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HomeMy Public PortalAbout08/10/1990August 3, 1990 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross Lawrence E. Stahl Kathleen S. Wallace REGULAR MEETING AND PUBLIC HEARING OF THE TOWN COMMISSION /BOARD OF ADJUSTMENT OF GULF STREAM, FLORIDA TO BE HELD ON FRIDAY, AUGUST 10, 1990 AT 9:00 A.M. IN THE TOWN HALL OF GULF STREAM, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order II. Roll Call III. Minutes A. Special Meeting of July 10, 1990 B. Regular Meeting of July 13, 1990 IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements A. Regular Meeting to be held Tuesday, September 11, 1990, 4 P.M. B. Public Hearing- Tentative Budget Adoption to be held Tuesday, September 11, 1990, 5:01 P.M. C. Public Hearing -Final Budget Adoption to be held Thursday, September 20, 1990, 5:01 P.M. VI. PUBLIC HEARING A. Proposed Amendments to Comprehensive Plan 1. Section 4 -D, Potable Water Sub - Element B. Special Exception 1. Del Swilley, Inc., 12610 Webb Ave., Unit 8, Delray Beach, Florida 33444 requesting permission to place a construction shed on the site at 1601 N. Ocean Blvd., Gulf Stream, Florida owned by Mr. & Mrs. John McGraw that would be located approximately 240' east of the front property line and approximately 32' south of existing fence on the north side of the site at the address aforementioned. VII. Site Plan Review A. James B. Orthwein, Jr., 330 Banyan Road, Gulf Stream, F1.- Modification of a previously approved site plan for a proposed single family dwelling to permit the addition of a retaining wall at the property line adjacent to Polo Dr. and Banyan Rd., the height of which would be 2'6" above existing grade. The location of the proposed single family dwelling is on the north- west corner of Polo Dr. and Banyan Rd. B. Del Swilley, Inc. - Placement of a construction shed at 1601 N. Ocean Blvd. VIII. Reports A. Town Manager 1. Water Usage 2. Unpaid Lot Mowing Fees 3. Landscaping at the Police Department B. Town Attorney C. Planning Board D. Financial Director E. Police Department F. Construction in Progress Town Commission /Board of Adjustment Regular Meeting /Public Hearing August 10, 1990 page -2- AGENDA CONTINUED IX. Items for Commission Action A. Feasibility of acquiring irrigation water transmission main under the Intracoastal Waterway -Study by Butkas & Associates B. Date of October, 1990 meeting C. Homeowners Sewer Project 1. Work regulations for sewer construction 2. Specifications for repair of roadways accidently damaged during construction 3. Approval of easements on Town Rights -of -way for installation D. Items by Commissioners X. Correspondence A. Resolution 49 -90; Urging Legislature to expand the jurisdiction of nuisance abatement boards to allow prosecution of complaints against premises used as the site of unlawful sale, delivery or possession of controlled substances on more than two occasions -City of Lake Worth. B. County Proposed Local Option Sales Tax -P.B. Co. Municipal League XI. Public XII. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION OR THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDER AT A REGULAR MEETING OR PUBLIC HEARING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. 0 O REGULAR MEETING AND PUBLIC HEARING OF THE TOWN COMMISSION /BOARD OF ADJUSTMENT OF THE TOWN OF GULF STREAM, FLORIDA HELD IN THE TOWN HALL ON FRIDAY, AUGUST 10, 1990 AT 9:00 A.M. I. Call to Order The meeting was called to order at 9:00 A.M. by the Hon. William F.Koch, Jr. Mayor, said meeting having been duly noticed. II. Roll Call Present: Also Present: III. Minutes William F. Koch, Jr Alan I. Armour James E. Cross Lawrence E. Stahl Kathleen S. Wallace Franklin E. Flannery John Randolph William Gwynn Richard Brandt Robert Schultz William Mayer Del Swilley James Orthwein Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Town Attorney Finance Director Code Enforcement Officer Chief of Police Chairman, Planning Board Applicant Applicant A. Special Meeting of July 10, 1990 Commissioner Stahl moved that the minutes be amended on the first page to show that two vehicles are being budgeted for rather than the Capital Expenditures in the Police Department being reduced by the cost of one vehicle and related accessory costs. The motion was seconded by Commissioner Cross and all voted AYE. B. Regular Meeting of July 13, 1990 Commissioner Armour moved that the minutes of the Regular Meeting/ Public Hearing of July 13, 1990 be approved as circulated, seconded by Commissioner Wallace and all voted AYE. IV. Additions, withdrawals, deferrals, arrangement of agenda items Town Manager Flannery asked that item IX.C.3. be withdrawn from the agenda as had been the request from the Gulf Stream Homeowners Improvement Association, Inc. Commissioner Wallace asked to add item IX.D.1.; Letter of appreciat to Mrs. Krolik. Commissioner Cross requested to add item IX.D.2.; Discussion of a contract for the Town Manager and Town Clerk. Commissioner Stahl