HomeMy Public PortalAbout06/20/1990TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
MAIL ADDRESS
100 SEA ROAD
WILLIAM F. KOCH, JR., Mayor
GULF STREAM, FLORIDA
ALAN I. ARMOUR, Vice Mayor
33483
JAMES E. CROSS
TEL. GULF STREAM
(407) 276 5116
KATHLEEN S. WALLACE
LAWRENCE E. STAHL
Town Manager
FRANKLIN E. FLANNERY
NOTICE OF CHANGE
OF PUBLIC HEARING DATE
THE PUBLIC HEARING THAT WAS ADVERTISED TO BE HELD BY THE
TOWN COMMISSION, SITTING AS THE BOARD OF ADJUSTMENT, ON
JUNE 15, 1990 AT 9:00 A.M. HAS BEEN RESCHEDULED AND WILL
BE HELD IN THE TOWN HALL ON WEDNESDAY, JUNE 20, 1990 AT
9:00 A.M.
THE APPLICATIONS FOR VARIANCES TO BE CONSIDERED ARE THOSE
THAT WERE ADVERTISED IN DETAIL, BRIEFLY DESCRIBED HERE AS
FOLLOWS:
An application submitted by Ettore and
Lovedy P. Barbatelli, 520 Middle Road,
Gulf Stream, Florida.
An application submitted by Gustavo J.
Carbonell, Agent for Janet Parker, 3525
Polo Drive, Gulf Stream, Florida.
Dated: June 1, 1990 TOWN OF GULF STREAM, FLORIDA
Publish: Palm Beach Post 7
Rita L. Tayl , Town Clerk
1st Publication: June 5, 1990
2nd Publication: June 15, 1990
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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
WEDNESDAY, JUNE 20, 1990 at 8:00 A.M.
I. The meeting was called to order at 8:00 A.M. by the Hon. William
F. Koch, Jr., Mayor, said meeting having been duly noticed.
II. Roll Call
Present: William F. Koch, Jr. Mayor
Alan I. Armour Commissioner
James E. Cross Commissioner
Lawrence E. Stahl Commissioner
Also Present: John Randolph Town Attorney
Franklin Flannery Town Manager
Jack Buchan Police Captain
Absent: Kathleen Wallace Commissioner
Reported that she would be late
III. Minutes
A. Joint Workshop Meeting of May 9, 1990.
Commissioner Armour called attention to an error in paragraph
seven on page 3 wherein Mr. Sheehan was referred to as "Commissioner"
Sheehan. Town Clerk Taylor noted the error and advised it would be correct-
ed. Commissioner Armour then moved that the Minutes of May 9, 1990 be
approved as amended. The motion was seconded by Commissioner Cross
and all voted AYE.
B. Regular Meeting of May 10, 1990.
Commissioner Armour moved that the minutes be approved as
circulated, seconded by Commissioner Stahl and all voted AYE.
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
Mayor Koch advised that the notices for the Public Hearing and
site plan portions of the agenda, Items V and VI, had been advertised
for 9:00 A.M. and that those items would be deferred until 9:00 A.M.
V. Announcements
A. Retirement of Clarence Sova.
Town Manager Flannery read, with regret, the letter of
resignation from Mr. Solva. He then introduced Mr. Solva's wife and
daughter and asked them to come forward. Mr. Flannery read Resolution
No. 90 -3, A RESOLUTION OF APPRECIATION TO CLARENCE J. SOLVA FROM THE
TOWN COMMISSION OF THE TOWN OF GULF STREAM. Mayor Koch presented a
wall clock which incorporated a placque expressing the Town's appreciation
for Mr. Solva's services expressing regret that Mr. Solva was unable
to be present.
At this point, Commissioner Wallace arrived.
VIII. Reports
A. Town Manager
1. Water Usage
Town Manager Flannery reported that daily average water consumption
was down 23.4% as compared to the previous year.
Town Commission Meeting Minutes of June 20, 1990 page -2-
2. Proposed Plan for Water Conservation
Mr. Flannery called attention to his proposed plan to meet the requirements
set out in the Comprehensive Plan regarding water conservation and advised
that he had omitted an item that should be included. He felt that a
personal visit with top 5 water consumers should be a part of the plan.
The Commissioners agreed and felt the overall plan was good. However,
there were some additional suggestions. Commissioner Armour felt that a
calendar should be prepared to show a specific schedule for implementation
of each of the items in the plan. Commissioner Stahl believed that we
should follow each step that is outlined in Exhibit B of the proposed
amendment to the Comprehansive Plan and identify what we are doing to
meet our requirements on each step. He also distributed a list of 24
ways to save water and suggested that it be used in one of the mailings
to the residents.
