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1985.11.26_TC_Minutes_WorkshopTOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, November 26, 1985 1:3PJ P.M. A Workshop Meeting'`of the Town Commission was called to order by Mayor Edward J. Sullivan in the Town Commission Chambers. Others 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 in attendance were Town Attorney Thomas E. Sliney; Town Manager Hugh D. Williams; Town Clerk Mary Ann Mariano and members of the general public. Prior to receiving Public Comments and Requests, Mr. Michael Johns, Partner in the firm of Coopers and Lybrand, the Town's Auditors, submitted the draft audit to the Town Commission, summarizing the contents thereof, including recommendations and qualified opinions as to the Town's pending litigation i.e. Sewer Issue, etc. regarding the Town's financial position. This draft audit will be discussed at a Special Meeting on December 18, 1985. 85.1 Public Comments and Requests: • Mr. Abraham Futernick addressed the Town Commission and urged their consideration of the implementation of an "impact fee" with regard to future development. Mr. Futernick noted that these impact fees could be used for beautification, Greening of AlA, the library, and the area behind Town Hall. 85.2 Boards and Committees: A Regular Member vacancy on the Planning Board was noted due to the expiration of the term of Chairman Saunders in December. It was also noted that the Planning Board had recommended the re-appointment of Mr. Saunders. An Alternate Member vacancy on the Police Advisory Board was noted. Mr. Charles Bucario, Talent Bank Applicant for this position was interviewed. 85.3 Proposed Ordinances and Resolutions: None Town Commission Workshop Meeting November 26, 1985 Page 2 of 7 85.31 Discussion re Southern Bell overhead cables through Town Mr. Dick Benedict and Mr. Bob Durham, District Engineer, representing Southern Bell were present and addressed the Town Commission regard- ing the provision of underground cable throughout Town. The Town Commission requested information regarding cost and time involved. Mr. Durham noted that it would take a substantial amount of time to provide the underground cable throughout Town and that the cost would be fairly expensive due to cutting in of rights-of-way, driveways, shrubs, lawns, sprinkler systems, etc. Mr. Durham gave a ballpark figure of $125,000 noting that the cost could be more. It was also noted that the Town would have to deal with FPL and the cable television company individually to arrange for those lines to be run underground, and that historically, the cost to run the power lines had been more than the telephone line cost. Mr. Williams will contact the power and cable companies to obtain further information which will be submitted to the Town Commission at the December 30, 1985 Workshop Meeting. The Financial Advisory Board will also be solicited. for their opinion due to the cost factors involved. • 85.32 Discussion re provision of services by Palm Beach County Fire/Rescue Department Although Chief Frye had been scheduled to appear before the Town Commission, the Town Manager noted that he would not be available to address the Town Commission until the January 7, 1986 Regular Meeting regarding the matter of fire trucks answering calls outside the Town limits. It was also noted that no written response had been received from the Palm Beach County Fire/Rescue Department regarding this matter and that the Town Manager should follow up on this. Commissioner Stewart expressed her concern that the Town had not been reviewing the provision of services with a view toward next year. This matter will be discussed at the December Workshop Meeting as well as scheduling Chief Frye for the January Regular Meeting. Also, Mayor Sullivan requested the Town Manager to obtain information regarding problems with the County Fire Marshall certifying police officers as firefighters in the event a Public Safety Department is considered. The Town Manager noted that he was going to a fire study meeting at an early date and would ask about this. Further, Mr. Williams noted that he would be attending a Manager's luncheon at which meeting he would discuss the matter with Managers of Towns who had Public Safety Departments. Commissioner Stewart expressed her concern also regarding what was being done about the method by which people were being taxed for fire service. Mr. Williams and Mayor Sullivan noted that this was being studied by the Municipal League and that the sub-committee would be submitting their report at the December 12, 1985 Municipal League Meeting. Town Commission Workshop Meeting November 26, 1985 Page 3 of 7 i• 85.33 Discussion re possible study of Water Treatment Plant operations The proposed contract submitted by Nathaniel Zemel was discussed. Mr. Williams noted that the time frame for the contract had expired. He further stated that the reasons for which the study had initially been requested had been served. Vice Mayor Blosser questioned the follow up on Commissioner Grier's request for information on the acquifier. Mr. Williams noted that the results from the studies being performed by Camp Dresser & McKee (the Town's engineers) would be submitted prior to the December 30, 1985 Workshop Meeting and would answer this question. Commissioner Stewart questioned whether the Town had received a report from underwater divers on the damaged Intracoastal line. Mr. Jack Lee of the Water Treatment Plant noted that he was having trouble reaching the divers and