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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. /4)4�� Rita L. Taylor, T n Clerk