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Home My Public Portal About10/09/1992October 2, 1992 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONERS: James E. Cross A. Curtis True, M.D. 0 Kathleen S. Wallace REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 9, 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. Additions, withdrawals, deferrals, arrangement of agenda items. V. Minutes A. Regular Meeting of September 14, 1992 B. Public Hearing held by the Local Planning Agency on September 14 C. Public Hearing of September 14, 1992 D. Public Hearing of September 28, 1992 VI. Announcements A. Date of November & December Meetings B. Proclamations 1. Child Care Aware Campaign -July thru October, 1992 2. Florida Red Ribbon Week- October 24 thru November 1, 1992 VII. PUBLIC HEARING A. Variances 1. Attorney Roger Saberson, Agent for Jane B. Speer, Trustee, 2817 N. Ocean Blvd. and Mr. & Mrs. Jefferson Vander Wolk, 2801 N. Ocean Blvd., Gulf Stream, Florida -To permit an existing nonconforming bathhouse to remain across a newly created property line which resulted from the division of a 300' parcel of land, causing an encroachment into the side yards of the two properties aforementioned. VIII. Site Plan Review A. Attorney Roger Saberson, Agent for Jane B. Speer, Trustee, 2817 N. Ocean Blvd., and Mr. & Mrs. Jefferson Vander Wolk, 2801 N. Ocean Blvd., Gulf Stream, Florida -To permit an existing non- conforming bathhouse to remain across a newly created property line which resulted from the division of a 300' parcel of land. B. Mark Marsh for Digby Bridges, Marsh &Associates, AGent for Mr. & Mrs. John McGraw, 1601 N. Ocean Blvd., Gulf Stream, Florida - Construction of a two story structure with garage /storage area and a caretaker's apartment, as an accessory structure to the single family dwelling under construction at this site. IX. Reports A. Town Manager 1. Sewer Survey Update 2. Drainage on County Road B. Town Attorney C. Finance Director 1. Finance Report for September, 1992 D. Architectural Review and Planning Board 1. October and November, 1992 meeting dates AGENDA CONTINUED O IX. Reports Continued Page 2 E. Police Report F. Construction in Progress X. Items for Commission Action A. Agreements 1. Drainage Agreement - Little Club 2. Mutual Aid Agreement -City of Delray Beach B. Appointment to the North Ocean Boulevard Landscape Committee C. Ordinance 92/9 Amending Rates and Charges Related to Water Service (First Reading) D. Nominations for a Representative on the Countywide Inter- governmental Coordination Program Task Force. E. Items by Commissioners XI. Public XII. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN 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. O REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 9, 1992 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order Mayor Koch called the meeting to order at 3:00 A.M. II. Pledge of Allegiance The Pledge of Allegiance was led by Commissioner Armour. III. Roll Call CI Present and William F. Koch, Jr. Mayor Participating: Alan I. Armour Vice Mayor James E. Cross Commissioner A. Curtis True, M.D. Commissioner Kathleen S. Wallace Commissioner Also Present and E. Scott Harrington Town Manager Participating: Pamela McNierney Assist. Town Attorney Rita Taylor Town Clerk William Gwynn Finance Director Robert Schultz Police Chief Roger Saberson Agent for Mrs. Speer Mark Marsh Agent for Mr. McGraw James Orthwein Town Resident Charles Russell Town Resident Joan Orthwein Chairman ARPB IV. Additions, withdrawals, deferrals, arrangement of agenda items. There were none. V. Minutes A. Regular Meeting of September 14, 1992 Commissioner Armour moved that the minutes be approved as circulated, seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch;AYE. B. Public Hearing held by Local Planning Agency on September 14, 1992. Commissioner Wallace moved, seconded by Commissioner Armour,that the minutes be approved as circulated. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. C. Public Hearing of September 14, 1992 Commissioner True moved that the minutes be approved as circulated. The motion was seconded by Commissioner Cross. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch;AYE. D. Public Hearing of September 28, 1992 Commissioner Cross moved that the minutes be approved as circulated seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. VI. Announcements A. Date of November and December Meetings. The Town Clerk announced that the November meeting would be held on Friday, November 13, 1992 at 9:00 A.M. and the December meeting would be held on Friday, December 11, 1992 at 9:00 A.M. B. Proclamations 1. Child Care Aware Campaign -July thru October, 1992. 