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HomeMy Public PortalAbout03 14 14 Meetingr MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 14, 2014 AT 11:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order: Mayor Orthwein called the meeting to order at 11:00 A.M. II. Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Orthwein. III. Roll Call: Present and Joan K. Orthwein Mayor Participating Thomas M. Stanley Vice -Mayor W. Garrett Dering Commissioner Robert W. Ganger Commissioner Donna S. White Commissioner Also Present and William H. Thrasher Town Manager Participating Rita L. Taylor Town Clerk Thomas Baird Town Counsel - In the absence of John Randolph Garrett J. Ward Chief of Police Danny Brannon of Town Consultant for Undergrounding Brannon & Gillespie Project Mark Marsh Architect — Bridges & Marsh Keith Williams Landscape Architect William Boardman Chairman — Ad Hoc Committee Christopher O'Hare Resident Tom Murphy Resident IV. Minutes: A. Regular Meeting and Public Hearing held on February 14, 2014. Commissioner Ganger moved and Vice -Mayor Stanley seconded to approve the February 14, 2014 Regular Meeting and Public Hearing Minutes. All vote AYE. V. Additions, Withdrawals, Deferrals, Arrangement of Agenda Items: Mayor Orthwein added under Agenda Item VI.C. that Town Clerk Taylor will read the new Rules of Decorum for all Town Chamber meetings, effective this day. VI. Announcements: A. Regular Meetings and Public Hearings Mayor Orthwein announced the upcoming Regular Meetings and Public Hearings, and inquired if there would be any absenteeism or conflicts, and there were none. 1. April 11, 2014 @ 9:00 A.M. 2. May 9, 2014 @ 9:00 A.M. 3. June 13, 2014 @ 9:00 A.M. 4. July 11, 2014 @ 9:00 A.M. 5. August 8, 2014 @ 9:00 A.M. Regular Meeting and Public Hearing March 14, 2014 B. Mayor's Proclamation — "Water Conservation Month" Town Clerk Taylor read the Water Conservation Proclamation highlighting the importance of it, and stated that April 2014, typically a dry month, when water demands are the highest, will be observed as Water Conservation Month, calling upon each citizen and student in the Town of Gulf Stream to help protect their precious resource thus promoting a healthy economy and community. She continued and witnessed that Mayor Orthwein has affixed the seal of the Town of Gulf Stream this day March 14, 2014. Mayor Orthwein thanked everyone for attending this meeting and stated that this attendance has not been seen in many years. C. Decorum Rules Town Clerk Taylor read the new Decorum Rules beginning with "The presiding officer shall preserve strict order and decorum at all meetings ". She stated that the Town Commission is committed to the principles of civility, honor, and dignity and any individuals appearing before the Commission are requested to observe the same principles when making their comments. Town Clerk Taylor detailed Section 871.01, Florida Statutes regarding willful interruptions or disturbances of any assembly of people meeting for any lawful purpose shall be guilty of a misdemeanor of the second degree, and may be arrested by police officers present. She also listed the steps that will be followed if a person is declared out of order by the presiding officer and ordered expelled from the meeting. Town Clerk Taylor stated that the Town Manager shall have a uniformed Certified Law Officer available at all public meetings. Vice -Mayor Stanley moved and Commissioner Ganger seconded to approve the Decorum Provisions, as read by Town Clerk Taylor effective this meeting. All voted AYE. VII. COMMUNICATION FROM THE PUBLIC (5 MIN. MAXIMUM) Mayor Orthwein asked for any speakers. Mr. O'Hare congratulated Mayor Orthwein, Scott Morgan, and all the winners on their election, and stated it was a great campaign. He added that Commissioner Dering was very effective with his public record requests, and stated he was sorry to see Commissioner Dering leave the Commission. Mr. O'Hare discussed how evening Town Commission meetings would be much more convenient for residents to attend. He also addressed holding Town workshops where questions could be asked and answered. Mr. O'Hare stated how he has attended the Ad Hoc Committee Meetings where waivers were discussed. He also announced that he would like to consider Commissioner Ganger for Mayor of the Town of Gulf Stream. Mr. Boardman congratulated the Commissioners and Mr. Morgan on their elections. He continued that with the type of election that was held, there were valuable voters' issues, and he requested the Commissioners to address some of those observations