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HomeMy Public PortalAbout08/11/2000August 4, 2000 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 TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, AUGUST 11, 2000 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 27, 2000. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting & Public Hearing 9 -13 -00 @ 4 P.M. 2. Adoption of Tentative Millage & Budget 9 -13 -00 @ 5:01 P.M. 3. Adoption of Final Millage & Budget 9 -26 -00 @ 5:01 P.M. 4. Regular Meeting & Public Hearing 10 -27 -00 @ 9 A.M. 5. Regular Meeting & Public Hearing 11 -9 -00 @ 9 A.M. 6. Regular Meeting & Public Hearing 12 -8 -00 @ 9 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by William Wietsma, as Agent for Mary Van Lennep, Contact Purchaser, and the Florence Cline Trust, current owner of the property located at 2950 Polo Drive, Gulf Stream, Florida, which is legally described as Lot 22 in Gulf Stream Cove Subdivision, for approval of the following: a. LAND CLEARING PERMIT to remove /relocate existing plant material located in the building envelope and add new plantings. b. SPECIAL EXCEPTION to reduce the rear setback from the required 50' to 30' for a one -story structure. c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the demolition of the existing structures and the construction of a one -story Gulf Stream Bermuda style single family dwelling and swimming pool. 2. An application submitted by CGC Construction Management Heydt Five Enterprises, Contract Purchasers and Agents for William Swindle, owner of the property located at 329 Middle Road, Gulf Stream, Florida, which is legally described as Lot 11, Gulf Stream Cove Subdivision, for approval of the following: a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit improvements to the existing partial two -story single family dwelling by: 1) Enclosing a portion of the existing rear porch on the north west side of the home and a portion of the existing entryway at the front of the home; 2) Addition of a porch to the living space above the garage; 3) Construction of a new 8' wall across the front of the existing courtyard; 4) Exterior detailing and corner quoins to convert the home to the Gulf Stream Bermuda style of architecture. AGENDA CONTINUED Page 2 b. SPECIAL EXCEPTION to permit the covered unenclosed porches to exceed the maximum permitted floor area by 255 square feet. 3. An application submitted by Tim Diamond, as agent for Delray Ocean Estates, owner 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, for approval of the following: a. SPECIAL EXCEPTION #1 to reduce the rear setback from the required 50' to 42.8' for the one story portion. b. SPECIAL EXCEPTION #2 to exceed the Floor Area Ratio for unenclosed area of 277 square feet. c. VARIANCE for a side setback encroachment of 1.8 feet. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the demolition of the existing structures and construction of a Bermuda style two -story single family dwelling consisting of 5,946 square feet. VIII. Reports. A. Town Manager 1. Annual AlA Tree Inspection a. Findings b. Stake removal 2. Communications Services Legislation (cont. from 7- 27 -00) 3. Drainage Update a. Connection to Elsie's Pond b. Replacement pipe on 600 Wright Way B. Town Attorney C. Architectural Review & Planning Board 1. Meeting Dates a. There will be no meeting in August 2000 b. Regular Meeting & Public Hearing 9 -28 -00 c. Regular Meeting & Public Hearing 10 -26 -00 d. Regular Meeting & Public Hearing 11 -16 -00 e. Regular Meeting & Public Hearing 12 -21 -00 D. Finance Director 1. Financial Report for July 2000 2. Water Usage E. Police Chief 1. Activity for July 2000 F. Construction in Progress in July 2000 IX. Items for Commission Action. A. Selection of an outside Town Auditor B. 2000/2001 Budget Discussion C. Items by Mayor and Commissioners. X. Public. XI. 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 FRIDAY, AUGUST 11, 2000 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 Mayor led the Pledge of Allegiance. 01 III. Roll Call. Present and William F. Koch, Jr. Mayor Participating: Robert W. Hopkins II Commissioner Joan K. Orthwein Commissioner Via Phone Conf.: William A. Lynch Absent With Notice: Fred B. Devitt III Also Present and Participating Kristin K. Garrison John Randolph Rita Taylor William Thrasher Gary Ward William Wietsma Tim Diamond Shane Ames IV. Minutes of the Regular Meeting of July 27, Commissioner Hopkins moved and Commissioner that the minutes be approved as circulated and all Commissioner Commissioner Town Manager Town Attorney Town Clerk Finance Director Deputy Police Chief Agent for Van Lennep Agent /Delray Ocean Estates Architect /Delray Ocean Estates 2000. Orthwein seconded voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. The Town Manager requested to add Item VIII.A.3.c., Van Lennep drainage pipe and Item IX.D., Nuisance Abatement. VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting & Public Hearing 9 -13 -00 @ 4 P.M. 2. Adoption of Tentative Millage & Budget 9 -13 -00 @ 5:01 P.M. 3. Adoption of Final Millage & Budget 9 -26 -00 @ 5:01 P.M. 4. Regular Meeting & Public Hearing 10 -27 -00 @ 9 A.M. 5. Regular Meeting & Public Hearing 11 -9 -00 @ 9 A.M. 6. Regular Meeting & Public Hearing 12 -8 -00 @ 9 A.M. There were no changes requested in the meeting dates. VII. PUBLIC HEARING. A. Applications for Development Approval The Town Clerk administered the Oath to William Wietsma. There were no ex -parte communications disclosed. Regular Meeting & Public Hearing Town Commission - August 11, 2000 page 2 Mayor Koch passed the gavel to Vice Mayor Orthwein, declaring a conflict in that the real estate firm with which he is associated participated in the sale of the property to Mr. Wietsma. 