HomeMy Public PortalAbout03/09/2007NOTICE 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, March 22, 2007 at 8:30 A.M., and the Town
Commission will hold a Public Hearing on Friday, April 13, 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 Shane Ames of Ames Design, agent
for Nicholas R. Coon & Paul Condon, owners of property
located at 4110 N. County Road, Gulf Stream, Florida, legally
described as the east 140 ft. of the north 100 ft, if the
south 905.45 ft. north of Township line of Gulfstream Co.,
for the following:
SPECIAL EXCEPTION #1 to permit reduced minimum setback
requirements due to the property being less than 13,000 sq.
ft. in size as provided in Section 70- 75(e)(1) of the Code of
Ordinances as follows:
Side setback for principal structure, 10' min. each side
Rear setback for principal structure, 15' min.
Rear setback for accessory structure, 10' min.
SPECIAL EXCEPTION #2 to permit unenclosed covered porch areas
that exceed the maximum permitted FAR by 115 square feet.
LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit the
demolition of the existing structure and the construction of
a Bermuda style, partial two story single family dwelling
with basement and swimming pool, consisting of 4,280 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. 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: March 7, 2007 TOWN OF GULF STREAM, FLORIDA
1
Rita L. Taylor, To lerk
0
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
THE TOWN OF GULF STREAM ON FRIDAY, MARCH
COMMISSION CHAMBERS OF THE TOWN HALL, 100
FLORIDA.
ArP.NnA
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
March 2, 2007
HELD BY THE TOWN COMMISSION OF
9, 2007 AT 9:00 A.M., IN THE
SEA ROAD, GULF STREAM,
IV. Minutes of the Regular Meeting of 2 -9 -07.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. April 13, 2007 @ 9 A.M.
2. May 11, 2007 @ 9 A.M.
3. June 8, 2007 @ 9 A.M.
4. July 27, 2007 @ 9 A.M.
5. August 10, 2007 @ 9 A.M.
6. September 14, 2007 @ 9 A.M.
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. 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:
a. SPECIAL EXCEPTION to allow a 30 foot setback from the
rear waterfront lot line for construction of a 480
square foot guest house.
b. 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.
VIII. Reports.
A. Town Manager
1. AlA Water Line Update
B. Architectural Review & Planning Board
1. Meeting Dates
a. March 22, 2007 @ 8:30 A.M.
b. April 26, 2007 @ 8:30 A.M.
c. May 24, 2007 @ 8:30 A.M.
d. June 28, 2007 @ 8:30 A.M.
e. July 26, 2007 @ 8:30 A.M.
2. ARPB Alternate Member Recommendation
C. Finance Director
1. Financial Report for February 2007
AGENDA CONTINUED
Page 2
D. Police Chief
1. Activity for February 2007
IX. Items for Commission Action.
A. Appropriation of Funds
B. Employee Compensation Consulting Ser. -Award of Bid
C. Items by Mayor and Commissioners
1. Proposed Property Tax Reform -Mayor Koch
X. Correspondence.
A. Resolution No. 10 -07 expressing opposition to House Bill 529
known as the "Consumer Choice Act of 2007 ", 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 & Senate
Leadership that he does not support H529. - Town of Palm Beach
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
AN
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 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 9:05
II. Pledge of Allegiance
C 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
John Randolph
Mark Marsh
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Police Chief
Town Clerk
Town Attorney
Agent for Chardack
IV. Minutes of the Regular Meeting of 2 -9 -07.
Town Clerk Taylor advised that page 4 of the minutes has been amended to
add "and if not, the Town would be forced to seek an injunction to
prevent this from happening ".
Commissioner Anderson moved and Commissioner Orthwein seconded that the
minutes be approved as amended and all voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Town Manager Thrasher requested to hear Item IX after Item VI. Town
Clerk Taylor requested to add Item X.B., Resolution No. 15 -07, from the
City of Delray Beach. There were no objections.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. April 13, 2007 @ 9 A.M.
O 2. May 11, 2007 @ 9 A.M.
3. June 8, 2007 @ 9 A.M.
4. July 27, 2007 @ 9 A.M.
S. August 10, 2007 @ 9 A.M.
6. September 14, 2007 @ 9 A.M.
Mayor Koch announced these dates. Commissioner
change the June 8th meeting to June lot and the
August 17th. There were no objections.
IX. Items for Commission Action.
A. Appropriation of Funds
Wheeler requested to
August 10th meeting to
Regular Meeting & Public Hearing
Town Commission
Town Manager Thrasher requested
contingency fund for fiscal year
for professional services such
authorizing Mayor Koch to ent
necessary.
March 9, 2007
Page 2
that $50,000 be appropriated from the
2006 -2007. These funds would be used
as legal and engineering services and
-r into such contracts that may be
OCommissioner Orthwein moved and Commissioner Wheeler seconded to approve
appropriation of $50,000 for professional services and authorize Mayor
Koch to enter into such contracts that may be necessary. Roll Call:
Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm.
Wheeler; AYE and Mayor Koch; AYE.
