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HomeMy Public PortalAbout06/01/2007May 25, 2007 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Muriel J. Anderson Fred B. Devitt III Chris D. Wheeler O REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JUNE 1, 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 5- 11 -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. 7. December 14, 2007 @ 9 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Mark Marsh, agent for Martha O 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. a. SPECIAL EXCEPTION to permit additions to an existing non - conforming single family home. b. 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. 2. An application submitted by Leonard Albanese of Leonard Albanese & Sons Builders, Inc., agent for James D. and Laura Terlizzi, owners of property located at S Driftwood Landing, Gulf Stream, Florida, legally described as Lot 12, Driftwood Landing Subdivision. a. LAND CLEARING PERMIT to allow the clearing of the construction area. b. 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. AGENDA CONTINUED Page 2 3. 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. a. SPECIAL EXCEPTION #1 to permit a 30' rear setback adjacent to the cove and the Intracoastal Waterway. b. SPECIAL EXCEPTION #2 to permit 198 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 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. VIII. Public Requests. A. Presentation of Boat Lift Study- Jeffrey P. Parker IX. Reports. A. Mayor 1. Briny Breezes Redevelopment Update B. Town Manager 1. Water Main Replacement Update 2. Proposed Increase in Water Rates 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 May 2007 2. Water Usage as of May 31, 2007 E. Police Chief 1. Activity for May 2007 OX. Items for Commission Action. A. Ordinance No. 07/01; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 26 OF THE TOWN CODE OF ORDINANCES AT SECTION 26 -3, RELATING TO DISCHARGE OF FIREARMS TO PROVIDING FOR THE PROHIBITION OF FIREWORKS, PROVIDING FOR PERMITS, PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (first reading) B. 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, JUNE 1, 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 Mayor. III. Roll Call. Present and William F. Koch, Jr. Participating: Joan K. Orthwein Fred B. Devitt III Muriel J. Anderson Chris D. Wheeler Also Present and Participating William Thrasher Edward Allen Rita Taylor John Randolph Mark Marsh Mike Meyer Gary Stofft Rick Yasco Russell McCampbell Matthew O'Connor Brian Collins Jeff Parker Kent Martindale Percy Orthwein Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Police Lieutenant Town Clerk Town Attorney Agent for Connelly Agent for Terlizzi Agent for Terlizzi Agent for Terlizzi Agent for Terlizzi Resident Architect for O'Connor Resident Resident Resident IV. Minutes of the Regular Meeting of 5- 11 -07. Commissioner Anderson moved and Commissioner Orthwein seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agen The Town Manager requested to hear Item IX.A.1., Bri Redevelopment Update after the announcements and add Item X. Assistance Grant Approval and Item X.D., Harvel Utility Rate Request. There were no objections. 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. 7. December 14, 2007 @ 9 A.M. Mayor Koch announced these dates. da items. ny Breezes C., Justice Adjustment Regular Meeting & Public Hearing June 1, 2007 Town Commission Page 2 Mayor Koch introduced Tom Evans, Chairman of the Florida Coalition for Preservation. IX.A.1. Briny Breezes Redevelopment Update Mr. Evans thanked the Commission, Town Manager and Clerk for their assistance. He explained that the coalition is not a political Oorganization, it helps to preserve the interest of the coastal communities. Mr. Evans stated that the organization is not opposed to redevelopment as long as it is done in a manner that is consistent with the area. He stated that there are a number of people involved in the opposition to the proposed redevelopment of Briny Breezes. The proposed redevelopment will cause stress on the infrastructure, sewer, water system, evacuation routes and police and fire protection. Mr. Evans urged the audience to make telephone calls and write letters to their state representatives to oppose the proposed redevelopment as presented. He advised that Gulf Stream, Ocean Ridge and the coalition will be submitting comments to the Department of Community Affairs (DCA) . Mr. Evans reported that well over $500,000 has been raised from individual contributors to hire several experts including attorneys and a public relations firm. He added that