regeusted to add item IX.D.3.; Request for amendments to Town's Comprehensive Plan made by Palm Beach Countywide Planning Council. There were no objections to any of the requests. V. Announcements A. Regular Meeting to be held Tuesday, September 11, 1990, 4 P.M. Mayor Koch suggested that the meeting be held at 3:30 P.M. in order to make certain that the Regular Meeting was finished prior to the Public Hearing on the Budget scheduled for 5:01 P.M. All agreed. B. Public Hearing- Tentative Budget Adoption to be held Tuesday, September 11, 1990 at 5:01 P.M. There were no changes. C. Public Hearing -Final Budget Adoption to be held Thursday, September 20, 1990, 5:01 P.M. There were no changes. Town Commission Meeting Minutes of August 10, 1990 page -2- VI. PUBLIC HEARING A. Proposed Amendments to Comprehensive Plan 1. Section 4 -D, Potable Water Sub - Element The Town Clerk explained that this is a housekeeping matter. She pointed out that the Town had entered into a stipulation agreement with the Department of Community Affairs to amend this element in order to comply with DCA requirements and that the amendments considered at this public hearing are the same amendments contained in the stipulation. She reminded that the requirements for advertising and public hearings are the sae for amendments as they are for adoption of the plan itself. There was no comment from the public. Commissioner Stahl moved to approve the amendments as presented and to transmit the updated Comprehensive Plan to the Florida Department of Community Affairs. The motion was seconded by Commissioner Armour and all voted AYE. B. Special Exception 1. Del Swilley, Inc., 12610 Webb Ave., Unit 8, Delray Beach, Florida 33444 requesting permission to place a construction shed on the site at 1601 N. Ocean Blvd., Gulf Stream, Florida owned by Mr. & Mrs. John McGraw that would be located approximately 240' east of the front property line and approximately 32' south of existing fence on the north side of the site at the address aforementioned. Mr.William Mayer advised that the Planning Board recommends that the special exception be granted as requested, adding that it will be necessary that Mr. Swilley obtain a building permit from Palm Beach County. Commissioner Armour moved that the Special Exception be granted as requested subject to meeting the requirements of Palm Beach County and that provisions related to construction trailers be applied to this construction shed. The motion was seconded by Commissioner Stahl and all voted AYE. VII. Site Plan Review A. James B. Orthwein, Jr., 330 Banyan Road, Gulf Stream, F1.- Modification of a previously approved site plan for a proposed single family dwelling to permit the addition of a retaining wall at the property line adjacent to Polo Dr. and Banyan Rd., the height of which would be 216" above existing grade. The location of the proposed single family dwelling is on the north- west corner of Polo Dr. and Banyan Rd. Commissioner Cross left the podium for a brief period. Mr. William Mayer, Chairman of the Planning Board, reported that the Planning Board was recommending approval, pointing out that the code permits a wall at the property line and the wall proposed would not exceed the height limitations. He advised that a new drainage design had been prepared to reflect the change in grade elevations. Commissioner Stahl observed that Mr. Orthwein had incorporated three very large french drains to contain the first inch of rainfall that is required. Commissioner Armour mentioned that the drains at the driveway may also help the problem of standing water at this corner and then moved that the site plan be approved as presented. The motion was seconded by Commissioner Stahl and all present voted AYE. B. Del Swilley, Inc. - Placement of a construction shed at 1601 North Ocean Blvd. Commissioner Stahl moved that the site plan be approved as presented, seconded by Commissioner Armour and all present voted AYE. Town Commission Meeting Minutes of August 10, 1990 page -3- VIII. Reports A. Town Manager 1. Water Usage Mr. Flannery reported that the water usage for July, 1990 was 22.6% less than for the same period in 1989. He felt this is an indication that the residents are cooperating in reducing water consumption and advised that he planned to continue to remind everyone that this must continue thru inserts sent with each mailing of the water bills. Comm. Stahl stated that Boca had adopted an ordinance establishing restrictions on the use of water and included rate penalties for over users. He suggestec O that Gulf Stream give some thought to something similar. Mr. Flannery advised he had requested a copy of the Ordinance from Boca and would distribute same to each commissioner. 