HomeMy Public PortalAbout01/14/1994January 7, 1994
MAYOR: William F. Koch, Jr.
VICE MAYOR: Alan I Armour
COMMISSIONERS: James E. Cross
A. Curtis True
Kathleen S. Wallace
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, JANUARY 14, 1994 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 December 10, 1993.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Vi. Announcements.
A. Workshop Meeting RE: Annexation to be held on January 20, 1994
at 4:00 P.M.
B. Regular Meeting to be held on February 11, 1994 at 9:00 A.M.
VII. PUBLIC HEARING
A. Variance
1. Eugene Lawrence, Lawrence Group, Inc. as agent for Thomas
Crocker, contract holder on property at 3580 Polo Drive,
which is currently owned by Charles Hallock, legally
described as Lot 7, Block 3, Polo Fields Plat #1 in Gulf
Stream, Fl.- Addition of a second story to a portion of an
existing one story dwelling which encroaches 2.46 feet into
the required 42.46 foot front yard setback at the address
stated herein.
VIII. Site Plan Review.
A. Eugene Lawrence, Lawrence Group, Inc. as agent for Thomas
Crocker, contract holder on property at 3580 Polo Drive,
Gulf Stream, Fl.- Convert garage to living area; add a new garage
and second story; add a detached cabana and dock; remove
existing screen enclosure and reconstruct pool, patios and
driveways at the address stated herein.
IX. Reports.
A. Town Manager
1. Bi- monthly water use.
2. AlA Hazard Tree Survey
B. Town Attorney
C. Finance Director
1. Financial Report for December, 1993
D. Architectural Review and Planning Board
E. Police Report for December, 1993
F. Construction in Progress in December, 1993
X. Items for Commission Action
A. Tabled Items
1. Resolution #93 -14 opposing legislation which would in-
validate recent legislation that provides a mechanism to
expedite the annexation of enclaves.
B. Audit for 1992 -1993; Ernst & Young
C. Mutual Aid Agreement -Palm Beach County Law Enforcement Agencies.
D. RFP for Personnel Consultant
E. Items by Commissioners
Page 2
AGENDA CONTINUED
XI. Correspondence.
A.
Resolutions supporting the efforts of Palm Beach County in
cleaning up the water body located within Palm Beach County
known as the Lake Worth Lagoon.
1. #422-Town of Palm Beach Shores
2. #253- 93;City of West Palm Beach
B.
Resolution #423 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 -Town of Palm
Beach Shores.
C.
Resolutions from the City of Greenacres
1. #93- 43;Urging the Insurance Commissioner to review the Joint
Underwriting Association that was established for a means
for residential property owners to secure property insurance
coverage when other insurance markets refuse coverage.
2. #93 -44; Urging Palm Beach County to seek membership in the
Florida Windstorm Association.
3. #93 -45; Expressing strong opposition to legislation proposed
that would invalidate recent legislation that provides
a mechanism to expedite the annexation of enclaves.
D.
Letter from Palm Beach County Property Appraiser RE: Proposed
legislation to reform the Federal Flood Insurance Program.
E.
Letter of appreciation; Delray Beach City Manager David Harden
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 AND 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.
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REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM:ON FRIDAY, JANUARY 14, 1994 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:
Also Present and
Participating:
William F. Koch, Jr.
Alan I Armour
James E. Cross
A. Curtis True, M.D.
Kathleen S. Wallace
E. Scott Harrington
John Randolph
Rita Taylor
Robert Schultz
William Gwynn
Eugene Lawrence
Paul Bremmer
Joan Orthwein
William Behan
Perry O'Neal
Randy Ely
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Attorney
Town Clerk
Police Chief
Finance Director
Agent for Mr. Crocker
Auditor, Ernst & Young
Chairman ARPB
Town Resident
Town Resident
Town Resident
IV. Minutes.
Commissioner Armour moved and Commissioner Cross seconded that
minutes of the Regular Meeting of December 10, 1993 be approved as
circulated. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm.
AYE, Comm. True; AYE, and Mayor Koch; AYE.
the
Armour;
V. Additions, withdrawals, deferrals, arrangement of agenda items.
The Town Clerk requested that Resolution 94 -1 opposing National
Flood Insurance Reform Act of 1993 be added as item X.F. and Resolution
94 -01 from the Town of Ocean Ridge expressing opposition to invalidating
recent annexation legislation related to enclaves be added as item XI.F.