1. An application submitted by William Wietsma, as Agent for Mary Van Lennep, Contact Purchaser, and the Florence ^ Cline Trust, current owner of the property located at r�J Polo Drive, Gulf Stream, Florida, which is legally 2950 described as Lot 22 in Gulf Stream Cove Subdivision, for approval of the following: Mr. Wietsma displayed a color rendering of the proposed one -story Bermuda style home, noting that numerous preferred Bermuda features have been incorporated, some of which are shutters on the front and rear of the home, white tile roof, muntins in the windows and quoins. He pointed out that, at the direction of the ARPB, he has reduced the height from the original 2116" to 20'. Mr. Wietsma advised that the roof has a 5/12 pitch and used bricks are planned for the driveway. With regard to the location of the structure on the lot, Mr. Wietsma stated he is requesting a Special Exception be granted to permit a 30' setback from the water as opposed to the required 50'. He pointed out that if he were to build to the 50' setback, it would be necessary to construct a 2 -story home. He recognized that a single story dwelling is more consistent with those in the neighborhood. Mr. Wietsma added that due to the configuration of the lot and proposed home, views of the waterway will not be compromised with the 30' setback. Town Manager Garrison advised that the existing structure that is proposed for demolition contains prohibited features, including a mansard roof, and the new home should make a substantial improvement to the property. She reported that Mr. Wietsma had agreed to incorporate the suggestions made by staff and the ARPB. In addition, the buyer has agreed to grant a 15' drainage easement to the Town adjacent to the north property line. She closed her report by advising that the ARPB had recommended approval with the conditions listed on the Architectural Review and Planning Report. Mr. Wietsma, in regard to the grant of the 15' easement, asked that the record reflect that the easement would only be used for underground drainage structures and the maintenance of the system, with nothing overhead, and that in the future, if it becomes necessary to disturb any `i of the plant material on the easement, it shall be replaced at the Town's expense. The members of the Commission were in agreement with these conditions. a. LAND CLEARING PERMIT to remove /relocate existing plant material located in the building envelope and add new plantings. Commissioner Hopkins moved and Commissioner Lynch seconded that the Land Clearing Permit be granted as requested. Roll Call: Comm. Lynch; AYE, Comm. Hopkins; AYE, and Vice Mayor Orthwein; AYE. b. SPECIAL EXCEPTION to reduce the rear setback from the required 50' to 30' for a one -story structure. Regular Meeting & Public Hearing Town Commission - August 11, 2000 page 3 Commissioner Hopkins moved that the Special Exception be approved to reduce the rear setback to 30' in that it meets the review criteria stated in the Design Manual. Commissioner Lynch seconded the motion. Roll Call: Comm. Lynch; AYE, Comm. Hopkins; AYE, and Vice Mayor Orthwein; AYE. c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the demolition of the existing structures and the construction of a one -story Gulf Stream Bermuda style single family dwelling and swimming pool. Commissioner Hopkins moved and Commissioner Lynch seconded to approve the Level 3 Architectural /Site Plan Review, based on a finding that the proposed home is consistent with applicable review standards, with the following conditions: 1) A utility easement along the northern 15' of the property shall be dedicated prior to issuance of a certificate of occupancy. Site grading shall be constructed according to the approved Drainage Plan. 2) Revise the trellis to comply with rear setback requirement (2 'ft' overhang permitted). 3) The Construction Traffic Management Plan submitted with the application shall be followed during construction. 4) The cast -stone columns at the front entry shall be revised to smooth white columns. 