HomeMy Public PortalAbout11/15/1991November 8, 1991
MAYOR: William F. Koch, Jr.
COMMISSIONER: Alan I. Armour
James E. Cross
Lawrence E. Stahl
Kathleen S. Wallace
( 'REGULAR MEETING TO BE HELD BY THE TOWN COMMISSION ON FRIDAY, NOVEMBER
—'15, 1991 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100
SEA ROAD, GULF STREAM, FLORIDA.
AGENDA
I. Call to Order
II. Roll Call
III. Minutes
A. Regular Meeting of October 7, 1991
B. Public Hearing of October 7, 1991
C. Public Hearing of October 21, 1991
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
V. Announcements
A. December, 1991 regular meeting date.
B. Proclamation declaring November 21, 1991 as "Great American
Smokeout Day ".
VI. Site Plan Review
A. Leo Busschaert of Leobuss Consulting & Development Limited, Inc.,
P. O. Box 3875, Lantana, F1. 33465 - Construction of a single
family dwelling and accessory structures to be located on the
vacant parcel of land on the west side of County Road.
1. Land Clearing Permit.
B. Michael Daniels of Daniels Brothers & Associates, Inc. as
Agent for James Orthwein, 535 Banyan Road, Gulf Stream, F1.-
Amended Site Plan to alter the footprint of the proposed
driveway for the dwelling under construction at 3500 Polo Drive
to permit the addition of a paved recreation /parking area.
VII. Vegetative Disturbance Permit
A. Nils & Candice Friis, 3432 N. Ocean Blvd., Gulf Stream, F1.-
Construction of two entrance columns and replacement of
existing hedge within the Historic Corridor.
VIII. Reports
A. Town Manager
1. Water Usage
2. Fire Hydrant Maintenance
3. Annexation of FIND Property
4. Membership Renewal in the South County Council of Governments
5. Boat, RV and Truck Parking & Screening
6. Sunset of the Countywide Planning Council
B. Town Attorney
1. Unity of Title for the Speer Property
C. Financial Director
1. Financial Report for October, 1991
D. Architectural Review & Planning Board
E. Police Department
F. Construction in Progress
Meeting of November 15, 1991 page 2
AGENDA CONTINUED
t
IX. Items for Commission Action
A. Items by Commissioners
X. Correspondence
A. Thank You Note from Mr. Flannery
XI. Public
XII. Adjournment
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE COMMIS-
SION 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 HELD BY THE GULF STREAM TOWN COMMISSION ON MONDAY, NOVEMBER
15, 1991 AT 9:00 A.M. IN THE GULF STREAM TOWN HALL, 100 SEA ROAD, GULF
STREAM, FLORIDA.
I.
II
III
Call to Order Mayor Koch called the meeting to order at 9 A.M.
Roll Call
Present: William F. Koch, Jr.
James E. Cross
Lawrence E. Stahl
Kathleen S. Wallace
Absent:
Also Present:
Minutes
Alan I. Armour
(with notice)
E. Scott Harrington
John Randolph
Rita Taylor
William Gwynn
Robert Schultz
Joan Orthwein
Leo Busschaert
Mayor
Commissioner
Commissioner
Commissioner
Vice Mayor
Town Manager
Town Attorney
Town Clerk
Finance Director
Police Chief
ARPB Chairman
Applicant
A. Regular Meeting of October 7, 1991
Commissioner Cross moved to approve the minutes as circulated,
seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm.
Cross; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE.
B. Public Hearing of October 7, 1991
Commissioner Cross moved and Commissioner Wallace seconded that
the minutes be approved. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE,
Comm. Stahl; AYE, and Mayor Koch; AYE.
C. Public Hearing of October 21, 1991
Commissioner Cross moved that the minutes be approved, seconded
by Commissioner Stahl. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE,
Comm. Stahl; AYE, and Mayor Koch; AYE.
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
Mayor Koch advised that it would be necessary for Commissioner Cross
to leave the meeting early and he requested that item VI.B. be heard first
under Section VI. There were no objections.
V. Announcements
A. December, 1991 regular meeting date.
Mayor Koch advised that the regular meeting date for December is
December 13, 1991 at 9 A.M. He asked if there
date due to the holiday calendars. There were
date.
