HomeMy Public PortalAboutPRR 15-19349/18/15
Loudes Velez requested from Rita Taylor certified copies of the July 10, 2015 meeting.
July 2, 2015
MAYOR:
Scott W. Morgan
VICE MAYOR:
Robert W. Ganger
COMMISSIONER:
Joan K. Orthwein
Thomas M. Stanley
Donna S. White
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, JULY 10, 2015 AT 9:00 A.M.
IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
AGENDA
Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes of the Regular Meeting of June 12, 2015.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. August 14, 2015 @ 9:00 A.M.
2. September 11, 2015 @ 9:00 A.M.
3. October 9, 2015 @ 9:00 A.M.
4. November 13, 2015 @ 9:00 A.M.
S. December 11, 2015 @ 9:00 A.M.
B. Budget Presentation Award Received
VII. Communication from the Public (5 min. maximum)
VIII. PUBLIC HEARING
A. Applications for Development Approval
1. An application submitted by Thomas Laudani, Seaside Builders,
as Agent for Mr.& Mrs. James Cacioppo, the owners of
property located at 3140 Palo Drive, Gulf Stream, Florida,
which is legally described as the south 96.89 ft. of Lot 6
and all of Lot 7, Re -plat of Polo Cove Subdivision.
a. Demolition Permit to remove existing structures.
b. Special Exception $1 to permit a 30 ft. rear setback.
c. Special Exception $2 to permit 238 sq. ft. of covered,
unenclosed area that exceeds the maximum permitted
floor area ratio.
d. Level 3 Architectural/Site Plan Review to permit
construction of a partial two-story 8,560 square foot
Georgian style single family dwelling with 4 car
garage and a swimming pool.
2. An application submitted by William Wietsma, Architect, as
agent for Danburg Hansen LLC, owner of property located at
540 Middle Road, Gulf Stream, Florida 33483, legally descried
as Lot 16 and west 50' of Lot 17, Gulf Stream Cove
Subdivision.
a. Special Exception to allow 247 sq. ft. of covered,
unenclosed area that exceeds the maximum permitted
Floor Area Ratio.
b. Level 3 Architectural/Site Plan Review to permit the
addition of a new single story loggia on an existing
single family Gulf Stream Bermuda two-story dwelling.
IX. Reports.
A. Utility Undergrounding-Danny Brannon (Engineer)
B. Town Manager
AGENDA CONTINUED
C. Architectural Review a Planning Board
1. Meeting Dates
a. July 23, 2015 @ 8:30 A.M.
b. September 24, 2015 @ 8:30 A.M.
c. October 22, 2015 @ 8:30 A.M.
d. November 19, 2015 @ 8:30 A.M.
e. December 17, 2015 @ 8:30 A.M.
D. Finance Director
1. Financial Report for June 2015
E. Police Chief
1. Activity for June 2015
X. Items for Commission Action.
A. Continuation of Agreement: Overhead Utility Undergrounding
Project Management 6 Engineering Consulting Services -Brannon s
Gillespi LLC
B. Presentation of Proposed Budget for Fiscal Year 2015-2016
1. Budget Consideration
2. 2014-2015 Millage Rate
3. Proposed Millage for Fiscal Year 2015-2016
4. Certification of Rolled Back Millage Rate
5. Date of First Public Hearing -Tentative Budget Adoption
6. Date of Second Public Hearing -Final Budget Adoption
C. Items by Mayor and Commissioners
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, JUNE 12, 2015 AT 9:00
A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF
STREAM, FLORIDA.
I. Call to Order.
Mayor Morgan called the meeting to order at 9:00 A.M.
II. Pledge of Allegiance.
The Mayor led
the Pledge of Allegiance.
