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.