HomeMy Public PortalAbout02/13/2009February 5, 2009
MAYOR: William F. Koch, Jr.
VICE MAYOR: Joan K. Orthwein
COMMISSIONER: Muriel J. Anderson
Fred B. Devitt III
Chris D. Wheeler
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, FEBRUARY 13,2009 AT 9:00 A.M.
IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
AGENDA
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes of the Regular Meeting of 1 -9 -09.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. March 13, 2009 @ 9 A.M.
3. April 9, 2009 @ 9 A.M.
9. May 8, 2009 @ 9 A.M.
5. Junel2, 2009 @ 9 A.M.
6. July 10, 2009 @ 9 A.M.
7. August 19, 2009 @ 9 A.M.
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by Gary Eliopoulos, as Agent for
David & Patricia Knobel, the owners of property located At
1255 & 1267 N. Ocean Blvd., Gulf Stream, Florida, which is
legally described as Lot 8, Block D, Revised Plat of Block
D and Block E, Palm Beach Shore Acres Subdivision.
a. LAND CLEARING PERMIT to clear the property for
construction.
b. NORTH OCEAN BLVD. OVERLAY PERMIT to allow construction
of a wall and landscape improvements within the AIA
Corridor.
C. SPECIAL EXCEPTION to permit 258 sq. ft. of unenclosed
porch over the maximum FAR permitted.
d. LEVEL 3 SITE PLAN REVIEW to permit construction of an
11,571 sq. ft., 2 -story with basement, Gulf Stream
Bermuda single family home with guest cottage and
pool.
VIII. Reports.
A. Town Manager
1. Stimulus Package RE: Wastewater System - Shovel Ready
B. Architectural Review & Planning Board
1. Meeting Dates
a. March 26, 2009 @ 8:30 A.M.
b. April 23, 2009 @ 8:30 A.M.
C. May 28, 2009 @ 8:30 A.M.
d. June 25, 2009 @ 8:30 A.M.
e. July 23, 20090 @ 8:30 A.M.
C. Finance Director
1. Financial Report for January 2009
2. Water Usage as of January 31, 2009
D. Police Chief
1. Activity for January 2009
AGENDA CONTINUED
IX. Correspondence.
A. Resolution No. 2009 -3925
1. A Resolution Of The City Council Of The City Of Miami
Springs Urging The Florida Legislature To Equalize The
Proportionate Amount Of Funding Provided To Each Region Of
Florida; Supporting The Efforts Of The Municipalities And
Counties Within The South Florida Tri- county Area To
4 Secure Equalized Funding; Directing The City Clerk To
Provide Copies Of This Resolution To The Officials
Identified Herein; Effective Date.
X. Items for Commission Action.
A. Tabled Items
1. ORDINANCE No. 009/1; AN ORDINANCE OF THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH
COUNTY, FLORIDA, AMENDING CHAPTER 6 OF THE TOWN CODE
OF ORDINANCES RELATING TO ANIMALS TO INCLUDE A NEW
SECTION 6 -9 TITLED LEADING OF DOGS FROM CONVEYANCES
UNLAWFUL; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE. (1st
reading)
B. Additional Funding for Municipal Underground Utilities
Consortium.
C. Items by Mayor & 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
0
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, FEBRUARY 13,2009 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. Mayor
Participating: Joan K. Orthwein Vice Mayor
Muriel J. Anderson Commissioner
Chris D. Wheeler Commissioner
Absent
with Notice: Fred B. Devitt III Commissioner
Also Present
and Participating
William Thrasher
John Randolph
Garrett Ward
Rita Taylor
Gary Eliopoulos
Michael Sapusek
Town Manager
Town Attorney
Police Chief
Town Clerk
Agent for Knobel
Landscape Architect
IV. Minutes of the Regular Meeting of December 12, 2008.
Commissioner Anderson moved and Commissioner Orthwein seconded that the
minutes be approved as circulated and all voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Mayor Koch requested to remove from the agenda, Item X.A.1., Ordinance
No. 009/1, until all the Commissioners are present. There were no
objections.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. February 13, 2009 @ 9 A.M.
2. March 13, 2009 @ 9 A.M.
3. To be determined
4. May 8, 2009 @ 9 A.M.
5. Junel2, 2009 @ 9 A.M.
6. July 10, 2009 @ 9 A.M.
Mayor Koch announced these dates. Commissioner Wheeler advised that he
will not be present for the June 12th meeting.
There were no exparte communications declared.
Town Clerk Taylor administered the oath to Mr. Eliopoulos and Mr.
Sapusek.