III. Roll Call.
Present and
Scott W. Morgan
Mayor
Participating:
Robert W. Ganger
Vice Mayor
Joan K. Orthwein
Commissioner
Thomas M. Stanley
Commissioner
Donna S. White
Commissioner
Also Present &
John Randolph
Town Attorney
Participating:
William Thrasher
Town Manager
Rita Taylor
Town Clerk
Garrett Ward
Police Chief
William Wietsma
Architect
Danny Brannon
Engineer
Christopher O'Hare
Town Resident
IV. Minutes.
A. Regular Meeting of May 8, 2015
B. Workshop Meeting of May 13,12015
Vice Mayor Ganger called attention to an error in his name in the
Minutes of May 13, 2015 and then moved that the Minutes of May 8, 2015
and May 13, 2015, as amended, be approved. The motion was seconded by
Commissioner Orthwein and all voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Mayor Morgan advised that Item VII.A., a report from
Representative Hager is withdrawn due to Representative Hager being in
Tallahassee attending the Special Session of the Legislature, adding
that his appearance will be rescheduled when he returns to the area.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. July 10, 2015 @ 9:00 A.M.
2. August 14, 2015 @ 9:00 A.M.
3. September 11, 2015 @ 9:00 A.M.
4. October 9, 2015 @ 9:00 A.M.
5. November 13, 2015 @ 9:00 A.M.
6. December 11, 2015 @ 9:00 A.M.
All Commissioners acknowledged they would be attending the next Regular
Meeting and Public Hearing on July 10, 2015.
VII. Communication Requests.
A. Report on 2015 Legislative Session -Representative Hager
This Item was withdrawn from the agenda.
B. From the Public (5 Min. Maximum)
Town Commission Regular Fleeting
a Public Hearing June 12, 2015
Christopher O'Hare was recognized and reminded that at the last meeting,
Mayor Morgan had said that the new sign ordinance will be enforced and
that photos of sign violations that were given to the police chief and
the town manager by Mr. O'Hare would be considered. He said he counted 8
in violation while driving to the meeting today. Mayor Morgan said he
found it curious that Mr. O'Hare keeps raising this question even though
he has stated that he is in favor of allowing signs to be placed at any
location to which Mr. O'Hare replied that is true but while he does not
like the sign ordinance, he is just asking if and when it will be
enforced. Mayor Morgan stated that Mr. O'Hare's civic responsibility is
duly noted.
VIII. PUBLIC HEARING
Mayor Morgan asked if there
relative to the application being
Ganger stated he had conversation
were any ex -parte communications
considered today and Commissioner
with the architect today.
The Mayor then asked that anyone who intended to speak at any time
during this public hearing to please stand and be sworn.
William Wietsma and Christopher O'Hare received the Oath.
A. Applications for Development Approval
1. An application submitted by William Wietsma as Agent for
Mr.& Mrs. William J. Martin, Jr., the owners of
property located at 12 South Hidden Harbour Drive, Gulf
Stream, Florida, which is legally described as Lot 1,
Hidden Harbour Estates.
Mr. Wietsma, agent for Mr. & Mrs. Martin, stated they have purchased the
vacant lot at the end of Hidden Harbour Drive on which they want to
build a partial two-story Anglo -Caribbean style home, with a Flemish
gable over the front entry, which meets all of the FAR requirements
along with a request for a special exception to allow 299.57 square feet
of covered, unenclosed outdoor space that exceeds the maximum FAR. He
said the house will be placed so as to focus on a conservation area
across the Intracoastal Waterway with all setbacks being met and with
the setback on the east being considerably greater than what is
required. Mr. Wietsma said that entry will be thru gates into the round -
a -bout and on to an auto court in front of the two garage doors, which
are not visible from the street. He pointed out the third garage door is
visible from the street. Mr. Wietsma displayed the landscape plan,
pointing out that extra screening material has been added on the east.
He further pointed out that the conservation area to the south is filled
with many invasive trees and piles of debris. He said the owners would
very much like to have permission to remove the debris and these
invasive trees and replace them with native trees within a 30 ft. wide
strip adjacent to their property which would include a path
approximately 8 ft. wide, the width to accommodate a bobcat, giving the
town access to the Intracoastal for performing maintenance along the
seawall.
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Town Cormission Regular Meeting
6 Public Nearing June 12, 2015
Mayor Morgan asked Mr. Thrasher for his thoughts regarding the
conservation property to which he replied that it is the Town's
responsibility and there has been expended several hundred thousand
dollars to maintain the seawall around the property and to clear the
overhanging tree limbs along the cove. He believed it to be an advantage
to have slower growing trees in this access area and to have a path
installed at no expense to the town.
