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HomeMy Public PortalAbout06/04/19990 EN 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 THE TOWN OF GULF STREAM ON FRIDAY, JUNE 4, 1999 AT 9 COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, FLORIDA. F:Tel00 to "I May 28, 1999 TOWN COMMISSION OF :00 A.M., IN THE GULF STREAM, I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes of the Regular Meeting & Public Hearing of May 14, 1999. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting, Friday, July 16, 1999 at 9:00 A.M. 2. Regular Meeting, Friday, August 20, 1999 at 9:00 A.M. 3. September Meeting to be scheduled at July meeting. 4. Regular Meeting, Friday, October 8, 1999 at 9:00 A.M. 5. Regular Meeting, Friday, November 12, 1999 at 9:00 A.M. VII. Presentation. A. Recognizing the Retiring Chairman of the ARPB Resolution No. 99 -5 VIII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Mark Marsh of Digby Bridges, Marsh and Associates as Agent for Gordon McShane, the owner of the property located at 531 Palm Way, Gulf Stream, Florida, which is legally described as Lot 18, Polo Cove, Gulf Stream, Florida. a. SPECIAL EXCEPTION to allow the extension of a non- conforming wall line. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a 600 foot two -story addition, consisting of a guest bedroom, bathroom and study, over the garage of an existing single family dwelling. 2. An application submitted by Tim Diamond as Agent for Delray Ocean Estates, Inc., contract purchaser of the property currently owned by Bessie and John Connelly, Jr., located at 590 Wrightway, Gulf Stream, Florida, which is legally described as Lot 11, Block 3, Polo Fields Plat #1 Subdivision, Gulf Stream, Florida. a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a two -story Bermuda style single family dwelling consisting of 7,526 square feet. 3. An application submitted by Tim Diamond as Agent for Delray Ocean Estates, Inc., contract purchaser of the property currently owned by Bessie and John Connelly, Jr., located at 600 Wrightway, which is legally described in metes and bounds in Sections 3 and 4, Township 46 South, Range 43 East in Gulf Stream, Florida. C AGENDA CONTINUED PAGE 2 a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a second story addition consisting of 1,562 square feet to an existing Bermuda style single family dwelling. IX. Reports. A. Town Manager 1. AlA Plantings 2. Police Department 3. B.F.I. collection B. Town Attorney C. Architectural Review & 1. Meeting Dates a. Regular Meeting b. Regular Meeting c. No meeting will d. Regular Meeting e. Regular Meeting D. Finance Director 1. Financial Report f o 2. Bi- monthly water r E. Police Chief 1. Activity for May 1 Step Increase Policy practices Planning Board & Public Hearing 6 -24 -99 at & Public Hearing 7 -22 -99 at be held in August 1999 & Public Hearing 9 -23 -99 at & Public Hearing 10 -28 -99 at r May 1999 eport .. 8:30 A.M. 8:30 A.M. 8:30 A.M. 8:30 A.M. X. Items for Commission Action. A. Ordinance No. 99/1: AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING AND ENACTING AN UPDATED AND REPRODUCED CODE FOR THE TOWN OF GULF STREAM; PROVIDING FOR THE REPEAL OF ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THYE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. (Second reading & Adoption) B. Items by Mayor and Commissioners. XI. Public. XIII. 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, JUNE 4, 1999 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 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 Fred B. Devitt III Commissioner Robert W. Hopkins II Commissioner William A. Lynch Commissioner IV Also Present and Kristin K. Garrison Participating: John Randolph Rita Taylor Robert Schultz Howard E.N. Wilson Mark Marsh Tim Diamond the Shane Ames Scott Morgan Hewlett Kent & Public Town Manager Town Attorney Town Clerk Police Chief Town Resident Agent for McShane Agent for Delray Ocean Estates, Inc. Architect for Delray Ocean Estates, Inc. Town Resident Town Resident of Ma Commissioner Lynch moved and Commissioner Hopkins the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arranqement of agenda items. Town Manager Garrison requested to add Item IX.A.4. Health Insurance for fiscal year 1999/2000, and to withdraw Item VIII.A.3., an Architectural /Site Plan Review for 600 Wrightway, based on a written request from the applicant to withdraw. There were no objections. VI. Announcements. A. Regular Meetings and Public Hearings �) 1. Regular Meeting, Friday, July 16, 1999 at 9:00 A.M. 2. Regular Meeting, Friday, August 20, 1999 at 9:00 A.M. 3. September meeting to be scheduled at July meeting. 