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HomeMy Public PortalAbout10/23/1998* October 15, 1998 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Fred B. Devitt III Robert W. Hopkins II William A. Lynch REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 23, 1998 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. A. Regular Meeting of September 10, 1998 B. Public Hearing of September 10, 1998 C. Special Meeting of September 22, 1998 D. Public Hearing of September 22, 1998 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting Friday, Oct. 23, 1998 at 9:00 A.M. 2. Regular Meeting Friday, Nov. 13, 1998 at 9:00 A.M. 3. Regular Meeting Friday, Dec. 11, 1998 at 9:00 A.M. 4. Regular Meeting Friday, Jan. 8, 1998 at 9:00 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by William Wietsma Co., Inc., the Owner of the property located at 3223 Polo Drive, Gulf Stream, Florida, which is legally described as Lot 4, Replat of Gulf Stream Properties. a. VARIANCE to permit the finished floor elevation to be established at 9.5' NGVD, based on the averaging of the elevation of the 2 adjacent homes rather than 8.91, the elevation of the existing home to be demolished. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the demolition of the existing structures and the construction of a one -story single family dwelling, consisting of 5,096 square feet and swimming pool, at the location described herein. VIII. Reports. A. Town Manager 1. Utility Line Update- Letter to Mr. Adams B. Town Attorney C. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 11 -19 -98 at 8:30 A.M. b. Regular Meeting & Public Hearing 12 -17 -98 at 8:30 A.M. C. Regular Meeting & Public Hearing 1 -28 -99 at 8:30 A.M. D. Finance Director 1. Financial Report for September 1998 2. Bi- monthly Water Report AGENDA CONTINUED E. Police Chief 1. Activity for September 1998 2. Traffic Study, 2900 block of AlA F. Construction in Progress as of September 30, 1998 IX. Items for Commission Action. ^ A. Approval of change of Insurance Carriers, Executed by Mayor (J B. Items by Mayor and Commissioners X. Correspondence. A. Resolution #1039 opposing the U.S. Army Corps of Engineers Proposed setback criteria for structures along the Intracoastal Waterway -City of Lighthouse Point B. Resolutions supporting the enhanced practical training for Drivers' Education Programs in our schools and a funding Mechanism for this program by means of a $2 surcharge for "First Time Drivers" license fees or another similar funding program 1. #2267; City of Belle Glade 2. #55,98; Town of Lake Park 3. #72 -98; City of Lake Worth C. Resolutions urging the Florida Legislature to provide Financial assistance or reimbursements to school districts that utilize proactive measures in the design, construction and remodeling of local schools for enhancement of safety concerns 1. #226; City of Belle Glade 2. #154 -98; City of Boca Raton 3. #98 -236; Town of Hypoluxo 4. #56,1998; Town of Lake Park 5. #103,1998; City of Palm Beach Gardens XI. Public. XII. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 23, 1998 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 Mayor O Koch. III. Roll Call. Present and William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice Mayor Robert W. Hopkins II Commissioner William A. Lynch Commissioner Also Present and Kristin K. Garrison Town Manager Participating: John Randolph Town Attorney William Thrasher Finance Director Robert Schultz Police Chief Yvonne Chavez Secretary William Wietsma Owner /Architect Hewlett Kent Resident Absent with Fred B. Devitt III Commissioner Notice: IV. Minutes. A. Regular Meeting of September 10, 1998 B. Public Hearing of September 10, 1998 C. Special Meeting of September 22, 1998 D. Public Hearing of September 22, 1998 Commissioner Lynch moved and Commissioner Orthwein seconded that the above minutes be approved as circulated and all voted AYE at roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes in the agenda. VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting Friday, Nov. 13, 1998 at 9:00 A.M. 2. Regular Meeting Friday, Dec. 11, 1998 at 9:00 A.M. 3. Regular Meeting Friday, Jan. 8, 1998 at 9:00 A.M. Mayor Koch announced these meeting dates. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by William Wietsma Co., Inc., the Owner of the property located at 3223 Polo Drive, Gulf Stream, Florida, which is legally described as Lot 4, Replat of Gulf Stream Properties. Regular Meeting & Public Hearing Town Commission - October 23, 1998 Page 2 a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the demolition of the existing structures and the construction of a one -story single family dwelling, consisting of 5,096 square feet and swimming pool, at the location described herein. b. VARIANCE to permit the finished floor elevation to be established at 9.5' NGVD, based on the averaging of the O elevation of the 2 adjacent homes rather than 8.91, the elevation of the existing home to be demolished. Mayor Koch asked the Town Attorney if he should participate on this application inasmuch as he sold property to the Applicant in the past, although not this current property. Mr. Randolph advised Mayor Koch to declare a conflict if he regularly did business with Mr. Wietsma, to which the Mayor agreed. Mayor Koch passed the gavel to Vice Mayor Orthwein, declaring a conflict as stated. Commissioner Orthwein asked if there were any Ex -Parte Communications, to which there were none. Commissioner Orthwein asked all who intended to speak regarding this application to stand and take the Oath whereupon the Secretary administered the Oath to Mr. William Wietsma and Mr.Hewlett Kent. Mr. Wietsma explained he is demolishing the existing one story home and replacing it with a 5,096 sq. ft. Gulf Stream Bermuda style one story home, and that the proposed structure meets all required setbacks. The floor plan shows 4 bedrooms, 4 1 library dining room, family room and 3 -car garage, along with a swimming pool at the rear of the home. The lot size is 15,446 -sq. ft. with a FAR of 5097 sq. ft. The front setbacks are 25 ft and the rear setbacks are 35 ft. The roof will be white tile. There will be a smooth stucco finish painted in a pastel color (light yellow or tan) with white quoins. The three -car garage will be screened with coconut palms and 12ft. high Areca Palms so it will not be seen from the street. Mr. Wietsma stated he also changed the single window in the front of the house to double windows with Bermuda shutters and then asked if the Board had any questions. Town Manager Garrison inquired of Mr. Wietsma whether the garage could still be seen from the street, as the doors are still visible through the plant material on the rendering. Mr. Wietsma replied that the landscape meeting assure that the garage will be Commissioner Orthwein pointed out that two -car garage much less three, if not Orthwein also commented that the three the structure is an improvement. plans he s completely the Design adequately -car garage ibmitted before the hidden. Manual prohibits a screened. Mrs. looks unbalanced but Regular Meeting & Public Hearing Page 3 Town Commission - October 23, 1998 Commissioner Hopkins asked if this house was Mr. Wietsma's personal home. Mr. Wietsma replied yes and that his family lifestyle and business dictates a three -car garage. Mr. Kent stated that Mr. Wietsma is a fine gentleman and he looks forward to him being a neighbor but he is concerned that the design of n the house does not meet the standards of a Gulf Stream Bermuda style and he is at the meeting as a concerned citizen and not as a member of the Architectural Review and Planning Board. Mr. Kent stated his main concern is that the style of the roof does not conform to the Design Manual. The multiple step backs do not match any of the houses in the neighborhood and he thinks this may be setting a precedent. Commissioner Lynch said it is a good - looking house and he is not opposed to the symmetry. His only concern was that a future owner might not maintain landscape for screening the garage. Commissioner Lynch suggested something more permanent for the screening. Commissioner Hopkins asked what the Architectural Review and Planning Board vote was. Town Manager Garrison said there was a three -to -two vote recommending approval. Mrs. Garrison said the two dissenting members had concerns with the three -car garage and the imbalance it created in the building form. Commissioner Hopkins supported the ARPB's recommendation and agreed with Commissioner Lynch's suggestion of a more permanent shield for the garage. Attorney Randolph recommended a deed restriction that the landscape screening remains perpetually in place. Town Manager Garrison stated that the ARPB added condition number 4, for the landscape plans to be redesigned. Mrs. Garrison suggested to rephrase condition number 4 to state "A Covenant shall be filed requiring that landscaping at the front of property be perpetually maintained to screen the garage from street view ". Commissioner Orthwein asked what would happen if the landscaping was not C% maintained. Mrs. Garrison responded that it would be an enforcement issue and Attorney Randolph stated the Town could place a lien on the property. Commissioner Lynch asked how