HomeMy Public PortalAbout10/08/2010PUBLIC 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, October 8,
2010, 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:
OORDINANCE NO. 010 \2; AN ORDINANCE OF
THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN'S CODE OF ORDINANCES
AT SECTION 70 -187, TO PROVIDE FOR THE
REQUIRED SCREENING OF FENCES FROM PUBLIC
AND PRIVATE ROADWAYS AND TO PROHIBIT
SPECIFIC TYPES OF FENCING; AMENDING, AT
SECTION 71 -4, SITE DEVELOPMENT REGULATIONS
FOR THE GULF STREAM DESIGN MANUAL FOR RM
WEST AND RM EAST MULTIPLE- FAMILY RESIDENT-
IAL DISTRICTS, TO INCLUDE NEW LOT COVERAGE
AND BUILDING SEPARATION REQUIREMENTS;
AMENDING, AT SECTION 71 -7, MULTIPLE- FAMILY
RESIDENTIAL DESIGN GUIDELINES, TO INCLUDE
REQUIREMENTS FOR FENCES; 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. Pursuant to
the provisions of the Americans with Disabilities Act, any person
requiring special accommodations to participate in this meeting, because
of disability or impairment, should contact the Town Clerk, 561 - 276 -5116
at least five (5) days prior to the hearing in order for the Town to
reasonably accommodate the request.
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: September 25, 2010
TOWN OF GULF STREAM, FLORIDA
Rita L. Taylor, Town Clerk
THE PALM BEACH POST
Published Daily and Sunday
West Palm Beach, Palm Beach County, Florida
I PROOF OF PUBLICATION I
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Ellen Sanita, who on oath
says that she is Call Center Revenue Manager of The Palm Beach Post, a daily
and Sunday newspaper, published at West Palm Beach in Palm Beach County,
Florida; that the attached copy of advertising fora Notic in the matter
Ordinance 010/2 was published in said newspaper in the issues of September
25, 2010. Affiant further says that the said The Post is a newspaper published at
West Palm Beach, in said Palm Beach County, Florida, and that the said
newspaper has heretofore been continuously published in said Palm Beach
County, Florida, daily and Sunday and has been entered as second class mail
matter at the post office in West Palm Beach, in said Palm Beach County,
Florida, for a period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that she /he has neither
paid nor promised any person, firm or corporation any discount rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper. Also published in Martin and St. Lucie
Counties.
— 9)
Sworn to and subscribed before 27" day of September, A.D. 2010.
Who is personally known to me.
NOTARY PUBUCSTATE OF FIARIDA
f" " " "Yt Karen 141, McLltlton
Commission #DDI132672
... r Expires: NOV.15, 2012
BONDED TARO An wmc HONING e0. INC.
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
September 30, 2010
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, OCTOBER 8, 2010 AT 9:00 A.M.
IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes.
A. Regular Meeting
B. Public Hearing
C. Public Hearing
AGENDA
& Public Hearing on 9- 10 -10.
(Budget) on 9- 10 -10.
(Budget) on 9- 21 -10.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. November 12, 2010 @ 9 A.M.
2. December 10, 2010 @ 9 A.M.
3. January 14, 2011 @ 9 A.M.
4. February 11, 2011 @ 9 A.M.
5. March 11, 2011 @ 9 A.M.
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by William Wietsma, as Agent for
Keybank National Assoc., Personal Representative of M.
Ireland Estate, James A. Liggett, Vice President, owner of
Property located at 3565 N. Ocean Blvd., Gulf Stream,
Florida, legally described as Part of Lots 7 & 8, Gulf
Stream Ocean Tracts and Part of Lots 9 & 10, Block "B ",
Palm Beach Shore Acres for the following:
a. LAND CLEARING PERMIT to clear construction site.
b. NORTH OCEAN BLVD. OVERLAY PERMIT to allow 2nd story
addition to existing garage that is partially located
in the overlay district; install driveway gates and
pedestrian gates; add landscaping.
C. SPECIAL EXCEPTION to allow a 2nd story addition to
existing garage that encroaches approximately 4.6 ft.
into the north side setback.
d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit a 918
sq. ft. addition to existing Gulf Stream Bermuda style
one -story single family dwelling and a 700 sq. ft. 2nd
story addition over the existing garage; brick
driveway; 8 foot high south side easement wall; 3
gates; new swimming pool.
