HomeMy Public PortalAbout04/07/1995March 31, 1995
MAYOR: William F. Koch, Jr.
VICE MAYOR: Alan I. Armour
COMMISSIONER: James E. Cross
A. Curtis True
t ' Kathleen S. Wallace
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION/
BOARD OF ADJUSTMENT OF THE TOWN OF GULF STREAM ON FRIDAY, APRIL 7, 1995
AT 8:30 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. Special, Joint Meeting with ARPB of March 10, 1995
B. Regular Meeting of March 10, 1995
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meeting to be held on May 12, 1995 at 9:00 A.M.
VII. PUBLIC HEARING -Board of Adjustment (Continued from March 10, 1995)
A. Terence Cudmore, as agent for Robert & Alva Craft, contract
purchasers of a parcel of land with 100' frontage on State
Road AlA that is presently owned by William & Gail Bradbury,
and located at 1357 N. Ocean Blvd., legally described as the
north 101' of parts of Lots 4 & 5, Block D, Revised Plat of
Blocks D & E of Palm Beach Shores Acres subdivision.
1. AIA VEGETATIVE DISTURBANCE PERMIT -To permit construction
of a driveway entrance onto the property from State Road AlA.
VIII. Reports.
A. Town Manager
1. Update on Intracoastal Water Line Crossing
2. Quasi - Judicial Development Review Process
a. Applications
b. Notice
C. Review Standards
d. Staff Report
e. Site Visits
f. Use of, and Advise from, Outside Professionals
g. Public Hearings
(1) Swearing -in
(2) Presentations by Applicant
(3) Comments by Staff
(4) Comments by Outside Professionals
(5) Public Comment
(6) Final Remarks by Applicant
(7) Executive Session
(8) Cross - examination
(9) Role of the Chair
h. Fact Finding
i. Motions
B. Town Attorney
AGENDA CONTINUED
VIII. Reports Continued.
C. Architectural Review and
1. Regular Meeting to b
D. Finance Director
1. Financial Report for
E. Police Report for March,
F. Construction in Progress
March 31, 1995
Planning Board
held on April 26, 1995 at 9 A.M.
March, 1995
1995
in March, 1995
IX. Items for Commission Action.
A. Resolutions of Appreciation to Retiring Members of the ARPB
1. #95 -3; Donald McGraw
2. #95 -4; Samuel Ogren
3. #95 -5; Betsy Hvide
B.' Items by Mayor and Commissioners
X. Correspondence.
A. Resolution No. 23 -95; Supporting legislation pending before
the U.S. Congress to reform the Safe Drinking Water Act- City
of Delray Beach
XI. Public.
XII. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE COMMIS-
SION /BOARD OF ADJUSTMENT 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 AND PUBLIC HEARING HELD BY THE TOWN COM-
MISSION /BOARD OF ADJUSTMENT OF THE TOWN OF GULF STREAM ON FRIDAY, APRIL
7, 1995, AT 8:30 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 8:30 A.M.
II. Pledge of Allegiance. Commissioner Armour led the Pledge of
Allegiance.
CIII. Roll Call.
Present and William F. Koch, Jr. Mayor
participating: Alan I. Armour Vice Mayor
James E. Cross Commissioner
A. Curtis True Commissioner
Kathleen S. Wallace Commissioner
Also Present & E. Scott Harrington Town Manager
participating: John Randolph Town Attorney
Rita Taylor Town Clerk
Robert Schultz Police Chief
Joan Orthwein Chairman of ARPB
IV. Minutes.
A. Special, Joint Meeting with ARPB of March 10, 1995
B. Regular Meeting of March 10, 1995
Commissioner Armour moved and Commissioner Wallace seconded that the
minutes of each of the above meetings 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.
A proposed Interlocal Agreement that would include the Town in the
sharing of the Local Option Gas Tax was added as Item IX.C. Town Manager
Harrington requested that Item VIII.A.2., Quasi - Judicial Development
Review Process be moved to the May, 1995 meeting and there were no object-
ions.
