HomeMy Public PortalAbout04/12/2002MAYOR: 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
THE TOWN OF GULF STREAM ON FRIDAY, APRIL 12, 2002 AT 8:00
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF
FLORIDA.
AGENDA
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes.
April 5, 2002
COMMISSION OF
A.M., IN THE
STREAM,
A. Regular Meeting of March 8, 2002
B. Certification of Election Returns of March 15, 2002
C. Special Meeting of March 15, 2002
D. Special Meeting of April 1, 2002
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Joint Workshop with ARPB 4 -12 -02 @ 9 A.M.
B. Regular Meetings and Public Hearings
1. Regular Meeting & Public Hearing 6 -14 -02 @ 9 A.M.
2. Regular Meeting & Public Hearing 7 -12 -02 @ 9 A.M.
3. Regular Meeting & Public Hearing 8 -9 -02 @ 9 A.M.
4. Regular Meeting & Public Hearing 9 -13 -02 @ 9 A.M.
5. Regular Meeting & Public Hearing 10 -11 -02 @ 9 A.M.
6. Regular Meeting & Public Hearing 11 -8 -02 @ 9 A.M.
7. Regular Meeting & Public Hearing 12 -13 -02 @ 9 A.M.
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by William Wietsma Co., Inc. as
Agent for Gary and Frankie Stevens, the owners of property
located at 3138 Gulf Stream Road, Gulf Stream, Florida,
which is legally described as Lo 23 & South 25' of Lot 24,
Gulf Stream Properties Subdivision.
a. LAND CLEARING PERMIT to remove Hong Kong orchid,
gumbo - limbo, fiddle leaf fig, loquat and royal palm
trees, to be replaced with new materials.
b. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to demolish the
existing dwelling and construct a new 2 -story Gulf
Stream Bermuda style residence and pool house
consisting of a total of 5,724 square feet.
VIII. Reports.
A. Town Manager
1. Polo Cove Drainage Outfall Update
2. Little Club Drainage Structure & Agreement Update
B. Architectural Review & Planning Board
1. Meeting Dates
a. Joint W
b. Regular
c. Regular
d. Regular
e. Regular
f. Regular
g. Regular
Drkshop with Twn.
Meeting & Public
Meeting & Public
Meeting & Public
Meeting & Public
Meeting & Public
Meeting & Public
Commiss
Hearing
Hearing
Hearing
Hearing
Hearing
Hearing
Lon 4 -12 -02 @ 9
4 -25 -02 @ 8:30
5 -23 -02 @ 8:30
6 -27 -02 @ 8:30
7 -25 -02 @ 8:30
9 -26 -02 @ 8:30
10 -24 -02 @ 8:3
A.M.
A.M.
A.M.
A.M.
A.M.
A.M.
A.M.
AGENDA CONTINUED
C. Finance Director
1. Financial Report for March 2002
2. Water Consumption
D. Police Chief
1. Activity for March 2002
IX. Items for Commission Action.
A. Appointment of a Special Master (Code Enforcement)
B. Ordinance No. 02/1; AN ORDINANCE OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING
CHAPTER 30 OF THE TOWN CODE OF ORDINANCES RELATING TO TRAFFIC
AND VEHICLES, CREATING A NEW SECTION 30 -4, ENTITLED PENALTIES
FOR VIOLATION; PROVIDING FOR SEVERABILITY, PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE. (first reading)
C. Reorganization
1. Election of a Mayor
2. Election of a Vice Mayor
3. Appointment of 2 ARPB Members for 3 year terms each
D. Items by Mayor and Commissioners.
X. Public.
XI. 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. 266.0105
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, APRIL 12, 2002 AT 8:00 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 8 A.M.
II. Pledge of Allegiance. The Mayor led the Pledge of Allegiance.
0 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
Also Present and William Thrasher Town Manager
Participating: John Randolph Town Attorney
Rita Taylor Town Clerk
Garrett Ward Police Chief
William Wietsma Agent for Stevens
IV. Minutes.
A. Regular Meeting of March 8, 2002
B. Certification of Election Returns of March 15, 2002
C. Special Meeting of March 15, 2002
D. Special Meeting of April 1, 2002
Commissioner Lynch moved and Commissioner Hopkins seconded that all of
the above minutes be approved as circulated and all voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
There were no changes in the agenda requested.
