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1990.11.27_TC_Minutes_Workshop~.. TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING • Tuesday, November 27, 1990 1:341 P.M. Mayor Joseph A. Boulay called the Workshop Meeting of the Town Commis- sion of the Town of Highland Beach, Florida, to order at 1:30 P.M. in the Commission Chambers at Town Hall. Also present were Vice Mayor Bill Paul, Commissioners Marvin A. Waldman, Betty Jean Stewart and Harold C. Chambers. Others present were Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Town Clerk Anne M. Kowals, Engineer Clay Blanton of J. M. Montgomery (the Town's Engineers), Dr. Richard Orman representing Milani & Milani Holdings, Ltd., and members of the general public. ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA The Agenda, amended to include J. M. Montgomery Engineer Clay Blanton and Dr. Richard Orman following Agenda Item 90.1 - Public Comments and Requests, was accepted as amended. 98.1 Public Comments and Requests Mr. Leonard Bell, resident/owner at the Villa Magna Condominium, questioned the following: is there a process followed to interview three Talent Bank Applicants who apply for the same position to treat all fairly; is there a 'Meeting or Workshop' that explains the Town's budget and how does one get answers to that? Mr. Bell then commented that, in this day and age, it seems sad that we are debating to have more restrictions at meetings that would not have more citizens to attend and participate. Responding to Mr. Bell's inquiry, Mayor Boulay noted the budget process, which starts in the Spring of each year, involves many public meetings of the Financial Advisory Board and the Town Commission and all are in- vited to attend same. The Mayor outlined the procedures followed with regard to interviews by the Town Commission of Talent Bank Applicants applying for appointment to the various Town Boards. Presentation by Engineer C1~ Engineers) re review of Cam' Blanton of J. M. Mon~omery (Town's Dresser, McGee report of 1986 Engineer Clay Blanton of J. M. Montgomery (Town's Engineers) advised that, as directed by the Town on November 01, 1990, they have reviewed a previous report prepared in 1986 by Camp, Dresser, McGee. Said review resulted in J. M. Montgomery's reply per their letter of November 26, 1990 (a copy of which is attached to and made a part of these Minutes). Following substantial discussion of J. M. Montgomery's review which also h included discussion of the Texas Trail Well field Site as well as t e use of cluster wells to monitor the movement of the salt water wedge which may cause salt water intrusion in existing wells, it was noted that when Commissioner Stewart suggested a review of the 1986 study, the ~. Town Commission Workshop Meeting Minutes November 27, 1990 Page 2 of 8 idea (as reflected in the November 07, 1990 Town Commission Regular Meeting Minutes) had to do with what was proposed at the C-15 Canal during the July 17, 1990 Special Meeting of the Town Commission; the Commissioner wanted the Engineers to find out if the Town could install a well along the C-15 Canal for supplemental water until regionalization is in place or some other source of water would be available. At the conclusion of the discussion, it was the consensus that J. M. Montgomery prepare a proposal of services and cost involved to install cluster wells for the purpose of monitoring salt water intrusion. Commissioner Stewart noted she would want South Florida Water Management District to agree that a cluster well would be a good idea and place same where South Florida Water Management District would recommend it be placed. It was the consensus of the Town Commission to schedule a Special Meet- ing to discuss this matter once the proposal from J. M. Montgomery is received. Discussion re Milani and Milani Holdings Ltd. Dr. Richard Orman, representing Mrs. Lucia Milani, addressing the Town Commission, noted that the Town's Settlement Stipulation has been inadvertently recorded as a deed restriction relating to the Milani • Property (that is part of the estate of C. D. Milani which is in the process of being settled). Mrs. Milani is requesting that the Town assist in the removal of the deed restriction as it clouds the title of the property. The matter of density on the parcels in question (as it applied at the time the deed restriction was recorded and as it currently applies) was discussed at length and it was noted that density can not be transferred from one property to another. Attorney Sliney stated that he did not feel this was a transfer of density issue. Following substantial deliberation, it was the consensus of the Town Commission that this matter be placed on the December Workshop Meeting Agenda for further review. 