PALM BEACH SHORES TOWN COMMISSION REGULAR MEETING December 15, 2008

Transcription

1 PALM BEACH SHORES TOWN COMMISSION REGULAR MEETING December 15, 2008 Commissioner Alan D. Fiers Commissioner Thomas R. Sullivan Commissioner John M. Workman Thomas R. Mills, Mayor Lisa A. Tropepe, Vice Mayor Town Attorney Keith Davis Town Clerk Carolyn Gangwer Town Administrator Cindy Lindskoog 1. ROLL CALL, PLEDGE OF ALLEGIANCE 2. APPROVAL OF MINUTES: a. Regular meeting of November 17, AGENDA APPROVAL: Additions, substitutions, deletions 4. DEPARTMENT REPORTS: a. Financial report for November 2008 b. Police department report c. Fire department report d. Staff reports 1) Town Administrator 2) Town Clerk e. Legal update f. Planning and Zoning Board report 5. MAYOR, COMMISSION REPORTS: a. Commissioners Priority Items 6. MISCELLANEOUS BUSINESS: a. V08-7 Joseph & Lauren Kirby, 333 Sandal Lane, lot 357. PUBLIC HEARING Applicant requests relief from Pf. 12.3(a)(1) in order to construct a swimming pool between the front property line and the existing single family residence. b. Discussion: Hedge height issues c. Presentation: Books on the Beach Jodi Samanich. d. Consideration: approval of PBA contract e. Discussion: Holiday pay/general Employee pay adjustment f. Discussion: Community Center g. Discussion: (1) Ocean Avenue drainage, (2) Edwards Lane manhole h. Consideration: additional pension termination payment 7. ORDINANCES, RESOLUTIONS and PROCLAMATIONS: a. Second reading of O Amending Chapter 46 Offenses regulating activities on the parkway and at the inlet gazebos, setting penalties for infractions to be included in the town s fee schedule which is adopted by resolution. b. Second reading of O Amending Chapter 10 Animals by placing fines for infractions into the town s fee schedule which is adopted by resolution. c. Second reading of O Amending Chapter 38 Garbage and Trash to clarify that the function of solid waste collection and disposal is reserved in the town and the town s franchisee. d. Resolution R Amending fee schedule. e. Consideration: Resolution urging State Legislature to equalize funding for South Florida. f. First reading of O Amending Appendix A Zoning Ordinance in order to remove any references to code illustrations. 8. PUBLIC COMMENTS: 9. ADJOURNMENT. Page 1 of 8 December 15, 2008 Commission meeting

2 Page 2 of 8 December 15, 2008 Commission meeting MINUTES CALL TO ORDER: The meeting was called to order at 7:00 pm by Mayor Thomas Mills, who led the assembled in the pledge of allegiance to the flag. Roll call revealed that all members were present. Also present were Town Attorney Keith Davis, Acting Police Chief Steven Kniffin, Fire Chief Larry Fauci, Code Enforcement Officer Manual Palacios, Town Administrator Cindy Lindskoog and Town Clerk Carolyn Gangwer. APPROVAL OF MINUTES: The minutes of the regular meeting which occurred November 17, 2008 were approved on a motion by Vice Mayor Lisa Tropepe and second by Commissioner Thomas Sullivan. AGENDA APPROVAL: The meeting agenda was approved as published on a motion by Commissioner Workman with second by Commissioner Sullivan. DEPARTMENT REPORTS: a. Financial report for November Commissioner Sullivan moved to approve expenditures in the amount of $251,770 for the month of November, The motion carried unanimously after a second by Vice Mayor Tropepe. Mayor Mills reported that the first substantial tax revenue payment from the County was received last week - $2,000,000. He opined that the current $3.5 million fund balance is a sign that the town s fiscal restraint over the last several years has paid off. Town Administrator Lindskoog noted that the $2,000,000 payment represents 68% of the expected Ad Valorem taxes for this fiscal year. b. Police department report. The police report for November 2008 was filed. Acting Chief Steven Kniffin reported that Officer Wheeler and Nitro have moved on to the Juno Beach Police Department. His last day will be December 11 th. Juno Beach will reimburse the Town $600 for the K-9 cage. Chief Kniffin wished Officer Wheeler well as he made this move. c. Fire department report. Fire department report for November 2008 was filed. Mayor Mills noted that 4 false alarm fine notifications were sent out recently more in the Town Clerk s report. d. Staff reports: Town Clerk Carolyn Gangwer reported: Next week s Planning and Zoning Board meeting includes several site plans, a site plan modification and a variance request. In addition, a discussion of District B issues is included on the agenda. 