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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