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.