4 false alarm fine letters were sent out several weeks ago. The fines totaled $2400. After receiving the November False Alarm report, it looks like 2 more letters will go $200 each. A Excessive False Alarm Log has been drafted, and is included in the Town Clerk s written report. A reminder that the annual Employees Christmas party is this Friday night at the Community Center. Town Administrator Cindy Lindskoog reported: Lockheed Martin has requested to be allowed to remain at their site near the pump house until June Ms. Lindskoog noted that she spoke to the representative from LM about plantings around their installation, and they are willing to work with the Town and the Environmental Committee on this. Commissioner Workman moved to approve this request with the caveat that the mitigation plantings are installed. The motion passed after a second by Commissioner Sullivan. The new playground equipment is in and installation is nearly complete. The second floor doors at the Community Center have passed final inspection. Window tinting at the Community Center is being installed today. Also, the vinyl roll-downs are installed on the east and north sides downstairs. There are still unresolved issues with the elevator and the bar surface. Ms. Lindskoog is in the process of working on the NPDES report with the town s consultant. The memorial bricks will be installed after the flag pole is in. The additional pavers will be delivered in 4-6 weeks; the town s brick contractor is ready to proceed when they are delivered.. e. Legal update.

3 Attorney Davis reported that Trela White was named Florida League of Cities City Attorney of the Year at an event last month. This is a great accomplishment, and Ms. White was quite surprised. The Town Commission sent congratulations to former Town Attorney Trela White through Mr. Davis. f. Planning and Zoning Board report. There was no report, as the November meeting was cancelled. MAYOR, COMMISSION REPORTS: a. Commissioners Priority Items. Commissioner Sullivan s only issue is possibly beautifying the area around the town sign on Lake Drive. Vice Mayor Tropepe: Palm Tran bus stop: Mayor Mills stated that he was assured last Friday by a Vice President at Catalfumo Construction that a bus stop near Ocean Avenue and Beach Road will be included on their plan. Another outstanding issue is the buffer between the Ocean Mall site and the properties along the north side of Bamboo Road. Mayor Mills stated his understanding that Riviera Beach was willing to either put up a wall or landscaping it s up to the Town. The Vice Mayor asked if the City of Riviera Beach is aware of these issues as well as the sharp turn shown on the plan? There was some discussion regarding these issues. Vice Mayor Tropepe moved to send a letter to the Riviera Beach CRA, relating the issues of the bus stop, sharp turn and the wall/landscaping. After a second by Commissioner Sullivan, the motion carried unanimously. Ocean Avenue drainage: will be discussed later in the meeting. Vice Mayor Tropepe will be out of the country, going through the process of adopting a child in Siberia, and will miss the January Commission meeting. Commissioner Workman had no report. Commissioner Fiers: Port of Palm Beach A letter has been prepared by the Town of Palm Beach regarding their concerns with possible Port expansion, and expressing their opposition to funding for a feasibility study until their concerns and questions are answered. They have asked the Mayor of Palm Beach Shores to sign this letter, showing solidarity on this issue. This letter will be sent to Senators Nelson and Martinez and to Congressmen Kline and Rooney. Commissioner Fiers opined that the Port should be held to the same level of accountability as the auto companies have been why do you need the money and what will it be used for? He opined that there is strength in numbers, and commented that the Town will only get one bite of the apple on the issue of funding of the study. Town Administrator Lindskoog noted that there is no overt opposition to the inland port or expansion of the Port of Palm Beach in this letter. Mayor Mills stated that he is opposed to signing such a letter, because there have been no public meetings in Palm Beach Shores on this matter, and, in his opinion, everything has been formulated behind the scenes. The Mayor opined that he does not want the Town to be seen as siding with Palm Beach on this, when both West Palm Beach and Riviera Beach have voiced support. Vice Mayor Tropepe stated that she would like some more time to consider the letter, perhaps making some adjustments. There was extensive discussion regarding whether or not the Mayor should sign the letter