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1987.11.24_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission Workshop Meeting Tuesday, November 24, 1987 1.30 P M A Workshop Meeting of the Town Commission was called to order by Mayor Betty Jean Stewart at 1:30 P.M. in the Town Commission Chambers at Town Hall. Also present were Vice Mayor Mary Louise G. Blosser and Town Commissioners John J. Basso, David T. Robinson and Robert F. Scholz. Also present were Town Attorney Thomas E. Sliney, Town Manager Hugh D. Williams and Town Clerk Mary Ann Mariano. Members of the general public were also present. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA Vice Mayor Blosser questioned the reason for this item being placed on the Agenda in that it might be extending privileges to developers or other parties to add items to the Agenda after the Agenda closing date. Commissioner Robinson noted that this item should not be a problem at a Workshop Meeting in that there was no formal action taken and that sometimes a Commissioner might not be able to work on some items until closer to a meeting date. Attorney Sliney noted that historically the Town Commission attempted to avoid any additional items on an agenda at the last minute, however, with this item, the Commission would have to agree to add something before it was taken up. A consensus was reached that the item was appropriate for the Workshop Meeting Agenda, however, should be reworded to eliminate any additions to the Regular Meeting Agenda. Mayor Stewart noted that this item had been picked up from the format used by the Palm Beach County Commission in order to hold a more organized meeting. Mayor Stewart also noted that this item would be used for rearrangements of items on the Agenda. Vice Mayor Blosser then noted that the Town Commission should address the water issues at each meeting and that this item should be listed on each and every Agenda until all the water concerns are resolved. Mayor Stewart noted that for the purpose of today's meeting, these items would be discussed under the Town Manager's report. However, it was the consensus of the Town Commission to add this item to all Agendas until the resolution of the water matters. 87.1 Public Comments and Requests None 87.2 Boards and Committees The various Board vacancies were noted. • Mr. Merton Rubin, Talent Bank Applicant, was interviewed with regard to his interest in appointment to the Community Appearance Board. Mr. Rubin • Town Commission Workshop Meeting November 24, 19$7 Page 2 of 1~1 indicated that he had attended a meeting of this Board and was very much interested in service. It was noted that Mr. Rubin's background was in finance, however, Mr. Rubin indicated that this was actually in retailing and his interest at this time was more along the lines of serving on the Community Appearance Board. The Town Clerk's office will contact all the pending applicants as to the existing vacancies and determine any interest. 87.3 Proposed Ordinances and Resolutions None 87.18 Discussion re microfiching of Town records and updating Town Code This matter was briefly discussed. There was a general consensus that the updating of the Town Code was more important at this time than the microfiching of records. It was noted that there had been no funds appropriated in this year's budget for either of these items. Mayor • Stewart noted that some of the present overruns in the budget should be carefully considered prior to the appropriation of any further funds in other areas. Commissioner Scholz noted that the Town had funds to be appropriated with regard to the Road and Bridge Fund suit, however, was advised that these funds had been earmarked for the repaving of Russell Drive. The Town Manager was directed to prepare a financial analysis as to the availability of funding for these items for further discussion at the December Workshop Meeting. Vice Mayor Blosser then asked as to whether the appropriate steps were taken during Hurricane Floyd as she was out of the country at the time. Mr. Williams indicated that all procedures were taken, however, noted that more time should be anticipated in the future to put up the hurricane shutters on Town Hall. Vice Mayor Blosser expressed her concern that these items be done in a timely manner in order to allow Town employees to leave early enough to make their arrangements at home. It was determined that the present hurricane procedures would be reviewed in March of each year to determine whether updated information is necessary. REPORTS - TOWN COMMISSION Mayor Betty Jean Stewart - Mayor Stewart noted her memorandum of November 13, 1987 recommending that the Town fund a luncheon in honor of the Town's Board Members. • Vice Mayor Blosser expressed a concern as to the time of year in that she felt that most calendars would be filled by now. Each of the Commissioners were supportive of the recommendation. It was the consensus of the Town Commission that spouses should also be invited to Town Commission Workshop Meeting November 24, 1987 • Page 3 of 10 the luncheon. The menu was