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HomeMy Public PortalAbout04/12/1991April 5, 1991 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross Lawrence E. Stahl Kathleen S. Wallace REGULAR MEETING OF THE TOWN COMMISSION OF GULF STREAM, FLORIDA TO BE HELD ON FRIDAY, APRIL 12, 1991 AT 9:00 A.M. IN THE TOWN HALL OF GULF 01 STREAM, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order II. Roll Call III. Minutes A. Regular Meeting of March 8, 1991 B. Special Meeting of March 13, 1991 IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements A. Proclamation declaring April "Month of the Young Child" B. Date of next regular meeting -May 10, 1991 VI. Public Requests A. Task Force - Presentation of Proposed Ordinance Changes B. Task Force -Draft of Proposed Special Act of Legislature designating AIA a scenic highway. VII. Site Plan Review A. Sam S. Caliendo, Agent for Gerry and Mary Lipkanich, 17217 Hunington Parkway, Boca Raton Polo Club, Boca Raton, Florida 33496 - Construct a two story single family dwelling at 3223 N. Ocean Bovd., Gulf Stream, Florida. B. Digby Bridges, Agent for Mr. & Mrs. J. Erik Hvide and Brian C. Deuschle, as trustee, 144 West Alexander Palm Road, Royal Palm Yacht & Country Club, Boca Raton, F1. 33232 -A one story addition to an existing single family dwelling located at 1424 N. Ocean Blvd., Gulf Stream, Florida. C. Allan H. & Virginia M. Sipp, 3435 N. Ocean Blvd., Gulf Stream Fla.- Amended Landscape Design in connection with the construction of a single family dwelling at the aforementioned address. D. William F. Koch III, 900 East Atlantic Avenue, Delray Beach, F1. 33483 - Amended Landscape Design in connection with the construction of a single family dwelling located at 543 Middle Road, Gulf Stream, Florida. VIII. Reports A. Town Manager 1. Water Usage 2. Return of Mr. Flannery B. Town Attorney 1. Landscape Irrigation Ordinance 91/11 C. Architectural Review and Planning Board 1. Report of Special Meeting held April 3, 1991 D. Financial Director 1. Financial Report for March, 1991 E. Police Department F. Construction in Progress IX. Items for Commission Action A. Ordinances 1. #91/16; Amending the Zoning Ordinance by establishing an Overlay District known as the North Ocean Blvd. District within the RS, RM and OR Zoning Districts (1st reading) Regular Meeting of the Town Commission April 12, 1991 at 9:00 A.M. page -2- AGENDA CONTINUED IX. Items for Commission Action (Continued) A. Ordinances (Continued) 2. #91/17; Amending the Zoning Ordinance to regulate the size of a second story on single family dwellings (1st reading 3. #91/18; Amending the Zoning Ordinance to establish a maximum height for the first floor finished floor elevation (1st reading) 4. #91/19; Providing for the preservation of trees within the Town (1st reading) X. Correspondence A. Request for recommendations of persons to fill a vacancy on the Water Resources Management Advisiory Board and vacancy on the Solid Waste Authority -Palm Beach County Municipal League B. Request for comments regarding possible options for distribution of the Local Option Gas Tax -Palm Beach County Municipal League C. Request for support of the Town of Lake Clarke Shores efforts to exempt small communities from certain Comprehensive Planning requirements -Town of Palm Beach D. Letter to County Commissioners expressing dissatisfaction with their refusal to ratify appointments to Countywide Planning Council -Town of Lake Park. E. City of Lake Worth 1. Resolution 8 -91; Supporting the independent and autonomus existance of P.B. County Construction Licensing Board. 2. Resolution 9 -91; Adopting the 307th Medical Battalion as part of the "America Supporting Americans" program. F. Endorsing the Palm Beach County Municipal League's position regarding the Countywide Future Land Use Element and the authority of the Countywide Planning Council. 1. Resolution R91- 53;City of Boynton Beach 2. Resolution R- 91 -12; Village of Palm Springs 3. Resolution 51 -91; City of West Palm Beach G. Resolution 33, 1991; Opposing enactment of House Bill 97 relating to the Solid Waste Authority of Palm Beach County -Palm Beach Gard. J H. Resolution #91 -10; Endorsing House Bill No. 321 increasing the penalty for vehicular hit - and - run -Town of Juno Beach I. Resolution #16 -91; Opposing pending delegation agreement between DERM and Fla. Dept. of Environmental Regulation -City of Delray Bch XI. Public XII. 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. 286.0105, F.S.S. REGULAR MEETING OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA HELD IN THE TOWN HALL ON FRIDAY, APRIL 12, 1991 AT 9:00 A.M. I. Call to Order The meeting was called to order at 9:00 A.M. by Mayor William F. Koch, Jr. II. Roll Call Present: Also Present William F. Koch, Jr. Alan I. Armour James E. Cross Lawrence E. Stahl Kathleen S. Wallace Rita Taylor John C. Randolph Robert Schultz Richard Brandt Joan Orthwein Richard K. Brooks, Jr. Digby Bridges Allan H. Sipp William F. Koch, III Mary Windel Charles Velie, Jr. Kim Tiernan John Breazeale Charles Winston Scott Tiernan Mayor Vice Mayor Commissioner Commissioner Commissioner Town Clerk Town Attorney Police Chief Code Enforcement Officer Chairman, Arch. Review /P1. Applicant's Agent Applicant's Agent Applicant Applicant Town Resident Town Resident Town Resident Chairman, Task Force President, Civic Associatior Town Resident III. Minutes A. Regular Meeting of March 8, 1991 The Town Clerk advised that Commissioner Wallace, prior to the meeting, had pointed out errors that must be corrected and she requested that amendments be made to correct the spelling of Eckberg to Ekberg on pages one, two and three, and to correct the word "consumption" to "conservation" in VIII.B. on page 6. Commissioner Armour requested that also in VIII.B. on page 6 it be recorded that he had requested that a study be made with regard to the 30,000 gallon per month minimum charge for water as this does not encourage water conservation. Commissioner Armour then moved that the minutes of the Regular Meeting of March 8, 1991 be approved as amended, seconded by Commissioner Cross. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm.Stahl; AYE, and Mayor Koch; AYE. B. Special Meeting of March 13, 1991 The Town Clerk stated that in the last paragraph of page two, a reference is made to "AlA" but that the reference should have been to U.S. 1. Commissioner Armour moved that the minutes of March 13, 1991 be C ) approved with the amendment requested by the Town Clerk, seconded by Comm. Cross. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl, AYE, and Mayor Koch; AYE. IV. Additions, withdrawals, deferrals, arrangement of agenda _items The Town Clerk requested that there be added as Item X.I.2., Palm Beach Gardens Resolution 48, 1991 opposing delegation agreement between DERM and FDER, as Item X.J., a letter to the Governor from Village of Tequesta expressing reservations about proposed educational budget cuts, and as Item X.K., a letter from Mary E. Wilcox protesting the cutting of Australian Pine Trees. Mayor Koch directed that the order of the agenda be changed to consider Item VII., Site Plan Review as the next item on the agenda. There were no objections to these changes. C, O Minutes of Regular Meeting of the Town Commission -April 12, 1991 page -2- VII. A. Site Plan Review A. Sam S. Caliendo, Agent for Gerry and Mary Lepkanich, 17217 Hunington Parkway, Boca Raton Polo Club, Boca Raton, Florida 33496- Construct a two story single family dwelling at 3223 N. Ocean Blvd., Gulf Stream, Florida. Joan Orthwein, Chairman of the Architectural Review and Planning Board advised that the Board had recommended, on a three to two vote, that the site plan not be approved, citing Section B.I. of Ordinance #91/12 and advising that the Board did not feel that the house fits in Gulf Stream. She noted that it started as a contemporary house and then was altered in an effort to soften the effect but that the basic architecture of the house is still considered modern. She also pointed to the porte - cochere which gives the appearance of a hotel or condo rather than a home. She further noted that B.S. of the Ordinance provides that the structure be not visibly excessively dissimilar in relation to existing structures and it was felt that there are no other homes like the one being proposed, citing the fact that it is over 19,000 square feet in size. Richard Brooks, speaking for the applicant as a consulting architect, advised that members of the Board had felt the original design, which was not his, was too severe and as a result, modifications were made to arrive at the design now being presented. He pointed out that it is not unlike the Phipps housenearby, and called attention to the fact that the proposed dwelling has much greater setbacks from AlA and the Beach than are required and than most other dwellings, which makes it much more subdued. In ad- dition, he called attention to the 8 foot wall surrounding the property. He noted that the size of the property would accomodate two dwellings but that the owner preferred to utilize all of it for one dwelling. He pointed out that the porte - cochere is only approximately 8 feet in height and will not been seen from the street. Mr. Brooks circulated a Project Analysis as related to ORdinance 91/12 to support his contention that the proposed development meets the provisions of the ordinance. That document is made a part of the Lepkanich File. He pointed out how his project has been designed to preserve the dune and beach and circulated photos of other beachfront properties with seawalls that had destroyed the dune. Mr. Brooks then stated that in the spirit of being a good neighbor, and after receiving various comments regarding the project, they would agree to some type of reduction as a condition of approval and suggested a reduction of approximately 1,500 to 2,000 sq. ft. in the residence and 1,000 sq. ft. in the garage. Mayor Koch announced that the Chair would entertain at this point but that those wishing to speak must give their name and address.. comments from the public come to the podium and Mary Windel of Gulf Stream noted that the first floor elevation begins at 15 feet with the existing grade being at 11 feet. She stated that this makes the building even higher. She further noted that while this is a very large parcel, a considerable amount of it has been covered with concrete and asphalt with all of the patios and pools making it appear more like a resort than a home. Mr. Brooks stated that the driveways are very narrow and would be covered by a tree canopy. Charles Velie, Gulf Stream, objected also to the elevation of the first floor and the entire mass of the structure which in his opinion, overwhelms everything else in Town. He felt it was dissimilar in just size alone. Mr. Brooks replied that with the reduction, it is smaller than the house on the north and several others in Gulf Stream. Minutes of Regular Meeting of The Town Commission -April 12, 1991 page -3- Kim Tiernan, Gulf Stream, complimented Mr. Brooks on his presentation