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HomeMy Public PortalAbout01/12/1996January 5, 1996 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross Joan K. Orthwein n A. Curtis True, M.D. \ J REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JANUARY 12, 1996, 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 December 8, 1995. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing to be held on Friday February 9, 1996 at 9:00 A.M. 2. Regular Meeting & Public Hearing to be held on Friday, March 8, 1996 at 9:00 A.M. 3. Certification of Election to be held on Friday, March 15, 1996 at Noon. 4. Date of April, 1996 Meeting to be confirmed. B. Mayor's Proclamation for Election to be held on March 12, 1996. VII. PUBLIC HEARING -Board of Adjustment. A. Applications for Development Approval 1. Michael Steffens as Agent for Robert & Caron Dockerty, owners of the property located at 3000 N. Ocean Blvd., Gulf Stream, Florida, that is legally described as the Southerly 47.33' of Lot 40 and the North 54.62' of Lot 41, Gulf Stream Properties Subdivision. ' a. SPECIAL EXCEPTION -To permit the extension of an existing ' non- conforming wall line on the primary structure which encroaches approximately 4' into the required 15' side setback on the north side. b. LEVEL III ARCHITECTURAL /SITE PLAN REVIEW -To permit the construction of a one -story addition to the existing single family dwelling. VIII. Reports. A. Town Manager 1. Bi- monthly.water consumption B. Town Attorney C. Architectural Review & Planning Board 1. Public Hearing to be held on Wednesday, January 24, 1996 at 8:30 A.M. D. Finance Director 1. Financial Report for November, 1995 2. Financial Report for December, 1995 E. Police Report for December, 1995 F. Construction in Progress 1. November, 1995 2. December, 1995 January 5, 1996 AGENDA CONTINUED l 1 IX. Items for Commission Action. A. Presentation of Audit for Fiscal Year 1994 -1995. B. Satellite Dish Installation requirements. C. Items by Commissioners X. Correspondence. A. Resolution No. 46, 1995 urging the Palm Beach County Legislative Delegation to support H.B. #173 and S.B. #16 in efforts to amend Florida's Felony /Murder Statute to include the act of vehicular hit and run among the enumerated offenses of said statute. -Town of Lake Park B. Resolution 20 -95 requesting that dock permitting be removed from the jurisdiction of Palm Beach County Department of Environmental Resources Management and that dock permitting be provided by the U.S. Army Corps of Engineers. -Town of Manalapan XI. Public. XII. Adjournment. 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. 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 public hearing on Wednesday, January 24, 1996 at 8:30 A.M., and the Town Commission will hold a public hearing on February 9, 1996 at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application submitted by Del Swilley, as agent for John L. McGraw, owner of the property located at 1665 N. Ocean Blvd., Gulf Stream, Florida 33483, that is legally described as the North 100' of the South 568' of that part of Government Lot 1, of Section 10, Township 46 South, Range 43 East, lying east of Ocean Blvd. requesting 1. A DEMOLITION PERMIT to cover the demolition of the existing 3,400 square foot dwelling, pool and driveway. 2. A SPECIAL EXCEPTION to permit the existing metal storage shed and the existing wood gazebo to remain on the property after the primary structure is demolished. 3. An AlA VEGETATIVE DISTURBANCE PERMIT to sod and landscape the existing driveway apron along AlA. 4. A LEVEL III ARCHITECTURAL /SITE PLAN REVIEW to permit the property to revert to,a,vacarat, lot statud_.*hile 'allowing the two structures covered under a Special Exception to remain. 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 meetims noticed above. The meetings /public hearings 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. lam' ALL PARTIES INTERESTED IN THESE MATTERS 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 PUBLIC HEARINGS /MEETINGS, SAID PARTY WILL NEED A REOCRD 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: January 10, 1996 TOWN OF GULF STREAM, FLORIDA Rita L. Taylor,/0 wn Clerk MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMIS- SION OF THE TOWN OF GULF STREAM ON FRIDAY, JANUARY 12, 1996, 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 William F. Koch, Jr. Mayor participating: Alan I. Armour Vice Mayor James E. Cross Commissioner Joan K. Orthwein Commissioner A. Curtis True, M.D. Commissioner Also present & E. Scott Harrington Town Manager participating: John Randolph Town. Attorney Rita Taylor Town Clerk William Gwynn Finance Director Robert Schultz Police Chief Robert Dockerty Applicant Paul Bremer Auditor IV. Minutes of the Regular Meeting /Public Hearing Held December 8, 1995. Commissioner Armour moved and Commissioner Orthwein seconded that the minutes be approved as circulated. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. V. Additions, withdrawals, deferrals, ar The Town Clerk requested the followin there were no objections: and 1) Move item IX.A. Presentation of the Audit to be heard before the announcements; 2) Add a rebuttal letter to recommendations contained in the audit written by William Gwynn, Finance Director, following the audit presentation; 3) Add Item VIII.A.2, Civic Association Storm Drainage Study; 4) Add Item IX.D., Approval for travel expense for ARPB member Devitt; 5) Add Item IX.E., Canvassing Board for the election; 6) Add Item X.C., Resolution No. R -02 -96 from the Town of Lantana. Paul Bremer, from the firm of Ernst & Young, presented the audit for fiscal year 1995 -1996. He advised that once again, they were able to furnish an unqualified opinion and called attention to the last paragraph in the letter wherein it' is stated that they have also issued a report dated November 16, 1995 on their consideration of the Town's internal control structure and its compliance with laws and regulations. Mr. Bremer closed by advising they had one recommendation, that being that the Town obtain and review the annual financial report of the trustees of the defined contribution plan and the deferred compensation plan to ensure the Town's and its employees'assets are being managed appropriately and are adequately safe- guarded from risk of loss. Commissioner Armour pointed out that each employee manages their own investments. Mr. Bremer advised that this would be intended to keep an eye on the trustees of the funds in that many plans have failed due to not being properly managed. Commissioner Armour moved and Commissioner Cross seconded that the audit for fiscal year 1994 -1995 be approved as presented. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Regular Meeting /Public Hearing Town Commission - January 12, 1996 page 2 In reply to the recommendation stated in the audit that was previously approved, Finance Director William Gwynn presented a letter to the Mayor and Town Commissioners stating that he would obtain and reviewthe annual report of the trustees of the defined contribution plan and the deferred compensation plan. C VI. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing to be held on Friday, February 9, 1996 at 9:00 A.M. 2. Regular Meeting & Public Hearing to be held on Friday, March 8, 1996 at 9:00 A.M. 3. Certification of Election to be held on Friday, March 15, 1996 at Noon. These announcements were made by the Town Clerk 4. Date of April, 1996 Meeting to be confirmed. April 12, 1996, the regular meeting date, was confirmed for 9:00 A.M. B. Mayor's Proclamation for Election to be held on March 12, 1996. The Town Clerk read the Proclamation in it's entirety. The Proclamation stated that the Election would be held on March 12, 1996 from 7:00 A.M. to 7:00 P.M. in the Town Hall at which 5 Town Commissioners would be elected. It further stated that candidate qualification would begin at noon on January 30, 1996 and end at noon on February 13, 1996. The Town Clerk advised that details regarding candidate qualification and election are available at the office of the Town Clerk. Mayor Koch signed the Proclamation. VII. PUBLIC HEARING -Board of Adjustment. A. Appiicazions for ueveiopment Approvai 1. Michael Steffens as Agent for Robert & Caron Dockerty, owners of the property located at 3000 N. Ocean Blvd., Gulf Stream, Florida, that is legally described as the Southerly 47.33' of Lot 40 and the North 54.62' of Lot 41, Gulf Stream Properties Subdivision. a. SPECIAL EXCEPTION -To permit the extension of an existing non - conforming wall line on the primary structure which encroaches approximately 4' into the required 15' side setback on the north side. Mr. Robert Dockerty, in the absence of Michael Steffens, was sworn in by the Town Clerk. He then displayed a site plan and explained that this request is for an addition of a master bedroom suite to be added to the existing single family dwelling that would extend the north wall, which is non- conforming in that it encroaches approximately 4' into the required 15' side setback, to the west. He pointed out that the addition will overlook the pool area from the north and that there will be a small patio on the west end of the addition. Mr. Dockerty added that the addition has been kept to a one -story addition