HomeMy Public PortalAbout08/12/1994August 5, 1994
MAYOR: William F. Koch, Jr.
VICE MAYOR: Alan I. Armour
COMMISSIONER: James E. Cross
A. Curtis True, M.D.
Kathleen S. Wallace
REGULAR MEETING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM ON FRIDAY, AUGUST 12, 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 & Public Hearing of July 8, 1994.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meeting Seotember 9, 1994 (Friday) at 4!00 P.M.
B. Budget Hearing September 9, 1994 (Friday) at 5:01 P.M.
C. Budget Hearing September 21, 1994 (Wednesday) at 5:01 P.M.
D. Regular Meeting October 14, 1994 (Friday) at 9:00 A.M.
VII. Applications for Development Approval.
A. Steven J. Rooney & Gail A. Queeney, 930 Emerald Row, Gulf
Stream, Florida 33483.
1. SITE PLAN REVIEW- to permit installation of a wooden dock
and boat lift at above listed address.
B. Howard Montgomery, Boca Dock & Seawall, Inc., as Agent for
Henry Mellon, 4 Driftwood Landing, Gulf Stream, Fl. 33483.
1. SITE PLAN REVIEW- to permit removal of existing 40' long
dock and installation of a 70' long dock and 3 dolphin
pilings at the address listed above.
VIII. Reports.
A. Town Manager
n 1. Water Line Update
B. Town Attorney
C. Architectural Review and Planning Board
1. No August, 1994 meeting.
D. Finance Director
1. Monthly Budget Projection -June, 1994
2. Financial Report for July, 1994
E. Police Report for July, 1994
F. Construction in Progress in July, 1994
IX. Items for Commission Action.
A.
Interlocal Agreement for the Delivery of Municipal Solid
Waste to a Designated Facility -Solid Waste Authority
B.
Resolution #94 -8; A Resolution of the Town Commission of the
Town of Gulf Stream, Requesting a Pro -rata Share of the
County Emergency Medical Service Surcharge Award Program
Funds for the City of Delray Beach.
C.
Ordinance #94/1; An Ordinance Of The Town Commission Of The
Town Of Gulf Stream, Palm Beach County, Florida, Amending
Chapter 10 of The Town Code Of Ordinances Relating To
Businesses, Professions And Occupations, At Article I,
Section 10 -1, Increasing The Annual Occupational Registration
Fee; Providing For Severability; Providing For Repeal Of
Ordinances In Conflict; Providing For Codification; Providing
An Effective Date. (1st Reading)
D.
Items by Commissioners
AGENDA CONTINUED
X. Correspondence.
A. Resolution supporting the continuation of Congestion
Mitigation and Air Quality (CMAQ) funding for air
quality maintenance areas -Palm Beach County Municipal League
B. Resolution No. 52 -94 in opposition to casino type gambling
in the State of Florida -City of Delray Beach
C. Letter requesting that presentations of all sides to the
issue of proposed casino gambling in Florida be made prior
to the Town taking a position on the issue - Florida Locally
Approved Gaming.
XI. Public.
XII. 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, AUGUST 12, 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. Commissioner Ax
Allegiance.
III. Roll Call.
Present and William F. Koch, Jr.
Participating: Alan I. Armour
James E. Cross
A. Curtis True, M.D.
Kathleen S. Wallace
mour led the Pledge of
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Also Present & E. Scott Harrington Town Manager
Participating: Scott Hawkins Assistant Town Attorney
Rita Taylor Town Clerk
William Gwynn Finance Director
Robert Ori Water Rate Consultant
Charles Russell Town Resident
IV. Minutes. Commissioner Wallace pointed out that at the beginning of
the last paragraph on page 3, reference is made to Mr. Orthwein when
in fact it shoud read Mrs. Orthwein. The Town Clerk assured that this
would be corrected. With that, Commissioner Armour moved and Commissioner
Wallace seconded that the minutes of the Regular Meeting and Public Hearing
of July 8, 1994 be approved as corrected. Roll Call: Comm. Wallace; AYE,
Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
V. Additions, withdrawals, deferrals, a
There were no changes in the agenda.