Mr. Wiestma reached the 9.5' elevation. The Town Manager explained that the elevation of the existing structure is 8.9' NGVD with the home to the north at 8.4' and the home to the south at 11.311, the average of the two adjacent lots being 9.8'. Regular Meeting & Public Hearing Page Town Commission - October 23, 1998 The proposed 9.5' elevation is slightly less than this. Mr. Wietsma expressed that a finished floor elevation of 9.5' would afford additional flood protection without a "pedestal- like" appearance or Negatively impacts on the home to the north. a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the demolition of the existing structures and the construction of a one -story single family dwelling, consisting of 5,096 square feet and swimming pool, at the location described herein. Commissioner Lynch moved and Commissioner Hopkins seconded, based on a finding that the proposed home is consistent with applicable review standards, that the Level 3 Architectural /Site Plan Review be approved with following conditions: 1) The septic system must be approved by the Palm Beach County Health Unit unless the home is connected to the private sewer system. 2) All chain link fencing must be completely concealed by plant material. 3) All planting in the R.O.W. shall be subject to the filing of a removal agreement, shall be designed consistent with the Town's R.O.W. policy and subject to approval by the Planning and Zoning Administrator. 4) A covenant shall be filed requiring landscaping for the front of property to be perpetually maintained to screen the garage from street view. 5) The driveway entry shall be designed to include a swale, to prevent run -off of drainage onto Polo Drive and to facilitate the free flow of drainage across the front of the property. b. VARIANCE to permit the finished floor elevation to be established at 9.5' NGVD, based on the averaging of the elevation of the 2 adjacent homes rather than 8.91, the elevation of the existing home to be demolished. Commissioner Lynch moved that the variance be granted to allow a 9.5' Finished Floor Elevation subject to the following conditions: 1) The maximum building height shall be less than 20 feet. 2) The drainage system shall be subject to inspection by the Town's Utility Consultant and approval by the Town Manager prior to C.O., to ensure no adverse impacts on adjacent properties. Commissioner Hopkins seconded the motion. Roll Call: Commissioner Lynch; AYE, Commissioner Hopkins; AYE, Commissioner Orthwein; AYE. Vice Mayor Orthwein returned the gavel to Mayor Koch. VIII. Reports. A. Town Manager 1. Utility Line Update- Letter to Mr. Adams C� Town Manager Garrison reported that Mr. Thrasher spoke with Mr. Adams regarding the letter that was sent to him about the utility line. Mr. Adams said he had received the letter and would be responding within the next week. Mrs. Garrison requested the Board's permission to schedule two presentations at the November meeting. One for Mr. Harry Kates, a resident in Place Au Soliel who has done a lot of community work for Place Au Soleil, and for two members of the Police Department in recognition of their ten -year anniversary with the Town. The Board was agreeable to this request. Regular Meeting & Public Hearing Town Commission - October 23, 1998 Page 5 The Town Manager advised that the AlA Landscape Architect was working on refining the entry markers for the Town. The Board advised they had not seen the markers. B. Town Attorney There was no report from the Town Attorney. C. Architectural Review & Planning Board 1. Meeting Dates Oa. Regular Meeting & Public Hearing 11 -19 -98 at 8:30 A.M. b. Regular Meeting & Public Hearing 12 -17 -98 at 8:30 A.M. c. Regular Meeting & Public Hearing 1 -28 -99 at 8:30 A.M. Mayor Koch announced these meeting dates. D. Finance Director 1. Financial Report for September 1998 Finance Director William Thrasher requested that his report, which was a part of the agenda packet, be accepted as submitted and advised he would be pleased to answer any questions regarding the report. Commissioner Lynch asked if the percent collected is normal for the end of year. Mr. Thrasher explained that the Value Adjustment Board meets after the approval of a final budget, thus reducing the effective amount of income. The Finance Director cannot make an adjustment from a budget standpoint and Mr. Thrasher said the true figure would not be available until the end of October. Mayor Koch questioned whether there were any properties in Gulf Stream under foreclosure by the County. Mr. Thrasher stated that there is a line item in the General Fund but to his knowledge there are no