2. An application submitted by Robert Paglia, as Agent for
Glenn Cotton, owner of property located at 2534 Avenue Au
Soleil, Gulf Stream, Florida, legally described as Lot 49,
Place Au Soleil Subdivision for the following:
a. SPECIAL EXCEPTION to allow an addition of 277 sq. ft.
to the northeast corner of the existing first floor
that will extend a non - conforming wall that encroaches
one foot into the required 15 foot north side setback
and combined setbacks.
AGENDA CONTINUED
b. SPECIAL EXCEPTION to permit a second -story addition of
1,192 sq. ft. that will extend over a non - conforming
wall that encroaches one foot into the required 15 ft.
south side setback and combined setbacks.
c. SPECIAL EXCEPTION to permit the addition of covered,
unenclosed area that exceeds the maximum FAR allowed
by 142 sq. ft.
d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit a
first floor addition of 277 sq. ft., a second -story
addition of 1,192 sq. ft., 526 sq. ft. of covered,
unenclosed area to an existing Anglo Caribbean style
single family dwelling, new pool and driveway.
3. An application submitted by Mark Marsh as agent for Mr.
and Mrs. Steven Silverman, contract purchasers of the
property owned by Flavia Milano located at 1465 N. Ocean
Blvd., Gulf Stream, Florida, which is legally described in
metes and bounds in the revised plat of Blocks D &E of Palm
Beach Shore Acres to permit the following:
a. SPECIAL EXCEPTION to extend existing non - conforming
north wall of existing non - conforming 3 -story dwelling
that encroaches approximately 6 ft. into the north side
setback.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
extension of the non - conforming north wall of the non-
conforming 3 -story Mediterranean Revival dwelling to
accommodate an addition of 79 sq. ft. to the existing
Mediterranean Revival non - conforming structure, a total
of 79 sq. ft.
VIII. Reports.
A. Town Manager
1. Overhead Utility Undergrounding Project Update
2. Referendum to Amend P.B. County Charter to Establish a
County Code of Ethics, Independent Commission on Ethics,
and Independent Office of Inspector General, and May Also
Apply to Municipalities.
B. Architectural Review & Planning Board
1. Meeting Dates
a. October 28, 2010 @ 8:30 A.M.
b. November 18, 2010 @ 8:30 A.M.
c. December 16, 2010 @ 8:30 A.M.
d. January 27, 2011 @ 8:30 A.M.
C. Finance Director
1. Financial Report for September 2010
2. Water Usage as of September 30, 2010
D. Police Chief
1. Activity for September 2010
IX. Items for Commission Action.
A. ORDINANCE No. 010/2; AN ORDINANCE OF THE TOWN COMMISSION
OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN'S CODE OF ORDINANCES, AT SECTION 70 -187,
TO PROVIDE FOR THE REQUIRED SCREENING OF FENCES FROM
PUBLIC AND PRIVATE ROADWAYS AND TO PROHIBIT SPECIFIC TYPES
OF FENCING; AMENDING, AT SECTION 71 -4, SITE DEVELOPMENT
REGULATIONS FOR THE GULF STREAM DESIGN MANUAL FOR RM WEST
AND RM EAST MULTIPLE - FAMILY RESIDENTIAL DISTRICTS, TO
INCLUDE NEW LOT COVERAGE AND BUILDING SEPARATION
REQUIREMENTS; AMENDING, AT SECTION 71 -7, MULTIPLE- FAMILY
RESIDENTIAL DESIGN GUIDELINES, TO INCLUDE REQUIREMENTS FOR
FENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.(second reading & adoption)
B. Resolutions
1. No. 010 -3; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA CONTINUING THE
TOWN OF GULF STREAM "CAFETERIA PLAN "; AUTHORIZING THE TOWN
MANAGER TO EXECUTE PLAN DOCUMENTS; AND ESTABLISHING AN
EFFECTIVE DATE.
AGENDA CONTINUED
2. No. 010 -4; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, FLORIDA RECOGNIZING CITY GOVERNMENT WEEK,
OCTOBER 17 -23, 2010 AND ENCOURAGING ALL CITIZENS TO
SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES.
3. No. 010 -5 A RESOLUTION OF THE TOWN OF GULF STREAM
OPPOSING AMENDMENT 4 ON THE 2010 GENERAL ELECTION BALLOT,
�+ WHICH PROPOSES AN AMENDMENT TO THE FLORIDA CONSTITUTION
/ REQUIRING THAT EVERY AMENDMENT TO A CITY'S OR COUNTY'S
COMPREHENSIVE PLAN BE SUBJECT TO A VOTE OF THE RESPECTIVE
CITY'S OR COUNTY'S ELECTORATE.
