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HomeMy Public PortalAbout08/20/1993August 12, 1993 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONERS: James E. Cross A. Curtis True Kathleen S. Wallace \J REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF \� THE TOWN OF GULF STREAM ON FRIDAY, AUGUST 20, 1993 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 July 22, 1993 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements A. Proclamation declaring September, 1993, "Literacy Month ". B. Meetings 1. Regular Meeting -Mon., Sept. 13, 1993 at 4 P.M. 2. 1st Budget Public Hearing -Mon., Sept. 13, 1993 at 5:01 P.M. 3. 2nd Budget Public Hearing (Adopt)- Tues., Sept. 21 at 5:01 P.M. 4. Regular Meeting -Fri., Oct. 15, 1993 at 9 A.M. 5. Regular Meeting for November to be decided. VII. PUBLIC HEARING A. Variance 1. John & Hannah Rossi, 2586 Avenue Au Soleil, Gulf Stream, F1. 33483- Addition of a study /den to existing single family structure which would increase the lot coverage to 4,071 square feet, exceeding the maximum permitted by 821 square feet, at the address stated herein and legally described as Lot 28, Place Au Soleil. VIII. Site Plan Review A. John & Hannah Rossi, 2586 Avenue Au Soleil, Gulf Stream, F1. 33483- Addition of a study /den to the existing single family dwelling at the address herein. IX. Vegetative Disturbance Permit (AlA Historic Corridor) A. Del Swilley, Inc., Agent for William T. Young, 2411 N. Ocean Blvd., Gulf Stream, F1. 33483 -To add 24" to the height of an existing masonry privacy wall along the east side of AlA which would result in the finished height being 7'6 ". X. Reports A. Town Manager 1. Bi- Monthly Water Use 2. Update on AlA Trees B. Town Attorney C. Finance Director 1. Financial Report for July 1993 D. Architectural Review and Planning Board 1. Regular Meeting - September 22, 1993 at 9 A.M. E. Police Report F. Construction in Progress in July, 1993 August 12, 1993 AGENDA CONTINUED XI. Items for Commission Action A. Countywide Intergovernmental Coordination Program B. Ordinance No. 93/2; Regulation of Construction and Maintenance Activities. (1st reading) C. Items by Commissioners XII. Correspondence A. Resolution #R93 -19 opposing any proposal that preempts municipalities' zoning and planning authority over juvenile dentention facilities and /or any other correctional facilities to be located within the Village of Palm Springs corporate limits. - Village of Palm Springs. B. Resolutions endorsing a new concept proposed by the State Attorney known as Community Based Prosecution. 1. #93 -6; City of Lake Worth 2. #93 -36; Village of Royal Palm Beach C. Resolutions objecting to proposal of Palm Beach County that wetlands section of Unified Land Development Code be adopted under the auspices of Environmental Control Act, thus being effective countywide, in derogation of the agreement between the County Commissioners and The Palm Beach County Municipal League relative to countywide ordinance procedures. 1. #93 -12; City of Atlantis 2. #2074; City of Belle Glade 3. #127 -93; City of Boca Raton 4. #R93 -107; City of Boynton Beach 5. #40, 1993; Town of Lake Park 6. #59 -93; City of Lake Worth 7. #16- 92/93; Village of Tequesta 8. #155 -93; City of West Palm Beach XIII. Public XIV. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION /BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING AND 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. REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, AUGUST 20, 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 9:05 A.M. II. Pledge of Allegiance. Commissioner Wallace led the Pledge of Allegiance. III. Roll Call. Present and William F. Koch, Jr. Mayor Participating: James A. Cross Commissioner A. Curtis True, M.D. Commissioner Kathleen S. Wallace Commissioner Absent with Notice: Alan I. Armour Commissioner Also Present and Participating: E. Scott Harrington John Randolph William Gwynn John Rossi Paul Swilley Town Manager Town Attorney Finance Director Resident /Applicant Agent for Mr. Young IV. Minutes of the Regular Meeting of July 22, 1993. Commissioner Cross moved, and Commissioner True seconded, that the minutes be approved as submitted. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, Mayor Koch; AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. The Town Manager requested to add Resolution #31 -93 from the Town of Palm Beach and Resolution 91, 1993 from the Town of Palm Beach Gardens as items XII.C.9 and XII.C.10 respectively. The Town Manager also requested a letter from the Florida League of Cities President Bill Evers be added as item XII.D. There were no objections. VI. Announcements. A. Proclamation declaring September 1993, "Literacy Month ". The proclamation was presented and duly executed by Mayor Koch. B. Meetings. The following meetings were announced: 1. September Regular Meeting - Mon., Sept. 13, 1993 at 4:00 P.M. 2. 1st Budget Public Hearing - Mon., Sept. 13, 1993 at 5:01 P.M. 3. 