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HomeMy Public PortalAbout04/08/1994April 1, 1994 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross A. Curtis True Kathleen S. Wallace REGULAR MEETING & PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, APRIL S, 1994 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. Minutes of the Regular Meeting of March 11, 1994. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meeting May 13, 1994 at 9:00 A.M. B. Regular Meeting June 10, 1994 at 9:00 A.M. VII. Applications for Development Approval. A. Conrad DeSantis, DeSantis, Gaskill & Hunston, P.A. as agent for the Gulf Stream School Foundation, 3600 Gulf Stream Road. 1. SITE PLAN REVIISION to comply with conditions of variances previously approved by the Town under File #93 -1 for the addition of a multi -use building at the above address. 2. ABANDONMENT of northerly 25' of Oleander Way. B. James C. Perry, Architect as agent for Gerry Lepkanich, 3223 N. Ocean Blvd. 1. '.VARIANCE (public hearing) request to permit the construction R-5 tennis court which would extend 5.25' into the required south side yard setback at the location stated above. 2. 'SITE PLAN REVISION to permit the addition of an exterior stair on the south side of the structure under construction at the address stated above. C. Daniel H. Carter, Landscape Architect as agent for Mr. & Mrs. Robert Dockerty, 3000 N. Ocean Blvd. 1. AlA VEGETATIVE DISTURBANCE PERMIT to permit removal, re- placement and addition of landscaping materials, and the relocation of portions of existing driveway within the AlA Historic Corridor at the address stated above. VIII. Reports. A. Town Manager 1. Phase II Tree Trimming 2. Update on Status of Various Ordinances a. Home Occupations b. ARPB Meeting Dates C. Parking in Yards 3. Update on Pine Tree Legislation 4. Water Line Crossing in Intracoastal Waterway 5. Update on Bordeman Property Maintenance B. Town Attorney C. Finance Director 1. Financial Report for March, 1994. D. Architectural Review and Planning Board E. Police Report for March, 1994 F. Construction in Progress in March, 1994. April 1, 1994 AGENDA CONTINUED IX. Items for Commission Action. A. Resolution #94 -4 requesting the Clinton administration to reexamine its criteria for eligibility for political refugee status, requesting the Federal Government to develop effective interdiction & deportation plans and to provide funding to eliminate the burden on the communities of South Florida. B. Select a date for a special meeting to choose a design consultant C. Items by Commissioners. X. Correspondence. A. Resolution # R -06 -94 objecting to the Governor's proposed budget reduction in Dept. of Agriculture & Consumer Services within the Div. of Forestry which would eliminate all Urban Foresters statewide. -Town of Lantana B. Resolutions from the City of Lake Worth 1. #30 -94 opposing House Bill 405 regarding retail electric territorial service areas. 2. #16 -94 supporting legislation that seeks to remedy the shortcomings of the current juvenile justice system. C. Resolution #60 -94 requesting that the Clinton Administration & Congress pass meaningful legislation to end the practice of unfunded mandates. -City of West Palm Beach XI. Public. XII. 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 HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, APRIL 8, 1994,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. Pledge of Allegiance was led by Commissioner Wallace. III. Roll Call. Present and Participating: Absent with Notice: Also Present and Participating: William F. Koch, Jr A. Curtis True Kathleen S. Wallace Alan I. Armour James E.• Cross E. Scott Harrington John Randolph Rita Taylor Robert Schultz William Gwynn Jerry David Conrad DeSantis Susan Ridgley James Orthwein Mr. Pfeifler Mr. Finley James Perry Mitchell Kirschner Joan Orthwein Mayor Commissioner Commissioner Vice Mayor Commissioner Town Manager Town Attorney Town Clerk Police Chief Finance Director Engineer - Shalloway,etc. Attny. G.S. School Pres. G.S. School Found. Vice Pres. School Found. Town Resident Town Resident Agent - Lepkanich Attny. - Lepkanich Chairman -ARPB IV. Minutes of the Regular Meeting of March 11, 1994. Commissioner Wallace moved and Commissioner True seconded that the minutes be approved as circulated. Roll Call: Comm. Wallace; AYE, Comm. True; AYE, and Mayor Koch; AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Mayor Koch advised that there are engineers present to speak on the matter of the water line crossing under the Intracoastal Waterway which is listed as item VIII.A.4. on the agenda. He suggested that this be heard following the announcements. There were no objections. VI. Announcements. The Town Clerk announced that there would be a regular meeting V.) held on May 13, 1994,at 9:00 A.M. and on June 10, 1994,at 