HomeMy Public PortalAbout08/16/2011NOTICE 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, July 28, 2011 at 8:30 A.M., and the Town
Commission will hold a Public Hearing on Tuesday, August 16, 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 Tom Laudani of Seaside Builders,
LLC as agent for Joel T. Strawn, Successor Trustee of Regina
W. Spence Revocable Trust and as Personal Representative of
the Estate of Regina W. Spence that includes property located
at 1220 N. Ocean Boulevard, Gulf Stream, Florida, legally
described as Lots 4, 5 & the northerly 92' of Lot 6 of Golf
Course Addition and Tract A of Hidden Harbour Estates
Subdivisions, Gulf Stream, Florida, for the following:
1. SUBDIVISION REVILN to permit the division of the above
described property into six (6) single family lots to be
known as Hidden Harbour Estates -Plat II Subdivision.
2. DEMOLITION PERMIT to demolish existing structures on this
property.
3. NORTH OCEAN BOULEVARD OVERLAY PERMIT to permit alterations
within this Overlay District to create three of the proposed
six lots in Hidden Harbour Estates -Plat II Subdivision.
4. LAND CLEARING PERMIT to allow excavation for installation of
drainage and utilities \easements.
S. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
subdivision of the property at 1220 N. Ocean Blvd. into 6
single family lots to be known as Hidden Harbour Estates -Plat
II.
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
O 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: July 12, 2011 TOWN OF GULF STREAM, DFLLORIDA
�E4 / 7;J
Rita L. Taylor, &n 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, July 28, 2011 at 8:30 A.M., and the Town
Commission will hold a Public Hearing on Tuesday, August 16, 2011
at 9:00 A.M., both in the Commission Chambers of the Town Hall,
O 100 Sea Road, Gulf Stream, Florida, at which the following will be
considered:
An application submitted by Jacqueline Albarran as agent for
W. L. Lyons Brown, Jr. owner of property located at 1 and 3
Driftwood Landing, legally described as Lot 11 Driftwood
Landing Subdivision, Gulf Stream, Florida, for the following:
1. DEMOLITION PERMIT to demolish 215.9 square feet of the
existing Minimal Traditional style single family dwelling.
2. SPECIAL EXCEPTION #1 to permit replacement of existing
non - conforming windows with sizes and styles of windows
that are prohibited.
3. SPECIAL EXCEPTION #2 to extend the existing non - conforming
west walls of the existing Minimal Traditional style
dwelling that encroach a maximum of 18.9 feet into the
required 30 foot rear setback.
4. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
replacement of existing non - conforming windows with
windows of a size and style that is prohibited, and to
permit additions consisting of 862.28 square feet to the
existing Minimal Traditional style single family dwelling.
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: July 14, 2011 TOWN OF GULF STREAM, FLORIDA
/ c
Rita L. Taylor, own Clerk
MAYOR:
VICE MAYOR:
COMMISSIONER
William F. Koch, Jr.
Joan K. Orthwein
Muriel J. Anderson
Fred B. Devitt III
Chris D. Wheeler
August 5, 2011
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
r \ THE TOWN OF GULF STREAM ON TUESDAY, AUGUST 16, 2011 AT 9:00 A.M.
�J IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes.
A. Public Hearing -Board of Equalization June 30, 2011
B. Regular Meeting of July 8, 2011
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. September 15, 2011 @ 4 P.M.
2. September 15, 2011 @ 5:01 P.M.- Tentative Budget Hearing
3. September 22, 2011 @ 5:01 P.M. -Final Budget Hearing
4. October 14, 2011 @ 9 A.M.
5. November to be determined
6. December 9, 2011 @ 9 A.M.
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by Jacqueline Albarran as agent
for W. L. Lyons Brown, Jr. owner of property located at 1
and 3 Driftwood Landing, legally described as Lot 11
Driftwood Landing Subdivision, Gulf Stream, Florida, for
the following:
a. DEMOLITION PERMIT to demolish 215.9 square feet of
the existing Minimal Traditional style single family
dwelling.
b. SPECIAL EXCEPTION #1 to permit replacement of
existing non - conforming windows with sizes and styles
of windows that are prohibited.
c. SPECIAL EXCEPTION #2 to extend the existing non-
conforming west walls of the existing Minimal
Traditional style dwelling that encroach a maximum of
18.9 feet into the required 30 foot rear setback.
d. LEVEL 3 ARCHITECTURAWSITE PLAN REVIEW to permit
replacement of existing non - conforming windows with
windows of a size and style that is prohibited, and
to permit additions consisting of 862.28 square feet
to the existing Minimal Traditional style single
family dwelling.
