HomeMy Public PortalAbout01/12/2007January 5, 2007
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, JANUARY 12, 2007 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 December 8, 2006.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. February 9, 2007 @ 9 A.M.
2. March 9, 2007 @ 9 A.M.
3. April 13,2007 @ 9 A.M.
4. May 11, 2007 @ 9 A.M.
5. June 8, 2007 @ 9 A.M.
6. July 13, 2007 @ 9 A.M.
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by Mark Marsh of Digby Bridges,
Marsh & Associates, as Agent for Mr. & Mrs. Roy F.
Coppedge III, the owners of property located at 2929 N.
Ocean Blvd., Gulf Stream, Florida 33483, legally described
as the south 120 feet of Lot 1, Gulf Stream Ocean Tracts
Subdivision.
a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow
improvements and landscape changes in the North Ocean
Blvd. Corridor.
b. LAND CLEARING PERMIT to provide open area for site
drainage and septic system.
c. 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.
f1III. Reports.
A. Town Manager
1. Determination RE: Zoning in progress- floating boat lifts
B. Architectural Review & Planning Board
1. Meeting Dates
a. January 25, 2007 @ 8:30 A.M.
b. February 22, 2007 @ 8:30 A.M.
c. March 22, 2007 @ 8:30 A.M.
d. April 26, 2007 @ 8:30 A.M.
e. May 24, 2007 @ 8:30 A.M.
f. June 28, 2007 @ 8:30 A.M.
AGENDA CONTINUED
Page 2
C. Finance Director
1. Financial Reports
a. November 30, 2006
b. December 31, 2006
^ 2. Water Usage as of 11 -30 -06
D. Police Chief
1. Activity for December 2006
IX. Items for Commission Action.
A. Letter of resignation from ARPB- Cynthia Neeves
B. Award of Bid for Water Main along AlA
C. Resolution #007 -1: A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA URGING THE
FLORIDA PUBLIC SERVICE COMMISSION TO RECOGNIZE THE FINDINGS IN
THE STUDY OF COST - EFFECTIVENESS OF UNDERGROUNDING ELECTRIC
DISTRIBUTION FACILITIES IN FLORIDA, SUBMITTED BY THE MUNICIPAL
UNDERGROUND UTILITIES CONSORTIUM, THAT ESTABLISHES A 50.54%
CREDIT FROM FLORIDA POWER AND LIGHT TO BE PROPER.
D. Items by Mayor and Commissioners.
XI. Public.
XII. 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, JANUARY 12, 2007 AT
9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD,
GULF STREAM, FLORIDA.
I. Call to Order.
A.M.
Mayor Koch called the meeting to order at 9:00
II. Pledge of Allegiance.
Mayor.
III. Roll Call.
The Pledge of Allegiance was led by the
Present and William F. Koch, Jr
Participating: Joan K. Orthwein
Fred B. Devitt III
Muriel J. Anderson
Chris D. Wheeler
Also Present and William Thrasher
Participating: Garrett Ward
Rita Taylor
Sterling Halversen
Mark Marsh
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Police Chief
Town Clerk
Assnt.Town Attorney
Agent for Coppedge
IV. Minutes of the Regular Meeting of December 8, 2006.
Commissioner Wheeler moved and Commissioner Anderson seconded that the
minutes be approved as circulated and all voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
There were none requested.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. February 9, 2007 @ 9 A.M.
2. March 9, 2007 @ 9 A.M.
3. April 13, 2007 @ 9 A.M.
4. May 11, 2007 @ 9 A.M.
5. June 8, 2007 @ 9 A.M.
6. July 13, 2007 @ 9 A.M.
Mayor Koch announced these dates. Commissioner Devitt and Commissioner
Orthwein both advised they would not be available for the July 13, 2007
meeting. Other members of the Commission did not have their calendars
but a tentative date for the July meeting was established for July 30,
2007. This date would be confirmed at a later meeting.
VII. PUBLIC HEARING.
Town Clerk Taylor asked if there were any ex -parte communications
to declare. There were none.