C. Changes to personnel policy
D. Right -of -way modifications
E. Items by Mayor & Commissioners
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
f
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 8, 2010 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
Participating
Absent w /Notice
Also Present and
Participating
IV. Minutes.
William F. Koch, Jr.
Joan K. Orthwein
Chris D. Wheeler
Fred B. Devitt, III
Muriel Anderson
William H. Thrasher
Rita L. Taylor
Edward Allen
William Wietsma
William Wietsma Co
for Ireland Est. &
Robert Paglia
Kermit White
Mark Marsh
Jeffrey Lynn, Esq.
Weiner & Lynn
Ned MacDonald
Mayor
Vice -Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Clerk
Lieutenant
Agent /Keybank Nat'l
Assocs, Pers. Rep.
Liggett, Owner
Agent /Cotton, Owner
Architect /Cotton
Agent /Silverman
Counsel /Alexander
Neighbor of Applicant,
Cotton
A. Regular Meeting & Public Hearing on 9- 10 -10.
B. Public Hearing (Budget) on 9- 10 -10.
C. Public Hearing (Budget) on 9- 21 -10.
Commissioner Devitt moved and Commissioner Wheeler seconded to approve
the Minutes of the Regular Meeting & Public Hearing of 9/10/10, the
Public Hearing (Budget) of 9/10/10 and the Public Hearing (Budget) of
9/21/10 as submitted. There was no discussion. All voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Mr. Thrasher requested that two items be deferred until the November
Commission Meeting. He asked that Item IX. C, Changes to Personnel
Policy, and Item IX. D, Right -of -way modifications be deferred because
he hoped to have material available for his presentation and was unable
to put that together in time for this meeting.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. November 12, 2010 @ 9 A.M.
2. December 10, 2010 @ 9 A.M.
3. January 14, 2011 @ 9 A.M.
Regular Meeting and Public Hearing
Town Commission - October 8, 2010 Page 2
4. February 11, 2011 @ 9 A.M.
5. March 11, 2011 @ 9 A.M.
Mayor Koch asked if there were any conflicts with the scheduled
meetings. There were none.
VII. PUBLIC HEARING.
O Clerk Taylor administered the oath to William Weitsma, Robert Paglia,
Kermit White, Ned MacDonald, Mark Marsh, James Bellarano and Jeffrey
Lynn who were present and planning to participate in the public hearing.
A. Applications for Development Approval
1. An application submitted by William Wietsma, as Agent for
Keybank National Assoc., Personal Representative of M.
Ireland Estate, James A. Liggett, Vice President, owner of
property located at 3565 N. Ocean Blvd., Gulf Stream,
Florida, legally described as Part of Lots 7 & 8, Gulf
Stream Ocean Tracts and Part of Lots 9 & 10, Block "B ",
Palm Beach Shore Acres for the following:
a. LAND CLEARING PERMIT to clear construction site.
b. NORTH OCEAN BLVD. OVERLAY PERMIT to allow 2nd story
addition to existing garage that is partially located
in the overlay district; install driveway gates and
pedestrian gates; add landscaping.
c. SPECIAL EXCEPTION to allow a 2nd story addition to
existing garage that encroaches approximately 4.6 ft.
into the north side setback.
d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit a 918
sq. ft. addition to existing Gulf Stream Bermuda style
one -story single family dwelling and a 700 sq. ft. 2nd
story addition over the existing garage; brick
driveway; 8 foot high south side easement wall; 3
gates; new swimming pool.
Clerk Taylor asked if there were any ex -parte communications concerning
this application. There were none.
William Wietsma, of William Wietsma Co., agent for applicant, said there
is one change to the design pertaining to the south side pedestrian
easement, stating that the previously proposed gates at either end of
the easement have been canceled and there will be no improvements made
in that easement. Mr. Weitsma explained that they will be adding
approximately 1,000 SF on the north side, a small addition on the south
side and small addition on the west side, keeping the character and
proportion of the existing house, but totally rebuilding and bringing it
to Code. He said they are adding a second story to the garage, but
minimizing the height by 4 feet. Commissioner Wheeler commented that
the landscaping on the garage wall seems sparse and it is close to the
road. He asked if they would consider planting some trees to provide
screening. Mr. Wietsma said they will be happy to add trees along the
garage wall to provide screening.
