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HomeMy Public PortalAbout02/11/1994February 4, 1994 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: 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, FEBRUARY 11, 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. A. Regular Meeting & Public Hearing of January 14, 1994. B. Workshop Meeting of January 20, 1994. V. Announcements. A. Special Meeting to be held February 16, 1994 at 9:00 A.M. B. Regular Meeting to be held March 11, 1994 at 9:00 A.M. VI. Site Plan Review. A. Robert R. & Mary M. Kipp, 2526 Avenue Au Soleil, Gulf Stream, F1. 33483- Construct an addition to an existing dock which will be a maximum of 5' in width and 3716" in length at the address stated that is legally described as Lot 51 and part of Lot 52 in Place Au Soleil Subdivision. VII. Reports. A. Town Manager 1. Selection of Personnel Consultant 2. Lead & Copper Water Sampling Results B. Town Attorney C. Finance Director �l 1. Financial Report for January, 1994 2. Response to Audit Comments 3. Funds for Phase I trimming of pine trees along AlA 4. Funds to provide an architect for the Code Review Task Force D. Architectural Review and Planning Board 1. No meeting to be held in February, 1994. 2. March meeting to be held on March 23, 1994 at 9 A.M. E. Police Report for January, 1994 F. Construction in Progress in January, 1994 VIII. Items for Commission Action. A. Resolutions 1. #94 -2; Urging the State Insurance Commissioner to review the Joint Underwriting Association (JUA) property insurance provisions that established a means for residential property owners to secure property insurance coverage when other insurance markets or carriers refuse coverage. 2. #94 -3; Urging Palm Beach County Commissioners to seek membership with the Florida Windstorm Underwriting Assoc. that will provide residents of Palm Beach County the op- portunity to make application for windstorm insurance coverage through this association. C. Items by Commissioners AGENDA CONTINUED l�l February 4, 1994 IX. Correspondence. A. Resolutions from the Village of Palm Springs 1. #94 -02; Expressing strong opposition to legislation proposed that would invalidate recent legislation that provides a mechanism to expedite the annexation of enclaves. 2. #94 -04; Urging the State Insurance Commissioner to review the Joint Underwriting Association (JUA) property insurance provisions that established a means for residential property owners to secure property insurance coverage when other insurance markets or carriers refuse coverage. 3. #94 -05; Supporting BookFest of the Palm Beaches, a literary festival sponsored by the P.B. County Library Assoc. and urging the P. B. County Commissioners & other municipalities in P.B. County to match or exceed Palm Springs' donation of $500. B. Resolutions requesting that the Clinton Administration and Congress pass legislation to end the practice of unfunded mandates, and to include in future mandate provisions requir- ing local government input, cost /benefit analyses, and scientifically sound assessments of purported health, safety, or environmental risk. 1. #96 -93; City of Lake Worth 2• #247 -93; Town of Mangonia Park 3. #94 -01; Village of Palm Springs C. Resolutions urging Palm Beach County Commissioners to seek membership with the Fla. Windstorm Underwriting Assoc. that will provide residents of Palm Beach County the opportunity to make application for windstrom insurance coverage through this association. 1. #94 -197;_ Town of Hypoluxo 2. #94 -03; Village of Palm Springs D. Resolutions opposing House of Representatives Bill 3191 and Senate Bill 1405 regarding The National Flood Insurance Reform Act of 1993 as they are currently worded and recommending O revisions thereto. 1. #94 -05; City of Atlantis 2• #94 -100; Town of Hypoluxo 3. #RO1 -94; Town of Lantana 4. #424; Town of Palm Beach Shores 5. #20 -94; City of Riviera Beach 6. #94 -05; Village of Royal Palm Beach 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, FEBRUARY 11, 1994 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Vice Mayor Armour called the meeting to order at 9:00 A. M. in the absence of Mayor Koch. II. Pledge of Allegiance. The Pledge of Allegiance was led by Vice Mayor Armour. III. Roll Call. CPresent and Alan I. Armour Vice Mayor Participating: James E. Cross Commissioner A. Curtis True, M.D. Commissioner Kathleen S. Wallace Commissioner Absent with Notice: William F. Koch, Jr Also Present and E. Scott Harrington Participating: Scott Hawkins Rita Taylor Robert Schultz William Gwynn Robert Kipp Joan Orthwein At this time the Town Clerk requested to add as R -94 -09 from the City of Boynton Beach. Town Ma that an update on the status of the maintenance be added as item VII.A.3. and confirmation of th e added as item V.C. There were no objections. Mayor Town Manager Town Attorney Town Clerk Police Chief Finance Director Applicant Chairman ARPB item IX.D.7., Resolution Man Harrington requested of the Bordeman property April meeting date be IV. Minutes. Commissioner Wallace moved and Commissioner True seconded that the minute's of the Regular Meeting and Public Hearing :.of January 14, 1994 be approved as presented. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE. With regard to consideration of the minutes of the Workshop Meeting of Jan. 20th, Comm. Wallace questioned the text of the second sentence in the first paragraph on page 3. Town Manager Harrington stated that as written, it is not quite accurate and offered the following: "Town Manager Harrington stated that this is correct but that while the 'County Comprehensive-Plan allows up to 12 units per acre,the maximum density in the zoning code permits only 6 units per acre without a planned unit development or providing affordable housing." Commissioner Cross moved that the minutes of the Workshop Meeting of January 20, 1994 be approved as amended with the language offered by Mr. Harrington. Commissioner Wallace seconded the motion. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE. V. Announcements. A. Special Meeting to be held February 16, 1994 at 9:00 A.M. B. Regular Meeting to be held March 11, 1994 at 9:00 A.M. These announcements were made by Vice Mayor Armour. C. Regular Meeting scheduled for April 8, 1994 at 9:00 A.M. Town Manager Harrington asked to confirm this date as he believed there would be an item on that agenda that would require legal notice well in advance. Commissioner Cross advised that he would not be able to attend a meeting on that date. Inasmuch as Mayor Koch was not present to confirm his schedule, it was directed that the matter of the April, 1994 meeting be a part of the agenda for February 16, 1994. Regular Meeting -Town Commission, February 11, 1994 page 2 VI. Site Plan Review. A. Robert R. & Mary M. Kipp, 2526 Avenue Au Soleil, Gulf Stream, F1. 33483 - Construct an addition to an existing dock which will be a maximum of 5' in width and 3716" in length at the address stated that is legally described as Lot 51 and part of Lot 52 in Place Au Soleil Subdivision. Joan Orthwein, Chairman of the ARPB, advised that the ARPB recommends that ^ the application be approved as requested, adding that it had been ap- proved by the Place Au Soleil Homeowners Association prior to action by the ARPB. Vice Mayor Armour asked if there were any questions or comments regarding this request. Commissioner True advised that he had reviewed the site and the application and noted that this area is subject to very high wakes from passing boats. He questioned if this had been considered when the design was choosen. Robert Kipp, owner and applicant advised that he had given this careful consideration as he has had a boat docked in this area, which is in back of where his "Grand Banks" is currently moored. Mr. Kipp stated that by constructing the dock to extend beyond the existing batter piles and attaching whips on the dock to hold the boat away from the dock, the wake would not present a problem. Commis - sioner Wallace commended Mr. Kipp on his drawings and his application. Commissioner True moved that the site plan be approved as presented and Commissioner Wallace seconded the motion. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE. VII. Reports. A. Town Manager 1. Selection of Personnel Consultant. Mr. Harrington reported that he had scheduled a pre -bid conference on Tuesday, February 15, 1994 for those applicants who cared to attend. He questioned if the Commission would want to have a special meeting in March to make a selection from those making proposals. He stated that it is customary for the Town Manager to make recommendations regarding the selection and then for those recotmebded to:: appear- be €ore�•thd C6h mission. Commissioner True questioned why Mr. Harrington could not make the selection since he will have had more opportunity to investigate each applicant. Mr. Harrington stated that he does not have authority to enter into contracts and therefore the final selection must be made by the Commission. Commissioner True believed that with the recommendations from the Town Manager, this matter could be a part of the regular meeting on March 11, 1994. The other Commissioners were in agreement. 2. Lead & Copper Water Sampling Results. Town Manager Harrington explained that the results showed there is no problem with having unacceptable levels of lead & copper in the water Csupply, which is what had been expected since the City of Delray Beach had recently completed a similar test in their city which showed no problems in this area. Mr. Harrington explained that this program would be continuing indefinitely with the next sampling to be taken in June, 1994. 3. Status of maintenance at the Bordeman Property. Town Manager Harrington advised that no payment had been received from Mrs. Bordeman to cover the property maintenance that the town had arranged for. Vice Mayor Armour advised that some of the individuals who had known Mr. Bordeman from affiliations with the Rotary Club were donating funds toward this. At the suggestion of Mr. Harrington, Comm. Wallace moved and Comm. True seconded that the administrative fee of $55 be waived this one time. Roll Call: Comm. Wallace; AYE,_Comm. Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE. Regular Meeting -Town Commission February 11, 1994 page 3 B. Town Attorney. There was no report from the Town Attorney. C. Finance Director. 1. Financial Report for January, 1994. William Gwynn, Finance Director, presented his report and commented that Cj 818 of the tax revenue has been collected which is in line with previous years. Commissioner True moved and Commissioner Cross seconded that the report be approved as presented. Roll Call: Commissioner Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, and Vice Mayor Armour, AYE. 2. Response to Audit Comments. Mr. Gwynn reported that he had requested a refund from the City of Delray Beach of the $6,022.50 water meter deposit that was given to them a number of years previously but there has been no reply as yet. He also reported that a due date will be inserted on the water bills and late charges will be applied as each case may warrant. The Commissioner: were in agreement that past due bills should be treated as they had in the past and there is no need to impose interest charges at this time. In replying to the final comment from the auditor, Mr. Gwynn stated that during the course of the year a proper budget transfer will be made to avoid having any departments exceed their appropriations. 