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HomeMy Public PortalAbout08/09/2002IN O 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 THE TOWN OF GULF STREAM ON FRIDAY, AUGUST 9, 2002 AT COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, FLORIDA. ae-PTo Ell I. Call to Order. II. Pledge of Allegiance. III. Roll Call. August 2, 2002 TOWN COMMISSION OF 9:00 A.M., IN THE GULF STREAM, IV. Minutes of the Regular Meeting of July 12, 2002 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. September 11, 2002 @ 4 P.M.- Regular Meeting 2. September 11, 2002 @ 5:01 P.M.- Tentative Budget Hearing 3. September 24, 2002 @ 5:01 P.M. -Final Budget Hearing 4. October 11, 2002 @ 9 A.M. - Regular Meeting & Pub. Hearing 5. November 8, 2002 @ 9 A.M. - Regular Meeting & Pub. Hearing 6. December 13, 2002 @ 9 A.M. - Regular Meeting & Pub. Hearing VII. Reports. A. Town Manager 1. Little Club Update 2. ARPB discussion RE: Eave & Roof Heights 3. Sewer Feasibility Study Update 4. 2002 -2003 Tentative Budget Discussion B. Architectural Review & Planning Board 1. Meeting Dates a. September 19, 2002 @ 8:30 A.M. b. October 24, 2002 @ 8 :30 A.M. c. November 21, 2002 @ 8:30 A.M. d. December 19, 2002 @ 8:30 A.M. e. January 23, 2003 @ 8:30 A.M. f. February 27, 2003 @ 8:30 A.M. C. Finance Director 1. Financial Report for July 2002 2. Water Usage as of July 31, 2002 D. Police Chief 1. Activity for July 2002 VIII. Items for Commission Action. A. Items by Mayor and Commissioners. IX. Public. X. 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, AUGUST 9, 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: Fred B. Devitt III Commissioner Robert W. Hopkins II Commissioner Via Telephone: Joan Orthwein Vice Mayor William Lynch Commissioner Also Present and Participating: William Thrasher John Randolph Rita Taylor Garrett Ward Town Manager Town Attorney Town Clerk Police Chief IV. Minutes of the Regular Meeting of July 12, 2002. Commissioner Hopkins moved and Commissioner Devitt seconded that the minutes be approved as circulated and all voted AYE. 1U VI Mayor budget ons, withdrawals, deferrals, a were no changes in the agenda requested. of agenda i Announcements. A. Regular Meetings and Public Hearings 1. September 11, 2002 @ 4 P.M.- Regular Meeting 2. September 11, 2002 @ 5:01 P.M.- Tentative Budget Hearing 3. September 24, 2002 @ 5:01 P.M. -Final Budget Hearing 4. October 11, 2002 @ 9 A.M. - Regular Meeting & Pub. Hearing 5. November 8, 2002 @ 9 A.M. - Regular Meeting & Pub. Hearing 6. December 13, 2002 @ 9 A.M. - Regular Meeting & Pub. Hearing Koch called attention to the above dates and reminded that the adoption process will take place at the September meetings. VII. Reports. A. Town Manager J 1. Little Club Update Town Manager Thrasher reported that there has been no reply from the Little Club to the letter sent by Mayor Koch on July 26, 2002 regarding the renewal of the Drainage Maintenance Agreement. He asked for direction on two issues, the first being how long we should wait before taking further action. Mr. Thrasher advised that he had discussed this with Attorney Randolph and would like to have him comment at this time. Attorney Randolph stated that it is imperative that this be resolved as the agreement is about to expire. He recommended that, if a reply from the Little Club is not received within the next few days, he write a N ►J Town Commission Regular Meeting August 9, 2002 Page 2 letter on behalf of the Town advising that we need to have this resolved immediately and we need a meeting with them and their attorney to discuss the matter. Commissioner Hopkins asked what the scenario would be if the agreement expires without a resolution. Attorney Randolph stated his position is that the Town would continue to drain across that property and that it has the right to do that. He pointed out that in their last letter they indicated it was a privilege for the Town to drain into their system when in fact we believe the Town has the right to drain across their property based on historical documents that have been found in the files. He believed the Little Club officials are not aware of this. Commissioner Hopkins moved and Commissioner Lynch seconded to take the advise of the attorney and authorize him to write a letter to the Little Club along the outline discussed. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, Comm. Devitt; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. Town Manager Thrasher reminded that in April the Town had stated they would pay $8,500 as their share of the recent work done on the drainage system. Since that time records have been found that indicate the engineers stated that the system would be designed at a depth of 2 feet. He believed this proves that the lake was dredged to a greater depth to obtain material to increase the height of the banks, which is a capital improvement and not a maintenance item. As such the Town would not be responsible for sharing the cost. In view of this, he recommended that the Town not pay the $8,500. Commissioner Orthwein asked if there would be a legal problem in doing SO. Attorney Randolph stated this would not be a problem if evidence had surfaced after the fact that had caused the Commissioners to change their minds. With regard to the current agreement, he advised that if the Town fails to pay because of a disagreement, the Club is to be advised of this within 30 days. If a settlement were not reached, the matter would then go to arbitration. Mayor Koch and the Town Manager reported that during an earlier meeting that was held with officials of the Little Club, it was stated by Mr. Seidensticker that payment for a portion of the work that has been done and execution of a new agreement are being considered as one issue. Attorney Randolph suggested he include the matter of withholding payment in the letter he has been authorized to write, explaining the reason being that a new agreement has not been executed. Town Commission Regular Meeting August 9, 2002 Page 3 The Commissioners were agreeable to this suggestion and Commissioner Hopkins and Commissioner Orthwein urged that a deadline to respond be included in the letter to bring this to a prompt conclusion. 2. ARPB discussion RE: Eave & Roof Heights The Town Manager reported that Mark Marsh gave the same presentation on this subject as he had given to the Commission and the ARPB members who were present felt this approach has merit. However, inasmuch as there ;F were only 3 members present, the Board suggested that a joint meeting be held when all members of both groups are available. They also requested that at such meeting, a discussion also be held regarding the addition of encouraged elements of design to the Manual. 3. Sewer Feasibility Study Update Mr. Thrasher reported that the Study is moving along on schedule and he has been advised that a preliminary report will be delivered to him on August 12, 2002 for a review with a final report to follow within 30 days. 4. 2002 -2003 Tentative Budget Discussion Town Manager Thrasher called attention to the second draft of the 2003 Tentative Budget, advising that he had prepared two options, each of which reflects a 2% reduction. He explained that Option 1 includes reducing the capital expenditures $25,000 ($20,000 to bury electric lines and $5,000 to enclose the maintenance building), reduced health insurance cost by $10,500, increased professional services by $10,000 offset by a reduction in the contingency. He pointed out that in this option, the millage rate remains the same as was originally proposed, 3.7853. The Option 2 reflects the same changes but lowers the millage 2% to 3.0783. The Town Manager recommended approval of Option 1 to keep the millage as originally proposed, which is the same as was adopted in the 2001 -2002 budget. Commissioner Orthwein moved to approve Option 1 and Commissioner Lynch seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, Comm. Devitt; AYE, Comm. Hopkins; NAY and Mayor Koch; NAY. inasmuch as the Commission had decided at the last meeting to delay action on the salary figure for the Town Manager until this meeting, that issue was reviewed at this time. Mayor Koch had suggested an increase to $67,000 and Commissioner Lynch had favored an increase to $69,000. Commissioner Orthwein suggested a comprise with an increase to $68,000 and then moved that a salary of $68,000 be included in the budget for the Town Manager. Commissioner Lynch seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, Comm. Devitt; AYE, Comm. Hopkins; NAY, and Mayor Koch; NAY. B. Architectural Review & Planning Board 1. Meeting Dates a. September 19, 2002 @ 8:30 A.M. b. October 24, 2002 Q 8:30 A.M. c. November 21, 2002 Q 8:30 A.M. Town Commission Regular Meeting August 9, 2002 Page 4 d. December 19, 2002 @ 8:30 A.M. e. January 23, 2003 @ 8:30 A.M. f. February 27, 2003 @ 8:30 A.M. Mayor Koch called attention to these dates. C. Finance Director 1. Financial Report for July 2002 Mayor