Commissioner Wheeler moved and Commissioner Devitt seconded to approve a
Land Clearing Permit. There was no discussion. All voted AYE.
Commissioner Wheeler moved and Commissioner Devitt seconded to approve a
Regular Meeting and Public Hearing
Town Commission - October 8, 2010 Page 3
North Ocean Boulevard Overlay District Permit. There was no discussion.
All voted AYE. Commissioner Wheeler moved and Commissioner Devitt
seconded to approve a Special Exception to allow a 2nd story addition to
the existing garage that encroaches approximately 4.6 feet into the
north side setback, with the condition that additional landscape be
added, as worked out with the Town Manager, to screen the garage wall.
O There was no discussion. All voted AYE. Commissioner Wheeler moved and
Commissioner Devitt seconded to approve a Level III Architectural /Site
Plan based on a finding that the construction of 918 SF addition to an
existing Gulf Stream Bermuda style one -story single family dwelling a
700 SF 2nd story addition over the existing garage; installation of a
brick driveway, an 8 -foot high south side easement wall, three gates and
a new swimming pool meets the minimum intent of the Design manual and
applicable review standards with the following conditions:
1. Up to twelve (12) Australian pine trees will be planted by the
Town of Gulf Stream located between the roadway and the property
line.
2. Roof shall be white (through and through) flat cement tile.
3. Primary color shall be chosen from the approved color list and
shall match the house.
4. Pedestrian gates at each end of pedestrian easement are
eliminated.
5. All improvements, including landscaping, to be removed from
pedestrian easement.
There was no discussion. All voted AYE.
2. An application submitted by Robert Paglia, as Agent for
Glenn Cotton, owner of property located at 2534 Avenue Au
Soleil, Gulf Stream, Florida, legally described as Lot 49,
Place Au Soleil Subdivision for the following:
a. SPECIAL EXCEPTION to allow an addition of 277 sq. ft.
to the northeast corner of the existing first floor
that will extend a non - conforming wall that encroaches
one foot into the required 15 foot north side setback
and combined setbacks.
b. SPECIAL EXCEPTION to permit a second -story addition of
1,192 sq. ft. that will extend over a non - conforming
wall that encroaches one foot into the required 15 ft.
south side setback and combined setbacks.
c. SPECIAL EXCEPTION to permit the addition of covered,
C unenclosed area that exceeds the maximum FAR allowed
by 142 sq. ft.
d. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit a
first floor addition of 277 sq. ft., a second -story
addition of 1,192 sq. ft., 526 sq. ft. of covered,
unenclosed area to an existing Anglo Caribbean style
single family dwelling, new pool and driveway.
Clerk Taylor asked if there were any ex -parte communications concerning
this application. There were none.
Kermit White, architect for the project, stated that the Architectural
Review and.Planning Board recommended that the roof be white flat tile
through and through, which the applicant has agreed to do. He said that
Regular Meeting and Public Hearing
Town Commission - October 8, 2010 Page 4
the landscaping along the south side property line has been revised with
additional trees to provide screening. Commissioner wheeler asked what
type of trees would be planted. Robert Paglia, agent for the applicant,
said they are 12, to 14, double Montgomery Anna Vetchia palms for
screening, there is a Triple Coconut palm on the south corner of the
house and the existing Ficus hedge on the south side of the property
O will be maintained at 12 feet. Mr. Thrasher asked the Commission to
consider an additional condition that, prior to permitting for
demolition, a drainage plan and Palm Beach County Health Department
approval for the septic tank be provided at that time. He said they are
modifying the front drive which will require a drainage permit.
Ned MacDonald, the neighbor of 2534 Avenue Au Soleil, thanked Mr. Paglia
for agreeing to maintain the existing Ficus hedge at 12 feet. He asked
him to repeat his statement concerning the trees that will line the
Ficus hedge and asked the Commission to help him understand how that
will alleviate his concerns. Mr. Paglia said the height of the hedge
would eliminate his concern, but there will also be 8 trees planted
along the hedge that will tower over it. Commissioner Wheeler said
there will be plenty of screening when they are planted and within 10
years those trees will grow above the height of the house.
Commissioner Wheeler moved and Vice -Mayor Orthwein seconded to approve a
Special Exception permitting an addition of 277 SF to the northeast
corner of the existing first floor that will extend a non - conforming
wall that encroaches one foot into the required 15 -foot north side
setback and combined setbacks. There was no discussion. All voted AYE.
