HomeMy Public PortalAbout01/10/1992MAYOR: William F. Koch, Jr.
COMMISSIONER: Alan I. Armour
James E. Cross
Lawrence E. Stahl
Kathleen S. Wallace
REGULAR MEETING OF THE TOWN COMMISSION OF THE TOWN OF
HELD ON FRIDAY, JANUARY 10, 1992 AT 9:00 A.M. IN THE
OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
h["010b"
I. Call to Order
II. Roll Call
January 3, 1992
GULF STREAM TO BE
COMMISSION CHAMBERS
III. Minutes of Regular Meeting of December 13, 1991
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
V. Announcements
A. February 14, 1992 regular meeting date
B. Proclamation declaring January, 1992 "National Volunteer
Blood Donor Month ".
VI. Site Plan Review
A. Raymond J. Puzzitiello of Bently Building Co., Inc. as agent
for Bruce McKinney, 3603 North Ocean Blvd., Gulf Stream,
Florida- Construction of a second story addition over a portion
of an existing single story dwelling at the address stated
herein.
VII. Reports
A. Town Manager
1. Water Usage
2. Appointment of a Town Engineer
3. Status of the Elmore Site Plan Review
B. Town Attorney
1. Status of Draft of an amendment to Boat and RV Parking
regulations.
2. Status of Draft of an amendment to the sign code.
C. Financial Director
1. Financial Report for December, 1991
2. Reply to notes and recommendations in the audit for 1990 -91.
D. Architectural Review & Planning Board
1. Date of January, 1992 meeting- January 22, 1992 (Wed.)
E. Police Department
F. Construction in Progress
VIII. Items for Commission Action
A. Items by Commissioners
IX. Correspondence
A. Resolutions Repealing Article VII (Countywide Planning Council)
of the Charter of Palm Beach County.
1. Resolution 91 -12; City of Atlantis
2. Resolution 56 -91; Town of Palm Beach
B. Letter announcing January 20 to 24, 1992 is declared The Week
of the Working Parent and extending an invitation to tour a
child care facility. -Child Care Resource & Referral, Inc.
X. Public
XI. 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 FRIDAY, JANUARY
10, 1992 AT 9:00 A.M. IN THE GULF STREAM TOWN HALL, 100 SEA ROAD, GULF
STREAM, FLORIDA.
Pledge of allegiance was led by Commissioner Armour.
E
II.
Call to Order Mayor Koch called the meeting to order at 9:00 A.M.
Roll Call
Present: William F. Koch, Jr
Alan I. Armour
James E. Cross
Lawrence E. Stahl
Kathleen S. Wallace
Also
Participating:
E. Scott Harrington
John Randolph
Rita Taylor
William Gwynn
Robert Schultz
Joan Orthwein
Raymond Puzzitiello
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Attorney
Town Clerk
Finance Director
Police Chief
Chairman of A.R.P.B.
Agent for B. McKinney
III. Minutes of Regular Meeting of December 13, 1991
Commissioner Armour moved to approve the minutes as circulated,
seconded by Commissioner Cross. All voted AYE.
IV. Additions, withdrawals, deferrals, arrangement of agenda items
The Town Manager requested that iters VII.A.4, relating to a
public nuisance matter, and VII.A.5, in reference to abolishment of the
Countywide Planning Council, be added. There were no objections.
V. Announcements
A. February 14,
for the February meeting
13, 1992 was confirmed a
B. Proclamation
Blood Donor Month made a
of Mayor Koch.
1992 was confirmed as the regular meeting date
and at the request of the Town Manager, March
a the regular meeting date for March.
declaring January, 1992 as "National Volunteer
part of the official record with the signature
VI. Site Plan Review
A. Raymond J. Puzzitiello of Bently Building Co., Inc. as agent
for Bruce McKinney, 3603 North Ocean Blvd., Gulf Stream,
Florida- Construction of a second story addition over a portion
O of an existing single story dwelling at the address stated
herein.
Mayor Koch passed the gavel to Vice Mayor Armour declaring a conflict of
interest in this matter in that his firm had participated in the original
sale of the property involved.
Joan Orthwein, Chairman of the Architectural Review and Planning Board
reported that the Board had recommended that the site plan be approved
as presented.
Regular Meeting -Town Commission
January 10, 1992 page 2
Mr. Puzzitiello of Bently Building Co., Inc., representing Mr. Bruce
McKinney displayed an elevation drawing showing the proposed addition
of a second story over the southwest portion of the existing dwelling.
He explained that the addition would be the same color and material
as the existing structure and would contain a bedroom, bathroom and
closet.
