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Home My Public Portal About03/09/1990N 1� MAYOR: William F. Koch, Jr. VICE MAYOR: Allan Armour COMMISSIONER: James E. Cross Lawrence Stahl Kathleen Wallace REGULAR MEETING AND PUBLIC HEARING OF OF GULF STREAM, FLORIDA TO BE HELD ON IN THE TOWN HALL OF GULF STREAM, 100 AGENDA March 5, 1990 THE TOWN COMMISSION OF THE TOWN FRIDAY, MARCH 9, 1990 AT 9:00 A.M. SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order II. Roll Call III. Minutes A. Work Shop Meeting of February 2, 1990 B. Regular Meeting & Public Hearing of February 9, 1990 IV. Additions, withdrawals, deferrals, arrangement of items. V. PUBLIC HEARING A. Variances - Board of Adjustment 1. Action Deferred from February 9, 1990 Hearing. Dr. William Chardack, 547 Golfview Drive requesting a variance to permit installation of a satellite dish antenna which will encroach 11.5 ft. into the required 22.51ft. side setback. The proposed installation would be at the address stated herein, the legal description of which is Lot 26, Gulfstream Cove Subdivision. 2. Amy Van Hoose, Agent for Malcolm R. Butler, 4225 N. County Road, Gulf Stream, F1. 33483 requesting a variance to permit alteration of a non - conforming structure by th addition of a garage which will encroach 5 feet into the required 15 foot side yard on the north side and to permit the garage doors to face the street at the address aforementioned. 3. Robert Keifer, 3430 Oleander Way, Golf Stream, Florida 33483 requesting a variance to permit installation of a swimming pool which will encroach 14h feet into the required 25 foot front yard setback on the west side and 4'k feet into the required 15 foot side yard setback on the south side at the address aforementioned. 4. James B. Orthwein, 330 Banyan Road, Gulf Stream, Florida 33483 requesting a variance to permit construction of a single family dwelling which will extend 13h feet into the required 28; foot side yard setback on the west side said construction to take place on the property located on the north west corner of Polo Drive and Banyan Road. i B. Special Exceptions 1. Slate Construction Management, Inc., 1101 South Rogers Circle, Suite 1, Boca Raton, F1. 33487 requesting permission to place a construction trailer on the construction site at 3111 N. Ocean Blvd., owned by Willi Wooley, which would.be.located approximately -72 feet from the front property line and approximately 4 feet from'the north side property line at the address aforementioned. VI. Site Plan Review A. Action deferred from February 9, 1990 Hearing Dr. William Chardack, 547 Golfview Drive, Gulf Stream, F1. 33483 - In6tallation of a satellite dish antenna. B. Amy Van Hoose, Agent for Malcolm R. Butler, 4225 N. County Road, Gulf Stream, Florida 33483 - Addition of a garage and second story. C. Robert Keifer, 3430 Oleander Way, Gulf Stream, F1.- Location of a swimming pool and addition of an open arbor porch. D. James B.10rthwein- Construction of a single family dwelling on the north west corner of Polo Drive and Banyan Road. K Regular Meeting & Public Hearing March 9, 1990 TOWN COMMISSION, TOWN OF GULF STREAM, FL. 33483 VII. VIII. AGENDA CONTINUED Reports A. Town Manager 1. Water Usage 2. Manatee Program 3. Recycling Program 4. Future Absence of Town Manager page 2 B. Town Attorney 1. Ordinance Amendment RE: Lots of less than 20,000 sq. ft.; Maximum Lot Coverage & Minimum Open Space Requirements. 2. Ordinance Amendment RE: Variance Expirations C. Planning Board D. Planning Consultants- Resource 1. Proposed Land Development E. Financial Director F. Police Department G. Construction in Progress H. Trash Engineering & Planning, Inc. Regulations Items for Commission Action A. Reconsideration of meeting date of April 13, 1990 -Good Fridal B. Items by Commissioners IX. Correspondence A. Letter of Appreciation for Police Action - Cheryl Fredrick B. Requesting Support from Palm Beach County Legislative Delegation for the Continuation of the Solid Waste Authority as an Independent Special District & Urging them not to Abolish the Special Act Creating the Solid Waste Authority as an Indpependent Special District or Restructure it in any manner. 