HomeMy Public PortalAbout06/20/1997O
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MAYOR: William F. Koch, Jr.
COMMISSIONER: James E. Cross
Joan K. Orthwein
Robert W. Hopkins II
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE
THE TOWN OF GULF STREAM ON FRIDAY, JUNE 20, 1997, AT
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD,
FLORIDA.
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
June 13, 1997
TOWN COMMISSION OF
9:00 A.M., IN THE
GULF STREAM,
IV. Minutes.
A. Regular Meeting /Public Hearing of 5 -9 -97
B. Joint Special Meeting with ARPB of 5 -14 -97
C. Special Meeting of 5 -21 -97
D. Joint Special Meeting with Historic Hwy. Committee of 5 -21 -97
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. Regular Meeting /Public Hearing 7 -18 -97
2. Regular Meeting /Public Hearing 8 -8 -97
at 9:00 A.M.
at 9:00 A.M.
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by Bobby Altman of Altman
Architects as agent for Bob Hartnett, owner of the
property located at 570 Banyan Road, Gulf Stream. Florida,
which is legally described as Lots 2, 2A and 3 in Polo
Cove subdivision.
a. LAND CLEARING PERMIT -To permit construction of a
single family dwelling, which includes the addition of
fill material.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the
demolition of the existing structure and the
construction of a two -story single family dwelling and
bathhouse consisting of 4,572 square feet, and a pool
at the location described herein.
2. An application submitted by Mark Marsh of Digby Bridges,
Marsh and Associates, as agent for Mr. & Mrs. John McGraw,
owners of the property located at 1665 N. Ocean Blvd.,
Gulf Stream, Florida, which is legally described in metes
and bounds in Section 10, Township 46 South, Range 43 East
a. LAND CLEARING PERMIT -TO permit construction of a
dwelling, which includes the addition of fill material
b. NORTH OCEAN BOULEVARD LANDSCAPE DISTURBANCE PERMIT -To
permit alteration of the vegetation and driveway
entrance within the 50' Historic Corridor adjacent to
AlA in preparation for construction of a new dwelling
AGENDA CONTINUED
c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit
construction of a two -story single family dwelling and
accessory structures having a gross floor area of
9,320 square feet at the location stated herein.
3. An application submitted by Mark Pulte of Mark Timothy,
O Inc., as agent for Ocean Breezes, LTD, owner of the
property located at 3120 Gulf Stream Road, Gulf Stream,
Florida, which is legally described as Lot 21 of the Gulf
Stream Properties subdivision.
a. LAND CLEARING PERMIT -To permit construction of a
dwelling, which includes the addition of fill material
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the
demolition of the existing structure and construction
of a new two -story single family dwelling, the gross
floor area of which is 4,482 square feet, at the
location stated herein.
VIII. Reports.
A. Town Manager
B. Town Attorney
C. Architectural Review & Planning Board
1. Meeting Dates
a. June 16, 1997 (Monday) at 8:30 A.M.
b. July 11, 1997 (Friday) at 8:30 A.M.
c. September 24, 1997 (Wednesday) at 8:30 A.M.
D. Finance Director
1. Financial Report for May, 1997
2. Bi- monthly water consumption
E. Police Chief
1. Activity for May, 1997
F. Construction in Progress in May, 1997
IX. Items for Commission Action.
A. Agreement - Mutual Aid for Law Enforcement Agencies
B. Appointments
1. One Town Commissioner
2. One Member for the Architectural Review & Planning Board
C. Contract for Landscape Design & Construction Services for
State Road AlA- Roy- Fisher Associates, Inc.
