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HomeMy Public PortalAbout08/09/1995August 4, 1995 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross Joan K. Orthwein A. Curtis True, M.D. REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION/ t 1 BOARD OF ADJUSTMENT OF THE TOWN OF GULF STREAM ON WEDNESDAY, AUGUST 9, 1995 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 21, 1995. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Meeting Dates 1. Regular Meeting to be held on Tuesday, September 5, 1995 at 4:00 P.M. 2. Public Hearing for Tentative Budget, Tuesday, September 5, 1995 at 5:01 P.M. 3. Public Hearing for Final Budget and adoption, Wednesday, September 20, 1995 at 5:01 P.M. B. Meeting date with County Commissioner Mary McCarty VII. PUBLIC HEARING -Board of Adjustment (Continued from July 21, 1995). A. Applications for Development Approval 1. Theodore and Jane Madjarov, owners of the vacant lot on the north side of Old School Road between Gulf Stream Road and Polo Drive in Gulf Stream, F1. that is legally described as Lot 5, H.V. Pope Subdivision. a. LEVEL III ARCHITECTURAL /SITE PLAN REVIEW -To permit construction of a one story single family dwelling on the parcel of property described above. b. LAND CLEARING PERMIT -To permit the addition of fill material to raise the elevation of the property to the required height for construction of the dwelling. VIII. Reports. A. VTown Manager B. Town Attorney C. Architectural *Re °view and Planning Board D. Finance Director 1. Finance-Report for July, 1995 E. Police Report for July, 1995 F. Construction in Progress in July, 1995 IX. Items for Commission Action. A. Resolutions 1. No. 95 -10; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, REQUESTING A PRO -RATA SHARE OF THE COUNTY EMERGENCY MEDICAL SERVICE SURCHARGE AWARD PROGRAM FUNDS FOR THE CITY OF DELRAY BEACH. 2. No. 95 -11; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE TRANSFER OF THE NON - EXCLUSIVE CABLE TELEVISION FRANCHISE OF FAIRBANKS COMMUNICATIONS, INC., D /B /A LEADERSHIP CABLEVISION, AWARDED BY ORDINANCE NO. 86 -5, TO LEADERSHIP ACQUISITION LIMITED PARTERSHIP; PROVIDING AN EFFECTIVE DATE. B. Items by Mayor and Commissioners August 4, 1995 X. Correspondence. A. Letter requesting that the Town adopt a resolution opposing changes to the Tourist Development Tax Allocation which would result in a reduction in funding for the Beach Improvement Program and opposing an annual cap on the allocation. -Palm Beach Countywide Beaches & Shores Council XI. Public. XII. 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. N MINUTES OF THE REGULAR MEETING /PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON WEDNESDAY, AUGUST 9, 1995,AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. II. III. Cy IV. Call to Order. Mayor Koch called the meeting to order at 9:00 A.M. Pledge of Allegiance. Mayor Koch led the Pledge of Allegiance. Roll Call. Present and participating: Absent with notice: Also present & participating: of William F. Koch, Jr. James E. Cross Joan K. Orthwein A. Curtis True, M.D. Alan I. Armour E. Scott Harrington Tracey Biagiotti Rita L. Taylor William Gwynn David Baker Chuck Blaine Theodore Madjarov Randall Stofft Perry O'Neal Mona Wolter � UUULLi5aloner cross moved and C minutes be approved as circulated and Mayor Commissioner Commissioner Commissioner Vice Mayor Town Manager Assist. Town Attorney Town Clerk Finance Director Attny.- Leadership Cable Adelphia Cable Communic. Applicant Architect for Madjarov Town Resident Town Resident & Public Heari mmissioner Tru all voted AYE. 21, 1995. V. Additions, withdrawals deferrals, arran ement of a enda items. Mayor Koch requested that item IX.A.2., Cable Franchise Transfer, be heard next on the agenda and that he would like to address the matter of establishment of the new Coastal Construction Setback Line under item IX.B. The Town Clerk asked to add item IX.C., Authorization to borrow additional funds from the water system line of credit. There were no objections to any of the above changes to the agenda. At,this time Item IX.A.2., Resolution No. 95 -11; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AUTHORIZ- ING THE TRANSFER OF THE NON - EXCLUSIVE CABLE TELEVISION FRANCHISE OF FAIR- BANKS COMMUNICATIONS, INC., D /B /A LEADERSHIP CABLEVISION, AWARDED BY ORDINANCE NO. 86 -5, TO LEADERSHIP ACQUISITION LIMITED PARTNERSHIP; PROVIDING AN EFFECTIVE DATE.was acted upon. Attorney David Baker, representing Leadership Cablevision, explained that Fairbanks Communication, Inc. D /B /A Leadership Cablevision was selling the company to Leadership Acquisition Limited Partnership with Adelphia Com- munications managing the system. He reminded that Ordinance #86 -5 provides that a franchise