VII. PUBLIC HEARING.
Regular Meeting & Public Hearing February 13, 2009
Town Commission page 2
A. Applications for Development Approval
1. An application submitted by Gary Eliopoulos, as Agent for
David & Patricia Knobel, the owners of property located At
1255 & 1267 N. Ocean Blvd., Gulf Stream, Florida, which is
legally described as Lot 8, Block D, Revised Plat of Block
D and Block E, Palm Beach Shore Acres Subdivision.
C✓' Mr. Eliopoulos displayed a site plan and color renderings of the
� ✓ proposed project. He explained that the improvements include the
construction of a two -story Gulf Stream Bermuda style dwelling with a
basement /garage, guest cottage, pool and a motor court in the front
center. Mr. Eliopoulos explained that there is an existing shared
access at the south west corner of the site onto AlA and it will remain
the same. A privacy wall will be installed around the property and
decorated with cultured /river stone. The Special Exception is being
requested to allow 258 sq. ft. of unenclosed porch over the maximum
permitted floor area ratio (FAR).
Mayor Koch asked if the privacy wall will be placed in the easement. He
mentioned that there could be problems with runoff collecting in the
basement and asked if this had been considered.
Mr. Eliopoulos confirmed that the privacy wall will be on their
property. He explained that grates will be installed by the
basement /garage and the runoff water will be pumped up into a cistern.
Mr. Wheeler asked where the generator is located and if the sea grape
tree in the easement will have to be moved to accommodate the wall.
Mr. Eliopulos stated that the generator was located behind the wall off
AlA and that it meets the required setbacks.
Mr. Sapusek advised that the seagrape tree will be moved or shifted to
accommodate the wall. He added that the other seagrape and palm trees
would be relocated around the property. Mr. Sepusick mentioned that
there are several other invasive plants that are required by the state
to be removed.
Commissioner Wheeler commented that he would prefer the seagrape tree be
removed. He was concerned that the easement would not be accessible if
the seagrape tree remained.
Attorney Randolph explained that Florida Department of Environment (DEP)
State law requires protection of seagrape trees and the removal of
invasive plants during new landscaping along state road AlA.
The Town Manager advised that the Town is not giving any permission for
the easement maintenance, as that will be between the home owner and the
neighbor to the north upon whose property the easement is located. He
asked if the applicant is in agreement with all the conditions.
Mr. Eliopoulos stated that they would adhere to all the conditions and
work out any problems with regard to the easement.
Regular Meeting & Public Hearing February 13, 2009
Town Commission page 3
a. LAND CLEARING PERMIT to clear the property for
construction.
Commissioner Wheeler moved and Commissioner Orthwein seconded to approve
the Land Clearing Permit. Roll Call: Comm. Orthwein; AYE, Comm.
Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE.
b. NORTH OCEAN BLVD. OVERLAY PERMIT to allow construction
of a wall and landscape improvements within the AlA
Corridor.
Commissioner Wheeler moved and Commissioner Orthwein seconded to approve
the North Ocean Boulevard Overlay District Permit as presented and
recommended. Roll Call: Comm. Orthwein; AYE, Comm. Anderson; AYE,
Comm. Wheeler; AYE and Mayor Koch; AYE.
c. SPECIAL EXCEPTION to permit 258 sq. ft. of unenclosed
porch over the maximum FAR permitted.
Commissioner Wheeler moved and Commissioner Orthwein seconded to approve
the Special Exception to permit 258 sq. ft. of unenclosed porch over the
maximum FAR permitted 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. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE.
d. LEVEL 3 SITE PLAN REVIEW to permit construction of an
11,571 sq. ft., 2 -story with basement, Gulf Stream
Bermuda single family home with guest cottage and
pool.
Commissioner Wheeler moved and Commissioner Orthwein seconded to approve
the Level III Architectural /Site Plan based on a finding that the
construction of an 11,571 two -story with basement, Gulf Stream Bermuda
single family home with guest cottage and pool meets the minimum intent
of the Design Manual and applicable review standards with the following
conditions: 1) 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 shall remain
unenclosed as per approval of the special exception and shall remain so
for as long as the structure is in existence or exceeds the maximum
permissible FAR. 2) Up to twelve (12) Australian pine trees will be
planted by the Town of Gulf Stream located between the roadway and the
property line. 3) Front wall, including the top of the columns shall
not exceed 8 ft. in height. 4) The height of the side perimeter walls
shall be reduced to a maximum height of 4 ft., for a distance of 15 ft.
minimum as measured westerly from the 1978 CCCL. 5) A recorded unity
of title shall be submitted prior to issuance of a building permit.
Roll Call: Comm. Orthwein; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE
and Mayor Koch; AYE.
