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HomeMy Public PortalAbout03/13/1992March 6, 1992 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross Lawrence E. Stahl Kathleen S. Wallace REGULAR MEETING OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM TO BE HELD ON FRIDAY, MARCH 13, 1992 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Minutes of the Regular Meeting of February 14, 1992 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements A. Workshop Meeting of the Town Commission, March 27, 1992 at 9 A.M. B. Regular Meeting to be held on April 10, 1992 at 9 A.M. C. Proclamation declaring April, 1992 MONTH OF THE YOUNG CHILD. VII. Public Requests A. Update Report from the Gulf Stream Homeowner's Association regarding the private sewer system - Charles Hallock VIII. Site Plan Review A. Douglas Hackl of Hackl Pool Construction Co., Agent for Mrs. Lorraine M. Love, 3524 Oleander Way, Gulf Stream, F1. 33483 - Site Plan Review to permit construction of a swimming pool at the location stated herein. IX. Reports A. Town Manager 1. Water Usage 2. Update on Status of Australian Pine Trees B. Town Attorney 1. Status of Legal Action RE: County Charter Amendment C. Financial Director 1. Financial Report for February, 1992 D. Architectural Review and Planning Board 1. Regular Meeting to be held March 25, 1992 at 9:00 A.M. 2. Meeting held on February 26, 1992 E. Police Department F. Construction in Progress X. Items for Commission Action A. Interlocal Agreement for Part II of NPDES Permit Application B. Ordinance 92/1; Providing for operation of golf carts on public streets (first reading) C. Items by Commissioners XI. Correspondence A. Resolutions -City of Lake Worth 1. 8 -92; Opposing Governor's request for repeal of exemption from sales taxes on fuels used to produce electricity. 2. 9 -92; Opposing Governor's proposed levy of 2'k% tax on water sewer and garbage bills, effective June 1,1992. 3. 10 -92; Supporting State Constitutional Amendment providing for voter control of City taxes. 4. 15 -92; Requesting DCA to find Countywide Future Land Use Element to be "Not in Compliance ". 5. 16 -92; Supporting adoption of State Law to provide revenue for municipalities to be used solely for training & equipment to modernize records management systems. March 6, 1992 AGENDA CONTINUED XI. Correspondence Continued B. Resolution 6- 92'Opposing Ordinance 92 -1 of the Board of County Commissioners which amends the County Charter and establishes the County Commission as the Countywide Planning Council. - Village of North Palm Beach C. Resolutions - Village of Royal Palm Beach 1. 92 -7; Opposing the proposed countywide environmentally sensitive lands ordinance. 2. 92 -8; Opposing Palm Beach County Ordinance 92 -1 which provides for a referendum question to amend the Palm Beach County charter, establishing the Palm Beach County Commis- sion as a countywide planning council. D. Resolution 92 -09; Opposing the Countywide Growth Management and Land Use Authority Charter Amendment -City of Greenacres XII. Public XIII. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, 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. REGULAR MEETING HELD BY THE GULF STREAM TOWN COMMISSION ON FRIDAY, MARCH 13, 1992 AT 9:00 A.M. IN THE GULF STREAM TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order Mayor Koch called the meeting to order at 9:00 A.M. II. Pledge of Allegiance Vice Mayor Armour led the Pledge of Allegiance. III. Roll Call Present and William F. Koch, Jr. Mayor Participating: Alan I. Armour Vice Mayor James E. Cross Commissioner Lawrence E. Stahl Commissioner Kathleen S. Wallace Commissioner Also Participating: E. Scott Harrington John Randolph Rita Taylor Robert Schultz William Gwynn Charles Hallock Douglas Hackl Anne Henderson Town Manager Town Attorney Town Clerk Police Chief Finance Director Homeowner's Association Agent for Mrs. Love Town Resident IV. Minutes Commissioner Stahl moved that the minutes of the Regular Meeting of February 14, 1992 be approved as circulated. The motion was seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. V. Additions, withdrawals, deferrals, arranqement of agenda items. The Town Clerk requested that a proclamation declaring March as Red Cross Month be added as item VI.D; that a notice of proposed change in land use from Delray Beach be added as item IX.A3.; that a resolution from Palm Beach Gardens supporting voter control of city taxes be added as item XI.E.; and that resolutions from Lake Park and Lantana, both urging the Solid Waste Authority to continue the current billing system be added as items XI.F.and XI.G. Town Manager Harrington requested that a letter from Mrs. Henderson be considered under item XII., as she was present There were no objections to these additions. VI. Announcements A. Workshop Meeting of the Town Commission, March 27, 1992 at 9 A.M. The Town Clerk read the list of items that would appear