HomeMy Public PortalAbout08/20/1999August 13, 1999
MAYOR: William F. Koch, Jr.
VICE MAYOR: Joan K. Orthwein
COMMISSIONER: Fred B. Devitt III
Robert W. Hopkins II
William A. Lynch
O REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, AUGUST 20, 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 July 16, 1999.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. Regular Meeting, Thursday, September 9, 1999, 4:00 P.M.
2. Public Hearing- Tentative Budget, Sept. 9, 1999, 5:01 P. M.
3. Public Hearing- Adoption of Final Budget, Tuesday,
September 21, 1999 at 5:01 P.M.
4. Regular Meeting, Friday, October 22, 1999 at 9:00 A.M.
5. Regular Meeting for November 1999 to be discussed
6. Joint Meeting with ARPB in November 1999 to be discussed
7. Regular Meeting - December 10, 1999 at 9:00 A.M.
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by Mark Marsh, as Agent for Dr. &
OMrs. William Caskey, the owners of the property located at
3110 N. Ocean Blvd., Gulf Stream, Florida, which is
legally described as the South 50 feet of Lot 36 and Lot
37, less the South 25 feet, in Gulf Stream Properties
Subdivision.
a. A NORTH OCEAN BOULEVARD OVERLAY PERMIT
b. A LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
demolition of the existing structure and the
construction of a 2 -story single family Gulf Stream
Bermuda /Anglo- Caribbean style dwelling.
2. An application submitted by Tim Diamond, as agent for
Delray Ocean Estates, Inc., the contract purchaser of the
property located at 600 Wrightway, Gulf Stream, Florida,
which is legally described in metes and bounds in Sections
3 and 4, Township 46 South, Range 43 East in Gulf Stream,
Florida, and currently owned by Bessie and John Connelly,
Jr.
a. VARIANCE to permit the expansion of a one car garage
to a two -car garage that would encroach
approximately 619" into the required 15' north side
setback.
b. A LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
construction of a second story addition consisting of
1,598 square feet, and first floor additions
consisting of 562 square feet, to an existing Bermuda
style single family dwelling at the address stated
herein.
Page 2
3. An application submitted by Tim Diamond, as agent for
Delray Ocean Estates, the contract purchaser of the
property located at 550 Middle Road, Gulf Stream,
Florida, which is legally described as the south 50' of
Lot 14 and all of Lot 15 in Gulf Stream Cove Subdivision,
and currently owned by Whitin Capital, LLC.
a. A LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
Odemolition of the existing structure and the
construction of a 2 -story single family Bermuda style
dwelling.
4. An application submitted by William Wietsma, as agent for
Wendy Overton, the owner of the property located at 2525
Pelican Lane, Gulf Stream, Florida, which is legally
described as the westerly 95' of the east 322.51,of the
northerly 107' of lot 25 in subdivision 9- 46 -43.
a. A SPECIAL EXCEPTION to exceed the maximum Floor Area
Ratio by 300 square feet for an existing covered,
unenclosed porch.
b. VARIANCE, in relation to the Special Exception, from
one of the Special Exception Review Standards which
provides that for each one square foot of roof
projection over the maximum permissible FAR, 2
additional square feet of roof projection must be
provided that are within the maximum permissible FAR,
and shall remain forever unenclosed.
c. A LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
construction of a first floor addition consisting of
396 square feet to the existing two -story single
family dwelling.
5. An application submitted by Roger Cope, as agent for
Anthony Johnston, the owner of the property located at 825
Canary Walk, Gulf Stream, Florida, which is legally
described as Lot 21, Place Au Soleil Subdivision.
a. A LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to construct
additions consisting of 1,193 square feet to the
existing single family one story dwelling. The
additions expand the garage by 617" to the west and
add a master suite and dining area to the rear of the
home.
