Loading...
HomeMy Public PortalAbout11/13/1992PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Commission of the Town of Gulf Stream, Florida at a public hearing to be held on November 13 „ C1992 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 ORDINANCE NO. 92/9: AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 34 OF THE CODE OF ORDINANCES RELATING TO UTILITIES, AT SECTION 34 -26 SO AS TO PROVIDE AN AMENDMENT TO THE WATER RATES FOR THE OPERATION OF THE WATER DISTRIBUTION SYSTEM FOR THE TOWN; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCE 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. 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: October 9, 1992 Publish: Palm Beach Post Date of Publication: November 2, 1992 TOWN OF GULF STREAM, FLORIDA ZZ4 7;�K Rita L. Taylor, own Clerk October 26, 1992 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONERS: James E. Cross A. Curtis True, M.D. Kathleen S. Wallace SPECIAL MEETING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, AT THE CALL OF THE MAYOR, ON FRIDAY, OCTOBER 30, 1992 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. Pledge of Allegiance III. Roll Call IV. Refinancing the 1984 General Obligation Bond. V. Public VI. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS SPECIAL 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 EVIDANCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. C' SPECIAL MEETING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 30, 1992 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order Mayor Koch called the meeting to order at 9:00 A.M. II. Pledge of Allegiance The Pledge of Allegiance was led by Commissioner Armour. III. Roll Call Present and Participating: Also Present and Participating: William F. Koch, Jr Alan I. Armour James E. Cross A. Curtis True, M.D Kathleen S. Wallace E. Scott Harrington John Randolph Rita Taylor William Gwynn Charles Russell Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Town Attorney Town Clerk Finance Director Town Resident IV. Refinancing the 1984 General Obligation Bond. Town Manager Harrington reported that the committee consisting of Commissioner Armour, Charles Russell, William Gwynn and himself had met in order to consider proposals from three banks, Barnett Bank, First National in Palm Beach, and Sun Bank, for a bank loan to refinance the 1984 General Obligation Bond Issue. He advised that the proposals contained options for both fixed and variable interest rates with Sun Bank also inculding an option for a fixed - variable rate. Mr. Harrington went on to advise that after considering all the various options, the committee is recommending that the Town accept Proposal B from the Sun Bank which is the fixed variable rate beginning with 3.35% and ending with 5.5% or a weighted average interest rate of 4.26 %. Commissioner Armour reported that the committee felt it would be best to select an option that would enable the Town to know each year how much money would be required to meet the obligation in order that it could be properly budgeted. He further said Mr. Russell had asked some very pointed questions of the loan officer and some changes were made as a result. Commissioner Armour expressed his appreciation to Mr. Russell for his assistance in this matter. Mr. Russell reported that it would be a savings to the town to call the total outstanding issue at one time, in December,and that he had recomputed Cthe savings after receiving the amended proposal from Sun Bank and found % that there will be a total savings of $114,,000 at a minimum. Mayor Koch stated that this was very good news and he thanked Mr. Russell for having brought this possibility to light and for assisting on the committee that evaluated the proposals. Speaking to the matter of the Bond Counsel, Attorney Randolph stated that he generally favors the Town having it's own counsel but under these circumstances, he would have no objection to using the Bank's Counsel. Town Commission - Special Meeting October 30, 1992 page -2- Commissioner True called attention to a portion of the Town Managers memo that states "This type of negotiating is fully permissible under State Statutes and does not violate any competitive bid requirements ". He asked Attorney Randolph for confirmation of this. Attorney Randolph advised that this is an accurate statement. Commissioner Armour moved to call all of the outstanding General Obligation Bonds of the Town of Gulf Stream as soon as possible and to accept the loan commitment of the Sun Bank Proposal B; further, allow the Town Manager to negotiate any small points in the commitment that will be discussed in the final loan agreement and conduct the necessary discussion with the Bond Counsel of Sun Bank. The motion was seconded by Commissioner Wallace. There was no further discussion. Roll Call: Comm. Wallace; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; NAY, and Mayor Koch; AYE. V. Public There was no comment from the public. VI. Adjournment Mayor Koch adjourned the meeting at 9:20 A.M. 2 1 Rita L. Taylor, wn Clerk November 6, 1992 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONERS: James