HomeMy Public PortalAbout06/07/1991PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Commission of the Town
of Gulf Stream, Florida at a public hearing to be held on June 7,
1991 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 adoption
of the following:
ORDINANCE NO. 91/20: AN ORDINANCE OF THE TOWN
OF GULF STREAM, FLORIDA, RELATING TO THE USE OF
WATER FOR LANDSCAPE IRRIGATION; AMENDING ORDINANCE
NO. 91/11 RELATING TO RESTRICTIONS AND REGULATIONS
FOR WATERING; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
The proposed ordinance noticed here is available to the public in
the office of the Town Clerk in Town Hall, 100 Sea Road, Gulf
Stream, Florida.
ALL PERSONS INTERESTED IN THIS MATTER may appear before
Town Commission 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 THE 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: May 9, 1991
Publish: Palm Beach Post -Times
Date of Publication: May 27, 1991
TOWN OF GULF STREAM, FLORIDA
/C � / % � --
Rita L. Taylor Town Clerk
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May 31, 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, JUNE 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
A. Regular Meeting of May 7, 1991
B. Special Meeting of May 14, 1991
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
V. Site Plan Review
A. Continued from Special Meeting of May 14, 1991
Sam S. Caliendo, Agent for Gerry and Mary Lepkanich, 17217
Hunington Parkway, Boca Raton Polo Club, Boca Raton, Florida
33496 - Const.a two story single family dwelling at 3223 N. Ocean
Blvd., Gulf Stream, Florida.
VI. Reports
A. Town Manager
1. Water Usage
2. Recodification of Ordinances
B. Town Attorney
C. Financial Director
1. Financial Report for May 1991
D. Architectural Review and Planning Board
1. Report on Meeting of May 15, 1991
E. Police Department
F. Construction in Progress
C VII. Items for Commission Action
A. Agreements
1. Dispatching Service -City of Delray Beach.
2. Interlocal Agreement for Co- Application for "NPDES" Permit
(covers storm water discharge)- Northern Palm Beach County
Water Control District.
B. Ordinance #91/20; Amending Ordinance #91/11 to change the permitt(
hours for irrigation, to remove restrictions on number warnings,
and to provide for appeals. (2nd reading & adoption)
C. Selection of meeting dates for August and September, 1991
D. Items by Commissioners
VIII. Correspondence
A. Resol. 593; Opposing pending delegation agreement between DERM and
Fla. Dept. of Evironmental Regulation -Town of Highland Beach
B. Resol. 91 -162; Urging League of Cities & Legislature to sponsor
legislation allowing Code Enforcement Boards to impose a fine im-
mediately on thosefound guilty of violations -Town of Hypoluxo
IX. Public
X. Adjournment
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COM-
MISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILI
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, JUNE 7, 1991 at 9:00 A.M.
I. Call to Order Mayor Koch called the meeting to order at 9:00 A.M.
II. Roll Call
Present:
Absent:
CAlso Present:
William F. Koch, Jr
Alan I. Armour
James E. Cross
Kathleen S. Wallace
Lawrence E. Stahl
(with notice)
Franklin Flannery
J.A.Jurgens
Robert Schultz
William Gwynn
Scott Harrington
Joan Orthwein
Richard Brooks, Jr
Sam Caliendo
Mary Windel
Charles Velie, Jr.
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Assistant Town Attorney
Police Chief
Finance Director
Code Enforcement Officer
Chairman, Arch. Rev. /P1.
Applicant's Agent
Applicant's Agent
Town Resident
Town Resident
The Mayor called for a moment of silent prayer in memory of Dick Brandt,
the former Code Enforcement Officer for the Town of Gulf Stream.
III. Minutes
A. Regular Meeting of May 7, 1991
Vice Mayor Armour moved that the minutes of the Regular Meeting of May 7,
1991 be approved as circulated, seconded by Commissioner Cross and all
voted AYE.
B. Special Meeting of May 14, 1991
Commissioner Wallace moved that the minutes of the Special Meeting of
May 14, 1991 be approved as presented, seconded by Commissioner Cross
and all voted AYE except Vice Mayor Armour abstained due to not being
present at said meeting.
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
NONE
V. Site Plan Review
A. Continued from Special Meeting of May 14, 1991
Sam Caliendo, Agent for Gerry and Mary Lepkanich, 17217
Hunington Parkway, Boca Raton Polo Club, Boca Raton, Florida, 33496
Construction of a two story single family dwelling at 3223 N. Ocean
Boulevard, Gulf Stream, Florida.