VIII. Reports.
A. Town Manager
1. Vacation Carry -over
B. Architectural Review & Planning -Board
1. Meeting Dates
a. September 22, 2011 @ 8:30 A.M.
b. October 27, 2011 @ 8:30 A.M.
c. November 17, 2011 @ 8:30 A.M.
d. December 22, 2011 @ 8:30 A.M.
e. January 26, 2012 @ 8:30 A.M.
f. February 23, 2012 @ 8:30 A.M.
AGENDA CONTINUED
C. Finance Director
1. Financial Report for July 2011
2. Water Usage as of July 31, 2011
D. Police Chief
1. Activity for July 2011
^ IX. Items for Commission Action.
�) A. Improvements to the Place Au Soleil Entrance
B. ORDINANCE NO. 011/3; An ordinance of the Town Commission of
the Town of Gulf Stream, Palm Beach County, Florida,
rescinding Ordinance No. 009/7 which amended the Town Code of
Ordinances at Chapter 26, Offenses, to include a new Section
26 -4, titled Discharge of Firearms; providing for
severability; providing for repeal of ordinances in conflict;
providing for codification; providing an effective date.
(First Reading)
C. RESOLUTION NO. 011 -13; A Resolution of the Town Commission of
the Town of Gulf Stream, Florida urging the Governor of
Florida, the Florida Legislature and the Florida Department
of Corrections to prevent the closure of Glades Correctional
Institute in the City of Belle Glade, Florida; providing an
effective date; and for other purposes.
D. Items by Mayor & Commissioners
X. Public.
XI. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID
PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY
NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE BASED. F.S.S. 286.0105
O
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON TUESDAY, AUGUST 16, 2011 AT
9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD,
GULF STREAM, FLORIDA.
I. Call to Order. The meeting was called to order by Mayor Koch at
9:00 A.M.
II. Pledge of Allegiance. The Pledge of Allegiance was led by the
Mayor.
III. Roll Call.
Present and
Participating
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
Mark Marsh of Bridges,
Marsh & Associates
Jacqueline Albarran of
SKA Architects
Ned McDonald
Mayor
Vice -Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Clerk
Police Chief
Consult /SKA Architects
Agent /Brown
Place Au Soleil HOA
A. Public Hearing -Board of Equalization June 30, 2011
B. Regular Meeting of July 8, 2011
Vice -Mayor Orthwein moved and Commissioner Anderson seconded to approve
the Minutes of both the Public Hearing -Board of Equalization of June 30,
2011 and the Regular Meeting of July 8, 2011. 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. September 15, 2011 @ 4 P.M.
2. September 15, 2011 @ 5:01 P.M.- Tentative Budget Hearing
3. September 22, 2011 @ 5:01 P.M. -Final Budget Hearing
4. October 14, 2011 @ 9 A.M.
5. November to be determined
6. December 9, 2011 @ 9 A.M.
Clerk Taylor said the November Regular Meeting and Public Hearing of the
Town Commission falls on Veteran's Day and will have to be rescheduled.
It was the consensus of the Commissioners to reschedule the November
Commission Meeting for Thursday, November 10, 2011 at 9:00 A.M.
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by Jacqueline Albarran as agent
Regular Meeting and Public Hearing
Town Commission - August 16, 2011 Page 2
for W. L. Lyons Brown, Jr. owner of property located at 1
and 3 Driftwood Landing, legally described as Lot 11
Driftwood Landing Subdivision, Gulf Stream, Florida, for
the following:
a. DEMOLITION PERMIT to demolish 215.9 square feet of
O the existing Minimal Traditional style single family
dwelling.
b. SPECIAL EXCEPTION #1 to permit replacement of
existing non - conforming windows with sizes and styles
of windows that are prohibited.
c. SPECIAL EXCEPTION #2 to extend the existing non-
conforming west walls of the existing Minimal
Traditional style dwelling that encroach a maximum of
18.9 feet into the required 30 foot rear setback.
d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
replacement of existing non - conforming windows with
windows of a size and style that is prohibited, and
to permit additions consisting of 862.28 square feet
to the existing Minimal Traditional style single
family dwelling.
