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HomeMy Public PortalAbout03/14/1997March 7, 1997 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross Robert W. Hopkins II Joan K. Orthwein REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA ON FRIDAY, MARCH 14, 1997, AT 10:30 A.M., IN 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 and Public Hearing of 2- 14 -97. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings & Public Hearings 1. Certification of Election on March 14, 1997 at NOON 2. April 18, 1997 at 9:00 A.M. 3. May 9, 1997 AT 9:00 A.M. 4. June 13, 1997 AT 9:00 A.M. 5. July 18, 1997 AT 9:00 A.M. to be confirmed B. Resolution of Appreciation Number 97 -3 to Dr. A. Curtis True VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Mark Marsh, Digby Bridges, Marsh and Associates, as agent for Harry & Deborah CSargeant, owners of the property located at 1420 N. Ocean Blvd., Gulf Stream, Florida which is legally described as Lots 11, 11A and 12, McLouth Subdivision. a. SUBDIVISION -To permit the separation of this parcel into two parcels of 40,900 square feet and 52,111 square feet of effective lot area. b. LAND CLEARING PERMIT -To permit the removal and /or relocation of existing significant vegetation and to add fill. c. VARIANCE -To permit a zero foot setback in the required 15 foot east side yard setback for the construction of a dock. d. VARIANCE -To permit an existing non - conforming minor accessory structure to remain in the absence of a primary structure. e. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the demolition of the existing home and the construct- ion of a new 2 -story single family dwelling of 12,801 square feet. 2. An application submitted by Mark Marsh, Digby Bridges, Marsh and Associates, as agent for Dan Sargeant, owner of the property located at 1414 N. Ocean Blvd., Gulf Stream, Florida which is legally described as Lot 12, McLouth Subdivision. M kyt • up a. LAND CLEARING PERMIT -To permit the removal and /or relocation of significant vegetation and to add fill. b. VARIANCE -To permit a zero foot setback in the required 15 foot west side yard setback for construction of a dock. t� c. VARIANCE -To exclude 300 square feet of roof project- ions from the maximum floor area calculation. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit con- struction of a new 2 -story single family dwelling consisting of 10,689 square feet. VIII. Reports. A. Town Manager 1. Repair of East Chamber Doors B. Town Attorney C. Architectural Review and Planning Board 1. Meeting Dates a. March 26, 1997 at 8:30 A.M. b. April 23, 1997 at 8:30 A.M. c. May 28, 1997 at 8:30 A.M. d. June 25, 1997 at 8:30 A.M. D. Gulf Stream Historic Highway Committee 1. Recommendation to approve a Request for Proposals for Landscape Design and Construction Administration Services for State Road AlA In The Town Of Gulf Stream. E. Finance Director 1. Financial Report for February, 1997 F. Police Chief 1. Activity Report for February, 1997 G. Construction in Progress in February, 1997 IX. Items for Commission Action. A. Appointment of an Alternate Member for the Architectural Review and Planning Board B. Items by Commissioners J X. Correspondence. A. Resolution 14, 1997 opposing the high speed rail going through the City of Palm Beach Gardens, Florida, and opposing the Florida Department of Transportation expenditure of 7.1 million dollars for a high speed rail transportation study; supporting expenditures by the Florida Dept. of Transportation for higher priority transportation needs. XI. Public. XII. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN 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. MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA ON FRIDAY, MARCH 14, 1997, AT 10:30 A.M., IN 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. Vice Mayor Armour led the Pledge. III. Roll Call. Present and William F. Koch, Jr. Mayor Participating: Alan I. Armour Vice Mayor James E Cross Commissioner Robert W. Hopkins II Commissioner Joan K. Orthwein Commissioner Also Present and Participating: E. Scott Harrington John Randolph Rita Taylor William Thrasher Robert Schultz A. Curtis True, M.D Town Manager Town Attorney Town Clerk Finance Director Police Chief Past Commissioner IV. Minutes of the Recrular Meeting and Public Hearing of 2- 14 -97. Commissioner Armour moved and Commissioner Cross seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals. arrangement of agenda items. The Town Clerk requested to add the following and there were no objections: Items VII.A.1. and VII.A.2., letters of opposition from neighbors and requests for a continuance from the applicants; Item VIII.A.2., a Workplace Safety Manual; and IX.A., Letters from Joel