HomeMy Public PortalAbout03/11/1994March 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, MARCH 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
of February 11,
1994.
B.
Special Meeting
of February 16,
1994.
C.
Special Meeting
of February 23,
1994
V. Additions,
withdrawals, deferrals,
arrangement of agenda items.
VI. Announcements.
Resolution # 6 -94 requesting the Clinton administration to re-
examine its criteria for eligibility for political refugee status,
A.
Regular Meeting
April 8, 1994 at
9 A.M.
B.
Regular Meeting
May 13, 1994 at
9 A.M.
C.
Donations
to municipal and independent libraries. -City of Lake Worth
1. Gumbo Limbo
Tree from Myra
Doherty
2. Collection of Architectural
Digest from Charles Hallock
VII. Reports.
A. Town Manager
1. Bi Monthly Water Use
2. Building Maintenance Update
B. Town Attorney
C. Finance Director
1. Financial Report for February, 1994
D. Architectural Review and Planning Board
1. Regular Meeting and Public Hearing -March 23, 1994 at 9 A.M.
E. Police Report for February, 1994.
F. Construction in Progress in February, 1994.
VIII. Items for Commission Action.
A.
Selection of a Personnel Consultant
B.
Authorization to proceed with pine tree trimming program on AlA
(Report from Gulf Stream Historical Highway Committee)
C.
Annexation of Northeast Area along AlA
D.
Items by Commissioners
IX. Correspondence
A.
Resolution # R94 -14 opposing House Bill 405 regarding retail
electric territorial service areas -City of Boynton Beach
B.
Resolution # 6 -94 requesting the Clinton administration to re-
examine its criteria for eligibility for political refugee status,
requesting the Federal Government to develop effective inter-
diction and deportation plans and to provide funding to eliminate
the burden on the communities of South Florida. -City of Lake Worth
C.
Resolution # 24 -94 urging the F1. Legislature to pass House Bill
1031 and Senate Bill 1290 to provide that aid be made available
to municipal and independent libraries. -City of Lake Worth
page
AGENDA CONTINUED
IX. Correspondence (Continued)
D.
Resolution #26 -94 supporting passage of House Bill 693 and
Senate Bill 304, those bills authorizing municipalities to
make repairs if a code enforcement board order finding violations
is not complied with and to assess the costs of repairs with
a lien equal in dignity to liens for county and municipal ad
valorem taxes. -City of Lake Worth
E.
Resolution # 101 -93 expressing strong opposition to legislation
proposed that would invalidate recent legislation that provides
a mechanism to expedite the annexation of enclaves -Lake Worth
F.
Resolution # 15 -94 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
to support Bookfest 94. -City of Lake Worth
G.
Resolution # 54 -94 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. -City of West Palm Beach
H.
Resolutions 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.
1. Resolution # 3 -94; City of Lake Worth
2. Resolution # 53 -94; City of West Palm Beach
I.
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. Resolution #17 -94; City of Lake Worth
2. Resolution #12, 1994; City of Palm Beach Gardens
3. Resolution #41 -94; City of West Palm Beach
t ^' 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, MARCH 11, 1994 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE
TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
I.
II.
III.
IV
Call to Order. Mayor Koch called the meeting to order at 9:00 A.M.
Pledge of Allegiance. Pledge of Allegiance was led by Vice Mayor
Armour.
Roll Call
Present and
Participating:
Also Present and
Participating:
Minutes.
William F. Koch, Jr.
Alan I. Armour
James E. Cross
A. Curtis True
Kathleen S. Wallace
E. Scott Harrington
John Randolph
Rita Taylor
Robert Schultz
William Gwynn
Jean Breazeale
Hal Scott
Robert Miles
Bill Pope
Mrs. Francis
Charles Russell
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Attorney
Town Clerk
Police Chief
Finance Director
Chair. Historic Hwy. Com.
D.M. Griffith & Assoc.
Consultant Applicant
Resident- L'Hermitage
Resident
Resident
A. Regular Meeting of February 11, 1994.
B. Special Meeting of February 16, 1994.
C. Special Meeting of February 23, 1994.
Motions were made by Commissioner Cross and seconded by Commissioner Armour
that each of the above be approved as circulated. Roll Call: Comm.
Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and
Mayor Koch; AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Town Manager Harrington requested to add item VI.A.3., a discussion
regarding home occupations and that item VIII.A., selection of a personnel
consultant be heard as the next item. Mayor Koch requested that item VIII.