9:00 A.M. VIII.A.4. In keeping with the suggestion of Mayor Koch, Jerry David of Shalloway, Foy, Rayman & Newell, Inc. was recognized. He reported that in conjunction with representatives from the Ductile Iron Pipe Research Association, an inspection of the water line crossing under the Intra- coastal Waterway had been conducted. He stated that the soil surrounding the pipe on the west side of the waterway is very corrosive and that the bolts at the joints are in very poor condition. Mr. David reported that there had been a recent break in the line on the west side of the water- way due to the poor condition of the pipe, and more can be expected. He stated that in order to determine the condition of the pipe that is Regular Meeting & Public Hearing Town Commission -April 8, 1994 page 2 buried under the waterway, more extensive testing would be needed. He further stated that with the mechanical joints on the west side being in such poor condition, it is reasonable to assume the mechanical joints in the water are equally as bad. Mr. David stated that at this time it is unknown as to how far into the water the mechanical joints continue or where the subaqueous joints begin, the condition of which is also Cunknown. Mr. David said that the existing 40 year old pipe located on the ' land could be replaced with new Ductile Iron Pipe with a 6 mil polyethylene covering to protect it from the corrosive soils and that the mechanical joints that are accessible and located in the water can be repaird by installing a split gland over each joint. He added that the joint repair scenario is not applicable to joints located in the middle of the Intra- coastal. Mr. David believed it would be impractical to try to repair either pipes or joints located in the Intracoastal because of the costs involved as compared to costs for installing a new system in the Intra- coastal. Mayor Koch stated he would like to meet with the engineers after the Town has inquired from others along the Intracoastal as to the conditions surrounding their installations and the age of same. Mayor Koch believed that further testing should be done. Town Manager Harrington reminded that testing can be very expensive and perhaps this should be weighed against the benefits that would be gained when we already know that this is an old line. Commissioner True agreed with this. Mr. Harrington suggested that while he is in the process of contacting other municipalities regarding their crossings, he also obtain some estimates of cost for further testing and bring these back to the Commission for review. This was so directed. Mayor Koch returned to the order of the agenda at this point. VII. Applications for Development Approval. A. Conrad DeSantis, DeSantis, Gaskill & Hunston, P.A. as agent for the Gulf Stream School Foundation, 3600 Gulf Stream Road. 1. SITE PLAN REVISION to comply with conditions of variances previously approved by the Town under File #93 -1 for the addition of a multi -use building at the above address. Susan Ridgley, President of the Gulf Stream School Foundation, reminded that variances had been previously granted to permit construction of a "field house" addition to the Gulf Stream School but with certain conditions attached. She advised that those conditions have been addressed with the assistance of architects and engineers and that they are here to seek approval of the site plan revision incorporating changes to comply with the conditions. She pointed out that with the proposed Developers Agreement, it would be possible to project into the future. She then introduced Mr. James Orthwein, Vice President of the Foundation. Mr. Orthwein began by expressing his appreciation to Mr. Harrington for his cooperation through the process and then displayed a rendering of the proposed field house. Mayor Koch directed that questions from the members of the Commission be heard at this time. Regular Meeting & PUblic Hearing Town Commission -April 8, 1994 page 3 Commissioner True stated that he did not remember "envelopes" that are mentioned in the Developers Agreement being previously discussed. Mr. Orthwein stated that the subject had been discussed in connection with placing caps on future expansion and activities of the school. In explaining the envelopes, Mr. Orthwein advised that Envelope #1 consists of all buildings that are connected by walkways plus the proposed addition ^ of the fieldhouse. He stated that the line is drawn around the outside �} of the cluster so that the envelope extends no closer to the property lines than what now exists. Envelope lA is an option to Envelope 1 that would allow for two story construction which would include part of.the maximum additional square footage as is provided in Envelope 1. Envelopes 2, 3, and 4 encompass each of the three cottages. As with the school itself, the envelopes