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Home My Public Portal About09/13/1993September 3, 1993 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONERS: James E. Cross A. Curtis True Kathleen S. Wallace REGULAR MEETING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON MONDAY, SEPTEMBER 13, 1993 AT 4:00 P.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 A. Regular Meeting and Public Hearing of August 20, 1993. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements A. Meetings 1. lst Budget Public Hearing -Sept. 13, 1993 at 5:01 P.M. 2. 2nd Budget Public Hearing -Sept. 21, 1993 at 5:01 P.M.(Adoption 3. Regular Meeting -Fri., Oct. 15, 1993 at 9 A.M. 4. Regular Meeting -Fri., Nov. 12, 1993 at 9 A.M. 5. Regular Meeting for December to be decided. 6. Palm Beach County Municipal League Meeting -Sept. 22, 1993 VII. Site Plan Review A. Mark Marsh of Digby Bridges, Marsh and Associates, as Agent for Ann and Alan Aker, 3649 N. Ocean Blvd., Gulf Stream, F1.- Construction of two second story additions to existing single family dwelling and a breezeway to connect the garage on the north side to the main house. VIII. Vegetative Disturbance Permit (AlA Historic Corridor) A. Victoria Say of Say Trade, Inc., as Agent for Selva & Jan Ganesh, 3268 N. Ocean Blvd., Gulf Stream, F1. -To install driveway gates between the existing columns. B. CGC Construction Management as Agent for James & Cynthia Neeves, 1330 N. Ocean Blvd., Gulf Stream, F1. -To remove and install landscape material within the Historic Corridor. IX. Reports A. Town Manager B. Town Attorney C. Finance Director 1. Financial Report for August, 1993 D. Architectural Review and Planning Board 1. Regular Meeting- September 22, 1993 9:00 A.M. E. Police Report F. Construction in Progress in August, 1993 X. Items For Commission Action A. Ordinance No. 93/2; Regulation of Construction and Maintenance Activities. (2nd reading & Adoption) B. Items by Commissioners Jl AGENDA CONTINUED XI. Correspondence September 3, 1993 A. 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 municipal limits. 1. Resolution No. 54 -93; City of Lake Worth 2. Resolution No. 32 -93; Village of North Palm Beach B. Advocating development of emergency preparedness mutual aid agreements among local governments within south Florida. 1. Resolution No. 55 -93; City of Lake Worth 2. Resolution No. 31 -93; Village of North Palm Beach XII. Public XIII. 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. ( ) REGULAR MEETING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON MONDAY, SEPTEMBER 13, 1993 AT 4:00 P.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 4:00 P.M. II. Pledge of Allegiance. Pledge of Allegiance was led by Comm. Armour. III. Roll Call. 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 Participating: E. Scott Harrington John Randolph Rita Taylor William Gwynn Robert Schultz Mark Marsh Town Manager Town Attorney Town Clerk Finance Director Police Chief Agent for Akers IV. Minutes of Regular Meeting & Public Hearing of August 20, 1993. Commissioner True moved, and Commissioner Armour seconded, 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. V. Additions, withdrawals, deferrals, arrangement of agenda items. The Town Clerk requested that item IX.A.1., Lien on Bordeman property, be added. There were no objections. VI. Announcements. The following meetings were announced: 1. 1st Budget Public Hearing -Sept. 13, 1993 at 5:01 P.M. 2. 2nd Budget Public Hearing -Sept. 21, 1993 at 5:01 P.M. 3. Regular Meeting & Public Hearing -Fri., Oct. 15, 1993 at 9 A.M. 4. Regular Meeting -Fri., Nov. 12, 1993 at 9 A.M. 5. Regular Meeting -Fri., Dec. 10, 1993 at 9 A.M. 6. Palm Beach County Municipal League Meeting -Sept. 22, 1993 at 10:30 A.M. at Bethesda Hospital (Co- hosted by Gulf Stream and Village of Golf) Mayor Koch asked if it would be possible to change the date of the October meeting. Staff advised that the Public Hearings had been advertised. The Commissioners agreed unanimously that the Public Hearings would be held as scheduled but that the Regular Meeting would be held on Monday, October C) 18, 1993 at 9:00 A.M. VII. Site Plan Review. A. Mark Marsh of Digby Bridges, Marsh and Associates, as Agent for Ann and Alan Aker, 3649 N. Ocean Blvd., Gulf Stream, F1.