2. Unpaid Lot Mowing Fees Mr. Flannery explained that there is one vacant lot on Old School Road that the Town has mowed several times without having been reimbursed by the property owner W.D. Adams. He requested authorization from the Commission to begin the process of liening the property to cover the $460.00 due. Attorney Randolph advised that after the certified letters have been sent, it will be necessary for the Commission to adopt a resolution to place a lien. The Commission favored continuing on with the process. Commissioner Cross returned to the podium. 3. Landscaping at the Police Department Town Manager Flannery pointed out that the area in front of the building had been cleared and was now in need of planting. He suggested a Xeriscape Design but advised he had no expertise in this matter. The Commissioners agreed that the Town should set an example in water conser- vation and supplied Mr. Flannery with the name of an employee for the City of Delray Beach who is knowledgeable in this area. They then suggested that Mr. Flannery contact the Civic Association with regard to funding the project. Commissioner Armour complimented Mr. Flannery on his letter to the residents regarding water conservation. B. Town Attorney. Mr. Randolph had no report. C. Planning Board There was no report from the Planning Board. D. Financial Director Mr. Gwynn presented the financial report for the end of July, 1990 and commented that he felt the Town had "turned the corner" on the budget deficit but noted that legal fees are still over by $20,000. Commissioner Armour moved and Commissioner Wallace seconded that the report be approved as presented and all voted AYE. R. Police Department �) Chief Schultz gave a report on police activity for July, 1990, adding that there were over 5,000 miles traveled which indicates that adequate patrol is being given even tho there were 12 days during the month when 1 or more cars were in the shop. The Chief reported that Sgt. Williams had resigned and that effective August 24, 1990, the position of Captain is being abolished to bring the organizational structure of the the Department in line as recommended in the Rustin Report and that Jack Buchan would be assigned the Rank of Sergeant at that time, with Sgt. salary Mayor Koch advised that a Civil Defense meeting had been held in order to update planning in the event of a hurricane. Commissioner Wallace suggested that a Crime Watch letter be provided to the citizens to include helpful hints in several areas of crime prevention. She also suggested that some thought be given to the pros and cons of having a phone in the police vehicles. Town Commission Meeting Minutes of August 10, 1990 page -4- F. Construction in progress The report, previously distributed, shows that there is a total of $11,060,518.00 of work in progress as of July 31, 1990. IX. Items for Commission Action A. Feasibility of acquiring irrigation water transmission main under the Intracoastal Waterway -Study by Butkus & Associates Mayor Koch reminded that this report had been briefly touched on at the last meeting but at that time the Commission had not had an opportunity to review it in detail. He stated that it was obvious that O this possibility was not feasible. All Commissioners agreed. B. Date of October, 1990 meeting. Mr. Flannery suggested changing the October meeting from October 12, 1990 to October 26, 1990, advising that the Clerk would just be returning from vacation on October 12. Two Commissioners were unable to meet on October 26, 1990 and suggested that the meeting be held on October 18, 1990 at 9 A.M. All agreed however Commissioner Stahl advised he would be unable to attend. C. Homeowners Sewer Project 1. Work regulations for sewer construction. Mayor Koch noted that a copy of the regulations for construct- ion work in the Town as provided in the Town Code had been provided. The Commissioners agreed that this would apply to the work related to the installation of the sewer system and there would be no additional restrict- ions. 2. Specifications for repair of roadways accidently damaged during construction. Commissioner Stahl stated he had read the recommendations provided in the packet but was concerned that the reference to a "thoroughly compacted base" was not adequate to insure there would be no sinking in the future. He noted that there is generally compaction ratio established. Town Manager Flannery assured Mr. Stahl that the compaction would meet acceptable standards and that this recommendation that the surface be replaced with new asphalt for a distance of 10' was made to insure that there would not just be a "band -aid" patch put in place. 