B. Employee Compensation Consulting Ser. -Award of Bid
The Town Manager asked for Commission direction as to the award of bid
for the employee compensation consulting service.
Mayor Koch stated that he does not believe the study would be beneficial
to the Town. He stated that he contacted other similar size
municipalities and they did not perform a study. The Mayor believed
that the Town is unique and has good employees and satisfactory
compensation. He believed that each department head should rate their
employees individually.
9:20 A.M. Commissioner Devitt left the meeting.
Commissioner Wheeler stated that he would prefer a study where employees
are paid fairly and the salaries and merit are incentive based.
Attorney Randolph advised that the Town could inquire with comparable
municipalities about their employee compensation study and /or appoint a
Commissioner to work with the town manager.
The Commission agreed the previous study was not helpful and the current
bids were not adequate. They decided to consider other municipalities'
studies.
Commissioner Wheeler volunteered to work with the Town Manager in
establishing a plan.
Commissioner Orthwein moved and Commissioner Anderson seconded to reject
all of the employee compensation consulting service bids. Roll Call:
Comm. Orthwein; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor
Koch; AYE.
C. Items by Mayor and Commissioners
1. Proposed Property Tax Reform -Mayor Koch
Mayor Koch recommended that the town support the League's position on
the proposed property tax reform.
Regular Meeting & Public Hearing March 9, 2007
Town Commission Page 3
Mr. Thrasher commented that he is concerned about the negative impact
the tax reform would have on the town, and the ability to increase the
millage rate after the first year of implementation. He stated that it
appears the town would lose approximately $327,000 annually in revenue
and he is concerned that this would affect the level of service,
reduction in salaries and a total elimination of capital expenditures.
�j The Town Manager stated that the tax reform would also give the state
absolute ability to formulate and distribute revenues to the
municipalities.
Mayor Koch suggested encouraging residents to contact their legislatures
and ask for their assistance in fighting the tax reform in a manner that
would be beneficial to the town.
Attorney Randolph commented that he does not believe the whole package
will pass because many municipalities and counties are in opposition and
this may bankrupt the state.
Town Clerk Taylor asked if there were any ex -parte communications to
declare. There were none.
The Town Clerk administered the Oath to Mr. Marsh.
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. 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 Sub-
division, Gulf Stream, Florida, for the following:
Mr. Marsh displayed a site plan and color rendering of the proposed
improvements. He requested a Special Exception to allow a 30 foot setback
from the rear waterfront lot line for the construction of a 480 sq. ft.
future guesthouse. He explained that the improvements include the
demolition of an existing atrium, removal of the flat roof area on the
north and creating a matching roof structure. Remodeling of the kitchen
area, changing the windows to single hung impact windows and adding a
pergola element to the front entry is also being proposed. He added that
all the elements of the guesthouse would match the main house.
Mayor Koch how the lot area was calculated.
Mr. Marsh stated that the effective lot area was measured from the
seawall.
Town Manager Thrasher made a correction to his staff report to reflect
the effective lot area to be 23,250 sq. ft not 24,000 sq. ft. This change
Regular Meeting & Public Hearing March 9, 2007
Town Commission Page 4
however, would not affect the application.
a. SPECIAL EXCEPTION to allow a 30 -foot setback from the
rear waterfront lot line for construction of a 480
square foot guesthouse.
Commissioner Wheeler moved and Commissioner Orthwein seconded to approve
the Special Exception to allow a 30 ft. rear setback. Roll Call: Comm.
i Orthwein; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch;
AYE.
b. 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.
Commissioner Orthwein moved and Commissioner Wheeler seconded to approve
a Level III Architectural /Site Plan based on a finding that the proposed
480 sq. ft. guesthouse and interior renovations to an existing Bermuda
style house meets the minimum intent of the Design Manual and applicable
review standards. Roll Call: Comm. Orthwein; AYE, Comm. Anderson; AYE,
Comm. Wheeler; AYE and Mayor Koch; AYE.
VIII. Reports.
A. Town Manager
Town Manager Thrasher thanked the Commission for the opportunity to work
in the town and commended staff and the police department for their
support in many areas and for making his work easier.
1. AlA Water Line Update
Town Manager Thrasher reported that the water main project timeline has
been extended to June 4th and FDOT is expected to begin their scope of
work on July 5th. This is due to delays caused by malfunctioning of the
directional bore equipment. There are alternatives available to the
contractor at his discretion. However, the contractor has not filed for
an extension of time with the town. Mr. Thrasher stated that the
problem should be resolved within a week or the contractor would be
officially asking for an extension of the timeline.
Commissioner Wheeler asked whether the contract provides for penalties.
CMr. Thrasher said there was none. He added that there were some change
orders that he administratively approved and were anticipated.
Commissioner Orthwein asked if roadwork /closure signs could be posted at
the north and south end of town.
Chief Ward explained that periodically, during the course of the project
the road has to be closed in both directions to allow for cuts across
the road, which cause heavy delays.
Regular Meeting & Public Hearing March 9, 2007
Town Commission Page 5
Town Clerk Taylor advised that road signs would have to be approved by
FODT.
