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HomeMy Public PortalAbout04/08/2011NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on Thursday, March 24, 2011 at 8:30 A.M., and the Town Commission will hold a Public Hearing on Friday, April 8, 2011 at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application submitted by Roger Hansrote, A.C.I. agent for Flavia Milano, owner of property located at 4 Driftwood Landing, Gulf Stream, Florida, legally described as Lot 1, Driftwood Landing, Recorded in Plat Book 30, Page 231 in the records in Palm Beach County, for the following: SPECIAL EXCEPTION #1: To permit additions to non- conforming structure that encroaches approximately 15 ft. into the front setback and approximately 2.38 ft. into the rear setback. SPECIAL EXCEPTION #2; To permit 155 sq. ft. of covered unenclosed roof projection that exceeds the maximum permitted floor area ratio. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW: To permit the demolition of 1,016 sq. ft. of existing Bermuda style single family dwelling and garage /guest house and the addition of a partial second story and various covered, unenclosed areas, a total of 1,589 sq. ft. a net addition of 573 Sq. Ft. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application at the meetings noticed above. These meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The complete application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. l_1 ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Architectural Review and Planning Board and the Town Commission of the Town of Gulf Stream at the times and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated: March 4, 2011 TOWN OF GULF STREAM, FLORIDA Rita L. Taylor, r66wn Clerk April 1, 2011 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Muriel J. Anderson Fred B. Devitt III Chris D. Wheeler OREGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, APRIL 8, 2011 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. A. Regular Meeting, 3 -11 -11 B. Certification of Election Returns V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. May 13, 2011 @ 9 A.M. 2. June 10, 2011 @ 9 A.M. 3. July 8, 2011 @ 9 A.M. 4. August 12, 2011 @ 9 A.M. 5. September 9, 2011 @ 9 A.M. 6. October 14, 2011 @ 9 A.M. B. Mayor's Proclamation 1. Proclaiming April as "Water Conservation Month" VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Roger Hansrote, A.C.I., as Agent for Flavia Milano the owner of property located O at 4 Driftwood Landing, Gulf Stream, Florida, which is legally described as Lot 1, Driftwood Landing Subdivision in Gulf Stream, for the following: a. SPECIAL EXCEPTION #1: To permit additions to a nonconforming structure that encroaches approximately 15 ft. into the front setback and approximately 2.38 ft. into the rear setback. b. SPECIAL EXCEPTION #2: To permit 155 sq. ft. of covered unenclosed roof projection that exceeds the maximum permitted floor area ratio. c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW: To permit the demolition of 1,016 sq. ft. of existing Bermuda style single family dwelling and garage /guest house, and the addition of a partial second story and various covered, unenclosed areas, a total of 1,589 sq. ft., a net addition of 573 sq. ft. VIII. Reports. A. Town Manager 1. Costs: Annexation /Comprehensive Plan Amendments 2. Zoning Development Fees & Zoning /Building Review Fees B. Architectural Review & Planning Board 1. Meeting Date a. April 28, 2011 @ 8:30 A.M. b. May 26, 2011 @ 8:30 A.M. c. June 23, 2011 @ 8:30 A.M. d. July 28, 2011 @ 8:30 A.M. e. August 2011, No Meeting f. September 22, 2011 @ 8:30 A.M. AGENDA CONTINUED C. Finance Director 1. Financial Report for March 2011 2. Water Usage as of March 31, 2011 D. Police Chief 1. Activity for March 2011 2. Software License & Services Agreement and Software Maintenance Agreement w/ SunGard Public Sector IX. Items for Commission Action. A. Agreement; Overhead Utility Undergrounding Project Mgmt. & Engineering Consulting Services - Brannon & Gillespie, LLC B. Resolutions 1. Resolution No. 011 -6; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AGREEING TO RESCIND THE INTERLOCAL AGREEMENT BETWEEN THE TOWN OF GULF STREAM AND THE CITY OF BOYNTON BEACH DATED SEPTEMBER 7, 2004 REGARDING ANNEXATION OF UNINCORPORATED PROPERTIES SUBJECT TO THE CITY OF BOYNTON BEACH AGREEING TO THE RESCISSION OF SAID INTERLOCAL AGREEMENT; PROVIDING AN EFFECTIVE DATE. 2. Resolution No.011 -7; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, WHICH SUPERSEDES RESOLUTION NO. 001 -2, ESTABLISHING FEES FOR THE PROCESSING OF APPLICATIONS FOR DEVELOPMENT APPROVAL; PROVIDING FOR THE RECOVERY OF DIRECT COSTS ASSOCIATED WITH THE PROCESSING OF SAID APPLICATIONS, PROVIDING FOR A WAIVER OF SUCH FEES AND EXPENSES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 3. Resolution No. 011 -8; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, WHICH SUPERSEDES RESOLUTION NO. 009 -4, ESTABLISHING FEES FOR THE PROCESSING AND REVIEW OF APPLICATIONS FOR BUILDING PERMITS, PROVIDING FOR THE RECOVERY OF COSTS ASSOCIATED WITH THE PROCESSING OF SAID APPLICATIONS, PROVIDING FOR A WAIVER OF SUCH FEES AND EXPENSES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. Bid Award; Surveying for the Overhead Undergrounding Project D. Items by Mayor & Commissioners E. Reorganization. 