3. Trash Collection Proposals
Proposals for trash collection were received from Kirk Materials and
County Sanitation. Mr. Flannery presented six options for handling
trash, two of which would utilize the services of a private contractor
and four of which would involve from one to three employees.It was noted
that the purchase of a new truck is necessary. If outside contractors
are used, a small pickup truck would be sufficient. Otherwise, the
purchase of a clam truck was recommended. The Commission felt that a
clam truck could not be properly maintained and was too dangerous to
operate. Therefore, a dump truck similar to the existing would need to
be purchased. Due to the large turnover in personnel performing this type
of work, Mr. Flannery recommended that the Town contract with County
Sanitation (who would furnish the same type service that the Town is
furnishing), that a pickup truck be purchased and one maintenance person
retained. Mr. Johnson of County Sanitation was present and answered all
questions from the Commission with regard to the proposed contract and
the type of service they are offering. The Commission indicated that
they would prefer a contract that would cover only the trash and not
have it included in the revised garbage contract. Attorney Randolph
raised several questions regarding the proposed contract. It was mutually
agreed that the matter would be decided at the budget meeting and that
in the interim, the Attorney for County Sanitation should contact Attorney
Randolph to work out the questions that had been raised and to draft
a revised garbage contract to include recycling and a separate document
to cover trash collection
4. Consideration of appointment of Chief of Police
Town Manager Flannery advised that at the present time he was short two
police officers. He felt a Chief of Police should be hired and that the
duties would be not only top administrator of the department but to
handle patrol duty on the day shift as well. He stated that the new
Chief would be in uniform and that two persons had received his consider-
ation. Those were Captain Jack Buchan, currently on the department,
and Robert Schultz. Mr. Flannery felt that he was prepared to make
a recommendation for the consideration of the Commission since each
Commissioner had individually interviewed both Captain Buchan and Mr.
Schultz. Mr. Flannery recommended that Mr. Schultz be appointed Police
Chief due to the extensive educational background in administrative
police work and his actual experience. The salary proposed is $38,500,
to increase to $42,000 after a 6 month review, he said. Commissioner
Cross moved that Robert Schultz be appointed Interim Police Chief for
a 6 month probationary period at a salary of $38,500 increasing to $42,000
after the 6 month review. The motion was seconded by Commissioner Stahl.
Town Commission Meeting Minutes of June 20, 1990 page -3-
All Commissioners voted AYE. Commissioner Armour thanked Captain Buchan
for submitting a resumond showing interest in the position.
B. Town Attorney
There was no report from the Town Attorney.
C. Planning Board
oThere was no report from the Planning Board
D. Financial Director
Finance Director, William Gwynn, was absent due to illness but the
financial report was available in the agenda packets and there were
no questions regarding it's content.
E. Police Department
Captain Buchan gave a brief police report.
F. Construction in Progress
A current list of construction in progress was noted.
G. Public Works
The report of May Public Works activity was acknowledged.
Mayor Koch announced that inasmuch as it was 9:00 A.M., he would now
open the PUBLIC HEARING that had been advertised for that time.
VI. PUBLIC HEARING
A. Variances -Board of Adjustment
1. Ettore and Lovedy P. Barbatelli, 520 Middle Road,
Gulf Stream, Florida 33483 requesting a variance to
permit extension of a non - conforming structure by the
addition of 405 Sq. Ft. to the existing garage that
would encroach approximately 11.2' into the required 21.2'
side setback and to permit the garage doors to continue
to face Middle Road at the address aforementioned.
Mr. Charles Eaton, vice Chairman of the Planning Board advised that the
Planning Board had recommended that the variance be granted as requested.
Commissioner Cross questioned what the Planning Board had considered as a
hardship in this instance since it appears that an addition could be
made in the rear without a variance. Mr. Eaton advised that it was
recommended based on the need of the resident and there had been no
objections from the neighors. Commissioner Wallace asked Attorney
Randolph what the definition of a hardship would be. He advised that
a hardship is something that runs with the land causing the parcel being
built on to be different than others. He cited one example as being
a triangular shaped parcel that would make it difficult to build on.
Mayor Koch asked if there was anyone present to represent this request.
The Clerk advised there was not and also that no one was present at the
hearing before the Planning Board. Commissioner Cross moved to defer
action on the application to the meeting to be held on July 13, 1990
in order to give the applicant an opportunity to appear. The motion was
seconded by Commissioner Wallace and all voted AYE.
