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1986.11.25_TC_Minutes_Workshop TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission WORKSHOP MEETING Tuesday, November 25, 1986 1.30 P M The Workshop Meeting of the Town Commission was called to order by Mayor Edward J. Sullivan in the Town Commission Chambers at Town Hall. Also present. were Vice Mayor Mary Louise G. Blosser and Town Commissioners John J. Basso and Betty Jean Stewart. Commissioner William A. Grier was absent. Also present were Town Manager Hugh D. Williams, Town Clerk Mary Ann Mariano and members of the general public. 86.1 Public Comments and Requests: Mr. Abraham Futernick, resident of the Coronado, addressed the Town Commission under Public Comments and Requests and suggested that the Town consider the installation of a desalinization plant to improve the water quality and quantity through a 20 year bond issue. 86.2 Boards and Committees: • Three Regular Member vacancies were noted on the Code Enforcement Board, with the terms of Scholz, Gerber and Boepple expiring in December. It was further noted that Mr. Scholz and Mrs. Gerber were not eligible for re-appointment under the six year service limitation. Mr. Boepple is eligible to serve another three year term. This matter will be placed on the 12/2/86 Regular Meeting Agenda. It was noted that although Board Member Scholz does not wish to be considered for another Board at this time, Ellen Gerber would like to be considered for further service to the Town on another Board. Mayor Sullivan commented on the diligence and faithful service given by both Members Scholz and Gerber to the Code Enforcement Board for the past six years. 86.3 Proposed Resolutions and Ordinances: 1. 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, PROVID- ING FOR CERTAIN PROHIBITIONS; PROVIDING FOR REGULA- TIONS; PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVID- ING FOR AN EFFECTIVE DATE. (1st Reading 10/7/86 - Published 10/17/86) It was noted that the Town had come into possession of ordinances from Bal Harbour, Florida; Peoria, Illinois; Santa Ana, California and La Jolla, California for review by the Town Commission and possible inclusion of provisions into the proposed News Rack Ordinance. Town Commission Workshop Meeting • November 25, 1986 Page 2 of ~ Vice Mayor Blosser noted a recent article in the New York Times wherein it was reported that newspapers were agreeable to almost anything as long as it dealt with public safety. Responding to a question about safety, Chief Cecere felt that if news racks were allowed, they should be lighted and possibly covered with supporting structures as done in Boca Raton. Commissioner Basso felt that other areas had commercial properties upon which news racks were appropriately placed; however, Highland Beach has only residential properties. Commissioner Basso noted that the Holiday Inn might be the only appropriate place to allow the racks; however, he felt that limitations were needed in the ordinance to prohibit their location throughout the Town on residential properties, Vice Mayor Blosser noted further that it had been determined that locating the racks in the area of Town Hall was not feasible due to limitations of access, etc. Commissioner Stewart felt that the construction of the racks and location could be put into the purview of the Planning Board through the Zoning Code and further requested information as to Commissioner Basso's recommendation on the location and which section of the ordinance was being proposed for amendment. The proposed News Rack Ordinance will be placed on the 12/2/86 Regular • Meeting Agenda for possible approval. A revision regarding the limitation of location of the news racks will be submitted by Commissioner Basso prior to final reading. 2. 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. (1st Reading 11/5/86 - Published 11/14/86) Commissioner Stewart began discussion by clarifying that the rates had not been lowered but in fact the method of charging had been changed to save water. Further, Commissioner Stewart recommended that, with regard to the garbage service charges, the actual rate be set out in the ordinance with a tipping charge being set out in a separate resolution as a variable for ease in amendment from time to time. This proposed ordinance will be placed on the 12/2/86 Regular Meeting Agenda for possible adoption. A revision may be included to implement variable garbage and trash rates by resolution, 3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR THE REVISION OF THE CODE ENFORCEMENT BOARD ORDINANCE IN CONFORMANCE WITH FLORIDA LAW. This proposed ordinance will be given first reading at the 12/2/86 • Regular Meeting. This update incorporates recent legislative changes pertaining to Code Enforcement Boards in Florida. Town Commission Workshop Meeting November 25, 1986 Page 3 of ~ 4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING ORDINANCE N0. 