D. Ordinances
1. No. 97 -2: AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING
CHAPTER 66 OF THE CODE OF ORDINANCES RELATING TO ZONING,
BY AMENDING THE GULF STREAM DESIGN MANUAL IN THE MANNER
AND FORM ATTACHED HERETO; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
(1st reading)
2. No. 97 -3: AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, GRANTING TO
FLORIDA PUBLIC UTILITIES, ITS SUCCESSORS AND ASSIGNS, A
FRANCHISE AND PERMISSION TO CONDUCT A GAS BUSINESS IN THE
TOWN OF GULF STREAM, FLORIDA. (1st reading)
X. Correspondence.
A. Resolutions
1. Supporting legislation expanding the use of the Sewage
Treatment Revolving Fund to include stormwater management
facilities.
a. No. 175 -97; City of West Palm Beach
b. No. R97 -16; Village of Wellington
AGENDA CONTINUED
2. No. 56,1997 requesting that the Insurance Commissioner
review and amend policies and procedures for insurance
coverage, including rates, for all types of insurance for
residents of the State of Florida -Palm Beach Gardens
3. No. 267 urging the Florida Legislature to authorize the
uniform regulation for the use of inline skates, skate-
boards and certain bicycles on sidewalks and other
pedestrian pathways within municipalities. -S. Palm Beach
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. F.S.S. 286.0105
O
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JUNE 20, 1997, 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 A.M.
II.
Pledae of Allegiance. The Pledge of Allegiance was led by Mayor
Koch.
III. Roll Call.
Present and William F. Koch, Jr.
Participating: James E. Cross
Robert W. Hopkins II
Joan K. Orthwein
Also Present and E. Scott Harrington
Participating: John Randolph
Rita Taylor
William Thrasher
Robert Schultz
Mark Marsh
Mark Pulte
Bobby Altman
James Wolter
Chuck Stein
Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Attorney
Town Clerk
Finance Director
Police Chief
Agent for McGraw
Agent for Ocean Breeze
Agent for Hartnett
Town Resident
Fla. Public Utilities
IV. Minutes,
A. Regular Meeting /Public Hearing of 5 -9 -97
B. Joint Special Meeting with ARPB of 5 -14 -97
C. Special Meeting of 5 -21 -97
D. Joint Special Meeting with Historic Hwy. Committee of 5 -21 -97
Commissioner Hopkins moved that the minutes of each of the above listed
meetings be approved as circulated and the motion was seconded by Com-
missioner Cross. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE,
Comm. Hopkins; AYE, and Mayor Koch; AYE.
V. Additions. withdrawals. deferrals. arrangement of agenda items.
.J The Town Clerk requested to add Items VII.B., Wolter letter
requesting an extension of the Development Approval for an addition to
their dwelling; IX.E., Request for Contingency Funding for Banyan Road
storm drainage repairs; X.B., Letters to Palm Beach County School Board
regarding providing adequate school facilities from the Gold Coast
Builders Association. She further requested that Item VII.A.1., an
application for Development Approval for Bob Hartnett, be moved to the
end of the Public Hearing section of the meeting in that the Agent,
Regular Meeting & Public Hearing
Town Commission -June 20, 1997
page 2
Bobby Altman, had advised that he would be late for the meeting. There
were no objections to any of the additions and changes.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. Regular Meeting /Public Hearing 7 -18 -97 at 9:00 A.M.
2. Regular Meeting /Public Hearing 8 -8 -97 at 9:00 A.M.
O
Mayor Koch made these announcements and then suggested that tentative
dates be set for the two budget meetings to be held in September. He
noted that these can only be tentative as the County Commission and the
School Board will have first choice for September meeting dates, and
they will not be deciding until sometime during the month of July. It
was unanimously agreed that the Regular Meeting would be held at 4 P.M.
on Friday, September 12, 1997 with the Budget Hearing to be held at 5:01
P.M., and the second Budget Hearing would be held at 5:01 P.M. on Friday,
September 26, 1997, provided these dates are not selected by the County
Commission or the School Board.
VII.
A. Applications for Development Approval
1. An application submitted by Bobby Altman of Altman
Architects as agent for Bob Hartnett, owner of the
property located at 570 Banyan Road, Gulf Stream. Florida,
which is legally described as Lots 2, 2A and 3 in Polo
Cove subdivision.
Consideration of this application was moved to the end of the Public
Hearing.