Commissioner wheeler moved and Vice -Mayor Orthwein seconded to approve a
Special Exception permitting a second -story addition of 1,192 SF that
will extend over a non - conforming wall that encroaches one foot into the
required 15 -foot south side setback and combined setbacks. There was no
discussion. All voted AYE. Commissioner wheeler moved and Vice -Mayor
Orthwein seconded to approve a Special Exception permitting the addition
of covered, unenclosed area that exceeds the maximum FAR allowed by 142
SF, 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 unenclosed roof projection
areas as approved shall remain so for as long as the structure is in
existence or exceeds the maximum permissible FAR. There was no
discussion. All voted AYE. Commissioner wheeler moved and Vice -Mayor
Orthwein seconded to approve Level III Architectural /Site Plan based on
a finding that the Proposed first floor addition of 277 SF, a second -
story addition of 1,192 SF, 526 SF of covered unenclosed area to an
existing Anglo Caribbean style single family dwelling, new pool and
driveway meet 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 provide a deed restriction stating that all unenclosed
roof projection areas as approved shall remain so for as long as the
structure is in existence or exceeds the maximum permissible FAR.
Regular Meeting and Public Hearing
Town Commission - October 8, 2010 Page 5
2. Prior to the issuance of a Certificate of Occupancy the owner of the
property shall prepare and record a Gulf Stream Driveway Removal
Agreement.
3. Any minor modifications in the landscape plan shall be submitted to
the Town manager for review and approval and any major modifications
shall be brought back to the ARPB for review and approval, prior to
commencement of landscaping.
O
4. Plans to be submitted to Place Au Soleil Homeowners Association for
review and comment prior to Public Hearing to be held by Town Commission
on October 8, 2010.
5. 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 a hedge at the south property line shall be maintained at a
minimum height of 12 feet for as long as the structure remains on this
property.
6. The landscape plan shall be revised to include landscape material on
the south side of the structure to screen the second story and add
privacy for the property to the south.
7. The roof shall be white (through and through) flat cement tile.
8. Prior to the issuance of a permit for demolition, a drainage plan
and Palm Beach County Health Department approval for the septic tank
shall be provided at that time. There was no discussion. All voted
AYE.
3. An application submitted by Mark Marsh as agent for Mr.
and Mrs. Steven Silverman, contract purchasers of the
property owned by Flavia Milano located at 1465 N. Ocean
Blvd., Gulf Stream, Florida, which is legally described in
metes and bounds in the revised plat of Blocks D &E of Palm
Beach Shore Acres to permit the following:
a. SPECIAL EXCEPTION to extend existing non - conforming
north wall of existing non - conforming 3 -story dwelling
that encroaches approximately 6 ft. into the north side
setback.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
extension of the non - conforming north wall of the non-
conforming 3 -story Mediterranean Revival dwelling to
accommodate an addition of 79 sq. ft. to the existing
Mediterranean Revival non - conforming structure, a total
of 79 sq. ft.
Clerk Taylor asked if there were any ex -parte communications concerning
this application. Mayor Koch stated that he spoke with Mr. Ganger
several weeks ago concerning a possible 10 -foot easement and Mr. Ganger
informed him that there would be no impact on the easement wall.
Mark Marsh, agent for applicant, briefly summarized the presentation and
discussion that took place at the Architectural Review and Planning
Board meeting on September 23, 2010. He explained that a larger estate
was subdivided many years ago creating a narrow and non - conforming lot,
which is 1465 N. Ocean Blvd., and the property is connected to Mr.
Ganger's property by the south side wall. Mr. Marsh said the main house
has one bedroom which is located on the 2nd floor and there is a guest
cottage on the property with 2 very small bedrooms on the 2nd floor. He
said the applicant previously requested a variance to expand the 2nd
Regular Meeting and Public Hearing
Town Commission - October 8, 2010 Page 6
floor of the guest cottage creating two additional bedrooms, but the
ARPB did not recommend approval of that variance because they felt it
would be in violation of the Code. Mr. Marsh said the applicant is now
requesting only the portion of the previous application for which the
ARPB recommended approval, which includes a special exception to extend
the north structure wall and approval of Level III Architectural /Site
O Plan to permit an addition of 79 SF on the main house, creating a small
mud room /pantry area.
Mr. Marsh explained that the applicant previously requested a covered
entry to the main house and planned to add a loggia, both of which were
not recommended for approval by the ARPB. He said the applicant will
now have to remodel and enhance some of the hardscape elements.