2. Florida Red Ribbon Week- October 24 thru November 1, 1992 Both Proclamations were announced by the Town Clerk and executed by Mayor Koch. Regular Meeting and Public Hearing Town Commission - October 9, 1992 page -2- VII. PUBLIC HEARING A. Variances 1. Attorney Roger Saberson, Agent for Jane B. Speer, Trustee, 2817 N. Ocean Blvd., and Mr. & Mrs. Jefferson Vander Wolk, 2801 N. Ocean Blvd., Gulf Stream, Florida -TO permit an existing nonconforming bathhouse to remain across a newly created property line which resulted from the division of a 300' parcel of land, causing an encroachment into the side yards of the two properties aforementioned. Mrs. Orthwein, Chairman of the Architectural Review and Planning Board reported that the Board had recommended that the variance be granted due to the unique circumstances and historical significance of the property, with the condition that the bathhouse be removed at such time as the principal structure is destroyed on the Speer property, with the conditions to be made a matter of record to run with the land in the form of a recordable document. Attorney Saberson presented the application and explained that the applicants were willing to accept the recommended conditions. Commissioner Wallace stated that she felt that historical aspects of properties in the town should be protected. She questioned if it would be possible to modify the conditions so it would be possible to make application in the future to request that the conditions be set aside. Mrs. Wallace believed that if the principal structure were to be destroyed, the possibility exists that it could be rebuilt in a similar style that would be comparable to that of the bathhouses. She believed, under those circumstances, consideration could be given to eliminating the condition that the bathhouses be removed when the principal structure is destroyed. Attorney Saberson believed this could be made a part of the recording. Commissioner Armour moved and Commissioner True seconded that the variance be granted with the conditions as recommded by the ARPB. Commissioner Wallace asked if Commissioner Armour would amend his motion to provide that the condition requiring removal of the bathhouses be changed to accomodate an application in the future requesting that the bathhouses be permitted to remain. Commissioner Armour amended his motion to accomodate Commissioner Wallace's request and Commissioner True amended his second to do likewise. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. VIII. Site Plan Review A. Attorney Roger Saberson, Agent for Jane B. Speer, Trustee, 2817 N. Ocean Blvd., and Mr. & Mrs. Jefferson Vander Wolk, 2801 N. Ocean Blvd., Gulf Stream, Florida -To permit an existing non- conforming bathhouse to remain across a newly created property line which resulted from the division of a 300' parcel of land. Commissioner Wallace moved that the site plan be approved as submitted and the motion was seconded by Commissioner Cross. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. B. Mark Marsh for Digby Bridges, Marsh & Associates, Agent for Mr. & Mrs. John McGraw, 1601 N. Ocean Blvd., Gulf Stream, Florida - Construction of a two story structure with garage /storage area and a caretaker's apartment, as an accessory structure to the single family dwelling under construction at this site. Mr. Marsh explained that there is a native hammock area along the front of the property and the driveway had been relocated from the originally proposed location in order to protect the hammock growth, which made it necessary to relocate the proposed caretakers apartment from where it was originally C Regular Meeting and Public Hearing Town Commission - October 9, 1992 page -3- planned. He added that an area in the interior of the hammock had been discovered which contained only small ground cover. It is proposed to construct the accessory structure in this area. In so doing, he explained, the structure will not be seen from AlA and will be located so as not to detract from the principal structure on the site. Mr. Marsh presented a graphic drawing showing the proposed structure along with detailed landscape plans and photos of the principal structure which is under construction, explaining that the proposed accessory structure would be of the same colors and textures as the principal structure. Joan Orthwein, Chairman of the Architectural Review and Planning Board, reported that the ARPB recommended that the site plan be approved as requeste with the condition that occupancy of the building be limited to family members or non - paying guests of the principal residents, or domestic help employed by the principal residents. Commissioner Wallace moved that the site plan be approved with the conditions that were recommended by the ARPB. The motion was seconded by Commissioner True. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. IX. Reports A. Town Manager 1. Sewer Survey Update Town Manager Harrington called attention to the two drafts that were provided in the agenda packet explaining that the intention is to send one to the property owners that could be included on the system that is in place and the other to be sent to property owners in the areas which have no facilities for connection at this time. He pointed out that the informa- tion that is generated from the survey forms would be helpful to the Commis- sion in deciding what role, if any, the town will have in the future operatiot of the existing privately owned sewage system and if there is an interest in the installation of additional facilities in other areas of the town. He further advised there would be no cost for the survey other than postage. Commissioner True moved and Commissioner Wallace seconded that the surveys be mailed after November 1, 1992. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. 