HomeMy Public PortalAbout06/10/2005NOTICE 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 June 23, 2005 at 8:30 A.M., and the Town Commission
will hold a Public Hearing on July 8, 2005 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 Robert E. Fetrow, Gator
Engineering Services, agent for Pelican Lane, LLC, owners of
the property located at 1302 Pelican Lane, Gulf Stream,
Florida, legally described as Part of Lot 24 and Part of Lot
25, Section 9, Township 46S, Range 43 East, for the
following:
1. SPECIAL EXCEPTION to permit additions to an existing non-
conforming structure that currently encroaches 6.8' into the
required 30, front setback, 20' into the required rear
setback, 1.5' into the required 15' west side setback and
4.7' into the east side setback.
2. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit three
additions to an existing Bermuda style home, a new front
entry, two bay windows, and an addition to the existing great
room, a net increase of 105 square feet. In addition, a new
flat cement tile roof and quoins are being requested.
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
the 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 THE 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.
Dated: June 8, 2005
TOWN OF GULF STREAM, FLORIDA
t
Rita L. Taylor,�own Clerk
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
THE TOWN OF GULF STREAM ON FRIDAY, JUNE 10, 2005 AT
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD,
FLORIDA.
iT yk u e
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes
A. Regular Meeting of May 13, 2005
B. Workshop Meeting of May 24, 2005
June 3, 2005
TOWN COMMISSION OF
9:00 A.M., IN THE
GULF STREAM,
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. July 8, 2005 @ 9 A.M.
2. August 12, 2005 @ 9 A.M.
3. September 9, 2005 @ 9 A.M.
4. October 14, 2005 @ 9 A.M.
5. November to be determined
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by Dan Carter of Carter &
Associates Landscape Architects, Inc., agent for Anthony
Pugliese III, owner of the property located at 3145 N.
Ocean Blvd, Gulf Stream, Florida, legally described in
metes and bounds in Government Lot 2, Section 3, Township
46 South, Range 43 East, for the following:
a. VARIANCE 1. To permit construction of an entrance
feature (including an arch, gates, wall columns and
gas lanterns) which exceeds the maximum permitted
(8 foot high) as provided in Section 70 -187
Paragraph 4 and Section 70 -187 Paragraph 5. of the
Code of Ordinances.
b. VARIANCE 2. To install fountain /statuary that
encroaches 20' into the required 30' front accessory
setback as provided in Section 70 -74 and also does
not conform to the provisions of Section 70 -268 of
the Code of Ordinances which prohibits statuary that
is visible from the street.
C. NORTH OCEAN BLVD. OVERLAY PERMIT. To construct an
entrance feature, gates, fountain /statuary and
pagoda, and re- landscape the area.
d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW requesting
approval for construction of an entrance
feature, gates, fountain/ statuary, pagoda and
approval of landscaping as proposed for the area.
AGENDA CONTINUED
Page 2
VIII. Reports.
A. Town Manager
1. Hurricane Preparedness
B. Architectural Review & Planning Board
1. Meeting Dates
a. June 23, 2005 @ 8:30 A.M.
b. July 28, 2005 @ 8:30 A.M.
c. September 22, 2005 @ 8:30 A.M.
d. October 27, 2005 @ 8:30 A.M.
e. November to be decided
C. Finance Director
1. Financial Report for
2. Bi- monthly Water Usage
3. Preliminary 2005/2006 Budget Presentation
D. Police Chief
1. Activity for May 2005
IX. Items for Commission Action.
A. Request to Increase Permit Fees
B. Letter of Understanding for Audit Services
C. Approval of distribution of Justice Assistance Grant Funds
D. Interlocal Agreement with Solid Waste Authority for Disaster
Debris Management
E. Items by Mayor and Commissioners.
X. Public.
XI. 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
O
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JUNE 10, 2005 AT 9:00
A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF
STREAM, FLORIDA.
I. Call to Order.
at 9 A.M.
Vice -Mayor Orthwein called the meeting to order
II. Pledge of Allegiance.
Vice - Mayor.
III. Roll Call.
The Pledge of Allegiance was led by the
Present and Joan K. Orthwein
Participating: Fred B. Devitt III
Robert W. Hopkins II
William A. Lynch
Absent with
Notice: William F. Koch, Jr
Also Present and William Thrasher
Participating: Garrett Ward
John Randolph
Rita Taylor
Anthony Pugliese
Dan Carter
Warren Adams
Michael Weiner
Pami Maugham
Cynthia Neeves
Tony Moreno
IV. Minutes
Vice Mayor
Commissioner
Commissioner
Commissioner Via Phone
Mayor
Town Manager
Police Chief
Town Attorney
Town Clerk
Resident
Agent for Pugliese
Agent for Pugliese
Attorney for Pugliese
Attorney for Pugliese
Alternate ARPB Member
Alternate ARPB Member
A. Regular Meeting of May 13, 2005
B. Workshop Meeting of May 24, 2005
Commissioner Hopkins moved and Commissioner Devitt seconded that the
minutes be approved as circulated and all voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda itei
Town Manager Thrasher requested to add Item VIII.E., Attorney -Dock
Ordinance Conflict and Item IX.F., Florida League Conference /Voting
Delegate. There were no objections.
