HomeMy Public PortalAbout07/13/1990PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Commission of the Town
of Gulf Stream, Florida, at a regular meeting to be held on
July 13, 1990 at 9:00 A.M. in the Commission Chambers of the Town
Hall, 100 Sea Road, Gulf Stream, Florida will have on the agenda
the following:
PETITIONS FOR THE ABANDONMENT OF THE FIFTEEN (15) FOOT
RIGHT -OF -WAY WHICH IS TWO HUNDRED FIFTY ONE AND FOUR
TENTHS (251.4) FEET IN LENGTH, COMMONLY KNOWN AS PALM
WAY ON THE PLAT OF GULF STREAM PROPERTIES NO. 2, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18, PAGE 42 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, SUBMITTED BY:
1. Carl G. Gezelschap, agent for Alan Gornick
3500 N. Ocean Blvd., Gulf Stream, Florida
2. Thomas Siciliano, Agent for Gulf Stream School
3600 Gulf Stream Road, Gulf Stream, Florida
3. George A. Welsh, 12 Banyan Road, Gulf Stream, Florida
A survey of the location of the property noticed herein is
available to the public at the office of the Town Clerk in the
Town Hall.
ALL PERSONS INTERESTED in this matter may appear before the
Town Commission of the Town of Gulf Stream at the time and place
aforesaid and be heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE
TOWN COMMISSION 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: June 14, 1990
Publish: Palm Beach Post -Times
June 25, 1990
TOWN OF GULF STREAM, FLORIDA
j� a
Rita L. Taylor, Town Clerk
THIS NOTICE IS PUBLISHED PURSUANT TO THE TOWN OF GULF STREAM CODE OF
LAWS AND ORDINANCES AND THE FLORIDA STATE STATUES AND IS POSTED AT THE
GULF STREAM TOWN HALL IN A CONSPICUOUS LOCATION OUTSIDE THE FRONT DOOR.
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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, July 11, 1990
at 9:00 A.M. and the Town Commission will hold a Public Hearing on
GFriday, July 13, 1990Vat 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
Del Swilley, 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 sixty
four (64) feet from the front property line and approximately
twenty four (24) feet from the north side property line
at 2411 North Ocean Blvd., Gulf Stream, Florida which
is owned by Mr. & Mrs. William T. Young.
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 DECISION MADE BY THE
PLANNING BOARD OR THE TOWN COMMISSION 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: June 20, 1990 TOWN OF GULF STREAM, FLORIDA
/P"� ! _ �YL
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.
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11
1
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, JULY 13, 1990 AT 9:00 A.M.
I. Call to Order
The meeting was called to order at 9:00 A.M. by the Hon. William
F. Koch, Jr., Mayor, said meeting having been duly noticed.
II. Roll Call
Present: William F. Koch,
James E. Cross
Lawrence E. Stahl
Kathleen Wallace
Also Present: John Randolph
William Gwynn
Richard Brandt
Jack Buchan
William Mayer
Alvaro Vera
Del Swilley
Charles Toth
Absent: Alan I. Armour
(with notice)
Jr. Mayor
Commissioner
Commissioner
Commissioner
Town Attorney
Finance Director
Code Enforcement Officer
Police Captain
Chairman, Planning Board
Agent, Ettore Barbatelli
Applicant
Agent, Steven Wymer
Vice Mayor
III. Minutes
Commissioner Stahl moved that the minutes of the Regular Meeting/
Public Hearing of June 20, 1990 be approved as circulated, seconded by
Commissioner Wallace and all voted AYE.
