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HomeMy Public PortalAbout11/14/19970 November 7, 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, NOVEMBER 14, 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 of the Regular Meeting and Public Hearing of 10- 24 -97. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. December 12, 1997 at 9:00 A.M. 2. January 9, 1998 at 9:00 A.M. 3. February 13, 1998 at 9:00 A.M. 4. March 13, 1998 at 9:00 A.M. VII. Reports. A. Town Manager 1. Yake Property - Delray Commission Hearing on 11 -18 -97 2. Tree Nursery 3. Gulf Stream School - Completion of Improvements 4. Delray Beach Water Contract B. Town Attorney 1. Proposed letter to the Attorney General RE: Meeting participation by telephone 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 October 1997 2. Repayment of Water Fund Loan /Revenue Bond E. Police Chief 1. Activity for October 1997 AGENDA CONTINUED VIII. Items for Commission Action. A. 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 n "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 AN EFFECTIVE DATE. (Second reading a Adoption) B. Items by Mayor and Commissioners. IX. Correspondence. A. Resolutions 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 and an effective date. 1. #69,1997 -Town of Lake Park 2• # 63- 97- Village of North Palm Beach 3. #274 -Town of South Palm Beach 4. #3- 97 /98- Village of Tequesta 5. #R97- 32- Village of Wellington B. Resolution from the Town of Lake Park 1. #67,1997; A Resolution supporting the Western Communities Council recommendation to support permanent and consistent funding for Regional Planning Councils in the Governor's Budget; providing for distribution and an effective date. 2. #68,1997; A Resolution supporting the Western Communities Council recommendation 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; providing for distribution and an effective date. C. Resolution 119,1997 providing for support of the reauthoriz- ation of the Intermodal Surface Transportation Efficiency Act (ISTEA) by the United States Congress and the funding inequity that exists for the receipt of funds by the State of Florida; providing for an effective date. -Palm Beach Gardens D. Resolution No. 97 -21 supporting an amendment to Article VIII Section 2 (a) and (c) of the Florida Constitution -Port Richey X. Public. XI. 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 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, NOVEMBER 14, 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. The Pledge of Allegiance was led by Mayor Koch. III. Present and William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice Mayor Robert W. Hopkins III Commissioner William A. Lynch Commissioner Absent with Notice: James E. Cross Also Present and Kristin K. Garrison Participating: John Randolph Rita Taylor William Thrasher Robert Schultz James Orthwein Nancy Lee Commissioner Town Manager Town Attorney Town Clerk Finance Director Police Chief Pres. Gulf Stream School Foundation Town Resident IV. Minutes of the Regular Meeting and Public Hearing of 10- 24 -97. Commissioner Lynch moved and Commissioner Orthwein seconded that the minutes be approved as circulated. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. The Town Clerk requested to add Item IX.A.6., Resolution No. R97- 187 from the City of Boynton Beach and Mayor Koch requested that Item VII.A.3., Gulf Stream School - Completion of Improvements, be considered first on the Town Manager's Report. There were no objections to these requests. Vi. Anno dI A. Re 1. 2. 3. 4. icements. gular Meetings and Public Hearings December 12, 1997 at 9:00 A.M. January 9, 1998 at 9:00 A.M. February 13, 1998 at 9:00 A.M. March 13, 1998 at 9:00 A.M. Regular Meeting & Public Hearing Town Commission- November 14, 1997 page 2 All of these dates were confirmed by the Commissioners after being announced by Mayor Koch. VII. Reports. A. Town Manager With regard to the completion of improvements to the Gulf Stream School, Town Manager Garrison advised that her analysis indicates that the intent and general conditions of the Developer's Agreement have been met insofar as the required site improvements have been completed, including landscaping, drainage, traffic control strategies, and allowances for significantly more parking. She further advised that in the course of dealing with building code requirements and site constraints during construction, a few adjustments have been made to the site improvement and landscaping plans for the project as outlined in her memorandum in the meeting package. For example: 1) The handicapped entrance ramp associated with the auditorium /stage area has been modified to comply with building code requirements. 2) The new 6" water line that was planned was deleted due to the Delray Fire Department determining that increased water flow was not required for fire suppression purposes. Detail of these modifications is a part of the project file. Town Manager Garrison explained that the handicapped ramp is not yet completed. A Completion Agreement is on file making the issuance of a C.O. contingent upon the completion of the handicapped ramp. Commissioner Lynch moved and Commissioner Orthwein seconded to confirm that the terms of the developer's agreement have been met, with the modifications presented, as they pertain to construction of the field house and auditorium renovations. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. James Orthwein, President of the Gulf Stream School Foundation, questioned if this approval included the alterations to the handicapped ramp and the enlargement of the dumpster area that are yet to be completed. Town Manager Garrison advised that the completion of these items will be handled administratively. 1. Yake Property - Delray Commission Hearing on 11 -18 -97 The Town Manager reported that on November 4, 1997, the Delray Beach City Commission passed on first reading an ordinance rezoning the Yake property from Low Density Residential (3 -6 units per acre) to Medium Density Residential (RM)(6 -12 units per acre) with a 3 -2 vote. She further reported that subsequent to the October Commission meeting, the applicant offered a density cap( "suffix ") of 8 units per acre and that the application has formally been amended to include this limitation. Regular Meeting & Public Hearing Town Commission- November 14, 1997 page 3 Mrs. Garrison then called attention to a letter sent to the developer by Mayor Koch indicating that the density cap is an improvement over the previous request and mentioning concerns regarding design and environmental issues. Town Manager Garrison advised that second reading /adoption of the rezoning is scheduled for the evening of Tuesday, November 18, 1997 and if approved, the applicant would then be required to seek approval from the Delray Beach Site Plan Review and Appearance Board. She added that while no site plan has been presented, preliminary plans briefly displayed showed townhouse development. Mrs. Garrison advised she would be attending the meeting on November 18, 1997 and asked for direction regarding the Town's position. The members of the Commission unanimously agreed to continue the Town's existing position, obtain 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. 2. Tree Nursery The Town Manager reported that during the week of November 3rd, Town Arborist Way Hoyt worked with staff to obtain cuttings for the Tree Nursery, and those cuttings have been potted and comprise "Phase I" of the tree nursery. She said that Mr. Hoyt indicated that this is not an ideal time of the year to start cuttings but the Town's need for the trees next spring, when the landscape project will be in its installation phase, does not allow the Town to wait for optimum growing conditions in the spring. Mrs. Garrison concluded this topic by advising that a public meeting is being scheduled during the first week of December to receive input on the preliminary designs. The Commissioners agreed that they should be in attendance at this meeting. 3. Gulf Stream School - Completion of Improvements This item was heard at the beginning of the Town Managers Report. 4. Delray Beach Water Contract The Town Manager stated that as a result of the discussion at the September Commission Meeting, she had forwarded a letter to Delray Beach City Manager David Harden asking to pursue an extension of the existing Water Contract, which does not expire until approximately 2001. She explained that a timely extension would allow seeking the extension under a schedule that would allow the Town to pursue other options, in the event that favorable terms cannot be reached. She indicated that she would keep the Commission informed as this progressed. Regular Meeting & Public Hearing Town Commission - November 14, 1997 page 4 B. Town Attorney 1. Proposed letter to the Attorney General RE: Meeting participation by telephone Attorney Randolph called attention to the proposed letter and asked for direction from the Commission with regard to sending it. He stated that there are opinions stating that participation by telephone was acceptable if the conversation can be heard by the public but those C) opinions were as a result of a question regarding a meeting where a quorum was present. He did not believe this opinion would be limited to telephone participation only if a quorum was present, but felt this should be made clear. Attorney Randolph believed that allowing participation by phone could be abused by elected officials. He pointed out that currently vacations, etc. are planned to insure that a quorum is present for meetings, but allowing phone participation could result in no effort being made to have a quorum present. The members of the Commission agreed and directed Attorney Randolph to send the letter. Mayor Koch advised that there does not appear to be much change in Commissioner Cross' condition, but he understood that he may be coming home in the near future. He then asked Attorney Randolph what authority the Commission has with regard to filling a vacancy on the Commission during and absence due to illness or disability. Attorney Randolph replied that the Town Charter is very specific with regard to filling Commission vacancies. It provides that the Commission has a right to make an appointment on the resignation or a vacancy in office, he said. Mr. Randolph advised that he had previously advised the Town Manager that he might have to do some research in regards to vacancies as a result of someone being disabled in office as there is nothing in the Charter that deals with it. Commissioner Orthwein advised that she had spoken to a Cross family member. Based on these discussions, she questioned if a temporary replacement could be appointed to serve for an interim period, or if there would be an opportunity for the designation of an Honorary Commission Member status. Attorney Randolph stated this would not be possible to make an appointment for an interim period, and pointed out that this is not