1. Resolution 2. Resolution 3. Resolution 4. Resolution 5. Resolution 6. Resolution #90 -2; City of Atlantis #1942; City of Belle Glade #90 -4; City of Boynton Beach #90 -144; Town of Hypoluxo #14 -90; City of Lake Worth #R90 -08; Village of Palm Springs C. Objecting to Palm Beach County Proposed Repeal of Ordinance 72 -8 Which Currently Provides Funding by Palm Beach County to 1. 2. 3. 4. 5. 6. Municipalit Resolution Resolution Resolution Resolution Resolution Resolution Les for School Crossing Guards. #1943; City of Belle Glade #90 -I; City of Boynton Beach 90 -143; Town of Hypoluxo #306- 90 -68; Town of Jupiter Inlet Colony #203 -90; Town of Mangonia Park #R90 -07; Village of Palm Springs D. Urging the Support of Constitutional Amendment #3 Limiting Unfunded State Mandates. 1. Resolution #90 -3; City of Atlantis 2. Resolution #19 -90; City of Boca Raton 3. Resolution #305- 90 -67; Town of Jupiter Inlet Colony 4. Resolution #89 -16; Village of Royal Palm Beach E. Resolution #R90 -11 Supporting the Changing of .Lake Worth Drainage District to 5 Member Board - Village of Palm Springs X. - Public XI. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION OR THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDER AT A REGULAR MEETING OR PUBLIC HEARING, 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. PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Board of the Town of Gulf Stream will hold a Public Hearing on Wednesday, March 7, 1990 at 9:00 A.M. and the Town Commission,.sittinq as the Board of Adjustment, will hold a Public Hearing on Friday, March 9, 1990 at 9:00 A.M., both Cin the Commission Chambers at the Town Hall, Gulf Stream, Florida at which the following will be considered: 1. An application submitted by Amy Van Hoose, Agent for Malcolm R. Butler, 4225 North County Road, Gulf Stream, Florida 33483 requesting a variance from the provisions of the following: Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section VII.; "RS" RESIDENTIAL SINGLE - FAMILY DISTRICT, Sub Section K., Side Yard Required, Paragraph 1. Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section X, GENERAL PROVISIONS, Sub Section F; Garages, Storage Facilities, Etc., Paragraph 2. Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section XI; NON - CONFORMING USES, Sub Section A, Paragraph 3.; Alterations. i to permit the alteration of a non - conforming structure by the addition of a second story which will extend five (5) feet into the required fifteen (15) foot side yard on both sides, to permit the addition of a garage which will extend five (5) feet into the required fifteen (15) foot side yard on the north side, and to permit the doors of the garage to face the street at the address aforementioned, the legal description of-which is The South 57' of the North 2031.94 ', of the East 100', of the West 110' of Government Lot 2, Section 34, Township 45 South, Range 43, East, Palm Beach County, Florida. 2. An application submitted by Robert Keifer, 3430 Gulf Stream, Florida 33483 requesting a variance provisions of: Ordinance 83 -1; ZONING,Part II; COMPREHENSIV ORDINANCE, Section X; GENERAL PROVISIONS, Su: Residential Outdoor ReCTP_a tinn Fari1i2 Aorta Oleander Way, from the Paragraph 1.; Swimming Pools, Sub Paragraph e. ection I; ions. to permit the installation of a swimming pool which will encroach fourteen and one half (14h) feet into the required twenty five (25) foot front yard setback on the west side and four and one half (4h) feet into the required fifteen (15) foot side yard setback on the south side at the address aforementioned, the legal description of which is Lot 48, less the south 23 feet thereof, Replat of Part-of Gulf Stream Properties No. 2. 