The Town Clerk asked that all persons who intended to speak please stand
to take the Oath. Town Clerk Taylor administered the Oath to Mr. Marsh.
Regular Meeting & Public Hearing January 12, 2007
Town Commission Page 2
A. Applications for Development Approval
1. An application submitted by Mark Marsh of Digby Bridges,
Marsh & Associates, as Agent for Mr. & Mrs. Roy F.
Coppedge III, the owners of property located at 2929 N.
Ocean Blvd., Gulf Stream, Florida 33483, legally described
as the south 120 feet of Lot 1, Gulf Stream Ocean Tracts
Subdivision.
Mr. Mr. Marsh displayed color renderings and a site plan of the proposed
improvements. He explained that the proposal includes the demolition of
the existing structures, and the construction of a two -story Ang10-
Caribbean style dwelling consisting of 8,667 square feet. A detached
garage with living quarters above, a motor court turnaround and a
swimming pool on the west side is also proposed. Mr. Marsh advised that
the existing driveway entrance would remain the same. The Australian
pine trees would not be disturbed. However, some of the landscaping
would be removed for the installation of a drain field. There would not
be any visual impact to North Ocean Boulevard. Mr. Marsh explained that
this application requires Department of Environmental Protection
approval and a permit has already been secured. He added that the new
structures would be a pale color with white trim, quoins, classic French
doors, Chippendale style railings and outriggers. Additionally, the
structures would not encroach into the setback.
Town Manager Thrasher reported that the ARPB recommended approval as
requested.
a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow
improvements and landscape changes in the North Ocean
Blvd. Corridor.
Commissioner Orthwein moved and Commissioner Wheeler seconded to approve
a North Ocean Boulevard Overlay Permit. Roll Call: Comm. Orthwein; AYE,
Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor
Koch; AYE.
b. LAND CLEARING PERMIT to provide open area for site
drainage and septic system.
Commissioner Orthwein moved and Commissioner Wheeler seconded to approve
a Land Clearing Permit. Roll Call: Comm. Orthwein; AYE, Comm. Devitt;
AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE.
c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
demolition of existing structures and the construction
O of a new two - story, Anglo- Caribbean design dwelling
consisting of 8,667 square feet, and the installation
of a swimming pool.
Commissioner Orthwein moved and Commissioner Wheeler seconded to approve
a Level III Architectural /Site Plan based on a finding that the proposed
demolition of existing structures and construction of a two- story,
Anglo- Caribbean single family dwelling consisting of 8,667 square feet,
and installation of a swimming pool meet the minimum intent of the
Design Manual and applicable review standards. Roll Call: Comm.
Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler;
AYE and Mayor Koch; AYE.
Regular Meeting & Public Hearing January 12, 2007
Town Commission Page 3
VIII. Reports.
A. Town Manager
1. Determination RE: Zoning in progress - floating boat lifts
Mr. Thrasher introduced Attorney Sterling Halversen and explained that
she has been doing research regarding regulations for floating boat
lifts. He asked her to report on her progress.
Attorney Halversen advised that there are State Statutes that prohibit
municipalities from requiring zoning and building permits for these
floating boat lifts. However, she further advised that they are
reviewing the Florida Administrative Code to determine if there may be
some required permitting from the environmental aspect. Ms. Halversen
recommended that the Zoning in Progress not be removed until a final
determination has been made.
The Commissioners were in agreement with this recommendation.
B. Architectural Review & Planning Board
1. Meeting Dates
a. January 25, 2007 @ 8:30 A.M.
b. February 22, 2007 @ 8:30 A.M.
c. March 22, 2007 @ 8:30 A.M.
d. April 26, 2007 @ 8:30 A.M.
e. May 24, 2007 @ 8:30 A.M.
f. June 28, 2007 @ 8:30 A.M.
Mayor Koch announced these dates.