discussed with it being determined that the Mayor will handle the menu and arrangements for a luncheon, with the meal to cost approximately $8.95. This matter will be placed on the December 1, 1987 Consent Agenda. Mayor Stewart then noted her memorandum dated November 18, 1987 which recommended that the Town Manager submit a written update of the Town's Departments prior to the end of December for discussion at the January 5, 1987 Regular Meeting. The Town Manager will ask Department Heads to write reports and they will also be asked to attend the January 5, 1987 Regular Meeting to answer any questions raised by the Town Commission. Mayor Stewart's memorandum dated November 12, 1987 regarding a request from York-Hanover for the Town to make an offer on the Connaught Proper- ty (Lot 71W) was then discussed. After substantial discussion regarding the possible liability factors, it was determined that the Town Commission had no interest in acquiring this property. Mayor Stewart will advise York-Hanover as to the Town Commission's decision on this matter. Discussion then ensued regarding the planting of the breezeway island between the Town Hall administrative buildings. This area will be planted and changed seasonally for a colorful effect. This area will be • leveled and covered with at least 4" of mulch. There was no objection to this area being planted prior to Christmas. The next matter discussed under the .Mayor's report was the trimming along the bike path. It was noted that this job was very demanding on the present maintenance person. The Town has been hiring outside assistance to handle this matter. Mayor Stewart noted the practice the Town now has in mowing vacant lots and billing the owners and asked whether such practice would be feasible with regard to the trimming of trees and shrubs along the bike path. Mr. Williams stated that he did not think the present Town Code provided for such action. Attorney Sliney noted that the Town Commission could consider this as a nuisance and provide for enforcement by the Code Enforcement Board. Mr. Williams will research the present Town Code and will draft a proposed ordinance to address this matter for the December Workshop Meeting. Vice Mayor Mary Louise G. Blosser - Vice Mayor Blosser cited recent Financial Advisory Board Minutes which noted that the Town Manager was to prepare revisions to the Personnel Policies in Town Hall. Vice Mayor Blosser noted that she had received a telephone call from a former employee regarding severance pay and requested that this issue be addressed in any recommendations. Mr. Williams noted that the present policy has a provision for two weeks severance pay. Vice Mayor Blosser noted that there might be some merit • in utilizing Memorandums of Understanding for some of the Town's position. The Town Manager noted that it was his goal to have one set • Town Commission Workshop Meeting November 24, 1987 Page 4 of 10 of personnel policies for all employees, however, if the Town Commission desired, could separate management and second level employees. Mr. Williams will be submitting a proposed set of policies to the Financial Advisory Board at an early date. Commissioner John J. Basso - Commissioner Basso reported that there were some dark spots along the bike path at night due to foliage obstructing the street lighting. Mr. Williams will have the Police Department observe and make a listing of these areas and will call them to the attention of Florida Power and Light for action. Commissioner David T. Robinson - Commissioner Robinson expressed his concern and desire to take action to provide wake laws within the Intracoastal Waterway along the boundary of Highland Beach. Commissioner Robinson noted that residents have expressed concern and suffered damage to their boats and docks as the increase in boat traffic generates a lot of wake action. Also noted .was the fact that significant erosion of shoreline and ground under seawalls • was created by the wake action in the Intracoastal Waterway. Commis- sioner Robinson noted a 1984 memorandum on this subject which pointed out that the Town had no provision for "No Wake" signs on private pro- perty which should be addressed as well as taking whatever action is necessary to obtain proper permitting to install speed limit signs within the water. Commissioner Robinson noted that the Town should attempt to get Boca Raton involved in this action in that their shoreline is also affected. Mr. Williams stated that the Florida Marine Patrol as well as the DER, DNR and. Army Corps of Engineers would become involved in any request for markers within the Intracoastal Waterway, which requests then goes to the Governor's Cabinet for consideration. The Community Appearance Board will be asked to consider this matter and come up with a criteria as to the number of signs to be allowed, etc. Mayor Stewart noted that Boca Raton had two officers assigned to patrol the Intracoastal Waterway from 10:00 A.M. to 4:00 P.M. and maybe it would assist us to speak to Boca Raton to see what they are doing in this regard. The Town