Clerk Taylor asked for disclosure of any ex -parte communication
concerning this matter. There were no disclosures. She administered
the Oath to Mark Marsh, Jackie Albarran and Ned McDonald.
Mr. Marsh said that upon recommendation of the Town Commission, this
application was heard by the Architectural Review and Planning Board
(ARPB) as a special exception and the ARPB unanimously recommended
approval of all four aspects of the application. Mr. Marsh displayed
photographs taken from the interior of the home through windows looking
out across the waterway to the preserve which the Browns own, explaining
that the view is the fundamental reason for the proposed four picture
windows. He said the proposed demolition is minimal and the special
exceptions are commonly requested. With regard to the Level III
Architectural /Site Plan, Mr. Marsh explained that the home currently has
four types of fenestration and the Browns would like the fenestration to
be more uniform. Similar fenestration improvements will be made to the
Penthouse Garage, upgrading to impact glass. He said the swimming pool
will be changed to rectangular shape and the deck will be modified. In
closing, Mr. Marsh said the Brown Family is proposing these improvements
i� to preserve the charm of the property. He said the only other changes
will be the exterior paint color, which will be Sea Foam Green, and the
roof will be white.
Commissioner Wheeler said that the ARPB is empowered to review
applications and make recommendations to the Commission and, unless he
totally disagrees with ARPB, he is inclined to go with their
recommendations. He said this residence could easily be demolished and
replaced by a larger structure which would conform to Code, but he
believes the quaint nature of this structure warrants some flexibility
on the part of the Commission. Commissioner Devitt asked if the ARPB
Regular Meeting and Public Hearing
Town Commission - August 16, 2011 Page 3
discussed the requirement of a variance. Mr. Thrasher said they did
not. Commissioner Devitt agreed with Commission Wheeler and
Commissioner Anderson said she believes this is a variance and if the
application came to the Commission as a variance she would say yes.
Vice -Mayor Orthwein and Commissioner Wheeler did not agree.
Commissioner Wheeler moved and Commissioner Devitt seconded to approve a
Demolition Permit as recommended by the ARPB. There was no discussion.
Roll Call: Commissioner Devitt, AYE; Commissioner Anderson, NO;
Commissioner Wheeler, AYE; Vice -Mayor Orthwein, AYE; Mayor Koch, AYE.
The motion passed 4 - 1. Commissioner Wheeler moved and Vice -Mayor
Orthwein seconded to approve a Special Exception for the replacement of
existing non - conforming windows as recommended by the ARPB. There was
no discussion. Roll Call: Commissioner Devitt, AYE; Commissioner
Anderson, NO; Commissioner Wheeler, AYE; Vice -Mayor Orthwein, AYE; Mayor
Koch, AYE. The motion passed 4 - 1. Commissioner Wheeler moved and
Vice -Mayor Orthwein seconded to approve a Special Exception to extend
the existing non - conforming west walls of the existing structure as
recommended by the ARPB. There was no discussion. Roll Call:
Commissioner Devitt, AYE; Commissioner Anderson, NO; Commissioner
Wheeler, AYE; Vice -Mayor Orthwein, AYE; Mayor Koch, AYE. The motion
passed 4 - 1. Commissioner Wheeler moved and Vice -Mayor Orthwein
seconded to approve the Level III Architectural /Site Plan as recommended
by the ARPB. There was no discussion. Roll Call: Commissioner Devitt,
AYE; Commissioner Anderson, NO; Commissioner Wheeler, AYE; Vice -Mayor
Orthwein, AYE; Mayor Koch, AYE. The motion passed 4 - 1.
Commissioner Wheeler said he affirms what the ARPB said about the effort
staff put into this application and he appreciates their work.
