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1986.10.28_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesda , October 28, 1986 1:30 P.M. A 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. Also present were Town Commissioners John J. Basso, William A. Grier and Betty Jean Stewart. Mayor Edward J. Sullivan was absent. Also present were Town Attorney Thomas E. Sliney; Town Manager Hugh D. Williams; Building Official Bruce Sutherland; Town Clerk Mary Ann Mariano and members of the general public. 86.1 Public Comments and Requests: None 86.2 Boards and Committees: The November expiration of the terms of Albert Kahler (Regular Member) and David Augenstein (Alternate Member) on the Board of Adjustment were noted. Also noted was the November expiration of the term of H. C. Arnold (Alternate Member) on the Community Appearance Board. • 86.3 Proposed Resolutions and Ordinances: AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ~_ PROVIDING FOR THE PROTECTION OF HISTORIC TREES PLANTED ~< PURSUANT TO THE HIGHLAND BEACH GREENING OF AlA PROGRAM. '~ .:~ Attorney Sliney noted that this ordinance was proposed in order to pro- vide protection to the trees which are planted in connection with the Greening Program. Vice Mayor Blosser expressed concerns regarding the ~ trees being designated as "historic" specimins, as well as the fact that the trees are on public property. Attorney Sliney noted that al- though there may be instances involving the Department of Transporta- tion when the Town cannot enforce this ordinance, it was the intent of the Town to protect the trees from third party destruction. Vice Mayor Blosser further expressed a concern as to what extent "protection" would be provided, and whether this constituted the feeding and noun- ~ ishment of the trees. Attorney Sliney stated that it was his feeling that this proposed ordinance dealt with the physical protection of the ' trees and did not extend to feeding the trees. It was noted that vio- lation of this ordinance would be handled through the Code Enforcement Board. This proposed ordinance will be placed on the November 5, 1986 `, Regular Meeting Agenda for possible adoption. J At this time, Mr. Arthur Aypel of 3401 South Ocean Boulevard, and Mr. Danto of 340? South Ocean Boulevard were heard with regard to a public request. Mr. Aypel and Mr. Danto requested special permission to park Town Commission Workshop Meeting October 28, 1986 • Page 2 of 10 a bus, used to transport handicapped children to athletic events, behind Town Hall. The present time limit for such parking is seven days. Contingent upon the receipt of a copy of the Certificate of Insurance for the bus, and the removal of the bus by December 15, 1986, this matter will be placed on the Consent Agenda for November 5, 1986. 86.3 Proposed Resolutions and Ordinances (Cont'_d): AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING A NEW ORDINANCE REGULATING THE PLACEMENT OF NEWS RACKS WITHIN THE TOWN OF HIGHLAND BEACH; PROVIDING FOR CERTAIN PROHIBITIONS; PROVIDING FOR REGULATIONS; PROVIDING FOR .ENFORCEMENT PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Attorney Sliney noted that this proposed ordina several existing ordinances which primarily reg aesthetic aspects of news racks. There was a g the site plan for any racks be reviewed by the violations being handled by the Code Enforcemen date would need to be established. Commissions with the 750' minimum space between the racks a be limited to one at the north end of Town and Commissioner Basso further commented on his rec California and the pleasingly aesthetic racks Y Town Manager was directed to obtain a copy of t for the Town's consideration. Answering the Vic Attorney Sliney stated that the present newsrac lation of the criteria as being proposed in the issioner Stewart requested the Town Commission the ordinance in order to provide some regulate ~t-.l v nmcnr7mcn~Fc hai nt7 mat3P 1 ater _ Vice Mavor E ice was a compilation of alates location and ~neral consensus that Planning Board, with t Board. An effective r Basso did not concur nd felt that they should one at the south end. ent trip to LaJolla, e witnessed there. The he LaJolla regulations e Mayor's inquiry, ks would not be in vio- new ordinance. Comm- consider the passage of on now, with any desire- losser felt that other considerations be made first, i.e. a possible permitting requirement, a hold harmless agreement or requiring public liability insurance as per the Palm Springs Ordinance. This matter was deferred until further in- formation is received. 