CjVI
Announcements.
A. Regular Meetings and Public Hearings
1. July 8, 2005 @ 9 A.M.
2. August 12, 2005 @ 9 A.M.
3. September 9, 2005 @ 9 A.M.
4. October 14, 2005 @ 9 A.M.
5. November to be determined
Vice -Mayor Orthwein announced these dates.
Commissioner Devitt disclosed that he had spoken with Mrs. Dixson, a
town resident, and she opposes the entry feature.
Regular Meeting & Public Hearing Page 2
Town Commission June 10, 2005
Town Clerk Taylor asked that all persons who intended to speak please
stand to take the Oath. The Clerk Taylor administered the Oath to Mr.
Carter, Mr. Pugliese, Mr. Adams, Mr. Weiner, Ms. Maugham, Mrs. Neeves
and Mr. Moreno.
VII. PUBLIC HEARING.
C�' A. Applications for Development Approval
1. An application submitted by Dan Carter of Carter &
Associates Landscape Architects, Inc., agent for Anthony
Pugliese III, owner of the property located at 3145 N.
Ocean Blvd, Gulf Stream, Florida, legally described in
metes and bounds in Government Lot 2, Section 3, Township
46 South, Range 43 East, for the following:
Attorney Weiner reminded that the ARPB recommended denial of the
application. He stated that his client firmly believes that the proposed
structure meets the variance requirements. Mr. Weiner distributed a map
from the property appraiser office showing that the property is twice as
wide as the surrounding properties along AlA and thus, it should be
treated differently. He added that there have been changes since the
ARPB recommended denial. Mr. Weiner stated that under Section 70 -187 of
the Town Code, if less than 20% of the landscape area is hardscape
including the fountain, it is not prohibited. He added that the height
of the fountain has been reduced, the gate has been moved out of the
30' setback, and the height of the entry feature has been reduced to 17'
11 ". Mr. Weiner stated that the gate is not attached to the wall and
under Section 70 -51 of the Code, the entry feature is now considered a
minor accessory structure. He addressed standards 1, 3, 5 and 8, and
believed that they are now met. Mr. Weiner requested that Mr. Adams and
Mr. Carter present their expert opinions.
Mr. Adams, a historic preservation planner, stated that this is a
historic home and under the national preservation standards, and keeping
the historical integrity of the property, the entrance feature is in
scale with the home. He added that there is a photo of the former gate
but there is no proof that was the original gate.
Mr. Carter, landscape architect, stated that the entrance feature is in
keeping in scale with the property. He advised that there would be 120
coconut palms planted on both sides of the wall and on the backside of
the wall a 14' high pigeon palm hedge would be installed to hide the view
from AlA.
Attorney Randolph advised that the changes that are being presented may
not need a variance. Mr. Randolph asked if the variance request is being
withdrawn.
Mr. Weiner stated that he believes that the variance requirements have
been met and the gate and fountain meets the code. He stated that they
are not willing to say they would not pursue wrongful denial of a
variance request but he is willing to come to some term with staff.
Regular Meeting & Public Hearing Page 3
Town Commission June 10, 2005
Vice -Mayor Orthwein asked if he is willing to give staff and the ARPB the
Opportunity and time to review the changes.
Mr. Weiner stated yes.
Attorney Randolph advised that the Town Manager has not had the
Oopportunity to review the changes and he does not know if what is being
presented would require a variance. Mr. Randolph reminded that all 8
criteria for a variance have to be met in order for the North Ocean
Boulevard Permit and the Level 3 Architectural Site /Plan Review to be
approved as presented. He advised the Commission to move on the Variance
requests, the North Ocean Boulevard Permit and the Level 3 Architectural
Site /Plan Review.
Vice -Mayor Orthwein asked if there were any comments.
Mrs. Neeves mentioned that the concern of the ARPB was not the height of
the fountain, but that it was encroaching in the 30' setback.
Town Manager Thrasher asked if the gate would be attached to the wall and
why weren't standards 2, 4, 6 and 7 addressed.
Mr. Weiner stated that the denial was based upon not meeting standards 1,
3, 5 and 8 and felt he should concentrate on the ones that were not met.
