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HomeMy Public PortalAbout02/09/2007February 2, 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, FEBRUARY 9,2007 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 1- 12 -07. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. March 9, 2007 @ 9 A.M. 2. April 13, 2007 @ 9 A.M. 3. May 11, 2007 @ 9 A.M. 4. June 8, 2007 @ 9 A.M. 5. July 13, 2007 @ 9 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. 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: a. 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. b. 2 SPECIAL EXCEPTIONS; 1) to permit a 30' rear setback on waterfront and 2) to permit 300 sq. ft. of roof projection above the maximum permitted floor area ratio. c. LAND CLEARING PERMIT to clear the building site. d. 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. VIII. Reports. A. Town Manager 1. AlA Water Main Replacement Update 2. Public Service Commission Hearing Update 3. Employee Compensation Study Update AGENDA CONTINUED Page 2 B. Architectural Review & Planning Board 1. Meeting Dates. a. February 22, 2007 @ 8:30 A.M. b. March 22, 2007 @ 8:30 A.M. C. April 26, 2007 @ 8:30 A.M. d. May 24, 2007 @ 8:30 A.M. e. June 28, 2007 @ 8:30 A.M. C. Finance Director 1. Financial Report for January 2007 2. Water Usage as of 1 -31 -07 D. Police Chief 1. Activity for January 2007 IX. Items for Commission Action. A. Appointment of Alternate Member on ARPB B. Items by Mayor and Commissioners. X. Correspondence. A. Resolution No. 51 -2006 of the City of Lake Worth, Florida, supporting the FDOT and it's affiliated regional and county transportation agencies to pursue development of local and regional passenger service in the Florida East Coast Transportation Corridor to meet the growing transit needs and complement freight industry growth in the southeast Florida area. 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 `) NOTICE OF WITHDRAWAL OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN THAT THE APPLICATION SUBMITTED BY RANDALL STOFFT ARCHITECTS, AS AGENT FOR JOHN AND BARBARA WYNNE, OWNERS OF THE PROPERTY LOCATED AT 1310 N. OCEAN BLVD., GULF STREAM, FLORIDA, HAS BEEN WITHDRAWN BY THE APPLICANT. This application was scheduled to be heard by the Architectural Review and Planning Board on February 22, 2007 and by the Town Commission on March 9, 2007 but has now been removed from both agendas. Dated: February 12, 2007 TOWN OF GULF STREAM, FLORIDA Rita L. Taylor, T Clerk MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, FEBRUARY 9, 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. The Pledge of Allegiance was led by the Mayor. III. Roll Call. Present and Participating William F. Koch, Jr Joan K. Orthwein Fred B. Devitt III Muriel J. Anderson Chris D. Wheeler Also Present and William Thrasher Participating: Garrett Ward Rita Taylor John Randolph Matthew O'Connor Mrs. O'Connor Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Police Chief Town Clerk Town Attorney Resident Resident IV. Minutes of the Regular Meeting of 1- 12 -07. 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. Town Manager Thrasher requested to add Item IX.C., Resolution #007 -2, Expressing Opposition to House Bill 529. There were no objections. VI. Announcements. A. Regular Meetings and Public Hearings 1. March 9, 2007 @ 9 A.M. 2. April 13, 2007 @ 9 A.M. 3. May 11, 2007 @ 9 A.M. 4. June 8, 2007 @ 9 A.M. 5. July 13, 2007 @ 9 A.M. Mayor Koch announced these dates. Commissioner Devitt advised that he may not be available for the entire meeting on March 9th. The July 13th meeting was rescheduled for July 27, to accommodate everyone. 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. and Mrs. O'Connor. Regular Meeting & Public Hearing February 9, 2007 Town Commission Page 2 VII. PUBLIC HEARING. A. Applications for Development Approval 1. 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: Mr. O'Connor displayed a site plan and color renderings of the proposed improvements. He explained that the proposal is to demolish the existing home and construct a new single family Bermuda style home. He explained that the existing home does not meet the current code. The footprint of the proposed home is smaller than the current house and would meet all setback requirements. Mr. O'Connor requested that he be permitted to count the submerged land in the lot size when computing the floor area ratio. He explained that he made a minor modification to reduce the original variance request to exclude the 5 ft. wide strip of submerged land along the waterfront property line from the total amount of submerged land. Mr. O'Connor believed that this situation is unique in that his lot has significant amount of submerged land. He further explained that he could reduce square footage in the home by eliminating the hard covered patio areas but he did not want to replace the hard covered patio areas with trellis type patio as seen on some homes in town. Mr. O'Connor stated that he has confirmation from the Army Corp of Engineers which states that 23 percent of his property is submerged land. The Army Corp of Engineers would allow him to recapture his land, however, the Department of Environmental Protection would not allow him to fill this area due to the presence of Johnson Grass. Mr. O'Connor thanked the Town Commission for designating both the north and west property lines as the rear property lines. Mayor Koch advised that there are deed restrictions on the lots but the town does not enforce the restrictions. Commissioner Wheeler asked what size house could be built