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HomeMy Public PortalAbout12/08/1995MAYOR: VICE MAYOR: COMMISSIONER: William F. Koch, Jr. Alan I. Armour James E. Cross Joan K. Orthwein A. Curtis True, M.D. December 1, 1995 REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 8, 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 Held November 9, 1995. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing to be held on Friday, January 12, 1996 at 9:00 A.M. 2. Regular Meeting & Public Hearing to be held on Friday, February 9, 1996 at 9:00 A.M. 3. Date of March, 1996 Meeting to be confirmed. B. Award of Merit from the American Society of Landscaped Architects. VII. PUBLIC HEARING -Board of Adjustment. A. Applications for Development Approval 1. Everett H. Jenner as Agent for Sydnor and Suzanne Speer, owners of the property located at 998 Pelican Lane, Gulf Stream, Florida, that is legally described as the North 79.4' of the East 133' of Lot 25 Model Land Company's Subdivision of Section 9, Township 46 South, Range 43 East, Palm Beach County,Florida. a. SPECIAL EXCEPTION -TO permit the extension of an existing non- conforming wall line on the guest house, reducing the minimum rear setback by 10.71. b. LEVEL III ARCHITECTURAL /SITE PLAN REVIEW -To permit the construction of a one story addition to the existing guest house. VIII. Reports. A. Town Manager B. Town Attorney C. Architectural Review & Planning Board 1. Public Hearing to be held on Wednesday, December 27, 1995 at 8:30 A.M. D. Finance Director 1. Financial Report for November, 1995 E. Police Report for November, 1995 F. Construction in Progress in November, 1995 IX. Items for Commission Action. A. Maintenance Tree Trimming along State Road AlA. X. Correspondence. A. Resolution No. 95 -05; Proposing that the Board of County Commissioners, Palm Beach County School Board, Private Sector and Palm Beach County Municipal League work together to develop criteria for selection of a superintendent and to develop recom- mendations for the reform of the educational system in Palm Beach County.- Palm Beach County Municipal League. AGENDA CONTINUED XI. Public. XII. Adjournment. December 1, 1995 SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION /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. C C MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMIS- SION OF THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 8, 1995, AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FL. I. Call to Order. Mayor Koch called the meeting to order at 9:00 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by Commissioner Armour. III. Roll Call. Present and participating: Absent with notice: Also present & participating: William F. Koch, Jr. Alan I. Armour Joan K. Orthwein A. Curtis True, M.D. James E. Cross E. Scott Harrington Scott Hawkins Rita Taylor Robert Schultz Everett H. Jenner Sara Winston Perry O'Neal Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Assist. Town Attorney Town Clerk Police Chief Agent for Mr. Speer Member of ARPB Town Resident IV. Minutes of the Regular Meeting /Public Hearing Held November 9, 1995. Commissioner Armour called attention to the misspelling of the name Mayer on page 2. He then moved to approve the minutes as corrected and Commissioner True seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. V. Additions, withdrawals, deferra Town Clerk Taylor requested to the Palm Beach County Municipal League Program. There were no objections. VI. Announcements. t items. dd Item X.B., Resolution 95 -06 from supporting the Graffiti Eradification A. Meeting Dates 1. Regular Meeting & Public Hearing to be held on Friday, January 12, 1996 at 9.:00 A.M. 2. Regular Meeting & Public Hearing to be held on Friday, February 9, 1996 at 9:00 A.M. These announcements were made by Mayor Koch. 3. Date of March, 1996 Meeting to be confirmed. The Town Clerk advised that the regular meeting date would be March 8, 1996. There were no objections to this date and the Clerk advised that the meeting would be at 9:00 A.M. on March 8, 1996. B. Award of Merit from the American Society of Landscape Architects Mr. Harrington called attention to conies of pages from the Landscape Architecture publication of November, 1995 reporting the Award of Merit for the Design Manual, adding that he had received several calls requesting copies from various ..sections of the country as a result of the article. Mr. Harrington advised that he and Mr. Skokowski had been asked to speak at the International Planning Conference that will be held in Orlando in the spring in relation to the Design Manual. He reported that it is expect- ed to have approximately 3,000 in attendance. Regular Meeting /Public Hearing Town Commission - December 8, 1995 page 2 