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HomeMy Public PortalAbout10/24/1997October 17, 1997 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: James E. Cross Robert W. Hopkins II William A. Lynch REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 24, 1997, AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes. A. Regular Meeting of September 12, 1997 B. Public Hearing of September 12, 1997 C. Public Hearing & Special Meeting of September 26, 1997 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. Friday, November 14, 1997 at 9:00 A.M.. 2. Friday, December 12, 1997 at 9:00 A.M. 3. Friday, January 9, 1998 at 9:00 A.M. 4. Friday, February 13, 1998 at 9:00 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. Continued from July 18. 1997 and WITHDRAWN ON OCTOBER 8 1997 -An application submitted by H. Frank Lahage of H. Frank Lahage & Associates, Inc., as agent for Mr. & Mrs. Paul Malnove, the owners of the property located at 1555 N. Ocean Blvd., Gulf Stream, Florida which is legally described in metes and bounds in Section 10, Township 46 South, Range 43 East. a. SPECIAL EXCEPTION -To exclude 296 square feet of roof projections from the maximum floor area calculations. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the addition of two breezeways, roofed and unenclosed, to the dwelling under construction at the location stated herein. VIII. Reports. A. Town Manager 1. Fees for Architectural Review 2. Gulf Stream Historic Highway Landscaping Update 3. Proposed Rezoning of Yake Property (Delray) B. Town Attorney AGENDA CONTINUED C. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 11 -19 -97 at 8:30 A.M. b. Regular Meeting & Public Hearing 12 -17 -97 at 8:30 A.M. C. Regular Meeting & Public Hearing 1 -28 -98 at 8:30 A.M. D. Finance Director 1. Financial Report for September 1997 2. Format for future Financial Reports 3. Closing of the Debt Service Fund for the G.O. Bond 4. Bi- monthly water consumption E. Police Chief 1. Activity for September 1997 IX. Items for Commission Action. A. Appointment of a member for the Gulf Stream Historic Highway Committee. B. Agreement with Florida Public Utilities Company C. ORDINANCE NO. 97 -7; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 34, UTILITIES, BY INCLUDING A NEW ARTICLE V TITLED "STORMWATER CONTROL "; PROVIDING A DEFINITIONS SECTION; PROVIDING FOR PROHIBITIONS; PROVIDING FOR NPDES PERMITS; PROVIDING FOR ILLICIT DISCHARGES; PROVIDING FOR SPILLS AND DUMPING; PROVIDING FOR ENFORCEMENT AND FOR INSPECTIONS AND MONITORING; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. (first reading) D. Resolutions 1. No. 97 -7; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, WHICH SUPERSEDES RESOLUTION 95 -1, ESTABLISHING FEES FOR THE PROCESSING OF APPLICATIONS FOR DEVELOPMENT APPROVAL; PROVIDING FOR THE RECOVERY OF DIRECT COSTS ASSOCIATED WITH THE PROCESSING OF SAID APPLICATIONS; PROVIDING FOR A WAIVER OF SUCH FEES AND EXPENSES; PROVID- ING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. r 1 2. No. 97 -8; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE REAPPROPRIATIONS OF BUDGET EXPENDITURES IN THE GENERAL FUND. X. Correspondence. A. Resolution No. 97 -227 supporting the reauthorization of the Intermodal Surface Transportation Efficiency Act by the U.S. Congress and requesting that the U. S. Congress end the fund- ing inequity that exists for the receipt of funds by the State of Florida. -Town of Hypoluxo B. Resolutions from the Village of Royal Palm Beach 1. #97 -34 supporting the Palm Beach County Municipal League in its recommendation for an amendment to the proposed changes by DERM to Section 9.4 Wetlands Protection of the Unified Land Development Code. 2. #97 -35 supporting the Western Communities Council recom- mendation to support permanent and consistent funding for Regional Planning Councils in the Governor's budget. 3. #97 -36 supporting the Western Communities Council recom- mendation requesting the Palm Beach County Board of County Commissioners invite the Treasure Coast Regional Planning Council to facilitate future planning for the central western communities of Palm Beach County. AGENDA CONTINUED XI. Public. XII. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN nCOMMISSION 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 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 24, 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. Pledge of Allegiance. Mayor Koch led the Pledge of Allegiance. III. Roll Call. Present and William F. Koch, Jr. Mayor Participating:Joan K. Orthwein Vice Mayor William A. Lynch Commissioner Absent with James E. Cross Commissioner Notice: Robert W. Hopkins II Commissioner Also Present and Kristin K. Garrison Town Manager Participating: John Randolph Town Attorney William Thrasher Finance Director Robert Schultz Police Chief IV. Minutes of the Regular Meeting and Public Hearing of September 12. 1997 and the Public Hearing & Special Meeting of September 26, 1997, Commissioner Lynch moved that the minutes be approved as circulated and Commissioner Orthwein seconded the motion. All voted AYE at roll call. V. Additions. withdrawals. deferrals, arrangement of agenda items. Town Manager Garrison advised that Mr. Frank Lahage has requested to withdraw item VII.A.1, an Application for Development Approval. Ing A. Regular Meetings and Public Hearings 1. Friday, November 14, 1997 at 9:00 A.M. 2. Friday, December 12, 1997 at 9:00 A.M. 3. Friday, January 9, 1998 at 9:00 A.M. 4. Friday, February 13, 1998 at 9:00 A.M. All of these dates were confirmed by the Commission after being announced by Mayor Koch. Regular Meeting & Pubic Hearing Town Commission- October 24, 1997 page 2 VII. PUBLIC HEARING. A. Applications for Development Approval 1. Continued from July 18. 1997 and WITHDRAWN ON OCTOBER 8. 1222 -An application submitted by H. Frank Lahage of H. Frank Lahage & Associates, Inc., as agent for Mr. & Mrs. Paul Malnove, the owners of the property located at 1555 C- N. Ocean Blvd., Gulf Stream, Florida which is legally described in metes and bounds in Section 10, Township 46 South, Range 43 East. a. SPECIAL EXCEPTION -To exclude 296 square feet of roof projections from the maximum floor area calculations. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the addition of two breezeways, roofed and unenclosed, to the dwelling under construction at the location stated herein. Commissioner Orthwein moved to accept the request to withdraw Item VII. A.1. that was made by Mr. Frank Lahage and the motion was seconded by Commissioner Lynch. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, and Mayor Koch; AYE. VIII. A. Town Manager 1. Fees for Architectural Review Town Manager Garrison recommended that the Commission adopt a resolution increasing fees for Level 2 and Level 3 Architectural /Site Plan Reviews, Variances and Special Exceptions by $50; and to increase the fees for Sign Review by $25. This recommendation does not result in recovery of the full cost of processing an application but this is justified by the fact that the Town, as a whole, benefits from the review process, she said. The Town Manager further recommended that incremental increases be made each year at budget time. Mrs. Garrison pointed out that Resolution No. 97 -7 detailing the recommended changes in fees is listed on the Agenda under "Items for Commission Action" for consideration. 2. Gulf Stream Historic Highway Landscaping Update Mrs. Garrison reported that on October 6, 1997, the Historic Highway Committee met with the Town's landscape architect, Connie Fisher, to review her preliminary concepts for the AlA landscaping project. She further reported that the meeting was very productive and the Committee endorsed the concepts presented by Ms. Fisher. She provided the Commission with a package including minutes of the October 6th meeting for further information. 3. Proposed Rezoning of the Yake Property (Delray) Town Manager Garrison stated that a notice had been received from Delray Beach advising that an application has been filed to rezone the Yake Property from Low Density Residential to Medium Density Residential. Mrs. Garrison further stated that in discussions with the City's Regular Meeting & Pubic Hearing Town Commission - October 24, 1997 page 3 Planning and Zoning Administrator, she was advised that no site plan has been submitted as of this date, however it is expected that one will be submitted after the hearings have been completed. Mrs. Garrison explained that while the current land use is designated Medium Density Residential, 5 to 12 dwelling units per acre, the zoning would not have to provide for the maximum number of units but could