3. Approval of easements on Town Rights -of -way for installation This item was withdrawn under item IV. of the agenda. Commissioner Stahl stated that while this had been withdrawn, he would like to discuss it with Attorney Randolph. Commissioner Stahl was concerned that the members of the Association were not known and that there was nothing to hold them responsible for the maintance of the system in the event the Association was not in existance. Attorney Randolph advised that the members were joined by a Property Owners Association Agreement that would be recorded to run with the property and that he had concerns about future maintenance and had added paragraph 6. in the Easement Agreement to give the Town the right to maintain the system and lien the ^1 properties if the charges were not paid. The Commission went on record �J as wanting to be very sure that there would be no cost or liability to the Town, even in the future, with regard to the sewer installation. D. Items by Commissioners 1. Commissioner Wallace announced that Mrs. is moving out of the State and she suggested that a let signed by the Mayor on behalf of the Commission be sent her efforts in helping to formulate zoning changes and a historical preservation document. All agreed and the Town Manager to prepare a letter for his signature. Christine Krolik ter of appreciation to Mrs. Krolik for preparation of Mayor directed the Town Commission Meeting Minutes of August 10, 1990 page -5- 2. Commissioner Cross cited problems other Town's in the area are experiencing with regard to their administrative personnel and sug- gested that perhaps Gulf Stream should consider a contract for the Town Manager and possibly the Town Clerk. Mayor Koch was opposed to any contract for personnel. Commissioner Wallace questioned if this would be for the protection of the personnel to which Mr. Flannery responded that it would actually be for the protection of both the Town and the employee and went on to remark that even tho the administrative employee is a public servent, they enjoy none of the job security as the other employees, having no O property right to their job. He said that most contracts contain statements to the effect that the employee shall not be fired without cause and that he must be told why he is being fired. Mrs. Wallace suggested that perhaps a requirement that there must be a 4 to 1 vote in order to fire administrative personnel would be helpful. Mayor Koch felt that there had been no problems for 30 years and there is no need to change anything. Commissioner Armour felt that everything in government should be kept simple and contracts would only complicate matters. 3. Commissioner Stahl advised that he understood that a letter had been received from the Palm Beach Countywide Planning Agency that cites 32 points in the Gulf Stream Comprehensive Plan that do not meet, or are in conflict with,the Agency Plan. He asked Attorney Randolph to explain this. Attorney Randolph explained that all municipalities had recived similar correspondence and his office was in the process of evaluating these demands and recommending a response. He explained that a County Referendum authorized the establishment of the Agency a few years previously and the duties of the Agency were to be to resolve conflicts in zoning and development between adjacent jurisdictions, nothing more. He stated that it now appears that the Agency is beyond it's scope of authority and is preparing a universal plan for the entire county. He reported that several municipalities have indicated that they intend to challenge this but it is uncertain at this time if the challenge should be made now or at the time the Agency tries to enforce their demands. All members of the Commission agreed that the Gulf Stream Plan had been approved by the State and there was no desire to go beyond that. Commissioner Cross moved that Attorney Randolph be authorized to respond to the letter from the Countywide Planning Agency, advising that we considered them to be beyond their scope of authority with their demands. The motion was seconded by Commissioner Armour and all voted AYE. X. Correspondence A. Resolution 49 -90; Urging Legislature to expand the jurisdiction of nuisance abatement boards to allow prosecution of complaints against premises used as the site of unlawful sale, delivery or possession of controlled substances on more than two occasions -City of Lake Worth. �� Resolution 49 -90 was noted and made a part of the official record. B. County Proposed Local Option Sales Tax -Palm Beach County I Municipal League. The Town Clerk was asked to explain the League's position on this matter. She advised that in the event the County's Proposed Local Option Sales Tax is authorized on the referendum, there is a formula established by the State for sharing the proceedes with the municipalities. The County is asking municipalities to enter into Interlocal Agreements to shift all of the proceeds to the County to fund new jails and courts. In order to accomplish this, the County needs Interlocal Agreements to represent 50 +% of the population in the municipalities. The Town Clerk advised that she had read in the newspaper that the County had already achieved this. No action was taken by the Commission Town Commission Meeting Minutes of August 10, 1990 XI. Public There was no comment from the Public. XII. Adjournment Mayor Koch adjourned the meeting at 10:30 A.M. A TEST: Town Clerk Mayor page -6- Vice Mayor Armour Commissioner Cross Commissioner Stahl Commissioner Wallace