After determining that there had been no objections received from the
public with regard to the addition, Commissioner Stahl moved that the site
plan be approved as requested, seconded by Commissioner Wallace. Roll Call:
Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Stahl; AYE, and Vice Mayor
Armour; AYE. Vice Mayor Armour then returned the gavel to Mayor Koch.
VII. Reports
A. Town Manager
1. Water Usage
Town Manager Harrington reported that usage is down as
compared to the same time last year and that in fact the year to date
total is lower as compared to that of last year. He advised that he would
have the water conservation plan for consideration at the next meeting.
2. Appointment of a Town Engineer
Mr. Harrington called attention to the material in the
agenda packets introducing the firm of Shalloway, Foy, Raymond & Newell
who will serve as Town Engineers at a fee of $100 per month, guaranteeing
3 hours of work monthly. Commissioner Armour asked that it be a matter of
record that contacts with the engineers shall be by Mr. Harrington in
order that the three hours alloted be utilized to the Town's benefit and
not by a private project. All commissioners agreed to this and Mr. Harrington
stated he will advise Mr. Shalloway that they are not to take outside
calls.
3. Status of the Elmore Site Plan Review
Town Manager Harrington reported that Mr. Elmore had been
away for the holidays and Mr. Schwab had not heard from him. He further
advised that he had offered to make himself available to assist in meetings
between Mr. Elmore and the objecting neighbors. Commissioner Stahl stated
he thought it would be fine for the Town Manager to be available to
explain what the Town permits and /or requires but cautioned that he should
not try to mediate in this matter, citing that deed restrictions appear
to be at issue which are not enforceable by the Town.
4. Public Nuisance at 2423 N. Ocean Blvd.
Mr. Harrington reported that he had received complaints
that the swimming pool at 2423 N. Ocean Blvd. was not being maintained and
a serious mosquito problem had developed. He further reported that this
Ccomplaint is valid and he had been unable to contact the owner Mr. Nickerson.
However, Mr. Harrington stated he had contacted the realtor who has the
property listed for sale,and the mortgage company as well,and had been told
by both that they would not be in a position to expend funds to correct
the violation. Mr. Harrington advised he had sent certified notice to Mr.
Nickerson that his property had been declared a public nuisance and set
a deadline of 15 days for him to correct the violation, but does not expect
that there will be any action from the owner. He went on to explain that
in the event the violation continues, he would need approval from the
Commission to spend town funds and attempt to recover thru lien provisions
which are a little weak in the Gulf Stream Code. Attorney Randolph agreed
that the lien provisions should be cleaned up. Mr. Harrington asked if it
would be feasible to establish a Code Enforcement Board. Mr. Randolph
Regular Meeting -Town Commission
January 10, 1992 page 3
replied that it could be done and then explained the composition and
authority of the Board. He added that it would still be necessary to
amend the current lien provisions. He suggested that he furnish an
example of an ordinance establishing a Code Enforcement Board for the
Commissioners to review during which time he would be working on the
lien provisions. The Commission was. receptive to this suggestion and
directed that it be carried out. Commissioner Stahl then moved that the
Town Manager be authorized to spend town funds to abate the nuisance at
2423 N. Ocean Blvd. if the owner fails to do so, and to follow lien
provisions if the owner fails to reimburse the town for the expenditures.
The motion was seconded by Commissioner Cross. Roll Call: Comm. Wallace;
AYE, Comm. Armour; AYE, Comm. Cross; AYE, Comm. Stahl; AYE, and Mayor
Koch; AYE.
5. County Commission Control of Countywide Planning.
Town Manager Harrington reported that he attended the Public
Hearing at which the Ordinance to place a referendum on the March ballot
which would give the County Commission planning authority throughout the
entire county was being considered. He stated he spoke against the
referendum and the delegation to the County Commission of control of planning
within municipalities, as did all other municipal representatives that were
present. He advised this was to no avail with the only two county commis-
sioners opposing the referendum being Commissioner McCarty and Commissioner
Foster. He stated that the Municipal League will be organizing a movement
to defeat the referendum and will be asking the municipalities for assistance.
Mayor Koch and all Commissioners agreed that they would support such a
movement and would ask residents to join in.
B. Town Attorney
1. Status of Draft of an amendment to Boat and RV Parking
Regulations
2. Status of Draft of an amendment to sign code.
Attorney Randolph advised that he would have drafts
prepared for review at the next commission meeting.
C. Financial Director
1. Financial Report for December, 1991.
Mr. Gwynn reported that everything is on track at this
point and it appears that the cash projection is favorable. Commissioner
Armour moved and Commissioner Stahl seconded that the financial report be
approved as presented. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE,
Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE.
2.. Reply to notes and recommendations in the audit for 1990 -91.
