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