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