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Home My Public Portal About10/11/2013MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 11, 2013 AT 9:00 A.M. IN THE COIVJAIISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order: Mayor Orthwein called the Meeting to order at 9:01 A.M. II. Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Orthwein. OIII. Roll Call: Present and Joan K. Orthwein Mayor Participating Thomas M. Stanley Vice -Mayor (Via Telephone) W. Garrett Dering Commissioner Robert W. Ganger Commissioner Absent w /Notice Donna S. White Commissioner Also Present and William H. Thrasher Town Manager Participating Rita L. Taylor Town Clerk John C. Randolph Town Counsel Garrett J. Ward Police Chief Danny Brannon of Town Consultant for Undergrounding Brannon & Gillespie Project Christopher O'Hare Resident Charles Veile Resident Carlos Linares Architect — Randall Stofft Maureen Smith Landscape Architect IV. Minutes: A. Regular Meeting and Public Hearing held on September 13, 2013 Commissioner Ganger reported that on Page 6, it should state that someone will contact Shelly Himmelrich, not primarily him, regarding her participation on the Ad Hoc Committee. Commissioner Ganger moved and Vice -Mayor Stanley seconded to approve the amended minutes of the Regular Meeting and Public Hearing held on September 13, 2013. All voted AYE. B. Budget Hearing held on September 13, 2013 Vice -Mayor Stanley moved and Commissioner Ganger seconded to approve the minutes of the Budget Hearing held on September 13, 2013. All voted AYE. C. Special Meeting Calling Closed Door Session held on September 13, 2013 Commissioner Ganger moved and Vice -Mayor Stanley seconded to approve the minutes of the Special Meeting Calling Closed Door Session held on September 13, 2013. All voted AYE. D. Special Meeting and Public Hearing held on September 17, 2013 Vice -Mayor Stanley moved and Commissioner Ganger seconded to approve the minutes of the Special Meeting and Public Hearing held on September 17, 2013. All voted AYE. E. Budget Hearing held on September 24, 2013 Vice -Mayor Stanley moved and Commissioner Ganger seconded to approve the minutes of the Budget Hearing held on September 24, 2013. All voted AYE. Regular Meeting and Public Hearing Toga Commission Meeting October n, 2013 — Page 2 V. Additions, Withdrawals, Defertals. Arrangement of Agenda Items• Town Manager Thrasher reported that Item X -A "Consideration of an Interlocal Agreement with the City of Delray Beach for Engineering Reviews related to permitting" should be withdrawn at this time. Town Clerk Taylor stated with regard to Item X -B "Request for Consideration - Appointment to ARPB" that a letter was received from Mr. Kent. She reported that she would combine this request along with Ci Robert Dockerty's letter for review. VI. Announcements: A. Mayor Orthwein announced the upcoming Regular Meetings and Public Hearings. 1. November 8, 2013 @ 9:00 A.M. 2. December 13, 2013 @ 9:00 A.M. 3. January 10, 2014 @ 9:00 A.M. 4. February 14, 2014 @ 9:00 A.bi. 5. Match 14, 2014 @ 9:00 A.M G. April 11, 2014 @ 9:00 A.M. VII. COMMUNICATIONS FROM THE PUBLIC 0 MIN MAXIMUMI• Mayor Orthwein asked for any speakers. Mr. O'Hare stated that he asked Town Manager Thrasher if he could include his website on the Town's website. Town Counsel Randolph stated that there should be no posting of private websites on the Town's website. He listed and described the websites that were links to the Town's governmental websites. Town Counsel Randolph advised the Commission that Mr. O'Hare's request was inappropriate to be included on the Town's website. M.r. O'Hare thanked Town Counsel Randolph for the clarification. Mr. Charles Veile stated that he and his friends are very concerned regarding the high taxes, and asked why they have gone up. He further commented that at the original annexation meeting it was reported that the taxes would go down, and that it was stated "a no brainer ". Mr. Veile stated that he realized that 1vrr. OO'Boyle's legal case costs were one of the main reasons. He requested the exact total cost of all legal and Office Staff fees in