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1986.04.29_TC_Minutes_WorkshopJ TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, April 29, 1986 1:30 P.M. The Workshop Meeting of the Town Commission was called to order by Vice Mayor Mary Louise G. Blosser in the Town Commission Chambers at Town Hall, noting that Mayor Sullivan was attending a Municipal League Meeting and would be late. Also in attendance were Town Commissioners John J. Basso, William A. Grier and Betty Jean Stewart. Also in attendance were: Town Attorney Thomas E. Sliney, Town Manager Hugh D. Williams, Town Clerk Mary Ann Mariano, and members of the general public. 86.1 Public Comments and Requests: With regard to a later agenda item, Mrs. Doris Rome noted that the use of helicopters in Town to repair and/or replace rooftop air condition- ers and other utility items was necessary, urging the Town Commission to take whatever appropriate action was necessary to allow same. Ms. Anna Harbin, President of the addressed the Town Commission opp the removal of a bush in front of Mr. Irving Saunders requested the of requesting the DOT to decrease Bel Lido Homeowner's Association, using the objection of Town staff to the entryway to .Bel Lido. Town to again study the possibility the speed limit along AlA. 86.2 Boards and Commissions: It was noted that the term of Ben Cohen, Regular Member of the Finan- cial Advisory Board was to expire in May. It was the general consen- sus that Mr. Cohen be re-appointed, which action may be taken at the May 6, 1986 Regular Meeting. 86.3 Proposed Ordinances and Resolutions: 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING THE CABLE TELEVISION FRANCHISE TO INCREASE THE FRANCHISE PAYMENTS PAYABLE BY THE HOLDER OF THE FRANCHISE TO THE TOWN OF HIGHLAND BEACH. (1st Reading 4/1/86-Published 4/18/86) Vice Mayor Blosser expressed concern regarding the effect of this. ~`t;. ordinance on the individual cable subscribers. Commissioner Grier +~ went on record as opposing this ordinance due to the "pass-thru" method the cable company will use to recoup these funds. This pro- posed ordinance will be scheduled for final reading and possible adoption at the May 6, 1986 Regular Meeting. ' • 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR THE REGULATION OF NEW DEVELOPMENT. A revised draft of this proposed ordinance was submitted by the Town J Town Commission Workshop Meeting April 29, 1986 Page 2 of 7 • Attorney which was re-titled as follows: AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR A FAIR SHARE CONTRIBUTION FOR WATER AND SEWER IMPROVEMENT ORDINANCE. Attorney Sliney noted that the Town Commission might want to consider the proposed ordinance as submitted, or consider the increase of connection charges instead. Mr. Williams stated that he felt an "impact fee" ordinance might be subject to challenge based on the criteria necessary to be met, whereas, an increase in connection charges would not. Attorney Sliney indicated that he had obtained various information from other areas regarding the implementation of impact fees, which he would distribute among the Town Commission for their study. The Town Manager will get information on the amount of funds necessary to carry out the Town Commission's necessary projects with respect to the water plant, etc., prior to any determination being made as to the "impact fee" vs. increase in connection method of raising funds. It was also noted that possibly a combination of both methods would be feasible. Further, the Town Commission directed that the Financial Advisory Board evaluate the matter and make recommenda- tions to the Town Commission. The Town Commission will re-address this matter after receiving the recommendations from the Financial • Advisory Board. 3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROHIBITING THE CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES IN OR ON AUTOMOBILES. This proposed ordinance was submitted by the Town Attorney. As this proposed ordinance was based on the recently adopted countywide ordi- nance, several phrases, not relative to Highland Beach were omitted. Further, the ordinance was amended to allow the transport of such containers in recreational vehicle refrigerators. It was the Town Attorney's opinion that this ordinance could be enforced on private property whereupon the public was invited, i.e., the Holiday Inn. Also, Attorney Sliney noted that anyone charged with violation in Highland Beach, desiring to contest same, would have to go through the State Attorney's Office for resolution. This proposed ordinance will re-ceive first reading at the May 6, 1986 Regular Meeting and will be further discussed at the May Workshop. 86.4 Discussion re planning consultant/environmentalist for \ Boca Hi/Hoffman project The Town Manager noted that an environmentalist/engineer to conduct a ' walk through of the projects for the purpose of determining endangered species, etc. would cost approximately $38.f~g per hour and would • • n LJ Town Commission Workshop Meeting April 29, 1986 Page 3 of 7 require approximatey 1/2 day. Also, a senior permitting process at a cost of approximately take approximately 1/2 day. Attorney Sliney, the Town Commission questioned the time frame the permitting process and requested the Town al information concerning same. This matter the May 6, 1986 Regular Meeting. 