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