Loading...
HomeMy Public PortalAbout06/20/1997O ill 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