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HomeMy Public PortalAbout10/14/2011MAYOR: VICE MAYOR: COMMISSIONER: William F. Koch, Jr. Joan K. Orthwein Muriel J. Anderson Fred B. Devitt III Chris D. Wheeler October 7, 2011 REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF O THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 14, 2011 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. YTeT'TLRi_l I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes. A. Regular meeting & Public Hearing of 9 -15 -11 B. Public Hearing- Tentative Budget of 9 -15 -11 C. Public Hearing -Final Budget of 9 -22 -11 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. October 14, 2011 @ 9 A.M. 2. November 10, 2011 @ 9 A.M. 3. December 9, 2011 @ 9 A.M. 4. January 13, 2012 @ 9 A.M. 5. February 10, 2012 @ 9 A.M. 6. March 9, 2012 @ 9 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. 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, and 6 of Golf Course Addition and Tract A of Hidden Harbour Estates Subdivisions, Gulf Stream, Florida, for the following: a. SUBDIVISION REVIEW to permit the division of the above described property into six (6) single family lots to be ]mown as Hidden Harbour Estates -Plat II Subdivision. b. DEMOLITION PERMIT to demolish existing structures on this property. C. 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. d. LAND CLEARING PERMIT to allow excavation for installation of drainage and utilities \easements. e. 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 ]mown as Hidden Harbour Estates -Plat II. VIII. Reports. A. Town Manager AGENDA CONTINUED B. Architectural Review & Planning Board 1. Meeting Dates a. October 27, 2011 @ 8:30 A.M. b. November 17, 2011 @ 8:30 A.M. C. December 28, 2011 @ 8:30 A.M. d. January 26, 2012 @ 8:30 A.M. e. February 23, 2012 @ 8:30 A.M. C. Finance Director 1. Financial Report for September 2011 2. Water Usage as of 9 -30 -11 D. Police Chief 1. Activity for September 2011 IX. Items for Commission Action. A. Recommended Amendments to Land Development Regulations and Comprehensive Plan Re: Annexed Property -Urban Design Kilday B. Bid Award for Place Au Soleil Entrance C. 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 C MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 14, 2011 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order A.M. II. Mayor Koch called the meeting to order at 9:02 Pledge of Allegiance. The Pledge of Allegiance was led by Mayor Koch. III. Roll Call. Present and Participating Also Present and Participating William F. Koch, Jr. Joan K. Orthwein Muriel J. Anderson Fred B. Devitt, III William H. Thrasher Rita L. Taylor Garrett J. Ward John Randolph Beth -Ann Krimsky, Esq. Ruden, McClosky Marty Minor of Urban Design Kilday Studios Mayor Vice -Mayor Commissioner Commissioner Town Manager Town Clerk Police Chief Town Attorney Rep /Hidden Harbour, Plat II Town Consultant Mayor Koch announced Chris Wheeler's resignation from the Town Commission. IV. Minutes. A. Regular meeting & Public Hearing of 9 -15 -11 B. Public Hearing- Tentative Budget of 9 -15 -11 C. Public Hearing -Final Budget of 9 -22 -11 Vice -Mayor Orthwein moved and Commissioner Anderson seconded to approve the Minutes of the Regular Meeting & Public Hearing of September 15 2011 at 4:00 P.M., the Public Hearing- Tentative Budget of September 15, 2011 at 5:01 P.M. and the Minutes of the Public Hearing -Final Budget of September 22, 2011 at 5:01 P.M. There was no discussion. All voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes to the agenda. VI. Announcements. C A. Regular Meetings and Public Hearings 1. October 14, 2011 @ 9 A.M. 2. November 10, 2011 @ 9 A.M. 3. December 9, 2011 @ 9 A.M. 4. January 13, 2012 @ 9 A.M. 5. February 10, 2012 @ 9 A.M. 6. March 9, 2012 @ 9 A.M. There were no conflicts with the meeting schedule. VII. PUBLIC HEARING. Town Clerk Rita Taylor read the application for Public Hearing. Regular Meeting and Public Hearing Town Commission - October 14, 2011 Page 2 A. Applications for Development Approval 1. 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, and 6 of Golf Course Addition and Tract A of Hidden Harbour Estates Subdivisions, Gulf Stream, Florida, for the following: a. SUBDIVISION REVIEW 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. b. DEMOLITION PERMIT to demolish existing structures on this property. c. 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. d. LAND CLEARING PERMIT to allow excavation for installation of drainage and utilities \easements. e. 