E. Cross A. Curtis True, M.D. Kathleen S. Wallace REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE THE TOWN OF GULF STREAM ON FRIDAY, NOVEMBER 13, 1992 COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, AGENDA I. Call to Order TOWN COMMISSION OF AT 9:00 A.M. IN THE GULF STREAM, FLORIDA. II. Pledge of Allegiance III. Roll Call IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Minutes A. Regular Meeting and Public Hearing of October 9, 1992 B. Special Meeting of October 30, 1992 VI. Announcements A. Date of December, 1992 and January 1993 meetings. VII. PUBLIC HEARING (Board of Adjustment) A. Variances 1. Albert Jackman, Agent for Mr. & Mrs. James Kennedy, 7 Driftwood Landing, Gulf Stream, Florida -TO permit two additions, a garage and a master bedroom, to the existing dwelling, both of which would have flat roofs that would exceed the maximum 10% flat roof surface area permitted. 2. Digby Bridges of Digby Bridges, Marsh and Associates, Agent for Mr. & Mrs. Alan Kahn, 2900 Gulf Stream Road, Gulf Stream, Florida -To permit construction of a swimming pool which would extend 8' into the required 25' setback. B. Special Exception 1. Request for renewal of construction trailer permit for 3223 N. Ocean Blvd. (Lepkanich) made by S. Caliendo. VIII. Land Clearing Permit A. Albert Jackman, Agent for Mr. & Mrs. James Kennedy, 7 Driftwood Landing, Gulf Stream, Florida -To permit adding fill material to increase the grade elevation adjacent to the pool patio for the purpose of enlarging the existing pool patio. IX. Site Plan Review A. Albert Jackman, Agent for Mr. & Mrs. James Kennedy, 7 Driftwood Landing, Gulf Stream, Florida -To permit the construction of two additions to the existing dwelling. B. Digby Bridges, Agent for Mr. & Mrs. Alan Kahn, 2900 Gulf Stream Road -TO permit construction of a swimming pool. X. Reports A. Town Manager 1. Bi- monthly Water Use 2. Storm Drainage Update 3. Hosting Palm Beach County Municipal League Meeting B. Town Attorney C. Finance Director 1. Finance Report for October, 1992 2. 12 Month Budget Plan D. Architectural Review and Planning Board 1. November and December, 1992 Meeting Dates E. Police Report F. Construction. in Progress in October, 1992 AGENDA CONTINUED XI. Items for Commission Action A. Clarification of ARPB File #91 -13; New Residence and Accessory Structures for Jefferson Vander Wolk, 2801 N. ocean Blvd., Gulf Stream, Florida regarding installation of a fountain in the side yard setback. B. Ordinance #92/9; Amending rates and charges related to water service. (2nd reading & adoption) C. Resolutions 1. #92 -11; A Resolution of Appreciation to Lawrence E. Stahl 2. #92 -12; A Resolution to Provide for Refinancing the 1984 General Obligation Bond. D. Items by Commissioners XII. Correspondence A. Resolution No. 62 -92 urging amendment of the "Code Enforcement Board" statute to allow substituted service on the Secretary of State for non - resident violations. -City of Lake Worth, B. Memorandum from Representative Carol Hanson RE: Gulf Stream Resolution #92 -5 supporting an effort to amend Florida's Sunshine Law to permit confidential and private meetings between elected officials and their legal advisors. XIII. Public XIV. Adjournment SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION /BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING AND 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. REGULAR MEETING AND PUBLIC HEARING HELD BY THE OF GULF STREAM ON FRIDAY, NOVEMBER 13, 1992 AT CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF I. Call to Order TOWN COMMISSION OF THE TOWN 9:00 A.M. IN THE COMMISSION STREAM, FLORIDA. Mayor Koch called the meeting to order at 9:00 A.M. II. Pledge of Allegiance Former Commissioner Larry Stahl led the Pledge from the audiance. III. Roll Call Present and Participating: Absent with Notice: Also Present and Participating: William F. Koch, Jr. Alan I. Armour James E. Cross A. Curtis True, M.D. Kathleen S. Wallace E. Scott Harrington John Randolph Rita Taylor William Gwynn Robert Schultz Joan Orthwein Michael Miller Morris Miller Lawrence E. Stahl Albert Jackman Mark Marsh Harry Kates R. Bonneau Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Town Attorney Town Clerk Finance Director Police Chief Chairman of ARPB Vice Pres. -Sun Bank Bond Counsel Past Town Commissioner Agent for Kennedy Agent for Kahn & VanderWolk Town Resident Agent of S. Caliendo IV. Additions, withdrawn., c%f'e`srals, arrangeme'nt"bf' agen`d'a` items. The Town Clerk requested that Items XI.C.1. and 2. be moved in that order to be heard as Item VI.B.1. and 2. (Resolutions) and that the matter of appointing voting delegates to the Palm Beach County Municipal League be inserted as Item XI.C. There were no objections. V. Minutes A. Regular Meeting and Public Hearing of October 9, 1992 Commissioner Armour moved to amend the minutes at Item IX.A.2., Storm Drainage Update, to reflect the survey will be-a low cost empirical one, and that they then be adopted as amended. The motion was seconded by Com -__. missioner Cross. Roll Call: Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE, B. Special Meeting of October 30, 