C., Annexation, be heard immediately following the selection of a personnel
consultant. The Town Clerk requested to add item X.A., a letter from
Place Au Soleil regarding proposed annexations to Delray Beach. There
were no objections the these additions /changes.
VIII. Items for Commission Action.
A. Selection of a Personnel Consultant.
Mr. Harrington reviewed what is to be expected of the consultant that had
been listed in the RFP that was circulated. He advised there had been 4
responses that had been reviewed by him and Leonard Carson, Labor Attorney
on retainer for the Town. He statedthat they had agreed to offer for
consideration, one small firm and one large firm, and subsequently agreed
to recommend David M. Griffith & Associates, Ltd., a large firm, and
Robert A. Miles, a small firm. Mr. Harrington advised that a representative
from each of these firms is present and requested that each be given 15 min.
for their presentation. This was agreeable and Mr. Harrington asked
Mr. Hall Scott, representing David M. Griffith & Assoc. to start his
presentation.
Regular Meeting -Town Commission
March 11, 1994 page 2
Mr. Scott distributed a handout containing sample documents that would
be used for data gathering and gave a brief description of his firm. Mr.
Scott stated that he would be the project manager and would be addressing
the following: 1) Job descriptions. 2) Benefit packages. 3) Fair
Labor Standards Compliance. 4) Due process for disciplinary procedures.
5) Travel policy. 6) Risk management. 7) Compliance with ADA.
CCommissioner Armour stressed that this be kept simple. Commissioner
Wallace asked how many meetings and of what estimated duration would they
be. Mr. Scott advised that each employee would meet two times with the
consultant with the first meeting being one hour and the second one
expected to be one half hour. He added there would be several meetings
with the Commission and then a two or three day training period for the
department heads which would consume 4 to 5 hours each day.
Mr. Bob Miles was introduced by Mr. Harrington and explained that his
final product would be custom designed for the Town of Gulf Stream. He
gave a brief description of his firm, advising that he and his partner
both had full time jobs in this field and do consulting work with the
blessing of their employers during their vacation time and other accumulat-
ed compensatory time. Mr. Miles advised he would address the following:
1) New job descriptions. 2) Compliance with American Disabilities Act.
3) Compliance with Fair Labor Standards Act. 4) Personnel Management.
5) Benefit Packages. 6) Training & Travel Allowance. Mr. Miles
expected there would be 8 hours of training for department heads.
During Commission discussion, it was noted that both firms are using
the same approach but that the larger firm would be more likely to be
available in years to come if revisions were needed, and the larger firm
has more resources to draw from. Commissioner Armour moved and Commissioner
Wallace seconded that the Town Manager be authorized to negotiate a
contract for a personnel consultant with the firm of David M. Griffith
& Associates, Ltd. for an approximate amouht.of $9,000...RO11 Call:
Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE,
and Mayor Koch; AYE.
C. Annexation of Northeast Area along AlA.
Mr. Harrington asked the Town Clerk to report on the number of replies that
have been received in relation to the proposed annexation. She reported
there had been 15 phone calls, 13 of which were opposed to this annexation.
In addition, there were 12 letters received, one of which was from a
resident of 4333 N. Ocean, and of those from Gulf Stream, 3 were in favor
of the annexation as proposed. Commissioner Cross reported that from the
calls he received, 10 to 1 were opposed. Mayor Koch and Vice Mayor Armour
advised that most of the calls they received would not object if only
Ballantrae could be annexed and none of the others. Commissioners True
and Wallace stated their experience had been approximately the same as
that reported by Commissioner Cross.
Bill Pope of L'Hermitage believed it is a legal responsibility of the
Town to annex the remaining property on the west side of AlA since
several of the parcels are already in the Town. He stated that while
it would mean higher taxes if L'Hermitage were to be a part of Gulf Stream,
he felt a responsibility to help pay for the benefits they receive by
being on the fringe of the Town.
Regular Meeting -Town Commission
March 11, 1994 page 3
Mrs. Francis of Palm Way asked what entity would control development in
the pocket if Gulf Stream does not annex it. Mayor Koch and Commissioner
Wallace explained that Palm Beach County has control and their zoning is
currently very much like that of Gulf Stream in this area. Comm. Wallace
added that there is no threat of the City of Boynton Beach forcing this
area into their jurisdiction as it would currently take a favorable vote
from those being proposed for annexation.
Commissioner Wallace moved and Commissioner Armour seconded that a policy
be established not to pursue annexation of the northeast area along AIA
at this time due to the fact that the design of those properties, with the
exception of Ballantrae, are excessively dissimilar in relation to those
in Gulf Stream, the ratio of single family dwellings to multi - family
dwellings would change in favor of multi - family dwellings and significantly
change the character of Gulf Stream. Roll Call: Comm. Wallace; AYE, Comm.
Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
Mayor Koch returned to the original order of the agenda at this time.
VI. Announcements.
A. Regular Meeting April 8, 1994 at 9 A.M.
B. Regular Meeting May 13, 1994 at 9 A.M.
The above meetings were announced by Mayor Koch.
C. Donations
1. Gumbo Limbo Tree from Myra Doherty
2. Collection of Architectural Digest from Charles Hallock.
The Commission expressed appreciation for the above donations and directed
they be properly thanked. Commissioner Armour believed that when accepting
donations it should be made clear that there are no conditions placed on
the gift that it be kept forever as often times it is necessary dispose
of items, especially where libraries are concerned, for reasons of lack
of space. All were in agreement to this.
VII. Reports.
A. Town Manager
1. Bi Monthly Water Use.
Mr. Harrington presented the data in written form and there was no discussion.
2. Building Maintenance Update.
Town Manager Harrington reported that a new air conditioning compressor
had just been installed in the police department with the handler having
been replaced last summer, new carpet has been installed in the police
department, a new water heater has replaced the original unit in the town
C hall, the fountain has been repaired, and the tree trimmers are currently
at work on the town hall grounds.
3. Home occupations discussion
Mr. Harrington pointed out that under the code, no home occupations are
permitted. He added that it is reasonable to assume that a great number
of households have a computer and that residents do perform some types
of work on them, speak to clients on the phone, etc., none of which has
an impact on the neighborhood. However, there have recently been a number
of instances of retail selling parties, either for charity or personal
gain, being held in homes which last for more than 3 or 4 hours which
does cause an impact on the neighborhood. He pointed out that with no
allowance for any home occupation, it is difficult for him to stop the
sales parties without stopping all home occupations. Mr. Harrington
Regular Meeting -Town Commission
March 11, 1994 page 4
advised that this is a common problem in all towns and that there are
some very good ordinances in relation to controlling this type of situation.
He asked for some direction from the Commission. The Commission directed
that Mr. Harrington and Mr. Randolph prepare a draft ordinance which
would prohibit the following: 1) Retail on -site sales. 2) Employees
at the home occupation who do not live on the site. 3) Tours. 4) Any
photography. 5) Charity events over an extended period.
B. Town Attorney.
There was no report from the Town Attorney.
C. Finance Director
1. Financial Report for February, 1994.
William Gwynn, Finance Director, reported that 88% of the tax money for
this year has been collected. He further reported that when taking into
consideration revenue that has been collected over what was anticipated
for this period and adding to that the funds for expenditures that had
been budgeted for this period that has not been spent, the result is
$51,000 to the good. Commissioner Armour moved and Commissioner Wallace
seconded that the financial report be approved aspresented. Roll Call:
Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE,
and Mayor Koch; AYE.
D. Architectural Review and Planning Board
Mr. Harrington, in the absence of Chairman Orthwein, reported that there
had been no meeting held in February, 1994 and that the next meeting for
the Architectural Review and Planning Board would be held on March 23, 1994
at 9:00 A.M., said meeting also to include a Public Hearing.
E. Police Report for February, 1994
Chief Robert Schultz presented his report and added that Officer Ray
Levy had resigned effective March 13, 1994 to enter into his own business.
The Chief added also that Officer Levy was a good officer and he was
sorry that he was leaving. Mayor Koch asked that Chief Schultz thank Mr.
Levy on behalf of the Town and wish him well on his future endeavours.
F. Construction in Progress in February, 1994.
The report revealed there to be $7,765,222 worth of construction in
progress during the month of February, 1994.
VIII. Items for Commission Action.
A. Selection of a Personnel Consultant.
This item was considered earlier on the agenda.
B. Authorization to proceed with pine tree trimming program on
AlA (Report from Gulf Stream Historical Highway Committee)
Mr. Harrington explained that Mr. Hoyt would be starting Phase I of the
trimming program prior to hurricane season. He pointed out that there
are surplus funds available and questioned if the Commission would want
to consider having Phase II done at the same time, adding that there
could be a savings of several thousand dollars by having it done while
the company was all set up and doing Phase I. The Commission directed
that Mr. Harrington negotiate for this and bring it for consideration
at the next meeting. Mr. Harrington then introduced Mrs. Breazeale,
Chairman of the Gulf Stream Historical Highway Committee.