VI. Announcements.
of agenda items
A. Regular Meeting September 9, 1994 (Friday) at 4:00 P.M.
B. Budget Hearing September 9, 1994 (Friday) at 5:01 P.M.
C. Budget Hearing September 21, 1994 (Wednesday) at 5:01 P.M.
D. Regular Meeting October 14, 1994 (Friday) at 9:00 A.M.
These announcements were made by Mayor Koch. Town Manager Harrington
advised that it would be necessary to hold two meetings after 5 P.M.
to consider the annexation of the F.I.N.D. property north of Place Au
Soleil and he had intended to do this at the two budget meetings. However,
it may not be possible to do so in that F.I.N.D. is holding their hearing
on the matter on September 9, 1994 also. Mr. Harrington advised that it
may be necessary to hold the October 14, 1994 meeting at 4 P.M. in order
to have the annexation matter at 5:01 P.M. or to call a special meeting
on some other date after 5 P.M. He assured the Commissioners that he
would advise them as soon as he had spoken to the officials of F.I.N.D.
VII. Applications for Development Approval.
A. Steven J. Rooney & Gail A. Queeney, 930 Emerald Row, Gulf
Stream, Florida 33483.
1. SITE PLAN REVIEW -to permit installation of a wooden dock
and boat lift at the above listed address.
Town Manager Harrington explained the request in the absence of the
applicant. He advised that the proposed dock and boat lift meet the
provisions of the code but that the applicant has requested that they be
given the option of changing the two -level design to have it be one
level if they so choose. He added that the ARPB recommended that the
Regular Meeting -Town Commission
August 12, 1994
page 2
site plan be approved as submitted with the option of changing the design
to one level if they so choose. Commissioner Armour moved and Commissioner
Wallace seconded that site plan and the option to change the design to
one level if the applicant chooses be approved as recommended by the ARPB.
Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm.
True; AYE, and Mayor Koch; AYE.
C Mayor Koch then passed the gavel to Vice Mayor Armour, declaring a conflict
in that his firm had participated in the sale of the property in connection
with the next item.
B. Howard Montgomery, Boca Dock & Seawall, Inc., as agent for
Henry Mellon, 4 Driftwood Landing, Gulf Stream, F1. 33483.
1. SITE PLAN REVIEW -to permit removal of existing 40' long
dock and installation of a 70' long dock and 3 dolphin
pilings at the address listed above.
Inasmuch as Mr. Montgomery was not present, Mr. Harrington explained that
the proposed dock would be constructed of wood but that the pilings for
the dock would be concrete with the upper portion encased in wood to
match the dock. He advised the dolphin pilings would be wood, single
piles, with a metal cap. He further explained that the existing dock was
beyond repair and does encroach into the setback. The new dock will meet
all code requirements even though it is longer. The Town Manager advised
that the ARPB recommended that the Site Plan be approved as requested.
Commissioner Wallace moved and Commissioner True seconded that the site
plan be approved as requested and recommended by the ARPB. Roll Call:
Comm. Wallace; AYE, Comm. Cross; AYE, Comm. True; AYE, and Vice 'Mayor
Armour; AYE. Vice Mayor Armour returned the gavel to Mayor Koch.
VIII. Reports.
A. Town Manager
1. Water Line Update
Mr. Harrington reported that the engineers are moving forward with the
permitting process for the construction of the Intracoastal Waterline
Crossing. He further advised that a Water Rate Consultant has been hired
and will appear at this meeting. Mr. Harrington stated that_.Mr.%Rbbett
Ori of Public Resources Management Group, Inc. comes highly recommended•
and will act as primary contact in a joint venture with DUS Consultants, Inc.
on this project. He then asked Mr. Ori to make a brief presentation.
Mr. Ori expressed his appreciation at being chosen and advised he would
have a budget for fiscal year 1994 -1995 prepared for adoption in September,
1994. Mr. Ori said that he understood that the Town received no revenue
in the water fund except for water consumption fees. He advised that he
would prepare a rate structure for water consumption but would also
include charges for certain other services related to the water system
which may tend to reduce rates in certain areas. Mr. Ori stated he will
prepare a rate structure to encourage water conservation but that the
first priority will be to generate revenues sufficient to operate the
system and pay the principal and interest on the debt.
Commissioner Armour questioned if
rate schedule or several choices.
two or three different plans from
added that some direction will be
Mr. Ori spending a considerable ai
be acceptable.
Mr. Ori would be submitting only one
Mr. Ori replied that he would submit
which to choose. Town Manager Harrington
sought from the Commission prior to
nount of time on a plan that might not
Regular Meeting -Town Commission
August 12, 1994 page 3
B. Town Attorney
There was no report from the attorney.
C. Architectural Review and Planning Board.
1. No August, 1994 meeting.
The Town Manager announced that there would be no August meeting.
D. Finance Director
1. Monthly Budget Projection -June, 1994
Commissioner Armour moved and Commissioner Wallace seconded that the June
Report be approved as presented and all voted AYE.