shall not be transferred until the Town has first approved the transfer. Attorney Baker stated that he and representatives of both companies are present and are requesting this approval. He then introduced Gene Strickland, General Manager for Leadership Cablevision, Chuck Blaine, Director of Government and Community Affairs for Adelphia Communications, and Doug Meyer, General Manager for Adelphia Communications. Regular Meeting /Public Hearing Town Commission- August 9, 1995 page 2 Mayor Koch asked if the local office in Delray would be moved or closed under the new management. Mr. Blaine stated that nothing in Delray would be moved or closed except the communication section which would be moved to Riveria Beach where a very large communications operation has been established. CTown Manager Harrington asked what other areas of the county were served by Adelphia to which Mr. Blaine replied that with the recent acquisitions, Adelphia would be the largest cable supplier in Palm Beach County. Commissioner True moved and Commissioner Orthwein seconded that the transfer of the Cable Television Franchise be approved as requested. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. Commissioner True then moved, and Commissioner Orthwein seconded that Resolution No. 95 -11, which had been read by title by the Town Clerk, be adopted. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. Mayor Koch returned to the order of the agenda. VI. Announcements. A. Meeting Dates 1. Regular Meeting to be held on Tuesday, September 5, 1995 at 4:00 P.M. 2. Public Hearing for Tentative Budget, Tuesday, September 5, 1995 at 5:01 P.M. 3. Public Hearing for Final Budget and adoption, Wednesday, September 20, 1995 at 5:01 P.M. These announcements were made by the Town Clerk. B. Meeting date with County Commissioner Mary McCarty Town Manager Harrington advised that Commissioner McCarty has a conflict and and will not be present on September'20. He asked if the Commissioners had a preference between September 5th and October 13th.'.for her attendance. The Commission indicated that they would prefer for Commissioner McCarty to attend the September 5th meeting which would be before the County adopts their budget. Mr. Harrington stated he would contact her office. VII. PUBLIC HEARING -Board of Adjustment (Continued from July 21, 1995) A. Applications for Development Approval 1. Theodore and Jane Madjarov, owners of the vacant lot on the north side of Old School Road between Gulf Stream Road and Polo Drive in Gulf Stream, F1. that is legally described as �. Lot 5, H.V. Pope Subdivision. a. LEVEL III ARCHITECTURAL /SITE PLAN REVIEW -To permit construction of a one story single family dwelling on the parcel of property described above. Mayor Koch asked that those persons, including those in the public, who intended to address this matter please stand and raise their right hands. The Town Clerk then administered the oath. Theodore Madjarov presented an amended drawing on which notations had been made showing the maximum height to be 27' as opposed to the previous 28'10 ", and showing the pitch of the roof to be 5" to 12 ", reduced from 6" to 12 ". He explained that all other features that were in question have been changed for the sake of continuity of detail. Mr. Madjarov also explained Regular Meeting /Public Hearing Town Commission- August 9, 1995 page 3 that the pool and deck had been lowered, along with the grade surrounding it, resulting in an elevation of 5.5' above sea level. Town Manager Harrington advised that the pitch of the roof as drawn is still at a 6" to 12" but has just been relabeled as 5" in 12 ", and the grade elevation at the rear property line is still shown on the drawing at 7.01. Mr. Madjarov advised that the architect did not have time to redraw the entire roof so he just changed the label, and further had failed to change elevation at the property line, assuring that it will bt least 5.5' or even even less if it is found to be necessary in order to retain the runoff. Turning to the matter of the maximum height of the building, Mr. Harrington called attention to his memo which listed the height and roof slope of 5 existing dwellings in the immediate area of Mr. Madjarov's property. He pointed out that only the one, two -story dwelling, was higher than that proposed by Mr. Madjarov at 27.5' with the one -story buildings being between 1714" and 2015 ". Perry O'Neal, speaking from the audiance, questioned if the septic system will be connected with the private sewer system. He pointed out that this property is in the lowest part of the town, there is a problem with storm water flooding in heavy rains, and that the storm runoff drains into the Little Club. He was opposed to a septic