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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. 2 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 3 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 4 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. 9 Town Cormission Regular Meeting 6 Public Hearing June 12, 2015 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 0 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 7 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 n