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HomeMy Public PortalAbout07/16/1999MAYOR: VICE MAYOR: COMMISSIONER William F. Koch, Jr. Joan K. Orthwein Fred B. Devitt III Robert W. Hopkins II William A. Lynch July 9, 1999 CJ REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JULY 16, 1999 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes of the Regular Meeting of June 4, 1999. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting, Friday, August 20, 19999 at 9:00 A.M. 2. Regular Meeting and Budget Hearing to be decided 3. Final Budget Hearing to be decided 4. Regular Meeting, Friday, October 8, 1999 at 9:00 A.M. 5. Regular Meeting, Friday, November 12, 1999 at 9:00 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Tim Diamond as Agent for Delray Ocean Estates, Inc., contract purchaser of the property currently owned by Bessie and John Connelly, Jr., located at 590 Wrightway, Gulf Stream, Florida, which is O legally described as Lot 11, Block 3, Polo Fields Plat #1 Subdivision, Gulf Stream, Florida.(CONTINUED FROM 6- 24 -99) a. SPECIAL EXCEPTION to permit the addition of a balcony that exceeds the maximum Floor area Ratio by 300 square feet, to be placed on the west elevation of a proposed two -story Bermuda style single family dwelling. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction o a two -story Bermuda style single family dwelling consisting of 7,826 square feet (includes the 300 sq. ft. Special Exception. VIII. Reports. A. Town Manager 1. Health Insurance Update 2. AIA Historic Highway a. Project completion b. Long -term maintenance B. Town Attorney C. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 7 -22 -99 at 8:30 A.M. b. No meeting will be held in August 1999 c. Regular Meeting & Public Hearing 9 -23 -99 at 8:30 A.M. d. Regular Meeting & Public Hearing 10 -28 -99 at 8:30 A.M. e. November 1999 meeting to be decided f. Regular Meeting & Public Hearing 12 -23 -99 at 8:30 A.M. Lam.. d Town Commission- Regular Meeting and Public Hearing 1997 Page 2 D. Finance Director 1. Financial Report for June 1999 2. Y2K preparation a. Phone System E. Police Chief 1. Activity for June 1999 OIX. Items for Commission Action. A. Resolution No 99 -3; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, REQUESTING A PORTION OF THE COUNTY EMERGENCY MEDICAL SERVICE GRANT AWARD PROGRAM FUNDS FOR 1999 -2000 FOR THE CITY OF DELRAY BEACH, FLORIDA. B. Recycling & Education Grant Offer & Acceptance 1999 -2000 from the Solid Waste Authority C. Interlocal Agreement for the Delivery of Municipal Solid Waste to a Designated Facility between the Town of Gulf Stream and the Solid Waste Authority of Palm Beach County. D. Interlocal Agreement to establish Municipal Public Safety Communications Consortium of Palm Beach County between Palm Beach County Municipalities and the Palm Beach County School District. E. Budget Presentation 1999 -2000 1. Budget Consideration 2. Proposed Millage Rate for 1999 -2000 3. Certification of Rolled Back Millage Rate 4. Date of First Public Hearing toward budget adoption 5. Date of second Public Hearing for final budget adoption F. Items by Mayor and Commissioners. X. Correspondence. A. Resolution #2290 urging the Palm Beach County Board of County Commissioners to proceed with a Municipal Service Taxing Unit Study -City of Belle Glade B. Resolution #78, 1999 supporting the position of the Black Coalition of the City of Riviera Beach to allow elementary school children from Riviera Beach to attend their neighborhood schools -City of Palm Beach Gardens 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 x G MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JULY 16, 1999 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. 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 William A. Lynch Commissioner Also Present and Kristin K. Garrison Participating: Rita Taylor William Thrasher Robert Schultz Tim Diamond Shane Ames Tom Murphy Town Manager Town Clerk Finance Director Police Chief Agent for Delray Ocean Estates, Inc. Architect for Delray Ocean Estates, Inc. Town Resident IV. Minutes of the Regular Meeting of June 4, 1999. Commissioner Lynch moved and Commissioner Hopkins seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals Town Manager Recovery Services, part of the Budget objections. Garrison request and an upgrade of Discussions under VI. Announcements. the Finance Item IX. E. A. Regular Meetings and Public Hearings 1. Regular Meeting, Friday, August 20, 2. Regular Meeting and Budget Hearing The Commissioners agreed that the Regular Meeting would be held on September 9, 1999 beginning at 4 Hearing to follow at 5:01 P.M. m VII.3. Post Disaster Directors Benefits as a There were no 1999 at 9:00 A.M. to be decided and Public Hearing P.M. with the Public 3. Final Budget Hearing to be decided It was agreed that the Final Budget Hearing would be held at 5:01 P.M. on September 21, 1999. 