He confirmed that the gate would not be attached to the wall.
Commissioners Hopkins and Devitt felt that the application with the
changes should be reviewed by staff and the ARPB.
a. VARIANCE 1. To permit construction of an entrance
feature (including an arch, gates, wall columns and
gas lanterns) which exceeds the maximum permitted
(8 foot high) as provided in Section 70 -187
Paragraph 4 and Section 70 -187 Paragraph 5. of the
Code of Ordinances.
b. VARIANCE 2. To install fountain /statuary that
encroaches 20' into the required 30' front accessory
setback as provided in Section 70 -74 and also does
not conform to the provisions of Section 70 -268 of
the Code of Ordinances which prohibits statuary that
O is visible from the street.
C. NORTH OCEAN BLVD. OVERLAY PERMIT. To construct an
entrance feature, gates, fountain /statuary and
pagoda, and re- landscape the area.
d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW requesting
approval for construction of an entrance
feature, gates, fountain/ statuary, pagoda and
approval of landscaping as proposed for the area.
Commissioner Devitt moved and Commissioner Hopkins seconded to defer the
application until staff and the ARPB has the opportunity to review all
the changes. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm.
Hopkins; AYE and Vice -Mayor Orthwein; AYE.
Regular Meeting & Public Hearing
Town Commission
Page 4
June 10, 2005
VIII.Reports.
A. Town Manager
1. Hurricane Preparedness
Town Manager Thrasher reported that there was an annual hurricane
meeting held and he felt that the town is better prepared in the event
of a hurricane.
B. Architectural Review & Planning Board
C1 1. Meeting Dates
a. June 23, 2005 @ 8:30 A.M.
b. July 28, 2005 @ 8:30 A.M.
c. September 22, 2005 @ 8:30 A.M.
d. October 27, 2005 @ 8:30 A.M.
e. November to be decided
Vice -Mayor Orthwein announced these dates.
C. Finance Director
1. Financial Report for May
Mr. Thrasher asked that the report be accepted as submitted, if there
were no questions, and there were none.
Commissioner Devitt moved and Commissioner Hopkins seconded to approve
the financial report. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE,
Comm. Hopkins; AYE and Vice -Mayor Orthwein; AYE.
2. Bi- monthly Water Usage
This item was made a part of the official record.
3. Preliminary 2005/2006 Budget Presentation
Mr. Thrasher presented his recommendations for the preliminary budget
for fiscal year 2005/2005. He reported that the millage rate of 3.2651
mills is the same as the current year and that this is a balanced budget
with no funds coming from the unreserved fund. He is proposing to add 2
officers and 1 patrol car to the police department. He requested that
$4,300 be allotted to change 25% of the streetlights in Place Au Soleil
to a fiberglass pole with a carriage light. The Town Manager added that
he would like to outsource the lawn maintenance services so he could
utilize that employee's time more productively. He has gotten a quote
of $3,600 to $4,800 annually, but to date he has not received a formal
proposal. Mr. Thrasher requested to increase the town contributions to
the employees' retirement fund from 12.6 percent to 14.6 percent and the
employees contribution from 7 percent to 8 percent. He added that
another option would be to enter the Florida Retirement System where the
town pays from 10 percent up to 18 percent for high -risk employees. Mr.
OThrasher advised that the Commission should still consider building a
fire substation.
The Town Manager stated that there is $142,000 coming
revenues, the telecommunication tax is increasing and
increasing which represents up to $20,000 in revenue.
the request to increase permit fees is approved,'it w
substantial increase in revenue.
Commissioner Orthwein asked if burying the powerlines
considered.
in from ad valorem
interest rates are
He added that if
Auld be a
is still being
Regular Meeting & Public Hearing Page 5
Town Commission June 10, 2005
Mr. Thrasher stated that he is still getting quotes from FPL and now it
is half the cost of the original proposal.
Commissioner Devitt asked if the preliminary tax roll figure is out.
Town Manager Thrasher stated that they came out June 1 and those figures
Ohave been incorporated in the ad valorem revenue in this preliminary
budget.
Town Clerk Taylor added that the final figures would be out July 1.
Commissioner Hopkins commented that during his contact with the town
residents, they do not believe there is a need for more officers. He
asked if there was more data to justify two additional officers.
The Town Manager stated that there is no additional information for
hiring of two more officers, it is just a level of service for the
residents.
Commissioner Lynch stated that he would prefer to see more officer
presence than a substation.
Commissioner Devitt suggested that the Town Manager bring the substation
issue to the Commission at another future time.
D. Police Chief
1. Activity for May 2005
Chief Ward asked that the report be accepted as submitted, if there were
no questions. He added that Sergeant Schlosser would be retiring at
the end of the month after 14 years of service.
