HomeMy Public PortalAbout10 09 15 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 9, 2015 AT 9:00
C' A.M. IN THE WILLIAM F. KOCH, JR. 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.
0 The Mayor led the Pledge of Allegiance.
III. Roll Call.
Present andScott
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
Christopher O'Hare
Resident
Anthony Graziano
Resident
Mrs. Grazisno
Resident
Mark Marsh
Architect
Richard Jones
Architect
David Bodker
Landscape Architect
Absent W/Notice:
Danny Brannon
Project Engineer
IV. Minutes.
A. Regular Meeting & Public Hearing of September 11, 2015.
B. Budget Public Hearings
1. September 11, 2015
2. September 22, 2015
Vice Mayor Ganger moved to approve the minutes of the Meeting and Public
Hearings of September 11, 2015 and the Public Hearing of September 22,
2015. Commissioner White second the motion and all voted AYE at roll
call.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
There were no changes.
G VI. Announcements.
A. Regular Meetings and Public Hearings
1. November 13, 2015 @ 9:00 A.M.
3. December 11, 2015 @ 9:00 A.M.
4. January 8, 2016 @ 9:00 A.M.
5. February 12, 2016 @ 9:00 A.M.
6. March 11, 2015 @ 9:00 A.M.
OAll indicated they would be present for the November meeting.
VII. Communication from the Public (5 min. maximum)
Town Commission Regular
Meeting & Public Hearing
10-9-15 @ 9:00 A.M.
OChristopher O'Hare was recognized and displayed a very large
poster depicting a nativity scene and he questioned if he could display
this on his private property in the front yard without violating the
Code.
Mayor Morgan advised that Mr. O'Hare has the Code and suggested that he
review it and make his decision as to what he wants to display and if it
is in compliance, he would not hear from the Town. He added that since
the Town is in litigation with him, it would not be appropriate to
engage in too much detail to his comments. The Mayor went on to point
out that Mr. O'Hare has counsel and that he can discuss this with him if
he is unable to interpret the Code. Mr. O'Hare repeated the same
question 9 times until his 5 minutes expired.
Anthony Graziano was recognized and encouraged the Commission to keep
the one million legal budget and urged the property owners to keep it in
prospective, citing in his case that this amounts to only about $70.00
per month. He pointed out that Mr. O'Hare, at the budget hearing, had
said that he will continue to submit public record requests and file law
suits, and Mr. O'Boyle resumed making public record requests and filing
law suits after the Town had settled with him. In closing he remarked
that it would be difficult, if not impossible, to prevent these
activities from resuming thru a settlement agreement. Mr. Graziano
stated these comments are his and did not come from the Civic
�l Association with which he is affiliated.
VIII. PUBLIC HEARING
A. Applications for Development Approval
Commissioner Stanley stated he would not be participating in the
consideration of the first application as he sometimes represents Mr. &
Mrs. Veins in other matters unrelated to this application.
Commissioner Ganger stated he had driven by both properties.
Commissioner Orthwein stated she had spoken to the Town Clerk.
Mayor Morgan asked that anyone who intended to speak in relation to any
matter being considered in this public hearing please stand and be
sworn.
The Town Clerk administered the Oath to Christopher O'Hare, Mark Marsh,
Richard Jones and David Bodker.
1. An application submitted by Mark Marsh, Bridges, Marsh &
Associates as Agent for Richard Vines & Patricia Werhahn,
the owners of property located at 1424 North Ocean Blvd.,
Gulf Stream, Florida, which is legally described as Lot 10
and 10A, McLouth subdivision.
Mr. Marsh explained that a lovely 2 story home had been approved for
C) this lot and the owners subsequently decided that a single story home
with an attached pavilion would better fit their needs. He said there
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Owould be an oval shaped pool on the south side and that there would not
be a lot of hardscape, adding that the landscaping would be very
natural. A 3 car garage is planned as well as a slat house that will
contain all of the mechanical equipment. Mr. Marsh said that all of the
setbacks have been met and they are not asking for any Special
Exceptions, this is a smaller U shaped home, approximately 4,000 square
Ofeet less than the original design, on a very large lot. Mr. Marsh said
the roof will be gray flat cement tile and will have solar panels. The
body is planned to be a very soft "moon -glow" with St. Lucia Teal Green
on the shutters with the trim to be super white. He believed the entry
feature to be very much in scale with the design. He briefly explained
the landscaping advising that much of the existing material will be
used. He then gave a brief fly -by presentation in closing.