VIII. Reports.
A. Town Manager
1. Post Disaster Recovery Services
2. Fire Rescue update
3. Traffic and Vehicles
a. Golf carts on local roads
b. Overnight parking on local roads
4. Pool enclosures for new spas with an existing pool
5. AlA Maintenance
B. Town Attorney
C. Architectural Review & Planning Board
1. Meeting Dates
a. No meeting will be held in August 1999
b. Regular Meeting & Public Hearing 9 -23 -99 at 8:30 A.M.
c. Regular Meeting & Public Hearing 10 -28 -99 at 8:30 A.M.
d. Regular Meeting & Public Hearing 11 -18 -99 at 8:30 A.M.
e. Tentative Joint Meeting with Town Commission 11 -19 -99
f. December meeting not confirmed.
D. Finance Director
1. Financial Report for July 1999
2. Request for authorization for drainage improvements
3. Recommendation for additional water system improvements
to be funded from Water Fund Unappropriated Funds.
4. Water Usage
5. Y2K preparation
E. Police Chief
1. Activity for July 1999
F. Construction in Progress on July 31, 1999
Page 3
IX. Items for Commission Action.
A. Items by Mayor and Commissioners.
X. Correspondence.
A. Resolution No. 94, 1999 supporting proposed ordinance of Palm
Beach County Commission to amend Chap. 28 of P.B. Co. Code
pertaining to discharge of firearms, firearm sales and a
mandatory waiting period in P.B. County -City of P.G. 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
O
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, AUGUST 20, 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
Absent with
Notice:
William
A. Lynch
Commissioner
Also Present and
Participating
Kristin K. Garrison
Rita Taylor
William Thrasher
Robert Schultz
Digby Bridges
Tim Diamond
Shane Ames
Michael Juriga
Roger Cope
Town Manager
Town Clerk
Finance Director
Police Chief
Agent for Caskey
Agent for Delray
Ocean Estates, Inc.
Architect for Delray
Ocean Estates, Inc.
Agent for Overton
Agent for Johnston
IV. Minutes of the Regular Meeting of July 16, 1999. Commissioner
Hopkins moved and Commissioner Devitt seconded that the minutes
be approved as circulated and all voted AYE.
V. Additions. wi
were no
VI. Announcements.
L
s
arrangem
request
t of agenda items.
A. Regular Meetings and Public Hearings
1. Regular Meeting, Thursday, September 9, 1999, 4:00 P.M.
2. Public Hearing- Tentative Budget, Sept. 9, 1999, 5:01 P. M.
3. Public Hearing- Adoption of Final Budget, Tuesday,
September 21, 1999 at 5:01 P.M.
Mayor Koch advised that he would be unable to attend this Hearing and
the Town Manager reported that Commissioner Lynch had made tentative
plans to return for this meeting if necessary. It was determined there
would be a quorum without his attendance.
4. Regular Meeting, Friday, October 22, 1999 at 9:00 A.M.
Mayor Koch and Commissioner Hopkins advised they would be unable to
attend this meeting.
Town Commission - Regular Meeting & Public Hearing
August 20, 1999
Page 2
5. Regular Meeting for November 1999 to be discussed
The Commissioners agreed that the November meeting would be held on
Friday, November 19, 1999 since the usual meeting date falls between the
Veterans Day holiday and the weekend.
6. Joint Meeting with ARPB in November 1999 to be discussed
It was further agreed that a Joint Meeting with the Architectural Review
and Planning Board would also be held on November 19, 1999 to discuss
the ARPB recommendations regarding amendments to the Design Manual.
7. Regular Meeting - December 10, 1999 at 9:00 A.M.
The Commissioners agreed to hold the meeting on this date, which is the
regular meeting date.
VII. PUBLIC HEARING.
A. Applications for Development Approval
Mayor Koch asked that all persons who intended to speak at the Public
Hearing to please stand to take the oath. The Town Clerk administered
the oath to the following: Digby Bridges, Tim Diamond, Michael Juriga,
Wendy Overton and Roger Cope.
There were no ex -parte communications or site visits disclosed.