but noted that with regard to the beach front, the Town had adopted the ordinances to preserve the beach front but she personally did not believe that the design under consideration should be considered as the criteria for future beach front development. She also stated that she did not care for the architectural design and would prefer something more traditional O John Breazeale, Gulf Stream Road in Gulf Stream, stated that he also felt the design did not follow the provisions of Section B.1. Commissioner Armour observed that a number of comments had been made and Mr. Brooks had offered to reduce the size of the building. Re questioned if Mr. Brooks felt he could go back to the Architectural Review Board and work out the problems so the structure would be morn compatible, resulting in the Commission having a better understanding of what the reduction would be. Mr. Brooks advised that when they met with the Board, there was no direction given as to what changes should be made and they had taken it upon themselves to make the reduction. He stated that in so doing, the house would just "shrink" in size to make the reduction. Commissioner Wallace, addressing Mr. Brooks, stated that in speaking to him previously she had asked if he was seeking some direction and he had replied that no, he was not looking for direction but was calling to explain his project. Mr. Brooks felt there was a misunderstanding and then asked if she had some suggestions. She stated that she had several and that there are several homes for which the Town has drawings in the office that would represent what Gulf Stream is looking for. Mr. Brooks stated that the design had been drawn to accomodate features and life style of the owner and it would be difficult to look at drawings and come up with a design to accomodate the wishes of the owner, but may not be totally impossible. Mayor Koch asked Mr. Caliendo, Agent for Mr. & Mrs. Lepkanich, if they would be willing to eliminate the porte - cochere to which he replied they would not be willing to eliminate it but would reduce it, repeating that it will not be seen from AlA. Mayor Koch observed that with a peaked roof it must be more than 8 feet high. Mr. Caliendo stated they could eliminate the peaked roof. Mrs. Orthwein felt that a flat roof on the porte - cochere may not be attractive. Commissioners Wallace and Armour felt that a design showing the changes should be reviewed before any approvals are given. Mayor Koch suggested O that the Architectural Review Board have a special meeting to review a new design and that if necessary the Commission could have a special meeting to also consider it. Mrs. Wallace requested that Mr. Brooks add the cubical content to the statistics he had presented. Town Clerk Taylor asked to be recognized and presented an objection to the project that had just been received from Mr. Hancock, the property owner to the south who is in Kentucky. The objection was that the enormous structure is not in keeping with the character of the neighborhood. Minutes of ReVular Meeting of The Town Commission -April 12, 1991 page -4- Commissioner Stahl stated he did not want to mislead Mr. Brooks as he had problems with the proposed house on three points. He cited that there are eight points in Ordinance #91/12 to be addressed when reviewing site plans and with regard to the first point, he felt the house is not in good taste, adding that he realized the points are subjective but that is the way the Ordinance is written. Commissioner Stahl felt the house is excessively dissimilar which is a consideration in point five. He added that it may be possible to find something similar but that in n general, it is dissimilar. With regard to point six, he felt the design is not appropriate in relation to the established character of other structures in the immediate area or neighboring areas. Commissioner Stahl said he would have no problem with having the plan go back to the Architect- ural Review and Planning Board but would not support a conditional approval. He added, that if it did go back to ARPB, he is requesting that the Board come back to the Commission with a specific recommendation, which has not been done in this case. Commissioner Cross stated he agreed with everything that Commissioner Stahl had said. Attorney Randolph stated that the Board should give reasons for a denial or an approval with conditions, stating in what regard the criteria has not been met so that the petitioner leaves the meeting knowing exactly what is not acceptable. Commissioner Armour moved to defer further action on the site plan review for Mr. & Mrs. Lepkanich and to return the plan to the Architectural Review and Planning Board for further study and recommendation, suggesting that this be done at a special meeting, in a timely fashion. The motion was seconded by Commissioner Cross. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. Commissioner Wallace, addressing Mr. Brooks, said her direction to him would be to create a design with legs of a commercial appearance and more of a residential look. B. Digby Bridges, Agent for Mr. & Mrs. J. Erik Hvide and Brian C. Deuschle, as trustee, 144 West Alexander Palm Road, Royal Palm Yacht & Country Club, Boca Raton, F1. 