5) The roof height shall be reduced (from 21'6 ", discouraged range) to 20 feet (preferred range). Roll Call: Comm. Lynch; AYE, Comm. Hopkins; AYE, and Vice Mayor Orthwein; AYE. Vice Mayor Orthwein returned the gavel to Mayor Koch, upon which he suggested that Item VIII.A.3.c., Drainage structure at 2950 Polo Drive, be considered at this time. There were no objections. The Town Manager explained that this drainage pipe is needed as cart of the storm drainage improvements in that area. While it will not be connected until such time as additional components are approved and funded, it must be installed at this time before the new construction the lot commences. There is a very small window of opportunity to accomplish this, the week of September 11, 2000. Mrs. Garrison called attention to the estimate from Harvel Utility Construction, Inc. which includes installation of a 91+ or - deep Type "C" Catch Basin, 140' + - of 24" HDPE pipe and one 24" Tideflex Curved Bill Check Valve for an estimated cost of $44,500. She advised that other proposals are being sought but that it is difficult to get contractors to bid on such a 1 small job under such time specific conditions. Mr. Thrasher advised he had requested lists of small contractors from both Boca Raton and Delray Beach and had contacted many of them, being informed by most that they do not bid on such small jobs. He further advised that he would continue to explore the remaining possibilities. on 1.ja The Commissioners were not opposed to Harvel Utility Construction doing this work provided the cost is comparable to others. They did, however, request that the labor and material costs be separated in Mr. Harvel's estimate. Regular Meeting & Public Hearing Town Commission - August 11, 2000 page 4 Mr. Wietsma offered to review the cost if the Town was unable to obtain other proposals. Commissioner Orthwein moved and Commissioner Hopkins seconded that the Town Manager be authorized to move forward with the project described, with funds, up to the Harvel estimate, to be taken from the Unappropriated Fund provided other prices are sought for comparison and further provided that the labor and material costs are separated in the estimate from Harvel Utility Construction, Inc. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. CLERK'S NOTE: THE FOLLOWING ITEM WAS CONSIDERED AT THE END OF THE PUBLIC HEARING IN THAT THE APPLICANTS WERE NOT PRESENT. 2. An application submitted by CGC Construction Management Heydt Five Enterprises, Contract Purchasers and Agents for William Swindle, owner of the property located at 329 Middle Road, Gulf Stream, Florida, which is legally described as Lot 11, Gulf Stream Cove Subdivision, for approval of the following: a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit improvements to the existing partial two -story single family dwelling by: 1) Enclosing a portion of the existing rear porch on the north west side of the home and a portion of the existing entryway at the front of the home; 2) Addition of a porch to the living space above the garage; 3) Construction of a new 7' wall across the front of the existing courtyard; 4) Exterior detailing and corner quoins to convert the home to the Gulf Stream Bermuda style of architecture. Town Manager Garrison advised that a second story garage addition had previously been added. She further advised that the improvements being requested at this time will improve the appearance of the second story and will add features in keeping with Bermuda style architecture. Mrs. Garrison reported that the ARPB had recommended approval with conditions as stated in the staff report. She recommended that one more condition be added, that the property be regularly mowed and kept in a neat, safe condition prior to and during construction. Commissioner Lynch moved to approve the Level 3 Architectural Site Plan Review, based on a finding that the proposed plans are consistent with applicable review standards, based on the following conditions: 1) The Construction Traffic Management Plan submitted with the application shall be reviewed and followed during construction. 2) A revised landscape plan shall be submitted and approved by the ARPB prior to the issuance of a Certificate of Occupancy. 3) The property shall be properly mowed and kept. The motion was seconded by Commissioner Orthwein. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. Regular Meeting & Public Hearing Town Commission - August 11, 2000 page 5 b. SPECIAL EXCEPTION to permit the covered unenclosed porches to exceed the maximum permitted floor area by 255 square feet. Commissioner Orthwein moved and Commissioner Hopkins seconded that the Special Exception be approved to allow unenclosed porch area to exceed the permitted FAR by 255 square subject to the following conditions: 1) Prior to the issuance of a certificate of occupancy, the owner shall record a deed restriction requiring that 765 square feet of front and rear porch area shall forever remain unenclosed as long as the structure exists. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. 