HomeMy Public PortalAbout02/13/1998C
MAYOR:
VICE MAYOR:
COMMISSIONER:
William F. Koch, Jr.
Joan K. Orthwein
Fred B. Devitt III
Robert W. Hopkins II
William A. Lynch
January 6, 1998
REGULAR MEETING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM ON FRIDAY, FEBRUARY 13, 1998, AT 9:00 A.M., IN THE COMMISSION
CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
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I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes of the Regular Meeting of January 9, 1998.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. March 10, 1998, Tuesday - Election Day -7 A.M. to 7 P.M.
2. March 13, 1998, Friday at 11:00 A.M.
3. March 13, 1998, Friday at Noon - Certification of Election
4. April 9, 1998, Thursday at 9:00 A.M.
5. May 15, 1998, Friday at 9:00 A.M.
6. June 12, 1998, Friday at 8:30 A.M.
VII. Time Certain Items To Be Heard At 9:30 A.M.
O A. Presentations
1. Resolution No. 98 -1, A RESOLUTION OF APPRECIATION AND
HONORING JAMES E. CROSS
2. Resolution No. 98 -2, A RESOLUTION OF APPRECIATION TO
ALAN I. ARMOUR
VIII. Reports.
A. Town Manager
1. Yake Property (Delray Beach) Revised Plans
2. Water Contract Update
3. Resident Handbook
4. Building Permit Fee Collection
B. Town Attorney
C. Architectural Review & Planning
1. Meeting Dates
a. Regular Meeting & Public
b. Regular Meeting & Public
c. Regular Meeting & Public
d. Regular Meeting & Public
e. Regular Meeting & Public
D. Finance Director
1. Financial Report for January
2. Bi- monthly water consumption
Board
Hearing 2 -25 -98 at 8:30 A.M.
Hearing 3 -25 -98 at 8:30 A.M.
Hearing 4 -22 -98 at 8:30 A.M.
Hearing 5 -27 -98 at 8:30 A.M.
Hearing 6 -24 -98 at 8:30 A.M.
i{:L•I:]
AGENDA CONTINUED
E. Police Chief
1. Activity for January 1998
2. Speed Regulations on local streets
!� IX. Items for Commission Action.
J A. Approval of the final AlA Landscape Design and authorization
to advertise for bids
B. Appointment to fill vacancy on the Architectural Review and
Planning Board
C. Request for a waiver RE: Barrier fencing required on ocean
front -John Conway, Agent for Harold Pontius, 1315 N. Ocean
D. Items by Mayor and Commissioners
X. Correspondence.
A. Resolution No. 98 -1; A RESOLUTION OF THE PALM BEACH COUNTY
MUNICIPAL LEAGUE, INC. EXPRESSING VIGOROUS OPPOSITION TO
HOUSE BILL 3291 WHICH IS SOMETIMES CITED AS THE "TELECOM-
MUNICATIONS RIGHTS -OF -WAY ACT" OR ANY SIMILAR LEGISLATION
SINCE SUCH ACT OR LEGISLATION WOULD HAVE SIGNIFICANT ADVERSE
IMPACTS WITH REGARD TO A LOCAL GOVERNMENT'S AUTHORITY OVER
ITS PUBLIC RIGHTS -OF -WAY AS ITS AUTHORITY OVER THE TELECOM-
MUNICATIONS PROVIDERS WHO MAY WISH TO UTILIZE SAME; PROVID-
ING FOR DISTRIBUTION OF THIS RESOLUTION; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
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
MINUTES OF THE REGULAR MEETING HELD BY THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM ON FRIDAY, FEBRUARY 13, 1998, AT 9:00 A.M., IN THE
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
I. Call to Order. Vice Mayor Orthwein, in the absence of Mayor
Koch, called the meeting to order at 9 A.M.
II. Pledge of Allegiance. The Pledge of Allegiance was led by Vice
Mayor Orthwein.