1. An application submitted by Mark Marsh, as Agent for Dr. &
Mrs. William Caskey, the owners of the property located at
3110 N. Ocean Blvd., Gulf Stream, Florida, which is
legally described as the South 50 feet of Lot 36 and Lot
37, less the South 25 feet, in Gulf Stream Properties
Subdivision.
Inasmuch as Mr. Marsh was unable to attend, Digby Bridges, of Digby
Bridges, Marsh & Associates, explained that the existing structures will
be demolished, the existing pond in the front will be filled in, and a
two -story Georgian, Anglo /Caribbean style will be constructed. Mr.
Bridges explained that the center portion of the structure will be two -
story with a rather formal appearance and there will be a one -story wing
on each side that extends to the west. He further explained that the
height of the two story portion was originally at 3216 ", which is
discouraged, but the height has now been reduced by two and one -half
feet in order to achieve a preferred status. In addition, he advised
that the location of the windows on the side elevations have been
changed as recommended by the ARPB.
'1 Town Manager Garrison reported that the ARPB had recommended approval
`J with certain conditions that are listed in the staff report.
a. A NORTH OCEAN BOULEVARD OVERLAY PERMIT
Commissioner Devitt moved and Commissioner Orthwein seconded that a
North Ocean Blvd. Overlay Permit be granted based on a finding that the
proposed improvements are consistent with the AlA landscape enhancement
project. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm.
Hopkins; AYE, and Mayor Koch; AYE.
b. A LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
demolition of the existing structure and the
construction of a 2 -story single family Gulf Stream
Bermuda / Anglo- Caribbean style dwelling.
Town Commission - Regular Meeting & Public Hearing
August 20, 1999
Page 3
Commissioner Devitt moved and Commissioner Hopkins seconded the approval
of a Level 3 Architectural /Site Plan Review for the demolition of
existing structures and construction of a new two -story residence, based
on a finding that the proposed home meets the intent of the Design
Manual and applicable review standards with the following conditions: 1)
QA 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.
2) Overall roof height shall be lowered from 3215" to a maximum of 30'
as set forth in the Design Manual. In addition, any roof features such
as chimneys may not exceed 35' overall. 3) Prior to permit, correct the
FAR calculations as they pertain to the entry foyer. The square footage
shall be counted double due to the ceiling being over 15'. Roll Call:
Comm. .Orthwein; AYE, Comm. Devitt; AYE, Comm. Hopkins; AYE, and Mayor
Koch; AYE.
2. An application submitted by Tim Diamond, as agent for
Delray Ocean Estates, Inc., the contract purchaser of the
property located at 600 Wrightway, Gulf Stream, Florida,
which is legally described in metes and bounds in Sections
3 and 4, Township 46 South, Range 43 East in Gulf Stream,
Florida, and currently owned by Bessie and John Connelly,
Jr.
The Town Clerk administered the Oath to Shane Ames who had just arrived.
Shane Ames, Architect for Delray Ocean Estates explained that there is
an existing one - story, Gulf Stream Bermuda style structure and it is
proposed that a second story be added, and originally that the existing
one -car garage be extended into the north setback to accommodate two
cars to meet the requirements that single family dwellings must provide
a two -car garage. He advised that this would have required a variance
approval of 6'9" but the owner has withdrawn this request. Mr. Ames
further advised that the owner plans to fill in the existing yacht basin
and move the seawall to the west to match the existing seawall on the
adjacent property.
Town Manager Garrison reported that the ARPB had recommended the
Variance be denied, in that they did not feel the applicant had met the
criteria for variance approval. She further advised that the ARPB had
pointed out that a double garage was only required for new structures.
r'1 Mrs. Garrison reported that at the ARPB Hearing, Mr. Diamond stated he
.�' was withdrawing the variance request and wanted to proceed with all
improvements requested except the extension of the garage. She closed
by reporting the ARPB recommended approval of the site plan without the
garage extension, with conditions listed in the staff report.
a. VARIANCE to permit the expansion of a one car garage
to a two -car garage that would encroach
approximately 619" into the required 15' north side
setback.
