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Home My Public Portal About12/13/2002December 6, 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, DECEMBER 13, 2002 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. d I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes of the Regular Meeting of November 8, 2002. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. January 10, 2003 @ 9 A.M. 2. February 14, 2003 @ 9 A.M. 3. March 14, 2003 @ 9 A.M. 4. April 11, 2003 @ 9 A.M. 5. May 9, 2003 @ 9 A.M. 6. June 13, 2003 @ 9 A.M. VII. Reports. A. Town Manager 1. Little Club Update 2. Sewer Feasibility Update B. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meting & Public Hearing 12 -19 -02 @ 8:30 A.M. b. Regular Meeting & Public Hearing 1 -23 -03 @ 8:30 A.M. c. Regular Meeting & Public Hearing 2 -27 -03 @ 8:30 A.M d. Regular Meeting & Public Hearing 3 -27 -03 @ 8:30 A.M. e. Regular Meeting & Public Hearing 4 -24 -03 @ 8:30 A.M. C. Finance Director 1. Financial Report for November 2002 2. Water Usage as of November 30, 2002 D. Police Chief 1. Activity for November 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 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 December 19, 2002 at 8:30 A.M., and the Town Commission will hold a Public Hearing on January 10, 2003 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: C An application submitted by Brian McCarron, as agent for Robert O'Reilly, contract purchaser of the property located at 3310 Oleander Way, Gulf Stream, Florida, which is legally described as Lot 43A & Lot 44 less the north 501, Gulf Stream Properties #2 subdivision for: 1.LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the demolition of the existing structures and the construction of a 5,491 square foot two -story Bermuda style single family dwelling with a three -car garage, basement and swimming pool. 2. SPECIAL EXCEPTION to exceed the Floor Area Ratio by 105 square feet for un- enclosed patio /loggia area. 3. LAND CLEARING PERMIT to remove overgrown vegetation and permit the reorientation of the structure to face Lakeview Drive rather than Oleander Way. 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. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT fO 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. Dated: December 5, 2002 TOWN OF GULF STREAM, FFL--O�RID ..ACT Rita L. Taylor, MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 13, 2002 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Vice Mayor Orthwein called the meeting to order at 9 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by Vice lJ Mayor Orthwein. III. Roll Call. Present and Joan K. Orthwein Vice Mayor Participating: Fred B. Devitt III Commissioner Robert W. Hopkins II Commissioner William A. Lynch Commissioner Absent with William F. Koch, Jr. Mayor Notice: Also Present and: William Thrasher Town Manager Participating Rita Taylor Town Clerk Garrett Ward Police Chief Mike Sothen Town Auditor IV. Minutes of the Regular Meeting of November 8, 2002. Commissioner Lynch moved and Commissioner Hopkins seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrant There were no changes requested in the at. VI. Announcements. A. Regular Meetings and Public Hearings 1. January 10, 2003 @ 9 A.M. 2. February 14, 2003 @ 9 A.M. 3. March 14, 2003 @ 9 A.M. 4. April 11, 2003 @ 9 A.M. 5. May 9, 2003 @ 9 A.M. 6. June 13, 2003 @ 9 A.M. Vice Mayor Orthwein announced these dates. of VII. Reports. A. Town Manager 1. Presentation Audit Fiscal Year 2001/2002 Town Manager Thrasher introduced Mike Sothen, Town Auditor. Mr. Sothen called attention to the Independent Auditor's Report that detailed what is referred to as a "clean audit opinion ". In addition, he pointed out that while the Combined Balance Sheet shows a total of 1.1 million dollars in cash and investments, a liability of 246,000 is Regular Meeting & Public Hearing Town Commission - December 13, 2002 Page 2 shown due to the Water Fund leaving $853,000 cash in the General Fund. The audit further reflects $778,786 that is unreserved and available to be appropriated in the future. Mr. Sothen advised that the pension fund has decreased as compared to last year due to $55,000 in market losses and former employee Robert Schultz transferring $150, 000 into another fund. The last item of note on the Balance Sheet was an increase of $470,000 in General Fixed Assets due to the completion of several large capital projects during the past year. With regard to the Fund Balance in the General Fund, an increase of $8,927 is reflected and a net income of $104,250 is shown in the Proprietary Fund. The reason for a net decrease of $102,264 in the Pension Trust Fund was previously explained. In closing, Mr. Sothen advised that there are no significant non - compliances, no material weaknesses, no comments from the auditors and all applicable State Statutes have been complied with. He thanked the staff for their cooperation and timely preparation for the audit. Commissioner Devitt commented the staff on how fast the audit was completed. Commissioner