3. An application submitted by James B. Orthwein, 330 Banyan Road, Gulf Stream, Florida 33483 requesting a variance from the provisions of the following: Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section VII; "RS" RESIDENTIAL SINGLE- FAMILY DISTRICT, Sub Section K.; Side Yard Required, Paragraph 1. to permit the construction of a single family dwelling which will C) twenty thirteen and one quarter (134) feet into the required twenty eight and one quarter (28;) foot side yard setback on the west side. The location of the proposed construction is on the north west corner of Polo Drive and Banyan Road which is legally described as Lot 5, Block 3, Polo Fields, Plat No. 1. ALL PERSONS INTERESTED in these matters may appear before the 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 PLANNING BOARD OR THE TOWN COMMISSION SITTING AS THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS PUBLIC HEARING, 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 15, 1990 Publish: Palm Beach Post -Times 1st Publication: February 20, 1990 2nd Publication: March 1, 1990 TOWN OF GULF STREAM, FLORIDA /7.� I �,� Rita L. Taylor Town Clerk THIS NOTICE IS PUBLISHED PURSUANT TO THE TOWN OF GULF STREAM CODE OF LAWS AND ORDINANCES AND IS POSTED AT THE GULF STREAM TOWN HALL IN A CONSPICUOUS LOCATION OUTSIDE THE FRONT DOOR. 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 Chris Bull who on oath says that she/he is Class. Sales Mgr. 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 public hearing in the - -- Court, was published in said newspaper in the issues of February 21, March 1, 1990 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 the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this 2 day of March 19 90 L�7 f N0. 22]900 PUBLIC HEAPING NOTICE IS HEREBY GIVEN that the Planning Board of the Town at Gull Strcam will h-to a Public Hearing on Wadeaa day. March T, all at 9100 sn satny se pee , d i of Adjustment, will hold a Public earing on Friday. March 9, 19g0 at 9:00 A.M., both In Me Commission Chambers at the Town Hall, Gulf Stream, Flori- da at which the following will be considered: 11 An application submitted by Amy Van Noose, Agent for Malcolm R. Butler, 4225 North County Road, Gulf Stream, Florida 33483 requesting a variance from the provisions of the following: I. COMPREHENSIVE ZONING ORDINANCE, Section VII.; 'WS" RESIDENTIAL SINGLE. FAMILY DISTRICT, Bob Sec- tion K.; Side Yard Required, ZONING, Part SIVE ZONING afore K; GEN- US, Sub Sec - Storage Facil- :ORMING USES, Sob Sec - A, Paragraph 3.; Alter- to permit the alteration of a non - conforming structure by the addition of a aecond story which will extend Hve (5) fast into the required fifteen (15) tool aide yard on both elder, to permit the addition of a ga- rage which will extend five (5) feet Into the required fifteen (15) foot aide yard on the north side. and to permit the doors of the garage to face the street at the address aforementioned, the legal da scriplion of which Is The South 2031„945 North of the Eesl 100g1 the West 110' of Government Lot 2, Section 34, Township 45 South, Range 43, East, Palm Beach County, Florida. Robert Keller. 3430 Oleander Way, Gulf Stream, Florida 33483 requesting A variance from the Provisions ol: Section firm I tions, Paragraph 1.; bwimming Pools. Sub Paragraph e. to permit the Installation of a swimming pool which will am croach fourteen and one halt 14 1 wenty2) ,. Into (25)t 1.011 front yen setback onehhall (d 1 11 feet inlo the rc,.I,cd lifteen (105) foal side yard setback on the faun aide at the ad- dress aforementioned, the le- gal description of which Is Lot 48, less the south 23 feet thereof, Beplet of Part of Gull Stream Properties No. 2. 3. An application submitted by James B. Orthwein, 330 Ban- . yan Road. Gull Stream, Florida 33483 requesting A vadanc. from the provisions of the Al- lowing: Ordinance 83.1: ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section VII; "RS" RESIDENTIAL SINGLE-FAMILY DISTRICT, Sub Section K.; Side Yard Required, Paragraph 1. to permit the construction of a single family dwelling which will extend thirteen and one quarter (13 1/4) feel Into the required twenty eight and one quarter (28 1%4) foot side si setback h de. The location of the pf pro- pulled rd north ner Is an west corner of Folo Drive and Banyan Road which Is legally described as Lot S. Block 3, Polo Fields, Plat No. 1. ALL PERSONS INTERESTED In these matters may appear be- fore the 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 PLANNING BOARD OR THE VENT WITH HEbPb MATTER CONSID THIS PUBLIC HEAI PARTY WILL NEED MAY T A WHICH RECORD INCLUObb THE TESTIMONY AND EVI DENCE UPON WHICH THE AP- PEAL IS TO BE BASED. 