1992 CCommissioner Armour moved and Commissioner Cross seconded that the minutes be approved as circulated. Roll Call: Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. VI. Announcements A. Date of December, 1992 and January, 1993 meetings. The Town Clerk announced that December 11, 1992 would be the date of the December meeting and January S, 1993 would be the January meeting date. B. Resolutions 1. #92 -11; A Resolution of Appreciation to Lawrence E. Stahl The Clerk read the resolution in it's entirety after Mayor Koch had asked Mr. Stahl to come forward from the audience. Mayor Koch Regular Meeting and Public Hearing Town Commission - November 13, 1992 page 2 then presented the resolution along with a handsome plaque. Mayor Koch expressed his and the Town's appreciation for time Mr. Stahl had given to serve both on the Planning Board and the Town Commission. Mr. Stahl thanked the Mayor and Commissioners and added that he had enjoyed living in Gulf Stream and serving the Town. 2. #92 -12; A Resolution to Provide for Refinancing the 1984 General Obligation Bond. Town Manager Harrington reviewed the steps that had been taken thus far in obtaining the financing from Sun Bank, adding that this re- financing would result in a savings of approximately $86,000.00. He then asked Michael Miller, Senior Vice President of Sun Bank and Morris Miller, Bond Counsel for Sun Bank thru the law firm of Boose, Casey, Ciklin, et al. to come forward and announced that they are prepared to answer any questions from the Commission or from the audiance. There were no questions. Michael Miller stated that Sun Bank is pleased to be able to do business with the Town of Gulf Stream. Commissioner Armour moved and Commissioner Cross seconded that Resolution #92 -12 be adopted, following it having been read by title by the Town Clerk. There was no comment from the public. Roll Call: Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. VII. PUBLIC HEARING (Board of Adjustment) A. Variances 1. Albert Jackman, Agent for Mr. & Mrs. James Kennedy, 7 Driftwood Landing, Gulf Stream, Florida -To permit two additions, a garage and a master bedroom, to the existing dwelling, both of which would have flat roofs that would exceed the maximum 108 flat roof surface area permitted. Joan Orthwein, Chairman of the Architectural Review and Planning Board, reported that the ARPB had recommended that the variance be approved as requested with the conditions that a row of tiles to match those on the house are placed along the edge of the paraphet walls and scuppers added, and that the exterior color of the house is changed to beigh tones. Mr. Jackman then explained that they had found it impossible to purchase tiles to match those on the house due to the existing tiles having faded over the years but would be able to paint new ones to match if there were not too many of them. He further explained that the two additions are separated by at least 40' of existing structure so the flat roof areas would not be together. He said that Mr. & Mrs. Kennedy were attempting to achieve a Southwestern style, which would match that inside the home. Commissioner Cross stated he agreed with the ARPB in that the flat roof additions would protect the architectural integrity.of the structure in this instance since non - matching tiles on peaked roofs over the additions would certainly make the additions stand out as having been added as opposed to being a part of the original construction. He then moved that the requested variance be granted as recommended by the Architectural Review and Planning Board with the conditions recommended by the ARPB. The motion was seconded by Commissioner True. There was no comment from the public. Roll Call: Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. 2. Digby Bridges of Digby Bridges, Marsh and Associates, Agent for Mr. & Mrs. Alan Kahn, 2900 Gulf Stream Road, Gulf Stream, Florida -To permit construction of a swimming pool which would extend 8' into the required 25' setback. Mayor Koch passed the gavel to Vice Mayor Armour declaring a conflict in that the real estate firm with which he is associated participated in the recent sale of this property to Mr. & Mrs. Kahn. Regular Meeting and Public Hearing Town Commission - November 13, 1992 page 3 Joan Orthwein, Chairman of the ARPB reported that it has been recommended that this variance be granted with the condition that the S' encroachment into the setback that was requested be reduced to a 6' encroachment. Mr. Mark Marsh, acting as Agent in the absence of Mr. Bridges, advised that the requested pool will be placed in the side yard but that since the side yard is adjacent to a street, as is the front yard, it is necessary that a front yard setback of 25' be applied to the side yard as well. He C) went on to say that the existing spa will be removed and the pool located in the same area. He added that if there were not a street adjacent to the side yard, the required setback would only be 15' and no variance would be necessary. Mr. Marsh called attention to the fact there is very dense hedge in place that will screen the pool and a 4' high picket fence