Koch observed that it appears there will be a surplus. However, Town Manager Thrasher stated that he guarantees that by the end of the fiscal year there will be no surplus. Commissioner Devitt moved to accept the report as circulated and Commissioner Orthwein seconded the motion. All voted AYE. 1. Water Usage as of July 31, 2002 The Water Usage Report was made a part of the official record. D. Police Chief 1. Activity for July 2002 Chief Ward presented his report and then advised that he would like to take this opportunity to discuss the matter of the feral cats. He advised that only two cats were trapped this month and it is clear that the current approach is not effective. He further advised that he had researched this problem and the most effective approach is known as trap, neuter and release. The Chief stated he had been contacted by a resident who is anxious to help implement this type of program. There are 3 known persons who are feeding the cats. They would be contacted by the volunteer and requested to cooperate in the endeavor, which will result in the cats being returned to the area. Chief Ward went on to explain that the "feeders" will be asked not to feed the cats for several days, which will force them into the baited traps. They will then be taken to a vet to be neutered and examined for diseases. The cats will then be returned to the area they were taken from. They will not reproduce and, being territorial, will not let other cats move into the colony. In closing he advised that the volunteer would solicit donations to fund this program. The Commissioners directed the staff to move forward with this program. Mayor Koch suggested that if the "feeders" do not cooperate in this program, they be fined under the County Ordinance. VIII. Items for Commission Action. A. Items by Mayor and Commissioners. There were no items by the Mayor or the Commissioners. IX. Public. There was no comment from the public. X. Adjournment. Mayor Koch adjourned the meeting at 9:45 A.M. on a motion to do so made by Commissioner Hopkins and seconded by Commissioner Devitt with all voting in the affirmative. /7,x / 7:i;� Rita L. Taylor Town 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 September 19, 2002, at 8:30 A.M., and the Town Commission will hold a Public Hearing on October, 18, 2002, 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: L An application submitted by Rustem Kupi, as agent for Georgina Bissell, the owner of the property located at 3433 Gulf Stream Road, Gulf Stream, Florida, which is legally described as Lot 52, Gulf Stream Properties No. 2, Palm Beach County, Florida. Level 3 Architectural Site Plan Review to permit demolition of the existing structure and construction of a two -story single family Gulf Stream Bermuda style home consisting of 5,416 square feet with a swimming pool, cabana and covered loggia. 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 their respective 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 TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS, 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, uF.S.S. TOWN OF GULF STREAM, FLORIDA Dated: September 6, 2002 Rita L. Taylor, Town 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 September 19, 2002 at 8:30 A.M., and the Town Commission will hold a Public Hearing on October 18, 2002 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: An application submitted by Mark Marsh, as agent for Walter South, LLC, the owner of the property located at 2423 N. Ocean Blvd., Gulf Stream, Florida, which is legally described in metes and bounds as three adjacent parcels located in Government Lot 3, Section 3, Township 46 South, Range 43 East in the Town of Gulf Stream, Palm Beach County, Florida, requesting a 1. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the demolition of all structures on the parcel and construct a partial two story, Mediterranean style, single family dwelling consisting of 8,657.6 square feet. 2. SPECIAL EXCEPTION #1 to permit a rear setback of it feet as measured at the nearest corner of the structure. 3. SPECIAL EXCEPTION #2 to permit a west side setback of 7 feet for the accessory fountain. 4. VARIANCE to permit an encroachment of 23.48 feet into the East side setback (beach side). 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. IDSHOULD 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 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. 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