Clerk Taylor administered the oath to Robert Ganger who is the neighbor
on the south side of the property. Mr. Ganger explained that he recused
himself from participating in the September 23rd Public Hearing for this
application. He said the main house at 1465 N. Ocean Blvd. was the
first house built on the property before the subdivision. Mr. Ganger
said the original kitchen was very small and they added on to make it
larger. He said he had no objection to the applicant's original request
for an addition to enlarge the kitchen, create a mud room /pantry area
and a covered entry to that area from the motor court.
Commissioner Wheeler moved and Vice -Mayor Orthwein seconded to approve
extending the north structure wall of an existing non - conforming 3 -story
dwelling that encroaches approximately 6 feet into the north side
setback based on the finding that the extension meets the minimum intent
of the Design Manual and applicable review standards. There was no
discussion. All voted AYE. Commissioner Wheeler moved and Vice -Mayor
Orthwein seconded to approve Level III Architectural /Site Plan to extend
the north structure wall providing for the expansion of the north single
story portion of the existing non - conforming 3 -story dwelling, a total
of 79 SF. There was no discussion. All voted AYE.
VIII. Reports.
A. Town Manager
1. Overhead Utility Undergrounding Project Update
Mr. Thrasher said there have been no changes since his last report on
the project. He said there was some question regarding FPL and using
third -party contractors for the connection, but with the help of our
consultant, Danny Brannon, and Mr. Wright, the attorney representing the
Municipal Underground Utility Consortium, FPL has agreed to allow the
Town to use their own contractors for this project, which will eliminate
cost escalation. Mr. Thrasher said that the consulting firm is still
working on individual assessments and will notify us when their report
is complete.
2. Referendum to Amend P.B. County Charter to Establish a
County Code of Ethics, Independent Commission on Ethics,
and Independent Office of Inspector General, and May Also
Apply to Municipalities.
Regular Meeting and Public Hearing
Town Commission - October 8, 2010 Page 7
Mr. Thrasher said that information and a copy of the Palm Beach County
Ordinance concerning this matter was included in the Commission packets
and staff has highlighted important points that the Commissioners should
review, specifically the additional cost to all municipalities, which
was not anticipated in the Town's budget. Mr. Thrasher said some
municipalities have already adopted this and both Boynton Beach and
O Lantana have passed an ordinance which will be voted on by their
constituents. If this passes, the Town will be obligated to join in
with the concept. Mayor Koch asked if the Commission should take a
position on this matter. Mr. Randolph said there is a statute which
states that the Town should not spend taxpayer's money to take a
position on issues. Mayor Koch said the Gulf Stream Civic Association
can take a position. Mr. Ganger, President of the Gulf Stream Civic
Association, stated that they will get the information out to the
community, most likely through a newsletter, and they will present both
sides of the issue, but will not take a position.
B. Architectural Review & Planning Board
1. Meeting Dates
a. October 28, 2010 @ 8:30 A.M.
b. November 18, 2010 @ 8:30 A.M.
c. December 16, 2010 @ 8:30 A.M.
d. January 27, 2011 @ 8:30 A.M.
Mayor Koch stated that William Coleman is the new Regular Member of the
Architectural Review and Planning Board. He said Mr. Coleman has been
sworn in by the Town Clerk, he has submitted his financial disclosure
and has met with staff.
C. Finance Director
1. Financial Report for September 2010
Mr. Thrasher said that September was filled with a multitude of year -end
adjustments and accruals, but his report is positive. He requested that
the Financial Report for September, 2010 be accepted as submitted.
Vice -Mayor Orthmein moved and Commissioner Devitt seconded to accept the
Financial Report for September, 2010 as submitted. There was no
discussion. All voted AYE.
2. Water Usage as of September 30, 2010
Mr. Thrasher noted that the Water Usage Report was included in the
Commission packets.
D. Police Chief
1. Activity for September 2010
Lt. Allen was in attendance on behalf of Chief ward. He requested that
the Activity Report for September, 2010 be accepted as submitted. The
Commissioners accepted the Activity Report for September, 2010 as
submitted. There was no discussion.