on the agenda and Commissioner Armour asked to have added as another item,the matter of visibility control at intersections. This was agreeable. O B. Regular Meeting to be held on April 10, 1992 at 9 A.M. The meeting was announced by the Town Clerk. C. Proclamation declaring April, 1992 MONTH OF THE YOUNG CHILD. The Clerk read the title and Mayor Koch executed the document. D. Proclamation declaring Marcy, 1992 as AMERICAN RED CROSS MONTH. The Clerk read the title and Mayor Koch executed the proclamation, VII. Public Recuests A. Update Report from the Gulf Stream Homeowner's Association regarding the private sewer system - Charles Hallock Mr. Hallock, representing the Association,advised that in the first phase of the project,which is now completed, 45 lots were provided with the sewer connection. He added that 36 homes have joined in the project but 6 of those do not plan an immediate connection. Mr. Hallock Town Commission - Regular Meeting March 13, 1992 page -2- reported that 22 have been connected, some for 6 months or more, and that the remainder are in the process of connection. He was pleased to add that to date there have been no problems and those that are connected are also pleased with the system and service. As to the cost, he advised that at the present it is averaging $10 per month per unit plus a maintenance fee which is $15 per month. Mr. Hallock said that to date $ 330,000 has been spent but that figure includes the costs involved for the legal work and easements for the remainder of the project. With regard to Phase II, Mr. Hallock advised that the line could be continued south from Lakeview Drive to Golfview Road down Gulf Stream Road, which is estimated to cost less than $200,000, and provide for 75 connections He stated that the Gulf Stream Golf Club had expressed a desire to be included and it is estimated that would be an additional $120,000 due to having to cross AlA. Mr. Hallock advised that the Board of Directors of the Association have met and are considering the merits of ending the project at the end of Phase I, or continuing on to completion. He stated that he had no problem with continuing on if there were some assurance that the Board would not be permanently responsible for the system after it was completed. Mr. Hallock, on behalf of the Board of Directors of the Association, questioned under what conditions would the Town assume this responsibility. In reply, the Commissioners stated that they want to explore the possibility at length with the attorney and would like to know if any other towns had been involved in a similar situation. Mr. Hallock advised that there are several towns with this situation and that he would supply the names as well as a summary of facts regarding the system and the organization. Mr. Hallock went on to state that the Association would enter a contract for maintenance of the entire system which would also include handling the billings etc. If the Town should decide to assume control, the contract would be signed over to the Town from the Association. He added that assuming the system would not cost the Town and taxpayers anything; the entire operation would be funded by those who are connected. The Commis- sion directed Attorney Randolph and Town Manager Harrington to investigate the possibility of the Town accepting the system and report their findings at the April, 1992 meeting. Commissioner Armour and Commissioner Wallace acknowledged some responsibility on the part of the Town and complimented Mr. Hallock on the work he has done on this project. VIII. Site Plan Review A. Douglas Hackl of Hackl Pool Construction Co., Agent for Mrs. Lorraine M. Love, 3524 Oleander Way, Gulf Stream, F1. 33483 - Site Plan Review to permit construction of a swimming pool at the location stated herein. Chairman Orthwein, representing the Architectural Review and Planning Board advised that the Board had recommended that the site plan be approved as requested. Commissioner Stahl moved and Commissioner Wallace seconded that the site plan be approved as requested and recommended by the ARPB. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. Commissioner Cross left the meeting. IX. Reports A. Town Manager 1. Water Usage Town Commission - Regular Meeting March 13, 1992 page -3- Town Manager Harrington reported that water consumption is 208 less than at this same time last year and 268 less than what it was at this time in the base year that was established in the Comprehensive Plan. He stated all of this would be covered in the workshop when the Comprehensive Water Reduction Strategy is discussed. 