HomeMy Public PortalAbout11/09/1990.�vvcaaw cl. �, AJJV
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, NOVEMBER
9, 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 of the Regular Meeting & Public Hearing of October 18, 1990
IV. Additions, withdrawals, deferrals, arrangement of agenda items
V. PUBLIC HEARING
A. Variances
1. Mr. & Mrs. Edward Bolter, 2765 Ave. Au Soleil, Gulf
Stream, Florida 33483 requesting a variance to permit an
existing screened enclosure to be converted to living
area. This addition would encroach 3.1' into the required
23.3' east side yard setback at the address aforementioned,
Lot 92, Place Au Soleil.
VI. Site Plan Review
A. Mr. & Mrs. Edward Bolter, 2765 Ave. Au Soleil, Gulf Stream,
Florida 33483 - Converting existing screened enclosure to
living area.
B. James Orthwein, 535 Banyan Rd., Gulf Stream, Florida 33483 -
Addition of a swimming pool and deck, a dock, and a 4' high
fence around the rear yard at 530 Banyan Rd., Lot 4, Block 3,
Polo Fields Plat No. 1.
VII. Reports
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION OR THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDEREI
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.
A.
Town Manager
1. Water Usage
B.
Town Attorney
1. Municipal League /County Wide Planning Council Status
C.
Planning Board e
D.
Financial Director
E.
Police Department
F.
Construction in Progress
VIII.
Items
for Commission Action
A.
Offer of Higher Limits of Liability Insurance
B.
Resolution 90 -7; Opposing an effort by Palm Beach County
Commission to make all County Ordinance relating to
environmentally sensitive lands applicable and enforceable
within Municipal Boundaries.
C.
Ordinance No. 90/2; Recinding Section 2 -2 of Chapter 2
of the Code of Laws and Ordinances entitled Employee Pension
Plan (lst Reading)
D.
Consideration of Resolution 90 -8 Relating to the establishment
of The ICMA Money Purchase Retirement Plan.
E.
Consideration of Resolution 90 -9 Relating to the establishment
of the ICMA Deferred Compensation Plan.
IX.
Correspondence
A.
Resolution 90- CCCCCCC; Opposing Proposed Referendum by County
Commission concerning environmentally sensitive lands -City
of Boynton Beach, F1.
X.
Public
XI.
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 CONSIDEREI
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.
PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Board of the Town of Gulf
Stream will hold a Public Hearing on Wednesday, November 7, 1990 at
9:00 A.M. and the Town Commission, sitting as the Board of Adjustment,
will hold a Public Hearing on Friday, November 9, 1990 at 9:00 A.M.,
Oboth in the Commission Chambers at the Town Hall, 100 Sea Road, Gulf
Stream, Florida at which the following will be considered:
An application submitted by Mr. & Mrs. Edward Bolter, 2765
Avenue Au Soleil, Gulf Stream, Florida 33483 requesting a
variance from the provisions of the following:
Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING
ORDINANCE, Section VII; "RS" RESIDENTIAL SINGLE - FAMILY
DISTRICT, Sub Section K; Side Yard Required, Paragraph 1.
to permit an existing screened enclosure to be converted
to living area. This addition would encroach three and one
tenths (3.1) feet into the required twenty three and three
tenths (23.3) foot side yard setback on the east side.at the
address aforementioned, Lot 92, Place Au Soleil.
ALL PERSONS INTERESTED in this matter may appear before the Planning
Board and the Town Commission of the Town of Gulf Stream at the times
and place aforesaid and be heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY
PLANNING BOARD OR THE TOWN COMMISSION, SITTING
WITH RESPECT TO ANY MATTER CONSIDERED AT THESE
WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR
INSURE THAT A VERBATIM RECORD OF THE PROCEEDINi
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
286.0105, F.S.S.
DECISION MADE BY THE
AS THE BOARD OF ADJUSTMENT,
PUBLIC HEARINGS, SAID PARTY
SUCH PURPOSE, MAY NEED TO
3S IS MADE, WHICH RECORD
THE APPEAL IS TO BE BASED.
Dated: October 12, 1990 TOWN OF GULF STREAM, FLORIDA
Publish: Palm Beach Post -Times
1st Publication: October 22, 1990
2nd Publication: November 1, 1990 Rita L. Taylor e Town Clerk
THIS NOTICE IS PUBLISHED PURSUANT TO THE TOWN OF GULF STREAM CODE OF
LAWS AND ORDINANCES AND IS POSTED AT THE GULF STREAM TOWN HALL IN A
CONSPICUOUS LOCATION OUTSIDE THE FRONT DOOR.
