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HomeMy Public PortalAbout05/11/2007NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY Planning Board of the Hearing on Thursday, 1 Commission will hold a 9:00 A.M., both in the Sea Road, Gulf Stream, considered: GIVEN that the Architectural Review and Town of Gulf Stream will hold a Public lay 24, 2007 at 8:30 A.M., and the Town Public Hearing on Friday, June 1, 2007 at Commission Chambers of the Town Hall, 100 Florida, at which the following will be An application submitted by Mark Marsh, agent for Martha L. Connelly /Walker, owner of property located at 3557 Polo Drive, Gulf Stream, Florida, legally described as Lot 5, Blk. 2, Plat No. 1, Polo Fields Subdivision, for the following: SPECIAL EXCEPTION to permit additions to an existing non- conforming single family home. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of three small additions consisting of a total of 215 sq. ft. to an existing non - conforming one -story single family Bermuda style dwelling. 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: May 10, 2007 TOWN Of GULF STREAM, FLORIDA Rita Taylor, Jown 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, May 24 2007 at 8:30 A.M., and the Town Commission will hold a Public Hearing on Friday, June 1, 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 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 Subdivision, for the following: SPECIAL EXCEPTION #1 to permit a 30' rear setback adjacent to the cove and the Intracoastal Waterway. SPECIAL EXCEPTION #2 to permit 198 sq. ft. of roof projection above the maximum permitted floor area ratio. LAND CLEARING PERMIT to clear the building site. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the demolition of the existing structures and the construction of a Bermuda style partial two -story single family dwelling and guest house consisting of 7,541 square feet and a swimming pool. 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: May 10, 2007 TOWN OF GULF STREAM, FLORIDA Z: Rita L. Taylor, To&& Clerk May 4, 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, MAY 11, 2007 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGRNDA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes of the Regular Meeting of 4- 13 -07. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. June 1, 2007 @ 9 A.M. 2. July 27, 2007 @ 9 A.M. 3. August 17, 2007 @ 9 A.M. 4. September 14, 2007 @ 9 A.M. 5. October 12, 2007 @ 9 A.M. 6. November 9, 2007 @ 9 A.M. VII. Reports. A. Mayor 1. Briny Breezes Redevelopment Update B. Town Manager 1. Water Main Replacement Update C. Architectural Review & Planning Board 1. Meeting Dates a. April 26, 2007 @ 8:30 A.M. b. May 24, 2007 @ 8:30 A.M. c. June 28, 2007 @ 8:30 A.M. d. July 26, 2007 @ 8:30 A.M. e. September 27, 2007 @ 8:30 A.M. D. Finance Director 1. Financial Report for April 2007 E. Police Chief 1. Activity for April 2007 VIII. Items for Commission Action. A. Items by Mayor and Commissioners. IX. Correspondence. A. Proposed Rate Increase 10- 1- 07- Harvel Utility Const. B. Resolutions 1. Delray Beach #25 -07; Supporting Senate Bill 606 concerning authorization for Local Option $2 rental car surcharge for funding South Florida Regional Transportation Authority. 2. Delray Beach #26 -07; Supporting FDOT and its affiliated Regional Transportation Agencies to recommend strategic investment in the Florida East Coast Corridor Areas to expand local and regional passenger service in that area. AGENDA CONTINUED PAGE 2 3. Lake Worth #24 -2007; Urging support of House Bill 1363 entitled "Organized Criminal Activity" which renames and amends the "Criminal Street Gang Prevention Act of 1996" as the "Organized Crime Group Prevention Act of 1007 ". O 4. Expressing opposition to House Bill 529 ( "Consumer Choice Act of 2007 ") prohibiting municipalities and counties from negotiating terms and conditions with cable and video service providers wishing to do business within their jurisdictions, negating their authority to award cable service franchises and restricting such operation without an agreement in place. a. #2007 -21, Village of Palm Springs b. #31- 04 -07, Town of Lake Park c. #2007 -44, Village of North Palm Beach d. #27 -2007, City of South Bay e. #R -9 -2007, Town of Manalapan X. Public. XI. 