4. Regular Meeting, Friday, October 8, 1999 at 9:00 A.M. 5. Regular Meeting, Friday, November 12, 1999 at 9:00 A.M. Mayor Koch announced these meetings and there were no comments. Regular Meeting & Public Hearing Town Commission -June 4, 1999 page 2 VII. Presentation. A. Recognizing the Retiring Chairman of the ARPB Resolution No. 99 -5; A RESOLUTION OF APPRECIATION TO HOWARD "CHIP" WILSON FROM THE TOWN COMMISSION OF THE TOWN OF GULF STREAM. The Town Clerk read the Resolution and Town Manager Garrison presented Mrs. Wilson with an engraved sterling silver key chain, expressing her personal appreciation for his assistance in planning matters. Mayor Koch also expressed appreciation on behalf of the Town and Commission, and wished him well in his new position in Philadelphia. VIII. PUBLIC HEARING. A. Applications for Development Approval Mayor Koch asked that all persons who intended to speak at the Public Hearing please stand to take the oath. The Town Clerk administered the oath to Mark Marsh, Tim Diamond, Shane Ames and Scott Morgan. With regard to ex -parte communications, none were declared with regard to the McShane application. Commissioner Orthwein stated that the Morgans had expressed concerns to her regarding the size of the proposed home at 590 Wrightway and Commissioner Devitt advised he was acquainted with the Morgans and the Diamonds and that Mr. Diamond had phoned him regarding the application. All were advised that they should speak to the Town Manager regarding the application. Commissioner Hopkins advised that he had spoken to the Town Manager regarding the application. 1. An application submitted by Mark Marsh of Digby Bridges, Marsh and Associates as Agent for Gordon McShane, the owner of the property located at 531 Palm Way, Gulf Stream, Florida, which is legally described as Lot 18, Polo Cove, Gulf Stream, Florida. Mark Marsh displayed a color rendering of the proposed structure and explained that the existing structure is one -story and there are only two bedrooms and a den. The applicant proposed to add a second -story over a portion of the garage consisting of a third bedroom with a small study and a bathroom. This would be a guestroom at this time and possibly be used in the future for a caretaker. Mr. Marsh called attention to the position of the addition on the garage, which creates a stepped transition from single to two -story on the south side (street elevation) and blends with the existing high roof area centered over the center of the main house. He added that the design blends with the existing Gulf Stream Bermuda style by using matching materials, fenestration and colors, and appears as part of the original design and not a later addition. Mr. Marsh pointed out that a request for a Special Exception was being made due to having to extend an existing nonconforming wall line that had been conforming at the time the home had been constructed. He closed by stating that the only view of the home from the street would be the one that is shown on the color rendering. Town Manager Garrison stated that the ARPB unanimously recommended approval of the application, after determining that this was the best possible solution for the addition. Regular Meeting & Public Hearing Town Commission -June 4, 1999 page 3 Commissioner Hopkins asked if this was the best design available for the addition and Mr. Marsh replied that it is the best possible to have the addition appear to be a part of the original structure. Commissioner Lynch had no objection to the design. O Commissioner Orthwein asked if the landscaping would be like that shown on the rendering and Mr. Marsh stated that most of it is existing but the existing jasmine is shown as bougainvillea. The Commissioner believed the appearance is improved with the landscape material as shown in the rendering. a. SPECIAL EXCEPTION to allow the extension of a non- conforming wall line. Commissioner Lynch moved and Commissioner Orthwein seconded that the special exception be approved for additions to a structure with existing non - conforming setbacks, based on a finding that the application meets special exception review criteria and standards for review. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a 600 foot two -story addition, consisting of a guest bedroom, bathroom and study, over the garage of an existing single family dwelling. Commissioner Lynch moved and Commissioner Orthwein seconded the approval of a Level 3 Architectural Site Plan Review, based on a finding that the proposed plans are consistent with special exception review criteria, and other applicable review standards, subject to the following conditions: 1) The new driveway entry shall be designed to include a swale, to prevent the run -off of drainage onto the road and to facilitate the free flow of drainage across the front of the property. 2) A Construction Traffic Management Plan shall be submitted prior to the issuance of a building permit application. This plan shall be reviewed and Approved by the Town Manager and followed during construction. 3) Landscaping shall be installed as shown on the color rendering provided at the Town Commission meeting. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. 