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1987.12.01_TC_Minutes_Regular TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, December 1,_1.987 1:30 P.M. A Regular Meeting of the Town Commission was called to order by Mayor Betty Jean Stewart in the Town Commission Chambers of Town Hall. Also present were Vice Mayor Mary Louise G. Blosser and Commissioners John J. Basso, David T. Robinson and Robert F. Scholz. Also present were Town Manager Hugh D. Williams, Town Attorney Thomas E. Sliney, Town Clerk Mary Ann Mariano and members of the general public. After the roll call, the Pledge of Allegiance to the Flag was given. ADOPTION OF AGENDA: Item 11 (6) was moved to Item 10 (2) by Mayor Stewart. Item 11 (1) was moved to Items Left Over. MOTION was made to adopt the Amended Agenda by VICE MAYOR SLOBBER/COMMISSIONER ROBINSON, which MOTION carried unanimously. Approval of Minutes: October 23, 1987 - Special Meeting October 27, 1987 Workshop Meeting October 27, _ 1987 Special Meeting October 27, 1987 - Public Hearing November 03, 1987 - Regular Meeting November 17, 1987 - Public Hearing/Special Meeting MOTION was made by COMMISSIONER BASSO/COMMISSIONER SCHOLZ to approve the Minutes as submitted, which MOTION carried unanimously. Public Comments and Requests: Lowell Blum, Chairman of the Police Advisory Board, requested to make a report from his Board. Mayor Stewart noted that Board Reports were now submitted in writing and attached to the Agenda. Vice Mayor Blosser noted that although summaries were provided to the Agenda, she did not feel that they were to replace oral Board Reports from Chairman who wished to speak. Mayor Stewart noted that Mr. Blum would be heard under Item 9, Reports from Boards and Committees. REPORTS - TOWN COMMISSION: Mayor Betty Jean Stewart - Mayor Stewart noted a copy of the Beaches and Shores guidelines for coastal management which will be discussed at the December 14, 1987 . Beaches and Shores Meeting. This.. publication along with the aerial Town Commission Regular Meeting December 1, 1987 Page 2 of 7 photographs will be available to the Town after this December 14, 1987 Meeting. A resolution forwarded to the Town from the Pinellas County Board of Commissioners objecting to oil drilling within a specified buffer zone in the ocean will be addressed at the December Workshop Meeting. Mayor Stewart noted correspondence from the House Select Committee on Special Districts. Meetings will be held on proposed amendments to the taxing districts. A meeting will be held tonight at 7:~0 P.M. at the Lake Worth Drainage District. The Mayor then discussed appointment of an Engineering Review Ranking Committee. Although the Town Manager recommended that two commission members serve on the Committee, it was determined that in order to avoid any Sunshine Law violations, only one member of the Town Commission should serve on this Committee. Also, in that Camp Dresser and McKee, the Town's previous engineers had offered to assist the Town in the selection process of new engineers, the Mayor appointed the following persons to the Engineering Review Ranking Committee: Town Manager • A Representative from Camp Dresser and McKee Commissioner Scholz (as the Water Department is his area of interest) Jack Lee (Utilities Director) Mayor Stewart noted that should anyone not be able to serve, an alter- nate would be chosen. Vice Mayor Blosser noted that it might serve the purpose better if the committee consisted of an odd number of people rather than an even number. Mayor Stewart then noted that Town resident, Arthur Keller, had a background of mechanical engineering with specific experience in water, and had agreed to serve if called upon. Mayor Stewart then appointed Arthur Keller as a member of the Engineer- ing Review Ranking Committee. Vice Mayor Mary Louise G. Blosser - Vice Mayor Blosser noted that electric power in the Town had been out on Wednesday night, November 25, 1987 for approximately ten hours in some residences. Vice Mayor Blosser noted that the Town Manager was out of Town and expressed her concern that the Town Clerk had not been advised as to this emergency. Concern was expressed that the cable system was out and that emergency messages would not be able to be aired. Mr. Williams stated that Centel is now replacing their equipment with updated equipment which should be operational at an early date. The Town Commission agreed that Centel should be advised of the Town's concern in this regard and that a representative of Centel should be • requested to attend the Town Commission's next Workshop Meeting to r Town Commission Regular Meeting • December 1, 1987 Page 3 of 7 answer any questions and to advise the time frames involved in the replacement of this equipment. Vice Mayor Blosser also noted that with regard to the FPL transformers in Town, FPL had not cleaned same to avoid deterioration due to salt spray. The Vice Mayor stated that FPL had a truck which sprayed the generators, etc., from time to time to clean them. Although the remainder of the Town Commission nor the Town Manager was aware that such a truck was available, Mr. Williams