2. An application submitted by Mark Marsh of Digby Bridges,
Marsh and Associates, as agent for Mr. & Mrs. John McGraw,
owners of the property located at 1665 N. Ocean Blvd.,
Gulf Stream, Florida, which is legally described in metes
and bounds in Section 10, Township 46 South, Range 43 East
The Town Clerk administered the Oath to Mr. Marsh. Mayor Koch advised
that he had a brief conversation in the parking lot just before the
meeting with Dick Reifschneider, a representative of Mr. DeSantis, the
neighbor adjacent to the McGraw property on the north side, during which
he was advised that an agreement had been reached between Mr. McGraw and
Mr. DeSantis regarding an objection that had been voiced at the ARPB
Public Hearing in regard to the McGraw project. Commissioners Cross,
Hopkins and Orthwein stated they had no ex -parte communications
regarding this matter and had not visited the site.
Mark Marsh, Agent for Mr. McGraw, advised that Mr. DeSantis had
questioned if the windows on the north side of the McGraw house would be
positioned so as to look directly into Mr. DeSantis' bedroom which was
located on the south side of his home. He further advised that Mr.
McGraw and Mr. DeSantis had spoken and reached an agreement which
Regular Meeting & Public Hearing
Town Commission -June 20, 1997
page 3
included two additional trees being planted on the north side of the
McGraw property. Mr. Marsh presented a site plan and called attention
to the fact that the site was adjacent to the McGraw's current residence
to the south but that this lot was separately titled and not a part of
that property. He noted that the McGraw's wanted a modest residence for
this property and that the living area of the home was only about 5,000
O square feet, but based on the way the Town measures area, the gross
floor area was over 9,300 square feet. This larger area resulted from
the extensive breezeways that are used to connect the garage, guest
quarters and pool area to the main house, he said. He continued his
presentation of the site plan by noting that the house meets or exceeds
all setback requirements and that the few areas of seagrapes that are
within the proposed building pad will be relocated to the perimeter of
the site. He pointed out that the driveway for the new home will be in
the same location as the driveway of the previous home and that the
existing seagrape canopy over the driveway, which will be pea rock,
would be preserved and enhanced.
Mr. Marsh then displayed a perspective of both the front and rear of the
home and called attention to the stucco walls, barrel tile roof,
casement windows with muntins and French doors. According to Mr. Marsh,
the design of the home is a "true" Spanish- Mediterranean style, similar
to the McGraw's existing home. Lastly he requested to change the
breezeway columns from cast stone to 8" by 8" wooden supports.
According to Mr. Marsh, this change would help to further differentiate
this house from the McGraw's other house while still being compatible
with the architecture of the house. He advised that the ARPB had no
objection to this change.
Referring to the Town staff report, Mr. Marsh addressed the following
conditions of approval: 1) He pointed out that the driveway gate on AlA
had been changed and would not exceed eight feet; 2) He advised once
again that the driveway would be composed of pea gravel with a cast
stone curb in a manner similar to the existing home; 3) He advised that
the existing gazebo is east of the Coastal Construction Control Line and
that it would be relocated west of the Line; 4) He also said that the
- existing metal shed would be relocated to comply with the 15 -foot
�J minimum south side setback requirement, would be properly anchored
according to the hurricane code provisions, and would be clad in board
and batten or lattice since the Town did not permit the existing metal
siding; 5) He stated that Mr. McGraw will dedicate the western 30 feet
of the property to the Florida Department of Transportation as right -of-
way for State Road AlA.
Town Manager Harrington briefly reviewed his report noting that while
the gross floor area of the house is significantly inflated by the use
of the breezeways, the home is still more than 1,000 square feet under
Regular Meeting & Public Hearing
Town Commission -June 20, 1997 page 4
the maximum permitted Floor Area Ratio. He recommended approval of the
Land Clearing Permit with the condition that all remaining and relocated
vegetation be adequately protected during construction. He further
recommended approval of the North Ocean Boulevard Landscape Disturbance
Permit in that the proposed gate is now in conformity. Mr. Harrington
concluded by recommending that the Level 3 Architectural /Site Plan
G Review be approved as revised and presented at this Hearing.
a. LAND CLEARING PERMIT -To permit construction of a
dwelling, which includes the addition of fill material
Commissioner Hopkins moved and Commissioner Orthwein seconded that the
Land Clearing Permit be approved based on a finding that the plans and
documents submitted by the applicant meet all applicable standards, with
the condition that all remaining or relocated vegetation shall be
adequately protected during construction. Roll Call: Comm. Orthwein;
AYE, Comm. Cross; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE.