the preparation of the O'Boyle "deal ". Mr. Veile also requested the reason the Town stayed in the lost battle with Mr. O'Boyle. He addressed Mr. O'Hare's website which states that "The only thing the Police do, is drive residents home from cocktail parties ". Mr. Veile continued "That is not true because they never gave me one ". He repeated that he is very concerned for the taxpayers. Regular Meeting and Public Hearing Town Commission Meeting October 11, 2013 — Page 3 VIII. PUBLIC HEARING: A. Applications for Development Approval 1. An application submitted by Randall Stofft Architects as agent for Kevin & bfichelle Clark owners of property located at 3250 Polo Drive, Gulf Stream, Florida, legally described as Lot 13 and part of Lot 14, Polo Cove Subdivision for the following: a. DEMOLITION PERMIT to demolish existing structures Cb. LAND CLEARING PERMIT to clear site for new construction c. SPECIAL EXCEPTION #1 to allow 236 square feet of covered, unenclosed area that exceeds the maximum Floor Area Ratio. d. SPECIAL EXCEPTION #2 to permit rear waterfront setback of 30'. e. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a Bermuda style, partial 2 -story, single - family dwelling with attached garage, pool and pavilion, a total of 7, 552 square feet. Town Clerk Taylor swore in Carlos Linares, Danny Brannon and Maureen Smith. Mayor Orthwein asked for any ex -parte and there was none. Mr. Linares described and displayed the renderings of the new home to be constructed at 3250 Polo Drive. He detailed and displayed the grey slate -like roof sample. bar. Linares also discussed the colors being utilized, displaying sample colors, and the lighting locations on the exterior. Commissioner Ganger inquired regarding any problems with fading of the grey color on the roof. Mr. Linares stated he believed it did not fade, as it is pigmented into the material itself. Vice -Mayor Stanley inquired regarding any sconces or floodlights on the house itself. Mr. Linares stated that there would be two (2) larger sconces on either side of the entry, smaller ones by the garage, and at the exit. He continued that there would also be smaller ones by the pool area. Mr. Linares reported that they are not for security but for decorative purposes. Commissioner Ganger inquired if they were all electrical and not gas. Mr. Linares responded that was correct. Vice -Mayor Stanley asked for a review of the front and rear setbacks of the structure. Mr. Linares reported the house is located within the setback regulations. He continued that at the front there is a 32' setback, and the Town has given him a floor area increase incentive if the second story is setback an additional 10'. Mr. Linares further reported that at the rear there is a 30' rear setback, a reduction from the required 50' due to a special exception, and the sides are at 22'6" which complies with the Town, as well. Regular Meeting and Public Hearing Tonn Commission Meeting October 11, 2013 — Page 4 Mayor Orthwein inquired if the pavilion was open, enclosed or shuttered. Mr. Linares replied that it was open on three (3) sides with a small cabana in the back. He continued that there are no shutters but decorative louvers are planned, at the present time. OCommissioner Ganger inquired regarding the flood elevation of the house. Mr. Linares responded that the finished floor of the dwelling is 8.5', and the garage is at 7'. Commissioner Ganger asked if the garage is right at the line. Mx. Linares answered "Yes ". Mayor Orthwein asked for any further comments from the Commissioners. There were none. Vice -Mayor Stanley moved and Commissioner Ganger seconded to approve the Demolition Permit to demolish existing structures at 3250 Polo Drive, Gulf Stream, Florida. All voted AYE. Vice -Mayor Stanley moved and Commissioner Ganger seconded to approve a Land Clearing Permit at 3250 Polo Drive to clear site for new construction. All voted AYE. Vice -Mayor Stanley moved and Commissioner Ganger seconded to approve Special Exception #1 to allow 236 SF of covered, unenclosed area that exceeds the maximum Floor Area Ratio. All voted AYE. Vice -Mayor Stanley