286.0105, F.S.S. TOWN OF GULF STREAM, FLORIDA Pita L. Taylor, Town Clerk PUB: Palm Beach Post February 21, March 1 11990 TO ALL WHOM IT MAY CONCERN NOTICE IS HEREBY GIVEN that the Planning Board of the Town of Gulf Stream will hold a Public Hearing on Wednesday, March 7, 1990 at 9:00 A.M. and the Town Commission will hold a Public Hearing on Friday, March 9, 1990 at 9:00 A.M., both in the Commission Chambers at the Town Hall, Gulf Stream, Florida at which the following will be considered: An application for a Special Exception submitted by Slate Construction Management, Inc. to permit the placement of a construction trailer as provided in Ordinance No. 83 -1; ZONING, Part II; COMPREHENSIVE ZONING ORDINANCE, Section VII; "RS" RESIDENTIAL SINGLE - FAMILY DISTRICT, Sub Section D; SPECIAL EXCEPTIONS, Paragraph 1. of no greater than five hundred (500) square feet in size, approximately seventy two (72) feet from the front property line and approximately four (4) feet from the north side property line at 3111 N. Ocean Blvd., Gulf Stream, Florida which is owned by William Wooley ALL PERSONS INTERESTED in the matter may appear before the Gulf Stream Planning Board and the Town Commission at the times and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY D BOARD OR THE TOWN COMMISSION WITH RESPECT TO ANY PUBLIC HEARING, SAID PARTY WILL NEED A RECORD OF SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated: February 20, 1990 ECISION MADE BY THE PLANNING MATTER CONSIDERED AT THIS THE PROCEEDINGS, AND FOR RECORD OF THE PROCEEDINGS EVIDENCE UPON WHICH THE TOWN OF GULF STREAM, FLORIDA I Rita L. Taylor, lqbwn Clerk J THIS NOTICE IS PUBLISHED PURSUANT TO THE TOWN OF GULF STREAM CODE OF LAWS AND ORDINANCES AND IS POSTED AT THE GULF STREAM TOWN HALL IN A CONSPICUOUS LOCATION OUTSIDE THE FRONT DOOR. REGULAR MEETING AND PUBLIC HEARING OF THE TOWN COMMISSION /BOARD OF ADJUSTMENT OF THE TOWN OF GULF STREAM, FLORIDA HELD IN THE TOWN HALL ON FRIDAY, MARCH 9, 1990 AT 9:00 A.M. I. The meeting was called to order at 9:00 A.M. by the Hon. William F. Koch, Jr., Mayor. II. Roll Call Present: Absent With Notice: Also Present: III. Minutes William F. Koch, Jr. Alan I. Armour Lawrence E. Stahl James E. Cross Kathleen S. Wallace John Randolph Franklin Flannery Richard Brandt Scott Harrington Mayor Commissioner Commissioner Commissioner Commissioner Town Attorney Town Manager Code Enforcement Officer Resource Engineering /Plan. Mayor Koch inquired if there were any corrections to the minutes of the workshop meeting of February 2, 1990. Commissioner Armour moved and Commissioner Stahl seconded that they be approved as circulated and all voted AYE. Mayor Koch then inquired if there were any corrections to the minutes of the Regular Meeting /Public Hearing of February 9, 1990. There being none, Commissioner Armour moved and Commissioner Stahl seconded that the minutes be approved as circulated and all voted AYE. IV. There were no additions, withdrawals, deferrals or arrangement of item changes. A. Variances 1. Action deferred from February 9, 1990 Hearing. Dr. Chardack, 547 Golfview Drive requesting a variance to permit the installation of a satellite dish antenna which will encroach 11.5 ft. into the required 22.5 ft. side setback. The proposed installation would be at the address stated herein, the legal description of which is Lot 26, Gulfstream Cove. Concern was expressed by the Commission that there are no assurances that J screening will always be adequate to cover the dish installation. Commissioner Armour moved and Commissioner Stahl seconded that this item be deferred to the April, 1990 meeting, the date of which is yet to be determined, and that a written document, in recordable form, be presented to the Planning Board at their meeting on April 4, 1990 for review and recommendation to the Town Commission, sitting as the Board of Adjustment, which will assure that mature landscaping of a size sufficient to screen the dish installation is in place at the time the dish is constructed and that will insure that as long as the dish is in place, the landscape screening will be maintained in a manner so as the dish will not be visible from adjacent properties, rights -of -way and waterway. All voted AYE. Town Commission Meeting Minutes of March 9, 1990 page -2- 2. Amy Van Hoose, Agent for Malcolm R. Butler, 4225 N. County Rd. Gulf Stream, F1. 