VI. Announcements.
A. Joint Workshop with ARPB 4 -12 -02 @ 9 A.M.
B. Regular Meetings and Public Hearings
1. Regular Meeting & Public Hearing 6 -14 -02 @ 9 A.M.
2. Regular Meeting & Public Hearing 7 -12 -02 @ 9 A.M.
3. Regular Meeting & Public Hearing 8 -9 -02 @ 9 A.M.
4. Regular Meeting & Public Hearing 9 -13 -02 @ 9 A.M.
5. Regular Meeting & Public Hearing 10 -11 -02 @ 9 A.M.
6. Regular Meeting & Public Hearing 11 -8 -02 @ 9 A.M.
7. Regular Meeting & Public Hearing 12 -13 -02 @ 9 A.M.
Commissioner Lynch requested that the June meeting be changed to June 7,
2002 and all were in agreement with the change.
VII. PUBLIC HEARING.
The Town Clerk administered the Oath to William Wietsma.
The Commissioners had no ex -parte communications to declare.
Regular Meeting & Public Hearing
Town Commission -April 12, 2002
page 2
A. Applications for Development Approval
1. An application submitted by William Wietsma Co., Inc. as
Agent for Gary and Frankie Stevens, the owners of property
located at 3138 Gulf Stream Road, Gulf Stream, Florida,
which is legally described as Lo 23 & South 25' of Lot 24,
Gulf Stream Properties Subdivision.
William Wietsma displayed a color rendering of the proposed "H" shaped
two story Gulf Stream Bermuda style dwelling with the second story being
over the center portion of the structure. He explained that they are
proposing to demolish the existing home and retain the existing swimming
pool to which they will add a spa. He further explained that a separate
building is planned in back of the house that will be used as an office
for Mr. Stevens, and the garage will be on the north side of the home
with the existing dense hedge along that property line which will screen
the doors.
Commissioner Devitt asked if the separate building would be used as a
guest house to which the reply was no, it will be an office and there
will be no kitchen.
Commissioner Orthwein questioned why the floor elevation is being
proposed at +11.75' when the average of the floor elevations on each
side of the property is +12.5' as recommended by the Town Manager.
Mr. Wietsma advised that the ground elevation of one of the adjacent
properties had been raised with fill to an unnecessary elevation and it
was felt the +11.75' would be more reasonable.
Town Manager Thrasher pointed out that the ARPB had recommended approval
of this application with the condition that a new landscape plan be
approved by the ARPB prior to issuance of a Building Permit.
Mr. Wietsma advised that they had not had time to think through a really
good plan prior to submission but did intend to submit a much better
plan.
a. LAND CLEARING PERMIT to remove Hong Kong orchid,
gumbo - limbo, fiddle leaf fig, loquat and royal palm
trees, to be replaced with new materials.
Commissioner Orthwein moved to approve the Land Clearing Permit and
Commissioner Lynch seconded the motion. 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 demolish the
existing dwelling and construct a new 2 -story Gulf
Stream Bermuda style residence and pool house
consisting of a total of 5,724 square feet.
Commissioner Lynch moved and Commissioner Orthwein seconded that the
Level 3 Architectural /Site Plan, which includes demolition of an
existing structure, be approved based on a finding that the proposed
two -story Gulf Stream Bermuda style residence, pool house and driveway
I
Regular Meeting & Public Hearing
Town Commission -April 12, 2002 page 3
with auto court meet the minimum intent of the Design Manual and
applicable review standards, with the condition that a revised landscape
plan be approved by the ARPB prior to application for a building permit.
Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE,
Comm. Hopkins; AYE and Mayor Koch; AYE.
VIII. Reports.
A. Town Manager
1. Polo Cove Drainage Outfall Update
Town Manager Thrasher reported that the necessary easements have been
obtained and materials for the project will be delivered on Monday with
work to commence on Tuesday at 3211 Polo Dr. He further reported that
the portion of work at 3138 Gulf Stream Road will commence as soon as
the existing structure is demolished.
Mr. Wietsma advised that the demolition would most likely be completed
during the first week in May.
2. Little Club Drainage Structure & Agreement Update
The Town Manager called attention to a letter received from the Little
Club wherein they proposed to split the difference between what they
felt the Town's share, $12,400, should be and what the Town offered,
$4,600. That figure would be $8,500.00. With regard to the renewal of
the agreement between the Town and the Little Club to cover maintenance
of the drainage system, the Club was in favor of another 10 year
agreement at the same percentage, 45% for Gulf Stream and 55% for the
Club. The Club did not feel that the 10% the Town felt to be fair was
valid due to the assumed added water flows through the drainage system
from the property on the east side of the golf course.