III. Roll Call.
Present and
Participating
Absent with
Notice:
Also Present and
Participating
Joan K. Orthwein
Fred B. Devitt III
Robert W. Hopkins II
William A. Lynch
William F. Koch, Jr.
Kristin K. Garrison
John Randolph
Rita Taylor
William Thrasher
Robert Schultz
Alan I. Armour
Mrs. James C. Cross
Rosalind Cross Dujardin
Dana Farley
Vice Mayor
Commissioner
Commissioner
Commissioner
Mayor
Town Manager
Town Attorney
Town Clerk
Finance Director
Police Chief
Former Commissioner
Town Resident
Cross Family
Cross Family
IV. Minutes of the Regular Meeting of January 9. 1998. Commissioner
Lynch moved and Commissioner Hopkins seconded that the minutes be
approved as circulated and all voted AYE at roll call.
Town Manager Garrison requested to move Item Number IX.A.,
Approval of the final AlA Landscape Design and authorization to
advertise for bids, to be heard immediately after the announcements.
There were no objections to this arrangement.
VI.
A. Regular Meetings and Public Hearings
1. March 10, 1998, Tuesday - Election Day -7 A.M. to 7 P.M.
The Town Clerk reported that the qualifying period for candidates for
the election had closed and only the incumbents had filed, making it
unnecessary to hold the election. She advised that if it is the desire
of the Commission to not hold the election, a motion to confirm this
would be in order.
Regular Meeting -Town Commission
February 13, 1998
page 2
Commissioner Lynch moved and Commissioner Devitt seconded that inasmuch
as only two persons filed for the two vacancies on the Commission, the
Election scheduled for March 10, 1998 not be held. Roll Call: Comm.
Devitt; AYE; Comm. Lynch; AYE, Comm. Hopkins; AYE, and Vice Mayor
�i Orthwein; AYE.
2. March 13, 1998, Friday at 11:00 A.M.
3. March 13, 1998, Friday at Noon - Certification of Election
4. April 9, 1998, Thursday at 9:00 A.M.
5. May 15, 1998, Friday at 9:00 A.M.
6. June 12, 1998, Friday at 8:30 A.M.
The above meeting dates were confirmed by the Commission.
As previously agreed, Item IX.A., Approval of the final AlA Landscape
Design and authorization to advertise for bids, was heard at this time
Town Manager Garrison explained that after two public meetings and
several Historic Highway Committee meetings, the landscape architect has
submitted the final landscape plans, copies of which have been provided,
for approval prior to beginning the next phase of the process. She
further explained that minor changes may occur as a result of DOT review
requirements, last minute property owner input, or technical corrections
as construction specifications are prepared. She advised that if any
changes significantly affect the spirit or design principles of the
plans approved by the Commission, she would inform the Commission. Mrs.
Garrison advised that the Australian pine restoration will take place as
the trees become available. She further advised that the cost of the
signage and the markers is not included in the budget for the project
and they will be addressed later, as other funding sources become
available.
Commissioner Lynch moved for the approval of the AlA landscape design as
presented and Commissioner Devitt seconded the motion. Roll Call:
Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Vice Mayor
Orthwein; AYE.
Commissioner Hopkins moved that the Town Manager and landscape architect
be authorized to seek bids for the AlA Landscape installation and the
motion was seconded by Commissioner Lynch. Roll Call: Comm. Devitt;
AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Vice Mayor Orthwein; AYE.
Town Manager Garrison advised that she would be returning to the
Commission in March or April with some maintenance issues that have been
raised during discussions with some property owners.
Regular Meeting -Town Commission
February 13, 1998
VII. Time Certain Items To Be Heard At 9:30 A.M.
A. Presentations
1. Resolution No. 98 -1, A RESOLUTION OF
HONORING JAMES E. CROSS
2. Resolution No. 98 -2, A RESOLUTION OF
ALAN I. ARMOUR
page 3
APPRECIATION AND
APPRECIATION TO
Inasmuch as it was not yet 9:30 A.M., this item will appear in these
minutes after Item VIII., Reports.
