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HomeMy Public PortalAbout06/02/20004 W May 26, 2000 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, JUNE 2, 2000 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 May 12, 2000. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting & Public Hearing 7 -27 -00 at 9 A.M. a. Adoption of proposed budget & millage for 2000/2001 2. Regular Meeting & Public Hearing 8 -11 -00 at 9 A.M. 3. September Meetings to be determined in July 2000 a. Adoption of tentative budget & millage for 2000/2001 b. Adoption of final budget & millage for 2000/2001 4. Regular Meeting & Public Hearing 10 -13 -00 at 9 A.M. 5. Regular Meeting & Public Hearing 11 -9 -00 at 9 A.M. 6. Regular Meeting & Public Hearing 12 -8 -00 at 9 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by William Wietsma, as Agent/ Contract Purchaser for Barbara Karlson, the owner of the property located at 578 Palm Way, Gulf Stream, Florida, which is legally described as Lot 23, Polo Cove Subdiv. a. VARIANCE to permit the construction of a new swimming pool that would encroach 10' into the required 20' rear setback. b. SPECIAL EXCEPTION to reduce the rear setback from 50' to 45' for the second -story addition. C. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a second -story addition and other improvements to convert the existing dwelling to a Bermuda style architecture, and the installation of a new swimming pool. VIII. Reports. A. Town Manager 1. Annual Hurricane Meeting held May 18, 2000 B. Preliminary Budget Discussion for 2000/2001 C. Town Attorney D. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing b. Regular Meeting & Public Hearing c. There will be no meeting held in d. Regular Meeting & Public Hearing e. Regular Meeting & Public Hearing f. Regular Meeting & Public Hearing 6- 22 -00, 8:30 A.M. 7- 26 -00, 8:30 A.M. August 2000 9- 28 -00, 8:30 A.M. 10- 26 -00, 8:30 A.M. 11- 16 -00, 8:30 A.M. AGENDA CONTINUED PAGE 2 g. Regular Meeting & Public Hearing 12- 21 -00, 8:30 A.M. E. Finance Director 1. Financial Report for May 2000 F. Police Chief 1. Activity for May 2000 OIX. Items for Commission Action. A. Items by Mayor and Commissioners. X. Correspondence. A. Resolution #106 -2000, requesting Federal Railroad Admin. to adopt proposed Rules 49 CFR Parts 222 & 229 relating to Public Highway -Rail Grade Crossings, etc. -City of Boca Raton. B. Resolution #59- 99/00, requesting that the Florida State Legislature approve and adopt the Building Officials' Assoc. of Florida's position on the Florida Building Code. C. Resolutions supporting efforts to ensure that the statewide options considered for funding of Everglades Restoration Project will result in an equitable source of long term revenue for the project and will not unfairly impact the residents of S. Florida. 1. #756; Town of Highland Beach 2. #11, 2000; Town of Lake Park 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 C MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JUNE 2, 2000 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Vice Mayor Orthwein, in the absence of Mayor Koch, called the meeting to order at 9 A.M. Q II. Pledge of Allegiance. The Vice Mayor led the Pledge of Allegiance. III. Roll Call. Present and Joan K. Orthwein Vice Mayor Participating: Fred B. Devitt III Commissioner Robert W. Hopkins II Commissioner William A. Lynch Commissioner Absent With Notice: William F. Koch, Jr. Mayor Also Present and Kristin K. Garrison Participating: John Randolph Rita Taylor William Thrasher Robert Schultz William Wietsma Town Manager Attorney Town Clerk Finance Director Police Chief Agent /Contract Buyer IV. Minutes of the Regular Meeting of May 12, 2000. Commissioner Lynch moved and Commissioner Hopkins seconded that the minutes be approved as circulated and all voted AYE at Roll Call. V. Additions, withdrawals, deferrals, arrang There were no changes in the Agenda reque VI. Announcements. it of agenda items. A. Regular Meetings and Public Hearings 1. Regular Meeting & Public Hearing 7 -27 -00 at 9 A.M.(Thurs.) a. Adoption of proposed budget & millage for 2000/2001 2. Regular Meeting & Public Hearing 8 -11 -00 at 9 A.M. 3. September Meetings to be determined in July 2000 a. Adoption of tentative budget & millage for 2000/2001 b. Adoption of final budget & millage for 2000/2001 4. Regular Meeting & Public Hearing 10 -27 -00 at 9 A.M.