VIII. Reports.
Regular Meeting & Public Hearing
Town Commission
February 13, 2009
page 9
A. Town Manager
1. Stimulus Package RE: Wastewater System - Shovel Ready
Mr. Thrasher reported that he has made an application with Congressman
Klein's office for the Stimulus Package regarding the waste water
system. He was presented with a time line from the engineers for the
waste water project and an estimate of 533,700 for the engineering
Ocosts. He added that the Florida League of Cities has hired a
consultant to determine what is available to the municipalities in
Florida and how they should make applications. The Town Manager
mentioned that some municipalities have applied for assistance for
burying power lines. However, the Town did not apply for anything
except sewer installation as yet.
The Commission directed that Staff send in an application to Congressman
Klein's office for aid to bury the power lines.
B. Architectural Review & Planning Board
1. Meeting Dates
a. March 26, 2009 @ 8:30 A.M.
b. April 23, 2009 @ 8:30 A.M.
c. May 28, 2009 @ 8:30 A.M.
d. June 25, 2009 @ 8:30 A.M.
e. July 23, 20090 @ 8:30 A.M.
These dates were announced.
C. Finance Director
1. Financial Report for January 2009
Mr. Thrasher asked that the Financial Report be accepted as submitted,
if there were no questions, and there were none.
Commissioner Orthwein moved and Commissioner Anderson seconded to
approve the Financial Report. Roll Call: Comm. Orthwein; AYE, Comm.
Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE.
2. Water Usage as of January 31, 2009
This item was made a part of the official record.
D. Police Chief
1. Activity for January 2009
Chief Ward asked that the activity report for January, 2009, be accepted
as submitted, in the absence of any questions.
Commissioner Anderson asked about the grand thefts.
Chief Ward explained that the thefts resulted from care givers that were
not properly screened. He added that one of the individuals was caught
in Tampa and will be held for questioning.
IX. Correspondence.
A. Resolution No. 2009 -3925
1. A Resolution Of The City Council Of The City Of Miami
Springs Urging The Florida Legislature To Equalize The
Proportionate Amount Of Funding Provided To Each Region Of
Florida; Supporting The Efforts Of The Municipalities And
Counties Within The South Florida Tri- county Area To
Secure Equalized Funding; Directing The City Clerk To
Regular Meeting & Public Hearing February 13, 2009
Town Commission page 5
Provide Copies Of This Resolution To The Officials
Identified Herein; Effective Date.
This Item was made a part of the official record.
X. Items for Commission Action.
^ A. Tabled Items
0 1. ORDINANCE No. 009/1; AN ORDINANCE OF THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH
COUNTY, FLORIDA, AMENDING CHAPTER 6 OF THE TOWN CODE
OF ORDINANCES RELATING TO ANIMALS TO INCLUDE A NEW
SECTION 6 -9 TITLED LEADING OF DOGS FROM CONVEYANCES
UNLAWFUL; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE. (1st
reading)
This Item was removed from the agenda.
B. Additional Funding for Municipal Underground Utilities
Consortium.
Town Manager reported that Municipal Underground Utilities Consortium
(MUUC) is requesting $1543 in additional funding. This to complete
efforts brought to the Public Service Commission (PSC) regarding
additional help from FP &L for undergrounding. Mr. Thrasher advised that
this aide may be helpful to the Town with regard to undergrounding the
power lines and he recommended the additional funding.
Commissioner Wheeler asked how the Town's portion was calculated.
Mr. Thrasher advised that when the Consortium was organized, a formula
using population figures, taxable values and a maximum contributing
figure was devised. He added that a cap of $12,000 was a part of the
formula. That was put in place in order to encourage the larger
municipalities who were not planning any undergrounding in the near
future. They were reluctant to subsidize the other Town's who were
currently planning such projects.
Commissioner Wheeler stated that he was not in favor of paying
additional funding to MUUC. The Town is subsidizing others because we
have a higher taxable value. He asked the Town Manager for a one page
executive summary of the formula to be discussed at next meeting.
Attorney Randolph suggested that the Town Manager provide the formula to
the Town Commission of how the contributions are calculated.
B. Items by Mayor & Commissioners
Mayor Koch reported that he will be sending a letter to Boynton Beach's
Mayor regarding the concerns of the residents with regards to rezoning
of the of the strip mall and requesting the Town be notified of any and
all meetings related to the properties located at 3629 and 3675 s.
Federal Highway in Boynton Beach.
The Town Manager mentioned that all residents within 400 ft. of the mall
would be notified of any permit or rezoning application.
Regular Meeting & Public Hearing February 13, 2009
Town Commission page 6
XI. Public. There were no items from the public.
XII. Adjournment. Mayor Koch adjourned the meeting at 9:40 A.M.
Y nne Eckert, CMC
D uty Town Clerk