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