After considerable discussion, during which several counter offers were
discussed, Commissioner Orthwein moved that a letter be prepared and
sent to the Little Club, following a review by all Commissioners,
advising that the Town would agree to pay $8,500 as the Gulf Stream
share of the work to commence this month, provided a new 10 year
agreement is executed establishing the Gulf Stream share of maintenance
costs at 35 %, which is the percentage that was used in the 1982
agreement. Commissioner Hopkins 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. Joint Workshop with Twn. Commission 4 -12 -02 @ 9 A.M.
b. Regular Meeting & Public Hearing 4 -25 -02 @ 8:30 A.M.
c. Regular Meeting & Public Hearing 5 -23 -02 @ 8:30 A.M.
d. Regular Meeting & Public Hearing 6 -27 -02 @ 8:30 A.M.
e. Regular Meeting & Public Hearing 7 -25 -02 @ 8:30 A.M.
f. Regular Meeting & Public Hearing 9 -26 -02 @ 8:30 A.M.
g. Regular Meeting & Public Hearing 10 -24 -02 @ 8:30 A.M.
Regular Meeting & Public Hearing
Town Commission -April 12, 2002
page 4
C. Finance Director
1. Financial Report for March 2002
There was no comment regarding this report. Commissioner Lynch moved
and Commissioner Orthwein seconded that the report be approved as
presented and all voted AYE at Roll Call.
2. Water Consumption
The report was acknowledged.
D. Police Chief
1. Activity for March 2002
Chief Ward reported that all members of the Department have been issued,
and have been certified in the proper use of the "Retractable Baton ".
He advised that the training was provided by the Delray Beach P.D.
Professional Standards Division and included re- certification in the use
of pepper spray and handcuffing techniques. In addition, the P.B.
County Division of Emergency Management provided training in the EM 2000
Emergency Management Computer Program for members of the Department and
Town Hall staff.
IX. Items for Commission Action.
A. Appointment of a Special Master (Code Enforcement)
The Town Clerk advised that the Special Master that had been engaged
several years earlier is no longer handling this type of work. She
further reported that the Law Offices of Glen Torcivia are handling the
majority of this type of work in Palm Beach County. Several contacts
were made and favorable recommendations regarding performance were
received. The Clerk called attention to the material in the agenda
packet and pointed out that no retainer was required and the fee for the
Special Master services would be $130.00 per hour.
Commissioner Lynch moved and Commissioner Orthwein seconded that the Law
Office of Glen J. Torcivia be appointed to serve as Special Master for
the Town at $130.00 per hour. Roll Call: Comm. Orthwein; AYE, Comm.
Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE.
B. Ordinance No. 02/1; AN ORDINANCE OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING
CHAPTER 30 OF THE TOWN CODE OF ORDINANCES RELATING TO TRAFFIC
AND VEHICLES, CREATING A NEW SECTION 30 -4, ENTITLED PENALTIES
FOR VIOLATION; PROVIDING FOR SEVERABILITY, PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE. (first reading)
The Town Clerk read Ordinance No. 02/1 by title. Commissioner Lynch
moved and Commissioner Orthwein seconded that this ordinance be adopted
on first reading. There was no comment from the public. Roll Call:
Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins;
AYE and Mayor Koch; AYE.
C. Reorganization
1. Election of a Mayor
Commissioner Orthwein moved that Mayor Koch be re- elected to serve as
Mayor and Commissioner Devitt seconded the motion. Roll Call: Comm.
Orthwein AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE
and Mayor Koch; AYE.
Regular Meeting & Public Hearing
Town Commission -April 12, 2002
page 5
2. Election of a Vice Mayor
Commissioner Hopkins moved and Commissioner Devitt seconded that Vice
Mayor Orthwein be re- elected to serve as Vice Mayor. Roll Call: Comm.
Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE
and Mayor Koch; AYE.
3. Appointment of 2 ARPB Members for 3 year terms each
Commissioner Orthwein moved that Chris Wheeler and Hewlett Kent be re-
appointed to serve a 3 year term each as members on the Architectural
Review and Planning Board. Roll Call: Comm. Orthwein; AYE, Comm.
Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE.
A. Items by Mayor and Commissioners.
There were no items from the Mayor or Commissioners.
X. Public. There was no comment from the public.
XI. Adjournment. Mayor Koch adjourned the meeting at 8:50 A.M. on a
motion to do so made by Commissioner Lynch that was seconded by
Commissioner Orthwein with all voting in the affirmative.
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Rita L. Taylor, T n Clerk