HomeMy Public PortalAbout11/12/1993November 5, 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 FRIDAY, NOVEMBER 12, 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. Public Hearing of October 15, 1993
B. Regular Meeting of October 18, 1993
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements
A. Meetings
1. Regular Meeting- Friday, December 10, 1993 at 9 A.M.
2. Regular Meeting- Friday, January 14, 1994 at 9 A.M.
3. Workshop Meeting- Thursday, January 20, 1994 at 4 P.M.,
with reference to Annexation.
VII. Reports
A. Town Manager
1. Update on Boardman Property Maintenance
2. Bi- monthly Water Use
B. Town Attorney.
C. Finance Director
1. Financial Report for October, 1993
D. Architectural Review and Planning Board
1. November Meeting - November 16, 1993 at 9 A.M. (Tuesday)
E. Police Report for October, 1993.
F. Gulf Stream Historic Highway Committee
G. Construction in Progress in October, 1993.
VIII. Items for Commission Action
A. Resolution No. 93 -12; Authorizing a bill to be presented to
the Local Legislative Delegation so as to Amend Chapter 92-
152, Laws of Florida, at Section 165, so as to allow within
lam% the Historic and Scenic Highway of AlA between Palican Lane
and Sea Road in the Town of Gulf Stream the planting of the
species Casuarina Equisetifolia, thereby providing an
exemption to Florida Statute 369.251.
B. Items by Commissioners
IX. Correspondence
A. A request for municipalities to adopt resolutions endorsing
efforts of the National League of Cities to inform citizens
about the impact of Federal Mandates. -Fla. League of Cities
B. Resolutions from the Town of Lantana.
1. #R- 17 -93; Expressing strong opposition to any proposal that
preempts municipalities' zoning and planning authority
over juvenile detention facilities and /or other correctional
facilities to be located within corporate limits.
2. #R- 23 -93; Requesting that the Clinton Administration and
Congress pass legislation to end the practice of unfunded
mandates, and to include in future mandate provisions
requiring local government input, cost /benefit analyses,
and scientifically sound assessments of purported health,
safety, or environmental risk.
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
FRIDAY, NOVEMBER 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. Pledge of Allegiance was led by Comm. Armour.
III.
Roll Call.
Present and
Participating: William F. Koch, Jr.
Mayor
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: Scott Hawkins
Asst. Town Attorney
Rita Taylor
Town Clerk
William Gwynn
Finance Director
Mary Windle
Historic Highway Comm.
Robert Schultz
Police Chief
Ms. Burke
3110 N. Ocean Blvd.
Kerry B. Koen
Fire Chief
IV.
Minutes. David Hardin
City Mgr., Delray Bch.
A. Public Hearing of October 15, 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.
B. Regular Meeting of October 18, 1993.
Commissioner Armour moved and Commissioner
True 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 Resolution 85 -93 from City of Lake Worth
be added as item IX.C. and Resolution 244 -93 from Mangonia Park be added
as item IX.D., both of which support County's efforts to clean up the waters
of Lake Worth. Town Manager Harrington requested that Fire Chief Kerry Koen
and Delray City Manager Hardin be added to the agenda under Reports. Mayor
Koch asked to remove item VII.A.1., Update on Boardman Property Maintenance,
from the agenda. There were no objections to any of the requests.
VI. Announcements.
A. Meetings
1. Regular Meeting- Friday, December 10, 1993 at 9 A.M.
2. Regular Meeting- Friday, January 14, 1994 at 9 A.M.
3. Workshop Meeting- Thursday, January 20, 1994 at 4 P.M.
These meetings were announced by Mayor Koch.
VII. Reports.
A. Town Manager
1. Update on Boardman Property Maintenance. This item was
withdrawn from the agenda.
2. Bi- monthly Water Use Town Manager Harrington reported that
the water usage had been the highest this past year since the baseline that
was established in 1989. He reminded that the Town had been mandated by
the State to reduce water consumption by 20% by this date:but' the Town-just
reduced it by 10'h$. Mr. Harrington felt further reductions could be
Regular Meeting -Town Commission
November 12, 1993 page 2
achieved when some of the reduction programs that had been agreed upon
are implemented. He added that while consumption had been significantly
reduced by the non - residential users and multi - family developments, the
single family use has only been slightly reduced. Commissioner Armour
questioned if a letter should be sent to the single family users regarding
this and Mr. Harrington believed that would help but that it should be
done in conjunction with the water reduction programs that had been planned.