b. NORTH OCEAN BOULEVARD LANDSCAPE DISTURBANCE PERMIT -To
permit alteration of the vegetation and driveway
entrance within the 50' Historic Corridor adjacent to
AlA in preparation for construction of a new dwelling
Commissioner Hopkins moved the approval of a North Ocean Boulevard
Landscape Disturbance Permit based upon a finding that the plans and
documents submitted, with the revised gate design not to exceed 8 feet
in height, meet all applicable permit standards. The motion was
seconded by Commissioner Orthwein. Roll Call: Comm. Orthwein; AYE,
Comm. Cross; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE.
c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit
construction of a two -story single family dwelling and
accessory structures having a gross floor area of
9,320 square feet at the location stated herein.
Commissioner Hopkins moved, and Commissioner Orthwein seconded the
motion, that the Level 3 Architectural /Site Plan Review be approved as
revised and presented at this Public Hearing, based on a finding that
the plans and documents submitted by the applicant are consistent with
all applicable review criteria. Roll Call: Comm. Orthwein; AYE, Comm.
Cross; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE.
3. An application submitted by Mark Pulte of Mark Timothy,
^, Inc., as agent for Ocean Breezes, LTD, owner of the
property located at 3120 Gulf Stream Road, Gulf Stream,
Florida, which is legally described as Lot 21 of the Gulf
Stream Properties subdivision.
The Town Clerk administered the Oath to Mr. Pulte. Mayor Koch asked the
Commissioners to disclose any ex -parte communications or site visits and
all responded they had none to disclose.
Mark Pulte presented colored elevations of the proposed home and noted
that the lot has an existing home that will be torn down. The proposed
home has smooth, pale yellow stucco walls and a white tile roof. In
Regular Meeting & Public Hearing
Town Commission -June 20, 1997
page 5
all, the home has about 3,600 square feet under air and a total area of
about 4,400 square feet, he said.
Turning to the proposed landscaping, Mr. Pulte said that all perimeter
hedging will be preserved except in two areas where it will be replaced
with a new ficus hedge and fence. He went on to say that the lot had
O little other existing significant vegetation except for some palms in
the front that will be relocated.
Mr. Pulte said that in working through the design, he debated on whether
to have a one -or two -story home but in the end, decided to have a two -
story with dormers in order to obtain the necessary floor area but still
stay in scale with surrounding homes. As a result, he said, the floor
plan was compromised a bit by having two small bedrooms upstairs, but
overall, he was very happy with the design.
Regarding the specifics
staff report suggested
had spoken to the owner
remove the railing from
as he believed the roof
Town.
of the exterior design, Mr. Pulte noted that the
removing the roof railing. He advised that he
regarding the railing and they had decided to
the roof. Mayor Koch was pleased to hear this
railing would be introducing new design in the
Town Manager Harrington referred briefly to his report and advised that
little, if any, fill will be needed as the floor elevation as proposed
is approximately the same as the existing home. He recommended that the
Land Clearing Permit be approved with the condition that all plant
material to be saved or relocated be adequately protected during
construction.
With regard to the proposed home, he noted that the demolition of the
existing house requires a Level 3 Architectural /Site Plan Review, as
does the new house. He stated that the new home as proposed is 4 square
feet under the maximum permitted and staff recommends approval based on
the materials submitted by the applicant.
a. LAND CLEARING PERMIT -To permit construction of a
dwelling, which includes the addition of fill material
�J Commissioner Hopkins moved and Commissioner Orthwein seconded the
approval of a Land Clearing Permit based on a finding that the plans and
documents submitted by the applicant meet all applicable permitting
criteria with the condition that all plant material to be saved or
relocated be adequately protected during construction. Roll Call:
Commissioner Orthwein; AYE, Comm. Cross; AYE, Comm. Hopkins; AYE, and
Mayor Koch; AYE.
Regular Meeting & Public Hearing
Town Commission -June 20, 1997 page 6
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the
demolition of the existing structure and construction
of a new two -story single family dwelling, the gross
floor area of which is 4,482 square feet, at the
location stated herein.