VIII. Reports.
A. Town Manager
Mr. Thrasher gave a brief update on the financing for the Undergrounding
Project and said he discussed the matter with the financial advisor and
project engineer and they believe it would be best to hold off on the
financing as long as possible to avoid having to pay any capitalized
interest. He said the financial advisor does not recommend a bond
because it is too expensive, and it will be a 10 -year financing plan
C) versus a 20 -year financing plan. Mr. Thrasher estimated that it will be
sometime in January or February when he will bring a recommendation or
an option for discussion back to the Commission concerning the
financing. In the interim he will come to the Commission with a request
for an additional $60,000 from the Fund Balance to fund the next stages
of the project to get through to January or February, and that money
will be recoverable when financing is secured.
1. Vacation Carry -over
Mr. Thrasher said this is a follow -up item from the previous meeting and
he is asking for a waiver of the current personnel policy as it relates
to vacation carry -over. He said the Town Clerk submitted a letter to
him referencing remaining vacation days for herself and Linda Harvel and
Regular Meeting and Public Hearing
Town Commission - August 16, 2011 Page 4
it appears to be somewhat impossible for either of them to meet the
requirements of the personnel policy. Linda Harvel has 12 14 unused
vacation days and Rita Taylor has 12 unused vacation days as of the date
of the letter and he is requesting that they be allowed to roll that
amount over into the following year. Vice -Mayor Orthwein asked Mr.
Thrasher if this is a one -time request and Mr. Thrasher confirmed that.
Commissioner Wheeler asked what the current policy allows and Mr.
Thrasher said five (5) days can be rolled over and, therefore, he is
requesting that they each be allowed to roll over an additional 7 days.
Vice -Mayor Orthwein said there was a lot of additional work generated by
the attorneys representing the Town and the Condominium HOAs concerning
the Undergrounding Project. Commissioner Devitt asked if this waiver is
to give employees an extension of time to use remaining vacation days
and Commissioner Wheeler asked how long the extension would be. Mr.
Thrasher said he was asking for a waiver of the policy and did not apply
a time limit. Vice -Mayor Orthwein asked if six (6) months would be
enough time to use remaining days. Clerk Taylor said 6 months would be
enough time. Vice -Mayor Orthwein moved and Commissioner Anderson
seconded to approve a waiver of the personnel policy pertaining to
vacation carry -over for this fiscal year only and to allow for a period
of 6 months for the use of remaining vacation days. There was no
discussion. All voted AYE.
Commissioner Wheeler asked why a budget discussion was not included in
this Agenda and said that at the previous Commission Meeting he asked
Mr. Thrasher to come back with a schedule showing where we are to date
and where we will be if we continue spending at the same rate. He said
he flew in for this meeting thinking there would be a budget discussion,
but he plans to be present at the next meeting if staff was not prepared
to discuss the proposed budget at this time. Mr. Thrasher said he was
prepared, but nothing has changed and he did not print the material for
this meeting; however, he would do so if the Commission would like a
budget discussion. Commissioner Anderson said that was why they changed
the meeting date. Commissioner Wheeler said he thought staff was going
to address some questions at this meeting. Clerk Taylor said staff did
not receive questions in writing from the Commissioners to be addressed
at this meeting. Commissioner Wheeler said a budget discussion at the
September meeting will be fine. Clerk Taylor reminded the Commissioners
that the Regular September Meeting is scheduled for Thursday, September
O 15th at 4:00 P.M. with the first budget hearing to follow at 5:01 P.M.
B. Architectural Review & Planning Board
1. Meeting Dates
a. September 22, 2011 @ 8:30 A.M.
b. October 27, 2011 @ 8:30 A.M.
c. November 17, 2011 @ 8:30 A.M.
d. December 22, 2011 @ 8:30 A.M.
e. January 26, 2012 @ 8:30 A.M.
f. February 23, 2012 @ 8:30 A.M.
There was no discussion.
Regular Meeting and Public Hearing
Town Commission - August 16, 2011 Page 5
C. Finance Director
1. Financial Report for July 2011
Mr. Thrasher requested that the Financial Report for July 2011 be
approved as submitted. Commissioner Anderson moved and Vice -Mayor
Orthwein seconded to approve the Financial Report for July 2011. There
G was no discussion. All voted AYE.
