TOWN OF PALM BEACH SHORES TOWN COMMISSION REGULAR MEETING September 20, 2010

Transcription

1 TOWN OF PALM BEACH SHORES TOWN COMMISSION REGULAR MEETING September 20, 2010 John M. Workman, Mayor Alan D. Fiers, Vice Mayor Commissioner Roby DeReuil Commissioner Lisa A. Tropepe Commissioner Scott McCranels Town Attorney Keith Davis Town Clerk Carolyn Gangwer Town Manager Cindy Lindskoog 1. CALL TO ORDER a. Roll call b. Pledge of Allegiance 2. APPROVAL OF MINUTES: a. August 11, 2010 budget workshop meeting b. August 16, 2010 regular meeting c. September 8, 2010 tentative budget hearing 3. AGENDA APPROVAL: Additions, substitutions, deletions 4. DEPARTMENT REPORTS: a. Financial report for August 2010 b. Police department report c. Fire department report d. Staff reports 1) Town Manager 2) Town Clerk a) Review of Sewer Service rates e. Legal update f. Planning and Zoning Board report 5. MAYOR, COMMISSION REPORTS: a. Commissioners Priority Items 6. PUBLIC COMMENTS: 7. MISCELLANEOUS BUSINESS: a. Approval: special event permit for Pignataro wedding b. V10-2 Anthony & Sandra Lembo, 305 Claremont Lane, lot 143 PUBLIC HEARING Applicant seeking relief from Pf. 5.2 (d) Building height in order to allow an area of flat roof 55.8% of the total roof area where code allows a maximum of 10%. c. Discussion: short term rental issues d. Discussion: cigarette/tobacco products litter e. Discussion: amending Chapter 38 Garbage and Trash 8. ADJOURNMENT. Page 1 of 9

2 MINUTES CALL TO ORDER a. Roll call Mayor Workman called the regular Commission meeting to order at 7:05 p.m. Roll call revealed that all members of the Commission were present. Also in attendance were Town Attorney Davis, Town Administrator Lindskoog, Town Clerk Gangwer, Police Chief Kniffin, Fire Chief DeLoach, and Deputy Town Clerk Loftus. b. Pledge of Allegiance The Mayor led the assembled in the pledge to the flag. Mayor Workman requested a minute of silence for Richard Laabs who passed away suddenly. Mayor Workman noted that there will be a memorial service on September 25, 2010 beginning at 4:00 p.m. in the town hall meeting room. APPROVAL OF MINUTES: Commissioner DeReuil made the motion to approve the three sets of minutes as published. After a second by Vice Mayor Fiers, the motion passed unanimously. AGENDA APPROVAL: Commissioner Tropepe made the motion to approve the agenda as published with one adjustment - move agenda item 6. Public Comments ahead of agenda item 4. Commissioner McCranels seconded the motion. The vote was unanimous. PUBLIC COMMENTS: Dr. Mark Marciano introduced himself by giving the assembled a short biography. Dr. Marciano is running for State House of Representatives in District 83. The seat is currently held by Carl Domino. Election Day is Tuesday, November 2. DEPARTMENT REPORTS: a. Financial report for August 2010 Vice Mayor Fiers moved to approve the financial report of August 2010 as presented with a second from Commissioner Tropepe. Commissioner DeReuil asked if the town expects to collect all the revenues. Town Manager Lindskoog replied in the affirmative. Mayor Workman explained that the August disbursement of $327,862 brings the budgeted expenditures to 81% with 95% of the revenue received by the Town. The vote was unanimous. b. Police department report Chief Kniffin reviewed his written report with the Commission. Page 2 of 9