moved and Commissioner Ganger seconded to approve Special Exception #2 to permit rear waterfront setback of 30'. All voted AYE. Vice -Mayor Stanley inquired if the roof file that was shown was accepted by the ARPB. Commissioner Ganger asked if the ARPB had seen the actual tile. Town Clerk Taylor responded "No ". They did not bring it to the ARPB Meeting. Town Manager Thrasher stated it was up to the Commission to decide if that tile was approved, as he had no problem with the applicant's decision. Vice -Mayor Stanley moved and Commissioner Ganger seconded to approve Level III Architectural /Site Plan based on a finding that the proposed partial 2 -story Bermuda style single family dwelling with attached garage, pool and pavilion, a total of 7,552 SF meeting the minimum intent of the Design Manual and applicable review standards with the following conditions: Regular Meeting and Public Hearing Toum Commission Meeting October 11, 2013 — Page 5 1. All dock, boat lift and ancillary fixtures shall conform to Section 66 -369 of the Gulf Stream Code. 2. All utilities shall be underground. 3. Outdoor lighting, color selections and roof materials shall be presented for approval prior to completion of the approval process. 4. Landscaping in the front of home shall all be installed on private property, not in the right-of- way. All voted AYE. Mayor Orthwein asked for further questions or comments. There were none. IX. Reports: A. Utility Undergrounding — Danny Brannon (Engineer) Mr. Brannon provided an update on the easements with regard to the undergrounding project stating that two (2) are still outstanding and have been contacted. He continued that one (1) is hung up with legal issues for a short period. Mr. Brannon reported that the survey work is completed and they are now in the process of the mooting the stakes for clearing. He also detailed the staking process of the entire easement, and explained how the landscaping will remain the same. Mr. Brannon stated he has been in contact with FPL to secure information as to who would be the representative regarding the North Ocean street lighting installation. Commissioner Ganger inquired regarding FPL's employee downsizing and how it will affect this community. Mr. Brannon stated that this was routine in FPL's history, it is nothing new and would not affect the Town. Commissioner Ganger commented on the Town's "itchy" relationship with FPL for the past two (2) years and how the Town is dependent upon I\/fr. Brannon to keep the "fire" under FPL. Mr. Brannon again reassured the Commission that there will not be a slowdown by FPL. Commissioner Ganger inquired regarding the recently installed electric meters and questioned if there was "double dipping ". Mr. Brannon described the new smart meters colored flashes, adding the new meters will not conflict with our undergrounding project. C r Commissioner Ganger inquired if there were any manuals for citizens to learn more about the new meters. Mr. Brannon stated that he would obtain information for the citizens explaining the new meters system of current consumption and demands. He continued that these new meters have a lot of capability. Mr. Brannon also reported that all the information is on the website. Regular Meeting and Public Hearing Town Commission Meeting October 11, 2013 — Page 6 B. Town Manager 1. Update Re: Appeal of 2013 Undergrounding Tax Assessment Town Manager Thrasher updated the appeal process with Margo Stahl /Jim Gammon and their Attorney Marci Oppenheimer Nolan. He stated that this appeal process is now complete and not warranted. Town Manager Thrasher reported that it went through the complete bond validation. He also stated that he had reported that the Town's street signs would begin installation on Monday, October 14`'', but that has changed Cito Wednesday, October 23d. Town Manager Thrasher reminded everyone that Place au Soleil's signs had also been added to the contract. Vice -Mayor Stanley inquired regarding estimated time of street signs' project. Town Manager Thrasher responded "Five (5) working days ". Commissioner Ganger inquired regarding the pole's footer. Town