Mayor Morgan remarked that since there would be no future involvement on
the part of the adjacent property owner there is no risk of adverse
possession.
Commissioner Ganger said that this property is valued at 4.5 million
dollars in the county records and he asked if there is anything in the
deeds regarding the care of the property.
Mr. Thrasher replied that it has been some time since he reviewed those
files and recently referred this to Jones, Foster for their review. He
believed that there is nothing more than just general maintenance of the
property, adding that its purpose is for a bird sanctuary.
Commissioner Ganger, noting the seawall was at 5 feet while the floor
elevation is at 8.5 feet, ask if there are plans to raise the seawall.
Mr. Wietsma said they would like to at least raise it to match that of
the seawall around the conservation area which is a part of this
package.
Mr. Thrasher reported that an increase in the height of seawalls is in
the process of being recommended for a Code change and he would like to
add an item six to his recommendations for approvals, provided Mr.
Wietsma had no objection. The condition would be to increase the seawall
height to 6 ft. Mr. Wietsma had no objection to this.
Mr. O'Hare was recognized to speak to this matter. He noted that this is
classified as an Anglo -Caribbean style home but has many features of a
Gulf Stream Bermuda style which places it in the area wide standards
section of the Code that has lesser requirements than the Bermuda. He
questioned if any consideration was given as to whether this is an
accurate architectural style the owner choose as opposed to the town
making its own interpretation as to the style. Mr. Wietsma stated when
they design a house they determine the style.
Mr. O'Hare next questioned the location of the septic system and noted
the landscape plan shows trees planted on top of the system. Mr.
Wietsma explained that is an error on the civil drawing that is being
corrected and when this is completed, any plantings on top of the new
location will be moved. Mr. O'Hare believed more than the silt fence
that is shown on the plans should be done to protect the conservation
area from the impact of the construction activity. The Town Manager
advised that there are county restrictions and directions with regard to
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Town Commission Regular Meeting
s Public Hearing June 12, 2015
both the septic questions and this question and following those will be
the responsibility of Mr. Wietsma and the owner. He next pointed out
that all of the mechanical equipment is to be installed next to the
conservation area and he wondered if any consideration had been given to
the long term effect this will have on the flora and fauna. Mr. Thrasher
said the Code regulates the noise from generators and any other
considerations can be handled by other agencies.
Mr. O'Hare stated studies have been done regarding leaves falling in the
water. It has been determined they are a part of the food chain and that
perhaps future trimming should be discontinued since the laves in the
water are a benefit not a detriment. He went on to state he takes
exception to the underbrush being referred to as rubbish since this
actually is habitat for the wildlife in the area. He believed that the
30 ft. strip that is to be replanted should include some understory to
replace what is being removed. He believed that the path that is
proposed will probably end up being a mulched area that will severely
impact the purpose of that district, the animals and flora and fauna
existing there now.
In closing he called attention to a round ball on top of the wall column
that doesn't seem to have any purpose except to be decorative. He
wondered if that had been evaluated with the idea of whether they
complied with the prohibition of objects d'art.
a. LAND CLEARING PERMIT to prepare the property for the
construction of the structures.
Commissioner Stanley moved to approve a Land Clearing Permit to prepare
the property for the construction of the structures and Commissioner
Orthwein seconded the motion with all voting AYE
b. SPECIAL EXCEPTION to permit 299.57 square feet of
covered, unenclosed area that exceeds the maximum
permitted floor area.
Commissioner Stanley moved the approval of a Special Exception to permit
299.57 square feet of covered, unenclosed area that exceeds the maximum
permitted floor area ratio. Commissioner Orthwein seconded the motion
with all voting AYE at roll call.
c. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit
construction of a two-story, 7,978.7 square foot
Angelo -Caribbean style single family dwelling with 3
car garage and a swimming pool.