VIII. Reports.
A. Town Manager
1. Yake Property (Delray Beach) Revised Plans
Town Manager Garrison reported that the developer of the Yake Property
in Delray Beach has submitted a revised site plan showing 95 townhouse
units and that the request for rezoning was withdrawn, as this density
would be permitted under the present zoning. She further reported that
she did not believe the developer had obtained final approval from the
South Florida Water Management District and the drainage of the area is
of considerable concern at this point. Mrs. Garrison advised that she
has a copy of the proposed development plan for review by those who may
be interested in this matter.
2. Water Contract Update
The Town Manager reported that she has had several discussions with the
Utility Director in Delray Beach regarding this matter. The City is
considering recommending a rate that would base the charge of water to
the Town on a bulk rate plus a 2516 surcharge, which could result in a
reduction in the total water costs when compared to the residential
rates with a 10% surcharge that is now being charged. The City of
Delray Beach is charging Highland Beach on this basis and they are
interested in charging all water consumers outside the municipal limits
by the same rate schedule, she said. Mrs. Garrison added that staff is
in the process of evaluating this and comparing it to what is being
charged under the current contract, and that she would continue to keep
the Commission informed as negotiations progress.
3. Resident Handbook
Town Manager Garrison called attention to the latest draft of the
Handbook and questioned if there were any more changes to be made as it
is expected to go to the printer very soon.
Commissioner Lynch suggested listing the phone number for B.F.I. along
with the other phone numbers and mentioning the benefits of installation
of a rain switch on sprinkler systems. Commissioner Lynch then moved
that the Resident Handbook be approved as amended and printing
authorized. The motion was seconded by Commissioner Hopkins. Roll
Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Vice
Regular Meeting -Town Commission
February 13, 1998
page 4
Mayor Orthwein; AYE. Town Manager Garrison advised that she expects to
mail a copy of the Handbook to each resident with the distribution of
the next newsletter.
4. Building Permit Fee Collection
The Town Manager advised that in an effort to reduce the number of
administrative steps associated with the Town's building permit process,
she has been working with the Town Clerk on possible changes to the
process. She pointed out that under the current process, the applicant
must make three trips to Town Hall and that she believes that the third
trip to pick up the permit and pay the Gulf Stream fee can be eliminated
by collecting the fee at the time the plans are submitted. In order to
do this, it would be necessary to have a code amendment to change the
current fee structure based on 30% of the Palm Beach County permit fee
or $50.00, whichever is greater, to a fixed plan review fee schedule
that will be developed based on the fees collected over the past two
years in order to generate approximately the same amount of revenue.
Commissioner Lynch moved and Commissioner Devitt seconded that the Town
Manager and Town Attorney be authorized to prepare an ordinance to amend
the building permit fee schedule as recommended by Mrs. Garrison. Roll
Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Vice
Mayor Orthwein; AYE.
B. Town Attorney
There was no report from the Town Attorney.
C. Architectural Review & Planning Board
1. Meeting Dates
a. Regular Meeting & Public Hearing 2 -25 -98 at 8:30 A.M.
b. Regular Meeting & Public Hearing 3 -25 -98 at 8:30 A.M.
c. Regular Meeting & Public Hearing 4 -22 -98 at 8:30 A.M.
d. Regular Meeting & Public Hearing 5 -27 -98 at 8:30 A.M.
e. Regular Meeting & Public Hearing 6 -24 -96 at 8:30 A.M.
The above dates were noted.
D. Finance Director
1. Financial Report for January 1998
Finance Director William Thrasher, referring to his report that was a
part of the Agenda Packet, reported that everything is on target for
this time of year and he would be pleased to answer any questions
regarding the report.
There being no questions, Commissioner Devitt moved that the Financial
Report for January be approved as circulated and Commissioner Lynch
seconded the motion. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE,
Comm. Hopkins; AYE, and Vice Mayor Orthwein; AYE.