G
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Town Commission Meeting Minutes of June 20, 1990 page -4-
2. Gustavo J. Carbonell, Agent for Janet Parker, 3525 Polo
Drive, Gulf Stream, Florida 33483 requesting a variance
to permit the addition of a bathroom which would encroach
7.2' into the front yard setback of a corner side yard,
the proposed floor elevation being that of the existing
dwelling, 6.1' above zero sea level at the address
aforementioned.
Mr. Eaton reported that his 9oard had recommended the variance be granted
as requested as Mrs. Parker had cited health problems that required a
larger area for a tub to be installed. When asked, Attorney Randolph
stated that under the provisions of the Ordinance, health problems are not
considered hardships. Mr. Gustavo J. Carbonell, Agent for Mrs. Parker
was recognized and stated that the property line ran in a slight diagonal.
In addition, the side yard setbacks had been increased since the house
had been built. He pointed out that the proposed addition would not
extend beyond the line of the existing building. Commissioner Armour
moved that the variance be granted as requested, seconded by Commissioner
Cross. Roll Call: Commissioner Wallace, Nay; Commissioner Cross, Aye;
Commissioner Armour, Aye; Commissioner Stahl, Aye; and Mayor Koch, Aye.
VII. Site Plan Review
A. Ettore & Lovedy P. Barbatelli, 530 Middle Road,
Florida, 33483 - Extension of an existing garage.
Inasmuch as the action on the variance request was deferred
the site plan review will be held also on July 13, 1990.
Gulf Stream,
to July 13, 1990,
B. Gustavo J. Carbonell, Agent for Janet Parker, 3525 Polo Drive,
Gulf Stream, Florida 33483 - Addition of a bathroom.
Commissioner Stahl moved and Commissioner Armour seconded that the site
plan be approved a presented and all voted AYE.
C. Place Au Soleil Homeowners Association, Gulf Stream, Florida
33483- Installation of a decorative entrance wall.
The Town Clerk explained that if permission for the wall is granted, the
association plans to move the existing identification sign to a location
on the new wall. Mr. Eaton advised the Planning Board recommended
approval provided the wall did not exceed 4' in height rather than the
5' as requested. Mr. Carl Brenner, President of the Association and Mr.
Harry Kates, the Vice President, both advised that the Association has no
objection to limiting the height to 4 feet.. Commissioner Armour moved
and Commissioner Wallace seconded the motion to approve the site plan
presented,provided the wall did not exceed four feet in height. All voted
AYE. Commission Armour thanked both Mr. Brenner and Mr. Kates for being
in attendance to represent this request.
D. R.S. Harrell of North South Construction Corp. as Agent for
William Walsh, 2010 Lindell Blvd., Delray Beach, F1. 33444 -
Amending an approved site plan to relocate the unattached
garage from the southwest corner to become an attached garage
to the northwest corner of the dwelling to be located at
3501 N. Ocean Blvd., Gulf Stream, Florida 33483
Mayor Koch disqualified himself stating that he had done so on all previous
action connected with this property,but had not actually sold the property.
He passed the gavel to Vice Mayor Armour. Commissioner Cross verified
the fact that no variances are required in connection with the change.
Town Commission Meeting Minutes of June 20, 1990 page -5-
Commissioner Stahl moved and Commissioner Cross seconded that the
amendment to the original site plan be approved as requested. Roll Call:
Commissioner Wallace, Aye; Commissioner Cross, Aye; Commissioner Stahl,
Aye; and Vice Mayor Armour, Aye;
Vice Mayor Armour returned the gavel to Mayor Koch.
E. Curtis D. Meade, Agent for James T. Pearce, Jr., 3737 N. Ocean
Blvd., Gulf Stream, Florida 33483 - Reconstruction of a pool
O cabana partially destroyed by fire.
The Town Clerk explained that the owner would be using the same drawings
that were used to construct the cabana originally, updated for the newer
safety codes, and the structure would be on the same footprint as the
original building. Commissioner Stahl vgrified that the building would
be landward of the State Coastal Construction Setback Line and then
moved that the site plan be approved as requested. The motion was
seconded by Commissioner Cross and all voted AYE. Commissioner Stahl
called attention to the fact that in the letter submitted by Mr. Meade,
it was stated that if approved, the construction drawings would be
submitted to Palm Beach County for permitting when in fact they will be
submitted to the Town of Gulf Stream for permitting.