VII. PUBLIC HEARING -Board of Adjustment. A. Applications for Development Approval 1. Everett H. Jenner as Agent for Sydnor and Suzanne Speer, owners of the property located at 998 Pelican Lane, Gulf Stream, Florida, that is legally described as the North 79.4' of the East 133' of Lot 25 Model Land Company's Subdivision of Section 9, Township 46 South, Range 43 East, Palm Beach 0 County, Florida. Mayor Koch a'skedthat persons who planned to address this application please stand to receive the Oath. The Town Clerk then administered the Oath to Everett H. Jenner.. Mr. Jenner asked if the members of the Commission were familiar with the site plan and the drawings of the proposed addition. All members of the Commission acknowledged that they had received copies and had no questions regarding the project as proposed. Mayor Koch asked for a report from the ARPB regarding this application and Sara Winston, a member of the ARPB reported that the Board had recommended that the project be approved as requested with the condition that shutters be installed on the guest house. Town Manager Harrington advised that he had recommended in his report that the applicant be requested to consider replacing the proposed and the existing jalousie doors on the guest house and the main dwelling with a different type door. He reported that Mr. Jenner had advised, at the ARPB meeting, that there are4 existing jalousie doors and they propose to add only one more in the new addition. He further reported that Mr. Jenner had advised that the owners use these for ventilation but that he would discuss the matter with them again. Mr. Harrington then asked Mr. Jenner if he had in fact talked to Mr. & Mrs. Speer about this. Mr. Jenner advised that they will be happy to add the shutters but that they want to keep the jalousie doors, adding that all of the existing doors had been replaced recently at considerable expense. There was no comment from the public with regard to this application. a. SPECIAL EXCEPTION -To permit the extension of an existing non - conforming wall line on the guest house, reducing the minimum rear setback by 10.71. Mr. Harrington explained that the existing wall of the guest house is 14' from the rear line and 25' is currently required. This request is to extend this existing wall which would place the wall of the addition as proposed 14' from the rear property line. C Finding the plans as submitted meet all applicable Special Exception review standards, Comm. Armour moved and Comm. Orthwein seconded that the Special Exception be granted as requested and as recommended by the ARPB. Roll Call: Comm. Orthwein; AYE, Comm. Armour;'AYE, Comm. True; AYE, and Mayor Koch; AYE. b. LEVEL III ARCHITECTURAL /SITE PLAN REVIEW -To permit the construction of a one -story addition to the existing Commissioner Armour gmovedhaanoeCommissioner Orthwein seconded that approval be granted, based upon a finding that the building and site plans meet all applicable review standards, with the condition that shutters be added to the windows of the guest house to achieve a greater similarity of appearance with the main residence. Roll Call: Comm. Orthwein; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Regular Meeting /Public Hearing Town Commission- December 8, 1995 page 3 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 & Planning Board C 1. Public Hearing to be held on Wednesday, December 27, 1995 at 8:30 A.M. Mayor Koch made this announcement. D. Finance Director 1. Financial Report for November, 1995. Mayor Koch advised that due to recent surgery, Mr. Gwynn, Finance Director, is unable to be present and the November financial report will be presented at the January meeting. E. Police Report Chief Robert Schutlz presented his report of police activity for November, 1995 and added that a burglary task force had been formed as a result of a number of ocean front jewelry burglaries in Palm Beach County and that the Florida Dept. of Law Enforcement has joined in this task force. The Chief closed by advising that Gypsies have made an appearance in Gulf Stream as well as in ocean Ridge, Delray and other neighboring towns. He cautioned that residents should always make certain that doors and windows are locked even if they are inside as Gypsies are knownto walk in homes that are open in both day -time and night -time. F. Construction in Progress in November, 1995 There was no report at this time and it was explained that there will be a November report and a December report for the January, 1996 meeting. IX. Items for Commission Action. A. Maintenance Tree Trimming along State Road AlA. Mr. Harrington explained that C. Way Hoyt had completed his annual inspection of the Australian pine trees and found that there were 8 trees that