at a later time. 2 Regular Meeting and Public Hearing March 14, 2014 Mr. Murphy also congratulated the winners of the election, and on behalf of the residents, stated that he too was sorry that the Commission was losing Commissioner Dering's expertise. He also addressed how the controversial election energized the community, and served a useful purpose by focusing on the fact this is a wonderful community. Mr. Murphy also commended Martin O'Boyle for "throwing his hat in the ring ", and that the community took heed of an electoral process. Town Clerk Taylor swore in Mark Marsh and Keith Williams. VIII. Public Hearing: A. Applications for Development Approval 1. An application submitted by Mark Marsh of Bridges & Marsh, as Agent for Mr. & Mrs. Nelson Grumney, the owners of property located at 2960 Polo Drive, Gulf Stream, Florida, which is legally described as Lot 21 Gulf Stream Cove Subdivision. a. SPECIAL EXCEPTION to permit the addition of a spa, that will encroach 4.34 ft. into the west setback, which will be attached to and become a part of the existing swimming pool that encroaches 6.42 ft. into the west setback. Mr. Marsh congratulated the Mayor and Commissioners. He stated that this request was approved by the ARPB in the past, but inadvertently the proposed spa which was in the northwest corner was in violation of a rear setback requirement. Mr. Marsh continued that the new application is to construct the spa at the northwest edge of the existing pool. He demonstrated the location on his computer renderings. Commissioner Ganger inquired regarding the elevations based on 1979 data, and then again on January 10, 2013 when the house was being designed. Mr. Marsh explained the updated survey for the additions to the house. He continued that the seawall was raised by permit to meet the minimum which was the only variable. Vice -Mayor Stanley inquired regarding the elevation of the spa above the pool deck. Mr. Marsh responded that the spa is 18 inches above the deck. Mayor Orthwein asked for further questions or comments from the Commission or the public. She also reported that this application was approved by the ARPB. Vice -Mayor Stanley moved and Commissioner Ganger seconded the approval of the Special Exception to permit the addition of a spa that will encroach 4.34 feet into the west setback, which will be attached to and become a part of the existing swimming pool that encroaches 6.42 feet into the west setback. All Voted AYE. b. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to allow the construction of a spa which will encroach 4.34 ft. into the west setback and will be attached to and become a part of the existing pool that encroaches 6.42 ft. into the west setback. 3 Regular Meeting and Public Hearing March 14, 2014 Vice -Mayor Stanley moved and Commissioner Ganger seconded the approval of Level 3 Architectural/ Site Plan to permit the addition of a spa that will encroach 4.34 feet into the west setback, which will be attached to and become a part of the existing swimming pool that encroaches 6.42 feet into the west setback based on a finding that the proposed construction meet the minimum intent of the Design Manual and applicable review standards. All voted AYE. Town Clerk Taylor made a point of information stating that the neighbor who would be the most affected stated that he was very pleased with the project, and has absolutely no objections. 2. An application submitted by Mark Marsh and Nievera Williams as agents for Mr. & Mrs. Bryan Cook, owners of property located at 1226 North Ocean Boulevard, Gulf Stream, Florida, legally described as Lot 2, Hidden Harbour Estates Plat Two. a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a partial 2- story, Anglo Caribbean style single family dwelling with guest quarters and a three -car garage, a total of 9,403 sq. feet, and a swimming pool. Mr. Marsh introduced Keith Williams who joined him at the computerized renderings of the property on Lot 2. He also stated that this lot is the most desirable in the community. Mr. Marsh commented that the beauty of the lot is that it has a very unusually high elevation of approximately 16 feet on the ridge. He continued referring to the computerized renderings of the 3 -car garage, the purposeful symmetry to the layout of the house, the "H" shaped front of the home, and the very symmetrical rear of the home. Mr. Marsh also stated that the materials used are stucco, and on the second floor, simulated clapboard siding will be utilized with Chippendale elements. He commented that there will be wood and aluminum Colby