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HomeMy Public PortalAbout12/11/1998December 4, 1998 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 11, 1998 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. Applications for Development Approval 1. An application submitted by Randall Stofft Architects, III. Roll Call. (1 of the property located at 3813 N. Ocean Blvd., Gulf �~✓✓ IV. Minutes of the Regular Meeting of November 13, 1998. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. b. LAND CLEARING PERMIT to permit removal /relocation of Existing vegetation to clear building site. A. Regular Meetings and Public Hearings construction of a 2 -story single family dwelling 1. Regular Meeting Friday, Jan. 8, 1999 at 9:00 A.M. A. 2. Regular Meeting Friday, Feb. 12, 1999 at 9:00 A.M. B. 3. Regular Meeting Friday, Mar. 12, 1999 at 9:00 A.M. 4. Regular Meeting Friday, Apr. 9, 1999 at 9:00 A.M. VII. Presentations. A. Service Awards VIII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Randall Stofft Architects, P.A., as agents for Richard & Faye Thurman, the owners (1 of the property located at 3813 N. Ocean Blvd., Gulf �~✓✓ Stream, Florida, which is legally described as Lot 3, Block B., Palm Beach Shores Acres. a. AlA VEGETATIVE DISTURBANCE PERMIT to permit the Installation of a driveway entrance and gate, a Continuous hedge along AlA, and addition of Palm trees. b. LAND CLEARING PERMIT to permit removal /relocation of Existing vegetation to clear building site. c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a 2 -story single family dwelling consisting of 7,173 square feet at the location described herein. IX. Reports. A. Town Manager 1. AlA Landscape Update B. Town Attorney C. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 12 -17 -98 at 8:30 A.M. b. Regular Meeting & Public Hearing 1 -28 -99 at 8:30 A.M. c. Regular Meeting & Public Hearing 2 -25 -99 at 8:30 A.M. D. Finance Director 1. Financial Report for November 1998 2. Bi- monthly Water Report E. Police Chief 1. Activity for November 1998 AGENDA CONTINUED X. Items for Commission Action. A. Private Sewer System Expansion -Perry O'Neal B. Resolutions 1. #98 -12; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, WHICH SUPERSEDES RESOLUTION NO. 97- 7,ESTABLISHING FEES FOR THE PROCESSING OF APPLICATIONS FOR DEVELOPMENT APPROVAL; PROVIDING FOR THE RECOVERY OF DIRECT COSTS ASSOCIATED WITH THE PROCESSING OF SUCH APPLICATIONS, PROVIDING FOR A WAIVER OF SUCH FEES AND EXPENSES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 2. #98 -13 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, WHICH SUPERSEDES RESOLUTION NO. 98 -6, ESTABLISHING FEES FOR THE PROCESSING AND REVIEW OF APPLICATIONS FOR BUILDING PERMITS, PROVIDING FOR THE RECOVERY OF COSTS ASSOCIATED WITH THE PROCESSING OF SAID APPLICATIONS, PROVIDING FOR A WAIVER OF SUCH FEES AND EXPENSES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. Appointment of an Intracoastal Waterway Safety Liaison D. Items by Mayor and Commissioners. XI. Correspondence. A. Resolution No. C- 1998/150 opposing U.S. Army Corps of Engineers proposed setback criteria -City of Deerfield Beach XII. Public. XIII. 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, DECEMBER 11, 1998 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 OMayor Koch. III. Roll Call. The Pledge of Allegiance was led by Present and William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice Mayor Fred B. Devitt III Commissioner Robert W. Hopkins II Commissioner William A. Lynch Commissioner Also Present and Participating Kristin K. Garrison Rita Taylor William Thrasher Robert Schultz Randall Stofft Perry O'Neal Doug Fox Town Manager Town Clerk Finance Director Police Chief Agent for Thurman Town Resident Underground Contr. IV. Minutes of the Regular Meeting of November 13, 1998. Commissioner Hopkins stated that during the discussion regarding the parking at Jamaica Square, he advised that he had no authority to speak for E1 Cortijo but that he would contact them and inquire if they felt they could share a little more of their property to ease the parking problems at Jamaica Square. The Commissioner explained that this offer was intended to be a part of a total package to reconfigure the parking and beautify the entire parking area at Jamaica Square and he requested that this be made clear in the minutes. Commissioner Lynch moved and Commissioner Orthwein seconded that the minutes be approved as amended and all voted AYE at roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items. The Town Manager advised that Doug Fox would be arriving to explain some of the details of the Phase 2 private sewer system and it has been requested that this item be considered upon his arrival. There Owere no objections to this request. VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting Friday, Jan. 8, 1999 at 9:00 A.M. 2. Regular Meeting Friday, Feb. 12, 1999 at 9:00 A.M. 3. Regular Meeting Friday, Mar. 12, 1999 at 9:00 A.M. 4. Regular Meeting Friday, Apr. 9, 1999 at 9:00 A.M. Mayor Koch called attention to the meetings listed herein. The Town Clerk reminded that the February meeting had been tentatively changed to February 5, 1999 at the last