(Thur.) 5. Regular Meeting & Public Hearing 11 -9 -00 at 9 A.M. 6. Regular Meeting & Public Hearing 12 -8 -00 at 9 A.M. There were no changes requested in the meeting dates. VII. PUBLIC HEARING. The Town Clerk administered the Oath to William Wietsma. There were no ex -parte communications disclosed. A. Applications for Development Approval Regular Meeting & Public Hearing Town Commission -June 2, 2000 page 2 1. An application submitted by William Wietsma, as Agent/ Contract Purchaser for Barbara Karlson, the owner of the property located at 578 Palm Way, Gulf Stream, Florida, which is legally described as Lot 23, Polo Cove Subdiv. William Wietsma explained that he is proposing to remove the existing mansard roof and add a partial second story in the center portion of the existing structure, retaining the original footprint of the home. He further explained that the structure will be converted to a Bermuda style of architecture with a white, flat roof tile, quoins and shutters. Mr. Wietsma pointed out that the lot is only 100'x105' and if he is to stay within the footprint of the existing dwelling, the only place for a swimming pool is in the rear yard, and in order to do this he is requesting that a variance be granted for a 10' encroachment into the rear yard setback. Mr. Wietsma also requested a Special Exception to permit a 45' setback from the Intracoastal Waterway for the second story addition as opposed to the 50' that is required. Town Manager Garrison reported that the Architectural Review and Planning Board recommended that the Variance, Special Exception and Level 3 Architectural /Site Plan Review be approved with the condition that the Construction Traffic Management Plan submitted with the application shall be followed during construction and that the stucco banding shall be lowered to Finished Floor Elevation level. Commissioner Devitt asked if any of the improvements would impact the water view of the neighbors and was advised that they would not. He expressed that the proposal appeared to meet all required review standards. The Town Clerk reported that there has been no comment from any of the neighbors and notices were mailed to all property owners within 300' of the subject property. a. VARIANCE to permit the construction of a new swimming pool that would encroach 10' into the required 20' rear setback. Commissioner Lynch moved and Commissioner Devitt seconded that the Variance be granted as requested, based on a finding that the proposed plans meet the 8 mandatory variance standards. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins AYE, and Vice Mayor Orthwein; AYE. b. SPECIAL EXCEPTION to reduce the rear setback from 50' Oto 45' for the second -story addition. Commissioner Lynch moved to approve the Special Exception as requested, based on a finding that the proposed design meets the applicable review standards, and Commissioner Devitt seconded the motion. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Vice Mayor Orthwein; AYE. c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a second -story addition and other improvements to convert the existing dwelling to a Bermuda style architecture, and the installation of a new swimming pool. Regular Meeting & Public Hearing Town Commission -June 2, 2000 page 3 Commissioner Lynch moved and Commissioner Devitt seconded that the Level 3 Architectural /Site Plan Review be approved, based on a finding that the proposed plans are consistent with applicable review standards, with the following conditions: 1) The Construction Traffic Management Plan submitted with the application shall be followed during construction. 2) The stucco banding shall be lowered to Finished Floor Elevation level. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Vice Mayor Orthwein; AYE. VIII. Reports. A. Town Manager 1. Annual Hurricane Meeting held May 18, 2000 Town Manager Garrison advised that the Annual Hurricane Meeting was held on May 18, 2000, chaired by the Mayor, and representatives from the Gulf Stream School were in attendance in an effort to better coordinate evacuation procedures. She further advised that the Hurricane Coordinator from Delray Beach was also in attendance and suggested that the private sewer system be pumped down at receiving a hurricane warning. Representatives of the company that services the system were also in attendance and advised that they would add this to their list of hurricane preparations. B. Preliminary Budget Discussion for 2000/2001 Mrs. Garrison called attention to the DRAFT of a Preliminary Budget for 2000/2001. She stated that the document reflects a 3.7% CPI increase in contracts which will be adjusted when more current CPI data is available. She then advised that a 3% CPI increase is included for employees, also to be adjusted with more current data, and for discussion purposes, a 3% merit increase for all employees except staff, which will be decided by the Commission. Commissioner Lynch believed there should be a 3% merit for all employees. She advised that she is recommending that Mr. Thrasher be promoted to Assistant Town Manager with a salary adjustment and that a salary adjustment also be made for the Deputy Clerk. The Town Manager pointed out that there is an increase in the