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HomeMy Public PortalAbout11/09/2001November 2, 2001 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, NOVEMBER 9, 2001 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 October 19, 2001. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Presentations A. Historic Preservation - County Commissioner Mary McCarty VII. Announcements. A. Regular Mee 1. Regular 2. Regular 3. Regular 4. Regular 5. Regular 6. Regular VIII. PUBLIC HEARING. tings and Public Meeting & Public Meeting & Public Meeting & Public Meeting & Public Meeting & Public Meeting & Public 3earings Hearing Hearing Hearing Hearing Hearing Hearing 12 -14 -01 @ 9 A.M. 1 -11 -02 @ 9 A.M. 2 -8 -02 @ 9 A.M. 3 -8 -02 @ 9 A.M. 4 -12 -02 @ 9 A.M. 5 -10 -02 @ 9 A.M. A. Applications for Development Approval 1. An application submitted by William Wietsma Co., Inc., Agent for William and Caroline Wietsma, owners of the property located at 3211 Polo Drive, Gulf Stream, Florida, which is legally described as Lot 5, Replat of Gulf Stream Properties Subdivision. a. Level 3 Architectural /Site Plan Review -To permit the construction of a two -story single family Gulf Stream Bermuda style dwelling, consisting of 5,530 square feet and a swimming pool. b. Demolition Permit -To permit the demolition of the existing structure. c. Land Clearing Permit -To remove one mango tree. IX. Reports. A. Town Manager 1. Old School Road & Polo Drive Project Update B. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 11 -15 -01 @ 8:30 A.M. b. Regular Meeting & Public Hearing 12 -20 -01 @ 8:30 A.M. C. Regular Meeting & Public Hearing 1 -24 -02 @ 8:30 A.M. d. Regular Meeting & Public Hearing 2 -28 -02 @ 8:30 A.M. e. Regular Meeting & Public Hearing 3 -28 -02 @ 8:30 A.M. 0 O 1 AGENDA CONTINUED C. Finance Director 1. Financial Report for October 2001 D. Police Chief 1. Activity for October 2001 X. Items for Commission Action. A. Items by Mayor and Commissioners. 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, NOVEMBER 9, 2001 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 Mayor led the Pledge of Allegiance. III. Roll Call. Present and William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice Mayor Fred B. Devitt III Commissioner Robert W. Hopkins Commissioner William A. Lynch Commissioner Also Present and William Thrasher Town Manager Participating: John Randolph Town Attorney Rita Taylor Town Clerk Kristin Garrison Former Town Manager Mary McCarty P.B. Co. Commissioner James Titcomb P.B. Co. League Cities Ann Gibb Head Mistress- G.S.Sch. William Wietsma Applicant IV. Minutes of the Regular Meeting of October 19, 2001. Commissioner Lynch moved and Commissioner Hopkins seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Town Manager Thrasher requested to add as Item X.B., Placement of a construction trailer at 3421 N. Ocean Blvd. He also requested that the first item under presentations be the recognition of Mayor Koch's 35th consecutive year as Mayor of Gulf Stream. There were no objections to these changes. VI. Presentations. A. Resolution #001 -10 A RESOLUTION OF APPRECIATION TO WILLIAM F. KOCH, JR. FROM THE TOWN COMMISSION OF THE TOWN OF GULF STREAM. The Town Clerk read the resolution in full that recognized Mayor Koch's 35 continuous years as Mayor. �\ Town Manager Thrasher then introduced Kristin Garrison, former Town Manager, explaining that Mrs. Garrison had begun to plan for this over one year ago and it was felt that she should be a part of the conclusion. Mr. Thrasher then asked Mrs. Garrison to make a presentation to the Mayor. Following a few brief remarks complimenting the Mayor on his accomplishments that have been of great benefit to the Town, Mrs. Garrison presented Mayor Koch with a large crystal prism inscribed with his name and the Town Seal, and recognizing his 35 years of service. She then presented the Mayor with a silver key ring which also displayed the Town Seal. Town Commission - Regular Meeting November 9, 2001 page 2 Mr. Thrasher then introduced the Honorable Mary McCarty, Palm Beach County Commission for District 4. Commissioner McCarty congratulated Mayor Koch and presented him with a Proclamation from the Palm Beach County Board of Commissioners which recognized his 35 years as Mayor and expressed