Franklin Flannery, Town Manager, introducted Scott Harrington our new Code
Enforcement Officer and Building Official to the Commission.
r Mr. Scott Harrington, Code Enforcement Officer, gave an outline of his memo
dated June 5, 1991 regarding the revisions to the drawings for the Lepkanich
residence He explained the inconsistencies which
appeared on the Landscape and Drainage Plans prior to the Town receiving
new landscape and drainage plans that were received from Richard Brooks,
Architect, on June 5th. Mr. Harrington stated these new plans did address
all of Mrs. Taylor's concerns and that the Landscape, Drainage and Site
Plans all match as far as elevation are indicated, foot print of the house,
location of the water features, drainage calculations redone. Mr.Harrington
informed the Commission he felt the new set of plans were now ready for
them to make a decision and ready to act upon subject to two conditions;
Minutes of Regular Meeting of the
Town Commission -June 7, 1991
page -2-
1. Landscape Plan - Mylar be corrected and new prints be made
Chalcus hedge be shown on mylar
Water feature be erased (cleaned up)
2. Present a permit from D.O.T. for the driveway cut which
is a requirement before a building permit can be issued.
Mr. Harrington stated that he was satisfied with what had been submitted
C for this Commission Meeting on the paper copy but felt Town should have
a corrected copy in order that there would be no questions or problems
further down the line when a building permit is to be issued.
Commissioner Cross questioned Mr. Harrington if the D.O.T. permit had
been given to the Town and Mr. Harrington affirmed the Town had not
received a permit from the D.O.T.
Commissioner Wallace expressed her concerns regarding how much the Town
had done to help the applicant in preparation for this Site Plan Approval.
She also felt since the Commission had only received the corrected Land-
scape and Drainage Plans 36 hours prior to the meeting and still needed
a corrected Landscape Plan as well as a letter from the D.O.T., therefore
Commissioner Wallace moved to TABLE the site plan for further discussion
until the next regular scheduled commission meeting.
Vice Mayor Armour stated the Architect Review and Planning Board had done
an excellent job on compromising but felt there is a point where good
neighborship and diplomacy has to be used. The Vice Mayor stated he
did not want to prolong this application any further and suggested the
Commission to expedite it as soon as possible.
Richard Brooks, architect, 4710 N.W. 2nd Ave., Boca Raton explained that
a letter had been submitted to the Town from the D.O.T. sometime ago.
Commissioner Wallace corrected Mr. Brooks by stating a letter had been
received from Mr. Caliendo not from the D.O.T. and stated a letter is
needed from the D.O.T. regarding the trees.
Mr. Sam Caliendo explained his position regarding the matter of the
tree removal and stated they had gone to the D.O.T. and stated that a
permit had been approved for the prior owners for the removal of two or
three trees from the driveway.
Mayor Koch stated Mr. Caliendo had stated a valid point being a permit had
been issued to the previous owner's house for the removal of two to three
trees from the driveway entrance which the Town had approved. He questioned
Mr. Caliendo if this was the exact same entrance which had been approved
and Mr. Caliendo stated it was exactly 1008 with no changes.
Mayor Koch then called for a second to Commissioner Wallace's motion
and there was none, therefore the motion died for a lack of a second to
her motion.
Vice Mayor Armour then moved to approve the site plan for the Lepkanich
application with two conditions:
Minutes of Regular Meeting of the
Town Commission -June 7, 1991
page -3-
1. Require applicant to provide a new print from a corrected
mylar which has been signed and sealed. Plans to show all
changes as dictated by the Town's Code Enforcement Officer.
2. Require applicant to obtain driveway permit from the Florida
D.O.T. as soon as possible and that there is to be no further
trees cut down, which would be part of the permit.
The motion was seconded by Commissioner Cross.
G
Mr. Charles Velie from the public was recognized. He questioned whether
this was a house for the Lepkanich family to live in or was it being built
as a SPEC house? Mr. Sam Caliendo stated that it was definitely not a
SPEC house but was being built for the Lepkanich family to reside in.
Vice Mayor Armour stated the law is very valid and referred to John
Randolph's letter to the ARPBoard which outlined what the law is and
what the law is not. He explained the Town may not like what is going up
but the Town must obey the law or have the law changed and he concluded
the Town could not prohibit something because of a personal nature. if
the law is not obeyed the Town is subject to suit and the Commission would
then be at fault.
Mr. J. Jurgens, Assistant Town Attorney stated the bottom line is that the
applicant has gone through all the various entities in the Town with
review from staff, Town Manager, Town Clerk, Code Enforcement Officer as
well as the ARP Board. The applicant has complied basically with everything
that has been required. He further stated that if anyone has a personal
distas +e for what anyone proposed that this has no bearing as long as it
complies with the Town's Ordinances and Regulations which appears to be
the case with this project. Mr. Jurgens continued that whether or not it
is a SPEC house is not a regulation which would prohibit a SPEC house being
built or a house for anybody of any origin or religion. If the Town feels
this is something which should be addressed an ordinance can be drafted to
address that particular issue but one cannot be drafted now to address a
specific projetct.