2. Water Usage as of July 31, 2011
Vice -Mayor Orthwein commented on an article in the Coastal Star
concerning the quality of the water in the Town of Gulf Stream and 9
other municipalities. She said tasters sampled the water in 10
municipalities, including the Town of Gulf Stream which was rated 10th
out of 10. Mayor Koch said he wrote a letter to the Mayor of the City
of Delray Beach wherein he mentioned recent water issues experienced by
the Town. Mr. Thrasher said the letter was not specifically about the
quality of water and there has been no response to date. Commissioner
Devitt said he is more concerned about the water quality and not the
taste. Vice -Mayor Orthwein suggested the Town address this matter with
the City of Delray Beach. Mr. Thrasher said Staff will do so as soon as
a response to Mayor Koch's letter is received.
D. Police Chief
1. Activity for July 2011
Chief Ward requested that the Activity Report for July 2011 be accepted
as submitted. Commissioner Anderson asked how the muzzled dog situation
was going and Chief Ward said it is working very well. The Activity
Report for July 2011 was accepted as submitted.
IX. Items for Commission Action.
A. Improvements to the Place Au Soleil Entrance
Mr. Thrasher said Ned McDonald, an officer of the Place Au Soleil HOA
will present this project to the Commission. He said the Town Manager's
Memorandum to the Mayor and Commissioners outlining some of the
important factors leading up to this presentation, which covers about 14
months, was included in the meeting packet. Mr. Thrasher summarized
other materials distributed to the Commissioners, including photos of
damaged curbs at the entrance of Place Au Soleil, a color rendering of
the proposed entrance, a rendering of the proposed changes to the Guard
House and a dimensional drawing of the actual proposed right -of -way. He
said the HOA is requesting Commission approval to modify the entrance of
Place Au Soleil and they are asking the Commission for up -front funding
C of the project in the amount of $87,000 which will be reimbursed with
assessments collected from homeowners. Mr. Thrasher commended Mr.
McDonald and Julio Martinez, President of the HOA Board, for their
efforts and the work they put into this project.
Ned McDonald introduced himself saying he has lived at 2538 Avenue Au
Soleil since 1996. He said when he joined the HOA Board and began
talking to other homeowners he started noticing the broken curbs, which
are now in serious disrepair. The curbs have been continuously damaged
by all types of large trucks making the turn into the entrance while
attempting to avoid hitting the guard house overhang, and over the years
Regular Meeting and Public Hearing
Town Commission - August 16, 2011
Page 6
they have made many repairs to both the curbs and guard house roof. He
said about two years ago they learned about the future 24/7 WalMart to
be located across the highway and became concerned about security, and
in March of 2010 they began their effort to develop this project to
present to their Community.
Mr. McDonald said homeowners were advised of the project through
newsletters, they held a meeting on July 25, 2010 where they announced
an assessment for the project and, between attendees and proxies, they
drew 90% in favor of expending up to $87,000 on just the hardscape,
which includes the curbs, the road and the underlay of the road. He
said as soon as they made the commitment, the HOA engaged the Town
Manager, Urban Design Kilday Studios, Harvel Utilities, O'Brien, Ingle
for a survey, Schnars Engineering to obtain spec drawings, FP &L for a
pole removal, and Mathews Consulting, all for the purpose of preparing a
bid document with cost estimates to take to the Town. The HOA met with
Town Staff, they went before the ARPB three days later and the ARPB
unanimously endorsed this project to bring before the Commission.
Mr. McDonald said the project involves moving the lanes away from the
guard house to avoid the hitting the curbs and guard house overhang. He
said the HOA met with Chief Ward for guidance concerning the security
cameras at the guard house and they believe they will have a top notch
system in place. Mr. McDonald said they had new landscaping done in
2005 and 95% of the landscaping will not be touched; however, they will
add plantings around the guard house. In closing, Mr. McDonald said the
front entrance of Place Au Soleil will be elegant and fitting for the
Town of Gulf Stream.
Mayor Koch asked how much money they have raised for the project. Mr.
McDonald said that prior to the Notice going out 15 homeowners have paid
the discounted $750.00 assessment for this project. If the Commission
gives their approval, the Notice will go out to all homeowners on August
17th and they estimate that 50% of the homeowners will pay immediately
at the discounted rate of $750.00 and the remainder will pay on a
quarterly installment basis. The assessments collected will be used to
reimburse the Town for the up -front funding.