VI. Announcements.
A. Regular Fleeting to be held on May 12, 1995 at 9:00 A.M.
Mayor Koch made this announcement. He further announced that the June
meeting would be held on June 9, 1995 at 9:00 A.M. and that the July
meeting is scheduled for July 14, 1995 at 9:00 A.M. The Mayor added that
it may be necessary to change the date of the July meeting as that would
be the month for the initial budget hearings and these meetings are
usually combined which may make it necessary to select a different date
�- for the July, 1995 meeting.
VII. PUBLIC HEARING -Board of Adjustment (Continued from March 10, 1995)
A. Terrence Cudmore, as agent for Robert & Alva Craft, contract
purchasers of a parcel of land with 100' frontage on State
Road AlA that is presently owned by William & Gail Bradbury,
and located at 1357 N. Ocean Blvd., legally described as
the north 101' of parts of Lots 4 & 5, Block D, Revised Plat
of Blocks D & E of Palm Beach Shores Acres subdivision.
1. AlA VEGETATIVE DISTURBANCE PERMIT -TO permit construction
of a driveway entrance onto the property from State Road AlA.
Mr. Harrington advised that the applicant had been unable to have a design
prepared for this meeting.
Town Commission - Regular Meeting /Public Hearing
April 7, 1995 page 2
Commissioner Armour moved and Commissioner Wallace seconded that this
matter be continued to May 12, 1995 at 9:00 A.M. Roll Call: Comm. Wallace;
AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch;
AYE.
VIII. Reports.
A. Town Manager
C ! 1. Update on Intracoastal Water Line Crossing
Town Manager Harrington reported that a problem had been encountered in
drilling the initial channel across the waterway. He stated that the
equipment used for this had been disabled several times due to having to
drill through several different types of rock. He expected the drilling
to commence again on Monday and was hopeful that the pipe would be pulled
through the opening later next week. He suggested to the Commission that
if they are interested in watching this operation, they should keep in
touch with the Town Clerk next week in order to determine when this would
happen as the engineer would keep the Town Hall informed as to the progress.
2. Quasi - Judicial Development Review Process
This item is to be heard at the meeting of May 12, 1995.
B. Town Attorney
There was no report from the Town Attorney.
C. Architectural Review and Planning Board.
1. Regular Meeting to be held on April 26, 1995 at 9 A.M.
Mr. Harrington reported that there will not be an April meeting as no
development applications had been received prior to the deadline for
submitting same. He added that he did expect at least two applications
for consideration at the May meeting of the ARPB.
D. Finance Director
1. Financial Report for March, 1995
Town Manager Harrington advised that William Gwynn, Finance Director was
unable to attend the meeting and that no report was available due to this
meeting being held so early in the month. He did report that Mr. Gwynn
had advised that there was more money received from the Tax Collector in
the month of March than had been expected and that $25,000 had been drawn
from the authorized construction loan to cover the waterline construction
work that had been done in March.
E. Police Report
Chief Robert Schultz presented his departments monthly statistics and
added that Sgt. Allan has commenced an 80 hour course on Instructors
Training which will qualify him as a state certified police instructor,
making it possible to hold some of the mandatory retraining in- house. He
further reported that he had attended a 1 day training seminar in Coral
i Gables with instructiion given by the FBI National Accademy Associates.
In closing, the Chief reported that Ray Levy had been hired to fill the
tenth pollice officer position, bringing the department to full strength.
F. Construction in Progress in March, 1995
The report stated that there was $7,473,808 worth of construction in
progress in the month of March, 1995.
IX. Items for Commission Action.
A. Resolution of Appreciation to Retiring Members of the ARPB
1. #95 -3; Donald McGraw
2. #95 -4; Samuel Ogren
3. #95 -5; Betsy Hvide
Town Commission - Regular Meeting /Public Hearing
April 7, 1995 page 3
The Town Clerk read the three Resolutions after which Commissioner
Armour moved and Commission Wallace seconded that they be adopted. Roll
Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm.
True; AYE, and Mayor Koch; AYE.
