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HomeMy Public PortalAbout01/09/2004January 2, 2004 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Fred B. Devitt III Robert W. Hopkins II William A. Lynch 1 REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JANUARY 9, 2004 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. A. Special Joint Meeting with ARPB December 12, 2003 B. Regular Meeting & Public Hearing December 12, 2003 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting & Public Hearing 2 -13 -04 @ 9 A.M. 2. Regular Meeting & Public Hearing 3 -12 -04 @ 9 A.M. 3. Regular Meeting & Public Hearing 4 -9 -04 @ 9 A.M. 4. Regular Meeting & Public Hearing 5 -14 -04 @ 9 A.M. 5. Regular Meeting & Public Hearing 6 -11 -04 @ 9 A.M. 6. Regular Meeting & Public Hearing 7 -9 -04 @ 9 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by William & Caroline Wietsma as Agent and owners of property located at 3126 Gulf Stream Road, Gulf Stream, Florida, which is legally described as Lot 22, Gulf Stream Properties. a. LAND CLEARING PERMIT to clear the property for new construction. b. SPECIAL EXCEPTION to permit 235.33 sq. ft. of open roof Projection that exceeds the maximum allowable FAR. C. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to demolish existing structures and construct a Bermuda /Anglo- Caribbean style, partial 2 story single family dwelling consisting of 4,730.7 square feet. 2. An application submitted by Roger Hansrote, as agent for Robert Milano, the owner of the property located at 1465 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as a portion of Lot 1 and Lot 2 in Revised Plat of Blks. D & E, Palm Beach Shore Acres. a. TWO SPECIAL EXCEPTIONS to permit the extension of two non - conforming walls, one of which will encroach 1619" into the 25' rear setback and the other that will encroach 1016" into the 15' north side setback, resulting in an 85 sq. foot addition, with a pitched roof, to the existing non - conforming Spanish /Mediterranean style home. b. LEVEL 3 ARCHITECTURAL SITE /PLAN REVIEW to permit the addition of 85 square feet to enlarge the existing kitchen of the Spanish /Mediterranean style home. AGENDA CONTINUED Page 2 VIII. Reports A. Auditor 1. Presentation of Financial Statement - 2002/2003 ^ B. Town Manager 1. Seawall Repairs - Conservation Area C. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 1 -22 -04 @ 8:30 A.M. b. Regular Meeting & Public Hearing 2 -26 -04 @ 8:30 A.M. c. Regular Meeting & Public Hearing 3 -25 -04 ® 8:30 A.M. d. Regular Meeting & Public Hearing 4 -22 -04 M 8:30 A.M. D. Finance Director 1. Financial Report for December 2003 E. Police Chief 1. Activity for December 2003 IX. Items for Commission Action. A. Interlocal Agreement for Municipal Recycling with Solid Waste Authority of Palm Beach County. B. Resolution No. 004 -01 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING MUNICIPAL ISSUES DURING THE 2004 LEGISLATIVE SESSION. C. 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 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JANUARY 9, 2004 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 G Koch. III. Roll Call. Present and William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice Mayor Fred B. Devitt III Commissioner William A. Lynch Commissioner Robert W. Hopkins II Commissioner Also Present and William Thrasher Town Manager Participating: John Randolph Town Attorney Garrett Ward Police Chief Rita Taylor Town Clerk IV. Minutes. A. Special Joint Meeting with ARPB December 12, 2003 B. Regular Meeting & Public Hearing December 12, 2003 Commissioner Lynch 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 that Item VIII.A.1. be heard before Item VII. There were no objections. VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting & Public Hearing 2 -13 -04 @ 9 A.M. 2. Regular Meeting & Public Hearing 3 -12 -04 @ 9 A.M. 3. Regular Meeting & Public Hearing 4 -9 -04 @ 9 A.M. 4. Regular Meeting & Public Hearing 5 -14 -04 @ 9 A.M. 5. Regular Meeting & Public Hearing 6 -11 -04 @ 9 A.M. 6. Regular Meeting & Public Hearing 7 -9 -04 @ 9 A.M. Mayor Koch announced these dates. Commissioner Hopkins advised that he would not be present for the February 13th meeting. VIII. Reports A. Auditor 1. Presentation of Financial Statement - 2002/2003 Town Manager Thrasher introduced Mike Sothen of Nowlen, Holt and Miner, P.A. Mr. Sothen explained that the Independent Auditors Report shows that as of September 30, 2003, the general purpose financial statements of the Town was given a clean opinion and ended in conformity with the US general accepted accounting principles. Regular Meeting & Public Hearing Town Commission - January 9, 2004 Page 2 Mr. Sothen