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