have a cap (Zoning CSuffix) at some point between 5 and 12 units. The Commissioners agreed that efforts should be directed toward zoning to permit low density, single family development of the property, but that at the very least, if multi - family zoning is imminent, efforts should then be directed toward obtaining the lowest reasonable density and assurances that Gulf Stream would have the opportunity to provide input into the development of the landscaping and architectural design. Commissioner Orthwein moved that the Mayor and Town Manager be authorized to negotiate this matter in the direction just agreed upon, and that the Mayor be authorized to submit a letter, if appropriate, to the City of Delray Beach establishing a "Zoning Suffix" that is deemed appropriate, if necessary. The motion was seconded by Commissioner Lynch. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, and Mayor Koch; AYE. B. Town Attorney There was no report from the Town Attorney. Commissioner Lynch asked Attorney Randolph if it would be acceptable to hold a telephone conference in order to achieve a quorum. The possibility of receiving an Attorney General's opinion was discussed. Mr. Randolph replied that he would investigate this issue and advise at a future meeting. C. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 11 -19 -97 at 8:30 A.M, b. Regular Meeting & Public Hearing 12 -17 -97 at 8:30 A.M, C. Regular Meeting & Public Hearing 1 -28 -98 at 8:30 A.M. Mayor Koch announced these dates. D. Finance Director 1. Financial Report for September 1997 Mr. Thrasher, Finance Director, reported the cash balance at the end of September 1997 was $8,162.00, and that the total amount of revenues received in September was $63,132.00 with $18,179 being from water consumption fees. He further reported that invested funds now total $508,491, with $390,735 being in the General Fund and $96,747 being in the Water Fund, along with $21,009 that is reserved for dredging. Mr. Thrasher next reported, this being the end of the fiscal year, total revenues collected in the amount of $1,321,734 as compared to $1,275,250 Regular Meeting & Pubic Hearing Town Commission - October 24, 1997 page 4 that had been budgeted, resulting in a surplus of $46,484. With regard to expenditures, Mr. Thrasher reported that $1,215,935 was expended during the 12 months ended 9 -30 -97 from a budget of $1,225,250 leaving a balance of $9,315 unexpended, resulting in a net revenue favorable variance of $55,799. In closing his report, Mr. Thrasher reported a favorable net revenue variance of $134,988 for the Water Fund. He �i pointed out that there will be a reappropriation necessary from the budgeted contingency fund of $50,000 to Fire - Repairs, $3,000; Streets - Repairs, $5,000; and Administration - Professional Service, $42,000 in order to adjust the current budget to conform to the Commission authorized expenditures from the Contingency Fund. He advised that formal action on this matter appears under Commission Action, Item number IX.D.2. later on the agenda. Commissioner Lynch moved that the Financial Report be approved as presented, and the motion was seconded by Commissioner Orthwein. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, and Mayor Koch; AYE. 2. Format for future Financial Reports Finance Director Thrasher called attention to a proposed format for the Monthly Financial Report pointing out that it is a simplified format to include the most meaningful information comparing "Actual to the TOTAL YEAR BUDGET" rather than comparing "Actual to an estimated MONTHLY BUDGET ". He explained this type of analysis would reduce the artificial variances that occur as a result of attempting to estimate when certain expenditures will occur. He closed by stating that he and the Town Manager had thoroughly reviewed the item and recommend changing the format. The Commissioners authorized the implementation of the new format for the Monthly Financial Reports with a motion made by Commissioner Lynch that was seconded by Commissioner Orthwein with all voting AYE at Roll Call. 3. Closing of the Debt Service Fund for the G.O. Bond Finance Director Thrasher advised that inasmuch as the General Obligation Bond has been paid in full, it is no longer necessary to maintain the Debt Service Fund. He then requested authorization to close the fund and make a Residual Equity Transfer of the balance in the amount of $17,987 to the General Fund. Commissioner Lynch moved and Commissioner Orthwein seconded that the Residual Equity Transfer, closing out the balance in the Debt Service Fund to the General Fund, be authorized as requested. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, and Mayor Koch; AYE. Regular Meeting & Pubic Hearing Town Commission - October 24, 1997 page 5 4. Bi- monthly water consumption Mr. Thrasher pointed out that water consumption has been reduced by 25.67% as compared to the base year 1988 -1989 and by 0.710 as compared to the previous year 1996 -1997. Commissioner Lynch noted that there has been a much smaller percentage reduction in water consumption on the part of the multi - family developments than the single family units. Mr. Thrasher advised that one possible answer might be that water bills are paid by the complex, not the individual unit owners, resulting in the owners being less aware of water conservation impact since billing is not done on an individual basis. Mr. Lynch suggested that perhaps the building managers could be contacted regarding the topic of water conservation. E. Police Chief 1. Activity for September 1997 Chief Schultz presented the Department's activity report for September 1997 and then reported that he had attended two meetings with Delray Beach Communications in regards to the 800 Mhz. radio hub and the Palm Beach County Chiefs of Police monthly meeting. He further reported that the annual personnel evaluations for all officers has been completed. IX. Items for Commission Action. A. Appointment of a member for the Gulf Stream Historic Highway Committee. Commissioner Lynch nominated Charles Russell for this position, stating an interest in including a member from Place Au Soleil as was the previous member in this position. There were no further nominations. Commissioner Lynch then moved that the nominations be closed and one unanimous ballot be cast for Mr. Russell. The motion was seconded by Commissioner Orthwein. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, and Mayor Koch; AYE. B. Agreement with Florida Public Utilities Company Attorney Randolph explained that this is a separate agreement supplementing the Franchise Agreement. It provides that Florida Public Utilities Company will furnish annually a list of all of its gas franchises including the percentage of the franchise fee and length of the term of the franchise, and that Gulf Stream shall have the right to amend the franchise ordinance during the 30 year term to provide for the application of increased percentages if any of the franchise percentages exceed 6 %. He added that this would apply only to a change in the applicable franchise fee percentage and not to any change in class of service, and only to franchises negotiated by the Company after the date set forth in the agreement, but not to gas franchises acquired by the Company through acquisition, purchase or merger. Regular Meeting & Pubic Hearing Town Commission - October 24, 1997 page 6 Commissioner Lynch moved to approve the agreement as presented, and to authorize the Mayor and Town Clerk to execute same. The motion was seconded by Commissioner Orthwein. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, and Mayor Koch; AYE. C. ORDINANCE NO. 97 -7; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 34, UTILITIES, BY INCLUDING A NEW ARTICLE V TITLED "STORMWATER CONTROL "; PROVIDING A DEFINITIONS SECTION; PROVIDING FOR PROHIBITIONS; PROVIDING FOR NPDES PERMITS; PROVIDING FOR ILLICIT DISCHARGES; PROVIDING FOR SPILLS AND DUMPING; PROVIDING FOR ENFORCEMENT AND FOR INSPECTIONS AND MONITORING; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. (first reading) Commissioner Orthwein moved that Ordinance No. 97 -9 be passed on first reading and the motion was seconded by Commissioner Lynch. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, and Mayor Koch; AYE. D. Resolutions 1. No. 97 -7; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, WHICH SUPERSEDES RESOLUTION 95 -1, ESTABLISHING FEES FOR THE PROCESSING OF APPLICATIONS FOR DEVELOPMENT APPROVAL; PROVIDING FOR THE RECOVERY OF DIRECT COSTS ASSOCIATED WITH THE PROCESSING OF SAID APPLICATIONS; PROVIDING FOR A WAIVER OF SUCH FEES AND EXPENSES; PROVIDE - ING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Commissioner Orthwein moved the adoption of Resolution No. 97 -7 and the motion was seconded by Comm. Lynch. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, and Mayor Koch; AYE. 2. No. 97 -8; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE REAPPROPRIATIONS OF BUDGET EXPENDITURES IN THE GENERAL FUND. Commissioner Orthwein moved and Commissioner Lynch seconded that Resolution No. 97 -8 be adopted. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, and Mayor Koch; AYE. X. Correspondence. A. Resolution No. 97 -227 supporting the reauthorization of the Intermodal Surface Transportation Efficiency Act by the U.S. Congress and requesting that the U. S. Congress end the fund- ing inequity that exists for the receipt of funds by the State of Florida. -Town of Hypoluxo B. Resolutions from the Village of Royal Palm Beach 1. #97 -34 supporting the Palm Beach County Municipal League in its recommendation for an amendment to the proposed changes by DERM to Section 9.4 Wetlands Protection of the Unified Land Development Code. Regular Meeting & Pubic Hearing Town Commission - October 24, 1997 page 7 2. #97 -35 supporting the Western Communities Council recom- mendation to support permanent and consistent funding for Regional Planning Councils in the Governor's budget. 3. #97 -36 supporting the Western Communities Council recom- mendation requesting the Palm Beach County Board of County Commissioners invite the Treasure Coast Regional Planning Council to facilitate future planning for the central western communities of Palm Beach County. All of the above Resolutions were made a part of the official record. Mayor Koch advised that the matter of proposed changes by DERM to Section 9.4 Wetlands Protection of the Unified Land Development Code is of consideration to the municipalities and that the Palm Beach County Municipal League is proposing amendments to these changes that are proposed so that all municipalities will be afforded the same exemptions as the county government under the regulations. Commissioner Orthwein moved that a similar resolution be prepared and entitled, A RESOLUTION OF THE TOWN OF GULF STREAM SUPPORTING THE PALM BEACH COUNTY MUNICIPAL LEAGUE IN ITS RECOMMENDATION FOR AN AMENDMENT TO THE PROPOSED CHANGES BY THE PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (ERM) TO SECTION 9.4 WETLANDS PROTECTION OF THE UNIFIED LAND DEVELOPMENT CODE; PROVIDING FOR DISTRIBUTION; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES be adopted with the Mayor being authorized to sign same. The motion was seconded by Commissioner Lynch. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. This Resolution will be numbered Resolution No. 97 -9 per the Town Clerk. XI. Public. There was no comment from the public. XII. Adjournment. Mayor Koch adjourned the meeting at 10:05 A.M. on a motion to do so made by Commissioner Lynch and seconded by Commissioner Orthwein with all voting in the affirmative. Rita L. Taylor, fown Clerk NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on Wednesday, November 19, 1997, at 8:30 A.M., and the Town Commission will hold a Public Hearing on Friday, December 12, 1997, at 9:00 A.M., both in the Commission Chambers ( of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application submitted by H. Frank Lahage of H. Frank Lahage & Associates, Inc., as agent for Mr. & Mrs. Paul Malnove, the owners of the property located at 1555 N. Ocean Blvd., Gulf Stream, Florida, which is legally described in metes and bounds in Section 10, Township 46 South, Range 43 East for a; 1) Special Exception and 2) Level 3 Architectural /Site Plan Review to permit construction of two breezeways, roofed and unenclosed, that would exceed the maximum permitted Floor Area Ratio by 296 square feet. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application at their respective meetings noticed above. These meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The complete application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Architectural Review and Planning Board and the Town Commission of the Town of Gulf Stream at the times and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS, 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. TOJWN OF GULF STREAM, FLORIDA 2Dated: November 2, 1997 / Rita L. Taylor, T n Clerk