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1988.03.29_TC_Minutes_Workshops ~ r~ LJ TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, March 29, 1988 1:30 P.M. A Town Commission Workshop Meeting was called to order by Mayor Betty Jean Stewart in the Commission Chambers at Town Hall. Also present were Vice Mayor John J. Basso and Commissioners Doris R. Rome, David T. Robinson and Robert F. Scholz. Also. present were Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Building Official Bruce Sutherland, Deputy Town Clerk Anne M. Kowals and members of the general public. ADOPTION OF AGENDA: As there were no additions or deletions to the Agenda, same was adopted as submitted. 88.1 Public Comments and Requests: None. 88.2 Boards and Committees: Three Regular Member vacancies on the Community Appearance Board as well as one Regular Member vacancy and one Alternate Member vacancy on the Planning Board were noted. Mayor Stewart strongly urged the Town Commission to seek out members to serve on the various Town Boards. Talent Bank Applicant A. M. Fox, Jr ., was interviewed by the Town Com- mission. Mr. Fox stated he has been a Regular Member of the Board of Adjustment for approximately two years and it is his wish to serve on the Planning Board. A graduate of the University of Virginia, School of Engineering, Mr. Fox is a licensed Professional Engineer (Civil Engineer) in the State of Virginia. Possible appointments will be up for consideration at the April 5, 1988 Regular Meeting of the Town Commission. A memorandum from the Planning Board in regard to the Centel Cable T. V. Co. of Florida was noted. Town Manager Mariano advised the Code Enforcement Officer issued a citation to Centel for having installed a satellite dish behind the elevated water tower in back of Town Hall without proper permit. There are two satellite dishes installed in that area that are not in compliance with the Ground Lease Agreement. The Town Manager stated she is anticipating a letter from Mr. Hutton, Vice President of Centel, requesting direction from the Town as to what Centel must do to come into compliance. Until such letter is received, the Code Enforcement Board has jurisdiction in this matter which is a code violation. Town Commission Workshop Meeting March 29, 1988 Page 2 of 8 88.3 Proposed Ordinances and Resolutions: AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 29, ENTITLED "WATER SYSTEM", SECTION 29-11 ENTITLED "BILLING DATES, DELINQUENT BILLS, DISCONNECTION". The above proposed ordinance had its first reading on March 1, 1988, and was published on March 11, 1988. The Mayor read the proposed ordinance into the minutes. Same will be placed on the Agenda for the Regular Meeting on April 5, 1988, for possible adoption. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, REPEALING RESOLUTION N0. 458, ADOPTED DECEMBER 6, 1983, ESTABLISHING A POLICE ADVISORY BOARD. The above proposed resolution is to be coupled with the following: A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ESTABLISHING CRITERIA FOR A LAW ENFORCEMENT REVIEW BOARD IN COMPLIANCE WITH F.S.S. 112.533. . The Commission Members questioned if the Law Enforcement Review Board would be permanent or dissolved upon conclusion of an assignment. It was noted that the intent was to dissolve the Board after the conclusion of an assignment, which fact shall be clarified in the proposed resolu- tion. After much discussion, it was agreed that the above proposed resolutions should be placed on the Agenda for consideration at the April 5, 1988, Regular Meeting of the Town Commission. 87.18 Discussion re. microfiching of Town records and updating Town Code: It was noted that the background of this matter was given to the Town Commission in 1986 and therefore, the figures quoted by the code compa- nies at that time are no longer in effect. The Town Manager will request updated information which will include a policy regarding payment of such costs. Upon receipt of the current quotes, the Town Manager will be able to determine if something should be done before the next budget year. This matter will be carried on the Agenda for the April Workshop Meeting. Town Manager Mariano noted that with regard to the microfiching, the Town Commission prefers to address the matter of updating the Town Code before microfiching of the Town records. Figures for the microfiching will be requested in time for the next budget year. 88.4 Hidden Harbor Project: A letter from Attorney Worsham, dated 3/11/88, regarding completion of work on the Hidden Harbor Project requesting an extension or renewal of Town Commission • March 29, 1988 Page 3 of 8 Workshop Meeting the Town permit was noted. Mayor Stewart advised that she, Town Manager Mariano, and