2. An application submitted by Tim Diamond as Agent for Delray Ocean Estates, Inc., contract purchaser of the property currently owned by Bessie and John Connelly, Jr., located at 590 Wrightway, Gulf Stream, Florida, which is legally described as Lot 11, Block 3, Polo Fields Plat #1 Subdivision, Gulf Stream, Florida. Mr. Shane Ames, Architect for Delray Ocean Estates, Inc., advised that all setback requirements had been satisfied, and exceeded the minimum in some instances. He stated that the color on the rendering is misleading as it will be a much lighter shade, and the front door will be mahogany. He pointed out that the massing of the structure is to the center and the design is consistent with others in the neighborhood. Mr. Ames stated that he was advised that comments have been made that the structure is very similar to the home next door at 570 Wrightway. He said that while it is similar in the massing, the appearance is Regular Meeting & Public Hearing Town Commission -June 4, 1999 page 4 different in that the window arrangement and front entry are different, the proposed structure has balconies and the garage is configured differently. Town Manager Garrison explained that Mr. Ames did not realize that it is necessary to request a special exception when the covered porch exceeds the maximum floor area ratio. She reported that the Architectural O Review and Planning Board recommended approval of the structure provided a Special Exception is approved at their June meeting. Commissioner Hopkins advised that he personally did not care for the design and especially the balconies. He observed that while he was sure that it met the provisions in the Design Manual, codes do not always bring about the desired result. He believed that there are times when subjective questions are necessary. Commissioner Lynch observed that the massing is the same on both the structures at 570 Wrightway and the proposed one at 590 Wrightway but there are many differences in the appearance. Commissioner Hopkins questioned if this project could be sent to Urban Design Studios for their review and comment. Town Manager Garrison advised that other projects have been referred to Urban Design Studios and she believed this to be a valid consideration. Mr. Ames advised that Delray Ocean Estates, Inc. is planning to renovate the home at 600 Wrightway and he displayed a color rendering to show the difference of design. He explained that this had been taken off the agenda as they plan to make some changes that would require a variance to increase the garage size to accommodate 2 vehicles, with a December submittal expected. Mayor Koch believed that both 590 and 600 Wrightway should be sent to Urban Design Studios in order to evaluate how the entire street would appear when both are constructed between the two existing two -story homes. Commissioner Orthwein agreed with this suggestion. Mr. Scott Morgan, the property owner at 570 Wrightway, stated that the proposed structure is very similar to his home next door. He further stated that he had planned to point this out in detail but since the Commission had already voiced similar concerns, he would not take the time to repeat them. He advised that he settled in Gulf Stream because he felt that the charm and character of Gulf Stream would be protected. He was concerned that having homes so nearly alike on the same street would give a "cookie cutter" appearance like many developments in Florida end up with. Commissioner Hopkins agreed with the remarks from Mr. Morgan. Mayor Koch asked Mr. Ames if he would be able to provide a drawing of the front elevation of what is planned for 600 Wrightway so that it Regular Meeting & Public Hearing Town Commission -June 4, 1999 page 5 could be sent to Urban Design Studios along with 590 Wrightway. Mr. Ames stated that he could do this. Commissioner Hopkins moved that the proposed projects for 590 and 600 Wrightway be sent to Urban Design Studios for their review and comment, with further consideration of the project for 590 Wrightway to be on the agenda for the meeting scheduled on July 16, 1999. Commissioner O Orthwein seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; NAY, Comm. Hopkins; AYE, and Mayor Koch; AYE. a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a two -story Bermuda style single family dwelling consisting of 7,526 square feet. 3. An application submitted by Tim Diamond as Agent for Delray Ocean Estates, Inc., contract purchaser of the property currently owned by Bessie and John Connelly, Jr., located at 600 Wrightway, which is legally described in metes and bounds in Sections 3 and 4, Township 46 South, Range 43 East in Gulf Stream, Florida. a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a second story addition consisting of 1,562 square feet to an existing Bermuda style single family dwelling. This item was withdrawn from the agenda. IX. Reports. A. Town Manager 1. AlA Plantings Town Manager Garrison called attention to the list of dead plant material that was submitted by Roy- Fisher Associates, Landscape Architect. Mrs. Garrison then turned to the inspection report from C. Way Hoyt, the Arborist engaged by the Town to evaluate the AlA Landscape Project. She apologized for the report not being available prior to the meeting to give everyone time to study it. Mrs. Garrison advised that it had not been received until late the prior evening and she had very quickly read through it just before the meeting. She noted that Mr. Hoyt commented about the overall project and then specifically listed twenty -two trees in need of replacement and another 6 that would require some adjustment. Mayor Koch directed that Attorney Randolph review the Hoyt report and then take the necessary action to protect the Town. Attorney Randolph suggested that the report, along with a letter from the Town Manager, be sent to the contractor, and that the Town Manager, Mr.Hoyt and Arazoza Brothers, with whom the Town has had a good relationship, should try to resolve the matter. He added that if there was no resolution at this level, the attorney could then become involved. Commissioner