33232 -A one story addition to an existing single family dwelling located at 1424 N. Ocean Blvd., Gulf Stream, Florida. Chairman Orthwein advised that this is a very small addition for which no variances were need. She stated the new roof would carry the same lines as that of the existing structure and that the Architectural Review and Planning Board had unanimously recommended that the site plan be approved as requested. Commissioner Stahl moved that the site plan be approved as submitted, seconded by Commissioner Armour. During discussion,. all Commissioners felt the design was acceptable. Roll Call: Comm. Wallace; AYE; Comm. Cross; AYE, Comm. Armour, AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. C. Allan H. & Virginia M. Sipp, 3435 N. Ocean Blvd., Gulf Stream, Fla.- Amended Landscape Design in connection with the construction of a single family dwelling at the aforementioned address. Mrs. Orthwein, Chairman of the Architectural Review and Planning Board advised the applicant is asking to remove a very old Australian Pine hedge that he had attempted to revive, and to replant according to the design submitted. Since this is in the AlA right -of -way, a permit has been issued by DOT to permit this alteration. She reported that the Architectural Review and Planning Board unanimously recommended approval of the design. Minutes of Regular Meeting of The Town Commission -April 12, 1991 page 5 Mayor Koch passed the gavel to Vice Mayor Armour declaring that he may have a conflict if he were to participate in items VII.C. and D. in that his firm participated in the sale of the property to Mr. & Mrs. Sipp and in that Item VII.D., his son is the applicant. Commissioner Cross moved that the amended landscape design as presented Cand approved by DOT be approved by the Commission. Commissioner Stahl J seconded the motion. Discussion revealed that the hedge being removed is one third dead and the new planting will be a great improvement. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Stahl; AYE, and Vice Mayor Armour; AYE, with Mayor Koch abstaining. D. William F. Koch III, 900 East Atlantic Avenue, Delray Beach, F1. 33483 - Amended Landscape Design in connection with the construct- ion of a single family dwelling located at 543 Middle Road, Gulf Stream, Florida. Chairman Orthwein advised the Architectural and Planning Board had unanimous- ly recommended that this amended plan be approved as requested. Commissioner Wallace questioned why there had been a change in the location of the permited fence, noting that the designer had located it inside the hedge and it had been changed to read, outside of the hedge. She advised that if, as the hedge grew, it was not pulled thru the fence, it would grow straight up and would not give the desired effect of concealing the fence. The applicant, William F. Koch III, stated that he was placing the fence at the property line in order that the neighbor could connect their fence; otherwise there would be two fences, side by side. Mrs. Wallace asked if the neighbor had agreed to this. Mrs. Orthwein replied that Mrs. Norem had been in the audiance when the ARPB had considered the application and had made no comment. Commissioner Wallace moved to approve the site plan amendment as submitted, seconded by Commissioner Stahl. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Stahl; AYE, and Vice Mayor Armour; AYE, with Mayor Koch abstaining. Vice Mayor Armour returned the gavel to Mayor Koch and Mayor Koch returned to the original order of the agenda. V. Announcements A. Proclamation declaring April "Month of the Young Child ". The Town Clerk presented the Mayor's Proclamation and Mayor Koch so declared, directing that the Proclamation be properly posted. B. Date of next regular meeting -May 10, 1991. Commissioners Wallace and Armour advised that they would be unable to attend the meeting of May 10, 1991. In view of this, Mayor Koch suggested that an alternative date be selected but due to the Commis- sioners not having their calendars, that it may not be possible at this time. The date of May 7, 1991 was proposed and the Town Clerk was directed to confirm this date, or an alternate date, with all Commissioners by April 15, 1991. Commissioner Armour suggested that all Commissioners bring their calendars to the next regular meeting in order that the summer meeting dates and budget dates can be selected. All agreed. Minutes of Regular Meeting of The Town Commission -April 12, 1991 page -6- VI. Public Requests A. Task Force - Presentation of Proposed Ordinance Changes B. Task Force -Draft of Proposed Special Act of Legislature designating AlA a scenic highway. Mr. John Breazeale, Chairman of the Task Force combined both items in one presentation. He called attention to the proposed Legislative Bill that had been a part of the agenda packet and pointed out that if this were to be passed, the State would be restricted from using State C Funds to change the corridor on AlA from Pelican Lane to Sea Road. This bill would designate AlA as a Scenic Highway, he said. Commissioner Stahl asked Attorney Randolph if he had reviewed the document. He advised that he had responded in a letter indicating that he felt it was well drafted and in a form ready to be presented to the Commission but did not comment as to policy. He further advised that it is very similar to other corridor type statutes which have previously been passed in the State. He emphasized that this only deals with the State spending money along the corridor and that if a Gulf Stream Corridor Ordinance is adopted, it will give the Town control over what is done in relation to the trees in the Town. Mayor Koch noted that the Australian Pine Trees are getting old and in the event of a storm, many would be destroyed. He was concerned that if the State could not expend funds on the corridor, the Town would have to pay to clean them up. Attorney Randolph felt that Item one under Section two would cover this. Mayor Koch suggested that Attorney Randolph add some language to make it clear that funds could be expended by the State to clean up after natural disasters. Commissioner Armour moved that the proposed bill as amended be presented to the Legislative Delegation by the Town. The motion was seconded by Commissioner Wallace. Attny. Randolph stated that it may be necessary to direct this action by Resolution but in that one is not available at this time, he suggested that the Commission continue on with the motion and if it is found to be necessary to have a Resolution, he will prepare one for adoption. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch,;AYE. Attorney Randolph clarified the point that if in the State's opinion, the plantings in their right -of -way would create a public safety hazard, they have the authority to have them removed. Mr. Breazeale stated that the Task Force is asking that the following recommendations be considered in an effort to control future construction in the Town: 1. A one story building must not measure more than 10 feet to the tie beam. 2. A two story building must not measure more than 21 feet to the tie beam. 3. No building shall exceed 30 feet in height. 4. No house between Golfview Road and Old School Road and AlA and the Intracoastal may exceed 5,000 square feet on the first floor. 5. New construction and new additions may not be closer than 25 feet to the seawall or closer than the house on either side. Commissioner Stahl moved that these items be referred to the ".ARPB for review and recommendations, seconded by Commissioner Cross. In discussion Commissioner Stahl suggested that the Board should be specific as to what is to be changed in the existing ordinances by these proposals. Mayor Koch suggested the Board take into consideration that perhaps what would be beneficial on smaller lots would not be for larger lots. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE . Minutes of Regular Meeting of The Town Commission -April 12, 1991 page -7- VII. Site Plan Review This item was considered earlier on the agenda at the direction of the Commission. VIII. Reports A. Town Manager 1. Water Usage The Town Clerk, in the absence of Mr. Flannery reported C that the water consumption was down as compared to the same date last year by 12.9 %. She further reported that she had compared an analysis of watering violations recorded for the week of March 19 thru March 25, 1991 and found there to be a total of 60 which involved 47 different households. She called attention to the item under the Town Attorneys Report which relates to the provisions in Ordinance 91/11 and suggested that this may be the proper time to address that also. Mrs. Taylor stated that one of the provisions is that only one warning shall be given and then a citation issued, leaving no discretionary authority to the officers. Attny. Randolph advised that this is very unusual and suggested that the Ordinance be amended to remove the provision and to further provide for an appeal procedure for anyone refusing to pay the fine as established by Ordinance. In addition, he recommended that an agency for receiving the fines be designated. The Town Clerk advised that she has received a number of complaints regarding the strict hours of 4 A.M. to 8 A.M. in view of the fact that South Florida Water Management permits watering from 6 P.M. to 9 A.M. She further noted that there is no provision for hand watering or exceptions to daylight watering when it is necessary to fertilize. She called attention to the fact that the ordinance applies only to parcels of less than 5 acres and added that there is a resident, or possibly more, who has just over 5 acres and insists that he can water as much as he so desires. Commissioner Stahl moved that Attorney Randolph be authorized to amend Ordinance #91/11 to incorporate changes discussed at this meeting, seconded by Commissioner Armour. Attny. Randolph asked to have the hours of watering stated to which the Commission replied that the current provisions in the Ordinance related to the number of days per week in which watering is permitted is to remain the same but that the hours during those days is to be changed to .provide that there be no daylight watering, except for hand watering. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. 2. Return of Mr. Flannery Town Clerk Taylor reported that Mr. Flannery expects to return to Reserve status with the Coast Guard and be back as Town Manager May 6th or 8th. 3. Resolutions of Appreciation Mrs. Taylor advised that resolutions of appreciation were being prepared for the retiring members of the Planning Board. �1 B. Town Attorney 1. Landscape Irrigation ordinance 91/111 This matter was considered during the Town Managers Report 2. Landmarks Ordinance Attorney Randolph advised that Zoning in Progress had been declared while the Landmarks ordinance was under study. He reminded that it had been tabled some time ago and neither he nor the staff had been working on it since that time. He recommended that either the zoning in progress be removed in this regard or work be authorized on the Ordinance. Commissioner Wallace asked what the status of the preparation of a demolitioi ordinance was at this time. Attorney Randolph stated that that would have been a part of the Landmark Ordinance. Charles Winston, President of the Civic Association was recognized and stated once again on behalf of the Civic Association that they request the Landmark Ordinance be withdrawn from any consideration. Mrs. Wallace questioned if it was necessary to Minutes of Regular Meeting of The Town Commission -April 12, 1991 page -g- have a Historic Preservation Ordinance in order to fulfill the requirements in the Comp, Plan. Commissioner Stahl stated that it was necessary but that there was a 5 year period in which to accomplish that. Commissioner Armour moved that in the event zoning in progress had been declared in relation to the Landmark Ordinance, that it be removed. The motion was seconded by Commissioner Stahl. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. Cj The Town Clerk then questioned if zoning in progress was still valid as related to demolition. Commissioner Stahl stated that the original intent of establishing zoning in progress regarding demolition was to give time to establish controls on demolition. He felt that perhaps that control could be established thru amendments to the building codes rather than a separate document. Attorney Randolph advised that it is very difficult to prohibit demolition unless there is some reason for it, such as the dwelling being Landmarked. He suggested building into the Architectural Review and Planning Ordinance a provision for review of demolition applications. The Commissioners were agreeable to this suggestion. C. Architectural Review and Planning Board 1. Report of Special Meeting held April 3, 1991 The Town Clerk, in the absence of Chairman Orthwein� reported that at the organizational meeting, Mr. Orthwein was appointed Chairman and Mr. William Lynch was appointed Vice Chairman. She further reported that the meeting dates had been changed from the first Wednesday of each month to the third Wednesday of each month at 9 A.M. Mr. Armour requested to return to the matter of water once again. He stated he would like to have the 30,000 gallon per month minimum charge for water consumption reviewed by Mr. Flannery on his return and something presented to the Commission within two months regarding the usage and charges, citing that this does not encourage conservation. D. Financial Director 1. Financial Report for March, 1991 In the absence of Mr. Gwynn, Financial Director, the Town Clerk called attention to the report that had been circulated to the Commissioners and added that Mr. Gwynn had requested that she point out that 92% of anticipated tax revenue has been received as of April 5, 1991, not all of which is accounted for in the report due to the last check having been received after the report was prepared. He also wanted it noted that in comparing actual expnesed to budgeted expenses, there has been 51.4% expended at the half way point of the fiscal year. Commissioner Armour moved that the report be approved as circulated, seconded by O Commissioner Stahl. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. E. Police Department Chief Schultz reported on the activity of his department during the month of March and then addressed the matter of police brutality. He wanted the Commission to know that he was sensitive to this situation and cited his many years of experience in law enforcement as enabling him to evaluate an officers attitude or change in attitude regarding this. He further pointed out the training they receive in this area and stated that he has implemented a policy of requiring a phychological examination prior to employment, which had not been done in the past. The Chief noted that he is expecting a resignation on his department and is preparing to hire two experienced police officers. Minutes of Regular Meeting of The Town Commission -April 12, 1991 page -9- F. Construction in Progress The report revealed that the total amount of permitted work in progress in March, 1991 was $9,208,281.00. IX. Items for Commission Action A. Ordinances C 1. #91/16; Amending the Zoning Ordinance by establishing an Overlay District known as the North Ocean Blvd. District within the RS, RM and OR Zoning Districts (1st Reading) Mayor Koch felt that all four ordinances on this agenda should first be sent to the Architectural Review and Planning Board. Com- missioner Stahl moved and Commissioner Cross seconded that Ordinance numbers 91/16, 91/17, 91/18, and 91/19 be referred to the Architectural Review and Planning Board for Review and recommendation. Mayor Koch advised that he is prepared to accept comment from the Commission regarding the proposed ordinances prior to calling for a vote on the motion. Commissioner Armour believed that the Board should consider the alteration of shape and topping of trees in the overlay district as well as removal. Commissioner Armour further called attention to the prohibition of signs and suggested that this should be given study also. 2. #91/17; Amending the Zoning Ordinance to regulate the size of a second story on single family dwellings (1st Reading) Mayor Koch stated he has a problem with the size of the second story provision noting that the formula was taken from a deed restriction of a community and not a zoning regulation. Comm. Armour also felt that requiring the 2nd story be set 4' inside the first story walls on all four sides would create a undesireable appearance. The Mayor suggested that the difference in lot sizes should be considered also. 3. #91/18; Amending the Zoning Ordinance to establish a finished floor elevation. Attny. Randolph advised that the Ordinance should include a provision as to where the measurement would start from. He advised that some ordinances do not require a 1st floor elvation but have a point to measure from in order to determine the maximum building height. He stated that Gulf Stream Building Regulations establish a +7' base flood elevation and state the maximum height be measured from that and not to exceed 35'. He further stated that if it has not been applied or interpreted that way in the past then something additional will be needed. Commissioner Stahl felt this is very technical and perhaps should go back to the attorney. Attorney Randolph advised that he will attend the Planning Board meeting at which this will be considered. 