Building Official Sutherland have been invited to attend a meeting (relating to Hidden Harbor) at the DER Building in West Palm Beach on April 6, 1988, at which time Attorney Worsham will also be pre- sent. Town Manager Mariano stated that if the Town Commission wanted to hear from Attorney Worsham at this time, his comments should be limited to the scope of his letter. Mayor Stewart said she would prefer the Town Commission await the out- come of the April 6,.1988, meeting before addressing this matter. Attorney Worsham advised construction at the site has ceased due to the action of the Code Enforcement Board which gave Hidden Harbor until April 17, 1988, to either complete the work or to get into compliance by obtaining a permit from the Town. Attorney Worsham felt that unless some action can be taken at this point, they will be in violation of the Code Enforcement Board's ruling, thereby requesting an extension of the permit (conditioned on the termination of the negotiations with DER). Town Manager Mariano stated the citation was issued for working without a permit; Attorney Worsham indicated work has ceased at that site there- fore, Hidden Harbor is not in violation at this time. Mayor Stewart • noted Attorney Worsham would be contacted following the April 6, 1988, DER meeting. 88.9 The Brandt/Marcy Seawall: A memo from the Building Official, dated 3/2/88, advised the Town Commission that Brandt/Marcy is seeking approval for construction of a seawall on their property (Lots 130 and 131 West). Approvals were granted by the Army Corps of Engineers, Department of Environmental Regulation and the Highland Beach Building Department. Mayor Stewart stated this matter will be up for consideration at the Town Commission Regular Meeting on April 5, 1988. 88.10 Review of Hurricane Procedures: Mayor Stewart noted that last year, the Town Commission put into place their first outline of the hurricane procedures. Upon review of the present procedures, Mayor Stewart questioned if anything should be done to amend same. Town Manager Mariano advised there had been some confusion regarding the procedures during the strong storm of last October. There should be a more systematic way of showing who is responsible for each step to be taken. The Town Manager will review the procedures in regard to respon- sibilities (by job title) in order to clarify implementation of the • policy. This will be placed on the April Workshop Meeting Agenda. Town Commission Workshop Meeting • March 29, 1988 Page 4 of 8 REPORTS - TOWN COMMISSION: Mayor Betty Jean Stewart: Mayor Stewart received a memo from Joseph F. Bergeron, CPA, Director Engineering Fiscal Management, re. F.Y. 1988/89 C.O.P. Budget, request- ing municipalities supply that office with a suggested list of proposed capital improvements by May 1, 1988. When Mayor Stewart inquired if the Commission had some thoughts regarding this memo (perhaps there could be some things needed like jails, etc.), Commissioner Robinson stated that may be part of the courthouse referendum in November. Mayor Stewart advised a letter that will include the suggestions, in the order of priority, will be forwarded to the County. Mayor Stewart received a letter from the Palm Beach Soil and Water Conservation District requesting the Town proclaim April as Arbor Month. Further, Mayor Stewart advised that Mr. Bruce Adams of South Florida Water Management District will be at Town Hall on Tuesday, April 5, 1988, to erect signs indicating our Xeriscape Landscaping is a SFWMD Project. The Town Commission agreed that a ceremony to commemorate Arbor Day on April 5, 1988, in the Town of Highland Beach should follow the Regular Meeting of the Town Commission on that day. Mayor Stewart noted the Greening Committee of A-1-A submitted a memo re. planting of trees from donations received this year. The Greening Com- mittee is awaiting bids and, upon receipt of same, they will go with the low bid and begin planting. Mayor Stewart is awaiting a reply to her memo of 3/16/88 addressed to Community Appearance Board Chairman Harris requesting information as to the total number of trees and amount of fertilizer that will be required for the Greening Committee Project. The Town Commission will then put that information into a permanent budgetry of items to be considered next year. In a discussion regarding zoning changes, Mayor Stewart noted that the Planning Board ordinarily starts and creates them, they then recommend the zoning changes to the Town Commission and, through a system of pub- lic hearings, these matters are not only heard by the community but are adopted. The Town Commission has the right and the responsibility to request the Planning Board attend to these items immediately