2. Drainage on County Road Mr. Harrington reported that there is a serious storm drainage problem on County Road due to the fact that the vacant lot on the west side had received most of the runoff from the high point on County Road draining north,which is a considerable amount due to the apartments on the east side of County Road dumping the runoff from their roofs and driveways directly onto County Road. He explained that the vacant lot is now under development and the runoff must be accomodated elsewhere. Mr. Harrington advised that he had consulted with the town's engineer who has recommended that a valley curb be installed in front of the lot under development, at the owner's expense, and that a pipe be installed in front of the adjacent property to the north, also at the owner's expense, which would carry the runoff to the right -of -way at the north end of the street which is owned by the town. He explained that it would be necessary to lower the grade to form a soaking area at this location and also at the east end of County Road where it intersects with AlA in addition to adding asphalt on County Road to raise the grade and direct the runoff into the soaking areas. The cost of this is estimated to be $6,500, he said. During discussion it was pointed out that the apartments that are contributing to the problem are not in Gulf Stream and the Commission directed that the Town Manager contact Palm Beach County with regard to sharing some of this cost. Regular Meeting and Public Hearing Town Commission - October 9, 1992 page -4- Town Manager Harrington stated that there is also a serious drainage problem at Banyan and Polo Drive that has existed for some time. After consulting with the engineer, it has been determined that the least expensive method of correcting the problem is to install 2 catch basins in the area that would be connected to the existing storm drainage system, he said. The estimated cost was stated as $4,000.00. The Commissioners believed that Owhen these types of improvements are made, the benefiting property owners should share the cost with the town. Mayor Koch advised that in the past the town has assumed one third of the cost with the property owners sharing two thirds. Commissioner Armour believed that before any improvements are authorized, a low cost empirical survey of the town should be made during a heavy rain to.determine.if.there are other areas that have serious drainage problems. James Orthwein, the property owner at the corner of Banyan and Polo Drive stated that there was no drainage problem until the town repaved the streets. In view of this, he did not believe the property owners should share the cost. Commissioner True moved that a survey of the town be made during a heavy rain storm and that the matter of sharing the cost for improvements be decided at a later time. The motion was seconded by Commissioner Cross. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. B. Town Attorney There was no report from the Town Attorney. C. Finance Director 1. Finance Report for September, 1992. Finance Director William Gwynn presented his report. Commissioner Armour moved and Commissioner Wallace seconded that the report be approved as presented. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Mr. Charles Russell, a town resident, advised he had received a copy of the bond schedule covering the town's general obligation bond and had contacted the bond issuer who had been involved with regard to refinancing the bonds in light of the current low rates. He reported that he received the same reply that had been given the town when they recently inquired about this which was that the costs of the refinancing would be greater than the savings since the obligation is now so low. Mr. Russell went on to suggest that perhaps a bank loan could be negotiated to pay off the bonds, thus eliminating many of the costs associated with refinancing the bonds. Mr. Russell believed, if the bank loan is possible, that it could result in an estimated savings of $60,000 over all. The Town Manager and Commissioners stated that it will first be necessary to determine if the documents associated with the original issue will permit such a transaction C and if the monies to be collected thru ad valorem taxes that have been designated as "debt service" could be applied to a bank loan. Mayor Koch appointed Commissioner Armour to work with the Town Manager and Mr. Russell in the evaluation of these possibilities. D. Architectural Review and Planning Board 1. October and November, 1992 meeting dates Mrs. Joan Orthwein, Chairman reported that the October meeting will be held on Wednesday, October 28, 1992 at 9:00 A.M. and the November meeting will be held on Tuesday, November 17, 1992 at 9:00 A.M. Regular Meeting and Public Hearing Town Commission - October 9, 1992 page -5- E. Police Report Chief Schultz presented his report of activity for September, 1992 and added that Probationary Officer Haseley is expected to be released from the field training program in mid October and will be assuming full duty responsibilities. F. Construction in Progress ^ The Construction in Progress Report revealed there to be $7,807,706 worth �} of construction in progress during the month of September, 1992 and fees collected in the amount of $19,448.29 covering this construction. X. Items for Commission Action A. Agreements 1. Drainage Agreement - Little Club Mr. Harrington explained that the existing drainage agreement with the Little Club which enables the town to share the Little Club's storm drainage system,is about to expire and the document being presented for execution is a renewal of the existing agreement with no change in the terms therein. Commissioner Armour moved that the Mayor and the Town Clerk be authorized to execute the Drainage Agreement with the Little Club. The motion was seconded by Commissioner True. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. 2. Mutual Aid Agreement -City of Delray Beach Town Manager Harrington advised that the agreement is for mutual aid between the Gulf Stream Police Department and the Delray Beach Police Department. He recommended that the town enter into the agreement. Commissioner True moved and Commissioner Cross seconded that the Mayor and Town Clerk be authorized to execute the agreement. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. B. Appointment to the North Ocean Boulevard Landscape Committee Mayor Wm. Kochi advised that there was an opening on the committee in that Mr. Carr had resigned. He stated that the Chairman, Jean Breazeale, had asked to have Eleanor Woolems, who had shown considerable interest in the preservation of the pine trees on AlA, appointed to fill the vacancy. Mayor Koch advised he had received a letter of request from Mrs. Breazeale and was appointing, if there are no objections, Mrs. Woolems. There were no objections. C. Ordinance 92/9 Amending Rates and Charges Related to Water Service (First Reading) Town Manager Harrington explained that the City of Delray Beach had increased the water rates to the town and that the ordinance under consideration is to adjust the water rates to reflect the increase. Commissioner Armour moved to adopt Ordinance 92/9 on first reading, seconded by Commissioner _ True. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. D. Nominations for a Representative on the Countywide Inter- governmental Coordination Program Task Force. Calling attention to the memorandum from the Palm Beach County Municipal League, Mr. Harrington explained that each municipality is being requested to submit two nominations for a representative on the Task Force. He advised that the Town of Gulf Stream is to select from the list of names under the listing for small cities. Commissioner Armour moved that Mark Hull of Hypoluxo and Bob McDonald of Lantana be nominated. The motion was seconded by Commissioner True. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. E. Items by Commissioners There were no items by the Commissioners. Regular Meeting and Public Hearing Town Commission - October 9, 1992 page -6- XI. Public James Orthwein, town resident, requested that some action be taken to cut back vegetation at intersectiors and to eliminate the concrete pyramids that have been placed along the roadsides. He felt these were hazardous to the public. Chief Schultz explained that the town staff, at the direction of the Commission, had completed Phase I of a program to accomplish most of what Mr. Orthwein requested. He advised that Phase II would be commenced in the near future, which will include eliminating the pyramids. Mr. Orthwein thanked the Commission for this action, adding that he had not been aware that this was underway. XII. Adjournment Mayor Koch adjourned the meeting at 11:10 A.M. Rita L. Taylor, Town Clerk PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on Wednesday, October 28, 1992 at 9:00 A.M. and the Town Commission, sitting as the Board of Adjustment, will hold a Public Hearing on Friday, November 13, / 1992 at 9:00 A.M., both in the Commission Chambers at the Town Hall, 100 Sea Road, Gulf Stream, Florida at which the following will be considered 1. An application submitted by Albert Jackman, Agent for Mr. & Mrs. James Kennedy, 823 N.E. 3rd St., Delray Beach, F1. 33483, requesting a variance from the provisions of The Code of Ordinances of the Town of Gulf Stream, Chapter 66; ZONING, Article VI.; DISTRICT REGULATIONS, Division 2.; RS SINGLE - FAMILY RESIDENTIAL DISTRICT, Section 66 -207; .Roof limitations, to permit the addition of an oversize two car garage on the north east corner of the existing dwelling and the addition of a master bedroom and closet to the north west corner of the existing dwelling located at #7 Driftwood Landing, both of which will have flat roofs which exceed the maximum ten percent (10 %) flat roof surface area for the structure that is permitted by fourteen and twenty six hundreths percent (14.268). The legal description of the property is Lot 4, Driftwood Landing. 2. An application submitted by Digby Bridges of Digby Bridges, Marsh and Associates, Agent for Mr. & Mrs. Alan Kahn, 414 Andrews Avenue, Delray Beach, F1. 33483, requesting a variance from the provisions of The Code of Ordinances of the Town of Gulf Stream, Chapter 66; ZONING, Article VIII.; SUPPLEMENTARY DISTRICT REGULATIONS, Division 2.; ACCESSORY STRUCTURES AND RECREATIONAL FACILITIES, Section 66 -367; Swimming pools, Paragraph (e), to permit the construction of a swimming pool which would extend eight feet (81) into the required twenty five foot (251) corner yard setback adjacent to Golfview Drive at 2900 Gulf Stream Road, �J legally described as Lot 15 of Gulf Stream Properties. ALL PERSONS INTERESTED in these matters may appear before th Architectural Review and 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 DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION, SITTING AS THE BOARD OF ADJUSTMENT, WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS, 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. Dated: October 9, 1992 TOWN OF GULF STREAM, FLORIDA Publish: Palm Beach Post Publication Date: October 21, 1992 $. / November 2, 1992 November 12, 1992 Rita L. 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