B. Proclamation declaring November 21,
Smokeout Day"
The Town Clerk read the proclamatio
executed the document.
was any problem with this
no requests to change the
1991 as "Great American
7 by title and Mayor Koch
Regular Meeting -Town Commission page 2
November 15, 1991
VI. Site Plan Review
B. Michael Daniels of Daniels Brothers & Associates, Inc. as
agent for James Orthwein, 535 Banyan Road, Gulf Stream, F1.-
Amended Site Plan to alter the footprint of the proposed
C driveway for the dwelling under construction at 3500 Polo IIrive
to permit the addition of a paved recreation /parking area.
Inasmuch as the applicants were not present, Mr. Harrington explained that
Mr. Orthwein is requesting to alter the driveway that was previously
approved in order to provide an activity area that would also be used for
extra parking when needed. When asked what type of activity was planned,
Mr. Harrington believed that it would provide for a basketball hoop and
possibly a badminton net or something similar. He stated that there would
be no extra lighting other than what had previously been planned for the
corner of the house. Commissioner Cross noted that the new area would be
apparently 7' from the property line and wondered if driveways were permitted
within the setback. Mr. Harrington advised that they were permitted in
the setback. Mrs. Orthwein, Chairman of the ARPB advised that the Architect-
ural Review and Planning Board had recommended that the revision be approved
as requested.
Mayor Koch passed the gavel to Commissioner Cross and declared a conflict
in this matter since his firm had participated in the original sale of the
property.
Commissioner Stahl asked if the nearest resident was aware of this change.
Mr. Harrington advised that at the present time, the Orthwein's were
residing in the house since they had sold their other dwelling during the
summer. Commissioner Stahl then moved that the revision to the site plan
be approved as recommended by the ARPB with the provision that no certificate
of occupancy be issued until a revised drainage plan which incorporates
the revision has been submitted and approved. The motion was seconded by
Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, and
Comm. Stahl; AYE,
A. Leo Busschaert of Leobuss Consulting & Development Limited, Inc.,
P. 0. Box 3875, Lantana, F1. 33465- Construction of a single
family dwelling and accessory structures to be located on the
vacant parcel of land on the west side of County Road.
1. Land Clearing Permit
Commissioner Cross returned the gavel to Mayor Koch.
Mr. Busschaert presented a rendering of the proposed dwelling and gave
a detailed explanation of the drainage design and the proposed landscaping.
Comm :_Walhce asked if the number of trees etc. was firm with only the
types of plants being as yet not fully decided. Mr. Busschaert assured the
Commission that there would be the same number of each but that the type
might be different due to the constraints of availability when they are needed..
Mrs. Orthwein, Chairman of the Architectural Review and Planning Board
reported that the Board recommended that the site plan be approved as
presented and the land clearing permit be granted as requested.
Commissioner Stahl asked for an explanation of the east property line
being shown as the centerline of County Road. Mr. Harrington explained that
the area had been developed on an unrecorded plat and it appeared that most
of the property in the platdid not include •a dedication for the road. He
stated that Attorney Randolph felt it would be best not to require a
Regular Meeting -Town Commission page 3
November 15, 1991
dedication for this one parcel without having the entire road dedicated.
Attorney Randolph advised if it was the intent of the Commission to have
all of it dedicated, it would be necessary to have a number of title
i searches, etc. which would be very costly. The Commission agreed that it
1 was not their intent to go forward with that.
Commissioner Cross moved and Commissioner Wallace seconded that the entire
application be approved as was recommended by the ARPB. Roll Call: Comm.
Wallace; AYE, Comm. Cross; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE.
Commissioner Cross left the meeting at this point.
VII. Vegetative Distrubance Permit
A. Nils & Candice is, M2 N. Ocean Blvd., Gulf Stream, F1.-
Construction of two entrance columns and replacement of
existing hedge wLhin the Historic Corridor.
In that the applicants were not present, Mr. Harrington explained that
the dwelling is rather new, completed approximately one year previously,
and that a row of seagrape had been planted along AlA by the developer which
had not yet reached a desireable height. The new owners, he explained,
want to replace the seagrape with a hedge and two entrance columns which
are shown on the drawing in the packet. He added that the applicants
had considered a wall but due to the fact that the dwelling is rather near
the property line, they felt the hedge would not give such a closed in
feeling and appearance. Mrs. Orthwein advised that the ARPB had recommended
approval of the request and that at their meeting, Mr. Friis had agreed
to give the seagrape to the Gulf Stream School if they wanted it.