Strawn and Perry O'Neal offering to serve on the ARPB. law A. Regular Meetings & Public Hearings 1. Certification of Election on March 14, 1997 at NOON 2. April 18, 1997 at 9:00 A.M. 3. May 9, 1997 at 9:00 A.M. 4. June 13, 1997 at 9:00 A.M. 5. July 18, 1997 at 9:00 A.M. to be confirmed All of these dates were confirmed after having been announced by Mayor Koch. The Town Manager advised that there would be a Budget Presentation at the meeting on July 18, 1997 and a proposed millage rate established for 1997 -1998. Town Commission Regular Meeting & Public Hearing March 14, 1997 page 2 B. Resolution of Appreciation Number 97 -3 to Dr. A. Curtis True Dr. True was asked to step forward from the audience and Mayor Koch asked the Town Clerk to read Resolution No. 97 -3 in full which expressed the appreciation of the Town and the Commission for the service Dr. True had given while serving as a Town Commissioner for four and one -half years. Commissioner Armour moved and Commissioner Orthwein seconded that Resolution No. 97 -3 be adopted and all voted AYE at roll call. Dr. True thanked the Commissioners. VII. A. Applications for Development Approval 1. An application submitted by Mark Marsh, Digby Bridges, Marsh and Associates, as agent for Harry & Deborah Sargeant, owners of the property located at 1420 N. Ocean Blvd., Gulf Stream, Florida which is legally described as Lots 11, 11A and 12, McLouth Subdivision. a. SUBDIVISION -To permit the separation of this parcel into two parcels of 40,900 square feet and 52,111 square feet of effective lot area. b. LAND CLEARING PERMIT -To permit the removal and /or relocation of existing significant vegetation and to add fill. c. VARIANCE -To permit a zero foot setback in the required 15 foot east side yard setback for the construction of a dock. d. VARIANCE -To permit an existing non - conforming minor accessory structure to remain in the absence of a primary structure. e. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the demolition of the existing home and the construct- ion of a new 2 -story single family dwelling of 12,801 square feet. 2. An application submitted by Mark Marsh, Digby Bridges, Marsh and Associates, as agent for Dan Sargeant, owner of the property located at 1414 N. Ocean Blvd., Gulf Stream, Florida which is legally described as Lot 12, McLouth Subdivision. a. LAND CLEARING PERMIT -To permit the removal and /or relocation of significant vegetation and to add fill. b. VARIANCE -To permit a zero foot setback in the required 15 foot west side yard setback for construction of a dock. c. VARIANCE -To exclude 300 square feet of roof project- ions from the maximum floor area calculation. Town Commission Regular Meeting & Public Hearing March 14, 1997 page 3 d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit con- struction of a new 2 -story single family dwelling consisting of 10,689 square feet. Town Manager Harrington called attention to the two letters received from Mark Marsh, Agent for Mr. & Mrs. Harry Sargeant and Dan Sargeant, requesting a continuance for the Applications for Development Approval. He advised that the Architectural Review and Planning Board had recommended that the applications not be approved and the applicants are now considering their options for moving ahead with these projects. Commissioner Armour moved that the application from Mr. & Mrs. Harry Sargeant and the application from Dan Sargeant be continued to the meeting of April 18, 1997 at 9:00 A.M. and the motion was seconded by Commissioner Orthwein. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. The Town Clerk advised that letters expressing opposition to these applications from James P. Neeves and Joseph McCarthy will be made a part of the application files. VIII. Reports. A. Town Manager 1. Repair of East Chamber Doors Town Manager Harrington reported that several of the windows on the Town Hall have rotted out and that he contacted the manufacturer of the windows about this condition and the manufacturer has agreed to replace them at no cost to the Town. He further reported that the manufacturer requested that the Town obtain two bids for this work from local contractors, and that he has done this. Mr. Harrington went on to remind that the east doors of the meeting hall are still leaking when it rains and that he had contacted six different contractors to request a bid for their repair. He reported that only two of the six contacted were interested in the job. He further reported that he had asked them to bid the replacement of the windows and the repairs to the doors separately, and that the lowest bid for both jobs was from the same contractor. Mr. Harrington stated that the lowest bid for the doors was about $2,500 and that he is bringing this before the Commission due to the fact that there may not be adequate funds in the building maintenance account and it may be necessary to take funds from the contingency fund or some other line item in the budget. Commissioner Orthwein moved and Commissioner Cross seconded that the Town Manager be authorized to contract for the repair of the doors at the bid price, with funds to be taken from the building maintenance account and any other appropriate account in the event there are not adequate funds in the maintenance account. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. Town Commission Regular Meeting & Public Hearing March 14, 1997 page 4 2. Workplace Safety & Health Manual Town Manager Harrington called attention to the Manual and explained that this had been prepared not only for the benefit of the employees but that by having this in place, it has made possible the reduction of the Worker's Compensation Insurance premium by 2 to 5 percent. B. Town Attorney C' There was no report from the Town Attorney. C. Architectural Review and Planning Board 1. Meeting Dates a. March 26, 1997 at 8:30 A.M. b. April 23, 1997 at 8:30 A.M. c. May 28, 1997 at 8:30 A.M. d. June 25, 1997 at 8:30 A.M. Mayor Koch called attention to these dates. D. Gulf Stream Historic Highway Committee 1. Recommendation to approve a Request for Proposals for Landscape Design and Construction Administration Services for State Road AIA In The Town Of Gulf Stream. In the absence of a representative from the Gulf Stream Historic Highway Committee, Town Manager Harrington reviewed the Request for Proposals for Landscape Design and Construction Administration Services for State Road AlA in the Town of Gulf Stream. He reported that the Committee has recommended that this Request for Proposals be approved. Mr. Harrington explained that it is important to move ahead as fast as possible so that a consultant can be selected in May. He pointed out that he would like to advertise this on March 23 and March 30 with the deadline for submitting proposals being May 1, 1997. Mr. Harrington advised that he planned to advertise in local papers and that he was in the process of obtaining the names of Landscape Architects in Palm Beach County and other counties to the north and south from their professional association. Mayor Koch suggested that the advertising be more wide spread, to which Mr. Harrington agreed. The Town Manager advised that the Historic Highway Committee would review the proposals and prepare a short list of three to five candidates who will then make presentations to the Committee and the Town Commission at a joint meeting in May. Mr. Harrington further advised that the Grant for this landscaping will also V cover the cost of decorative signs at each end of Town along with curbing intermittently where deemed to be appropriate. All Commissioners agreed that this will be a very large undertaking with a great deal of cooperation being sought from adjacent property owners. Town Commission Regular Meeting & Public Hearing March 14, 1997 page 5 Commissioner Orthwein moved and Commissioner Armour seconded that the Request for Proposals be approved and that the joint meeting with the Historic Highway Committee for selection of a consultant be held on May 21, 1997 at 8:30 A.M. in the Commission Chambers of Town Hall. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. E. Finance Director 1. Financial Report for February, 1997 Mr. Thrasher reported the cash balance at the end of February, 1997 was $46,161, and pointed out that $27,921 was received in Ad Valorem Taxes and $67,673 for water consumption. He went on to report that Invested Funds now total $834,493, with $716,737 being in the General Fund. Mr. Thrasher then reported a year -to -date Net Revenue Surplus in the amount of $53,194 in the General Fund and year -to -date Net Revenue of $43,343 in the Water Fund. Commissioner Armour moved and Commissioner Orthwein seconded that the report be approved as presented. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. F. Police Chief 1. Activity Report for February, 1997 Chief Schultz presented his statistical report and added that firearms training had been held for the entire department with all officers qualifying, a criminal intelligence meeting had been attended by Detective Sindone at the Palm Beach County Sheriff's office, and Officer Haseley had attended human diversity training at Broward Community College, which is mandatory. The Chief further reported that former First Lady Barbara Bush had been in Gulf Stream visiting friends and that he, the Deputy Chief and the Sergeant had attended a seminar on Microsoft Office Programs in West Palm Beach. Chief Schultz