C. Finance Director
1. Financial Reports
a. November 30, 2006
b. December 31, 2006
The Town Manager asked that the financial reports be accepted as
submitted, if there were no questions.
Commissioner Orthwein moved and Commissioner Devitt seconded to approve
the financial reports. Roll Call: Comm. Orthwein; AYE, Comm. Devitt;
AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE.
2. Water Usage as of 11 -30 -06
Town Manager Thrasher reported that the water loss had been over 12%
but the last two periods showed losses of slightly over 5 %. In
addition, he advised there have been no recent breaks in the water line
that is proposed to be replaced along AlA. He felt the Commission
Oshould be aware of this since the award of the bid for this water line
replacement is on this agenda. Mr. Thrasher believed it prudent to
replace the line as planned in spite of the fact there have been no
recent breaks in the line.
Mayor Koch suggested that the matter of the bid be addressed at this
time. This is shown on the agenda as Item IX.B. The Commission members
were in agreement with this suggestion.
Town Manager Thrasher reported that three bids for this project were
received as follows: Asphalt Consultants, Inc., $1,398,818; Man -Con,
Inc., $1,832,811; Sealand Contractors, Corp., $1,843,795.90.
Regular Meeting & Public Hearing
Town Commission
January 12, 2007
Page 4
Commissioner Wheeler noted that the low bidder was approximately one -
third less than the others. He stated that in his experience he has
found differences of that magnitude are usually a warning that there
could be problems with the low bid.
Mr. Thrasher advised that the engineer was familiar with the low bidder
and has been involved with the last three jobs Asphalt Consultants, Inc.
has completed to every ones satisfaction.
C�
The Commission directed the Town Manager to obtain the names of persons
involved with the last three jobs and to make contact to determine if
Asphalt Consultants work was properly completed in a timely manner.
Commissioner Devitt questioned if that price included the conduit
installation for future undergrounding of the electric. Mr. Thrasher
advised that it did not, as that cost was submitted as an alternate bid
of $109,020.
Commissioner Orthwein moved to award the bid and the alternate bid to
Asphalt Consultants, Inc. with the condition that the Town Manager
receives favorable comment from officials involved with the last three
jobs performed by Asphalt Consultants and that Mayor Koch is in
agreement with these findings. Commissioner Wheeler seconded the
motion. Roll Call: Commissioner Orthwein; AYE, Commissioner Devitt;
AYE, Commissioner Anderson; AYE, Commissioner Wheeler; AYE and Mayor
Koch; AYE.
Commissioner Orthwein questioned if it would be possible to negotiate
the alternate bid and the Town Manager was directed to do so.
Mr. Thrasher then addressed the matter of financing this project. He
advised there are two alternatives. The first would be to finance by
using funds from the General Fund un- appropriated funds, which may be
used to finance capital projects such as this. Another would be to
borrow from the SBA at a rate of approximately 4 %. Commissioner Wheeler
moved and Commissioner Anderson seconded to finance the project from the
un- appropriated surplus. Roll all: Commissioner Orthwein; AYE,
Commissioner Devitt; AYE, Commissioner Anderson; AYE, Commissioner
Wheeler; AYE, and Mayor Koch; AYE.
D. Police Chief
1. Activity for December 2006
OChief Ward asked that the report be accepted as submitted, if there were
no questions and there were none.
Chief Ward then presented Mayor Koch with a plaque in honor of his
serving 40 consecutive years as Mayor of Gulf Stream, along with his
many other achievements, from the Gulf Stream Police Department. He
explained that due to a production delay, they were unable to make the
presentation as planned at the meeting on December 8, 2006. A round of
applause followed and photographs were taken. Mayor Koch thanked the
Department.
Regular Meeting & Public Hearing January 12, 2007
Town Commission Page 5
IX. Items for Commission Action.
A. Letter of resignation from ARPB- Cynthia Neeves
The Town Clerk read the letter of resignation from the Architectural
Review and Planning Board that was received from Cynthia Neeves. She
acknowledged that she had enjoyed the six years she served as an
Alternate Member of the Board but felt that with her upcoming travel
schedule, she would miss too many meetings. Commissioner Anderson moved
that the resignation be accepted with deep regret. Commissioner Wheeler
seconded the motion and all voted AYE at Roll Call.