IV. Additions. wi
was no
deferrals, arrangement of agenda items
V. PUBLIC HEARING
A. Abandonments
1. Petition for abandonment of the 15' right -of -way, 251.4'
in length, commonly known as Palm Way on the plat of
Gulf Stream Properties No. 2.
a. Carl Gezelschap, Agent for Alan Gornick
3500 N. Ocean Blvd., Gulf Stream, F1.
b. Thomas Siciliano, Agent for Gulf Stream School
3600 Gulf Stream Road, Gulf Stream, F1.
C. George A. Welsh, 12 Banyan Road, Gulf Stream, F1.
Town Clerk Taylor explained that this road had never been improved and
in fact it was thought to have been abandoned many years ago as improvement
by the adjoining property owners have been made.Wheiadvised that there
had been no objections to the proposed abandonment and Resolution No.
90 -3 had been prepared to execute the abandonment if the Commission so
desired, Resolution No. 90 -3 was read by title, a complete copy having
been distributed to members of the commission several days in advance.
Mayor Koch decalred conflict of interest in that his firm had participated
in a recent sale of the property of one of the applicants. He passed the
gavel to Commissioner Cross in the absence of the vice mayor. Commissioner
Stahl moved and Commissioner Wallace seconded that all three petitions
for abandonment be granted and-that Resolution No. 90 -3 be executed to
accomplish the abandonment. Roll Call: Commissioner Stahl; Aye, Commis-
sioner Wallace; Aye, Commissioner Cross; Aye. The Clerk then explained
that the Resolution must be published in the legal ads and then record ed
in the records of Palm Beach County to complete the abandonment.
Mayor Koch accepted the return of the gavel.
Town Commission Meeting Minutes of July 13, 1990 page -2-
B. Variances
1. Continued from Public Hearing of June 20, 1990
Ettore and Lovedy P. Barbatelli, 520 Middle Road, Gulf
Stream, Florida 33483 requesting a variance to permit
extension of a non - conforming structure by an 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
O Road at the address aforementioned.
Wm. Mayer, Chairman of the Planning Bd., reported that the Planning Board
had rereviewed the application at the instruction of Mayor Koch and recom-
mend that it be approved as submitted. He pointed out a new letter of
justification -- had been submitted by Mr. Barbatelli wherein it is
stated that he cannot extend the addition to the south due to the location
of the pool. Mr. Alvaro Vera of Blair Construction representing Mr.
Barbatelli stated that the addition will follow the existing lines of
the building and the garage doors do face the street at this time. Com-
missioner Stahl moved that the variance be granted as requested, seconded
by Commissioner Cross and all voted AYE.
C. Special Exception
1. Del Swilley, Inc. requesting permission to place a
construction trailer on the construction site at 2411 N.
Ocean Blvd., owned by William T. Young, which would be
located approximately 64' from the front property line and
approximately 24' from the north side property line.
Chairm Mayer advised that the Planning Board recommends that the Special
Exception be granted as requested. Mr. Mayer went on to explain that it
is also requested that permission be granted to cut thru the existing
wall along AlA in the vacinity of the trailer for access to the site
during construction as the current access is very narrow and is shared
for access to other sites. Commissioner Wallace moved that the Special
Exception be granted as requested, seconded by Commissioner Stahl and all
voted AYE.
VI. Site Plan Review
A. Ettore and Lovedy P. Barbatelli, 520 Middle Road, Gulf Stream,
Florida, 33483 - Extension of an existing garage.
Mayor Koch passed the gavel to Commissioner Cross due to being called to
the telephone. Commissioner Stahl moved and Commissioner Wallace seconded
that the site plan be approved as submitted and all voted AYE.
B. Del Swilley, Inc. - Placement of a construction trailer at 2411
North Ocean Blvd., Gulf Stream, Florida.
Commissioner Stahl moved and Commissioner Wallace seconded that the site
plan be approved as submitted and all voted AYE.
J C. Samuel Ogren, Jr., Agent for Steven D. Wymer, 2401 Santiago,
Newport Beach, California 92660 - Construction of a single family
dwelling in the 3300 Block of North Ocean Blvd., described as
the north 201 feet of the south 309 feet of Lot 4, Gulf Stream
Ocean Tracts, Gulf STream, Florida.