Hopkins felt the Commission should be present for such a meeting. Regular Meeting & Public Hearing Town Commission -June 4, 1999 page 6 Commissioner Lynch believed the Town Manager should handle this and report back to the Commission. Mayor Koch suggested that copies of the report be given to all parties involved and then a Special Commission Meeting held with all present. Commissioner Orthwein favored having the Town Manager try to work it O out. Commissioner Devitt believed that efforts should be concentrated on the specific problems listed and not the entire job. The Commissioners agreed that Town Manager Garrison would organize a meeting with Mr. Hoyt, Arazoza Brothers and herself, advising Mayor Koch of the date. Mayor Koch stated if he was unable to be present, perhaps one of the other Commissioners could attend. It was further agreed that if necessary, subsequent to this meeting, a Special Meeting of the Commission could be called. Town Manager Garrison reported that she had spoken with Mark Snure, General Manager of the Gulf Stream Golf Club regarding irrigation of the Palm trees in the right -of -way along their property, and now had a letter from him. She was pleased to advise that the Club will install irrigation on the corner of AlA and Golf View Drive and, while they have no irrigation on the south west side, they will commit to irrigating the area should a drought situation occur next fall and winter. Mrs. Garrison closed by further advising that, while the Club did not request that the dead Palms in this area be replaced, they did state that they are anxious to assist the Town in the successful completion of the beautification plan. Mayor Koch directed that a thank you letter be forward to the Club. 2. Police Department Step Increase Policy & Salaries Town Manager Garrison advised that there had been some misunderstanding as to the mechanics of the "step increases" for police officers. She explained that these only apply to newly employed officers and there had not been a turn over since she had been with the Town until this past year. She went on to explain that, in reviewing previous budget documents, it had appeared that a 3% increase had been given at each step. However, when Chief Schultz had recently submitted the first increase authorization for one of the newly hired officers, the percentage was considerably higher, which triggered a review of the 1 structure. The Town Manager asked Chief Schultz to explain how the step ' increases were determined, since he had been with the Town at the onset. Chief Schultz explained that in 1990/1991 there had been a 12 month probationary period requirement which included an increase over the starting pay at 6 months and at 12 months, at which time the new officer would reach the salary level of the senior officers. He further explained that in 1991 the Commission had directed that an evaluation system be established on which merit pay increases would be based, as the Commission did not favor increases based on longevity. In addition, the Commission did not believe an officer should reach a senior officer's salary level at the end of one year. As a result, the Regular Meeting & Public Hearing Town Commission -June 4, 1999 page 7 probationary period was extended to 18 months with a pay increase to be planned for at the end of each 6 -month interval. The amount of increase was to be determined by computing the difference between the starting pay and the senior officers pay, and dividing by three, which would result in the amount of increase at the end of each of the 6 month segments. The Commission asked if there was ever a time that a 6 -month increase was not given. The Chief replied that this has happened when he felt it necessary to extend the probationary period. Town Manager Garrison advised that at first it had appeared that this would have a large impact on the budget but an in depth analysis has shown it will only have an impact of approximately $3,500. She pointed out that if three officers had not retired this year, the overall salary budget would have been much greater. Mrs. Garrison questioned if the Commission wanted to continue the current policy for step increases as outlined by Chief Schultz or consider something else. Mayor Koch believed the current policy should continue, adding that Chief Schultz has already told the new officers what they would be making at the end of 18 months probation. The other members on the Commission agreed to this, and further agreed that this could be reviewed each year during budget discussions. Mayor Koch noted that it has been the policy to give each employee an annual CPI increase. He stated that when this was first implemented, the CPI was 3% and it seems that 3% has been used every year thereafter. He pointed out that the CPI is expected to increase and there would be unhappy employees if the increase remained at 3 %. He recommended that the increases be based on the actual CPI, up or down. The other Commissioners agreed but pointed out that it is not known what the CPI will be in October when the budget is prepared in June and July. The Commission determined that 3% would be projected in the budget. Should the CPI be less than that, there will be a budget surplus. Should the CPI be more than 3 %, the difference will be taken from the reserve