3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR UTILITY RATES, FEES, AND/OR CHARGES, SPECIFICALLY AMENDING HIGHLAND BEACH CODE SEC. 29-10 RELATING TO CHARGES FOR WATER SERVICE, SEC. 22-2 RELATING TO SEWER SERVICE CHARGES, AND SEC. 11-13, RELATING TO GARBAGE AND TRASH CHARGES. The Town Manager noted that this ordinance would provide for the following: • Town Commission Workshop Meeting October 28, 1986 Page 3 of 1~! a. Establishment of water rates at $2.gP1 service charge plus $.65 per 1PJPJ0 gallons used. b. Set sewer rates at $13.0 rather than breaking them down as presently into a charge and surcharge. c. Permit bi-monthly billing of utility charges. d. Update the fees as presently being charged to the Holiday Inn which are presently being subsidized by the Town. e. Make the changes retroactive to October 1, 1986. The Town Manager noted that by billing bi-monthly, a substantial amount of money could be saved by the Town in postage as well as administra- tive fees, personnel charges, etc. It was noted that the Financial Advisory Board recommended the bi-monthly billing for a trial period of one year with re-evaluation at the end of the year. Commissioner Grier questioned why all the charges could not be set by Resolution in order to more easily amend charges than by use of an ordinance. Both Commissioner Stewart and Attorney Sliney stated tha t by using an ordinance, more protection was afforded the residents in • the setting of utility fees. Attorney Sliney stated that he felt that any charges set by the Town should be set by ordinance. Commissioner Grier noted that inasmuch as the enterprise budgets had just been placed on the desk, that there was not enough time to deter- mine whether the charges being set out for water were adequate. Commissioner Stewart also noted that some other discrepancies in the figures as set out in the enterprise budgets needed clarification. The Town Manager stated that the water charges were those as recommended by the Financial Advisory Board and agreed to by the Town Commission on May 19, 1986 at a Special Meeting. Commissioner Grier stated that he thought that these charges had been implemented at that time, however, it was noted that the FAB recommendation was for implementation on October 1, 1986. Substantial discussion took place regarding the setting of the fees by Resolution. A clause in the Ordinance which was requested by the Town Manager stated that the garbage charges could be amended by Resolution. The Town Clerk advised that any charges set out in an ordinance would not be changed by Resolution, but only by adoption of an ordinance. The Town Attorney concurred in this statement. Commissioner Stewart re- commended that a flat rate be cited for garbage charges, with a variable rate to accomodate the change in tipping fees be established by Resolution. The Town Attorney will look into the feasibility of this suggestion. This proposed ordinance will be given first reading at the November 5, 1986 Regular Meeting with the provision regarding the amending of fees by Resolution eliminated. Town Commission Workshop Meeting October 28, 1986 Page 4 of 1~ 86.13 Discussion re Centel Cable Television: Mr. Rusty Hutton, Vice President and General Manager was present, and reiterated the points raised in his letter to the Town. Mr. Hutton stated that with any franchise fee would be an increase to the consumer. al consensus of the Town Commission that the franchi 3% rather than the proposed 5~. of Centel Cable October 17, 1986 increase in the There was a gener- se fee remain at With regard to the expansion of facilities, Mr. Hutton noted that such plans entailed the extending of the present building to the north to house additional electrical equipment, and that the plans would be submitted to the Town for appropriate approvals. The matter of the proposed increase in ground rent was then discussed. It was noted that the recommendtion of the Financial Advisory Board was to leave the ground rent as presently charged, with Centel's agreeing to freeze their service charges to residents. Mr. Hutton stated that there might be a possibility in Centel's agreeing to freeze certain rates, however, flexibility would be required on premium service rates. Mr. Hutton stated that he thought Centel was servicing all multi-family residences in Town with the exception of the Monterey House. As a matter of information, Mr. Hutton announced that Centel was in the process of purchasing Perry Cable, which was largely located in Palm Beach County, and that he would be moving his residence from Lakeland to this area and therefore would be more accessible to the Town. This matter was deferred until further information regarding the i proposed changes to the facilities behind Town Hall was submitted by ~~ Cente 1 . _ _._.__.-.--. 