as written, or whether a separate letter from the Town of Palm Beach Shores would be more appropriate. It was determined that a special meeting would be scheduled for December 18, 2008 at 5:30 pm to continue discussion on this issue. Commissioner Workman and Vice Mayor Tropepe would like to do some research and reach out to some of their contacts regarding the issue of Port expansion before the special meeting. Mayor Mills: The Police Department has taken legal steps to confiscate a 24 boat that recently washed up on the town s beach. MISCELLANEOUS BUSINESS: a. V08-7 Joseph & Lauren Kirby, 333 Sandal Lane, lot 357. PUBLIC HEARING All wishing to speak to this issue were sworn in by the Town Attorney. Page 3 of 8 December 15, 2008 Commission meeting

4 Project architect Ray Berry stated that he had been sworn in. He explained that the applicant, Mr. Kirby, planned to put a pool in, but felt that it was impossible to place it in the rear yard. Among the problems with placing a pool in the rear yard were access by heavy equipment, location of electric lines in the rear, and limited room for a pool to the rear of the house. He surmised that the only logical location for a pool would be in front of the house, behind the front building setback line. A wall to screen the pool from the road and the neighbors is proposed. A color rendering of the front elevation showing the wall was provided. This rendering was designated as Exhibit #1. Applicant Kirby explained that the pool would be situated behind the garage and second floor, and won t be visible to the west side neighbor, and the wall will hide the pool from the east side neighbors. Mayor Mills asked for clarification as to why this pool requires a variance? Mr. Davis explained that Pf. 12.3(a)(1) deals with setbacks for swimming pools in front yards. It states that the only time a swimming pool is allowed in a front yard is with corner lot properties, where side yards are actually front yards. The Mayor noted that this proposed pool does not project into the front setback is it still considered to be in the front yard? The Attorney explained that the specific code language states swimming pools shall not be placed between the front property line and the main structure on any lot located in Districts A and B. He clarified that the garage was part of the main structure in this instance. In the interest of further discussion, Commissioner Workman moved to approve V08-7, second by Vice Mayor Tropepe. Commissioner Sullivan opined that this pool could be placed in the rear yard, where there is 23 to work with. Mr. Berry agreed that a pool could be put there, but only with great difficulty heavy equipment, electric lines and the house is 2 higher in the rear than in the front. Mr. Kirby noted that his mother is moving in, and the proposed pool is for therapeutic use, as she has had 2 knee replacements. Having the pool in front would be much easier for her to access, he noted. Commissioner Sullivan stated his opposition to this variance request, maintaining that the pool could be constructed in the rear yard. Vice Mayor Tropepe concurred with Commissioner Sullivan, that there is room for the pool in the rear yard. Ms. Tropepe noted that this variance request does not satisfy the 6 criteria required by Town Code. Commissioner Workman noted that the Planning and Zoning Board recommended approval of this variance request. Mr. Workman felt that the garage was in front of the house, at least this is how he reads the code. Commissioner Workman stated his opinion that this request is justified. Commissioner Fiers stated that he agreed with the sentiments already stated by Vice Mayor Tropepe and Commissioner Sullivan. PUBLIC COMMENTS: Jim Vizzi of Sandal Lane felt that this variance request should be approved. Peggy Nagele of Blossom Lane opined that if the pool cannot be seen from the street it should be allowed. On a separate issue, Ms. Nagele stated her opinion that this Commission and other Commissions have seemed reticent when dealing with variance requests. Mayor Mills countered that the Commissioners do want to deal with variances when they meet the 6 stated criteria. V08-7 was denied on a 2 AYE and 3 NAY vote, with Vice Mayor Tropepe and Commissioners Sullivan and Fiers dissenting. b. Discussion: Hedge height issues. Mayor Mills opened discussion on this item, opining that the issue of hedge heights has been on Commission agendas for many years, and has never been resolved. Attorney Davis noted that some properties in town have historically been allowed to maintain non-compliant hedges, with sort of a gentlemen s agreement between neighbors. Mr. Davis reviewed current code on hedges. Page 4 of 8 December 15, 2008 Commission meeting