Manager was directed to commence processing the appropriate paperwork to file for Intracoastal Waterway markers to re- duce speed as well as request the Community Appearance Board to review the matter with regard to signs. Commissioner Robert F. Scholz - Commissioner Scholz noted a letter from Attorney Sliney dated November 6, 1987 with regard to newsracks. Attorney Sliney also submitted copies • of the Town's present newsrack ordinance with pertinent sections high- lighted. It was determined that the Town was within its power to install screening around the newspaper racks. Commissioner Scholz Town Commission Workshop Meeting November 24, 1987 Page 5 of 10 requested that the Town Manager be authorized to spend up to $500.00 on the screening of the newspaper racks. Mr. Williams noted his intention to provide barricade fencing, 4' in height, with the racks being turned around and moved forward so that the racks would not be visible from A-1-A. The newspaper companies will be billed to see whether they will make a voluntary payment to help offset the costs of the racks. This matter will be placed on the December Regular Meeting Consent Agenda. Vice Mayor Blosser noted that the newspaper rack ordinance itself should be reviewed after a pending Supreme Court case regarding same is resolved. Commissioner Scholz cited a recent article in FLC's Quality Cities which he distributed to the Commission. The article involved Boca Raton's program of newspaper collection and disposal. Mr. Williams stated that the Town was presently paying $30.00 per ton tipping fees with it being anticipated to increase to $38.80 in 1988 and $58.00 in 1989. The Town Manager was directed to research this matter and collect information as to the Town's potential tonnage savings, etc., which matter will be addressed at the January Workshop Meeting. REPORTS - TOWN ATTORNEY Attorney Sliney noted that the Colman litigation regarding Concordia Properties had been dismissed. Motions to Dismiss in both the Boca Highland and Hoffman litigation matters are set for hearing on December 3, 1987. The Itco litigation has been transferred to Judge Rudnick in place of Judge Wessell with little action being taken by the Plaintiffs. With regard to the Citicorp litigation, the Town has filed a Motion for a More Definite Statement. With regard to the proposed ICMA Retirement Plan, Attorney Sliney noted several letters as well as a conference call being held with his asso- ciate Richard Segal. With the restatement of the existing plan in conformance to the ICMA criteria, Attorney Sliney noted that he did not see a problem in the Town's adoption of same. Attorney Sliney caution- ed, however, that this plan would still need IRS sanctioning, which is expected sometime in the future. Further, Attorney Sliney stated that the Town should retain its present Retirement Board to meet on a semi- annual basis to oversee what ICMA is doing in the administration of the plan. Commissioner Basso asked whether ICMA would be liable in the event the plan is sued by an employee. Attorney Sliney noted that although ICMA would be named, the Town would still be ultimately liable for any claims. It was noted that there are approximately 2,600 cities now in this particular plan. The revised Prototype Agreement as well as a revised resolution will be submitted to the Town Commission for consideration at their December 3, 1987 Regular Meeting. Mr. Williams .~.. Town Commission Workshop Meeting November 24, 1987 Page 6 of 10 noted that the several policy matters which should be ing the effective date to be January 1, 1988, will be Regular Meeting. Attorney Sliney noted that inasmuch resolution called for his approval that all met state guidelines, this provision would have to be amended d IRS qualification at this time. addressed, includ- discussed at the as the existing and federal ue to the lack of Answering the Vice Mayor's inquiry, Attorney Sliney indicated that there had been no new developments in the Glendale land use case. REPORTS - TOWN MANAGER With regard to the THM project, Mr. Williams reported that the Town had received the permit from the Department of Environmental Regulation. The Town Manager is working with Jack Lee on emergency procedures in order to obtain the necessary Boca Raton permit. Mr. Williams noted that his target date was December 1, however felt it would probably be the second week of December before this permit was obtained. The necessary shower has been installed and the fire hydrant will be installed at an early date. Mr. Williams stated that the THM process should be fully operational by the end of January. The Town is required to notify as many people as possible as to the transition in the water treatment methods, as the THM method could affect dialysis patients as well as tropical fish. Mr. Williams will be sending out a letter on this transition prior to the end of December, as well as putting notices on cable television and noting this matter in the next issue of the Town Bulletin. The Bel Lido Bridge project is 99~ complete with some clean up work oc- curring. The 15 