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HomeMy Public PortalAbout12/08/2006December 1, 2006 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Muriel J. Anderson Fred B. Devitt III Chris D. Wheeler REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 8, 2006 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. III. Roll Call. IV. Minutes of the Regular Meeting of November 17, 2006. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 2. January 12, 2007 @ 9 A.M. 3. February 9, 2007 @ 9 A.M. 4. March 9, 2007 @ 9 A.M. 5. April 13,2007 @ 9 A.M. G. May 11, 2007 @ 9 A.M. 7. June 8, 2007 @ 9 A.M. VII. Reports. A. Town Manager 1. AlA Water Main Update O B. Architectural Review & Planning Board 1. Meeting Dates c. December 28, 2006 @ 8:30 A.M. d. January 25, 2007 @ 8:30 A.M. e. February 22, 2007 @ 8:30 A.M. e. March 22, 2007 @ 8:30 A.M. C. Finance Director 1. Financial Report for November 2006 2. Water usage as of 11 -30 -06 D. Police Chief 1. Activity for November 2006 VIII. Items for Commission Action. A. ORDINANCE NO. 06/09; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA AMENDING CHAPTER 44, CONCURRENCY MANAGEMENT SYSTEM OF THE TOWN CODE OF ORDINANCES BY CREATING A NEW ARTICLE V TITLED "PROPORTIONATE FAIRSHARE PROGRAM", PROVIDING A MECHANISM TO ALLOW FOR PROPORTIONATE SHARE CONTRIBUTIONS FROM DEVELOPERS TOWARD TRAFFIC CONCURRENCY REQUIREMENTS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 44 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (2 Id reading & adoption) AGENDA CONTINUED Page 2 B. RESOLUTION NO.006 -04; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, SUPPORTING AND ENDORSING THE PRINCIPLES OF HOME RULE AND ADOPTING THE POLICIES SET FORTH BELOW TO SUPPORT THE PREMISE THAT THE TOWN SHOULD HAVE THE AUTHORITY TO GOVERN WITHIN ITS JURISDICTION; FURTHER PROVIDING THAT SUCH AUTHORITY SHOULD NOT BE ERODED, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. Items by Mayor and Commissioners. IX. Public. X. 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 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 Thursday, December 28, 2006 at 8:30 A.M., and the Town Commission will hold a Public Hearing on Friday, January 12, 2007 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 of Digby Bridges, Marsh and Associates, agent for Mr. & Mrs. Roy F. Coppedge III, owners of property located at 2929 N. Ocean Blvd., Gulf Stream, Florida, legally described as The south 120 feet of Lot 1, Gulf Stream Ocean Tracts Subdivision, Gulf Stream, Florida, for the following: NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow improvements and landscape changes in the North Ocean Blvd. Corridor. LAND CLEARING PERMIT to provide open area for site drainage and septic system. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the demolition of existing structures and the construction of a new two - story, Anglo- Caribbean design dwelling consisting of 8,667 square feet, and the installation of a swimming pool. 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: December 13, 2006 TOWN jO1-F� GULF STREAM, FLORIDA Rita L. Taylor, Town Clerk MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 8, 2006 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 9:00 A.M. Vice Mayor Orthwein took the podium and announced that today the Commission is recognizing and honoring Mayor Koch for his commitment and leadership in serving as mayor of the Town of Gulf Stream for the past 40 years. She displayed a poster size photo of the Mayor as a young boy and asked Attorney Randolph if he would like to say a few words to the Mayor. Attorney Randolph congratulated the Mayor on his 40 years of service and thanked him for the opportunity to work for him. He added that he had had come to Gulf Stream as a very young attorney and has learned a great deal from his association with the Mayor. Town Manager Thrasher made a humorous presentation pointing out several characteristics reflected on the photograph of the Mayor as a young boy that are still evident today. Chris Garrison, former Town Manager, congratulated the Mayor and thanked him for the opportunity to work for the town, and for being hired as the first female Town Manager in Gulf Stream. Mr. Ganger, President of the Gulf Stream Civic Association, congratulated the Mayor and presented him with a photograph of the Town's entry signs. Scott Harrington, former Town Manager, (via