4. #91/19; Providing for the preservation of trees within the Town (1st Reading) Commissioner Cross observed that this is a complicated document and he felt it could be simplified by exempting golf courses. Mr. Randolph felt that under the ordinance, a golf course is not included anymore than a persons back yard. He said this was only intended to deal with vacant and redeveloped property. He believed if regulation was attempted on private, developed property, the ordinance would be subject to challenge. He further explained that if there was a tree on private property that had been designated a historic or specimen tree, then the Ordinance would apply to that tree. Mayor Koch directed that the vote be taken on the motion to refer the four ordinances to ARPB. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl was temporarily out of the room, and Mayor Koch; AYE. Minutes of Replar Meeting of The Town Commission -April 12, 1991 page -10- X. Correspondence A. Request for recommendations of persons to fill a vacancy on the Water Resources Management Advisory Board and vacancy on the Solid Waste Authority -Palm Beach County Municipal League. The Commissioners had no recommendations to fill these vacancies. B. Request for comments regarding possible options for distribution of the Local Option Gas Tax -Palm Beach County Municipal League The Town Clerk explained the background on this request and then observed that of the three options, option #3 would be the most beneficial to Gulf Stream but there is not a large amount of money involved in the difference. Commissioner Stahl moved that the Municipal League be advised that the Town of Gulf Stream favors Option #3, seconded by Comm. Wallace. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE , and Mayor Koch; AYE. C. Request for support of the Town of Lake Clarke Shores efforts to exempt - smalll communities from certain Comprehensive Planning requirements -Town of Palm Beach. At the suggestion of Commissioner Stahl, Mayor Koch directed that a letter be prepared to the Legislative Delegation in support of the actions of Lake Clarke Shores. D. Letter to County Commissioners expressing dissatisfaction with their refusal to ratify appointments to Countywide Planning Council -Town of Lake Park. Mayor Koch directed that a similar letter be prepared for his signature. E. City of Lake Worth 1. Resolution 8 -91; Supporting the independent and autonomus existance of P.B. County Construction Licensing Board. 2. Resolution 9 -91; Adopting the 307th Medical Battalion as part of the "American Supporting Americans" program. These resolutions were made a part of the record F. Endorsing the Palm Beach County Municipal League's position regarding the Countywide Future Land Use Element and the authority of the Countywide Planning Council. 1. Resolution R91 -53; City of Boynton Beach 2. Resolution R- 91 -12; Village of Palm Springs 3. Resolution 51 -91; City of West Palm Beach The Town Qlerk. advised that Attorney Randolph had prepared a letter for the Mayor's signature at the direction at the last meeting and that the letter had been forwarded. G. Resolution 33, 1991; Opposing enactment of House Bill 97 relating to the Solid Waste Authority of Palm Beach County -Palm Bch. Gard. Town Clerk Taylor advised that she had prepared a similar O resolution if the Commission were to be interested in opposing the bill. Commissioner Stahl moved and Commissioner Wallace seconded that Resolution 91 -2 be adopted, following it having been read by title by the Town Clerk. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. H. Resolution #91 -10; Endorsing House Bill No. 321 increasing the penalty for vehicular hit - and -run - Town of Juno Beach This resolution was made a part of the official record. Minutes of Regular Meeting of The Town Commission -April 12, 1991 page -11- X. Correspondence Continued I. Resolution #16 -91; Opposing pending delegation agreement between DERM and Fla. Department of Environmental Regulation - Delray Beach Town Clerk Taylor advised that she had prepared Resolution 91 -3 which is similar to the one on the agenda if the Commission cared to oppose this bill. She was asked to read Resolution 91 -3 by title. Commissioner Armour then moved the adoption C of Resolution 91 -3, seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. 