86.22 Status of Sales Trailers in Town: Bruce Sutherland, Building Official gave a status report to the Town ~=- Commission on sales trailers noting that the Beach Walk West permit would need review by the Town Commission in November. Mr. Sutherland will advise the Beach Walk West developer to appear at the November Workshop Meeting if an extension of their permit is requested. Mr. Sutherland noted that all other sales trailer permits were valid. ~'-' Questions arose as to the Boca Highland Sales Office with it being '' noted that no valid permit existed for this temporary structure. Commissioner Stewart noted that this matter had not been addressed since October of 1984, questioning the usage of this site and its legality. The Town Manager will obtain information as to this site including the record owner, and will report to the Town Commission at its November 5, 1986 Regular Meeting. _ ;\~~ ~,, r Town Commission Workshop Meeting October 2$, 1986 Page 5 of lfd Commissioner Stewart recommended that the Building Official begin compilation of a status report regarding temporary signs for review by the Town. Commission. Also, a recommendation was made to the Building Official to better designate the status of sites as reported on the Status of Building Development reports. A request by Highlands Place for a sales model has been deferred until the Town Manager and Building Official determine that the site is ~''` complete enough to insure the safety of prospective purchasers. L"`~'-~ REPORTS - TOWN COMMISSION: Mayor Edward J. Sullivan - Absent. Vice Mayor Mary Louise G. Blosser - Deferred comments until later. Commissioner John J. Basso - Commissioner Basso noted that in the June 7, 198Q! Settlement Stipula- tion between the Town and Drexel, there was a provision that Drexel • would install a gate at the easement given to the Town, and that to date, no such gate existed. Although there was no time provided for the installation of the gate, Attorney 5liney noted that it would be within the Town's right to request that it be installed at this time. Commissioner Stewart pointed out that the Town was presently involved in litigation with Drexel and that now might not be the appropriate time to address this matter. Attorney Sliney noted that he would write to the Attorney for Drexel and state that the Town came across this provision in their review of the Stipultion and requests that Drexel go forward with this aspect of the Stipulation. Commissioner William A. Grier - Commissioner Grier noted that Dr. Otto Weiss was in attendance and therefore requested that a status report regarding the THM/Interim be given at this time. The Town Manager noted that the design work was being done on the features and location for implementation of the ammonia treated system. Further, Mr. Williams noted that installation of the new interim well would be accomplished prior to the implementation of the ammonia treated system as the pumping of the new well might have some impact on the testing required as a prerequisite to the ammonia system being in- stalled. Commissioner Stewart noted that Camp Dresser and McKee, the Town's engineers on this project, were running two months behind on the bidding process already, and requested information as to the time frame for completion. Mr. Williams noted that the interim well should be in the ground be mid January with the ammonia based system implemented ~~ ~` ~ We 1 l 'z~ 1 i 1~, Town Commission Workshop Meeting October 28, 1986 Page 6 of 10 shortly thereafter. The Town Commission requsted that a representative of Camp Dresser and McKee be present at the November 5, 1986 Regular Meeting to give a further status report on this matter as well as assure the Town as to the time frames being adhered to. The Town Manager further stated that the previous approvals given by the Town Commission included the bidding services as well as general and resi- dential engineering services by CDM on these projects. Commissioner Basso recommended that the Town go ahead and begin con- sideration of Phase III of the project, being the location and acquisi- tion of additional property upon which to locate additional wells, which project should take approximately 18-24 months. Mr. Williams noted that a prior report from Camp Dresser and McKee recommended three locations which should be reviewed by the Town Commission. Commissioner Grier noted that a hearing would be held by South .Florida Water Management District on November 15. Mr. Williams noted that Camp Dresser and McKee would be in attendance at this hearing on behalf of the Town. Dr. Weiss commended the Town Commission on their actions endeavoring to improve the quality of the Town's water supply. Mr. Williams noted the countywide Wellfield Protection Ordinance which was being considered on the November 4, 1986 ballot. ~•_____j With regard to the purchase of blue fire hydrant locator reflectors, the Town Manager reported that some of the reflectors had been received and upon receipt of the remainder of the order, they would be given to the Palm Beach County Fire/Rescue Department. for installation. Commissioner Grier discussed