telephone) apologized for not being present and congratulated the Mayor on his 40 years of service. Palm Beach County Commissioner Mary McCarty congratulated Mayor Koch and presented him with a framed certificate of accomplishment from the County Commission. Town Clerk Taylor read Resolution No. 006 -05, A Resolution of Dedication, resolving that the Town Hall Commission Chambers shall Ghereafter be known as the William F. Koch, Jr. Commission Chambers. Vice Mayor Orthwein asked that everyone step into the lobby where she unveiled a cast bronze plaque with bas - relief portrait of Mayor Koch that is mounted beside the door of the chambers. II. Pledge of Allegiance. The Pledge of Allegiance was led by the Mayor. Regular Meeting & Public Hearing December 8, 2006 Town Commission Page 2 III. Roll Call. Present and William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice Mayor Fred B. Devitt III Commissioner Muriel J. Anderson Commissioner Chris D. Wheeler Commissioner C' Also Present and William Thrasher Town Manager Participating: Garrett Ward Police Chief Rita Taylor Town Clerk John Randolph Town Attorney IV. Minutes of the Regular Meeting of November 17, 2006. Commissioner Anderson moved and Commissioner Devitt seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Town Manager Thrasher requested to add Item VIII.D., Resolution 006 -05 and Item VIII.E., Approval of Construction Trailer at 3377 N. Ocean Boulevard. There were no objections. VI. Announcements. A. Regular Meetings and Public Hearings 2. January 12, 2007 @ 9 A.M. 3. February 9, 2007 @ 9 A.M. 4. March 9, 2007 @ 9 A.M. 5. April 13, 2007 @ 9 A.M. 6. May 11, 2007 @ 9 A.M. 7. June 8, 2007 @ 9 A.M. Mayor Koch announced these dates. VII. Reports. A. Town Manager 1. AlA Water Main Update Mr. Thrasher reported that Request for Proposals was sent out for bids on the AlA water main project. Commissioner Wheeler asked if the water main project is the same as Delray recently completed on AlA. OMr. Thrasher confirmed the project is similar to Delray's. He added that the project is scheduled to begin in January and should be completed in March or April. Commissioner Devitt asked if the water main is under AlA. The Town Manager explained that they would be converting to a 12" water main which would be located on the east side, at the edge of the roadway. Regular Meeting & Public Hearing December 8, 2006 Town Commission Page 3 Mr. Thrasher reported that the tree removal project was challenging due to the overhead utility lines and major overgrowth, but all the work is completed and most of the residents appear to be pleased with the results. B. Architectural Review & Planning Board 1. Meeting Dates C a. December 28, 2006 @ 8:30 A.M. b. January 25, 2007 @ 8:30 A.M. c. February 22, 2007 @ 8:30 A.M. d. March 22, 2007 @ 8:30 A.M. Mayor Koch announced these dates. C. Finance Director 1. Financial Report for November 2006 Town Manager Thrasher advised that the financial report was not available in time for the meeting. 2. Water usage as of 11 -30 -06 Town Clerk Taylor advised that the water usage report was not available in time for the meeting. D. Police Chief 1. Activity for November 2006 Chief Ward asked that the report be accepted as submitted, if there were no questions, and there were none. VIII. Items for Commission Action. A. ORDINANCE NO. 06/09; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA AMENDING CHAPTER 44, CONCURRENCY MANAGEMENT SYSTEM OF THE TOWN CODE OF ORDINANCES BY CREATING A NEW ARTICLE V TITLED "PROPORTIONATE FAIRSHARE PROGRAM ", PROVIDING A MECHANISM TO ALLOW FOR PROPORTIONATE SHARE CONTRIBUTIONS FROM DEVELOPERS TOWARD TRAFFIC CONCURRENCY REQUIREMENTS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 44 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (2"1 reading & adoption) Town Clerk Taylor read Ordinance No. 06/09 by title. Commissioner Anderson moved and Commissioner Wheeler seconded to adopt Ordinance No. 06/08 on second reading. There were no comments from the Cpublic. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. B. RESOLUTION NO.006 -04; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, SUPPORTING AND ENDORSING THE PRINCIPLES OF HOME RULE AND ADOPTING THE POLICIES SET FORTH BELOW TO SUPPORT THE PREMISE THAT THE TOWN SHOULD HAVE THE AUTHORITY TO GOVERN WITHIN ITS JURISDICTION; FURTHER PROVIDING THAT SUCH AUTHORITY SHOULD NOT BE ERODED, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Town Clerk Taylor read Resolution No. 06 -04 by title. Regular Meeting & Public Hearing Town Commission December 8, 2006 Page 4 Commissioner Orthwein moved and Commissioner Wheeler seconded to adopt Resolution No. 06 -04. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. C. Items by Mayor and Commissioners. Mayor Koch thanked the Commissioners and Staff for the surprise dedication of the Commission Chambers to him. D. RESOLUTION NO. 006 -05 A RESOLUTION OF DEDICATION OF THE C!° WILLIAM F. KOCH, JR. COMMISSION CHAMBERS FROM THE TOWN COMMISSION OF THE TOWN OF GULF STREAM. Town Clerk Taylor read Resolution No. 06 -05 by title. Commissioner Orthwein moved and Commissioner Anderson seconded to adopt Resolution No. 06 -05. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. Mayor Koch declared a conflict with the next item in that his firm participated in the sale of the property to the applicant. He passed the gavel to Vice Mayor Orthwein. E. Approval of Construction Trailer at 3377 N. Ocean Blvd. Mr. Wietsma explained that the temporary construction trailer is already in place and would not be seen from the street. He added that he was not aware that a permit was required for the trailer. He apologized and stated that he would be willing to pay a fine if there is any. Commissioner Orthwein advised that there would be a fee. Commissioner Wheeler moved and Commissioner Anderson seconded to approve placement of the temporary trailer with the condition that the applicant be charged according to the Code. Roll Call: AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler and Vice Mayor Orthwein; AYE. IX. Public. There were no comments from the public. X. Adjournment. Mayor Koch adjourned the meeting at 9:55 A.M. Yv ine E. Eckert, CMC Deptity Town Clerk FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS MAILING ADDRESS F Drive Gulf Stream. Florida 33483 DATE ON WHICH VOIL OCCURRED WHICH I SERVE 15 A UNIT OF: Xxr'IIY . COUNTY ` OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: Town of Gulf Stream MY POSITION Is: X ELECTIVE .: APPOINTIVE WHO MUST FILE FORM 61111 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although i the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 142.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited froth knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. 1 IIIN %I .R mry IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1 William F. Koch, Jr. hereby disclose that on December' 8, 2006 19_ (a) A measure came or will come before my agency which (check one) _ inured to my special private gain; or 7 inured to the special gain of 1,7i11i pm F uacT , Jr Fealt37 by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: The real estate agency with which I am associated participated in the sale of the property located at 3377 North Ocean Blvd, Gulf Stream, Florida. The contractor, William Wietsma; was applying for a permit to install a construction trailer on the property. The decision rests with the Town Commission. Date Filed Z E � _ K ' 12-8-06 Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 012.317 (1985),'A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED B$'ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND,,OR A CIVIL PENALTY NOT TO EXCEED $5,000. :E FORM 1111 • 10.96 ppgl 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 Thursday, JANUARY 25, 2007 at 8:30 A.M., and the Town Commission will hold a Public Hearing on Friday, FEBRUARY 9, 2007 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 �J considered: An application submitted by Matthew and Jennifer O'Connor, agent and owners of property located at 549 Golfview Drive, Gulf Stream, Florida, legally described as Lot 27. Gulf Stream Cove, for the following: VARIANCE to allow 8,958 sq. ft. of submerged land to be included in the lot size used to compute the maximum floor area ratio permitted. 2 SPECIAL EXCEPTIONS; 1) to permit a 30' rear setback on waterfront and 2) permit 300 sq. ft. of roof projection above the maximum permitted floor area ratio. LAND CLEARING PERMIT to clear the building site. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a 8,958 square foot Bermuda style 2 -story dwelling, two detached guest houses and a swimming pool. 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. 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