HomeMy Public PortalAbout02/09/2001MAYOR: 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
THE TOWN OF GULF STREAM ON FRIDAY, FEBRUARY 9, 2001
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD,
FLORIDA.
AGENDA
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
February 2, 2001
TOWN COMMISSION OF
AT 9:00 A.M., IN THE
GULF STREAM,
IV.
Minutes of
the Regular
Meeting of
January 12,
2001.
V.
Additions,
withdrawals,
deferrals,
arrangement
of agenda items.
VI. Announcements.
A. Regular Mee
1. Regular
2. Regular
3. Regular
4. Regular
5. Regular
6. Regular
7. Regular
8. Regular
9. Regular
10. Regular
VII. PUBLIC HEARING.
tings and Public Hearings
Meeting & Public Hearing
Meeting & Public Hearing
Meeting & Public Hearing
Meeting & Public Hearing
Meeting & Public Hearing
Meeting & Public Hearing
Meeting & Public Hearing
Meeting & Public Hearing
Meeting & Public Hearing
Meeting & Public Hearing
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A. Applications for Development Approval
1. An application submitted by Shane Ames as Agent for
Tonio Arcaini, the owner of the property located at
3435 N. Ocean Blvd., Gulf Stream, Florida, which is
legally described as a portion of Lot 6, Gulf Stream Ocean
Tracts subdivision and a portion of the right -of -way of
Ocean Blvd. (abandoned).
a. TWO VARIANCES to permit the installation of a diesel
generator that would be located in the northwest
corner of the property which would encroach 28' into
the required 30' front setback and 13' into the
required 15' north side setback.
b. NORTH OCEAN BLVD. OVERLAY PERMIT for the installation
of the generator within the 50 -foot North Ocean Blvd.
Overlay District.
C. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
installation of the generator in the northwest corner
of the property.
B. Items related to previous approvals.
1. 1420 N. Ocean Blvd. - Sargeant Project
a. Request for approval of an alternate design of the
rear window feature submitted by Mark Marsh, Agent.
b. Request for the release of the Unity of Title for
Lots 11 & 12 in McLouth subdivison.
AGENDA CONTINUED
VIII. Reports.
A. Town Manager
1. Power Lines - Meeting with Representative Andrews
2. Drainage Update
3. Pelican Lane -Work in Progress
4. Lift Station Location
B. Town Attorney
C. Architectural Review & Planning Board
1. Meeting Dates
a. Regular Meeting &
b. Regular Meeting &
c. Regular Meeting &
d. Regular Meeting &
e. Regular Meeting &
f. Regular Meeting &
g. Regular Meeting &
h. Regular Meeting &
i. Regular Meeting &
j. Regular Meeting &
D. Finance Director
1. Financial Report for
2. Water Usage
E. Police Chief
1. Activity for January
Public Hearing
Public Hearing
Public Hearing
Public Hearing
Public Hearing
Public Hearing
Public Hearing
Public Hearing
Public Hearing
Public Hearing
January 2001
2001
IX. Items for Commission Action.
A. Items by Mayor and Commissioners.
X. Public.
XI. Adjournment.
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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
G
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MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, FEBRUARY 9, 2001 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 was led by the Mayor.
III. Roll Call.
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 Garrison
John Randolph
Rita Taylor
William Thrasher
Garrett Ward
Mrs. Tonio Arcaini
Shane Ames
Town Manager
Town Attorney
Town Clerk
Finance Director
Police Chief
Applicant
Agent for Arcaini
IV. Minutes of the Regular Meeting of January 12, 2001. 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 Garrison requested to add Item VIII.A.5., Concept
For Middle Road cul -de -sac. There were no objections
VI. Announcements.
A. Regular Meetings and Public Hearings
1. Regular Meeting & Public Hearing
2. Regular Meeting & Public Hearing
3. Regular Meeting & Public Hearing
4. Regular Meeting & Public Hearing
5. Regular Meeting & Public Hearing
6. Regular Meeting & Public Hearing
7. Regular Meeting & Public Hearing
8. Regular Meeting & Public Hearing
9. Regular Meeting & Public Hearing
10. Regular Meeting & Public Hearing
Mayor Koch called attention to these dates and
comment. Commissioner Lynch stated he would be
the July meeting later in the month.
