HomeMy Public PortalAbout02/12/1993C
REGULAR MEETING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM
ON FRIDAY, FEBRUARY 12, 1993 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
9:00 A.M.
II.
Pledge
of Allegiance
Commissioner Armour led
the Pledge
of Allegiance.
III. Roll Call
Present and
Participating:
Also Present
& Participating:
William F. Koch, Jr.
Alan I. Armour
James E. Cross
A. Curtis True, M.D.
Kathleen S. Wallace
E. Scott Harrington
John Randolph
Rita Taylor
William Gwynn
Robert Schultz
Joan Orthwein
Charles Hallock
Henry Wright
James Finley
Edward Candee
Russell Moir
Charles Velie
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Attorney
Town Clerk
Finance Director
Police Chief
Chairman ARPB
G.S. Homeowners Improvement
Town Resident
Town Resident
Town Resident
Town Resident
Pres. Civic Association
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
Town Clerk Taylor requested that two staff proposed resolutions be
added as follows: Resolution 93 -1 addressing future widening of AlA and
Resolution 93 -2 objecting to local utility rate disputes being controlled
by the Public Service Commission as items XI.B. and XI.C. There were no
objections to these additions.
V. Minutes of the Regular Meeting of January 8, 1993.
Commissioner Armour moved and Commissioner Cross seconded that the
minutes be approved as circulated and all voted AYE.
VI. Announcements
A. It was announced that election day would be March 9, 1993 from
7 A.M. to 7 P.M. provided more than 5 candidates qualified.
B. The Town Clerk advised that the last day for candidates to
qualify is February 17, 1993 at 4 P.M.
C. Mrs. Taylor announced the March Meeting would be held on March
12, 1993 at 10:30 A.M.
D. it was reminded that the Certification of Election Results would
be held on Friday, March 12, 1993 at noon.
E. It was noted that the regular meeting date in April fell on
Good Friday. In view of this, the Commission unanimously agreed that the
April meeting would be held the following Monday, April 12, 1993 at 9:00 A.M.
F. A Proclamation declaring the week of March 7, 1993 as "Save
Your Vision Week" was presented and then executed by Mayor Koch.
VII. Public Requests
A. Gulf Stream Homeowners Improvement Association - Charles Hallock.
Mr. Hallock thanked the Town Commission for authorizing the recent sewer
interest survey and congratulated Mr. Harrington on the excellent work in
preparing the material and subsequently analyzing it.
Regular Meeting -Town Commission page 2
February 12, 1993
Mr. Hallock stated that he understood the decision of the Commission to
not become involved in providing a municipal sewer system in view of the
results of the survey which showed that a majority of the property owners
in Gulf Stream were not interested in a sewer system. He added that he
did want to make two points with the first being that the 39 property owners
who are currently connected to the private sewer system were not included
in the survey. He added that the final result would not have changed but
that the figure would have been closer to a majority. The second point was
that he believed it should not take a majority of the whole town when there
are people in certain areas that are experiencing problems with their septic
systems. He believed the Town should help those who need it. Mr. Hallock
explained that the private system was constructed large enough to accomodate
more connections, at the request of the Town, than are currently connected.
Mr. Hallock added that if there are no more connections, it is the intent
of the Gulf Stream Homeowners Improvement Association to alter the system
to accomodate those currently connected more effieicntly and economically.
He stated that the Association would delay this action until March 31, 1993
in order to allow any property owners who so desired to contact the
Association to explore the possibility of connecting. He stated that the
system has been in operation for approximately one year and is operating
very well with the cost being approximately $30.00 per month per household.
The members of the Commission advised Mr. Hallock that the Town would
send a letter to those who are designated in Phase II of the survey and .advise
them of the possibility of connecting to the system. Mr. Hallock advised
that the Association would be holding an annual meeting in the near future
and any who are interested in connecting may attend that meeting for more
details. He added that he would advise the Town Manager of the date of the
meeting as soon as one has been established.
VIII. PUBLIC HEARING
A. Variance
1.Request for a continuance of an application for three variances
to permit construction of a multi - purpose building at 3600
Gulf Stream Road submitted by Albert Socol, Agent for the Gulf
Stream School Foundation.