Hopkins asked Mr. Sothen how many towns they audited and how Gulf Stream would place in the financial operation of the Town. Mr. Sothen stated he has responsibility for 7 towns and the firm has a total of 15 municipalities. He placed Gulf Stream first in the 7 he is responsible for and complemented Mr. Thrasher who then complemented the staff. Commissioner Lynch moved and Commissioner Hopkins seconded to approve and accept the audit as presented and all voted AYE at Roll Call. Town Manager Thrasher advised the Commission that periodically the personnel policy is reviewed to budget for employee benefits. There have been discussions in the past regarding adding an additional holiday to the list of holidays that are now provided to Town employees. Specifically Martin Luther King, Jr. Day, which is the third Monday of January. He asked if there were any discussions. There were none. C Commissioner Lynch moved and Commissioner Hopkins seconded to add Martin Luther King, Jr. Day as an additional holiday for Town employees. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Vice Mayor Orthwein; AYE. 2. Little Club Update Town Manager Thrasher reported that he has a proposed draft letter from Attorney Randolph to The Little Club, which includes the payment of $8500.00, from a previous billing, to be delivered before an agreement has been reached. Mr. Thrasher explained that there are two options, one is to pay $3300 annually for repair and maintenance plus $2800 Regular Meeting & Public Hearing Town Commission - December 13, 2002 Page 3 annually for non - recurring capital improvements, or pay a fixed amount of $4300.00 annually plus a CPI adjustment. The Commissioners discussed the agreement relating to the nonrecurring maintenance standard upkeep, and agreed that this is acceptable, but they thought the non - recurring capital improvement item of $2800 per year is not justified. Commissioner Lynch was concerned that The Little Club has not submitted any calculations signed by an engineer to the Town. The Commissioner was convinced that the agreement would not be the right thing to do. Town Manager Thrasher recommended a percentage approach but believes a fixed amount of $4300.00 annually, plus CPI, could be agreeable for the long term and administratively. Commissioner Devitt moved and Commissioner Lynch seconded to pay $4000.00 annually for recurring and non - recurring maintenance with an adjustment for CPI plus the $8500.00 from the previous billing. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Vice Mayor Orthwein; AYE. 3. Sewer Feasibility Update Town Manager Thrasher informed the Commission that he is working with a representative from the State in applying for 4.9 million dollars in appropriations for the sewer project. He estimated the entire project would cost 10 million dollars. B. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meting & Public Hearing 12 -19 -02 @ 8:30 A.M. b. Regular Meeting & Public Hearing 1 -23 -03 @ 8:30 A.M. c. Regular Meeting & Public Hearing 2 -27 -03 @ 8:30 A.M d. Regular Meeting & Public Hearing 3 -27 -03 @ 8:30 A.M. e. Regular Meeting & Public Hearing 4 -24 -03 @ 8:30 A.M. Vice Mayor Orthwein called attention to these dates. C. Finance Director 1. Financial Report for November 2002 Town Manager Thrasher asked that his report be accepted as submitted if there were no questions. There were none. Commissioner Lynch moved and Commissioner Hopkins seconded to approve the Financial Report. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Vice Mayor Orthwein; AYE. 2. Water Usage as of November 30, 2002 The Water Usage Report was made a part of the official record. D. Police Chief 1. Activity for November 2002 Chief Ward informed the Commission that the Police Department is in the second phase of the computer network system. He explained that the Regular Meeting & Public Hearing Town Commission - December 13, 2002 Page 4 officers could now transmit and receive information from the station and process reports while in the field. The Chief asked that his report be accepted as submitted if there were no questions. Commissioner Hopkins asked if the Town's resident decals are issued to Onon- residents and if there were special privileges in having the decals. He also questioned the high volume of ordinance violations. Chief Ward explained that the decals are issued to Town residents only; the residents are requested to remove the decals when the vehicle is sold or traded. The Chief said there are no special privileges in having the decals; it is just a form of identification. Chief Ward further explained that the increase in Town Ordinance violations are mostly due to unregistered contractors. VIII. Items for Commission Action. A. Items by Mayor and Commissioners. There was none. IX. Public. There was no comment from the public. X. Adjournment. Vice Mayor Orthwein adjourned the meeting at 9:40 A.M. on a motion to do so made by Commissioner Lynch and seconded by Commissioner Devitt with all voting in the affirmative. Yv nne Manboard, CMC Deputy Town Clerk N