Commissioner Stahl moved that the Vegetative Disturbance Permit be granted
as requested and recommended by the ARPB. The motion was seconded by
Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Stahl; AYE,
and Mayor Koch; AYE.
VIII. Reports
A. Town Manager
1. Water Usage
Mr. Harrington reported that water consumption was only
slightly lower in October of 1991 than it was in October, 1990. He added
that the Town has met the reduction goal for the year 1993 when computed
from the base year but believed that at the present rate, they would be
C" unable to meet the ultimate reduction goal for 1995. He mentioned that he
will be presenting a comprehensive program for reduction of water consumption
in the near future.
2. Fire Hydrant Maintenance
Town Manager Harrington advised that he had spoken to Mr.
Harvel about this matter but due to the fact that the City of Delray would
soon change the method of water treatment which will then require a complete
flusiing of the system, they had agreed to wait until that had been accomplish-
ed rather than flusing now and then having to do it a second time. The
Commission agreed with this.
Regular Meeting -Town Commission
November 15, 1991 page
3. Annexation of FIND Property
Mr. Harrington reported that he had researched the lease that
the Town held on the FIND property north of Place AuSoleil and found that
it was executed in 1985 and is a 15 year lease. He further reported that
he contacted FIND with regard to the possibility of an annexation of the
parcel to the Town of Gulf Stream and was advised that a study has been
completed of all the properties owned by FIND along the Intracoastal in
Florida and recommendations as to their future use would be available in
the near future. Mr. Harrington stated he would stay in touch with FIND
regarding annexation possibilities and keep the Commission informed.
4. Membership Renewal in the South County Council of Governments
The Town Manager advised that the membership dues for this
organization are $100.00 per year and that it is an organization for primarily
elected officials. He questioned if the Commission felt they wanted to
join again this year as it did not appear that the organization was very
active. Mayor Koch stated that it had never been a benefit to the small
communities and he felt Gulf Stream should drop the membership. Commissioner
Stahl believed the $100 would be better spent supporting the Palm Beach
County Municipal League. The Commissioners directed that the membership in
the South County Council of Governments not be renewed.
5. Boat, RV and Truck Parking & Screening
Mr. Harrington called attention to his memo in the agenda
packets explaining that the current Code provision regarding this provides
that the named vehicles could be parked at the side of the dwelling provided
they are screened from view on both sides and the rear but specifically
provides they not be screened from the front. He stated that Commissioner
Armour had requested that this be reviewed for a possible revision to
provide more restrictive provisions. Commissioner Stahl questioned how
much of a problem this is and felt that any further discussion on the matter
should be delayed until Commissioner Armour was present. He further
requested that information be gathered to demonstrate how many dwellings
have these types of vehicles parked in the yards.
6. Sunset of the Countywide Planning Council
Town Manager Harrington reviewed the correspondence from the
Municipal League and his memorandum which is a part of the agenda packets
and stated that there is a provision to sunset or eliminate the Countywide
Planning Council if a majority plus one of the municipalities in Palm Beach
County vote to do so during the month of December, 1991. He advised that
this is done by resolution which is similar to the one in the packet. He
reported that he had spoken to the executive director of the League and was
advised that it appears most of the towns.will vote to sunset the Council due
C,7to the County Commission attempting to expand their scope of authority beyond
that given them originally. Mr. Harrington added that if the agency is
disolved, there is a very strong possibility that the County Commission will
attempt to reorganize a Council with even greater power thru a referendum.
Mr. Harrington believed that at least by sunsetting the Council, the
municipalities are demonstrating their displeasure with this type of agency.
Attorney Randolph agreed with this analysis. The Commission directed Attny.
Randolph to prepare the proper Resolution to sunset the Council for the
December, 1991 agenda.