1. Election of a Mayor O2. Election of a Vice Mayor 3. Appointment of 1 Alternate Member on ARPB F. Designation of Voting Delegate & Alternates- P.B.C. League 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 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, APRIL 8, 2011 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. ll. Pledge of Allegiance. The Pledge of Allegiance was led by the Mayr,r . III. Roll Call. Present and Participating Absent w /Notice Also Present and Participating IV. Minutes. William F. Koch, Jr. Joan K. Orthwein Muriel J. Anderson Fred B. Devitt, III Chris D. Wheeler William H. Thrasher Rita L. Taylor Garrett J. Ward Roger Hansrote, A.C.I. Danny Brannon of Brannon & Gillespie, LLC Marcie Nolan, Esq. of Becker & Poliakoff Mayor Vice -Mayor Commissioner Commissioner Commissioner Town manager Town Clerk Police Chief Agent for Milano Undergrounding Consultant Representing G. S. Shores COA A. Regular Meeting, 3 -11 -11 B. Certification of Election Returns Vice -Mayor Orthwein moved and Commissioner Anderson seconded to approve both the Minutes of the Regular Meeting of March 11, 2011 and the Minutes of the Certification of Election Returns. There was no discussion. All voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes. VI. Announcements. A. Regular Meetings and Public Hearings 1. May 13, 2011 @ 9 A.M. 2. June 10, 2011 @ 9 A.M. O3. July 8, 2011 @ 9 A.M. 4. August 12, 2011 @ 9 A.M. 5. September 9, 2011 @ 9 A.M. 6. October 14, 2011 @ 9 A.M. There were no conflicts with the Meeting Schedule. Clerk Taylor asked the Commission to schedule a Special Commission Meeting to be held prior to their Regular May Meeting. She said the available dates are Thursday, April 28th in the afternoon or anytime on Friday, April 29tH The Commission scheduled the special Meeting for Thursday, April 28, 2011 at 1:00 P.M. Regular Meeting and Public Hearing Town Commission - April 8, 2011 Page 2 B. Mayor's Proclamation 1. Proclaiming April as "Water Conservation Month" Clerk Taylor stated that the Mayor's Proclamation is requested by the South Florida Water Management District proclaiming the Month of April as Water Conservation Week. She said the Mayor will sign the Proclamation and it does not require Commission Action. Q VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Roger Hansrote, A.C.I., as Agent for Flavia Milano the owner of property located at 4 Driftwood Landing, Gulf Stream, Florida, which is legally described as Lot 1, Driftwood Landing Subdivision in Gulf Stream, for the following: a. SPECIAL EXCEPTION #1: To permit additions to a nonconforming structure that encroaches approximately 15 ft. into the front setback and approximately 2.38 ft. into the rear setback. b. SPECIAL EXCEPTION #2: To permit 155 sq. ft. of covered unenclosed roof projection that exceeds the maximum permitted floor area ratio. c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW: To permit the demolition of 1,016 sq. ft. of existing Bermuda style single family dwelling and garage /guest house, and the addition of a partial second story and various covered, unenclosed areas, a total of 1,589 sq. ft., a net addition of 573 sq. ft. Clerk Taylor asked if there were any ex -parte communications concerning this application. There were none. She administered the Oath to Roger Hansrote, agent for Milano. Mr. Hansrote gave an overview of the proposed site plan stating that the existing home is a single story with an attached 2 -story garage. He said Mrs. Milano would like a master bedroom suite and the only way to achieve that is to add a second story above the living room. Mr. Hansrote said their two issues are the maximum permitted FAR and the a new setback requirement which cuts through the front half of the existing home. He explained that the second story addition will be slightly touched by that setback. Commissioner Devitt asked Mr. Hansrote if the setback is curved. Mr. Hansrote explained that it is curved because of the position of the property on the cul -de -sac. Mr. Thrasher said there is an additional 10' setback from the edge of the pavement because it is a private road. Mr. Hansrote said the existing first level floor plan is not organized or functional and does not address the pool area. He referred to the proposed first level floor plan where they have relocated the kitchen to be more centered with the pool and solarium area, they have added a powder room on the first floor and, because the remaining available space on the first level did not allow for a master bedroom, they are Regular Meeting and Public Hearing Town Commission - April 8, 2011 Page 3 adding a second level. Mr. Hansrote said the second story addition to the home will create proportion and balance with the 2 -story garage. Vice -Mayor Orthwein moved and Commissioner Devitt seconded to approve a Special Exception to allow an addition to a non - conforming structure that encroaches approximately 15' into the front setback and approximately 2.38' into the rear setback. There was no discussion. OAll voted AYE. Vice -Mayor Orthwein moved and Commissioner Devitt seconded to approve a Special Exception to allow 155 SF of covered unenclosed roof projection that exceeds the maximum permitted floor area ratio. There was no discussion. All voted AYE. Commissioner Anderson moved and Commissioner Devitt seconded to approve the Level III Architectural /Site Plan based on a finding that the proposed demolition of 1,016 SF of an existing Bermuda style single family dwelling and garage / guest house, and the addition of a partial second story and various covered, unenclosed areas, a total of 1,589 SF (net addition of 573 SF) meet the minimum intent of the Design manual and applicable review standards with conditions. Vice -Mayor Orthwein asked if the conditions should be read. Clerk Taylor confirmed that and read the conditions, as follows: 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 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. 