3. Funds for Phase I trimming of pine trees along AlA. 4. Funds to provide an architect for the Code Review Task Force Mr. Gwynn addressed these two items by recommending that the necessary funds be taken from the amount of $103,998 which is shown in the 1993 audit as Undesignated Funds in the Fund Balance. D. Architectural Review and Planning Board. Vice Mayor Armour advised that there would be no meeting held in February by the ARPB due to no applications having been received. He further advised that the March meeting would be held on March 23, 1994 at 9 A.M. Vice Mayor Armour requested that Mrs. Orthwein have the Architectural Review and Planning Board furnish the task force that is to be appointed with a list of what architecture, or portions of architecture, they find objectionable as well as what theyfind desirable. E. Police Report for January, 1994. Chief Schultz presented his report of police activity and added that Joseph Cannella Jr. had been hired on January 10, 1994 as a police officer and is in training and will attend the academy in March, 1994 to study Florida Law inasmuch as he was a certified officer in another state. The Chief further advised he had attended the Florida Police Chiefs Assoc. training conference from January 23 thru January 26, 1994 and that the C Department had responded to a Mutual Aid Request from the Town of Manalapan to assist with crowd control during the recent Israel Fund Drive Activity at the Ritz - Carlton Hotel. Chief Schultz closed by reporting that there had been an overall reduction in crime from 1992 to 1993 of.23% in Gulf Stream, with a clearance /solution rate of 30% which is well above the nation -wide clearance rate of 13 %. F. Construction in Progress in January, 1994 The report revealed there to be $7,683,087 worth of construction in progress during the month of January, 1994. Regular Meeting -Town Commission February 11, 1994 page 4 VIII. Items for Commission Action. A. Resolutions. 1. #94 -2; Urging the State Insurance Commissioner to review the Joint Underwriting Association (JUA) property insurance provisions that established a means for residential property owners to secure property insurance coverage when other insurance markets or carriers refuse coverage. Commissioner Wallace moved and Commissioner Cross seconded that Resolution #94 -2 be adopted. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE. 2. #94 -3; Urging Palm Beach County Commissioners to seek membership with the Florida Windstorm Underwriting Assoc. that will provide residents of Palm Beach County the opportunity to make application for windstorm insurance coverage through this association. Commissioner True moved and Commissioner Wallace seconded that Resolution #94 -3 be adopted. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE. C. Items by Commissioner. Commissioner True called attention to a letter sent to each commissioner by Clay Shaw requesting a list of projects and activities, supported or initiated by the town, which are either wholly or partly federal in nature in order that his office may lend assistance. He asked if we would be sending a reply. Town Manager Harrington replied that he had not yet seen the letter but would obtain a copy for review. IX. Correspondence. A. Resolutions from the Village of Palm Springs. 1. #94 -02; Expressing strong opposition to legislation proposed that would invalidate recent legislation that provides a mechanism to expedite the annexation of enclaves. 2. #94 -04; Urging the State Insurance Commissioner to review the Joint Underwriting Association (JUA) property insurance provisions that established a means for residential property owners to secure property insurance coverage when other insurance markets or carriers refuse coverage. 3. #94 -05; Supporting BookFest of the Palm Beaches, a literary festival sponsored by the P.B. County Library Assoc. and urging the P.B. County Commissioners & other municipalities in P.B. County to match or exceed Palm Spring's donation of $500.00. B. Resolutions requesting that the Clinton Administration and Congress pass legislation to end the practice of unfunded mandates, and to include in future mandate provisions requir- ing local government input, cost /benefit analyses, and scientifically sound assessments of purported health, safety, or environmental risk. 1. #96 -93; City of Lake Worth 2. #247 -93; Town of Mangonia Park 3. #94 -01; Village of Palm Springs C. Resolutions urging Palm Beach County Commissioners to seek membership with the Fla. Windstorm Underwriting Assoc. that will provide residents of Palm Beach County the opportunity to make application for windstorm insurance coverage through this association. 1. #94 -197; Town of Hypoluxo 2. #94 -03; Village of Palm Springs- Regular Meeting -Town Commission February 11, 1994 page 5 D. Resolutions opposing House of Representatives Bill 3191 and Senate Bill 1405 regarding The National Flood Insurance Reform Act of 1993 as they are currently worded and recommending revisions thereto. 1. #94 -05; City of Atlantis 2. #94 -100; Town of Hypoluxo 3. #RO1 -94; Town of Lantana 4. #424; Town of Palm Beach 5. #20 -94; City of Riviera Beach 6. #94 -05; Village of Royal Palm Beach 7. #R94 -09; City of Boynton Beach X. Public. There was no comment from the public, however, Commissioner Cross mentioned that he has had a number of phone calls expressing opinions regarding the proposed annexation. He reported that most who favor it do so because it would increase the tax base while those against the proposed annexation feel it would change the character of the Town. XI. Adjournment. Commissioner Wallace moved that Commissioner True seconded the motion. Vice Mayor Armour adjourned the meeting Rita L. Taylo Town Clerk the meeting be adjourned and All voted AYE to the motion and at 10:15 A.M.