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asked if there was any
interested in holding
Town Manager Garrison suggested that he could join the meeting via a
conference call. An informal poll of the other 4 Commissions determined
that all other Commissioners would be present for the July meeting and
it would not be necessary to change the meeting date.
Regular Meeting & Public Hearing
Town Commission - February 9, 2001
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VII. PUBLIC HEARING.
A. Applications for Development Approval
There were no ex -parte communications declared. Town Clerk Taylor
administered the Oath to Mrs. Arcaini and Shane Ames.
1. An application submitted by Shane Ames as Agent for
Tonio Arcaini, the owner of the property located at
O3435 N. Ocean Blvd., Gulf Stream, Florida, which is
legally described as a portion of Lot 6, Gulf Stream Ocean
Tracts subdivision and a portion of the right -of -way of
Ocean Blvd. (abandoned).
Town Manager Garrison reported that the ARPB had questioned and
discussed at great length alternative locations for the generator. They
determined that the requested location is the least objectionable from
the standpoint of the neighbors.
Mayor Koch observed that the proposed generator is powered by diesel
fuel. He believed there would be less fumes and less noise if propane
fuel were to be used. The Mayor then asked Mr. Ames and Mrs. Arcaini if
they had considered propane.
Mr. Ames advised this had not been considered and he would have to
research the matter to determine which fuel would be the least
objectionable. The Commission agreed that if it is proven that propane
is more objectionable, the applicant may return to the Commission for
further consideration.
Mayor Koch then asked Mrs. Arcaini if they would be willing to change to
propane fuel, and further if she and Mr. Arcaini agree to all of the
other conditions recommended by the staff and the ARPB.
Mrs. Arcaini stated that they agree to all of the conditions recommended
and a change to propane.
a. TWO VARIANCES to permit the installation of a diesel
generator that would be located in the northwest
corner of the property which would encroach 28' into
the required 30' front setback and 13' into the
required 15' north side setback.
Commissioner Lynch moved to approve the front setback variance, an
encroachment of 28', based on a finding that the eight standards are
met, subject to the following conditions: 1) The property owner shall
dedicate a 15' underground utility easement adjacent to AlA, across the
front of his property, prior to building permit; 2) The property owner
shall file a removal agreement for the generator in the event that the
Town or a utility company must access this area to install utilities or
other public improvements, prior to building permit; 3) The fuel to
power the generator shall be liquid petroleum stored in an underground
tank. Commissioner Orthwein seconded the motion. Roll Call: Comm.
Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE,
and Mayor Koch; AYE.
Regular Meeting & Public Hearing
Town Commission - February 9, 2001
Page 3
Commissioner Lynch then moved to approve the side setback encroachment
of 131, based on a finding that the eight standards are met and the
motion was seconded by Commissioner Orthwein. Roll Call: Comm.
Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE,
and Mayor Koch; AYE.
b. NORTH OCEAN BLVD. OVERLAY PERMIT for the installation
C, of the generator within the 50 -foot North Ocean Blvd.
Overlay District.
Commissioner Lynch moved and Commissioner Orthwein seconded that the
North Ocean Blvd. Overlay Permit be approved. 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
installation of the generator in the northwest corner
of the property.
Commissioner Lynch moved to approve the Level 3 Site Plan Review, based
on a finding that the application meets all of the review criteria.
Commissioner Devitt seconded the motion. Roll Call: Comm. Orthwein;
AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor
Koch; AYE.
B. Items related to previous approvals.
1. 1420 N. Ocean Blvd. - Sargeant Project
a. Request for approval of an alternate design of the
rear window feature submitted by Mark Marsh, Agent.
Town Manager Garrison called attention to a letter from the Agent, Mark
March, requesting that this matter be deferred until the meeting of
March 9, 2001 due to the fact he would be unavailable.
Commissioner Orthwein moved that the request be granted and the motion
was seconded by Commissioner Lynch, with all voting AYE at Roll Call.
b. Request for the release of the Unity of Title for
Lots 11 & 12 in McLouth subdivison.
Town Manager Garrison explained that the existing home was built across
the property line between Lots 11 and 12 and a Unity of Title had been
executed as a result. She further explained that approval has been
given for a new home to be constructed on one of the lots and the
existing home demolished. Mrs. Garrison confirmed that each of the two
lots meets the required size for that zoning district.