This request was withdrawn by the Agent, Tim Diamond.
Town Commission- Regular Meeting & Public Hearing
August 20, 1999
Page 4
b. A LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
construction of a second story addition consisting of
1,598 square feet, and first floor additions
consisting of 562 square feet, to an existing Bermuda
style single family dwelling at the address stated
herein.
Commissioner Devitt moved to approve the Level 3 Architectural Site Plan
Review, based on a finding that the proposed plans are consistent with
applicable review standards with the following conditions: 1) Approval
from the Army Corp of Engineers shall be required prior to any fill
being added to the existing cove area on the southwest portion of the
site. This shall be secured prior to the issuance of a building permit;
2) Any replacement driveway shall be 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 which shall be reviewed and Approved by
the Town Manager and followed during construction; 4) A primary
building color that is one or two shades lighter than that shown on the
rendering shall be selected; 5) Drainage Plans, prepared by a profes-
sional engineer, shall be submitted prior to building permit; 6) The
addition shall comply with all FEMA regulations and procedures; 7) The
plans shall be revised to remove the additional encroachment into the
north side setback. The motion was seconded by Commissioner Hopkins.
Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Hopkins; AYE,
and Mayor Koch; AYE.
3. An application submitted by Tim Diamond, as agent for
Delray Ocean Estates, the contract purchaser of the
property located at 550 Middle Road, Gulf Stream, Florida,
which is legally described as the south 50' of Lot 14 and
all of Lot 15 in Gulf Stream Cove Subdivision, and
currently owned by Whitin Capital, LLC.
Mr. Shane Ames, Architect for Delray Ocean Estates, advised that this is
a point lot with an existing structure that will be demolished. The
proposed home is designed for a full view of the Intracoastal Waterway
with a wide expanse of lawn adjacent to the Waterway. Pointing to the
proposed site plan, he noted that due to the shape of the lot, only a
very small portion fronts the street which is actually a hammerhead at
the dead end street. He advised that with a circular drive in front of
the home and landscape material in place, the new structure will hardly
be visible from the street. Mr. Shane closed his presentation by
advising this is a two -story light yellow color Gulf Stream Bermuda
style structure with mahogany stained shutters, adding that the eave
height is 24' which seems justified on a structure of this mass. He was
aware this is a discouraged feature.
Town Manager Garrison reported that Mr. Diamond had just handed her a
Warranty Deed for this property showing Delray Ocean Estates as the
current owner, thus changing their status on this application from a
Contract Purchaser. She advised that Urban Design Studios has reviewed
this proposed project and has recommended approval, and that the ARPB
Town Commission - Regular Meeting & Public Hearing
August 20, 1999
Page 5
has also recommended approval with the conditions listed in the staff
report.
Mr. Diamond, Agent for Delray Ocean Estates, advised that if the private
sewer system is available at this location, the owner will connect to
it.
a. A LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
demolition of the existing structure and the
construction of a 2 -story single family Bermuda style
dwelling.
Commissioner Devitt moved and Commissioner Hopkins seconded approval of
a Level 3 Architectural /Site Plan Review, based on a finding that the
proposed plans with revisions are consistent with applicable review
standards, subject to the following conditions: 1) Drainage Plans,
prepared by a professional engineer, shall be submitted prior to a
building permit. The driveway shall be designed to include a swale, to
prevent run -off of drainage onto the road and to facilitate the free
flow of drainage across the front of the property. The drainage shall
not be designed to direct run -off into the ICWW; 2) 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; 3) Driveway pavers and
planting island may not extend into the Town's right -of -way unless the
Town Commission approves a maintenance and removal agreement. The drive-
way entry shall be redesigned to include plantings or material changes
that inform the public of the distinction between public and private
property; 4) The flat white roof tile shall be installed with a mitered
corner; 5) Wherever possible, shutters should not overlap details such
as quoins. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm.