B. Items by Mayor and Commissioners
Mayor Koch stated he felt that a report on the status of pending legislation
in Tallahassee with regard to the Town's Special Act that would permit
the replanting and planting of Australian pines along AlA would be in
order. Mr. Harrington advised that he and C. Way Hoyt, the Town's
Arborist,- hadmade a fast trip to Tallahassee to appear before the
Natural Resources Committee and they had been successful in obtaining
unanimous approval. The bill is expected to be voted on by the full
Senate the end of next week and a favorable vote is expected. He advised
that Senator Rossin, the sponsor, has been very helpful and that he had
talked to Representative Bill Andrews, the Town's House Sponsor, during
which several calls were made to various members of his committee by Mr.
Andrews,andthe Bill passed the Community Affairs - Committee a few days later.
He closed by advising that Eric Hvide_ has made his.lobbyist available to
the Town and that he has been, and continues to be,most helpful.
C. Interlocal Agreement for Local Option Gas Tax
Town Manager Harrington explained that the first agreement for this was
entered into in 1986 and this is the year that a review of the agreement
is required. He advised that the Palm Beach County Municipal League has
been working with the County for an agreement that the current split
of the revenue,with one third being distributed by a formula among- the
municipalities and two thirds going to the County,would be continued
to this new agreement. The proposed agreement contains those provisions,
he said. Commissioner Armour moved and Commissioner Wallace 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.
X. Correspondence.
A. Resolution No. 23 -95; Supporting legislation pending before
the U. S. Congress to reform the Safe Drinking Water Act -City
of Delray Beach.
The Town Clerk read the provisionsof the Resolution and Mayor Koch directed
that a similar Resolution be prepared for consideration at the May meeting.
XI. Public. There was no comment from the public, however, Commissioner
Wallace advised that she would like to make an announcement before
the meeting wasadjourned. She advised that she is extremely pleased
with the state of the Town and felt the Town has an excellent staff helping
to assure that the quality of life in Gulf Stream, that residents are
fortunate to have, continues. She further advised that she is delighted
that the ARPB is off and running with the new Design Manual. Commissioner
Wallace added that her confidence in the Town is so great that she can now
comfortably and happily hang up her Commissioner's hat, She closed
by commenting that there are a number of highly qualified candidates for
her replacement and specifically recommended Joan Orthwein, currently
the Chairman of the ARPB, John McGraw and Eric Hvide, adding that she
would be happly to serve until her replacement is selected.
Town Commission - Regular Meeting /Public Hearing
April 7, 1995 page 4
Mayor Koch and the remaining Commissioners stated they were sorry to
see her leave as she has been a good Commissioner and a great deal has
been accomplished during her tenure.
A discussion was held regarding the matter of selecting a new Commissioner
and it was determined that the selection would be made at this time.
Commissioner Cross nominated Joan Orthwein for the open Commission
C1 position. Commissioner Armour moved that the nominations be closed and
the motion was seconded by Commissioner True. Roll Call: Comm. Cross;
AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE.
Commissioner Armour moved that one unanimous vote be cast for Joan
Orthwein and it was seconded by Commissioner True. Roll Call: Comm.
Cross; AYE, Comm. True; AYE, Comm. Armour; AYE, and Mayor Koch; AYE.
Mayor Koch asked Mrs. Orthwein to step forward and the Town Clerk
administered the Oath of Office.
XII. Adjournment. Mayor Koch adjourned the meeting at 9:15 A.M.
2 / & / a t I , /I/ t -,
Rita L. Taylor, wn Clerk
`)
FWA
NOTICE OF CHANGE OF LAND USE
TO THE CITIZENS OF THE TOWN OF GULF STREAM,
TO ALL PARTIES IN INTEREST AND TO ALL WHOM IT MAY CONCERN:
The Town of Gulf Stream proposes to make the following amendments to
the Future Land Use Element of the Comprehensive Plan:
1) Include as a supplement to the text of the element:
a. an identification of properties in the Town owned by the
Florida Inland Navigation District (FIND) and a general
description of their proposed use as Materials Management Areas;
b. a revision to the Public "P" Future Land Use Category to
include Materials Management Areas as a permitted use; and
C. the incorporation of the Gulf Stream Design Manual and the
generalized findings and goals of the 1994 community character
survey and Gulf Stream Design Manual
2) Amend the Future Land Use Map to assign the Public "P" Future
Land Use Category to certain properties owned by FIND.