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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, NOVEMBER 9, 1990 AT 9:00 A.M.
I. Call to Order
The meeting was
in the absence of Mayor
II. Roll Call
Present:
Absent:
called to order at 9:00 A.M. by Vice Mayor Armourn
Koch.
Alan I. Armour
James E. Cross
Lawrence E. Stahl
Kathleen S. Wallace
William F. Koch, Jr.
(with notice)
Vice Mayor
Commissioner
Commissioner
Commissioner
Mayor
Also Present: Franklin E. Flannery Town Manager
John Randolph Town Attorney
Richard Brandt Code Enforcement Officer
Robert Schultz Police Chief
William Mayer Chairman, Planning Bd.
III. Minutes of the Regular Meeting & Public Hearing of October 18, 1990
Commissioner Cross moved and Commissioner Wallace seconded that the
minutes be approved as circulated and all voted AYE.
IV. Additions, withdrawals, deferrals, arrangement of agenda items
Town Manager Flannery requested that there be added Item VII.A.2.
Surplus Property. There were no objections.
V. PUBLIC HEARING
A. Variances -Board of Adjustment
1. Mr. & Mrs. Edward Bolter, 2765 Ave. Au Soleil, Gulf Stream,
Florida 33483 requesting a variance to permit an existing
screened enclosure to be converted to living area. This
addition would encroach 3.1' into the required 23.3' east
side yard setback at the address aforementioned, Lot 92,
Place Au Soleil.
Vice Mayor Armour asked for the recommendation from the Planning Board.
Chairman Mayer advised that there had been no response from the neighbors
and the Planning Board is recommending that the variance be granted as
requested since the improvement won't encroach beyond the point that the
existing screened enclosure encroaches. There was no comment from the
public and Commissioner Cross moved that the variance be granted as
requested. The motion was seconded by Commissioner Wallace and all voted
AYE.
VI. Site Plan Review
A. Mr. & Mrs. Edward Bolter, 2765 Ave. Au
Florida 33483- Converting existing scre
living area.
Commissioner Wallace moved and Commissioner Cross
plan be approved as submitted, following a report
that the Planning Board recommends approval. All
Soleil, Gulf Stream,
:ned enclosure to
seconded that the site
from Chairman Mayer
voted AYE.
B. James Orthwein, 535 Banyan Rd., Gulf Stream, Florida 33483 -
Addition of a swimming pool and deck, a dock, and a 4' high
fence around the rear yard at 530 Banyan Rd., Lot 4, Block 3,
Polo Fields Plat No. 1
Chairman Mayer advised that the Planning Board recommends approval. Commis-
sioner Cross moved and Commissioner Wallace seconded that the site plan be
approved as presented and all voted AYE.
Town Commission Meeting Minutes of November 9, 1990 page 2
VII. Reports
A. Town Manager
1. Water Usage
Town Manager Flannery advised that the water usage for the
Town was 22.1% less at the end of October than it was at the same time in
1989. He added that at the December Meeting, he would present a very
detailed report to cover the past year. Vice Mayor Armour reminded that
the Town must keep encouraging water conservation.
2. Surplus Property
Mr. Flannery reported that the Town's Tractor is in need of a considerable
C} amount of expensive repairs and that since the Town is no longer collecting
trash, the Town has need for the use of a tractor on very few occasions.
He added that the Gulf Stream School has need of a tractor and that one of
their employees is a good mechanic. Mr. Flannery recommended that the
Town declare the tractor surplus property, give it to the School who will
assume full responsibility for the vehicle and will loan it to the Town
at the rare times the Town would need a tractor. Vice Mayor Armour felt
that it would be better to sell the tractor for a nominal sum to the School
and give them a bill of sale. He questioned how much the tractor is worth
since it is 7 years old. Town Manager Flannery felt that the tractor would
be worth 3 or 4 hundred dollars. Vice Mayor Armour stated that even if
the Town sold it to the school for one dollar that it would be better than
giving it away. Attorny Randolph agreed and stated that if the Commission
delclared it surplus property, the amount of the nominal fee could be
established by the Town Manager. Commissioner Stahl moved and Commissioner
Wallace seconded that the tractor owned by the Town be declared surplus
property and that the Town Manager be authorized to sell it to the Gulf
Stream School for a nominal sum. Roll Call: Commissioner Wallace; AYE,
Commissioner Stahl; AYE, Vice Mayor Armour; AYE, Commissioner Cross
abstained, declaring a conflict in that he serves on the Board of Trustees
at the Gulf Stream School.