Commissioner Devitt asked if the 90% who approved were aware of an
O assessment and Mr. McDonald said they were informed about the assessment
twice before the vote. Commissioner Wheeler asked if it is a voluntary
assessment and Mr. McDonald said it is not voluntary and if a homeowner
does not pay the assessment a lien will be placed on their property.
Commissioner Devitt asked about the curbs and Mr. Thrasher explained
that the curbs around the guard house will be normal at 2 to 2 14 feet
from the drip edge of the existing roof and, on the perimeter edge of
the entrance they will be reinforced mountable curbs. Mr. Thrasher said
purpose of requesting a loan from the Town is so they begin sooner to
capitalize on the lower cost of construction. Commissioner Devitt asked
how this project relates to the future WalMart. Mr. Thrasher said a lot
of information indicates that a 24/7 WalMart facility attracts crime.
Regular Meeting and Public Hearing
Town Commission - August 16, 2011 Page 7
Mr. McDonald said this project will dress up the front of the property,
but it also addresses their security issues. He said the plan is for
the new security cameras to capture license plates and pedestrians,
which will discourage uninvited guests to enter the property.
O Mr. Thrasher commented on the financing of the project, as follows: The
Place Au Soleil HOA has some savings that will be available for this
project in the event they do not receive enough money through the
assessments; in the Town's proposed budget there is $10,000 allotted as
a contribution to this project; the Gulf Stream Civic Association has
committed $7,500 to the project; and, the HOA Officers have agreed to
forfeit the annual reimbursement from the Town of Gulf Stream in the
amount of $2,500 toward their maintenance and grounds keeping in their
right -of -way until the Town is fully reimbursed for the up -front
funding.
Mayor Koch said that Place Au Soleil is a part of Gulf Stream and he is
100% for this project. Commissioner Anderson said she went over the
numbers with the HOA Treasurer and what they are proposing is secure.
Commissioner Wheeler moved and Commissioner Anderson seconded to allow
the modification of the Place Au Soleil right -of -way, to commit $10,000
in the 2011/2012 Budget to the Place Au Soleil project, which will not
be reimbursed to the Town, and to extend a loan to the Place Au Soleil
HOA for up -front funding of this project in an amount not to exceed
$90,000 from unappropriated funds, which is to be reimbursed to the
Town. There was no discussion. All voted AYE.
Julio Martinez, President of the Place Au Soleil HOA, thanked the Mayor
and Commissioners for their support.
B. ORDINANCE NO. 011/3; An ordinance of the Town Commission of
the Town of Gulf Stream, Palm Beach County, Florida,
rescinding Ordinance No. 009/7 which amended the Town Code of
Ordinances at Chapter 26, Offenses, to include a new Section
26 -4, titled Discharge of Firearms; providing for
severability; providing for repeal of ordinances in conflict;
providing for codification; providing an effective date.
(First Reading)
Clerk Taylor read Ordinance No. 011/3 in title, presented on first
reading this 16th day of August, 2011. Chief Ward explained that the
O State has taken over total control of firearms, stripping municipalities
and counties from having their own ordinances in that respect. He said
many municipalities are unhappy about it and there could be some
litigation in the future. Chief Ward said that any law enforcement
officer that attempts to enforce a City ordinance is at risk and can be
arrested and fined. He said there has never been a law like this in
Florida. Vice -Mayor Orthwein moved and Commissioner Anderson seconded
to approve Ordinance No. 011/3 on first reading. There was no
discussion. All voted AYE.
C. RESOLUTION NO. 011 -13; A Resolution of the Town Commission of
the Town of Gulf Stream, Florida urging the Governor of
Regular Meeting and Public Hearing
Town Commission - August 16, 2011 Page 8
Florida, the Florida Legislature and the Florida Department
of Corrections to prevent the closure of Glades Correctional
Institute in the City of Belle Glade, Florida; providing an
effective date; and for other purposes.