outside of that. He did note that the gate is only 3' high but that the Kahn's plan to replace that with a gate that will be the same height as the fence. Mayor Koch stated that the minutes of the ARPB reflected that Chairman Orthwein had voted against the granting of this variance and asked her to please give her reasons to the Commission. Mrs. Orthwein stated she had no problem with the location and installation of the pool but she felt that a fence of 5' in height should be required since that is the requirement in the new county pool ordinance. Mr. Harrington explained that since there was already "open water ", being the spa, at the time the ordinance was adopted, the 4' high fence was grandfathered in this particular circumstance. Commissioner True moved that the variance be granted as recommended by the ARPB with the 6' encroachment into the side yard since it is a hardship to meet two front setbacks but with the condition that the height of the existing gate is increased to match the height of the existing fence. The motion was seconded by Commissioner Cross. There was no comment from the public. Roll Call: Comm. Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE. Vice Mayor Armour then returned the gavel to Mayor Koch. B. Special Exception 1. Request for renewal of construction trailer permit for 3223 N. Ocean Blvd. (Lepkanich) made by S. Caliendo. The Town Manager explained that the original permit was for a period of 6 months and had been extended for 6 months as is provided in the Code. He went on to explain that the one year was ended in October, 1992 and that it is now necessary to either remove the trailer or renew the permit. He recommended renewal for a 6 month period. Mr. R. Bonneau, representing Mr. Caliendo, introduced himself as an engineer that has been hired recently by Mr. Caliendo for the purpose of reorganizing Mr. Caliendo's business. He stated they expect to have the dwelling finished within the next 9 months and did not believe they would need the trailer longer than another 4 months. Mayor Koch observed that the condition of the job site had not been the best with grass, etc. growing to unacceptable heights. Mr. Bonneau advised that the grass has been cut recently and that he is assuring that the job site will be properly maintained in the future. Commissioner Armour moved that the Special Exception request to permit renewal of the construction trailer permit be granted and that the permit be for a period of 6 months beginning with the month of October, 1992. The motion was seconded by Commissioner True. Roll Call: Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. VIII. Land Clearing Permit A. Albert Jackman, Agent for Mr. & Mrs. James Kennedy, 7 Driftwood Landing, Gulf Stream, Florida -To permit adding fill material to increase the grade elevation adjacent to the pool patio for the purpose of enlarging the existing pool patio. C Regular Meeting and Public Hearing Town Commission- November 13, 1992 page 4 Town Manager Harrington explained that this application had been submitted prior to the final adoption of the new ordinance controlling the construction of decks and patios in the setback. With the provisions in the new ordinance now in place, it would not be necessary to apply for a land clearing permit under these circumstances. Commissioner Armour moved and Commissioner True seconded that the Land Clearing Permit be granted as recommended by the Architectural Review and Planning Board. Roll Call: Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. IX. Site Plan Review A. Albert Jackman, Agent for Mr. & Mro. James Kennedy, 7 Driftwood Landing, Gulf Stream, Florida -To permit the construction of two additions to the existing dwelling. Inasmuch as this had been fully discussed during the variance hearing, Com- missioner Armour moved and Commissioner True seconded that the site plan be approved with the conditions of the variance to be a part of the approval as recommended by the ARPB. Roll Call: Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. B. Digby Bridges, Agent for Mr. & Mrs. Alan Kahn, 2900 Gulf Stream Road -To permit construction of a swimming pool. Mayor Koch passed the gavel to Vice Mayor Armour, declaring a conflict in that the real estate firm with which he is associated participated in the recent sale of this property. Commissioner True moved and Commissioner Cross seconded that the site plan be approved as amended by the variance that was previously granted. Roll Call: Comm. Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE. Vice Mayor Armour returned the gavel to Mayor Koch. X. Reports A. Town Manager 1. Bi- monthly Water Use Town Manager Harrington reported that the water consumption is down only a fraction when comparing it to this time last year. He advised he hoped to move forward with the various programs the Commission had approved a few months previously, the first of which will be a letter to the consumers before the first of the year. 2. Storm Drainage Update Mr. Harrington reported that the Town's engineer had visited the problem locations during the past rains and he expects to have recommendations from them very soon. With regard to the drainage problem on County Road, Mr. Harrington requested that action be taken at this meeting due to the fact that the new house under construction cannot be completed until the runoff from the road is redirected away from that property. Mr. Harrington explained that the total cost as estimated by the engineer would be between $6,000 and $6,500. He stated the owner of the new house is willing to pay for the portion in front of his property, estimated to be $1,000. He added that the next property owner north has been reluctant to contribute a $1,000 for his property. In preliminary meetings with representatives from St. Andrews, it appears that they will agree to having some of their property used as a soaking area for the runoff, he said. Mr. Harrington stated he had contacted the County Engineer asking them to share in this cost in that property located on the east side of County Road is in their jurisdiction and are the largest contributors to the runoff,and in that Gulf Stream has never accepted the transfer of jurisdiction of County Road from the County to the Town. Regular Meeting and Public Hearing Town Commission - November 13, 1992 page 5 He went on to advise that the engineer flatly refused to share in the cost and Mr. Harrington then contacted County Commissioner McCarty. He said that she contacted the County Engineer and a different representative from that office is now reviewing the problem. Mr. Harrington stated if each of the two property owners contributed $1,000, perhaps the County and the Town could split the difference which would be $2,000 each. ( Ned Candee, one of the property owners affected, was recognized and went on record as being opposed to his contributing any funds to resolve the problem. He stated he had no problem until the new house was built and it should be the Town's responsibility to take care of the drainage on the road as that is what tax revenue is supposed to cover. He added that the new house would generate additional tax dollars over the years to come that would soon pay for the improvements. Mayor Koch, commenting that the situation must be corrected to permit the construction to continue on the new house, suggested that the improvements be made as recommended by the engineer and Palm Beach County be billed for the entire amount at which time further negotiations can take place. Comm. Armour moved that the Town Manager be authorized to contract for the improve- ment as recommended by the engineer with the bill to be sent to Palm Beach County for the entire cost upon completion. The motion was seconded by Commissioner True. Roll Call: Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. 3. Hosting Palm Beach County Municipal League Meeting. Town Manager Harrington advised that he had been contacted by the League requesting that the town host a meeting during 1993. He explained that the municipalities take turns hosting these meetings and it is customary to provide a light lunch for those attending. He stated that there are about 50 in attendance each month for the meeting. Mr. Harrington asked first if the Commission is willing to host a meeting. The Commissioners indicated they would be willing to take their turn. He next asked where it could be held since the Town Hall would not accomodate that many when food is served during the meeting. Commissioner Cross suggested that the Town Manager contact the officials at Gulf Stream School with regard to using that facility when school is not in session. Mr. Harrington advised he would do this and report back in the near future. Mark Marsh, Agent for Jefferson Vander Wolk,asked to be recognized and requested that Item XI.A. Clarification of ARPB File #91 -13 with regard to installation of a fountain in the side yard setback could be heard at this time as he has a 10 A.M. appointment scheduled elsewhere. Mayor Koch Cgranted the request. Town Manager Harrington advised that a building permit application was submitted to construct a fountain in the side setback at 2801 N. Ocean Blvd. that was not shown on the originally approved site plan. In view of the new ordinance prohibiting structures and mechanical equipment in the setback, Mr. Harrington questioned if it was the intent of the Commission to class fountains as structures. Mr. Harrington added that the ARPB recommended that fountains not be classified as structures but that they must have site plan approval. Commissioner Armour moved that fountains not be classed as structures and not be prohibited under Ordinance #92/7 but that they be required to have site plan approval, and that approval be given for the fountain requested at 2801 N. Ocean Blvd. as recommended by the ARPB. Regular Meeting and Public Hearing Town Commission - November 13, 1992 page The motion was seconded by Commissioner True. Roll Call: Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Commissioner Armour requested that the Town Manager report on the matter of establishing a policy to control obstructions placed within the rights -of -way. He reminded that this had been discussed at several meetings and was aware ( that Mr. Harrington was