funds. It was noted that the CPI that is received in October each year covers the month of August. f1 Town Manager Garrison advised that the preliminary assessment figures i have been received from the Property Appraiser and it appears that the rolled back figure will be 3.8 or 3.9 mills. She felt there will be approximately $15,000 added revenue due to new construction. Turning to specific salary items, the Commissioners agreed that all employees shall receive a CPI increase on the base salary. Commissioner Hopkins stated he had never discussed an individual's salary with the individual being present and felt uncomfortable otherwise. Regular Meeting & Public Hearing Town Commission -June 4, 1999 page 8 Town Clerk Taylor was asked to leave the room with the Town Manager offering to take notes during discussions. The Commission agreed with the Town Manager's recommendations for salary adjustments and increases affecting the secretary, finance director, maintenance worker and Town Clerk, as shown in the May 1999 draft budget. Commissioner Lynch further suggested that the Town Clerk be given an additional week of vacation in her benefit package and the Commission unanimously agreed. The Town Clerk returned and Chief Schultz left the room. Mayor Koch stated that it is customary for the Commission to determine salaries for the Police Chief and Town Manager. He stated he favored a 3% increase for Chief Schultz in addition to the CPI adjustment. Commissioner Lynch suggested a 4% increase and Commissioner Orthwein suggested 3.5 %. The Manager pointed out that the Chief has been working many overtime hours for which he receives no additional pay. It was unanimously agreed that Chief Schultz be given a 4% increase and the CPI adjustment. Chief Schultz returned and Town Manager Garrison left the room. Commissioner Lynch remarked that he knew the Town Manager would like more vacation and he proposed that she be given an additional week and suggested that her salary be increased $2,000. Mayor Koch did not agree, adding that her benefits are in line with other municipalities of this size. After discussion about the overall compensation package, and the strengths and weaknesses of the past year's performance, Commissioner Hopkins moved and Commissioner Lynch seconded that the Town Manager be given the CPI adjustment and one additional week of vacation added to her benefit package, and all voted AYE. Town Manager Garrison returned to the meeting. Commissioner Lynch left the meeting at 10:50 A.M. C� 3. B.F.I. collection practices Town Manager Garrison reported that B.F.I. has been gathering trash bags in centralized stacks that stand for hours before the truck picks them up. She stated that she had spoken to the B.F.I. supervisor regarding this practice but it has continued. Mrs. Garrison then called attention to a fax from Marie Horenburger of B.F.I. advising that they were unaware of this and that it has been stopped. The letter advised that she should be contacted at once if there are any problems in the future. The Town Manager noted that Marie Horenburger is present and asked her if she waned to comment. Ms. Horenburger apologized for the inconvenience to the residents and stated once again that she should be contacted at once if there are future problems. Regular Meeting & Public Hearing Town Commission -June 4, 1999 page 9 Mayor Koch passed the gavel to Vice Mayor Orthwein and left the meeting to take a phone call. 4. Health Insurance for Fiscal Year 1999/2000 The Town Manager explained that a quote from Blue Cross /Blue Shield has been received that represents a 21% increase. She stated that a quote from the Florida League of Cities has been received that is considerably less, and that other companies have been contacted with regard to rates that are expected to give quotes in the near future. Commissioner Devitt moved and Commissioner Hopkins seconded that the Town Manager be authorized to change health insurance carriers and to execute the appropriate documents, selecting the carrier that will be in the best interest of the Town and the Town employees. Roll Call: Comm. Devitt; AYE, Comm. Hopkins; AYE, and Vice Mayor Orthwein; AYE. B. Town Attorney There was no report from the Town Attorney. C. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 6 -24 -99 at 8:30 A.M. b. Regular Meeting & Public Hearing 7 -29 -99 at 8:30 A.M. c. No meeting will be held in August 1999 d. Regular Meeting & Public Hearing 9 -23 -99 at 8:30 A.M. e. Regular Meeting & Public Hearing 10 -28 -99 at 8:30 A.M. Vice Mayor Orthwein called attention to these dates. D. Finance Director 1. Financial Report for May 1999 In the absence of the Finance Director, the Town Manager asked if there were any questions and there being none, Commissioner Hopkins moved and Commissioner Devitt seconded that the Financial Report be approved as circulated and all voted AYE at roll call. 2. Bi- monthly water report Mrs. Garrison noted that water consumption was very high this period and stated that it is felt that the drought has had a big impact and there was also a very large leak beneath a home on Wrightway that is a contributing factor to the increase in consumption. Mayor Koch returned to the meeting and Vice Mayor Orthwein returned the gavel to him. E. Police Chief 1. Activity for May 1999 CChief Schultz