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1987.07.28_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, July 28, 1987 1:30 P.M. The Workshop Meeting of the Town Commission was called to order by Mayor Betty Jean Stewart in the Chambers at Town Hall. Also present were Vice Mayor Mary Louse 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, Town Clerk Mary Ann Mariano, and various members of the general public. 87.1 Public Comments and Requests: Mr. Jose Echeverria of Russell Drive inquired as to whether the paving of Russell Drive was included in the upcoming 1987/88 budget. Ms. Evelyn Houck of Russell Drive urged that the Town Commission seek a more equitable way of assessing fees for garbage and trash service. Ms. Houck also urged that the Town Commissin strive to keep the water rates down . 87.2 Boards and Committees: • Vacancies noted were as follows: Board of Adjustment - 1 Alternate Member Code Enforcement Board - 1 Regular Member Police Advisory Board - 1 Alternate Member Ms. Pamela Perona, Talent Bank Applicant interested in the Code En- forcement Board, was interviewed. Ms. Perona told of her background in Port St. Lucie on the Town Commissin as well as serving as Vice Chair- man of the Port St. Lucie Code Enforcement Board. This vacancy will be addressed at the August 4, 1987 Regular Meeting. 87.3 Proposed Ordinances and Resolutions: 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE TOWN CODE OF THE TOWN OF HIGHLAND BEACH, CHAPTER 18, ENTITLED "OFFENSES-MISCELLANOUS" BY THE ADDITION OF SECTION 18-17 TO BE ENTITLED "SMOKING WITHIN MUNICIPAL BUILDINGS PROHIBITED". (1st Reading 7/7/87-Published 7/17/87) Vice Mayor Blosser reiterated her concern as to whether the Town could adequately enforce such an ordinance. Attorney Sliney cited Florida Statute 386.209 (Clean Air Act), noting that this act covers municipal- ities. Other Commissioners felt that the state statute would serve the Town Commission Workshop Meeting July 28, 1987 • Page 2 of 8 Town's needs with an in-house policy drawn. This proposed ordinance will be placed on the August 4, 1987 Regular Meeting Agenda for further consideration. 2. PROPOSED ORDINANCE INCREASING GARBAGE FEE5 The Town Manager's proposal for an ordinance to increase garbage rates was then discussed. Mr. Williams noted that the Solid Waste Authority is planning to increase its tipping fees. Also, the Town's present contract with County Sanitation allows for certain inreases within limits. Although the exact figures are not known at this time, Mr. Williams recommended that the Town draw a proposed ordinance in order to have same enacted in time for the new fiscal year. Commissioners Basso and Scholz both asked whether an ordinance was necessary to in- crease fees and whether this could be accomplished administratively. Attorney Sliney stated that since the original rates had been estab- lished by ordinance, all amendments should be treated the same way. Mayor Stewart further noted that an amendment to increase garbage fees was not one in which the Town had any choice, inasmuch as the increase in tipping fees is being imposed on the Town by the Solid Waste Author- ity and passed through by County Sanitation. • Substantial discussion took place regarding the matter of newspapers being disposed with garbage and trash and accounting for much of the weight being dumped. A suggestion was made as to providing a service wherein a dumpster would be placed behind Town Hall for the newspapers and disposed of for profit. It was the consensus of the Town Commission that this method would not be cost effective to the Town. With regard to an outside service collecting the papers from behind Town Hall, Mayor Stewart raised the question as to who at the condomin- iums would be responsible for individual collection and transporting the newspapers to the Town Hall site. It was noted that Regency High- land is currently paying $44J.0P! per month for the disposal of newspaper waste. Boynton Beach presently has a program of newspaper collection which will be studied and reported on by the Town Manager. Doris Rome, resident of Ambassador's East, addressed the Town Commis- sion and stated that her husband was in the paper business and felt that the cost savings in providing a place behind Town Hall would not be worth the nuisance, inasmuch as paper attracts bugs and rodents. Vice Mayor Blosser concurred in this opinion. Mr. Williams was still directed to write to each of the condominium presidents to determine what their recommendations would be in this regard and what assistance could be offered. A proposed ordinance with revised rates will be drawn and placed on the • August 4, 1987 Regular Meeting Agenda for first reading. v Town Commission Workshop Meeting • July 28, 1987 Page 3 of 8 3. PROPOSED ORDINANCE REVISING WATER RATES Discussion regarding a proposed ordinance revising water rates was deferred to a later date at the request of the Town Manager. 