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Home My Public Portal About04/19/1996April 12, 1996 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross Joan K. Orthwein A. Curtis True, M.D. REGULAR MEETING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, APRIL 19, 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 A. Regular Meeting and Public Hearing held on March 8, 1996. B. Certification of Election Results held on March 15, 1996. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Meeting Dates 1. Regular Meeting to be held on May 10, 1996 at 9 A.M. 2. Regular Meeting /Public Hearing -June 7, 1996 at 9 A.M.(confirn 3. Regular Meeting /Public Hearing -July 19, 1996 at 9 A.M.(confirn 4. Regular Meeting /Public Hearing - August 7, 1996 at 9 A.M. VII. Reports. A. Town Manager 1. Septic Tank /Water Quality Progress Report 2. White lines & reflectors on corners 3. Little Club Drainage System Improvement Progress Report B. Town Attorney C. Architectural Review & Planning Board 1. No April Meeting D. Finance Director 1. Report for February, 1996 2. Report for March, 1996 E. Police Chief 1. Report for March, 1996 F. Construction in Progress 1. Report for March, 1996 VIII. Items for Commission Action. A. Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery 1. Resolution #96 -3 B. Authorization to abate nuisances and lien property for failure to reimburse the Town. C. Appointment of a Second Alternate to represent the Town at the Palm Beach County Multi- jurisdictional Issues Forum. D. Reorganization 1. Election of the Mayor 2. Election of the Vice Mayor 3. Appointment of 2 members for the ARPB (3 yr. term each) E. Items by Commissioners April 12, 1996 X. Public. XI. 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. F.S.S. 286.0105. I AGENDA CONTINUED IX. Correspondence. A. Request for a resolution opposing the Presidents recommendations and urging the continuing funding of beach renourishment- Representative Clay Shaw. B. Supporting House Bill 107 entitled "Lottery Accountability Act of 1996 ". 1. Resolution #25 -96; City of Delray Beach 2. Resolution #35 -96; City of Lake Worth 3. Resolution #465; Town of Palm Beach Shores C. Resolution #9, 1996 supporting the dissolution of the South Lake Worth Inlet District -Town of Lake Park D. Endorsing a policy of zero tolerance for graffiti. 1. Resolution:96 -14; Village of Royal Palm Beach 2. Resolution #52 -96; City of Boca Raton X. Public. XI. 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. F.S.S. 286.0105. I MINUTES OF THE REGULAR MEETING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, APRIL 19, 1996 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. Mayor Koch led the Pledge of Allegiance. III. Roll Call. Q Present ana i?illiam F. Koch, Jr. Mayor participating: :lames E. Cross Commissioner Joan K. Orthwein Commissioner A. Curtis True, M.D. Commissioner Absent with notice: Alan I. Armour Vice Mayor Also Present & E. Scott Harrington Town Manager participating: Scott Hawkins Assistant Town Attorney Rita Taylor Town Clerk William Gwynn Finance Director Robert Schultz Police Chief William Lynch Pres. Place Au Soleil Assoc. Perry O'Neal Pres. G. S. Civic Assoc. IV. Minutes; A. Regular Meeting and Public Hearing held on March 8, 1996. Commissioner Cross moved and Commissioner True seconded that the minutes of March 8, 1996 be approved as circulated and all voted AYE. B. Certification of Election Results held on March 15, 1996. Commissioner Cross moved and Commissioner True seconded that the minutes of March 15, 1996 be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. The Town Clerk requested that Item IX.A. ., a of for a Resolution to continue funding for beach renourishment made by Palm Beach County Municipal League, be added. There were no objections. VI. Announcements. A. Meeting Dates 1. Regular Meeting to be held on May 10, 1996 at 9 A.M. 2. Regular Meetinq /Public Hearing -June 7, 1996 at 9 A.M.(confirm) 3. Regular Meeting /Public Hearing -July 19, 1996 at 9 A.M.