ton limit regulation is actively being enforced on the bridge. With regard to the Interim Well project, the hole is in the ground and the liners are in place, the test pumping has been done and a cement slab and wiring is now being put in place. This well should be opera- tional by the end of December. A chain link fence will be placed around the pump for protection. This project is 50~ complete. The Town has received $21,188.03 from the Road and Bridge Fund litiga- tion which has been placed into the General Fund. The Town might be entitled to more depending on the outcome of a suit involving the interest on the funds held by the County. Mr. Williams distributed a copy of correspondence from the South Florida Water Management District regarding the Hidden Harbor project. This documentation shows an entirely new configuration on the site. It was the directive of the Town Commission that the Town Manager correspond • with South Florida Water Management District to advise that the Town's zoning has changed and that the Town objects to their consideration of this matter. own Commission Workshop Meeting ~ovember 14, 1987 Page 7 of 10 With regard to the purchase of a vehicle for the Police Department, Mr. Williams advised that prices received had been $11,137. with a $800. trade in for a Ford LTD, $10,337. for a Dodge Diplomat. Mr. Williams further noted that the State bid was $10,229. for a Dodge Diplomat how- ever, there were no provisions for trade in and the old police vehicle would have to be sold separately. In any case, Mr. Williams stated that delivery would not be had until late February - early March. Although the Chief of Police recommends that the Town purchase the Ford LTD from Bill Wallace due to considerations of the trade in and the service history the Town has enjoyed with that firm, Mr. Williams recommends that the vehicle be purchased under the State bid, being the Dodge Dip- lomat at a cost of $10,229. Inasmuch as this item has already been approved and included in the present budget, the Town Manager was directed to handle the purchase of the vehicle. The Town Commission then discussed a request for the renewal of the Royal Highland Sales Trailer for a period of six months. It was noted that the developer had made the request as well as submitted a fee for same. Mr. Sutherland, Building Official, noted that the Sheriff's Sale which had been scheduled on the property had been resolved. Substantial discussion took place as to the disrepair of the fence and the nuisances being caused by the pile of sand on the property, however, under the • existing Stipulation of Settlement on the site, the Town Commission felt that the renewal of the sales trailer permit was in order. This matter will be placed on the Consent Agenda for the December Regular Meeting. With regard to the fence, the Town Commission directed that it be handled by citing it as a nuisance and enforcing the repair through the Code Enforcement Board. Attorney Sliney will review the Settlement Stipulation regarding the requirement of the sand being moved eastward of the seawall. The Town Commission then discussed the Town Manager's memorandum dated November 17, 1987, which recommended that the 1980 Sewer Bond Issue be retired prior to its 1992 maturity date. To retire the bonds at this time will cost $447,177.34, rather than the $635,960.00 if payout is made through the 1992 retirement date, which amounts to a savings of $188,782.66. These funds are available through a surplus of funds in the sewer accounts due to the sewer surcharge implemented in anticipa- tion of the Delray settlement. Mr. Williams noted that the Financial Advisory Board had reviewed this matter and concurred in this recommen- dation. This matter will be placed on the Consent Agenda for the December 1, 1987 Regular Meetinq, provided that the Town Attorney review the bond documents to determine this can be done. The Town Commission then discussed the status of the West Byrd Beach.,.,.,,; lots. Robert Eisen, Attorney for Ince and Hertel, was present and requested consideration of a Release of the Unity of Title on the West • lots. The Town Commission noted that the discussion today was for the clarification of the lots by the Building Official and not to consider Town Commission Workshop Meeting November 24, 1987 • Page 8 of 10 the pending Release of Unity of Title request. Mr. Sutherland noted that the lots would be developed as single family lots in conformance with the present zoning and existing Town Codes. It was noted that Mr. Fredricks had not yet executed those documents necessary to provide for the reconfiguration of the four lots showing an abandonment of a pro- posed roadway running across each of the lots. Attorney Eisen stated that he would appreciate consideration of the Release of Unity of Title conditioned upon the appropriate documents being executed by Mr. Fredricks. The Town Commission felt that this would be a two step pro- cedure and directed that the attorneys work together to prepare the appropriate paperwork at which time same will again be discussed. This matter