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HomeMy Public PortalAbout10/18/1993October 8, 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, OCTOBER 18, 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 A. Regular Meeting of September 13, 1993. B. Public Hearing (Budget) of September 13, 1993. C. Public Hearing (Budget) of September 21, 1993. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements A. Meetings 1. Regular Meeting- Friday, November 12, 1993 at 9 A.M. 2. Regular Meeting- Friday, December 10, 1993 at 9 A.M. B. Proclamations 1. Declaring "National Red Ribbon Week " - October 23 -31, 1993. 2. Declaring "Crime Prevention Month " - October, 1993. VII. Reports A. Town Manager 1. Update on Boardman Property Maintenance. 2. Annexation Update. B. Town Attorney C. Finance Director 1. Financial Report for September, 1993. D. Architectural Review and Planning Board 1. Meeting Dates a. No October Meeting. b. November Meeting, November 16, 1993 (Tuesday) at 9 A.M. E. Police Report for September, 1993. F. Construction in Progress in September, 1993. VIII. Items for Commission Action A. Contract with County Sanitation (Garbage, Recyclables,.Trash) B. Resolution #93 -11; Supporting Palm Beach County Efforts in Cleaning Up The Water Body Located Within Palm Beach County Known As The Lake Worth Lagoon. C. Items by Commissioners. IX. Correspondence A. Resolution #93 -5; Supporting The Efforts Of Palm Beach County In Cleaning Up The Water Body Located Within Palm Beach County Known As The Lake Worth Lagoon. -Palm Beach Co. Municipal League. X. Public XI. 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, OCTOBER 18, 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. 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: IV. Minutes. E. Scott Harrington John Randolph Rita Taylor William Gwynn Joan Orthwein Jean Breazeale John Breazeale Charles Russell Town Manager Town Attorney Town Clerk Finance Director Chairman, ARPB Chairman, Hist. Hwy.Comm. Town Resident Pres. Place Au Soleil Asn. A. Regular Meeting- Monday, September 13, 1993. Commissioner Armour moved that the minutes be approved as circulated and 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. Public Hearing (Budget) of September 13, 1993. Commissioner Armour moved and Commissioner Wallace 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. C. Public Hearing (Budget) of September 21, 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 to add the following items to the agenda: 1) Item VII.G.- Report from Gulf Stream Historic Highway Committee. 2) Item IX.B.- Resolution 640 from Highland Beach. 3) Item IX.0 - Resolution R -22 -93 from Town of Lantana. There were no objections. VI. Announcements. A. Meetings 1. Regular Meeting- Friday, 2. Regular Meeting- Friday, These were announced by Mayor Koch. B. Proclamations November 12, 1993 at 9 A.M. December 10, 1993 at 9 A.M. 1. Declaring "National Red Ribbon Week"-October 23 -31, 1993. 2. Declaring "Crime Prevention Month " - October, 1993. These proclamations were read by the Town Clerk and executed by Mayor Koch. VII. Reports. A. Town Manager 1. Update on Bor.delman Property Maintenance. Regular Meeting -Town Commission October 18, 1993 page 2 Town Manager Harrington reported that he had contacted a number of lawn maintenance services and requested quotations for cleaning up the Bordeman property. He further reported that 4 of them had been interested in the job and were to submit their prices no later than this date, October 18, 1993. He expected this to cost over $500.00 for the one time cleanup and felt that this property maintenance would continue to be a problem until such time as Mrs. Bordeman accepted assistance with managing her affairs. Commissioner Armour stated that he would be contacting Mrs. Bordeman as soon as Mr. Harrington has the quotations, in an effort to assist her in analyzing her financial position and finding a solution to the problems. He further stated that some of her husbands friends are willing to help with this one time cleanup, but could not be expected to continue to maintain her property. Commissioner Armour then asked under what law the Town would be entering the property and performing the work. Both Attorney Randolph and Mr. Harrington agreed that this will be accomplished under the nuisance section with the charges to be billed to Mrs. Bordeman, followed by the opportunity to lien the property if the bill is not paid. Mr. Harrington stated pictures would be taken of the property to document the condition prior to any work being started. Mr. Charles Russell, President of the Place Au Soleil Homeowners Assoc. believed that continuing maintenance should be arranged at this time rather than a one time cleanup. Attorney Randolph explained that this would not be legally possible since notice must be provided each time the nuisance violation occurs. 