he would be contacting Federal Legislators to request expanding the Coastal Barrier Resources Act to control new construction that overly stresses areas on the barrier island. Mr. Parker, 1330 N. Ocean Blvd., asked Mr. Evans to review the dates for submittal of comments and questioned how one could become more involved in the coalition other than making a donation. Mr. Evans suggested communicating through letters and telephone calls to policy makers demonstrating concerns by June 28, 2007. He added that the coalition could always use volunteers. Attorney Randolph reported that Mayor Koch, Town Manager Thrasher and Mayor Kaleel from Ocean Ridge had several meetings with the affected parties relating to the proposed adoption of the Briny Breezes Comprehensive Plan. He stated that the Town Manager requested an extension of time so the town has more opportunity for input. However, that plea was ignored and the plan was transmitted to DCA. The town's comments and a letter pointing out the technical issues have been sent to DCA. The attorney stated that the town is not opposed to redevelopment as long as it is done in a manner that that is consistent with the surrounding area. Town Clerk Taylor asked that all persons who intended to speak during the Public Hearing to please stand to take the Oath. The Town Clerk administered the Oath to Mr. Marsh, Mr. Meyer, Mr. Stofft, Mr. McCampbell, Mr. Yasco, Mr. Collins and Mr. Parker. Regular Meeting & Public Hearing June 1, 2007 Town Commission Page 3 VII. PUBLIC HEARING. A. Applications for Development Approval 1. 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. QMr. Marsh displayed a site plan and explained that the proposed improve- ments include two small additions on the east and an addition to the garage on the west side. He requested a special exception to allow expansion to a nonconforming structure that extends into the established setback, adding that all the new materials would match existing. a. SPECIAL EXCEPTION to permit additions to an existing non - conforming single family home. Commissioner Orthwein moved and Commissioner Wheeler seconded to approve a Special Exception to allow additions to an existing nonconforming one - story single family Bermuda style dwelling. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. b. 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. Commissioner Orthwein moved and Commissioner Wheeler seconded to approve a Level III Architectural /Site Plan based on a finding that the proposed additions totaling 215 sq. ft. to an existing Bermuda style house 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. 2. 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. Mr. Meyer explained that there is an existing house on the property which is proposed to be demolished and that the new house is designed so that there would be no special exception requested. Mr. Stofft displayed photos of the existing house, site plan and color rendering of the proposed improvement. He explained that the proposed O home and guesthouse is a Mediterranean revival style with wood out- riggers, wood shutters on both sides of the windows, wood railings, barrel tile roof and stone accents. Commissioner Anderson asked if there is approval from the Driftwood Land- ing Home Owners Association and the Town Manager stated there is. Commissioner Devitt asked if the landscaping plan changed and if there are platted drainage easements for the property. Commissioner Orthwein asked if the neighbor has been contacted regarding burying the power line. Regular Meeting & Public Hearing June 1, 2007 Town Commission Page 4 Mr. Yasko, landscape architect, explained that the circular drive has been modified from the original plan to allow for more maneuvering. He explained that the Driftwood Landing HOA requested that the existing screening on the east and south side remain and be maintained. However, the existing landscaping on the south side is severely invasive, conflicts with the overhead power lines and the grade is inconsistent. He stated that the neighbor has not been contacted yet regarding burying their powerlines. Mr. Yasko explained that they propose to enhance the landscaping on the east side with coconut palms, replace the buffer on the south side with adequate screening of fishtail palms, infill the ground area and replace the existing wooden retaining wall with a 2 ft. maximum height concrete wall. He added that FP&L has restrictions on the types of plant material to be placed under their powerlines. Mr. Yasko stated the drain field is very close to the south property line and might have to be modified. Also there is a 12' drainage easement on opposite sides of the property line. He added that he suggested to the developer to advise the Driftwood Landing HOA to review the invasive plant material in the area as it has spread considerably. Mayor Koch expressed concerns regarding the drainage and the drainfield. Town Manager Thrasher confirmed that if a boatlift and /or dock is to be installed, the owner has stated in writing that they would adhere to the entire code irrespective of provisions that the State may require. a. LAND CLEARING PERMIT to allow the clearing of the construction area. Commissioner Wheeler moved and Commissioner Devitt seconded to approve the land clearing permit. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. b. 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. Commissioner Wheeler moved and Commissioner Orthwein seconded to approve the Level III Architectural /Site Plan based on a finding that the pro- posed 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 sq. ft. and a swimming pool meets the minimum intent of the Design Manual and applicable review standards with the following conditions: 1) Service line shall be buried. 2) Chimney height shall meet the town's height restriction. 3) Final landscape plan shall be approved by ARPB prior to issuance of certificate of occupancy. 4) If Palm Beach County requires the drain field to be modified, a site plan shall be submitted to the town within 10 days following the order. 5) Regardless of State regulation, the boat dock and lift shall comply with the existing town code. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. Regular Meeting & Public Hearing Town Commission June 1, 2007 Page 5 3. 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. Mr. O'Connor displayed a site plan and survey of the proposed improvements and reminded that this plan was previously presented to the Town Commission and modifications were based on the recommendations by Town Commission. The house has been reduced in size and one of the guesthouses has been eliminated. Mr. O'Connor stated that approval was previously given to count both water front sides as rear lot lines. He asked if the existing landscaping need to be removed. Mayor Koch advised that new landscaping is not allowed in the town's right -of -way. However, he does not have a problem with the existing landscaping remaining. Town Manager Thrasher advised that at the ARPB meeting, the applicant agreed to move the new landscaping out of the right -of -way and to remove the gates. The Commissioners complimented the design. a. SPECIAL EXCEPTION #1 to permit a 30' rear setback adjacent to the cove and the Intracoastal Waterway. Commissioner Wheeler moved and Commissioner Orthwein seconded to approve a Special Exception to permit 30 ft. rear setback on waterfront (2. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. b. SPECIAL EXCEPTION #2 to permit 198 sq. ft. of roof projection above the maximum permitted floor area ratio. Commissioner Wheeler moved and Commissioner Orthwein seconded to approve a Special Exception to permit unenclosed covered porch areas that exceed the maximum permitted FAR by 198 sq. ft. with the condition that prior to the issuance of a certificate of occupancy, the owner of the property shall prepare and record a deed restriction which shall provide that all roof projection areas required to remain unenclosed as per approval of the special exception shall remain so for as long as the structure is in existence or exceeds the maximum permissible FAR. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; ^ AYE and Mayor Koch; AYE. C. LAND CLEARING PERMIT to clear the building site. Commissioner Orthwein moved and Commissioner Wheeler seconded to approve the 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 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. Regular Meeting & Public Hearing June 1, 2007 Town Commission Page 6 Commissioner Wheeler moved and Commissioner Orthwein seconded to approve a Level III Architectural /Site Plan based on a finding that the proposed demolition of the existing structure and the construction of a Bermuda style, partial two story single - family dwelling and guesthouse consisting of 7,541 sq. ft. and swimming pool, meets the minimum intent of the Design Manual and applicable review standards with the condition that the gates be removed and the new landscaping be moved out of the town's right -of -way. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. VIII. Public Requests. A. Presentation of Boat Lift Study- Jeffrey P. Parker Mr. Parker thanked the Commission and the town clerk for providing him with information regarding the town boat /dock code. He also acknowledged Mr. O'Connor and Mr. Martindale who has similar interests in the boat dock study. Mr. Parker stated that he is an avid boater and was surprised to learn that the town only allows boatlifts that are attached to the seawall. He stated that these types of "elevator lifts" are ugly and have excessive hardware above the seawall, which blocks the view of both the resident and neighbors. He added that the lifting capacity of these types of lifts has been increased in recent years and now provides lifting capacity for boats weighing up to 20,000 pounds. Mr. Parker then called attention to a section of his study which detailed a boat lift called the "topless ". This lift does not require the amount of visible hardware that appears with the elevator lift. However, this lift is supported on pilings and is not built to be supported on the seawall. Mr. Parker also believed that the size of open water in the area should be considered. He offered the following suggested modifications: Boat lifts and davits, which exceed 10,000 pounds lifting capacity, shall be attached only to seawalls or platforms landward of the seawall. Boat lifts and davits which are not attached only to the seawall may be installed on up to four dolphin pilings and must be located adjacent to the seawall or dock. Dolphin pilings so used may be no higher than four feet above the dock, and such lift must be located entirely within the dolphin control line. Mr. Parker stated that the town claimed to have spent a lot of time revising the boat /dock ordinance. He believes the boat dock ordinance has not been reviewed since 1991. Mr. Parker stated that he does not recommend using Urban Design to perform the study, believing it should be done by someone in the marine industry. He offered to fund the study and advised that he Ois available to the town for help. He stated that there has been correspondence between him and the town and he was told that this item is on a list for future code review. He stated that if the town does not change the current code, residents will be forced into install floating boatlifts that the town does not like, but, which do not require a permit for installation under Florida Statute 403 -813. Commissioner Wheeler stated that a study was performed on boatlifts recently. He advised that there is a process for code review, which is every couple of years when there is a list of items. The Commissioner agreed that technology has changed to allow for better lifts. The main Regular Meeting & Public Hearing June 1, 2007 Town Commission Page 7 concern of the town is to limit the size and weight of boats. He asked when the next review cycle is expected. Mr. Orthwein, 543 Palm Way, speaking from the audience, asked why the issues have to be bundled. OMayor Koch stated that Mr. Parker's comments are noted and this item will be up for discussion in the next cycle. He added that it is more cost effective for the town to bundle items for code review. Town Manager Thrasher stated that Urban Design is doing a study on multi- family residences and that there is no specific policy for scheduling code reviews. Town Clerk Taylor stated that the multi - family study is of prime concern to the town and it has been under study for over a year. The result would require a comprehensive plan amendment, she said. Kent Martindale, 955 Indigo Point, speaking from the audience, stated that the town has no documentation of a boat /dock code review. Commissioner Devitt complimented Mr. Parker on his study and stated that he is not against reviewing the current boat /dock code. However, there have been discussions at length about the boat /dock code. He added that the purpose for attaching a lift to the seawall is to limit the size and weight of a boat. The Commission agreed to set a date for boat /dock review at the next regular meeting and thanked Mr. Parker for the study. IX. Reports. A. Mayor 1. Briny Breezes Redevelopment Update This item was heard earlier. B. Town Manager 1. Water Main Replacement Update The Town Manager complimented the water main contractor and Earl Harvel, stating that they have been very cooperative through some challenging situations. He advised that the contractor has requested an extension of the completion date for the water main replacement project. This is due to time loss during the Memorial Holiday weekend and the poor circulation of chlorine through the new water main. Mr. Thrasher reported that here were five failed bacteriological tests before a passing test was accomplished. Each testing cycle required 3 -5 days for the results and