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1987.10.27_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, October 27, 1987 1:30 P.M. The Workshop Meeting of the Town Commission was called to order by Commissioner John J. Basso in the Town Commission Chambers at Town Hall at 1:30 P.M. Also present were Town Commissioners David T. Robinson and Robert F. Scholz. Absent from this Workshop Meeting were Mayor Betty Jean Stewart and Vice Mayor Mary Louise G. Blosser. Also present were Town Attorney Thomas E. Sliney, Town Manager Hugh D. Williams, Town Clerk Mary Ann Mariano and members of the genera l public. 87.1 None 87.2 Public Comments and Requests: Boards and Committees: The following vacancies were notes: Board of Adjustment - 1 Regular Member (Term of Gil Lorenz expires 11/87 - eligible for re-appointment) 1 Alternate Member Community Appearance Board -- 1 Alternate Member (Alternate Member H. C. Arnold has missed 4 consecutive meetings. Missing 3 consecutive meetings results in automatic resignation.) Police Advisory Board -- 1 Alternate Member There were no Talent Bank Applicants to be interviewed. 87.3 Proposed Ordinances and Resolutions: 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR UTILITY RATES, FEES AND/OR CHARGES SPECIFICALLY AMENDING HIGHLAND BEACH CODE SECTION 11-13 OF CHAPTER 11 RELATING TO GARBAGE AND TRASH CHARGES (1st Reading 8/4/87; Published 8/14/87) Mr. Williams noted several changes which had been made. This original ordinance had been drawn on the assumption that tipping fees would be raised higher than they actually were and further upon the fact that labor costs did not increase as much as anticipated. The Town, however, did have to take into account the new taxing requirement. This revised ordinance will be placed on the November Regular Meeting Agenda for final reading and proposed adoption. Town Commission Workshop Meeting October 27, 1987 Page 2 of 6 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 28-1/2, TREES, SHRUBS AND VEGETATION, OF THE CODE OF ORDINANCES, BY PROVIDING FOR XERISCAPE (WATER CONSERVATION CODE; PROVIDING FOR ENFORCEMENT; AND PROVIDING AN EFFECTIVE DATE (1st Reading 9/1/87; Published) The Community Appearance Board recommendations were reviewed and ac- cepted. Section 11 prohibiting the use of mechanical equipment within plant communities will be revised by the Town Manager to allow small lawn mowers, weed eaters, etc. This revised section will be made available to the Town Commission prior to the November Regular Meeting, at which time this ordinance is scheduled for final reading and possible adoption. Commissioner Basso changed the order of business to take the Town Commission Reports at this time. REPORTS -- TOWN COMMISSION: Mayor Betty Jean Stewart - Absent Vice Mayor Mary Louise G. Blosser - Absent Commissioner John J. Basso - No report Commissioner David T. Robinson - No report Commissioner Robert F. Scholz Commissioner Scholz noted an August 21, 1987 letter sent to the Town Manager from the Town Attorney regarding newspaper racks. Commissioner Scholz is concerned with the appearance of the racks on both the North and South ends of Town. Commissioner Scholz recommended that the Town take action to fence the racks for aesthetic reasons and turn them the opposite way from the road and direct the automobile traffic to the other side of the racks. Mr. Williams estimated that the cost to fence both racks would be approximately $150. Commissioner Scholz feels that the Town should bear the cost and then if some of the money could be recouped from the newspapers that would be good. It was noted that the Town does have a newspaper rack ordinance on the books, however, it was not certain that this ordinance addresses the aesthetic nature of the racks. Attorney Sliney felt that the Town's ordinance only addressed location and fees. Commissioner Basso felt that a full Commission should be available to consider this issue. Commissioner Robinson felt that he would like to see something done on a voluntary basis as it is now done in Boca Raton. Attorney Sliney stated he felt Commissioner Scholz' idea had merit and did not feel that the newspapers would in any way be prejudiced by the erection of a barricade for aesthetic reasons. • Town Commission Workshop Meeting October 27, 1987 Page 3 of 6 The Town Attorney will review the Town's newsrack ordinance and this matter will be further addressed under Items Left Over at the November Regular Meeting. 87.18 Discussion re microfiching of Town Records This matter was deferred to the November Workshop Meeting. 87.19 Request by Hidden Harbor for extension of permit until November 301, 1987 Commissioner Basso noted that this matter would be taken up at a Special Meeting to be held at 3:PJ(~ P.M. 87.201 Discussion regarding ossibility of increasing liability insurance for Public Officials It was the consensus of the Town Commission, Town Manager and Town Attorney that the Town already had all the possible insurance coverage available. Attorney Sliney further noted that the Town Code's indemnification provisions was sufficient to protect appointed officials from any insurance shortfalls. 87.21 Discussion re request for release of Unity of Title on Lots 3, 4, 5 and 6 CAMELOT ON THE ATLANTIC. (Refer to Attorney Robert Eisen, representing Ince and Hertel, owners of Lots 3, 4, 5 and 6, Camelot on the Atlantic, addressed the Town Commission requesting a release from an existing Unity of Title on that property. Mr. Eisen will meet with staff to submit further information prior to the Town Commission re--addressing this issue. A possible Developer's Agreement will be drafted for Town Commission consideration. 