Town Manager Harrington read a letter from the Foundation requesting a
continuance in order that they could have time to familarize the community
with the project prior to seeking approvals from the Town. Commissioner
Wallace asked if the Foundation had submitted a long range plan for the
school. Mr. Harrington stated they had not at this time but that he had
asked them to do so, adding that there is one on file from several years
previous when other improvements had been made and that it is available
for review. Mrs. Orthwein, Chairman of the ARPB stated that she had declared
a conflict in this matter when it was considered by the ARPB and asked Mr.
Harrington to present the report from her Board. Mr. Harrington advised that
the ARPB had recommended that the request for a continuance of the variance
consideration be granted. Commissioner Armour moved and Commissioner True
seconded that the request for a continuance be granted. Roll Call: Comm.
Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and
Mayor Koch; AYE.
IX. Site Plan Review
A. Request for a continuance of the site plan review for the
construction of a multi - purpose building at 3600 Gulf Stream Road
submitted by Albert Socol, Agent for the Gulf Stream School
Foundation.
Regular Meeting -Town Commission page 3
February 12, 1993
Commissioner Armour moved and Commissioner True seconded that the request
for a continuance be granted as recommended by the Architectural Review
and Planning Board. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm.
Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
B. Request for withdrawal without prejudice of a site plan revision
to permit the addition of an outside, covered stairway to the
dwelling under construction at 3223 N. Ocean Blvd., submitted
C' by Richard K. Brooks, Jr. as Agent for Gerry & Mary Lepkanich.
The letter of request was presented and Chairman Orthwein advised that the
Architectural Review and Planning Board have recommended that the request
be approved. Commissioner Armour moved and Commissioner Wallace seconded
that the request for withdrawal, without prejudice, of the site plan revision
be granted. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour;
AYE, Comm. True; AYE, and Mayor Koch; AYE.
N
X. Reports
A. Town Manager
1. Arborist Agreement
Town Manager Harrington called attention to the proposed contract submitted
by C. Way Hoyt, Consulting Arborist. He explained that this proposal was
a result of the direction of the Commission at the last meeting at which
he was directed to meet with Mr. Hoyt and Mrs. Breazeale, Chair of the
Gulf Stream Historic Highway Committee, to discuss the items included in
the contract. Mr. Harrington advised that Mr. Hoyt works by the hour, the
fee of which at this time is $75.00. However, inasmuch as Mr. Hoyt had
quoted a fee of $65.00 per hour last year, he agreed honor that price. Mr.
Harrington also pointed out that there is a cap of $975.00 for the work,
which is not expected to be that high. Under the contract, Mr. Harrington
said that Mr. Hoyt will conduct a hazard tree survey and prepare tree
trimming bid specifications for the Australian pine trees on AlA after the
DOT has completed their trimming,which will only consist of removing low
hanging branches and removing the dead trees. Commissioner True moved and
Commissioner Wallace seconded that the contract be executed as presented.
Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm.
True; AYE, and Mayor Koch; AYE., Mayor Koch suggested that Mr. Hoyt meet
with DOT during their portion of thw work to let DOT know that we are
interested in what they are doing, that we intend to cooperate with them,
and that we are living up to our agreement with them.
2. Storm Drainage Update
Mr. Harrington reported that he had prepared recommendations, based on
the engineer's report and staff research, for the several drainage improve-
ments that had been discussed over the past few months. With regard to
the Banyan Road west of Polo Drive, he recommended to immediately construct
a concrete apron around the catch basin on the north side of Banyan, im-
mediately install a catch basin on the west end of the corner property
on the south side of Banyan and to fund the improvements with collections
from all properties in the drainage basin or from the Town budget.
With regard to the area on the west side of Polo Drive immediately horth of
Banyan Road, he recommended to immediately install a catch basin in the
area of the low spot and to fund the improvements with collections from
all properties in the drainage basin or from the Town budget.
Regular Meeting -Town Commission page 4
February 12, 1993
Mr. Harrington reminded that the Commission, at the last meeting, had
listed these areas as a top priority dieto a continual standing water
problem. He suggested that, if these projects are authorized, the problem
on Old School Road immediately west of Polo Drive also be addressed. He
advised that this consisted of large potholes and while he did not have
a cost on this, he felt it could be done more reasonably since paving equip -
Oment would be needed for the other two projects in the area. Commissioner
Armour believed that property owners should be made responsible to maintain
swales along the roadsides.