the publishing of the Town Bulletin, noting that it was usually sent out by the Mayor, and should include information regarding the water situation and the Town's action on same. It was the consensus of the Town Commission that The Bulletin should be handled by the Manager with input and approval by the Town Commission prior to distribution. It was suggested that The Bulletin be submitted to the Town Commission at a Workshop Meeting and sent out thereafter. It was further recommended that a more consistent schedule be met in the preparation of The Bulletin whether it be monthly or quarterly. This matter will be placed on the November Workshop Meeting Agenda for discussion as to a format to be used, as well as the estab- lishment of a schedule for its publication. • Town Commission Workshop Meeting . October 28, 1986 Page 7 of 10 Commissioner Betty Jean Stewart - Commissioner Stewart requested consideration of the swapping of Town Holiday now scheduled for November 11 (Veteran's Day) for Friday, December 26, the day after Christmas. A staff poll was conducted ands'; unanimously in favor of the swap. Vice Mayor Blosser requested addi- ~'_ tional information regarding the plans of surrounding areas. This matter will be placed on the November 5, 1986 Regular Meeting Agenda ~yx. ' for consideration. Further, the Town Manager recommended that the Town C:'~'4' Hall be closed at 2:f~~! p.m. on December 24, 1986 (Christmas Eve) to hold a staff Christmas party. This matter will be discussed at a later .~ ---~ time. At the recommendation of Commissioner Stewart, a Retirement Board Meet- ing was called for Wednesday, November 5, 1986 at 1:P10 p.m., just prior to the Regular Meeting. REPORTS - TOWN ATTORNEY: The Town Attorney reported that with regard to the Broadview matter, an executed agreement by Broadview was being based on the Town's approval • of Phase II of the Hoffman project, according to Mr. Eastland, Broadview's attorney. It was the consensus of the Town Commission, and Attorney Sliney will so inform Mr. Eastland, that Phase II is a separate item and will not be considered as a basis upon which to _ execute the pending agreement. Further, with regard to the proposed Letter of Credit, the items raised in an October 23, 1986 memorandum from the Town Manager will be sent to Mr. Eastland with a request that _ they be included in the Letter of Credit prior to acceptance by the Town. The Town Attorney will also try to obtain further clarification on the depository relationships between Broadview, Sentinel Communities and the other principals involved in this matter. With regard to Phase II of the project, Bruce Sutherland, Building Official, noted that this phase included the creation of a harbor and island on the north end of the property, which project had not been submitted to the Town yet. It was the feeling of the Town Commssion that until the agreement on Phase I was executed, that Phase II should not be considered. Mr. Williams noted that this position had been __ conveyed to the owners of the property. With regard to a proposed Performance Security Agreement for use by the Community Appearance Board, Commissioner Stewart asked if anything had been received from that board on this item. Also noted was a memoran- dum from the Town Manager dated October 22, 1986, which made several recommended changes in the proposed agreement. The Town Manager noted that the CAB had not received the document for review yet, but that he would forward the documentation to them and request their comments and Town Commission Workshop Meeting October 28, 1986 Page 8 of 10 recommendations. This matter was deferred until further information is received from the CAB. The Town Attorney reported that the Road and Bridge Fund Lawsuit, although ruled in favor of 17 municipalities, was being appealed and would probably be addressed by the State Supreme Court. The Town Commission will be provided with a copy of the Order in this matter. Attorney Sliney reported on his findings with regard to the existing Unities of Title on the Byrd Beach property, citing his letter to the Town dated October 17, 1986. Attorney Sliney stated that the Town could release the Unity of Title entered into in 1980, with the 1983 r~f~ ,a., Unity of Title remaining in effect. The Town Commission concurred in ,~<- the release of the first Unity of Title, with the provisions regarding the use of the guest facilities as noted in Paragraph 6, and the zoning ! ~1 provision noted in Paragraph 8 being maintained, which will further tie in the successors in interest to this project to any agreements made between the parties. Attorney Sliney will write to Mr. Eisen, attorney for the property owner and ask that his proposed Unity be re-drafted `~ and submitted for further consideration by the Town Commission. With regard to a previous performance bond required by the Community \'. • Appearance Board from Casuarina for uncompleted landscaping work, the ~~~°'°,~ Town Attorney reported that Casuarina had been given 30 days to come `fir`, into compliance with the CAB's requirements, or further action would be taken. Attorney Sliney reported that the Planning Board would hold its final .