Regular Meeting -Town Commission
November 15, 1991 page
B. Town Attorney
1. Unity of Title for the Speer Property
Attorney Randolph reported that the unity of title had been
executed and that it included the amendments that the Commission had
directed. Mayor Koch noted that a sizeable sum had been expended by the
Town to cover legal fees related to this unity of title, more than $1,000,
Cand believed these should be reimbursed by the Speer's. All were in
j agreement and the staff was directed to prepare and mail the statement.
C. Financial Director
1. Financial Report for October, 1991
Mr. William Gwynn reported that the audit had been completed
and would be presented at the December, 1991 meeting. He called attention
to the financial report for October, 1991, pointing out that the figures
shown as revenue from gas tax and k4 sales tax covers two months. In addition
there are payments for garbage and health insurance that also cover a two
month period. Commissioner Stahl observed that it appears that there will
be a $60,000 surplus reflected for the fiscal year 1990 -1991 to which Mr.
Gwynn replied that it appears so, but he wanted to wait on the audit
before reporting on that. Commissioner Stahl moved and Commissioner
Wallace seconded that the financial report for October, 1991 be approved
as presented. Roll Call: Comm. Wallace; AYE, Comm. Stahl; AYE and Mayor
Koch; AYE.
D. Architectural Review and Planning Board
There was no report from the ARPB other than the fact that there
will be no meeting held in November, 1991 by the ARPB due to there being
no applications to consider.
E. Police Department
Chief Robert Schultz gave his report of police activity for the
month of October, 1991. In closing he shared a letter of praise for the
effeciency of the 911 system and the personnel responding to a 911 call
recently at the Somerset Apartments in Gulf Stream.
F. Construction in Progress
The report reflected there to be construction in progress in
October, 1991 in the total amount of $7,707,541.00.
IX. Items for Commission Action
A. Items by Commissioners
Commissioner Stahl reported that he had appeared before the Palm
Beach County Legislative Delegation requesting that they all support the
House Bill #199 designating AlA as a scenic highway thru Gulf Stream as is
being sponsored by Representative Foley.
U X. Correspondence
A. Thank You Note from Mr. Flannery
Mr. Flannery's thank you note for the gift he received from the
Commissioners was made a part of the record.
Xi. Public
There was no comment from the public.
XII. Adjournment
Mayor Koch adjourned the meeting at 10 A.M.
i
Rita L. Taylo V Town C erc
FORM 8B MEMORANDUM OF VOTING
COUNTY, MUNICIPAL, AND OTHER LOCAL
N % %1[ -1 IRST NAM[-%IIOULC NAME
Koch, William F., Jr.
®m�l►te
W
545 Golfview Drive, Palm Beach
Gulf Stream, F1.
nV I ON All t H 101E OCCURRLU
November 15, 1991
CONFLICT FOR
PUBLIC OFFICERS
OP BOARD, COUNCIL. COMMISSION, AUTHORITY, OR C'OM MITI'
Town Commission
I III: BOARD' CUUNCI I., IUMMI]9PN, AU I IIURI 11, UK (.UMMI I ILL UN
Wit Wit I SERVE IS A UNIT OF:
X CI Y C'OUN -rY I' OTHER LUCAI AGENCY
NANu III' PULIIILAI. NUUMVI5IUN.
Town of Gulf Stream
WHO MUST FILE FORM 813
X LLECI[Vt.. APPOINTIVE
I III, Itu'1n is Ibr use by any person serving at the county, city, or other local level of government on an appointed or elected board,
OU1161, commission, authority, or committee. It applies equally to members of advisory and non- advisory bodies who are presented
%% jilt 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.
'tom responsibilities under the la%% when faced with a measure in which you have a conflict of interest will vary greatly depending
011 tthether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
hctore 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
which you are abstaining from Voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
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 1'OU INTEND TO MAKE ANY Al7EMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING NI- WHICH
(FIE VOTE WILL BE TAKEN:
• lbu 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.
• :\ 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.
-
. rAr) 1
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
1 William F. Koch, Jr. , hereby disclose that on _ Nnvpmher 19, 1991 19____ I
(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:
Date Filed
, by whom I am retained.
An amendment to the original site plan for the driveway
at a dwelling under construction at 535 Banyan Road was heard.
I declared a conflict in that my RealEstate Agency
in the original sale of the property.
11 -15 -91
participated
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, REpUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TQ EXCEED $5,000.
1 1 ,R%t -n . in P6 PACK 2