a clear -cut situation as to whether or not someone is going to continue to be unable to serve in office. He believed that if clearly a guardian has been appointed for someone, or someone has been determined to be incompetent or disabled, there is probably an Attorney General's Opinion that would say the Commission has the authority, short of a resignation, to fill that office. He stated that he has not seen such opinions, but feels sure they exist where in fact the situation is clear -cut. He added that he does not think the Town has a clear -cut situation and does Regular Meeting & Public Hearing Town Commission- November 14, 1997 page 5 not believe there is an Attorney General's Opinion on point where you can't show that someone is incompetent or disabled. Mr. Randolph sated that this is why the Town is permitted to operate with 3 people as a quorum, to accommodate situations such as this and at absences, so as to allow the Commission to continue in business until there is a full compliment of people. He believed that until there is a resignation, or it is shown someone is not competent to hold the office, there is a vacant seat. Short of that, he knew of nothing else the Commission could do and advised that at this point no action should be taken. 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 October 1997 Mr. Thrasher, Finance Director, reported the cash balance in the General Fund at the beginning of October 1997 was $8,162 and at the end of October 1997 was $9,873, with total revenues received in October being $96,694, bringing the total of Invested Funds for the General Fund to $292,252, and for the Water Fund, $96,747. Turning to the Budget Report for the General Fund, Mr. Thrasher reported revenue collected in the amount of $41,943 and expenditures made in the amount of $115,141. He advised that several large expenditures had been made in October that cover the entire year. He pointed out that in the Police Department Budget, the Dispatching Contract had been paid for the full year and in the Street Department Budget, a large expenditure had been made in paying the first payment to the Landscape Architect for the AlA project, and no money had been budgeted for this in that it is reimbursable from the ISTEA Grant Funds. With regard to the Police Department Budget, Mayor Koch noted that Delray Beach, and other agencies, will be implementing an 800 MHz. communications system and he questioned if Gulf Stream is going to have added expense as a result. Chief Schultz advised it is not clear at this time as to what the costs will be but that it should be more clear by the time the 1998 -99 budget is being prepared. He believed that Gulf Stream may have the expense of purchasing portable radios at approximately $2,000 each. Most of the ones in current use were furnished to the Town by Delray Beach, he said. Mayor Koch encouraged early negotiation of the current expiring dispatching contract, in view of the impending changes. 0 Regular Meeting & Public Hearing Town Commission - November 14, 1997 With regard to the Water Fund Budget Report, revenues had been collected in that it is a expenditures had been made in the amount of these are single entries for the entire year amortization expense, payment to the General management fees to the General Fund. page 6 Mr. Thrasher noted that no non - billing month while $73,962. He explained that covering depreciation, Fund in lieu of taxes and Commissioner Lynch moved and Commissioner Orthwein seconded that the Financial Report for October 1997 be approved as presented. Roll Call: Commissioner Orthwein; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. 2. Repayment of Water Fund Loan /Revenue Bond Finance Director Thrasher advised that the Town is in a position to pay the 1994 Water Fund Revenue Bond in full at an estimated amount of $162,000. This would result in interest payment savings through 2004 of approximately $36,500. Mr. Thrasher reported that the Water Fund has a Certificate of Deposit maturing in 10 days in the amount of $101,500 that could be cashed and used to apply to the payoff with the balance to come from an estimated operational surplus for 1997 in the Water Fund in the amount of $65,000. Mr. Thrasher advised he had discussed this with Town Manager Garrison and they are recommending that the 1994 Revenue Bond be retired. Commissioner Lynch moved that the staff be authorized to make arrangements for the retirement of the 1994 Revenue Bond with the funding for such to come from the maturing C.D. and the 1997 operational surplus in the Water Fund, and that the Mayor be authorized to execute the necessary documents. The motion was seconded by Commissioner Orthwein. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. Mr. Thrasher concluded by advising he had reviewed records in reply to Commissioner Lynch's question as to why there was not more reduction in water consumption by multi - family residents. He reported that the multi- family users had been conserving water from the beginning and there was not room for much reduction. E. Police Chief 1. Activity for October 1997 Chief Schultz presented the Department's activity report for October 1997 and then reported that he had attended the dedication ceremony for the new facility at the Gulf Stream School, the Palm Beach County Chiefs monthly business meeting and the International Chiefs of Police Association training conference in Orlando at which he received 11 mandatory retraining credit hours. Regular Meeting & Public Hearing Town Commission - November 14, 1997 VIII. page 7 A. 