IX. Items for Commission Action
A. Emergency Water Distribution via Gulf Stream Golf Club Lines
A letter from the Gulf Stream Golf Club advising that they will be
constructing a new water line under the Intracoastal Waterway and offering
to share the existing line with the Town in the event of an emergency
was read. It was noted that they use the lines for "gray water" and
it would be necessary that the line be flu;led before being used for
potable water. A representative from the Club was present and showed
a location drawing of where the existing lines and proposed lines are
located, He advised that the distance from the Town's line to the
existing line belonging to the Club is approximately 120 feet. He
explained it would be necessary to install a pipe to connect the two
on the west side and on the east side of the Waterway. Mayor Koch felt
the Town should engage an engineer to determine if this emergency line
was necessary and if this suggestion was feasible cost wise. The members
of the Commission agreed that Town Manager should contact Mr. Butkas, the
engineer that had handled the water distribution in the past, and determine
what the costs for his services in this investigation would be.
B. Request for Commencement of Construction Work at 7 A.M.
A letter of request from Mouw Associates requesting that they be permitted
to commence work at 7A.M. at the Bath & Tennis Club was read. Mr. Flannery
advised that the Town Code would permit this if it was in the best interest
of the parties and did not jeopardize the health and safety of the public.
Mr. Eaton advised that the Planning Board recommended that this request
be granted and added that there are no neighbors in residence at this time.
Commissioner Armour moved that temporary permission be granted for work
to commence at 7 A.M. provided there is no noise involved until after 8 A.M.
The motion was seconded by Commissioner Cross and all voted AYE.
C. Items by Commissioners
Commissioner Wallace called attention to the material in the agenda
packet that she had prepared to give physical examples of the appearance
of properties at various percentages of lot coverage.She explained that
Town Commission Meeting Minutes of June 20, 1990 page -6-
some of the properties she observed appeared to be overbuilt even tho
the actual lot coverage was less than the maximum that is proposed in
the new ordinance.Mayor Koch felt that this should not be addressed
until the ordinance goes for public hearing at second reading. When asked,
Attorney Randolph advised that if there are substantial changes made at
the second reading, it would be necessary that it go back for first reading
again which would be a minimum of two month delay in adoption. Commissioner
Wallace stated she felt strongly that this maximum lot coverage proposed
should be reviewed once again but that whenever the Commission wanted to
o do it was agreeable with her, and she encouraged the other members of the
Commission to have a look at some of the properties she had researched.
X. Correspondence
A. Urging Legislature not to adopt House Bill 2113 which would
increase the tort liability of Governmental Entities.
1. Resolution 37 -90; Lake Worth, Florida
2. Resolution 90 -26; Greenacres City
B. Resolution 32 -90; Opposing proposed 24 Sales Tax on meals in
restaurants which serve alcoholic beverages to fund a
Convention Center -Palm Beach Gardens
C. Resolution 39 -90; Opposing Governor's proposal to impose a
service fee on Local Governemnt h� Sales Tax Trust Fund -
City of Lake Worth
D. Letter requesting the Palm Beach County Commission to re-
consider the repeal of Ordinance 72 -8 to discontinue funding
for school crossing guards -Town of Palm Beach
E. Request for Purchase of Advertising for 1990 Football Program -
Kim Law, Atlantic High School
F. Request for Financial Assistance- Alzeimer's Association
Items A. thin F. were noted and made a part of the record.
XI. Public
There was no comment from the public.
XII. Adjournment
On motion of Commissioner Armour that was seconded by Commissioner Stahl,
Mayor Koch adjourned the meeting at 9:50 A.M.
Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
�I
Town Clerk Commissioner
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAML' -FIRST NAME - MIDDLE NAME -
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Koch William Jr.
.
MAILING ADDRESS
THE BOARD, COUNCIL, COMMI ION, AUTHORITY, OR COMMITTEE ON
545 Golfview Dr.
WHICH I SERVE IS A UNIT OF:
:j{CITY :'COUNTY IIOTHER LOCAL AGENCY
CITY COUNTY
NAME OF POLITICAL SUBDIVISION:
Gulf Stream Palm Beach
DATE ON WHICH VOTE OCCURRED
MY POSITION IS:
ELECTIVE APPOINTIVE
J , 6 -20 -90
X
u
WHO MUST FILE FORM SB
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 requirerents of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it ir, making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which yoXhave 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, - LORIDA 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 of 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
i-necial gain of a principal (other than a government agency) by whom he is retained.
ti 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 of-at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
You should complete and file this form (before making any attempt 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.
I "R \I NH IB -Nh PAGE I
Yi
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
William Koch, Jr. , hereby disclose that on June 20, 1990 1 19
(a) A measure came or will come before my agency which (check one)
— c 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:
Review of an amendment to a previously approved site plan for William
Walsh. I abstained from voting on the original site plan.
Date Filed
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.
.I11,
CG. FORM 811 - IO -HG