Mrs. Breazeale reported that the committee was recommending that funds for
the tree trimming program be taken from tax revenue and that funds that
are expected from fund raising events be used for a replanting program.
With regard to the pending legislation to permit the replanting of the
Australian pines along AlA, Mrs. Breazeale stated that the bill passed
a sub - committee hearing but has not been brought before a full committee
hearing. She added that an attempt is being made to find out who should
Regular Meeting -Town Commission
March 11, 1994 page 5
be lobbied in an effort to move it forward. Mrs. Breazeale further
added that there are other groups seeking exemptions from the restrictions
on the planting of Australian pines which makes it difficult for anyone
to get an exemption. In closing, Mrs. Breazeale reported that one of
the members of the Committee, Mrs. Woolems, has resigned in that she
moved out of town. For a replacement member the Committee recommends
Mrs. James Neeves, 1304 N. Ocean Blvd.,,she said. Commissioner True
moved and Commissioner Wallace seconded that Mrs. Neeves be appointed to
the Committee. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm.
Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
Charles Russell, 3501 N. Ocean Blvd., did not feel that tax money should
be used for trimming the pine trees and he did not feel that property
owners along AlA should be forced to have pine trees if they did not want
them. Mayor Koch explained that DOT had not trimmed them properly in the
past and does in fact, want to cut them down. He added that residents in
town had urged the Commission to do whatever is necessary to preserve
what is left, knowing that this would take money. Mr. Harrington advised
Mr. Russell that before any trees are planted, there will be a public
hearing at which objections such as this can be aired.
C. Annexation of Northeast Area along AlA.
This item was considered earlier in the meeting.
D. Items by Commissioners.
Commissioner Wallace reminded that a newsletter had not been sent since
December, 1993 and believed that April, 1994 would be an appropriate time
to do:so,-and. suggested the commissioners forward their ideas to the Town
Manager. No one was opposed to this suggestion.
IX. Correspondence.
A. Resolution #R94 -14 opposing House Bill 405 regarding retail
electric territorial service areas -City of Boynton Beach.
This was made a part of the offical record.
B. Resolution #6 -94 requesting the Clinton administration to re-
examine its criteria for eligibility for political refugee
status, requesting the Federal Government to develop effective
interdiction and deportation plans and to provide funding to
eliminate the burden on the communities of South F1. -Lake Worth
Commissioner Wallace stated she felt this issue was of vital concern to
all in South Florida and that Gulf Stream should adopt a similar resolution.
The other commissioners agreed and Mayor Koch directed that a similar
resolution be prepared for execution at the next meeting.
C. Resolution #24 -94 urging the F1. Legislature to pass House
Bill 1031 and Senate Bill 1290 to provide that aid be made
C available to municipal and independent libraries. -Lake Worth.
D. Resolution #26 -94 supporting passage of House Bill 693 and
Senate Bill 304, those bills authorizing municipalities to
make repairs if a code enforcement board order finding violations
is not complied with and to assess the costs of repairs with
a lien equal'in dignity to liens for county and municipal ad
valorem taxes. -City of Lake Worth.
E. Resolution #101 -93 expressing strong opposition to legislation
proposed that would invalidate recent legislation that provides
a mechanism to expedite the annexation of enclaves -Lake Worth
Regular Meeting -Town Commission
March 11, 1994
page 6
F. Resolution #15 -94 supporting BookFest of the Palm Beaches, a
literary festival sponsored by the P.B. County Library Assoc.,and
urging the P.B. County Commissioners and other municipalities
to support Bookfest 94. -City of Lake Worth.
G. Resolution #54 -94 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. -City of West Palm Beach.
H. Resolutions 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.
1. Resolution #3 -94; City of Lake Worth
2. Resolution #53 -94; City of West Palm Beach
I. 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. Resolution #17 -94; City of Lake Worth
2. Resolution #12, 1994; City of Palm Beach Gardens
3. Resolution #41 -94; City of West Palm Beach
Items C. thru I. were made a part of the official record.
X. Public.
A letter from the Place Au Soleil Association, Inc. was noted.
The letter referred to proposed annexation of parcels along Federal
Highway by the City of Delray Beach. The Association requested that the
town go on record with the City of Delray Beach and Palm Beach County
as being in favor of this annexation proposal. In addition, the Association
felt the town should convey to the City of Delray Beach their approval
of the landscaping efforts along Federal Highway and express support for
their efforts in cleaning up along Federal Highway.
XI. Adjournment.
Mayor Koch adjourned the meeting at 11 A.M.
C) Rita L. Taylor, own Clerk