2. Annexation Update. Town Manager Harrington reminded that it had been determined at one of the meetings in the late spring that no further consideration would be given to any annexations of property adjacent to the.horth:'until such time as residents had returned for the season. He reported that there had been some changes in the annexation laws during the last legislative session and as a result some changes would be needed in the report he had prepared for the Commission earlier in the year. Mr. Harrington stated that the law now provides that certin parcels: of 10 acres or less may be annexed without the permission of property owners. He requested direction from the Commission as to when they would want to consider any annexation, if at all. Town Manager Harrington believed that certain of the owners in the area seeking annexation would be asking in the very near future for Gulf Stream to accept an application for annexation from them and he requested direction as to what to tell them. Commissioner Armour enumerated the pros and cons of annexing properties to the north of Gulf Stream as follows: Pro- 1)Income thru taxes would �\ increase slightly. 2)Annexing could be phased over a long period of time. 3)Gulf Stream would have control over the area on the north boundry. Con -1)The ratio of single family to multi - family occupancy would change causing there to be more multi - family than single family.2)There could more administrative work.3)Undesireable developement could occur if under control of another governmental entity. Commissioner Armour believed the Town should proceed if it is determined to be a viable asset to Gulf Stream. He did express concern at the possibility of the balance of single family and multi - family changing. Commissioner Wallace wanted to be certain the image of Gulf Stream was not changed by any annexation and she believed the density for any annexation area should not be greater than that provided in the current code. Regular Meeting -Town Commission October 18, 1993 page 3 Mr. John Breazeale questioned what the population is in the unincorporated pocket and was advised it was approximately 80 persons. Commissioner True and Commissioner Cross believed there were still too many unknowns to draw a conclusion or to properly inform the public. Com- missioner Armour questioned if it would be worth taking them in with all Cthat is involved along with all the unknowns. Town Manager Harrington advised that under the current county zoning for that area, it would be possible to build from 8 to 12 units per acre but that it is unclear as to what the maximum height could be. The Town Commission directed that a Workshop Meeting be scheduled for January 20, 1994 at 4 P.M. with the agenda to cover only the matter of annexation. The Commission further directed the Town Manager to obtain any information that would be valuable in accurately determining the pros and cons of the proposed annexation and to meet with county staff to discuss the possibilities of a phased annexation with the county's co- operation and assistance. Commissioner Wallace then moved that no ap- plication for annexation of any parcel north of Sea Road along State Road AlA be accepted prior to the Public Hearing on January 20, 1994 being held. The motion was seconded by Commissioner Cross. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Commissioner True; AYE, and Mayor Koch; AYE. B. Town Attorney. There was no report from the Town Attorney C. Finance Director 1. Financial Report for September, 1993. Finance Director William Gwynn presented the report, calling attention to the fact that it now appears there will be a $117,000 surplus, of which more than $80,000 is budgeted or reserved for expenses in the 1993 -1994 fiscal year. Commissioner Armour moved and Commissioner True 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. D. Architectural Review and Planning Board. 1. Meeting Dates. a. No October Meeting. b. November Meeting, November 16, 1993 at 9 A.M. Chairman Joan Orthwein announced the above information regarding the ARPB. E. Police Report for September, 1993. Town Manager Harrington presented the police report in the absence of.Chief Schultz, specifically pointing out that all officers had received �chemical defense weapon training via video from LETN, that 5 semi -auto 1 9 mm pistols had been purchased to replace some of the departments revolvers which were traded -in, and that four recent theft cases (purses stolen from unlocked vehicles) had been exceptionally cleared thru investigation. F. Construction in Progress in September, 1993. The report revealed there to be $6,660,108 worth of construction in progress during the month of September. G. Gulf Stream Historic Highway Committee. Jean Breazeale, Chairman of the Committee, reported that she had been advised it would be necessary to have a proposed bill submitted to the Palm Beach Legislative Delegation to permit Gulf Stream to replant Australian Pine Trees along AlA no later than October 22, 1993 in order for it to be considered by the Legislature in the next session. She asked if the Commission still wanted to move in this direction. The members Regular Meeting -Town Commission October 18, 1993 page 4 of the Commission stated they were anxious to move in this direction. Mrs. Breazeale said there were four things which need to be acomplished by her committee and the Town Commission. They are as follows: 1) Prepare a bill to submit to the Palm Beach County Legislative Delegation. 2) Have Mr. Hoyt start immediately on the hazardous tree survey. 