2. Financial Report for July, 1994.
Commissioner True moved and Commissioner Wallace second that the July,
1994 Financial Report be approved as presented and all voted AYE.
E. Police Report for July, 1994.
Mayor Koch reported that the annumal Hurricane Disaster Meeting had been
held and the same program as was used last year would be implemented again
if necessary.
F. Construction in Progress in July, 1994.
The report revealed there to be $6,791,979 worth of construction in progress
in the month of July, 1994.
IX. Items for Commission Action.
A. Interlocal Agreement for the Delivery of Municipal Solid Waste
to a Designated Facility -S_olid Waste Authority.
Town Manager Harrington explained that the courts had ruled that the Solid
Waste Authority did not have a right to mandate that solid waste be taken
to their facility. Inasmuch as revenue bonds had been issued to cover the
cost of the new facility with the expectation that revenues would be
generated from the products of the facility to repay the loan, it now
becomes necessary to insure that an adequate amount of solid waste is
delivered to the facility so the products can be generated. Interlocal
Agreements from the municipalities agreeing to use the facility provides
this assurance, he said. Commissioner Armour moved and Commissioner
True seconded that the Interlocal Agreement be approved and that the Mayor
and Town Clerk be authorized to execute same. Roll Call: Comm. Wallace;
AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor
Koch; AYE.
B. Resolution #94 -8; A Resolution of the Town Commission of the
Town of Gulf Stream, Requesting a Pro -rata Share of the County
Emergency Medical Service Surcharge Award Program Funds for
the City of Delray Beach.
Commissioner Armour moved and Commissioner True seconded that Resolution
#94 -8 be adopted. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm.
Armour; AYE, Comm. True; AYE, and Mayor Koch; NAY. Mayor Koch explained
the he voted NAY because he was opposed to any money being provided for
Cthe program as a whole. While othersagreed with him on this point, Comm.
Armour pointed out that the money was already appropriated and the Town
may as well have their share as to turn it back to the County as unclaimed.
C. Ordinance #94/1; An Ordinance Of The Town Commission Of The
Town Of Gulf Stream, Palm Beach County, Florida, Amending
Chapter 10 of the Town Code of Ordinances Relating To Section
10 -1, Increasing The Annual Occupational Registration Fee;
Providing For Severability; Providing For Repeal Of Ordinances
In Conflict; Providing For Codification; Providing An Effective
Date. (1st Reading)
Commissioner True moved and Commissioner Cross seconded the approval of
Ordinance #94 -8 on first reading. Roll Call: Comm. Wallace; AYE, Comm.
Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
Regular Meeting -Town Commission
August 12, 1994 page 4
D. Items by Commissioners.
Commissioner Armour requested that the matter of the complaint from Mr.
Russell regarding the storm water conditions at 970 Orchid Lane be addres-
sed at this time. Mr. Russell explained that he is at the end of the cul-
de -sac and all of the storm water drains to a low spot in front of his
property. He requested that a catch basin be installed at this point.
Town Manager Harrington reported that he had had an engineer review this
and there could be a catch basin installed that would connect with others
in the vicinity or a pipe could be run from a new basin to the Intracoastal.
Mr. Harrington stated that of the 2 choices, connecting to an existing
basin would be preferrable. The cost would be approximately $7,000 and
Mr. Harrington felt this to be excessive for the problem that exists. He
further reported that another alternative would be to install swales on
the rights -of -way, which would be much less costly. Mr. Harrington
stated he had discussed this with the President of the Place Au Soleil
Association, Mr. Lynch, and asked him to discuss this possibility with
his board members. The Town Manager said that Mr. Lynch reported that
inasmuch as many residents had landscaped to the edge of the pavement,
his board did not feel that the property owners would want that torn up
and kept clear for a swale. Commissioner Armour stated he had observed
this problem recently and he felt like a solution would be to install a
swale around the cul- de -sak at the end of Orchid Lane. Mr. Russell did
not believe this would solve the problem. Commissioner Armour then
suggested that Mr. Harrington coordinate a meeting at the site of the
problem during a rain to get a clear picture of what is happening. The
other Commissioners agreed to this suggestion and so directed.
X. Correspondence.
A. Resolution supporting the continuation of Congestion
Mitigation and Air Quality (CMAQ) funding for air quality
maintenance areas -Palm Beach County Municipal League.
B. Resolution No. 52 -94 in opposition to casino type gambling in
the State of Florida -City of Delray Beach
C. Letter requesting that presentations of all sides to the issue
of proposed casino gambling in Florida be made prior to the
Town taking a position on the issue - Florida Locally Approved
Gaming.