90.2 Boards and Committees Mayor Boulay, noting the existing vacancies on the various Town Boards, recommended possible appointments be considered at the December 04, 1990 Regular Town Commission Meeting. Commissioner Stewart indicated that, at the November 07, 1990 Regular Town Commission Meeting, it had been her intention to appoint Mr. Robert Selby as a Regular Member of the Board of Adjustment rather than to re- appoint him to his position as an Alternate Member. This matter may be re-addressed at the December 04, 1990 Regular Town Commission Meeting. • Mr. Arlen Voress, Chairman of the Water Resources Advisory Board, reported to the Town Commission that the Members have reviewed South Florida Water Management District's six mandatory conservation elements, five of which the Town already has in place. With regard to the element that is not in place, the Water Resources Advisory Board recommends that f Town Commission Workshop Meeting Minutes November 27, 1990 Page 3 of 8 the Town Commission adopt an ordinance for the Town of Highland Beach relating to Permanent Irrigation. It was noted that any proposed amendment to the Code would be submitted to South Florida Water Manage- ment District for their comment and approval prior to submission to the Town Commission. 90.3 Proposed Ordinances and Resolutions 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING SECTION 9-12.1 (b) (6) OF SECTION 9-12.1 ENTITLED "SATELLITE TELEVISION ANTENNA SYSTEMS" OF THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH PROVIDING FOR SCREENING FROM VIEW. The proposed ordinance, given 1st reading on 11/07/90 and published on 11/16/90, was read by title only by Mayor Boulay. Same will be placed on the December 04, 1990 Regular Meeting Agenda for final reading and consideration. 2. 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, TRASH AND RECYCLING CHARGES. The proposed ordinance, received lst reading on 11/07/90 and published on 11/16/90, was ready by Mayor Boulay by title only. This matter will be an Agenda Item for the December 04, 1990 Regular Meeting of the Town Commission. 3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING SECTION 2-6 ENTITLED "RULES OF PROCEDURE" OF THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH TO PROVIDE AN ADDITIONAL RULE OF PROCEDURE REGARDING TELEVISING OF MEETINGS OF THE HIGHLAND BEACH TOWN COMMISSION; PROVIDING FOR A STATEMENT OF PURPOSE; AND, PROVIDING AN EFFECTIVE DATE. Mayor Boulay read, by title only, the proposed ordinance which had lst reading on 11/07/90 and was published on 11/16/90. Same will be placed on the December 04, 1990 Regular Meeting Agenda for further consideration. 4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ESTABLISHING AND CREATING AN INTERIM SERVICES AND FACILITIES FEE APPLICABLE TO STRUCTURES IN THE TOWN, CERTIFIED FOR OCCUPANCY BY THE BUILDING DEPARTMENT BUT NOT APPEARING ON THE PALM BEACH COUNTY TAX ROLLS AS AN IMPROVEMENT TO REAL PROPERTY; PROVIDING A METHOD OF COMPUTATION IN ARRIVING AT THE FEE TO BE CHARGED CONSISTENT WITH THE ORDINANCE; PROVIDING DEFINITIONS; Town Commission Workshop Meeting Minutes • November 27, 1990 Page 4 of 8 PROVIDING FOR THE APPLICATION OF THE INTERIM SERVICES AND FACILITIES FEE WITHIN THE TOWN OF HIGHLAND BEACH; PROVIDING A PROCEDURE FOR COLLECTION OF THE SAID FEE; PROVIDING FOR THE CREATION OF A LIEN UPON REAL PROPERTY FOR THE FAILURE TO PAY THE INTERIM SERVICES AND FACILITIES FEE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND, PROVIDING FOR AN EFFECTIVE DATE. The proposed ordinance, given 1st reading on 11/07/90 and published on 11/26/90, was read by title only by Mayor Boulay. This matter, which will be further researched by the Town Attorney, will be placed on the December 04, 1990 Regular Meeting Agenda at which time the Town Attorney will make a recommendation as to whether or not the proposed ordinance should be adopted. 89.15 Discussion re preliminary master plan for park behind Town Hall submitted by Urban Design Studios Mayor Boulay noted that more comments from the public were received with regard to the proposed park behind Town Hall. After brief discussion, it was the consensus to postpone this matter to the December 26, 1990 Workshop Meeting of the Town Commission. 90.4 Discussion re Gee & Jenson Bike Path Enczineerina Stud The Mayor acknowledged receipt on Monday, 11/26/90, of the Bike Path Bid Specifications submitted by Gee and Jenson. The idea of the Town Com- mission making an inspection of the bike path (as a body), as discussed at a previous meeting, was abandoned although such inspection was recom- mended by the Town Manager. ' During discussion of proposed improvements to the bike path, Commis- "w sinner Chambers questioned if the Town Commission wants to commence with the improvements during the busy season when the part-time residents are in Town or should this matter be put off for three months or so. The Mayor stated "no matter when it is done, it will inconvenience some people; we try not to inconvenience those who spend three months in Town while the 12 months residents are always inconvenienced." Following substantial discussion of this matter, it was the unanimous consensus to go forward with bids for the proposed improvements to the bike path. MISCELLANEOUS - ITEMS LEFT OVER Status of Building Development in Town . The Commissioners received the "Status of Building Development in Town Report", prepared by the Building Official, as information. Town Commission Workshop Meeting Minutes • November 27, 1994! Page 5 of 8 At this time, Commissioner Chambers informed the Members that two large poured concrete standards that will