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. Town Attorney John Randolph stated that a situation has occurred which will delay the hearing of this application until the next scheduled Commission Meeting. He said, in addition to the absence of Commissioner Wheeler, Mayor Koch will be required to recuse himself due to a conflict of interest and Vice -Mayor Orthwein has a potential conflict because she has an active license with Mayor Koch's real estate company. As a result, there will be only two Commissioners eligible to vote which presents a lack of a quorum. Mr. Randolph said the intent of the Commission is to appoint a new Commissioner which can be done at a special meeting within the next couple of weeks and this will provide a full Commission at the November 10th Regular Meeting to hear this matter. He said due to the circumstances he recommends deferring this application until the November 10th Meeting. Mr. Randolph asked if there were any comments at this time. Beth -Ann Krimsky, Esq., of Ruden, McClosky, stated that she is here on Cbehalf of the applicant and is just hearing of this situation this morning, but they appreciate the circumstances and do not have an objection to the Town not having a quorum. Ms. Krimsky requested that the Commission set a date certain for their special meeting so that this matter will be heard on November loth. Mr. Randolph clarified that a special meeting would be for the purpose of appointing a new Commissioner only, and the application submitted by Seaside Builders would be heard at the next Regular Commission Meeting on November 10, 2011 at 9:00 A.M. Regular Meeting and Public Hearing Town Commission - October 14, 2011 Page 3 Commissioner Devitt asked if the Commission is required to have a special meeting to appoint a new Commissioner. Mr. Randolph said it would be better to hold a special meeting prior to the November 10th Regular Meeting to allow the new Commissioner enough time to review the backup for this application. Clerk Taylor asked the Commissioners if they would be available for a Special Meeting on Monday, October 24, 2011 at 9:00 A.M. There were no C) conflicts. Clerk Taylor stated for the record that a Special Meeting will take place on Monday, October 24, 2011 at 9:00 A.M. for the purpose of appointing a new Commissioner. She also stated for the record that the hearing for this application will be on the Agenda for the Regular Meeting and Public Hearing scheduled for Thursday, November 10, 2011 at 9:00 A.M. Mr. Randolph said because the Commissioners will only be voting on the deferral and not the content of this application, he recommended it be deferred by motion. Commissioner Anderson moved and Commissioner Devitt seconded to defer the subject application to the next Regular Meeting and Public Hearing scheduled for Thursday, November 10, 2011 at 9:00 A.M. There was no discussion. All voted AYE. VIII. Reports. A. Town Manager Mr. Thrasher stated that he had nothing to report, but he said Mr. Randolph wanted to comment on another matter. Mr. Randolph said Mr. Thrasher has been meeting with various representatives of other municipalities who are considering filing a Complaint for Declaratory Relief with Palm Beach County as a defendant with regard to the Inspector General ordinance which was voted on in referendum. He said this Complaint will not challenge the vote in regard to having an Inspector General, but many municipalities are concerned with the cost they may incur with regard to supporting the Office of the Inspector General. Mr. Randolph said those involved in putting this Complaint together point out that there are many alleged abnormalities in the way these costs are allocated. They point out that, initially, it was indicated that the support of the various municipalities would be voluntary and not a requirement. They believe those who voted in support of this would have relied on ordinances already in effect at the time they voted. In addition, they believe that if voters were aware that their O tax dollars would be used to support the Office of the Inspector General they may or may not have supported it. Mr. Randolph said there is also a feeling that this is a tax which is not authorized by law. He said any tax that is imposed must be authorized by the Constitution or by the Legislature of the State of Florida, and since this is not an assessment or a user fee the argument is that it is an illegal tax. Mr. Randolph said a group of municipalities have already indicated they want to be named as a plaintiff in this Complaint and they are seeking support from other municipalities. He said one municipality is bearing the entire cost and they are only seeking the support of other municipalities to join in the Complaint at no cost to them. Mr. Randolph said he is Regular Meeting and Public Hearing Town Commission - October 14, 2011 Page 4 asking the Town Commission to consider Gulf Stream joining in the Complaint and, if in favor, he would ask the Commission to make a motion to join