2. Prior to final approval the proposed site plan shall be provided to the Driftwood Landings Home Owners Association for their review and comments. 3. Electric service line(s) shall be buried if they are not already. Mr. Thrasher asked Mr. Hansrote, as agent for Milano, if he understands the conditions and agrees to them. Mr. Hansrote confirmed that. Clerk Taylor stated that it is an amended motion to include the conditions with an amended second. There was no further discussion. All voted AYE. VIII. Reports. A. Town Manager 1. Costs: Annexation /Comprehensive Plan Amendments Mr. Thrasher said that in previous approvals of allocation of funds there was no agreement to proceed with the cost associated with the Comp Plan Amendment to Urban Design Kilday Studios (UDKS), and said it was part of their contract. However, at the time of allocating funds it was excluded because the Town was not sure that annexation would actually pass. He said it has passed and the Town must update its Comp Plan. Mr. Thrasher said the additional $15,000 he is requesting is in line with the previous contract; however the Commission wanted to be sure that it Regular Meeting and Public Hearing Town Commission - April 8, 2011 Page 4 was not authorized prior to the annexation vote and, therefore, this is just a procedural action. Mr. Thrasher said he was also requesting $20,000 from unappropriated funds for miscellaneous but necessary costs relating to annexation such as Supervisor of Elections, newspaper public notices, poll workers payroll, attorneys fees, etc. He said the Town has appropriated O $245,000 for the combination of undergrounding and annexation and of that the Town has expended approximately $82,000 to $85,000. Mr. Thrasher said the Commission most recently appropriated $50,000 for a pool of surveyors and $100,000 for Brannon & Gillespie Engineering. He said he wanted to be sure that these items have been discussed at the Commission level before the auditors review the books. Mr. Thrasher said he is asking for two motions, one for an additional $15,000 to UDKS for the Comp Plan Amendment and another for an additional $20,000 for miscellaneous expanses relating to annexation. He said both of these are associated with annexation because the Comp Plan amendments are necessary within 12 months of the official annexation. Commissioner Orthwein asked when the Town will start receiving tax dollars from the annexed properties. Mr. Thrasher said it is still in question, but staff has had this conversation with Palm Beach County and nothing has been finalized. He said it would probably be October 1, 2011 at the very least before the Town would start incurring revenues, and it is his goal to obtain tax dollars associated with the annexed properties as of March 15, 2011 when the Town began providing services to those properties. Commissioner Devitt said it will most likely be November, 2011 before the Town receives any of that money. Commissioner Devitt moved and Vice -Mayor Orthwein seconded to approve $15,000 from unappropriated funds to UDKS for Comp Plan Amendment. There was no discussion. All voted AYE. Commissioner Devitt moved and Vice -Mayor Orthwein seconded to approve $20,000 from unappropriated funds for miscellaneous annexation expenses. There was no discussion. All voted AYE. 2. Zoning Development Fees & Zoning /Building Review Fees Mr. Thrasher said this matter will come up under Items for Commission Action and he will make specific recommendations at that time, but it is his recommendation that the Town adjust their fees in both development approval and in building permit review. He said the building permit review fees have been adjusted within the past two years, but the development approval review fees have not been changed in nine years. Mr. Thrasher said staff has tried to be conservative and encourage development, but the current fees do not come close to covering costs associated with application review. He said he is not sure why it has not been looked at sooner, but there has been a lot of recent activity and it is time to make some adjustments in fees. B. Architectural Review & Planning Board 1. Meeting Date a. April 28, 2011 @ 8:30 A.M. b. May 26, 2011 @ 8:30 A.M. Regular Meeting and Public Hearing Town Commission - April 8, 2011 Page 5 c. June 23, 2011 @ 8:30 A.M. d. July 28, 2011 @ 8:30 A.M. e. August 2011, No Meeting f. September 22, 2011 @ 8:30 A.M. Mayor Koch noted the Architectural Review and Planning Board's scheduled meetings. He asked if the Board lost a member. Clerk Taylor said an alternate member has resigned and it will be discussed under Commission O