HomeMy Public PortalAbout02/10/1995February 3, 1995
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
/ 1 STREAM ON FRIDAY, FEBRUARY 10, 1995, AT 9:00 A.M., IN THE COMMISSION
\- CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
0
ACFNDA
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call
IV. Minutes.
IX. Correspondence.
A. Request for support for the continuation of the Florida
Inland Navigation District -FIND
A.
Regular Commission Meeting held January 13, 1995.
B.
Public Hearing held by the Commission on January 13, 1995.
C.
Public Hearing held by the LPA on January 30, 1995.
D.
Public Hearing held by the Commission on January 30, 1995
V.
Additions, withdrawals, deferrals, arrangement of agenda items.
VI.
Announcements.
A.
Regular Commission Meeting to be held on March 10, 1995 at 9 A.M.
B.
Regular Commission Meeting for April, 1995 to be determined.
VII.
Reports.
A.
Town Manager
B.
Town Attorney
C.
Architectural Review and Planning Board
1. Meeting to be held on February 22, 1995
D.
Finance Director
1. Financial Report for January, 1995
2. Addendum Letter to Audit for 1993 -1994 from Ernst & Young
E.
Police Report for January, 1995
F.
Construction in Progress in January, 1995
VIII.
Items for Commission Action.
A.
Award of Bid for Intracoastal Waterline Crossing
B.
Retroactive Appointments for the ARPB
1. 3 Regular Members
2. 2 Alternates
C.
Resolutions
1. 95 -1; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, FLORIDA, ESTABLISHING FEES FOR THE PROCESSING
OF APPLICATIONS FOR DEVELOPMENT APPROVAL; PROVIDING FOR THE
RECOVERY OF DIRECT COSTS ASSOCIATED WITH THE PROCESSING OF
SAID APPLICATIONS; PROVIDING FOR A WAIVER OF SUCH FEES
AND EXPENSES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
2. 95 -2; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, FLORIDA, ESTABLISHING DEADLINES FOR THE SUBMIT-
TAL OF APPLICATIONS FOR DEVELOPMENT APPROVAL; PROVIDING
FOR AN EXEMPTION TO SAID DEADLINES; PROVIDING FOR A WAIVER
OF SAID DEADLINES; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
D.
Items by Commissioners
IX. Correspondence.
A. Request for support for the continuation of the Florida
Inland Navigation District -FIND
AGENDA CONTINUED
X. Public.
XI. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE
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.
MINUTES OF THE REGULAR MEETING HELD BY THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM ON FRIDAY, FEBRUARY 10, 1995, 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 Armour led the Pledge of
Allegiance.
III. Roll Call.
Present and William F. Koch, Jr. Mayor
participating: Alan I. Armour Vice Mayor
James E. Cross Commissioner
A. Curtis True, M.D. Commissioner
Kathleen S. Wallace Commissioner
Also present & E. Scott Harrington Town Manager
participating: John Randolph Town Attorney
Rita Taylor Town Clerk
William Gwynn Finance Director
Joan Orthwein Chairman of ARPB
Jerry David Shalloway Engineering
IV. Minutes.
A. Regular Commission Meeting held January 13, 1995.
B. Public Hearing held by the Commission on January 13, 1995.
C. Public Hearing held by the LPA on January 30, 1995.
D. Public Hearing held by the Commission on January 30, 1995.
Commissioner Cross moved and Commissioner Tree seconded that the above
listed minutes 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 that item VIII.A. be heard at this
time. There was no objection to this request.
VIII.A. Award of Bid for Intracoastal Water-Line Crossing
Mr. Harrington explained that three bids had been received for the
installation of the 12" water line crossing of the Intracoastal Waterway
as follows: 1) Foster Marine Contractors, Inc., $147,788.00; 2) Pledger,
Inc., $137,820.00; and 3) Intercounty Engineering, Inc., $108,782.00.
He then asked Jerry A. David, the project engineer, to present his recom-
mendation. Mr. David advised that he was recommending the low bid of
$108,782.00 from Intercounty Engineering, Inc. as he had investigated
this company and the work they had done for others and found them to
be reliable. He explained the great spread in the bids was due to one
of the other companies marking up the cost of the sub - contractor for
the boring and inflating-the cost -of 'ductile iron pipe per .foot.
The engineer' went on to advise that, the bidder had included,:j .
proof of insurance and a bid bond but at the time of the award of the
bid, the insurance would be checked again and a performance bond obtained.