Mayor Morgan pointed out that the entry feature is in the discouraged
Range in that it is one foot higher than the preferred range but the
ARPB believed it to be in scale and recommended approval as submitted.
All 4 members of the Commission were in agreement with the ARPB.
Christopher O'Hare asked to be recognized and asked who determined that
this is an Anglo -Caribbean style dwelling and was informed that the
architect determined that.
a. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit
construction of an Anglo -Caribbean, one story, single
C� family dwelling with attached 3 car garage, a
pavilion, total of 9,988 square feet, and a swimming
pool.
Commissioner Orthwein moved to approve the Level 3 Architectural/Site
Plan based on a finding that the proposed Anglo Caribbean, one story,
single family dwelling with attached 3 car garage and pavilion, a total
of 9,988 square feet, and a swimming pool meet the minimum intent of the
Design Manual and applicable review standards with the condition that
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 ARPB for review and approval, prior to
commencement of landscaping. Vice Mayor Ganger seconded the motion and
all four members voted AYE at roll call.
Commissioner Stanley returned to the meeting.
2. An application submitted by Seaside Builders LLC as
0Agent for 3180 Gulf Stream, LLC (Mr.& Mrs. Cacioppo),
Owners of property located at 3180 Polo Drive, Gulf
Stream, Florida 33483, legally described as Lot 1, 3140-
3180 Polo Dr. according to plat thereof as recorded in
Plat Book 119, Page 195, Public Records of Palm Beach
County, Florida.
Mr. Jones explained that the initial preliminary review of the project
was for a Dutch Colonial style and it was determined that this was not
one of the preferred styles for the area and that they then redesigned
and are presenting this Georgian style home that will face Palm Way.
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OMr. Bodker then presented the landscape design showing a circular
driveway at the front off Palm Way and a motor court in front of the
garage off Polo Drive. He explained there would be Ficus hedges along
the streets behind a 30 inch wall, coconut palms flanking both driveways
Magnolia trees at the break between the first floor and the second
Floor and a variety of tropical plants throughout the property. He said
Othere would also be a swimming pool in the back yard.
In closing, Mr. Jones explained that the parents of Mrs. Cacioppo would
be living in this home which will be constructed at the same time as the
home next door, 3140 Polo Drive, with the vehicles associated with the
construction to be parked on the property. He estimated the construction
to be completed in 12 to 14 months.
Mrs. Graziano called attention to the fact that these lots are terribly
overgrown and she asked that they be maintained.
Mr. Thrasher said that maintenance of the properties had commenced
yesterday afternoon and would be continued through the construction.
Mr. O'Hare questioned if Mr. Thrasher had told the Architect that the
house must be Georgian or if it was the owners choice.
Mr. Jones said it was the Architects choice.
Mr. Thrasher asked Mr. Jones if in fact he was a professional architect
to which Mr. Jones replied in the affirmative.
a. SPECIAL EXCEPTION to allow 118 square feet of covered,
un -enclosed area that exceeds the maximum allowed
floor area ratio.
Commissioner Orthwein moved to approve a Special Exception to permit 118
square feet of covered, unenclosed area that exceeds the maximum floor
area ratio (Section 70-72(b)(2)) and Vice Mayor Ganger seconded the
motion with all voting AYE at roll call.
b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit
construction of a 5,565 sq. ft. 2 -story, single family
Georgian style dwelling with attached 2 car garage and
a swimming pool.
Commissioner Stanley moved to approve a Level 3 Architectural/Site Plan
�\ based on a finding that the proposed 2 story single family Georgian
v style dwelling with attached 2 car garage, consisting of 5,565 square
feet, and a swimming pool, meet the minimum intent of the Design Manual
and applicable review standards with the following conditions: 1) Prior
to the issuance of a certificate of occupancy, the owner of the property
shall prepare and record a deed restriction which shall provide that all
roof projection areas shall remain unenclosed as per approval of the
special exception for as long as the structure is in existence or
(vim exceeds the maximum FAR. 2) The electric service lines shall be buried.
3) Any minor modifications in the landscape plan shall be submitted to
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C! the Town Manager for review and approval and any major modifications
shall be brought back to the ARPB for review and approval, prior to
commencement of landscaping. Commissioner Ganger seconded the motion and
all voted AYE at Roll Call.