Commissioner Stanley moved the approval of a Level 3 Architectural/Site
Plan based on a finding that the proposed partial two-story, 7,978.7
square foot Anglo -Caribbean style single family dwelling with three car
garage and a swimming pool meets the minimum intent of the Design Manual
and applicable review standards with the following conditions: 1) Any
minor modifications in the landscape plan shall be submitted to the Town
Manager for review and approval and any major modifications shall be
brought back to the ARPS for review and approval, prior to commencement
of landscaping. 2) Wall and/or fences along the side property lines will
be measured from the lowest abutting grade with a maximum height of 8
feet including any lighting fixture that may be attached. 3) All chain
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To,m Comission Regular Meeting
L Public Hearing June 12, 2015
link fencing will be screened from neighbor's view. 4) Construction of
docks, installation of boat lifts and ancillary structures shall conform
to Gulf Stream Code 66-369 "Docks". 5) Prior to the issuance of a
certificate of occupancy, the owner of the property shall prepare and
record a deed restriction which shall provide that all roof projection
areas shall remain unenclosed as per approval of the special exception
for as long as the structure is in existence or exceeds the maximum FAR.
6) The cap on the bulkhead shall be at a height of 6 feet. Vice Mayor
Ganger seconded the motion and all voted AYE at roll call.
IX. Reports.
A. Utility Undergrounding-Danny Brannon (Engineer)
Mr. Brannon reported that the Comcast and AT&T crews are still working
on getting their lines into the underground system in the Phase I part
of the project and both companies have promised they will not remove
their workers until the work is completed, at which time FP&L will come
back in and remove the poles, then the landscaping will be completed.
With regard to Phase II, he said that Comcast has nearly finalized their
portion and AT&T is working toward finalizing their portion. With regard
to FP&L, he said they are nearly finished with reviewing their changes
to service drops. He explained that all of these things need to be
nailed down before going to bid so we are not faced with a lot of change
orders in the future which drives up the costs. Mr. Brannon said they
will very soon be executing the binding cost estimate for Phase II from
FP&L, about one half million dollars, in order to meet the deadline of
July 8th for this to avoid having FP&L refigure the estimate as that
would most likely increase. Mr. Brannon further reported that the
supplier for the street lights is still working toward lowering the
strength of the lights to make a softer glow. Commissioner Stanley
commented that the residents seem to be saying they would like as soft a
glow as possible and still address safety issues.
Commissioner Ganger was concerned about the number of easements that
will be needed, over 50. Mr. Brannon did not feel this will be a problem
as he has reduced the sizes from what the utilities would like to have.
He said the paper work is in motion, such as the sketches, etc.
Commissioner Ganger asked how residents would get fiber optics and was
told it will be available in the pipes and residents should jut contact
their supplier and they will handle the connections to the houses.
B. Town Manager
1. Draft Budget for 2015-2016 Fiscal Year
Mr. Thrasher said that this is just a quick update of some of his
figures as this will be worked on after July lst when the final taxable
figures are received from the property appraiser. He said the current
estimate has Gulf Stream at $959,000,000 which is an increase of
approximately 6%. The Town Manager advised this document shows a millage
rate of 5 mills as was suggested at the recent workshop meeting which
would increase the reserves to $607,000 and increase the legal fees from
$800,000 to one million dollars.
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Town Cormission Regular Meeting
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Commissioner Ganger reminded that the millage figure that is sent to the
County in July can't be increased, even though it could be lowered, in
September and we should be sure that the 5 mills will cover what will be
needed in the coming fiscal year.
Commissioner Stanley asked if there is a consensus from the Commission
to do or to fund this year any of the minor projects that are under
consideration or to move that to the next fiscal year.
Mr. Thrasher said that he had understood that building the fund balance
(reserves) was the number one objective and then filtering in the
capital items.
Mayor Morgan said he believed this to be the consensus from the
workshop, adding that updated figures of the cost for an addition to
town hall and a new maintenance building were to be sought during this
year.
Mr. Thrasher said he had a revised figure for the maintenance building
but in speaking with a consultant on the addition to town hall, it has
been determined that the amount of space that will be needed is greater
than what was last considered. A revision is being prepared.