3 Commissioner McCranels asked if the bike patrol is still being used? Chief Kniffin replied that Officer Mike Simmons usually does bike patrol but has been under the weather. c. Fire department report Chief DeLoach apologized for the lateness of his report citing computer issues at the Fire Department. Chief DeLoach reviewed his report with the Commission noting that Fire Department training sessions for this month totaled 24 hours. d. Staff reports Town Manager Lindskoog reported: Ms. Lindskoog explained that a problem has arisen with the purchase of hybrid vehicles in the energy grant the town has received. The grant only applies to the difference between a normal vehicle and a hybrid. A group of municipalities have challenged the grant stipulations. The Town will look for other energy projects on which to spend the grant funds. The Dispatch renovations are going extremely well with Public Works Director Fleming overseeing the work. Ms. Lindskoog stated that she and Town Clerk Gangwer have been working on changes to the Personnel Handbook. A marked up copy will be brought before the Commission at the October or November meeting. Ms. Lindskoog noted the lack of trees in front of town hall. Donated funds from the Property Owners Association together with funds in the Town s tree replacement fund will allow mature shade trees to be purchased. Drug disposal day will be held on September 25 th from 10 a.m. to 2 p.m. in the Town hall meeting room no liquids, only pills will be accepted. The canopy installation at the Community Center is required to have sprinklers underneath. One quote of $5,700 has been received. Three quotes will be requested. Also at the Community Center Ms. Lindskoog is obtaining quotes to repair the doors. Six of the doors are not functional and have chains or gun locks on them. Coordinating carpet and acoustic panel colors to be ordered. The Property Owners Association has proposed doing window treatments but has run into a snag with the fire codes. Ms. Lindskoog fears window treatments will impact the aesthetics of the building. Town Clerk Gangwer reported: Ms. Gangwer reviewed the analysis of sewer service fees prepared by Bookkeeper Wells. Ms. Gangwer explained the fees for different structures, i.e. marinas, time share units, and vacant lots, etc. Sewer service rates would have to increase approximately 70% in order to generate the revenue to cover sewer service department expenses. Commissioner DeReuil asked what the sewer service covered. Ms. Gangwer replied that sewer service covers the operating costs of maintain the Town s lift stations. Page 3 of 9

4 Vice Mayor Fiers suggested increasing the fees to cover the Town s operating costs and have discussion of the increase placed on the next agenda. Town Attorney Davis explained that there are notice requirements for changes in utility bills. Mr. Davis opined that these rates are codified in Town Code. Attorney Davis suggested the rates be removed from Code and added to the fee schedule, which is approved by resolution. Vice Mayor Fiers made the motion to have the town staff and the town attorney take the necessary action to adjust the sewer fees in accordance with the analysis in staff reports, agenda item 4.d.2.a). Commissioner Tropepe seconded the motion. Commissioner McCranels opined that the sewer system is 15 years old and the costs have escalated. The town has not kept up with the costs and is basically subsidizing the maintenance. Attorney Davis noted that the town was supposed to review the fees every year. The motion passed on a unanimous vote. e. Legal update Attorney Davis has been working with the Zoning/Code Enforcement Officer regarding housing standards and occupancy limitations, etc. Attorney Davis would like to focus on the current housing code, square footage and the definition of dwelling. Attorney Davis stated that he would like to bring these changes before the Commission at the next Commission meeting. Attorney Davis would make the definitions of family and dwelling more defensible in the Town code. f. Planning and Zoning Board report Chairman Rick Ziegler opined that the Planning and Zoning Board have suffered a tremendous loss with the passing of Rick Laabs. Chairman Ziegler reported: The board has received the construction schedule for 313 Bamboo Road. Neighbors have complained about the length of the construction project but Code Enforcement Officer Palacios is addressing the situation. The Planning and Zoning Board approved a compliant single family addition for John Pandolfe at 319 Blossom Lane. Ray Berry has modified his proposed plan for a new hotel and restaurant on Inlet Way. Mr. Berry s revisions included the addition of wind turbines which would be located on the Inlet side of the property, and other green inhancements. A variance hearing to enclose an existing carport, add a breakfast room and cover an existing patio was discussed with a unanimous recommendation for approval for the additional flat roof area. Page 4 of 9