Mr. Gwynn distributed copies of a letter he had prepared
in reply to the two recommendations made by the Auditors. The letter
advised that the Town has implemented a policy to identify accounts over
30 days old and any uncollectible account will be reviewed for possible
legal action before being written off. in addition, the total account of
receivables over 60 days old has been substantially reduced.
With regard to unremitted pension contributions, Mr. Gwynn advised in the
letter that they are scheduled for distribution within 60 days.
Commissioner Armour moved that the letter be accepted, seconded by
Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE,
Comm. Armour; AYE, Comm. Stahl; AYE, and Mayor Koch; AYE.
Regular Meeting -Town Commission
January 10, 1992 page 4
D. Architectural Review & Planning Board
1. Date of January, 1992 meeting.
Mrs. Orthwein, Chairman of the Board, reported that the
January meeting will be held at 9:00 A.M. on January 22, 1992. She further
reported that at the December meeting, it had been a recommendation of
the Board that a policy be established to notify the adjacent property
owners of any scheduled site plan reviews. She stated that while the
property owners within 300' are notified of a variance hearing, the Board
did not feel it necessary to go beyond the adjacent owners where only a
site plan approval is being sought. The Commission directed the Town
Manager to draft a policy to fit the recommendation for their consideration
at the February meeting.
E. Police Department
Chief Schultz presented his monthly report and in addition
reported that with the end of 1991, he had prepared a comparison of
criminal activity to the year 1990. He stated that criminal cases reported
were down by 31% and burglaries recorded were reduced 66% in 1991 as
compared to 1990. The Mayor and Commissioners commended Chief Schultz
and his department in this regard.
F. Construction in Progress
The construction in progress report revealed there to be a total
of $7,410,454 of work in progress which has brought in revenue in the
amount of $12,909.47.
VIII. Items for Commission Action
A. Items by Commissioners
Commissioner Stahl questioned the status of the Codification
of the Ordinances and was advised that the staff had held a conference
with Municipal Code and had received the proposed index for the Code and
that the proofs were expected in March with the publication expected in
September, 1992, or possibly a little sooner.
IX. Correspondence
A. Resolutions Repealing Article VII (Countywide Planning Council)
of the Charter of Palm Beach County.
1. Resolution 91 -12; City of Atlantis
2. Resolution 56 -91; Town of Palm Beach
B. Letter announcing January 20 to 24, 1992 is declared The Week
of the Working Parent and extending an invitation to tour a
child care facility. -Child Care Resource & Referral, Inc.
All of the items listed under Correspondence were made a part of the record.
Commissioner Wallace called attention to a letter that was sent to the
Commissioners by Dean Hill, 2929 N. Ocean Blvd. in Gulf Stream. She asked
Mr. Harrington to review the content. Mr. Harrington advised that Florida
Power and Light are offering an "On Call" program whereby the resident
agrees to permit certain appliances to be cut off from electric power for
brief periods during peak use times in an exchange for a reduction in the
maximum amount of $161 per year. He went on to advise that it is necessary
that an electrician make a minor installation at the residence which is
paid for by Florida Power & Light. He stated that there is a permit fee
associated with this to cover the inspection and Mr. Hill is pointing out
that the fee for this in Gulf Stream is much higher than in other communities
due to the County performing the inspections at $30.00 and Gulf Stream
charging an additional $50.00 which is the minimum permit fee.
Regular Meeting -Town Commission
January 10, 1992
page 5
Mr. Hill is requesting that the Town waive the Gulf Stream Fee of $50.00
for this type of installation.
Members of the Commission expressed concern at exempting certain work
from permit fees in that the work is being performed by sub contractors
not F.P. & L. They directed the Town Manager to review the matter and
make a recommendation with regard to Mr. Hill's request.
X. Public
There was no comment from the Public.
XI. Adjournment
Commissioner Armour moved to adjourn, seconded by Commissioner
Wallace, and all voted AYE. Mayor Koch adjourned the meeting at 9:50 A.M.
i
� Bbl
Rita L. Taylor Town Clerk
COUNTY, MUNICIPA.
I �A ML -19145T NAME- MIUULL NAME
Koch, William F., Jr.
AND OTHER LOCAL. PUBLIC OFFICERS
NAME OF ROAR2 COUNCIL- COMMISSION. AUTHORITY. OR COMMITTI
I411 Ill, \DURESS 1
545 Golfview Drive, Palm Beach
M
Gulf Stream, Fl.
COUN I'\'
Town Commission
THE HOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
X CITY- COUNTY i ! OTHER LOCAL AGENCY
NAME
Town of Gulf Stream
X ELECTIVE APPOIN'I'IVf
1
WHO MUST FILE FORM BB
I hl, loan is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
uuncil. commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented
\\ 11 h 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.
lOutr responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
w1 \\ hether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
betore 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
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.
