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HomeMy Public PortalAbout08/11/1998MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Fred B. Devitt III Robert W. Hopkins II William A. Lynch REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE THE TOWN OF GULF STREAM ON TUESDAY, AUGUST 11, 1998 COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, FLORIDA. I. Call to Order. II. Pledge of Allegiance. III. Roll Call. August 4, 1998 TOWN COMMISSION OF AT 9:00 A.M., IN THE GULF STREAM, IV. Minutes of the Regular Meeting & Public Hearing of July 21, 1998. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting Thursday, Sept. 10, 1998 at 4 P.M. 2. 1st Budget Hearing Thursday, Sept. 10, 1998 at 5:01 P.M. 3. 2nd Budget Hearing Tuesday, Sept. 22, 1998 at 5:01 P.M. 4. Regular Meeting Friday, Oct. 23, 1998 at 9 A.M. 5. Regular Meeting Friday, Nov. 13, 1998 at 9 A.M. 6. Regular Meeting Friday, December 11, 1998 at 9 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by William Wietsma Co., Inc., as agent for D.B.Y.C. Partnership, the owner of the property located at 2002 Pelican Lane, Gulf Stream, Florida, which is legally described as Lot 9, Driftwood Landing Subdivision. a. LAND CLEARING PERMIT to permit the removal of exotic trees and others to allow for ingress and egress to the property and clear the site for the pool. b. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit the construction of a one -story single family dwelling consisting of 6,026 square feet, and a swimming pool. VIII. Reports. A. Town Manager 1. Recodification Update a. General Code of Ordinances b. Design Manual 2. Utility Line Update 3. Road Damage Impact Fee (Construction) 4. Road Paving Update B. Town Attorney E AGENDA CONTINUED C. Architectural Review & Planning Board 1. Meeting Dates a. There will be no meeting held in August 1998. t,J b. Regular Meeting & Public Hearing 9 -24 -98 at 8:30 A.M. c. Regular Meeting & Public Hearing 10 -22 -98 at 8:30 A.M. d. Regular Meeting & Public Hearing 11 -19 -98 at 8:30 A.M. D. Finance Director 1. Financial Report for July 1998 2. Bi- monthly Water Report E. Police Chief 1. Activity for July 1998 IX. Items for Commission Action. A. Resolution No. 98 -8; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, SUPPORTING THE PASSAGE OF "HOMEOWNERS' PROTECTION ACT ", WHICH WILL HELP RELIEVE THE PREMIUM INCREASE AND FURTHER STABILIZE THE INSURANCE MARKET; PROVIDING FOR DISTRIBUTION AND PROVIDING AN EFFECTIVE DATE. B. Items by Mayor and Commissioners. X. Correspondence. A. Beach Funding Report - Issues Forum, Ingtergovernmental Coordination Program B. Resolution #R98 -114 urging the Florida Legislature to provide financial assistance or reimbursements to school districts that utilize proactive measures in the design, construction and remodeling of local schools for enhancement of safety concerns -City of Boynton Beach XI. Public. XII. Adjournment. O 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 C�D MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Fred B. Devitt III Robert W. Hopkins II William A. Lynch REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE THE TOWN OF GULF STREAM ON TUESDAY, AUGUST 11, 1998 COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, FLORIDA. I. Call to Order. II. Pledge of Allegiance. III. Roll Call. August 7, 1998 TOWN COMMISSION OF AT 9:00 A.M., IN THE GULF STREAM, IV. Minutes of the Regular Meeting & Public Hearing of July 21, 1998. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting Thursday, Sept. 10, 1998 at 4 P.M. 2. 1st Budget Hearing Thursday, Sept. 10, 1998 at 5:01 P.M. 3. 2nd Budget Hearing Tuesday, Sept. 22, 1998 at 5:01 P.M. 4. Regular Meeting Friday, Oct. 23, 1998 at 9 A.M. 5. Regular Meeting Friday, Nov. 13, 1998 at 9 A.M. 6. Regular Meeting Friday, December 11, 1998 at 9 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by William Wietsma Co., Inc., as agent for D.B.Y.C. Partnership, the owner of the property located at 2002 Pelican Lane, Gulf Stream, Florida, which is legally described as Lot 9, Driftwood Landing Subdivision. a. LAND CLEARING PERMIT to permit the removal of exotic trees and others to allow for ingress and egress to the property and clear the site for the pool. b. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit the construction of a one -story single family dwelling consisting of 6,026 square feet, and a swimming pool. VIII. Reports. A. Town Manager 1. Recodification Update a. General Code of Ordinances b. Design Manual 2. Utility Line Update 3. Road Damage Impact Fee (Construction) 4. Road Paving Update B. Town Attorney ra C. Architectural Review & Planning Board 1. Meeting Dates a. There will be no meeting held in August 1998. l� b. Regular Meeting & Public Hearing 9 -24 -98 at 8:30 A.M. C. Regular Meeting & Public Hearing 10 -22 -98 at 8:30 A.M. d. Regular Meeting & Public Hearing 11 -19 -98 at 8:30 A.M. D. Finance Director 1. Financial Report for July 1998 2. Bi- monthly Water Report E. Police Chief 1. Activity for July 1998 IX. Items for Commission Action. A. Resolution No. 98 -8; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, SUPPORTING THE PASSAGE OF "HOMEOWNERS' PROTECTION ACT ", WHICH WILL HELP RELIEVE THE PREMIUM INCREASE AND FURTHER STABILIZE THE INSURANCE MARKET; PROVIDING FOR DISTRIBUTION AND PROVIDING AN EFFECTIVE DATE. B. AlA Landscape Project 1. Acceptance of landscape installation per approved DOT Plans. 2. Authorization for use of remaining funds. C. Items by Mayor and Commissioners. X. Correspondence. A. Beach Funding Report- Issues Forum, Ingtergovernmental Coordination Program B. Resolution #R98 -114 urging the Florida Legislature to provide financial assistance or reimbursements to school districts that utilize proactive measures in the design, construction and remodeling of local schools for enhancement of safety concerns -City of Boynton Beach 0 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 AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON TUESDAY, AUGUST 11, 1998 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. The meeting was called to order by Mayor Koch at 9:00 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 Fred B. Devitt III Commissioner Robert W. Hopkins II Commissioner Absent with Notice: William A. Lynch Also Present and Kristin K. Garrison Participating: Rita Taylor William Thrasher Robert Schultz William Wietsma Commissioner Town Manager Town Clerk Finance Director Police Chief Agent IV. Minutes of the Regular Meeting & Public Hearing of July 21. 1998. Commissioner Devitt moved and Commissioner Hopkins seconded that the minutes be approved as circulated and all voted AYE. V. Additions. withdrawals, deferrals. arrangement of agenda items. There were no changes in the agenda. VI. A. Regular Meetings and Public Hearings 1. Regular Meeting Thursday, Sept. 10, 1998 at 4 P.M. 2. 1st Budget Hearing Thursday, Sept. 10, 1998 at 5:01 P.M. 3. 2nd Budget Hearing Tuesday, Sept. 22, 1998 at 5:01 P.M. 4. Regular Meeting Friday, Oct. 23, 1998 at 9 A.M. 5. Regular Meeting Friday, Nov. 13, 1998 at 9 A.M. 6. Regular Meeting Friday, December 11, 1998 at 9 A.M. Mayor Koch made these announcements. VII. PUBLIC HEARING. A. Applications for Development Approval Following the oath, administered by the Town Clerk to Mr. Wietsma, the Commissioners advised that they had had no ex -parte communications in regards to the Wietsma application. Minutes of the Regular Meeting & Public Hearing Town Commission - August 11, 1998 page 2 1. An application submitted by William Wietsma Co., Inc., as agent for D.B.Y.C. Partnership, the owner of the property located at 2002 Pelican Lane, Gulf Stream, Florida, which is legally described as Lot 9, Driftwood Landing Subdivision. QWilliam Wietsma displayed a copy of the site plan explaining that the lot is 100' deep and 200' wide, an unusual configuration. He added that the maximum permitted FAR for a structure on this property is 6,798 square feet and that he is proposing a total floor area of 6,026 square feet with a maximum height of 201. Mr. Wietsma pointed out that there is a front setback of 25', a rear setback of 30+1, a 15' east side setback and a west side setback of 48'7 ". In closing, Mr. Wietsma presented a color rendering showing the primary color to be beige with dark green shutters, white flat tile roof, a mahogany front door, and having the garage doors on the end of the structure with landscape screening so they are not visible from the street. Town Manager Garrison reported that the ARPB held two hearings on this project. At the first hearing, the proposed structure that was considered had one continuous roof line with a higher roof which accentuated the width of the property. She explained that the Board asked the applicant to return with a revised plan to break up the long straight appearance of the structure. Mrs. Garrison then called attention to the rendering that was displayed and pointed out that this revised plan included 2 different roof lines, a roof height that had been lowered to 20' and stepbacks added to the front elevation. She advised that the ARPB recommended approval of this revised design with a unanimous vote, with conditions that were recommended in the staff report. a. LAND CLEARING PERMIT to permit the removal of exotic trees and others to allow for ingress and egress to the property and clear the site for the pool. Commissioner Devitt moved and Commissioner Hopkins seconded that a Land Clearing Permit be approved based on a finding that the application meets applicable permitting criteria. Roll Call: Comm. Orthwein; AYE, O Comm. Devitt; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. b. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit the construction of a one -story single family dwelling consisting of 6,026 square feet, and a swimming pool. Commissioner Devitt moved to approve the Level III Architectural /Site Plan Review of the revised plan based on a finding that the proposed home is consistent with applicable review standards, with the following conditions: 1) The septic system must be approved by the Palm Beach County Health Unit prior to issuance of a building permit. 2) A five foot high pool barrier which complies with the Palm Beach County pool barrier regulations shall be provided prior to issuance of a certificate Minutes of the Regular Meeting & Public Hearing Town Commission - August 11, 1998 page 3 of occupancy with any chain link fencing to be completely screened by landscaping material. The motion was seconded by Commissioner Hopkins. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. ^ VIII. Reports, (v A. Town Manager 1. Recodification Update a. General Code of Ordinances b. Design Manual Town Manager Garrison explained that the Code of Ordinances has not been recodified since 1991, meaning that all ordinances adopted since that time are not found in the book but have to be reviewed in Ordinance form. In addition, she pointed out that the Design Manual is a separate document that has replaced the section in the code that covered the single family zoning district. Mrs. Garrison stated that the staff is recommending that the Design Manual be reformatted and included as a chapter in the Code of Ordinances. She advised that the pictures and graphics will be included but that the font will be different. The Manual will then be a part of the Land Development Code which is a subpart in the Code of Ordinances and could be sold as one complete item as opposed to currently having to sell the Manual and Subpart B from the Code of Ordinances in order to have a complete Land Development Code. The Staff advised that the Manual now sells for $35 and the Subpart B (Red Book) for $35 with the entire Code of Ordinances available for $75 which does not include the Manual. Mayor Koch questioned if additional proposals should be obtained, observing that an estimated cost for this work came only from Municipal Code Corporation. Town Manager Garrison advised that Municipal Code Corp. has been handling the recodifications for the Town continually in the past and the price per page quotation appears to be the same as it was over the last several reprints. Commissioner Hopkins moved and Commissioner Orthwein seconded that the Town Manager be authorized to proceed with the recodification of the CCode, which will include incorporating the Design Manual in the Code, with Municipal Code Corporation. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. 2. Utility Line Update Town Manager Garrison advised that Mr. Thrasher will be attending the Grants Open House in Miami on Friday with attention directed to seeking grant assistance for funding a project to move the overhead wires to an underground system. Minutes of the Regular Meeting & Public Hearing Town Commission - August 11, 1998 page 4 3. Road Damage Impact Fee (Construction) Mrs. Garrison reported that she had contacted Attorney Randolph regarding this matter and that he would be researching this to ascertain if it would be possible to implement an impact fee for road damage. 4. Road Paving Update OThe Town Manager called attention to an estimate from Ranger Construction Industries, Inc. for the road paving that had been discussed at the July meeting. She pointed out that Ranger has the County bid for asphalt paving in Palm Beach County and upon meeting with them on site, the staff is recommending that a little more paving be done than originally discussed in order to meet volume requirements for the lowest rate. This work would include Sea Road, Gulf Stream Road, Banyan Road, Lakeview Road and Oleander, however it does not appear that the work can be accomplished during August unless there is a cancellation that we could fit into at the last minute. The Mayor and Commissioners were concerned about the provision in the proposal that stated Ranger is not responsible for any tire tracking on existing roads, concrete and paver bricks, or for the removal of the windrow of grass and dirt that would be left near the edge of the pavement. They were interested in having the removal of the windrows be a part of the contract, and believed that the company should control the tracking problem. The Town Manager was directed to contact Ranger Construction with regard to cleaning up the windrows and an amended proposal which would break out the cost of the extra work required on Oleander as a separate item rather than showing it as a $17 per ton increase in the asphalt for Oleander. Commissioner Orthwein moved and Commissioner Devitt seconded that the paving be approved provided the Mayor and the Town Manager, being authorized by the Commission, are able to satisfactorily address the expressed concerns with the contractor. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. �} B. Town Attorney There was no report from the Town Attorney. C. Architectural Review & Planning Board 1. Meeting Dates a. There will be no meeting held in August 1998. b. Regular Meeting & Public Hearing 9 -24 -98 at 8:30 A.M. c. Regular Meeting & Public Hearing 10 -22 -98 at 8:30 A.M. d. Regular Meeting & Public Hearing 11 -19 -98 at 8:30 A.M. Mayor Koch called attention to these scheduled meetings. Minutes of the Regular Meeting & Public Hearing Town Commission - August 11, 1998 page 5 D. Finance Director 1. Financial Report for July 1998 William Thrasher advised he would be pleased to answer any questions Oregarding the Financial Report that was circulated and added that he would be presenting some budget adjustments at the September meeting. There were no questions and Commissioner Orthwein moved, with Commissioner Hopkins seconding the motion, that the Financial Report be approved as circulated. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. 2. Bi- monthly Water Report There were no questions regarding the report which reflected a 17.816 decrease in water consumption from the base year 1988 -1989. E. Police Chief 1. Activity for July 1998 Chief Schultz presented his activity report and advised that 4 of the officers had been alternately using some of their accrued vacation time during the month of July in an effort to reduce the amount of carry -over into the new fiscal year. He further reported that several illegal aliens had been apprehended in Gulf Stream and turned over to immigration officials. IX. Items for Commission Action, A. Resolution No. 98 -8; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, SUPPORTING THE PASSAGE OF "HOMEOWNERS' PROTECTION ACT", WHICH WILL HELP RELIEVE THE PREMIUM INCREASE AND FURTHER STABILIZE THE INSURANCE MARKET; PROVIDING FOR DISTRIBUTION AND PROVIDING AN EFFECTIVE DATE. Town Clerk Taylor read the Resolution No. 98 -8 by title. Commissioner Orthwein moved it's adoption and the motion was seconded by Commissioner Hopkins. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. B. AlA Landscape Project 1. Acceptance of landscape installation per approved DOT Plans. 0 Town Manager Garrison explained that the installation of the landscape material is now complete with the exception of some "fine tuning" which is in progress. Mrs. Garrison pointed out that the Gulf Stream Golf Club had cleared a small area along AlA of the invasive "mother -in -law tongues" but that they were already growing back. She then advised that Arazoza Brothers had cleared a test area of this plant and will be placing weed barrier cloth over the cleared area and covering it with pine needles in an effort to prevent regrowth. She stated that as yet no invoice has been received for this and at least $2,000 should be set aside to cover the work and materials. Minutes of the Regular Meeting & Public Hearing Town Commission - August 11, 1998 The Commissioners were some native vegetation questioned if the Club area and Mrs. Garrison Qit will be necessary f Club members when they page 6 pleased with the appearance of this, noting that had been uncovered. Commissioner Orthwein would participate in the clearing of more of the replied that she had explored this and found that )r this to be considered by 2 committees of the return later this year. Commissioner Orthwein moved to accept the landscape installation along State Road AlA provided a letter from the Landscape Architect, approving the project and declaring it complete, is on file. The motion was seconded by Commissioner Devitt. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. 2. Authorization for use of remaining funds. Town Manager Garrison distributed a list of potential supplements to the AlA Landscape Enhancement Project, and estimated costs for each, (subject to DOT approval) as follows: 1) Coquina - finish street signs -18 signs; 30" wide x 18" tall with 4" bronze letters, $13,000. 