Mr. David stated the project is expected to extend over a 45 day period,
and that the sub - contractor for the boring has had a great deal of experience
in this type of work.
Commissioner Armour moved and Commissioner True seconded that the bid be
awarded to Intercounty Engineering, Inc. in the amount of $108,782.00
provided all insurance and bonds are valid and in place. Roll Call:
Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE,
and Mayor Koch; AYE.
Regular Meeting -Town Commission
February 10, 1995 page 2
Town Manager Harrington then called attention to an estimate from Harvel
Utility Construction, Inc. in the amount of not to exceed $6,500 to
cover their representation of the Town during the construction period.
He explained that it is not expected that the cost will be this high and
Mr. Harvel will be paid his usual hourly rate which fluctuates with the
amount of manpower and equipment that is necessary. He further explained
that it is customary for Town's to have an employee from the utility
departmant to monitor the project as they will be maintaining the instal-
lation in the future. In that Mr. Harvel handles the utility work for
the Town in the absence of having a utility department, Mr. Harrington
believed it necessary to have Mr. Harvel to monitor. Mayor Koch did not
believe it necessary to have Mr. Harvel involved in that the engineer
would be making inspections and there would be record drawings of the
project to which Mr. Harvel could refer in the future when necessary.
When asked by Mr. Harrington to comment, Mr. David stated it was customary
for the Town to have a representative involved but that his firm would
be inspecting the project periodically to insure that it is properly
installed.
Mr. Harrington pointed out that so
project have been less costly than
the insurance of having Mr. Harvel
which he believed would be more in
would like to have the extra cushii
problem arose.
far, all
anticipa
involved
the area
:)n in the
aspects of the proposed
Led and estimated and he felt
would be well worth the cost,
of $3,000 to $3,5000,but he
event some unanticipated
Commissioner True moved and Commissioner Wallace seconded that funds be
authorized for Mr. Harvel to monitor the project in an amount not to
exceed $5,000.00. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE. Comm.
Armour questioned who would be authorizing the various visits and functions
of Mr. Harvel and Mr. Harrington advised that only he would do this. The
Roll Call continued with Comm. Armour voting AYE, Comm. True; AYE, and
Mayor Koch; NAY.
VI. Announcements.
A. Regular Commission Meeting to be held on March 10, 1995 at 9 A.M.
Mayor Koch made this announcement.
B. Regular Commission Meeting for April, 1995 to be determined.
Town Manager Harrington explained that the date for the April meeting,
April 14, 1995 falls on Good Friday and the Town Hall is closed that day.
He asked that an alternate date be selected, advising that he expects to
be attending an out of state conference that commences on Sat., April 8,
1995. It was unanimously decided that the Regular Meeting would be
held on Friday, April 7, 1995 at 8:30 A.M.
VII. Reports.
A. Town Manager
There was no report from the Town Manager.
B. Town Attorney
There was no report from the Town Attorney.
C. Architectural Review and Planning Board
1. Meeting to be held on February 22, 1995
Joan Orthwein, Chairman of the ARPB advised the date of the
meeting and added that there is nothing further to report.
D. Finance Director
1. Financial Report for January, 1995
Regular Meeting -Town Commission
February 10, 1995 page 3
Mr. Gwynn reported that a check for $75,000 for ad valorem taxes had been
received on February 2 and is not reflected on the January financial
report. He further reported that three treasury bills had been purchased
for periods of 90 days, 6 months and 12 months with most of the balance
that is shown in General Fund Invested Funds section of the financial
report. In referring to the Monthly Budget Projection, he noted that
$11,476 more had been collected in revenues to date than projected and
there had been $14,546 less expended to date than projected. He further
reported that a payment had been made to Sun Bank to prepay the June
bond obligation. Commissioner Armour moved and Commissioner Wallace
seconded that the report be approved a presented. Roll Call: Comm.
Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and
Mayor Koch; AYE.
2. Addendum Letter to Audit for 1993 -1994 from Ernst & Young.
Mr. Gwynn called attention to the addendum letter that confirmed the
annual report for the fiscal year ended September 30, 1994 that is
required to be filed with the Department of Banking and Finance is in
agreement with the audited general purpose financial statements.
E. Police Report for January, 1995
Town Manager Harrington presented the report in the absence of Chief
Schultz who was out of town. He noted that a new officer, Jan Hansen,
had been hired and that 4 officers had assisted the Manalapan Police
Dept. with VIP security under a mutual aid agreement during the visit
of First Lady Hillary Clinton at an Israeli Fund Drive held at the Ritz -
Carlton.
