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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. n 1 C 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 0