TOWN OF PALM BEACH SHORES TOWN COMMISSION REGULAR MEETING June 20, 2011

Transcription

1 TOWN OF PALM BEACH SHORES TOWN COMMISSION REGULAR MEETING June 20, 2011 John M. Workman, Mayor Lisa A. Tropepe, Vice Mayor Commissioner Roby DeReuil Commissioner Alan D. Fiers Commissioner Scott McCranels Town Attorney Keith Davis Town Clerk Carolyn Gangwer Town Manager Cindy Lindskoog 1. CALL TO ORDER a. Pledge of Allegiance b. Roll Call 2. APPROVAL OF MINUTES: a. May 16, 2011 regular meeting 3. AGENDA APPROVAL: Additions, substitutions, deletions 4. DEPARTMENT REPORTS: a. Financial report for May 2011 b. Police department report 1) Award presentation: Officer Steven Coe c. Fire department report d. Staff reports 1) Town Manager 2) Town Clerk e. Legal update f. Planning and Zoning Board report 5. MAYOR, COMMISSION REPORTS: a. Commissioners Priority Items 6. PUBLIC COMMENTS: 7. MISCELLANEOUS BUSINESS: a. Special Event Permit SpEv11-4 Fishing Tournament at Sailfish Marina b. Fire Department Day Room c. Fire Chief pension d. Legislative Department budget considerations 8. ORDINANCES AND RESOLUTIONS: a. First reading of Ordinance O-2-11 Amending Appendix A Zoning by repealing the definition of motel and by effectively prohibiting the motel use in all town zoning districts. b. First reading of Ordinance O-3-11 Amending Appendix A Zoning to relax fence and wall requirements on corner lots in Zoning District A and certain lots in Zoning District D. 9. ADJOURNMENT. Page 1 of 10 June 20, 2011 Town Commission meeting

2 Page 2 of 10 June 20, 2011 Town Commission meeting MINUTES The regular monthly meeting of the Town Commission of the Town of Palm Beach Shores was called to order at 7:04 pm by Mayor John Workman who led the assembled in the pledge to the flag. Roll call revealed that all board members were present, as well as Town Attorney Keith Davis, Police Chief Steven Kniffin, Fire Chief Martin DeLoach, Town Manager Cindy Lindskoog and Town Clerk Carolyn Gangwer. APPROVAL OF MINUTES: Minutes of the May 16, 2011 regular meeting were approved on a motion by Commissioner Alan Fiers and second by Vice Mayor Lisa Tropepe. AGENDA APPROVAL: The agenda was approved on a motion by Vice Mayor Tropepe and second by Commissioner Scott McCranels. DEPARTMENT REPORTS: a. Financial report for May 2011: Commissioner Fiers moved for approval of expenditures in the amount of $389,909 for the month of May. Commissioner DeReuil offered a second. Mayor Workman noted that revenues stand at 80% of budget, but this is slightly distorted due to recent large gifts to the town. He also noted that expenditures are slightly below those of May a year ago. The motion was approved unanimously. b. Police department report: Chief Steve Kniffin reviewed the first page of the written report. At the Chief s request, Reserve Officer Coordinator Liccardo reports that the Reserve Officers have: Made 48 arrests; Issued 85 traffic citations; Served a total of 2,580 hours; Have a total of 208 training hours; Filed 2 arrest warrants with the State Attorney s office; Assisted with removal of 2 sexual offenders from the town limits. The Mayor and Commission thanked the Chief for his report. Award presentation: Officer Steven Coe: Officer Coe was presented the Police Department s Lifesaving medal for providing First Responder care to an individual suffering from asphyxiation on April 8, 2011 at the Palm Beach Shores Resort. Commissioner Fiers asked for an update on 100 Bamboo Road. Chief Kniffin reported that this property will appear before the Code Enforcement Special Magistrate this Friday, June 24, 2011 at 2:00 pm relative to the large number of non-emergency police calls. Attorney Keith Davis explained that this property is being cited for violating the Certificate of Use code. The tenant activity and the corresponding number of police calls have risen to the level where it s disturbing the quiet enjoyment of the neighboring residents. The town will be seeking sanctions against this property owner, as has been done with other problem properties. c. Fire department report:

