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HomeMy Public PortalAbout01/12/2001January 5, 2001 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, JANUARY 12, 2001 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 December 8, 2000/ V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting & Public Hearing 2 -9 -01 @ 9 A.M. 2. Regular Meeting & Public Hearing 3 -9 -01 @ 9 A.M. 3. Regular Meeting & Public Hearing 4 -6 -01 @ 9 A.M. 4. Regular Meeting & Public Hearing 5 -11 -01 @ 9 A.M. 5. Regular Meeting & Public Hearing 6 -8 -01 @ 9 A.M. 6. Regular Meeting & Public Hearing 7 -13 -01 @ 9 A.M. 7. Regular Meeting & Public Hearing 8 -10 -01 @ 9 A.M. 8. Regular Meeting & Public Hearing 9 -14 -01 @ 9 A.M. 9. Regular Meeting & Public Hearing 10 -12 -01 @ 9 A.M. 10. Regular Meeting & Public Hearing 11 -9 -01 @ 9 A.M. 11. Regular Meeting & Public Hearing 12 -14 -01 @ 9 A.M. VII. Reports. �J A. Auditor 1. Financial statements for year ending Sept. 30, 2000 B. Town Manager 1. Power lines (easement questionnaire) 2. Drainage a. Diamond outfall quotes b. Permitting status 3. Flood map review comments 4. Pelican Lane update C. Town Attorney D. Architectural Review & Planning Board 1. Meeting Dat a. Regular b. Regular c. Regular d. Regular e. Regular f. Regular g. Regular h. Regular i. Regular j. Regular k. Regular es Meeting & Public Meeting & Public Meeting & Public Meeting & Public Meeting & Public Meeting & Public Meeting & Public Meeting & Public Meeting & Public Meeting & Public Meeting & Public Hearing Hearing Hearing Hearing Hearing Hearing Hearing Hearing Hearing Hearing Hearing 1 -25 -01 @ 8:30 A.M. 2 -22 -01 @ 8:30 A.M. 3 -22 -01 @ 8:30 A.M. 4 -26 -01 @ 8:30 A.M. 5 -24 -01 @ 8:30 A.M. 6 -28 -01 @ 8:30 A.M. 7 -26 -01 @ 8:30 A.M. 9 -27 -01 @ 8:30 A.M. 10 -25 -01 @ 8:30 A.M. 11 -15 -01 @ 8:30 A.M. 12 -20 -01 @ 8:30 A.M. Page 2 AGENDA CONTINUED E. Finance Director 1. Financial Report for December 2000 F. Police Chief 1. Activity for December 2000 VIII. Items for Commission Action. A. ORDINANCE NO. 00/5; AN ORDINANCE OF THE TOWN OF GULF STREAM, FLORIDA ASSESSING A FEE ON TELECOMMUNICATIONS COMPANIES THAT OCCUPY MUNICIPAL REGHTS -OF -WAY FOR TELECOMMUNICATIONS FACILITIES; PROVIDING FOR WHEN PAYMENTS ARE DUE; PROVIDING FOR INTEREST; PROVIDING FOR REVIEW OF RECORDS; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. (2ND reading & adoption) B. Mutual Aid Agreement; Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation. C. Items by Mayor and Commissioners. IX. Public. X. 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 L91 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JANUARY 12, 2001 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 was led by the Mayor. III. Roll Call. Present and William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice Mayor Fred B. Devitt III Commissioner William A. Lynch Commissioner Absent with Notice: Also Present and Participating Robert W. Hopkins II Kristin Garrison John Randolph Rita Taylor William Thrasher Garrett Ward Terry Morton, Jr Michael Sothen Commissioner Town Manager Town Attorney Town Clerk Finance Director Police Chief Auditor - Nolen, Holt Auditor - Nolen, Holt IV. Minutes of the Regular Meeting December 8, 2000. Commissioner Lynch moved and Commissioner Devitt seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes requested. VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting & Public Hearing 2 -9 -01 @ 9 A.M. 2. Regular Meeting & Public Hearing 3 -9 -01 @ 9 A.M. 3. Regular Meeting & Public Hearing 4 -6 -01 @ 9 A.M. 4. Regular Meeting & Public Hearing 5 -11 -01 @ 9 A.M. 5. Regular Meeting & Public Hearing 6 -8 -01 @ 9 A.M. 6. Regular Meeting & Public Hearing 7 -13 -01 @ 9 A.M. 7. Regular Meeting & Public Hearing 8 -10 -01 @ 9 A.M. 8. Regular Meeting & Public Hearing 9 -14 -01 @ 9 A.M. 9. Regular Meeting & Public Hearing 10 -12 -01 @ 9 A.M. U10. Regular Meeting & Public Hearing 11 -9 -01 @ 9 A.M. 11. Regular Meeting & Public Hearing 12 -14 -01 @ 9 A.M. Mayor Koch called attention to these dates and commented that there would most likely be some changes to this schedule. Commissioner Lynch asked that consideration be given to moving the July and October meetings to later in the month at such time as adjustments to the schedule are discussed. Town Commission - Regular Meeting January 12, 2001 page 2 VII. Reports. A. Auditor 1. Financial statements for year ending Sept. 30, 2000 Town Manager Garrison introduced Terry Morton, Jr. and Michael Sothen, representing the accounting firm of Nowlen, Holt & Miner, adding that Mr. Sothen would be presenting the Financial Statements for the year f� ending September 30, 2000. Mr. Sothen reported that the Independent Auditors Report presents a clean opinion and finds the Town in compliance with applicable State Statutes. He then pointed out the following: 1) There is an excess of revenues over expenditures in the amount of $99,264; 2) There are no expenditures overruns; 3) Income is down due to hurricane expense; 4) Employee funds in the Deferred Compensation Plan are no longer shown in the audit inasmuch as there was a change in the law that prohibits employers from including these funds to enhance the Town's financial position. Commissioner Orthwein moved and Commissioner Devitt seconded that the Audit be accepted as presented. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, and Mayor Koch; AYE. B. Town Manager 1. Power lines (easement questionnaire) Town Manager Garrison reported that she had attended a group of committee meetings in an attempt to get the issue of supporting legislation to facilitate the undergrounding of power lines along coastal roadways on the list of legislative priorities for the Florida League of Cities. She reported that this issue has now been added to the legislative priority list of the Palm Beach County League of Cities which might be helpful if the Town moves ahead with this issue. The Manager advised that she is trying to set up a meeting with Representative Andrews and a number of other cities that are interested in undergrounding the power lines. Mrs. Garrison reminded that Mayor Koch had earlier voiced a concern about disturbing the pine trees and the new landscape materials planted along AlA. She reported that FP &L has advised that they generally require easements from property owners for placement of the lines as opposed to using the rights -of -way due to the possibly of widening the pavement in the future. She suggested that a questionnaire be sent to the property owners along AlA to gage their willingness to donate an easement to aid in the Town's efforts to have the power lines placed underground. Mrs. Garrison reminded that this is a very complex matter and obtaining this information would be just a very small step toward this goal. Town Commission - Regular Meeting January 12, 2001 Commissioner Lynch questioned if this might which the Manager replied that she had been thing but felt she could draft something for that would make it clear that this is still page 3 overly excite people to concerned about the same the Commissioners to review in the exploratory stages. Mayor Koch suggested that each Commissioner review the aerial photographs of the Town to see where all of the plantings are in relation to the road, as well as how far they impact the adjacent private property. He reminded that easements would have to be acquired quite a distance inside the properties in order to save the vegetation, and that there would be transformers placed in the easements as well. Commissioner Orthwein believed this first step is necessary due to the fact there is no reason to move any farther with the proposed improvement if the property owners are not willing to give easements. It was agreed that the Town Manager would draft a questionnaire and distribute it to the Commissioners for their review and suggestions. 2. Drainage a. Diamond outfall quotes Town Manager Garrison advised that she had expected to have some quotes for consideration but to date none have been received, perhaps due to theholidays. She further advised that it is expected that at least one, and hopefully more than one, will be submitted next week. b. Permitting status Mrs. Garrison reported that the permit applications for the Rogers project and for the outfall along Polo Drive and Old School Road are expected to be submitted to the Water Management District on Monday, January 15, 2001. The Town Manager reminded that staff had been requested to furnish detail as to how much has been spent on drainage projects and how much is still available to spend. She called attention to a handout that shows the capital items in the Adopted Budget on one side and the monies expended to date in the current fiscal year, $18,896 in engineering fees, on the other side. Funds are budgeted in the current fiscal year for drainage projects in the amount of $157,696, and should it be necessary, any additional that might be required could be taken from the Unappropriated Funds. 3. Flood map review comments Town Manager Garrison, referring to the copy of a letter to Palm Beach County Emergency Mgmt., advised there were inaccuracies on the proposed Gulf Stream Map and municipalities have been asked to report them, which has been done. She advised that she will report the progress on the review as it moves along. Town Commission - Regular Meeting January 12, 2001 page 4 4. Pelican Lane update Mrs. Garrison advised that she, Mayor Koch and Bill Thrasher have continued to maintain the position of the Commission regarding safety concerns when raising Pelican Lane and creating a 4' drop -off on a section of the road. She reported that the staff had referred the drawings of the project to an engineer retained by the Town and asked for his opinion and recommendations regarding the design. She further reported that the engineer agreed the proposed plan presents a safety hazard and recommended that the retaining wall which is planned be extended another 32" in height to address the safety concern. Upon being advised of this, Mr. Glickstein, the developer who is requesting permission to raise Pelican Lane, stated he is unwilling to