528, WHICH APPROPRIATED FUNDS FOR FISCAL YEAR 1985/86, WHICH BEGAN OCTOBER 1, 1985 AND ENDED ON SEPTEMBER 30, 1986. The above ordinance was noted as being merely a bookkeeping measure in order to bring the 1985/86 fiscal year budget into balance. This ordinance will be given first reading at the 12/2/86 meeting. 5. PROPOSED RESOLUTION TO ESTABLISH POLICY FOR RETURNED CHECKS PURSUANT TO GUIDELINES ESTABLISHED BY STATE STATUTE. A proposed resolution to establish a policy for returned checks will be read and possibly adopted at the 12/2/86 meeting. It was noted that the State had recently adopted guidelines by which municipalities could levy charges for returned checks. 86.22 Discussion re. status of Boca Hi Sales Office Due to the absence of Bruce Sutherland, the Building Official, this matter was deferred to the 12/2/86 Regular Meeting. • 86.23 Request for extension of sales trailer permit ~` ,~ Mr. Talmo Purre, representing ITCO Properties (Beach Walk West) addressed the Town Commission requesting an extension of the sales trailer permit. Commissioner Stewart pointed out that according to i;'~ Code Sec. 5.6 a valid building permit was required, which section ~-~;; needed clarification prior to any action being taken. Mr. Purre's -~~"~,J authority to make such request will be determined. At the request of Vice Mayor Blosser, the Town Clerk will listen to the tape of the meeting in which said permit was originally issued to determine if any , time limit was set on the permit. This matter will be further discussed at the 12/2/86 Regular Meeting. 86.24 Discussion re. proposed Performance Security Agreement Frank Savino, Chairman, Community Appearance Board was present. He indicated that the Community Appearance Board had increased the amount required to secure such agreement to 200 in lieu of the 10g~ as originally proposed. Vice Mayor Blosser felt that the wording needed some clarification in order to state that this agreement was to be used for extraordinary circumstances only. This matter will be placed on the 12/2/86 Regular Meeting Agenda for further discussion and possible action. • f Town Commission Workshop Meeting November 25, 1986 Page 4 of $ 8.6._25 Discussion re transmittal of proposed Comprehensive Plan ,;r The Town Commission acknowledged receipt of the proposed changes to the ~` Comprehensive Plan as submitted by the Planning Board. In compliance ~' with applicable state laws, the Town Commission tentatively set a c.'.~ public hearing on this matter at 10:30 A.M. on Monday, December 15, 1986. 86.26 Discussion re. format and scheduling of the Bulletin The Town Manager advised that the Bulletin was not yet finished; however, it would be available by Wednesday afternoon, November 26. Mr. Williams further indicated that the Town Commission could make any comments with regard to this matter at the 12/2/86 Regular Meeting. Commissioner Stewart indicated that the Town Commission was supposed to be in receipt of this item in time for review prior to this meeting today. The consensus of the Town Commission was that the Bulletin should be distributed along with the Workshop Meeting Agenda each month in order to have same distributed by the first day of the next month. With regard to the pending issue of the Bulletin, this matter will be taken up at the 12/2/86 Regular Meeting. ' REPORTS - TOWN COMMISSION: • Mayor Edward J. Sullivan - Mayor Sullivan reported on his recent attendance at the South County Council of Governments Meeting. A representative from the Rail Trans- portation Group addressed the meeting regarding a proposed railroad connection between West Palm Beach and Miami, being necessitated by the extensive construction work to be done on both I-95 and the Florida Turnpike. The Mayor noted a memorandum received from Chairwoman Marcus of the Palm Beach County Commission regarding an Inter-governmental Cooperative Forum to be held on December 10, 1986 between the County Commission and all municipalities in Palm Beach County. Mayor Sullivan noted a resolution regarding the urging of Palm Beach County Commission to select a solid