5 Jody Samanich stated that she accompanied Manny to compile a list of those lots in violation of the new hedge/vegetation ordinances. Town Clerk Gangwer explained that the next newsletter will contain an article regarding hedges. Mr. Palacios will send out friendly notices to the affected properties explaining the needed changes. Mayor Workman declared that he would like to tour the town properties in question with Ms. Samanich and Mr. Palacios. 5. MAYOR, COMMISSION REPORTS: a. Commissioners Priority Items Vice Mayor Fiers reported that the town will be receiving the executed PBA contract which will set the frame work for next year. Vice Mayor Fiers stated that a ranked, graded step structure will be initiated where salary would be capped. After reaching the cap only cost of living increases would be added. Vice Mayor Fiers recommended that the salary negotiations start earlier in the year to formalize the grade structure and create a more professional agreement. Town Manager Lindskoog and Mayor Workman will create the same type of plan for the remaining staff. Commissioner Tropepe suggested the Vice Mayor reach out to other small municipalities to see their salary structure. Commissioner Tropepe stated that she represented the town at the annual Florida League of Cities convention in Broward County. Commissioner Tropepe noted that there was much discussion regarding declining municipal revenues, including terminology like furlough and Chapter 9. Commissioner Tropepe declared that she is chairman of an ad hoc ITE committee created out of the Palm Beach County League of Cities to discuss issues of the economy. As an FYI the League has been listing the unfunded mandates sent to municipalities. The list is now up to 52 but fortunately the town is not subject to all of the unfunded mandates listed. ASDO which stands for alternative service delivery options is a group of elected officials and managers that have brainstorming sessions to look at different ways of doing business without the presence of press or media. Commissioner DeReuil has no report but reiterated his request for a dog park. Commissioner DeReuil also noted that shade sails for the children s playground are extremely costly. Town Manager Lindskoog recalled the Commission discussion of shade trees for the playground. It was suggested when tree shopping for the front of town hall that Ms. Lindskoog look into mature trees for the playground. Page 5 of 9

6 Commissioner McCranels had no report. Mayor Workman had no report. 7. MISCELLANEOUS BUSINESS: a. Approval: special event permit for Pignataro wedding Town Clerk Gangwer explained that this event is a Community Center related activity. Ms. Gangwer stated that the reason for the special event permit is the 100 guests expected to attend the wedding on the beach. No permit is required if there are only 50 guests. Commissioner McCranels made the motion to approve the Pignataro beach wedding with 100 guests. Mayor Workman asked if the Commission had already agreed to have staff approve such events? Ms. Gangwer replied that staff currently approves amplified music, but not special events. Mayor Workman suggested an agenda item at next month s Commission meeting formally adopting staff approval of beach weddings. Vice Mayor Fiers seconded the motion for the Pignataro wedding. The motion was unanimous. Vice Mayor Fiers made the motion to allow staff to approve beach weddings along with the Police following the same protocols as amplified music. After a second by Commissioner McCranels, the motion passed unanimously. b. V10-2 Anthony & Sandra Lembo, 305 Claremont Lane, Lot 143 PUBLIC HEARING Applicant seeking relief from Pf. 5.2 (d) Building height in order to allow an area Of flat roof 55.8% of the total roof area where code allows a maximum of 10% Town Attorney Davis stated that this hearing is quasi judicial and all persons wishing to speak will have to be placed under oath. Mr. Davis asked the Commission if they had any ex parte communication with the applicant to which they replied in the negative. Stephen Yeckes, agent for the applicants, explained that the Lembo home already has 35% flat roof which contributes to over 1/3 of the style of the house. Mr. Yeckes advised that the Planning and Zoning Board already approved enclosing the existing carport. The addition of 11 8 by 9 extension of the kitchen into a breakfast room and a covered roof in the patio are the additional coverage for the variance request. Both additions are in the back of the house and not visible from the front. Mr. Yeckes stated that adding enough sloped roof to come into code compliance would cause drainage problems. Mr. Yeckes showed a dotted plan of the roof if he were forced to construct sloped roof. Page 6 of 9

7 Attorney Davis requested a copy of the dotted plan as an exhibit of the hearing. Vice Mayor Fiers stated that the DRC recommended that the Lembos ask for a variance. Vice Mayor Fiers opined that the applicant proved hardship and leaks were imminent in that kind of cobbled roof. Commissioner DeReuil stated that he respected Mr. Yeckes design opinion, and his attempt to show the sloped roof. He opined that the intent of the code was how it affects the exterior view. Commissioner DeReuil indicated that he would vote in favor of the variance. Commissioner Tropepe asked Attorney Davis the history of Zone A discussions. Attorney Davis opined that the Commission spent years looking at zone A and sweeping changes were made to building height, flat roofs and the aesthetics of flat roofs as opposed to sloped roofs. Commissioner Tropepe stated that her home is the same layout as the Lembos. Commissioner Tropepe brought her plans to show that her contractor built a hip roof using crickets to alleviate the drainage problem and has had no leaks. Commissioner Tropepe declared that having additional roof pitches is more costly but is more aesthetically pleasing. Mr. Yeckes opined that Commissioner Tropepe had a much more extensive addition and that according to code neither Commissioner Tropepe nor the Lembos are required to change the existing flat roof. The issue is do the Lembos have to go with a sloped roof for such a small addition which will cause drainage issues. The total addition is less than 100 square feet. Mayor Workman asked if current code would allow a resident to enclose a carport of that size thus exceeding the allowable flat roof limit? Attorney Davis noted that the flat roof is pre-existing and enclosing the carport would not increase lot coverage and amount of flat roof allowed. Commissioner McCranels stated that everyone has made great points. During his new construction, the subject of using crickets came up and the contractors convinced him to stay away from that type of construction. In this particular situation the fact that the pre-existing roof is so far over the allowable percentage is more important. Commissioner DeReuil declared that the 100 sq. ft. flat roof has zero impact from the front and side of the house and meets the intent of the code. Commissioner McCranels made the motion to approve the variance for the Lembo residence at 305 Claremont Lane as presented by Architect Stephen Yeckes. Commissioner DeReuil seconded the motion. The variance passed with a 3 yea and 2 nay votes with Mayor Workman and Commissioner Tropepe dissenting. Page 7 of 9