would not permit construction any closer to the property line than the existing buildings presently are. Commissioner True noted that the proposed envelopes provide for development of one third greater than currently exists. Mr. Orthwein explained that the one third is the amount that is now in covered walkways. By creating the envelope it would permit building construction over the entire area that is now shared by buildingsand covered walkways. Commissioner True stated that the parking analysis shows that all traffic will still enter off Gulf Stream Road. He questioned how this will help the back -up of traffic that now exists. Commissioner Wallace believes that the matter of traffic congestion has not been properly addressed as there should not be a back -up of traffic. She suggested that the spaces provided for other than parents on the west side of the building be also dedicated to parent parking in order to move more cars off the street during periods of traffic congestion. Once again referring to the Developers Agreement, Commissioner True believed that use of the school should be kept for school related events only, not expanded for community events. Commissioner Wallace shared this concern and offered the following to regulate activities: 1) The school may not collect a rent (cash or otherwise) from the individual or organization conducting the event. 2) No individual or organization, other than the school, may charge admission to an event or activity; however, organizations may collect dues. 3) No individual or organization shall receive compensation for conducting an activity or event unless the compensation is received directly from the school. 4) Events or activities conducted past the hour of 6:00 P.M. on weekdays or at any time on weekends or holidays shall be limited to a total twelve (12) per calendar year. There shall be no limit on those ending before 6:00 P.M. provided they are not conducted on a weekend or holiday. 5) All events hall be concluded prior to 10:00 P.M. Commissioner Wallace was not in favor of having the cottages on the school property included in the envelopes as she believed that would encourage redevelopment of them as opposed to preserving them. Commis- sioner Wallace further did not wish to approve any envelopes until such time as the impact of the proposed site improvements has been evaluated. She also was not comfortable with binding future commissioners by granting variances in advance through the approval of the envelopes. Regular Meeting & Public Hearing Town Commission -April 8, 1994 page 4 Mayor Koch noted that this appears to permit an increase in the number of students by approximately one third. Mr. Orthwein advised that the number is 250 maximum and has always been 250, including full time /seasonal. Attorney DeSantis pointed out that the school is in a district zoned residential and that the zoning code provides setbacks, etc. for residential construction only, making the school non - conforming. Inasmuch as there are no provisions for setbacks, etc. in the code for schools, the envelope concept would compensate, he said. Brian Pfeifler, a town resident, suggested that the envelope concept establishes a conforming use for the school. Attorney Randolph stated that the school remains non - conforming but through a developers agreement, variances are being granted as long as the conditions are met. Mr. Finley, a town resident questioned what the percentage of students in the school are residents of the Town and was advised that about 20% are residents. He asked that this be a matter of record. He then asked how much had been set aside for the sewage connection and was told that the figure is between $15,000 and $20,000. Mayor Koch asked that the Town Manager list the concerns and amendments expressed by the Commission with regard to the proposed Developers Agreement. These are: 1) Teacher parking to be restricted to the east side of the building with all parking in front of the school to be reserved for parents. 2) Events and activities shall be restricted as follows: a. The school may not collect a rent (cash or otherwise) from the individual or organization conducting the event. b. No individual or organization, other than the school, may charge admission to an event or activity; however, organizations may collect dues. c. No individual or organization shall receive compensation for conducting an activity or event unless the compensation is received directly from the school. d. Events or activities conducted past the hour of 6:00 P.M. on weekdays or at any time on weekends or holidays shall be limited to a total of twelve (12) per calendar year. There shall be no limit on those ending before 6:00 P.M. provided they are not conducted on a weekend or holiday. e. All events shall be concluded prior to 10:00 P.M. 3) "Student" shall be defined to include seasonal and full time students. 