service. Under discussion, Commissioner Stewart cited the figures quoted in an August 26, 1985 memorandum from the Town Manager regarding the possible affiliation with Boca Raton and further noted her concern as to the Town's committing itself to these funds at this time. The Vice Mayor and Town Manager both noted that the transition would not occur for at least a year and any possible expenditure of funds should not be seen until the last quarter of the 1985/86 fiscal year. The Vice Mayor also noted her concern regarding the fact that no frequen- cies had yet been approved by the FCC for Delray Beach. The matter of 800 mgz vs. 450 mgz was discussed with a general feeling on the part of the Town Commission that 800 mgz was the way to go. Chief Cecere recommended that the Town presently go with Delray Beach in order to save money, however, felt that if the Town could expend the funds, they should go with Boca Raton and the 800 mgz system. The vote on the MOTION was taken and carried unanimously. MOTION was then made by VICE • MAYOR BLOSSER/COMMISSIONER BASSO to authorize the Town Attorney to work ,out an appropriate Interlocal Agreement with Boca Raton to advise of • Town Commission Regular Meeting September 3, 1985 Page 3 of 1~ the Town's desire to affiliate with their communications system. This MOTION also carried unanimously. Commissioner John J. Basso - Discussion again ensued regarding the Delray Beach/Highland Beach Sewer Issue and the letter from Barbara Hall, Assistant City Attorney for Delray Beach, to Greeley & Hansen in Chicago was cited. The Town Attorney noted that he had already responded by letter and by a personal telephone call to Mr. Edwards of Greeley & Hansen in Chicago, advising him of the status of the matter and advised that he would be joined in litigation should the matter be further pursued. Commissioner Stewart noted that at the August Workshop Meeting it was determined that Mayor Sullivan write to Mayor Campbell and now there was discussion of a personal meeting. The Town Attorney stated that he felt that an actual meeting should be arranged to discuss the matter and to ensure all of the information provided to the Delray Beach staff was in fact being transmitted to the elected officials. There was a consensus among the Town Commission that the Town Attorney be invited to attend this meeting with the Mayor. Commissioner Basso again stated • that the Town should institute a lawsuit requiring Delray Beach to accept the Town's funds, in compliance with the Court's Order. Commissioner William A. Grier - Absent Commissioner Betty Jean Stewart - Commissioner Stewart questioned whether the Town had received a letter from the South Florida Water Management District noting that the recently installed monitoring well had met with the requirements out- lined by them. The Town Manager noted that the Town's engineers (Camp Dresser & McKee) had received a letter, a copy of which would be requested and placed in the Town's files. It was noted that this project had been partially paid for with a balance still outstanding. Commissioner Stewart also noted that in 1979, the SFWMD Permit issued to the Town called for the initiation of a specified program of salt water intrusion monitoring with the SFWMD being advised of same. The Town Manager will check to see if this requirement has been complied with. Responding to Commissioners Stewart's inquiry regarding the damaged Intracoastal water lines, the Town Manager reported that Harvel and Deland were in the process of hooking up a pipe to determine the location of the leak at which time the Town will be able to consider the options with regard to possible repair. The timing of the submission of monthly utility reports was then discussed, with it being the consensus that same be submitted after the end of each month. Commissioner Stewart asked if Jack Lee should be present at the meetings to answer any questions raised. Commissioner Torn Commission Regular Meeting September 3, 1985 Page 3 of 10 the Town's desire to affiliate with their communications system. This MOTION also carried unanimously. Commissioner John J. Basso - Discussion again ensued regarding the Delray Beach/Highland Beach Sewer Issue and the letter from Barbara Hall, Assistant City Attorney for Delray Beach, to Greeley & Hansen in Chicago was cited. The Town Attorney noted that he had already responded by letter and by a personal telephone call to Mr. Edwards of Greeley & Hansen in Chicago, advising him of the status of the matter and advised that he would be joined in litigation should the matter be further pursued. Commissioner Stewart noted that at the August Workshop Meeting it was determined that Mayor Sullivan write to Mayor Campbell and now there a di cussion of ~ ~erspnal meeting The Ton AttQrne~ stated that he ~e~t tat an actua eeting should be arrange to discu s the matter and to ensure all of the information provided to the Delray Beach staff was in fact being transmitted to the elected officials. There was a consensus among