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HomeMy Public PortalAbout05/07/1991May 2, 1991 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross Lawrence E. Stahl Kathleen S. Wallace n REGULAR MEETING OF THE TOWN COMMISSION OF GULF STREAM, FLORIDA TO BE \ - -/ HELD ON TUESDAY, MAY 7, 1991 AT 9:00 A.M. IN THE TOWN HALL OF GULF STREAM, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order II. Roll Call III. Minutes of the Regular Meeting of April 12, 1991 IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. 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. VI. Reports A. Town Manager 1. Water Usage 2. Request for enclosure with water bills RE: TURTLE WALK 3. Acquisition of a new copy machine B. Town Attorney 1. Draft of amendments to Ordinance 91 /12- Architectural Review & Planning Board duties and terms. C. Financial Director 1. Financial Report for April, 1991 D. Architectural Review and Planning Board E. Police Department F. Construction in Progress VII. Items for Commission Action A. Resolutions of Appreciation for Planning Board Members 1. No. 91 -4; William A. Mayer, Chairman 2. No. 91 -5; Charles E. Eaton, Vice Chairman 3. No. 91 -5; Sherwood Sheehan, Member B. Selection of Meeting Dates June, 1991 thru October, 1991 C. Items by Commissioners 1. Support for City of Boynton Beach RE: Topless Bars - Commissioner Armour D. Ordinance #91/20; Amending Ordinance #91/11 to change the permitter hours for irrigation, to remove restrictions on number of warnings to provide for appeals, and to increase exempted acreage to more than five acres (1st reading) VIII. Correspondence A. Opposing pending delegation agreement between DERM and Fla. Dept. of Environmental Regulation 1. Resolution #R91 -71; City of Boynton Beach 2. Resolution #91 -161; Town of Hypoluxo 3. Resolution #17 -91; City of Lake Worth B. Endorsing House Bill No. 321 increasing the penalty for vehicular hit - and -run 1. Resolution #91 -20; City of Greenacres 2. Resolution #587; Town of Highland Beach 3. Resolution #15 -91; City of Lake Worth Regular Meeting of the Town Commission May 7, 1991 at 9 A.M. page 2 AGENDA CONTINUED IX. Public X. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. �� 286.0105, F.S.S. VIII. Correspondence Continued C. Urging League of Cities and Legislature to sponsor legislation allowing code enforcement boards to impose a fine immediately on those found guilty of violations 1. Resolution #91 -11; City of Greenacres 2. Resolution #590;. Town of Highland Beach D. Expressing concern relative to proposed educational budget reductions by the State and local school board 1. Resolution #91 -21; City of Greenacres 2. Letter to Governor Chiles; Town of Hypoluxo E. Opposing enactment of House Bill 97 relating to the removal of elected officials from the Solid Waste Authority Board of P.B. Co. 1. Resolution #16 -91; City of Lake Worth 2. Resolution #20 -91; Town of Palm Beach F. Resolution #91 -19 endorsing House Bill 725 amending the State Statutes relating to legal and official advertising requirements - City of Greenacres. G. Resolution #23 -91 once again endorsing the Municipal League Position regarding the Countywide Future Land Use Element and the authority of the Countywide Planning Council -City of Delray H. Copy of a memorandum from Mark Foley to the State Budget Office expressing support for State Funding Assistance for Human Planning I. Letter from Sheriff Wille requesting support for securing grant funds to continue the Comprehensive Substance Abuse Program. IX. Public X. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. �� 286.0105, F.S.S. O G REGULAR MEETING OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA HELD IN THE TOWN HALL ON TUESDAY, May 7, 1991 AT 9:00 A.M. Call to Order Mayor Koch called the meeting to order at 9:00 A.M. II. Roll Call Present: William F. Koch, Jr. Alan I. Armour James E. Cross Lawrence E. Stahl Kathleen S. Wallace Also Present: Franklin Flannery John Randolph Rita Taylor Robert Schultz William Gwynn Jean Orthwein Richard Brooks Sam Caliendo Charles Vielie Robert Dittman III. Minutes Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Town Attorney Town Clerk Police Chief Finance Director Chairman, Arch. Rev. /P1. Applicant's Agent Applicant's Agent Town Resident Town Resident Town Clerk Taylor advised that Commissioner Wallace had called attention to an error on Page 8, Paragraph C.1. in which reference was made to "Mr." Orthwein when in fact it should be "Mrs." Orthwein. Commissioner Armour moved to approve the minutes of the Regular Meeting of April 12, 1991 as corrected, seconded by Commissioner Cross. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. IV. Additions, withdrawals, deferrals t of requested that two items be added to the agenda, the first being a letter from County Commission Chairman Marcus acknowledging receipt of the Town's letter regarding the failure of the CountyCommission to ratify the Municipal League Appointments to the Countywide Planning Council which would be Item VIII.J. The second item she asked to have considered next on the agenda was a Proclamation declaring the week of June 2, 1991 as National Safe Boating Week. There were no objections to these additions and Mayor Koch directed that the proclamation be considered at this point on the agenda. The Proclamation as requested by the Coast Guard declaring the week of June 2, 1991 as National Safe Boating Week was presented. Commissioner Armour moved and Commissioner Cross seconded that Mayor Koch be authorized to execute the Proclamation. All voted AYE. V. 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 voted three to five to recommend disapproval of the project, citing the provisions of the Gulf Stream Zoning Code under Section XIV, Subsection B., Paragraph 2.b., sub paragraphs 1., 3, and 5.; The plan is not in conformity with good taste, good design, and in general does not contribute to the image of Gulf Stream as a place of beauth, spaciousness, balance, taste, fitness, charm and high quality; Minutes of Regular Meeting of the Town Commission -May 7, 1991 page -2- the proposed building is not in harmony with the proposed developments on land in the general area, with the Comprehensive Plan for Gulf Stream, and with any precise plans adopted pursuant to the Comprehensive Plan; the proposed building is visibly excessively dissimilar in relation to any other structures existing or for which a permit has been issued or to any other structures included in the same permit application in respect to one or more of ;l) cubical contents, 2) gross floor area, 3) height of building or height of roof, 4) other significant design features such as C) materials, color or quality of architectural design. Mr. Richard Brooks, representing the owners Mr. & Mrs. Lepkanich, introduced others representing the owners as Mr. Sam Caliendo, his associate also a Mr. Caliendo (neither of which were architects) and Mr. Oscar Garcia, Architect with Adache Associates. Mr. Brooks recapped the project and pointed out significant facts i.e.; the house would be hard to see with the the setback being 178' and the landscaping would be growing much bigger as time passes, the entire dune will be preserved, classical features have been included in the design, the structure contains more mediterranean and traditional features than any in Town, and ended by remarking that communications had been difficult in that he had not received direct suggestions from the Board Members as to what was distasteful. Several persons took exception to the remark. Commissioner Cross observed that the Mizner designs,. for the most part being mediterranean, dispay a unity and clear cut section of unity which comes through but which is lacking in the design being considered. He noted that the proposed structure has been referred to as being very busy while the Mizner designs display a simplicity of line. He did not believe the building has a unity of feeling that is found in a well designed structure, adding that it is just too complicated. Commissioner Wallace noted that the ARPB had mentioned cubical content at some of their meetings and she asked Mr. Brooks how he could compare his proposed structure with those in the surrounding area, circulating pictures to illustate the dissimilarity. Mr. Brooks replied that he could only estimate the cubical content of other structures but believed the one he is presenting is approximately the same. Mr. Brooks stated that the figure of approximately 179,000 cubical feet was in error and that the figure is actually 139,000. He also stated that his comparisons were being made to structures that had been recently been approved by the Town, not to those having been built many years previously. Comm. Wallace advised that those that have been recently approved are exactly what the Town does not want and that is the reason that an architectural review board had been established,to prevent any more of that type. Mayor Koch suggested that the matter be tabled until the owner could come and discuss the project with the Commission. Mr. Caliendo advised that the owner is unable to be present and he had been authorized to act in his behalf. Mr. Brooks stated that he understood that there is no problem with the size or the footprint of the structure and requested that they be issued a foundation permit with the proviso that the design must meet the approval of the Commission prior to any further permits being issued. Attorney Randolph advised against this in that the person could be delayed in following the process for approval of the remainder of the project which could create problems. Minutes of Regular Meeting of the Town Commission -May 7, 1991 page -3- Commissioner Stahl stated that the best way he could state his dislike