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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