Action. There was no further discussion. C. Finance Director 1. Financial Report for March 2011 Mr. Thrasher asked that the Financial Report for March 2011 be approved as submitted. Commissioner Anderson asked what the current mileage rate is. Mr. Thrasher said the rate is .55 per mile, which is in line with the IRS mileage table. Commissioner Devitt said there is a notation in the financials that states that typically 50% should be recorded, but we are up to 53 %. Mr. Thrasher said the goal is to be one month short of the current month activity because of potential accruals at year end. He said he feels comfortable with the numbers and noted that within the actual costs are project costs associated with undergrounding and annexation. Commissioner Devitt moved and Commissioner Anderson seconded to approve the Financial Report for March 2011. There was no discussion. All voted AYE. 2. Water Usage as of March 31, 2011 Mr. Thrasher noted that the Water Usage Report as of March 31, 2011 was included in the Commission packet. There was no discussion. D. Police Chief 1. Activity for March 2011 Chief Ward requested that the Activity Report for March 2011 be accepted as submitted. The Report was accepted. 2. Software License & Services Agreement and Software Maintenance Agreement w/ SunGard Public Sector Chief Ward explained that the Agreement is regarding Delray Beach Police Department's transition to a new computer assisted dispatch system (CAD). He said the Gulf Stream Police Department is required to pay licensing and maintenance fees to stay current with their system. Chief Ward said the funding for this Agreement is not available in the current budget because the Police Department was not aware of what the cost would be. He said the initial cost is $5,260 which is a one time fee C) for licensing and first year maintenance, and there will be an ongoing annual maintenance agreement fee of $640. Chief Ward said there may be some ancillary licensing fees that will not be significant and will also be a one -time fee. The Commission agreed that this must be approved to remain on board with Delray's system. Vice -Mayor Orthwein moved and Commissioner Anderson seconded to approve taking $5,260 from unappropriated funds to enter into the SunGuard Licensing and Maintenance Agreement and to allocate $640 in the budget each year for the annual maintenance agreement fee. There was no discussion. All voted AYE. Vice -Mayor Orthwein moved and Commissioner Devitt seconded to authorize Mayor Koch to execute the Delray Dispatch Software Contract. There was no discussion. All voted AYE. Regular Meeting and Public Hearing Town Commission - April 8, 2011 Page 6 IX. Items for Commission Action. A. Agreement; Overhead Utility Undergrounding Project Mgmt. & Engineering Consulting Services - Brannon & Gillespie, LLC Clerk Taylor explained that this Agreement is for overhead utility undergrounding project management and engineering and consulting O services with Brannon & Gillespie. Commissioner Devitt asked if the Agreement with Jupiter Inlet Colony was the boiler plate for this Agreement with Gulf Stream and he asked if the Town Attorney has reviewed and approved the Agreement for legal sufficiency. Clerk Taylor confirmed that. Commissioner Devitt moved and Vice -Mayor Orthwein seconded to approve the Agreement for Overhead Utility Undergrounding Project Management and Engineering Consulting Services with Brannon & Gillespie, LLC and to authorize the Mayor to execute the Agreement. There was no discussion. All voted AYE. B. Resolutions 1. Resolution No. 011 -6; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AGREEING TO RESCIND THE INTERLOCAL AGREEMENT BETWEEN THE TOWN OF GULF STREAM AND THE CITY OF BOYNTON BEACH DATED SEPTEMBER 7, 2004 REGARDING ANNEXATION OF UNINCORPORATED PROPERTIES SUBJECT TO THE CITY OF BOYNTON BEACH AGREEING TO THE RESCISSION OF SAID INTERLOCAL AGREEMENT; PROVIDING AN EFFECTIVE DATE. Clerk Taylor read Resolution No. 011 -6 in title, presented for adoption this 8th day of April, 2011. Commissioner Devitt asked if Boynton Beach is doing the same. Mr. Thrasher said they will follow up as soon as we adopt our Resolution. Vice -Mayor Orthwein moved and Commissioner Anderson seconded to adopt Resolution No. 011 -6. There was no discussion. All voted AYE. Clerk Taylor said the following two Resolutions deal with fee increases. 2. Resolution No.011 -7; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, WHICH SUPERSEDES RESOLUTION NO. 001 -2, ESTABLISHING FEES FOR THE PROCESSING OF APPLICATIONS FOR DEVELOPMENT APPROVAL; PROVIDING FOR THE RECOVERY OF DIRECT COSTS ASSOCIATED WITH THE PROCESSING OF SAID APPLICATIONS, PROVIDING FOR A WAIVER OF SUCH FEES AND EXPENSES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. �) Clerk Taylor read Resolution No. 011 -7 in title, presented for adoption this 8th day of April, 2011. Mr. Thrasher stated that it has been nine years since these fees have been adjusted or increased. Commissioner Devitt noted that only some of the fees will be increased. Commissioner Devitt moved and Vice -Mayor Orthwein seconded to adopt Resolution No. 011 -7. There was no discussion. All voted AYE. 3. Resolution No. 011 -8; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, WHICH SUPERSEDES RESOLUTION NO. 009 -4, ESTABLISHING FEES