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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 3 -9 -01 @ 9 A.M. 4 -6 -01 @ 9 A.M. 5 -11 -01 @ 9 A.M. 6 -8 -01 @ 9 A.M. 7 -13 -01 @ 9 A.M. 8 -10 -01 @ 9 A.M. 9 -14 -01 @ 9 A.M. 10 -12 -01 @ 9 A.M 11 -9 -01 @ 9 A.M. 12 -14 -01 @ 9 A.M 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. Page 2 i 2 -22 -01 @ 8:30 A.M. 3 -22 -01 @ 8:30 A.M. 4 -26 -01 @ 8:30 A.M. 5 -24 -01 @ 8:30 A.M. 6 -21 -01 @ 8:30 A.M. 7 -26 -01 @ 8:30 A.M. 9 -27 -01 @ 8:30 A.M. 10 -25 -01 @ 8:30 A.M. 11 -15 -01 @ 8:30 A.M. 12 -20 -01 @ 8:30 A.M. 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 �l 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. 3 -9 -01 @ 9 A.M. 4 -6 -01 @ 9 A.M. 5 -11 -01 @ 9 A.M. 6 -8 -01 @ 9 A.M. 7 -13 -01 @ 9 A.M. 8 -10 -01 @ 9 A.M. 9 -14 -01 @ 9 A.M. 10 -12 -01 @ 9 A.M. 11 -9 -01 @ 9 A.M. 12 -14 -01 @ 9 A.M. 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 Page 2 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 2 -22 -01 @ 8:30 A.M. 3 -22 -01 @ 8:30 A.M. 4 -26 -01 @ 8:30 A.M. 5 -24 -01 @ 8:30 A.M. 6 -21 -01 @ 8:30 A.M. 7 -26 -01 @ 8:30 A.M. 9 -27 -01 @ 8:30 A.M. 10 -25 -01 @ 8:30 A.M. 11 -15 -01 @ 8:30 A.M. Regular Meeting & Public Hearing Town Commission - February 9, 2001 Page 6 j. Regular Meeting & Public Hearing 12 -20 -01 @ 8:30 A.M. 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. N 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