4. PROPOSED ORDINANCE RE PROTECTION OF SEA TURTLES A proposed ordinance re the protection of sea turtles was discussed. Mayor Stewart noted that the Town should have some legislation on the books regarding this matter, citing that the City of Boca Raton had re- cently adopted its own ordinance. Commissiner Scholz noted that the 6/19/87 draft of the county ordinance which had been distributed was up for first reading by the County Commission today. There is a provision in the proposed county ordinance which includes incorporated areas in the requirements. Mr. Williams stated that there is a County Charter provision that allows municipalities to opt out of some requirements promulgated by the County. The Town Attorney was asked to check on this item. Commissioner Scholz noted that the county proposed ordinance was volum- inous and contained some provisions which would be enforcement problems • in Highland Beach, citing Section 2(6) requiring the tinting of windows and also another section involving beach cleaning contractors and the possible enforcement problems. Commissioner Robinson noted that he would like a chance to study the Boca Raton ordinance and felt that the Town should do whatever was possible to protect the turtles, but not at the expense of the Town residents. Mayor Stewart will distribute a copy of the Boca Raton ord- inance to the Town Commission for review inasmuch as they had not been supplied with a copy by the Town Manager. This matter will be placed on the August 4, 1987 Regular Meeting Agenda for discussion. 5. RESOLUTION AUTHORIZING THE EXECUTION OF A POLITICAL SUBDIVISION PROGRAM AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND THE TOWN OF HIGHLAND BEACH TO ADOPT A POST-DISASTER REDEVELOPMENT RULE. This matter will be an item on the Special Meeting Agenda being held later today. Attorney Sliney noted that the only change made was the indemnity language which had been supplied by the Department of Commun- ity Affairs. The next matter discussed was the pending Broadview/Hoffman Agreement, which item was listed under the Town Attorney's report. Attorneys Lee Worsham and Ken Slinkman were present representing the Broadview and . Hoffman parties respectively. Substantial discussion took place as to the verbage in the Letter of Credit. It was noted that the Agreement Town Commission Workshop Meeting . July 28, 1987 Page 4 of 8 itself had been approved by the Town Commission pending the opinion of the Town Attorney that all the documentation was satisfactory. It was agreed by the Town Commission that the Letter of Credit should be amen- . ded to include protection for all utility lines in lieu of just the water lines, and further that the date be amended from August 15, 1987 to November 1, 1987. Concern was expressed as to the condition the bike path is being left in by the workers on the site. A letter will be submitted to the Town Attorney assuring the cleaning of the bike path, or authorizing the Town to bill for any necessary cleaning. This matter will be further discussed at the August 4, 1987 Regular Meeting. The Workshop Meeting was then recessed to hold a Special Meeting. Upon re-convening the Workshop Meeting, the following matters were taken up: 87.9 Discussion re conducting of updated Community Surve The 1981 survey was discussed with it being noted that some of the items on that survey were outdated. Commissioner Robinson felt that there were four issues of current concern, being zoning, the widening • of AlA, the proposed public park, and water. There was some concern expressed in that if some of the .questions were asked, that amplifica- tion should be given to the residents in assisting with their answers. Mayor Stewart felt that most questions could already be answered by other documentation in Town, i.e., water useage. Commissioner Robinson will revise a proposed questionaire with the suggestions of today for the August Workshop Meeting. Mr. Williams then introduced Stanley Novak, applicant for the position of Chief Accounting Officer. It was Mr. Williams' recommendation that Mr. Novak be hired in this position, however, under the Town Code, such hiring must be ratified and a salary set by the Town Commission. Mr. Williams recommended that Mr. Novak's salary be set at $26,~lg0. The Town Commission noted that a Letter of Understanding regarding the six month probationary period, as well as other personnel requirements, was in order. The hiring of Mr. Novak will be placed on