was awaiting a telephone call from them. Commissioner Stewart requested that a date and an alternate date be provided within a week for this work. Substantial discussion then took place regarding testing standards and reports which should be provided to the Town. Commissioner Stewart cited published DER standards requesting information as to whether the Town had been testing such things as inorganics, organics, volatile organics, synthetic organic contaminants and radionoclides in compliance with these, also citing an article as distributed by Commissioner Grier as well as recent Wall Street Journal items. Commissioner Stewart also noted that due to the recent evaluation by the DER she felt that the Zemel proposal was no longer justified and therefore could not support it. Jack Lee stated that a full set of testing the water samples would cost $340.00. Mr. Lee further stated that he had not yet found the records as to the past testing that Commissioner Stewart had been referring to, however, he was still searching the Water Treatment Plant files. Commissioner Stewart stated that the Town could provide in administrative charges, the cost of testing water samples. It was the general consensus that both the finished water and the raw water should be tested. Inasmuch as it was the consensus of the Town Commission not to persue the Zemel contract, the Town Manager was directed to write a letter to Mr. Zemel expressing the Town's position. Dr. Weiss then addressed the Town Commission citing a publication available for $7.00 entitled "Drinking Water and Human Health", which deals with carcinogens and infiltration of human and animal waste. Dr. Weiss specifically noted the possible existence of "radon" in the water. Commissioner Stewart noted that in the publication she has in her possession "radon" testing should have been taking place since • 1979. The entire testing procedure will be discussed at the December • Town Commission Workshop Meeting November 26, 1985 • Page 4 of 7 • Workshop Meeting. Further, Mr. Williams stated that a clipboard would be provided in Town Hall upon which would be placed all water testing information for the Town Commission's review, and felt sure that all the testing mentioned had been done and that the documenta- tion would be found in the Town's records at an early date. Commissioner Stewart noted that the Town had gone through nine months of concern regarding the safety, testing, taste, plant operations and staffing of the water treatment plant. Inasmuch as the Town Commission feels comfortable with the operations and staffing, the testing procedures and quality should now be addressed. Commissioner Stewart again noted that upon receipt of the report of CDM, the Town would be able to more fully consider this matter. REPORTS - TOWN COMMISSION: Mayor Edward J. Sullivan - Mayor Sullivan reported on the recent Council of Governments meeting at which the topic was property values and taxes as well as a recent Mayor's Meeting at which Senator Chiles addressed his concern regard- ing the lack of future water resources due to overbuilding. Vice Mayor Mary Louise G. Blosser - Vice Mayor Blosser recommended that the Financial Advisory Board receive copies of The Municipal Record, the publication distributed by the Florida Municipal League. Vice Mayor Blosser also distributed a recommended revision to the recently implemented boards appointment policy. Commissioner John J. Basso - Commissioner Basso cited a Sun Sentinel article dated 11/25/85 regarding permit fees in Delray Beach, asking if the fees instituted by Highland Beach were comparable. Commissioner Stewart noted that any adjustment might be able to be made along the lines of impact fees. The Building Official will review the article and submit his recommendations at an early date. The Town Manager noted that the Town would have to determine actual costs prior to the implementation of any impact fees. Mr. Williams was directed to study this issue and report back to the Town Commission. Commissioner Stewart cited the fees collected by Boca Raton which were earmarked toward beautifica- tion projects. It was then noted by Commissioner Stewart that a large front end loader had been parked on the bike path. This fact coupled with the • Town Commission Workshop Meeting November 26, 1985 'Page 5 of 7 parking of vehicles on the rights-of-way during development of projects. With the concurence of the Town Attorney, the Town Manager will direct the Building Department to advise all construction permitees that any damage to the rights-of-way will have to be re- stored prior to the issuance of any C/O, which regulation will be stamped on all appropriate permits. Commissioner William A. Grier - Absent Commissioner Bettv Jean Stewart - i• Commissioner Stewart reported that a seawall was in the process of being constructed on Lots 49, 50 and 52 which had not received appro- val from the Town Commission. It was noted by Commissioner Stewart that on December 18, 1984, the Town Commission expressed no objection for the purpose of obtaining the DNR permits, however, final approval had not been given to the seawall. The Building Official will be re- quested to submit a report on this matter at the December 3, 1985 Regular Meeting. Commissioner Stewart's concern regarded the fact that the potential existed for the exposure of a rusty wall. REPORTS - TOWN ATTORNEY: The Town Attorney reported on the status of the drafting of the pro- posed Settlement Agreement with regard to Teron International and the Royal Highlands