3) Completely revise the Goals, Objectives and Policies section of
the element to reflect the items addressed in the supplement and
to provide a general update of the section.
Information regarding the proposed amendments is on file in the Office
of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida and may
be reviewed during regular business hours which generally include non -
holiday weekdays from 9:00 A.M. to 4:00 P.M.
PUBLIC HEARING TO CONSIDER THE PROPOSED AMENDMENTS WILL BE HELD BY THE
TOWN COMMISSION ON MAY 12, 1995 AT 9:00 A.M. IN THE COMMISSION CHAMBERS
IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA 33483.
PLEASE TAKE NOTICE AND BE ADVISED, all persons interested in.these matters
may appear before the Town Commission at the time and place aforesaid and
be heard. if any person decides to appeal any decision made by the
Commission with respect to any matter considered at this meeting, that
person will need a record of the proceedings, and for such purpose, may
need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony upon which the appeal is to be based.
Publish: May 6, 1995
Palm 'each Post
i
TOWN OF GU STREAM, FLORIDA
Rita L. Taylor, own Clerk
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NOTICE OF ZONING CHANGE
THE TOWN OF GULF STREAM proposes to amend the Official Zoning
Map by rezoning two parcels of land owned by the Florida Inland
Navigation District known as MSA 640 & 640A and MSA 641A to "P"
Public Facilities District. Complete legal descriptions for both
of these parcels are on file at the Office of the Town Clerk in
the Town of Gulf Stream.
THE TOWN OF GULF STREAM also proposes to amend the Code of
Ordinances at Chapter 66 Zoning, Division 6. Public Facilities
District, Sec. 66 -292. Permitted uses, to include the following as
a permitted use in the "P" Public Facilities District:
Dredged Materials Management Areas and associated
ancillary uses including, but not limited to, passive
parks.
NOTICE IS HEREBY GIVEN THAT THE ARCHITECTURAL REVIEW AND PLANNING
BOARD OF THE TOWN OF GULF STREAM WILL HOLD A PUBLIC HEARING ON THE
ABOVE REFERENCED MATTERS AND SAID PROPOSED AMENDMENT ON THE 24th DAY
OF MAY, 1995 AT THE HOUR OF 9:00 A.M., AND THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM WILL HOLD PUBLIC HEARINGS ON THE ABOVE REFERENCED
MATTERS AND SAID PROPOSED AMENDMENT ON THE 12th DAY OF MAY, 1995, AT
THE HOUR OF 9:00 A.M., AND ON THE 9th DAY OF JUNE, 1995, AT THE HOUR OF
9:00 A.M., WITH ALL HEARINGS TO BE HELD IN THE COMMISSION CHAMBERS OF
THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA 33483.
The proposed amendments, legal descriptions of the properties
involved, and supporting material noticed herein are on file in the
Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida
and may be inspected during regular business hours which generally
include non - holiday weekdays from 9:00 A.M. to 4:00 P.M.
ALL PERSONS INTERESTED IN OR AFFECTED BY SAID MATTERS MAY APPEAR
BEFORE THE ARCHITECTURAL REVIEW AND PLANNING BOARD AND /OR THE TOWN
COMMISSION AT THE TIMES AND PLACE AFORESAID AND BE HEARD. If any
person decides to appeal any decision made by the Architectural Review
and Planning Board and /or the Town Commission with respect to any matter
considered at these meetings, that person will need a record of the
proceedings, and for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony
i upon which the appeal is to be based. PLEASE GOVERN YOURSELVES
�.' ACCORDINGLY.
Dated: April 6, 1995 TOWN OF GULF STREAM ORIDA
7aVI-L-,
Rita L. Taylor, 7 own Clerk