Commissioner Hopkins moved that the Level 3 Architectural /Site Plan
O Review be approved for the demolition of the existing home and
construction of the new home based on a finding that the plans and
documents submitted by the applicant are consistent with all applicable
review criteria with the condition that the roof railing is eliminated.
The motion was seconded by Comm. Orthwein. Roll Call: Comm. Orthwein;
AYE, Comm. Cross; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE.
1. An application submitted by Bobby Altman of Altman
Architects as agent for Bob Hartnett, owner of the
property located at 570 Banyan Road, Gulf Stream, Florida,
which is legally described as Lots 2, 2A and 3 in Polo
Cove subdivision.
The Town Clerk administered the Oath to Mr. Hartnett. Mayor Koch asked
the Commissioners to disclose any communications or site visits they
have had regarding this petition. All members responded they had had no
communications and had made no visits to the site.
Mr. Altman began by praising the Design Manual, stating that he has
designed houses throughout the country and that by far this was the best
document of this type he has ever delt with. He also noted that he has
had several discussions with the Town Manager throughout the process and
believed the design of the home was improved by having gone through the
process.
Referring to the site plan, Mr. Altman noted that the home is oriented
to Polo Cove, the Intracoastal and an interior courtyard, thereby making
the design of all four sides very important. He noted that the home has
one- and two -story elements, and that the second floor in the front
consists of an open porch off of the master bedroom. He pointed out the
courtyard wall in the front and the detached "buttery" which will serve
as a bathhouse for the pool area. He added that the overall design of
the home is Bermuda and has stucco walls, a white tile roof with mitered
ridges and a 6/12 slope, and casement windows with muntins and shutters.
Mr. Altman closed his presentation with the landscape plan, stating that
the existing, dense perimeter hedging would remain and that the few
specimen palms in the front would be relocated. In addition, he
continued, several new plantings will be added in the back as well as a
large hedge along the south side of the front that will screen the pool
and fence. Overall, the landscaping will have an informal, tropical
theme including the use of water - dependent species in the retention
areas.
Regular Meeting & Public
Town Commission -June 20,
Mr. Harrington then revil
existing house that will
proposed home. However,
proposed homes are about
needed.
Hearing
1997 page 7
awed his report, reminding that there is an
need to be demolished to make way for the
the first floor elevation of the existing and
the same, resulting in little fill being
0 In regards to the proposed home, Mr. Harrington noted that the gross
floor area of 4,472 square feet was the maximum permitted on this site
and that this figure is based on an Effective Lot Area that does not
include the submerged land in the Intracoastal or the small parcel
located across Banyan adjacent to the cove, which are part of the
platted lot area of the site. Mr. Harrington went on to advise that the
applicant had used the actual property line on the west side to
establish the setback line rather than the effective lot line which
excludes using the submerged land. He stated that he did not notice
this when reviewing the plan as the FAR had been computed based on the
effective lot area which does not include the submerged land. Mr.
Harrington advised that the Design Manual did not state that the
submerged land could not be included in the setback computation but that
he had always interpreted it to be so. Only a portion of the structure
encroaches approximately 3' into the west setback, he said. Mr.
Harrington stated that the applicant is requesting an administrative
ruling from the Commission regarding this issue. He added that in the
new revision to the Manual, it is stated that the setback shall be
determined from the effective lot line and not the property line.
The members of the Commission agreed to accept the rear setback as
proposed, given the ambiguity in the existing Manual and the fact the
issue has been addressed in the Revised Manual.
a. LAND CLEARING PERMIT -To permit construction of a
single family dwelling, which includes the addition of
fill material.
Commissioner Hopkins moved and Commissioner Orthwein seconded the
approval of a Land Clearing Permit based on a finding that the plans and
documents submitted by the applicant, as proposed, meet all applicable
permitting criteria. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE,
Comm. Hopkins; AYE, and Mayor Koch; AYE.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the
demolition of the existing structure and the
construction of a two -story single family dwelling and
bathhouse consisting of 4,572 square feet, and a pool
at the location described herein.
