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1987.09.01_TC_Minutes_Regularf TOWN OF HIGHLAND BEACH, FLORIDA • Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, September 1, 1987 1:30 P.M. A Regular Meeting of the Town Commission was called to order by Mayor Betty Jean Stewart. 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, Town Clerk Mary Ann Mariano and various members of the gener- al public. After Roll Call the Pledge of Allegiance to the Flag was given. Approval of Minutes: July 28, 1987 ~ Workshop Meeting July 28, 1987 - Special Meeting July 31, 1987 - Workshop Meeting August 4, 1987 -- Regular Meeting The Vice Mayor read a proposed amendment to the July 31, 1987 Workshop Minutes for paragraph 5 of page 2. MOTION was made by COMMISSIONER BASSO/COMMISSIONER ROBINSON to approve the Minutes as amended. This MOTION carried unanimously with favorable votes. Public Comments and Requests: Attorney Lee Worsham, representing Broadview Savings and Loan Asso. addressed the Town Commission citing his letter dated August 25, 1987. The letter requested an extension of their dredge and fill permit until November 30 in conjunction with an extension received from the Army Corps of Engineers until that date. Attorney Worsham further stated that no further extension requests were anticipated. Jose Echeverria, resident and turtle watcher, addressed the Town Comm- ission and gave an update of the turtle activity in Town. Mr. Echeverria further requested that any ordinance which the Town might adopt cover enforcement from May 1 through October 31 of each year. Mr. Echeverria also submitted sample stickers being utilized by the beach cleaning companies to mark the turtle nests for their protection. Mr. Michael Dent of Casuarina addressed the Town Commission urging them to retain the method of taxing for fire/rescue services rather than calling for a referendum which would allow Palm Beach County to collect the taxes directly. Mr. Dent stated that it was his opinion that the Town would jeopardize its control by adopting the proposed MSTU ordi~ nance. Mr. Dent distributed a statistical report he had composed to the Town Commission. Town Commission Regular Meeting September 1, 1987 Page 2 of 7 REPORTS -- TOWN COMMISSION: Mayor Betty Jean Stewart -- With regard to the previously cited letter received from Attorney Lee Worsham requesting an extension of the Hoffman/Broadview permit, Mayor Stewart recommended that this matter be placed on the October Workshop Meeting Agenda. The Town Commission considered a Resolution proclaiming September 16, 1987 as a Celebration of Citizenship Day in honor of the 200th birthday of the Constitution, urging the citizens of Highland Beach to partic- ipate in the various activities being held. Commissioner Basso amended the Resolution to urge the residents to fly the American Flag on this day also. MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER SCHOLZ to adopt the Resolution, which MOTION carried unanimously with favorable votes. Mayor Stewart further noted that additional information on this subject was available on the Town Commission desk in Town Hall. Mayor Stewart reminded the Town Commission as well as the public that a • representative from Senator Chiles Office would be in Town Hall on September 11, 1987 from 10:00 a.m. until 10:45 a.m. to meet with any Town residents. The Town Commission then addressed the water emergency which had been declared at a Special Meeting on Friday, August 28, 1987. Mayor Stewart asked whether the Town Commission wanted to re--address those restric- tions which had been implemented as a result of the August 28, 1987 Meeting. Vice Mayor Blosser noted that it was her interpretation that an emergency affecting life should prompt the enactment of precautions as the Town Commission did in this case. It was noted that as of this date, 2 of the 3 wells being used to determine such emergency still had not come above safe levels. Commissioner Robinson noted that he did not think that those restric- tions implemented by the Town were unreasonable and felt that they should all continue until the well levels rose. Commissioner Scholz agreed in this opinion and felt that from an emergency standpoint, some restrictions would be necessary until the Town has an adequate water supply. Commissioner Scholz felt that the deprivation of auto washing, etc., was not too much to ask of the residents until the Town can assure an adequate supply of water is available. Commissioner Basso echoed in this sentiment and felt that all restrictions should continue until the well levels come above the criteria set by Resolution 507, which was read by Mayor Stewart. Mayor Stewart stated that the present situation prompts the Town to ex- plore the interconnects with Boca Raton and. Delray Beach. Discussion • Town Commission Regular Meeting September 1, 1987 Page 3 of 7 ensued regarding the criteria to be used to determine that emergency interconnects be utilized to obtain additional water. Commissioner Robinson felt that it should be a life threatening situation before the Town seeks additional water from another city i.e. salt water intrusion or for firefighting capabilities. Vice Mayor Blosser read a memorandum from Jack Lee, Utilities Director, dated September 1, 1987, which stated that