3. An application submitted by Tim Diamond, as agent for Delray Ocean Estates, owner of the property located at 60C Wrightway, Gulf Stream, Florida, which is legally described in metes and bounds in Sections 3 and 4, Township 46 South, Range 43 East, for approval of the following: The Town Clerk administered the Oath to Tim Diamond and Shane Ames. There were no ex -parte communications disclosed. Mr. Diamond explained that his application had not been approved by the ARPB, advising that the small windows with the Bahamas shutters over the garage door and master bath window were especially objectionable to the Board. He displayed a color rendering of the proposed home, explaining that while it is shown as yellow, the color will be changed, and a drawing of the front elevation that incorporated changes that were made after the ARPB meeting. The applicant reminded that he had received a previous approval to remodel the existing structure but the project had been determined to be too costly as opposed to a new structure. Shane Ames, Architect for the project called attention to the revised drawing that showed the first story eave height being lowered to 12' and the windows above the garage doors and master bath window being removed. He pointed out that the garage doors will be made larger and the windows on the first story lengthened. Town Manager Garrison enumerated the changes to the design that she, the ARPB, and Urban Design Studios had suggested to bring the proposed dwelling more into conformity with Bermuda architecture. She advised that the Town has an existing storm drainage pipe along the south side of the property in a prescriptive easement, and that Mr. Diamond has agreed to grant an easement for this in that he is seeking approval from the Corp of Engineers to fill in the small inlet from the Intracoastal and construct a seawall near his west property line in the Intracoastal Waterway. She explained that if this is granted, the Town will have to extend the pipe further to the west as it drains into the small inlet that exists. She further explained that it would also be necessary to obtain a maintenance easement for the outfall along the west side of the property, which Mr. Diamond has also verbally agreed to. Regular Meeting & Public Hearing Town Commission - August 11, 2000 page 6 Mrs. Garrison advised that the ARPB had not approved the variance request in that the applicant had not proven a hardship, in their opinion. Mr. Diamond acknowledged he had not provided adequate information to the ARPB and then displayed a zoning map of the area showing that most of the lots in his area require a 15' setback on each side, in that they are 100' in width. He noted that his lot is only 106' wide with the 10' easement being taken out of that. He stated that efforts have been made to reduce the size of the home by the 1.8', but odd sized rooms resulted. Mr. Diamond pointed out that he is asking to reduce the south side setback, the side where the drainage easement is located, by 1.8' but there would still be a 15' setback on each side. a. SPECIAL EXCEPTION #1 to reduce the rear setback from the required 50' to 42.8' for the one story portion. Commissioner Orthwein moved and Commissioner Hopkins seconded the approval of the Special Exception to reduce the rear setback from 50' to 42'8" for a one -story portion of the home, based on a finding that the design meets the applicable review standards. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. b. SPECIAL EXCEPTION #2 to exceed the Floor Area Ratio for unenclosed area of 160 square feet. Commissioner Orthwein moved to approve the Special Exception to exceed the permitted floor area by 160 feet for unenclosed porch area, based on a finding that the design meets the applicable review standards, subject to correcting the FAR calculations on the plans. The motion was seconded by Commissioner Lynch. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. c. VARIANCE for a side setback encroachment of 1.8 feet. Commissioner Hopkins moved and Commissioner Lynch seconded to approve the south side setback variance of 1.8' based on a finding that the request meets the variance review standards. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the demolition of the existing structures and construction of a Bermuda style two -story single family dwelling consisting of 5,946 square feet. Commissioner Lynch moved to approve the Level 3 Architectural Site Plan Review, based on a finding that the proposed plans are consistent with applicable review standards, based on 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) The property owner shall dedicate two easements to the Town prior to building permit application; a 10 foot easement along the south property line for drainage purposes, and if needed, an easement along the west property line for annual maintenance of a planned outfall. The property owner shall coordinate the seawall construction and home construction with the Town's replacement of the drainage pipe on the property. The property owner shall be responsible for all costs Regular Meeting & Public Hearing Town Commission- August 11, 2000 page 7 associated with the seawall. 3) Drainage Plans, prepared by a professional engineer, shall be submitted prior to building permit. 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. 4) The Construction Traffic Management Plan submitted with the application shall be followed during construction. 