Town Manager requested that Item IX.D. be moved up on the agenda as Item
VIII. B. and Item X.B., presentation of the audit for 1992 -1993 be moved
up on the agenda and considered after the announcements. There were no
objections to any of the additions and changes.
VI. Announcements.
A. Workshop Meeting RE: Annexation to be
at 4:00 P.M.
B. Regular Meeting to be held on February
These announcements were made by Mayor Koch.
held on January 20, 1994
11, 1994 at 9:00 A.M.
At this point the item numbered X.B. on the agenda was considered. Mr.
Paul Bremmer representing the auditing firm of Ernst &Young presented
the audit for the fiscal year ending September 30, 1993. He advised
that the financial statements present fairly, in all material respects,
the financial position of the Town and are in conformity with generally
accepted accounting principles. He reported the Town to be financially
sound, adding that with the surplus carried from the previous year and
not used, added; ...to the surplus from this past year, there is a total
surplus of approximately $100,000.00.
Regular Meeting & Public Hearing
Town Commission - January 14, 1994 page 2
Commissioner Cross moved and Commissioner Armour seconded that the audit
for 1992 -1993 be approved as presented. Roll Call: Comm. Wallace; AYE,
Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
VII. PUBLIC HEARING
A. Variance
Eugene Lawrence, Lawrence Group, Inc. as agent for Thomas
Ci' Crocker, contract holder on property at 3580 Polo Drive,
which is currently owned by Charles Hallock, legally described
as Lot 7, Block 3, Polo Fields Plat #1 in Gulf Stream, F1.-
Addition of a second story to a portion of an existing one
story dwelling which encroaches 2.46 feet into the required
42.46 foot front yard setback at the address stated herein.
Joan Orthwein, Chairman of the Architectural Review and Planning Board
presented the recommendation of the Board at the request of Mayor Koch.
Mrs. Orthwein explained that at the initial presentation of the application
to the ARPB, there_ were concerns expressed by the public and by the Board
on eight points. She went on to explain that the hearing had been continued
and the applicant addressed all eight points to the satisfaction of the
Board. Based on that, she said, the ARPB recommended that the variance
be granted as requested provided that a heavy landscape barrier be instal-
led on the west side property line with a 6' high wooden fence to be
added in the event the landscape barrier was found to be inadequate to
lessen the noise and air pollution from vehicles using the driveway.
The Town Clerk advised that at the initial hearing held by the ARPB, there
had been five letters of opposition to the proposed project. Those were
from John & Eleanor Meyer, Russell Moir, Sara Winston, Lynda & Alex Stokes,
and Peter Ballas. There were no letters opposing the project as it was
amended and recommended by the ARPB.
Commissioner Armour asked how drainage from the driveway would be handled.
Mr. Lawrence pointed out that an engineered drainage design for the area
included on -site retention of the first one inch of rainfall by having the
paved area drain to the landscaped area in the center of the circular
driveway. Mayor Koch suggested that a connection be made to the existing
drainage system in the event of any runoff in excess of the one inch. Mr.
Lawrence stated that the applicant would be willing to do this.
Commissioner Wallace moved and Commissioner Cross seconded that the variance
be granted as recommended by the ARPB, said recommendation being for
approval of the amended application and drawings that addressed the eight
points of concern with the initial submission of the project, provided
a connection is made to the existing storm drainage system to handle
storm water runoff from the driveway. 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.
VIII. Site Plan Review.
A. Eugene Lawrence, Lawrence Group, Inc. as agent for Thomas
Crocker, contract holder on property at 3580 Polo Drive, Gulf
Stream, F1.- Convert garage to living area; add a new garage
and second story; add a detached cabana and dock; remove
existing screen enclosure and reconstruct pool, patios and
driveways at the address stated herein.
Regular Meeting & Public Hearing
Town Commission - January 14, 1994 page 3
Commissioner Wallace moved and Commissioner True seconded that the site
plan be approved as recommended by the ARPB with the same conditions that
were attached to the granting of the variance. 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.
At this point the item numbered IX.D on the agenda was heard. Mrs. Orthwein
Chairman of the Architectural Review and Planning Board reported that
at their meeting of December 29, 1993, the ARPB had voted unanimously to
recommend to the Town Commission that a citizens committee be appointed
to review the codes and recommend changes that would be helpful to those
planning construction in designing the type of structures that residents
in Gulf Stream want to see.