4) The Town Hall Parking Lot shall not be used during business hours for overflow parking from the school. 5) Envelopes #2, #3, and #4 shall be removed. 6) Within Envelope #1, the size -' of additions permitted shall be reduced and /or one foot of existing covered walkway shall be removed for every one foot of additional building that is approved. 7) Include language to assure continued maintenance of the landscaping. 8) By January 1, 1998, application shall be made for all building permits necessary to construct all of the "site improvements ". By January 1, 1999, all site improvements shall be completed. By January 1, 2000 applications for building permits to construct the field house and /or remodel auditorium shall be made. Should a building permit application not be submitted for the field house and /or auditorium renovations by Janaury 1, 2000, the site plan approval for these improvements shall expire; however,the envelope lines enclosing these improvements shall remain. 9) Paragraph I. relating to substantial destruction shall be removed from the Agreement. Regular Meeting & Public Hearing Town Commission -April 8, 1994 page 5 Mayor Koch called a 10 minute recess at 11:10 A.M. and then reconvened at 11:20 A.M. Citing the number of concerns with the Developers Agreement, Commissioner True moved and Commissioner Wallace seconded that action on the Site Plan Revision be deferred to a Special Meeting of the Town Commission / to be held on Tuesday, April 26, 1994,at 9:00 A.M in the Commission Chambers of the Town Hall. Roll Call: Comm. Wallace; AYE, Comm. True; AYE, and Mayor Koch; AYE. 2. ABANDONMENT of northerly 25' of Oleander Way. Commissioner Wallace moved that this matter be deferred to the Special Meeting of the Town Commission to be held on Tuesday, April 26, 1994,at 9:00 A.M. in the Commission Chambersof the Town Hall. The motion was seconded by Commissioner True. Roll Call: Comm. Wallace; AYE, Comm. True; AYE, and Mayor Koch; AYE. B. James C. Perry, Architect as agent for Gerry Lepkanich, 3223 N. Ocean Blvd. 1. VARIANCE (public hearing) request to permit the construction of a tennis court which would extend 5.25' into the required south side yard setback at the location stated above. Mr. James Perry, agent for Mr. & Mrs. Lepkanich, explained piles had been driven for the retaining wall on the south side of the tennis court that were 5.25' south of the approved location. He went on to explain that not only were they placed incorrectly, but that Mr. Lepkanich had a sealed survey showing them to be in the location that had been approved. He said that this error was discovered by Mr. Lepkanich after he had dis- charged the contractor and assumed the responsibility of the project. Joan Orthwein, Chairman of the Architectrual Review & Planning Board, explained that the ARPB had found it necessary to first define a tennis court before taking action with regard to a variance. She explained further that the site plan that had been previously approved showed the retaining wall on the south to be the southern extremity of the tennis court and was out of the setback. With the piles being in the wrong place, the retaining wall is now 5.25' inside the setback, she said. Mrs. Orthwein added that there is no prohibition in the code regarding placing a retaining wall in the setback. In view of that, it necessary to decide if a tennis court definition would be 1) Only that area between the lines. 2) That area between the lines plus some additional area outside of the lines. 3) All of the area within the wall /fence enclosure. She advised that Mr. Lepkanich was agreeable to moving the lines to the north and making the area of.play smaller if it were to be determined that the definition of a tennis court is the area of play. Chairman Orthwein .reported that the ARPB voted to recommend that a tennis court be defined as the area of play and that a site plan revision be approved,provided the white lines of the court are moved 6' to the north and a 3' high fence erected to divide the court from the 6' patio area adjacent to the south retaining wall, thus eliminating the need for a variance. Commissioner Wallace pointed out that considerable time was spent, and many compromises made, in order to be able to give site plan approval to this project originally. She could see no reason to deviate from the original site plan; adding that if mistakes were made in trying to follow the plan, it is a problem to be resolved between the owner and the contractor, and not up to the Town to solve their problems for them. Regular Meeting & Public Hearing Town Commission -April S, 1994 page 6 Commissioner True moved that approval be denied, seconded by Commissioner Wallace. During discussion, additional consideration was given to the definition of a