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 IS 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 partiFipate in a matter in which he has a conflict of interest, but must
;sclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
.wade 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:
• 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.
• 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.
lilr t 1
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE ATTHE MEETING:
• You should disclose orally the nature of your, conflict in the measure before participating. _
• You should complete the form and file it within
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.
January 10 1
hereby disclose that on,
99— ,19 i
(a) A measure came or will come be. fore my agency which (check one
x inured to my special private gain; or ' by whgm I am retained.
_ inured to the special gain of
(b) The measure before my agency and the nature of my interest in the measure is as follows:
An application for a site plan review to consider approval
of an addition to the dwelling at 3603 N.. Ocean Blvd.
which is owned by Bruce McKinney was considered.
The real estate firm
in the original sale
1 -10 -92
Date Filed
with which I am associated participated
of the property.
Signature
N
NOTICE: UNDER PROVISIONS OF FLORIDA.STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRE
NSTITUTES MFEAOCHMENTO REMOVAL OR FOR AND M
FR MAOFFICE OR EMPLOYMENT, DEMOTION, REDUCTION I
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TIP EXCEED 55;000-
__ P
r I nR %i Pn . In.m
C
PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Commission, sitting as the Board of
Adjustment, will hold a Public Hearing on Friday, February 14, 1992 at
9:00 A.M. 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 Digby Bridges, Marsh and
Associates, Agent for The Little Club, Inc., 100 Little
Club Road, Gulf Stream, Florida 33483,requesting a variance
from the provisions of
Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE
ZONING ORDINANCE, Section IX; "OR" OUTDOOR
RECREATIONAL DISTRICT, Sub Section I; Side Yard
Required, Paragraph 1
and
Ordinance 83 -1; ZONING, Part II; COMPREHENSIVE
ZONING ORDINANCE, Section XI; NON - CONFORMING USES;
Sub Section A, Paragraph 4.; Extensions
to permit the construction of an addition, which will contain a cooler
and a freezer, to the existing non - conforming structure, said addition
to extend fifteen (15) feet into the required twenty five (25) foot
side yard setback, at the north west corner of the building known as The
Little Club located at the address aforementioned which is legally
described as a parcel of land in Section 3, Township 46 South, Range
43 East and Section 34, Township 45 South, Range 43 East more particularly
described in metes and bounds on file in the office of the Town Clerk and
available for public review.
ALL PERSONS INTERESTED in this matter may appear before the Town Commission,
sitting as the Board of Adjustment, 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 TOWN
COMMISSION, SITTING AS THE BOARD OF ADJUSTMENT, WITH RESPECT TO ANY MATTER
CONSIDERED ATTHIS 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: December 26, 1991 TOWN OF GULF STREAM, FLORIDA
Publish: Palm Beach Post
lst Publication: January 30, 1992 2 v
2nd Publication: February 9, 1992 Rita L. Taylor, Town Clerk
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.
JS�
rJ
0 �
to r-
L9_9
C0
<jr
U
E
m
a
w
c
y
n
c
m
m'
Ir
a
a
l7
N
s= m � m mmCtl
m ❑' o n' �
m e •, p ❑ d m c
w .• ttl R c
rr N
�G
C C R 0
m °c m c m
^•� 'O n O n m
s3c�n.m7r
a a o 0 y 5 c m
C < w m 7
m a
� 'd
m m w = m
m o� B n:
on ts
�Q CL R S n• w
m o
m n O O r n
R R � •1 n O. a' n'I
o a n m m a
£ c
tD m G m O'
c S m o
R't m b
a m m c
o a
j c o CL o- mm
O'• C R 7'
oc c r m
❑ �•
m CL
w m m
S n <
7 mS
CL m
S
n
c
m
a
p
C
a
4<'
7
W ti
0
w
N C
Q
fi
as
n n.
ts
�D m
m
a.
r
m
a
A
n
7
7
a
C
S
C
a
y
C
7
M
ro
m
3 ro b
�c a
S
CL y
ro IG�1
wmG
B
m m
7
n n.
Oc`
a ym
m9rD
ost
N Fr•
d
S
O
y
?
R
O
R
S
c
m
m C
CO
O
•p
O
ro
C
z a
c
D
F'
r <
rt m
N• `��'
c
a
W
n
n =.
m
y
w
N m
7
A
t<
R
~
Fi
P.
7
m
m
a
N m
�
m
h
�
y h
m
A N
m
�
� r
CJ
7,
ro
r
7
a
C
S
C
a
y
C
7
M
ro
m
3 ro b
�c a
S
CL y
ro IG�1
wmG
B
m m
7
n n.
Oc`
a ym
m9rD
ost
N Fr•