F. Construction in Progress in January, 1995
The report revealed there to be $7,314,208 worth of construction in
progress in the month of January.
VIII. Items for Commission Action.
A. Award of Bid for Intracoastal Waterline Crossing
This item was considered earlier on the agenda.
B. Retroactive Appointments for the ARPB
1. 3 Regular Members
2. 2 Alternates
Town Manager Harrington explained that the terms of Mrs. Souder, Mr. McGraw,
and Mr. Ogren have expired as regular members on the ARPB. He further
advised that the alternate terms for Mrs. Hvide and Mr. Hopkins have also
expired. Mr. Harrington stated that under the new provisions of the
Design Manual and Zoning Code Changes, an architect is no longer required
to serve as a member of the ARPB. In view of this, Mr. Ogren would no
longer be eligible for membership. In addition, Mr. McGraw has advised
he will not be available to serve another term and the same is true of
Mrs. Hvide. Mr. Harrington advised that Mrs. Souder is willing to serve
another term as is Mr. Hopkins. Mr. Harrington went on to report that
three members of the Zoning Code Task Force are also willing to serve
on the ARPB. Those are Sara Winston, Fritz Devitt, and Howard Wilson.
The Commissioners were in agreement that it would be beneficial to have
those involved with the Task Force serve on the ARPB as they are familiar
.with the new Design Guidelines Manual.
Commissioner Wallace nominated the following for appointment to the ARPB
for a three year term that commenced in March, 1994: Susanna Souder,
Robert Hopkins, Fritz Devitt, Howard Wilson, and Sara Winston. There
were no other nominations. A vote was taken to determine the Regular
Member status and the Alternate Member status. The result was as follows:
Regular Meeting -Town Commission
February 10, 1995 page 4
Regular Members; Susanna Souder, Fritz Devitt, and Howard Wilson. The
Alternate Members elected were Robert Hopkins and Sara Winston. Mr.
Harrington explained that they would be seated for the March meeting of
the ARPB.
C. Resolutions
1. 95 -1; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
C GULF STREAM, FLORIDA, ESTABLISHING FEES FOR THE PROCESSING
OF APPLICATIONS FOR DEVELOPMENT APPROVAL; PROVIDING FOR THE
RECOVERY OF DIRECT COSTS ASSOCIATED WITH'THE PROCESSING OF
SAID APPLICATIONS; PROVIDING FOR A WAIVER OF SUCH FEES
AND EXPENSES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
Commissioner Wallace noted that the fees will only partially off -set the
costs of Town staff time and related overhead expenses. She believed
that all of the expense should be paid by the applicant rather than having
the taxpayer subsidize something for which he receives no benefit. Mr.
Harrington advised there are some additional funds received from building
permits for a project but he had not had an opportunity to analyze how
much this would contribute to off -set costs. He added that he was anxious
to get fees on record as there are no fees established yet as a result
of the changes that were made at the end of January to the Code. He
stated that by providing them in a Resolution, it would be a simple matter
to change them as the need arose. He advised that he would do an analysis
of the costs involved in an application within the next few months and
added that the fees he is recommending in the Resolution at this time are
less than are charged by most municipalities. Commissioner Armour moved
and Commissioner True seconded that Resolution No. 95 -1 be adopted. Roll
Call: Comm. Wallace voted AYE with the condition that a cost analysis
be completed as stated by Mr. Harrington with new costs to be implemented
by Resolution at that time. The Roll Call continued with Comm. Cross
voting AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE and
all qualifying their vote with the same condition as stated by Comm. Wallace.
2. 95 -2; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, FLORIDA ESTABLISHING DEADLINES FOR THE SUBMIT-
TAL OF APPLICATIONS FOR DEVELOPMENT APPROVAL; PROVIDING
FOR AN EXEMPTION TO SAID DEADLINES; PROVIDING FOR A WAIVER
OF SAID DEADLINES; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
Commissioner Cross moved and Commissioner Wallace seconded that Resolution
No. 95 -2 be adopted. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE,
Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
D. Items by Commissioners
Commissioner Armour asked Mr. Harrington to once again explain about the
ICTEA Grant for landscaping the rights -of -way along AlA. Mr. Harrington
explained that there is $280,000 to be prioritized and that funds would
not be available for approximately 2 years. He added that there is the
possibility that this is one of the programs that may be cut from the
budget, in which case, there would be no funding for anyone under this
program.