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 APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Hearing on Thursday, Commission will hold a 9:00 A.M., both in the Sea Road, Gulf Stream, considered: Town of Gulf Stream will hold a Public lay 24, 2007 at 8:30 A.M., and the Town Public Hearing on Friday, June 1, 2007 at Commission Chambers of the Town Hall, 100 Florida, at which the following will be An application submitted by Leonard Albanese of Leonard Albanese & Sons Builders, Inc., agent for James D. and Laura Terlizzi, owners of property located at 8 Driftwood Landing, Gulf Stream, Florida, legally described as Lot 12, Driftwood Landing Subdivision, for the following: LAND CLEARING PERMIT to allow the clearing of the construction area. LEVEL 3 ARCHITURAL /SITE PLAN REVIEW to permit the demolition of the existing structures and the construction of a new partial two -story single family Tuscan style dwelling with a guest house consisting of 9,064 square feet and a swimming pool. 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. N l: 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: May 10, 2007 TOWN OFF GULF STREAM, FLORIDA Rita L. Taylor, own Clerk MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MAY 11, 2007 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to order. Mayor Koch called the meeting to order at 9:00 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by the �d Mayor. III. Roll Call. Present and William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice Mayor Fred B. Devitt III Commissioner Muriel J. Anderson Commissioner Chris D. Wheeler Commissioner Also Present and William Thrasher Town Manager Participating: Garrett Ward Police Chief Rita Taylor Town Clerk John Randolph Town Attorney IV. Minutes of the Regular Meeting of 4- 13 -07. Commissioner Orthwein moved and Commissioner Anderson seconded that the minutes be approved 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. June 1, 2007 @ 9 A.M. 2. July 27, 2007 @ 9 A.M. 3. August 17, 2007 @ 9 A.M. 4. September 14, 2007 @ 9 A.M. 5. October 12, 2007 @ 9 A.M. 6. November 9, 2007 @ 9 A.M. Mayor Koch announced these dates. VII. Reports. A. Mayor O 1. Briny Breezes Redevelopment Update Mayor Koch called attention to the comments on the proposed Briny Breezes Comprehensive Plan Amendment that were prepared by the town's planning consultant. Attorney Randolph reminded that these comments are of a technical nature and if the Commission feels these are valid points, a motion to send them to Department of Community Affairs (DCA) and Treasure Coast Regional Planning Council would be in order. He added that the Commission may want to consider sending a separate letter expressing the Commission's general concerns with this project. Some of these should refer to the effect these types of densities would have on the quality Regular Meeting & Public Hearing May 11, 2007 Town Commission Page 2 of life in this area, it's infrastructure, hurricane evacuation, it's road system, etc. Commissioner Wheeler went on record that he is not in opposed to redevlopment, as we do not have the luxury of maintaining "old Florida" in this part of the state forever. The Commissioner stated that the O redevelopment of Briny Breezes is a good and a necessary thing, however, it should be developed in a manner so as to be in character and harmonious with the surrounding communities. The proposed plan is totally contrary to the character of the surrounding communities and is out of harmony with what currently exists in this area and what has been planned to exist in the future. The community of Briny Breezes as proposed would stand out like a sore thumb of congestion and density in an oasis of low- density development located on the ecologically sensitive barrier island. The proposal as drafted will have an adverse effect on traffic, infrastructure, environment and aesthetics but, most importantly, the quality of life for all of those live here and visit. He added that this amendment as presented is far too vague. The Mayor and Commission were all in agreement with everything Commissioner Wheeler stated. Commissioner Wheeler moved and Commissioner Orthwein seconded that Attorney Randolph be authorized to forward the comments regarding the proposed comprehensive plan amendment submitted by the Planning Consultant and a separate letter containing the comments from the Commission to DCA and Treasure Coast Regional Planning Council. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. B. Town Manager 1. Water Main Replacement Update Mr. Thrasher advised that the water main project experienced some challenges. He believes the contractor will be able to meet the substantially complete deadline of May 218T but he does not believe the project will be fully completed by the date stated in the contract. However, the contract does provide for penalties after the 120 -day completion date deadline. He anticipates the completion to be June 30, 2007. Mayor Koch asked if the costs due Harvel Utility were included in the Oinitial proposal and requested that in the next report, staff include all costs including Harvel Utility, overtime, police etc. Town Manager Thrasher stated that Harvel Utility was included in the proposal but they are over budget due to the added changes. He added that the engineer agreed that Harvel Utility could do half of the on- site inspections, which is an overall savings since Harvel's charges are less than those of the engineers. Commissioner Devitt asked if the town's project is delaying FDOT. Regular Meeting & Public Hearing May 11, 2007 Town Commission Page 3 The Town Manager stated that FDOT gave the town an extension of the timeline to complete the water main project and their milling and resurfacing in town will not start until July Stn and will continue for a period of 30 to 60 days. With regards to the 2007/2008 budget, Mr. Thrasher recommended Qincreasing the town's contribution to the employees' retirement fund an additional 1.4 percent, the employees' contribution by 1 percent and a cost of living increase of 2.5 percent. He advised that the town's liability insurance with Florida League of Cities (FLC) will be increasing a minimum of 15 percent and there are no options other than seeking quotes from other vendors. He does not recommend doing so even though there is an increase in cost. In the past FLC has not discontinued coverage to municipalities on the barrier island, as some other insurance companies have. He reminded that in the previous year's budget, there was $154,000 in the contingency fund as a result of the increased millage. Those funds would not be spent, but are a part of the budget and with his suggested expenditures, the net reduction in the budget would be $85,000. He advised that until Tallahassee defines the new tax structure, he could not work on the revenue side of the budget. Commissioner Wheeler requested that staff obtain more bids on the liability insurance. C. Architectural Review & Planning Board 1. Meeting Dates a. April 26, 2007 @ 8:30 A.M. b. May 24, 2007 @ 8:30 A.M. c. June 28, 2007 @ 8:30 A.M. d. July 26, 2007 @ 8:30 A.M. e. September 27, 2007 @ 8:30 A.M. These dates were announced. D. Finance Director 1. Financial Report for April 2007 The Town Manager asked that the financial report submitted, if there were no questions. be accepted as Mayor Koch asked if the town manager believes the budget is in line and if the $32,000 to Harvel Utility is connected to the water main project. He asked for an update on the chlorinator in Place Au Soleil. Mr. Thrasher explained that the expenditures are running at 50.7 percent, which he believes is in line with the budget. He explained that a little over 50 percent of Harvel Utility total expenditure is related to the A1A water main project and a portion is related to additional inspections and added value. The Town Manager explained that the chlorinator is located over an established underground easement on private property. The property owner has asked that it be removed. It is not an option to remove the chlorinator and a surveyor was hired to identify the area for a legal Q rd- Regular Meeting & Public Hearing Town Commission May 11, 2007 Page 4 description. The information was given to an appraiser who is going to establish a value for the property so the town may make an offer to purchase the property or claim eminent domain. Commissioner Wheeler asked if the property owner is aware of the town's intent of eminent domain. The town manager stated that there have been several discussions with the property owner and his attorney and no agreement has been arrived at. Commissioner Orthwein moved and Commissioner Devitt seconded to approve the financial report. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. E. Police Chief 1. Activity for April 2007 Chief Ward asked that the report be accepted as submitted if there were no questions, and there were none. VIII. Items for Commission Action. A. Items by Mayor and Commissioners. Commissioner Wheeler reminded that the boat several years ago and questioned what could Florida Statute 403 -813, which prohibits local more stringent regulation other than provided added that he preferred a floating boat dock to dock code was addressed be done with regards to government from imposing for by this Statute. He an electronic lift. Town Manager Thrasher advised that a resident already installed a floating boatlift is waiting on a response from the town if it is allowed. Attorney Randolph advised that municipal code cannot supersede Florida State Statute. The Commission directed staff and Mayor Koch to draft a letter to the resident stating that while the town code does not allow floating boatlifts he cannot be prevented from having one. Commissioner Devitt asked why Harvel Utility parks their front loader behind the maintenance building. The Town Manager explained that the loader is left there for the use of the town. He added that the loader is used after a hurricane for clearing the streets at no charge to the town. Mayor Koch reminded that a hurricane meeting should be scheduled to discuss hurricane procedures. N N Regular Meeting & Public Hearing Town Commission IX. Correspondence. A. Proposed Rate The Town Manager stated increase their rates by one year. This is due equipment maintenance. increase in five years. approved. May 11, 2007 Page 5 Increase 10- 1- 07- Harvel Utility Const. that Harvel Utility Construction requested to 12% with no additional increase guaranteed for to rising cost of insurance, labor, fuel and He added that they have not requested an The town manager recommended the increase be Commissioner Wheeler suggested that there be no additional increase for three years as a part of the contract. Commissioner Devitt asked what percentage of all of the Harvel Utility work is for Gulf Stream and what the town's approximate annual expenditure to them is. Mr. Thrasher stated majority of his work is in town but he also does work for The Village of Golf, Briny Breezes and Ocean Ridge. He added that the family has been in the business for decades, adding that the approximate expenditure to Harvel Utility is about $200,000 per year. Mayor Koch commented that Harvel Utility does good work but asked why there are not more bids for the utility contract. Mr. Thrasher stated that bids were out several times and Harvel Utility has been 10 to 12 percent higher. However, they have been with the town many years, have extensive knowledge of the town's utility system, and are able to locate problems quickly, which has been thought to be worth the extra. Commissioner Orthwein moved and Commissioner Anderson seconded to approve Harvel Utility rate increase of 12% with a cap of three years rather than the one year as offered. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. B. Resolutions 1. Delray Beach #25 -07; Supporting Senate Bill 606 concerning authorization for Local Option $2 rental car surcharge for funding South Florida Regional Transportation Authority. 2. Delray Beach #26 -07; Supporting FDOT and its affiliated Regional Transportation .Agencies to recommend strategic investment in the Florida East Coast Corridor Areas to expand local and regional passenger service in that area. 3. Lake Worth #24 -2007; Urging support of House Bill 1363 entitled "Organized Criminal Activity" which renames and amends the "Criminal Street Gang Prevention Act of 1996" as the "Organized Crime Group Prevention Act of 2007 ". Town Clerk Taylor read all the resolutions by title into the record. 4. Expressing opposition to House Bill 529 ( "Consumer Choice Act of 2007 ") prohibiting municipalities and counties from negotiating terms and conditions with cable and video Regular Meeting & Public Hearing Town Commission May 11, 2007 Page 6 service providers wishing to do business within their jurisdictions, negating their authority to award cable service franchises and restricting such operation without an agreement in place. a. #2007 -21, Village of Palm Springs b. #31- 04 -07, Town of Lake Park c. #2007 -44, Village of North Palm Beach d. #27 -2007, City of South Bay e. #R -9 -2007, Town of Manalapan The Town Clerk advised that the town already adopted a resolution opposing House Bill 529. Commissioner Devitt asked why the town receives resolutions from other municipalities and does Gulf Stream send their resolutions to others. Mr. Thrasher advised that Gulf Stream does send it's resolutions to other municipalities and this is done to let others know what the town's position is on the issue and to usually request support from the others for the particular issue. X. Public. Bob Ridgeway, Briny Breezes resident, commented that he is pleased to see that Gulf Stream is willing to work with Briny Breezes with the proposed redevelopment and he agreed with all of Commissioner Wheeler's comments. XIII. Adjournment. Mayor Koch adjourned the meeting at 10:00 A.M. Ympnne E. Eckert, CMC Delbuty Town Clerk