- Construction of two second story additions to existing single family dwelling and a breezeway to connect the garage on the north side to the main house. Mr. Marsh advised that there had been a previous application for additions to this structure which had been approved. He added that the Aker's had since reconsidered and decided to go with a design that would be in keeping with the architecture of the structure. He displayed the site plan showing the additions and a color rendering of the proposed elevations of the structure. Regular Meeting -Town Commission September 13, 1993 page Commissioner Wallace questioned if any of the previously approved im- provements had been made and was advised that none had been commenced. Mayor Koch noted that the Architectural Review and Planning Board had recommended that site plan approval be granted with the conditions that were recommended by the Town Manager. CCommissioner Wallace moved that the site plan be approved as submitted with the following conditions: a.) Certification be obtained from a licensed engineer or architect that the residence and additions meet all Federal Emergency Management Agency requirements for structures within V Zones (Chapter 48 of the Gulf Stream Code of Ordinances) and proof of same be provided to the Town prior to the issuance of a building permit. b.) Approval be obtained from the Florida Department of Environmental Protection and proof of same be provided to the Town prior to issuance of a building permit. c.) Approval be obtained from the Palm Beach County Department of Environmental Resources Management and proof of same be provided to the Town prior to the issuance of a building permit. d.) Should the state, county or flood regulations cause the Site Plan to change significantly from the one approved by the Town, the applicant shall apply for and receive a Site Plan Revision and approval prior to obtaining a building permit. The motion was seconded by Commissioner Armour. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. Mr. Marsh added that approval from the Palm Beach County Department of Environmental Resources Management had been obtained and a modification of the previously issued Florida Department of Environmental Protection permit has been applied for. VIII. Vegetative Disturbance Permit (AlA Historic Corridor). A. Victoria Say of Say Trade, Inc. as Agent for Selva & Jan Ganesh, 3268 N. Ocean Blvd., Gulf Stream, F1. -To install driveway gates between the existing columns. Mayor Koch questioned who would be presenting this application and Town Manager Harrington stated that since no one was present to represent the applicant, he would explain the application. Mr. Harrington called at- tention to the two different designs for the proposed gate that were marked 1st choice and 2nd choice, and advised that the applicant proposes that the gates be white in color. Mr. Harrington reported that the Architectural Review and Planning Board had recommended approval of choice #1 and that consideration be given to changing the color of the gates to black in that the driveway is of dark colored paver blocks. The Commissioners agreed C that they would have preferred that the ARPB make a firm recommendation regarding the color rather than suggesting that it be reconsidered. Mr. Harrington stated that perhaps this was done due to the fact that no one was present to represent the applicant at the ARPB hearing. 'He'' -said he.spoke on the phone to the agent, advising them of the suggestion that the color be changed,in order that they could be prepared to discuss it at this meeting. Commissioner Wallace moved, and Commissioner seconded, that the Vegetative Disturbance Permit be granted provided the design is as shown on the drawing "1st choice" and that the color of the gates is black. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Regular Meeting -Town Commission September 13, 1993 page 3 B. CGC Construction Management as Agent for James & Cynthia Neeves, 1330 N. Ocean Blvd., Gulf Stream, F1. -TO remove and install landscape material within the Historic Corridor. Town Manager Harrington, noting that there was no one present to represent the applicant, stated that the applicant had cleared exotic vegetation from along AlA on the north side of the private road and replanted the area without first obtaining a permit. He further stated that they were commencing to do the same on the south side when they were stopped and told that a permit was required. Mr. Harrington stated that he had directed the applicant to apply for a permit to cover the entire scope of the work and to include drawings of both the north and the south sides of the private roadway. Mr. Harrington concluded by reporting that the Architectural Review and Planning Board had recommended that the Vegetative Disturbance Permit be granted as requested with the condition that a permit be obtained from the Florida Department of Transportation for all new material to be located within the right -of -way of AlA. Commissioner Armour moved and Commissioner Wallace seconded that the Vegetative Disturbance Permit be granted as requested and as recommended by the ARPB,with the condition recommended by the ARPB. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. IX. Reports. A. Town Manager 1. Lien on Bordeman Property Mr. Harrington explained that the property at 800 Tangerine Way, owned by Mary Bordeman, has been in violation of Section 22 -31 of the Gulf Stream Code of Ordinances which prohibits wild growth and other nuisances associated with unkempt and dilapidated properties. He advised that he had been in contact with her numerous times regarding the violation but that she has not been cooperative in correcting it. He then called attention to the letter dated August 30, 1993 which was sent Certified Mail advising Mrs. Bordeman that if the violation was not correct- ed within 10 days of receipt of the letter, the town would abate all nuisances and bill her for the cost plus a 108 administrative fee. Mr. Harrington advised that in the event the town is forced to abate the nuisances and Mrs. Bordeman does not reimburse the town, it will be neces- sary to place a lien on the property. He asked that the Commission authorize such action at this time so he can move forward with resolving this problem. Mr. Harrington further reported that the Place Au Soleil Homeowners Association had also attempted to work with Mrs. Bordeman on this and had received no cooperation, and he had received numerous complaint: from the area with regard to the condition of Mrs. Bordeman's property. The Commissioners questioned what measure would be taken if the town abated the nuisances and had to lien the property and Mrs. Bordeman again permit- ted her property to become a nuisance. The Town Manager answered that it would be necessary to repeat the process and file another lien. Commissione: Armour felt Mrs. Bordeman should be given one more chance to do this work herself and moved that the Town Manager be authorized to write another letter advising Mrs. Bordeman that if the violations were not corrected by October 1, 1993, the town would correct them, bill Mrs. Bordeman for the cost plus 108 for administrative fees, and, failing to receive payment within 30 days, file a lien against the property. The motion was seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Regular Meeting -Town Commission September 13, 1993 page 4 B. Town Attorney There was no report from the Town Attorney. C. Finance Director 1. Financial Report for August, 1993 William Gwynn, Finance Director, reviewed the report. He called attention to the cash projection which revealed an estimated $127,900 at the end Cof the period. He further called attention to the format now being used } for listing the checks that are written each month which utilizes a print- out from the computer with the purpose of the expenditure typed in along side of each item. Commissioner True moved and Commissioner Wallace seconded that the financial report be approved as presented and all voted AYE. D. Architectural Review and Planning Board 1. Regular Meeting - September 22, 1993 at 9:00 A.M. The Town Manager announced the meeting in the absence of Chairman Orthwein. E. Police Report Chief Schultz announced that James Shea had been hired as a police officer to fill a vacancy from April, 1993. He further reported that members of the Department had completed Communicable Disease training on August 21, 1993, which is now mandatory thru Workers' Compensation. Chief Schultz stated that there are now hurricane preparedness plans in place and there have been recent purchases of equipment and supplies that were needed as a part of the plans. F. Construction in Progress in August, 1993. The report revealed there to be $6,521,942 worth of construction in progress during the month of August. X. Items for Commission Action. A. Ordinance No. 93/2; Regulation of Construction and Maintenance Activities. (2nd reading & adoption) Commissioner Armour moved that Ordinance No. 93/2 be adopted following the reading of the title by the Town Clerk. The motion was seconded by Commissioner True. There was no comment from the public. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. B. Items by Commissioners. There were no items by the Commissioners. XI. Correspondence. A. Opposing any proposal that preempts municipalities' zoning and planning authority over juvenile dentention facilities and /or any other correctional facilities to be located within 0 the municipal limits. 1. Resolution No. 54 -93; City of Lake Worth 2. Resolution No. 32 -93; Village of North Palm Beach B. Advocating development of emergency preparedness mutual aid agreements among local governments within south Florida. 1. Resolution No. 55 -93; City of Lake Worth 2. Resolution No. 31 -93; Village of North Palm Beach These were all made a part of the official record. Regular Meeting -Town Commission September 13, 1993 XII. Public There was no comment from the public. CXIII. Adjournment. 