87.22 Discussion re offer to located on Federal Hiq dated 1H/15/87.) urchase Water Department Property av. (Refer to Town Manager's memo It was the unanimous consensus of the Town Commission that the Town has no interest in selling this property. The Town Manager will advise the appropriate parties. REP©RTS - TOWN ATTORNEY Attorney Sliney noted that the lawsuit involving the appeal of the Con- cordia ruling has been dismissed at the request of the Appellant. This means that the trial court's verdict in favor of the Town has been up- held. The ITCO lawsuit, which is a companion case to this action, has not been active. • Town Commission Workshop Meeting October 27, 1987 Page 4 of 6 With regard to the Boca Hi lawsuit, an Amended Complaint has been filed. Citicorp has filed a companion suit which is in the process of being answered. With regard to the Town Commission's recent directive to adopt the ICMA 401 (a) Money Purchase Retirement Plan, Attorney Sliney noted a letter from Richard Segal of his firm which stated some concerns including the fact that the ICMA Plan was still under review by the IRS and not yet approved as an IRS qualified plan. Mr. Williams felt that most of the concerns raised by Attorney Segal had been taken into consideration by the Financial Advisory Board and that some of those concerns did not apply to governmental units. Attorney Sliney suggested that the Town Commission hold a Workshop on this matter and have Attorney Segal avail- able on the Chamber speaker telephone to review the concerns raised. It was the consensus of the Town Commission that the Town Manager, and At- torneys Sliney and Segal try to iron out the differences of opinion in written form for submittal to the Town Commission prior to the November Workshop Meeting at which time this matter will be again addressed. • REPORTS - TOWN MANAGER With regard to the Interim well, Mr. Williams reported that the well has been drilled and the sleeves installed. A stainless steel well screen was approved by Mr. Williams for an additional $3,000.00, based on previous Town Commission discussions to provide for a longer life for the interim well. This project should be completed prior to the end of December. With regard to the Bel Lido Bridge wingwall project, the aluminum sheeting is almost completed and the next step will be to pour the concrete. This should be complete by the end of November. With regard to the removal of some of the trees along the wingwalls, Mr. Williams noted that the four trees to be removed were worth approximately $600. each. The trees are being removed and replanted at a cost of not to exceed $250. per tree. Mr. Williams indicated that Mangus Nursery had removed one tree in the Bel Lido median strip in error which was being replanted. The additional four trees will also be planted in the median strip. With regard to the THM project, Mr. Williams indicated that the DER permit had not yet been received. Further, the Boca Raton permit has not been received. Mr. Williams stated that the City of Boca Raton was awaiting information from the Town's engineers, Camp Dresser & McKee, in order to process the permit. Mr. Williams stated that he had attempted Town Commission Workshop Meeting October 27, 1987 Page 5 of 6 to make phone calls to no avail to CDM to expedite this matter. Mr. Williams will take further steps to try to get CDM to comply with the requests of Boca Raton in order to secure the necessary permit. Mr. Williams noted that with regard to the DER permit, this was one that just takes time to receive. With regard to the speed limit on the Bel Lido Bridge, Mr. Williams noted that the majority of the problem was caused by the sanitation trucks. Mr. Williams has communicated with County Sanitation regarding this problem and feels that through voluntary cooperation on their part, this problem will be alleviated. If further problems exist on the bridge with regard to the speed limit and its detrimental effect on the bridge structure, this matter will be re-addressed. Mr. Williams then noted his October 21, 1987 memorandum regarding the purchase of a police vehicle as well as a 4-wheel drive cabin chassis for the Water Department. Mr. Williams recommends that the Town "Piggy- back" on Boca Raton's bid for these items with a late December bid award expected. Chief Cecere noted his concern regarding delivery, service and the time frame set out in the Town Manager's memorandum, noting that the car being replaced already has 90,0f~0 miles and should be replaced as soon as possible. This matter will be addressed again at the November Workshop Meeting, subsequent to the bids being received and opened by the City of Boca Raton. Discussion ensued regarding the possibility of constructing a water storage tank East of the Intracoastal Waterway. It was noted that such tank should be able to hold 500,A~0 gallons of water and should be constructed similar to the ground tank located behind the police station. Such tank could be located to the rear of the Town Hall property and easily hidden for aesthetic reasons. It was the consensus of the Town Commission that. this matter be deferred until the December Workshop Meeting at which time the Town should have new engineers on board to assist in the feasibility study of such construction. i Town Commission Workshop Meeting October 27, 1987 Page 6 of 6 There being no further business to come before the Town Commission, this Workshop Meeting adjourned at 2:45 P.M. APPROVED: Bett Jean Stewart, Mayor ___---, Cc,z~~-,.~-~ -"- Marh- Louise G1, Blosser, Vice Mayor [~ ,d'grhn J . ~ so Comm - - oner ~ ~ ._._~- vi T. o ins Commissioner r--- 4..s....,, \, " Robert F. Scholz, Commissioner ATTEST: TOW CLERK •-o~'.~,~-~" DATE : /~/.~ /,/~f' 7