Gulf Stream as a plaintiff in this Complaint. Commissioner Anderson moved and Commissioner Devitt seconded to have the Town of Gulf Stream join as a plaintiff in the Complaint. There was no discussion. All voted AYE. B. Architectural Review & Planning Board G 1. Meeting Dates a. October 27, 2011 @ 8:30 A.M. b. November 17, 2011 @ 8:30 A.M. c. December 28, 2011 @ 8:30 A.M. d. January 26, 2012 @ 8:30 A.M. e. February 23, 2012 @ 8:30 A.M. There were no comments. C. Finance Director 1. Financial Report for September 2011 Mr. Thrasher requested that the Financial Report be approved as submitted. Commissioner Devitt mentioned the recent discussion concerning the new tracking procedure Mr. Wheeler suggested and asked if Mr. Thrasher will be reporting quarterly. Mr. Thrasher confirmed that. Commissioner Anderson moved and Vice -Mayor Orthwein seconded to approve the Financial Report for September 2011. There was no discussion. All voted AYE. 2. Water Usage as of 9 -30 -11 Clerk Taylor stated that the Water Usage Report was included in the Commission Packet. There was no discussion. D. Police Chief 1. Activity for September 2011 Chief Ward requested that the Activity Report for September 2011 be accepted as submitted. Commissioner Anderson asked about the Welfare Check. Chief Ward said when the Police Department receives a call from a family member of an elderly resident or an agency stating they have been unable to make contact with them, the Police Department goes to the property to check on them. There was no further discussion. The Activity Report for September 2011 was accepted as submitted. IX. Items for Commission Action. A. Recommended Amendments to Land Development Regulations and Comprehensive Plan Re: Annexed Property -Urban Design Kilday Marty Minor of Urban Design Kilday Studios said his firm has been working on this project since the annexation and, following a summary of O his report he would like input and direction from the Commission. He said he will come back to the Commission for first and second readings with specific language for the Code and Comp Plan changes. Mr. Minor said they did an inventory of each of the properties in the 16.6 acres of area which was annexed into Gulf Stream from the Palm Beach County pocket and there are 102 units with 134 approved overall. They looked at surrounding land uses from various communities and they looked at Palm Beach County regulations and Gulf Stream regulations for the best fit for this area. Regular Meeting and Public Hearing Town Commission - October 14, 2011 Page 5 Mr. Minor said the inventory shows that densities within the annexed area are higher than currently allowed by Town Code. The Town limits single family residential density to 2.64 units per acre, multi - family to 5.7 units per acre and, in the annexed area, there are densities ranging from 6 units to 16 units per acre. He said rather than creating a new district or expanding the current district, he recommends using the Town's existing multi - family regulations for this area with some minor tweaks. Mr. Minor said there is a non - conforming density of 16 units per acre in the annexed area and, under the current Code, in the event of loss from fire or hurricane they would only be allowed to rebuild up to 5.7 units per acre, which would result in property owners losing property from a regulation standpoint. Commissioner Devitt asked if there is a current condition in the Code addressing this. Mr. Minor said there is, but it does not address an acute situation such as this. He said the biggest change he is proposing is a regulation where non- conforming residential buildings in residential districts cannot expand or create more area, but they can rebuild back to the original number of units, if destroyed by an Act of God, which preserves the number of units as it was originally approved. Further, any undeveloped property within this area would have to conform to the Town's multi - family zoning regulations. Commissioner Devitt asked if this was a typical provision and Mr. Minor said it is typical, especially along the coast. Mr. Randolph asked Mr. Minor about the 50% rule. Mr. Minor said that if you rebuild by more than 50 %, you must conform. He said when he climes back to the Commission for first reading he will provide the specific language with an underline and strike -out version and all questions will be answered. Commissioner Devitt asked Mr. Minor how these recommendations came about to this point. Mr. Minor said he attended the September ARPB Meeting where he received very good input, and he has been working with the Town Manager since the annexation. He said zoning is part of the transition of the 16.6 acres into the Town and there must be a way to deal with vacant property, such