33483 requesting a variance to permit alteration of a non - conforming structure by the addition of a garage which will encroach 5 feet into the required 15' foot Bile yard on the north side to permit the garage doors to face the street at the address aforementioned. During discussion it was noted that the requested garage would replace the existing carport which is no longer permitted by code. Commissioner Stahl O moved and Commissioner Armour moved that the recommendation of the Planning Board be accepted and the variance granted as requested. All voted AYE. 3. Robert Keifer, 3430 Oleander Way, Gulf Stream, F1. 33483 requesting a variance to permit the installation of a swimming pool which will encroach 14h feet into the required 25 foot front yard setback on the west side and 41 feet into the required 15 foot side yard setback on the south side at the address aforementioned. In presenting the report from the Planning Board it was noted that Mr. Keifer had advised that there would be a double row of mature hedge planted along the property line to screen the pool from view and to screen the fence that would be enclosing the property. The Planning Board recom- mendation was that the variance request be granted as requested provided the landscape screening was installed. Commissioner Armour moved and Commissioner Stahl seconded that variance be granted as recommended by the Planning Board. All voted AYE. 4. James B. Orthwein, 330 Banyan Road, Gulf Stream, Florida 33483 requesting a variance to permit construction of a single family dwelling which will extend 13h feet into the required 284 foot side yard setback on the west side of property on the northwest corner of Polo Drive and Banyan Rd. The recommendation of the Planning Board was to grant the variance as requested. Mayor Koch advised that he would be unable to participate in this matter as his firm was involved in the sale of the property. Due to the absence of two Commissioners, Commissioner Armour moved and Commissioner Stahl seconded that the matter be deferred to the April, 1990 meeting, a date as yet undertermined, due to the lack of a quorum and all voted AYE. B. Special Exceptions 1. Slate Construction Management, Inc., 1101 Sowth Rogers Circle, Suite 1, Boca Raton, F1. 33487 requesting permission to place a construction trailer on the construction site at 3111 N. Ocean Blvd., owned by William Wooley, which would be located approximately 72 feet from the front property line and approximately 4 feet from the north side property line at the address aforementioned. The Planning Board recommendation was that the Special Exception be granted. Mayor Koch declared a conflict of interest in that his firm had participated in the sale of the property to Mr. Wooley. In view of the absence of two Commissioners, Commissioner Stahl moved that the matter be deferred to the April, 1990 meeting, the date of which will be determined, due to the lack of a quorm being present. The motion was seconded by Commissioner Armour and all voted AYE. Town Commission Meeting Minutes of March 9, 1990 page -3- VI. Site Plan Review A. Action deferred from February 9, 1990 hearing. Dr. William Chardack, 547 Golfview Drive, Gulf Stream, Fl. 33483 - Installation of a satellite dish antenna. Due to no decision being made on the variance request for this installation, site plan review is deferred to April, 1990 meeting. B. Amy Van Hoose, Agent for Malcolm R. Butler, 4225 N. County Road, Gulf Stream, Florida 33483 - Addition of a garage and second story on a non - conforming structure. Planning Board recommendation was presented wherein it was advised that a variance was not needed for the second story addition but that an objection had been raised from an adjacent property owner, Lee Brooke. Mrs. Brooke felt the second story should be softened with landscape material and she was concerned that an existing pole which would have to be moved not be moved to her property. It was noted that Amy Van Hoose advised that there was a considerable amount of landscaping material in place at the property line