8 c. Discussion: short term rental issues Attorney Davis stated that there is no town code regulating this particular use. Commissioner Tropepe has provided several examples of codes from other jurisdictions. Vice Mayor Fiers met with Chip Lubeck who has taken the lead to form a consortium to redevelop District B having meetings with the Shores Development Group, the Marriott, and Nationwide, etc. The areas of serious trepidation are: 1. the economy without a presale marketing plan 2. would the town be willing to work with the investors on some incentive package. Vice Mayor reported that a Code Enforcement meeting was held regarding 115 Bravado resulting in an order being issued by the Special Magistrate. Attorney Davis explained that the property constituted a public nuisance based on evidence from police officers and neighbors. The property owner agreed to accept the finding and also agreed to every recommended cure including: eviction of 3 of the 6 tenants an on site property manager background checks on future tenants incorporate noise, parking and garbage collection into leases meet with Community policing officer failure to abide by requirements will result in further hearing before Magistrate where the town can revoke part or all of the Certificate of Use. Attorney Davis suggested that rather than write a short term rental ordinance, the town could use policing and enforcement of the Certificate of Use ordinance. d. Discussion: cigarette/tobacco products litter Town Clerk Gangwer declared that Sue Franklin applied for and received a small grant to alleviate cigarette/tobacco litter on the beach. The grant supplies funds for signs, cigarette ashtrays as well as portable ashtrays. Ms. Gangwer suggested that the nuisance code be tweaked to add the definition of litter and tobacco litter at a later date. e. Discussion: amending Chapter 38 Garbage and Trash Attorney Davis stated this ordinance was before the Commission last month on first reading but was tabled. It was an attempt to clarify the trash collection code and especially address vegetative waste. On page three 38-5 (e) there is code talking about landscape maintenance workers removing the vegetative waste. Town Clerk Gangwer suggested that this would be problematic and not really practical. Should the Commission wish to proceed with this ordinance Attorney Davis recommended deleting this section. Page 8 of 9

9 Vice Mayor moved to approve Ordinance on first reading updating vegetation and trash code with the deletion of paragraph 38-5(e). Commissioner McCranels seconded the motion. Commissioner Tropepe proposed that the Town have Waste Management provide the garbage cans in the future. Town Clerk Gangwer noted that having Waste Management provide these cans would increase costs. Ms. Gangwer will contact Butch Carter of Waste Management for his input. Commissioner Tropepe suggested that if there are monies left over the town could look into purchasing the Waste Management receptacles. Commissioner DeReuil would like to modify the restrictions on yard trash along with Commissioner McCranels to a more liberal length in accordance with the procedure of Waste Management. Vice Mayor Fiers made the motion to modify the yard trash to 4 feet wide 4 feet tall not to exceed the width of the property. After a second by Commissioner McCranels, the motion passed unanimously. Commissioner DeReuil announced that he would have to resign his place on the Commission as he will be moving to North Carolina as of the next. Commissioner DeReuil suggested Rick Ziegler as his replacement. Mr. Ziegler stated that he was willing to replace Commissioner DeReuil, if necessary. Mayor Workman asked if Commissioner DeReuil would be present at the next Commission meeting? Commissioner DeReuil replied in the affirmative. Commissioner Tropepe made the motion to adjourn. Roberta Loftus Deputy Town Clerk John M. Workman Mayor Page 9 of 9