B. Architectural Review & Planning Board
1. Meeting Dates
a. March 22, 2007 @ 8:30 A.M.
b. April 26, 2007 @ 8:30 A.M.
Qc. May 24, 2007 @ 8:30 A.M.
d. June 28, 2007 @ 8:30 A.M.
e. July 26, 2007 @ 8:30 A.M.
Mayor Koch announced these dates.
2. ARPB Alternate Member Recommendation
Commissioner Orthwein reported that the Commission received a letter of
interest from Scott Morgan to serve as an alternate member on the ARPB.
She reminded that he was a potential candidate for the position in the
past and recommended that Mr. Morgan be appointed to the ARPB.
Commissioner Orthwein moved and Commissioner Anderson seconded to
appoint Scott Morgan to serve as an alternate member on the ARPB. Roll
Call: Comm. Orthwein; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and
Mayor Koch; AYE.
Commissioner Wheeler asked the status of the Briny Breezes sale. He
commented that the sale will have a huge impact on the town and
requested that the Town Manager include a monthly update of the progress
in his report.
Mayor Koch reported that there is an active independent group that is
heading a coalition to ensure the barrier island interest is protected.
C. Finance Director
1. Financial Report for February 2007
The Town Manager asked that the financial report be accepted as
submitted, if there were no questions.
Mayor Koch asked for an update on the water system.
The Town Manager explained that there are still ongoing issues with the
residual chlorine levels. The town is trying to determine whether the
Ocurrent chlorinator in Place Au Soleil will be necessary once the new
water pipes are connected on the Delray Beach side. Water losses are
controlled, however, there will be more water loss as it relates to the
current project but everything is financially in line with the budget.
Mr. Thrasher reported that the chlorinator currently being used is
located on an easement and the owner has challenged the town as to their
right to locate it above ground. Attorney Randolph found the easement
allowed only underground utilities. In the event that the chlorinator
is deem necessary, the town may have to consider purchasing the easement
from the property owner.
Regular Meeting & Public Hearing
Town Commission
March 9, 2007
Page 6
Commissioner Anderson moved and Commissioner Orthwein seconded to
approve the financial report. Roll Call: Comm. Orthwein; AYE, Comm.
Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE.
D. Police Chief
1. Activity for February 2007
CChief Ward asked that the report be accepted as submitted if there were
no questions, and there were none.
IX. Items for CO=ission Action.
A. Appropriation of Funds
B. Employee Compensation Consulting Ser. -Award of Bid
C. Items by Mayor and Commissioners
1. Proposed Property Tax Reform -Mayor Koch
These items were heard earlier.
X. Correspondence.
A. Resolution No. 10 -07
A RESOULTION OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH
COUNTY, FLORIDA, EXPRESSING OPPOSITION TO HOUSE BILL 529 KNOWN
AS THE "CONSUMER CHOICE ACT OF 200711, 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 & SENATE
LEADERSHIP THAT HE DOES NOT SUPPORT H529 IN ADVANCE OF THE
OPENING OF THE 2007 REGULAR SESSION AND DIRECTION THAT THIS
RESOLUTION BE FORWARDED TO FLORIDA GOVENOR GRIST, THE PALM
BEACH COUNTY LEGISLATIVE DELEGATION, THE MAYOR OF EACH
MUNICIPILITY 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 No. 10 -07 by title. She reminded
that the town adopted this resolution at the previous meeting and no
action is necessary.
B. Resolution No. 15 -07
A RESOULTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, EXPRESSING OPPOSITION TO HOUSE BILL 529 KNOWN
AS THE "CONSUMER CHOICE ACT OF 200711, URGING FLORIDA
C 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 & SENATE
LEADERSHIP THAT HE DOES NOT SUPPORT H529 IN ADVANCE OF THE
OPENING OF THE 2007 REGULAR SESSION AND DIRECTION THAT THIS
RESOLUTION BE FORWARDED TO FLORIDA GOVENOR GRIST, THE PALM
BEACH COUNTY LEVGISLATIVE DELEGATION, THE MAYOR OF EACH
MUNICIPILITY IN PALM BEACH COUNTY, THE LEADERSHIP OF THE PALM
BEACH COUNTY LEAGUE OF CITIES, THE LEADERSHIP OF THE FLORIDA
Regular Meeting & Public Hearing
Town Commission
March 9, 2007
Page 7
LEAGUE OF CITIES, AND EACH MEMBER OF THE PALM BEACH COUNTY
BOARD OF COUNTY COMMISSIONERS; PROVIDING AN EFFECTIVE DATE.
This item was made a part of the official record.
The Town Manager advised that he had just learned there was a break in
the water line between the Gulf Stream Bath and Tennis Club and 1221 N.
COcean Blvd. The water has been shut of to make the necessary repairs at
which time it will be turned back on under a precautionary "boil water"
notice until further notice.
XI. Public. There were no comments from the public.
XII. Adjournment. Mayor Koch adjourned the meeting at 10:05 A.M.
Y onne E. Eckert, CMC
Dqputy Town Clerk
N