Regular Meeting & Public Hearing
Town Commission -June 20, 1997 page 8
A motion was made by Commissioner Hopkins, which was seconded by
Commissioner Orthwein, to approve the Level 3 Architectural /Site Plan
Review for the demolition of the existing home and construction of a new
home with accessory structures based on a finding that the plans and
documents submitted by the applicant, as proposed, are consistent with
all applicable review criteria. Roll Call: Comm. Orthwein; AYE, Comm.
O Cross; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE.
B. Request for an extension of Development Approval -James Wolter
The Town Clerk read the letter requesting that the Commission
grant a 3 month extension to a previous Development Approval, which
stated that the delay in starting the project was due to some personal
matters that demanded attention. The letter further advised that the
Comerica Bank and Trust in Boca Raton has approved financing and that
construction would commence immediately upon receipt of proper permits.
Mr. Wolter was present and confirmed that the statements in the letter
were valid.
Town Manager Harrington advised that the original approval for this
project had expired on November 29, 1996 and that an extension had been
requested on December 13, 1996 for an additional 12 months. At that
time, the Commission granted a 6 month extension due to there having
been given no explanation for the delay of the project. The 6 month
extension expired on May 13, 1997, he said. Mr. Harrington went on to
explain that the Design Manual has been revised since the last extension
was given and the design would require approval of a Special Exception
under the Revised Manual. Mr. Harrington further explained that at the
time the plans were first reviewed it was noted that the design included
a very large expanse of glass without muntins, which was discouraged and
now prohibited. Due to there being the same design on the other end of
the elevation, and in consideration of the large cost to change the
existing windows to include muntins, approval was given to the design as
requested. To approve the unlimited use of a prohibited element now
requires approval of a Special Exception.
Commissioner Orthwein moved that a 3 month extension be granted, that
being to September 20, 1997. The motion was seconded by Commissioner
Hopkins. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm.
Hopkins; AYE, and Mayor Koch; AYE.
VIII.
A. Town Manager
There was no report from the Town Manager.
B. Town Attorney
There was no report from the Town Attorney.
Regular Meeting & Public Hearing
Town Commission -June 20, 1997
page 9
C. Architectural Review & Planning Board
1. Meeting Dates
a. July 11, 1997 (Friday) at 8:30 A.M.
b. September 24, 1997 (Wednesday) at 8:30 A.M.
These dates were announced by Mayor Koch.
D. Finance Director
1. Financial Report for May, 1997
Mr. Thrasher reported the cash balance at the end of May, 1997 was
$10,086, and that the total amount of revenues received in May was
$63,387 with $10,296 being from water consumption fees. He further
reported that invested funds now total $733,658 with $615,902 being in
the General Fund. Mr. Thrasher reported a favorable net revenue
variance in May of $11,633 and a favorable net variance for the fiscal
year through May 31, 1997 of $59,851. Mr. Thrasher reported that the
Delray Beach master meter is still malfunctioning and that, in the Water
Fund, there is a favorable variance in total revenues collected for the
8 month period ended May 31, 1997 in the amount of $15,022.
Commissioner Orthwein moved that the Financial Report be approved as
presented and Commissioner Hopkins seconded the motion. Roll Call:
Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Hopkins; AYE, and Mayor
Koch; AYE.
2. Bi- monthly water consumption
Mr. Thrasher reported that water consumption has decreased 3.23% as
compared to the same time last year and the consumption is down 23.12%
from the Base Year of 1988 -1989.
E. Police Chief
1. Activity for May, 1997
Chief Schultz presented the Department's activity report for May, 1997
and then reported that Officer Sindone had attended the Palm Beach
County intelligence meeting at the Sheriff's Office. He further
reported that he had attended the Palm Beach County Chiefs of Police
business meeting and the Palm Beach County LEMN meeting, along with Sgt.
Allen, and that a local hurricane preparedness meeting had been held at
noon following the LEMN meeting.
F. Construction in Progress in May, 1997
The report revealed there to be $10,413,634 worth of construction in
�1 May, 1997.
Ix.
A. Agreement - Mutual Aid for Law Enforcement Agencies
The Town Clerk advised that this proposed agreement replaces the Mutual
Aid Agreement that is expiring. Chief Schultz confirmed that it is
identical to the current agreement and that the Department is only
required to provide the amount assistance it deems is available.