2. Resolution #48,1991; Opposing pending delegation agreement between DERM and Fla. Department of Environmental Regulation - Town of Palm Beach Gardens The Town had previously adopted a similar Resolution and this was made a part of the record. J. Letter from the Village of Tequesta expressing reservations to the Governor regarding his proposed education budget reductions. The letter was made a part of the record. K. Letter from Mary Wilcox, 3300 Polo Drive, Gulf Stream protesting the cutting of Australian Pine Trees in Gulf Stream. This was made a part of the record. XI. Public Scott Tiernan was recognized and suggested that the Commission meetings be changed to meet at 5 P.M. in order that those who work could attend. The Commissioners did not feel this was necessary and Commissioner Wallace observed that those who held positions and lived in Gulf Stream were at a level in their career that would enable them to be absent or re- arrange schedules if they really wanted to attend. Commissioner Wallace reminded that she had discussed with the Commission at the last meeting, a proposed amendment to Ordinance #91/12 to establish an orderly rotation for members of the ARPB and had suggested that the tenure be limited to two consecutive terms and that a reappointment could then take place after a member had been out of office for one year. It was decided that this matter should also go before the ARPB and then back to the Commission. Commissioner Armour offered a RESOLUTION OF APPRECIATION and read the following: BE IT RESOLVED THAT THE TOWN OF GULF STREAM EXTENDS THEIR THANKS AND APPRECIATION TO MAYOR KOCH FOR HIS FAITHFUL AND LOYAL SERVICE AND DEDICATION TO THE TOWN OF GULF STREAM, SERVING AS MAYOR FOR TWENTY FIVE YEARS. WE THANK YOU AND CONGRATULATIONS. KEEP UP THE GOOD WORK! This was followed by a hardy round of applause from the Commission and from the audiance. XII. Adjournment Mayor Koch adjourned the meeting at noon. /?'�6 ' ,J—A Rita L. Taylor, own Clerk FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ♦a %II —I IRST NA%II, — %II nULE NAML Koch, William F., Jr. `.I 111 ISIS AUUKLSS 545 Golfview Drive, Palm Beach I I C'OUN I'Y Gulf Stream, F1. Hill ON \% III( H \OIL (K'CURRI:) April 12, 1991 01: BOARD. COUNCIL, COMMISSION. Town Commission AU I HUM I Y. UK IUMMI 1 1 Lt ON WHICH i SERVE IS A UNIT OF: X CITY COUNTY I OTHER LOCAI. AGENCY NAML OI Town of Gulf Stream MY IIOSI "I "ION IS: X ELECTIVL AI'I'OIN "I "IVL WHO MUST FILE FORM 88 I Iu, It, i m is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, ,klu1101, Commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented \kith 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. hour responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending (w \k Nether 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 F].F.CTED OFFICERS: \ person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures It) 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 \khich 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 special gain of a principal (other than a government agency) by whom he is retained. A 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. II YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • )tbu 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. 11 111 96 IA(.1 I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT 7 iE 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 1 William F. Koch. Jr. , hereby disclose that on, Apri 1 1 ?, 19Q1 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 (b) The measure before my agency and the nature of my interest in the measure is as follows: , by whom 1 am retained. A request for an amendment to the landscape design for the dwelling being constructed at 3435 N. Ocean Blvd., Gulf Stream, Florida by Mr. Allan Sipp was being considered. My firm participated in the sale of the property to Mr. Sipp. April 12, 1991 Date Filed Signature t 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. I I OR%t 49 In R6 PAGL FORM 8B MEMORANDUM OF VOTING COUNTY, MUNICIPAL, AND OTHER LOCAL , .NIt -1 IRST NAME- VIIUULE NAME -_.. Koch, William F., Jr. III nit u%a 545 Golfview Drive, Palm Beach Gulf Stream, F1. H \OIL OCCURRLD I) CONFLICT FOR PUBLIC OFFICERS COMMISSION. AUTHORITY, OR Town Commission 'rHL BOARD, C'OUNC'IL, COMMISSION, WHICH I SERVE IS A UNIT OF: OR COMMITILL ON X CITY COUNTY I ! OTHER LOCAI. AGENCY NAML 01: POLI'HC'AL SUBDIVISION: Town of Gulf Sts MY POSITION IS: X ELECTIVL WHO MUST FILE FORM 88 APFOIN'I'IVF. I I h , Irvin is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, . "uncd, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented %uth 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. 10 m responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending ,m ss holier you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form hclore completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: \ person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures it) 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 s.hich you are abstaining from cuing; 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 special gain of a principal (other than a government agency) by whom he is retained. A 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. II YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE l'HE DECISION PRIOR TO THE MELTING 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. II 10 N 1W .I 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 William F. Koch, Jr hereby disclose that on, -April 1 l 2 ,_ 1991 19 _ -t (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 (b) The measure before my agency and the nature of my interest in the measure is as follows: , by whom 1 am retained. Mr. son, William F. Koch III, requested an amendment to the landscaping design for his dwelling under construction at 543 Middle Road in Gulf Stream. In that this would benefit a member of my family, I declared and conflict and did not participate in this matter. April 12, 1991 _ Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAYBE 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 TQ EXCEED $5,000. I 1 "RV all � In Xl, PA(,r 2