need to be removed as they are a hazard, and there are several branches that are in need of trimming for various reasons. He reported that Mr. Hoyt will perform this work for the sum of $5,000.00. Mayor Koch questioned if this item should go for bids as this might appear to be a conflict. He went on to advise that he had been involved with other governmental entities that had considered requests for exceptions to bidding in lieu of a bidding process. Mr. Harrington stated that he had investigated the matter when Mr. Hoyt was engaged to do the previous work and foihnd it is not necessary to seek bids for this type of service. Mr. Harrington reported that Mr. Hoyt is one of only 4 in the State of Florida who are members of the American Society of Consulting Arborists. He pointed out that Mr. Hoyt is very knowledgeable about the trees and has been helpful with our efforts to assure the continuation of the Australi pine trees along AlA. Mr. Harrington advised that the State does not regulate qualifications for tree trimming and he would be reluctant to engage anyone for work on the trees that was not a member of the ASCA. In view of this, he believed the cost of the work would be about the same. Mr. Harrington closed by reminding that Mr. Hoyt had performed quality work for the Town in the past and that if someone were to be hired without the qualifications and membership in the ASCA, it would be necessary to have Mr. Hoyt supervise the work which would be an added cost. Regular Meeting /Public Hearing Town Commission - December 8, 1995 page 4 Commissioner Armour asked Mr. Harrington if he felt a supervisor would be necessary to which Mr. Harrington replied that it would be necessary as he did not feel that he was qualified in this area. Mayor Koch asked Attorney Hawkins for his opinion on requiring bids or or requests for exceptions to bidding. Attorney Hawkins replied that it Cappears the Town Manager has gone through the pros and cons and analyzed this matter in a fairly objective fashion. He recommended that the Town make sure the record reflects Mr. Harrington's analysis and the steps that have been gone thru with this. He suggested one step to consider might be to contact others by phone to find out what comparable bids would be, but adding that it sounds as if Mr. Harrington has a grasp of that already. Commissioner True moved and Commissioner Armour seconded that approval be given for the expenditure of $5,000.00 to C. Way Hoyt for work on the Australian pine trees along AlA subject to a final contract for the work. Roll Call: Comm. Orthwein, AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Mr. Harrington then advised that he will be appearing before the Palm Beach County Legislative Delegation to request they once again sponsor the Town's request for legislation that would permit the saving and replanting of Australian pine trees along AlA in just Gulf Stream. X. Correspondence. A. Resolution No. 95 -05; Proposing that the Board of County Commissioners, Palm Beach County School Board, Private Sector and Palm Beach County Municipal League work together to develop criteria for selection of a superintendent and to develop recom- mendations for the reform of the educational system in Palm Beach County. -Palm Beach County Municipal League. B. Resolution No. 95 -06; A Resolution of Palm Beach County Municipal League, Inc. endorsing a policy of zero tolerance for graffiti; further endorsing the graffiti eradication program; requesting the Criminal Justice Commission to coordinate the implementation of the program; requesting active participation from all municipalities within Palm Beach County; providing an effective date; and for other purposes. -Palm Beach County Municipal League. The Town Clerk read these two resolutions. She advised that if the members of the Commission favored the adoption of similar resolutions they would be numbered 95 -21 and 95 -22. Commissioner Orthwein moved that Resolution 95 -21 and Resolution 95 -22 as read by title by the Town Clerk be adopted. Commissioner Armour seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. XI. Public. Perry O'Neal, town resident, noted that the town now has signs calling attention to the fact that golf carts are sharing the local streets in Gulf Stream and requested that similar signs regarding bikes and pedestrians be erected. Town Manager Harrington advised that he is research- ing this and expects to have a recommendation in the near future. Regular Meeting /Public Hearing Town Commission - December 8, 1995 page 5 IX. Adjournment. Mayor Koch adjourned the meeting at 9:35 A.M. on a motion to do so made by Commission Orthwein that was seconded by Commissioner Armour with all voting in the affirmative. G �l Rita L. Taylor, V own Clerk