and more would be added. Regarding the utility pole, she had advised that Florida Power and Light suggested that it be moved to the property line. She also advised that approximately one foot of the drive- way infringes on Mrs. Brooke's property and that would be removed during the construction. The Planning Board recommended that the site plan be approved as presented provided the landscaping is included, the pole not located on Mrs. Brooke's property and the driveway infringement corrected. Commissioner Stahl moved, seconded by Commissioner Armour that the site plan be approved asrecommended by the Planning Board and all voted AYE. C. Robert Keifer, 3430 Oleander Way, Gulf Stream, F1. 33483 - Location of a swimming pool and addition of an open arbor porch. The Gulf Stream Planning Board recommended that the site plan be approved as presented. Commissioner Armour moved and Commissioner Stahl seconded that the site plan be approved as recommended by the Planning Board and all voted AYE. D. James B. Orthwein- Construction of a single family dwelling on the north west corner of Polo Drive and Banyan Road. Due to no action being taken on the variance request for this development due to lack of a quorum, site plan review was deferred to April, 1990 mee E. Slate Construction Management, Inc. 1101 South Rogers Circle, u Suite 1, Boca Raton, F1. 33487- Location of a Construction Trailer at 3111 N. Ocean Blvd., Gulf Stream, F1. Since no action could be taken on the Special Exception request due to lack of a quorum, site plan was deferred to the April, 1990 meeting. VII. Reports A. Town Manager 1. Water Usage Town Manager Flannery asked Earl Harvel, Jr. to present the report on the water usage. Town Commission Meeting Minutes of March 9, 1990 page -4- Mr. Harvel was recognized and advised that the consumption was up slightly over last month but the same had been true for other municipalities. He stated that there was an average of 30,851 gal. more per day consumed tharl in January, 1990 but that a comparison of the consumption for the month of February, 1989 showed the usage down by 80,827 gal. 2. Manatee Program O Town Manager Flannery reported that Palm Beach County had approved a new plan for control of the Intracoastal Waterway by establishing different zones for different problems. The zone in which Gulf Stream is included begins at approximately the Ocean Avenue bridge in Ocean Ridge and ends in Boca Raton. An idle speed restriction is placed on watercraft traveling within 50 foot of the shore on each side. The center of the Waterway is not restricted at this time but is up for further consideration. 3. Recycling Program Recycling had been planned for implementation April 1, 1990 but that would not be possible, Mr. Flannery explained. He stated that the current budget did not provide for the additional cost of $5.00 per month for each household it that therefore, it would be necessary to delay the implement- ation until October 1, 1990 when the new budget year commences. 4. Future Absence of the Town Manager Mr. Flannery reminded that he would be away on active duty with the U. S. Coast Guard from April 4, 1990 until April 23, 1990. He pointed out that the April meeting was scheduled for April 13, 1990 which was Good Friday, that subject being covered under item VIII. A. of this agenda. Commissioner Stahl suggested that the matter of the April meeting date be decided at this point and that the meeting be held after MR. Flannery had returned. He felt that the week of April 22, 1990 would be appropriate. Mayor Koch and Commissioner Armour agreed but felt that the other two Commissioners should be contacted with regard to which day would be acceptable. Mayor Koch directed the Town Clerk to contact each Commissioner and then set a day that was agreeable to all for the week of April 22, 1990. The Mayor stated he would call the meeting for the day agreed upon. B. Town Attorney 1. Ordinance amendment RE: Lots of less than 20,000 sq. ft. Attorny Randolph advised that he had revised the document that he had presented at the February meeting to reflect the remarks at that meeting as well as some language changes submitted by Commissioner Stahl. He distributed