meeting with a confirmation to follow at Town Commission Regular Meeting and Public Hearing - December 11,1998 page 2 this time. The Mayor and all Commissioners were agreeable to the February 5, 1999 date. VII. Presentations. A. Service Awards Town Manager Garrison announced that two Gulf Stream Police Officers who have completed 10 years of employment with the Town were to be honored this morning, Deputy Chief Gary Ward and Sergeant Edward Allen. She noted that they share some of the same qualities, especially in the area of extraordinary "people skills" and their concern for the Town of Gulf Stream. Mrs. Garrison added that she has found Gary Ward to be the quintessential professional, always diplomatic, who can be depended upon to follow up on assignments he is given or has initiated. The Town Manager stated that she continues to be amazed at how many different areas in which Ed Allen is proficient. She pointed out that he is always willing to use his skills and share his knowledge whether it be repairing vehicles, installing storm shutters or building a room in the Town's garage. She then presented each officer with a sterling silver key chain bearing the Town logo. The Commissioners expressed their great appreciation for the officer's service to the Town. VIII. PUBLIC HEARING. A. Applications for Development Approval Mayor Koch asked that all persons who intended to speak at this Public Hearing please stand to take the oath. The Town Clerk administered the oath to Randall Stofft, Mrs. Grant Williams and Perry O'Neal. There were no Ex -Parte Communications declared. 1. An application submitted by Randall Stofft Architects, P.A., as agents for Richard & Faye Thurman, the owners of the property located at 3813 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as Lot 3, Block B., Palm Beach Shores Acres. Mr. Stofft displayed a color rendering of the proposed Mediterranean style two -story dwelling and called attention to the simple massing, lines and detail. He stated he was prepared to answer any questions. Mayor Koch asked the Town Manager for a report on the findings of the Architectural Review and Planning Board. Mrs. Garrison stated that the OBoard had unanimously recommended approval and complimented the architect on the design. There were no questions from either the Commission or the public. a. AlA VEGETATIVE DISTURBANCE PERMIT to permit the installation of a driveway entrance and gate, a continuous hedge along AlA, and addition of Palm trees. Commissioner Orthwein moved and Commissioner Devitt seconded that the AlA Vegetative Disturbance Permit be granted based on a finding that it is consistent with the Design Manual and the AlA Landscape Enhancement Town Commission Regular Meeting and Public Hearing - December 11,1998 page 3 Project. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. b. LAND CLEARING PERMIT to permit removal /relocation of existing vegetation to clear building site. Commissioner Orthwein moved that the Land Clearing Permit be approved based on a finding that it is consistent with the Design Manual and the AlA Landscape Enhancement Project, subject to providing the Town Manager Owith more detailed information regarding proposed clearing and grading activity. The motion was seconded by Commissioner Devitt. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a 2 -story single family dwelling consisting of 7,173 square feet at the location described herein. Commissioner Lynch moved and Commissioner Orthwein seconded the motion to approve the Level 3 Architectural /Site Plan Review, based on a finding that all applicable code requirements have been met, subject to the following conditions: 1) The building color shall be consistent with the guidelines in the Design Manual. 2) The proposed home and site shall comply with all code requirements, including those listed in the staff report. 3) Drainage plans prepared by a registered engineer shall be submitted prior to building permit, demonstrating no adverse impact to adjacent properties. 4) A copy of the recorded Warranty deed shall be submitted to Town Hall prior to issuance of a building permit. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. IX. Reports A. Town Manager 1. AlA Landscape Update Town Manager Garrison distributed a drawing of a potential parking and landscaping scheme for Jamaica Square prepared by Landscape Architect Connie Fisher. She pointed out that there are 7 proposed parallel parking spaces and a reconfiguration of the spaces along the north side. Mrs. Garrison added that it would most likely be necessary to remove the mature sea grape trees at the edge of the new parking area, but that they may be relocated successfully. With regard to DOT, Mrs. Garrison advised that they do not mandate Oremoval of parking from the rights -of -way but that they would likely support a new plan for such parking as safer. The new plan was well received by the Commission and the Town Manager was directed to meet with the residents and explain why the Town feels it necessary to make these changes, stressing the safety concerns with the existing conditions. The Town Manager was also authorized to move forward with DOT and instructed that she need