waste landfill site in South County due to the impending closing of the Lantana landfill. A similar resolution will be conformed and placed on the 12/2/86 Regular Meeting Agenda for possible action by the Town Commission. Vice Mayor Mary Louise G. Blosser - Vice Mayor Blosser reported on receiving a proposal from Municipal Code Corporation regarding an updated version of the Town's Code, with research being done as to conflicts within the code itself and any • conflicts with State Law. Clarification will be received on whether Town Commission Workshop Meeting November 25, 1986 Page 5 of ~ the proposal includes the Charter as well as the Code. Further, other sources for this service will be investigated with this matter being placed on the 12/30/86 Workshop Meeting Agenda. Vice Mayor Blosser requested information from the Town Manager regarding the status of available water in Town, suggesting that a moratorium might need to be considered by the Town Commission. Mr. Williams indicated that the Town had met its 1.8 million gallons per day limit on several occasions and expressed a concern that we were getting into the season and the quantity of water would be strained. Mr. Williams cited the elevated tank behind Town Hall which usually carries a level of 38 ft. of water. Between midnight and 7 A.M., this tank decreases 19 ft. of water, and takes-until midnight to fill back up to its appropriate level. Mr. Williams further stated that going below 19 ft. would seriously affect fire hydrant pressure in Town. It was the Town Manager's opinion that the decrease in levels was due to the sprinkler systems being used throughout the Town during those hours. Commissioner Stewart asked if any action had been taken through the Town Manager or the Public Utilities Director to publicize the problem and request that not all sprinkling be done during the same hours, maybe spreading the timing of sprinkling systems out between the critical hours. There has been no such action taken to date. Mr. Williams estimated that approximately 15~ of the water being used was being used for sprinkler and landscaping purposes. Mr. Williams further indicated that the Town wells were all declining in water level which could lead to serious problems. Vice Mayor Blosser indicated her concern and requested that the Town Commission begin consideration of a moratorium on building in order to avoid any critical deterioration in service. Mr. Williams cited a previous Camp, Dresser, McKee Report indicating that the Town's water service could only accommodate approximately 100 more households; however, further citing the fact that twice this amount had already been permitted and are under construction within the Town. The Town Attorney will be requested to draw up a calendar to proceed with the institution of a building moratorium. If possible, the hearings necessary for this matter will h th ro osed ~~.. ~. ,7 be held in cooperation with up-coming earings on e p p revisions for the Comprehensive Plan. Commissioner John J. Basso No report. Commissioner William A. Grier Absent. Commissioner Betty Jean Stewart -~''~ art Commissioner Stewart noted that according to the schedule given by '~'.,.--A Camp, Dresser & McKee, wellfield drawings were due on December 19. ~~, Town Commission Workshop Meeting November 25, 1986 Page 6 of 8 Mr. Williams will report further on this matter during his report. Commissioner Stewart requested that the matter of the Sewer and Water Enterprise Funds be placed on the 12/2/86 meeting agenda for appropriate action and approval. REPORTS - TOWN ATTORNEY Absent. REPORTS - TOWN MANAGER Responding to Vice Mayor Blosser's inquiry, Mr. Williams indicated that he had met with the Chairman of the Clarendon Condominium Association, who would be forwarding the proposed agreement for communications antenna to their attorney for review. This matter will again be discussed at the 12/2/86 Regular Meeting. The next matter discussed was the proposed promotion policy as submitted by Chief Cecere. The policy along with Chief Cecere's memorandum indicated that pursuant to the criteria it was his recom- mendation that Officer Widelitz be promoted to the Sergeant vacancy with Sergeant Guthlein being promoted to the Lieutenant vacancy in the • Department. Both the approval of the criteria and the approval of the recommended promotions will be placed on the consent agenda for the 12/2/86 Regular Meeting. Mr. Williams reported on his recent attendance (with representatives from Camp, Dresser & McKee) at the South Florida Water Management District Meeting wherein the Town's permit for the installation of an interim well was the subject for consideration. Mr. Williams noted that the South Florida Water Management District approved the Town's permits with some modification, including the mandate of a cluster well further West than the last one installed by the Town between the two .