IX. Items for Commission Action.
A. ORDINANCE No. 010/2; AN ORDINANCE OF THE TOWN COMMISSION
OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN'S CODE OF ORDINANCES, AT SECTION 70 -187,
TO PROVIDE FOR THE REQUIRED SCREENING OF FENCES FROM
PUBLIC AND PRIVATE ROADWAYS AND TO PROHIBIT SPECIFIC TYPES
OF FENCING; AMENDING, AT SECTION 71 -4, SITE DEVELOPMENT
REGULATIONS FOR THE GULF STREAM DESIGN MANUAL FOR RM WEST
AND RM EAST MULTIPLE- FAMILY RESIDENTIAL DISTRICTS, TO
Regular Meeting and Public Hearing
Town Commission - October 8, 2010 Page 8
INCLUDE NEW LOT COVERAGE AND BUILDING SEPARATION
REQUIREMENTS; AMENDING, AT SECTION 71 -7, MULTIPLE- FAMILY
RESIDENTIAL DESIGN GUIDELINES, TO INCLUDE REQUIREMENTS FOR
FENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.(second reading & adoption)
O Clerk Taylor read Ordinance No. 010/2 in title. Commissioner Devitt
moved and Commissioner Wheeler seconded to approve Ordinance 010/2 as
amended. There was no discussion.. All voted AYE.
B. Resolutions
1. No. 010 -3; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA CONTINUING THE
TOWN OF GULF STREAM "CAFETERIA PLAN "; AUTHORIZING THE TOWN
MANAGER TO EXECUTE PLAN DOCUMENTS; AND ESTABLISHING AN
EFFECTIVE DATE.
Commissioner Wheeler asked for an explanation of "Cafeteria Plan." Mr.
Thrasher said the Town has a Cafeteria Plan which allows a pre -tax
option for employees to take out long -term care and other insurance, but
because rules have changed and in -house policies will be changed from
time to time, this Resolution allows the third -party representative to
make their opinion legally sufficient. Clerk Taylor read Resolution No.
010 -3 in title. Vice -Mayor Orthwein moved and Commissioner Devitt
seconded to approve Resolution No. 010 -3. All voted AYE.
2. No. 010 -4; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, FLORIDA RECOGNIZING CITY GOVERNMENT WEEK,
OCTOBER 17 -23, 2010 AND ENCOURAGING ALL CITIZENS TO
SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES.
Commissioner Devitt asked Mr. Thrasher if he recommends adopting this
Resolution supporting recognition of City Government Week. Mr. Randolph
suggested support by proclamation. Clerk Taylor said the League of
Cities requested that the Town support recognition of City Government
Week by Resolution. Clerk Taylor read Resolution No. 010 -4 in title.
Vice -Mayor Orthwein moved and Commissioner Devitt seconded to approve
Resolution No. 010 -4. There was no discussion. Roll Call: Vice -Mayor
Orthwein, AYE; Commissioner Devitt, AYE; Commissioner Wheeler, NO; Mayor
Koch, AYE. The motion passed by a 3 - 1 vote.
3. No. 010 -5 A RESOLUTION OF THE TOWN OF GULF STREAM
OPPOSING AMENDMENT 4 ON THE 2010 GENERAL ELECTION BALLOT,
WHICH PROPOSES AN AMENDMENT TO THE FLORIDA CONSTITUTION
REQUIRING THAT EVERY AMENDMENT TO A CITY'S OR COUNTY'S
COMPREHENSIVE PLAN BE SUBJECT TO A VOTE OF THE RESPECTIVE
CITY'S OR COUNTY'S ELECTORATE.
Mr. Randolph asked who proposed opposing Amendment 4 on the 2010 General
election Ballot. He said he knows how everyone feels about this, but we
do have a statute that states we should not use taxpayer's money to take
a position on referendum issues. Clerk Taylor said this comes from the
Florida League of Cities. Clerk Taylor read Resolution No. 010 -5 in
title. Commissioner Wheeler moved and Vice -Mayor Orthwein seconded to
approve Resolution No. 010 -5. There was no discussion. All voted AYE.
C. Changes to personnel policy
This item was deferred to the November 12, 2010 Regular Meeting and
Public Hearing of the Town Commission.
Regular Meeting and Public Hearing
Town Commission - October 8, 2010
Page 9
D. Right -of -way modifications
This item was deferred to the November 12, 2010 Regular Meeting and
Public Hearing of the Town Commission.
E. Items by Mayor & Commissioners
There were no items by the Mayor or the Commissioners.
X. Public.
O Mr. Ganger said that the Civic Association will hold their Board meeting
on Monday, October 11th and he would like to brief the Board on the
underground project and the progress that has been made to date. He
wanted to get their feeling on this project before residents are asked
to vote. Mr. Ganger said the next step will be for the Commission to
vote on whether to move forward with a straw vote and he asked Mr.