1 Mayor Koch adjourned the meeting at 5:00 P.M. l Rita L. Ix Taylor Town Clerk page September 3, 1993 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONERS: James E. Cross A. Curtis True, M.D. Kathleen S. Wallace PUBLIC HEARING TO BE HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON MONDAY, SEPTEMBER 13, 1993 AT 5:01 P.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. nr_Fmmn I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Presentation of the proposed Budget and Proposed Millage Rate for Fiscal Year 1993 -1994. A. Discussion from Commission and Public V. Adoption of Tentative Millage Rate for Fiscal Year 1993 -1994. VI. Adoption of Tentative Budget for Fiscal Year 1993 -1994. VII. Public Hearing Date for Final Adoption of Millage Rate and Budget VIII. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS 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. MINUTES OF THE PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON MONDAY, SEPTEMBER 13, 1993 AT 5:01 P.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 5:05 P.M. II. Pledge of Allegiance. The Pledge of Allegiance was given at the previous meeting that was Cadjourned at 5:00 P.M. III. Roll Call. Present and participating: Also present and participating: IV. Presentation of the William F. Koch, Jr. Alan I. Armour James E. Cross A. Curtis True, M.D. Kathleen S. Wallace E. Scott Harrington Rita Taylor William Gwynn Robert Schultz sed Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Town Clerk Finance Director Police Chief Ra Fiscal Year 199.1 -1994. A. Discussion from Commission and Public. Town Manager Harrington reported that there have been a few changes in the budget now under consideration since the proposed millage was set in July, 1993. These changes are: 1) Estimated amount due for insurance reduced by $5,000. 2) Discount on taxes reduced by $1,500 due to adjustment in millage rate.. 3) Garbage contract reduced by $3,200, provided the contract (which is due to expire in Sept. 1994) is renewed early. . . _.4).. Electric Franchise Fees increased by $6,000. 5) Local share of County Gas Tax increased by $7,500 (newly adopted by County Commission). 6) Funds designated for subsequent years budgets increased by $5,000. The payment to the Little Club for town's share of drainage improvements will be paid from the remainder of the fund. 7) Property tax reduced by $28,200due to reducing the millage from $3.4123 to $3.3095 per $1,000 of assessed value. Mr. Harrington explained that the tentative budget reflects a 4.70% increase over the rolled back rate while the previous proposed budget reflected Ca 7.97% increase over the rolled back rate. Mr. Harrington added that had revenues remained the same this year as last year, it would have been possible to reduce property tax below fherolled back rate by $10,000, noting the expenditures are estimated at a less than 2% increase over this year. The Town Manager advised that in his discussions with County Sanitation with regard to renewal of the garbage contract, County Sanitation had agreed that there would be no increase in the fee over the current year if the contract is renewed this year, and further offered to collect trash on a weekly basis throughout the town for an additional fee-of.$8.00 "per month for each hou'seholdas opposed to collecting trash from only those who request it and billing them directly. The Commissioners unanimously agreed to leave the service as it now functions and informally agreed to renew the contract this year to take advantage of the savings. Public Hearing -Town Commission September 13, 1993 page 2 Town Manager Harrington reminded that revenue sources are diminishing and offered the following as possible sources of revenue, should the Commission so desire: 1) Billing the residents directly for garbage collection. 2) Imposing a utility tax on consumption of electricity of up to 6 %. Members of the Commission all agreed that these possibilities may need to be utilizied at some point in the future for emergency funding but not at this time. Mr. Harrington, in closing, remarked that the total millage, which includes the operating fund and the debt service, is .0091 mills less than that of the current year. V. Adoption of Tentative Millage Rate for Fiscal Year 1993 -1994. Commissioner Wallace moved the adoption or a Tentative Millage rate for the operating fund of $3.3095 per $1,000 of assessed value for fiscal year 1993 -1994. The motion was seconded by Commissioner Armour. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Commissioner Wallace moved a Tentative Millage Rate of $.7527 per $1,000 of assessed value be adopted for the debt service for fiscal year 1993 -1994. The motion was again seconded by Commissioner Armour. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. VI. Adoption of Tentative Budget for Fiscal Year 1993 -1994. Commissioner Armour moved and Commissioner Wallace seconded that a Tentative Budget for Fiscal Year 1993 -1994 be adopted in the amount of $1,211,060. Roll Call: Comm. Wallace; AYE, Comm. Armour; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. VII. Public Hearing Date for Final Adoption of Millage Rate and Budget. would be held on September 21, 1993 at 5:01 P.M. VIII. Adjournment Mayor Koch adjourned the meeting at 5:35 P.M. on a motion to do so by Commissioner Wallace which was seconded by Commission Armour with all voting in the affirmative. 0 2- Rita L. Taylor , Town Clerk September 15, 1993 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONERS: James E. Cross A. Curtis True, M.D. C' Kathleen S. Wallace PUBLIC HEARING TO BE HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON TUESDAY, SEPTEMBER 21, 1993 AT 5:01 P.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. Consideration of Adopted Tentative Millage Rates and Adopted Tentative Budgets for fiscal year 1993 -1994. A. Explanation and discussion of the percentage by which (if any) the tentative millage rate exceeds the rolled back rate. B. Comment from the Commission and the Public. V. Adoption of Final Millage Rates for Fiscal Year 1993 -1994 A. Operating Fund B. Debit Service Fund VI. Resolutions Adopting Final Millage Rates A. Resolution #93 -8 Establishing a Tax Levy for the Operating Fund. B. Resolution #93 -9 Establishing a Tax Levy for the Debt Service VII. Adoption of Final Budgets for Fiscal Year 1993 -1994 A. Operating Fund B. Enterprise Fund (Water) VIII. Resolution #93 -10 Adopting Budgets for the Operating Fund and the Water Fund, and Appropriating Funds for the Fiscal Year 1993 -1994. IX. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE COMMIS- SION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS 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. PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON TUESDAY, SEPTEMBER 21, 1993 AT 5:01 P.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 5:01 P.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by Commissioner Armour. III. Roll Call. 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: Rita Taylor Town Clerk William Gwynn Finance Director Robert Schultz Police Chief Dr. A. Verma Town Resident IV. Consideration of Adopted Tentative Millage Rates and Adopted Tentative Budgets for fiscal year 1993 -1994. A. Explanation and discussion of the percentage by which the tentative millage rate exceeds the rolled back rate. Mayor Koch announced that the tentative millage rate of $3.3095 per $1,000 of assessed valuation exceeds the rolled back rate of $3.1609 per $1,000 of assessed valuation by 4.7 %. He further announced that the budget as originally proposed included a millage rate that was 7::8% above the rolled back rate. B. Comment from the Commission and the Public. Dr. A. Verma, 950 Orchid Lane, Gulf Stream, Florida was recognized. He questioned as to the procedure to be followed in order to appeal the tax increase. Mayor Koch advised that if it is the municipal portion of the tax bill that he wished to appeal, that this meeting was the place to be heard. Mayor Koch went on to advise that this.is just a very small part of the tax bill and asked him if his assessed valuation had been increased by the Palm Beach County Property Appraiser. Dr. Verma stated he had just returned from out of town and had not had the opportunity to review the tax notice. Town Manager Harrington explained in detail the reason for the 4.7% tax increase, pointing out that the expenditures had increased only 1.9% over last year but that several sources of revenue had decreased. Dr. Verma. stated that he had applied for a reduction in assessed value last year and received some relief, and agreed that he would perhaps need C to apply once again. He thanked the Commission for explaining the increase and stated that he will make his appeal thru other agencies. V. Adoption of Final Millage Rates for Fiscal Year 1993 -1994. A. Operating Fund. Commissioner Wallace moved and Commissioner True seconded that a final millage rate of $3.3095 per $1,000 of assessed valuation be adopted for fiscal year 1993 -1994. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. B. Debt Service Fund. Commissioner Wallace moved that a final millage rate of $.7527 be adopted for the debt service fund for fiscal year 1993 -1994 and Commissioner Armour seconded the motion. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Public Hearing -Town Commission September 22, 1993 page 2 VI. Resolutions Adopting Final Millage Rates. A. Resolution #93 -8 Establishing a Tax Levy for the Operating Fund. Commissioner Armour moved for the adoption of Resolution #93 -8 establishing a $3.3095 millage rate for the operating fund for fiscal year 1993 -1994 and Commissioner Wallace seconded the motion. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch;AYE B. Resolution #93 -9 Establishing a Tax Levy for the Debt Service. C Commissioner Armour moved and Commissioner True seconded that Resolution #93 -9 establishing a millage rate of $.7527 be adopted for fiscal year 1993 -1994. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. VII Commissioner Wallace moved to adopt the budget for the operating fund in the amount of $1,211,060. The motion was seconded by Commissioner Armour. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. B. Enterprise Fund (Water) Commissioner Wallace moved and Commissioner Armour seconded that the final budget for the enterprise fund in the amount of $302,500 be adopted for fiscal year 1993 -1994. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. VIII. Resolution #93 -10 Adoptinq Budgets Water Fund, and Appropriating Funds for the Fiscal Year 1993 -1994. Commissioner Armour moved and Commissioner True seconded that Resolution #93 -10 adopting the budgets for the operating fund and the water fund for the fiscal year 1993- 1994,and appropriating funds for the same, be adopted. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. IX. Adjournment. Mayor Koch adjourned the meeting at 5:20 P.M. on a motion to do so by Commissioner Armour which was seconded by Commissioner Wallace with all voting in the affirmative. PY4 Z n Rita L. Taylor ow Clerk Cl PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Architectural of the Town of Gulf Stream will hold a public September 22, 1993 at 9:00 A.M. and the Town public hearing on Friday, October 15, 1993 at Commission Chambers at the Town Hall, 100 Sea at which the following will be considered. Review and Planning Board hearing on Wednesday, --ommission will hold a 9:00 A.M., both in the Road, Gulf Stream, Florida, An application submitted by Digby Bridges of Digby Bridges, Marsh and Associates, as agent for John & Margaret Carson, 11 Hidden Harbour Dr., Gulf Stream, Fl. 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 -205; Lot coverage and floor area ratio. to permit the removal of an existing tennis court and the addition of a thirteen hundred (1,300) square foot addition to the existing single family dwelling at the address stated herein that would increase the lot coverage to six thousand five hundred twenty four (6,524) square feet, that being four hundred ninety seven and seventy five one hundreths (497.75) square feet over the six thousand twenty six and twenty five one hundreths (6,026.25) square foot maximum that is permitted by the Zoning Code. The legal description of this property is Lot 8, Hidden Harbour Estates. PERSONS INTERESTED in this matter 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 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: September 7, 1993 Publish: Palm Beach Post TOWN OF Date of Publication: September 14, 1993 �B September 30, 1993 October 10, 1993. Rita L. NOTICE IS PUBLISHED PURSUANT TO THE TOWN OF GULF STREAM ORDINANCES AND IS POSTED AT THE GULF STREAM TOWN HALL I': LOCATION OUTSIDE THE FRONT DOOR. GULF STREAM, FL. Taylor r, own Clerk CODE OF 9 A CONSPICUOUS N99nyN90 me »cOmmm emr�=o��m y m m my - �Op9mNNCm OPOy T O~ emoc H�Fi m4r mns own '"xi -9m amo op N n C X b o C a $, c QQ ".9 O 0 r 7 'r n -n0 ' §r F. r p 0 n d I� w a a w 0 CL N w C C Ctl A4 n C C w m 7 m 17-0 N o 9 a N w a m o^ ° » '° w ,�1g;Eam lu CL C R N� C S 4 me w m d � n O ny E C 7 pq � O 3j b COL � cs w COL M w? cny�wC CL C N d on on td N b G ° w cw N 7 w ry O. 91 � ?' N N „n °c rP m w ro o cu, O & o n rF IX N (D a N F O N w r %D 5 Li 3 w 't 0 "l w a a CL w c 0 o W CL G N R N O. U4 nC m G w T w w m n ' 7 0 p3 w 7 O °c 0 .G7 a j c C °s n V~i b I h N G r r °a O �sb � 9 W x g 5� W °x �xy. 112: t5- sn aO. EL d 0 C ! 0 a Cl) CL l_J PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Architectural of the Town of Gulf Stream will hold a public September 22, 1993 at 9:00 A.M. and the Town public hearing on Friday, October 15, 1993 at Commission Chambers at the Town Hall, 100 Sea at which the following will be considered. Review and Planning Board hearing on Wednesday, commission will hold a 9:00 A.M., both in the Road, Gulf Stream, Florida, An application submitted by Alvaro Vera, Blair Construction, as agent for Diane Kessenich, 2423 N. Ocean Blvd., Gulf Stream, Florida 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 RESIDENTIAL DISTRICT, Section 66 -203; Side yard required. to permit the construction of an open wood arbor connecting the dwelling to the separate studio which would extend eight (8) feet into the required fifteen (15) foot side yard