meeting with authorities of higher governmental agencies in an effort to determine what is legally permitted by them in the rights -of -way. Mr. Harrington advised that he had met with several, the last being representatives from Palm Beach County and from what he was hearing from them all, nothing is permitted in the right -of -way. He said that he was not willing to accept that for Gulf Stream as he believed there are types of vegetation, etc. that would be acceptable from a liability standpoint in certain locations. He believed the solution may be for the town to establish it's own set of standards but added this can only be done after a careful study has been completed to determine the degree of liability that would be attached to such standards and to further determine their acceptabil- ity. Mr. Harrington stated that he had recognized the problems of obstruction: in the rights -of -way shortly after arriving in Gulf Stream and had determined at that time that no new obstructions would be permitted until such time as a policy had been established by the Commission. He added that he agreed that pyramids and other such hard objects should not be permitted in the right -of -way but had hoped to have some alternative to offer residents before asking them to remove them. The Town Manager reminded that he is the only one who can do the necessary study,unless the Commission wanted to hire a outside consultant for the work, and has had very little time for it thus far. He added,-he will make every effort to have something for the January meeting. Harry Kates, Town Resident, said that if other agencies don't permit anything in the right -of -way, why don't we just make everyone clear everything out. Mr. Harrington and the Commissioners felt that landscaping is an important part of the charm of Gulf Stream and were reluctant to have everything cleared. Mr. Kates then asked if he could replace his rocks in the right -of -way until such a decision is'made. Town Manager Harrington stated this is not acceptable due to the fact that his obstructions had been placed recently and it is not realistic to permit a known problem to be compounded. Commissioner Armour expressed a desire to move ahead with requiring the removal of the pyramids and hard objects from the right -of -way. Commissioner True moved that the Town Manager be directed to contact the property owners who have placed hard objects in the right -of -way and advise them that the Cobjects must be removed from the right -of -way within 30 days or they will be removed by the Town. The motion was seconded by Commissioner Cross. Roll Call: Comm. Cross; AYE,.Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. B. Town Attorney There was no report from the Town Attorney C. Finance Director 1. Finance Report for October, 1992 William Gwynn, Finance Director, called attention to a transfer of $100,000 that was made from the money market account and explained that this was normal for this time of year in that revenue from the ad valorem tax will not start coming until late December. Commissioner Armour moved and Commissioner Cross seconded that the report be approved as submitted. Roll Call: Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Regular Meeting and Public Hearing Town Commission- November 13, 1992 page 7 2. Twelve Month Budget Plan Mr. Gwynn reported that he had prepared the twelve month budget plan that had been requested by Commissioner True during budget adoption. He advised that the document is included in the agenda packet and that he was prepared to answer any questions. There was no comment. D. Architectural Review and Planning Board 1. November and December, 1992 Meeting Dates C)The Town Clerk advised that there would be no November meeting as no hearing applications had been received. She further advised that the December meeting would be held on Tuesday, December 15, 1992 at 9:00 A.M. E. Police Report Chief Robert Schultz presented his report. Mayor Koch requested that Chief Schultz obtain the response times of the Delray Beach EMS Units to calls in Gulf Stream. Commissioner Armour commended Chief Schultz on his enforcement of the provisions contained in the ordinance controlling the parking of boats in Gulf Stream, citing a recent contact with a new resident in his neighborhood. F. Construction in Progress in October, 1992. The Construction in Progress Report revealed there to be $7,889,066 worth of construction in progress in October, 1992. XI. Items for Commission Action A. Clarification of ARPB File #91 -13; New Residence and Accessory Structures for Jefferson Vander Wolk, 2801 N. Ocean Blvd., Gulf Stream, Florida regarding installation of a fountain in the side yard setback. This item was addressed under the Town Manager Reports at the request of Mr. Marsh, Agent for Jefferson Vander Wolk. B. Ordinance #92/9; Amending rates and charges related to water service. (2nd reading & adoption) Town Clerk Taylor read the ordinance by title. Commissioner Armour moved and Commissioner True seconded that Ordinance #92/9 be adopted on 2nd reading. There was no public comment. Roll Call: Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. C. Resolutions 1. 