will communicate with FPL to determine what can be done in this regard. With regard to the wake issue, Vice Mayor Blosser suggested that although a directive had been issued to the Town Manager at the Workshop Meeting to pursue all legal avenues to obtain speed signs in the Intra- coastal Waterway, that a MOTION be made in this regard. MOTION was then made by COMMISSIONER ROBINSON/VICE MAYOR BLOSSER to actively pursue all efforts to obtain wake enforcement along the Intracoastal Waterway the entire length of Highland Beach. Under discussion, Commissioner Robinson asked for a written report from the Town Manager as to the steps to be taken in order to get this process going as the safety of not only Highland Beach, but that of Boca Raton is also involved. Commissioner Scholz agrees with the concept of pursuing the no wake signs, however, expressed his concern with the method of enforcement in this regard. Mayor Stewart also expressed her concern with the • enforcement of speed limits. Commissioner Robinson felt that the enforcement issue should be addressed later, whether it be through a joint effort with Boca Raton, the Coast Guard, etc., that the Town pursue legislative action to have no wake signs or speed limit signs installed, citing incidents of accidents occurring in Broward County. Commissioner Robinson also expressed concern as to the erosion of the shore line as well as the existing seawalls due to the wake activity. Mayor Stewart noted that Boca Raton only has two people working days in enforcement in the waters of the Intracoastal and felt that this would be a monumental task. Vice Mayor Blosser suggested that the Town Mana- ger communicate with Boca Raton to gain insight into what procedures to follow, and further to possibly obtain supporting documents used by Boca Raton in this regard. Mr. Williams noted that it was his opinion that the Intracoastal Waterway was totally within the limits of Boca Raton. Mr. Williams will contact Mr. Rutherford of Boca Raton and further write to the Marine Patrol to begin processing this issue.. The vote was finally taken on the MOTION to pursue the issue, which MOTION carried unanimously. Answering the inquiry of the Vice Mayor, Mr. Williams indicated that the next Town Bulletin would be available for comment at the December Work- shop Meeting. Commissioner John J. Basso -- • No report. Town Commission Regular Meeting December 1, 1987 Page 4 of 7 • Commissioner David T. Robinson - No report. Commissioner Robert -F.-Scholz - No report. The Mayor then requested that the Town Commissioners attempt to place any items to be discussed under their reports on the Agenda for better organization of the meetings. REPORTS - TOWN ATTOR1dEY: The Town Attorney will obtain a copy of the opinion regarding zoning litigation in Delray Beach as contained in a 11/29/87 editorial in the Sun Sentinel, as cited by Commissioner Basso. Attorney Sliney is working with Attorney Robert Eisen on the Byrd Beach Release of Unity of Title Request and accompanying documentation for review at the December Workshop Meeting. The Town Attorney's Lybrand, the Town A • will be distributed audit, Mr. Williams is anticipated that mid January. annual audit litigation report to Coopers and uditors, is being submitted. Copies of this report to the Town Commission. Further with regard to the reported that all field work has been completed. It the audit will be in a position for acceptance by With regard to the Bel Lido Bridge project, the Town Manager noted that final inspection has been made and approved. This project was completed after the contracted date. The contractor is responsible for approxi- mately $6,500. in inspection costs which will be paid to the engineers by the Town and deducted from the contractor's fee. Also with regard to this matter, Mr. Williams has stated that additional engineering costs have been incurred as a result of the Town Commission's approved Change Order. The engineering fees with regard to the Change Order have not been addressed nor approved and therefore, this item will be placed on the December Workshop Meeting Agenda for discussion. The Town Manager recommended that greetings be sent to all the Town's vendors as well as all the condominiums with a policy regarding gifts (Christmas money and gifts) to Town employees. The Town Commission requested further information in order to review any recommendations at a later date. No objections were expressed to the Town Manager's recommendation that Town Hall close at 1:30 P.M. on December 24, 1987 in order for employees to have a holiday celebration. Town Commission Regular Meeting December 1, 1987 Page 5 of 7 • REPORTS - BOARDS AND COMMITTEES: Mayor Stewart noted the untimely death of Code Enforcement Board Member Eugene Snyder on November 28, 1987. Mr. Snyder will be buried in Beaufort, South Carolina, after which Mrs. Snyder will return to Highland Beach. MOTION was made by COMMISSIONER ROBINSON/VICE MAYOR BLOSSER to reappoint Harold B. Cohen as a member of the Board of Adjustment for a term of three years. This MOTION carried unanimously. MOTION was then made by COMMISSIONER