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HomeMy Public PortalAbout12/14/2007December 7, 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, DECEMBER 14, 2007 AT 9:00 A.M. ` J IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. hTeUanr I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes of the Regular Meeting of November 9, 2007. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. January 11, 2008 @ 9 A.M. 3. February 8, 2008 @ 9 A.M. 4. March 14, 2008 @ 9 A.M. 5. April 11, 2008 @ 9 A.M. 6. May 9, 2008 @ 9 A.M. B. Mayor's Proclamation 1. Proclaiming March 11, 2008 ELECTION DAY VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Quinn Miklos as Agent for Constance Swift, owner of the property located at 2562 Avenue Au Soleil, Gulf Stream, Florida, which is legally described as Lot 42 Place Au Soleil Subdivision. a. SPECIAL EXCEPTION to permit conforming one story additions to an existing non - conforming structure that encroaches into the east side setback 1 foot as provided in Section 70 -75 (c)(1). b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit one story additions consisting of a total of 2,376 square feet to an existing one story Gulf Stream Bermuda single family dwelling. VIII. Reports. A. Town Manager 1. Recommendation to transfer funds to SBA B. Architectural Review & Planning Board 1. Meeting Dates a. December 27, 2007 @ 8:30 A.M. b. January 24, 2008 @ 8 :30 A.M. c. February 28, 2008 @ 8:30 A.M. d. March 27, 2008 @ 8:30 A.M. e. April 24, 2008 @ 8:30 A.M. f. May 22, 2008 @ 8:30 A.M. C. Finance Director 1. Financial Report 2. Water Usage as of November 30, 2007 D. Police Chief 1. Activity for November 2007 AGENDA CONTINUED IX. Correspondence. A. No. 64- 09 -07; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA TO SUPPORT HOUSE BILL 1363 ENTITLED "ORGANIZED CRIMINAL ACTIVITY, "WHICH RENAMES AND AMENDS THE "CRIMINAL STREET GANG PREVENTION ACT OF 199G-AS THE "ORGANIZED CRIME GROUP PREVENTION ACT OF 2007;" URGING THE O SUPPORT OF 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 BOARD OF COUNTY COMMISSIONERS; PROVIDING 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. X. Items for Commission Action. A. Items by Mayor and Commissioners B. Police & Fire Communications Agreement -City of Delray 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 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 14, 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 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 William Thrasher Participating: John Randolph Rita Taylor Garrett Ward Quinn Miklos Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Town Attorney Town Clerk Police Chief Agent for Swift IV. Minutes of the Regular Meeting of November 9, 2007. Commissioner Anderson moved and Commissioner Orthwein seconded that the minutes be approved as circulated and all voted AYE. V Additions, withdrawals There were no chanaes deferrals VI. Announcements. A. Regular Meetings and Public Hearings 1. January 11, 2008 @ 9 A.M. 3. February 8, 2008 @ 9 A.M. 4. March 14, 2008 @ 9 A.M. 5. April 11, 2008 @ 9 A.M. 6. May 9, 2008 @ 9 A.M. Mayor Koch announced these dates. of agenda items. B. Mayor's Proclamation 1. Proclaiming March 11, 2008 ELECTION DAY Town Clerk Taylor read the Mayor's proclamation in its entirety, Oproclaiming March 11, 2008, Election Day in the Town of Gulf Stream. VII. PUBLIC HEARING. Town Clerk Taylor asked if there were any ex -parte communications to declare and there were none. She administered the Oath to Mr. Miklos. A. Applications for Development Approval 1. An application submitted by Quinn Miklos as Agent for Constance Swift, owner of the property located at 2562 Avenue Au Soleil, Gulf Stream, Florida, which is legally described as Lot 42 Place Au Soleil Subdivision. Regular Meeting & Public Hearing Town Commission December 14, 2007 page 2 Mr. Miklos displayed an aerial scape, photographs of surrounding homes and a rendering of the proposed improvements. He explained that the improvements include a one story addition to an existing one story Gulf Stream Bermuda style dwelling. Mr. Miklos stated that the roof line, quoins and windows would match the existing. The landscaping would Qextend around the perimeter of the addition. A special exception is being requested to permit additions to an existing non - conforming structure that encroaches 1 ft. into the east side setback. Commissioner Anderson asked if there would be a problem with the drainage. Mr. Miklos explained that the drain field has to be redone and a civil engineer would be submitting drawings for the drainage plan. However, he does not foresee any problems with the drainage. There were no comments from Staff. a. SPECIAL EXCEPTION to permit conforming one story additions to an existing non - conforming structure that encroaches into the east side setback 1 foot as provided in Section 70 -75 (c)(1). Commissioner Anderson moved and Commissioner Wheeler seconded to approve the Special Exception to permit conforming one story additions to an existing non - conforming structure that encroaches into the east side setback 1 ft. as provided in Section 70 -75 (c) (1). Roll Call: Commissioner Orthwein; AYE, Commissioner Devitt; AYE, Commissioner Anderson; AYE, Commissioner Wheeler; AYE and Mayor Koch; AYE. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit one story additions consisting of a total of 2,376 square feet to an existing one story Gulf Stream Bermuda single family dwelling. Commissioner Anderson moved and Commissioner Wheeler seconded to approve the Level III Architectural /Site Plan based on a finding that the proposed one story addition consisting of a total of 2,376 sq. ft. to an existing one story Gulf Stream Bermuda single family dwelling meets the minimum intent of the Design Manual and applicable review standards with the following conditions: 1)Prior to painting and prior to issuance of a Certificate of Completion, a Gulf Stream paint permit will be Orequired. 