Mayor Koch stated that he had read the minutes of that meeting and had
circulated a memorandum -to the other members of the commission with some
suggestions in this direction. He asked the Town Clerk to read the
memorandum. The memorandum suggested that a 5 member task force be appoint-
ed consisting of one Commissioner, one ARPB member, and three at -large
residents to be considered from a list of those residents who have expressed
an interest in serving on the committee and lists of names submitted by
the Civic Association and Place Au Soleil Association. He further suggested
that the task force would bring a recommendation to the full ARPB and the
Commission for adoption with the town staff assisting with the operation
of the technical end and working with professional architects and planners
that would be selected by the commission to assist with this task. Mayor
Koch recommended that the task force be charged to address the following:
111. Improve the architectural review and standards so that they are more
descriptive of desired and inappropriate design elements. This
should help to provide better direction to prospective residents
and architects before their designs are complete rather than having
the Town react to finished designs.
2. Improve the relationship of the architectural review standards to
the numeric district standards such as setbacks and Lot Coverage.
As written, we almost have two separate codes -one for appearance
and one for zoning type matters. Beacuse the two are interrelated,
we need to improve both sections to provide a more clear connection
between them.
3. Improve the numeric zoning standards to better accommodate remodeling
and renovations. As I stated, we already have some of the most
restrictive standards in the state. While these may be appropriate
for large vacant lots, they can create hardships for those wanting to
improve existing properties. Since we have far more of this type of
C activity than vacant lots, we need to provide some flexibility with-
out having to grant Variances."
The Town Clerk advised that two letters had been received from residents,
one from Dean Hill, Jr. and one from Katherine D. Stone, and a group letter
signed by 24 residents, all of which supported upgrading the codes to have
future development and redevelopment be of a design that is in harmony with
existing development in the area and the Town as a whole. Mayor Koch asked
for public comment. William Behan, 3212 Gulf Stream Road stated he was in
agreement with everything in Mayor Koch's memo. Perry O'Neal, 588 Banyan
Road, asked to have the letter from the 24 residents read, and the names of
those signing it. It was read by the Town Clerk.
Regular Meeting & Public Hearing
Town Commission - January 14, 1994 page 4
Commissioner Armour suggested that an application form be prepared for
those who are interested in serving on the task force and that the Town
Manager review the budget in an effort to find funds with which to engage
professionals that will be needed to assist with the review and recommenda-
ions. The commissioners felt that those who apply to serve on the task
force should be able to be available thru the off season as this will
take a considerable amount of time. The Town Manager offered to prepare
an application in draft form for an informal review at the workshop
meeting to be held on January 20, 1994 and suggested that completed
applications be submitted prior to the February 11, 1994 meeting. Mr. Randy
Ely, a town resident, questioned why the ARPB can't do the review and
eliminate the need for a task force. Mayor Koch advised that the ARPB
had requested that a citizens committee be appointed to make a recommendation
to them.
IX. Reports.
A. Town Manager
1. Bi- monthly water use.
Town Manager Harrington reported that while water consumption was up 5.78%
as compared to October - November of 1992, it is down 20.05% as compared to
the base year of 1988 -1989. He advised that the City of Delray Beach has
gone to an inverted rate structure as a result of pressure from the State
and that he has a meeting with them next week in an effort to obtain some
concession from them until such time as Gulf Stream has an opportunity to
extablish a rate structure to recover from Gulf Stream users.
2. AlA Hazard Tree Survey
Mr. Harrington reported that Mr. C. Way Hoyt, the arborist that was hired
by the town, had submitted his recommendations as to what is needed for
the pine trees along AlA to be preserved. The estimated cost for Phase
I would be $30,000 and there was budgeted $20,000.00. He asked that he
be directed to search the budget for an additional $10,000.00 and that the
Gulf Stream Historic Highway Committee be asked for recommendations as to
how Phase II might be funded next year. He was so directed by the Commis-
sion. Mr. Harrington also advised that when the pine trees are trimmed,
there will be a number of traffic delays that will be cooridnated with
DOT.
B. Town Attorney.
There was no report from the Town Attorney
C. Finance Director
1. Financial Report for December, 1993.
Mr. William Gwynn reported that approximately 75% of the tax money had
been received and called attention to a change in format in the reports
which makes it possible to directly compare the financial report and the
monthly budget projection. 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. Commissioner True thanked Mr. Gwynn and Mr. Harrington
for revising the reports.
