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1987.09.29_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, September 29, 1987 1:3P! P M A Workshop Meeting of the Town Commission was called to order by Mayor Betty Jean Stewart at 1: 3P! P.M. in the Town Commission Chambers at Town Hall. Also present were Commissioners John J. Basso and David T. Robinson. Vice Mayor Mary Louise G. Blosser and Commissioner Robert F. Scholz were absent. Also present were Town Attorney T. E. Sliney, Town Clerk M. A. Mariano, Town Manager H. D. Williams and members of the general public. 87.1 Public Comments and Requests: Mr. Michael Dent of Casuarina urged the Town Commission to continue the method by which the Town presently collects fire service fees rather than to adopt an ordinance which will allow a referendum to have the County collect such fees. Mr. William Barnes of Seagate spoke to the Town Commission and advised of his attendance at a recent meeting with the County Fire Board. Mr. Barnes discussed the County's sprinkler system requirement for condo- miniums over five stories high. Mr. Barnes urged the Town Commission to look toward Boca Raton or Delray Beach for alternate service due to less stringent requirements. 87.2 Reports _ Boards and Committees: Board vacancies were noted. Mr. Barnes noted that he had submitted a Talent Bank application and would like to serve wherever the Town would need him. Questions of Mr. Barnes were deferred. The transmittal of a recommendation from the Planning Board for the Town Commission to take appropriate action to amend the zoning map to reflect recent amendments to the Comprehensive Plan was formally received. A tentative schedule for Town Commission action will be finalized and distributed to the Town Commission. Tentative Public Hearing dates have been set for October 27, 1987 and November 17, 1987. 87.3 Proposed Ordinances and Resolutions: 1. 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 AND TRASH CHARGES. Due to the possible figure changes which might occur pursuant to the . Special Legislative Session, this proposed ordinance was deferred to the October Workshop Meeting. Town Commission Workshop Meeting September 29, 1987 Page 2 of 7 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, TO REQUIRE THE PROVISION OF IMPACT STUDIES ON PROPOSED DEVELOPMENT ON ALL NEW BUILDINGS. This ordinance was revised to refer to "water" impact studies. This proposed ordinance will be placed on the October 6, 1987 Regular Meeting Agenda for final reading. 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 COUNTY MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR INTENT, PURPOSE, AND EFFECT; PROVIDING FOR REFERENDUM; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Williams explained that this proposed ordinance was to implement a local act for Palm Beach County enacted by the Legislature. This Act provides a method by which the County can assess taxes for the fire service provided rather than the Town assessing the taxes for this service. It was noted that due to the caps on millage, some cities found that having to assess a portion of their millage for fire service was cumbersome. It was noted that the Town was well below its millage • cap of 5 mills and might not find this as advantageous as other towns. It was also noted that either way of assessing the fees would not affect the Town's ability to negotiate the type of service, etc., at contract renewal time. This proposed ordinance will be placed on the October 6, 1987 Regular Meeting Agenda for action. 4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 28 1/2, TREES, SHRUBS AND VEGETATION, OF THE CODE OF ORDINANCES, BY PROVIDING FOR A NEW LANDSCAPE CODE; PROVIDING FOR ENFORCEMENT; AND PROVIDING AN EFFECTIVE DATE. Mayor Stewart noted that she wanted to go through the ordinance and make some changes to it. Commissioner Robinson stated that he was concerned with the length of the proposed ordinance and whether it will accomplish the Town's desired purpose which is water conservation. Commissioner Robinson further requested that the Community Appearance Board be asked for their comments on the proposed ordinance. It was determined that the Town Commission would hold a separate Workshop Meeting for this item prior to the October 27, 1987 Workshop at which time the proposed ordinance would again be addressed. 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. . Town Commission Workshop Meeting September 29, 1987 Page 3 of 7 There were no comments made regarding this proposed ordinance which will be placed on the October 6, 1987 Regular Meeting Agenda for final reading. 