Hopkins; AYE, and Mayor Koch; AYE.
4. An application submitted by William Wietsma, as agent for
Wendy Overton, the owner of the property located at 2525
Pelican Lane, Gulf Stream, Florida, which is legally
described as the westerly 95' of the east 322.5',of the
northerly 107' of lot 25 in subdivision 9- 46 -43.
In the absence of William Wietsma, Michael Juriga explained the proposed
project. Mr. Juriga explained that the existing home has only two bed-
rooms and the owner would like to bring it up to current market
standards and those of area properties. He pointed out that by adding
396 square feet, which would include a third bedroom, bathroom and
closet, the home would still be smaller than any in the neighborhood.
Mr. Juriga further pointed out that this addition would exceed the FAR
limitations by 295 square feet, and he advised that he is requesting
that a Special Exception be granted to exceed the maximum FAR for a
covered porch, adding that the porch could be removed but that it adds
to the appearance of the structure and is enjoyed by the resident. Mr.
Juriga closed by stating that new windows will be installed in the home
and the materials used for the addition will match the existing home.
Town Manager Garrison advised that if such a Special Exception is to
be considered, it would be necessary to approve a variance from one of
Town Commission - Regular Meeting & Public Hearing
August 20, 1999
Page 6
the Special Exception Review Standards which provides that for each one
square foot of roof projection over the maximum permissible FAR, 2
additional square feet of roof projection must be provided that are
within the maximum permissible FAR, and shall remain forever unenclosed.
Mrs. Garrison further reported that the applicant has submitted signed
® support for this project from the surrounding property owners. The
Town Manager closed by advising that Urban Design Studios has recommend-
ed approval of all three requests, as has the ARPB.
a. A SPECIAL EXCEPTION to exceed the maximum Floor Area
Ratio by 300 square feet for an existing covered,
unenclosed porch.
Commissioner Devitt moved and Commissioner Hopkins seconded the approval
of a Special Exception to retain an existing unenclosed porch that
exceeds the maximum permissible FAR by 295 square feet. Roll Call:
Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Hopkins; AYE, and Mayor
Koch; AYE.
b. VARIANCE, in relation to the Special Exception, from
one of the Special Exception Review Standards which
provides that for each one square foot of roof
projection over the maximum permissible FAR, 2
additional square feet of roof projection must be
provided that are within the maximum permissible FAR,
and shall remain forever unenclosed.
Commissioner Devitt moved the approval of a Variance, in relation to the
Special Exception, granting relief from one of the Review Standards, and
the motion was seconded by Commissioner Hopkins. Roll Call: Comm.
Orthwein; AYE, Comm. Devitt; AYE, Comm. Hopkins; AYE, and Mayor Koch;
AYE.
c. A LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
construction of a first floor addition consisting of
396 square feet to the existing two -story single
family dwelling.
Commissioner Devitt moved and Commissioner Orthwein seconded the
approval of the Level 3 Architectural /Site Plan Review for a 396 square
foot addition, based on a finding that the proposed home meets the
intent of the Design Manual and applicable review standards, subject to
the following condition: 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. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm.
Hopkins; AYE, and Mayor Koch; AYE.
5. An application submitted by Roger Cope, as agent for
Anthony Johnston, the owner of the property located at 825
Canary Walk, Gulf Stream, Florida, which is legally
described as Lot 21, Place Au Soleil Subdivision.
Mr. Cope explained that the proposed addition would add approximately
1,000 square feet of living space and a small amount to the garage. He
advised that the existing staggered quoins would be changed to square
quoins and they would be extended around the entire structure. In
addition, a wide stucco foundation band is planned for the entire home
and 5' walls on each side of the home are being added due to having
Town Commission - Regular Meeting & Public Hearing
August 20, 1999
Page 7
removed the screen pool enclosure. Mr. Cope closed by advising that the
foundation stucco banding will be lowered to the height of the lowest
window sill on the front elevation as was suggested by the ARPB.