copies of the revised ordinance. After further discussion on the matter it was agreed that another workshop was needed before any action was taken. It was unanimously agreed that the workshop be held during the week of April 9, 1990, preferably April 11, 1990, at 4 P.M., if agreeable with the two absent Commissioners. The Town Clerk was instructed to follow thru with confirming the date and advising Mayor Koch. All agreed that the agenda should be specific in that only items addressed by the proposed ordinance be considered. This would include remarks from the Zoning Code Review Committee and the Planning Board. They further - agreed that the workshop would be a joint workshop with the Town Commission and the Planning Board. Town Commission Meeting Minutes of March 9, 1990 page -5- 2. Ordinance Amendment RE: Variance Expirations Attorney Randolph advised this would be covered with the other item. C. Planning Board Town Clerk Taylor advised that Mrs. Orthwein had phoned and advised she would not be present for the meeting to present the report from the O Zoning Review Committee and had requested that she present it. The members of the commission advised that since they all had copies of the minutes, it would not be necessary for an oral report to be given. D. Planning Consultants- Resource Engineering & Planning, Inc. 1. Proposed Land Development Regulations Mr. Scott Harrington was recognized and advised that the document before the Commission had gone to the State and that it contained data needed to implement certain sections of the Comprehensive Plan that his firm had been contracted to do. He reminded that this document did not cover all sections that must be implemented, only those that were contracted for as the Commission had decided at previous meetings that some of the implementat- ation would be done "in- house ". Commissioner Stahl asked Mr. Harrington to state what sections in the document were to be made into ordinance form and to provide a list of all other sections that were to be implemented "in- house ". Mr. Harrington advised that the Code must be amended by adding pages 2 thru 6 of Section 1, by amending the drainage regulations as set forth in Section 2, and by including a Concurrency Management System as outlined in Section 3. He added that a section in the Concurrency Management System provides that an annual report be made each November 1 and that the first of these is contained in Section 4. He felt that this could just be upgraded each November 1 without making a completely new report each time. Mr-Harrington also reminded that new zoning classifications for Conservation and Public U had been created and it is necessary to upgrade the land use map as well. After discussion, the Commission unanimously agreed that proposed Code revisions that were presented by Mr. Harrington also be included on the workshop agenda the week of April 9th. E. Financial Director Due to the absence of Mr. Gwynn (the 1st meeting missed since 1974) the report of financial condition was presented by the Town Clerk. Mr. Gwynn's report was made a part of the record. The Town Clerk stated that Mr. Gwynn had advised that 89% of the taxes have been collected, the cash projection is in line, the legal fees are leveling out and the revenue collections are ahead by $16,805.00. There were no questions and Comm. Armour moved to accept the report as presented, seconded by Commissioner Stahl and all voted AYE. F. Police Department Chief Flannery presented a verbal report on the Department's activities for the month of February, 1990. Town Commission Meeting Minutes of March 9, 1990 page -6- G. Construction in Progress The report as circulated showed the total amount of work in progress during the month of February, 1990 to be $5,446,931.00. H. Trash Report The report as prepared by the Department of Public Works was made a part of the record. VIII. Items for Commission Action A. Reconsideration of meeting date of April 13, 1990 -Good Friday This item was considered previously on the agenda. B. Items by Commissioners Mayor Koch advised that he was alarmed by the news that Palm Beach County had adopted a Coastal Conservation ordinance that municipalities could not