the Town Commission that the Town Attorney be invited to attend this meeting with the Mayor. Commissioner Basso again stated that the Town should institute a lawsuit requiring Delray Beach to accept the Town's funds, in compliance with the Court's Order. • Commissioner William A. Grier - Absent Commissioner Betty Jean Stewart - Commissioner Stewart questioned whether the Town had received a letter from the South Florida Water Management District noting that the recently installed monitoring well had met with the requirements out- lined by them. The Town Manager noted that the Town's engineers (Camp Dresser & McKee) had received a letter, a copy of which would be requested and placed in the Town's files. It was noted that this project had been partially paid for with a balance still outstanding. Commissioner Stewart also noted that in 1979, the SFWMD Permit issued to the Town called for the initiation of a specified program of salt water intrusion monitoring with the SFWMD being advised of same. The Town Manager will check to see if this requirement has been complied with. Responding to Commissioners Stewart's inquiry regarding the damaged Intracoastal water lines, the Town Manager reported that Harvel and Deland were in the process of hooking up a pipe to determine the location of the leak at which time the Town will be able to consider the options with regard to possible repair. The timing of the submission of monthly utility reports was then discussed, with it being the consensus that same be submitted after the • end of each month. Commissioner Stewart asked if Jack Lee should be present at the meetings to answer any questions raised. Commissioner Town Commission Regular Meeting September 3, 1985 Page 4 of 10 Basso expressed the opinion that the monthly report should. be received, and if any questions arose, then Mr. Lee be instructed to attend the meeting. Commissioner Stewart cited page 2 of the monthly Utilities report and the replacement of the motor in Lift Station #1. Commissioner Stewart then cited a 1980 memorandum from the former Town Manager which stated the possible existence of a spare pump. The Town Manager will check to see whether the Town in fact has a spare pump. Commissioner Stewart reported that Boca Raton had won a DER award for the best operating water treatment plant in the state and that Delray Beach had won for the most improved wastewater system. It was further noted that Highland Beach had lost points during the past year's competition due to the lack of storage facilities and for the lack of edging around the landscaping at the plant. Commissioner Stewart noted that this brought attention to the need for storage facilities for the Town's landscaping equipment. The Town Manager will have a report for the September Workshop Meeting as to the options available to provide a storage facility for the equipment. Commissioner Stewart asked the Town Manager to check for any inconsis- . tencies in a bill received from Fire Service Engineers in the amount of $315.60. Commissioner Stewart cited receipt of the 10 month enterprise budget statements, questioning possible receipts for the remainder of the fiscal year. Commissioner Stewart reported on a Beaches and Shores Council Meeting held on August 12, 1985, wherein a book put out by the Army Corps of Engineers regarding Beach Erosion and Planned Projects in Palm Beach County was the main topic. Further reported was the fact that the State had adopted a new Coastal Control Plan. The Corp's General Design Memorandum and Beach Restoration, a State Ten-Year Plan, with regard to its impact on beaches will be the topic of discussion at an all day conference on September 9, 1985. Commissioner Stewart will attend with the Town paying all expenses in- curred. The South Florida Beach Preservation Association will conduct a confer- ence on September 25 - 27, 1985 re plans by the state to restore beaches. Commissioner Stewart will be out of town, but recommended that another Commissioner attend. Commissioner Stewart has a copy of the new state initiative re what the state is planning to do with regard to beachfront construction require- ments. Town Commission Regular Meeting September 3, 1985 Page 5 of 10 It was noted that at the September Workshop Meeting, the appointment of an Alternate Member to the Palm Beach Countywide Beaches and Shores Council will be considered. Reports - Town Attorney: Attorney Sliney reported that as of January 1987, the deregulation by municipalities of cable television companies would be in effect. The temporary storage of sand on the west side of AlA was discussed by the Town Attorney. Mr. Sliney stated that it was his opinion that sand could be temporarily stored on the west side of AlA, on Town property, as long as it was ultimately placed on the east side of AlA. The specific instance was sand being transferred from Highlands Place to Royal Highlands. The Vice Mayor cited Town Code Section 7-20(b). The Town Attorney felt that this was in violation of Section 7-20 (b) and required a permit. The Town Manager will write a letter to Royal Highlands advising of the Town's position. Commissioner Stewart noted that part of the problem in placing the sand on the east side involved the possible disturbance of the turtle nests. It was also noted by Commissioner Stewart that the Town's jurisdiction would stop beyond the State Coastal Construction Control Line wherein a permit could be given by the DNR. • Attorney Sliney reported that the Planning Board will meet on Septem- ber 11, 1985 regarding the Boca Highland matter and that all parties involved had been contacted. Reports - Town Manager: The Town Manager noted that the time change for the hours of 8:00 a.m. until 4:00 p.m. at Town Hall which had been tried on a temporary basis should now be re-evaluated. It was the general consensus that 4:00 p.m. was to early to close Town Hall. Mr. Williams indicated that he favored 8:00 a.m. until 5:00 p.m., however, this would mean a 40 hour work week in lieu of the present 35 hour work week. The Financial Advisory Board will be asked to review this matter. The 8:00 a.m. until 4:00 p.m. hours were extended an additional month pending further recommendation. The Bel Air Drive re-paving project will get underway as soon as weather permits. Bahram Amady, water treatment plant employee, resigned. Jack Lee, Acting Director of the water treatment plant, received his "A" license. Commissioner Stewart asked if anything had been done regarding a salary adjustment for those employees holding an "A" license. The Town Manager will bring this matter to the attention of the Financial • Town Commission Regular Meeting • September 3, 1985 Page 6 of 10 Advisory Board for their recommendation. Mr. Williams reported that a party interested in purchasing the 1976 Mercury Cougar had telephoned Town Hall and offered the sum of $405.00 for the purchase of the automobile. It was the consensus that the car be disposed of and the Town Manager was authorized to sell the vehicle for no less than $405.00. The Town Attorney concurred that this was an appropriate action to take on the matter. The Town Manager noted a Fair Labor Standards Act provision regarding the payment of volunteers for possible impact on ..the Town Boards. The. Town Attorney felt that since the Town's Boards were given honorariums in lieu of salaries, this would have no effect on Highland Beach. Re orts - Boards and Committees.: a) Board of Adjustment - Will meet 10/3/85 at 1:30 p.m. It was the consensus of the Town Commission that the subject matter of the meetings should be posted on all notices. Also, the Town Manager will devise a method by which the Town Commission can be aware of all meetings on a weekly basis. b) Code Enforcement Board - Will meet 9/18/85 at 9:30 a.m. c) Community Appearance Board - Will meet 9/26/85 at 9:30 a.m. 1 Regular Member Vacancy - MOTION was made by COMMISSIONER STEWARTfCOMMISSIONER BASSO that the recommendation of the CAB be accepted and that Helene Harris be appointed a Regular Member for a term of three years. This MOTION carried unanimously. MOTION was then made by COMMISSIONER BASSO/COMMISSIONER STEWART that the recommendation of the CAB be accepted and that Martha Dempsey be appointed to the Alternate Vacancy occurring from the appointment of Mrs. Harris for a term of one year. Under discussion, Vice Mayor Blosser questioned whether the CAB had considered the other pending applicants. The Town Clerk advised that the CAB had in fact been advised of all applicants. Vice Mayor Blosser noted that she felt the procedure of appointment was vague, however, the vote on the MOTION to appoint Mrs. Dempsey was taken and carried unanimously. d) Financial Advisory Board - Mr. Reese James was present and noted the submission of an FAB proposed schedule for the upcoming year. • Town Commission Regular Meeting September 3, 1985 Page 7 of 10 e) Library Board - It was noted by Commissioner Stewart that Mrs. Mantell, newly elected President of the Library Board, might not be aware that the Board was invited to make a report at the Town Commission Meetings. Mr. Williams will make sure that Mrs. Mantell is advised of this. f) Planning Board/Local Planning Agency - Will meet 9/11/85 at 9:30 a .m. 1 Regular Member Vacancy • MOTION was made by COMMISSIONER STEWARTfCOMMISSIONER BASSO to appoint Amelie Leng to the Regular Member vacancy for a term of three years concurring with the recommendation of the Planning Board. Under discussion, Vice Mayor Blosser asked if the members of the Planning Board had been given an opportunity to look over the other pending applications. Doris Rome, Vice-Chairman of the Planning Board was present and did not respond to the question, however, she noted that it was the feeling of the Planning Board that Amelie Leng should be a Regular Member due to her past experience and knowledge of the pending projects. Mrs. Rome further noted that this appointment would still leave an alternate vacancy for any new member interested in th Board and that a