in order to correct a situation which was thought to be in place and appropriate. Regarding the high-rise setback requirements, Mayor Stewart noted that the 25' height was found to be very easily manipulated. Town Manager Mariano recommended deleting "West of A-1-A" and repealing paragraph (b) completely of .Section 13.7 of Chapter 30 so that any structure will be measured from the crown of the adjacent roadway, be it East or West. Building Official Sutherland said that would work fine with the high- . rise but not with the single family. The Town Manager then suggested keeping paragraphs (a) and (b) and treating the issue as single family and multi-family. At this point, Mayor Stewart requested the Building Official write a section to cover this matter. Town Commission Workshop Meeting March 29, 1988 Page 5 of 8 During review of a recent project, we were informed that the 24!' side setback requirement in the code was improperly passed and would need to be incorporated immediatedly by the Planning Board and Town Commission. A discussion regarding maximum building height indicated that most of the districts in Town are 60' and below at maximum; only in the RMH area does the height exceed the 6P!'. It was suggested the height in the RMH district might be lowered to require a 50' height that may be increased to 60' height where one parking level is located throughout the area beneath the principal structure (which now exists in every other district where there is a maximum height). Mayor Stewart noted that John E. Ward, Chairman of the Planning Board, submitted a recommendation to the Town Commission that would require a building permit be drawn within 12 months, following all necessary approvals, rather than 18 months as is now allowed in the present code. Town Manager Mariano stated it is not really drawing a building permit; the 18 months actually relates to the fact that the site plan approval is no longer valid after that time period and that is what the Planning Board wants reduced to 12 months thereby making it necessary for a deve- loper to return to the Town and start the process for approval to obtain a building permit promptly upon receipt of Town Commission approval. In a discussion regarding the Byrd Beach Section at the North end of Town, Attorney Sliney noted the Town attempted to place the West side and East side under one zoning (RE) district; however, due to the con- figuration of the West side lots which are too shallow, that was not accomplished. We would change the East side from RS to RE which would require a 3fD,fDOfD minimum. square footage. Attorney Sliney explained that in conjunction with an agreement with the property owners, the Town needs to rezone that district and have the zoning map show the zoning category will change from RS to RE; the comprehensive plan need not be changed because the land use category is still the same. The area is being built out as RE and the Town will run an ad to show the location, stated Attorney Sliney. A suggestion to classify a little pocket of land at Spaces and Places as Recreation Category was discussed and the Town Commission was advised it would have to be created in the comprehensive plan. Town Manager Mariano indicated that matter was not timely at this time. Attorney Sliney added that is an unusual situation and should be taken by itself at a later date. Mayor Stewart indicated her intention is to do at least the first six (if not the seventh) items as soon as possible because as long as other conditions exist, the Town could have problems in these areas. When the Mayor questioned if the Planning Board and the Town Commission could meet at the same time (run public hearings at the same time), Attorney Sliney advised it should be done as he had been outlined in his procedural schedule. Town Manager Mariano noted the Byrd Beach item would require more time due to the 30 day notification required for the second hearing. Town Attorney Sliney reiterated the schedule he prepared should be followed. Town Commission Workshop Meeting March 29, 1988 Page 6 of 8 • The starting point is the next Planning Board Regular Meeting on 4/13/88 which will trigger the other dates in the schedule, stated Attorney Sliney. The Town Manager noted the language must be in final form as the language of the amendments have to be advertised. Attorney Sliney said everyone is in agreement with what is to be done therefore he doubts there will be any substantial amendments; minor changes may be done without starting all over. Mayor Stewart noted that you try to get the language as close to final form; however, options are still avail- able when the changes are put through. Mayor Stewart will write up these changes on one sheet and submit