presented his report and added that he has filled the vacancies on the Department with the hiring of Adam Gorel and Randy Ferguson who started work this date. He further reported that the Department has completed C.P.R. and A.E.D. training with the defibrillators having been placed in service. Regular Meeting & Public Hearing Town Commission -June 4, 1999 page 10 X. Items for Commission Action. A. Ordinance No. 99/1: AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING AND ENACTING AN UPDATED AND REPRODUCED CODE FOR THE TOWN OF GULF STREAM; PROVIDING FOR THE REPEAL OF ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THYE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. (Second reading & Adoption) The Town Clerk read Ordinance No. 99/1 by title. Commissioner Orthwein moved and Commissioner Devitt seconded the adoption of Ordinance No. 99/1. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. B. Items by Mayor and Commissioners. Commissioner Hopkins noted that Hewlett Kent, a member of the ARPB, is present and the Commissioner explained to Mr. Kent the action that had been taken by the Commission with regard to the proposed development for 590 Wrightway. XI. Public. Mr. Hewlett Kent reported that the ARPB is making changes to the Design Manual and stated the Board welcomes comment from the Commission after they have had an opportunity to review a draft. It was suggested that perhaps a joint workshop meeting between the ARPB and the Town Commission can be held at the proper time. XIII. Adjournment. Mayor Koch adjourned the meeting at approximately 10:45 A.M. on a motion to do so made by Commissioner Devitt that was seconded by Commission Hopkins with all voting in the affirmative. Rita L. Taylor, T n 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 Public Hearing on June 24, 1999, at 8:30 A.M., and the Town Commission will hold a Public Hearing on July 16, 1999, 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 submitted by Tim Diamond, as agent for Delray Ocean Estates, Inc., the contract purchaser of the property located at 590 Wrightway, Gulf Stream, Florida, which is legally described as Lot 11, Block 3 in Polo Fields #1 Subdivision, and currently owned by Bessie and John Connelly, Jr., for a SPECIAL EXCEPTION to permit the addition of a balcony that exceeds the maximum Floor Area Ratio by 300 square feet, to be placed on the west elevation of a proposed two -story Bermuda style single family dwelling, which received previous Architectural approval, at the location described 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. The 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 weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS 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 TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS, 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. TOWN OF GULF STREAM, FLORIDA Dated: June 1, 1999 / / r Rita L. Taylor, T6P 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 Public Hearing on July 29, 1999, at 8:30 A.M., and the Town Commission will hold a Public Hearing on August 20, 1999, 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 submitted by William Wietsma, as agent for Wendy Overton, the owner of the property located at 2525 Pelican Lane, Gulf Stream, Florida, which is legally described as the westerly 95' of the east 322.5' of the northerly 107' of lot 25 in subdivision 9- 46 -43, for: 1) SPECIAL EXCEPTION to exceed the maximum Floor Area Ratio by 300 square feet for an existing covered, unenclosed porch ; 2) VARIANCE, in relation to the Special Exception, from one of the Special Exception Review Standards which provides that for each one square foot of roof projection over the maximum permissible FAR, 2 additional square feet of roof projection must be provided that are within the maximum permissible FAR, and all shall remain forever unenclosed; and 3) A LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a first floor addition consisting of 396 square feet to the existing two - story single family dwelling. 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. The 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 weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS 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 TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS, 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. TOWN OF GULF STREAM, FLORIDA Publish: Palm Beach Post Date: July 19, 1999 �- August 4, 1999 August 14, 1999 Rita L. Taylor Town 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 Public Hearing on July 29, 1999, at 8:30 A.M., and the Town Commission will hold a Public Hearing on August 20, 1999, 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 amended application, the original of which was previously withdrawn from consideration, submitted by Tim Diamond, as agent for Delray Ocean Estates, Inc., the contract purchaser of the property located at 600 Wrightway, Gulf Stream, Florida, which is legally described in metes and bounds in Sections 3 and 4, Township 46 South, Range 43 East in Gulf Stream, Florida, and currently owned by Bessie and John Connelly, Jr. The application includes a request for a VARIANCE to permit the expansion of a one car garage to a two car garage that would encroach approximately 619" into the