the August 4, 1987 Regular Meeting Consent Agenda for ratification. This meeting was again recessed to re-convene the Special Meeting. Upon re-convening the Workshop Meeting, the following items were taken up: 87.17 Discussion re Long and Associates Personnel Survey • Mr. Williams noted that the Financial Advisory Board had only given this matter a cursory review and that an in-depth study would be had by I Town Commission Workshop Meeting July 28, 1987 • Page 5 of 8 the FAB, later in the month, along with consideration of the Town Manager memorandum, dated July 24, 1987. The Town Commission re- scheduled its consideration of this item until the August Workshop Meeting. REPORTS - TOWN COMMISSION: Mayor Bettv Jean Stewart Discussion ensued regarding the July 27, 1987 Boca Raton City Council Meeting wherein the Town of Highland Beach's Long Term Water Report was discussed. It was the consensus of the Town Commission that Jay Ameno of Camp Dresser & McKee, the Town's engineers, made an incomplete presentation on behalf of Highland Beach and that an effort should be made to supply Boca Raton with additional information on the Town's needs. It was also noted that the Town was unaware that Mr. Ameno was to appear on behalf of the Town at this meeting. At the Boca Raton Meeting, this matter was considered by their City Council with the impression that the Town of Highland Beach is requesting the provision of lg0°s of its water needs from Boca Raton. The Town Commission is only considering the request for "peak shaving" needs from Boca Raton • at this time. Mayor Stewart noted that Highland Beach is looking to be sure that we can open our lines for emergency use more freely with better access than presently outlined in the existing Agreement. It was noted that Boca Raton will be meeting with their engineers, who are also Camp Dresser & McKee, on August 10, 1987 to discuss their Master Plan. The Town Manager will attend this meeting as an observer. It was the consensus that Highland Beach should provide Boca Raton with more adequate information as to Highland Beach's needs prior to that meeting. Mr. Williams will write a letter of clarification to Boca Raton City Manager Rutherford to be distributed to the Highland Beach Town Commission for review at the July 31, 1987 meeting which is scheduled to further review the Long Term Water Report. A cover letter will be sent, along with copies of the Town Manager's letter, to the Mayor and each Council Member of Boca Raton. Mayor Stewart then discussed a letter, dated July 14, 1987, from York Hannover Development, Ltd., regarding the westside Connaught property, and asking whether the Town would have any interest in acquiring same. Mayor Stewart stated that she felt that Southern Bell and Centel might have an interest in the parcel and that this information had already been furnished to York Hannover. It was further noted that this west side parcel, which is adjacent to the Town Hall proper, includes an eastside easement to the beach. No action was taken on this matter. With regard to a July 23, 1987 memorandum from the Mayor on Hurricane • Procedures, Mayor Stewart requested comments from the Town Commission, as well as the Chief of Police, Town Manager, Town Attorney and Utili- ties Director. Vice Mayor Blosser noted her concern in the notifica- tion of residents after a hurricane as to the safety in returning to Town. The other members of the Town Commission did not have their I Town Commission Workshop Meeting July 28, 1987 • Page 6 of 8 copies of this memorandum and were unprepared to comment at this time. This matter will be discussed at the August 4, 1987 Regular Meeting. Mayor Stewart noted that there was nothing to report yet on the Xeri- scape Ordinance. Mayor Stewart further stated that the proposal which had been submitted to the Town Commission for a proposed Xeriscape of the Town Hall plan could be brought down in cost. Mayor Stewart then recommended that the Town consider the adoption of an ordinance which would require developers to provide traffic and water impact studies on all developments of four units or more. Reply- ing to Vice Mayor Blosser's inquiry, Attorney Sliney noted that due to the recent Glendale land use case, zoning in progress would not be an appropriate avenue to follow at this time. Mr. Williams suggested that any proposed ordinance requiring impact studies require that such studies be done by a registered professional to assure credibility. A proposed ordinance will be drawn for first reading at the August 4, 1987 Regular Meeting. Vice Mayor Mary Louise G. Blosser - • Replying to Vice Mayor Blosser's inquiry, Mr. Williams stated that the statistical information from the Palm