3 Chief Marty DeLoach reported: Chief DeLoach attended a meeting with Palm Beach County Fire Rescue regarding the dispatch services agreement. The target date for the transition is the end of August. Four training sessions were held during the month. 12 air packs were purchased, along with air bottles and other items. Only two alarms since last month. One call was a fire resulting in severe burns on one victim. Second annual pig roast scheduled for July 10 th at the Community Center. d. Staff reports: Town Manager Cindy Lindskoog reported: The town s hurricane plan has been provided to each Commissioner, at the Vice Mayor s request. This is updated annually by the Police department, as needed. Ms. Lindskoog attended the State City Manager s Conference in Clearwater several weeks ago. The main theme of the conference was doing more with less. The Village of Wellington gave a very good presentation on employee engagement, noted Manager Lindskoog. The new town entrance sign for Lake Drive has been ordered. After execution of the appropriate easement agreement, the second town sign will be ordered for Ocean Avenue, in front of the Palm Beach Shores Resort. Dredging: Ms. Lindskoog reported much good communication with the Army Corps on the dredging issue. She has had several conversations with affected town residents, and is providing their input to the Army Corps. Ms. Lindskoog will keep the Commission updated on this issue. Energy grant: work on energy grant projects will begin as soon as possible. Before work could commence, an RFP for the energy audits was required. All grant work must be completed by May Ethics Commission: training sessions for all elected and appointed officials as well as town staff will be scheduled as soon as possible. Inspector General: Ms. Lindskoog will attend the kickoff meeting this week. There was brief discussion relative to how these new laws will affect the town s budget, and how the requirements will be instituted. An RFP for landscaping and lawn maintenance services has been advertised. A recommendation of provider will appear on the July Commission agenda. Budget: work on next year s budget has begun. Third quarter projections are in the works. Town Clerk Carolyn Gangwer reported: 100 Bamboo Road will appear before the town s Code Enforcement Special Magistrate this Friday at 2:00 pm, as discussed earlier. Deputy Town Clerk Roberta Loftus attended the summer academy in Orlando, sponsored by the Florida Association of City Clerks. Ms. Loftus reported excellent classes including an in-depth look at payroll issues for municipal governments, and a class on State Statutes that particularly affect the Town Clerk s office. Ms. Gangwer thanked the Mayor and Town Commission for providing continuing educational opportunities to town staff. e. Legal update: Attorney Davis reported: Working with Chief Kniffin on issues surrounding the boat that washed ashore and the car that was seized. Working with Manager Lindskoog on the easement document for the town sign on Ocean Avenue. Page 3 of 10 June 20, 2011 Town Commission meeting