as 4001 North Ocean Boulevard West. Decisions must be made concerning non - conforming densities and whether portions of the annexed area should be zoned for multi - family or single family. Mr. Minor said there have been questions concerning the existing vacant property on the west side of AlA across from 4001 North Ocean, which is roughly 42,000 SF in size. He explained that 4001 North Ocean on the east side of AlA was approved by the County and the Town accepts that. O However, the west side is Phase II of the 4001 North Ocean project and was never approved by the County and, therefore, it will be developed under the Town's regulations. Mr. Minor said the minimum lot size for single family homes within a multi - family district is 16,500 square feet and multi - family starts at 20,000 SF and adds with each additional unit. Commissioner Devitt asked what that would allow to be constructed on this vacant property. Mr. Minor said they could have two single family homes without requesting a waiver or variation from the Code, or a small 4 -unit multi - family building, which would be challenging from a site - planning standpoint when you consider parking and setbacks because there is a 50' setback from AlA. Regular Meeting and Public Hearing Town Commission - October 14, 2011 Page 6 Mr. Minor said there are other aspects of the Code to be addressed when he returns to the Commission. He said both he and Mr. Thrasher have been reviewing the Code and have discovered that within the multi - family provision, which is Chapter 71, the amendment made to the design guidelines does not include a special exception provision when looking at additions and revisions where a special exception or variance may be required. In addition, Mr. Minor said the State has modified its growth O management roles with regard to concurrency and other issues. He said he will propose further addressing the language to strengthen the concurrency standards in the Town. Mayor Koch asked Mr. Minor if the Town will be requiring any developers of the annexed area to hook into the Boynton Beach Sewer and Mr. Minor said that was part of the annexation. Commissioner Devitt asked if any other standard has been used besides the 50% rule. Mr. Minor said that 50% of the value of the home is the prevailing standard within zoning codes. He said there is another section that talks about 75% and he will take another look at that, but within the Acts of God provision, it is currently 50 %. Mr. Minor said if a property is destroyed by more than 50% it would have to be rebuilt to Code. With the non - conforming densities, we are allowing multi - family in the annexed area to rebuild as they were, regardless of the 50 %. Commissioner Devitt asked where the 75% rule would come in. Mr. Thrasher said we have a 75% of the certified appraised value of the structure rule in the Code as it relates to remodeling, but it may not exist in the multi - family Code, but this will be addressed. Mr. Ganger said the ARPB had a comprehensive discussion on this matter at their last meeting which included the one commercial property in the annexed area with a non - conforming use. He said he assumes it will be addressed in the comp plan discussion that if, for whatever reason, this property ceases to exist as a commercial property, the property will come under the multi - family provisions of the Code. Mr. Randolph said this may have already been addressed in the zoning code. Mr. Ganger said they did not discuss the Design Manual as it relates to multi- family and it is the assumption of the ARPB that the Design Manual would still pertain to anything that is rebuilt in the Town. He said the long term plan is to make the annexed area look like it belongs in Gulf Stream. B. Bid Award for Place Au Soleil Entrance Mr. Thrasher announced that there is a bid award for the Place Au Soleil O Entrance and a $10,000 contribution has been included in the Town's budget for this project. He said this project went out for public bid, five (5) bids were received ranging from the high bid of $175,701 to the low qualified bidder of $39,700. Mr. Thrasher said this is just for the hardscape, but they were able to include in the scope of work the guard house beautification and almost $15,000 worth of landscaping to be added to the entrance. He said based on a report submitted by Ned McDonald of the Place Au Soleil Homeowners' Association, about 87% of their property owners have paid their assessment for this project. Mr. Thrasher said funding is available for the entire project and it is Staff's recommendation that the bid be awarded to the low bidder, ANZCO Inc. He Regular Meeting and Public Hearing Town Commission - October 14, 2011 Page 7 said Mr. Randolph has reviewed the contract for legal sufficiency