Regular Meeting & Public Hearing
Town Commission -June 20, 1997
page 10
Commissioner Orthwein moved that the Mutual Aid Agreement for Law
Enforcement Agencies be executed and the appropriate officials be
authorized to do so. The motion was seconded by Commissioner Hopkins.
Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Hopkins; AYE,
and Mayor Koch; AYE.
B. Appointments
1. One Town Commissioner
C% Mayor Koch called attention to a list of three persons who had been
recommended to fill the vacancy on the Commission created by the
resignation of Alan I. Armour. These are Rob Dittman, Harry Kates and
William Lynch. Commissioner Cross nominated all three for consideration
and the motion was seconded by Commissioner Hopkins with all voting AYE.
Ballots were then distributed to the Commissioners listing the three
names. William Lynch was elected by unanimous vote.
The Town Manager explained that the term will run to March, 1998 at
which time it will be necessary to hold a special election for this
seat.
2. One Member for the Architectural Review & Planning Board
Mayor Koch noted that by appointing William Lynch to the Commission, a
second vacancy has been created on the Architectural Review and Planning
Board. Commissioner Hopkins moved and Commissioner Orthwein seconded
that both vacancies be filled at this time in that there are six persons
who have requested to be considered for an appointment to the ARPB. All
voted AYE at roll call. It was then unanimously agreed to include the
two Alternate Members on the ARPB for consideration with the
understanding that the Alternates would remain in their positions if
they were not chosen to move into a regular member status.
Commissioner Hopkins went on record advising that he had spoken to each
of those who had shown interest in serving and he felt that any of them
would be an asset to the Board. He was pleased at the amount of
interest that was shown.
Commissioner Orthwein nominated the following persons for consideration:
Peter G. Ballas II, M.D., Caron Dockerty, Charles James Frankel III, E.
Hewlett Kent, Marjorie P. McGraw, Stormet C. Norem, Perry O'Neal and
.i' Bettina Smith. The nominations were seconded by Commissioner Hopkins and
all voted AYE at roll call. A ballot prepared by the Town Clerk listing
these persons was distributed to the Commissioners. Mayor Koch directed
that each candidate be ranked by giving the first choice number one, the
second choice number 2 etc. The candidate with the lowest total would
be selected.
The Town Manager and Town Clerk tallied the votes and found that
Marjorie McGraw received the lowest number with Hewlett Kent receiving
the second lowest number. The Town Manager advised that Mrs. McGraw
Regular Meeting & Public Hearing
Town Commission -June 20, 1997
page 11
would complete the term of Mrs. Souder to 2000 and Mr. Kent would
complete the term of Mr. Lynch to 1999.
C. Contract for Landscape Design & Construction Services for
State Road AlA- Roy- Fisher Associates, Inc.
Town Manager Harrington presented the proposed contract and advised that
Attorney Randolph had reviewed same for legal sufficiency. Commissioner
Hopkins, noting that Roy- Fisher Associates would be reimbursed on a
Cmonthly basis for work performed, questioned when the Town would be
reimbursed through the Grant as he was concerned about cash flow. Mr.
Harrington advised that the Town would submit an invoice for
reimbursement each time a payment is made to Roy- Fisher and it is
expected the reimbursement would take 30 days. Mr. Harrington further
advised that there will be no problem with cash flow during the design
stage but that the Town must plan ahead for the construction phase,
which is approximately one year away, as the construction will be
completed in a short time and the full amount will be due on completion.
The Town Manager reported that he had planned for this.
Commissioner Orthwein moved and Commissioner Cross seconded that the
Town enter into the proposed contract with Roy - Fisher Associates, Inc.
and that the Mayor and Town Clerk be authorized to execute same. Roll
Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Hopkins; AYE, and
Mayor Koch; AYE.