increase the height of the wall and is in the process of preparing alternate plans to move Pelican Lane out of Gulf Stream and into the City of Delray Beach. Town Manager Garrison stated she has spoken to the Town Manager in Delray Beach and their engineering department regarding these concerns and has been assured that they will protect the Town's interest in safety and stormwater runoff, and see that the Bath & Tennis Club are provided with a connection to the Delray Beach stormwater system. Commissioner Devitt questioned if the Town of Gulf Stream would be responsible for restoration of the area after the road is moved. It was noted that the Town has an old asbestos water line in this area and there is concern that it will be broken with just the movement of heavy equipment. Mr. Thrasher advised that the developer has agreed to relocate this line and use 6" PVC pipe. The Town Manager advised that the City of Delray Beach is aware of this problem area. Town Manager Garrison asked for direction as to how to handle the new plans when they become available. It was agreed that the Manager and the Mayor would review the revised plans and make certain the Town is protected. Mayor Koch stated if there was anything unusual in the plan he would call a Special Meeting of the Commission. C. Town Attorney There was no report from the Town Attorney D. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 1 -25 -01 @ 8:30 A.M. b. Regular Meeting & Public Hearing 2 -22 -01 @ 8:30 A.M. J c. Regular Meeting & Public Hearing 3 -22 -01 @ 8:30 A.M. d. Regular Meeting & Public Hearing 4 -26 -01 @ 8:30 A.M. e. Regular Meeting & Public Hearing 5 -24 -01 @ 8:30 A.M. f. Regular Meeting & Public Hearing 6 -28 -01 @ 8:30 A.M. g. Regular Meeting & Public Hearing 7 -26 -01 @ 8:30 A.M. h. Regular Meeting & Public Hearing 9 -27 -01 @ 8:30 A.M. i. Regular Meeting & Public Hearing 10 -25 -01 @ 8:30 A.M. j. Regular Meeting & Public Hearing 11 -15 -01 @ 8:30 A.M. k. Regular Meeting & Public Hearing 12 -20 -01 @ 8:30 A.M. Mayor Koch called attention to the above dates. Town Commission - Regular Meeting January 12, 2001 page 5 E. Finance Director 1. Financial Report for December 2000 Mr. Thrasher advised that a check for $44,000 had been written to pay the City of Delray Beach for the police radios that had been ordered some time ago. He reminded that the Town had budgeted for them several O years previous and inasmuch as they were not delivered, the funds were put into the Unappropriated Surplus. He requested that the Commission authorize the $44,000 to be taken from the Unappropriated Surplus. Commissioner Lynch moved and Commissioner Orthwein seconded that $44,000 to cover the purchase of the police radios be taken from the Unappropriated Surplus. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, and Mayor Koch; AYE. Mr. Thrasher advised that since there were no comments from the Auditor, a reply would not be required. Commissioner Devitt noted that a check had been written for street sweeping and he questioned if this was a regular practice. The Town Manager replied that this was needed for the low -lying streets after the water had receded following the last heavy rainstorm, and was not a routine maintenance item. Commissioner Orthwein moved that the financial report be approved as circulated and Commissioner Lynch seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, and Mayor Koch; AYE. F. Police Chief 1. Activity for December 2000 Chief Ward presented his report, adding that he recommended entering into the Countywide Law Enforcement Mutual Aid Agreement that is on the agenda under Commission Action. VIII. Items for Commission Action. A. ORDINANCE NO. 00/5; AN ORDINANCE OF THE TOWN OF GULF STREAM, FLORIDA ASSESSING A FEE ON TELECOMMUNICATIONS COMPANIES THAT OCCUPY MUNICIPAL REGHTS -OF -WAY FOR TELECOMMUNICATIONS FACILITIES; PROVIDING FOR WHEN PAYMENTS ARE DUE; PROVIDING FOR INTEREST; PROVIDING FOR REVIEW OF RECORDS; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. (2N° reading & adoption) Town Clerk Taylor read Ordinance No.00 /5 by title after which Commissioner Lynch moved it's adoption and Commissioner Orthwein seconded the motion. There was no comment from the public. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, and Mayor Koch; AYE. Town Commission - Regular Meeting January 12, 2001 page 6 B. Mutual Aid Agreement; Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation. Commissioner Orthwein moved and Commissioner Lynch seconded that the Town enter into the Mutual Aid Agreement and that the Mayor, Police Chief and Town Manager be authorized to execute the Agreement. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, and Mayor Koch; AYE. C. Items by Mayor and Commissioners. There were no items from the Mayor or Commissioners but the Town Manager advised that Fire Chief Rehr was retiring, coming to say goodbye and to introduce the new Fire Chief today. She had hoped the meeting would still be in session when they arrived. IX. Public. There was no comment from the public. X. Adjournment. Mayor Koch adjourned the meeting at 10:00 A.M. P11 1 Rita L. rT aylo r, Town Clerk D NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on Thursday, February 22, 2001 at 8:30 A.M., and the Town Commission will hold a Public Hearing on Friday, March 9, 2001 at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application submitted by Mark Marsh, as agent for Gulf Stream School Foundation, owner of the property located at 3600 Gulf Stream Road, Gulf Stream, Florida, which is legally described in metes and bounds in Section 3, Township 46 South, Range 43 East, Palm Beach County, FL for 1. AN AMENDMENT TO EXISTING DEVELOPERS AGREEMENT to delete the Requirement that for each square foot of Building Area..that is added, the school removes one square foot of either building area or covered walkway and covered open structure area . 2. A LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit two -story additions totaling 6,236 square feet to be placed over the center portion of the existing classroom complex, with a height not to exceed 301. 3. A VARIANCE to expand the Gulf Stream School without cor- responding demolition or replacement of existing structures. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application at the meetings noticed above. These meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The complete application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Architectural Review and Planning Board and the Town Commission of the Town of Gulf Stream at the times and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT \` TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS 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. 286.0105, F.S.S. Dated: February 1, 2001 TOWN OF GULF STREAM, FLORIDA Publish: Palm Beach Post Dates of Publication: February 12, 200 February 22, 2001 Rita-L. Taylorff Town Clerk March 3, 2001 THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Kevin Austin who on oath says that he is Classified Advertising Manager, Recruitment of The Palm Beach Post, a daily and Sunday newspaper published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising, being a Notice in the matter of Application for Development Approval, in the -- Court, was published in said newspaper in the issues of February 12, 22, 2001 and March 03, 2001. Affiant further says that the said The Post is a newspaper published at West Palm Beach , in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afFiant further says that she/he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for thepurposeof� ring this advertisement for publication in the said newsp� pet, i Sworn to and subscribed before this Personally known XX or Produced Type of Identification Produced _ Id NOTATiY Fla.Nmory I, MINUS Co NO. 793797 NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of fie Town of Gull btre m will hold a Public Hearing on Thursday, Febru- sty 22, 2001 at 8:30 A.M., and tae Town Commission will hold a Public Hearing on Fri- day, March 9, 2001 et 9:00 A.M., both in the Cammis.lon Chambers of the Town Hall, 100 Sea Road, Gull Stream, Florida, At which the rollowing will be considered: An application submitted by Mark Marsh, ea agent far Gulf Stream School Foundation, owner of the property located at 3600 Gulf Stream Road, Gulf Stream, Florida, which la legally described In mete. and bound. In Section 3, Township 46 South, Range 43 EmiC WENT to delete the Recoils- mart that 'for each square fool of Building Arae..thet is added, the school removes one .go.,. loot of either building area or covered walk- way and covered open struc- ture area ". 2. A LEVEL 3 AHCHITECTUR- AL'SITE PLAN REVIEW to par. mil two -.tort all lot.F 1.9 6,236 square feet to be placed over the center portion of the exlatlng classroom complex, with a height not to exceed 30'. 3. A VARIANCE to expand the Gulf Stream School without corresponding demolition or replacement of existing struc. tune. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the eobject application at the meetings noticed above. These meet -' ings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The complete application ma. teriale are on file in the Office of the Town Clark located at 100 Sea Road, Gulf Stream, Florida 33483, and may be re- viewed during regular busi- ness hours, which generally Include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear batom the Architectural Po- view and Planning Board and the Town Commission of the Town of Gulf imam at ken times and plat. atmsanld and M heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE AR- CHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RE- SPECT TO ANY MATTER CON- SIDERED AT THESE PUBLIC HEARINGS SAID PANTY WILL NEED A RECORD OF THE PRO- I CEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO EN- SURE THAT A VERBATIM RE- i CORD OF THE PROCEEDINGS IS MADE, WHICH RECORD IN-' CLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated: February 1, 2001 TOWN OF GULF STREAM, FLORIDA Blta L Taylor, Town Clark Publish: Palm Beach Post Dates of publication: February 12, 2001 February 22, 2001 March 3, 2001 _