Mr. Harrington also reminded that the usage shown in the comprehensive
Cplan for the base year was inaccurate and at the time the evaluation and
; appraisal report is made to the state, which is several years in the future,
that can be corrected downward which will result in showing a greater
percentage of reduction in consumption.
B. Town Attorney.
There was no report from the Town Attorney.
C. Finance Director.
1. Financial Report for October, 1993.
Financial Director Gwynn presented his report, advising that the revenue
shown as collected for taxes is actually delinquent taxes from 1991 which
was not anticipated when the budget was prepared. He projected a transfer
of funds into the money market account within the next two months of
$695,000 due to expected 1993 real estate tax revenues. Mr. Gwynn reported
that the audit field work has been completed and a draft of the audit is
expected from Ernst & Young within the next few weeks.
Commissioner True thanked Mr. Gwynn for providing a monthly budget projection
and questioned how he computed each month 1 /12th of the budget. Mr. Gwynn
advised that he used the total of the adopted budget, deducted the amount
budgeted for the large, one time expenditures such as the purchase of the
police vehicles and the insurance, divided by 12, and then added the cost of
the large expenditures into the months in which the large expenditures were
expected to occur. Mr. Gwynn added that for the most part, expenditures
are about the same every month. Commissioner True observed that he was
not able to track the report back to the budget. Mr. Gwynn explained
that several line items in the budget are combined into more general
titles and he would be happy to furnish Comm. True with this information,
and any of the other commissioners if they so desire. Commissioner True
further stated that he did not see that the cash projection served any
real purpose and felt that it was not necessary for this information to
be provided. Commissioner True then requested that in the future the same
format be used in the Monthly Financial Statement and the Monthly Budget
Projection and that the budget figures be used rather than the groupings.
He further requested that the Monthly Statement be presented by line items
showing the budget figure, the actual figure, and the amount of variance.
In closing he explained that he liked to spread these reports out and
C align them for comparison. He requested that the financial report be
distributed on 8;1"x11" paper printed on one side. The Town Clerk explained
that this format would not fit into the commission folders but that if
the other commissioners had no objection to receiving it loose, rather than
being fastened with the other documents, she would be happy to do so.
The other commissioners had no objection.
Commissioner Armour moved that the financial report be approved as presented
and Commissioner True seconded the motion. Roll Call: Comm. Wallace; AYE,
Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
Regular Meeting -Town Commission
November 12, 1993 page 3
D. Architectural Review and Planning Board
1. November Meeting - November 16, 1993 at 9 A.M.
This date was announced by the Town Clerk who also advised that the ARPB
had not met during October, 1993 as there were no items for them to review.
E. Police Report for October, 1993.
Chief Schultz presented his report and added that he had attended the
I.A.C.P. Training Conference and Officers Shea and Schlosser had attended
refresher fire arms training in order to be qualified with the new semi-
automatic pistols that are being issued. Chief Schultz also reported that
two Cub Scout Dens had been given tours of the police department and 24
Scouts were fingerprinted on personal ID forms for the parents to retain.
The Chief concluded his presentation by advising that a double fatal auto
crash had occurred at 2929 N. Ocean Blvd., and that illegal aliens
continue to be a problem coming ashore in Gulf Stream.
F. Gulf Stream Historic Highway Committee
Mary Windle, representing the Committee in the absence of Chairman Breazeale,
distributed a draft of the presentation that will be made to the Palm
Beach Legislative Delegation when requesting that an amendment be made to
the special act that designated AlA a Historic Highway to permit the re-
planting of Australian Pine Trees in the corridor. She advised that the
final document will be completed on Monday and that Mr. Harrington had
agreed to write the introduction. Mrs. Windle suggested that the Commissioners
read the draft and if they have any suggestions as to content, that they
contact her or Mrs. Breazeale over the weekend.
Mrs. Windle commented that speeding on the local streets continues to be
a problem and she urged that the speed limits be lowered and signs posted
in order to protect the children and pets in the area. Mayor Koch reminded
that some residents are opposed to erecting additional signs and directed
that Chief Schultz and Town Manager Harrington investigate how many signs
would be neeled and where they would have to be located, as well as making
a recommendation as to what a reasonable speed should be on the local streets.
G. Construction in Progress in October, 1993.
The report revealed there to be $6,699,386 worth of construction in
progress during the month of October, 1993.