liens at this time. Mayor Koch complimented Mr. Thrasher on his well written financial report and suggested that in future meetings if he could discuss the report in a brief summary for the benefit of the public. The Board thought this was a good idea. Mr. Thrasher replied he would be pleased to do so. 2. Bi- monthly Water Report Commissioner Lynch commented on the water usage. Mr. Thrasher explained that the water usage is up 10% from this time last year primarily due to huge volume increase and dry weather but is significantly less than our base year, 1988/89. E. Police Chief O 1. Activity for September 1998 Police Chief Robert Schultz presented and explained the Department's activity report for September 1998. 2. Traffic Study, 2900 block of AlA Chief Schultz reported that during the time period surveyed there were 41 crash reports taken. Of those 41 crashes only 5 involved the striking of trees, and of the 5 only 1 occurred at the intersection curve of North Ocean Boulevard and Golfview Drive but was not attributable to the curve in the road. Chief Schultz recommended that there is no justification for any modification to North Ocean Boulevard at Golfview Drive at this time. Regular Meeting & Public Hearing Town Commission - October 23, 1998 Page 6 Commissioner Hopkins inquired about Hurricane George and the preparations that were made, and also if the Town will be reimbursed for its expenditures. Chief Schultz replied that the Police Department had to use additional personnel and that this was a good drill for the Town; they were well prepared and did not encounter any problems. Chief Schultz also stated that the telephone conferences with the County on emergency operations were a bit frustrating, partly due to the fact that Emergency Management had just moved into a new building prior to the Ohurricane. The operation center was having technical difficulties. Town Manager Garrison commended Chief Schultz on the exemplary job he and his staff did during the hurricane watch. Mrs. Garrison also informed the Board that generally expenditures over $1,000.00 for the hurricane could be reimbursable and that the Town's expenditures were less than $1,000.00 E. Construction in Progress as of September 30, 1998 The Construction in Progress Report was noted and directed by the Commission to be filed. IX. Items for Commission Action. A. Approval of change of Insurance Carriers, Executed by Mayor Town Manager Garrison informed the Board that within the past year the Town switched insurance carriers from the Florida League of Cities to Risk Management and saved approximately $15,000.00. The Town recently received information that the Florida of League of Cities has made an effort to become competitive again and, through some research, Mr. Thrasher found out if the Town switched back to the Florida League of Cities, it could save an additional $5,000.00. Mayor Koch indicated that most of the Commissioners were away and he decided, along with the Town Manager, to make the transition subject to approval at this meeting. Commissioner Lynch moved to approve a change of Insurance Carriers and authorize the Mayor to execute all appropriate documents. Commissioner Orthwein seconded the motion. Roll Call: Commissioner Lynch; AYE, Commissioner Hopkins; AYE, Commissioner Orthwein; AYE, Mayor Koch AYE. Mayor Koch suggested that the Board increase the liability insurance, for errors and omissions for public officials, from $500,000.00 to $1,000,000.00 in coverage. 0 Commissioner Orthwein moved to approve the increase of the liability insurance for public officials to $1,000,000.00. Commissioner Hopkins seconded the motion. Roll Call: Commissioner Orthwein; AYE, Commissioner Lynch; AYE, Commissioner Hopkins; AYE, Mayor Koch AYE. B. Items by Mayor and Commissioners Mayor Koch thanked Attorney Randolph for his attendance at the meeting. The Town Manager made the Commission aware that she had information on the proposed Constitutional Amendments and would be pleased to provide the Town Commission with copies. The Mayor requested that all the members of the Commission get a summary of the proposed Florida Constitutional Amendments. Regular Meeting & Public Hearing Town Commission - October 23, 1998 Page 7 X. Correspondence. A. Resolution #1039 opposing the U.S. Army Corps of Engineers Proposed setback criteria for structures along the Intracoastal Waterway -City of Lighthouse Point B. Resolutions supporting the enhanced practical training for Drivers' Education Programs in our schools and a funding Mechanism for this program by means of a $2 surcharge for O"First Time Drivers" license fees or another