hold electrical signs have been erected between the bike path and A-1-A at the Villa Mare and Villa Costa sites. The Commissioner, noting the Community Appearance Board approved this matter, stated it was his feeling that the developer should obtain permission from the Florida Department of Transportation for said signs; and, further noted that he would like to see the Town artfully negotiate the absence of the signs. It was noted that the Town has no jurisdiction in the right-of-way. Minutes for approval at December Regular Meeting Two sets of Minutes to be submitted for approval at the December 414, 1990 Regular Meeting were reviewed. Amendments to the October 30, 1990 Workshop Meeting Minutes were suggested and same will be incorporated prior to submittal for approval. REPORTS - TOWN COMMISSION Vice Mayor Bill Paul Vice Mayor Paul extended thanks to the Town Clerk for her report on the statewide conference of Town Clerks held in Sarasota. The Vice Mayor, noting the November Newsletter contained a note request- ing resident/owners on the West side of A-1-A direct their lawn sprinklers away from the bike path and refrain from watering their laws after 5:30 A.M., questioned if our Police Officers could perhaps check to see if the people are cooperating in this regard. Commissioner Marvin A. Waldman No report. Commissioner Betty Jean Stewart r r .~ r .. ,,,,,,,~.. When Commissioner Stewart questioned if the signs warning of the pipe- line crossing the Intracoastal Waterway have been replaced, the Town Manager advised that same have been ordered but have not, to date, been delivered. Commissioner Stewart reported that she requested (and received) informa- tion with regard to procedures and time-frames relating to amending the Town Charter. Concerned with the section of the Charter pertaining to the business of issuing bonds and raising sums of money (if the Town has good cause to do something), Commissioner Stewart thinks it is only right that the public should have a say in such matters as they are in- • volved in the expenditures. An ordinance to change the Town Charter in Town Commission Workshop Meeting Minutes November 27, 1990 Page 6 of 8 regard to Commissioner Stewart's concerns is to be drafted for first reading at the December 04, 1990 Regular Meeting of the Town Commission. Commissioner Harold C. Chambers Commissioner Chambers reported receiving comments from residents in the Russell Drive and Highland Beach Drive area regarding carports (upright steel piping with a canvass top). The Commissioner questioned if the Town Commission would be interested in giving consideration to this matter. The Building Official advised that would not be allowed under the Town Code. The Town Commission did not support further consideration of this matter. Mayor Joseph A. Boulay Mayor Boulay, announced that the Board Appreciation Luncheon has been set for Thursday, November 29, 1990 at noon at the Holiday Inn. The Mayor reported the Town is being decorated for the Holiday Season and asked if there were any comments with regard to the 'Red Bows' being placed on the Town Trees. When Commissioner Stewart questioned if there was any reason why the bows could not be placed on all trees in Town, it was noted the Town purchased all available bows to date and would check to see if it would be possible to obtain more. REPORTS - TOWN ATTORNEY Town Attorney Sliney, noting his associate Ken Zeilberger was present for most of the Meeting, advised he is acclimating Attorney Zeilberger with the Boards as he will, at times, substitute for Attorney Sliney. The Town Attorney noted that the 'Discussion re Milani and Milani Holdings Ltd.' took place earlier in the Meeting, immediately followin~ ~.- Agenda Item 90.1 (Public Comments and Requests). Attorney Sliney reported that he is in process of drafting a settlement agreement (which agreement will be submitted to Attorney Patricia Silver) with regard to the Concordia matter. The Town Attorney noted that same may be submitted to the Town Commission for review at the December Workshop Meeting. The Town Attorney advised the Commission that the Appellate Division upheld the findings of the Town's Code Enforcement Board with regard to the Visco matter. REPORTS - TOWN MANAGER The Town Manager noted that at the previous Town Commission Meeting, the Commission chose not to increase the water rates until it reviewed the matter further. Following discussion, it was the consensus of the Town Commission to increase the water rate to $0.90 per thousand for the Town Commission Workshop Meeting Minutes November 27, 1990 Page 7 of 8 first 10,000 gallons; $1.00 per thousand over 10,000 gallons with the unit charge remaining $3.00 per unit per month with reevaluation given to this issue midyear. A proposed ordinance will be placed on the Agenda for the December 04, 1990 Regular Town Commission Meeting for first reading. Town Manager Mariano reported that a meeting is scheduled with Boca Raton the week of December 03, 1990 with regard to the Interlocal Agreement relating to Police Department Communication. The Town Manager will prepare a report on this matter for the December 04, 1990 Regular Meeting of the Town Commission. Regarding