closed by reporting that during the month of February, his department handled construction site problems on 26 occasions which consumed approximately six and one -half man hours. G. Construction in Progress in February, 1997 The report revealed there to be $10,652,652 worth of construction in progress in February, 1997. Ix. A. Appointment of an Alternate Member for the Architectural Review and Planning Board Mayor Koch called attention to the two letters from Town residents offering to serve as an Alternate Member of the ARPB. The letters were from Joel Strawn and Perry O'Neal. All members of the Commission agreed that they are fortunate to have two such fine citizens willing to serve. Town Manager Harrington, when asked for his comments, stated that he felt these were both men that would serve well and his only concern is Town Commission Regular Meeting & Public Hearing March 14, 1997 page 6 that the Commission appoint an Alternate that will be available all year as there are three regular members on the ARPB who leave town for the entire summer and it is very difficult to obtain a quorum without having to change meeting dates. He pointed out the Code provides that there must be three affirmative votes of the Board to approve a project. He felt that it is unfair to the applicant to have less than a full Board, adding that the applicant has a right to request a full Board, if one is not present, that is granted in the provisions of the Code. It was pointed out that Mr. O'Neal leaves in the summer but Commissioner Orthwein stated that he comes back for meetings of another organization each month and she believed that he would do so for ARPB meetings as well. Commissioner Armour suggested that perhaps the Code should be changed to provide for three Alternates, rather than just two. Attorney Randolph stated this could be done with just a simple Ordinance and two readings of same. Mr. Randolph questioned if Mr. O'Neal, in his positions as President of the Civic Association and the Homeowners Sewer Association, would be taking sides in issues that may come before the ARPB. He reminded that, should this be the case, Mr. O'Neal would have a conflict of interests. Commissioner Armour then moved that the Code be amended to provide for three Alternate Members on the ARPB and the motion was seconded by Commissioner Hopkins. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. Commissioner Hopkins stated he would be happy to support Mr. O'Neal when it has been ascertained that he will be available for summer meetings and that he will have no conflict of interest. He then moved that Joel Strawn be appointed as an Alternate Member on the ARPB to fill the existing opening. The motion died for lack of a second. Commissioner Armour stated that Mr. O'Neal is present for most of the meetings of both the ARPB and the Commission and is familiar with what the Town encourages in the way of development. Having said that, Commissioner Armour moved and Commissioner Cross seconded that Mr. O'Neal be appointed to fill the current vacancy on the ARPB. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. Mayor Koch stated that Mr. Strawn would have withdrawn his name had he been aware that there would be another suitable candidate, as he had written the letter as a good citizen because no one had shown a serious interest in the position. B. Items by Commissioners Commissioner Armour questioned when the recommendations for changes in the Design Manual would be coming from the ARPB and was advised by Mr. Harrington that he had anticipated that it would be in April but it may be more likely to be in May, 1997. Town Commission Regular Meeting & Public Hearing March 14, 1997 page 7 Commissioner Armour then questioned why FP &L is trimming the pine trees. Town Manager Harrington stated that the Town had contacted FP &L about trimming only those branches that were close to the wires as it is very dangerous, and costly, for others to do so. He advised that he will be ^ meeting with FP &L regarding the quality of work they have done. �j X. Correspondence, A. Resolution 14, 1997 opposing the high speed rail going through the City of Palm Beach Gardens, Florida, and opposing the Florida Department of Transportation expenditure of 7.1 million dollars for a high speed rail transportation study; supporting expenditures by the Florida Dept. of Transportation for higher priority transportation needs. This was made a part of the official record. XI. Public. There was no comment from the Public. XII. Adjournment. Mayor Koch adjourned the meeting at 11:58 A.M. on a motion to do so made by Commissioner Armour which was seconded by Commissioner Cross with all voting in the affirmative. Rita L. Taylor, wn Clerk