5 Code Enforcement Officer Manual Palacios gave a brief presentation regarding hedges in town. After performing a survey of the entire town, Mr. Palacios compiled a list of 33 non-compliant hedges. These hedges are obviously non-compliant, either too high or located in the first 3 of town property along the roadways. It was the Code Enforcement Officer s opinion that he must cite all non-compliant hedges if it is the wish of the Commission to pursue this. He asked for board direction on how to proceed. Discussion included specific properties where hedges were non-compliant along the street, the possibility of offering a sunset period for compliance, the issue of security with very high hedges, and whether or not code should be changed to allow higher hedges in some instances. It was determined that the Commission members will take a look at the non-compliant hedges throughout town, and be prepared to readdress this issue at the January Commission meeting. c. Presentation: Books on the Beach Jodi Samanich. Town resident Jodi Samanich gave a brief explanation of her proposed reading program, which would involve children aged 4 through 8, and is proposed for downstairs at the Community Center. Discussion included whether the bathrooms and/or kitchen would be needed (bathrooms only) and whether parents would be invited/involved. Town Administrator Lindskoog pointed out that this is the type of civic/public use that is being considered for the Community Center, to be discussed later in the meeting. The general consensus of the members was that this is a great idea for the town s kids. Vice Mayor Tropepe moved to approve the Books on the Beach program for the Town of Palm Beach Shores, to occur at the Community Center once a month at no charge to Ms. Samanich. This program will be evaluated after 6 months. After a second by Commissioner Fiers, the motion carried unanimously. Town Administrator Lindskoog requested that the dates for this program be coordinated with the calendar of events at the Community Center. d. Consideration: approval of PBA contract. Vice Mayor Tropepe noted that the PBA contract covering the period 10/1/2008 9/30/2009 has already been ratified by the Police Benevolent Association and executed by the Mayor. She questioned why the Commission is even looking at this document the time to look at this should have been when it was still in draft form, with strike throughs and changes noted. Mayor Mills recalled that he was authorized by the Town Commission to negotiate with the PBA, and he kept the Commission fully apprised of progress during the negotiations. It was the Mayor s recollection that this is how contracts were negotiated in the past. Attorney Davis characterized approval of this PBA contract as similar to approval of the monthly financial report, after the checks have already been issued more of a formality. Commissioner Fiers agreed that the Mayor was authorized by the Commission to negotiate this contract, and its obvious that this approval is after the fact. Mr. Fiers suggested that the Commission may want to change this process during the next contract negotiation. Commissioner Workman commented that he would have liked to have seen this contract before it was formally executed. He felt that this was at least as important as the letter regarding the Port, which also had to be approved by the Town Commission. Commissioner Fiers moved for ministerial approval of the one year PBA contract covering the period 10/1/2008 through 9/30/2009. Commissioner Sullivan seconded the motion which was approved unanimously. Attorney Davis noted that, for future reference, the Sunshine Law allows the Town Commission to meet with the Mayor out of the sunshine to set the parameters for negotiations with the PBA. e. Discussion: Holiday pay/general Employees pay adjustment. Mayor Mills opened discussion on this item. He recalled that several years ago, the shift for police officers was changed from 10 hours to 11.5 hours, in the interest of allowing the officers to have occasional weekends off. The Mayor opined that the new PBA contract rectifies a long time inequity, so that when an officer works a holiday for Page 5 of 8 December 15, 2008 Commission meeting