2nd Budget Public Hearing (Adopt.) - Tue., Sept. 13, 1993 at 5:01 P.M. 4. October Regular Meeting - Fri., Oct. 15, 1993 at 9:00 A.M. The Town Manager requested the Commission establish a date for the November Regular Meeting. The Commissioners responded they would like to return to their regular date of the second Friday of the month. Accordingly, November 12, 1993 was established as the meeting date. Regular Meeting and Public Hearing - Town Commission page 2 August 20, 1993 VII. Public Hearing A. Variance 1. John & Hannah Rossi, 2586 Avenue Au Soleil, Gulf Stream, FL 33483 - Addition of a study /den to an existing single family structure which would increase the lot coverage to 4,071 square feet, exceeding the maximum permitted by 821 square feet, at the address stated herein and legally described as Lot 28, Place Au Soleil. Mr. Rossi addressed the Commission and stated the proposed addition would be used to house his wife's computer and sewing equipment. He stated the existing portions of the home are quite small and they were running out of room. ARPB Chairman Joan Orthwein reported her Board had unanimously approved the proposed addition as submitted. Commissioner Wallace inquired as to whether the staff recommendation to remove part of the covered porch was included as part of the Board's recommendation. Chairman Orthwein replied that it was not. Mayor Koch then asked for a further explanation of the condition. Town Manager Harrington stated the home, together with covered patio areas and screen enclosure, already exceeded the maximum lot coverage requirement. Because the addition would take the place of part of the existing screen enclosure, the total net addition is only 160 square feet. However, staff recommended that a corresponding area of the covered patio be removed so as to have no change in the lot coverage. Mr. Rossi responded that the covered patio area protects the main entrance to the home and he would prefer to keep it. Commissioner True moved that a Variance of 821 square feet to the Maximum Lot Coverage requirement be approved. Commissioner Cross seconded the motion. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, Mayor Koch; AYE. VIII. Site Plan Review. A. John & Hannah Rossi, 2586 Avenue Au Soleil, Gulf Stream, FL 33483 - Addition of a study /den to the existing single family dwelling at the address stated herein. Commissioner Wallace moved, and Commissioner Cross seconded, that the Site Plan be approved as submitted. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, Mayor Koch; AYE. IX. Vegetative Disturbance Permit (AIA Historic Corridor). A. Del Swilley, Inc., agent for William T. Young, 2411 N. Ocean Blvd., Gulf Stream, FL 33483 - To add 24" to the height of an existing masonry privacy wall along the east side of AlA which would result in the finished height being 7'6 ". Paul Swilley of Del Swilley, Inc. presented the request stating the Youngs desired the additional height to reduce the noise from AlA. Mayor Koch asked how the height of the proposed wall would compare with others along AlA to Regular Meeting and Public Hearing - Town Commission page 3 August 20, 1993 which Town Manger responded that it would be one of the taller ones but that others were the same height or taller. In addition, Mr. Harrington continued, the height is less than the permitted maximum of 8 feet. Further, :he existing hedge is to remain which will completely screen the wall. ARPB Chairman Joan Orthwein stated her Board unanimously approved the proposal with the condition that a Florida Department of Transportation (DOT) permit be obtained. Town Manager Harrington explained the wall is actually on the AlA right -of -way and therefore required a DOT permit prior to the Town issuing a building permit. Commissioner Wallace moved, and Commissioner Cross seconded, that the Vegetative Disturbance Permit be granted with the condition that the applicant obtain all necessary permits from the Florida Department of Transportation prior to the issuance of a building permit. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, Mayor Koch; AYE. X. Reports. A. Town Manager 1. Bi- Monthly Water Use Town Manager Harrington reported that water use for this year has been up compared with the last few years and, at the present rate of usage, this year will have the highest usage since the base year 1988 -89. Mr. Harrington projected that usage this year will be down only 9% from the base year. This is far short of the state mandated 20% reduction goal that is supposed to be obtained by the end of this fiscal year. Mr. Harrington reviewed the various graphs that were a part of the packet and noted that non - residential users have done the best job of reducing their water consumption. He noted further that multi - family users also had done well in reducing their water use. However, single family users, after a few years of notable decreases, had begun to have their water use creep up again. Because more than 80% of all water used in Gulf Stream goes to single family homes, the larger decreases from the other consumer groups were offset by the marginal single family reductions. As a result, usage as a whole tends to reflect only the single family usage. Mr. Harrington stated that usage may be on the rise due to the weather and homeowners not remembering or losing interest in the subject. He said that several programs called for in the Comprehensive Water Reduction Strategy could address these problems but that staff has been busy with other issues and has not had time to get those programs going. He concluded by