Mayor Koch called for a roll call vote.
Commissioner Wallace NAYE
Commissioner Cross AYE
Vice Mayor Armour AYE
Mayor Koch AYE
VI. Reports
Town Manager
-' 1. Water Usage
Mr. Flannery explained the water usage was down 7.5% from last year
and that a water report is available from Earl Harvel.
2. Recodification of Ordinances
The Town Manager explained that the Municipal Code Corporation
had submitted a proposal for recodification of both the Zoning and the
Code of Ordinances in the amount of $8,000 total. $1,000 to be paid
out of the 90 -91 Budget and the balance of $7,000 from the 91 -92 Budget.
Mayor Koch question Mr. Gwynn, Finance Director as to what account this
$1,000 would be charged and Mr. Gwynn stated from the Unappropriate Surplus.
Commissioner Wallace moved to approve the proposal made by the Municipal
Minutes of Regular Meeting of the
Town Commission -June 7, 1991
Page -4-
Code Corporation in the amount of $8,000 with $1,000 payable from the
90 -91 Budget and $7,000 payable from the 91 -92 Budget. Commissioner
Cross seconded the motion and all voted AYE.
B. Town Attorney
Mr. J. Jurgens, Assistant Town Attorney stated there was no
report to be given at this time.
C. Finance Director
1. Financial Report for May, 1991
Mr. Gwynn, Finance Director presented the report and drew atten-
tion to page one - Invested Funds - Sinking Funds -and explained $160,000 was
deposited into this account on the last day of May for a payment of
$158,000 to be paid on June 1 for the debt reduction on the bond issue
for the interest and principal. He explained there is seven more years
left to go on said bond issue before having it retired. Mr Gwynn stated
the Cash Projection report is running right on target as well as the
Revenue and Expenditures compared to the budget on a year to date pro-
jection. He explained on June 1st the Town received an estimated taxable
value for the Town of Gulf Stream Tax Roll for 1991 in the amount of
$263,155,579 compared to $183,375,018 representing an increase of
$79,780,561 or a 43.58 increase. The certified roll to be received around
July 1st will show a breakdown of the amount which represents new con-
struction indicating new money for the Town. Mr.Gwynn concluded that the
Budget Meeting will be held on July 19, 1991 after the regular meeting.
Vice Mayor Armour instructed the Finance Director at the time of sub-
mitting the budget not to include any increase in salaries, just one.
He went on to say, "start at ground zero, as a side column, put 1, 2, 3,
on to 20%." The Vice Mayor felt it puts the Commission in bad light
when beginning negotiations with just one. Vice Mayor Armour moved that
the Financial Report be approved as presented and seconded by Commissioner
Wallace. Roll Call: Commissioner Wallace; AYE, Commissioner Cross; AYE,
Vice Mayor Armour; AYE, and Mayor Koch; AYE.
D. Architectural Review and Planning Board
1. Report on Meeting of May 15, 1991
The Chairman, Mrs. Joan Orthwein reported the board had
reviewed the various proposed ordinances and gave their recommendations
on Ordinances #91/16, 91/17, 91/18, 91/19 and the Un- numbered Ordinance
and asked that a workshop meeting be set up to review and discuss further
these proposed zoning ordinances. This meeting to include the Commission,
ARP Board and the Task Force. Mary Windle, Town resident stated that the
Task Force was awaiting further information from Mr. Ogren, Architect for
C1the ARP Board. Chairman Orthwein explained a letter had been received from
Mr. Ogren on June 6th and read the letter into the record.
Vice Mayor Armour moved to hold a Workshop Meeting to consider all the
changes in the zoning ordinances and take the appropriate action. Seconded
by Commissioner Cross . All voted AYe. Mayor stated a date would be set
at the next regular Commission Meeting scheduled for July 19,1991.
Vice Mayor Armour left meeting at 9:50 A.M.
The Commission was concerned regarding proposed zoning ordinances and they
being designated as Zoning in Progress. Assistant Town Attorney Jurgens
explained under Zoning in Progress, this can be deferred for any reasonable
length of time the month of September would be considered reasonable.
Minutes of Regular Meeting of the
Town Commission -June 7, 1991 Page -S-
E. Police Department
Police Chief Robert Schultz gave his activity report and added that he
was glad to report that the crime rate was down 50% from this time last
year. He reported he had hired two new police officers during the month
of May. Officer H. Charyn from New York and Officer W. Collitt from
Pennsylvania giving a brief background on both.
F. Construction in Progress
The report revealed that the total
May, 1991 was $7,979,394.