without a variance. He advised that he could not approve a variance unless all eight criteria have been met. Mr. O'Connor stated that according to the Code, the maximum square footage allowed without a variance is 7,343 sq. ft. Town Manager Thrasher advised that he cited 5 criteria on the variance request that have not been met. Town Manager Thrasher mentioned that he is only aware of one home located on Wright Way, that was allowed to fill in submerged land. That was a cooperative effort between the property owner and the Town of Gulf Stream, so as to allow the Town to acquire an easement to augment the drainage system. However, the sub- merged land was not allowed to be included in the lot size used to compute the maximum floor area ratio. Regular Meeting & Public Hearing February 9, 2007 Town Commission Page 3 Commissioner Orthwein advised that in the past, submerged lands were not included in the lot size when computing the floor area ratio. She did not believe all eight criteria have been met and she is concerned about massing. The Commissioners complimented the design of the house, however, they did not believe all the criteria for a variance have been met. Mayor Koch complimented the design and stated that because the applicant pays taxes on the submerged land, he should be allowed to fill in the submerged area, or at least to include it in the computation. a. 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. Commissioner Wheeler moved and Commissioner Anderson seconded to deny the Variance in that all eight criteria have not been met. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; NAY. b. 2 SPECIAL EXCEPTIONS; 1) to permit a 30' rear setback on waterfront and 2) to permit 300 sq. ft. of roof projection above the maximum permitted floor area ratio. No action was taken given that the Variance was denied. c. LAND CLEARING PERMIT to clear the building site. No action was taken given that the Variance was denied. d. 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. No action was taken given that the Variance was denied. VIII. Reports. A. Town Manager 1. AlA Water Main Replacement Update Town Manager Thrasher reported that the Mayor and himself had done due - diligence regarding the contractor that was selected by the Commission to install the AlA water main. He believed the contractor has experience working similar jobs and he also received a recommendation from the Town's engineer regarding the contractor's qualifications. The work is expected to start February 9th. The affected residents have been contacted and a blast information call will be sent to the residents. FPU is currently working on abandoning the old gas lines and connecting to the new gas main on AIA and they should be completed by February 9th. The Town Manager mentioned that new wooden poles were installed by FP &L along a portion of AlA. He stated that FP &L did not apply to FDOT for a special exception to place the poles 13 ft. from the edge of the white line instead of the existing 18 ft. Mr. Thrasher advised that the Regular Meeting & Public Hearing February 9, 2007 Town Commission Page 4 town's arborist will be meeting with FP &L on February 16th to determine how the Australian pine trees will be negatively affected by these poles. The Town Manager asked for direction from the Commission as to requesting that FP &L apply for an exception to reduce the clear zone from 18ft to 13 ft. The Town manager is concerned that FP &L will not apply for a special exception from FDOT, even though FDOT would approve it. Commissioner Wheeler moved and Commissioner Orthwein seconded to authorize the Mayor and Town Manager to voice strong objections to FP &L for placing the poles close to the Australian pine trees, and require that FP &L apply for a special exception from FDOT to reduce the clear zone from 18 ft. to 13 ft and if not, the town would be forced to seek an injunction to prevent this from happening Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. 2. Public Service Commission Hearing Update Mr. Thrasher reported that he has had weekly conferences with members of the Municipal Underground Utility Consortium (MUUC), regarding FP &L's municipal credit to municipalities for under grounding. The Public Service Commission (PSC) hearing, regarding FP &L's municipal credit for under grounding that was scheduled for February 13, 2007, has been rescheduled to March 13, 2007. The Town Manager recommended that any available Commissioner be present at the hearing in Tallahassee. 3. Employee Compensation Study Update The Town Manager reported that he has received three qualified bids for the employee compensation study. The lowest bid was $6,300 and the two others were $9,500. He asked for direction as to whether the Commission is ready to enter into a contract. Commissioner Wheeler stated that he wanted to speak with whoever is selected to outline the process of merit compensation before the contract is signed. The Commission directed that one of the bidders would be selected at the next meeting and would be interviewed by each Commissioner as to the outline of the merit compensation. B. Architectural Review & Planning Board 1. Meeting Dates. a. February 22, 2007 @ 8:30 A.M. b. March 22, 2007 @ 8:30 A.M. c. April 26, 2007 @ 8:30 A.M. d. May 24, 2007 @ 8:30 A.M. e. June 28, 2007 @ 8:30 A.M. Mayor Koch announced these dates. C. Finance Director Regular Meeting & Public Hearing Town Commission February 9, 2007 Page 5 1. Financial Report for January 2007 The Town Manager asked that the financial report be accepted as submitted, if there were no questions. Mayor Koch asked if Harvel Utility crew would be on site to supervise the water main project. Town Manager Thrasher explained that Mr. Harvel would personally be performing one inspection daily and the engineer would have one inspection daily. Harvel Utility would be involved when the directional boring is being performed. Commissioner Orthwein moved and Commissioner Anderson seconded to approve the financial report. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. 2. Water Usage as of 1 -31 -07 This item was made a part of the official record. D. Police Chief 1. Activity for January 2007 Chief Ward asked that the report be accepted as submitted, if there were no questions and there were none. Commissioner Devitt commented that the police department help make the second annual Gulf Stream School Fun Run a success, and that everything went smoothly. The Chief advised that Officer Ferguson is resigning effective February 16, 2007. He added that this would leave the department short two officers. The chief is concerned that it will be difficult to recruit new officers due to competitive benefit packages being offered by other police departments and the five years police experience requirement for Gulf Stream. Commissioner Devitt believes that money is not the only option when looking for a job, noting that the Gulf Stream police department is unique in that the officers applying for jobs are older, retired from other departments and are more financial secure. Commissioner Wheeler asked how it would affect the department if the five year rule is relaxed. Chief Ward stated that it would be detrimental to the department in terms of the quality and experience of the officers. Mayor Koch believed the employees receive a lot of perks from the Town and he believes compensation is adequate. Regular Meeting & Public Hearing February 9, 2007 Town Commission Page 6 Commissioner Anderson suggested that the employee compensation study could incorporate police officers compensation. IX. Items for Commission Action. A. Appointment of Alternate Member on ARPB The Commissioners discussed this item and agreed that they would prefer to appoint an alternate who is a year round resident. Staff was directed to get suggestions from the Architectural Review and Planning Board. B. Items by Mayor and Commissioners. Commissioner Orthwein distributed photographs of the property located at 2929 N. Ocean Blvd. She stated that the property is in grave disrepair and should be demolished. Town Manager Thrasher explained that the property owner has approval to demolish and construct a new building. However, a demolition permit cannot be obtained during certain months of the year. The Commission agreed that if the structures are considered hazardous and a nuisance, special permission should be given for demolition. Commissioner Wheeler moved and Commissioner Orthwein seconded to approve a demolition permit at 2929 N. Ocean Blvd. to be performed within 30 days and that the lot be soddedd and irrigated. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. Commissioner Devitt asked about the property located at 3145 N. Ocean Blvd. He asked if all the improvements and lawn accoutrements were approved. Town Manager Thrasher advised that the improvements and lawn accoutrements were approved by the ARPB and Town Commission. The applicant cooperated with the town by removing some of the excessive ornamentation. He added that the applicant has a temporary CO and the Town has final say over the landscape plans. He added that town staff visited the site and concluded that the changes were not material in Jnature. Town Clerk Taylor advised that the applicant stated that FDOT would not allow them to plant certain landscape material in the right -of -way. The Commission directed Staff to ensure the applicant is adhering to the final plan. C. Resolution #007 -02: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, EXPRESSING OPPOSITION TO Regular Meeting & Public Hearing February 9, 2007 Town Commission Page 7 HOUSE BILL 529 KNOWN AS THE "CONSUMER CHOICE ACT OF 2007" (H529), URGING FLORIDA LEGISLATIVE REPRESENTATIVES TO REFRAIN FROM ANY FORM OF SUPPORT OR CO- SPONSORSHIP OF H529 AND TO VOTE IN OPPOSITION TO H529, REQUESTING GOVERNOR CRIST TO ADVISE THE HOUSE AND SENATE LEADERSHIP THAT HE DOES NOT SUPPORT H529 IN ADVANCE OF THE OPENING OF THE 2007 REGULAR SESSION, AND C; DIRECTING THAT THIS RESOLUTION BE FORWARDED TO FLORIDA GOVERNOR CRIST, THE PALM BEACH COUNTY LEGISLATIVE DELEGATION, THE MAYOR OF EACH MUNICIPALITY IN PALM BEACH COUNTY, THE LEADERSHIP OF THE PALM BEACH COUNTY LEAGUE OF CITIES, THE LEADERSHIP OF THE FLORIDA LEAGUE OF CITIES, AND EACH MEMBER OF THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS; PROVIDING AN EFFECTIVE DATE. Town Clerk Taylor read Resolution #007 -02 by title. Commissioner Orthwein moved and Commissioner Devitt seconded to approve Resolution #007 -02. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. X. Correspondence. A. Resolution No. 51 -2006 of the City of Lake Worth, Florida, supporting the FDOT and it's affiliated regional and county transportation agencies to pursue development of local and regional passenger service in the Florida East Coast Transportation Corridor to meet the growing transit needs and complement freight industry growth in the southeast Florida area. This item was made a part of the official record. XI. Public. There were no comments from the public. XII. Adjournment. Mayor Koch adjourned the meeting at 10:45 A.M. nne E. Eckert, CMC uty Town Clerk