E. Attorney -Dock Ordinance Conflict
Attorney Randolph advised that there is a conflict between Section 66-
369(5), which states there is permitted one boatlift and one davit etc.
and the amendment to Section 66- 369(6)as shown in Ordinance #04/9 that
permits only 1 boatlift and a dock.The Consultant believed that the
intent was to have only 1 vessel hanging out of the water. Attorney
Randolph asked for clarification of the intent of the Commission. An
amending ordinance will be necessary to remove the conflict either way.
The Commission discussed this item and suggested that the amending
Ordinance provide for, one boatlift and a hoist to lift a craft out of
Othe water and place. on the land, and a floating platform not exceed 16
ft. in length to hold no more than 2 watercrafts of a maximum length of
141. Attorney Randolph was directed to prepare the appropriate
language.
IX. Items for Commission Action.
A. Request to Increase Permit Fees
Town Manager Thrasher explained that he had added the permit fees
charged by Palm Beach County to those charged by Gulf Stream, and Gulf
Stream fees are among the lowest when compared to other municipalities.
He recommended that the Commission approve the proposed increase.
Regular Meeting & Public Hearing Page 6
Town Commission June 10, 2005
Commissioner Lynch moved and Commissioner Devitt seconded to increase
the permit fees as recommended. Roll Call: Comm. Devitt; AYE, Comm.
Lynch; AYE, Comm. Hopkins; AYE and Vice -Mayor Orthwein; AYE.
B. Letter of Understanding for Audit Services
Town Manager Thrasher explained that this is a letter of understanding
from the current auditor, Nowlen Holt & Miner PA, to provide audit
Oservices for fiscal years 2005 to 2010. The Town Manager stated that
they have provided the town with excellent services and he recommends
that the town enter an agreement with them. He added that there is a
new rule beginning July 1, that if there is no contract for auditing, it
would be necessary to request proposals beginning in 2006, and thus cost
the town more money.
Commissioner Lynch moved and Commissioner Devitt seconded to approve
entering into an agreement with Nowlen Holt & Miner PA, and to authorize
the Mayor to execute the agreement. Roll Call: Comm. Devitt; AYE, Comm.
Lynch; AYE, Comm. Hopkins; AYE and vice -Mayor Orthwein; AYE.
C. Approval of distribution of Justice Assistance Grant Funds
Chief Ward explained that that is an annual distribution of funds for
programs to provide agencies with the flexibility to place the funds
where they are needed the most.
Commissioner Devitt moved and Commissioner Hopkins seconded to approve
the distribution of Justice Assistance Grant Funds as requested. Roll
Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Vice -
Mayor Orthwein; AYE.
D. Interlocal Agreement with Solid Waste Authority for Disaster
Debris Management
The Town Manager explained that there was no agreement in place for
payment to Solid Waste Authority for storm debris processing and
disposal. This is an agreement to ensure payment to Solid Waste
Authority for any out of pocket cost for processing and disposal of
debris. He estimated the cost for this to be 12.5 percent of the total
costs.
Commissioner Devitt moved and Commissioner Hopkins seconded to approve
the Interlocal Agreement with Solid Waste Authority for Disaster Debris
Management. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm.
Hopkins; AYE and Vice -Mayor Orthwein; AYE.
E. Items by Mayor and Commissioners.
CCommissioner Hopkins asked about the progress of the bird sanctuary.
Mr. Thrasher stated that the progress is slow. He is receiving free
fill material from Briny Breezes, but it comes in stages.
Commissioner Orthwein asked about the AlA road widening.
The Town Manager reported that there has been no contact except a
request from FDOT for the minutes of the workshop meeting. He added
that the town has not received any of the material that was requested
from FDOT.
Regular Meeting & Public Hearing
Town Commission
Page 7
June 10, 2005
F. Florida League Conference /Voting Delegate
The Town Manager reported that the Florida League of Cities annual
conference would be held in Orlando from August 18 -20. He requested
that the Commission designate a voting delegate at the meeting.
Commissioner Hopkins asked if the Town Manager believes this meeting is
Oimportant.
Mr. Thrasher stated that he believes that someone from the town should
be present at the conference.
Commissioner Devitt moved and Commissioner Hopkins seconded that the
Town Manager :, be authorized to attend the conference and that he be
designated the voting delegate at the Florida League of Cities
Conference meeting. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE,
Comm. Hopkins; AYE and Vice -Mayor Orthwein; AYE.
X. Public. There was no comment from the public.
XI. Adjournment. Vice -Mayor Orthwein adjourned the meeting at 11:25
A.M.
Yv&ne E. Eckert, CMC
Del3uty Town Clerk