tennis court. Commissioner True then withdrew his motion and Commissioner Wallace withdrew her second. Commissioner Wallace then moved that this matter be continued to the next regular meeting and Commis- sioner True seconded the motion. Attorney Kirschner, representing Mr. & Mrs. Lepkanich,urged that a decision be made at this time. Roll Call: Comm. Wallace; AYE, Comm. True; AYE, and Mayor Koch; AYE. 2. SITE PLAN REVISION to permit the addition of an exterior stair on the south side of the structure under construction at the address stated above. Joan Orthwein, Chairman of the Architectural Review and Planning Board, reported that the ARPB voted 3 to 2 to recommend that the site plan revision to permit the outside stair be granted provided that a) kitchen facilities not be added to the guest suite, b) the guest suite not be rented and, c) the owner not seek other approvals from the Board until a time period of at least one year has elapsed from the date the certificate of occupancy on the house is issued. Mr. Perry presented the design of the proposed outside stair and explained that there are two bedrooms and two bathrooms on the second floor to which there is no access. He stated that they will be used as guest rooms for visiting family members and it has always been intended that the rooms have access from the outside of the house. He further stated that the approved plans showed an inside staircase and that Mr. Lepkanich had pointed this out to the contractor, only to be told by him that the change to the outside would be made at a later time. Mr. Perry, who was not involved with the project until Mr. Lepkanich assumed responsibility, reported that a previous design for an outside stair had been submitted and at that time the ARPB had felt the design of the stair was not in keeping with the style of the structure, suggesting that the architect return with a more fitting design. At that time, the applicant withdrew the request, and then subsequently filed an application to add an outside stair and two additional rooms on the second floor. This was denied, he said. Mr. Perry-stated that he had designed the outside stair to fit the architectural style of the structure and pointed out how it becomes a part of the building with no appearance of having been added as an after thought. Town Clerk Taylor read two objections to the project, one from Weddell Hancock and one from Mrs. Robert Dixson. Commissioner Wallace moved that the revised site plan not be approved due to it not being in keeping with the general harmony and appearance of the C!Town. The motion was seconded by Commissioner True. Roll Call: Comm. Wallace; AYE, Comm. True; AYE, and Mayor Koch; NAY. C. Daniel H. Carter, Landscape Architect as agent for Mr. & Mrs. Robert Dockerty, 3000 N. Ocean Blvd. 1. AlA VEGETATIVE DISTURBANCE PERMIT to permit removal, re- placement and addition of landscaping materials, and the relocation of portions of existing driveway within the AlA Historic Corridor at the address stated above. Regular Meeting & Public Hearing Town Commission -April 8, 1994 page 7 Inasmuch as there was no one present to represent the applicant, Mr. Harrington explained the nature of the request. In addition, Mr. Harrington advised that one of the neighbors, Mrs. Fogarty, had visited the town hall on Thursday to express some concern to the relocation of the drive- way. The Town Manager stated that Mrs. Fogarty understood that there was to be a guest house constructed on the back of the lot and that the driveway would extend farther than what is shown at this time in order to access the new building. He went on to explain that the Dockerty's plan to make application for a site plan review for approval to construct a guest house and that it is expected to be on the agenda for the ARPB at the April meeting. The Town Manager advised that he had told Mr. & Mrs. Dockerty that they should meet with Mrs. Fogarty and explain what they are planning,in that the proposed location for the driveway is very close to the property line. Due to the fact that the application for the guest house is expected to be heard next month, and in view of questions being raised by Mrs. Fogarty, Mr. Harrington recommended that any decision regarding the AlA Vegetative Disturbance Permit be deferred until the site plan review for the guest house is heard. Commissioner Wallace moved and Commissioner True seconded that the application be continued until such time as the new application for a site plan approval for the guest house is heard. Roll Call: Comm. Wallace; AYE, Comm. True; AYE, and Mayor Koch; AYE. VIII. Reports. A. Town Manager 1. Phase II Tree Trimming. Mr. Harrington reminded that at the last meeting he had reported that there may be an opportunity of a considerable savings in the tree trimming If Phase II were done along with Phase I.,and that he would be bringing those figures to the Commission for consideration. Mr. Harrington reported that in speaking with Mr. Hoyt, he was advised that Mr. Hoyt believed that the amount of traffic control that would be necessary would greatly influence the cost of the work. In view of this, Mr. Hoyt suggested that he would like to have a one day trial before committing to a cost for completing Phase I & Phase II at the same time. Town Manager Harrington advised that Chief Schultz would be coordinating the traffic control with Mr. Hoyt and that sometime in June he would expect to have a cost to present. 