for the structure was to say that it has the appearance of a commercial building. He felt that the architects could design to correct this and suggested that they may want to consult with the member of the ARPB who is the Architect, Mr. Sam Ogren. Mayor Koch agreed with this. Attorney Randolph stated that it was acceptable to have a representative of the Town work with the applicant, if the applicant so desired, but that the Town should not design for the applicant, that the presentation must be that of the applicant. Mr. Caliendo stated that they are agreeable to amending the design but that they must have a meeting with the Commission to consider the plan within one week. Mr. Charles Velie from the public was recognized. He presented a group of photos that he and other residents of the Town had assembled to illustrate the type of architecture they considered acceptable for Gulf Stream. He emphasized that the recent dwellings that have been approved are not in keeping with what the Town wants and added that while the proposed structure may not been seen due to the landscaping planned, in the future that landscaping could be greatly reduced. He agreed that the building looks too commercial and remarked that while the design had undergone revisions, there had really been very few actual changes made. Mr. Brooks stated that there have been extensive changes made but also acknowledged that other can be made. Mr. Robert Dittman, a resident in Place AuSoliel, agreed that the Ordinance is subjective and remarked that the size seems to bother many. He favored the Mayor's suggestion of working with the applicant to come to a mutual agreement and suggested that each commisisoner consult with Attorney Randolph to be knowledgeable about the legal liability aspect of a disgruntled applicant and the remedies they may have when the Town may not make the correct determinations, adding that this is the first review under the new ordinance and there will be many to follow. He closed by stating that he did not feel that as time goes on, it will be possible to stop big houses but everything should be done to help soften the appearance. Commissioner Stahl favored having Mr. Ogren, the architect on the ARPB, meet with the applicant to offer suggestions but made it clear that the design that is submitted is to be that of the applicant and �) added that the applicant has heard the objections to the structure at J this meeting, which should aid the applicant with design changes. Commissioner Armour pointed out that Mr. Velie, along with other resident! had provided Mr. Brooks with a "new path" to follow and encouraged those involved to take the time to see if the concerns can be addressed. Minutes of Regular Meeting of the Town Commission -May 7, 1991 page -4- Commissioner Wallace moved to defer consideration of this matter to a meeting to be held at 9:00 A.M. on May 14, 1991, with direction that the applicant modify the plan so as to attempt to bring the plan in compliance with those provisions of Ordinance 91/12 referenced in the recommendation of the Architectural Review and Planning Board, giving specific attention to those exterior features mentioned at this meeting. This should be aimed at softening and simplifying the design, reducing �•, the massive appearance, reducing the commercial appearance (of this structure) and bringing the design more in harmony with the architecture in the Town of Gulf Stream and the applicable provision of the code. 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. VI. Reports Inasmuch as Attorney Randolph would have to leave before the end of the meeting, Mayor Koch announced that at this time the Commission would consider item VI.B.1 followed by item VII.D.. B. Town Attorney 1. Draft of amendments to Ordinance 91 /12- Architectural Review and Planning Board duties and terms. Attorney Randolph explained that he had drafted the amendments as directed by the Commission which will limit the terms of the members of the ARPB to two consecutive three year terms and which establishes a provision for requests for demolition to be reviewed by the ARPB along with establishing criteria for permitting demolition. Commissioner Wallace expressed a desire to have a provision for a "cooling off" period prior to granting a demolition permit, possibly 6 months. Attorney Randolph explained that demolition could not be denied but conditions could be placed on the granting of demolition permission which is what the proposed ordinance amendments would do. The Clerk was directed to refer the proposed amendment to the ARPB for recom- mendation. VII. D. Ordinance #91/20; Amending Ordinance #91/11 to change the permitted hours for irrigation, to remove restrictions on number of warnings, to provide for appeals, and to increase exempted acreage to more than five acres (1st reading) Ordinance #91/20 was read by title by