in his opinion, the present situation was not urgent enough to consider the utilization of the existing interconnects. It was the consensus of the Town Commission that the Town Manager should get addi- tional information for submission to the Town Commission in order to determine criteria to be used in the emergency utilization of the interconnects. The Town Manager will have information on this subject for consideration at the September Workshop Meeting. It was also the feeling of the Town Commission that the Town Manager keep in daily contact with the condominium managers as to the status of their lawns, etc., to determine if additional sprinkling time was justified. It was stressed that the present emergency situation was due to a serious drought in the South Florida area and through no fault of the Town's water plant procedures. Commissioner Scholz also stressed that once the well levels come above the emergency mark, that citizens should continue to be urged to conserve water. It was also noted that South Florida Water Management District had not implemented any county--wide restrictions. Vice Mayor Mary Louise G. Blosser -- Discussion continued from the Workshop Meeting with regard to the Town Manager's memorandum dated August 25, 1987 in connection with the final draft of the Town's Long Term Water report as submitted by Camp Dresser and McKee. Mayor Stewart noted that the report was a "final draft". Mayor Stewart also noted that in conversation with Gary Whit of CDM, it was pointed out that if the Town wanted to supply additional informa- tion same could be included before the "final" printing of the report. It was also noted that a in--depth short term conservation report would be added to the draft prior to finalization. Commissioner Robinson also pointed out that there were several options stated in the report which needed further exploration prior to any final decisions being made on the Town's alternate water supply solution. Mr. Williams also noted that in preparing this report, CDM had to make some assumptions on the statistical numbers used, i.e., population estimates, etc. The Town may want to review these and recommend the use of more accurate numbers prior to the final report being rendered. It was noted that a Resolution accepting the final draft report for purposes of transmitting same to the appropriate state agencies would be considered later in this meeting. Commissioner John J. Basso -- No report. Town Commission Regular Meeting September 1, 1987 Page 4 of 7 n U Commissioner David T. Robinson - No report. Commissioner Robert F. Scholz -- No report. REPORTS _ TOWN ATTORNEY: The Town Attorney submitted the following Resolution at the request of the Town Commission:. A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ACCEPTING THE CAMP DRESSER & MCKEE LONG--TERM WATER SUPPLY PLAN REPORT DATED JUNE, 1987, FOR THE SOLE PURPOSE OF TRANSMISSION TO APPROPRIATE STATE AND LOCAL AGENCIES. Attorney Sliney read the Resolution, after which it was amended to omit the following sentence: "This acceptance shall not be construed as approval of the contents or conclusions of said report." MOTION was made by VICE MAYOR BLOSSER/COMMISSIONER BASSO to adopt the Resolution as amended. This MOTION carried unanimously with favorable • votes. Attorney Sliney noted that with regard to the proposed MSTU ordinance, that after first reading, the Town should advise the Supervisor of Elections Office as to the Town's intent in order to make such prepar- ations to have this matter placed on the November 10 ballot. Attorney Sliney noted that he had no further litigation update since the report given at the August Workshop Meeting. REPORTS - TOWN MANAGER: Mr. Williams reported that with regard to requested demographic survey information requested from Camp Dresser & McKee, same should be forth coming within 1 week to 10 days. Construction on the improvements to the Bel Lido Bridge wingwalls will being tomorrow. Mr. Williams has prepared the grant proposal for. the Xeriscape project which will be submitted to the South Florida Water Management District prior to the September 13, 1987 2:00 p.m. deadline. Mr. Williams noted that he had scheduled a meeting with the condominium managers throughout the Town for September 16, 1987 at 7:00 p.m. to • Town Commission Regular Meeting September 1, 1987 Page 5 of 7 discuss water conservation. • Mr. Williams noted his intention to deposit additional funds in the State Investment Pool. Approximately $150,000 will be kept at First Union with about $100,000 being placed in a money market account. It was noted that with regard to the State Investment Pool, there is a 24 hour turnaround on the funds. The funds to be transferred will be out of the Treasurer's Fund and would not affect the Town's C/D's. There were no objections expressed by the Town Commission. REPORTS -- BOARDS AND COMMITTEES: A Board Action Report was submitted and the meeting dates published. The board vacancies were noted. MOTION was made by VICE MAYOR BLOSSER/ COMMISSIONER BASSO to appoint Chris Bartlett as a Regular Member to the Planning Board for a term of three years and Robert Gregerson as Alternate Member #1 to the Planning Board for a term of one year. This MOTION carried unanimously with favorable votes. PROPOSED RESOLUTIONS AND ORDINANCES: 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PRO- VIDING FOR UTILITY RATES, FEES AND/OR CHARGES SPECIFICALLY AMENDING HIGHLAND BEACH CODE SECTION 11--13 OF CHAPTER 11 RELATING TO GARBAGE AND TRASH CHARGES. Mr. Williams indicated that he was still awaiting final figures on the proposed tipping charges and therefore this proposed ordinance was de- ferred until the September 15, 1987 Special Meeting. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH TO REQUIRE THE PROVISION OF IMPACT STUDIES ON PROPOSED DEVELOPMENTS ON ALL NEW BUILDINGS. Mayor Stewart noted that this ordinance replaced one which had been given first reading at the August Regular Meeting, and therefore, this ordinance was again given first reading and deferred until the Workshop Meeting. It was further noted that sample ordinances regarding the requirement of impact fees were available in the Town Commission Office for review. 3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA PROVIDING FOR THE INCLUSION OF THE TERRITORY LYING WITHIN THE MUNICIPAL BOUNDARIES OF SAID TOWN WITHIN THE PALM BEACH CO. MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR INTENT, PURPOSE AND EFFECT . PROVIDING FOR REFERENDUM; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF J Town Commission Regular Meeting September 1, 1987 • Page 6 of 7 ORDINANCES; PROVIDING FOR EFFECTIVE DATE. This proposed ordinance was given first reading and deferred to the September Workshop Meeting. 4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 28 1/2 TREES, SHRUBS AND VEGETATION OF THE CODE OF ORDINANES, BY PROVIDING FOR A XERISCAPE (WATER CONSERVATION) LANDSCAPE CODE; PROVIDING FOR ENFORCEMENT; AND PROVIDING AN EFFECTIVE DATE. This proposed ordinance was given first reading and deferred to the September Workshop Meeting. 5. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 5 "ANIMALS AND FOWL", OF THE CODE OF ORDINANCES BY ENACTING A NEW SECTION 5-8, SEA TURTLE PROTECTION THEREOF, WHICH RESTRICTS OUTDOOR LIGHTING ON THE BEACH AREA; PROVIDING FOR ENFORCEMENT; AND PROVIDING AN EFFECTIVE DATE. • This proposed ordinance was given first reading and deferred to the September Workshop Meeting. REGULAR BUSINESS: Items Left Over -- 1. Hurricane Procedures -- Vice Mayor Blosser felt that the procedures should include an instruc- tion to advise handicapped persons to make advance reservations for shelter space. This will be added to the procedures. The shuttering of the Library and Town Hall buildings will be added to Item 5. The provision of a telephone recording advising of the storm status for residents will be added to the procedure. The Town Manager will sub- mit a listing of records to be moved to safety in the case of a hurri- cane and will report on same at the September Workshop Meeting. Vice Mayor Blosser mentioned that the use of microfiche has been considered in the past and that the time might be ripe to re--study this issue. 2. Education Policy It was noted that the Town did not have a written educational reimburs- ment policy. Mr. Williams noted an August 29, 1985 memorandum which had been written by him regarding the recommended provision of such a policy. This memorandum was reviewed by the Town Commission. It was • the consensus of the Town Commission that any educational expenditures be made out of "budgeted" funds. With that amendment, MOTION was made v Town Commission Regular Meeting September 1, 1987 • Page 7 of 7 by COMMISSIONER BASSO/VICE MAYOR BLOSSER that the Education Reimburse ment Policy as recommended by the Town Manager in his memorandum dated August 29, 1987 be adopted. This MOTION carried unanimously with fav- orable votes. Consent Agenda 1. Approval of Mayor as a Voting Delegate and Town Manager as an Alternate for the Palm Beach County Municipal League. MOTION was made by COMMISSIONER BASSO/VICE MAYOR BLOSSER to approve the Consent Agenda, which MOTION carried unanimously with favorable votes. Discussion then ensued again regarding the implemented water restric~ tions. Mr. Williams noted several residents were requested exceptions for various reasons. It was the consensus of the Town Commission that the restrictions were not unreasonable and that no exceptions could be made. Mayor Stewart pointed out that the hours mandated (6:10--7:P10 a.m.) for sprinkling were unreasonable to those single family homes where no automatic sprinklers existed. The hours allowing sprinkling in those cases forces homeowners to awake in the early hours of the • morning in order to water their lawns. After discussion, MOTION was made by COMMISSIONER ROBINSON/COMMISSIONER BASSO that the time for irrigation of laws for single family homes only be changed to 7:00 -- 8:00 p.m. This MOTION carried unanimously with favorable votes. Mr. Williams will advise the residents of this change both through hand delivered notices, and through the use of cable television. Mr. Williams noted that he would be out of Town from September 10 thru ___ September 16, 1987. ` There being no further business to come before the Commission at this time, the meeting adjourned at 3:10 p.m. APPROVED: ATTE T: CLE DATE: f ~- Betty can Stewart, Mayor --- r ~ 1::7C -Y.~a. Mari Louise, . Bloss r, Vice Mayor 7tiasso,~COmmissioner David ~. Rob`in Commissioner /'~ •- ~_ , Robert Scholz, Commissione`~.~