on the west side of the property. PERSONS INTERESTED in this matter 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 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: September 9, 1993 Publish: Palm Beach Post Date of Publication: September 14, 1993 September 30, 1993 October 10, 1993 TOWN OF GULF STREAM, FL. f Rita L. Taylor Town Clerk 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. ° O ° a. aC 5 nrJ o C: a K � o N p C R a a 7 w O a a 0 C 99 C� m� m, O 0 rh 0 a (D M 9 d m Li W n Cti° °, & a ° a c y r m Yi rom$,ora' N °�a55cm CL r d C ry n ai W 7 I'D s N ° o x o' T a m b o C w y its z N ry N O W V� C N C a a G iy ° w m 'Ro "+ O' d " R R. e ° a to m a o 0 5 a N CL OW. E m CL C n r 3 w rt CL CL 7'�a z 7 VIO E9m OC1FO mND TO mow u° x Z<m a2fNxm9PI, zmOOamm> ^ice m m� mmy gmsoywz < <y ssp mcTmmmms CmrT om u m0smaoz >zo <`c�yama .m,� <mm?�mmm umi?n- m+nmvai s 5 5 w n 0 ('o D O O N ° � w rs � yO a 41� CL Y CL F 7 p C] N n T o y 7 C N cn b CD i �° 'm' w rF N :n: N o 9 n 5 a N O' I p* m o m Nm M CD r 0 m M rt. w O S 7 0 a � rCD{ r n n �tl r C:, � w o 7 8 04 b� n °x � M w wIr� CL wd m txj 7� nc n °c c b O w y October 7, 1993 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONERS: James E. Cross A. Curtis True, M.D. Kathleen S. Wallace C') PUBLIC HEARING TO BE HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 15, 1993 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA Call to Order II. Pledge of Allegiance III. Roll Call IV. Variances A. Digby Bridges, Digby Bridges, Marsh & Associates, as Agent for John & Margaret Carson, 11 Hidden Harbour Dr., Gulf Stream, Florida- Addition to existing single family dwelling which would increase the lot coverage to 6,524 square feet, exceeding the maximum permitted by 497.75 square feet, at the address stated herein which is legally described as Lot 8, Hidden Harbour Estates. B. Alvaro Vera, Blair Construction, as agent for Diane Kessenich, 2423 N. Ocean Blvd., Gulf Stream, Florida- Construction of an open wood arbor connecting the dwelling to a separate studio which would extend 8 feet into the required 15 foot west side yard setback at the address stated herein, legally.described in metes and bounds. V. Site Plan Review A. Digby Bridges,as Agent for John & Margaret Carson, 11 Hidden Harbour Drive, Gulf Stream, F1.- Removal of an existing tennis court to construct an addition to existing dwelling at the address stated herein. B. Alvaro Vera, as agent for Diane Kessenich, 2423 N. Ocean Blvd., Gulf Stream, F1.- Construction of an open wooden arbor to connect the dwelling to a separate studio at the address stated C/ herein. VI. 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 PUBLIC HEARING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 236.0105, F.S.S. PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 15, 1993 AT 9:00 A.M. IN THE COMMISSION CHAMBERS AT THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Vice Mayor Armour called the meeting to order at 9 A.M. II. Pledge of Allegiance. Vice Mayor Armour led the Pledge of Allegiance. III. Roll Call. Present and Alan I. Armour Vice Mayor participating: James E. Cross Commissioner A. Curtis True, M.D. Commissioner Kathleen S. Wallace Commissioner Absent with notice: William F. Koch, Jr. Mayor Also Present and E. Scott Harrington Town Manager participating: Rita Taylor Town Clerk Mark Marsh Agent of John Carson Margaret Carson Resident & Applicant Diane Kessenich Resident & Applicant Joan Orthwein Chairman of ARPB IV. Variances. A. Digby Bridges, Marsh & Associates, as Agent for John & Margaret Carson, 11 Hidden Harbour Dr., Gulf Stream, Florida- Addition to existing single family dwelling which would increase the lot coverage to 6,524 square feet, exceeding the maximum permitted by 497.75 square feet, at the address stated herein which is legally described as Lot S, Hidden Harbour Estates. Mr. Marsh of Digby Bridges, Marsh & Associates introduced Mrs. Carson to the members of the Commission. He then explained that the applicant is proposing to remove an existing tennis court which consists of 6,000 square feet and add a master bedroom wing consisting of 1,339 square feet, which would create additional landscaped area. Mr. Marsh stated that the Zoning Code provides that screen enclosures be counted at 50% of their square footage when computing lot coverage. Inasmuch as there is a screen enclosure over the pool, the maximum lot coverage would be exceeded by 497.75 square feet with the addition of the new wing. Mr. Marsh then displayed a site plan showing the proposed improvements and a color render- ing of the structure with the proposed improvements in place. He pointed out that the addition will bring balance to the structure, giving a more pleasing appearance. Mr. Marsh pointed out that