windows. Mr. Marsh reported that the massing will not be overbuilt or accentuate height. He stated that the arrival area is somewhat Georgian Colonial, which is a little different than what exists in the development, to create something that was not repetitive in the community. Mr. Marsh reported that the house colors are sand /beige with white trim, with Aegean Teal shutters, and a grey tile roof. Commissioner Ganger inquired where this house will be in relation to where the Spence home was. Mr. Marsh responded that it is basically on the original Spence property, and that was where the best views were. Mr. Williams reported in detail, with the aid of the computerized renderings, the plantings of hedges and trees around the house and on both sides of the pool area. He continued describing the density of trees in the pool area, and the built -in gas fire pits on either side of the pool, which help transition the pool level, and give the enjoyment of a fire pit. Mr. Williams stated that the pool will appear dark in color, but not muddy looking. Commissioner White inquired regarding how the ficus plantings will be resistant to the white fly disease. Mr. Williams responded that the type of ficus being used will not be affected by white fly, as it is a lower ficus plant and more tolerant. Mr. Marsh gave a 3- diminsional "flyby" demonstration of this project on the television computer renderings. 2 Regular Meeting and Public Hearing March 14, 2014 Commissioner Ganger stated that this demonstration could not have happened without the generosity of the Civic Association's purchase of the Town Chamber's television for the use of the Commission and ARPB. He continued that it was a phenomenal tool in the presentations, and suggested all future developers integrate this same procedure. Mr. Marsh commented that he would not make it mandatory, as it is quite time consuming. He suggested this format for beach properties. Commissioner Ganger commended Mr. Marsh and his associates on this project and stated he was very concerned that the large size of the property would become a "cookie cutter" and that the uniqueness would be gone forever. Mayor Orthwein asked for any comments from the Commission and the public. There were none. Vice -Mayor Stanley moved and Commissioner Ganger seconded to recommend the approval of Level III Architectural/ Site Plan based on a finding that the proposed partial two -story single family Angelo Caribbean style dwelling, a 3 -car garage with guest quarters and pool, a total of 9,403 SF, meet the minimum intent of the Design Manual and applicable review standards with the following conditions: 1. Any minor modifications in the landscape plan shall be submitted to the Town Manager for review and approval and any major modifications shall be brought back to the ARPB for review and approval, prior to commencement of landscaping. 2. Wall and /or fences along the side property lines will be measured from the lowest abutting grade with a maximum height of 8' including any lighting fixtures that may be attached. 3. All chain link fencing will be screened from neighbor's view. All voted AYE. IX. Reports: A. Utility Undergrounding — Danny Brannon (Engineer) Mr. Brannon gave a progress report on the undergrounding. He reported that the contractors should be completed with the conduit systems around May 9`h. Mr. Brannon said the main line boring has been completed, and they will begin in the next week going south down to Pelican. He continued that there were no issues with the easements, and everything is going according to plan. Mr. Brannon commented that they are still holding weekly meetings with staff in Town Hall. He reported the new light fixture with dimming capabilities will be installed across the street at the Police Department any day. Mr. Brannon continued that it was recommended to reduce the height of the poles by two (2) feet. He continued that the street light posts can be changed to the fluted type posts which will match the street signs, and that there should not be any extra costs for that change. Mr. Brannon stated he would check into that. He also referred to the schedule change in the Commissioners' packets, and stated that the project is under budget, with minimal expenses. Commissioner Ganger referred to the private road damaged stop sign by the contractor, and asked who was responsible for the costs. 