Town Manager Garrison reported that the ARPB has recommended approval of
this project with three conditions, one of which being the lowering of
the foundation banding.
�J a. A LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to construct
additions consisting of 1,193 square feet to the
existing single family one story dwelling. The
additions expand the garage by 6'7" to the west and
add a master suite and dining area to the rear of the
home.
Commissioner Devitt moved that the Level 3 Architectural /Site Plan
Review be approved, based on a finding that the proposed plans are
consistent with applicable review standards, subject to the following
conditions: 1) 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; 2) Drainage plans for the rear of the site shall be
submitted prior to, or concurrent with, an application for a building
permit. The drainage plan shall be designed to prevent adverse impacts
on neighboring properties; 3) The foundation stucco banding shall be
lowered to the height of the lowest window sill on the front elevation.
The motion was seconded by Commissioner Orthwein. Roll Call: Comm.
Orthwein; AYE, Comm. Devitt; AYE, Comm. Hopkins; AYE, and Mayor Koch;
AYE.
VIII. Reports.
A. Town Manager
1. Post Disaster Recovery Services
Town Manager Garrison advised that two firms had made presentations with
regard to supplying post disaster recovery services. These are Grubbs
Construction Company, who have the contract with the City of Delray
Beach for these services, and Ashbritt, Inc. She further advised that
Chief Schultz had completed background checks on both and there were no
unfavorable comments about either firm. Mrs. Garrison reported that
Ashbritt, Inc. had promised they would have a proposed agreement
delivered for review three weeks ago and it had not been received to
date. She called attention to the proposed agreement from Grubbs and
stated that Grubbs has offered to include local firms as some of the
sub - contractors if the Town so desires. The Town Manager advised that
Attorney Randolph has approved the proposed agreement and she
recommended entering into the agreement with Grubbs with the following
changes: 1) Gulfstream to be changed to Gulf Stream; 2) Add a
requirement for a performance bond; 3) Language clarification agreeing
that there would be no payment to Grubbs for services that are
ineligible for FEMA reimbursement; 4) Add a clause establishing a
timeline of removal. The Commissioners directed that in addition to
these changes, Grubbs be required to include Hardrives, a local firm
whose owner is a resident in Gulf Stream, as one of the sub - contractors.
Town Commission - Regular Meeting & Public Hearing
August 20, 1999
Page 8
Commissioner Orthwein moved to approve the Agreement for Disaster
Recovery Services as amended with the changes as stated, and to
authorize the Mayor and Town Clerk to execute the document. The motion
was seconded by Commissioner Devitt. Roll Call: Comm. Orthwein; AYE,
Comm. Devitt; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE.
2. Fire Rescue update
Town Manager Garrison reported that she and Mayor Koch had met with the
Delray officials regarding a five -year extension of the existing fire
contract. She advised that a copy of the proposed document is expected
in mid - September.
Mayor Koch advised that there will definitely be one change. The
handling of any hazardous spills in the Town will be covered by the Palm
Beach County unit rather than Delray Beach. He further advised that
there was no commitment in relation to the cost of the extended
contract.
3. Traffic and Vehicles
a. Golf carts on local roads
The Town Manager reminded that several years ago a State Law was passed
that made it possible for municipalities to adopt ordinances to permit
golf carts to use local streets if they are going to or from a golf
course, and Gulf Stream had adopted such ordinance. She reported that
the State Law has now changed and eliminated the requirement that the
carts must be going to and from a golf course. Mrs. Garrison further
reported that Chief Schultz has requested an ordinance amendment that
would require the driver of golf carts on local streets to have a valid
drivers license and to obey all traffic regulations that apply to other
vehicles. She advised that children are using the carts as toys and
creating a safety problem. Mrs. Garrison further reported that there
has been some concern that the carts are also being overloaded with
passengers.