certification. The town manager recommended a time extension to the contractor with no penalties. Commissioner Wheeler stated that he does not believe the town should bear the full burden of the cost. He suggested the town split the cost with the contractor. Regular Meeting & Public Hearing June 1, 2007 Town Commission Page 8 Mayor Koch agreed that the town should not bear the entire cost and then asked how much Harvel Utility is over the contract price. The town manager explained that there were three bids of $1,843,000, $1,832,000 and the contractor that was selected was $1,398,000, a difference of $445,000. The contractor will be $20,000 under the Ocontract price. He added that to date, Harvel Utility is $15,000 over. This is due to additional inspections, overseeing several unknown locations of old pipes in order to avoid potential breaks and boil water notices, the existing drought condition and working around School traffic. Additionally, there was an engineering problem because the Gulf Stream Golf Club did not provide the town with final as -built drawings of the tunnels. Commissioner Wheeler suggested sending the club a bill for the extra cost due to their not providing as -built drawings and split the costs for things that are beyond the town's and the contractor's control. 10:55 A.M., Commissioner Wheeler left the meeting. Commissioner Devitt stated that if the town manager has a good working relationship with the contractor, he does not believe he should be penalized due to unforeseen events. Commissioner Orthwein agreed. The town manager advised that there are 56 days between this and the next meeting and he suggested that it may be necessary that a special meeting be called to discuss the budget. Commissioner Orthwein suggested a special meeting for the first week of July. 2. Proposed Increase in Water Rates Town Manager Thrasher reminded that the city of Delray increased their water rates by 18 percent the previous year. He recommended an immediate increase in the town's water rates by 9 percent. Commissioner Orthwein moved and Commissioner Anderson seconded to approve an increase in the water rates by 9 percent. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, and Mayor Koch; AYE. 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. Mayor Koch announced these dates. D. Finance Director 1. Financial Report for May 2007 The financial report was not available in time for the meeting. Regular Meeting & Public Hearing Town Commission June 1, 2007 Page 9 Town Clerk Taylor advised that because the two meetings are so far apart, there would be two financial reports to approve at the next meeting. She stated that she would circulate the financial report for May before the middle of June. 2. Water Usage as of May 31, 2007 This report was not available in time for the meeting. E. Police Chief 1. Activity for May 2007 The police report for May was not available in time for the meeting. X. Items for Commission Action. A. Ordinance No. 07/01; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 26 OF THE TOWN CODE OF ORDINANCES AT SECTION 26 -3, RELATING TO DISCHARGE OF FIREARMS TO PROVIDING FOR THE PROHIBITION OF FIREWORKS, PROVIDING FOR PERMITS, PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (first reading) Town Clerk Taylor read Ordinance No. 07/01 by title. Attorney Randolph explained that this ordinance is written so as to allow fireworks on properties with 20 acres or more, but only after a permit to do so has been approved by the town. Commissioner Orthwein moved and Commissioner Anderson seconded to approve Ordinance No. 07/01 on first reading. There were no comments from the public. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE and Mayor Koch; AYE. B. Items by Mayor and Commissioners. There were no items. C. Harvel Utility Rate Adjustment Request The Town Manager advised that Harvel Utility responded to the offer made by the town commission for his rate increase. He advised that he cannot guarantee his rates for three years as insurance and fuel costs continue their upward trend. He requested an annual increase based upon the CPI (All Urban Consumers) effective October lat each year. Commissioner Devitt does not believe that there should not be a CPI clause as the town does not have a contract with Harvel Utility. He Oadvised that Mr. Harvel could request a rate increase when he felt it necessary and a decision would be made then. Mayor Koch and the Commissioners agreed. D. Justice Assistance Grant Approval Town Clerk Taylor explained that this is an annual request from the Criminal Justice Commission to approve allocation of funds for different projects in Palm Beach County for fiscal year 2007. Commissioner Orthwein moved and Commissioner Anderson seconded tc approve allocation of funds. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE and Mayor Koch; AYE. Regular Meeting & Public Hearing June 1, 2007 Town Commission Page 10 XI. Public. There were no comments from the public. XII. Adjournment. Mayor Koch adjourned the meeting at 11:10 A.M. V nn e E. Eckert, CMC Deputy 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 June 28, 2007 at 8:30 A.M., and the Town Commission will hold a Public Hearing on July 27, 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: CDAn application submitted by Roy M. Simon, as agent for Paul A. Lyons, Jr., owner of the property located at 2845 Polo Drive, Gulf Stream, Florida, which is legally described as Lot 12, Replat of Part of Gulf Stream Properties as follows: SPECIAL EXCEPTION to permit an addition consisting of 296.3 square feet to the master bedroom of an existing non - conforming Bermuda style structure. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit a 296.3 sq. ft. addition to an existing one -story Bermuda style single family 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 QESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, .S.S. TOWN OF GULF STREAM, FLORIDA ex, Dated: June 14, 2007 Z, 7 -� Rita L. Taylor, T99, 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, June 28, 2007 at 8:30 A.M., and the Town Commission will hold a Public Hearing on Friday, July 27, 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 Rustem Kupi, agent for Mark Walsh, owner of property located at 1709 N. Ocean Blvd., Gulf Stream, Florida, legally described as the N. 100 ft. of S. 668 ft. of Govt. Lot 1 (1), Sec. 10 (10), Twnshp. 46 south, Range 43 East, for the following: LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit a 2 -story addition consisting of 3,164 sq. ft. to an existing 2 -story Spanish Colonial /Mizner style single family 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: June 11, 2007 TOWN OF GULF STREAM, FLORIDA ?4: Rita L. Taylor, own Clerk PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Commission of the Town of Gulf Stream, Florida, at a public hearing to be held on Friday, July 27, 2007, at 9:00 A.M., in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, will have on the agenda the adoption of the following: ORDINANCE NO. 007/01; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 26, OF THE TOWN CODE OF ORDINANCES AT SECTION 26 -3 RELATING TO DISCHARGE OF FIREARMS TO PROVIDING FOR THE PROHIBITION OF FIREWORKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. The proposed ordinance noticed here is available to the public on weekdays at the Town Hall, 100 Sea Road, Gulf Stream, Florida between the hours of 9:00 A.M. and 4:00 P.M. ALL PERSONS INTERESTED IN THESE MATTERS may appear before the Town Commission at the time and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC HEARING, 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. Publish: Palm Beach Post Date: July 16, 2007 TOWN OF GULF STREAM, FLORIDA Rita L. Taylor, T06h Clerk O do F l� M �Nwr �ro NN N O a rt .'I G F O a N c c a 0 rn s CL ^ I Vo�n�0r) ��m =wWCry)En C n O� w Sp aF > w n aa ,C R d:G O 0. 0. 0 o O. O o n o yaym �s� o ° 0 c 7Oy m•a`�E, y c m yn CD a�r.3 m@ 3 Q. y n o e 0 tz Y ac n 0 nao w yw C CY' ronopo no=" ao .e � "n o 0 cewm `= cO° =0 w R a e C.G y 0 rn O O o ° w S m n 3.m P."-.7O o< CO, O.www G M'- ', G - 0-omn,Oy,`��� w m ^,OC„ y aron h by td� c w n��an�°�a 0o vi 0 0 y? m N. G O- gg n'o cw m n w•c �� F0 0cm0 a� o y O S^ rot, 0 «�yS 6� O 'pm ,�°, n c m cp �'O w C a 0 R C 0 0 0 y w C. , n 7 d,G 3' ,m. w 0 l< S ].lam 0 m 0 3�ro 0 n y �R dJ ll W Sd� b z o 0 a m 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, July 26, 2007 at 8:30 A.M., and the Town Commission will hold a Public Hearing on Friday, August 17, 2007 C) 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 Randall J. Dubois, Architect, agent for Thomas A. and Carol A. Calicchio, owners of property located at 540 Palm Way, Gulf Stream, Florida, legally described as Lot 3 and the East 59 ft. of Lot 2, Gulf Stream Cove Subdivision, for the following: SPECIAL EXCEPTION to permit conforming additions to an existing structure with non - conforming setbacks. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit 608 sq. ft. of additions on the first floor and 1,954 sq. ft. on the second floor of an existing one -story Gulf Stream Bermuda style single family 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: July 12, 2007 TOWN OF GULF STREAM, FLORIDA e't' a" Rita L. Taylor, own Clerk