appreciation for his �i service on a number of Boards at institutions of County importance. Jamie Titcomb, Executive Director of the Palm Beach County League of Cities, was introduced by Town Manager Thrasher. Mr. Titcomb explained that he had been directed by the Board of Directors of the League to extend their congratulations for his 35 -year tenure and best wishes for many more years. He then presented him with a lapel pin. Letters of congratulation from former Town Manager Scott Harrington and former Police Chief Robert Schultz were read by Town Manager Thrasher and Chief Ward. Mr. Harrington's letter was accompanied by 5 small wooden figurines. Chief Garrett Ward congratulated the Mayor and stated he had worked with the Mayor for the past 13 years and never ceased to be amazed at his accomplishments. The Town Manager asked if there were comments from the audience and Miss Ann Gibb, Headmistress of the Gulf Stream School was recognized. Miss Gibb congratulated the Mayor and presented him with a Gulf Stream School backpack that contained several Gulf Stream School momentous. Commissioner Hopkins advised he had discovered that the Mayor had worked as a lifeguard at the Delray Public Beach in 1939/40, for a salary of $75.00 per month. He then presented the Mayor with two items of appropriate beach apparel, one a very small item said to be related to his tenure as a lifeguard, and the other of a size thought to be practical under current circumstances. Commissioner Hopkins closed by complimenting the Mayor and expressing his appreciation for his service. Mayor Koch stated that he was truly surprised by this recognition. He said that he ran for office initially at the urging of two Commissioners and was familiar with the concept of working for nothing but the satisfaction, having already volunteered with the Delray Beach Chamber of Commerce and Bethesda Memorial Hospital Boards. He thanked everyone for their comments, gifts and most of all, their support. The Town Manager invited everyone to stay for coffee and cake after which the Mayor declared a recess at 9:35 A.M. Mayor Koch called the meeting to order at 10:00 A.M. Town Commission - Regular Meeting November 9, 2001 page 3 VII. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting & Public Hearing 12 -14 -01 @ 9 A.M. 2. Regular Meeting & Public Hearing 1 -11 -02 @ 9 A.M. 3. Regular Meeting & Public Hearing 2 -8 -02 @ 9 A.M. 4. Regular Meeting & Public Hearing 3 -8 -02 @ 9 A.M. 5. Regular Meeting & Public Hearing 4 -12 -02 @ 9 A.M. 6. Regular Meeting & Public Hearing 5 -10 -02 @ 9 A.M. Mayor Koch called attention to the above dates. VII. PUBLIC HEARING. There were no ex -parte communications declared and the Town Clerk administered the Oath to William Wietsma. A. Applications for Development Approval 1. An application submitted by William Wietsma Co., Inc., Agent for William and Caroline Wietsma, owners of the property located at 3211 Polo Drive, Gulf Stream, Florida, which is legally described as Lot 5, Replat of Gulf Stream Properties Subdivision. Mayor Koch declared a conflict in that the firm with which he is associated participated in the sale of this property to Mr. Wietsma. He then passed the gavel to Vice Mayor Orthwein. Mr. Wietsma advised that the proposed structure contains 5,530 square feet, the front, setback is 35' (5' more than is required), the side setbacks are 15' with the upper portion being 3518 ", the rear setback is 48' to the one story wing, 62' to the main part of the structure and 84' to the upper portion. He added that the highest point of the roof is 27'2" with a 5 x:12 roof pitch and that the structure is an "H" plan form. Mr. Wietsma advised that the only windows on the second floor are in the front as the adjacent property owner had requested that there be no windows on the second story that would overlook their property. Town Manager Thrasher pointed out that one of the staff recommendations was to redesign the roof to provide a distinction between stories and to break up massive roofs created on the north, south and east elevations. He reported that Mr. Wietsma had originally submitted a design with no break in the roof between the first and second stories, and then changed it by making a small break between stories and inserting molding. He further