92 -11;A Resolution of Appreciation to Lawrence E. Stahl 2. 92 -12;A Resolution to Provide for Refinancing the 1984 General Obligation Bond These items were considered under Items VI.B.l. & 2. and an item entitled Appointment of voting delegates to the Palm Beach County Municipal League was considered as Item XI.C. Town Manager Harrington explained that currently Mayor Koch is the voting delegate of record and he is the alternate voting member. He added that the League has changed the by -laws making it possible to have more than one voting delegate. Mr. Harrington suggested that Mayor Koch continue as the voting delegate of record and that all other members of the Commission and himself be designated as alternate voting delegates. Commissioner Armour so moved, seconded by Commissioner True. Roll Call: Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. D. Items by Commissioners There were no items by the Commissioners. Regular Meeting and PUblic Hearing Town Commission - November 13, 1992 page XII. Correspondence A. Resolution No. 62 -92 urging amendment of the "Code Enforcement Board" statute to allow substituted service on the Secretaty of State for non - resident violations -City of Lake Worth. Resolution No. 62 -92 was made a part of the official record B. Memorandum from Representative Carol Hanson RE: Gulf Stream Resolution #92-5 supporting an effort to amend Florida's Sun- shine Law to permit confidential and private meetings between elected officials and their legal advisors. Representative Hanson's letter explained that in order to implement a move- ment to change this law, it will be necessary to cite specific examples as to how the efficient administration of a governmental program is significantly impaired before an exemption is created. She questioned if the Town of Gulf Stream would be able to cite specific examples. The Com- missioners unanimously agreed that no further action be taken at this time but that the matter be closely watched and if at some future time the Town can assist, it be brought before the commission again. XIII. Public There was no comment from the public. XIV. Adjournment Mayor Koch adjourned the meeting at 10:35AM on a motion by Commis- sioner Armour which was seconded by Commissioner True with all voting in the affirmative. X23 -zz2 Rita L. Taylor, own Clerk FORM 813 MEMORANDUM OF VOTING CONFLICT 'OR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I \51 ] \ \il IIw,I NAM I 1d111171I %AMI \\ \1f UI - At "I IIUH 111. OR( UMfd 11111 KOCH, WILLIAM F., JR. Town Commission IHI III ON 'A 11101 1 SI'RVr IS A IINII M 545 Golfview Drive ac t•nN o COUNTY o o1HERI.oCAI.AUNC) c•otlnl�- ♦4UI c7F IYII Ill('Al. HIIHUIVISIO \. Gulf Stream Florida 33483 Town of Gulf Stream 11 P (1\ w II I('II \OI I U('('1'HHFI7 MI' i'Otill'IOV L5: November 13. 1992 dC ELECIIVE o API'015TIwr WHO MUST FILE FORM 8B This form i. for usc b> an} person scn in__ at the count, city, or oche: local level of government on an appointc:i o: elected hoard. council, commission. authoriy, or committee. It applies equally to members of advisor• and non - advisor bodies who are presented with a Noting conniet of interest under Section 112.3113, Florida Statutes. Your responsibilities under the la%% when faced with a measure in which coil have a conflict of interest w ill can greatly depending on whether sou hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. , INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elccti\e counts. municipal, or other local public office \LUST ABSTAIN from Noting on a mea :ury \which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure ((hick inure, to the special gain of a rnncipal lother than a government agency) by whom he it retained. In either cast 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 Nou are abstaining from Noting; and \VITHIN 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. — ',kPPOINTED OFFICERS: person holding appointive county, municipal, or other local public office MUST ABSTAIN from \oting 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 \\ riven conununi :at ion, whether made bw the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You 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. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION 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 LOCAL OFFICER'S INTEREST 1. William F. Koch, Jr. , hereby disclose that on November 13, 1992 19 (a) A measure came or will come before my agency which (check one) X mural to m% 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: by whom I am retained. A variance application to construct a swimming pool which would encroach 6' into the side yard setback was requested by Mr. & Mrs. Alan Kahn, 2900 Gulf Stream Road, Gulf Stream, Florida and was an agenda item for the Town Commission to act upon. I decalre a conflict in that the real estate firm with which I am associated participated in the recent sale of this property to Mr. & Mrs. Kahn. 11 -1.1 -9 Date Filed Signature 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, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.