86.5 Discussion re Bel Lido Bridge engineer would study the $70.00, which would also as well as members of for the evaluation of _ Manager to get addition-~\ will be re-addressed at It was noted that a chronology of this matter had been distributed to the Town Commission by the Town Manager. Mr. Williams noted that al- though no immediate danger existed, the matter of repairing the wing walls of the Bel Lido Bridge should be considered. Discussion ensued regarding the history of the bridge. The Town Commission directed the Town Manager to obtain what engineering options were available to repair the bridge, by utilizing those reports previously rendered by Arthur Strock and Associates. It was noted that Michael Walther, engineer with Strock during the time the reports were done, had left Strock and has a private practice. Mr. Williams will check with both Strock and Mr. Walther about the obtaining of an updated engineering report using past documentation as a basis, and will report on same at the May 6, 1986 Regular Meeting. 86.6 Discussion re possible amendment to Code regulating aircraft (helicopters) as requested by Vice Mayor information from the Town Attorney. Discussion ensued regarding the feasibility of amending the Town Code to provide criteria for the use of helicopters to repair and/or replace air conditioning units and other items on rooftops of the multi-storied condominiums. The Code now refers to "emergency" aircraft useage, which may or may not be adequate to meet the needs as stated. Vice Mayor Blosser noted her concern regarding the wind volocity factor in using helicopters to mount equipment. Commissioner Stewart recommended the implementation of administrative policy on a trial basis prior to the amendment of the Town Code to avoid the codi- fication costs involved. Attorney Sliney will check to see whether there are any FAA guidelines to be considered regarding air space, etc. The Town Commission will re-consider this matter upon receiving Mayor Sullivan arrived at the meeting during the discussion of the above matter. 86.7 Discussion re licensing of motels A proposed ordinance had been distributed by the Town Attorney. A survey of surrounding communities and their practices was also Town Commission Workshop Meeting • April 29, 1986 Page 4 of 7 distributed by the Town Manager. It was noted that the Town could provide for inspection of premises, however, probably could not enforce same. Mr. Williams noted that with the Town adopting a licensing ordinance, the motels would then be required to supply a state license, which would then fall under the state inspection standards. The proposed ordinance will be revised to provide for a minimum $50.00 license fee, along with a $3.50 per unit charge, as well as license fees based on seating in dining facilities. Consider- ation will be given to providing fees for any condominium clubhouses which use their dining facilities on a commercial basis. A revised ordinance will be distributed and given first reading at the Regular Meeting scheduled for May 6, 1986. 86.8 Discussion re proposed microwave lease The Town Manager was directed to obtain information regarding the feasibility of constructing a communications tower behind Town Hall to facilitate the equipment necessary for the communications system to be shared with the City of Boca Raton. Further, a written statement will be obtained from the Chief of Police as to the number of radios to be ordered when Boca Raton bids the entire communications package. This • matter will be scheduled on the May Workshop Agenda. 86.9 Discussion re Fredericks, Baker, Brandt and Marcy proposed seawall It was noted by the Town Manager that although the DNR had granted an ~ ,_-;~ extension on the Town's reply, originally due on April , they had --- requested a timely response. Concern was expressed to the construction ~~. ;: of dolphins on vacant land, as well as concern for the existing man- ;'( groves on the subject property. Vice Mayor Blosser noted page 30-17 of the Town Code dealing with accessory uses and free standing struc- tures. A consensus was given to forward a Letter of No Objection on this project with concerns expressed about the destruction of any existing mangroves. Also, the Town Attorney will look into the matter of any fill needed on the site. This will be addressed again at the May 6, 1986 Regular Meeting. 