IX. Reports.
OA. Utility Undergrounding-Danny Brannon (Engineer)
There were no comments on the report and the Mayor declared it accepted
as submitted.
B. Town Manager
Mr. Thrasher advised that the sample street light is back in place at
the police station with frosted glass having been installed. He asked
that residents advise if this now meets with their approval. He further
advised that an RFP for the feasibility study in relation to
establishing a barrier island fire district has been advertised and 10
firms had responded, requesting to receive the details. He said that he
did not expect to receive bids from all of them but what is received
will be opened at 11:00 A.M. on October 30, 2015 and they will be
presented, along with evaluations and recommendations, to the Gulf
Stream Commission at the regular meeting on November 13, 2015.
C. Architectural Review & Planning Board
1. Meeting Dates
a. October 22, 2015 @ 8:30 A.M.
O b. November 19, 2015 @ 8:30 A.M.
c. December 17, 2015 @ 8:30 A.M.
d. January 28, 2016 @ 8:30 A.M.
e. February 25, 2016 @ 8:30 A.M.
f. March 24, 2016 A 8:30 A.M.
D. Finance Director
1. Financial Report for September 2015
In answer to a question from Vice Mayor Ganger, Mr. Thrasher said there
will be closing entries yet to be made as there are always accruals
coming in and outstanding revenues to enter and that these should be
finished up most likely in December 2015 and the books ready for the
auditors.
2. Water Usage as of September 30, 2015
Commissioner Ganger further inquired if the water usage report reflects
the amount that passes thru the Delray Beach meters to which Mr.
Thrasher replied that is true in that the annexed property is supplied
water directly from Boynton Beach. He added that the Town keeps track of
the water loss which is due to having to flush the system plus any line
leaks on the Town's side of the meters.
Mayor Morgan declared both the Financial Report and the Water Usage
Report accepted as submitted.
E. Police Chief
1. Activity for September 2015
There were no questions regarding this report and Mayor Morgan declared
the report accepted as submitted.
F. Town Clerk's Department
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O1. Public Records Annual Compliance Report
The Mayor noted that this report shows that Ms. Avery has expended 95%
of her time the past year, not on other town activity, but on activity
for essentially 2 town residents. He further noted that Carol Mahoney
spent 100% of her time on public record requests.
The Town Clerk advised that the Public Records Policy requires that an
Oannual report be submitted to the Commission and that this is the first
one.
In answer to a question from Commissioner Ganger, Town Clerk Taylor said
that 5 years ago there were only two or three requests within a year.
Town Manager Thrasher pointed out that the Policy also requires that
each request receive 15 minutes of free time. He asked for an approval
of the document, including a small amendment to the policy which he is
given authority to make, also as stated in the policy.
Commissioner Ganger moved and Commissioner Orthwein seconded the motion
to approve the Public Records Annual Compliance Report as submitted and
all voted AYE at roll call.
X. Items for Commission Action.
A. Resolution No. 15-9; A RESOLUTION OF THE TOWN COMMISSION OF
0 THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
ESTABLISHING WATER RATES AND CHARGES BY RESOLUTION AS
PROVIDED IN ORDINANCE NO. 03/4 AMENDING CHAPTER 34 UTILITIES
AT ARTICLE II SECTION 34-26 FOR THE OPERATION OF THE WATER
DISTRIBUTION SYSTEM FOR THE TOWN; PROVIDING AN EFFECTIVE
DATE.
The Town Clerk read the Resolution No. 15-9 by title and added that it
reflects the revenues as set forth in the budget for the water fund
covering fiscal year 2015-2016.
Christopher O'Hare asked if this money that is collected will be used to
pay for the water and maintain the system or will some be used to cover
other Town expenses.
The Town Manager explained that the Town Commission has authority to
transfer funds from the water fund to the general fund but any such
transfer would have to be done in a public meeting. He said that what is
�) being presented is for the operation, present and future, of the water
distribution system.
Vice Mayor Ganger moved to approve Resolution No. 15-9 and Commissioner
Orthwein seconded the motion with all voting AYE at roll call.
B. Items by Mayor & Commissioners
There were no items from the Mayor or the Commissioners.
Town Commission Regular
Meeting 6 Public Hearing
10-9-15 @ 9:00 A.M.
OXI. Adjournment.
Mayor Morgan adjourned the meeting at 10:15 A.M.
,�
l2GJ r
ORita L. Taylor
Town Clerk
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