Chief Schultz believed the police department can control the overloading
through the Laws of the State of Florida but strongly supports an
amendment as described by the Town Manager.
The Commissioners agreed that an ordinance amendment is in order and
directed that an ordinance be prepared for the September Regular
Meeting.
b. Overnight parking on local roads
Town Manager Garrison reported that the ARPB had been considering a
recommendation for an ordinance that would prohibit overnight parking on
local streets, citing a few instances where vehicles are parked in the
street for convenience rather than in the driveway.
The Commissioners took no action on this request.
4. Pool enclosures for new spas with an existing pool
The Town Manager advised that spas are included in the pool enclosure
provisions but in the past, when spas have been added where there is an
Town Commission - Regular Meeting & Public Hearing
August 20, 1999
Page 9
existing grandfathered pool, the Town has not required that a protective
enclosure be added. She asked for a policy decision on this matter.
The Commissioners directed that this be discussed at the joint meeting
with the ARPB.
5. AlA Maintenance
Mrs. Garrison reported that Hardrives is watering the palm trees on a
regular schedule and that Arazoza Brothers is watering the replanted
trees, but not so regularly. She further reported that the curved palms
have been re- staked, some by Arazoza and some by Able Tree Service, and
that the stakes will most likely be left on for another year.
Mayor Koch believed the Town should fertilize all of the trees that have
been staked in order to promote rapid root growth so the stakes can be
removed sooner.
The Town Manager stated it is difficult to coordinate with 64 different
adjacent residents, some of whom may already be fertilizing the trees
along with their own landscaping.
The Commission directed that the trees be fertilized by the Town, one
time, immediately.
B. Town Attorney
There was no report from the Town Attorney.
C. Architectural Review & Planning Board
1. Meeting Dates
a. No meeting will be held in August 1999
b. Regular Meeting & Public Hearing 9 -23 -99 at 8:30 A.M.
c. Regular Meeting & Public Hearing 10 -28 -99 at 8:30 A.M.
d. Regular Meeting & Public Hearing 11 -18 -99 at 8:30 A.M.
e. Tentative Joint Meeting with Town Commission 11 -19 -99
f. December meeting not confirmed.
D. Finance Director
1. Financial Report for July 1999
Finance Director William Thrasher advised that there was nothing unusual
in his report and asked that it be approved as circulated.
Commissioner Devitt moved and Commissioner Hopkins seconded that the
Financial Report for July 1999 be approved as circulated and all voted
AYE.
2. Request for authorization for drainage improvements
Mr. Thrasher advised that storm drainage improvements are needed on Gulf
Stream Road at the south entrance to Gulf Stream School. These
improvements are estimated to cost $7,750.00 and were not included in
the current budget. Inasmuch as revenues have been greater than
anticipated for this fiscal year, he believed this would be a good time
for this improvement. Mr. Thrasher reported that if this work is done,
which is in addition to the re- paving, new roof on maintenance building,
septic tank at Place Au Soleil, gas tank upgrade, Oleander re- paving &
drainage and new phone system, he estimates there will still be $71,000
going to Fund Balance.
Town Commission - Regular Meeting & Public Hearing
August 20, 1999
Page 10
Commissioner Orthwein moved that the drainage improvements be approved
and the funds for the improvements be taken from the unappropriated
funds in the General Fund. Commissioner Hopkins seconded the motion.
Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Hopkins; AYE,
and Mayor Koch; AYE.
3. Recommendation for additional water system improvements
to be funded from Water Fund Unappropriated Funds.
Mr. Thrasher advised that the water meters at 1255 and 1265 N. Ocean
Blvd. are on private property and the water line to the meters is now
under a new wall at 1221 N. Ocean Blvd. He requested authorization to
relocate the meters and place them in the right -of -way of N. Ocean Blvd.
at an estimated cost of $7,250.00. He reported that water revenues are
higher than anticipated due to increased water consumption during the
drought.