called attention to a few items on the financial sheet that are abnormal compared to the prior year. He explained that the general fund investments are approximately $1,300,000, which increased $228,000 from prior year. Mr. Sothen explained that this is due to a good year of operations. The reserve fund balance of $1,116,813, which is available for future operations, has a cushion of sixty five percent of C the total expenditures, equal to eight months operating expense and the pension plan at $966,202 has increased by $195,000 due to the recovery of the economy. Mr. Sothen explained that part of the audit is to obtain reasonable assurance of compliance on internal control over financial reporting. Based on the summary of significant accounting policies, they did not find any noncompliance on the Town's part and noted no matters involving internal control over financial reporting and its operation that is considered to be a material weakness. However, there was one matter involving the internal control over financial reporting and operation. Some duplicated payments were discovered, all involving the same company and no credits were reflected on subsequent statements. This matter was reported to the Town Manager and corrective actions taken to assure this is not repeated. Mayor Koch thanked Mr. Sothen for a well written report. Commissioner Lynch moved and Commissioner Orthwein seconded to approve the Annual Report. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. VII. PUBLIC HEARING. A. Applications for Development Approval 2. An application submitted by William & Caroline Wietsma as Agent and owners of property located at 3126 Gulf Stream Road, Gulf Stream, Florida, which is legally described as Lot 22, Gulf Stream Properties. Mayor Koch excused himself from the proceedings in that his firm sold the property Mr. Wietsma. The Mayor passed the gavel to Vice Mayor Orthwein. Vice Mayor Orthwein asked if there were any exparte communications. There were none. 1 Town Clerk Taylor swore in Mr. Wietsma, Mr. Kent and Mr. Hansrote. Mr. Wietsma displayed color renderings of the proposed structure and explained that he is demolishing the existing structures and building a house which conforms to the standards of Town code with regard to similar /dissimilar features. He asked if there any questions. Vice Mayor Orthwein asked if the ARPB had any comments. Mr. Wietsma stated that he was advised that more landscaping is required for the side yards and he would be presenting a revised landscaping plan Regular Meeting & Public Hearing Town Commission - January 9, 2004 Page 3 to the ARPB. He added that the special exception is being requested to permit additional covered outdoor area. Commissioner Hopkins complimented the design and commented that the homes are looking very similar but added that this is not the fault of the architects who are following the guideline in the Design Manual. CVice Mayor Orthwein asked how far out the columns are from the front door. Mr. Wietsma replied that they are about 5 feet. Mr. Kent, speaking from the audience, complimented the design and stated that the ARPB would prefer to see more muntins on the windows, but that the design is within the code. Town Manager Thrasher explained that since the preliminary meetings with the architect, a number of features on the house have been changed to meet the similar /dissimilar guidelines. a. LAND CLEARING PERMIT to clear the property for new construction. Commissioner Devitt moved and Commissioner Lynch seconded to approve the Land Clearing Permit. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Vice Mayor Orthwein; AYE. b. SPECIAL EXCEPTION to permit 235.33 sq. ft. of open roof Projection that exceeds the maximum allowable FAR. Commissioner Lynch moved and Commissioner Hopkins seconded to approve the Special Exception to exceed Floor Area Ratio by 235.33 square feet with the condition that prior to the issuance of a Certificate of Occupancy, the owner shall record a deed restriction requiring that 706 square feet of open covered unenclosed Lanai and porch shall forever remain unenclosed as long as the structure exists. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Vice Mayor Orthwein; AYE, c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to demolish existing structures and construct a Bermuda /Anglo- Caribbean style, partial 2 story single family dwelling consisting of 4,730.7 square feet. Commissioner Lynch moved and Commissioner Devitt seconded to approve the Level 3 Architectural Site Plan Review based on a finding that the proposed partial 2 -story Bermuda /Anglo- Caribbean style single family dwelling with a pool meets the minimum intent of the Design Manual and applicable review standards with the following conditions: 1) The chain Jlink fence shall be screened on the outside. 