Mr. Brandt, Code Enforcement Officer called attention to the fact that
with the submission of the site plan, there were no building elevations
shown of the proposed two story garage. He advised that the Planning Board
had recommended approval of the site plan as submitted with the approval
of the garage being deleted until such time as proper documentation is
presented for consideration. Mr. Brandtalso advised that the applicant
is requesting permission to remove one Australian Pine in order to gain
access to the site. He stated they had originally intended to request the
removal of two trees but had modified the driveway so that only the
removal of one tree would be necessary.
Town Commission Meeting Minutes of July 13, 1990 page -3-
Commissioner Wallace moved that the site plan be approved as presented
with the exception of the garage which will be considered at a later time
when proper documentation is submitted for review. The motion was
seconded by Commissioner Stahl and all voted AYE.
Mayor Koch returned to the room and accepted the gavel from Commissioner
Cross.
O VII. Reports
A. Town Manager
1. Water Usage
In the absence of the Town Manager, Town Clerk Taylor
reported that a comparison of December, 1989 thru June, 1990 to December
1988, thru June, 1989 reveals that water usage is down 23 %.. Commissioner
Stahl called attention to the fact that the mandatory water restrictions
by the South Florida Management District are due to be reduced. He
pointed out that in order for Gulf Stream to meet the commitment made in
the Comprehensive Plan with regard to water reduction, Gulf Stream residents
must continue conservation measures. Commissioner Stahl suggested that
the Town Manager prepare a letter to cover this for distribution to the
residents. Commissioner Cross moved and Commissioner Wallace seconded
that the Town Manager prepare a letter to the residents advising of the
necessity to continue water conservation and all voted AYE.
B. Town Attorney
Attorney Randolph had no items on which to report.
C. Planning Board
There was no report from the Planning Board
D. Fiancial Director
There were no questions from the Commission regarding the
financial report that had been distributed. Commissioner Stahl questioned
Mr. Gwynn regarding any budget amendments that might need to be made to
the current budget. Mr. Gwynn stated that no budget adjustment would be
necessary. Mr. Gwynn advised that he had prepared the proper motion that
would be needed to be made in order to designate the $12,500.00 for
accrued vacation and sick time from the undesignated funds. Commissioner
Stahl questioned if those funds could be moved from the designated account
at some future date by vote of the Commission and he was advised by Mr.
Gwynn that they could be moved. Commissioner Stahl then moved that
$12,500.00 be transferred from the Undisignated Fund Balance and placed in
a new account, "Designated Fund3For Accrued Sick Time and Vacation Time.
The motion was seconded by Commissioner Wallace and all voted AYE.
E. Police Department
Captain Buchan presented the Police Report for June, 1990.
F. Construction in Progress
The report, previously distributed, shows that there is a
total of $10,295,798 of work in progress as of June 30, 1990.
G. Public Works
There was no comment regarding the report that had been
distributed with the agenda packet.
VIII. Items for Commission Action
A. Interlocal Agreement for Community Development.Block Grant Funds
Town Clerk Taylor advised that the proposed Interlocal Agre-
ement would be with Palm Beach County, the purpose of which is to permit
the County b asethe population count in Gulf Stream in their grant applic-
ation for State r'unds to be used for low cost housing. She added that
Town Commission Meeting Minutes of July 13, 1990 page -4-
Palm Beach County had proposed these agreements for a number of years.
Attorney Randolph believed that Gulf Stream had not chosen to enter into
any of the agreements in the past. Mayor Koch declared the item tabled.
B. Items by Commissioners
There were no items by the Mayor or Commissioners..
IX. Correspondence
A. A Certificate of Appreciation from the United States Coast
Guard Auxiliary
O The Certificate of Appreciation was for the support and
participation in National Safe Boating Week by Mayor Koch
on behalf of the Town of Gulf Stream. The Town participated thru a
Proclamation executed by Mayor Koch.
