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HomeMy Public PortalAbout12/10/1993December 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 FRIDAY, DECEMBER 10, 1993 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Minutes of the Regular Meeting of November 12, 1993. V. Additions, withdrawals, deverrals, arrangement of agenda items. VI. Announcements. A. Regular Meeting to be held on January 14, 1994 at 9 A.M. B. Workshop Meeting RE: Annexation to be held on January 20, 1994 at 4 P.M. C. Proclamation declaring January 24 through January 28, 1994 "TELLER APPRECIATION WEEK ". VII. Reports A. Town Manager 1. AlA Tree Update. B. Town Attorney C. Finance Director 1. Financial Report for November, 1993. D. Architectural Review and Planning Board. 1. Meeting of November 16, 1993. 2. December Meeting to be held December 29, 1993 at 9 A.M. E. Police Report for November, 1993. F. Construction in Progr VIII. Items for Commission 7 A. Resolution #91 -' recent legisl annexation r B. Items by C IX. Correspond, A. Reso' Co, 7 REGULAR MEETING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 10, 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 Allegiancd. Pledge of Allegiance was led by Comm. Armour. III. Roll Call. Present and Participating: Also Present and Participating: IV. Minutes. William F. Koch, Jr. Alan I. Armour James E. Cross A. Curtis True, M.D. Kathleen S. ';Iallace E. Scott Harrington John Randolph Rita Taylor Robert Schultz Charles Russell Perry O'Neal Joan Orthwein Sheryl Stolfenberg Ruth Johantges Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Town Attorney Town Clerk Police Chief Town Resident Town Resident Chairman ARPB County Planning Dept. County Planning Dept. Commissioner Armour moved and Commissioner Wallace seconded that the minutes of the Regular Meeting of November 12, 1993 be approved as circulated. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. V. The Town Clerk requested that Resolution #641 irom the Town o Highland Beach be added to the agenda as item IX.A.4. There were no objections to the addition. VI. Announcements. A. Regular Meeting to be held on January 14, 1994 at 9:00 A.M. B. Workshop Meeting RE: Annexation to be held on January 20, 1994 at 4:00 P.M. These meetings were announced by Mayor Koch. C. Proclamation declaring January 24, through January 28, 1994 as "Teller Appreciation Week ". Mayor Koch signed the proclama- tion. The Commission directed that in the future there be no more proclamations placed on the agenda unless so requested by the Mayor. VII. Reports. A. Town Manager 1. AlA Tree Update. Mr. Harrington reported that Jean Breazeale had prepared a report which was presented to the Legislative Delegation along with the Town's request for Delegation support of a Gulf Stream Local Bill which would permit the planting of Australian pine trees along State Road AlA in Gulf Stream. Mr. Harrington stated that the report contained an excellent summary of data collected from around the world on the merits of the trees that have been so maligned in Florida. He publicly commended Mrs. Breazealb s'- preparation of the document and in her presentation of it to the legislators. Mr. Harrington advised that Regular Meeting -Town Commission page 2 December 10, 1993 the report was well received and that 10 of the 12 (one of whom was absent) members of the Delegation voted to lend their support to the local bill in the next legislative session. Mr. Harrington further reported that a sponsor for the bill in the Senate has been obtained but that House sponsor is still being sought. Mayor Koch, who also appeared before the Delegation Cin support of the proposed bill, concurred with Mr. Harrington.and added ) that he wanted to commend Mr. Harrington for his part in helping to prepare the report and bring the matter to the legislators. Mr. Charles Russell, speaking from the audiance, stated that he had doubts that the majority of the residents in Gulf Stream wanted the Australian pines along AlA. The Commission advised that there had been a gigantic number of residents who had appeared before the Commission protesting the removal of the trees by the Department of Transportation and that a large number of residents had signed petitions in protest of the removal of them. B. Town Attorney The Town Attorney had no report but the Commission directed that he and Mr. Harrington move forward with the annexation of the F.I.N.D property on the north side of Place Au Soleil. C. Finance Director 1. Financial Report for November, 1993. In the absence of the Finance Director, Mr. Harrington reviewed the report. Mr. Harrington pointed out that the check for tax revenue from the Tax Collector that had been expected in the month of November did not arrive until December 1, 1993 and therefore was not reflected in this report. Commissioner True called attention to the memo he had distributed to the Commission requesting that certain changes be made in the format of the reports, one of which would be to have the same format used in the Monthly Budget Projections and the Monthly Financial Statement, with each line item to follow that of the adopted budget. Commissioner Armour moved and Commissioner Wallace seconded that the Financial Report for November, 1993 be approved as circulated and 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 of November 16, 1993. Joan Orthwein, Chairman of the ARPB advised that the only item on that agenda had been an application from Mr. Tom Crocker and that consideration of that had been continued to the next meeting on December 29, 1993. C 2. December Meeting to be held December 29, 1993 at 9:00 A.M. Mrs. Orthwein advised that the December had been changed from December 22, 1993 to December 29, 1993 at 9:00 A.M. due to the holidays. E. Police Report for November, 1993. Chief Schultz presented his report and added that Deputy Chief Ward had attended a 1 day seminar on Labor Relations and that two, 1994 Ford Squad Cars had been ordered with delivery expected in mid January, 1994. The Chief reported that his department had completed a study of the speeding that had been reported in the area north of the golf course and west of AlA and it was found that the average speed is 27 miles per hour. He stated that he had spoken with those that had been reported as continual violators and had been assured by them that they would correct the violation. He further reported that he had conducted two Crime Watch Programs during the week which had been adequately attended. Regular Meeting -Town Commission December 10, 1993 page 3 F. Construction in Progress in November, 1993 The report revealed there to be $7,628,971 worth of construction in progress during the month of November, 1993. Commissioner Armour questioned if there is any type of legislation that could be adopted which would assure a timely completion of construction projects. Attorney Randolph advised that this is difficult unless the Commission is willing undertake / the task of completing projects that would fall into violation of any 1 such legislation. The