BASSO/COMMISSIONER SCHOLZ to appoint Carmine Zecolla as an Alternate Member of the Board of Adjustment for a term of one year. This MOTION carried unanimously. MOTION was then made to reappoint Martha Dempsey as an Alternate Member of the Community Appearance Board for a term of one year. This MOTION carried unanimously. MOTION was then made to appoint Merton Rubin as an Alternate Member of the Community Appearance Board for a period of one year. This MOTION carried unanimously. At this time, Chairman Blum of the Police Advisory Board gave a report. • Chairman Blum noted that the Police Advisory Board recommended that any vehicles purchased for the Police Department be purchased from local dealers for purposes of service. Mr. Blum also requested that the Town Commission appoint one of its members to relate any instructions or directives directly to the Chief of Police without going through any other executive official. Chairman Blum then urged that the Town Com- mission appoint members to fill the existing vacancies on that Board. PROPOSED ORDINANCES AND RESOLUTIONS: 1. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, AUTHORIZING THE ENTERING INTO OF A MONEY PURCHASE RETIREMENT PLAN WITH THE ICMA~RETIREMENT CORPORATION (REVISED) This Resolution was read by the Town Clerk. The Town Commission review- ed the proposed prototype money purchase agreement. Item E2 (b) will be clarified to indicate that in no event will the Town be liable for more than a 5~ contribution. It was noted that this plan, although before the IRS for approval, now is not a qualified plan. It was also noted that there were in excess of 2,1~~ other municipalities who have already implemented this plan. Commissioner Basso questioned the Town's liability if anyone felt they had been treated unjustly and sued the Town. Attorney Sliney indicated that although the ICMA somewhat shield- ed the Town, the Town would ultimately be liable in any plan implement- ed. It was also stated that the Town would retain its present Town • • Commission Regular Meeting December 1, 1987 Paqe 6 of 7 Retirement Board who would meet on a semi-annual basis to review the administration of the plan by the ICMA. MOTION was then made by COMMISSIONER BASSO/COMMISSION.ER SCHOLZ to adopt the Resolution as read by the Clerk, which MOTION carried unanimously. MOTION was then made by VICE MAYOR BLOSSER/COMMISSIONER BASSO to rescind the previous resolution adopted at the November Regular Meeting with regard to this matter. Attorney Sliney then recommended that the Town's Board of Trustees meet with a representative of ICMA in order to review the mechanics of the plan and the logistics of the roll over of the present plan. It was noted that if necessary, a follow-up Resolution would be considered to accomplish the transfer of the funds from the present plan to the revised plan. 2. A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND TOWN OF HIGHLAND BEACH FOR XERISCAPE DEMONSTRATION PROJECT. • It was noted that this contract was being requested in order for the Town to receive $8,000 in funding from the South Florida Water Manage- ment District toward a Xeriscape Demonstration Project at the Town Hall site. This resolution was read by the Clerk, after which MOTION was made by COMMISSIONER HASSO/COMMISSIONER ROBINSON to adopt same. This MOTION carried unanimously with favorable votes. REGULAR BUSINESS: Items Left Over 1. Status of Water Projects: Mr. Williams advised that the Interim Well is in the process of being piped. With regard to the THM project, Mr. Williams and Jack Lee are working on an emergency evacuation plan in order to submit to Boca Raton to obtain the necessary Boca permit. Mr. Williams anticipates the conclusion of this project to be approximately January 15, 1988. 2. Approval of Luncheon for Board Members and Spouses at approximately $8.95 each. MOTION was made by COMMISSIONER BASSO/COMMISSIONER ROBINSON to approve the Luncheon for Board Members and spouses, at $8.95 each. Under • discussion, Vice Mayor Blosser noted her concern for fiscal responsibility, noting that the Library had been neglected and that she felt that the Town should not set any precedent along these lines. The vote was taken on the MOTION to approve the luncheon. The Vice Mayor voted no. The Mayor and remainder of the Town Commission voted aye with the MOTION carrying. Town Commission Regular Meeting December 1, 1987 • Page 7 of 7 Consent Agenda - Approval of maximum of 5500. for screening of newspaper racks. Approval of Royal Highlands Sales Trailer for six month period. Approval of retirement of 1980 Sewer Bond Issue on 12/1/87. Approval of Xeriscape Plan as submitted at 11/24/87 Workshop Meeting submitted by Mangus Nurseries bearing #HB-286. MOTION was made by COMMISSIONER BASSO/COMMISSIONER ROBINSON to approve the Consent Agenda, which MOTION carried unanimously. There being no further business, this meeting was adjourned at 2:50 P.M. APPROVED : %'~~i~~~.-~.-~-1 Bet Jean Stewart, Mayor Ma y"T,ouise G. Blosser, Vice ohn J sso, Commissioner yor ~vi.d T: Robinson, Commissioner Robert Fc Scholz, Commissioner ATTEST: ~.. TOWN CLERK DATE: ~_~~ /1~~~ •