5) The plans shall be redesigned to incorporate the �J recommendations in the staff report and Urban Design Studio report as follows and shall be resubmitted to the ARPB for approval prior to application for a building permit: a) Lower the one -story eave height to 12', and the second -story eave height to 2216 ". b) Add additional muntins to the windows, to create smaller panes. c) Remove the windows and Bahamas shutters over the garage doors and master bath window. d) Revise window design and placement to be more uniform. e) Break front picture window into two rectangular windows. f) Revise rounded windows to a more traditional fanlight design. g) Revise front door way to a Bermuda style, for example a rectangular door with a fanlight above and sidelights. h) Remove shutters from garage doors. i) In order to better distinguish this structure from the other two -story homes on the street, prior to a building permit application, it is recommended that the owner consider: 1. Adding a balcony across the full second story at the front of the house; 2. Using a different railing design (Bermuda compatible) & one not used on the other homes on the street; 3. Revising plans to incorporate additional suggestions made in the UDS report. This motion was seconded by Commissioner Orthwein. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. CLERK'S NOTE: THE APPLICATION SUBMITTED BY CGC CONSTRUCTION /HEYDT FIVE ENTERPRISES WAS CONSIDERED AT THIS TIME WITHOUT THE APPLICANTS PRESENT AND THE ACTION TAKEN IS REPORTED ABOVE IN ITEM #2 UNDER THE PUBLIC HEARING SECTION OF THE AGENDA. VIII. Reports. A. Town Manager 1. Annual AlA Tree Inspection a. Findings Town Manager Garrison reported she had accompanied Way Hoyt on the annual inspection and was sorry to report that one pine tree in front of 3421 N. Ocean Blvd. is dying and must be removed. However, Mr. Garrison advised that there is a pine tree in the nursery that can be planted in that spot. Mr. Hoyt had commented that the adjacent residents' lawn services are not doing a sufficient job at weeding the planting beds along AlA and had suggested that the Town may wish to assume this responsibility. The members of the Commission felt this to be a temporary situation in that most of the residents are away for the summer and would have their lawn services correct this upon their return. b. Stake removal Mrs. Garrison also reported that Mr. Hoyt said the stakes should be removed from the trees because he felt they had been on long enough, and Regular Meeting & Public Hearing Town Commission - August 11, 2000 page 8 only in regard to the shade trees, the growth could be restricted. She advised that she had directed the maintenance man to remove stakes that are rotted. The Town Manager further reported that some of the trees have ants under the burlap. Q The Commission directed that, to be prudent during hurricane season, the stakes be removed from the shade trees now, but left on the palm trees until November 1, 2000, and that the ants be sprayed. It was noted that the southwest corner of Gulfview Drive AlA had become overgrown and the Town Manager was directed to contact the Golf Club with regard to trimming the area. 2. Communications Services Legislation (cont. from 7- 27 -00) Mrs. Garrison advised that there has been new State Legislation adopted that makes it possible for any communications organization to use public rights -of -way. She pointed out that the Town has two current franchise agreements, FP &L and Bell South, which gives the Town some control in this area. The Town Manager reported that many of the municipalities are adopting Right -of -way Use Ordinances that would set up a procedure for the Town to have some control over how and where this equipment is placed, and that she is working to obtain copies. The Commission directed that the Town Manager and the Town Attorney work together to prepare an Ordinance for Commission consideration. 3. Drainage Update a. Connection to Elsie's Pond Town Manager Garrison reported that the Little Club had advised that they are not interested in joining in the drainage improvements as proposed in connection with Elsie's Pond. They believed that some of the drainage problems can be solved by enlarging the drainage pipe coming into the Pond and suggested that the Town pursue this as well as joining with them in the installation of a generator. Mayor Koch advised that he has been encouraging the Little Club to at least sign the application for a permit from the Water Management District, so far with no success. Mrs. Garrison advised that the Town Engineer estimated the cost of enlarging the pipe to be $67,000. In addition, the Engineer advised that the model indicates that there would be very little improvement if the pipe were to be enlarged. Mayor Koch asked that the Town be given the model so he can show this to the representatives of the Little Club and possibly get them to change their minds. b. Replacement pipe on 600 Wright Way Mrs. Garrison reported that the existing pipe is very old and should be replaced with a larger size. She advised an estimated cost to replace and extend the pipe and install on inlet is $58,000, if Mr. Diamond is successful in getting a permit from the Corps of Engineers to fill in the area of the outfall. Regular Meeting & Public Hearing Town Commission - August 11, 2000 page 9 Commissioner Orthwein moved and Commissioner Hopkins seconded that the Town Manager be authorized to move forward to take the necessary action to improve the drainage, taking into consideration all of the possible drainage project scenarios in the area. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. c. Drainage Improvements at 2950 Polo Drive. Action was taken on this item during the consideration of the Application for Development Approval at this location during the Public Hearing earlier in the meeting. 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 in August 2000 b. Regular Meeting & Public Hearing 9 -28-00 c. Regular Meeting & Public Hearing 10 -26 -00 d. Regular Meeting & Public Hearing 11 -16 -00 e. Regular Meeting & Public Hearing 12 -21 -00 Mayor Koch called attention to these meeting dates. D. Finance Director 1. Financial Report for July 2000 Commissioner Orthwein moved and Comm. Hopkins seconded that the report be approved as circulated and all voted AYE at Roll Call. 2. Water Usage The Water Consumption Report was made a part of the record. E. Police Chief 1. Activity for July 2000 In the absence of Chief Schultz, Deputy Chief Ward presented the activity report for July 2000, adding that 2 laptop computers have been ordered and that the Delray Beach Police Dept. will provide the operating software and the six hour training block required for operator's certification. He further reported that the Department is in the final stages of processing an applicant with twenty -two years of law enforcement experience for the position of Police Officer, and he is expected to be hired before the end of August. The Town Manager advised that Deputy Chief Ward is celebrating his 12th anniversary with the Town today and she offered congratulations. It was mentioned that at 540 Middle Road, the entire lawn has been killed. The Town Manager advised that the property is vacant, as it had recently received architectural approval for remodeling. The owners of the property had been notified that the lawn was overgrown and needed to be mowed. Mrs. Garrison advised that a few days after that, the lawn was completely dead. She further advised that there is nothing specific in the Town Code that addresses dead grass. The Commissioners agreed that some measures must be taken to prevent this in the future. Mayor Koch asked the Town Manager to prepare some type of document that would be appropriate for consideration. The Mayor Regular Meeting & Public Hearing Town Commission - August 11, 2000 page 10 pointed out that the doors and windows on this structure are not secured, and this is an invitation to vagrants that should be corrected. F. Construction in Progress in July 2000 The Construction in Progress Report was made a part of the record. IX. Items for Commission Action. �) A. Selection of an outside Town Auditor Town Manager Garrison advised that the Auditor Selection Committee, composed of Mayor Koch, William Thrasher and herself, had reviewed all six proposals and held interviews with three firms. The Committee recommend the firm of Nowlen, Holt & Miner due to their competitive rates and ability to meet the Town's needs. Commissioner Lynch moved and Commissioner Orthwein seconded that the firm of Nowlen, Holt & Miner be selected as Auditor for the Town. B. 2000/2001 Budget Discussion Mayor Koch called attention to a letter from Commissioner Hopkins regarding the budget and a reply from the Town Manager. Commissioner Hopkins advised he had not expected a reply as he only intended this to be a philosophical exchange of ideas, since the Commissioners have little opportunity for such an exchange. He believed the sick policy should be eliminated and each employee be given a certain amount of personal days to be used as they see fit for illness, vacation, business, etc. Commissioner Orthwein advised that she had worked under such policy and it didn't work well as employees would use all of the time for everything but illness. When they were sick, they just didn't come to work. She believed the current policy is working, even though she did not necessarily like to pay for not being sick. She believed the current times dictate the way things of this nature are handled. Commissioner Hopkins wondered if eliminating the 10th police officer and giving overtime to the others as needed might not be better. He thought the officers might like the overtime opportunity. Mr. Thrasher pointed out that mathematically there are not enough man- hours with 9 men and often supervisory personnel work the overtime with no extra pay. Deputy Chief Ward advised that they are using creative scheduling with only 9 men. Often it is not possible to cover the overtime, as there has not been enough off -duty time in between and that it only works as a temporary, rather than permanent, solution. Mayor Koch noted that the officers work extra duty, such as the Club, and he questioned if they wear themselves out with the extra