Manager Thrasher stated that the contract includes the footer, a stand and installation of the pole itself. C. Architectural Review & Planning Board 1. Meeting Dates a. October 24, 2013 @ 8:30 A.M. b. November 21, 2013 @ 8:30 A.M. c. December 19, 2013 @ 8:30 A.M. d. January 23, 2014 @ 8:30 A.M. e. February 27, 2014 @ 8:30 A.M. f. March 27, 2014 @ 8:30 A.M. Commissioner Ganger asked for an update on the new Ad Hoc Committee. Mayor Orthwein reported that William (Bill) Boardman is the Chairman and he is in the process of selecting three (3) more applicants. She continued that he is hoping to get started in November. D. Finance Director 1. Financial Report for September 2013 Town Manager Thrasher stated that he will provide the September 2013 Financial Report at the November C Commission Meeting, due to year -end adjustments. He also reported that the auditors will be in Town Hall in December for field work. 2. Water Usage as of September 30, 2013 Town Manager Thrasher submitted the Report for September 30, 2013, and it was accepted as presented. Commissioner Ganger discussed how water conservation is improving, and how the residents are taking it more seriously with the costs rising. Regular Meeting and Public Hearing Town Commission Meeting October 11, 2013 — Page 7 E. Police Chief 1. Activity for September 2013 Police Chief Ward submitted the Activity Report for September 2013, and reported that at the bottom of the traffic contacts section, that number should be corrected to 99. Commissioner Ganger inquired as to the definition of grand theft. C� Police Chief Ward responded "Anything valued over $300 ". X. ITEMS FOR COMMISSION ACTION: A. Consideration of an Interlocal Agreement with the City of Delray Beach for Engineering Reviews related to permitting HAS BEEN REMOVED FROM AGENDA. B. Request for consideration- Appointment to ARPB — Robert Dockerty and addition of Hewlett Kent for consideration Commissioner Ganger stated that Robert (Bob) Dockerty was a good candidate for an ARPB Alternate. He also commented how it was a good idea to recycle previous members of that Board, Mr. Kent being one. Commissioner Ganger suggested if there is only one position available on the Board, possibly any other applicants could be considered for the Ad Hoc Committee. There was a discussion amongst the Commission regarding Mr. Dockerty's and Hewlett Kent's availability, experience, and interest. Commissioner Dering stated that alternates were always required on the ARPB. Mayor Orthwein responded that only one was needed at this time. Commissioner Ganger moved and Vice -Mayor Stanley seconded to approve the appointment of Robert Dockerty to the ARPB, as an alternate. All voted AYE. Mayor Orthwein suggested the letter received recently from Mr. Kent be put on file for future consideration. C. Items by Mayor & Commissioners Vice -Mayor Stanley stated that there are a couple of light poles at the parking lot by the tennis courts at the C Bath & Tennis Club. He believed that these would be removed due to the undergrounding project. Vice - Mayor Stanley wanted to be sure that adequate replacements would be provided. Commissioner Ganger commented on the citizens' numerous questions that are happening in Town, e.g. the pink ribbons on the staking sticks. Mr. Brannon replied they are markings which he described in detail. He continued by advising they go down 18" and will not hit any lines. Mr. Brannon emphasized that they should not be removed other than by the workmen. Regular Meeting and Public Hearing Town Commission Meeting October 11, 7013 — Page B M. ADJOURNMENT: Mayor Orthwein adjourned the meeting at 9:57 A.M. Sandra Fein Recording Secretary October 5, 2013 MAYOR: Joan K. Orthwein VICE MAYOR: Thomas M. Stanley COMMISSIONER: W. Garrett Dering Robert W. Ganger Donna S. White REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 11, 2013 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. Mi A. B. C. D. E. nutes. Regular Meeting & Public Budget Hearing 9 -13 -13 Special Meeting Calling Special Meeting & Public Budget Hearing 9 -24 -13 Hearing 9 -13 -13 Closed Door Session 9 -13 -13 Hearing 