not return to the Commission prior to construction if DOT approves. Mayor Koch observed that Jamaica Square as promised had not constructed the new dumpster enclosure. Mrs. Garrison reported that Jamaica Square Town Commission Regular Meeting and Public Hearing - December 11,1998 page 4 had been trying to arrange for a third pick up with B.F.I. only to find that B.F.I. is not anxious to provide any extra pick -ups. If this proves to be final, it will be necessary for Jamaica Square to construct a larger facility. Town Manager Garrison advised that a new development proposal for the Yake property has been submitted to the City of Delray Beach and a Omeeting is planned for January 6, 1999. She provided a copy of the site plan with east elevations shown. Mrs. Garrison stated that she has furnished copies of the plan to those property owners in Gulf Stream who will be looking at the development across the Intracoastal Waterway and has received a list of concerns from them. Some of the concerns are with the color of the structures in that they will be of a Key West design that lends itself to bright colors, insufficient landscaping on the east side of the property and the removal of so many of the mangroves. Mayor Koch observed that this project is much better than the last one that was proposed and reminded that the only power the Town has is to request, since the development is in the City of Delray and it appears they are developing within the Delray Code. The Commission directed the Town Manager to handle the matter with the City of Delray Beach and the developers in an effort to assist the Gulf Stream residents in resolving at least some of their concerns. The Commission indicated that Mrs. Garrison should attend the January 6th meeting only if the Delray Planning Director felt it would be helpful. In closing the Town Manager's Report, Mrs. Garrison advised that FIND will be clearing their properties located on the north and south sides of Place Au Soleil. She stated she has spoken with the contractor and he has agreed to meet with her on the sites to resolve any potential problems involving the residents in Place Au Soleil. Mrs. Garrison said that it would take approximately one week for each side and that there would be a 50 foot barrier of vegetation left around the edge. Mayor Koch will take B. There was C. Mayor Koch and Commissioner Lynch asked to be notified when the meeting place, as they wanted to be present. Town Attorney no Town Attorney's report. Architectural Review & Planning 1. Meeting Dates a. Regular Meeting & Public b. Regular Meeting & Public c. Regular Meeting & Public called attention to these dates. Board Hearing Hearing Hearing 12 -17 -98 at 8:30 A.M. 1 -28 -99 at 8:30 A.M. 2 -25 -99 at 8:30 A.M. Town Manager Garrison advised that Mr. Fox had arrived and the matter of the private sewer system expansion could be considered at this time as was agreed upon at the beginning of the meeting. Town Commission Regular Meeting and Public Hearing - December 11,1998 page 5 Mr. Perry O'Neal, President of the Gulf Stream Homeowners Improvement Association, Inc., explained that all permits are in place for the construction of the second phase of the private sewer system. Doug Fox, the contractor for the project, displayed a drawing showing an overall view of the project, pointing out that Phase 2 will connect to Phase 1 at Polo and Lakeview and continue south on Polo Drive. He Oexplained that permission has been given to use the vacant lot on Polo Drive for staging and the construction will be done in a small area at a time with each area being covered and cleaned up before the next one is started. Mr. Fox advised that he expects to complete Phase 2 before the end of January 1999. Mr. O'Neal advised that when this phase is completed, there will be a sewer access for all water front property in the area. Town Manager Garrison explained that the documents on file in the Town Hall do not cover this expansion. She advised that she had spoken to Attorney Randolph about this and he had advised that a simple motion to approve the construction and authorize the use of the rights -of -way would be sufficient since the easements are in place. Mayor Koch wanted to be certain that the Town had no liability for any injury and /or damage during this construction, and the Commission directed the Town Manager to clarify this before issuing a permit. Commissioner Orthwein moved and Commissioner Hopkins seconded that approval be given to the Homeowners Improvement Association, Inc. for the construction of Phase 2 of the private sewer system in accordance with the original documents, and that authorization be given for the use of the rights -of -way for this construction. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. D. Finance Director 1. Financial Report for November 1998 William Thrasher, Finance Director, reported that there is nothing outstanding in the report and pointed out that the Ad Valorem Tax Revenue has started arriving. Commissioner Lynch moved that the report OCommissioner Orthwein seconded the motion AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Koch; AYE. be accepted as Roll Call: Comm. Hopkins; presented and Comm. Orthwein; AYE, and Mayor Mr. Thrasher advised that he expects to have the draft of the audit for 1997 -1998 within the next few days and that it will be on the January agenda for Commission consideration. He further advised that as a point of information, funding was provided in the new budget to cover mandated improvements on the underground gas tank. He further advised that after the bids were taken, the environmental agencies added additional mandated requirements, which have increased to cost by $2,500. Mr. Town Commission Regular Meeting and Public Hearing - December 11,1998 page 6 Thrasher stated that a budget adjustment would not be necessary but he wanted the Commission to be aware of the reason for the increase. Mayor Koch suggested that this reason for the increase in cost after the bid be made a part of the record for future reference. 2. Bi- monthly Water Report The Bi- monthly Water Report was made a part of the record with no Qcomment. E. Police Chief 1. Activity for November 1998 Chief Schultz presented and explained the activity report for his department. He added that he had attended the P.A.S. annual dinner meeting, Officer Schlosser attended a D.U.I. workshop at the Sheriffs Office and Officer Sindone attended a burglary intelligence meeting, also at the Sheriffs Office. The Chief closed his report by advising that a new police officer, Steven Hynes, began employment on November 16, 1998. X. Items for Commission Action. A. Private Sewer System Expansion -Perry O'Neal This item was considered earlier on the agenda. B. Resolutions 1. #98 -12; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, WHICH SUPERSEDES RESOLUTION NO. 97- 7,ESTABLISHING FEES FOR THE PROCESSING OF APPLICATIONS FOR DEVELOPMENT APPROVAL; PROVIDING FOR THE RECOVERY OF DIRECT COSTS ASSOCIATED WITH THE PROCESSING OF SUCH APPLICATIONS, PROVIDING FOR A WAIVER OF SUCH FEES AND EXPENSES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. The Town Clerk read Resolution No. 98 -12 by title after which Commissioner Lynch moved and Commissioner Hopkins seconded that the Resolution be adopted. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. 2. #98 -13 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, WHICH SUPERSEDES RESOLUTION NO. 98 -6, ESTABLISHING FEES FOR THE PROCESSING AND REVIEW OF APPLICATIONS FOR BUILDING PERMITS, PROVIDING FOR THE RECOVERY OF COSTS ASSOCIATED WITH THE PROCESSING OF SAID APPLICATIONS, PROVIDING FOR A WAIVER OF SUCH FEES AND O EXPENSES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Following the reading of the title of Resolution No. 98 -13, Commissioner Lynch moved its adoption. The motion was seconded by Commissioner Hopkins. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. B. Appointment of an Intracoastal Waterway Safety Liaison Mayor Koch explained that in the past the Town had erected "no wake" signs along the Intracoastal Waterway only to have them removed by the Coast Guard. The Mayor advised that he regularly receives complaints about the unsafe conditions on the Intracoastal and he believed that the Town should have someone who is able to communicate with the Coast Guard C� Town Commission Regular Meeting and Public Hearing - December 11,1998 page 7 to represent the Town and express these safety concerns. Mayor Koch noted that Erik Hvide is acquainted with this agency and he suggested that Mr. Hvide be appointed Intracoastal Waterway Safety Liaison. Commissioner Lynch moved that Mr. Hvide be appointed to this position and Commissioner Devitt seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. C. Items by Mayor and Commissioners. There were no items by the Mayor or the Commissioners. XI. Correspondence. A. Resolution No. C- 1998/150 opposing U.S. Army Corps of Engineers proposed setback criteria -City of Deerfield Beach This Resolution was made a part of the official record. XII. Public. There was no public comment. XIII. Adjournment. Mayor Koch adjourned the meeting at motion to do so made by Commissioner Lynch Commissioner Hopkins with all voting in the pt Y4, �/-' a Rita L. Taylor Town Clerk approximately 10:15 A.M. on a that was seconded by affirmative. 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 17, 1998, at 8:30 A.M., and the Town Commission will hold a Public Hearing on January 8, 1998, 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 Mark Marsh, as agent for Mr. & Mrs. Harry C Sargeant, the owners of the property located at 1240 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as Lots 11, 11A and 12, McLouth Subdivision for a; 1) Level 3 Architectural /Site Plan Review to permit renovation and a partial demolition of the existing Gulf Stream Bermuda style dwelling and the addition of a 3 car garage, • partial second story, two first floor additions and a pool cabana for • net total addition of 6,323 square feet. This approval will supercede the previous approvals for two Mediterranean style residences. 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 their respective 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 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. TOWN OF GULF STREAM, FLORIDA Dated: December 5, 1998 ita L. Taylor, Pwn Clerk