and in scale with the existing structure. Mayor Koch questioned if there have been any objections from the neighbors and Town Manager Harrington replied that no comment of any nature had been received by the Town. Mr. Dockerty advised that he had discussed it with his neighbors and they were very much in favor of the project. Mayor Koch asked for the recommendation from the ARPB and was advised by the Town Manager that both the request for a Special Exception and the Level III Site Plan Review was that they be approved as requested with the C Regular Meeting /Public Hearing Town Commission- January 12, 1996 conditions that there shall be no exterior lights side of the addition (excluding motion - sensitive lighting within the covered patio area shall not north side setback. page 3 attached to the north security lights) and that shine directly into the There was no comment from the public on this matter. Commissioner Armour moved and Commissioner True seconded that approval be granted for the Special Exception as requested and recommended by the ARPB for the extension of an existing non - conforming wall line and thereby reduce the minimum north side setback of the residence by 41, from 15' to 111, based on the finding that the building and site plans, as submitted, meet all applicable specific and general Special Exception review standards, with the conditions that there shall be no exterior lights attached to the north side of the addition (excluding motion - sensitive security lights) and that lighting within the covered patio area shall not shine directly into the north side setback. Roll Call: Comm. Orthwein; AYE, Comm. Cross; 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 single family dwelling. Commissioner True moved and Commissioner Orthwein seconded that approval of the site plan be granted as requested and recommended by the ARPB based on the finding that the building and site plans meet all applicable review standards, with the same conditions as were attached to the approval of the Special Exception. There was no comment from the public. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE . VIII. Reports. A. Town Manager 1. Bi- monthly water consumption. Town Manager Harrington reported that last year there had been a 15% reduction in water consumption as compared to the prior year and that this year there has been another 15% reduction as compared to last year. He added that there has been a 40% reduction over all as compared to the base year. Mr. Harrington stated he was very pleased with this and attributed the success of the program mainly to the new water rate structure. 2. Civic Association Storm Drainage Study Mr. Harrington advised that the Executive Board of the Civic Association had met in October and identified some areas of concern. One of the concerns was with the storm drainage conditions in the area of Polo Drive, Old School Road, and Banyan Road. He advised that the Association had engaged an engineer to study the problem and recommend solutions. Mr. Harrington further advised that he had been unable to attend this meeting due to being out of town at the time but that he had met with the engineer and furnished him with all of the material available in the Town Hall that might be help- ful in his assignment. Mr. Harrington stated that while the Association had not approached the Town with any requests relating to this matter, he wanted to make the Commission aware of the activity in this matter. He closed by advising that Charles Velie, President of the Civic Association, would be calling a meeting of his group and their engineer within the next month and that he and the Town's engineer would be present to engage in discussion in this matter. He added that he had shared some of his ideas regarding possible solutions with the engineer that had been hired by the Civic Assoc. and he expected the engineer would have additional ideas to discuss. Regular Meeting /Public Hearing Town Commission - January 12, 1996 page 4 Mayor Koch asked what other concerns were voiced by the Civic Association to which Mr. Harrington replied that the Association was interested in having the entire Town on a central sewage system but that they had not pursued that with him. Mayor Koch then asked if they had been furnished with the results of the straw poll that had been taken with regard to this and Mr. Harrington advised that the Association had this information. Mr. Harrington stated he would keep the Commission informed as to the progress of these matters. B. Town Attorney There was no report from the Town Attorney. C. Architectural Review and Planning Board 1. Public Hearing to be held on Wednesday, January 24, 1996. This announcement was made by Mayor Koch. D. Finance Director 1. Financial Report for November, 1995 William Gwynn, Finance Director, called attention to the revenue section and pointed out that $99,955.85 had been received from property taxes for the operating fund and that $22,329.26 had been received from property taxes for the debt service. He noted that the revenues collected have exceeded the budgeted figure by $21,808.04 and that expenditures were under the budgeted figure by $12,116.81. He advised this would level out in the future months. 