3) Write a report which would cover the material Mr. Hoyt will prepare as a result of his analysis as well as a summary of many reports from other countries Con the value and strength of the Australian Pine Tree for presentation to the Legislative Delegation along with the proposed bill. 4) Make the presentation to the Legislative Delegation on November 18, 1993. Mayor Koch and the other members of the Commission complimented Mrs. Breazeale on the work that she and her committee had done to bring the project to this point. VIII. Items for Commission Action. A. Contract with County Sanitation (Garbage, Recyclables, Trash). Town Manager Harrington advised that the current contract had one more year before expiration but that County Sanitation had offered their service for 1993 -1994 at no increase over this year if the contract were to be renewed at this time. Mr. Harrington added that this would be a savings of 3% on the cost of the service for the coming year. He further reported that the services would remain the same as they currently are with the town paying for garbage and recycling collection from the tax revenues and with the property owner being billed directly by County Sanitation for any other materials collected by them. Mr. Harrington pointed out that the new contract provides that the extra material that will bed.: collected in the recycling program (to be implemented in the near future by the Solid Waste Authority) will be handled at no extra charge to the Town and that a paragraph has been inserted in the contract to provide that in the event there are any annexations, the increase in fee to cover the area will be computed on a containerized rate which is much less than the existing per unit rate that covers the back door pick -up service. Commissioner Armour moved that the contract with County Sanitation be approved as presented and that the Mayor and Town Clerk be authorized to execute same. 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. B. Resolution #93 -11; Supporting Palm Beach County Efforts in Cleaning Up The Water Body Located Within Palm Beach County Known As The Lake Worth Lagoon. Commissioner Armour moved and Commissioner Cross seconded that Resolution #93 -11 be adopted. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE; and Mayor Koch; AYE. C. Items by Commissioners. Commissioner Armour, noting that the recent change in State Law to permit involuntary annexation of parcels of 10 acres or less, moved that the Town Manager be directed to move forward with the annexation of the F.I.N.D. parcel of land adjacent to Place Au Soleil on the north. 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. Regular Meeting -Town Commission page 5 October 18, 1993 IX. Correspondence. A. Resolution #93 -5; Supporting the Efforts of Palm Beach County In Cleaning Up The Water Body Located Within Palm Beach County Known As The Lake Worth Lagoon. -Palm Beach County Municipal League. B. Resolution #640; Supporting the Efforts of Palm Beach County In Cleaning Up The Water Body Located Within Palm Beach County Known As The Lake Worth Lagoon. -Town of Highland Beach C. Resolution #R- 22 -93; Supporting the Efforts of Palm Beach County In Cleaning Up The Water Body Located Within Palm Beach County Known As The Lake Worth Lagoon. -Town of Lantana All of these Resolutions were made a part of the official record. X. Public. There was no comment from the public. XI. Adjournment. Mayor Koch adjourned the meeting at 10:40 A.M. on a motion to do so made by Commissioner Armour that was seconded by Commissioner Wallace with all voting in the affirmative. [Rita L. Taylor, own Clerk C� n 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 Tuesday, November 16, 1993 at 9:00 A.M. and the Town Commission, sitting as the Board of Adjustment, will hold a Public Hearing on Friday, December 10, 1993 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: An application submitted by Eugene Lawrence of The Lawrence Group, 205 Worth Avenue, Palm Beach, Florida 33480 as Agent for Thomas Crocker, the contract holder for a parcel of property under the ownership of Charles C. Hallock, 3580 Polo Drive, 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 SINGLE - FAMILY RESIDENTIAL DISTRICT, Section 66- 202; Front yard required to permit the addition of a second story directly above the existing single story dwelling,which encroaches2A6 feet into the required 42.46 foot front yard setback, located at 3580 Polo Drive, Gulf Stream, Florida that is legally described as Lot 7, Block 3, Plat No. 1 Polo Fields Subdivision. The subject variance is part of a site plan review application which includes the following: 1. A second floor addition of a master suite consisting of 1,238 square feet. 2. The addition of a new garage consisting of 680 square feet. 3. A first floor addition of living area consisting of 623 sq. ft. 4. The addition of a cabana consisting of 820 square feet. 5. The demolishion of the existing screen enclosure. 6. Replacement of the existing swimming pool. ALL 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 afore- said 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 �J 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. 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