4 Mr. Davis attended one of the Inspector General s training sessions last week. He opined that this was a very enlightening experience, watching the give and take between the Inspector and the municipal representatives. For example, the IG s office must be notified of all public meetings related to a bid opening. The town is currently seeking bids for lawn maintenance services, so they will need to be notified of this. In addition, the Inspector General wants to be notified when the town is considering approving a contract which would piggy-back on a contract which has gone through the competitive bidding process. Mr. Davis noted that this requirement is not included in the ordinance, but the IG wants to do it anyway. There was considerable, sometimes heated discussion on this issue. The Town Manager stated that, at some point, she may reach out to the Commission asking when enough is enough? (Time, money, creating documents, etc.) Attorney Davis opined that the town does not have to drop everything when a request for records comes in from the Inspector General treat it the same way as a normal public records request. Vice Mayor Tropepe explained the League of Cities involvement in the Inspector General and Commission on Ethics issues. She noted that some towns are actually in favor of these new provisions, so there is not a united front at this point. Ms. Tropepe explained how the municipalities will be taxed to help fund the work of the Inspector General s office. The Vice Mayor urged anyone who is able to attend tomorrow morning s County Commission meeting when the Inspector General s budget and cost allocations will be discussed. Representatives from the League, and from Palm Beach Shores will be in attendance. Ms. Tropepe noted that perhaps it would be a good idea for staff to keep a log of anytime the IG s office asks for more than their ordinance requires. Commissioner Fiers asked Mr. Davis if an appointed body like the IG have the right to demand that elected officials attend certain classes and surrender certain documents without probable cause? The Town Attorney responded that, to the extent that authority was given to that entity by the referendum, approved by county voters, yes, the Inspector General has that authority. The IG has the power to do audits, review contracts, etc. The training is required through the Ethics Commission, noted Town Manager Lindskoog. Ms. Lindskoog commented that contractors doing business with the town will have to open their books to the IG, also. f. Planning and Zoning Board report: Board Chairman Rick Ziegler gave a brief recap of last month s Planning and Zoning Board meeting. He noted that a good deal of that meeting was spent on the issue of fence height and location on corner lots, which will be discussed by the Commission later in tonight s meeting. MAYOR, COMMISSION REPORTS: Vice Mayor Tropepe will be attending the annual Florida League of Cities convention in Orlando in August. She urged others to attend, also. Ms. Tropepe opined that the role of President of the Palm Beach County League of Cities is becoming a big one as a result of the state of today s economy. Some cities are in serious financial difficulty. Long time Executive Director Jamie Titcomb is leaving, with the new leader coming from Greenacres. The League is acting in a pro-active rather than re-active manner, stated Vice Mayor Tropepe. There was additional discussion about some of the issues arising out of the new Inspector General s office, including the training requirement. Commissioner Fiers had no report. Page 4 of 10 June 20, 2011 Town Commission meeting

5 Commissioner DeReuil reported that there is a petition with over 100 signatures in favor of a town dog park, and suggesting a location near the Community Center. Mayor Workman asked if this item should be placed on an upcoming agenda? Commissioner McCranels and Mayor Workman did not have any reports. PUBLIC COMMENTS: There were no comments from the public. MISCELLANEOUS BUSINESS: a. Special Events Permit Fishing Tournament at Sailfish Marina Special Event permit SP EV11-4 to allow a fishing tournament at Sailfish marina from July 8 July 9, 2011 was approved on a motion by Commissioner DeReuil and second by Vice Mayor Tropepe. b. Fire Department Day Room Town Manager Lindskoog led discussion. She reminded the Commission that in June of 2010, they approved use of town impact fees to build a day room for the Fire Department. There was consideration of an office upstairs for the Fire Chief, but after review, it was not feasible. Then, Commissioner DeReuil came up with a plan to put the Fire Chief s office in the Public Works garage area. An additional $6,000 from Contingency is being requested, in addition to the approved impact fees. Mayor Workman opined that having the day room at the fire station and giving the Fire Chief a separate office is an integral part of updating the town s volunteer fire department. Ms. Lindskoog added that the volunteers have offered to do this labor at no cost and to provide other items at their own expense. Commissioner DeReuil moved to approve reallocation of $6,000 from the Contingency fund for costs to create a day room, and to relocate the administrative office. Commissioner McCranels seconded the motion. Commissioner Fiers noted that later on this evening, after the conclusion of the regular Commission meeting, there will be an executive session meeting to discuss the police contract. He opined that the Commission needs to carefully consider doing nice but not necessary things such as a fire department day room, and new office for the Fire Chief, before they take care of the police officers. Commissioner Fiers suggested a figure of $15,000 (including impact fee and contingency funds) for this nice project. He opined that others will not understand the town s ability to spend on these types of things when they are not being taken care of. Mayor Workman opined that the day room and chief s office go a little further than nice to have. Vice Mayor Tropepe stated her opinion that an expenditure such as this is one thing, but it s something entirely different to approve recurring costs for others over several years. The motion was approved on a unanimous vote. c. Fire Chief pension. Mayor Workman provided a brief recap of what was discussed when the Fire Chief was hired. A qualified Chief was needed to oversee upgrading and visioning for the town s volunteer fire department and this is in process. The Fire Chief was originally hired as a part time employee, with the Page 5 of 10 June 20, 2011 Town Commission meeting