Russell Moir of 3555 Polo Drive complained about the flooding in the area
recently that was caused by the malfunction of the flapper valve on the
seawall at the end of the drainage pipe. He believed it should have better
maintenance. Mr. Harrington explained that it is maintained on a regular
basis but that debris can float under the valve at any time and keep it from
closing, which is what happened this time.
Mr. James Finley, 335 Old School Road, advised that there has been a
drainage problem on his corner for many years that he has reported several
times previously. He questioned if this could be addressed along with the
others. Mr. Harrington explained that he was not aware of this problem
and it would require a review by the engineer before any action could be
recommended. Mr. Finley also complained about the parents and grandparents
of the children attending Gulf Stream School parking on the landscaped
right -of -way, which he maintains, adjacent to his property. Mr. Harrington
and Chief Schultz assured Mr. Finley that they would make every effort to
control this situation.
Commissioner True moved that the drainage
the Town Manager be authorized for Banyan
west side of Polo Drive immediately north
Road immediately west of Polo Drive. The
Cross. Roll Call: Comm. Wallace; AYE, Ci
Comm. True; AYE, and Mayor Koch; AYE
improvements as recommended by
Road west of Polo Drive, the
of Banyan Road, and Old School
motion was seconded by Commissioner
)mm. Cross; AYE, Comm. Armour; AYE,
With regard to funding the projects, Town Manager Harrington suggested that
if they were to be funded from the budget, $5,000 surplus from the balance
due on the previous fire contract, $5,000 from the capital improvement fund
and the balance from the contingency fund would be his recommendation.
Commissioner Cross moved and Commissioner Wallace seconded that the projects
be funded from the Town budget and taken from the accounts as recommended
by Town Manager Harrington. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE,
CComm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
Mr. Harrington advised that standing water collects at the east ends of
Indigo Point, Emerald Row, and Orchid Lane and the engineer's report recom-
mended some specific improvements i.e. paving and concrete aprons, he believed
further investigation is needed before any work is authorized. He added
that cost estimates for this would be available at the next meeting. Mr.
Charles Russell, President of Place Au Soleil Association took issue with
moving ahead with other work without including that in Place Au Soleil. It
was again explained that the authorized work win correct a constant standing
water problem and that the Place Au Soleil problems will be addressed. Mr.
Russell believed there should be an additional catch basin installed in front
of his property at 970 Orchid Lane.
Regular Meeting -Town Commission page 5
February 12, 1993
Commissioner Wallace asked if would be possible to address the problem
Mr. Finley brought forth while doing the other work in the Polo Drive area.
Mr. Harrington advised that, if authorized to do so, he would make every
effort to have an engineering review completed and a solution for the
problem by the time the other work is completed. Commissioner Wallace
moved that the Town Manager be authorized to move forward to correct the
drainage problem at Gulf Stream Road and Old School Road, and the problems
C) that have been recognized in Place Au Soleil, and that he be authorized to
spend a maximum of $15,000 connected with drainage improvements. 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.
Continuing on, Mr. Harrington advised that he had obtained an easement from
St. Andrews to use their property at the intersection of AlA and County
Road as a retention area and that Leobuss Consulting, the builder constructing
the new home on County Road, had installed a concrete gutter as required by
the engineering study to correct the drainage problems on County Road. He
added that Palm Beach County will supply the manpower and equipment to
construct the retention area and he will be meeting with them in the next
week to coordinate the project. Mr. Harrington stated that an agreement
has not been reached with Edward Candee, the owner of the property directly
north of the Leobuss property, which is also affected. The Town Manager
reminded that the overall drainage design incorporates a catch basin at
the south end of the Candee property with a drainage pipe connected to
run north, the full width of the property.
Edward Candee, speaking from the audiance, advised that he did not feel he
should have to pay to correct a problem that did not exist before the new
home was built. He also felt the future taxes from the new home would more
than pay for the drainage work needed. Mr. Harrington explained that when
the lot next door was vacant, all of the storm water drained onto the
vacant lot, never reaching Mr. Candee. Now that the lot has been developed,
the runoff will seek the next lowest spot, which in this case is Mr. Candee's
property. The drainage work that is proposed will move the water past Mr.
Candee and direct it into the retention basin on the St. Andrew's property.