FOR THE PROCESSING AND REVIEW OF APPLICATIONS FOR BUILDING PERMITS, PROVIDING FOR THE RECOVERY OF COSTS ASSOCIATED WITH THE PROCESSING Regular Meeting and Public Hearing Town Commission - April 8, 2011 Page 7 OF SAID APPLICATIONS, PROVIDING FOR A WAIVER OF SUCH FEES AND EXPENSES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Clerk Taylor read Resolution No. 011 -8 in title, presented for adoption this 8th day of April, 2011. Vice -Mayor Orthwein moved and Commissioner Anderson seconded to adopt Resolution No. 011 -8. There was no discussion. All voted AYE. O C. Bid Award; Surveying for the Overhead Undergrounding Project Danny Brannon of Brannon & Gillespie Engineering gave an update on the project status and the results of the Surveying and Mapping RFP responses. Mr. Brannon referred to budget projections, explaining that it includes the original project cost estimate and the costs and expenditures to date, which are current as of the end of March, 2011. He said current commitments, which are still outstanding, are noted at the bottom of Page 2 of the handout. Mr. Brannon said the project will be done in two phases, South End Phase and North End Phase, starting with the South End. They will create detail project schedules and cash flow plans and make a list of everything that needs to be done. They will obtain a layout of the roads and a background from a surveyor in order to create a detailed design and engage utility workers. There are various items that involve surveyors such as title searches, easements, locating pad sites and removing vegetation. Mr. Brannon said their plan is to acquire a pool of continuing services contracts, develop and execute specific scopes of work and get proposals and, as the Commission previously authorized, RFPs went out and 13 responses were received. He explained that the firms were ranked by qualifications, experience, resources and proximity to the work site and announced the three (3) highest ranked firms, as follows: Avirom & Associates, Boca Raton; Betsy Lindsay, Tequesta; and, Miller Legg, West Palm Beach. Mr. Brannon said there are timeframes involved with the different services required for this project and they would like to begin executing continuing services contracts with these three providers because they offer the necessary flexibility. Mr. Brannon stated that the RFP process was not for bids, the RFP was a qualifications proposal. He said his firm is aware of CCNA issues for professional services and they are working with Mr. Randolph to ensure compliance with CCNA requirements. Mr. Brannon said it clearly understood that CCNA requirements do not allow you to require contractors to compete on price against each other. CCNA also states �) that when you rank providers you must offer the top- ranked provider the opportunity to do the work and after a provider is selected you can negotiate price. Mr. Brannon explained that if you cannot negotiate a reasonable price with the top- ranked provider you then move on to the next. He said a process will be in place and when the continuing services contracts go out, providers will include their rate schedule. Commissioner Devitt asked how much work has been done for them by the top- ranked firm. Mr. Brannon said they used two different surveyors, but the top- ranked firm did most of the work. Mayor Koch asked if the providers ever go over their bid price. Mr. Brannon said they typically do not. Regular Meeting and Public Hearing Town Commission - April 8, 2011 Page 8 Mr. Brannon said he would like a motion authorizing the Town to enter into continuing services contracts with the three top- ranked providers after the contracts have been reviewed and approved by the Town Attorney for legal sufficiency. He said that continuing services contracts only authorize a working relationship with providers, not money to be spent. Mr. Thrasher recommended that the motion also authorize the Mayor to O execute contracts after approval for legal sufficiency. Vice -Mayor Orthwein moved and Commissioner Anderson seconded to approve the Town entering into continuing services contracts with the top three firms and authorizing the Mayor to execute the contracts following review and approval by the Town Attorney for legal sufficiency. There was no discussion. All voted AYE. Mr. Brannon asked for clarification that $50,000 has been allocated for the survey work and that no further allocation of funds is required until such time they find that they need additional funds, which they do not anticipate for a while. Mr. Thrasher said that at their last meeting the Commission allocated $50,000 for the survey work and $100,000 for project management. He said they do not have to come back to the Commission for additional funds unless they find that they will exceed the $150,000. Vice -Mayor Orthwein said she would like to see some figures from time to time in order to monitor where we are financially, specifically when coming in under budget. Mr. Brannon said he would provide that information at each Commission Meeting and will include a timeframe. Mayor Koch asked Mr. Brannon if they are running on time and Mr. Brannon said they are somewhat behind due to the annexation process. He said they submitted their first invoice to the Town in March of 2010. D. Items by Mayor & Commissioners There were no items by the Mayor or Commissioners. E. Reorganization. 