2. Update on Status of Australian Pine Trees Town Manager Harrington reported that he and Mayor Koch Ci had met with DOT along with Jean Breazeale, representing the Citizens Committee, and as a result had participated in the selection of 17 Pines for removal. He further advised that the State Forester had also particip- ated in the selection. Mr. Harrington stated that even though there are a number of trees that are in the advanced stage of dying, only the actually dead and nearly dead are being cut, and that this would be the criteria to be used for selection in the future. Mr. Harrington went on to advise that an engineering solution is being sought for the visibility problem at Golfview and AlA in an effort to save the trees in that area. DOT has agreed to provide right -of -way designation prior to any cutting, he said. Mr. Harrington stated that to date they had not been able to do so and have now engaged an engineering firm to perform a survey of all of AlA in order to provide this information. He believed it may take several months for this. Mr. Harrington also reported that DOT will also trim the low limbs that could be hazardous to vehicles. They will be expending a total of $7,060 on the entire project in Gulf Stream during this fiscal year. Commissioners Stahl and Armour commended the Mayor, Town Manager and Citizens Committee for handling this matter to this acceptable conclustion. Town Manager Harrington reminded that the Town had agreed to provide a landscape design for replanting all of AlA right -of -way for DOT approval and advised that he would be contacting several landscape architects with regard to submission of proposals to bring before the Commission. 3. Delray Beach Land Use Change Town Manager Harrington reported that he had received notice that the City is proposing a land use change on a parcel of land across the Intracoastal Waterway from Hidden Harbor. The land use is currently a mixed use (open space /medium density residential /transitional) and is being considered for just low density residential, he said. Mr. Harrington recommended that the Town send a letter supporting this change since it would then be compatible with the low density residential use in Gulf Stream. He added that this change is being initiated by the City, not the developer which is all the more reason to support the proposal. Commis- sioner Armour moved that the Town send a letter to the City of Delray Beach in support of the change of land use to low density residential. The motion was seconded by Commissioner Stahl. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. 4. Fixing Boundaries of the 7 County Commission Districts Mr. Harrington advised that if the County Commission establishes the districts as they are now proposed, Gulf Stream will be represented by Commissioner McCarty rather than by Commissioner Phillips. The Commissioners indicated they would be pleased with this change. B. Town Attorney 1. Status of Legal Action RE: County Charter Amendment Attorney Randolph advised the judge had dismissed the case that was filed by the Municipalities since the referendum had been defeated by the voters. He believed that some type of compromise would be made whereby a body would be established to deal with conflicts as opposed to what was offered by the referendum which gave the County Commission full authority in this regard. Town Commission - Regular Meeting March 13, 1992 page -4- C. Financial Director 1. Financial Report for February, 1992 Mr. William Gwynn, Financial Director,reported that 70% of the taxes have been collected. He added that the large $16,000 + item that is shown as revenue had not been budgeted and consists of a refund from IDS,the previous pension system. This covers advance contributions the CTown had remitted that were retained due to employees terminating prior ' to vesting. Mr. Gwynn observed that from the report, the Town is operating within it's budget and the cash projection is on track. Commissioner Armour moved that the financial report be approved as presented, seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. D. Architectural Review and Planning Board 1. Reg.Meeting to be held March 25, 1992 at 9:00 A.M. The Town Clerk announced the subject meeting. 2. Meeting hald on February 26, 1992. Joan Orthwein, Chairman of the Architectural Review and Planning Board, reported that there had been one other site plan review, besides Mrs. Love's pool, and that had been continued to the March, 1992 meeting. E. Police Department Chief Schultz presented his report which detailed the activities of the month of February, 1992 and included information of projects under way. He advised that he is studying the use of non - lethal self defense and control weapons for use in Gulf Stream and has been working on a system of personnel evaluation which is near completion. He further advised that he expects delivery of the two new police cars in early April, 1992. F. Construction in Progress The report revealed there to be $8,122,231 worth of construction in progress during the month of February, 1992. X. Items for Commission Action A. Interlocal Agreement for Part II of NPDES Permit Application Town Manager Harrington explained that the Town had entered into a similar