(confirm) 4. Regular Meeting /Public Hearing- August 7, 1996 at 9 A.M. These announcements were made by the Town Clerk. The June 7, 1996 meeting was confirmed as announced. The July 19, 1996 is to be confirmed by each Com- missioner via phone communication with the Town Clerk. C1 VII. Reports. A. Town Manager 1. Septic Tank /Water Quality Progress Report. Town Manager Harrington reported that he was in the process of analyzing reports from the engineers on Septic Tank /Water Quality Testing that was recently completed for the Village of Tequesta and Town of Jupiter. Mr. Perry O'Neal confirmed that a few samples had been taken in Gulf Stream by an environmental technician, who resides in Gulf Stream, at the direction of the Civic Association, for the purpose of establishing an estimated cost for a study. He advised that the results are not yet available. Mr. Harrington advised that he would like to meet with the technician to discuss the results. Mr. O'Neal stated that he was in favor of that. Regular Meeting -Town Commission April 19, 1996 page 2 2. White lines & reflectors on corners Mr. Harrington explained that the concrete traffic buttons and pyramids are reappearing on the local streets. He reminded that the Commission had established a policy a few years previously that these would not be permitted in the right -of -way. He went on to advise that most of these have been placed at the corners where vehicles cut too short and drive off the paved C surface onto the landscaped area. Mr. Harrington suggested that white, reflective lines be painted on the pavement at the corners to more clearly define the edge of the pavement and asked for Commission direction in pursu- ing this. He advised that this was done on the corner Old School Road and Wrightway Drive and seemed to help. He furthur advised that it would be possible to use the Palm Beach County bid for this type of work, making it unnecessary to go through the bidding process. The Commissioners directed the Town Manager to obtain a price for what was needed for Commission consider- ation at a future meeting. 3. Little Club Drainage System Improvement Progress Report. Mr. Harrington reported that he had just received the report from the engineers and had not had an opportunity to review it. He advised that the Little Club plans a major irrigation improvement this summer and that may be a time for some drainage improvements. Mayor Koch reminded that the Town will have to share costs in drainage improvements under the existing agreement with the Club. Mr. Harrington advised that he will be meeting with officials of the Club after he reviews the engineers report. B. Town Attorney There was no report from the Attorney. C. Architectural Review and Planing Board. 1. No April Meeting. Town Manager Harrington made this announcement but assured there will be a meeting held in May, 1996 that is scheduled for May 22, 1996 at 8:30 A.M. D. Finance Director 1. Report for February, 1996 2. Report for March, 1996 Commissioner True moved and Commissioner Cross seconded that each report be approved as submitted. Roll Call for each: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. E. Police Chief 1. Report for March, 1996 Police Chief Robert Schultz presented the activity report for March, 1996 and closed by announcing that a new officer was hired on March 18, 1996, Gary Tornquist, who has 4� years previous police experience on NJ State Police Department. F. Construction in Progress 1. Report for March, 1996 The report reflected there to be $6,697,882 worth of construction in progress in March, 1996 in Gulf Stream. VIII. Items for Commission. A. Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery 1. Resolution #96 -3; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY AS AMENDED BY MODIFICATION #1 TO STATE- WIDE MUTUAL AID AGREEMENT DATED OCTOBER 21, 1994; PROVIDING AN EFFECTIVE DATE. Regular Meeting -Town Commission April 19, 1996 page 3 The Town Manager explained that this agreement was prepared by the State of Florida and therefore there are no changes permitted in that all municipalit- ies are given the opportunity to join in the agreement and the provisions must be the same for everyone. He added that if Gulf Stream were not a part of this agreement, outside assistance in the event of an emergency would not be assured and funding assistance for the Town and its residents would be very slow and might even not be available. QCommissioner Orthwein moved and Commissioner True seconded the adoption of Resolution #96 -3. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. B. Authorization to abate nuisances and lien property for failure to reimburse the Town. Town Manager Harrington reported that the property at 800 Tangerine Way, Lot 16, Place Au Soleil, owned by Mary Bordeman is still not being properly maintained and has been once again declared a nuisance. He reminded that this had been done a few years previously and that the cost had been covered with 50% being paid thru donations and the remainder paid by Mrs. Bordeman. Mr. Harrington stated it does not appear that any maintenance has been done since that time. He advised that it had been suggested by the Place Au Solei] Homeowners Association that a tall hedge be planted on the right -of -way in front of the property to screen it from view. He further advised that there is a circular driveway at this property and half of it is not used as evidenc- ed by weeds growing thru the stone to a height of over`one.foot. He suggested that this one half of the driveway be declared abandoned and the proposed hedge planted across it. Mr. Harrington then called attention to a letter from Mrs. Bordeman objecting to having a hedge in front of her property and to having the use of one half of the driveway eliminated. He advised that he had notified Mrs. Bordeman that this matter would be on this agenda and suggested she attend the meeting. He added that she apparently chose to write the letter instead. Commissioner Orthwein moved and Commissioner Cross seconded that the Town Manager be authorized to obtain bids to abate the nuisances and that authorization be given to lein the property in the event the Town is not reimbursed for the work. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. Commissioner Orthwein then moved that the Town Manager be directed to discuss the matter of closing one half of the driveway and planting a hedge in front of the property with the Town Attorney and then report to the Commission. The motion was seconded by Commissioner Cross. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. C. Appointment of a Second Alternate to represent the Town at the C Palm Beach County Multi- jurisdictional Issues Forum. Town Manager Harrington explained that Mayor Koch is the official representa- tive and Vice Mayor Armour is the alternate. He further explained that he is the Chairman of the Planning Directors Sub - committee of the Forum and attends most of the meetings. He requested to be appointed as the second alternate in order that he will be able to vote on issues that come before the Forum in the event that neither the Mayor or Vice Mayor are present. Commissioner True moved and Commissioner Orthwein seconded that Town Manager Harrington be appointed as the second alternate member to represent the Town at the Palm Beach County Multi- jurisdictional Issues Forum. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. Regular Meeting -Town Commission April 19, 1996 page 4 D. Reorganization 1. Election of the Mayor Commissioner Orthwein nominated William F. Koch, Jr. for the officer of Mayor. There were no other nominations and Commissioner True moved that the nominations be closed and one unanimous ballot cast for o William F. Koch, Jr. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. 2. Election of the Vice Mayor Commissioner Orthwein nominated Alan I. Armour for the office of Vice Mayor. There were no other nominations and Commissioner Orthwein moved that the nominations be closed and one unanimous ballot cast for Alan I. Armour for Vice Mayor. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. 3. Appointment of 2 members for the ARPB (3 year term each) Town Manager Harrington advised that the terms of Sara Winston and William Lynch are expiring and that they are each eligible for reappointment under the provisions of the code. Commissioner True moved and Commissioner Orthwein moved to reappoint Sara Winston and William Lynch to three year terms each on the Architectural Review and Planning Board. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. IX. Correspondence. A. Request for a resolution opposing the President's Recommendations and urging the continuation of -- funding for beach'renourishment. 1. Letter from Clay Shaw. 2. Resolution #96 -3 from Palm Beach County Municipal League Town Manager Herrington explained that in the past the Federal Government has funded a good portion of the beach restoration costs but there is a proposal to withdraw funding for Projects which are not "Nationally Significant ". He pointed out that there have been several restoration, projects in Palm Beach County, two of which are in Ocean Ridge and Delray Beach. He added that while the Town of Gulf Stream has not, and does not intend in the future to apply for any federal funding for beach restoration, it does benefit from the projects of the neighboring towns. Mr. Harrington advised that the staff has prepared Resolution #96 -4 