Regular Meeting -Town Commission
February 13, 1998 page 5
2. Bi- monthly water consumption
Mr. Thrasher noted that the non - residential water consumption has
increased some as compared to the previous period.
Commissioner Lynch moved to approve the report, seconded by Commissionex
Lynch with all voting AYE at roll call.
E. Police Chief
1. Activity for January 1998
Chief Robert Schultz presented the Department's activity report for
January 1998, adding that he had attended the Florida Police Chief
Association winter training conference in Orlando on January 4 through
January 7, 1998, and that Detective Sindone had attended the PBSO
burglary intelligence meeting on January 8, 1998.
2. Speed Regulations on local streets
Chief Schultz reported that there have been recent complaints regarding
speeding cars on Polo Drive, and recent collisions involving car and
pedestrian, and car to car head -on crashes caused by high hedges
obstructing the vision of drivers that results in an inadequate response
time frame for drivers. He further reported that in the past seven
weeks the Department has placed emphasis on speeding and stop sign
violations in this core area, and 8 -10 traffic citations were issued to
violators, in addition to verbal warnings having been given to other
resident /violators.
The Chief reported that traffic surveys taken intermittently during
previous years have shown that speeding has not increased or decreased
along Polo Drive with only about it of the vehicles traveling over 30
MPH, and then by only 1 to 2 MPH. He stated the average speed is 25 -27
miles per hour. With this information in hand, the Chief believed that
the speed limit of 30 MPH may be too high. He listed the supporting
reasons for this conclusion as follows: 1) No sidewalks (pedestrians
in roadway); 2) Elementary school zones in area; 3) Numerous service
vehicles, trucks, trailers delivering services are unable to pull into
driveways, therefore standing in roadway; 4) Children playing in
roadways, again no sidewalks; 5) Narrow & sub - standard width roadways;
6) Heavy vegetation near or in rights -of -way and along property lines
obstructing vision; 7) Minimal visibility triangles at driveways and
intersections. Chief Schultz concluded his report by recommending that
a 20 MPH speed limit be established for those streets north of the Gulf
Stream Golf Club and by advising that it will be necessary to erect
speed limit signs since the speed limit would be other than that set by
the State which is 30 MPH.
Regular Meeting -Town Commission
February 13, 1998
page 6
Commissioner Lynch moved that the maximum speed limit be lowered to 20
MPH. The motion died for lack of a second.
During discussion, all of the Commissioners were in agreement that
additional signs would not be welcome. However, they also believed that
�i the speed limit should be lowered. Commissioner Devitt moved and
Commissioner Hopkins seconded that an Ordinance be prepared to change
the maximum speed limit on all streets north of the Gulf Stream Golf
Club, with the exception of AlA, to 20 MPH and that additional
information be furnished with regard to the proposed speed limit signs
in relation to the existing signage. Roll Call: Comm. Devitt; AYE,
Comm. Lynch; AYE, Comm. Hopkins; AYE, and Vice Mayor Orthwein; AYE.
Noting that it was 9:30 A.M., Vice Mayor Orthwein announced that Item
VII.A., Presentations, would be considered at this time.
1. Resolution No. 98 -1, A RESOLUTION OF APPRECIATION AND
HONORING JAMES E. CROSS
Vice Mayor Orthwein asked that the family of Commissioner Cross come
forward and that the Town Clerk read the Resolution in full. Following
the reading of the Resolution the Town Clerk presented to Mrs. James E.
Cross, Dana Farley and Rosalind Cross Dujardin, original copies of the
document for each of them and the other children who were not in
attendance.
Commissioner Lynch moved for the adoption of Resolution No. 98 -1 and
Commissioner Hopkins seconded the motion. Roll Call: Comm. Devitt;
AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Vice Mayor Orthwein; AYE.
