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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. w jo4 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