required 15, north side setback, and a LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a second story addition consisting of 1,598 square feet, and first floor additions consisting of 562 square feet, to an existing Bermuda style single family dwelling at the address 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. The 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 weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS 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 TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS, 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. TOWN OF GULF STREAM, FLORIDA Publish: Palm Beach Post Date: July 19, 1999 August 4, 1999 August 14, 1999 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 Public Hearing on July 29, 1999, at 8:30 A.M., and the Town Commission will hold a Public Hearing on August 20, 1999, 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 submitted by Roger Cope, as agent for Anthony Johnston, the owner of the property located at 825 Canary Walk, Gulf Stream, Florida, which is legally described as Lot 21, Place Au Soleil Subdivision for: 1) A LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to construct additions consisting of 1,193 square feet to the existing single family one story dwelling. The additions expand the garage by 617" to the west and add a master suite and dining area to the rear of the home. 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. The 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 weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS 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 TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS, 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. TOWN OF GULF STREAM, FLORIDA Dated: July 6, 1999 Rita L. Taylor, 6bwn 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 Public Hearing on July 29, 1999, at 8:30 A.M., and the Town Commission will hold a Public Hearing on August 20, 1999, 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 submitted by Mark Marsh, as agent for Dr. & Mrs. William Caskey, the owners of the property located at 3110 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as the South 50 feet of Lot 36 and Lot 37 less the South 25 feet in Gulf Stream Properties Subdivision for: 1) An AIA VEGETATIVE DISTURBANCE PERMIT and 2) A LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the demolition of the existing structure and the construction of a 2 -story single family Gulf Stream Bermuda /Anglo- Caribbean style dwelling. 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. The 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 weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS 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 TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS, 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: July 6, 1999 TOWN OF GULF STREAM, FLORIDA FIA Z Z" Rita L. Taylor, Olown 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 Public Hearing on July 29, 1999, at 8:30 A.M., in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application submitted by S.P. Miller, as agent for Henry S. Mellon, the owner of the property located at 4 Driftwood Landing, Gulf Stream, Florida, which is legally described as Lot 1, Driftwood Landing Subdivision Gulf Stream, Florida, for: 1) A LEVEL 2 ARCHITECTURAL /SITE PLAN REVIEW to permit the replacement of an existing 875 sq. foot carport with a two - story, 2,311 square foot addition to include a three -car garage and exercise room with guest quarters above. The Architectural Review and Planning Board shall make a final decision regarding the subject application at the meeting noticed above. The meeting may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The 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 weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Architectural Review and Planning Board of the Town of Gulf Stream at the time and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS 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. TOWN OF GULF STREAM, FLORIDA Dated: July 6, 1999 Rita L. Taylor, T n 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 Public Hearing on July 29, 1999, at 8:30 A.M., and the Town Commission will hold a Public Hearing on August 20, 1999, 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: OAn application submitted by Tim Diamond, as agent for Delray Ocean Estates, the contract purchaser of the property located at 550 Middle Road, Gulf Stream, Florida, which is legally described as the south 50 feet of Lot 14 and all of Lot 15 in Gulf Stream Cove Subdivision in Gulf Stream, Florida, and currently owned by Whitin Capital, LLC, for: 1) A LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the demolition of the existing structure and the construction of a 2 -story single family Bermuda style dwelling. 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. The 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 weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS 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 TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS, 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. TOWN OF GULF STREAM, FLORIDA Dated: July 16, 1999 � F t Rita L. Taylor, f own Clerk