2) If the proposed site plan is altered because of the requirements of the Health Department, a revised site plan will require ARPB approval. Roll Call: Commissioner Orthwein; AYE, Commissioner Devitt; AYE, Commissioner Anderson; AYE, Commissioner Wheeler; AYE and Mayor Koch; AYE. VIII. Reports. A. Town Manager Mr. Thrasher thanked the Commissioners for the opportunity to work in the Town and wished them happy holidays on behalf of the staff. 0 E Regular Meeting & Public Hearing Town Commission December 14, 2007 page 3 1. Recommendation to transfer funds to SBA The Town Manager explained that currently there is $9600 left in the SBA account and just over $2,000,000 in the operating account at Mercantile Bank earning an interest rate of 4.75 percent. Mr. Thrasher stated that he believes the SBA is a safe investment and asked for direction as to whether the Commission wants the funds in the operating account transferred back to the SBA or remain at Mercantile Bank. Mayor Koch stated that he was not in favor of transferring the funds back to the SBA as the future of the SBA is unsure. The Commissioners were in agreement. B. Architectural Review & Planning Board 1. Meeting Dates a. December 27, 2007 @ 8:30 A.M. b. January 24, 2008 @ 8:30 A.M. c. February 28, 2008 @ 8:30 A.M. d. March 27, 2008 @ 8:30 A.M. e. April 24, 2008 @ 8:30 A.M. f. May 22, 2008 @ 8:30 A.M. Mayor Koch announced these dates. C. Finance Director 1. Financial Report Mr. Thrasher asked that the financial report be accepted as submitted, if there were no questions and there were none. Commissioner Anderson moved and Commissioner Orthwein seconded to approve the financial report. Roll Call: Commissioner Orthwein; AYE, Commissioner Devitt; AYE, Commissioner Anderson; AYE, Commissioner Wheeler; AYE and Mayor Koch; AYE. 2. Water Usage as of November 30, 2007 This item was made a part of the official record. Commissioner Devitt asked if the recent break in the water line was in the new system. Mr. Thrasher advised that the break is not the town's responsibility for D. Police Chief 1. Activity for November Chief Ward asked that the report be no questions and there were none. was in the old system; however, it the repairs, it is the landscaper. 2007 accepted as submitted, if there were IX. Correspondence. A. No. 64- 09 -07; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA TO SUPPORT 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;" URGING THE SUPPORT OF FLORIDA GOVERNOR CRIST, THE PALM BEACH COUNTY LEGISLATIVE DELEGATION, THE MAYOR OF EACH MUNICIPALITY IN Regular Meeting & Public Hearing December 14, 2007 Town Commission page 4 PALM BEACH COUNTY, THE LEADERSHIP OF THE PALM BEACH COUNTY LEAGUE OF CITIES, THE LEADERSHIP OF THE BOARD OF COUNTY COMMISSIONERS; PROVIDING 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. The Town Clerk explained that the resolution is requesting support of House Bill 1363 to change name of the Crime Prevention Act that was formed in 1996. She added that the town has already adopted a similar resolution. Chief Ward explained that by amending the name, it would allow for more grant money from the State and also make it possible to seek Federal charges against the criminals. X. Items for Commission Action. A. Items by Mayor and Commissioners Commissioner Orthwein mentioned that she has been getting a lot of comments regarding the dark window frames on the house at 3232 Polo Drive. The Town Clerk explained that the architect appeared before the ARPB at their last meeting with a revised rendition of what was previously approved. The rendition shows the addition of eyebrows and dark window frames. The ARPB found that the window frames and shutters are not in character with the neighborhood and suggested the window frames be painted white. Mr. Thrasher advised that he administratively approved the eyebrows and the architect agreed to paint the window frames white. He added that there were some concerns that the windows are too dark. However the architect assured him that the windows are the same that he has used on all the homes he has designed in Gulf Stream. Commissioner Devitt asked how the ARPB is coming along with the code Oreview and if there has been any interest from the public on any of the items. The Town Manager stated that a couple residents are interested in the dock review and they were told approximately when the review would be. He advised that a roofing contractor would be making a presentation at the next ARPB meeting and results should come before the Town Commission by February 2008. B. Police & Fire Communications Agreement -City of Delray Beach The Town Clerk explained that the Police & Fire Communications Agreement with the City of Delray Beach expired September 30, 2007, and Delray has renewed the agreement and it appears that the fees are the same. The Regular Meeting & Public Hearing Town Commission December 14, 2007 page 5 Town Attorney has reviewed the document and found a typo on page one and he approved the document for legal sufficiency. Commissioner Anderson moved and Commissioner Orthwein seconded to approve the Police & Fire Communications Agreement with the City of Q Delray Beach with the correction on page one. Roll Call: Commissioner Orthwein; AYE, Commissioner Devitt; AYE, Commissioner Anderson; AYE, Commissioner Wheeler; AYE and Mayor Koch; AYE. XI. Public. There were no comments from the public. XII. Adjournment. Mayor Koch adjourned the meeting at 9:20 A.M. nne Eckert, CMC D uty Town Clerk