tank installation, fearing there would be sewage mixed with the storm water runoff and thus a health hazard. Mr. Madjarov replied that he is considering the sewer connection but had not had time to get the details on what must be done. Mr. Stofft was concerned that Mr. Madjarov would be expected to extend the sewer line to his property. Upon being informed that the line is already in the street in front of his property, Mr. Madjarov stated he would connect to the system. Mayor Koch asked if the matter of the sewer connection could be a condition of approval and was advised that since Mr. Madjarov had stated his intention to consider this in view of the problems connected with a septic tank in this location, the connection could be a condition of approval. Mona Wolter, also speaking from the audiance, continued to express her concern regarding the height of the proposed building and produced a comparison drawing with three other buildings in the area. She pointed out that this illustrates that the proposed dwelling would not be compatible with others in the neighborhood. Commissioner True asked what had been done to address the concerns other than the height of the building and the drainage to which Mr. Stofft replied that they had all been addressed. Mr. Harrington reminded Mr. Stofft that the plans that were presented by him at the last meeting were not the ones he had submitted to the members of the Commission in the agenda packet. Mr. Harrington went on to explain that this newest set of drawings reflects the change in the rear window design and the column detail. Commissioner Orthwein noted that the height of the building has only been lowered by 1110" from the original design which is not enough. She pointed out that not only is it much higher than others in the area but has barrell tile and is not similar to other homes. Regular Meeting /Public Hearing Town Commission- August 9, 1995 page 4 Mr. Stofft insisted that this house is consistent, stating that Mrs. Orthweids' numbers were not meaningful and it makes no sense to lower the height. Mr. Stofft further insisted that height is not a dominent element in that the majority of the roof is not 271, with most being 211. He added that none of the gables have a pitch less than 5" in 12 ". C Town Manager Harrington observed that slope and peak are related and the slopes on surrounding homes are the same but the homes themselves are smaller than what is being proposed. He further observed that other larger homes use wings to break up large expanses of roof and those larger homes that do not use wings cut off the top and use a flat roof on the top of the building. He stated that most houses have the height of the wall nearly the same as the height of roof but this building has 10' of wall as compared to 17' of roof. Mayor Koch asked if the applicant would go to a flat roof top to which Mr. Stofft replied that they would rather not. Commissioner Orthwein asked if they would use white tile rather than the barrell tile to which there was no reply. Mr. Harrington questioned the height of the secondary peaks in a 5" in 12" pitch and asked Mr. Stofft to use a scale and draw the lines on the roof of the front elevation to show where the top would be in a 5" in 12" pitch. When Mr. Stofft complied with this request, he found that the notation of 27' in height was in error and that the correct height would be 24' maximum. Commissioner True moved that the site plan be approved as presented on the drawing received on August 2, 1995 provided the maximum height of the building does not exceed 24' in height, that the finished grade at the rear property line is no greater than 5.5' above zero sea level, and that the septic system is connected to the sanitary sewer system in place in that area. Commissioner Orthwein seconded the motion. There was no further comment from the public. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE, b. LAND CLEARING PERMIT -To permit the addition of fill material to raise the elevation of the property to the required height for construction of the dwelling. Commissioner Orthwein moved that the Land Clearing Permit be granted and the motion was seconded by Commissioner True. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. ,-- VIII. 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 There was no report from the Architectural Review and Planning Board. D. Finance Director 1. Finance Report of July, 1995 Mr. William Gwynn, Financial Director, pointed out that the first item under receipts covers a reimbursement of costs involved with the replacement of water meters and the second item records funds that were unclaimed in the pension plan that was discontinued. Mr. Gwynn advised that the funds from property taxes are the last that will be received for this fiscal year. Regular Meeting /Public Hearing Town Commission- August 9, 1995 page 5 Mr. Gwynn closed his report stating that there is an unanticipated.surplus in .the amount of $24,243.00 at this time but there are 2 months left in the fiscal year and that may be depleted by the end of the year. Commissioner True moved and Commissioner Orthwein seconded that the financial report be approved as presented. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. E. Police Report for July, 1995 Town Manager Harrington explained that Chief Schultz was attending a train- ing conference. He called attention to the police report which advised that a new officer has been hired and it is expected that the 10th man will be hired in the near future. F. Construction in Progress in July, 1995 The report reflected that there was $8,118,204 worth of construction in progress in the month of July, 1995. IX. Items for Commission Action. A. Resolutions 1. No. 95 -10; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA REQUESTING A PRO -RATA SHARE OF THE COUNTY EMERGENCY MEDICAL SERVICE SURCHARGE AWARD PROGRAM FUNDS FOR THE CITY OF DELRAY BEACH. Commissioner True moved and Commissioner Cross seconded that Resolution No. 95 -10 be adopted. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. 2. No. 95 -11; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE TRANSFER OF THE NON - EXCLUSIVE CABLE TELEVISION FRANCHISE OF FAIRBANKS COMMUNICATIONS, INC., D /B /A LEADERSHIP CABLEVISION, AWARDED BY ORDINANCE NO. 86 -5, TO LEADERSHIP ACQUISITION LIMITED PARTNERSHIP; PROVIDING AN EFFECTIVE DATE. This item was acted upon earlier in the meeting. B. Items by Mayor and Commissioners Mayor Koch reminded that the State has been attempting to relocate the Coastal Construction Control Line for several years and some of the other coastal towns in the area have been fighting to prevent this. He stated that he had read in the newspaper that coastal seawalls will be taken into consideration in the establishment of a new line and requested that the Town Manager obtain the details of what is being considered. Mr. Harrington stated that he would look into the matter at length and added that from what information he had, none of the existing seawalls in 4- Gulf Stream would meet the requirements for additional consideration and that seawalls built to the proper specifications after the rule is made would not be taken into consideration if they were forward of the established line. C. Authorization to borrow additional funds from the water system line of credit. Town Manager Harrington explained that a line of credit in the amount of $250,000 had been approved for the Intracoastal water line crossing project and the costs had amounted to $165,000. He requested to.borrow up to $200,000, an additional $35,000.00, to be used for several long overdue renovation projects related to the existing water distribution system. He called attention to a list of those improvements that had been prepared by Mr. Harvel in the total estimated amount of $54,000. Mr. Harrington believed that the $35,000 would take care of the most urgent improvements with the remainder to be covered through revenues collected in subsequent years. Regular Meeting /Public Hearing Town Commission - August 9, 1995 page 6 Commissioner Orthwein moved that the Town Manager be authorized to borrow an additional $35,000 from the approved $250,000 line of credit for the water system to make necessary improvements to the system. The motion was seconded by Commissioner True. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. CX. Correspondence. ? A. Letter requesting that the Town adopt a resolution opposing changes to the Tourist Development Tax Allocation which would result in a reduction in funding for the Beach Improvement Program and opposing an annual cap on the allocation. -Palm Beach Countywide Beaches & Shores Council The Town Clerk explained that she had prepared a similar resolution if the Commissioners were interested in supporting this. Mayor Koch asked that the proposed resolution be read by title,as follows: RESOLUTION NO. 95 -12; RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, OPPOSING CHANGES TO THE TOURIST DEVELOPMENT TAX ALLOCATION WHICH WOULD RESULT IN A REDUCTION IN FUNDING FOR THE BEACH IMPROVEMENT PROGRAM, OPPOSING AN ANNUAL CAP. Commissioner Orthwein moved for the adoption of Resolution No. 95 -12 and Commissioner True seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. XI. Public. There was no comment from the public. XII. Adjournment. Mayor Koch adjourned the meeting at 10:15 A.M. by unanimous agreement of the members-of the Town Commission. R -4 Rita L. Taylor Town Clerk