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 AN EFFECTIVE DATE. (Second reading & Adoption) The Town Clerk read Ordinance No. 97 -7 by title. Commissioner Lynch moved the adoption of Ordinance No. 97 -7 on second reading and the motion was seconded by Commissioner Orthwein. There was no comment from the public. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. B. Items by Mayor and Commissioners Commissioner Lynch advised that a fence had been erected in Place Au Soleil that detracts from the entire development in that it is a 6' shadow box design on a vacant lot. He advised that while it is believed to be permitted by the Town, it is in violation of the Place Au Soleil Covenants. He questioned how this could be avoided in the future. Attorney Randolph confirmed that the Town cannot enforce deed restrictions. Commissioner Orthwein advised that she has received several calls with regard to a number of white tile roofs that are in need of cleaning and /or painting, and had received comments about hurricane shutters which remain on homes after December 1st. She questioned if the Town could develop some type maintenance control to prevent the "black roofs ". She also questioned if it would be possible to contact the owners of these homes with "black roofs" and point out the fact that the roof needs attention. Town Manager Garrison advised she has been collecting information with regard to a property maintenance ordinance but none existing have addressed cleaning roofs. With regard to contacting the owners, it was suggested that perhaps the Civic Association might want to make the contact. The Commissioners did not feel it would be proper to contact the resident if there is no violation of Town Code. Commissioner Orthwein stated she agreed with this but wanted to bring the matter before the Commission since she had been contacted by various town residents. Regular Meeting a Public Hearing Town Commission - November 14, 1997 page 8 IX. Correspondence. A. Resolutions 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 and an effective date. 1. #69,1997 -Town of Lake Park 2. # 63- 97- Village of North Palm Beach 3. #274 -Town of South Palm Beach 4. #3- 97 /98- Village of Tequesta 5. #R97- 32- Village of Wellington B. Resolution from the Town of Lake Park 1. #67,1997; A Resolution supporting the Western Communities Council recommendation to support permanent and consistent funding for Regional Planning Councils in the Governor's Budget; providing for distribution and an effective date. 2. #68,1997; A Resolution supporting the Western Communities Council recommendation 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; providing for distribution and an effective date. C. Resolution 119,1997 providing for support of the reauthoriz- ation of the Intermodal Surface Transportation Efficiency Act (ISTEA) by the United States Congress and the funding inequity that exists for the receipt of funds by the State of Florida; providing for an effective date. -Palm Beach Gardens D. Resolution No. 97 -21 supporting an amendment to Article VIII Section 2 (a) and (c) of the Florida Constitution -Port Richey The Town Clerk reviewed the above items of correspondence. With regard to the Resolution No. 97 -21 from Port Richey, she explained that they are seeking a change in the State Constitution that would provide that a municipality could not be abolished unless there was an affirmative vote of the electorate of the municipality in question. She reminded that the Town had supported Port Richey when they were fighting against being abolished without a vote of the electorate of Port Richey. The Town Clerk then circulated copies of a proposed Resolution of Support bearing Gulf Stream No. 97 -10. The Commissioners were in agreement with supporting this proposed change in the State Constitution and the Mayor directed the Clerk to read the proposed Resolution by title. Regular Meeting & Public Hearing Town Commission- November 14, 1997 page 9 Following the reading by the Town Clerk, Commissioner Lynch moved for the adoption of Resolution 97 -10 and Commissioner Orthwein seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. All items of correspondence were made a part of the record. C) X. Public, Nancy Lee introduced herself and explained that she and her husband are the new owners of the Hupful property in the McLouth Subdivision. She explained that they are very concerned with the proposed rezoning and development of the Yake property in Delray Beach, which is directly across the Intracoastal Waterway from their property. She further advised that she has hired an attorney and is organizing Gulf Stream property owners in an attempt to purchase the property in order to assure an attractive development. She asked if the Town will support the preservation of the mangroves along the front of the property and single family development behind them. Mayor Koch explained the position that the Town had agreed on earlier in the meeting, that being the same position they had agreed on at the October 1997 meeting. The Commission agreed that the proposed plan does not appear to be particularly attractive and they are hopeful that the Town will have an opportunity for input in design. XI. Adjournment. Mayor Koch adjourned the meeting at 10:25 A.M. on a motion to do so made by Commissioner Lynch and seconded by Commissioner Orthwein with all voting in the affirmative. FxYo, Rita L. Taylor, T Clerk