VII. Items for Commission Action
amount of permitted work in progress in
A. Agreements
1. Dispatching Service -City of Delray Beach
The Town Manager explained this item needs to be tabled as there
was an error on the face of the report which had to be brought to the
attention of the Delray Beach City Manager and also different wording on
page two, Section D and E. He felt this report would be ready to bring
before the Commission at the next scheduled Commission Meeting.
2. Interlocal Agreement for Co- Application for "NPDES" permit
(covers storm water discharge)- Northern Palm Beach County
Water Control District.
Mr. Flannery, Town Manager, stated the cost involved for this agreement
would be $700 to be paid from the 90 -91 Budget and $1,300 from the 91 -92
Budget. Commissioner Wallace moved for the approval of the Interlocal
Agreement for Co- Application for "NPDES" permit and seconded by Commissioner
Cross. Roll Call: Commissioner Wallace; AYE, Commissioner Cross; AYE,
and Mayor Koch; AYE.
B. Ordinance #91/20; Amending Ordinance #91/11 to change the permitted
hours for irrigation, to remove restrictions on number of warnings,
and to provide for appeals. (2nd reading & adoption)
Mr. Jurgens, Assistant Town Attorney read Ordinance #91/20 by title only
as follows:
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM,
FLORIDA, RELATING TO THE USE OF WATER FOR LANDSCAPE IRRIGATION;
AMENDING ORDINANCE NO. 91/11 RELATING TO RESTRICTIONS AND
REGULATIONS FOR WATERING; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
Commissioner Wallace moved that Proposed Ordinance #91/20 be approved
on second and final reading. Commissioner Cross seconded the motion.
Roll Call: Commissioner Wallace; AYE, Commissioner Cross; AYE, and
Mayor Koch; Aye.
C. Selection of meeting dates for August and September, 1991.
August 16, 1991 was set for the Regular Commission Date.
D. Items by Commissioners
NONE
Minutes of Regular Meeting of the
Town Commission -June 7, 1991
Page -6-
VIII. Correspondence
A. Resolution 593; Opposing pending delegation agreement between
DERM and Florida Department of Evironmental Regulation -Town
of Highland Beach.
This resolution was made a part of the official record.
B. Resolution 91 -162; Urging League of Cities and Legislature to
sponsor legislation allowing Code Enforcement Boards to impose
a fine immediately on those found guilty of violations -
Town of Hypoluxo.
This resolution was made a part of the official record.
IX. Public
There was no comment from the public.
X. Adjournment
Commissioner Wallace moved that the meeting be adjourned, seconded
by Commissioner Cross and all voted AYE. Mayor Koch adjourned
the meeting at approximately 10:00 A.M.
w
Bett Boroni
Reco( ding Secretary
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that the Architectural Review and Planning
Board of the Town of Gulf Stream will hold a Public Hearing on
Wednesday, July 17, 1991 at 9:00 A.M. and the Town Commission,
sitting as the Board of Adjustment, will hold a Public Hearing on
Friday, August 16, 1991 at 9:00 A.M., both in the Commission
Chambers at the Town Hall, 100 Sea Road, Gulf Stream, Florida at
which the following will be considered:
An Application submitted by William L. Wallace, 1200 North
Ocean Boulevard, Gulf Stream, Florida 33483 requesting a
variance from the provision of the following:
Ordinance 83 -1, ZONING
ORDINANCE, Section VII "RS" RESIDENTIAL SINGLE - FAMILY
RESIDENTIAL DISTRICT, SUB SECTION K /Side Yard
Required, Paragraph 1
for the reduction of the required side yard setback from fifteen
feet (15')or fifteen percent (15 %) of the average footage of the
lot width, whichever is greater, on each side of the structure
from the required thirty -six and one quarter feet (36.251) to
zero (0) in order to install a Boat Dock on the west side of the
property at the address aforementioned, the legal description of
which is Lot 7 and 8 (less Ely 302.14ft) Golf Course'Addition
and also Section 9, Township 46, Range 43 Ely 95ft of Wly 870 ft
of Nly 225ft of Sly 375 ft of NE 1/4 lyg E FIND Cnl & W of
P1 of Golf Course Addition, Palm Beach County of Gulf Stream,
Florida.
ALL PERSONS INTERESTED in these matters may appear before the
Architectural Review and Planning Board and the Town Comission 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
ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION, SITTING
AS THE BOARD OF ADJUSTMENT, WITH RESPECT TO ANY MATTER CONSIDERED AT
THESE PUBLIC HEARINGS, SAID PARTY WILL NFFD A RECORD OF THE
PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH.RF.CORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED 286.0105 F.S.S.
Dated June 16, 1991 ,
Publish Palm Beach Post- -Times TQJ�J QF GIjLF STREAM, FLORIDA
RITA TTAA�'YLI /OR, OWN CLERK
1st Publication -July 1, 1991
2nd Publication -July 12, 1991
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.