Loading...
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. K O tmo QnQ� 'o3K N tai < -N1 9 T � r m, r U. j m 0 N C m n ry c a c m R n S 'O N S S p7 9 ,ry,�n� cs.yy yrom Pw c n C N m aF+ 7 B a a m c m m' n 'rJ O n• C] R C N b w g n m m p- 0. m o y• .o R �p m ro 0 N O d 0 9 F 7 f O R m 0 M❑ m m b R 'G m •p � m S N R m w � 7 m� m R D a ry N 7 m r 0. m )( t z 0 C m a O' (D H a C7 m I� O � R R c g y m o m � ry ° ryi t i J. (D w H E m c m a ro c m N m 9 F 3ao3 > ^gm_ s'i <ao <c • p3 vm m: a: nm o °m °' o'n�sa9°Frui �nmm3mc mc3o'3rim� °°Y'' "opoi�u � mz °_ °• m �mm a° :3 =m°i�s Lmn�an3 °e> m �3�o gi <Sm °6- ne.�.w 3a s' <m um'imm3 .n$4 °m io n mn 0-1 CL PO m s A m cRi A S c. 0 0 o� 0 m ry (D c w o- 5 w m 7 C CO 7 ^' c m r.* s � N a 7 N N � m o- S m R m' S w N � N ry m O rm lD .0 N .p LO ry LO m .. a 7 m ro n x ro R n H W N N n O C z H «C O ro 9 W 9 n x m a O ry7 r O m d 0 O Ti �o W a C 2 C T rb m Grob �m 7 'b a d w`� lzj (] C L 1 ro b y om�03�;io:am�°3mnm pex mm0pa8:<<� n °m 3• ; =� ^c yo m0 •� ;on,m me °+ii mma ^�m3� 3 mnammi < °co'o or^a3_�i�o3m �m'mCO. m'm m ° °c4c i3nom�4mm' ° °m mmmm �mmNm 7n6�• _V; mtDm n3 mr sas_ � 3nnam E'o mm mu ig ;om ^imm?omn '3 non = 3v <von$° °� s mm m IMI ° _m¢mm G 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