- existing wellfields. Mr. Williams indicated that Gary Whit of CDM ,.:.9 would be available at the 12/2/86 Regular Meeting to answer any ~-''~-~-~ ~.,- , questions of the Town Commission in this regard. With regard to a previously anticipated cannibalization of the Eastern wellfield pump for use in the Western wellfield, Mr. Williams indicated that although the new pump called for a 600 GPM pump, the Eastern wellfield pump was only a 450 GPM. The engineers will determine whether a 450 GPM pump can be utilized inasmuch as this will save the Town approximately $20,000. on a new pump. Vice Mayor Blosser requested information as to the quality of the water with regard to lead standards which will be required by 1988. Vice Mayor Blosser was advised that the Town already tests for lead at this point. Mr. Williams further indicated that the lead in question was more a problem when it passed the Town's jurisdiction into the private • residences as the concern was in certain solder and other items being used to install plumbing. Town Commission Workshop Meeting November 25, 1986 Page 7 of 8 __ - -- _ Commissioner Stewart commented that with regard to the November 5, 1986 Regular Meeting Minutes a MOTION had been made as noted on the bottom of page 4 which should be reviewed prior to the adoption of the Minutes. Again Mr. Williams advised the Town that until the installation of the interim well, initiation of the ammonia treated system could not take place as certain testing may be affected by the new well. -------- A proposed meeting being held at County Commissioner Wilkins' office on '', December 5, 1986 regarding the Milani Tract was discussed. Commissioner Basso stated that the Town should await the confirmation of this meeting in writing before taking any action on it whatsoever. ~, ` It was the consensus of the Town Commission that should such meeting take place the Town should be. represented. Further, this matter will be discussed again at the 12/2/86 Regular Meeting to determine whether the Town desires to have a prepared statement to submit to Commissioner Wilkins o n t h i s i t em . --_.______ Yf Mr. Williams then addressed a memorandum he had written to the Town ''-- Commission regarding the Comprehensive Plan overall update. It was noted that consultant fees had been placed in the upcoming budget, and --' further that the Treasure Coast Regional Council would not be ~3oing any' • of the update on this. This means that the Town will have to deal with outside consultants and falls under the Competitive Consultant Act. Mr. Williams indicated that it was his goal to have a consultant appointed at the February Meeting, and for this reason needs a Ranking? Committee in place prior to that time. Mr. Williams recommended that ~° five members be appointed, suggesting himself, the elected official whose area of interest is building, a Planning Board Member, Chairman of the Financial Advisory Board and one other member. This Ranking Committee will rank the proposals of consultants received. This matter will be placed on the 12/2/86 Regular Meeting Agenda for further '~, discussion and possible action. -.,,,_,j The Town Manager reported that the earlier disapproved request for the Palm Beach Marathon runners was again to be reviewed. Mr. Williams noted that instead of closing the northbound lane of AlA as originally requested, the runners were requesting to utilize the bike path to pass through Town. There was no objection to this as long as the activity was coordinated through the Police Department. Mr. Williams announced that the Water Plant had received a letter giving them an honorable mention for an award for water quality from the Florida Water and Pollution Control Operators Association. There being no further business to come before the Town Commission at this time, this meeting was adjourned at 3:35 P.M. Town Commission Workshop Meeting November 25, 1986 Page 8 of 8 APPROVED: R EDWARD] ~ SULLIVAN VICE_ AYOR„MAR LOUISE G. BLOSSER CO MI~`S]j~6NER JOHN J."~A55U ~ ~ ~ /« COMMISSION R WILLI M A. GRIER _ ;~ ~~~K-711 l-,.' COMMI IONER BETTY JEAN 5TEWART ATTEST: DATE: - 13-