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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