1. Election of a Mayor Vice -Mayor Orthwein moved and Commissioner Devitt seconded to elect William F. Koch, Jr. as Mayor. There was no discussion. All voted AYE. 2. Election of a Vice Mayor Commissioner Devitt moved and Commissioner Anderson seconded to elect Joan Orthwein as Vice - Mayor. There was no discussion. All voted AYE. 3. Appointment of 1 Alternate Member on ARPB Clerk Taylor announced that ARPB Alternate Member William Coleman has resigned and a new Alternate Member must be appointed. She said there have been no letters of interest to date. Mayor Koch asked the Commission to think of candidates before the next meeting. F. Designation of Voting Delegate & Alternates- P.B.C. League Clerk Taylor stated that, in the past, the Mayor has been appointed as the voting delegate and the Commissioners and Town Manager as alternates. Commissioner Anderson moved and Vice -Mayor Orthwein seconded to approve the Mayor as the voting delegate and the Commissioners and Town Manager as alternates. There was no discussion. All voted AYE. Regular Meeting and Public Hearing Town Commission - April 8, 2011 Page 9 X. Public. Marcie Oppenheimer Nolan of Becker & Poliakoff introduced herself and said she was here to represent the Gulf Stream Shores Association (the Association). She said she has been working with the Town Manager and has sent letters to the Commissioners for their information. Ms. Nolan pointed out that members from the Association are present and have O started to attend Commission meetings and are taking a more active roll in neighborhood association meetings as well. She said she is here to talk about the undergrounding issue and stressed that the Association believes it is a wonderful thing for the Town and is not opposed to it. Ms. Nolan said there are no commercial entities in Gulf Stream, but there are many multi - family units, all of which are located on one parcel of land, and there are single family homes, some community facilities and Town Hall. She said she has been working with the Town Attorney and the Town's special outside counsel on methodology and assessment for multi - family units and has asked the Town Manager to have the consultants go back and look at how they are treating multi - families concerning the safety and esthetic benefits to be sure it is a reasonable and fair assessment for all property owners in Gulf Stream. Ms. Nolan said she is aware that the Commission has not had a methodology meeting yet and realizes it will be part of the presentation when they go forward to adopt the ordinance. She said if anyone would like to contact her or meet with her, she would be happy to talk about specific concerns. Mayor Koch said her comments have been noted. Mr. Gene Jankowski, President of the Golfview Club Association at 3883 Gulfstream Rd., said he would like to ratify Ms. Nolan's comments. He said they support the undergrounding and believe it is a great concept for the Town, but they have a problem with their assessments. Mr. Jankowski said that most properties have an assessment of about $8,000, but their property has an assessment of about $10,500 per unit, with one unit being only 640 SF, and they do not understand the process. He also asked that the Town take another look at the assessment process. Mr. Jim Walton, a resident on Banyan Rd., said the demographics of Gulf Stream have changed and he loves living here and seeing young people with children. He said the Civic Association met in Chambers recently with about 50 residents present, and they talked about three issue; one concerning communication and two concerning safety. The first safety O issue concerns golf carts and the danger they present to young children and he suggested that the Town should take steps to avoid these dangers before there is a serious incident. Mr. Nolan said the second safety issue concerns the property at 4110 County Rd. which also presents danger to young children and anyone walking or driving through that area. He said residents are concerned for children on skateboards that could slip down the embankment because there is no fencing, which was supposed to be installed, and they are concerned that vehicles at the bottom of the driveway will have to race up into the street because of the unusual incline and possibly hitting another vehicle or someone walking or skateboarding. Finally, Mr. Nolan suggested that the Town find a better way of informing residents of meetings, other than the Regular Meeting and Public Hearing Town Commission - April 8, 2011 Page 10 bulletin board outside the Town Hall entrance, and recommended creating a website. With regard to the property at 4110 County Rd., Mayor Koch asked if an engineer had certified that the slopes of the property are in compliance with Town Code. Mr. Thrasher said there are engineering certifications on drainage, but not on the driveway because zoning does not require it. O Palm Beach County building regulations on single family homes do not require it and egress / ingress is left up to the property owner. Mr. Thrasher said it was a condition of approval to have survey information every 20 feet, requiring the existing slope of the property to be recorded pre- construction and recorded on both the north and south