in the event the Commission cared to respond to the requests from Clay Shaw and the Palm Beach County Municipal League. The Town Clerk read the following by title: RESOLUTION NO. 96 -4; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM OPPOSING RECOMMENDATIONS IN THE PRESIDENTS 1996 BUDGET REQUEST WHICH WOULD REMOVE FEDERAL PARTICIPATION IN WATER RESOURCES PROJECTS, INCLUDING BEACH RENOURISHMENT PROJECTS, WHICH ARE NOT "NATIONALLY SIGNIFICANT' C RECOMMENDING THAT THE CURRENT FEDERAL CRITERIA FOR PARTICIPATION AND COST - SHARING BE RETAINED, AND OPPOSING ANY FUTURE LEGISLATION WHICH MAY ELIMINATE OR LIMIT FEDERAL PARTICIPATION IN SUCH EFFORTS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Commissioner Orthwein moved and Commissioner True seconded that Resolution #96 -4 be adopted. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, and Mayor Koch; AYE. B. Supporting Iiouse Bill 107 entitled "Lottery Accountability Act of 1996 ". 1. Resolution #25 -96; City of Delray Beach 2. Resolution #35 -96; City of Lake Worth 3. Resolution #465; Town of Palm Beach Shores These were made a part of the official record. Regular Meeting -Town Commission April 19, 1996 page 5 C. Resolution #9, 1996 supporting the dissolution of the South Lake Worth Inlet District -Town of Lake Park. The Town of Gulf Stream had previously passed a similar resolution. D. Endorsing a policy of zero tolerance for graffiti. 1. Resolution 96 -14; Village of Royal Palm Beach 2. Resolution #52 -96; City of Boca Raton OThese were made a part of the official record. X. Public. William Lynch, President of Place Au Soleil Homeowners Association, advised that he attended a meeting in the City of Delray Beach at which mention was made of a possible rezoning of a portion of North Federal Highway which would include the area west of the Intracoastal Waterway that is directly across from the southern end of Gulf Stream. He stated that there was a proposal to construct 4 -story rental apartmentson this property but it looked as if they would not be over 3 stories at this time. Mayor Koch advised that Pulte Builders were planning some 2 -story buildings just south of Place Au Soleil and perhaps the Town could encourage the City of Delray to keep the entire area to 2 -story buildings. The Town Manager was directed to contact the City Planning Director in Delray Beach to find out exactly what this project is and to write a letter to Delray explaining that the Town would encourage 2 -story buildings. Town Manager Harrington reported that he had been attending the American Planning Association Conference in Orlando at which he, Mr. Skokowski and Mr. Devitt had made a presentation to over 150 persons of the Design Manual. He advised that it was very well received and several copies were sold along with several mail orders taken. Mayor Koch suggested that perhaps the price per copy should be increased. Mr. Harrington advised that the cost more than covers the expense of publishing and mailing. Commissioner True suggested that the decision regarding cost should be left to the Town Manager. There was no action taken regarding this matter. XI. Adjournment. Mayor Koch adjourned the meeting at 10 A.M. on a motion to do so made by Commissioner Orthwein which was seconded by Commissioner Cross with all voting in the affirmative. /?a / � �) Rita L. Taylor Town 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 public hearing on Wednesday, May 22, 1996 at 8:30 A.M., and the Town Commission will hold a public hearing on Friday, June 7, 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 Mark Marsh of Digby Bridges, Marsh and Associates, as agent for Craig Nalen, owner of the property located at 532 Banyan Road, Gulf Stream, Florida 33483, that is legally described as Lot 7, Polo Cove Subdivision, requesting a Special Exception and a Level III Architectural /Site Plan Review to permit construction of a second story addition of 610 square feet and five ground floor additions,consisting of a total of 583 square feet, to an existing non - conforming single family dwelling that fails to meet the combined side setback requirements. 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. 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 in file on 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 PERTIES 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 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: April 29, 1996 TOWN OF GULF STREAM, FLORIDA, ` e Rita L. Taylor, 71" Clerk