recommendation regarding this alternate vacancy would be forthcoming from the Planning Board at an early date. The vote was then taken on the MOTION to appoint Mrs. Leng. Vice Mayor Blosser voted N0. The Mayor, Commissioner Stewart and Commissioner Basso voted AYE and the MOTION carried. g) Police Advisory Board - Will meet 9/9/85 at 10:4!0 a.m. 1 Regular Member Vacancy MOTION was made by COMMISSIONER STEWART/VICE MAYOR BLOSSER to concur in the recommendation of the PAB to elevate John Sudbay from an Alternate Member to a Regular Member for a term of three years. This MOTION carried unanimously. The Police Advisory Board will be advised of the Alternate Member vacancy and asked if they have any recommendation. The discussion again ensued regarding the method of appointment which was verbally set out by the Mayor as follows: "The policy as now adopted is, when anybody wants to serve on a Commission, they must fill in this application, so as to speak, and then come down for an interview. At that time, the Chair- man speaking or acting for the Board could and should, interview, and talk to the various candidates and the Chairman and/or the group should at that time make a recommendation to the Town Commission. The Town Commission is not obligated to accept the • Town Commission Regular Meeting September 3, 1985 Page 8 of 10 recommendation, but that's the procedure, therefore, we do not have people not known to anyone on the various Boards." ~~ This policy will be set out in a form for discussion at the September Workshop Meeting. Propose~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". Clarificatin was inserted to include debris of branches and also the term and/or be used in referring to land "and/or" riparian rights. MOTION was made by COMMISSIONER BASSO/VICE MAYOR BLOSSER to adopt the proposed Ordinance as amended, which MOTION carried unanimously. Regular Business: Consent Agenda - Authorization for the expenditure of $5,900 for replacement • of motor in Lift Station #1: After it was noted that the replacement motor carried a five year limited warranty, MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER BASSO to approve the Consent Agenda. The MOTION carried unanimously. Items Left Over - 1) Proposed retention of Mr. Nathaniel Zemel and Dr. Singley re study of Water Treatment Plant: Substantial discussion ensued regarding the items which were included in the price quoted for the contract. It was stressed that the consultants be given the Town's resources for research documentation. Further, Commissioner Stewart offered the use of the recent questionaires filled out by WTP employees to the proposed consultants. Although the contract as submitted did not include the consultants' specific recommendations on any improvements they might deem necessary, it was the consensus of the Town Commission that this should be a vital part of the study. The Town Manager noted that this item had not been mentioned at the preliminary meeting with Mr. Zemel and Dr. Singley, but the information could be obtained. The Town Manager and Mayor Sullivan will attempt to meet with Mr. Zemel and Dr. Singley to obtain this additional information prior to any action being taken. This matter will be addressed as soon as the requested information is Town Commission Regular Meeting September 3, 1985 Page 9 of 10 obtained. 2) Addendum to County Sanitation Contract: Mr. Williams noted that he and Mr. Gaudette of County Sanitation will be meeting this week to work out the language regarding the formula to be used for increases in tipping fees. This should be ready for possible action by September 24, 1985. Discussion took place .regarding the upcoming Florida League of Cities Conference to be held in Hollywood, Florida on October 8, 9 and 10. It was the consensus of the Town Commission that the Manager be authorized to attend, however, the Town Commission will await further information regarding the proposed agenda topics prior to making any reservations for themselves. Mayor Sullivan again noted the interest of Mr. Tony Allerton in getting some assistance with a Community Chest Drive in Highland Beach. The bills submitted for approval were as follows: CDM (Bel Air Drive) $ 1,350.08 CDM (Chloride Monitor Well) 5,050.00 F.H. Foster Oil Corp. 1,842.23 Harvel & Deland 625.30 Kelly Tractor Co.(WTP) 1,401.23 Bill Wallace Ford 586.80 City of Boca Raton (CDC) 7,537.50 Total ........................... $18,393.06 MOTION was made by COMMISSIONER BASSO/VICE MAYOR BLOSSER to approve the Bills as submitted. The MOTION carried unanimously. There being no further business to come before the Town Commission at this time, and upon proper MOTION and Second, the meeting was adjourned at 4:20 p.m. Town Commission Regular Meeting September 3, 1985 Page 10 of 1Q! _..~ APPROVED: ward J . Sul~l~f van, Mayor f' K~~taPw~~e. ~. ~d~.ye..- Mar~,.1Louise ~ Blosser,Vice Mayor / h~ J ~sso, c:ommissione /f/ (ABSENT) f ~~ ~l ~j William A. Grier; Comini"s~ioner Bet Jean Stewart, Commissioner ATTEST: ,. DATE:CL /Z,~j--~