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.
Publish: Palm Beach Post
Date: September 4, 2002
October 2, 2002
October 12, 2002
TOWN OF GULF STREAM, FLORIDA
Rita L. Taylor Town Clerk
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