2. Financial Report for December, 1995 Mr. Gwynn pointed out that $566,523.75 had been received from property tax for operating purposes and $126,556.44 had been received for the debt service. He advised that $325,000 had been invested in Treasury Bills and an extra payment that would be due in June had been made in the amount of $183,518 to the debt that would retire in June, 1997. Mr. Gwynn reported that $20,447.86 had been collected over what had been budgeted for the .first 3 months of this fiscal year and that there has been $10,833.57 spent over what was budgeted for the same period, largely due to the fact there were payments made to the City of Delray Beach from this budget that should have been out of previous budgets. He advised he would be adjusting this in the future to reflect the actual expenditures for this fiscal year. Commissioner Armour moved that the Financial Reports for November, 1995 and December, 1995 be approved as presented. Commissioner Cross seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. E. Police Report for December, 1995 Chief Robert Schultz presented his report of police activity for December, 1995, adding.that he had presented a traffic and highway safety talk at the request of the Gulf Stream Golf Club for 15 of their employees. He further reported that the guard house at Place Au Soleil had suffered major damage when a vehicle that was involved in a traffic accident had crashed into it. He stated that the damage is in the process of being repaired at the expense of the insurance carried by the person responsible for the damage. F. Construction in Progress 1. November, 1995 The report reflected there to be $4,971,359 worth of construction in progress in November in Gulf Stream. 2. December, 1995 The report revealed there to be $5,105,278 worth of construction in progress in December in the Town of Gulf Stream. Regular Meeting/.Public Hearing Town Commission - January 12, 1996 page 5 IX. Items for Commission Action. A. Presentation of Audit for Fiscal Year 1994 -1995. This matter was considered earlier on the agenda. B. Satellite Dish Installation Requirements Town Manager Harrington pointed out that technology has changed with regard to satellite dish antennas in that the size has been reduced to 18" in Cdiameter or less. He reminded that the Gulf Stream Code provides that a satellite dish antenna shall not be mounted on a building and must be screened from view, which is reasonable when,from the standpoint of asthetics,those very large dishes were all that were available. Mr. Harrington advised that the new 18" dish is recommended for installation on the south side of the building, partially under the eave.' He noted that the current Code provides that the Town Commission may grant specific approval of alternate locations for the dish. Mr. Harrington recommended that a new ordinance be formulated to take into consideration the small dish, and that in the interim, a blanket exemption for the placement of the small dish be granted. The Town Commission agreed with this recommendation and discussion was held with regard to guidelines for the placement of the small dish. Following the discussion, Commission Orthwein moved and Commission Armour seconded that a satellite dish of no greater than 18" in diameter may be mounted on the back wall of a building, or on a side wall of a building provided it is placed a minimum of 50% of the length of the side wall from the front where practical, at a height of no greater than 12' as measured from grade, provided the dish is screened as much as is practical, and that the Town Manager is authorized to approve these installations using these guidelines. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; NAY. Mayor Koch explained that he voted NAY because he felt the entire matter could be left to the discretion of the Town Manager without the guidelines until such time as the new ordinance is in place. C. Items by Commissioners Commissioner Armour stated that he was still uncertain about the intent of the recommendation in the audit that the Town review the financial reports of the Trustees of the pension and deferred compensation plans. He was concerned that it implies that the Town is responsible to see that the employees make sound investments. Mr. Gwynn stated he had not placed that interpretation on the recommendation in that these are self directed investmen plans. Mayor Koch suggested, and all agreed, that the Town Manager contact Mr. Bremer and request a letter of clarification on this matter. It was so directed and Mr. Harrington stated that Mr. Gwynn's letter of rebuttal would be held until the clarification is in hand. D. Approval for Travel Expense for ARPB member Devitt Town Manager Harrington explained that he and Mr. Skokowski had been asked to make a presentation of the Design Manual at an International Planning Conference that will be held in Orlando. He stated that he felt there should be a member of the citizens group who participated in the development of the Manual included in the presentation and had asked Mr. Devitt if he would be willing to join in this. Mr. Harrington advised that the Town Code provides that funds may be provided for expenses of the members of the ARPB upon approval by the Town Commission. He added that he has money budgeted in his Town Managers section of the budget to cover conferences and would be willing to cover Mr. Devitt's expenses from this if the Commission approves. Commissioner Orthwein moved and Commissioner Armour seconded that the funds to cover Mr. Devitt's expenses be approved and that they are to be taken from the Town Managerb budget for conferences. Roll Call: Comm. Orthwein; AYE, C. .Wm.Cross; AYE, Comm:. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Regular Meeting /Public Hearing Town Commission - January 12, 1996 page 6 E. Canvassing Board for the Election The Town Clerk advised that the State no longer will permit the use of the precinct counters that had been used in the past to count ballots in the precinct. All ballots will now be counted in the office of the County Supervisor of Elections, she said. Mrs. Taylor pointed out that there will be items on the ballot for the March 12, 1996 election other than candidates for Gulf Stream Commissioner.She advised that she had discussed this with Town Manager Harrington and they were in agreement to recommend that the Palm Beach County Supervisior of Elections be authorized to handle the absentee ballots for the municipal election to avoid having the absentee voters obtain a ballot from the Town and another from the County, and to further recommend that the Palm Beach County Canvassing Board be authorized to act as the Canvassing Board for the Town of Gulf Stream. Commissioner Armour moved and Commissioner Orthwein seconded that the Palm Beach County Supervisor of Elections be authorized to handle the absentee ballots for the Town of Gulf Stream Election and that the Palm Beach County Canvassing Board be authorized to act as the Town of Gulf Stream Canvassing Board. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. X. Correspondence. A. Resolution No. 46, 1995 urging the Palm Beach County Legislative Delegation to support H.B. #173 and S.B. #16 in efforts to amend Florida's Felony /Murder Statute to include the act of vehicular hit and run among the enumerated offenses of said statute - Town of Lake Park This was made a part of the official record. B. Resolution 20 -95 requesting that dock permitting be removed from the jurisdiction of Palm Beach County Department of Environmental Resources Management and that dock permitting be provided by the U.S. Army Corps of Engineers. -Town of Manalapan C. Resolution No. R -02 -96 requesting that dock permitting be removed from the jurisdiction of Palm Beach County Department of Environ- mental Resources Management and that dock permitting be provided by the U. S. Army Corps of Engineers. -Town of Lantana. These resolutions were made a part of the official record and the Town Clerk was directed to bring forth a similar resolution. The Town Clerk read Resolution 96 -1 by title as follows: A Resolution Of The Town Commission Of The Town Of Gulf Stream, Florida, Palm Beach County, Requesting That Dock Permitting Be Removed From The Jurisdiction Of Palm / Beach County Department of Environmental Resources Management And That Dock l Permitting Be Provided By The U. S. Army Corps Of Engineers. Commissioner Orthwein moved and Commissioner Armour seconded that Resolution No. 96 -1 be adopted. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; 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 9:45 A.M. Rita L. Taylor, Town Clerk