87.17 Long and Associates: A September 23, 1987 memorandum from the Town Manager was noted. Mr. Williams reported that the Financial Advisory Board had periodically looked at this matter for the past 6 to 8 months with an indepth review being held on September 22, 1987. It was the recommendation of the Financial Advisory Board that the Town implement the Long and Associates report as of October 1, 1987. The cost of implementation will be a maximum of $5,600. Funds have been included in the budget to cover this expense. In the alternative, Mr. Williams requested that the Town approve a proposed salary scale revision incorporating a 5% across the board increase. Mr. Williams recommended that the Town adopt the Long report as he feels it corrects some inequities in the present payroll scale, as well as used a motivational philosophy in granting increases. Commissioner Basso felt that the Town Commission should wait until there were more than three members present. Mr. Williams asked that the Town Commission at least adopt the amended salary schedule in the interim in that several employees were up for merit increases on October 1, 1987, and further, that the present salary scale had not been updated since 1985. Mr. Williams further noted that the 5% had been arrived at by the Financial Advisory Board using the CPI from April to April which amounted to 4.8%. The Town Manager noted that he had originally requested a 7% increase, however, the Financial Advisory Board felt that 5% was more reasonable. Mayor Stewart stated that she had not seen a report from the Financial Advisory Board on this matter and felt that a report from the Financial Advisory Board analyzing the Long Study as well as noting what raw data was used was in order. It was also noted that the two new positions in the Finance Department were not addressed in the Long report. Commissioners Basso and Robinson felt that an analysis from the Financial Advisory Board was in order. The Town Manager will transmit this directive to the Financial Advisory Board with the Town Commission's request that this report be finalized in some form prior to December 31, 1987. After further discussion, the amended salary schedule incorporating a 5% increase will be placed on the October 6, 1987 Consent Agenda as an interim measure. REPORTS -~ TOWN COMMISSION Mayor Betty Jean Stewart • Mayor Stewart noted a memorandum from the Utilities Director regarding • Town Commission Workshop Meeting September 29, 1987 Page 4 of 7 the provision of an additional storage tank on the East side of the Intracoastal. The Town Commission stated that the Town should obtain more information on this matter as a back up measure. The Town Manager stated that staff could work up an estimated cost on this item and would report on same at the October Workshop Meeting. The Town Commission then addressed a September 29, 1987 memorandum from Mayor Stewart regarding water supply. This memorandum suggested that a letter be forwarded to South Florida Water Management District in an effort to prevent any misunderstandings regarding the water supply needs of the Town. Mayor Stewart recommended that the Town Commission send a position letter by delivery by the Town Manager. Commissioner Robinson felt that the suggestion composed by the Mayor with regard to the Town's longer term solution was too restrictive and did not allow the Town any options other than buying all of its water from Boca Raton. After sub- stantial discussion., Paragraph 5 was amended to read: For longer term solution, if number 4 above is no longer a viable option, then the Town Commission would seek to expand its water supply through various options, including buying all of its water from the City of Boca Raton which is estimated at 3.2 mgd. This letter will be written to South Florida Water Management District and delivered on October 1, 1987 by the Town Manager. A copy of this letter will be highlighted and given to the water plant stressing the fact that the Town prefers to continue operating its own water plant as long as possible. The Town Commission then discussed an invitation from Stone and Webster Engineers to view a reverse osmosis facility in Vero Beach. The Town Commission expressed no interest in this invitation at this time. The status of the THM and interim well projects were then discussed. With regard to the THM matter, Mr. Williams noted that the Town was awaiting a permit from DER as well as a permit from the City of Boca Raton. It was noted that the Town is also addressing a request from the Boca Raton Fire Department to provide safeguards on the ammoniators in that they will be located adjacent to residential areas. With regard to the interim well matter, Mr. Williams noted that the Town had received the DER permit this day and the project would be proceeding. Vice Mayor Mary Louise G. Blosser - Absent. Commissioner John J. Basso -- No report. • Town Commission Workshop Meeting September 29, 1987 Page 5 of 7 Commissioner David T. Robinson With regard to the public comment made by Mr. Barnes, Commissioner Robinson noted that the Palm Beach County Fire Department was looking into the waiving of the sprinkler requirement in lieu of electrical smoke alarms. It was noted that when the Town contracted with Palm Beach County for fire services, all jurisdiction in enforcing fire safety matters was given to the County and the Town has no further involvement in this matter. Mr. Barnes then requested information on who was responsible for the flushing of fire hydrants. Mr. Barnes indicated that he and several others had opened up a hydrant in front of Monterey House and that there was debris present. The Town Manager will look into this matter. REPORTS -- TOWN ATTORNEY With regard to the Broadview litigation, a Motion has been filed to remand this case to the State Court by the Defendant. The Town has filed a Motion to Dismiss which has not yet been acted on. The Defendant is alleging inverse condemnation stating that the Town has taken away property rights without the actual condemnation process taking place. With regard to the Boca Hi litigation, Attorney Sliney noted that