HomeMy Public PortalAbout02/14/2003February 7, 2003
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, FEBRUARY 14,2003, 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 January 10, 2003.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
I. March 14, 2003 @ 9 A.M.
2. April 11, 2003 @ 9 A.M.
3. May 9, 2003 @ 9 A.M.
4. June 13, 2003 @ 9 A.M.
5. July 11, 2003 @ 9 A.M.
G. August 8, 2003 @ 9 A.M.
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by Brian McCarron, as Agent for
Robert O'Reilly, the owner 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.
a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
demolition of the existing structures and the con-
struction of a 5,491 square foot two -story Bermuda
style single family dwelling with a three -car garage,
basement and swimming pool.
b. SPECIAL EXCEPTION to exceed the Floor Area Ratio by
105 square feet for un- enclosed patio /loggia area.
c. LAND CLEARING PERMIT to remove overgrown vegetation
and permit the reorientation of the structure to face
Lakeview Drive rather than Oleander Way.
VIII. Reports.
A. Town Manager
1. Feral Cat Program Update
2. Little Club Update
B. Architectural Review & Planning Board
1. Meeting Dates
a. February 27, 2003 @ 8:30 A.M.
b. March 27, 2003 @ 8:30 A.M.
C. April 24, 2003 @ 8:30 A.M.
d. May 22, 2003 @ 8:30 A.M.
e. June 26, 2003 @ 8:30 A.M.
2. Establishment of procedures for presenting projects
C. Finance Director
1. Financial Report for January 2003
2. Water Usage as of January 31, 2003
XI. Public.
n XII. 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
AGENDA CONTINUED
D.
Police Chief
1. Activity for January 2003
IX. Items for Commission Action.
A.
Drafts of proposed Ordinances
1. #03/1 to lower eave heights on two -story dwellings in all
single family districts except Beachfront and Ocean West
2. #03/2 to include additional standards for review of
development applications
B.
Resolutions
1. NO. 003 -1: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, URGING THE
FLORIDA LEGISLATURE TO ENACT LEGISLATION AUTHORIZING
COUNTIES AND MUNICIPALITIES, AT THEIR OPTION, TO
COLLECTLOCAL GOVERNMENT CODE ENFORCEMENT FINES IN THE SAME
MANNER AS NON -AD VALOREM ASSESSMENTS.
2. NO. 003 -2: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ACCEPTING
JURISDICTION OF COUNTY ROADS PREVIOUSLY TRANSFERRED TO
THE TOWN BY THE COUNTY PURSUANT TO COUNTY RESOLUTION NO.
R -81 -351 AND RESOLUTION NO. R -81 -805; PROVIDING AN
EFFECTIVE DATE.
C.
Police and Fire Communications Agreement -City of Delray Beach
D.
Items by Mayor and Commissioners.
X. Correspondence.
A.
Resolution No. 68 -2002 of the City of Lake Worth, Florida, to
The Florida Legislature, urging the enactment of legislation
authorizing counties and municipalities, at their option, to
collect local government code enforcement fines in the same
manner as non -ad valorem assessments; providing for
distribution; providing an effective date.
XI. Public.
n XII. 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, FEBRUARY 14, 2003, 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.
Participating:Joan K. Orthwein
Fred B. Devitt III
Robert W. Hopkins II
William A. Lynch
Also Present and William Thrasher
Participating:John Randolph
Rita Taylor
Garrett Ward
Brian McCarron
Dr. Curtis True
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Attorney
Town Clerk
Police Chief
Agent for O'Reilly
Resident
IV. Minutes of the Regular Meeting of January 10, 2003.
Commissioner Devitt moved and Commissioner Hopkins seconded that
the minutes be approved as circulated and all voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Town Manager Thrasher requested to withdraw Item IX.B.2. and Item
IX.C. and then requested that Item IX.E., Extension of Development
Approval at 2918 N. Ocean Boulevard be added. There were no objections.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. March 14, 2003 @ 9 A.M.