D. Architectural Review and Planning Board.
This item was heard earlier in the meeting.
E. Police Report for December, 1993.
Chief Schultz presented his report and added that Officer Mike Tranchant
had resigned and that he was processing an applicant for hiring in mid -
January. He further advised that there is a county -wide mututal aid
agreement related to law enforcement that will be discussed later on the
agenda.
Regular Meeting & Public Hearing
Town Commission - January 14, 1994 page 5
F. Construction in Progress in December, 1993.
The report revealed there to be $7,671,416 worth of construction in
progress during the month of December, 1993.
X. Items for Commission Action.
A. Tabled Items.
1. Resolution #93 -14 opposing legislation which would in-
validate recent legislation that provides a mechanism to
Cexpedite the annexation of enclaves.
The resolution was read by title by the Town Clerk. Commissioner Armour
moved for the adoption of Resolution #93 -14 and Commissioner True seconded
his motion. Roll Call: Comm. Wallace; NAY, stating that she did not want
to force neighbors into something they did not want to do, Comm. Cross; NAY,
Comm. Armour; NAY, Comm. True; AYE, and Mayor Koch; NAY.
B. Audit for 1992 -1993; Ernst & Young
This item was considered earlier in the meeting.
C. Mutual Aid Agreement -Palm Beach Co. Law Enforcement Agencies.
Chief Schultz advised that more than 75% of Palm Beach County municipalities
have adopted the agreement. He stated that currently law enforcement
agencies assist one another but by having the agreement, as is provided by
State Statute, there are guidelines established for such assistance. He
added that a municipality could withdraw from the agreement at any time
with no problem. Commissioner Cross moved and Commissioner Armour seconded
that the Mayor, Manager, Chief, & Clerk be authorized to execute the agreement.
Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm.
True; AYE, and Mayor Koch; AYE.
D. RFP for Personnel Consultant.
Town Manager presented the "Request for Proposals for Professional Services ",
which he had prepared to circulate to personnel consultants,for comment
by the commission. Commissioner Armour moved that the proposal be approved
and circulated as soon as possible. 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.
E. Items by Commissioners.
The Commissioners congratulated the ARPB on their negotiations with the
applicants regarding the pending improvements at 3580 Polo Drive.
F. Resolution #94 -1 opposing House of Representatives Bill 3191 &
Senate Bill 1405 regarding the National Flood Insurance Reform
Act of 1993 as they are currently worded and recommending
revisions thereto.
Commissioner Armour moved the adoption of Resolution #94 -1 and Commissioner
True seconded the motion. Roll Call: Comm. Wallace; AYE, Comm. Armour;
AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE.
CXI. Correspondence.
A. Resolutions supporting the efforts of Palm Beach County in
cleaning up the water body located within Palm Beach County
known as the Lake Worth Lagoon.
1. #422; Town of Palm Beach Shores
2. #253 -93; City of West Palm Beach
B. Resolution #423 expressing stong 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 -Town of Palm
Beach Shores.
Regular Meeting & Public Hearing
Town Commission - January 14, 1994 page 6
C. Resolutions from the City of Greenacres.
1. #93 -43; Urging the Insurance Commissioner to review the
Joint Underwriting Association that was established for a
means for residential property owners to secure property
insurance coverage when other insurance markets refuse
coverage.
2. #93 -44; Urging Palm Beach County to seek membership in the
Florida Windstorm Association.
3. #93 -45; Expressing strong opposition to legislation
proposed that would invalidate recent legislation that
provides a mechanism to expedite the annexation of enclaves.
D. Letter from Palm Beach County Property Appraiser RE: Proposed
legislation to reform the Federal Flood Insurance Program.
E. Letter of appreciation; Delray Beach City Manager David Harden
F. Resolution 94 -01; Opposing legislation to invalidate recent
annexation reform legislation related to enclaves -Town of
Ocean Ridge.
All of this correspondence was made a part of the official record.
XII. Public.
There was no comment from the public.
XIII. Adjournment.
The meeting was adjourned at 10:15 A.M. by Mayor Koch on a motion to
do so made by Commissioner Armour which was seconded by Commissioner Cross
with all voting in the affirmative-
Rita L. Taylor own Clerk
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