86.10 Discussion re possible amendment to Section 11-12 of ~,f Town Code "Loading and Unloading of Garba a and Trash" ,,. `~Z A memorandum from the Town Manager recommending that County Sanitation ~` be limited to starting pick-up at 8:00 a.m. rather than 6:00 a.m. was considered. Concern was expressed as to the traffic problem which might exist should the time be changed. It was suggested that the Town Manager contact Mr. Gaudette of County Sanitation and change the ,r summer starting pick-up time to 7:00 a.m. This matter will be re- addressed at the May Workshop Meeting. Town Commission Workshop Meeting April 29, 1986 • Page 5 of 7 86.11 Discussion re conceptual approvals by Planning Board (as requested by Commissioner Stewart) The matter of approving conceptual drawings was discussed in depth. Commissioner Stewart suggested that if the practice of conceptual approval was continued, criteria be drawn as to what documentation was to be submitted to the Planning Board prior to consideration. The Planning Board's recent conceptual approval of a plan submitted by Mr. Colman was cited for reference. Commissioner Stewart was concerned that any developer who receives such conceptual approval might be given false hope when a subsequent plan is disapproved. Attorney Sliney noted that the Town, by continuing the practice of conceptual approvals, could face equitable estoppel issues on such projects. Mayor Sullivan suggested that discussion alone be considered on such conceptual plans with no votes taken. It was the consensus of the Town Commission that the Planning Board be directed to look closely at the policy of conceptual approvals with a view toward the abolishment of the practice, or in the alternative, the establishment of appropriate criteria to be followed. This item will again be discussed at the May Workshop, subsequent to the Planning Board's May Meeting in order to get their recommendations. • 86.12 Discussion re recommendations of Financial Advisory Board Financial Advisory Board recommendations regarding fees vs. tax, water service fees, and the Town's organizational chart were submitted to the Town Commission for consideration. These recommendations will be addressed as a part of the upcoming budget discussions in August. A five minute recess was taken at this time. 85.33 Water Treatment Plant (Report from Camp Dresser & McKee re THM's This matter was deferred until a Special Meeting on Tuesday, May 6, 1986, at 12:30 p.m. REPORTS - TOWN COMMISSION Mayor Edward J. Sullivan - Mayor Sullivan noted that two letters had been received commending Commissioner Stewart, Michael Coppola and Ted Hanna on the recent pruning of trees along AlA. Mayor Sullivan also reminded the Town Commission to begin considera- tion of a decrease in the life of a site plan approval from 18 months. Town Commission April 29, 1986 • Page 6 of 7 Workshop Meeting Vice Mayor Mary Louise G. Blosser - No report Commissioner John J. Basso - Commissioner Basso reported on the birth of a manatee behind the Regency Highland Condominium on April 28, 1986 and further noted that a reporter from the Sun-Sentinel had prepared a news article regarding same. Commissioner William A. Grier - Commissioner Grier expressed concern regarding the appearance of the newspaper racks in Town. This matter had been addressed by the Town Commission in the past, however, will be re-addressed at the .May Workshop Meeting. With regard to a request from the Police Department to engage in salary negotiations, Mr. Williams noted that the Police Advisory Board would be reporting on this at the May 6, 1986 Regular Meeting. The audit requirements for the ICMA Deferred Compensation Plan were briefly discussed. • Responding to Commissioner Grier's inquiry, Mr. Williams noted that the matter of purchasing trees for the Greening of AlA project would be discussed at the May 6, 1986 Regular Meeting. Commissioner Betty Jean Stewart - Deferred her report until the May 6, 1986 Regular Meeting. REPORTS - TOWN ATTORNEY 1. Report in response to memorandum of Vice Mayor Blosser ~e°; dated 4/23/86 re Lots 101 E/W < <; -~. Discussion ensued regarding Lots 101 E/W and a recent request to the '~ Planning Board for the transfer of density from the west to the east '~.~:_ side property. The Zoning Code prohibiting same, as well at the Unity '` of Title portion of the Code were cited. The possibility of this matter being a variance or special exception was also discussed. It was the general consensus of the Town Commission that the zoning code had taken alot of time and deliberation to adopt and should be adhered to in the final analysis to that all the work put into it would not be jeopardized in any way. Commissioner Stewart noted that due to the amount of mangroves on the west side property, the state might deny some of the buildable rights, which factor could play a role in the transfer request. Inasmuch as this property is involved in • litigation, in depth discussion was curtailed. ~ Town Commission April 29, 1986 Page 7 of 7 Workshop Meeting Attorney Sliney also reported that the Delray Beach/Highland Beach sewer issue and the Town's Motion to have Delray adhere to the Greeley and Hansen report was under advisement by Judge"Rudnick, following an April 28, 1986 hearing. REPORTS - TOWN MANAGER With regard to a request by the Town Manager to attend an ICMA Confer- ence May 14-17, 1986 in Orlando, Florida, no objections were expressed by the Town Commission. A brief discussion then ensued regarding the Organizational Chart, with Commissioner Grier noting that the FAB was not finished with their review and recommendations on same. There being no further business to come before the Town Commission at this time, the meeting was adjourned at 4:55 p.m. • ~ APPROVED: O Edward J. Su 1 van, Mayor Mary L'oui a G. Blosser, Vice Mayor o B s'o, Co ssioner ,' l• ~ .~ William A. Grier„ Commissioner Bet'~y Jean Stewart, Commissioner ATTEST: ~~ /Jf / /~ TOW CL K DATE: - •