6 11/11.5 hours, he gets paid 11/11.5 holiday pay. Before, the officer was only receiving 8 hours holiday pay, even when working 10 hours on a holiday. Mayor Mills characterized this change as bringing this benefit up to industry standard. Because the budget was already completed when this change was effected in the PBA contract, the cost of paying 3 additional holiday hours for 13 holidays was not included in that budget. It was the Mayor s contention that, if an officer works an 11+ hour shift on a holiday, they should be paid for the 11+ hours in holiday as well as regular time. He noted that Town Hall employees work a regular 8 hour shift, so, they get paid 8 hours of holiday pay. Town Administrator Lindskoog clarified that the non-uniformed, general employees group includes Dispatch and Public Works as well as Town Hall employees. Commissioner Fiers calculated that the officers will now be paid for 143 holiday hours annually, and the non-union employees will be paid for 104 holiday hours. Mr. Fiers stated that he had no problem with the Police Officers receiving additional holiday benefits, but that this constitutes a 5.9% raise for union employees, not a 4% raise, as received by all other hourly town employees. Commissioner Fiers stated that he does not like to see this type of disparity between a group of employees represented by collective bargaining, and the rest of the town s employees who are not represented. He recalled that recent pension changes resulted in increasing the police officers plan multiplier from 2 to 3, but reducing the non-uniformed employees multiplier from 2 to 1.6. There was considerable discussion regarding the issue of increased holiday pay for police officers. Vice Mayor Tropepe summarized this issue: Police Officers will receive an additional $13,000 holiday pay adjustment for FY per the PBA contract. It will cost approximately $9,100 to provide a similar adjustment to non-union, non-salaried town employees. Neither of these amounts was anticipated in the current year s budget. After further discussion, Vice Mayor Tropepe moved, in the spirit of ultimately providing an equal dollar amount for holidays, across the board in the Town of Palm Beach Shores, to look for the additional funding necessary to achieve this goal, whether in the form of a percentage increase, or through some other bookkeeping method. After a second by Commissioner Fiers, the motion carried unanimously. f. Discussion: Community Center Town Administrator Lindskoog led discussion on this item. She recalled that, several months ago, the Commission discussed how to increase usage of the Community Center. Since then, several civic groups have asked for more use of that facility. Ms. Lindskoog read a list of staff recommendations: o It s very likely that additional donations will be forthcoming from various sources. Items belonging to the Community Center will require storage, preferably at the facility therefore, storage space will need to be kept on the front burner. o Use and maintenance of all non-fixed items will require additional coordination (i.e. laundering tablecloths, cleaning and inventory of dishes, etc.) and procedures must be put in place to manage these additional resources. o It has been requested that the Town consider opening the facility to residents during specified hours for the purpose of various activities such as playing cards, a book club, etc. Having the building open to the public would require a responsible party to be present at all times; this could potentially be done with volunteers being available for resident days. It s likely that usage would be heavier during the winter season, and much lighter during the summer. Usage such as this would put a little more community in the Community Center. o As the attached approved fee schedule indicates, there is currently no charge for reserving the first floor picnic facility. Although open for use to the public when not reserved, additional costs are incurred for all private events, i.e. staff time to open & close the facility, use of paper goods for the restrooms, staff time to prepare the site prior to the event and clean after the event, additional use of water and electricity, etc. A minimal fee should be considered (perhaps $25 to $35) in light of theses expenses. o As outlined in the current policies and procedures additional fees may be assessed for services and/or equipment required by the Renter ; accordingly a $25.00 fee has been established for use of bounce houses, water slides, etc. to cover water, power and any damage to landscaping. o The deposit for use of the upstairs portion of the center should be increased in consideration of damages and additional clean-up required for several events held thus far. The current deposit is $200, and I recommend that this be increased to at least $300. Ms. Lindskoog recalled that the Commission has also discussed how to increase revenues for the Center, which will cost at least $88,000 to operate this year, with anticipated revenues of only $8,400. She asked that the Page 6 of 8 December 15, 2008 Commission meeting