2. April 11, 2003 @ 9 A.M.
3. May 9, 2003 @ 9 A.M.
4. June 13, 2003 @ 9 A.M.
5. July 11, 2003 @ 9 A.M.
6. August 8, 2003 @ 9 A.M.
Mayor Koch announced these dates. Commissioner Hopkins advised he would
not be available for the April 11th meeting.
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by Brian McCarron, as Agent for
Robert O'Reilly, the owner 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.
Regular Meeting & Public Hearing
Town Commission - February 14, 2003 Page 2
Town Clerk Taylor asked that all persons who intended to speak please
stand to take the Oath. The Town Clerk administered the Oath to Brian
McCarron.
Town Clerk Taylor then asked if there were any ex -parte communications
to declare. Commissioner Devitt disclosed that he had spoken with Town
Manager Thrasher regarding the property.
Brian McCarron, agent for the O'Reilly's displayed a color rendering of
the proposed improvements and explained that they are demolishing the
existing house and reorienting the new structure to face Lakeview Drive
rather than Oleander Way.
Mayor Koch asked if the ARPB had approved the application. Town Manager
Thrasher informed the Commission that the ARPB had approved the
application with the condition that more areca palms be planted for a
denser hedge along the east side of the property.
Commissioner Devitt asked if facia was added to the entire house and Mr.
McCarron said yes.
The Commissioners complimented the design of the house.
a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
demolition of the existing structures and the con-
struction of a 5,491 square foot two -story Bermuda
style single family dwelling with a three -car garage,
basement and swimming pool.
Commissioner Devitt moved and Commissioner Lynch seconded to approve the
Level 3 Architectural /Site Plan Review based on a finding that the
proposed 5,491 square foot two -story Gulf Steam Bermuda style single -
family dwelling meets the minimum intent of the Design Manual and
applicable review standards, with the following conditions: 1) PBC
Health Department approval of the septic system shall be required prior
to issuance of a building permit. 2) Gulf Stream Driveway Permit and
removal agreement prior to issuance of a building permit. 3) Design
pool with drainage built into the swale. 4) Double the amount of areca
palms for privacy hedge, to be planted staggered.
Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE,
Comm. Orthwein; AYE, and Mayor Koch; AYE.
b. SPECIAL EXCEPTION to exceed the Floor Area Ratio by
105 square feet for un- enclosed patio /loggia area.
Cl Commissioner Lynch moved and Commissioner Devitt seconded to approve the
Special Exception with the following condition: Prior to the issuance of
a certificate of occupancy, the owner shall record a deed restriction
requiring that 315 S.F. of loggia and patio area shall forever remain
unenclosed as long as the structure exists. Roll Call: Comm. Devitt;
AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor
Koch; AYE.
c. LAND CLEARING PERMIT to remove overgrown vegetation
and permit the reorientation of the structure to face
Lakeview Drive rather than Oleander Way.
Regular Meeting & Public Hearing
Town Commission - February 14, 2003 Page 3
Commissioner Lynch moved and Commissioner Devitt seconded to approve the
Land Clearing Permit. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE,
Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE.
VIII. Reports.
A. Town Manager
1. Feral Cat Program Update
Cl Town Manager Thrasher reported that the fundraiser given by the
Hosokawas for the feral cat program was a success. Mr. Thrasher said to
date, a total of $4848 was collected. He added that the resident with a
number of cats on her property has agreed to allow six traps to be
placed in her yard, with the condition that the cats that are caught be
taken to her veterinarian for neutering and return.
Mr. Thrasher asked the Commissioners if the suggested thank you letter
to the Hosokawas was suitable. The Commissioners agreed that the letter
was good. Mrs. Orthwein suggested sending a thank you letter to the
Civic Association when their contribution was received.
2. Little Club Update
Town Manager Thrasher explained that Dr. True, a town resident, was
helping with The Little Club negotiations. He requested that Dr. True
update the Commissioners.