same to the Planning Board for their consideration. Vice Mayor John J. Basso: No report. Commissioner David T. Robinson: Copies of an article entitled "Cities Finding Public Services Better-Run by Private Firms" were distributed to the Town Commission. Commissioner Robinson stated there had been discussion regarding the Fire Department and what the Town might do to reduce the cost by putting the Town in our own code rather than the County Code. . Following discussion, it was agreed that Commissioner Robinson would look into the private companies to supply this service and Commissioner Rome would research obtaining service from other nearby cities and report back to the Town Commission. Both sectors would include the paramedic services to the Town. Commissioner Doris R. Rome: No report. Commissioner Robert F. Scholz: No report. REPORTS - TOWN ATTORNEY Attorney Sliney reported the litigation re Boca Hi continues and he requested authorization to engage a Real Estate Appraiser for this matter. Following brief discussion, it was agreed this matter will be placed on the Consent Agenda for the April 5, 1988, Regular Meeting. Attorney Sliney submitted a proposed resolution to amend Resolution No. 522 as well as a proposed resolution authorizing the Town Commission to grant waivers from the terms of Resolution No. 522. Following some • ~~ Town Commission March 29, 1988 Page 7 of 8 Workshop Meeting discussion of the proposed resolutions, it was agreed that the resolu- tion re granting waivers would be placed on the Agenda for the April Workshop Meeting; and, the proposed resolution amending Resolution No. 522 was placed on the Agenda for the April 5, 1988, Regular Meeting at which tine possible adoption will be considered, REPORTS - TOWN MANAGER Town Manager Mariano reported that the Budget Transfer and Amendment Policy, which is being plugged into the Town Con+n+ission, was approved by the Financial Advisory Board. Mid-year budget transfers funnel through the Finance Department, Town Manager, Financial Advisory Board and finally the Town Commission because they are an+endn+ents to the adopted budget which will be amended once per year. There were two proposed budget transfers submitted, both of which will be attached to the budget and be a permanent part of the record. Without objections, these will be placed on the Consent Agenda for approval at the April 5, 1988, Regular Meeting. The Town Manager reported that the ICMA Retirement Corporation Pension Plan will be offering investment options to participants. The Retire-- n+ent Board n+et and concurred the Town's funds should remain in the guar- anteed fund while en+ployees contributions may be placed in the varied options. A proposed resolution amending the resolution adopted re the Money Purchase Plan was submitted; and without objections, sane will be placed on the April 5, 1988, Regular Meeting Agenda. Town Manager Mariano noted that with regard to the Interim Well, CDM will subn+it certification and operating schedule to the Town at which time the well will be fully operational. According to verbal con+n+unica- tion with CDM, that well will be on line by the end of April. The Town Manager has requested such information be submitted in writing. The Ammoniated System pipes are near completion; air testing is set for Friday and the electrical work is to be completed this week. Mr. Ameno of CDM gave verbal assurances that the systen+ will be operating within 3 to 4 weeks. We will attempt to get this information from CDM in writ- ing. Further, with regard to the THM Project, Town Manager Mariano noted the Condo Managers will n+eet at the water plant, have a tour and explanation of the new system, on April 7, 1988. Notification letters to all taxpayers notifying of the change in water treatment will be nailed around April 15, 1988. The Xeriscape project is completed; some n+inor planting at the rear of Town Hall, and replanting of several trees will be done. A n+en+o from Utilities Director Jack Lee re. a new 4 wheel drive vehicle for his departn+ent was received by the Town Manager. This matter will be addressed under Iten+s Left Over at the April 5, 1988, Regular Meeting. A new transmitter and digital meter for the elevated water tank is needed. Cost of replacing these iten+s is $2,640. Funds to cover same .• .. ~, c Town Commission Workshop Meeting March 29, 1988 Page 8 of 8 same are available in the enterprise fund. Without objections, this matter will be placed on the Consent Agenda for the April 5, 1988, Regular Meeting of the Town Commission. There being no further business to come before the Town Commission, upon proper MOTION, the Workshop Meeting adjourned at 3:f~f~ P.M. oner ATTE: Date; APPROVED: Bett Jean Stewart, Mayor