H. Fire Department Activity for 1992 -1993.
Fire Chief Kerry Koen introduced the City Manager from Delray Beach, David
Hardin. Chief Koen and Mr. Hardin stated they were pleased with the co-
operation between the Towns and the departments during this first year of
the Interlocal Agreement for Firefighting Services to be furnished to
Gulf Stream by the Delray Beach Fire Department. Chief Koen reported that
there were a total of 77 incidents, 33 of which involved fire activity
(alarms, etc.) and 44 emergency medical responses.
Mayor Koch questioned if the department ever receives calls from the un-
incorporated county area in error. The Chief stated they do get a few
and do respond and make a determination as to the course of action after
arriving on the scene. Commissioner Armour encouraged Chief Koen and Mr.
Hardin to feel free to make any constructive criticism that they feel
necessary. They both stated that there was nothing at this time.
VIII. Items for Commission Action.
A. Resolution No. 93 -12; Authorizing a bill to be presented to the
Local Legislative Delegation so as to Amend Chapter 92 -152,
Laws of Florida, at Section 165, so as to allow within `:..
Regular Meeting -Town Commission
November 12, 1993 page 4
the Historic and Scenic Highway of AlA between Pelican Lane
and Sea Road in the Town of Gulf Stream the planting of the
species Casuarina dquisetifolia, thereby providing an exemption
to Florida Statute 369.251.
Commissioner wallace moved and Commissioner Cross seconded that Resolution
No. 93 -12 be adopted. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE,
Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
B. Items by Commissioners.
Commissioner Wallace reminded that the matter of prohibiting parking vehicles
on grassy areas had been discussed and it was determined at the time that
this matter be considered at such time as other proposed ordinances were
being considered. She believed that this matter should be considered soon
as it does not appear that other ordinances will be proposed. Town Manager
Harrington suggested that it may be possible to include this in the
nuisance section, rather than the zoning section which requires more
extensive advertising. The Town Manager was directed to discuss this
possibility with the Town Attorney.
IX. Correspondence.
A. A request for municipalities to adopt resolutions endorsing
efforts of the National League of Cities to inform citizens
about the impact of Federal Mandates. -Fla. League of Cities
Town Manager Harrington reported that the Florida League of Cities had led
a movement to have State Legislation to limit mandates that were unfunded
and it had been successful to a certain extent. He cited several examples
of past unfunded mandates and advised that staff has prepared Resolution
No. 93 -13 to support the efforts of the National League of Cities if the
Commission so desires. The Town Clerk read the Resolution by title. Com-
missioner Wallace moved and Commissioner Cross seconded that Resolution No.
93 -13 be adopted. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm.
Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
B. Resolutions from the Town of Lantana.
1. #R- 17 -93; Expressing strong opposition to any proposal that
preempts municipalities' zoning and planning authority
over juvenile detention facilities and /or other correctional
facilities to be located within corporate limits.
2. #R- 23 -93; Requesting that the Clinton Administration and
Congress pass legislation to end the practice of unfunded
mandates, and to include in future mandate provisions
requiring local government input, cost /benefit analyses,
and scientifically sound assessments of purported health,
safety, or environmental risk.
C. Resolution 05 -93 supporting Palm Beach County's efforts to clean
C; up waters of Lake Worth (Intracoastal Waterway) -City of Lake Worth.
D. Resolution #244 -93 supporting the efforts of Palm Beach County
in cleaning up Lake Worth. -Town of Mangonia Park
All of these Resolutions were made a part of the official record.
X. Public.
Ms. Burke, 3110 N. Ocean Blvd. was recognized. She advised that the
property at this address is for sale and that it fronts on AlA and on Gulf
Stream Road. She believed that an exception to the sign code,that provides
only one real estate sign shall be erected on the parcel that is for sale,
would be proper since her property fronts two streets. Mayor Koch advised
that t the proper procedure for this request would be to file for a
variance. He further advised that this is a costly process and perhaps
Regular Meeting -Town Commission
November 12, 1993 page 5
the Commissioners would want to give Ms. Burke some indication of their
feelings in this regard. Commissioner Wallace advised that she is opposed
to real estate signs and would likely not vote to grant a variance to permit
additional signs. It was pointed out that it is necessary to find there
is a hardship before a variance can be granted and the members of the Com-
mission questioned if a hardship could be proven.
XI. Adjournment.
Mayor Koch adjourned the meeting at 10:30 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