budget for Town Hall Maintenance to allow for the replacement of the carpet and windows on the west side of the building. Mrs. Garrison reported that this DRAFT assumes a rolled -back millage rate of 3.39 with and early estimate of new construction at $1.9 Omillion. The current millage rate is 3.7853. She then called attention to a new estimate that was just received from the Property Appraiser that shows an increase of $40 million in property value and $5 million in new construction, considerably more than was used in the DRAFT document. She noted that the Homesteaded property, 236 parcels or 44% of all property in the Town, would not be greatly impacted by the increase in property values due to the "Save Our Homes" 3% cap. The Town Manager pointed out that the projections on page 6 indicate that beginning with the 2001 budget, the Fund Balance will begin to decrease if the rolled - back millage rate is used. Regular Meeting & Public Hearing Town Commission -June 2, 2000 page 4 Commissioner Hopkins believed the integrity of the Fund Balance must be maintained and the other Commissioners agreed. Commissioner Lynch felt the Contingency fund should be maintained at $50,000 as opposed to reducing it to $35,616 as is shown in the DRAFT. He noted that some of the line items in the revenue section of the DRAFT are showing the same proposed revenue as was shown in the Adopted Budget for 1999/2000 even though the actual amounts for 1999/2000 indicate that either more or less was collected in the current year. Finance Director Thrasher advised that it is still early in the 1999/2000 Fiscal Year and refinements will be made. He believed the differences to be insignificant at this time. Vice Mayor Orthwein stated that she did not believe the Town should go to the rolled -back millage rate in view of the fact that there are more full time residents in Gulf Stream who want more services than in the past and that the Fund Balance will begin to deplete. She favored establishing the same millage rate as this year, 3.7853, noting that while this will increase the tax revenue, she does not consider it a tax increase. The Vice Mayor asked that the other Commissioners give this serious consideration for further discussion at the July meeting, adding that she will not be present for the July meeting and wanted to voice her position at this time. Mr. Thrasher reported that no increase is planned for the Water Fund. Commissioner Lynch asked Chief Schultz if he felt it necessary to acquire the laptop computers at this time. The Chief explained that it may not be necessary to have them this year but in the near future. He advised that with the dispatch center in Delray being understaffed, there are times that the officers are unable to obtain information they need while on patrol. Having the laptop would enable the officers to access the information directly. He further advised that the officers could do the reports from the car rather than coming to the station to use the computer, thus giving more visibility on the road. Chief Schultz advised that computers and necessary software can be purchased on the Delray Beach bid for approximately $6,000 each; $18,000 for the 3 that are planned. OThe Commissioners noted that the Civic Association had shown an interest in donating laptops to the Town and directed the Town Manager to advise the Association that the Commission feels there is a genuine need for this equipment and are very hopeful that the Association will be able to render this assistance. They also directed that the Association be advised that the Town is in a position to fund $2,600 of the cost. Commissioner Devitt questioned if the letter from Mayor Koch had been fully addressed. Town Manager Garrison stated that she believed it had, as she had answered most of the questions prior to his departure. Regular Meeting & Public Hearing Town Commission -June 2, 2000 page 5 The Town Manager advised she had one more item on her report, that being that the City of Delray Beach has decided on the radio equipment for the 800 frequency. She reminded that this has been pending for several years and the price has increased. Chief Schultz advised that his department will need 11 radios at a total cost of $44,000 rather than $36,000 that was estimated last year. These would be purchased through the City of Delray at the same price they are paying. Commissioner Lynch moved and Commissioner Devitt seconded that Chief Schultz be authorized to advise the City of Delray Beach that it is the intent of the Town of Gulf Stream to include 11 radio units in their analysis of needs, and that the funds be taken from the unappropriated funds. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Vice Mayor Orthwein; AYE. C. Town Attorney There was no report from the Town Attorney. D. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 6- 22 -00, 8:30 A.M. b. Regular Meeting & Public Hearing 7- 26 -00, 8:30 A.M. c. There will be no meeting held in August 2000 d. Regular Meeting & Public Hearing 9- 28 -00, 8:30 A.M. e. Regular Meeting & Public Hearing 10- 26 -00, 8:30 A.M. f. Regular Meeting & Public Hearing 11- 16 -00, 8:30 A.M. g. Regular Meeting & Public Hearing 12- 21 -00, 8:30 A.M. Vice Mayor Orthwein called attention to the above dates. E. Finance Director 1. Financial Report for May 2000 Finance Director Thrasher reported that due to having the meeting so near the close of May, much of the data needed to complete the financial report was not yet available. He advised that the report would be sent under separate cover as soon as it is completed. F. Police Chief 1. Activity for May 2000 Chief Schultz presented the Activity Report for May 2000, adding that he had been on vacation from May 1 through May 5, 2000, he and Deputy Chief Ward had attended the Palm Beach County Chiefs of Police Association Meeting in Belle Glade on May 22, and Deputy Chief Ward is attending a Florida Executive Development Seminar sponsored by the FBI, the Florida Police Chiefs Association and the Florida Sheriffs Association from May O28 through June 2, 2000. IX. Items for Commission Action. A. Items by Mayor and Commissioners. There were no items. X. Correspondence. A. Resolution #106 -2000, requesting Federal Railroad Admin. to adopt proposed Rules 49 CFR Parts 222 & 229 relating to Public Highway -Rail Grade Crossings, etc. -City of Boca Raton. Regular Meeting & Public Hearing Town Commission -June 2, 2000 page 6 B. Resolution #59- 99/00, requesting that the Florida State Legislature approve and adopt the Building Officials Assoc. of Florida's position on the Florida Building Code. C. Resolutions supporting efforts to ensure that the statewide options considered for funding of Everglades Restoration Project will result in an equitable source of long term revenue for the project and will not unfairly impact the residents of S. Florida. 1. #756; Town of Highland Beach 2. #11, 2000; Town of Lake Park These Resolutions were made a part of the official record. XI. Public. There was no comment from the public. XII. Adjournment. Vice Mayor Orthwein adjourned the meeting at 10:15 A.M. on a motion to do so made by Commissioner Lynch that was seconded by Commissioner Devitt with all voting in the affirmative. 2/1 ,r_� Rita L. Taylor, wn 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 26, 2000 at 8:30 A.M., and the Town Commission will hold a Public Hearing on August 11, 2000 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 William Wietsma, as agent for Mary Van Lennep, contract purchaser, and the Florence Cline Trust, current owner of the property located at 2950 Polo Drive, Gulf Stream, Florida, which is legally described as Lot 22 in Gulf Stream Cove Subdivision, for approval of the following: 1. LAND CLEARING PERMIT to remove /relocate existing plant material located in the building envelope and add new plantings. 2. SPECIAL EXCEPTION to reduce the rear setback from the required 50' to 30' for a one -story structure. 3. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the demolition of the existing structures and the construction of a one -story Gulf Stream Bermuda style single family - dwelling and swimming pool. 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 the 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 THE TOWN COMMISSION WITH RESPECT CTO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS SAID PARTY WILL NEED A ;ECORD 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 3, 2000 Rita L. Taylor, 6Town 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 26,2000 at 8:30 A.M., and the Town Commission will hold a Public Hearing on August 11, 2000 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, owner 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, for approval of the following: 1. SPECIAL EXCEPTION #1 to reduce the rear setback from the required 50' to 42.8' for the one story portion. 2. SPECIAL EXCEPTION #2 to exceed the Floor Area Ratio for un- enclosed area of 277 square feet. 3. VARIANCE for a side setback encroachment of 1.8 feet. 4. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the demolition of of the existing structures and construction of a Bermuda style 2 story single family dwelling consisting of 5,946 square feet. 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 the 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 THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS SAID PARTY WILL NEED A C 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 3, 2000 Publish: Palm Beach Post Dates of Publication: July 15, 2000 July 25, 2000 August 5, 2000 TOWN OF GULF STREAM, FLORIDA /l Rita L. Taylor Town Clerk