Thrasher if he knew when that vote might take place. Mr. Thrasher said
most likely by the end of this year. He said he would like the
Commission to vote on this at their next meeting, but the individual
assessment information is not yet available for their review and
consideration. Mr. Ganger said he was hoping to get some information
out to the residents before an actual vote. Mr. Thrasher said that
could postpone a vote until early in 2011.
XI. Adjournment. Commissioner Orthwein moved and Commissioner Devitt
seconded the motion to adjourn. Mayor Koch adjourned the meeting at
;il imately 10:00 A.M.
C / /
. A bb ale
Administrative Assistant
N
c
THE PALM BEACH POST
Published Daily and Sunday
West Palm Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Ellen Sanita, who on oath
says that she is Call Center Revenue Manager of The Palm Beach Post, a daily
and Sunday newspaper, published at West Palm Beach in Palin Beach County,
Florida; that the attached copy of advertising fora Notic in the matter Chapter
197 was published in said newspaper in the issues of November 15, 22. 29. &
December 6. 2010. Affiant further says that the said The Post is a newspaper
published at West Palm Beach, in said Palm Beach County, Florida, and that the
said newspaper has heretofore been continuously published in said Palm Beach
County, Florida, daily and Sunday and has been entered as second class mail
matter at the post office in West Palm Beach, in said Palm Beach County,
Florida, for a period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that she /he has neither
paid nor promised any person, firm or corporation any discount rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper. Also published in Martin, St. Lucie and Indian
River Counties.
Sworn to and subscribed before 6" day of December, A.D. 2010.
Who is personally (mown to me.
/P mtl/i
NOTARY PUBuc-sTATE of FIARIDA
(§"'\ Kamm M. MCLInton
Ald
=Commission #DD932672
MY/Exp1m: NOV.15,2012
HpItS1Y.D TIDtD ATIANrlC BOND ntC CQ ntC.
DR-413
R. 02/91
Affidavit of Proof of Publication
DEPARTMENT
OF REVENUE
State of Florida
County of Palm Beach
Before the undersigned authority, personally appeared Ellen Sanita who on
oath says that she is the Call Center Revenue Manager of The Palm Beach
Post, a newspaper published at West Palm Beach, in Palm Beach County,
Florida; that the attached copy of advertisement, being a notice of the local
government's intent to use the uniform method for collecting a non -ad valorem
assessment, was published in said newspaper in the four consecutive weeks
of November 15, November 22, November 29, December 6, in the year 2010.
The affiant further says that the said The Palm Beach Post is a newspaper
published at West Palm Beach, in said County, Florida, and that the said The
Palm Beach Post newspaper has heretofore been continuously published in
said Palm Beach County, Florida, each day, and has been entered as second
class mail matter at the post office in West Palm Beach, in Palm Beach
County, Florida, for a period of one year next preceding the first publication of
the attached copy of advertisement; and the affiant further says that he has
neither paid nor promised any person, firm, or corporation any discount,
rebate, commission, or refund for the purpose of securing this advertisement
for publication in the said newspaper.
Sworn to and subscribed before me this 6th day of December in the year of
its intent to use
of collacting nor
to
.ride
s assess -
on 197.
public
a.m. on
vn Com
ad, Gulf
tian wJI
In the even! any person decides to
appeal any decision by the Town with
.respect to any matter relating to the
consideration of the resolution at the
abays.mferenced hearing,a record of
the proceeding may be needed, and, in
such event, such pparson may need to
ensure that a verbatim record of the
Public hearing is made, which record
includes the testimony and evidence on
which the appeal is to be based. In
accordance with .the Americans with
Disabilities Act, parsons needing a spe-
cial accommodation or an interpreter to
participate in this proceeding should
contact the Town Clerk's Office at
""1276 -5116, five days prior to the
date of [he hearing
TOWN OF GULF STREAM, FLORIDA
2010.
FOTARy PODLIGSTP.TS of rLORIDA
I� ...... Karen M• McLintoll
1
if
Notary Public�,gI CGmmissio0 #DD832672
ry `••;`�'._` Expires: NOV 15, 2012
My Commission Expires: Rsl msn T ❑ROATLAsNTICRDNDIN000.,Mr-
Original: Tax Collector
cc: Property Appraiser
Local Government Florida Department of Revenue, Property Tax Administration, PO Box 3000,
Tallahassee, FL 32315 -3000