Inasmuch as there were questions regarding water access to lot 12 and
the content of the "Partial Release of Unity of Title" the Commissioners
agreed that this matter also be considered at the meeting to be held on
March 9, 2001, giving time to clarify the content of the document.
VIII. Reports.
A. Town Manager
1. Power Lines - Meeting with Representative Andrews
Town Manager Garrison reported that a number of municipalities were
represented at the meeting. She advised that there would be additional
costs involved to bury the power lines that we had not been previously
made aware of. Those would include trenching (one trench for electric
Regular Meeting & Public Hearing
Town Commission - February 9, 2001
Page 4
and another for phone and cable), street lights, property restoration
and the cost for Bell South and Adelphia to move their lines. While she
did not have firm quotes for each of these, Mrs. Garrison believed that
a very rough estimate of the cost to bury lines on AlA would be 8
million. In view of this, the Town Manager asked if the Commission
still wanted to move forward with a questionnaire to the residents.
OThe Commissioners agreed that a questionnaire would be inappropriate at
this particular time. They directed the Town Manager to continue to
request easements from new owners and across properties where
improvements are being planned.
Mrs. Garrison informed the Commission that the staff would continue to
look for funding sources as well as obtaining easements.
2. Drainage Update
The Town Manager reported that the permit applications have been
submitted to the Water Management District and it is expected that the
review process will take approximately 6 weeks. She then asked Mr.
Thrasher to report on the bidding for the 600 Wrightway project.
Mr. Thrasher advised that the low bidder for storm drain across the
property at 600 Wrightway was Mancon at $84,179, which is approximately
$14,000 more than expected. He reminded that Tim Diamond, owner of the
property will reimburse the Town for the portion from the existing
seawall to the new seawall which is expected to be $7,000.
Commissioner Orthwein moved and Commissioner Lynch seconded to award the
bid to the low bidder, Mancon, in the amount of $84,179. Roll Call:
Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins;
AYE, and Mayor Koch; AYE.
Mr. Thrasher advised that there will be extra costs for inspections by
the Town Engineer and by Mr. Harvel which he did not expect to be over
$1,000.
3. Pelican Lane -Work in Progress
Town Manager Garrison reported that work on Pelican Lane is progressing
along the lines of the Agreement with the City of Delray Beach. She
advised that the new water line for the Town has been installed, and a
future drainage connection for the Bath & Tennis Club is apparently
already in place.
4. Lift Station Location
Mrs. Garrison stated that the Town Staff and representatives of the
private sewer system had met at her request in an effort to make certain
the Town is aware of what properties are on line and that the Town has a
record of the locations of the lift stations. The Manager reported that
a procedure had been agreed upon to accomplish this. During the
discussion it was revealed that the lift stations need to be placed at
the front of the property so the red warning light can be seen and the
stations be properly maintained. As a result, it is not practical to
have them meet the setback requirement. Mrs. Garrison explained that,
unless there is an objection, she plans to consider lift stations as a
EN
Regular Meeting & Public Hearing
Town Commission - February 9, 2001
Page 5
part of the infrastructure rather than mechanical equipment which would
permit them to be placed in the front yard, provided they are screened
from view, with the exception of the warning light. As a point of
information, she advised that the Homeowners Improvement Association is
expecting to be asking permission to extend the sewer line along Gulf
Stream Road within the next year.
Mayor Koch remarked that whenever a pipe crosses the road, a depression
forms along the pipe. He cautioned against such an installation on a
newly paved road, calling attention to the problem of this kind on
Golfview Drive, and suggested that any future installations be done
prior to re- paving.
Mr. Thrasher advised that this was discussed at the meeting and the
contractor stated they will be doing more work to try and correct this
problem.