Mayor Koch asked what the cost extimate is for Mr. Candee's portion of the
improvement. Mr. Harrington stated Mr. Candee's share is between $800 and
$1,000. Mayor Koch then questioned if Mr. Candee would be willing to pay
$800.00 to which he replied he would have to think about it. Commissioner
Armour moved that the Town Manager be authorized to move forward with the
project for North County Road provided Mr. Candee contributes $800 with the
Town paying the balance. The motion was seconded by Commissioner True. Roll
Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True;
Cj AYE, and Mayor Koch; AYE. Commissioner Armour once again stressed the
importance of maintaining swale areas and Mr. Harrington assured him that
in the areas where drainage work is to be done, swales will be provided.
3. Right -of -way Policy
Town Manager Harrington stated that most resident have removed rocks and other
hard objects from the rights -of -way and those who have not, have been
contacted. He added that as a last resort, Town staff will remove them. Mr.
Harrington advised that he has completed research on the issue of objects in
the right -of -way and found that nothing other than low landscape materials
and mail boxes should be permitted within 6 feet of the edge of the pavement.
He added that the only other alternative to prevent vehicles from running
off the pavement, especially on corners, would be to construct a curb.
Regular Meeting -Town Commission page 6
February 12, 1993
He pointed out that this can be expensive in addition to creating drainage
problems. As a result, Mr. Harrington recommended that the Town adopt the
following policy: 1) All materials located in Town rights -of -way must
comply with state standards. 2) All objects, other than sod, to be located
in Town rights -of -way must first receive a permit from the Town Planning
and Building Administrator who must find the material to be consistant with
^ state standards prior to issuing a permit. The administrator's decision
�) may be appealed to the Town Commission.
Commissioner Armour advised that some small reflectors along with plantings
of small flowers had been placed on a busy corner in Place Au Soleil and
have worked very well. Commissioner True moved that the Town Manager's
recommended policy be adopted, seconded by Commissioner Wallace. Roll Call:
Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE,
and Mayor Koch; AYE.
B. Town Attorney
There was no report from the Town Attorney.
C. Finance Director
1. Financial Report for January, 1993.
Mr. Gwynn, Finance Director reported that 81% of the ad valorem taxes have
been collected and called attention to the early payment that had been made
on the refinanced bonds in the amount of $155,351, which resulted in a
$600.00 savings in interest. Commissioner Armour moved that the financial
report be approved as submitted, seconded by Commissioner Cross. Roll Call:
Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE,
and Mayor Koch; AYE.
D. Architectural Review and Planning Board
1. February Meeting Date.
Mrs. Orthwein, Chairman of the ARPB announced the next meeting would be
held on February 24, 1993 at 9:00 A.M.
E. Police Report
Chief Schultz reported 3 burglaries, one of which has been cleared with an
arrest and the recovery of the property with the other two still under
investigation. He further reported that all residents in violation of
the Recreational Vehicle Parking Ordinance have been contacted and have
agreed to comply.
F. Construction in Progress in January, 1993
The report was made a part of the record.
XI. Items for Commission Action
A. Items by Commissioners
1. Letter from Attorney Listick- Proposed Seminar -Mayor Koch
C Mayor Koch called attention to the letter in the agenda packet from Attorney
Listick offering to arrange a seminar to address certain problems facing
homeowners i.e. relocation of the Coastal Construction Control Line, property
insurance crisis, and environmental matters impacting property adjacent to
the Intracoastal Waterway. Mayor Koch and Commissioner Wallace suggested
that perhaps the Civic Association would want to pursue this. Charles Velie,
President of the Civic Association, stated he would contact Attorney Listick
and perhaps have him arrange something for the annual meeting.which is
scheduled for April 6, 1993
Commissioner Armour suggested that if it is determined that an election will
be held on March 9, 1993, the Town mail a notice to all registered voters
advising of the date and the names of the candidates. The Town Manager
was so directed.
Regular Meeting -Town Commission page 7
February 12, 1993
B. Resolution 93 -1; THE TOWN OF GULF STREAM OBJECTING TO THE
WIDENING OF STATE ROAD AlA IN AND AROUND THE TOWN OF GULF
STREAM AND DIRECTING THE FLORIDA DEPARTMENT OF TRANSPORTATION
TO CLASSIFY SAID ROAD AS A CONSTRAINED FACILITY.
Town Manager Harrington explained that there axe no current plans to widen
AlA but that the DOT is in the process of classifying all of their highways
and determining which ones could be widened to 6 lanes in the future. Mr.