D. Ordinances
1. No. 97 -2: AN ORDINANCE OF THE TOWN COMMISSION OF THE
'TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING
CHAPTER 66 OF THE CODE OF ORDINANCES RELATING TO ZONING,
BY AMENDING THE GULF STREAM DESIGN MANUAL IN THE MANNER
AND FORM ATTACHED HERETO; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
(1st reading)
Town Manager Harrington called attention to the amended pages that were
prepared at the direction of the Commission and then advised that he
had, with the assistance of Attorney Randolph, determined what types and
sizes of mailboxes are acceptable to the postal department. He further
advised that he had prepared some language to be inserted in the Revised
Design Manual that establishes regulations for mailboxes in Gulf Stream.
J He reviewed what would be "preferred ", "discouraged" and "prohibited ".
The Town Clerk then read Ordinance No. 97 -2 by title.
Commissioner Orthwein moved that Ordinance 97 -2, with the mailbox
regulations included in the Revised Design Manual, be passed on first
reading. The motion was seconded by Commissioner Hopkins. There was no
comment from the public. Roll Call: Comm. Orthwein; AYE, Comm. Cross;
AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE.
Regular Meeting & Public Hearing
Town Commission -June 20, 1997 page 12
2. No. 97 -3: AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, GRANTING TO
FLORIDA PUBLIC UTILITIES, ITS SUCCESSORS AND ASSIGNS, A
FRANCHISE AND PERMISSION TO CONDUCT A GAS BUSINESS IN THE
TOWN OF GULF STREAM, FLORIDA. (1st reading)
Town Manager Harrington advised that the matter of a gas franchise had
come before the Commission several years previously when the gas line
was extended from the south to serve the Bath & Tennis Club. At that
time the Commission did not feel it necessary to have an agreement since
the Club was the only customer and it appeared they would be exempt from
paying the franchise fee due to being a large volume user. However, the
gas line is now to be extended northward to the Gulf Stream Golf Club
and it has turned out that the Bath and Tennis Club does not qualify as
a large volume user and will be subject to the franchise fee, he said.
Mr. Chuck Stein of Florida Public Utilities was recognized and advised
that this is a 30 year agreement but that at any time a rate higher than
the 6% that is provided in this Ordinance is authorized for this area,
Gulf Stream may also amend the Franchise Agreement to increase the rate
to a like amount.
Attorney Randolph advised that he had reviewed the Ordinance and found
it to be the standard Franchise Agreement.
Commissioner Orthwein moved and Commissioner Hopkins seconded that
Ordinance No. 97 -3 be passed on first reading. There was no comment
from the public. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE,
Comm. Hopkins; AYE, and Mayor Koch; AYE.
E. Request for Contingency Funding for storm drainage repairs on
Banyan Road.
Town Manager Harrington reminded that several months previously, the
storm drains in this area had been video taped to determine their
condition. At that time it was discovered that the drain under Banyan
Road just east of the Gulf Stream Road intersection was in a state of
collapse. Mr. Harrington believes this is an immediate safety hazard
and now that the Gulf Stream School is closed for the summer, the line
under Banyan should be replaced at once. He advised that the funds that
were budgeted for storm drainage repair and replacement have been used
and he requested that he be authorized to spend $6,500 from the
Contingency Fund to make this replacement.
Commissioner Orthwein moved that the work described by the Town Manager
be authorized and that the $6,500 be authorized to be taken from the
Contingency Fund. The motion was seconded by Commissioner Hopkins.
Regular Meeting & Public Hearing
Town Commission -June 20, 1997
page 13
Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Hopkins; AYE,
and Mayor Koch; AYE.
R5
A. Resolutions
1. Supporting legislation expanding the use of the Sewage
Treatment Revolving Fund to include stormwater management
facilities.
a. No. 175 -97; City of West Palm Beach
b. No. R97 -16; Village of Wellington
2. No. 56,1997 requesting that the Insurance Commissioner
review and amend policies and procedures for insurance
coverage, including rates, for all types of insurance for
residents of the State of Florida -Palm Beach Gardens
3. No. 267 urging the Florida Legislature to authorize the
uniform regulation for the use of inline skates, skate-
boards and certain bicycles on sidewalks and other
pedestrian pathways within municipalities. -S. Palm Beach
B. Letters to the Palm Beach County School Board regarding
adequate school facilities -Gold Coast Builders Association
The above correspondence 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 10:50 A.M.
f�
Rita L. Taylo , Town Clerk