2. Update on Status of Various Ordinances a. Home Occupations b. ARPB Meeting Dates C. Parking in Yards Mr. Harrington asked the Commission for direction as to whether preparation and adoption of ordinances to cover these three items should be delayed to be included with the changes that are expected to be made to the zoning code following the Task Force study or should be completed as soon as possible. The Commission agreed that the staff begin work on amendments to the zoning code to cover home occupations and ARPB meeting dates and to also address the parking in yards through amendments to the nuisance section of the code Regular Meeting & Public Hearing Town Commission -April 8, 1994 page 8 3. Update on Pine Tree Legislation. Mr. Harrington reported that legislation is stalled in a committee at this time and the session is drawing to a close. He believed that it is un- likely that any further action will be taken on the bill this year. The Town Manager also reported that the Palm Beach County Commission had on it's agenda this past week, a recommendation from their staff members Cthat the Commission have the lobbyist in Tallahassee for the County, oppose the Town's bill. He stated that he appeared before the County Commission and explained that this matter was really none of their concern since AlA is a State Highway located in the Town of Gulf Stream. He further stated that Commission Chairman McCarty was sympathetic with this and the Commission took no action on the staff recommendation. 4. Waterline Crossing in Intracoastal Waterway This item was addressed earlier in the meeting. 5. Update on Bordeman Property Maintenance. Mr. Harrington reported that monies had been pledged by friends of the late Mr. Bordeman to help defray the cost of the recent property maint- enance at the Bordeman property. However, Mrs. Boardeman had been asked to pay $150.00 of the amount and has not done so. In view of her not being willing to participate, the pledges have been revolked. Mr. Harrington then asked for authorization from the commission to file a lien against the property for the entire amount of $615.00 plus interest. Commissioner True moved and Commissioner Wallace seconded the motion that the Town Manager be authorized to place a lien against the property located at 800 Tangerine Way, Gulf Stream, Florida in the amount of $615.00 plus interest for property maintenance after having given due- notice of such to Mrs. Bordeman. Roll Call: Comm. Wallace; AYE, Comm. True; AYE, and Mayor Koch; AYE. B. Town Attorney There was no report from the Town Attorney. C. Finance Director 1. Financial Report for March, 1994. William Gwynn, Finance Director, reported that 90% of the tax revenues have been collected and it has now been necessary to start withdrawing from the money market account to maintain an adequate cash flow, as is the case each year. He called attention to the fact that at the end of March, 1994, there is a net revenue surplus of $44,199.00. In closing, he reported that two new police vehicles had been purchased for a total cost of $13,542.00. Commissioner True move that the financial report be approved as presented and the motion was seconded by Commissioner Wallace. Roll Call: Comm. Wallace; AYE, Comm. True; AYE, and Mayor Koch; AYE. D. Architectural Review and Planning Board. In the absence of Chairman Orthwein, the Town Clerk advised that the next meeting of the ARPB would be held on April 27, 1994 at 9 A.M. E. Police Report for March, 1994. Police Chief Robert Schultz presented his report and added that he has background investigations ongoing for two applicants for the position of police officer. F. Construction in Progress in March, 1994 The report revealed there to be $7,781,397 worth of construction in progress during the month of March, 1994. Regular Meeting & Public Hearing Town Commission -April 8, 1994 page 9 IX. Items for Commission Action. A. Resolution #94 -4 requesting the Clinton administration to reexamine its criteria for eligibility for political refugee status, requesting the Federal Government to develop effective interdiction & deportation plans and to provide funding to eliminate the burden on the communities of South Florida. C` Commissioner True