Harrington believed that the Town should be on record as objecting to this
and attempt to have AlA classified as a constrained facility. He added that
Delray Beach had requested this also and he expected the other towns on
AlA to do likewise. Commissioner Cross complimented the staff on the
preparation of the document. Commissioner Armour moved for adoption of
Resolution 93 -1 and Commissioner True seconded the motion. Roll Call: Comm.
Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and
Mayor Koch; AYE.
C. Resolution 93 -2; THE TOWN OF GULF STREAM OBJECTING TO A PROPOSED
STATE -WIDE RATE STRUCTURE AND TERRITORIAL DISPUTE JURISDICTION
OF THE FLORIDA PUBLIC SERVICE COMMISSION OVER GOVERNMENTAL WATER
AND SEWER UTILITY SYSTEMS.
Mr. Harrington explained that legislation is being considered that would
give the Public Service Commission control over the rate structures of
governmentally owned utilities. The Florida League of Cities will be
opposing this as an intrusion on the home rule powers of local government,
he said. Mr. Harrington stated several other municipalities have adopted
similar resolutions and he questioned if Gulf Stream was interested in
opposing such action. Commissioner Wallace moved that Resolution 93 -2 be
adopted, seconded by Commissioner Cross. Roll Call: Comm. Wallace; AYE,
Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
XII. Public
Mr. Henry Wright, town resident and Vice President of the Gulf Stream
Homeowners Improvement Association was recognized. Mr. Wright expressed
the opinion that the environmental agencies will, at some time in the future,
force municipalities to install sewer systems which could force Gulf Stream
into the City of Boynton Beach or Delray Beach. He believed the Town should
be seriously planning fora sewer system before that happens.
XIII. Adjournment
Mayor Koch adjourned the meeting at 10:55 A.M.
Rita L. Taylor, Tow 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,
February 24, 1993 at 9:00 A.M. and the Town Commission, Sitting as the
Board of Adjustment, will hold a Public. Hearing on Friday, March 12, 1993
at 10:30 A.M., both 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 Albert Socol of Lodin, Weiss, and
Socol Architects, 102 Lost Bridge Dr., Palm Beach Gardens, F1.
33410, as Agent for the Gulf Stream School Foundation, Inc.,
3600 Gulf Stream Road, Gulf Stream, F1. 33483 requesting variances
from the provisions of the Code of Ordinances of the Town of Gulf
Stream as follows:
A. Chapter 66; ZONING, Article VI; DISTRICT REGULATIONS, Division
2.; RS SINGLE - FAMILY RESIDENTIAL DISTRICT, Section 66 -210;
Private schools to permit construction of a multi - purpose
building abutting the existing chapel which does not replace
or act as a substitute for an existing structure.
B. Chapter 66; ZONING, Article VI; DISTRICT REGULATIONS, Division
2.; RS SINGLE - FAMILY RESIDENTIAL DISTRICT, Section 66 -202;
1. construction of a multi - purpose building which will abut the
existing chapel and extend seventy one and three tenths feet
(71.31) into the required one hundred three and three tenths
feet (103.3') front yard setback adjacent to State Road AlA
and
2. construction of a covered walkway near the southwest corner,
of the property, adjacent to existing buildings, which will
extend fifty -three and eight tenths feet (53.81) into the
required one hundred three and three tenths feet (103.3')
setback adjacent to Gulf Stream Road.
C. Chapter 66; ZONING, Article VI; DISTRICT REGULATIONS, Division
2.; RS SINGLE - FAMILY RESIDENTIAL DISTRICT, Section 66 -197;
Height limits to permit construction of a multi - purpose
building abutting the existing chapel which would exceed the
maximum permitted height of thirty feet (30') by five feet (5').
ALL PERSONS INTERESTED in these matters may appear before the
Architectural Review and Planning Board and the Town Commission, Sitting as
the Board of Adjustment, of the Town of Gulf Stream at the times and places
�•tiJ 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: February 4, 1993 TOWN OF GU STREAM, FLORIDA
Publish: Palm Beach Post
Publication Date: February 17, 1993
February 25, 1993 Rita L. aylor, own Clerk
March 6, 1993
THIS NOTICE IS PUBLISHED PURSUANT TO THE TOWN OF GULF STREAM CODE OF
ORDINANCES AND IS POSTED AT THE GULF STREAM TOWN HALL IN A CONSPICUOUS
LOCATION OUTSIDE THE FRONT DOOR
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