project. The Vice Mayor noted that the project might well involve three building permits, due to the center structure, as well as the two towers. This proposed Settlement Agreement will be the topic of a Workshop Meeting scheduled for December 18, 1985 at 10:00 a.m. Attorney Sliney noted that the Resolution requested honoring former Town Commission Harry Bauer had been submitted. The Town Attorney reported on the Court Order in favor of the Town regarding the Boca Highland lawsuit and further that a "Petition to Tax Cost" had been filed to recoup the legal fees paid by the Town from Boca Highland, Inc. With regard to the pending request for an extension of time on the RPUD, and Mr. Delaney's request to delay discussion until December 30, the Town Commission agreed that this matter would be heard at the Regular December 3, 1985 Meeting as scheduled. This matter will be scheduled for 2: 0P! p.m. for the con- venience of Mr. Delaney, who will be advised of same by letter from the Town Attorney. Attorney Sliney noted that with regard to the ITCO (Beach Walk West) lawsuits, another lawsuit had been filed under a 1983 action (Civil Rights lawsuit). Attorney Roberts, representing the Town's insurance carrier, has filed a Motion to Dismiss. • Town Commission Workshop Meeting November 26, 1985 Page 6 of 7 • Attorney Sliney then reported on a meeting held earlier this day with Town Manager Williams, and several representatives of Delray Beach, including City Attorney Herbert Thiele, Assistant City Attorney Hall and the Delray Beach Finance Director, David Huddleson regarding the Sewer Issue. The Town Attorney noted that Delray Beach's current position on this matter is to attack the credibility of the engineer, Mr. Dynslager, and re-enter litigation in the matter. Mr. Sliney stated that he had not had sufficient time to review the matter as the meeting had just taken place, however, there was a possibility that it was time to file a petition to the Court to enforce the Court Order earlier handed down. The Town Attorney was directed by the Town Commission to go forward on this matter in whatever manner he felt necessary. It was noted at this time, that with regard to the Bauer Resolution, this would be scheduled for the December 3, 1985 Regular Meeting. REPORTS - TOWN MANAGER: Mr. Williams noted that with regard to the Highland Beach/Delray Beach sewer matter, that it might be time for the Town of Highland Beach to investigate alternative methods of solid waste disposal. He was directed to investigate the possibility of running a Town-owned line to the treatment plant, as well as the possibility of joining with Boca Raton for services. It was noted that the draft audit had been submitted earlier in the meeting. A memorandum from the Town Manager regarding a Municipal Loan Program being proposed by the Florida League of Cities was then discussed with Mr. Williams noting that this was just a proposal and in no way represented any commitment on the part of the Town. Capital projects were discussed i.e. Boynton Beach's study on a "reverse ossmosis" system of water supply and the provision of a "reverse affluent line" as considerations under such a Municipal Loan Program. Inasmuch as this submission did not commit the Town at this point, the Town Manager was directed to forward the proposal to the Municipal League. Commissioner Stewart noted that with the prospect of re-financing the Town's existing loans, that this matter be studied now instead of later, while interest rates were coming down. Attorney Sliney noted that with regard to the Boca Hi RPUD issue coming up December 3, 1985, that several opinion letters which had been written on the subject were being re-distributed to the Town Commission for their review. Mr. Williams reported on a recent Municipal League Meeting wherein it was voted on to allow non-voting associate memberships, such as -~ ~ Town Commission Workshop Meeting November 26, 1985 Page 7 of 7 engineers, etc. Also brought up at this meeting was the fact that th County Commission is considering transferring authority to the solid waste authority, which would mean that the fees for dumping would be placed directly into the tax bills rather than being paid for by the private carriers, i.e. County Sanitation. The Town Manager will follow up on this and keep the Town Commission advised. Mr. Williams reported that all Highland Beach Police Officers had completed a CPR course. The Town Manager reported that the paving of Bel Air Drive was 990 complete, with the replacing of some mailboxes, sprinklers, sod and bushes remaining. With regard to the computerization of the Finance Department, Mr. Williams noted that he would like to be on line for payroll by January 1, 1986. There was a general consensus that IBM would be the hardware best suited for the Town needs. Responding to the Vice Mayor's request regarding review by the Town Auditors, the Town Mana- ger noted that there was no opposition expressed to the programs re- commended. Mayor Sullivan noted that a vote could be taken on this matter at the December 3, 1986 Regular Meeting, at which time Mr. • Williams should have further information regarding the funding mechanisms available for payment i.e. one year loan vs. two year loan, etc. There being no further business, the meeting was adjou ed t 4:45 p.m. APPROVED: "'' Edward J. Ivan, Mayor ar.~ L Ise G.~, losser,Vice Mayor J n J,~/~asso, Commissioner vQ y~ William A. Grier, Commissioner Bet Jean Stewart, Commissioner ATTEST: ~/~'~ - TOWN CL K DATE: _ ~.. ,j~-- O Cs•