The Mayor and Vice Mayor were in agreement that monies be budgeted to
cover planning costs that are necessary when considering construction
and improvements but not the actual construction costs at this time.
Vice Mayor Ganger reminded that we most likely will not know if Delray
will be giving their fire department to the County and whether or not,
or to what extent, the county would be servicing us prior to adopting a
new budget. He said that regardless of whether a barrier island fire
department is organized or we are serviced by another agency, it will be
necessary that they have a place to work from.
Mayor Morgan said he believed the Town Manager has, or will be talking
informally with other managers regarding this matter. Mr. Thrasher said
that actually he has a new thought on this and was not comfortable with
discussing it at this time. Mayor Morgan said that this would be tabled
for this meeting and perhaps can be discussed at the next meeting to
which Mr. Thrasher replied that this is so big that it may not be ready
by the next meeting.
The Vice Mayor said he understands this as he has been thinking along
those lines himself but does believe there should be money in the budget
for a barrier island study. The Town Manager advised there is money for
this provided in the budget.
The Commission was in agreement that the proposed budget show a millage
of 5 mills. Commissioner Orthwein reminded that property values are
still increasing which will bring additional revenues in the future.
C. Architectural Review & Planning Board
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Town CO.=153ion Regular Meeting
6 Public Hearing June 12, 2015
1. Meeting Dates
a. June 25, 2015 @ 8:30 A.M.
b. July 23, 2015 @ 8:30 A.M.
c. September 24, 2015 @ 8:30 A.M.
d. October 22, 2015 @ 8:30 A.M.
e. November to be determined
f. December to be determined
D. Finance Director
1. Financial Report for May 2015
2. Water Usage as of May 31, 2015
Mayor Morgan asked if there were any questions or
Financial Report or the Water Usage. There being
accepted as submitted.
E. Police Chief
1. Activity for May 2015
There were no questions or comments regarding this
Morgan declared the report accepted as submitted.
comments regarding the
none he declared them
report and Mayor
X. Items for Commission Action.
A. Ordinance No. 15/3; AN ORDINANCE OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
AMENDING THE DATE OF THE 2016 MUNICIPAL ELECTION FROM MARCH
8, 2016 TO MARCH 15, 2016; PROVIDING A DATE FOR QUALIFYING
FOR SUCH ELECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE. (2nd reading and adoption)
Town Clerk Taylor read Ordinance No. 15/3 by title for adoption.
Vice Mayor Ganger moved for the adoption of Ordinance No. 15/3 and
Commissioner Orthwein seconded the motion and all voted AYE at roll
call.
B. Items by Mayor & Commissioners
Vice Mayor Ganger said he had a follow up on a suggestion made by Patsy
Randolph at the workshop meeting regarding an inventory of the seawalls
in town. He said that one half of the single family homes and 70% of
multi -family homes front water. He said that 62% of the Town's acreage
fronts water, approximately 6 miles of bulkheads and seawalls. He said
that with respect to the dunes, it appears that the town is, at this
time, well protected from storm surge, especially at the south end but
from the Intracoastal, more information is required.
Commissioner White stated that she read in the ARPB Minutes that the
Code changes with regard to second story homes would only apply in the
Core and Place Au Soleil Districts and she was curious as to why it
would not apply in all single family districts. Mayor Morgan advised it
was limited due to the size of the lots being smaller in these districts
as opposed to Beachfront and Ocean West lots where houses are farther
apart and height does not have as much impact on each other. He said
that with a greater number of two-story homes being built on the smaller
lots it is making it more difficult to maintain the character of the
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Town Commission Regular Meeting
6 Public Hearing June 12, 2015
neighborhoods. He was impressed with the thought the ARPB is giving to
this matter and believes they are going in the right direction.
Mr. Thrasher reported that the ARPB is considering including the
North/South District in these restrictions due to the sizes of those
lots being near the sizes in Place Au Soleil and the Core.
XI. Adjournment.
Mayor Morgan adjourned the meeting at approximately 10:20 A.M.
Rita L Taylor
Town Clerk
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