Commission did not indicate a willingness to do this but did ask Attorney Randolph and Town Manager Harrington to investigate the matter further. VIII. Items for Commission Action. A. Resolution #93 -14 opposing legislation which would invalidate recent legislation that provides a mechanism to expedite the annexation of enclaves. The Resolution was read by title by the Town Clerk. It was explained by Mr. Harrington that legislation had been adopted at the 1993 session which made possible the annexation of property of less than 10 acres total which was totally surrounded by a municipality without the vote of any of the property owners. He went on to advise that at the special session of the legislature that was held in the summer, there was a movement to repeal this and the Florida Municipal League and the Palm Beach County Municipal League are asking for support in opposing any change in the current law. Mayor Koch did not believe there should be any annexations unless the majority of the property owners agreed. Mr. Harrington advised that there are several articles in the December issue of the League magazine which discusses the pros and cons of this matter and suggested that perhaps the members of the Commission would want to review these before taking any action. Commissioner Wallace moved and Commissioner Cross seconded that Resolution #91 -14 be tabled until the next regular meeting. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE, IX. Correspondence. A. Resolutions 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. 1. Resolution #93 -182; City of Boynton Beach 2. Resolution #95, 1993; Town of Lake Park 3. Resolution #93 -194; Town of Hypoluxo 01 4. Resolution #642; Town of Highland Beach. B. Resolutions expressing opposition to any proposal that preempts municipalities' zoning and planning authority over juvenile dentention facilities and /or other correctional facilities to be located within corporate limits. 1. Resolution #64, 1993; Town of Lake Park 2. Resolution #93 -195; Town of Hypoluxo All of these resolutions were made a part of the official record. Regular Meeting -Town Commission December 10, 1993 page 4 X. Public. A. Presentation of County Urban Form Two staff members from the Palm Beach County Stolfenberg and Ruth Johantges , presented a brief discription of the study. The study hi Beach County Commission as part of a process Study -Palm Beach County Planning Department, Sheryl slide presentation and a id been directed by the Palm intended to identify alternative future development patterns for the county. These alternatives will then be presented to the South County Planning Forum which will consist of government, business and civic leaders from southern Palm Beach County and northern Broward County. The alternative scenarios that were presented are as follows: 1) Urban sprawl which is the type of development that is presently occurring. 2) Major centers which would be developments that are designed with housing, business and industry all in a given area so that persons would live and work in the same neighborhood. 3) Mass transportation design that would make it possible for a person to live in one area and work in another area and yet not have to depend on an automobile for transportation such as in the case of urban sprawl. Mr. Harrington explained that in the future, the Commission would most likely be asked to designate one of the members to serve on the South County Planning Forum and at that time the representative should be given some direction as to which of the alternatives that were explained in the presentation were thought to be the best for Palm Beach County. Mr. Perry O'Neal was recongnized and thanked Commissioner Wallace for the recent newsletter she had mailed to the residents. Commissioner Armour also commended Commissioner Wallace for the letter and suggested that perhaps the Town should periodically authorize something similar. Mrs. Wallace stated that this was an excellent suggestion and that she would be happy to help if Mr. Harrington is pressed for time by adding this to his present duties. Members of the Commission agreed that news- letters would be sent in the future, but not on a regular schedule, as directed by the Commission. XI. Adjournment. The meeting was adjourned at 10:25 by Vice Mayor Armour in the absence of Mayor Koch,who had left the meeting 10 minutes prior to adjournment, on a motion to do so made by Commissioner Wallace which was seconded by Commissioner Cross with all voting in the affirmative. O Rita L. Taylor Town Clerk NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a meeting on Wednesday, January 26, 1994 at 9:00 A.M. and the Town Commission will hold a meeting on Friday, February 11, 1994 at 9:00 A.M., both in the Commission C' Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application for development approval submitted by Robert R. & Mary M. Kipp, 2526 Avenue Au Soleil, Gulf Stream, Florida 33483 to permit the construction of an addition to an existing dock at the location stated herein, the legal discription of which is Lot 51 and part of Lot 52 in Place Au Soleil Subdivision The proposed addition is thirty seven feet six inches (370611) in length and a maximum of five feet (51) in width. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application, at their respective meetings noticed above. These meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. Complete application materials are on file in the office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483 and may be reviewed during regular business hours which gererally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THIS MATTER may appear before the Architectural Review and Planning Board and the Town Commission 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 WITH RESPECT TO ANY MATTER CONSIDERED AT THESE MEETINGS, 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 ➢HICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated: December 17, 1993 TOWN OF GULF STREAM, FLORIDA 2 OF y Rita L. Taylor, own Clerk C a NOTICE OF LEGISLATION TO WHOM IT MAY CONCERN: Notice is hereby given of intent to apply to the Florida Legislature for passage of a bill relating to the portion of State Highway AlA located in the Town of Gulf Stream which was designated as a state historic and scenic highway pursuant to Chapter 92 -152, Section 165, Florida Statutes; providing for complete exemption for this section of AlA from the provisions of Florida Statute 369.251, and the Rules of the Department of Natural Resources relating to said section, which prohibits the planting of the species Casuarina equisetifolia; providing authority for the Department of Natural Resources to grant permits for the purpose of allowing the sale, transport, possession, cultivation and planting of the species Casuarina equisetifolia within the AlA historic and scenic highway; providing an effective date. Publish: Palm Beach Post TOWN OF GULF STREAM Date of L: Publication: December 28, 1993 Rita L. 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