4. Regular Meeting, Friday, October 8, 1999 at 9:00 A.M. 5. Regular Meeting, Friday, November 12, 1999 at 9:00 A.M. The meeting dates as listed were agreeable with the Commissioners. Town Commission - Regular Meeting and Public Hearing July 16, 1999 Page 2 VII. PUBLIC HEARING. A. Applications for Development Approval Mayor Koch asked that all persons who intended to speak at the Public Hearing please stand to take the oath. The Town Clerk administered the oath to Tim Diamond and Shane Ames. There were no ex -parte communications declared. 1. An application submitted by Tim Diamond as Agent for Delray Ocean Estates, Inc., contract purchaser of the property currently owned by Bessie and John Connelly, Jr., located at 590 Wrightway, Gulf Stream, Florida, which is legally described as Lot 11, Block 3, Polo Fields Plat #1 Subdivision, Gulf Stream, Florida. (CONTINUED FROM 6-24 - 99) Shane Ames, Architect for Delray Ocean Estates, Inc., advised that all setbacks have been satisfied, and exceeded the minimum in some instances. He called attention to the second floor porch on the rear of the structure, which is the subject of the Special Exception. Mayor Koch reminded that this project had been reviewed by Urban Design and asked the Town Manager for their comments. Mrs. Garrison advised that Urban Design has recommended approval of the Special Exception. They further recommended, as had Mrs. Garrison, that the eave height for the second story be reduced to 2216" to bring it into the preferred category, and that the color on the primary structure be lightened and an exposed rafter tail used. She explained that Urban Design Studio expressed some concern for the balcony rail detail, as it is difficult to envision from the drawing. Mr. Ames advised that his client is agreeable to changing the color of the home and using exposed rafter tails. He further advised that they are not in agreement with lowering the second floor eave height, adding that this is the only discouraged feature on this project. Mr. Ames then displayed a large drawing of the proposed porch railing and explained that the material proposed is aluminum. Town Manager Garrison reported that the ARPB had recommended approval with all of the recommended conditions except the requirement that the eave of the second story be lowered from 24' to 2216 ". a. SPECIAL EXCEPTION to permit the addition of a balcony that exceeds the maximum Floor Area Ratio by 300 square feet, to be placed on the west elevation of a proposed two -story Bermuda style single family dwelling. Commissioner Lynch moved and Commissioner Devitt seconded that the Special Exception be approved to permit construction of a 300 square foot porch that exceeds the maximum permissible FAR, subject to the condition that prior to the issuance of a certificate of occupancy, the property owner shall file a restrictive covenant that prohibits the future enclosure of any portion of the 714 square feet of covered, unenclosed area for as long as the structure is in existence or exceeds Town Commission - Regular Meeting and Public Hearing July 16, 1999 Page 3 the permissible FAR. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction o a two -story Bermuda style single family dwelling consisting of 7,826 square feet (includes the 300 sq. ft. Special Exception). Commissioner Lynch moved and Commissioner Devitt seconded that the Level (� 3 Architectural /Site Plan Review be approved, based on a finding that J the proposed plans with revisions are consistent with applicable review standards, subject to the following conditions: 1) The rear setback shall be corrected to reflect a minimum setback of 30' as required by the Design Manual; 2) Drainage Plans, prepared by a professional engineer, shall be submitted prior to building permit, with the driveway being designed to include a swale, to prevent the run -off of drainage onto the road and to facilitate the free flow of drainage across the front of the property; 3) A Construction Traffic Management Plan shall be submitted prior to the issuance of a building permit application, which shall be reviewed and approved by the Town Manager, and followed during construction; 4) The owner shall select a primary building color that is one or two shades lighter than that shown on the rendering; and 5) The eave detail shall be changed to an exposed rafter -tail type of design, with a more traditional staggered quoin design to be used, except on the garage elevation. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. VIII. Reports. A. Town Manager 1. Health Insurance Update Town Manager Garrison reported a change in Health Insurance carriers due to being able to obtain better coverage for the employees for a little less in premiums. The new carrier is the Florida League of Cities; Florida Municipal Insurance Trust (FMIT). 2. AlA Historic Highway a. Project completion The Town Manager advised that the project is complete with the exception of the installation of the street markers. She stated that the two markers for Sea Road had been installed parallel to Sea Road. After seeing them it was determined that the markers should be buried deeper and that perhaps they would be more attractive if they were placed at an angle, which has been done, rather than parallel to the street. The Manager then asked which position the Commissioners would prefer. After considerable discussion, Commissioner Hopkins moved that the street markers be placed perpendicular to AlA, parallel to the side streets, and the motion was seconded by Commissioner Devitt. Roll Call: Comm. Orthwein; NAY, Comm. Devitt; AYE, Comm. Lynch; NAY, Comm. Hopkins; AYE, and Mayor Koch; AYE Town Manager Garrison then advised that there have been no locations designated for the six "N. Ocean Blvd." markers. The Commission believed that six markers would be too many. It was agreed that only Town Commission - Regular Meeting and Public Hearing July 16, 1999 Page 4 two or three would be used, and that they would be placed on the east side of N. Ocean Blvd. b. Long -term maintenance The Town Manager presented 5 options for watering the landscaping along AlA and 4 options for maintaining the landscaping. Inasmuch as the Gulf Stream Golf Club had expressed a willingness to provide maintenance on the planting adjacent to their property, the Commission agreed to accept their offer as most other property owners along AlA are maintaining the plantings adjacent to their property. The Commission authorized that the draft letter prepared by the Town Manager be forwarded to the Golf Club to confirm the acceptance. However, the Town Manager was directed to arrange with either Arazoza Brothers or Hardrives to also water the trees along AlA until they are firmly established, usually a period of one year. With regard to maintenance, it was noted that Way Hoyt, the Town's Arborist, currently maintains the pine trees and no action was taken with regard to long term maintenance. The Town Manager reported the Town Attorney advised that the Town would be responsible to replace the plant material that may die in the future and funds have been provided in the proposed budget for 1999 -2000. 3. Post Disaster Recovery Services Mrs. Garrison reported that the City of Delray Beach recently contracted with an organization that specializes in post disaster recovery services, Grubbs Construction Co. She further reported that Delray Beach had thoroughly checked into the company's background and references, and has recommended that Gulf Stream also consider a similar contract. Grubbs' Emergency Management Division, which is based in Tampa, provides many services including: 1) Storm Debris Removal; 2) Technical Assistance; 3) Assistance in preparation of Damage Survey Reports; 4) Orientation and training of staff; 5) Assistance in preparation of claim documentation for reimbursement; and 6) General Consultation. She closed by advising there is no annual retainer, only a one -time $100 "good and valuable consideration" payment, and that she would be meeting with representatives in the afternoon. Mrs. Garrison asked if the Commissioners had any questions they would like to have answered. Commissioner Devitt advised that there is another company that contracts this type of work and he felt the Town Manager should speak with them, and perhaps other firms that specialize in this work, before any decisions are made. The other Commissioners agreed and requested that the Town Manager ask if the cost of the work would be reduced for the work that was not reimbursable from FEMA. B. Town Attorney There was no report from the Town Attorney. C. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 7 -22 -99 at 8:30 A.M. b. No meeting will be held in August 1999 c. Regular Meeting & Public Hearing 9 -23 -99 at 8:30 A.M. d. Regular Meeting & Public Hearing 10 -28 -99 at 8:30 A.M. e. November 1999 meeting to be decided Town Commission - Regular Meeting and Public Hearing July 16, 1999 Page 5 f. Regular Meeting & Public Hearing 12 -23 -99 at 8:30 A.M. Mayor Koch called attention to these dates. D. Finance Director 1. Financial Report for June 1999 There were no questions regarding the Financial Report and Commissioner Lynch moved and Commissioner Hopkins seconded that the report be accepted as presented by Mr. Thrasher. Roll Call: Comm. Orthwein; AYE, �1 Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; l -J AYE. 2. Y2K preparation Mr. Thrasher reported that he has had conversations with Mr. Tom Murphy, a Town Resident who has expressed concern in regard to Y2K preparations. He explained that Mr. Murphy is present to directly explain his concerns. Mr. Murphy stated that he is concerned about loss of power and delivery of services and food. However, his primary concern is for the safety of the residents at the turn of the century. He believed that while most residents will have made provisions for their needs during any breakdowns in this transitional period, there is the possibility that those without any resources may attempt to forcibly take from those who have them. He feared there could be rioting and violence as a result. Mr. Murphy suggested that perhaps plans could be made to use the Gulf Stream School as a shelter for the residents since there are generators for electricity and the police could secure the building. He closed by offering his services in any pre - planning efforts. Mayor Koch advised that the Town is concerned with the safety of the residents and most likely a plan of operation very similar to the one in place to handle post hurricane problems of security would be initiated. The Commissioner thanked Mr. Murphy for his suggestions and assured him that the Town would continue to be exploring additional safeguards. a. Phone System Mr. Thrasher explained that there have been recent breakdowns in the phone system and the company, Executone, no longer offers a maintenance agreement. He reported that he has been in contact with several phone companies and is in the process of analyzing their products and prices, which appear to be in the $12,000 range. Mr. Thrasher advised that the top four companies are Market Place Communications, Arrow Communications, Inc., Claricon Communications and Lucent Technologies. GThe Commission agreed a reliable company should replace the phone system with high quality technology as soon as possible. Commissioner Hopkins moved and Commissioner Lynch seconded that a new phone system be installed and $12,000 to cover the cost be taken from the unappropriated funds. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. E. Police Chief 1. Activity for June 1999 Chief Schultz presented a report on the police activity for June, adding that C.P.R. and defibrillator training has been completed and certificates, valid for two years, have been issued. He further Town Commission - Regular Meeting and Public Hearing July 16, 1999 Page 6 reported that a new police officer, Randy Ferguson, began employment on June 4 and Probationary Officer David Ginsberg reached his 6 month check point with his performance being found to be satisfactory. The Chief closed by advising the Town's annual hurricane preparation meeting was held at the Town Hall on June 28, 1999. IX. Items for Commission Action. A. Resolution No 99 -3; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, REQUESTING A PORTION OF THE COUNTY EMERGENCY MEDICAL SERVICE GRANT AWARD PROGRAM FUNDS FOR 1999 -2000 FOR THE CITY OF DELRAY BEACH, FLORIDA. Town Clerk Taylor read Resolution No. 99 -3 by title and explained that each year these grant funds are made available, and it has been customary for the Town to support the request for funds made by the City of Delray Beach, since they supply the fire and Emergency Medical Services to Gulf Stream. Mayor Koch expressed concern over the possibility that Delray Beach may close, or reduce staffing at, the fire station located east of the Intracoastal Waterway. He was further concerned that the response times are often 7.5 minutes as opposed to what he believed to be 5 minutes originally. He asked that these matters be investigated and resolved. He further suggested that perhaps an extension of the existing Interlocal Agreement for Services should be pursued, and asked that the Manager schedule a meeting with Delray Beach. There were no objections. Commissioner Orthwein moved that Resolution No. 99 -3 be adopted and the motion was seconded by Commissioner Lynch. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. B. Recycling & Education Grant Offer & Acceptance 1999 -2000 from the Solid Waste Authority Commissioner Lynch moved to approve the Recycling & Education Grant Offer & Acceptance for 1999 -2000 and authorize the Vice Mayor to execute same. Commissioner Orthwein seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. C. Interlocal Agreement for the Delivery of Municipal Solid Waste to a Designated Facility between the Town of Gulf Stream and the Solid Waste Authority of Palm Beach County. The Town Clerk advised that this agreement is identical to the agreement that is expiring. Commissioner Lynch moved to approve the Interlocal Agreement for the Delivery of Municipal Solid Waste as presented, and to authorize the Vice Mayor and Town Clerk to execute same. Commissioner Orthwein seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. D. Interlocal Agreement to establish Municipal Public Safety Communications Consortium of Palm Beach County between Palm Beach County Municipalities and including the Palm Beach County School District. Commissioner Lynch moved and Commissioner Hopkins seconded that the Interlocal Agreement to establish a Municipal Public Safety Town Commission - Regular Meeting and Public Hearing July 16, 1999 Page 7 Communications Consortium be approved, and the Vice Mayor and Town clerk be authorized to execute the agreement. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. E. Budget Presentation 1999 -2000 1. Budget Consideration Town Manager Garrison explained that the Proposed Budget for 1999 -2000 provides for a total of $1,425,552 as opposed to the adopted budget for fiscal year 1998 -1999 in the amount of $1,424,250. The rolled back millage rate for 1999 -2000 is $3.7853 per $1,000 of appraised value, and is also the millage rate that is proposed in the budget for 1999 -2000. Mrs. Garrison advised that the current millage rate is $4.0424 per $1,000 of appraised value. Turning to the matter of benefits for the Finance Director, the Town Manager advised that Mr. Thrasher would appreciate an upgrade in his benefits to the level of other department heads and that she is in agreement. She justified his status as a department head and enumerated the various duties that involved the use of his vehicle. Mrs. Garrison stated that an increase of his vehicle allowance to $300 per month and gasoline usage would be an additional cost to the Town of approximately $2,900 per year. She advised that this cost is not included in the proposed budget under consideration, but should it be included, it would not be necessary to increase the millage. The Town Manager closed her presentation by calling attention to the Proposed Budget for the Enterprise (water) Fund and advising it will not be necessary to increase water rates at this time. Commissioner Lynch moved and Commissioner Hopkins seconded that the proposed budget, as amended to include the additional benefits for Mr. Thrasher as requested, be approved. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. 2. Proposed Millage Rate for 1999 -2000 Commissioner Lynch moved and Commissioner Orthwein seconded to approve a proposed millage for 1999 -2000 in the amount of $3.7853 per each $1,000 of appraised value. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. 3. Certification of Rolled Back Millage Rate Commissioner Lynch moved to certify the rolled back millage rate for C ) 1999 -2000 at $3.7853 per each $1,000 of appraised value. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. 4. Date of First Public Hearing toward budget adoption The Commission agreed that the first public hearing would be held on Thursday, September 9, 1999 at 5:01 P.M. in the Town Hall. 5. Date of second Public Hearing for final budget adoption September 21, 1999 was tentatively selected for the second public hearing, to be confirmed at the August meeting. F. Items by Mayor and Commissioners. There were no items from the Mayor and Commissioners. Town Commission - Regular Meeting and Public Hearing July 16, 1999 Page 8 X. Correspondence. A. Resolution #2290 urging the Palm Beach County Board of County Commissioners to proceed with a Municipal Service Taxing Unit Study -City of Belle Glade B. Resolution #78, 1999 supporting the position of the Black O Coalition of the City of Riviera Beach to allow elementary school children from Riviera Beach to attend their neighborhood schools -City of Palm Beach Gardens These Resolutions were made a part of the official record. XI. Public. There was no comment from the public. XII. Adjournment. Mayor Koch adjourned the meeting at approximately 11:15 A.M. Rita L. Taylor //, Vwn Clerk