Beach County Fire/Rescue Depart- ment was on the clipboard. Commissioner John J. Basso - No report. Commissioner David T. Robinson - Commissioner Robinson asked whether the Town would want to adopt a Resolution supporting the holding of a referendum to increase the Palm Beach County Commission from five at-large districts to seven single- member districts. It was the consensus of the Town Commission that such Resolution be drawn for the August 4, 1987 Regular Meeting. Commissioner Robert F. Scholz - No report. REPORTS - TOWN ATTORNEY: Attorney Sliney reported on the status of the Broadview, Hoffman, Boca Hi, Concordia, Drexel and Itco litigation. With regard to the Palm Beach County lawsuit on the Jap Rock Issue, Attorney Sliney noted that the County had filed a Motion to Dismiss, which is pending. Attorney Sliney noted that he needed guidance as to which aspect of the case the Town wanted to pursue. If the Town wants to persue the zoning aspect, then Attorney Sliney feels that the Town • should retain experts to perform traffic and land use impact studies. Attorney Sliney was asked to provide the Town Commission with a list of I Town Commission Workshop Meeting July 28, 1987 • Page 7 of 8 anticipated costs for the requested experts and the time frames, etc., in order for the Town to make its determination. Attorney Sliney then noted correspondence from Mr. Purcell of Boca Cove regarding a mortgage problem due to the Town's present provision of not allowing the re-building of non-conforming structures over 70~ damaged. Attorney Sliney noted that the Town might want to look at this issue to see whether a revision of this section of the Code is in order. Mr. Williams will check with the Florida League of Cities for input into this matter. Mayor Stewart noted that the Town should also check the flood insurance requirements in this regard. REPORTS - TOWN MANAGER: It was noted that the matter of the Chief Accounting Officer had al- ready been addressed. With regard to the report on expired sales trailer permits, the Build- ing Official will report on same at the August 4, 1987 Regular Meeting. With regard to the fire tax legislation, Mr. Williams reported that a • local act allowing municipalities to assign the fire service portion of their tax bill to the County had been passed. This would need to be accomplished by referendum. Further information will be supplied to the Town Commission at an early date. A Summer Sprint Series Triathalon will be held through Town on August 22, 1987. This event will be completed before 8:30 a.m. It was noted that appropriate insurance coverage had been provided to the Town. No additional police services will be required and the county paramedics will be available. The Town Manager's memorandum dated July 28, 1987 regarding the tele- phone bids received was discussed. Mr. Williams recommended that this bid be awarded to Bel South in a total amount of $6,817, which includes an uninterruptable power supply unit, showing the Town Commission the actual product to be received. It was noted that the Town had budgeted $7,500 for this item. This system does have the capabilities for any future computer uses the Town might want to pursue. This matter will be placed on the August 4, 1987 Regular Meeting Agenda for further discussion and possible action. Mr. Williams reported on a pre-construction conference held at the office of Russel and Axon on the improvements to the Bel Lido Bridge wing walls. Construction should start within three weeks with comple- tion approximately four weeks thereafter. Mayor Stewart stressed that Ms. Harbin, President of the Bel Lido Homeowners Association, should be • adivsed as to all action taking place on this matter in order to advise the residents in Bel Lido. The Town Manager will have a written report I Town Commission Workshop Meeting July 28, 1987 • Page 8 of 8 to submit on this matter at the August 4, 1987 Regular Meeting for sub- sequent transmittal to Ms. Harbin. With regard to the Local Option Sales Tax, Mr. Williams advised that should the county take advantage of same, the Town's share could be $159,000 based on l~ or $40,000 based on 1/40. Mayor Stewart noted that the Department of Community Affairs was form- ing a committee and looking for candidates. The information on this matter will be placed on the Town Commission desk in Town Hall. There being no further business to come before the Town Commission at this time, the meeting was adjourned at 5:15 p.m. APPROVED : -~ / ~~' Betty can Stewart, Mayor • Mari L ise G~Blosser, Vice Mayor n ~~.,,.rtaasso, commissioner .-- __ .- ~z'"' ._ David T. Robins Commissioner ~'--__ .-- ~~ , Robert Scholz, Commissione --A.T S T : ~~ N CL RK DATE: ~Z- ~ ~~