6 understanding that he would be made full time when he took over the responsibilities of the fire inspector. Mayor Workman asked that the Town Commission consider setting up a plan with FRS for the fire department, so that the Fire Chief can participate in the town s pension benefit, as do other full, and some part-time staff members. Vice Mayor Tropepe moved to approve setting up a pension plan for the Fire Chief with the Florida Retirement System. Commissioner DeReuil offered the second. Ms. Tropepe asked for the Town Manager to clarify who was covered by FRS? Ms. Lindskoog explained that all full time employees are members of FRS, and certain part time employees with regular, recurring hours and duties are also required to be members. Ms. Lindskoog also pointed out that the cost of the pension this year will be absorbed into the departmental budget, at no additional cost to the town. Commissioner McCranels stated that he wants to be sure that the town is not offering benefits above or below the average for this type of position. In addition Commissioner McCranels asked that the plan be set up correctly from the outset so that changes will not have to be made at a later date. Manager Lindskoog noted that the Florida Retirement System has specific rules as to how individual plans are set up, and the town must follow these. Commissioner Fiers stated that he is in favor of a pension benefit for the Fire Chief, but reminded everyone that this is another $7,500 out of next year s budget, and the years following. Mayor Workman stated that he is not willing to fire the Fire Chief in order to give other employees raises. The motion carried unanimously. d. Legislative department budget considerations: Mayor Workman explained that a budget amendment will be needed in order to allot adequate funds for the town to host the July League of Cities luncheon. With Vice Mayor Tropepe now installed as League president, it is even more important to provide for this important event, opined the Mayor. The additional amount being requested for this event is $3,000. In addition, $500 is being requested to help with the costs related to the Inspector General s office. Ms. Lindskoog pointed out that the Legislative budget is very small when compared with those of other cities in Palm Beach County. The Town of Palm Beach and Palm Beach Shores are the only two municipalities who do not pay their elected officials. Commissioner DeReuil moved to reallocate $3,500 from Contingency into the Legislative department, second by Commissioner McCranels. Commissioner Fiers reiterated his earlier sentiment about spending $3,000 for lunch. Commissioner DeReuil opined that having the Palm Beach County League of Cities luncheon at the Community Center will be good and worthwhile exposure for the town, and may lead to more rentals for that facility! Vice Mayor Tropepe stated her frustration that it is not clear to most folks what types of things are included in the Legislative department budget. For instance, it is used for educational opportunities for members of the Commission, for travel expenses to same, to pay for flowers when former Mayors pass away, etc. Because there is such high participation in conferences and continuing education, there are not enough remaining funds for the League event. So, to say publicly that this line item is just for a lunch is unfair, opined the Vice Mayor, who reiterated that it is used for a number of different things. Page 6 of 10 June 20, 2011 Town Commission meeting