Vice Mayor Orthwein, on behalf of the Commission and the Town of Gulf
Stream, expressed appreciation for the many contributions Commissioner
Cross made to the community and for his dedication and devoted services
to the Town of Gulf Stream. An engraved silver tray was then presented
to the family of Commissioner Cross by Town Manager Garrison and the
Commissioners shook hands with the members of the family.
2. Resolution No. 98 -2, A RESOLUTION OF APPRECIATION TO ALAN
I. ARMOUR
Vice Mayor Orthwein requested that Mr. Armour come forward and that the
Town Clerk read Resolution No. 98 -2 in full. Having read the Resolution
the Town Clerk presented the original document to Commissioner Armour.
Commissioner Devitt moved and Commissioner Lynch seconded the adoption
of Resolution No. 98 -2. Roll Call: Comm. Devitt; AYE, Comm. Lynch;
AYE, Comm. Hopkins; AYE, and Vice Mayor Orthwein; AYE.
Regular Meeting -Town Commission
February 13, 1998
page 7
Vice Mayor Orthwein thanked Commissioner Armour, on behalf of the Town
and the Commission, for his dedication and devoted services to the Town,
and his financial expertise and knowledgeable participation in
Commission meetings. Commissioner Lynch then presented Commissioner
Armour with an engraved silver tray after which the members of the
C% Commission left the dais to shake hands with Commissioner Armour and
wish him well.
A. Approval of the final AlA Landscape Design and authorization
to advertise for bids
This item was considered earlier on the agenda.
B. Appointment to fill vacancy on the Architectural Review and
Planning Board
Town Manager Garrison explained that inasmuch as Mr. Devitt had accepted
an appointment on the Town Commission, a vacancy was created on the
ARPB. She additionally explained that she had spoken with Marjorie
McGraw, a Regular Member of the ARPB, earlier in the week. Mrs. McGraw
wants to fulfill her commitment and stay involved with the ARPB, but is
experiencing unavoidable scheduling conflicts. in discussing the
situation with her, it seemed that an Alternate position might enable
her to stay involved in the ARPB while eliminating the scheduling
conflicts. Mrs. McGraw indicated that the Commission may wish to
consider this in their ARPB discussion.
The Commission was pleased that Mrs. McGraw was willing to continue to
be involved in spite of her full schedule.
Commissioner Lynch moved to appoint Muriel Anderson to serve as a
Regular Member of the ARPB and to appoint Marjorie McGraw to serve as an
Alternate Member of the ARPB, a reversal of positions. The motion was
seconded by Commissioner Hopkins. Roll Call: Comm. Devitt; AYE, Comm.
Lynch; AYE, Comm. Hopkins; AYE, and Vice Mayor Koch; AYE.
Mr. Perry O'Neal, an Alternate Member, was asked if he would be
interested in serving as a Regular Member to which he replied that he
felt he needed to decline due to numerous other commitments. However,
he offered to serve the community in this capacity if no one else was
available.
Commissioner Orthwein noted that a letter of interest in serving on the
ARPB had been received from Douglas C. Hornberger, 3130 Banyan Road. He
then moved to appoint Mr. Hornberger as a Regular Member on the ARPB to
fill the vacancy left by Commissioner Devitt. The motion was seconded
Regular Meeting -Town Commission
February 13, 1998
page 8
by Commissioner Hopkins. Roll Call: Comm. Devitt; AYE, Comm. Lynch;
AYE, Comm. Hopkins; AYE, and Vice Mayor Orthwein; AYE.
C. Request for a waiver RE: Barrier fencing required on ocean
front -John Conway, Agent for Harold Pontius, 1315 N. Ocean
fG Town Manager Garrison explained that the requirement for a fence to be
constructed along the ocean front is a County Ordinance that relates to
the enclosure of swimming pools. She advised that the County will
recognize waivers granted by the Town from some of the provisions in
this code. The Town Manager stated that there is a very heavy barrier
of Seagrape and that a self - locking gate will be installed across the
path to the beach. Mrs. Garrison advised that due to the difference in
elevation and the plantings of Seagrape, it would be difficult to enter
the yard where the pool is located. She added that the yard is enclosed
with walls and fences on all other sides.