>_ Public Hearing with regard to proposed changes in the zoning of former RPUD's on November 12, 1986, after which a recommendation will be made `~~ and the matter will be transmitted to the Town Commission for consid- ~~ eration. REPORTS - TOWN MANAGER: The Town Manager requested guidance as to the Town paying the dues to both the Municipal League and the South County Council of Governments.'. '. It was discussed that some of the larger municipalities were dropping '`'~.~~~~, out of the COG, however, Mr. Williams indicated that the reason for this, being the voting method now used, was under consideration and C.'rJ'~ might prompt reconsideration by the larger municipalities to remain in the COG. It was the consensus of the Town Commission that both bills be paid and that the Town would keep abreast of the activities of the other member municipalities for future reference. u Town Commission Workshop Meeting October 28, 1986 Page 9 of 10 With regard to the return of sand from the Teron site to the Highlands Place site, Highlands Place is contending that until the Town approves a sales model, which will eliminate the need for the present sales trailer, they do not have enough room to have the sand returned, Further, Mr. Sutherland represented that the Department of Natural Resources is questioning its prior approval of the Royal Highlands project and changing their attitude with regard to the revetment. At the prompting of Commissioner Stewart, the Town Manager was directed to forward the beach renourishment plans to the Beaches and Shores Council if they have not already been sent. The matter of police vehicles was again discussed. The purchase from the State Contract vs. local dealers was debated. Also, the possibil- ity of purchase through the Cooperative Purchasing Group in the area was discussed. The Town Attorney was asked for an opinion as to the legality of having to publicly advertise. for bids due to the implemen- tation of a Purchasing Manual. This matter will again be discussed at the November 5, 1986 Regular Meeting. Chief Cecere will re-write his recommendations regarding the point system for the promotion of police officers for possible adoption by the Town Commission at its November 5, 1986 Regular Meeting. ~- ~~'`„ '~ .~ ,.;--~ ': ;" This meeting was recessed in order to hold a Public Hearing and Special Meeting with regard to input into the 1986/87 Budget as well as amendments thereto. Upon re-convening the Workshop Meeting, discussion was had regarding the recommendation of appointing Officer Corsino as the Town's "investigative" officer, with a 5~ pay increase. This matter will be placed on the November 5, 1986 Regular Meeting for possible approval. Although there seemed to be a consensus that this request be approved, it was noted that this should not be construed as the creation of a new position and would be re-evaluated upon Officer Corsino's departure from the department. Commissioner Stewart requested that a job de- scription be submitted. Further, those limitations as listed in the Town Manager's memorandum of September 17, 1986 would be adhered to. There was a general consensus of non-support for an Easter Seals Mara- thon to be held on February 21, 1987, as it will necessitate the closing of the northbound lane of AlA from 9:00-11:00 a.m. The Town Manager will notify the applicant of the Town's position. A Letter of No Objection for a dune walkover on the McCormick property is being requested by the Department of Natural Resources. This matter will be further discussed at the November 5, 1986 Regular Meeting. It was noted that this matter would still require approval of the appro- priate Town boards prior to construction. Town Commission Workshop Meeting • October 28, 1986 Page 10~ of 10 The Enterprise Fund Budgets distributed to the Town Commission will be placed at the end of the November 5, 1986 Regular Meeting Agenda for discussion. At the request of Commissioner Grier, the Town Manager's memorandum dated October 14, 1986 regarding computer software, as well as the proposed consolidation of bank accounts will be placed on the November 5, 1986 Regular Meeting Agenda. There being no further business to come before the Town Commission at this time, this meeting was adjourned at 5:4fd p.m. APPROVED: MAYOy~R EDWAR ~. SULLIVAN VICE M OR MARY~OUISE G. BLOSSER • ~~~~~~ C SSIO JOHN ~ ASSO x'1/1 ~ 1 ~1/~ COMMISSIONER WILLIAM A. GRIER COMM SIGNER BETTY JEAN STEWART ATTEST: Q/l~ GL.U.(~ DATE: JZ- f~-~~ r1 LJ