B. Town Attorney
1. Municipal League /County Wide Planning Council Status
Attorney Randolph explained that the municipalities, includinc
Gulf Stream had objected to responding to declared Policy Inconsistencies
by the Countywide Planning Council between their Comprehensive Plan and
those of the municipalities due to the fact that when the Planning Council
was created by referendum their authority was established, dealing only
with mapped inconsistencies between jurisdictions. He advised that the
Palm Beach County Municipal League had obtained Counsel to challenge the
Countywide Planning Council and even after several meetings there has
been no point of agreement. He further reported that several public
hearings have been held and that a hearing for the Gulf Stream area will
be held on November 13, 1990 in Delray Beach. He did not feel it necessary
for a representative to attend as Gulf Stream's objections had been
provided by letter previously. He also did not feel that it is necessary
C! to adopt a resolution that is suggested by the Municipal League as he
felt the language did not accurately state the Gulf Stream position that
was contained in the previous letter. Town Manager Flannery was directed
to send another copy of the letter along with a cover letter of explanation
to the Public Hearing of November 13, 1990 to be placed in the record
thereof.
C. Planning Board
Chairman Mayor advised that the Planning Board had meade recom-
mendations related to the proposed Historical Preservation Ordinance and
the establishment of a Community Appearance Board and those recommendations
would be presented at the Special Commission Meeting to be held on
November 28, 1990. Attorney Randolph suggested that copies of the minutes
of the Planning Board meeting be distributed to the Commission as soon
as possible.
Town Commission Meeting Minutes of November 9, 1990 page 3
D. Fincial Director
Mr. Gwynn reported that the outside auditors had completed
their field work the week of October 29, 1990 and would have a preliminary
copy of the audit ready for staff review very soon. He advised that copies
of the final audit would be distributed to the Commission in advance of
the December.meebina.,at which a representative of the audit firm
will-be present to answer any questions. Mr. Gwynn then reviewed the
financial report for October, 1990 commenting that since it only covers
one month of the new fiscal year, projections are not too meaningful. He
did point out that the invested funds can be expected to decrease until
the tax payments start coming in: Comm. Wallace moved and Comm. Cross
seconded that the financial report be approved and all voted AYE.
E. Police Report
Chief Schultz gave a report of police activity for the month
of October, 1990. At the conclusion, Commissioner Cross, on behalf of
Gulf Stream School, expressed their gratitude for the Departments presence
at the school during the peak times for traffic congestion and in particular
to Chief Schultz for establishing a traffic pattern which most parents
are complying with.
F. Construction in Progress
The construction report reflected that the construction'in
progress in October, 1990 has a dollar value of $10,778,041.00
VIII. Items for Commission Action
A. Offer of Higher Limits of Liability Insurance
Mr. Flannery reminded that in the past it had been impossible
to obtain higher limits of liability coverage for municipalities but now
the Florida League of Cities is able to offer up to $5,000,000 with the
Town's current coverage being $1,500,000. Mr. Flannery noted that the
additional premium for the coverage of $5,000,000 would be $1,689.00 and
he recommended that it be purchased. Attorney Randolph remarked that
municipalities had been trying for years to get higher limits of coverage
and felt that this is a good opportunity to do so at a reasonable cost.
Commissioner Cross moved that the Town Manager be authorized to arrange
for the Town's Liability Coverage to be increased to $5,000,000 at an
increased premium of $1,689.00. The motion was seconded by Commissioner
Wallace and all voted AYE.
B. Resolution 90 -7; Opposing an effort by Palm Beach County
Commission to make all County Ordinances relating to
environmentally sensitive lands applicable and enforceable
within Municipal Boundaries.
The Town Clerk explained that the staff was directed to prepare
the resolution during action at the October, 1990 meeting. Commissioner
Wallace moved and Commissioner Cross seconded that Resolution 90 -7 be
adopted and all voted AYE.
