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HomeMy Public PortalAbout07/12/2002July 5, 2002 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, JULY 12, 2002 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 June 7, 2002. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. August 9, 2002 @ 9 A.M. 2. September 13, 2002 @ 9 A.M. 3. October 11, 2002 @ 9 A.M. 4. November 8, 2002 @ 9 A.M. 5. December 13, 2002 @ 9 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Thomas M. Kirchoff, as Agent for Mr. & Mrs. James Orthwein, the owners of property located at 330 Banyan Rd., Gulf Stream, Florida, which is legally described as Lot 3, Block 1, Polo Fields #1 subdivision. a. LAND CLEARING PERMIT to relocate existing landscape material, add new material and re -grade the area. b. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit improvements to the existing single story Gulf Stream Bermuda style dwelling as follows: (1) Additions to include covered entry, loggia, pergola, bay window, garage & laundry area, 1,764 sq. ft. (2) New pool, deck, cabana, 8' privacy wall & Fountain. (3) New roof and new divided pane windows. VIII. Reports. A. Town Manager 1. Update on Polo Cove Drainage Outfall Phase II 2. Status of Little Club proposed agreement B. Architectural Review & Planning Board 1. Meeting Dates a. July 25, 2002 @ 8:30 A.M. b. September 26, 2002 @ 8:30 A.M. c. October 24, 2002 @ 8:30 A.M. C. Finance Director 1. Financial Report for June 2002 D. Police Chief 1. Police Activity for June 2002 Page 2 AGENDA CONTINUED IX. Items for Commission Action. A. Proposed reduction of eave and roof heights on 2 -story homes B. Recommendation to change Public Depositories (Continued from Meeting of June 7, 2002) C. Budget Presentation for Fiscal Year 2002 -2003 1. Budget Consideration 2. Proposed Millage for 2002 -2003 3. Certification of Rolled Back Millage Rate 4. Date of First Public Hearing Toward Budget Adoption S. Date of Second Public Hearing for Final Budget Adoption 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. 286.0105 NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Town Commission of the Town of Gulf Stream will hold a Public Hearing on July 12, 2002 at 9:00 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 Thomas M. Kirchoff, as agent for Mr. & Mrs. James Orthwein, owners of the property located at 330 Banyan Road, legally described as Lot 3, Block 1, Polo Fields, Subdivision, Gulf Stream, Florida, for the following: LAND CLEARING PERMIT to relocate weeping podocarpus tree, add new landscaping and re -grade around existing location. LEVEL III ARCHITECTRUAL SITE PLAN REVIEW to permit improvements to the existing single story Gulf Stream Bermuda style dwelling as follows: 1. Additions to include covered entry, loggia, pergola, bay window, garage and laundry area to existing single story Bermuda style residence, a total of 1,764 sq. ft. 2. New pool, deck, cabana, 8' privacy wall and fountain. 3. New roof and new divided pane windows. This application received an approval from the Architectural Review and Planning Board on May 23, 2002. Due to the scope of demolition, the Town Commission is designated as the final authority. The Town Commission shall make a final decision regarding the subject application at the meeting noticed above. This 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 Town Commission 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 TOWN COMMISSION 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: June 27, 2002 3 1141�1'/ Rita L. Taylor, own Clerk MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JULY 12, 2002 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 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 (arrived later in the meeting) Via Telephone William A. Lynch Commissioner Also Present and William Thrasher Participating: Rita Taylor Garrett Ward James Orthwein Thomas Kirchoff, Bob Syler Town Manager Town Clerk Police Chief Applicant Agent for Mr. Orthwein Agent for Mr. Orthwein IV. Minutes of the Regular Meeting of June 7, 2002. Commissioner Lynch pointed out a typo on page three. Commissioner Devitt moved and Commissioner Orthwein seconded that the minutes be approved as circulated with the correction and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Town Manager Thrasher requested that Item IX.A. be heard after Item VII.A.1. There were no objections. VI. Announcements. A. Regular Meetings and Public Hearings 1. August 9, 2002 @ 9 A.M. 2. September 13, 2002 @ 9 A.M. 3. October 11, 2002 @ 9 A.M. 4. November 8, 2002 @ 9 A.M. 5. December 13, 2002 @ 9 A.M. Mayor Koch announced these meeting dates. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Thomas M. Kirchoff, as Agent for Mr. & Mrs. James Orthwein, the owners of property located at 330 Banyan Rd., Gulf Stream, Florida, which is legally described as Lot 3, Block 1, Polo Fields #1 subdivision. a. LAND CLEARING PERMIT to relocate existing landscape material, add new material and re -grade the area. Regular Meeting & Public Hearing Town Commission -July 12, 2002 Page 2 b. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW.to permit improvements to the existing single story Gulf Stream Bermuda style dwelling as follows: (1) Additions to include covered entry, loggia, pergola, bay window, garage & laundry area, 1,764 sq. ft. (2) New pool, deck, cabana, 8' privacy wall & fountain. (3) New roof and new divided pane windows. Town Clerk Taylor asked if there were any ex -parte communications. Commissioner Devitt disclosed that he represented the Orthweins on the sale of the property and Mr. Orthwein had informed him of the "Red Tag" that was placed on his home. Mrs. Taylor asked all who intended to speak regarding this application to stand and take the Oath, whereupon she administered the oath to James Orthwein, Thomas Kirchoff and Bob Syler. Mr. Kirchoff, agent for Mr. and Mrs. Orthwein, displayed a color rendering of the proposed improvements and explained that the addition to the existing Gulf Stream Bermuda style dwelling includes a tile covered entry, bay window, garage and laundry area. A white concrete tile roof, new pool, deck, cabana and privacy wall are also included. Mayor Koch asked if there were any questions. Mr. Thrasher informed the Commission that the Architectural Review and Planning Board unanimously recommended the application for approval with four conditions. Commissioner Devitt moved and Commissioner Orthwein seconded that the Land Clearing Permit be approved. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, and Mayor Koch; AYE. Commissioner Orthwein moved and Commissioner Devitt seconded Level 3 Architectural Site Plan Review be approved, based on that the proposed 1,746 S.F. addition and modifications meet of the Design Manual and applicable review standards with the conditions: 1. Revised roof material for cabana submitted to Town Manager approval. 2. The reduction of the width of the driveway to less than 20 in order to screen third bay of the garage from road view material. 3. PBC Health Department approval of the septic system shall prior to issuance of a building permit. 4. Gulf Stream Driveway Permit and removal agreement prior to a building permit. that the a finding the intent following for feet wide with plant be required issuance of Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, and Mayor Koch; AYE. Item IX.A. Proposed reduction of eave and roof heights on 2 -story homes was heard at this time. Regular Meeting & Public Hearing Town Commission -July 12, 2002 Page 3 Mark Marsh and Digby Bridges of Bridges and Marsh, at the invitation of the Commission, were present to discuss roof and eave heights. They presented three pages of illustration showing various tie beam heights and how this affects the appearance of the structures. Mr. Marsh and Mr. Bridges felt that the height could be much better controlled if the "preferred ", "discouraged ", and "prohibited" sections were removed regarding eave heights and an acceptable measurement of 12' from top of finished floor to top of tie beam would give the best proportioned structure. Commissioner Hopkins joined the meeting at this point. With regard to the two story structures, they recommended a measurement of 24' from the top of the finished floor of the first story to the top of the tie beam. Mr. Marsh and Mr. Bridges believed the maximum roof height for single story structures should be 22' and 30' for two -story structures. It was also suggested that to better control mass, the code be changed from floor area ratio to cubic volume, or measurement. Commissioner Orthwein commented that the homes that are being built now all seem to be looking alike. Mr. Marsh stated that the families that are moving into the town want the maximum living space and the architects are designing what the Design Manual dictates for each district. Town Manager Thrasher relayed that ARPB Chairman Chris Wheeler suggested that instead of emphasizing the discouraged elements, a list of encouraged elements indicative of the various Gulf Stream District styles be included the next time the Design Manual is revised. It would then be required that one or more of the encouraged features be used in the design. Mayor Koch and the Commission thanked Mr. Marsh and Mr. Bridges for their presentation and stated in order to make the recommended changes the Attorney would have to rewrite portions the Code. VIII. Reports. �l A. Town Manager 1. Update on Polo Cove Drainage Outfall Phase II Mr. Thrasher reported that Phase II of the Polo Cove Outfall is 90 -95% completed. There is positive outfall that goes from Gulf Stream Road to the Intracoastal at Polo Cove. There is some minor finishing work left to be done and the installation of an attachment of the tide flex valve at Polo Cove. There is an engineering report identifying areas that have to be fine - tuned. To date, no monies have been paid out. Mayor Koch declared a recess at 9:50 A.M. and reconvened the meeting at 10:00 A.M. Regular Meeting & Public Hearing Town Commission -July 12, 2002 Page 4 2. Status of Little Club proposed agreement Mr. Thrasher reported that there was no new information from the Little Club. B. Architectural Review & Planning Board 1. Meeting Dates a. July 25, 2002 @ 8:30 A.M. b. September 26, 2002 @ 8:30 A.M. c. October 24, 2002 @ 8:30 A.M. Mayor Koch announced these meeting dates. C. Finance Director 1. Financial Report for June 2002 Town Manager Thrasher reported that presently there is about $1,350,000 in the SBA (State Board of Administration) account, with $1.1 million coming from the General Fund and $247,000 from the Utility Fund. The total revenues year to date are $1,768,471 and expenditures are $1,405,537. Mr. Thrasher explained that the current month's activity shows $150,000 less in expenditures, which is typical at this time of year. The Town has received 97% of the Ad Valorem revenue and this trend will continue for the rest of the year. The Town Manager added that the month of June had the most rainfall in one month since 1947, which will greatly reduce the August water billing. The Town Manager asked that the report be accepted as presented, if there were no questions. There were none. Commissioner Lynch moved and Commissioner Orthwein seconded that the Financial Report for June be approved. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. D. Police Chief 1. Police Activity for June 2002 Police Chief Garrett Ward presented the Department's activity report June 2002. IK. Items for Commission Action. A. Proposed reduction of eave and roof heights on 2 -story homes This Item was heard earlier. B. Recommendation to change Public Depositories (Continued from Meeting of June 7, 2002) Town Manager Thrasher explained that from Bank of America was poor. He to the needs of the Town and require order to reduce the service charge. keeping the bulk of the funds in the the service the Town was receiving advised that the bank is inflexible a minimum balance of $150,000 in He reminded that the Town has been SBA to receive higher interest. Mr. Thrasher called attention to the comparison of Pointe Bank with Bank of America and Sun Trust Bank as researched, and advised that the Florida Department of Banking had directed the staff to various sources of information, leading to the conclusion that Pointe Bank is more strict as it relates to liquidity and the service charges are much less. Regular Meeting & Public Hearing Town Commission -July 12, 2002 Page 5 Commissioner Devitt asked what minimum balance is required at Pointe Bank. Mr. Thrasher said he believes it to be $75,000. Commissioner Orthwein moved and Commissioner Devitt seconded to approve the change of Public Depository from Bank of America to Pointe Bank. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. C. Budget Presentation for Fiscal Year 2002 -2003 1. Budget Consideration Town Manager Thrasher reported that he met with each Commissioner individually except for Commissioner Hopkins, who has been out of the state, but did provide written input on the budget. Mr. Thrasher advised that the Town would be using $250,000 of the unappropriated funds for Capital projects, which is less than projected in the past two years. He reminded that the Commission had expressed at one time a desire to maintain the integrity of the surplus fund. However, no clear direction has been given as to a maximum balance in this fund. The Town Manager advised that in order to replenish what has been taken for capital projects, the Town would need to maintain the current millage of 3.7853 %. Mayor Koch and Commissioner Hopkins did not favor a high surplus, believing the Town could borrow funds in the event of an emergency. Commissioner Orthwein felt the Town should work toward a one million dollar fund, as she is opposed to borrowing. Commissioner Hopkins asked Mr. Thrasher if he could cut the budget by 2% and Mr. Thrasher stated he could cut any amount they wanted. Commissioner Devitt observed that any cut could be made by reducing the Fund Balance. Mayor Koch noted that the Town Manager had not shown any increase in his salary in the budget and proposed his current salary of $64,000 be increased to $67,000, which is approximately the same 5% as shown for other employees. Commissioner Orthwein agreed. Commissioner Lynch favored $69,000. Mayor Koch suggested that this matter be discussed at a future meeting and reminded that any millage established at this meeting may be lowered at a Public Hearing but may not be increased. The Commission requested that the Town Manager prepare an amended budget that includes a 2% reduction for consideration at future meeting. Mr. Thrasher informed the Commission that he attended a mock hurricane meeting at the City of Delray Beach along with Chief Ward. It was pointed out that in the event of a hurricane, the tax base could be cut in half. This would not apply to only one year, but would extend over two or three years until rebuilding was completed. Regular Meeting & Public Hearing Town Commission -July 12, 2002 Page 6 2. Proposed Millage for 2002 -2003 Commissioner Orthwein moved and Commissioner Lynch seconded to approve the Proposed Millage for 2002 -2003 at 3.7853 mills. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. 3. Certification of Rolled Back Millage Rate Commissioner Orthwein moved and Commissioner Lynch seconded to Certify the Rolled Back Millage Rate at 3.5186 mills. I�J1 Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. 4. Date of First Public Hearing Toward Budget Adoption Commissioner Hopkins moved and Commissioner Devitt seconded that the first Public Hearing be held on Wednesday, September 11, 2002, at 5:01 P.M. with the Regular Meeting to be held the same date at 4:00 P.M. in the Town Hall. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. 5. Date of Second Public Hearing for Final Budget Adoption Commissioner Hopkins moved and Commissioner Devitt seconded that the Second Public Hearing for Final Budget Adoption be held on Tuesday, September 24, 2002, at 5:01 P.M. in the Town Hall. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. D. Items by Mayor and Commissioners. There were none. X. Public. There was no comment from the public. XI. Adjournment. Mayor Koch adjourned the meeting at 11:10 A.M. on a motion to do so made by Commissioner Orthwein that was seconded by Commissioner Devitt with all voting in the affirmative. -ZA"' n Manboard D Town Clerk