the anticipated proposal from Boca Raton regarding Fire/Rescue Services, the Town Manager, noting same has not to date been received, requested and received authorization from the Commission to submit a letter to City Manager La Sala (to be copied to each Boca City Commis- sioner) apprizing him of the situation with regard to our requested proposal. Following discussion, it was the consensus that a Special Meeting of the Town Commission should be scheduled for the purpose of discussing the Fire/Rescue issue as well as the requested proposal re- garding the installation of cluster wells to more closely monitor the movement of the salt water wedge to be submitted by J. M. Montgomery. The date for this Special Meeting will be determined at the December 04, 1990 Regular Town Commission Meeting. Town Manager Mariano reported that, as a member of the Municipal League Task Force Committee, she will be attending a Meeting of same in West Palm on Wednesday, November 28, 1990 for the purpose of reviewing the overall goals of the League. The Town Manager noted that the League is in the process of looking to hire an Executive Director to replace the former Executive Director who resigned to run for a County Commission seat. A discussion regarding mileage reimbursement by the Town (to bring the Town in line with the I.R.S. standard mileage rate of $0.26) was held. Following deliberation, Commissioner Stewart requested the Town Manager submit data to indicate just what the cost to the Town would be if mileage reimbursement is increased; same will be provided as soon as available. There being no further business to come before the Town Commission at this time, Mayor Boulay adjourned the Workshop Meeting at 4:40 P.M. U 'own Commission Workshop Meeting Minutes ' November 27, 1990 Page 8 of 8 ~; APPROVED : "_~~~~ ( ~~ .. '~-``~`~' J, e A. Boulay, Mayor wiliiam ~. raul, vice Mayor ~~`"~ -, arvin A. Waldma~n~,--Commissioner Bett Je~a~a Ste~/a~t, Commissioner ~;; ~ ~~ ~~. . -7 . ~ _ - , Harold C. Chambers, Commissioner A'~!~ FMS T ate : ~ ~i~„~,~.,c.ah-~~-_ ~~ _ / ~l ~d • :~EfdT~ B'r ;,rr1p:1 PBi,. r~FFICE ; 11-~6-~ _ i~: , .!0 /il " ~ t~ Selvinp the world s L./v EnvnonmenSel N9edR 2328 rOtn Avenue. Norrn FiBh Floor. Like Worth. Florida 33461 zz~8.oaaa3.l.a .NiIM James M. Montgomery --.~ __ ~ ~.__ . __ ___...__.... r __. - ---~--.----. .. __.._ __ _ Consulting Engineers lnc. LJ November 26, 1990 Ms. Mary Ann Mariano Town Manager Town of Highland Beach 3814 South Ocean Boulevard Highland Beach, Florida 33431 SUBJECT; Wellfield Model Review bear M®. Mariano: $~POr`o!tf t I'!'I ,.nfi ~1Ayn James M. Montgomery, Consulting Engineers, Inc. tJMM) is pieaaad to provide you with this review of the Wellfield Modeling Evaluation performed for the Town of Highland Beach in 1986, specifically with regard to the simulation of a possible wellfield located at the southeast corner of I-95 and the C-15 canal. The model was used to evaluate the impact of the additional pumpage of 1 million gallons per day (mgd) upon the existing condition of the western wellfield pumging 1.26 mgd. The report concluded that the wellfield at the I-96/C-15 canal intersection has a minimal impact on the existing wellfield. The conclusions appear to be based on bound hydrologic principles, although a further detailed study would be necessary to independently confirm the results. On November 20, JMM met with South Florida Water Management District (SFWMD) personnel to discuss the modeling rppe-rt and th4+ devclopment of a weltCeld at th+e I-96lC-15 canal intersection. The SFWMD indicated that based upon a comparison of the three alternative welifields modeled, they believed the I-9510-15 canal intersection to be the location with the 18aet hydrologic impact. They also preferred the development of a wellfield to the direct withdrawal from the C-15 canal because of the potential conflict with the Lake Worth Drainage District. There remains a concern about the impact upon saltwater intrusion, but it waa ai:reed that the 14A6 model roport supported a favorable outcome. The SF'WMD might find it necessary to tgke a more detailed look at the impacts, possibly modeling scenarios which minimize any Iong-term impact by shifting the pumpage Seasonally between the western wellfield and any additional wellfield. This scenario would depend, in part, on the specific hydrologic conditions found at any new wellfield site. One additional concern mentioned was the potenti,sl for any groundwater contamination originating from Hardrives of betray on Congress Avenue, and the relationship of the site to the FaIm Beach County Wellfield Protection Ardinancs. $ased upon our review of the modeling repast and our meeting with the SFWMD, JMM beIieveS that the Town of Highland Beach should further pursue a wellfield at the intersection of I-95 and the C-16 canal. it is our recommendation that the ne:t step should be to perform a detailed evaluation of the hydrola e feasibility of the site. And t~ invaatigate the likelihou:~ ~f ywl,alreing she appTOpT~ate easements t0 t~e property. Please let uS know haw we can be of any further assistance. Respectfully, Jonathan $. WeiSg, P.E., P.t;E. Supervising I-Iydrogealogist /jd