B. Letter of Request for Town to swale the alley in back of
3023 Polo Drive -Jean B. Gross
A letter from Mrs. Gross claiming that storm runoff was
draining from the Town owned alley in back of her property and causing
deterioation of her dwelling, and requesting that the Town create a
swale in the alley to retain the water was read by the Town Clerk. Mr.
Brandt advised that he had visited the site and felt that any runoff
would be minimal and could be handled by the property owner with proper
landscaping. He noted that the water mains and meters were located in
the alley and were very close to surface which would make creating a swale
unrealistic. He did suggest that if the property owner cared to delve
further into the problem, it would be necessary that she obtain a topo-
graphical survey from a Florida Certified Engineer. Mr. Brandt advised
that he had spoken to Mrs. Gross' contractor about the problem and the
contractor felt that they could take care of the situation. There was
discussion by the Commission and they agreed that there should be no
digging in the alley.
X. Public
There was no comment from the public.
XI. Adjournment
Commissioner Stahl moved and Commissioner Cross seconded that the
meeting be adjourned. All voted AYE and Mayor Koch adjourned the meeting
at 9:45 A.M.
Mayor Koch
JVice Mayor Armour
ssioner Cross
ATTEST � %/� Commissioner Stahl
Town Clerk Commissioner Wallace
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAML FIRST NAME - MIDDLE NAME NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY. O
Koch, William F. Jr. Town Commission —Ocean Rid e
M \ILIN(i ADDRESS THE BOARD, COUNCIL., COMMISSION, AUTHORITY, OR COI
WHICH I SERVE IS A UNIT OF:
jt: CITY "COUNTY COUNTY 1 ! OTHER LOCAL AGENCY
CITY COUNTY
NAME OF POLITICAL SUBDIVISION:
Gulf Stream Palm Beach Town of Gulf Stream
DATE ON WHICH VOTE OCCURRED MY' POSITION IS:
7 -13 -90 X! ELECTIVE APPOINTIVE
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
A ith 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
„ Q al 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 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 xB III•NR PACE I
1'i
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 F Koch Jr. , hereby disclose that on Tl,ly 1'1 I gan , 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 1 am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
Request for abandonment of public right —of —way adjacent to property
that was recently sold. My firm participated in the sale.
)v'l �2a 1296
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 Ir
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CC FORSt 811 - 10.86
NOTICE OF ABANDONMENT
NOTICE IS HEREBY GIVEN that the Town Commission of the Town
of Gulf Stream, Florida, at a Public Hearing held on July 13, 1990
at 9:00 A.M. adopted the following:
RESOLUTION #90 -3; A RESOLUTION OF THE TOWN COMMISSION
OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
VACATING AND ABANDONING A CERTAIN FIFTEEN FOOT RIGHT -
OF -WAY ON THE PLAT OF GULF STREAM PROPERTIES NO. 2, AS
RECORDED IN PLAT BOOK 18, PAGE 42, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, COMMONLY KNOW AS PALM WAY,
UPON THE REQUEST OF THE ADJACENT PROPERTY OWNERS.
ADOPTED RESOLUTION #90 -3 NOTICED HEREIN is on file and
available to the public at the office of the Town Clerk in
the Town Hall, 100 Sea Road, Gulf Stream, Florida 33483.
Dated: July 16, 1990 TOWN OF GULF STREAM, Florida
Publish: July 20, 1990 �,
Palm Beach Post -Times /t/
�f
Rita L. Taylor, Fown Clerk
THIS NOTICE IS PUBLISHED PURSUANT TO THE TOWN OF GULF STREAM CODE
OF LAWS AND ORDINANCES AND THE FLORIDA STATE STATUTES AND IS POSTED
AT THE GULF STREAM TOWN HALL IN A CONSPICUOUS LOCATION OUTSIDE
THE FRONT DOOR.
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