Commissioner Devitt moved and Commissioner Orthwein seconded that the
relocation of the water meters be approved and that the funds be taken
from Water Fund Unappropriated Funds. Roll Call: Comm. Orthwein; AYE,
Comm. Devitt; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE.
4. Water Usage
This report was made a part of the official record.
5. Y2K preparation
Mr. Thrasher reported that he had contacted the Gulf Stream School, the
Little Club and the Gulf Stream Golf Club with regard to using their
facilities, should there be a need. He advised they were all
cooperative in this regard but that there is no generator at the school
or the Little Club, and the Golf Club only has a portable generator
without pre -wired connections to any facility. He further pointed out
that the dining room at the Little Club is nearly all glass and would
not be very secure. He closed his report by advising that the report
from Jupiter Island is still not ready.
E. Police Chief
1. Activity for July 1999
Chief Schultz presented a report on the police activity for July, adding
that he attended a meeting at Town Hall with Grubb Construction Co.
regarding the post disaster recovery services, a meeting with the ICMA
pension representative and a meeting of the Palm Beach County Chiefs of
Police Association.
F. Construction in Progress on July 31, 1999
This report was made a part of the official record.
IX. Items for Commission Action.
A. Items by Mayor and Commissioners.
Mayor Koch questioned when the repairs to Golfview Drive could be
expected. Mr. Thrasher advised that some stabilizing material has been
added and the contractor is waiting to see if it is going to hold. Once
this is determined, the section of the road in which the sewer line was
placed will be excavated to a width sufficient for proper compacting,
Town Commission - Regular Meeting & Public Hearing
August 20, 1999
Page 11
stabilizing material will be placed and compacted and the entire road
will be re- paved.
Commissioner Orthwein called attention to a memo from the Town Manager
in which it was explained that there have been several inquires as to
how many lots could result if the property located at 3145 were to be
Qdivided. She noted that the memo mentioned that this home was on the
list of historic properties and asked if there had been new interest in
developing an historic preservation ordinance.
The Town Manager advised that the memo was only intended to make the
Commission aware that there seems to be interest in dividing this
property and that there are other properties with the same potential.
Mayor Koch advised that historic preservation had been investigated
several years ago and it was decided to leave historic designations to
the individual owners. He suggested that perhaps consideration should
be given to increasing the minimum lot widths on ocean front property to
150 feet, making divisions of property less likely.
Commissioner Orthwein feared this would result in very large structures,
which the Town has discouraged.
The Commissioners directed that this matter be assigned to the ARPB for
review.
Town Manager Garrison advised that the staff has begun to purge record
files. She pointed out that the proposed imaging system that was
originally included in the 1999 -2000 budget has been deleted. This was
as a result of information obtained from a seminar attended by the Town
Clerk that encouraged purging and then re- evaluating the need for an
imaging system. Mrs. Garrison advised that anything of historic
significance would be kept and all other records would be destroyed
according to State Law provisions. In regard to the building plans on
file, the Town Clerk advised they must be kept for 15 years. She
suggested that surveys and site plans be retained beyond that but that
the rest of the plans be given to the current owners of the properties.
Commissioner Devitt suggested that an item be placed in a newsletter
advising the property owners that their plans are available and a time
�- period be stated for claiming them, after which they would be destroyed.
Mrs. Garrison asked the Commissioners if they felt it necessary to keep
anything, other than what was mentioned, beyond the schedule recommended
by the State. The Commissioners were comfortable with the plan as
discussed.
Town Commission - Regular Meeting & Public Hearing
August 20, 1999
Page 12
X. Correspondence.
A. Resolution No. 94, 1999 supporting proposed ordinance of Palm
Beach County Commission to amend Chap. 28 of P.B. Co. Code
pertaining to discharge of firearms, firearm sales and a
mandatory waiting period in P.B. County -City of P.G. Gardens
The resolution was 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
10:30 A.M.
Rita L. Taylor, wn Clerk