moved and Commissioner Wallace seconded that Resolution #94 -4 be adopted. Roll Call: Comm. Wallace; AYE, Comm. True; AYE, and Mayor Koch; AYE. B. Select a date for a special meeting to choose a design consultant. Town Manager Harrington advised that the Zoning Code Task Force had request- ed that the Town Commission meet as soon as possible,after their meeting to be held on April 14, 1994,to receive their recommendation for a design consultant,and to select one,so they will be able to move forward in a timley manner with the tasks they have been assigned. It was agreed by the commissioners that a special meeting would be held on April 26, 1994, at 9:00 A.M. C. Items by Commissioners There were no items by the Commissioners. X. Correspondence. A. Resolution #R -06 -94 objecting to the Governor's proposed budget reduction in Dept. of Agriculture & Consumer Services within the Div. of Forestry which would eliminate all Urban Foresters statewide. -Town of Lantana B. Resolutions from the City of Lake Worth 1. #30 -94 opposing House Bill 405 regarding retail electric territorial service areas. 2. #16 -94 supporting legislation that seeks to remedy the shortcomings of the current juvenile justice system. C. Resolution #60 -94 requesting that the Clinton Administration & Congress pass meaningful legislation to end the practice of unfunded mandates. -City of West Palm Beach All items, A. through C. were made a part of the official record. XI. Public. There was no comment from the public. CII. Adjournment. Mayor Koch adjourned the meeting at 12:35 P.M. on a motion to do Clso made by Commission True which was seconded by Commission Wallace with all voting in the affirmative. Rita L. Tayloly Town Clerk CE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a meeting on Wednesday, April 27, 1994 at 9:00 A.M.,and the Town Commission will hold a meeting on Friday, May 13, 1994,at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application for development approval submitted by Eugene Lawrence of The Lawrence Group Architects, Inc. as agent for Mr. & Mrs. Randolph Ely, 3311 Polo Drive, Gulf Stream, Florida 33483 to permit the conversion of existing living area to a garage, construct an addition of 1,273 square feet to the existing one story dwelling which will be used for a family room and a master suite, and.install a circular driveway at the location stated herein. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application, at their respective meetings noticed above. These meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. Complete application materials are on file in the office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483 and may be reviewed during regular business hours which generally include non - holiday week- days from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THIS MATTER may appear before the Architectural Review and Planning Board and the Town Commission of the Town of Gulf Stream at the times and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE MEETINGS, 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: April 15, 1994 TOWN OF GULF STREAM, FLORIDA - RA �/' 55� Rita L. Taylor own Clerk NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a meeting on Wednesday, April 27, 1994,at 9:00 A.M. and the Town Commission will hold a meeting on Friday, May 13, 1994,at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application for development approval submitted by Michael Steffens of Piano, Inc. as agent for Mr. & Mrs. Robert Dockerty, 3000 N. Ocean Blvd., Gulf Stream, Florida 33483 to permit construction of a two story structure consisting of a three (3) car garage with utility area, a maids room with bathroom, and two guest rooms with a bathroom, at the address aforementioned that is legally described as the southerly 47.33 feet of Lot 40 and the north 54.62 feet of Lot 41 in Gulf Stream Properties Subdivision. The proposed structure is forty one (41) feet four (4) inches long and twenty nine (29) feet four (4) inches wide. and located approximately 30 feet from Gulf Stream Road. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application, at their respective meetings noticed above. These meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. Complete application materials are on file in the office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483 and may be reviewed during regular business hours which generally include non - holiday week- days from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THIS MATTER may appear before the Architectural Review and Planning Board and the Town Commission of the Town of Gulf Stream at the times and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE MEETINGS, 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: April 15, 1994 TOWN OF GULF STREAM, FLORIDA 124 Z, Rita L. Taylor, r Clerk