similar funding program 1. #2267; City of Belle Glade 2. #55,98; Town of Lake Park 3. #72 -98; City of Lake Worth C. Resolutions urging the Florida Legislature to provide Financial assistance or reimbursements to school districts that utilize proactive measures in the design, construction and remodeling of local schools for enhancement of safety concerns 1. #226; City of Belle Glade 2. #154 -98; City of Boca Raton 3. #98 -236; Town of Hypoluxo 4. #56,1998; Town of Lake Park 5. #103,1998; City of Palm Beach Gardens The Commission determined that no action would be taken at this time. These Resolutions were made a part of the official record. XI. Public. There was no comment from the public. XII. Adjournment. Mayor Koch adjourned the meeting at 10:00 A.M. on a motion to do so by made by Commissioner Lynch that was seconded by Commissioner Orthwein with all voting in the affirmative. Yv ne Chavez, Secretary FORM 813 MEMORANDUM AND OTHER VOTING CONFLICT FOR PUBLIC OFFICERS COUNTY, MUPIICI ♦ANII IIP IKIANII.(OIIN('14 (I)Af 1.11SSIOS. Al lI1lIK11, uKlllM1 A111111 \,I \,,II I IN, 1 %%MII Munn I %A %o rnown Commission KOCH, WILLIAM F•, JR. U \III \l. \npKl\, I 545 Golfview Drive Gulf Stream Florida 33483 II .I O\ NIIIC 11,1111 Ol'('I'KKFD I October 23, 1998 11 {1110 A RD. ('OIIN(•II_E`0MMISSION. AM HUH [IN '(1K('1/MIM l l 1 Ii 0\ N Illt'lI 1 SI'R\T IS A IINII of DA "IN O coIIN" O 01 HER I.00AI AGF %('1 uMt OI• 1"1 I1R'At. SIIHOIVISION MY rosn IUN LN CC ELECTIVE O APP(IINII \I WHO MUST FILE FORM 88 This Torn: I :Jr au b\' ail, person xn in, thr count N. pit N. Or oche: local Ic %el Of gmernment 011 all a� i oillic : l" :IcclC bJ:IrC. council, commission. authoril \. or committee. It apphc, equally to menlhers of advisor and non- adcisnn bodies ,1 i:. arc rrc,c:aed ,%fill a \(ainc conflict of interest under Section 11'_.3143. Florida Statutes. Your responsibilities under the lau when faced with a measure in which you have a conflict of interest "ill can grcaily dependinc this reason, please pay close attention to list on whether \011 hold an elective or appointive position. For the rn, on this form before complain,` the roerse side and filing_ the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 412.3143, FLORIDA STATUTES ELECTED OFFICERS: A person heliim_ cleai\c count. municipal. or other local public office \LUST ABSTAIN from %otin, on a mra,u:_ %\hi Inure, to hi% special private gain. Each local officer also is prohibited from knowingly voting on a measure \ %hid( inure III the special Cain of a principal (other than a emernment agency) b> \chom he i, retained. In either case_ you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN M publish slating to the assembly the nature of your Interest in the measure or \\hich )ou are abstaining from vOline: cord complaint and filing this form with the person responsible for recording \VITHIN 1: DAYS AFTER THE VOTE OCCURS by the minutes of the meeting. who should incorporate the form in the minutes. *PPOINTED OFFICERS: person holding appointive county. municipal, or other local public office \JUST ABSTAIN from \oiin, on ❑ measure ,\rich ch local officer also is prohibited from knowingly Toting on a measure \\hich inures to inures to his special private Bain. Ea the special gain of a principal (other than a government agency) by \%hom 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 t to influence the decision by oral or \%ruler. commull;ca; ion. \%holder di.,dose the nature of the conflict before making any attemp made b} the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE \[FETING AT \\'HIGH THE VOTE WILL BE TAKEN: form ( befor, making any attempt to influence the decision) \ \ith the person responsible for • E should complete and file this recording the minutes of the meeting, who will incorporate the form in the minutes. • A coM of the form should be provided immediately to the other members of the agency. _.__ „o66iPrnYinn of the matter in which you ha\^ a conf ic! of interest. 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 I. William F. Koch. Jr. , hereby disclose that on Orf-nhpr 23. 1992 , 19 (a) .A measure came or will come before my agency which (check one) inured w nt) special private gain; or inured to the special gain of , by whom 1 am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: An application for development approval was submitted by William Wietsma Co., Inc. and the firm with which I am affiliated has been involved with previous real estate transactions with the applicant. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112317 (1995), 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 55,000.