all setbacks are being met and no variance would be needed if the pool screen were to be removed. He quickly added that the pool screen is a necessity in that the Carsons will be residing in Gulf Stream all year and the insects are a problem in this particular area with having a conservation area directly to the south and directly across the waterway. Mr. Marsh further justifed the need for the screen enclosure by distributing photos showing mature black olive trees in the area of the pool that are known to be very dirty. He stated that the applicant wants to keep the trees as they provide shade from west sun. Mr. Marsh did not believe that the screen enclosure was offensive in that it could only be seen from.the waterway and a bit from the south. He pointed to the heavy vegetation around the property, adding that when the tennis court is removed, additional landscaping would take place, bringing the landscaped area to 61% of the parcel. Vice Mayor Armour asked Chairman Orthwein for the recommendation of the Architectural Review and Planning Board. Public Hearing -Town Commission October 15, 1993 page 2 Mrs. Orthwein reported that ARPB recommended approval of the variance request as submitted with a vote of 2 in favor and 1 opposed, and directed attention to a copy of the minutes of that ARPB meeting. Commissioner Wallace believed that the increase in landscaped area by removal of the tennis court and the improved design of the structure with the addition in place justified the variance for lot coverage when taking Ointo consideration the need for the screen enclosure around the pool in this particular area. Vice Mayor Armour noted that the unsightly fence around the tennis court would be removed, which would be a great improvement when viewing the property from the waterway. Commissioner Wallace moved and Commissioner True seconded that the variance request be granted as was recommended by the Architectural Review and Planning Board. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE. B. Alvaro Vera, Blair Construction, as agent for Diane Kessenich, 2423 N. Ocean Blvd., Gulf Stream, Florida- Construction of an open wood arbor connecting the dwelling to a separate studio which would extend 8 feet into the required 15 foot west side yard setback at the address stated herein, legally described in metes and bounds. Mrs. Orthwein, Chairman of the Architectural Review and Planning Board, reported that the Board had recommended approval of the variance request in that this lot was most likely one of the smallest in town due to the division of the Phipps estate,that contained several buildings, -a 'number of years previously, many of which have non - conformities such as setbacks. She stated that the very close neighbors were pleased with the proposed arbor in that they felt it would increase their privacy. She noted that this could be achieved by increasing the height of an existing 4 foot wall without a variance but it was felt the arbor would be more pleasing to the eye. The Commissioners agreed that the close proximity of the buildings that resulted from the division of the property had created a hardship through no fault of the applicant, and that almost any type of improvement that is proposed would require the granting of a variance of some type. Commissioner Wallace moved and Commissioner Cross seconded that the variance be granted as recommended by the Architectural Review and Planning Board. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE. V. Site Plan Review. A. Digby Bridges, Marsh & Associates, as Agent for John & Margaret Carson, 11 Hidden Harbour Drive, Gulf Stream, F1.- Removal of an existing tennis court to construct an addition to tle -- existing dwelling at the address aforementioned. Chairman Orthwein reported that the ARPB had voted to recommend approval of the site plan, with the vote being 2 in favor and 1 opposed. Commis- sioner Cross 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. True; AYE, and Vice Mayor Armour; AYE. Public Hearing -Town Commission October 15, 1993 page 3 B. Alvaro Vera, as agent for Diane Kessenich, 2423 N. Ocean Blvd., Gulf Stream, F1.- Construction of an open wooden arbor to connect the dwelling to a separate studio at the address stated herein. Mrs. Orthwein reported that the ARPB had unanimously recommended approval Cof the site plan as presented. Commissioner Cross moved and Commissioner True seconded that the site plan be approved as recommended by the ARPB. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE. VI. Adjournment. Vice Mayor Armour adjourned the meeting at 9:30 A.M. on a motion to do so that was made by Commissioner Cross and seconded by Commissioner Wallace with all voting in the affirmative. /)L,& / Rita L. Taylor, P wn Clerk x