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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