2) Gulf Stream Removal Agreement to be signed prior to issuance of permit. 3) A revised landscape plan shall be submitted to the ARPB for approval. 4) PBC Health Department approval of the septic system shall be submitted prior to issuance of a building permit. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Vice Mayor Orthwein; AYE. Commissioner Devitt asked Attorney Randolph, who has the authority to release the deed restrictions. Mr. Randolph advised that the owner or a representative would have to appear before the Commission for approval of a release. Regular Meeting & Public Hearing Town Commission - January 9, 2004 Page 4 Vice Mayor Orthwein passed the gavel back to Mayor Koch. 2. An application submitted by Roger Hansrote, as agent for Robert Milano, the owner of the property located at 1465 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as a portion of Lot 1 and Lot 2 in Revised Plat of Blks. D & E, Palm Beach Shore Acres. Mr. Hansrote displayed renderings of the proposed improvement and (vp explained that this is a small addition and the special exceptions are being requested to encroach 1619" into the 25 foot rear setback and the other would encroach 1016" into the 15 foot north side setback to increase the floor area in the kitchen. He distributed photographs to the Commissioners. Town Clerk Taylor explained that a seawall opening was on the original plan but it was not a part of the application. The owner's neighbor did not think it would be practical since they shared a common property and it was agreed that it would not be a part of the application. Mayor Koch asked, given that this is an older home, if the electrical system meets the current codes. Mr. Hansrote said that there were some earlier interior renovation and rewiring was done at that time. TWO SPECIAL EXCEPTIONS to permit the extension of two non - conforming walls, one of which will encroach 1619" into the 25' rear setback and the other that will encroach 1016" into the 15' north side setback, resulting in an 85 sq. foot addition, with a pitched roof, to the existing non - conforming Spanish /Mediterranean style home. Commissioner Lynch moved and Commissioner Orthwein seconded to approve the Special Exception to permit the extension of a non - conforming wall, which will encroach 1619" into the 25' rear setback. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. Commissioner Lynch moved and Commissioner Hopkins seconded to approve the Special Exception to permit the extension of a non - conforming wall, which will encroach 1016" into the 15' north side setback. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. d. LEVEL 3 ARCHITECTURAL SITE /PLAN REVIEW to permit the addition of 85 square feet to enlarge the existing kitchen of the Spanish /Mediterranean style home. Commissioner Lynch moved and Commissioner Hopkins seconded to approve the Level 3 Architectural Site Plan Review, based on a finding that the proposed 85 square foot addition with pitched roof, to an existing non- conforming Spanish /Mediterranean style home meets the minimum intent of the Design Manual and applicable review standards. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. Regular Meeting & Public Hearing Town Commission - January 9, 2004 Page 5 VIII. Reports A. Auditor 1. Presentation of Financial Statement - 2002/2003 This Item was heard earlier. B. Town Manager 1. Seawall Repairs - Conservation Area Town Manager Thrasher reported that he contacted governmental agencies and vendors to obtain quotes and inquire if there was any interest in taking over and maintaining the conservation area. To date he has not had any response. He has gotten a quote from the Town's engineer and was advised that the entire seawall should be replaced, which would cost twice as much as repairing it. He added that if the water goes further into the land, the State can claim all land that is one foot from the waters edge and it is not recoverable. The Commissioners agreed that the seawall should be repaired and retained by the Town. The Town Manager added that a diver would be going into the area to get a better perspective of what is needed for the repair. Staff was directed to obtain more quotes for the repair. C. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 1 -22 -04 @ 8:30 A.M. b. Regular Meeting & Public Hearing 2 -26 -04 O 8:30 A.M. c. Regular Meeting & Public Hearing 3 -25 -04 Q 8:30 A.M. d. Regular Meeting & Public Hearing 4 -22 -04 Q 8:30 A.M. Mayor Koch announced these dates. D. Finance Director 1. Financial Report for December 2003 Mr. Thrasher asked that the report be accepted as submitted, if there were no questions. Commissioner Devitt commented that the audit showed no unfavorable bearings in any category. Town Manager Thrasher stated that was the goal and that the budget last year anticipated a surplus of $185,000 because no capital projects were started. E. Police Chief ' 1. Activity for December 2003 Chief Ward asked that the report be accepted as submitted if there were no questions. Commissioner Lynch asked about the number of traffic incidents and ordinance violations. Chief Ward stated that the traffic incidents are minor "fender benders" and the ordinance violations are from contractors that are not registered or are working on the weekends. He added that the auto Regular Meeting & Public Hearing Town Commission - January 9, 2004 Page 6 burglaries were thefts of articles left on the seats of two unlocked vehicles. IX. Items for Commission Action. A. Interlocal Agreement for Municipal Recycling with Solid Waste Authority of Palm Beach County. /� Town Clerk Taylor explained that the present agreement expires and this C is replacement with a few minor changes. She recommended that it be renewed with the condition that Attorney reviews the agreement. Commissioner Devitt moved and Commissioner Lynch seconded to approve the Interlocal Agreement for Municipal Recycling with Solid Waste Authority of Palm Beach County with the condition that Attorney Randolph reviews the document. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. B. Resolution No. 004 -01 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING MUNICIPAL ISSUES DURING THE 2004 LEGISLATIVE SESSION. Town Clerk Taylor read Resolution No. 004 -01 by title. Staff recommended adoption of the resolution. Commissioner Lynch moved and Commissioner Orthwein seconded to support the municipal issues during the 2004 legislative session. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. C. Items by Mayor and Commissioners. The Commissioners discussed the correspondence from the Bicycle Club regarding the bike path and are still concerned about bicycle travel in Town with the cyclists not following the road rules and being very aggressive. A number of alternatives were discussed but no decision was made. X. Public. There were no comments from the public. XI. Adjournment. Commissioner Lynch moved and Commissioner Orthwein seconded to adjourn the meeting at 10:05 A.M. with all voting in the affirmative. qrv��- C�---7ckA Yv nne E. Eckert, CMC Deputy Town Clerk FORM COUNTY, LAST NAME —FIRST NAA Koch, Jr. MAILING ADDRESS 815 MEMORANDUM OF VOTING CONFLICT FOR MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS — MIDULL NAME NAME OF BOARn vnuuru rnu...o��., _ William F. 100 Sea Road Gulf Stream DAt -E ON M'H ICH vOI E O('CURRED 1 -9 -04 Palm Beach THE BOARD. COUNCIL. COMMISSION, AUTHORITY. 0 WHICH I SERVE IS A UNIT OF: C'}N'Y COUNTY ' OTHER LOCAL AGENCY NAML OF POLITICAL Town of Gulf Stream WHO MUST FILE FORM BB ELEQTkE .; APPOINTIVE ITTEE This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest udder Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. kPPOINTED OFFICERS: N person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which nures to his special private gain. Each local officer also is prohibited froth knowingly voting on a measure which inures to the :al gain of a principal (other than a government agency) by whom he is retained. k person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must lisclose the nature of the conflict before making an), attempt to influence the decision by oral or written communication, whether lade by the officer or at his direction. F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH 'HE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form should be provided immediately to the other members of the agency. The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. .M \I .11 lu,, IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST William F. Koch, Jr. hereby disclose that on (a) A measure came or will come before my agency which (check one) 1 -9 -04 th x inured toax4 special private gain= of the parties we sold the property to. inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: 19 —L , by whom 1 am retained. The real estate firm, Koch Realty, sold the property to the persons asking for development approval for this property. The developer and owner is Mr. & Mrs. William Wietsina. 1 -9 -04 Date Filed Al U v Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985),'A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED B'''ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE Ok EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. 'E FORM 1111 . 10.36 PAGE