Attorney Randolph advised that the Gulf Stream Code requires a fence or
equivalent barrier 4' in height for swimming pools. The question for the
Commission to decide is whether the seagrape with a grade change is an
equivalent barrier, he said.
Commissioners Hopkins and Devitt expressed concern regarding any
liability that might result if the Town granted a waiver to the
requirement of a fence across the ocean front. Commissioner Lynch
believed that there should not be a blanket waiver and all agreed that
matters of this nature should be considered on a case by case basis with
the applicant having the burden to prove that what they are requesting
is an adequate barrier. Mrs. Garrison stated that their discussion is
timely in that several other ocean front homes under construction are
likely to come in with a pool barrier request.
Commissioner Lynch moved no action be taken on this matter until such
time as the applicant can furnish proof that what is being proposed will
be a barrier that is equivalent to a fence. Commissioner Devitt seconded
the motion. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm.
Hopkins; NAY, and Vice Mayor Orthwein; AYE.
D. Items by Mayor and Commissioners
pa
A. Resolution No. 98 -1; A RESOLUTION OF THE PALM BEACH COUNTY
MUNICIPAL LEAGUE, INC. EXPRESSING VIGOROUS OPPOSITION TO
HOUSE BILL 3291 WHICH IS SOMETIMES CITED AS THE "TELECOM-
MUNICATIONS RIGHTS -OF -WAY ACT" OR ANY SIMILAR LEGISLATION
SINCE SUCH ACT OR LEGISLATION WOULD HAVE SIGNIFICANT ADVERSE
IMPACTS WITH REGARD TO A LOCAL GOVERNMENT'S AUTHORITY OVER
Regular Meeting -Town Commission
February 13, 1998
page 9
ITS PUBLIC RIGHTS -OF -WAY AS ITS AUTHORITY OVER THE TELECOM-
MUNICATIONS PROVIDERS WHO MAY WISH TO UTILIZE SAME; PROVID-
ING FOR DISTRIBUTION OF THIS RESOLUTION; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
O The Town Clerk explained that the Palm Beach County Municipal League is
requesting that all municipalities adopt a similar resolution and that
she had prepared Resolution No. 98 -3, copies of which were distributed,
in the event the Commission wanted to consider such.
Vice Mayor Orthwein believed this is an important matter and directed
the Town Clerk to read the Resolution by title.
Resolution No. 98 -3; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, FLORIDA, EXPRESSING ITS VIGOROUS OPPOSITION TO HOUSE BILL
3291 WHICH IS SOMETIMES CITED AS THE "TELECOMMUNICATIONS RIGHTS -OF -WAY
ACT" OR ANY SIMILAR LEGISLATION SINCE SUCH ACT OR LEGISLATION WOULD HAVE
SIGNIFICANT ADVERSE IMPACTS WITH REGARD TO A LOCAL GOVERNMENT'S
AUTHORITY OVER ITS PUBLIC RIGHTS -OF -WAY AS WELL AS ITS AUTHORITY OVER
THE TELECOMMUNICATIONS PROVIDERS WHO MAY WISH TO UTILIZE SAME; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Commissioner Lynch moved and Commissioner Hopkins seconded the adoption
of Resolution No. 98 -3. Roll Call: Comm. Devitt; AYE, Comm. Lynch;
AYE, Comm. Hopkins; AYE, and Vice Mayor Orthwein; AYE.
XI. Public. There was no comment from the public.
XII. Adjournment. Vice Mayor Orthwein adjourned the meeting at 10:12
A.M. following a motion to do so made by Commissioner Lynch that
was seconded by Commissioner Devitt with all voting in the affirmative.
I
Rita L. Taylor, To Clerk