5 Regular Meeting and Public Hearing March 14, 2014 Mr. Brannon stated that it was being pursued, and that the contractor will pay for the repairs. Commissioner Ganger inquired when the contractors will start boring under the road toward the east. Mr. Brannon responded that some of those have been completed already with a small machine that was brought in for that job. Commissioner Ganger asked about the lines that were across the private road, and the possible issues of driving over them. Mr. Brannon responded that those lines should not have been there, and that he should have been informed of something of the like, and he would have them removed if they were still there. Commissioner Ganger stated the lines have been removed. B. Town Manager Town Manager Thrasher gave updates on the Consultant who provided information on the Federal (ADA) American Disability Act that relates to Town Hall compliance. He continued that basic changes were being made, and that finances have been expended for labor and materials from this fiscal year. He continued that the doors' pressures also have been adjusted to comply. Town Manager Thrasher stated that engineers have been contracted for estimates which will be reviewed. He also advised the electronic data storage is underway, and reminded it had been necessary to upgrade the file server to accommodate this at a considerable cost. He reported on the newly purchased open portal program which allows anyone anywhere to access certain public records. Town Manager Thrasher explained how staff would not be involved in obtaining and providing that type of information any longer. He described the documents that will be on the new stored program within the next week. Town Manager Thrasher reported that was all provided for in the October 1, 2013 budget to the Commission. Commissioner Ganger inquired if we are where we want to be within the budget. Town Manager Thrasher responded that with regard to records management, the Town is within the budget. He also addressed the fact that the Police Department were able to basically lend a portion of their software budget very effectively to cover the Town Hall software expenses. D. Architectural Review & Planning Board 1. Meeting Dates a. April 24, 2014 @ 8:30 A.M. b. May 22, 2014 @ 8:30 A.M. c. June 26, 2014 @ 8:30 A.M. d. July 24, 2014 @ 8:30 A.M. e. There are no meetings in August. Mayor Orthwein reported that there will not be an ARPB Meeting in March. Town Clerk Taylor stated there is nothing on the board for March. L Regular Meeting and Public Hearing March 14, 2014 E. Finance Director 1. Financial Report for February 2014 Town Manager Thrasher stated that the Town is behind in the legal fee budget due to the fact they have been bombarded with law suits which the Commission has been aware of He continued that the legal fees expenditures at this time are 92% of the entire fiscal year budget, and that will be $150,000 over budget, which is not listed on this February Financial Report. Town Manager Thrasher stated that in the near future he will have to address the Commission as to what should be done by year end regarding the Fund Balance which was previously to be replenished by $160,000. He continued that he wanted the Commission to know at this meeting that the numbers are not lining up, and further stated that he will bring back more budget information for financial direction at the next Commission Meeting. F. Police Chief 1. Activity for February 2014 Police Chief Ward presented the Activity Report for February 2014, and it was accepted as submitted. IX. ITEMS FOR COMMISSION ACTION: A. Appointment of Ad Hoc Committee Member Re: Landscaping Mayor Orthwein suggested that Keith Williams who spoke earlier in the meeting regarding the Cook's landscaping project be contacted. Mr. Boardman stated that it was a very important position to fill for the Ad Hoc Committee. Commissioner Ganger stated for the record that Mr. Williams and his partner have worked in the community and suggested he would be an able choice. Town Clerk Taylor read the following Resolution: B. Resolution No. 14 -1: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA URGING THE FLORIDA LEGISLATURE TO ADOPT AND GOVERNOR RICK SCOTT TO SUPPORT LEGISLATIVE CHANGES PROVIDING FOR THE REGULATION OF RECOVERY RESIDENCES OR "SOBER HOUSES" IN THE FORM OF STATEWIDE LICENSING AND REGISTRATION; AND PROVIDING FOR AN EFFECTIVE DATE, this date of March 14, 2014. Commissioner Ganger moved and Commissioner White seconded the approval of Resolution No. 14- 1, with the opportunity of discussion at a future date. All vote AYE. C. Items by Mayor & Commissioners Mayor Orthwein again thanked everyone for coming to this meeting. X. ADJOURNMENT: Mayor Orthwein adjourned the meeting at 12:00 Noon. Sandra Fein Recording Secretary 7