7 Commissioner Fiers stated that he is going to vote for allocating these additional funds because it s the right thing to do. But, if we were not going to host this luncheon, would it be necessary to move $3,000 from Contingency? Vice Mayor Tropepe responded no. Commissioner Fiers stated that the Legislative department was within the approved budget until the luncheon was added. Vice Mayor Tropepe disagreed, recalling that including costs for the League luncheon was discussed during last year s budget approval process. Before that, the town had not hosted the luncheon event for several years, due to budget constraints, noted the Vice Mayor. Commissioner Fiers stated that he wants to make it clear that when the town does not do certain things for the people that keep this town safe, it s a whole lot more important than the Legislative budget, a fire department s office or a bunch of other nice to have things. Mr. Fiers opined that there s a dual standard going on here, and stated that it s not acceptable. Vice Mayor Tropepe responded that Commissioner Fiers was entitled to his opinion, as were all members of the board. She continued that it needs be clear that the Legislative line item is used for many things. There have been a lot of elected officials as well as staff who have been very active with educational opportunities this year, so the funds have been used up. Ms. Tropepe characterized Mr. Fiers statements as unclear and inappropriate. After further brief discussion, the vote was unanimous for approval. ORDINANCES AND RESOLUTIONS: a. First reading of Ordinance O-2-11 Ordinance O-2-11 was read aloud by title only by Town Clerk Gangwer. Attorney Davis explained that O-2-11 codifies what has already been done in the town s Comprehensive Plan. Existing motels would become existing non-conforming uses, and no new motels would be permitted. Mayor Workman noted that this change was a long-term goal with the recent updates to the Comprehensive Plan, and characterized this as a positive for the town. There was brief discussion relative to how the changeover would work. Commissioner DeReuil asked if this change would affect the proposed boutique hotel and restaurant at the inlet? The response was that O-2-11 only affected motels, not hotels. Commissioner Fiers moved to approve O-2-11 on first reading. Commissioner McCranels seconded the motion. Mayor Workman asked if removing the motel use would affect marinas which are allowed as a special exception accessory use to hotels and motels in District C? There was some discussion about whether or not it is a good idea to remove the motel use in all districts, as proposed, or should the use just be prohibited in zoning district B? Attorney Davis will check the town s Comprehensive Plan to see if it is possible to only prohibit motels in B. Commissioner Fiers modified his motion: move to approve O-2-11 on first reading, contingent upon removing the motel use only in Zoning District B, and continuing to allow it in Zoning Districts C and D. Commissioner McCranels agreed to second the amended motion, which passed unanimously. Page 7 of 10 June 20, 2011 Town Commission meeting

8 b. First reading of Ordinance O-3-11 Ordinance O-3-11 was read aloud by title only by the Town Clerk. The Town Attorney gave an overview of the changes to code included in the ordinance. On the bottom of page 2, at (b), front yards on Ocean Avenue have been added to the section, and front yard fences in zoning district D now mirror those in zoning district C. In addition, on page 3, height of fences on corner lots is addressed. The changes are only in zoning district A. The front yard of a corner lot in district A would be determined by the orientation of the house which way does the house face? Where is the front door located? The other portion becomes the side yard. Mayor Workman asked if there is a new definition for front of the house? Mr. Davis responded that the orientation of the house is being used, rather than a definition. Attorney Davis concluded the overview of O-3-11 by explaining the stringent new landscaping requirements for fences on corner lots. He noted that the 5 foot height is an arbitrary choice by him, and can certainly be changed. Commissioner Fiers moved to approve Ordinance O-3-11 on first reading, second by Commissioner McCranels. Lengthy discussion followed. Vice Mayor Tropepe handed out copies of the plat of the town. Referring to that map, Ms. Tropepe calculated that you could have 180 linear feet of fencing along Atlantic Avenue. On the short side (east/west streets), there could be as much as 55 linear feet of fencing, with this code change. She opined that people in Palm Beach Shores have been talking about the vistas in town for many years, and she is concerned with loss of some of the beautiful town vistas. Vice Mayor Tropepe suggested limiting fence length to a maximum of 55 feet. Planning and Zoning Board Chairman Rick Ziegler noted that 18 houses face Atlantic Avenue. He added that current code is unfair (3 foot high fences, max) because it keeps corner lot folks from the full enjoyment of their lots. Jon Arck stated that you could put up a foot high hedge along Atlantic Avenue rather than a 6 foot high fence what would block more vista? Alternate member Janet Kortenhaus mentioned discussion at the previous Planning and Zoning Board meeting concerning use of open air type fencing, with or without landscaping as an alternative to solid fencing. This would not affect vistas as much, she opined. Ms. Kortenhaus urged the Mayor and Commission to determine what they want to see in the future before changing the town s codes. Jody Samanich recalled hearing the term vista over and over during the recent hedge discussions. She stated that, worst case, with this type of code change, the town could end up with 6 foot high open air fences with solid vegetation on the west side of Lake Drive, and solid stockade or vinyl fences 6 foot high on the east side of Lake Drive. Ms. Samanich opined that people who bought corner lots knew what they were buying. At this point, Jon Arck read an from Joel Silberstein, who expressed his support of proposed O Page 8 of 10 June 20, 2011 Town Commission meeting