Attorney Mark Schorr, on behalf of the Braemer Isle Condominium Association, requested authority to join the litigation as co--counsel. Attorney Schorr's legal fee will be paid by the Braemer Isle Condominium Association. The Town Commission expressed no opposition to this request and will consider same on the Consent Agenda at the October 6, 1987 Regular Meeting. Regarding the Hoffman litigation, a Motion has been filed to challenge the recent Comprehensive Plan amendments. The Town has filed a Motion to Dismiss which has not yet been scheduled for hearing. With regard to the Concordia Investments litigation (Colman), Attorney Sliney noted that the Board of Adjustment had denied a Request for Variance. The appeal is continuing with a brief due from the Defendants on October 15. With regard to the Purcell matter, Attorney Sliney was directed to correspond with Mr. Purcell's attorney and advise that the Town does not feel that a legitimate complaint exists at this time and no further action will be taken on the matter. With regard to the information received by Attorney Sliney from York- Hannover (Lot 71 W -- Connaught) there were no comments made. Town Commission Workshop Meeting • September 29, 1987 Page 6 of 7 REPORTS -- T4WLrI MANAGPR Mr. Williams reported that the Bel Lido Bridge wingwall project was approximately 20~ complete. Work will be continuing through October. Also with regard to work on the Bel Lido Bridge, a request for a re- negotiation of the contract with Russell and Axon was taken up. It was noted that Russell and Axon had requested the consideration of an additional $5,Pl0~1. in that they had expended more time than anticipated on planning the project. It was determined that this contract was for a firm figure and therefore no action was taken by the Town Commission. A memorandum dated September 25, 1987 from the Town Manager regarding Interconnect criteria was reviewed. It was felt that more information was required and the subject memorandum was received as an advisory policy for consideration. The Town Manager then addressed the possible repaving of Russell Drive. It was noted that the manholes on the street represented the problem. Anticipated funds from the Road and bridge Fund lawsuit could possibly be used for the costs of repairing the manholes. Mr. Williams was directed to write the residents of Boca Cove and advise them of the Town's consideration of this matter. With regard to the removal of files during a hurricane, it was noted that most of the Town's legislative files would be encased in fireproof, watertight file cabinets and would not warrant removal. With regard to the Building Department plans, the Town Manager will look into the microfiching of said plans and report back to the Town Commission on this matter. It was noted that the matter of microfiche as well as updating the Town Code would be a November Workshop Item. There was no action necessary with regard to the status of the telecommunications tax issue. With regard to the sales trailers with expired permits, Mr. Williams noted that the Building Official had issued Notices of Violations and that the trailers were required to be removed by October 7, 1987. A proposed fee schedule for excessive false alarms will be considered at the October 6, 1987 Regular Meeting at the request of the Police Chief. The Town Manager will be attending the Florida League of Cities Annual Convention in Bal Harbour (Miami) October 15 through October 18, 1987. Mr. Williams reported that he had been checking irrigation systems late at night and had found one condominium which had broken sprinkler heads which accounted for the use of 36,0PJ0 extra gallons of water per sprinkling. This had been reported to the condo and will be fixed. • Further, meetings are continuing with condominium managers in an effort to urge the conservation of water on a voluntary basis. Town Commission Workshop Meeting September 29, 1987 Page 7 of 7 Mr. Williams reported that the Town had received tentative approval for $8,000. from the South Florida Water Management District for the installation of Xeriscape at Town Hall. The Town Commission then discussed the Town Manager's memorandum dated 8/31/87 recommending that the Town join the ICMA 401a Retirement Plan. It was noted that the Financial Advisory Board, at its meeting held on 9/22/87, concurred in the recommendations of the Town Manager. This plan will provide for a 5~ contribution by the Town, a 2~ contribution on the part of the employee. Employees in the present plan will be given the option of rolling all funds over at a 100 vesting figure, and all present permanent employees will be joined at a 100 vesting figure. Any new employees will be 50~ vested in one year, 75~ vested in two years and 100 vested in three years. The Town Commission will consider a Resolution adopting this plan at the October 6, 1987 Regular Meeting. This adoption will be contingent upon a written certification by the Town Attorney that the Plan meets all state and federal requirements. There being no further business to come before the Town Commission at this meeting, same adjourned at 4:20 P.M. i APPROVED: Bett Jean Stewart, Mayor - - - ABSENT - - - Mary Louise G. Blo~ser, Vice Mayor :~, /~ ~ ., o n Jam,.,, B o, Commissioner ,.. ..~ David T. Robinson, Commissioner - - - ABSENT - - - Robert F. Scholz, Commissioner A EST: TOWN C RK DATE: ~/~,7`~ •