reported that Urban Design recommended that there be a minimum of 2' of the wall exposed on the second story with corner quoins. Mr. Thrasher advised that the drawing that is before the Commission is a result of the recommendation from the Architectural Review & Planning Board that the height of exposed wall on the second story be equal to the width of 5 quoins in order to break the massive appearance of the roof. Commissioner Devitt asked if the members of the ARPB had seen this particular drawing and was advised that they had not, as Mr. Wietsma had made the drawing as a result of their recommendation. Mr. Devitt remarked that he is reluctant to approve a design that has a blank wall with no windows. Town Commission - Regular Meeting November 9, 2001 page 4 Commissioner Lynch preferred the design with the small separation. Commissioner Hopkins and Vice Mayor Orthwein preferred the original design but were hesitant to second -guess the ARPB recommendation. Commissioner Hopkins suggested that perhaps this should be sent back to the ARPB for another review since they did not actually see the drawing. Mr. Wietsma asked that a decision be made at this time as he needs to demolish the existing structure before the end of November or be held up for 5 months on the project. Attorney Randolph advised that the Commission is the deciding body in these matters. He did not believe members on recommending bodies become offended when there is a difference of opinion. Mr. Randolph pointed out that it would be unfair to the applicant to delay his project when a unanimous recommendation had been rendered by the ARPB. a. Level 3 Architectural /Site Plan Review -To permit the construction of a two -story single family Gulf Stream Bermuda style dwelling, consisting of 5,530 square feet and a swimming pool. Commissioner Devitt moved and Commissioner Hopkins seconded that the Level 3 Architectural /Site Plan Review be approved based on a finding that the proposed structure meets the minimum intent of the Design Manual and applicable review standards with the following conditions: 1) The design of the roof shall be that which was originally submitted with the application with no separation between stories; 2) Additional native trees, shrubs and /or ground covers be added to the planting plan. 3) Patios, decks and pools shall have no elevation greater than 8" above grade with spot elevations provided indicating that this condition has been met. 4) Pool safety barriers shall be installed to conform to current codes. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Vice Mayor Orthwein; AYE. b. Demolition Permit -To permit the demolition of the existing structure. Commissioner Lynch moved to approve the Demolition Permit and Commissioner Devitt seconded the motion. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Vice Mayor Orthwein; AYE. c. Land Clearing Permit -To remove one mango tree. Commissioner Lynch moved and Commissioner Hopkins seconded the motion to approve the Land Clearing Permit to remove /replace landscape materials. .� Roll Call: Comm. Devitt; Aye, Comm. Lynch; AYE, Comm. Hopkins; AYE and Vice Mayor Orthwein; AYE. Vice Mayor Orthwein returned the gavel to Mayor Koch. Town Commission - Regular Meeting November 9, 2001 page 5 IX. Reports. A. Town Manager 1. Old School Road & Polo Drive Project Update Town Manager Thrasher reported that the project is on schedule and that he regretted that it has been necessary to close Old School Road during the day, explaining that there was no alternative. Mr. Thrasher further reported that the existing 24" drainage pipe into Elsie's Pond is so Oworn that groundwater is leaking into it. This has complicated the new installation in that the old pipe has broken several times and has had to be repaired in order to move forward with the new installation. The Town Manager recommended that this pipe be re- lined, if it is salvageable or replaced as soon as possible. He advised that it would be necessary to video the inside in order to determine if it could be re- lined. Mr. Thrasher further reported that he has contacted three firms regarding the re- lining to get an estimate of cost and to determine their schedules. As yet he has not had a reply, but he believed the re- lining would not exceed $60,000, and possibly not that much. He added that if a replacement of the pipe was necessary, the cost usually increases by approximately 25 %. All of the Commissioners agreed that this work should be done as soon as possible and Commissioner Lynch moved that the pipe be re -lined at a cost not to exceed $60,000, with the funds to be taken from Unappropriated Funds, and Commissioner Orthwein seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. B. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 11 -15 -01 @ 8:30 A.M. b. Regular Meeting & Public Hearing 12 -20 -01 @ 8:30 A.M. c. Regular Meeting & Public Hearing 1 -24 -02 @ 8:30 A.M. d. Regular Meeting & Public Hearing 2 -28 -02 @ 8:30 A.M. e. Regular Meeting & Public Hearing 3 -28 -02 @ 8:30 A.M. Mayor Koch called attention to these dates. C. Finance Director 1. Financial Report for October 2001 Town Manager Thrasher reported there is nothing unusual in the Report and that the auditors are currently working in the Town Hall and will have the Financial Statements ready for the December meeting. A preliminary review has revealed that even with all of the work that has been done this past year, it has not been necessary to use any of the unappropriated funds and, in fact, another $19,000 has been added to the Unreserved Fund Balance from the budget for 2000 -2001. Commissioner Lynch moved and Commissioner Hopkins seconded that the Financial Report for October be approved as presented and all voted AYE. D. Police Chief 1. Activity for October 2001 Chief Ward presented his report and there were no questions. N Town Commission - Regular Meeting November 9, 2001 page 6 X. Items for Commission Action. A. Items by Mayor and Commissioners. There were no items by the Commissioners. B. Construction Trailer Requested For 3421 N Ocean Blvd. Mr. Thrasher advised that the contractor has requested Permission to place a construction trailer on the north side of the driveway behind the 6' wall, where it will not be seen. Commissioner Lynch moved and Commissioner Orthwein seconded that approval be given for the placement of a construction trailer as requested. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. C. RESOLUTION NO. 001 -10; A RESOLUTION OF APPRECIATION TO WILLIAM F. KOCH JR. FROM THE TOWN COMMISSION OF THE TOWN OF GULF STREAM. This Resolution was read in its entirety at the beginning of the meeting. Commissioner Orthwein moved and Commissioner Hopkins seconded that Resolution No. 001 -10 be adopted. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. XI. Public. There was no comment from the public. XII. Adjournment. Mayor Koch adjourned the meeting at 10:20 A.M. on a motion to do so made by Commissioner Lynch which was seconded by Commissioner Hopkins with all voting in the affirmative. Rita L. Taylor, To Clerk rvKm tees MMURANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS ST NAME -FIRST NAME - MIDDLE NAME NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE Koch, William F. Jr. 545.Gd3fview Drive CITI COUNTI' Gulf Stream, Palm Beach DATE ON WHICH VOI I,(WCURRED 11 -9 -01 Town Commission WHICH I SERVE IS A UNIT OF: X C H V COUNTY ' OTHER I.00AL AGENCY Town of Gulf Stream WHO MUST FILE FORM AB .g ELECTIVE APPOINTIVE :UH This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited frorh knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. PAGE I 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. OF LOCAL OFFICER'S INTEREST 1, Wi l 1 ; am F _ xnr.h , ,7r. , hereby disclose that on November 9, 2001 19_ (a) A measure came or will come before my agency which (check one) _ inured to my special private gain; or x inured to the special gain of Koch Realty y whom I a employed b lam. (b) The measure before my agency and the nature of my interest in the measure is as follows: An application for development approval was before the Commission on 11 -9 -01 for the property located at 3211 Polo Drive. The firm with which I am associated, .Koch Realty, participated in the sale of the property to William Wietsma, the applicant. Date Filed tgnature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985),'A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY'ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE Ott EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. -E FORM !a - 10.86 PAGE 2