opt out of. He noted that this was becoming a common practice with the County and he felt the municipalities should band together, along with League representation, to question the validity of such actions. Comm. Armour moved that a letter be sent to the Muncipal League requesting assistance with this problem. The motion was seconded by Commissioner Stahl and all voted AYE. Mayor Koch announced for those in the audience that there would be no election held due to the fact that only the incumbent's had filed for candidacy. IX. Correspondence A. Letter of Appreciation for Police Action - Cheryl Fredrick A letter of appreciation for the police action in apprehending those responsible for the dumping of trash on property owned by Cheryl Fredrick was made a part of the record. B. Resolutions from the City of Atlantis, City of Belle Glade, City of Boynton Beach, Town of Hypoluxo, City of Lake Worth and the Village of Palm Springs requesting support from the Palm Beach Legislative Delegation for the continuation of the Solid Waste Authority as an Independent Special District and urging them not to abolish the Special Act creating the Solid Wase Authority as an Independent Special District or restructure it in any manner were presented. It was noted that the Town of Gulf Stream had adopted a similar resolution at the February meeting. C. Resolutions from the City of Belle Glade, City of Boynton Beach, Town of Hypoluxo, Town of Jupiter Inlet Colony, Town of Mangonia Park and the Village of Palm Springs objecting to Palm Beach County's proposed repeal of Ordinance #72 -8 which currently provides funding by Palm Beach County to municipalities for school crossing guards were made part of the record. Town Commission Meeting Minutes of March 9, 1990 page -7- D. Resolution from City of Atlantis, City of Boca Raton, Town of Jupiter Inlet Colony, and the Village of Royal Palm Beach urging the support of Constitutional Amendment #3 limiting unfunded State mandates were presented. It was noted that Gulf Stream had adopted a similar resolution several months previously. E. Resolution #R -90 -11 supporting the changing of the Lake Worth Drainage District to a 5 member board was received from the Village of Palm Springs and made a part of the official record. oX. Public Three complaints were received from members of the audience, none of whom identified themselves, with regard to large boulders that had been placed at road side in front of 4110 County Road. Mayor Koch directed that Mr. Flannery and Mr. Brandt look into the complaints and take appropriate action. XI. Adjournment Mayor Koch adjourned the meeting at 10:50 A.M. Attest: /�2& f r Town Clerk �_J I Mayor Commissioner Commissioner Commissioner Commissioner FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME - MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Koch, William Jr. MAILING ADDRESS 'rHE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: 545 Golfyiew Dr. $: CITY ':COUNTY 1 ! OTHER LOCAL AGENCY CITY COUNTY - NAME OF POLITICAL SUBDIVISION: Gulf Stream, Fl. 33483 DATE ON WHICH VOTE OCCURRED MY POSITION IS: :X ELECTIVE APPOINTIVE 3 -9 -90 WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the ecial gain of a principal (other than a government agency) by whom he is retained. person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE .MEETING AT WHICH THE VOTE W1LL,BE TAKEN: • You should complete and file this form (before making any atiempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IB•Rh PAGE 1 V.* IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST ` I William °n ^h Jr , hereby disclose that on March 9, 1990 19 (a) A measure came or will come before my agency which (check one) X inured to my special private gain; or inured to the special gain of by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: 1. Consideration'of a variance request from James Orthwein who is a client of my real estate firm. The variance is connected to property, the sale of which is being handled by my firm. 2. A special exception request for placement of construction trailer on property, the sale of which was handled by my firm. Date Filed C Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8a - 10.86