Mayor Koch reported that the Legislative Bill to permit Gulf Stream
to replant Australian Pine along AlA is once again to be considered in
this legislative session and is being sponsered by Representative Andrews
and Senator Rossin.
Regular Meeting -Town Commission
February 10, 1995
page 5
IX. Correspondence.
A. Request for support for the continuation of the Florida
Inland Navigation District -FIND
This request was duly noted and no action was taken.
X. Public.
There was no comment from the public.
XI. Adjournment.
Mayor Koch adjourned the meeting on a motion to do so made by
Commissioner Armour which was seconded by Commissioner Wallace with all
voting in the affirmative at 10:10 A.M.
Pwn Clerk
NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL
NOTICE IS HEREBY GIVEN that the Architectural Review and Planning
Board of the Town of Gulf Stream will hold a meeting on Wednesday,
February 22, 1995 at 9:00 A.M., and the Town Commission will hold a meeting
on Friday, March 10, 1995, at 9:00 A.M., both in the Commission Chambers
of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the follow-
ing will be considered:
An application for a North Ocean Boulevard Landscape Disturbance
Permit, Land Clearing Plan Review and Level III Architectural/
Site Plan Review, submitted by Terence Cudmore, as Agent for
Robert and Alva Craft who are contract purchasers of a parcel
of land with 100' frontage on State Road AlA that is owned by
William and Gail Bradbury, which is located at 1357 N. Ocean
Blvd. and legally described as the south 50 feet of Lot 4 and
the north 51 feet of Lot 5, Revised Plat of Blocks D & E of
Palm Beach Shores Acres subdivision, to permit construction
of a two story, single family dwelling of approximately 8,761
square feet and other site improvements.
The Architectural Review and Planning Board shall make a recommendation
to the Town Commission, and the Town Commission shall make a final
decision regarding the subject application at their respective meetings
noticed above. These meetings may be adjourned from time to time and
place to place as may be necessary to hear all parties and evidence.
Complete application materials are on file in the office of the Town
Clerk located at 100 Sea Road, Gulf Stream, Florida 33483 and may be
reviewed during regular business hours which generally include non -
holiday weekdays from 9:00 A.M. to 4:00 P.M.
ALL PARTIES INTERESTED IN THIS MATTER may appear before the
Architectural Review and Planning Board and the Town Commission of the
Town of Gulf Stream at the times and place aforesaid and be heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE
ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT
TO ANY MATTER CONSIDERED AT THESE MEETINGS, 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.
Dated: February 14, 1995
TOWN OF GULF STREAM, FLORIDA
/)tom X41
Rita L. Taylor, fown Clerk
NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL
NOTICE IS HEREBY GIVEN that the Architectural Review and Planning
Board of the Town of Gulf Stream will hold a meeting on Wednesday,
February 22, 1995 AT 9:00 A.M., and the Town Commission will hold a meeting
on Friday, March 10, 1995, at 9:00 A.M., both in the Commission Chambers
of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the follow-
ing will be considered:
An application for a Special Exception and a Level III Architectural/
Site Plan Review, submitted by Michael Steffens, as Agent for
Robert and Caron Dockerty, 3000 N. Ocean Blvd., Gulf Stream,
Florida 33483 to permit the construction of an open -air breezeway,
which would connect the rear of the existing residence to the
recently approved cabana /garage structure, and would match an
existing non - conforming south side yard setback of approximately
13 foot at the address stated herein that is described as a
portion of Lots 40 and 41, Gulf Stream Properties subdivision
The Architectural Review and Planning Board shall make a recommendation
to the Town Commission, and the Town Commission shall make a final
decision regarding the subject application at their respective meetings
noticed above. These meetings may be adjourned from time to time and place
to place as may be necessary to hear all parties and evidence.
Complete application materials are on file in the office of the Town Clerk
located at 100 Sea Road, Gulf Stream, Florida 33483 and may be reviewed
during regular business hours which generally include non - holiday weekdays
from 9:00 A.M. to 4:00 P.M.
ALL PARTIES INTERESTED IN THIS MATTER may appear before the
Architectural Review and Planning Board and the Town Commission of the
Town of Gulf Stream at the times and place aforesaid and be heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE
ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT
TO ANY MATTER CONSIDERED AT THESE MEETINGS, 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.
Dated: February 14, 1995 TOWN OF GULF STREAM, FLORIDA
Rtl /'�;Z k
Rita L. Taylcit, Town Clerk