Attorney fandolph after which he advised that the section to permit irrigating new landscaping Saturday thru Thursday had been left out of this amended document and he recom- mended that if Ordinance #91/20 is to be passed on 1st reading that this provision be added to it. He pointed out that the permitted hours for watering had been changed from 4 A.M. to 8 A.M. to non daylight hours, that a provision had been made to permit hand watering at any time, that the provision restricting the number of warnings of violations had been removed, and a provision for the collection of fines and an appeals process had been added. Commissioner Stahl moved that Ordinance #91/20 as amended by adding the the provision for watering new landscaping be passed on first reading, seconded by Commissioner Wallace; 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 -May 7, 1991 page -5- Attorney Randolph excused himself and left the meeting and Mayor Koch returned to the original order of the agenda. VI. Reports A. Town Manager The Town Clerk gave the report inasmuch as Mr. Flannery had just returned from active.duty with "Operation Desert Storm" on this date and had not yet been updated on Town affairs. 1. Water Usage Town Clerk Taylor reported that the water meter which measures the water that is purchased from the City of Delray has still not been repaired and there will be no report on consumption for the month of April. She advised that the bills from Harvel for his services in connection with the water system are running from $800 to $1,000 higher the past few months and it is due to the numerous calls from residents wanting their meters checked because their pressure is so low. She explained that in nearly all instances, it is not the meter but the fact that the pressure in Delray is low. She suggested that when Mr. Flannery reviews therate system for water charges, that perhaps a service charge be included for the special trips that are required to off set these additional costs to the Town for Mr. Harvel's services. The Commissioners agreed to this suggestion. 2. Request for enclosure with water bills RE: TURTLE WALK The Town Clerk called attention to a copy of the letter that Kim Jones has requested be circulated with the next water bills. There were no objections to this request. 3. Acquisition of a new copy machine. Town Clerk Taylor advised that the copy machine in the police department needsto be replaced and she was recommending that the one in the Town Hall be given to the police department and that a new machine with up- dated features be acquired for the Town Hall. She further recommended, after presenting comparision figures for an outright purchase as opposed to a lease or rental arrangement, that a lease for three years of a Xerox 5034 Copier at a monthly cost of $282.50 (which includes most supplies) be considered and that it be entered into beginning the month of July, 1991. She also presented comparisions for a Canon machine and the costs were within a few dollars of the Xerox. Commissioner Stahl moved and Commissioner Wallace seconded that the recommendation of the Town Clerk be approved as presented. Roll,.Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; Comm. Stahl; AYE, and Mayor Koch; AYE. B. Town Attorney This item was considered earlier. C. Financial Director 1. Financial Report for April, 1991. Mr. William Gwynn presented the report and added that the water bill ' collections were up due to the rate increase that had taken place, that the cash projections were in line with what had been anticipated and that no budget adjustments would be required at this time. Commissioner Armour moved that the financial report be approved as presented, seconded by Commissioner Stahl. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. D. Architectural Review and Planning Board There was no report. E. Police Department Chief Robert Schultz gave his activity report and then added that he was pleased to report that reported crimes in the community is down 50% from last year for the periods of January thru April and that traffic enforce- ment has increased by 150 %. He felt the higher visibility with traffic enforcement may be a deterrent for criminal activity. Minutes of Regular Meeting of The Town Commission -May 7, 1991 page -6- F. Construction in Progress The report revealed that the total amount of permitted work in progress in April, 1991 was $8,249,649.00. VII. Items for Commission Action A. Resolutions of Appreciation for Planning Board Members 1. #91 -4; William A. Mayer, Chairman 2. #91 -5; Charles E. Eaton, Vice Chairman 3. #91 -6; Sherwood Sheehan, Member The Resolutions of Appreciation for the retiring members of the Board were read by title. All members of the Commission expressed their appreciation individually and Commissioner Wallace moved for the adoption of Resolutions #91 -4, 91 -5, and 91 -6. The motion was seconded by Com- missioner Armour. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. B. Selection of Meeting Dates June, 1991 thru October, 1991. After discussion and consideration of absences during the summer, it was mutually agreed that the the Regular Commission Meeting in June would be held on June 7, 1991 at 9:00 A.M. and the Regular Commission Meeting in July would be held on July 19, 1991 at 9:00 A.M. with presentation of the Budget for fiscal year 1991 -1992 to be held at that meeting. C. Items by Commissioners 1. Support for City of Boynton Beach RE: Topless Bars - Commissioner Armour Commissioner Armour explained that he had read in the paper that the Boynton Mayor is promising action in regard to eliminating "topless bars" and he suggested that Gulf Stream write a letter of support in this matter. Commissioner Stahl moved and Commissioner Wallace seconded that the Mayor be authorized to write a letter of assurance to The City of Boynton Beach that the Town of Gulf Stream will support their efforts to eliminate the operation of "topless bars ". Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. D. Ordinance #91/20; Amending Ordinance #91/11 This item was considered earlier in the meeting. Commissioner Armour left the meeting at this point. VIII. Correspondence A. Opposing pending delegation agreement between DERM and Fla. Dept. of Environmental Regulation 1. Resolution #R91 -71; City of Boynton Beach 2. Resolution #91 -161; Town of Hypoluxo 3. Resolution #17 -91; City of Lake Worth The Town had recently adopted a similar Resolution and these were made a part of the record. B. Endorsing House Bill No. 321 increasing the penalty for vehicular hit - and -run 1. Resolution #91 -20; City-of Greenacres 2. Resolution #587; Town of Highland Beach 3. Resolution #15 -91; City of Lake Worth These Resolutions were made a part of the official record. C. Urging League of Cities and Legislature to sponsor legislation allowing code enforcement boards to impose a fine immediately on those found guilty of violations. 1. Resolution #91 -11; City of Greenacres 2. Resolution #590; Town of Highland Beach These Resolutions were made a part of the record. Minutes of Regular Meeting of The Town Commission -May 7, 1991 page -7- D. Expressing concern relative to proposed educational budget reductions by the State and local school board. 1. Resolution #91 -21; City of Greenacres 2. Letter to Governor Chiles; Town of Hypoluxo These were made a part of the official record. E. Opposing enactment of House Bill 97 relating to the removal of elected officials from the Solid Waste Authority Board of Palm Beach County. 1. Resolution #16 -91; City of Lake Wroth 2. Resolution #20 -91; Town of Palm Beach A similar resolution had been enacted by Gulf Stream and the Mayor had requested that the Governor veto the bill so no further action was taken. F. Resolution #91 -19 endorsing House Bill 725 amending the State Statutes relating to legal and official advertising require- ments -City of Greenacres. This Resolution was made a part of the record. G. Resolution #23 -91 once again endorsing the Municipal League Position regarding the Countywide Future Land Use Element and the authority of the Countywide Planning Council -City of Delray Mayor Koch had previously written a letter regarding this matter. H. Copy of a memorandum from Mark Foley to the State Budget Office expressing support for State Funding Assistance for Human Planning. This was made a part of the record. I. Letter from Sheriff Wills requesting support for securing grant funds to continue the Comprehensive Substance Abuse Program. The Town Clerk advised she had checked with other Towns and law enforcement agencies and had been advised that this is just a continu- ation of an ongoing program that is referred to as the "Drug Farm" and they are supporting the grant application. Commissioner Stahl moved and Commissioner Wallace seconded that the proper letter of support be written. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE. IX. Public There was no comment from the public X. Adjournment Commissioner Stahl moved that the meeting be adjourned, seconded by Commissioner Cross and all voted AYE. Mayor Koch adjourned the meeting at approximately 10:30 A.M. Rita L. Taylor Town Clerk May 7, 1991 PUBLIC NOTICE ON MAY 8, 1991 AT 10:30 A. M. THERE WILL BE A MEETING HELD AT THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA AT WHICH IN ATTENDANCE WILL BE THE REPRESENTATIVES OF MR. & MRS. GERRY LEPKANICH AND A MEMBER OF THE ARCHITECTURAL REVIEW AND PLANNING BOARD. THIS MEETING IS BEING HELD IN ORDER TO RECEIVE SUGGESTIONS FOR AMENDING THE DESIGN OF A PROPOSED DWELLING FOR MR. AND MRS. LEPKANICH. THIS MEETING WAS DIRECTED BY MUTUAL AGREEMENT OF THOSE INVOLVED AT THE REGULAR MEETING OF THE TOWN COMMISSION HELD MAY 7, 1991. TOWN OF GULF STREAM !C 4 � c Rita L. Taylor Town Clerk