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