C. Ordinance No. 90/2; Recinding Section 2 -2 of Chapter 2 of the
Code of Laws and Ordinances entitled Employee Pension Plan (1st)
�j Attorney Randolph explained that as a result of actions at the
October meeting at which the Commission voted to change pension plans, it
is necessary to recind the existing provision for the existing plan before
adopting resolutions to implement the ICMA Plan. He advised that this
would be the first reading with the adoption to follow at the November 28th
Special Meeting. Commissioner Stahl moved that Ordinance No. 90/2 be
approved on first reading, seconded by Commissioner Wallace and all voted
AYE. Vice Mayor Armour felt that the trustees of the current pension plan
should have a meeting before that time to disband and /or take any action
necessary to prepare for adoption of the new plan. Mr. Gwynn, one of the
trustees, stated he will arrange for such meeting.
Town Commission Meeting Minutes of November 9, 1990 page 4
D. Consideration of Resolution 90 -8; Relating to the establishment
of the ICMA Money Purchase Retirement Plan.
Attorney Randolph advised that this would be considered for
adoption at the November 28th meeting along with Resolution 90 -9 which is
the next item on this agenda. He stated that he had sent copies of these
to the representative of ICMA for review and that ICMA had requested that
Section 2 of both resolutions be changed from "The Town Commission hereby
directs the execution of the Declaration of Trust - - - -" to "The Town
Commission hereby by the adoption of this Resolution has executed the
Declaration of Trust - - - - -" which is just a procedural change. He called
attention to the mention of exhibits in each Resolution and advised that
those are documents that had been previously furnished the Commission
and that they are being adopted by reference. He suggested that the
Commissioners refresh themselves with the content prior to adoption on
November 28th so if there are any questions, Mrs. Riegler from ICMA can
address them at that time. Vice Mayor Armour noted that ID$ would have
to be advised as to what to do with the funds they now hold and Mr. Gwynn
advised that he and Mr. Flannery had been in contact with them and would
be handling the details. He added that if the current trustees were to
be involved in this, it would be handled at the time they hold their
meeting.
Town Manager Flannery requested that the Commission authorize that contribut-
ions into the ICMA Plan be made retroactive to commence October 1, 1990
since whatever is sent to IDC will be reduced by 5% which will be kept by
IDC as a penalty. Mr. Gwynn supported this request and advised that he
has sent nothing for October or November to IDC and felt it would be
better to start the new plan with ICMA at the beginning of the new fiscal
year which was October 1, 1990. Commissioner Stahl moved that contributions
to the ICMA Pension Plan be made retroactive to October 1, 1990. The
motion was seconded by Commissioner Cross and all voted AYE.
E. Consideration of Resolution 90 -9 Relating to the establishment
of the ICMA Deferred Compensation Plan.
The action taken on this item is covered along with the action
that was taken on the previous item D. Consideration of Resolution 90 -8.
F. Items by Commissioners
Commissioner Stahl stated that he had reviewed the proposed
easement agreement for installation of the sewer system by the Homeowners
Association that had been considered at the last meeting and asked Attny.
Randolph if a list of the participants had been received. Attorney
Randolph advised that he had discussed this with Mr. Hallock and the
Association is in the process of compiling these so the Town will be in
a position to lien the properties in the event the system is not maintained.
He stated that a notation of this would become a part of the recorded
property records. The Town Clerk advised that the Homeowners Association
�) would be holding a meeting in the Town Hall on November 20, 1990 in an
effort to resolve all remaining questions and be in a position to award
bids when the easement agreement is in place.
IX. Correspondence
A. Resolution 90- CCCCCCC; Opposing Proposed Referendum by County
Commission concerning environmentally sensitive lands -City of
Boynton Beach.
The Town Clerk explained that this resolution is similar to the
one that adopted by the Commission earlier on the agenda.
Vice Mayor Armour called attention to the notice from Leadership
Cable that they were increasing rates. He wondered if the Town could in-
crease the franchise and asked that the Town Manager review the current
contract and have a report at the December meeting.
Town Commission Meeting Minutes of November 9, 1990 page 5
X. Public
There was no comment from the Public.
XI. Adjournment
Commissioner Stahl moved to adjourn, seconded by Commissioner
Wallace and all voted AYE. Vice Mayor Armour adjourned the meeting at
10:10 A.M.
ATTEST:
Town Clerk
Mayor
Mayor Armour
Commissioner Cross
Commissioner Stahl
Commissioner Wallace