stating that these programs will take on a priority over the next year. 2. Update on AlA Trees The Town Manager reported that the state had completed and delivered right -of -way maps for all of AlA in Gulf Stream and that, in accordance with the Town's agreement with the State, plans were made to begin cutting the trees. Mr. Harrington asked Mr. Hoyt, the arborist selected by Regular Meeting and Public Hearing - Town Commission page 4 August 20, 1993 the Commission on the recommendation of the Historic Highway Committee, to review the trees with the Department of Transportation (DOT) and make recommendations for removal. Mr. Hoyt conducted such a review and selected 74 trees north of Golfview Road and 90 trees south of Golfview Road for removal. These trees were either dead or significantly decayed. After much discussion and several letters, Mr. Harrington and the Dot finally agreed on the details on the tree removal program. Mr. Harrington stated that Mr. Hoyt expressed concerns that the remaining trees not be damaged by the removal program. Thus, after receiving assurances from DOT that this would not occur, Mr. Harrington agreed to let DOT move forward. Unfortunately, some damage did occur. Mr. Harrington reported that DOT has completed the job of removing all selected trees. He stated that he will be working with them to have them mitigate the damage to the remaining trees as recommended by Mr. Hoyt. Once all of the selected trees are removed, DOT will then return to grind the stumps. The Commissioners noted that the stumps appeared to be really the only evidence that the trees were removed. For the most part, the canopy is still intact. Mr. Harrington reminded that all of $20,000 set aside in reserve last year for the trees was still available and would be used in the next phase - a trimming program conducted by Mr. Hoyt. Mr. Harrington reported that Mr. Hoyt will be meeting the Historic Highway Committee who will then likely report to the Commission. B. Town Attorney. John Randolph, Town Attorney, reported that despite the protest of the municipalities (including Gulf Stream), the County Commission approved the proposed wetlands ordinance on first reading. The ordinance will be effective countywide, including incorporated areas. The cities may not opt - out. C. Finance Director. William Gwynn, Finance Director, reviewed the report. He noted the report was presented in a new format as per the discussion last month and asked if it was acceptable. All Commissioners agreed that it was. He noted that at this point in the year, revenues are more than projected and expenses are less. As a result, he felt the $60,000 surplus projected in July for budgeting purposes would be obtainable. Commissioner Wallace moved, and Commissioner Cross seconded, that the financial report be approved as presented. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, Mayor Koch; AYE. XI. Items for Commission Action. A. Countywide Intergovernmental Coordination Program Town Manager Harrington reviewed his staff report stating the proposed interlocal agreements were created to take the place of the failed Countywide Regular Meeting and Public Hearing - Town Commission page 5 August 20, 1993 Planning Council. However, the primary difference was that no new agency would be created and no one participant would have authority over the other participants. The idea of the programs was to provide voluntary coordinating mechanisms to bring local governments together to solve problems. Mr. Harrington stated that several actions need to be taken to effectuate the agreements. Commissioner Wallace moved, and Commissioner Cross seconded, that the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement with the Corrective Addendum be approved. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, Mayor Koch; AYE. Commissioner Cross moved, and Commissioner Wallace seconded, that the $500 participation fee be appropriated from the Dues line item of the upcoming budget. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, Mayor Koch; AYE. Commissioner Wallace moved, and Commissioner True seconded, that the Town Manager be appointed to serve on the Interlocal Plan Amendment Review Committee. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, Mayor Koch; AYE. Commissioner Cross moved, and Commissioner True seconded, that the Town Manager be authorized to file a "Notice of Intent to Object" on behalf of the Town of Gulf Stream. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, Mayor Koch; AYE. Commissioner Wallace moved, and Commissioner True seconded, that the Town Commission be authorized to file a formal objection on behalf of the Town of Gulf Stream. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, Mayor Koch; AYE. Mr. Harrington noted that the time frames called for in the agreement could necessitate a special meeting in order to file a timely objection. The Commission stated that should the need arise, they would be willing to call and attend a special meeting. Commissioner Cross moved, and Commissioner True seconded, that the Multi - Jurisdictional Issues Coordinated Forum Interlocal Agreement with the Corrective Addendum be approved. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, Mayor Koch; AYE. Commissioner Cross moved, and Commissioner True seconded, that the Mayor be appointed to serve as the Town's representative to the Multi- Jurisdictional Issues Coordinated Forum and the Vice -Mayor be appointed to serve as the Town's alternate representative. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, Mayor Koch; AYE. B. Ordinance No. 93/2; Regulation of Construction and Maintenance Activities. (1st Reading) Town Manager Harrington read the ordinance by title and reviewed the text. Regular Meeting and Public Hearing - Town Commission page 6 August 20, 1993 Commissioner Wallace inquired whether all of the exemptions were needed. Mr. Harrington responded that the ordinance may be a little more complex than is needed but given that it deals with different activities at different times of the year and the fact that property owners and the their employees were to exempt from most of the provisions, he and the attorney felt this was the C best way to address these issues. As a point of clarification, the Town Manager recommended that a semicolon be inserted in Sec. 22 -58, paragraph 2, fourth line so as to read, "...to 5:00 p.m.L and on..." This will make it clear that only work on saturdays must be conducted within an enclosed structure. Mrs. Wallace inquired as to what the penalty was. Mr. Harrington responded that it was a maximum of $500.00 per day for each day the violation occurred. Commissioner Wallace moved, and Commissioner Cross seconded, that Ordinance 93/2 be approved on first reading. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, Mayor Koch; AYE. C. Items by Commissioners There were no items by the Commissioners. XII. Correspondence. A. Resolution #R93 -19 opposing any proposal that preempts municipal - ities' zoning and planning authority over juvenile dentention facilities and /or any other correctional facilities to be located within the Village of Palm Springs Corporate limits. -Palm Springs B. Resolutions endorsing a new concept proposed by the State Attorney known as Community Based Prosecution. 1. #39 -93; City of Lake Worth 2. #93 -36; Village of Royal Palm Beach C. Resolutions objecting to proposal of Palm Beach County that wet- lands section of Unified Land Development Code be adopted under the auspices of Environmental Control Act, thus being effective county- wide, in derogation of the agreement between the County Commis- sioners and The Palm Beach County Municipal League relative to countywide ordinance procedures. 1. #93 -12; City of Atlantis 2. #2074; City of Belle Glade 3. #127 -93; City of Boca Raton 4. #R93 -107; City of Boynton Beach 5. #40, 1993; Town of Lake Park 6. #59 -93; City of Lake Worth 7. #16- 92/93; Village of Tequesta 8. #155 -93; City of West Palm Beach 9. #31 -93; Town of Palm Beach 10. #91,1993; City of Palm Beach Gardens These were all made a part of the official record D. Letter from Florida League of Cities President Bill Evers requesting cities in Florida assist those cities in the Midwest who have suffered from floods. Regular Meeting and Public Hearing -Town Commission page 7 August 20, 1993 This was made a part of the record. Commissioner Cross stated he sympathized with these cities and felt that individuals should be encouraged to contribute rather than the Town. The other Commissioners agreed, and thus, no action was taken concerning the request. {III. Public. There was no comment from the public. XIV. Adjournment. Mayor Koch adjourned the meeting at 10:10 A.M. i . Rita L. Taylor 0 Town Clerk PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Commission of the Town of Gulf Stream, Florida, at a public hearing to be held on Monday, September 13, 1993 at 4:00 P.M. in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, will have on the agenda the adoption of the following: ORDINANCE NO. 93/2: AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 22 OF THE TOWN CODE OF ORDINANCES RELATING TO NUISANCES AT ARTICLE III, NOISE, SO AS TO PROVIDE NEW SECTIONS 22 -56 AND 22 -57 SO AS TO PROVIDE FOR A SHORT TITLE; OUTLINING REGULATED ACTIVITIES; PROVIDING A NEW SECTION 22 -58 RELATING TO REGULATIONS; PROVIDING A NEW SECTION 22 -59 RELATING TO RESTRICTED ACTIVITIES; PROVIDING A NEW SECTION 22 -60 DEFINING THE PERIOD DURING WHICH RESTRICTED ACTIVITIES ARE PROHIBITED; PROVIDING A NEW SECTION 22 -61 RELATING TO EXEMPTIONS AND PROCEDURES RELATING TO EXEMPTION PERMITS, APPLICATIONS, FEES AND APPLICATION REVIEW; PROVIDING A NEW SECTION 22 -62 RELATING TO PENALTIES; PROVIDING A NEW SECTION 22 -63 RELATING TO APPEALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. The proposed ordinance noticed here is available to the public in the Office of the Town Clerk in Town Hall, 100 Sea Road, Gulf Stream, Florida. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THE 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 PROCE- EDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated: August 24, 1993 TOWN OF GULF STREAM, FLORIDA Publish: Palm Beach Post Date of Publication: September 2, 1993 Rita L. Taylor, 71n Clerk y n w n 0 x p X 0 C o n b a° a C n n a CL w mCeim~ Op ssyT a 9FySaD v 3 •°e c $m o u; a_ 9 m - D Q G' n !1: Y• L ? y n N 9 W mGN C a 6 & o w o n n 0 5 y 0 d a ❑ ° c. ? < O y N C y w °a c m R d y O a n W N Nni w� y p,o w C. 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