5. Middle Road cul -de -sac
Town Manager Garrison advised that there is a "hammerhead" configuration
at the west end of Middle Road but that at the present time it gives the
appearance of being private driveways for 550 and 555 Middle Road. She
distributed a drawing of the area in question. Inasmuch as new homes are
being constructed on both of these lots, she believed this would be the
time to improve this condition and perhaps turn the "hammerhead" into a
cul -de -sac, making it much easier for vehicles to turn around at the
dead end of the street. Mrs. Garrison stated this would be a complex
undertaking, as it would involve a number of pieces of property being
abandoned and or swapped. In addition, there is a power pole in the
middle of the "hammerhead" that would have to be moved and the property
owners have shown some interest in having the lines placed underground,
estimated to cost $30,000. The four owners at the end of Middle Road
are in discussion regarding this. If all of this is not accomplished,
the Town would then pave the "hammerhead" at the time Middle Road is
paved. She asked the Commission if they were interested in the concept
of a cul -de -sac, and if so, do they want her to pursue the matter.
The Commissioners were very much in favor of achieving a cul -de -sac and
directed that she continue to encourage property owners to place utility
lines underground in all areas of the Town.
B. Town Attorney
There was no report from the Town Attorney.
C. Architectural Review & Planning Board
1. Meeting Dates
a. Regular
b. Regular
c. Regular
d. Regular
e. Regular
f. Regular
g. Regular
h. Regular
i. Regular
Meeting & Public
Meeting & Public
Meeting & Public
Meeting & Public
Meeting & Public
Meeting & Public
Meeting & Public
Meeting & Public
Meeting & Public
Hearing
Hearing
Hearing
Hearing
Hearing
Hearing
Hearing
Hearing
Hearing
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Mayor Koch called attention to the above dates.
D. Finance Director
1. Financial Report for January 2001
Mr. Thrasher reported that both the General Operating Fund and the Water
Fund Budget Reports are typical for this time of year. He called
Oattention to the item on the check listing for the payment to the
auditor, noting that the amount is less than the Town has paid for audit
services in the past.
Commissioner Devitt moved and Commissioner Lynch seconded that the
Financial Report be approved as presented and all voted AYE.
2. Water Usage
E. Police Chief
k. Activity for January 2001
Chief Ward called attention to his activity report and added that the
Department has been concentrating on the enforcement of the Countywide
Water Restrictions by calling the residents attention to any violations
and then assisting them in resetting their irrigation clocks. He
reported excellent cooperation.
IX. Items for Commission Action.
A. Items by Mayor and Commissioners.
Mayor Koch reminded that at the next regular meeting an application for
a building addition submitted by the Gulf Stream School will be
considered. He further reminded that some previous discussion had been
held with regard to the fact that while the school benefits from the
services provided by the Town, they do not share in the cost of such
services since they have a tax exempt status. He went on to make it
clear that the application and the value of services to the school are
two separate issues and must be considered as such. Mayor Koch reported
that a number of property owners feel it is unfair that they are
supporting these services when in fact their tax burden could be
lessened if there were single family homes on this property which would
increase the tax base. He then asked Mr. Thrasher to explain the
written material that had been previously distributed.
Mr. Thrasher explained that it is difficult to place a value on the
services to the school. However he had compiled an annual dollar cost
estimate of $11,846.26. By way of comparison he pointed out that the
Little Club pays taxes on their improvements (land not included) to the
Town in the amount of $4,569.85 and the Gulf Stream Golf Club pays
$27,654.07 on their improvements. If the school was not tax exempt,
they would be paying $17,843 per year based on the value of their
improvements.
Mayor Koch noted that it would only cost each student $75.00 per year to
be a part of this community.
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Regular Meeting & Public Hearing
Town Commission - February 9, 2001
Commissioner Hopkins pointed out that if
believed it would also address concerns
improvements to the school.
Page 7
this were to be done, he
of many taxpayers regarding
Commissioner Devitt asked if the amount of payment would fluctuate with
the tax roll each year to which Mayor Koch replied that it would be a
fair method to all concerned.
Commissioner's Orthwein and Hopkins believed that this discussion should
be conveyed to the school. Town Manager Garrison stated she would relay
the information to the school.
Commissioner Devitt and Mayor Koch made it clear that the issue of
contributions for services is a separate issue from the proposed
improvements to the school. Commissioner Devitt confirmed with Attorney
Randolph that the payment would have to be handled through some type of
voluntary agreement between the school and the Town.
X. Public. There was no comment from the public.
XI. Adjournment. Mayor Koch adjourned the meeting at 10:20 A.M.
2 .
To zeL,
Rita L. Taylor Town Clerk