duty. Regular Meeting & Public Hearing Town Commission - August 11, 2000 page 11 Deputy Chief Ward replied that the scheduling of this duty is controlled through the office so this does not happen. Commissioner Hopkins felt it would be helpful if the Commissioners had more detailed information on how the extra duty is controlled and any written policy that might apply. The Town Manager replied that this will be supplied. Mayor Koch believed the matter of the rolled back millage rate should be visited again. He felt it must be determined if the Little Club is definitely not supporting the drainage project in that area. He requested that a list of the other proposed projects be prepared, along with the estimated cost of each, after which more consideration could be given to the proposed millage. Commissioner Orthwein felt that if the proposed millage is to be given consideration, the amount of Fund Balance should also be considered. She and Commissioner Lynch advised they favored continuing to add to the Fund Balance in order to increase it to one million dollars. She reminded that this had been the goal that had been set previously as suggested by Commissioner Armour who was a member of the Commission at the time. Mayor Koch and Commissioner Hopkins believed a one million - dollar reserve to be too high considering the borrowing power of the Town. Town Manager Garrison named several small municipalities carrying a million - dollar reserve and Commissioner Hopkins commented that he would like to know what methodology they had used in establishing at this figure. The Town Manager pointed out that the level of reserve funds is a policy decision for the Commission to make. She stated that she had understood it was the Commission's desire to achieve a one million - dollar reserve and she had been working toward that figure. Mrs. Garrison advised that if the Commission determines the reserve amount they want, what projects they want to do and when they want to do them, and how to handle employee compensation, she will present a budget that accomplishes that. Commissioner Hopkins stated he understood the Town could tax the property owners at any time they deemed necessary. The Town Clerk advised that the ad valorem tax could only be levied at this time each year at a maximum of 10 mills. Mayor Koch reminded that a special assessment can be levied at any time. Mrs. Garrison noted it is definitely a policy decision as to whether to raise taxes to cover projects as needed and then drop back until the next need arises, or to maintain a reserve and tax at a more level rate. She added that she is a planner and professionally she would recommend holding the rate steady; and thinking ahead to what projects will be needed, and building a reserve to cover them. Regular Meeting & Public Hearing Town Commission - August 11, 2000 page 12 Commissioner Orthwein stated that residents do not like surprises such as tax increases and believed it better to plan ahead and hold steady on the taxing, rather than going up and down with the tax rate. Commissioner Hopkins sought discussion regarding employee compensation. He favored budgeting a lump sum for bonuses and leaving the distribution to the Town Manager. The Town Manager asked how that would affect the base salary to which Mayor Koch replied that the CPI would be added to the base salary and anything over that would be a bonus and would not affect the base salary. Commissioner Lynch advised he had no problem with this plan. Town Manager Garrison stated that as long as there were funds budgeted to adjust to the cost of living, adequately compensate and reward employees for their level of performance, and be able to compete in the marketplace when recruiting new employees, she felt a plan would work. The Commission agreed that the amounts that are provided in the proposed budget for promotions would be unchanged, and that the Town Manager should include compensation for herself. Mayor Koch suggested that the Manager include a lump sum figure in the tentative budget for consideration at the Public Hearing on September 13, 2000. C. Items by Mayor and Commissioners. There were no items by the Mayor or the Commissioners. D. Nuisance abatement Town Manager Garrison explained that the properties located at 925 Emerald Row and 3145 N. Ocean Blvd. have become overgrown and to -date the owners have not responded to our request to abate the nuisance. She advised that the Town Code provides that the Town may have the work done, and bill the owner, but only with approval from the Town Commission. Mrs. Garrison requested that she be authorized to have the properties mowed and to lien the properties in the event the owners do not reimburse the Town for the cost. Commissioner Orthwein so moved and Commissioner Hopkins seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. X. Public. There was no comment from the public. XI. Adjournment. Mayor Koch adjourned the meeting at 11:25 A.M. on a motion to do so made by Commissioner Lynch that was seconded by Commissioner Hopkins with all voting in the affirmative. 17"A r -K Rita L. Taylor, Pwn Clerk