9 Commissioner McCranels disputed the opinion that because you purchased a corner lot, you should have known. He noted that codes often change after people purchase property. Commissioner McCranels opined that it is common sense to give owners of corner lots the ability to put up a fence on their side yards. Many of the houses on corner lots are pushed way back on the property, with no back yard at all. Diane Wimbrow expressed her agreement with Commissioner McCranels sentiments. Commissioner DeReuil stated his confusion with the way that this ordinance is written. He asked what the intent here is? Commissioner DeReuil stated that he does not have a problem with fences and hedges along Atlantic Avenue, as the town palm trees are already planted within 5 feet of the roadway, and there are already some fences and hedges along this road. Mr. DeReuil stated that he does have some concerns about fences along Lake Drive and Ocean Avenue. Mayor Workman suggested sending this document back to the Planning and Zoning Board for more work. Town Clerk Gangwer noted that the Planning and Zoning Board will be sitting as the Local Planning Agency next week to look at both O-2-11 and O Commissioner DeReuil stated that he would like to have to opportunity to make some notes on the draft ordinance before it progresses too far. Vice Mayor Tropepe would like to see the Planning and Zoning Board take another look at this ordinance. She would like to see a little more thought in the amount of fencing allowed along the roadway. Ms. Tropepe stated her concern that this proposed code change might amount to spot zoning. There was some discussion concerning why the change is needed for front yard fences in zoning district D, the fact that fences along Atlantic Avenue are different from Lake Drive and Ocean Avenue, and the fact that there are no changes proposed to fences in zoning district B. Commissioner Fiers stated his take on O-3-11, concerning districts B, C and D: it mandates that the front yards face the north/south streets (Lake Drive, Atlantic Avenue or Ocean Avenue). Commissioner DeReuil added that it also says that both sides of corner lots in B, C and D are still treated as front yards, and fences can be a maximum of 3 feet high, only to the front building line. Commissioner Fiers opined that this is because the uses in B, C and D are generally different from the residential uses in A. Commissioner DeReuil evaluated the concept: On Atlantic Avenue as well as on Lake Drive, O-3-11 would allow 6 high fencing along a portion of the north/south street or the east/west street, but not both. Rick Ziegler reiterated his opinion that this boils down to a fairness issue, simply giving the corner lot owners in District A the same ability for privacy as the interior lot owners in A. After further discussion, Commissioner Fiers rescinded his earlier motion, and made a new motion: move to have the Planning and Zoning Board take another look at this ordinance, and make any needed changes at their next meeting, dealing only with District A on Lake Drive and Atlantic Avenue, and still including the section which would allow front yard fences in zoning district D to mirror fences in zoning district C. Vice Mayor Tropepe seconded the motion. Commissioner DeReuil asked if moving the setback for fences along the east/west streets to 15 feet off the roadway would look better? Page 9 of 10 June 20, 2011 Town Commission meeting

10 Planning and Zoning Board Chairman stated that he does not want to go back and rehash the entire issue again, just wants to see the language cleaned up with that board s original intent. The motion passed on a unanimous vote. The meeting adjourned at 9:20 pm. Carolyn J. Gangwer, Town Clerk John M. Workman, Mayor Page 10 of 10 June 20, 2011 Town Commission meeting