2) Reserve funds for Landscape Architect to make adjustments, hold Town meeting, speak to residents when they return for season; miscellaneous plant materials, $15,000. 3) Grinding of Tree Stumps (unit price at $100 ea.) x 50 +, $5,000. 4) Jamaica Square, additional improvements- a. brick pavers, full replacement of asphalt @ $3.25 / sq.ft. $13,000 12. partial /accents (walkways, edges), $7,000 r.. Chattahoochee or compacted shellrock @ $2.50 /sq.ft. (could be combined w /paver accents, $11,000 d. New dumpster enclosure (by Jamaica Square) $5,000 -a. Additional plantings beside dumpster, along wall, and in small area at north end, $3,000. 5) Clear area behind Australian Pines on west side (in 2500 -2700 N. Ocean area), $20,000. The Town Manager reported that Jamaica Square agreed to replace the dumpster enclosure with the labor to be supplied by their maintenance men. There was some concern expressed that perhaps the personnel lacked expertise in this area and directed that the design and plans be presented to the Commission prior to construction. With regard to the installation of brick pavers, the Commissioners were opposed to funding this work, especially since Jamaica Square had indicated that they would not share the cost of any of the improvement. The Commissioners unanimously supplements to the project at $13,000; 2) Grinding of tree ea.), $5,000; 3) Additional in small area at north end in paver accents if funds allow, agreed to include the following these estimated costs: 1) Street signs @ stumps in right -of -way (up to 50 @ $100 plantings beside dumpster, along wall, and front of Jamaica Square; possibly brick $5,000; 4) Clear right -of -way of Minutes of the Regular Meeting & Public Hearing Town Commission - August 11, 1998 page 7 invasive vegetation behind Australian Pines on west side, in 2500 -2700 N. Ocean area; $11,000; and 5) Reserve funds for Landscape Architect to make adjustments, hold Town meeting, speak to residents when they return for season; miscellaneous plant materials, $15,000. This is an estimated total cost of $49,000 with any remaining funds or Qredistribution of funds to be added to the Reserve and the clearing of the right -of -way. C. Items by Mayor and Commissioners. There were no items from the Mayor or any of the Commissioners. X. Correspondence. A. Beach Funding Report- Issues Forum, Ingtergovernmental Coordination Program Town Manager Garrison reported that she had attended the Issues Forum which addresses issues that have county -wide impact. One of the issues at this meeting was concern that the possibility of diminishing funding sources for beach restoration could create a "funding gap" that would impact the future of beach preservation in the county. Mrs. Garrison explained that the Palm Beach Countywide Intergovernmental Coordination Committee established a subcommittee to review the issue and consider alternatives for closing the funding gap. The focus of the Subcommittee's work is the generation and distribution of local funds in the face of the potential for diminishing Federal and State funds in the future, and the potential for rising project costs, she said. The Town Manager advised that establishment of a Countywide voter referendum, and will be Municipal League. Inasmuch a both the Issues Forum and the from the Commission. the Subcommittee is recommending the Dependent Taxing District, subject to a presenting this to the Palm Beach County e Mrs. Garrison is the voting member of Municipal League, she asked for direction Mayor Koch was opposed to the recommendation and Commissioner Hopkins stated that he would like to know more about this proposal before taking a position. The Town Manager advised that the Mayor from South Palm CBeach is the Chairman of this Subcommittee and is willing to appear ` before any governing body to explain the recommendation. Mayor Koch suggested that Commissioner Hopkins meet with the Chairman to discuss the matter. The Commission directed Town Manager Garrison to abstain from voting on this issue until further notice. B. Resolution #R98 -114 urging the Florida Legislature to provide financial assistance or reimbursements to school districts that utilize proactive measures in the design, construction and remodeling of local schools for enhancement of safety concerns -City of Boynton Beach This Resolution was made a part of the record. Minutes of the Regular Meeting & Public Hearing Town Commission - August 11, 1998 page 8 XI. Public. There was no comment from the public. XII. Adjournment, Mayor Koch adjourned the meeting at 10:25 A.M., on a motion to do so made by Commissioner Devitt that was seconded by Commissioner Orthwein with all voting in the affirmative. iC,� /� - °C Rita L. Taylor, To6 Clerk O