is scheduled for further discussion at the December 29, 1987 Workshop Meeting. The Town Manager advised that the Town Hall Christmas Tree would be put up on Thursday, December 3, 1987. A live wreath will be purchased and placed near the entrance to the main administration building. Mr. Williams advised that the formal Xeriscape Contract from South Florida Water Management District had been received. This contract will be necessary in order for the Town to receive the $8,000. subsidy from South Florida Water Management District for the Xeriscape Demonstration Project planned for the Town Hall area. The approval of the contract • will be placed on the December Regular Meeting Consent Agenda. Further with regard to this matter, Mr. Williams advised that the mulch which will be required on this project will be made from the pine trees to be removed from the rear of the Town Hall property at a savings of approx- imately $3,000. The Mangus Plan for the Xeriscape project bearing No. HB-286 will also be placed on the December Regular Meeting Consent Agenda for approval. Mr. Williams then requested a recommendation from the Town Commission as to the exterior Town Hall lights. It was noted that there are two large low entrance lights which are not wired. It is the Town Manager's recommendation that these low lights be energized and utilized when there are no activities planned for the Town Hall building after dark. These lights would be utilized as well as other low lights located in the bushes around Town Hall. The lights in the breezeway and along the administrative buildings could be utilized when there are meetings or other activities planned at the Town Hall. The Town Commission noted no objection to the Town Manager's recommendation. It was also noted that there is an FPL transformer in the rear of the Town Hall property which is on a concrete pad which needs raising prior to implementing the Xeriscape Project. Commissioner Robinson recommended that the Town Manager communicate with FPL to determine the responsibility in this matter before proceeding. Mr. Williams anticipates that the entire Xeriscape Project will be complete by mid January. • Town Commission Workshop Meeting November 24, 1987 Page 9 of 10 Mr. Williams then advised that the Town needed to appoint a committee to review the Requests for Proposals on Town Engineers. Mr. Williams re- commended that he, Jack Lee, and two members of the Town Commission (being the Mayor and Commissioner Scholz) be appointed. Vice Mayor Blosser noted that Camp Dresser and McKee had offered to assist the Town in obtaining new engineers. The appointment of an Engineering Review Ranking Committee will be placed on the December Regular Meeting Agenda for consideration. At this time, Attorney Sliney noted that he had communication from the Bond Attorney with regard to the sewer bond issue, who had no objection to the early retirement of the bonds. This matter will be addressed as a part of the December Regular Meeting Agenda. The Mayor noted that a Special Meeting would be held on December 15, 1987 at 1:30 P.M. to discuss and possibly take action on the Long Personnel Report. Also at this time the long term water needs of the Town will be addressed. Mr. Williams noted that it was his opinion that the Town should request approximately 800,000 gallons per day from Boca Raton. Concern was expressed that the communication taking place between the Town Manager and City Manager Rutherford of Boca Raton was not in writing. At this meeting, the emergency usage criteria may be addressed. Vice Mayor Blosser requested that the definition of • "emergency" be clarified for purposes of the existing agreements between the Town and both Boca Raton and Delray Beach. Mr. Williams noted a decrease in water usage, attributing this to the awareness of the condominium managers through the meetings of managers being held in Town. Vice Mayor Blosser asked whether the South Florida Water Management District had been applied to for peak shaving. Mr. Williams indicated that Mr. Rutherford feels that Boca Raton could get acceptance from South Florida Water Management District for whatever the Town felt its needs are. Mr. Rutherford also feels that Boca Raton would be able to provide up to 1,000,000 gallons per day without any capital improvements to their facilities, said Mr. Williams. The Town Commission felt that any information being obtained from Boca Raton should be in writing. Mr. Williams stated that Boca Raton would need to know by March as to the Town's long term needs in order to fit it into their utilities improvement program. This matter will be further discussed at the December 15, 1987 Special Meeting. There being no further business to come before the Town Commission at this time, the meeting adjourned at 5:10 P.M. • Town Commission Workshop Meeting November 24, 1987 Page 10 of 1~ APPROVED : /'~ y ~ "`'`~-''~~ Betty can Stewart, Mayor Mary Louise G. Blosser, Vice Mayor as~q, Commissioner ,.~6%l~ David T. Robinson, Commissioner . -~. Robert Scholz, Commissi ~_ ATTEST : ~zL-'~_ i TOWN C ERK DATE: ~ S'1 /