agreement to cover Part I of the NPDES Permit Application, as had all other municipalities in Palm Beach County. He advised that the lead agency on the application is the Northern Palm Beach County Water Control District and they have concluded that the cost to Gulf Stream for Part II would be $750.00 which has been budgeted. He further advised that the EPA will be requiring that funds be provided as a line item in each budget from now on to cover costs of sampling storm water discharge in certain designated locations. Commissioner Armour moved that the Town of Gulf Stream enter into the Interlocal Agreement as recommended by the Town Manager and that the Mayor be authorized to execute same. The motion was seconded by Commission Stahl. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. B. Ordinance 92/1; Providing for operation of golf carts on local public streets (first reading) The Town Clerk read Ordinance 92/1 by title. Town Manager Harrington advised that Florida State Law provides that golf carts may travel on local streets to travel to golf courses located within one mile provided the municipality permits same. He stated that carts must be equipped with reflectors and a rear view mirror and can only travel during daylight hours. In addition, he stated it would be necessary that a sign be erected at the entrances to the Town advising that golf carts are in' operation on the streets. He reminded this does not grant permission for Town Commission - Regular Meeting March 13, 1992 page -5- their use on State rights -of -way. Mr. Harrington suggested that if the Ordinance is adopted, information be distributed to cart owners thru the clubs in the town. The Commissioners agreed with this suggestion. Commissioner Armour moved and Commission Stahl seconded that Ordinance 92/1 be passed on first reading. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. C. Items by Commissioners C There were no items by Commissioners. XI. Correspondence A. Resolutions -City of Lake Worth 1. 8 -92; Opposing Governor's request for repeal of exemption from sales taxes on fuels used to produce electricity. 2. 9 -92; Opposing Governor's proposed levy of 2h% tax on water sewer and garbage bills, effective June 1, 1992. 3. 10 -92; Supporting State Constitutional Amendment providing for voter control of City taxes. 4. 15 -92; Requesting DCA to find Countywide Future Land Use Element to be "Not in Compliance. 5. 16 -92; Supporting adoption of State Law to provide revenue for municipalities to be used solely for training & equipment to modernize records management systems. B. Resolution 6 -92; Opposing Ordinance 92 -1 of the Board of County Commissioners which amends the County Charter and establishes the County Commission as the Countywide Planning Council. - Village of North Palm Beach C. Resolutions - Village of Royal Palm Beach 1. 92 -7; Opposing the proposed countywide environmentally sensitive lands ordinance. 2. 92 -8; Opposing Palm Beach County Ordinance 92 -1 which provides for a referendum question to amend the Palm Beach County Charter, establishing Palm Beach County Commission as a countywide planning council. D. Resolution 92 -09; Opposing the Countywide Growth Management and Land Use Authority Charter Amendment -City of Greenacres. E. Resolution 14 -1992; Supporting voter control of City Taxes - City of Palm Beach Gardens F. Resolution 15, 1992; Urging the Solid Waste Authority to continue the current billing system for 1 additional year -Town of Lake Park G. Resolution R- 07 -92; Urging the Solid Waste Authority to continue the current billing system for 1 additional year -Town of Lantana All items of correspondence were made a part of the official record and the staff was directed to prepare a resolution urging the Solid Waste Authority to continue the current billing system for 1 additional year, which would be considered at the April, 1992 meeting. XII. Public Mrs. Anne M. Henderson, 805 Tangerine Way, Gulf Stream, Fl. presented a letter to the Commission calling attention that there are swimming pools which had been constructed prior to any fencing requirements that are not fenced. She stated that it was her understanding that provisions could be made to require all pools to be fenced if it were phased in over a several year period. Mrs. Henderson requested that the Commission revisit the Town's position on unprotected pools and consider the available options. Town Commission - Regular Meeting March 13, 1992 page -6- The Commission expressed it's appreciation for Mrs. Henderson's concern over the welfare of the children and thanked her for presenting the matter to the Commission. Town Manager Harrington advised that currently the County is considering an amendment to the existing swimming pool code and that he would keep the Commission informed regarding it's provisions. XIII. Adjournment Mayor Koch adjourned the meeting at 10:25 A.M. Rifa L. Tdylor, To fi Clerk N