Clerk Taylor read Resolution 011 -3 in title, presented for adoption this
16th day of August, 2011. She said the League of Cities is encouraging
municipalities to apply pressure to keep the facility open because of
the potential loss of 500 jobs in the City of Belle Glade. Commissioner
Wheeler moved and Commissioner Anderson seconded a motion against the
adoption of Resolution No. 011 -3. There was no discussion. Roll Call:
Commissioner Devitt, NO; Commissioner Anderson, AYE; Commissioner
Wheeler, AYE; Vice -Mayor Orthwein, AYE; Mayor Koch, AYE. The motion
passed 4 - 1.
D. Items by Mayor & Commissioners
There were no items by the Mayor or Commissioners.
X. Public. There were no items by the Public.
XI. Adjournment.
seconded to adjourn
AYE. The meeting w
Commissioner Devitt moved and Vice -Mayor Orthwein
the meeting. There was no discussion. All voted
s adjourned at approximately 10:00 A.M.
Administrative Assistan
PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Commission of the Town of Gulf
Stream, Florida, at a public hearing to be held on Thursday, September
22, 2011, at 5:01 P.M., in the Commission Chambers of the Town Hall, 100
Sea Road, Gulf Stream, Florida, will have on the agenda the adoption of
the following:
ORDINANCE NO. 011/4; AN ORDINANCE OF
THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, PALM BEACH COUNTY, FLORIDA,
ADOPTING THE GENERAL FUND FINAL MILLAGE
RATE FOR THE TOWN OF GULF STREAM FOR
FISCAL YEAR COMMENCING OCTOBER 1, 2011
AND ENDING ON SEPTEMBER 30, 2012.
ORDINANCE NO. 011/5; AN ORDINANCE OF THE
TOWN COMMISSION OF THE TOWN OF GULF STREAM,
PALM BEACH COUNTY, FLORIDA, ADOPTING THE
GENERAL FUND BUDGET FOR THE TOWN OF GULF
STREAM FOR THE FISCAL YEAR COMMENCING
OCTOBER 1, 20011 AND ENDING ON SEPTEMBER 30,
2012.
ORDINANCE 011/6; AN ORDINANCE OF THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM, PALM
BEACH COUNTY, FLORIDA, ADOPTING THE WATER
FUND BUDGET FOR THE TOWN OF GULF STREAM FOR
THE FISCAL YEAR COMMENCING OCTOBER 1, 2011
AND ENDING ON SEPTEMBER 30, 2012.
The proposed ordinances noticed here are available to the public on
weekdays at the Town Hall, 100 Sea Road, Gulf Stream, Florida between
the hours of 9:00 A.M. and 4:00 P.M.
ALL PERSONS INTERESTED IN THESE MATTERS may appear before the Town
Commission at the time and place aforesaid and be heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC HEARING,
SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE,
MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. 286.0105, F.S.S.
Publish: Palm Beach Post
Date: September 12, 2011
TOWN OF GULF STREAM, FLORIDA
QI&Z
Rita L. Taylor, To Clerk
THE PALM BEACH POST
Published Daily and Sunday
West Palm Beach, Palm Beach County, Florida
I PROOF OF PUBLICATION I
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Ellen Sanita, who on oath
says that she is Call Center Revenue Manager of The Palm Beach Post, a daily
and Sunday newspaper, published at West Palm Beach in Palm Beach County,
Florida; that the attached copy of advertising for Notice in the matter
Ordinances 011/4 011 15 & 011/6 was published in said newspaper in the issues
of September 12, 2011. Affiant further says that the said The Post is a
newspaper published at West Palm Beach, in said Palm Beach County, Florida,
and that the said newspaper has heretofore been continuously published in said
Palm Beach County, Florida, daily and Sunday and has been entered as second
class mail matter at the post office in West Palm Beach, in said Palm Beach
County, Florida, for a period of one year next preceding the first publication of
the attached copy of advertisement; and affiant further says that she /he has
neither paid nor promised any person, firm or corporation any discount rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper. Also published in Martin, St. Lucie and Indian
River Counties.
Sworn to and subscribed before 121h day of September, A.D. 2011,
Who is personally known to me.
(W/Imk�q
NOTARY PIJUICSTATE OF FIARIDA
" "" s Karen M. Mclinton
WCommission #DDS32672
O Expires: NOV.15, 2012
BONDED niRD AnANrIC RONDINC CO, INC.