Dr. True explained that The Little Club has accepted the Town's offer of
$4500.00 annually for recurring and non - recurring expenses, related to
the Town's share of expenses for maintenance and operation of the
drainage system. Additionally, the amount will be revised annually in
accordance with the Consumer Price Index. He thanked the Commissioners,
Attorney Randolph, Town Manager Thrasher and Town Clerk Taylor for their
time and patience with The Little Club negotiations and apologized for
all the inconvenience.
Mayor Koch asked if the board was satisfied with The Little Club
agreement. He thanked Dr. True for being a facilitator in this tedious
negotiation.
Commissioner Devitt commented that he is thankful that Dr. True got
involved to help bring this process to an end.
The Commissioners accepted the agreement as submitted. Commissioner
(� Devitt moved and Commissioner Lynch seconded to accept the agreement
from The Little Club as submitted and that the Mayor and the Town clerk
be authorize to execute it. Roll Call: Comm. Devitt; AYE, Comm. Lynch;
AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE.
Town Manager Thrasher requested of the Commission that the first year
contract amount of $4500 plus associated legal fees be taken from
unappropriated funds.
Commissioner Devitt moved and Commissioner Orthwein seconded that the
first year contract funds plus legal fees be taken from unappropriated
Regular Meeting & Public Hearing
Town Commission - February 14, 2003 Page 4
funds. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins;
AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE.
B. Architectural Review & Planning Board
1. Meeting Dates
a. February 27, 2003 @ 8:30 A.M.
b. March 27, 2003 @ 8:30 A.M.
c. April 24, 2003 @ 8:30 A.M.
d. May 22, 2003 @ 8:30 A.M.
e. June 26, 2003 @ 8:30 A.M.
Mayor Koch called attention to these dates.
2. Establishment of procedures for presenting projects
Town Clerk Taylor explained that in previous ARPB meetings, several
different architects did not have adequate material for presentation. An
architect at one of the meetings commented on the lack of
professionalism in some of the presentations to the Board by architects.
It was suggested that the Board adopt set procedures for a more formal
standardized presentation and staff was directed to prepare procedures,
which was done. At their last meeting the ARPB adopted the procedures
and thought the Commission might also be interested in doing this.
Attorney Randolph suggested changing "will" to "may" in the first
paragraph of the procedure to provide the Commission with more
discretion in deciding if they would consider the application.
Commissioner Devitt moved and Commissioner Lynch seconded to approve the
procedures for presenting projects with the change of "will" to "may" in
the let paragraph. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm.
Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE.
C. Finance Director
1. Financial Report for January 2003
Town Manager Thrasher asked that his report be accepted as submitted, if
there were no questions. Commissioner Devitt asked if there was anything
out of the ordinary. Mr. Thrasher stated that the Town is starting to
experience a problem in the water fund. He explained that the Town has
not increased the water rates in over seven years and the City of Delray
increases their rates annually, and they have recently change out their
water meters. Mr. Thrasher said at this time he has no recommendation
for new water rates but that will be part of the budget process and
requires further study.
UCommissioner Devitt moved and Commissioner Lynch seconded to approve the
Financial Report. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm.
Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE.
1. Water Usage as of January 31, 2003
The water usage report was made a part of the official record.
D. Police Chief
1. Activity for January 2003
Chief Ward asked that the report be accepted as submitted and added that
the department took delivery of two new police vehicles, which are
presently being outfitted.
Regular Meeting & Public Hearing
Town Commission - February 14, 2003 Page 5
IX. Items for Commission Action.
A. Drafts of proposed Ordinances
1. #03/1 to lower eave heights on two -story dwellings in all
single family districts except Beachfront and Ocean West
Town Clerk Taylor read Ordinance #03/1 by title. Ms. Taylor explained
that this item had previous approval from the Commission. The draft was
declared proper for first reading.
OCommissioner Lynch moved and Commissioner Orthwein seconded to approve
the proposed ordinance #03/01 on first reading. Roll Call: Comm.
Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE,
and Mayor Koch; AYE.
2. #03/2 to include additional standards for review of
development applications
Town Clerk Taylor read Ordinance #03/2 by title.
Commissioner Devitt asked for a brief summary of the proposed ordinance.
Attorney Randolph reminded that previously the ARPB had asked for more
latitude from the Commission in determining if a structure is in keeping
with the character of the area. Mr. Randolph pointed out that in many
zoning codes the standards for review include the authority to declare a
structure too similar or dissimilar with others in the area. He advised
that this document incorporates these review standards in the code.
Commissioner Orthwein was concerned about giving authority to the ARPB
in determining if a structure is too dissimilar.
The Commission felt that perhaps the section on Excessive Dissimilarity
should be removed in that, as an example, if a two -story home were to be
proposed in a neighborhood where all single story homes existed, the two
story dwelling could be rejected because of being too dissimilar. The
Commission asked that the Board revisit this section and offer a
recommendation. They also directed that the Board offer an opinion as
to whether the 200 feet distance from the proposed site is far enough
when reviewing for excessive similarity.
B. Resolutions
1. NO. 003 -1: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, URGING THE
FLORIDA LEGISLATURE TO ENACT LEGISLATION AUTHORIZING
COUNTIES AND MUNICIPALITIES, AT THEIR OPTION, TO
COLLECTLOCAL GOVERNMENT CODE ENFORCEMENT FINES IN THE SAME
MANNER AS NON -AD VALOREM ASSESSMENTS.
Town Clerk Taylor read Resolution No. 003 -1 by title.
Commissioner Orthwein moved and Commissioner Lynch seconded that it be
adopted. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins;
AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE.
2. NO. 003 -2: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM,
PALM BEACH COUNTY, FLORIDA, ACCEPTING JURISDICTION OF
COUNTY ROADS PREVIOUSLY
Regular Meeting & Public Hearing
Town Commission - February 14, 2003 Page 6
TRANSFERRED TO THE TOWN BY THE COUNTY PURSUANT TO COUNTY
RESOLUTION NO. R -81 -351
AND RESOLUTION NO. R -81 -805; PROVIDING AN EFFECTIVE DATE.
This item was withdrawn.
A. Police and Fire Communications Agreement -City of Delray Beach
This item was withdrawn.
B. Items by Mayor and Commissioners.
OMayor Koch reported that Mr. Thrasher and himself had a meeting with the
legislators who agreed to lend support to help obtain funds for the
sewer project. Mayor Koch added that the legislators said that it is
difficult to get funds for project like this unless funds are
specifically designated for such and they were unsure about that at this
time.
Town Manager Thrasher added that the funds are designated but this can
be changed.
C. Extension of Development Approval at 2918 N. Ocean Boulevard.
Town Manager Thrasher explained that he had received a letter from Sally
Gingras, architect for John Fogarty, resident at 2918 N. Ocean
Boulevard, requesting an extension of the previously approved Level 3
Architectural /Site Plan. Mr. Thrasher said the project is being done in
two phases with no work during the season, thus extending the time
required for the entire project. Phase I is completed, and the owners
plan to resume phase II this coming summer.
Commissioner Hopkins moved and Commissioner Orthwein seconded to approve
extension of previous development approval with no changes for one year.
Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE,
Comm. Orthwein; AYE, and Mayor Koch; AYE.
X. Correspondence.
A. Resolution No. 68 -2002 of the City of Lake Worth, Florida, to
The Florida Legislature, urging the enactment of legislation
authorizing counties and municipalities, at their option, to
collect local government code enforcement fines in the same
manner as non -ad valorem assessments; providing for
distribution; providing an effective date.
This was made a part of the official record.
XI. Public. There was no comment from the public.
XII. Adjournment. Commissioner Lynch moved and Commissioner Orthwein
seconded to adjourn the meeting at 9:55 A.M. All voted in the
affirmative.
Y nne Manboard, CMC
Deputy Town Clerk