The above correspondence was made a part of the record following which
Commissioner Cross moved and Commissioner Wallace seconded that the staff
prepare a Resolution similar to that of the City of Delray Beach opposing
casino type gambling in the State of Florida for consideration at the
next meeting. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm.
Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
CJ Town Manager Harrington questioned if the Commission wanted to have it's
position on Casino Type Gambling in Florida included in the next issue of
Currents, to which the Commission replied in the affirmative.
XI. Public.
There was no comment from the public.
XII. Adjournemnt.
Mayor Koch adjourned the meeting at 10:00 A.M.
�" ' i^
Rita L. Taylor, To Clerk
FORM 813 MEMORANDUM OF VOTING CONFLICT F-OR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I \sl \ \II IIH�1 �\ \II At111Ull MAtl NA\II 01- IH1AHn.(UUN('ll- ('(lMM1.ti.NlON. A I WHIM OK IIM 1,11 III I
KOCH, WILLIAM F., JR. Town Commission
\I \II INI• \ttUHI �; I tt1 aQAHI1. COItN('14 ('OMMISSIO, %. ACI HUHII )' OH COMMIT If I IN
N 11101 1 51'H\'F IN A UNIT OF.
545 GolfvieW Drive tX (•nv D COUNTY 0 O't)IER LOCAL AOFN(')
Gulf Stream Florida 33483 Town of Gulf Stream
1 ON u III('II \UI 111CCI HKF) MY 110SIl InN LS:
AnQust 12, 1994 1 EX ELECTIVE 0 APV01N11\'r
WHO MUST FILE FORM 813
Thi, form I. G,r use by am person scr in,_ at the county. cite, or othe: local le\el of go\'ernmcnt on an a, pointcu m L:Lmcd hoard.
council. commission, authority, or committee. It upplic, equally' to members of advisor' and non - advisor bodies a ho are presented
%%ith a votine conflict of interest under Section 112.3143. Florida Statutes.
Your responsibilities under the la\\ when faced with a measure in which you have a conflict of interest hill %ar greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A parson holding elective county, municipal. or other local public office MUST ABSTAIN from \otin_• on a mea;ur: which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure )shich inure, to the special
gain of a p.^.ncipal (other than a government agency) by whom he is retained.
In either case. you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembh' the nature of your interest in the measure on
which you are abstaining from voting: and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
^I PPOINTED OFFICERS:
person holding appointive county, municipal, or other local public office MUST ABSTAIN from \oting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure \\hich inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, \\hethcr
-made b\ the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
• 1'ou should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes 'ofthe meeting, who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, William F. Koch, Jr. , hereby disclose that on August 12, 1994
(a) .4 measure came or will come before my agency which (check one)
*iurcd to ntN special private gain; or
inured to the special gain of
(b) The measure before my agency and the nature of my interest in the measure is as follows:
Approval of a site plan
pilings was requested by
the Town of Gulf Stream.
Inasmuch as the firm of
participated in the sale
it necessary to declare
5 -12 -94
Date Filed
19
by whom I am retained.
to permit construction of a dock and dolphin
Henry Mellon for 4 Driftwood Landing in
Koch Realty, with which I am associated,
of this property to Mr. Mellon, I felt
a conflict.
&/Z& f �� "I I
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Commission of the Town
of Gulf Stream, Florida, at a public hearing to be held on Friday,
September 9, 1994, at 4:00 P.M. in the Commission Chambers of the
Town Hall, 100 Sea Road, Gulf Stream, Florida, will have on the
agenda the adoption of the following:
ORDINANCE NO. 94/1: AN ORDINANCE OF THE TOWN COMMISSION
OF THE TOWN OF GULF STREAM, PLAM BEACH COUNTY, FLORIDA,
AMENDING CHAPTER 10 OF THE TOWN CODE OF ORDINANCES RELATING TO
BUSINESSES, PROFESSIONS AND OCCUPATIONS, AT ARTICLE I,
SECTION 10 -1, INCREASING THE ANNUAL OCCUPATIONAL REGISTRATION
FEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING
AN EFFECTIVE DATE.
The proposed ordinance noticed here is available to the public in the
Office of the Town Clerk in Town Hall, 100 Sea Road, Gulf Stream,
Florida.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE
TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THE 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 PROCE-
EDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S.
Dated: August 15, 1994
Publish: Palm Beach Post
Date of Publication: August 30, 1994
TOWN OF GULF STREAM, FLORIDA
Rita L. Taylor, r wn Clerk
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