7 Commission put this concern on the back burner until the town s civic groups are given the opportunity to use the Community Center more. There was extensive discussion regarding how to have residents and civic groups use the Community Center more. Commissioner Fiers felt that the Community Center could be rented out at a fee of possibly $1,500 to outsiders for 53 days per year, and this would still leave plenty of dates for town residents. After further discussion, Vice Mayor Tropepe moved to try to get citizens and civic groups more involved in using the Community Center, and revisiting this issue in June, to increase the deposit for use of the upstairs portion to $300, and add a $25 fee for use of the downstairs. After a second by Commissioner Sullivan, the motion carried unanimously. g. Discussion: (1) Ocean Avenue drainage, (2) Edwards Lane manhole. Mayor Mills directed the Commissioners attention to the letters from Town Engineer Lee Collum addressing these two items. Discussion included whether some of this work can be piggybacked, and exactly what is proposed for the manhole on Edwards Lane. There will be a cost of between $1,500 and $2,000 for the engineer s survey. h. Consideration: additional pension termination payment. After some discussion, Commissioner Fiers moved to direct staff to request the pension attorney to negotiate the unanticipated $40,000 with Principal, and to pay Principal Financial the $96,190 amount that was originally mentioned. After a second by Vice Mayor Tropepe, the motion carried unanimously. Commissioner Fiers commented that he would like to see a budget resolution/amendment as soon as possible. ORDINANCES, RESOLUTIONS and PROCLAMATIONS: a. Second reading of O Ordinance O was read aloud by title only by Town Clerk Gangwer. Town Attorney Davis reviewed the revisions requested at last month s meeting. Commissioner Fiers moved to adopt O on second reading, with Commissioner Workman providing the second. Vice Mayor Tropepe opined that 75 is too far from the gazebo at the west end of the inlet park. After some discussion about having fish cleaning and fishing gear too near the gazebos, the motion to adopt O as written carried unanimously. b. Second reading of O Ordinance O was read by title only by the Town Clerk. O was adopted on a motion by Commissioner Sullivan and second by Commissioner Fiers. c. Second reading of O Ordinance O was read by title only by the Town Clerk. Vice Mayor Tropepe moved for adoption of O on second reading. After a second by Commissioner Sullivan, the motion carried unanimously. d. Resolution R After being read by title only, R was approved on a motion by Commissioner Workman and second by Commissioner Sullivan. e. Consideration: Resolution urging State Legislature to equalize funding for South Florida. Vice Mayor Tropepe requested that consideration of such a resolution be tabled until information is received from the League of Cities on this matter. There was general consensus to take up discussion on this matter at a future date. f. First reading of O Ordinance O-14-08, removing any references to code illustrations was read by title only by the Town Clerk. Passage of this ordinance will allow the Clerk to proceed with codification of all new ordinances without the sketches, which are not complete yet. Page 7 of 8 December 15, 2008 Commission meeting

8 Vice Mayor Tropepe moved to approve O on first reading. After a second by Commissioner Sullivan, the motion carried unanimously. PUBLIC COMMENTS: Vincent Allora of Edwards Lane suggested that the Commission consider having vegetation picked up later in the week than on the current Monday. He opined that most landscapers do their trimming and maintenance on Mondays, and the clippings sit around for the entire week. Mayor Mills stated that this will be investigated. Jodi Samanich asked about the status of placing the power lines underground. Mayor Mills explained that, due to difficult economic times, this project has been put on hold for now. She also asked that when the hedge and vegetation code is being reviewed, the Town should consider District A properties located next to District B properties. ADJOURNMENT: The Mayor thanked those who stayed until the end of the meeting, which adjourned at 10:25 pm. Carolyn J. Gangwer, Town Clerk Thomas R. Mills, Mayor Page 8 of 8 December 15, 2008 Commission meeting