B. Award of Bid for Water Main along AlA
This item was discussed and action was taken earlier on the agenda under
Item VIII.C.2.
C. Resolution #007 -1: A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA SUPPORTING THE
CONVERSION OF OVERHEAD ELECTRIC DISTRIBUTION FACILITIES TO
UNDERGROUND FACILITIES AND ENCOURAGING THE FLORIDA PUBLIC
SERVICE COMMISSION TO IMPLEMENT ALL REASONABLE MEASURES TO
ENCOURAGE THE CONVERSION OF ELECTRIC DISTRIBUTION FACILITIES
TO UNDERGROUND FACILITIES.
Town Clerk Taylor read Resolution #007 -1 by title. Commissioner Orthwein
moved and Commissioner Anderson seconded that Resolution No. 007 -1 be
adopted. Roll Call: Commissioner Orthwein; AYE, Commissioner Devitt;
AYE, Commissioner Anderson; AYE, Commissioner Wheeler; AYE and Mayor
Koch; AYE.
D. Items by Mayor and Commissioners.
Commissioner Anderson asked the status of the proposed amendments to the
multi- family section of the Code of Ordinances.
The Town Manager advised that Urban Design has done some preliminary
work on this but it had been necessary to first move forward with the
Evaluation and Appraisal Report regarding the Comprehensive Plan. He
advised that he would contact Urban Design for another update on this
task.
Mayor Koch advised that Ushma Patel, the reporter for the Sun - Sentinel
that covered Gulf Stream, is no longer with the paper and has moved out
of the state. He expressed appreciation on behalf of the Town for her
accuracy and professionalism and added that she will be missed.
XI. Public. There were no comments from the public.
XII. Adjournment. Mayor Koch adjourned the meeting at 10:15 A.M.
ita L. 'Taylor
Town Clerk
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, February 22, 2007 at 8:30 A.M., and the Town
Commission will hold a Public Hearing on Friday, March 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
considered:
An application submitted by Mark Marsh, agent for Mr. & Mrs.
Mark H. Chardack, Mark H. Chardack and Michael Chardack,
owners of property located at 547 Golfview Drive, Gulf
Stream, Florida, legally described as Lot 26 and the west 50'
of Lot 25 In Gulf Stream Cove Subdivision, Gulf Stream,
Florida, for the following:
SPECIAL EXCEPTION to allow a 30 foot setback from the rear
waterfront lot line for construction of a 480 square foot
guest house.
LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit interior
renovations, replace existing windows & doors with impact
windows and doors and construct a 480 square foot guest house
of a design to match the existing Bermuda style home.
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: January 31, 2007
TOWN OF GULF STREAM, FLORIDA
Rita L. Taylor, own Clerk
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 February 22, 2007
at 8:30 A.M., and the Town Commission will hold a Public Hearing on March 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 considered:
i
An application submitted by Randall E. Stofft Architects, as agent for
John Wynne and Barbara S. Wynne, owners of the property located at 1310 N.
Ocean Blvd., Gulf Stream, Florida, which is legally described as Lot 3
McLouth Subdivision, for the following:
SPECIAL EXCEPTION to permit an addition to a Gulf Stream Bermuda
style home that has an existing non - conforming covered entry which
encroaches 10 feet into the required 40 foot front yard setback.
The proposed addition will not encroach on any setbacks.
LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the addition of a
ping pong room on the east end of the previously approved closet and
bathroom addition to the existing Gulf Stream Bermuda style home at
1310 N. Ocean Blvd., Gulf Stream, Florida, a net addition of 421
square feet.
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. The
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
�IRCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT
f0 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,FSS
Dated: January 31, 2007 TOWN OF GULF STREAM, FLORIDA
Z�
Rita L. Taylor, Town Clerk