and he is asking the Commission to approve the bid award. Commissioner Anderson asked if all of the residents in Place Au Soleil are in favor of the project. Mr. McDonald stated that all residents are aware of the project and there have been no objections. Commissioner Anderson moved and Commissioner Devitt seconded to approve the bid of Q $39,700 to ANZCO, Inc. and to authorize the execution of the Contract with ANZCO, Inc. There was no discussion. All voted AYE. Mr. Thrasher stated that the award of the bid to ANZCO of $39,700 is exclusively for the hardscape. He said funding is sufficient for the entire project and he would like to proceed with Alternate Bid A and Alternate Bid B of ANZCO's contract, which is $4,269 for the guard house beautification and $14,600 for the landscaping and this is part of the approval. Commissioner Devitt moved and Commissioner Anderson seconded to award the alternate bid items to ANZCO, Inc. for a total of $19,069. There was no discussion. All voted AYE. C. Items by Mayor & Commissioners Commissioner Anderson referred to a discussion that took place at the September Commission Meeting concerning the cost of water and she said this is something the Commission should look at. Mr. Thrasher said it is his intention to bring this back to the Commission for further discussion. He said a comment was made by Mr. Ganger at a previous meeting that his organization is gathering some information which may be helpful and pertinent to that discussion. Mr. Thrasher said he and Mr. Ganger have been communicating and since he considers this matter to be of a serious nature he will need direction from the Commission. Mr. Ganger said he originally thought he could provide an overview of water usage costs and delivery systems, but it has become complicated. He said no billing system is similar and the information is illuminating and challenging. Mr. Ganger said there are some strange anomalies, but his organization will give the Commission the facts after they have had time to sort through all of the information. He said the Commission may decide to look into this further, they may hire an expert to do additional research or they may decide to take action based on the facts he will provide, but it will not happen overnight. Mayor Koch congratulated Mr. Ganger's organization for doing the research in this area. Mr. Ganger said there are many complex issues, it is a shared problem and some communities are worse off than the Town. �J Mr. Thrasher commented that he is concerned about the current financial structure and he is ready to discuss reserve levels at any time. Vice -Mayor Orthwein said she believes water should stand on its own, the Town should not subsidize water and the Town should have a reserve in place for water. Mr. Thrasher said we cannot do that unless we raise water rates. Vice -Mayor Orthwein asked Mr. Thrasher to give them and amount of money that should go into reserves. Mr. Thrasher said $75,000 should go into reserves every year and we would need to increase rates by approximately 12 %. Vice -Mayor Orthwein said that a 12% increase is a Regular Meeting and Public Hearing Town Commission - October 14, 2011 Page 8 lot for some people and maybe we could ease into that. Mr. Thrasher said if we ease into it all of the data changes so it is something we can look at on a regular basis. He said the other option is to use the reserves in the General Fund to pay whatever shortfalls come about and Vice -Mayor Orthwein said she did not want to do that. Mr. Ganger said the research he has done indicates that the Town has O figured out how to deliver water while not always knowing what the cost will be, they have thought it through and are doing it right. Mr. Ganger said he believes that in the next couple of years we will be forced into a major conservation effort whether we want to or not. Vice -Mayor Orthwein asked how the other municipalities do this. Mr. Thrasher said it becomes a political battle because in order to adequately fund infrastructure you must increase rates and that political pressure causes people to back away from the financial decision to create adequate reserves. He said his intent is to bring this to the Commission's attention and he asked the Commission if they want him to target sufficient revenues that provide reserves to replace the infrastructure out there. If so, it can be done verbally and he will present it at the appropriate time. Mayor Koch said the Commission would like Mr. Thrasher to show them what the rates may be. X. Public. There were no public comments. XI. Adjournment. Commissioner Devitt moved and Vice -Mayor Orthwein seconded to adjourn the meeting. The meeting was adjourned at rox'mately 10:10 A.M. c L3ail u. Anoale Administrative Assistan O