9 -17 -13 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. November 8, 2013 @ 9 A.M. 2. December 13, 2013 @ 9 A.M. 3. January 10, 2014 @ 9 A.M. 4. February 14, 2014 @ 9 A.M. S. March 14, 2014 @ 9 A.M. 6. April 11, 2014 @ 9 A.M. VII. Communication from the Public (5 min. maximum) VIII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Randall Stofft Architects as agent for Kevin & Michelle Clark owners of property located at 3250 Polo Drive, Gulf Stream, Florida, legally described as Lot 13 and part of Lot 14, Polo Cove Subdivision for the following: a. DEMOLITION PERMIT to demolish existing structures. b. LAND CLEARING PERMIT to clear site for new construction. C. SPECIAL EXCEPTION #1 to allow 236 square feet of covered, unenclosed area that exceeds the maximum Floor Area Ratio. d. SPECIAL EXCEPTION #2 to permit rear waterfront setback of 30'. e. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a Bermuda style, partial 2 story, single - family dwelling with attached garage, pool and pavilion, a total of 7,552 square feet. IX. Reports. A. Utility Undergrounding -Danny Brannon (Engineer) B. Town Manager 1. Update Re: Appeal of 2013 Undergrounding Tax Assessment AGENDA CONTINUED C. Architectural Review & Planning Board 1. Meeting Dates a. October 24, 2013 @ 8:30 A.M. b. November 21, 2013 @ 8:30 A.M. c. December 19, 2013 @ 8:30 A.M. d. January 23, 2014 @ 8:30 A.M. e. February 27, 2014 @ 8:30 A.M. f. March 27, 2014 @ 8:30 A.M. D. Finance Director 1. Financial Report for September 2013 2. Water Usage as of September 30, 2013 E. Police Chief 1. Activity for September 2013 X. Items for Commission Action. A. Consideration of an Interlocal Agreement with the City of Delray Beach for Engineering Reviews related to permitting. B. Request for consideration - Appointment to ARPB -Robt. Dockerty C. Items by Mayor & Commissioners 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 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 Thursday, September 26, 2013 at 8:30 A.M. and the Town Commission will hold a Public Hearing on Friday., October 11, 2013 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 Randall Stofft Architects as agent for Kevin & Michelle Clark owners of property located at 3250 Polo Drive, Gulf Stream, Florida, legally described as Lot 13 and part of Lot 14, Polo Cove Subdivision for the following: DEMOLITION PERMIT to demolish existing structures. LAND CLEARING PERMIT to clear site for new construction. SPECIAL EXCEPTION #1 to allow 228 square feet of covered, unenclosed area that exceeds the maximum Floor Area Ratio. SPECIAL EXCEPTION #2 to permit rear waterfront setback of 30, LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a Bermuda style, partial 2 story, single - family dwelling with attached garage, pool and pavilion, a total of 7,606 square feet. 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 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. Dated: September 5, 2013 TOWN OF GULF STREAM Fes /`% -5__- 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 Thursday, September 26, 2013 at 8:30 A.M. and the Town Commission will hold a Public Hearing on Friday., October 11, 2013 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 Randall Stofft Architects as agent for Kevin & Michelle Clark owners of property located at 3250 Polo Drive, Gulf Stream, Florida, legally described as Lot 13 and part of Lot 14, Polo Cove Subdivision for the following: DEMOLITION PERMIT to demolish existing structures. LAND CLEARING PERMIT to clear site for new construction. SPECIAL EXCEPTION #1 to allow 236 square feet of covered, unenclosed area that exceeds the maximum Floor Area Ratio. SPECIAL EXCEPTION #2 to permit rear waterfront setback of 30'. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a Bermuda style, partial 2 story, single - family dwelling with attached garage, pool and pavilion, a total of 7,552 square feet. 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 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. Dated: September 5, 2013 TOWN OF GULF STREAM Rita L. Taylor Town Clerk CORRECTED NOTICE 9 -20 -13 DUE TO ARCHITECTS ERROR