sides of the property line every 20 feet. He said he will ask the surveyor to come back when the project is ready for a Certificate of Occupancy (C /O) to certify that what previously existed still exists. Mr. Thrasher said there are electric gates at both north and south entrances and pillars and walls that are indicated on drawings, all of which must be installed before issuing a C /O. Engineers have confirmed that the south wall is solid rock and a retainer wall will not be required above ground, however a wall is to be installed north of the cut for the purpose of installing planters. Mr. Thrasher said there have been conversations since the Civic Association meeting with the Town Attorney, Palm Beach County and the building contractor, and he made it clear that a C/O would not be signed by the Town Manager until the gates, pillars and walls are installed. He said staff has reviewed all drawings and plans as a refresher and the project is a couple of weeks away from final inspection. He added that it is the contractor's right to come back to the Commission to have the gates removed. Mrs. Nancy Wibblesman, a Town resident, expressed her concerns about the steep incline of the property and that there has been no fencing around the perimeter during construction. She said it would be easy for anyone walking or driving too close to the perimeter to roll off the edge of the property and suggested that the Town confirm it is what was approved and have a fence installed while work is in progress. She added that Delray Beach has driveway grade requirements and Palm Beach County does not and recommended that the Town look at Delray's requirements and adopt them. Mr. Thrasher stated that the Town is aware of Delray's driveway code and now that the City of Delray Beach does the permitting and inspections for the Town, those codes, building regulations and engineering requirements are now those of Gulf Stream. He said this particular home was permitted by Palm Beach County and the inspection �J were, and still are, under the authority and review of Palm Beach County. Although this does not help in this situation, it was allowable and the contractor /owner could argue that he had the right to build the way it is. Mr. Scott Fogarty, the resident to the south of the subject property, stated that he purchased his property in January, 2010 while the subject property was under construction. It was a source of significant concern, but they were told the construction would be complete by April, 2010. He said prior to purchasing their home they spent a lot of time reviewing the approved plans which directed them to an independent O O Regular Meeting and Public Hearing Town Commission - April 8, 2011 Page 11 engineering review and requirement for a retaining wall on the south side of that property. Mr. Fogarty said they could not locate those plans either at Town Hall or with Palm Beach County. He said he expected a retaining wall to be in place and he is concerned for the safety and security of his family, guests and residents. Mr. Fogarty asked what the Town can do to enforce compliance with standards during the construction period. Mr. Thrasher suggested that Mr. Fogarty should do whatever he must to provide safety and security for his family and property and suggested that he speak to his own attorney. He said the Town is in the process of reviewing everything they have authority over. He added that when it is time to issue the C/0 the Town can validate that what was proposed to be built was built through as- builts and engineering certifications. Mr. Fogarty asked, what if the improvements are completed a decade from today? Mr. Thrasher said the contractor continues to ask for periodic inspections, which gives length to the permit, but the present condition of the timing of permits and inspections is not in violation of Palm Beach County's building regulations. Everyone knows who the builder is and he has worked and lived in Gulf Stream, but the owner is a Highland Beach resident. Mr. Fogarty's mother, Mrs. Betsy Fogarty, expressed her concerns about the destruction of the coral ridge and erosion problem and the fact that the retaining wall on the south property line will not be above ground. Mrs. Fogarty also mentioned that a fence was installed during construction, but it would not hold and it was not replaced. Mrs. Wibblesman said she is from California and her hometown had regulations to protect residents, pets and workers during site construction. She asked if the Town could put up a fence at 4110 County Rd. to remain until construction is complete and asked if the Commission could vote on that at their next Commission Meeting. Mayor Koch said any questions concerning these issues should be directed to the Town Attorney. He said the Town will consult Mr. Randolph and Palm Beach County concerning a remedy for this matter. XI. Adjournment. Commissioner seconded to adjourn the meeting. apprgx'im )ately 10:20 A.M. nail u. Hnoa.ie l Administrative Assistant Devitt moved and Commissioner Anderson The meeting was adjourned at NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on Thursday, April 28, 2011 at 8:30 A.M., and the Town Commission will hold a Public Hearing on Friday, May 13, 2011 at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application submitted by George Brewer, Brewer Architecture, Inc., agent for William Binnie , owner of property located at 1314 N. Ocean Blvd., Gulf Stream, Florida, legally described as Lots 4, 4A, 5 and 5A, Donald B. McLouth Subdivision, for the following: LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to demolish 1,378 sq. ft. of existing home and a 48 sq. ft. outbuilding; construct a cabana and an addition to the existing Gulf Stream Bermuda style home, a total of 3,215 sq. ft., and a 762 sq. ft. 2 car garage; relocate swimming pool; relocate and add landscape material. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application at the meetings noticed above. These meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The complete application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Architectural Review and Planning Board and the Town Commission of the Town of Gulf Stream at the times and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated: March 21, 2011 TOWN OFFS GULF STREAM, FLORIDA 9 .f 0. Rita L. Taylor, Clerk NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Hearing on Thursday, A Commission will hold a 9:00 A.M., both in the Cj Sea Road, Gulf Stream, considered: Town of Gulf Stream will hold a Public pril 28, 2011 at 8:30 A.M., and the Town Public Hearing on Friday, May13, 2011 at Commission Chambers of the Town Hall, 100 Florida, at which the following will be An application submitted by Mark Marsh, Bridges, Marsh & Associates, Inc., agent for Mr. & Mrs. James Davis, owners of property located at 554 Palm Way, Gulf Stream, Florida, legally described as Lot 1 & West 41 ft of Lot 2, Gulf Stream Cove Subdivision and the South 50 ft. of Lot 21, Polo Cove Subdivision, for the following: 1.SPECIAL EXCEPTION to establish waterfront minimum setback of 30 feet. 2.LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit additions consisting of 1,328 SF to the existing two story single family dwelling, the style of which will become Dutch Colonial, construction of a detached 910 SF two -story storage /guest room and a 400 SF cabana The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application at the meetings noticed above. These meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The complete application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Architectural Review and Planning Board and the Town Commission of the Town of Gulf Stream at the times and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated: April 5, 2011 T OF GULF STREZIL FLORIDA Rita L. Taylor, own Clerk NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on Thursday, April 28, 2011 at 8:30 A.M., and the Town Commission will hold a Public Hearing on Friday, May 13. 2011 at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application submitted by Bridges, Marsh & Associates, Inc. agents for Mr. & Mrs. Martin Brown, owners of property located at 2 Driftwood Landing, Gulf Stream, Florida, legally described as Lot 8 Driftwood Landing, Gulf Stream, Florida, for the following: LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to construct a two - story guest house consisting of 1,225 sq. ft. and a one -story garage consisting of 469 sq. ft., the style being consistent with the existing one -story Gulf Stream Bermuda home. There will be a new driveway cut off Driftwood Landing to access the new garage. The Architectural Review and Planning Board shall make a make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application at the meetings noticed above. The meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The complete application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Architectural Review and Planning Board and the Town Commission of the Town of Gulf Stream at the times and places aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated: April 5, 2011 TOWN ••OFFddGULF STREAM, FLORIDA Rita L. Taylor, TOO, Clerk NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Hearing on Thursday, A Commission will hold a 9:00 A.M., both in the CSea Road, Gulf Stream, considered: Town of Gulf Stream will hold a Public pril 28, 2011 at 8:30 A.M., and the Town Public Hearing on Friday, May 13, 2011 at Commission Chambers of the Town Hall, 100 Florida, at which the following will be An application submitted by Mark Marsh, Bridges, Marsh & Associates, Inc., agent for Mr.& Mrs. Steven Silverman, owners of property located at 1465 North Ocean Blvd., Gulf Stream, Florida, legally described in metes & bounds in Sec. 10, Twnshp.46 S, Range 43 E in the Town of Gulf Stream, for the following: 1.SPECIAL EXCEPTION to permit construction of a dune crossover east of the Coastal Construction Control Line. 2.LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a 4 foot wide dune crossover structure seaward of the Coastal Construction Control Line. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application at the meetings noticed above. These meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The complete application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Architectural Review and Planning Board and the Town Commission of the Town of Gulf Stream at the times and place aforesaid and be heard. �i SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated: April 7, 2011 TOWN OF GULF STREAM, FLORIDA Rita L. Taylor, Tc n Clerk