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HomeMy Public PortalAbout11 13 15 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, NOVEMER 13, 2015 AT 9:00 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. The Mayor led the.Pledge of Allegiance. III. Roll Call. Present and Participating: Also Present & Participating: Scott W. Morgan Robert W. Ganger Joan K. Orthwein Thomas M. Stanley Donna S. White John Randolph William Thrasher Rita Taylor Garrett Ward Danny Brannon Anthony Graziano Christopher O'Hare Martin O'Boyle Hassan Tajalli Richard Brummer Mayor Vice Mayor Commissioner Commissioner Commissioner Town Attorney Town Manager Town Clerk Police Chief Engineer Resident Resident Resident Architect -Ames Intl. Architect -Ames Intl. IV. Minutes of the Regular Meeting of October 9, 2015. Vice Mayor Ganger moved to approve the minutes of October 9, 2015 and Commissioner Orthwein seconded the motion with all voting AYE at the roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items. Town Clerk Taylor asked to add Item X.E., Agreement for Legal Services and there were no objections. VI. Announcements. A. Regular Meetings and Public Hearings 1. December 11, 2015 @ 9:00 A.M. 2. January 8, 2016 @ 9:00 A.M. 3. February 12, 2016 @ 9:00 A.M. 4. March 11, 2015 @ 9:00 A.M. There were no anticipated absences declared. VII. Communication from the Public (5 min. maximum) Those speaking were Anthony Graziano, Christopher O'Hare and Martin O'Boyle. VIII. PUBLIC HEARING A. Applications for Development Approval There was no ex -parte communication declared, however Commissioner Ganger advised he had driven past the site. Town Commission Regular Meeting s Public Hearing, November 13, 2015 AT 9:00 A.M. The Town Clerk administered the Oath to: Hassan Tajalli, Richard Bremmer, Chester Snavely, Christopher O'Hare, Martin O'Boyle. 1. An application submitted by Shane Ames, Ames International Architecture as agent for Kenneth and Irma Herzog, owners of property located at 960 Indigo Point, Gulf Stream, Florida 33483, legally described as Lot 70 and part of Lot 69, Place Au Soleil Subdivision. Hassan Tajalli, Project Director with Ames International presented the Drawings for the construction of a 7,091 square foot two-story, single family Anglo Caibbean style dwelling with attached 3 car garage and a swimming pool. He explained that the ARPB had made several suggested changes at their first hearing and those changes were made and presented to the ARPB at their second hearing. He further explained that the drawings being presented here reflect these changes and are the drawings that have been recommended by the ARPB for approval. There were some changes to the windows in the back, two eave heights were lowered, some roof elements were added to break up the height of the two-story wall area and the entry feature was redesigned, he said. a. DEMOLITION PERMIT to remove the existing structures from the property. Commissioner Stanley moved to approve the Demolition Permit to remove all existing structures from the property and Commissioner White seconded the motion with all voting AYE at roll call. b. LAND CLEARING PERMIT to clear the property for the new construction. Commissioner Stanley moved to approve the Land Clearing Permit to clear the property for the new construction. Commissioner Orthwein seconded the motion and all voted AYE at roll call. c. SPECIAL EXCEPTION to permit 147 square feet of covered unenclosed area that exceeds the maximum floor area ratio. Commissioner Stanley moved to approve a Special Exception to permit 147 square feet of covered unenclosed area that exceeds the maximum floor area ratio pursuant to Section 70-72(b)(2). Commissioner Orthwein seconded the motion and all voted AYE at roll call. d. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit construction of a 7,091 square foot two-story, single family, Anglo Caribbean style dwelling with attached three car garage and a swimming pool. Commissioner Stanley moved for approval of a Level III architectural/ Site Plan based on the finding that the proposed construction of a 7,091 Square foot, two-story, single family, Anglo Caribbean style dwelling with attached three car garage and a swimming pool meet 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 ARPB for review and approval, prior to commencement of landscaping; 2) All boat lifts, docks seawalls etc. will conform to Town Code Section No. 66-369 Docks; 3) 2 Town Commission Regular Meeting & Public Hearing, November 13, 2015 AT 9:00 A.M. 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. The motion was seconded by Commissioner Orthwein and all voted AYE at roll call. IX. Reports. A. Utility Undergrounding-Danny Brannon (Engineer) Mr. Brannon advised the Town will be advertising on November 29th for bids to construct Phase II of the undergrounding project with an award expected during the 3rd week in January 2016. B. Town Manager 1. Barrier Island Fire District Feasibility Study bids, evaluations and recommendations. Town Manager Thrasher recommended that the low bidder, Matrix Consulting Group, LTD. at $39,000 be awarded the bid and that Fitch and Associates at $48,600 be awarded the alternate bid. He reported that the Towns of Manalapan, South Palm Beach, Ocean Ridge, Briny Breezes and Gulf Stream will all be sharing in this cost. Vice Mayor Ganger moved that Matrix Consulting Group, LTD. be awarded the bid for the Barrier Island Fire District Feasibility Study at $39,000 and that Fitch and Associates be Awarded the Alternate Bid at $48,600 with the Town Manager and the Mayor being authorized to sign the contracts relative thereto. Commissioner Orthwein seconded the motion and all voted AYE at roll call. C. Architectural Review & Planning Board 1. Meeting Dates a. November 19, 2015 @ 8:30 A.M. b. December 17, 2015 @ 8:30 A.M. c. January 28, 2016 @ 8:30 A.M. d. February 25, 2016 @ 8:30 A.M. e. March 24, 2016 @ 8:30 A.M. f. April 23, 2016 @ 8:30 A.M. D. Finance Director 1. Financial Report for October 2015 The Mayor declared the report accepted as submitted. E. Police Chief 1. Activity for October 2015 Mayor Morgan declared this report to also be accepted as submitted. X. Items for Commission Action. A. Resolution No. 15-10; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AUTHORIZING A $30.00 PER MONTH ADDITIONAL CHARGE ON ALL WATER BILLS ISSUED BY THE TOWN, SAID CHARGE TO BE ENTITLED `RESERVES", TO BE USED FOR INFRASTRUCTURE REPAIRS, REPLACEMENTS AND IMPROVEMENTS RELATING TO THE WATER SYSTEM LOCATED WITHIN THE TOWN OF GULF STREAM; REQUIRING THAT THE TOWN MAINTAIN A SEPARATE ACCOUNT FOR THESE FUNDS WHICH SHALL 3 Town Commission Regular Meeting s Public Hearing, November 13, 2015 AT 9:00 A.M. BE LIMITED TO THE PURPOSES STATED HEREIN; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Ganger moved for the adoption of Resolution No. 15-10 this 13th day of November 2015 and the motion was seconded by Commissioner Orthwein and all voted AYE at roll call. B. Ordinances. 1. No. 15/6; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANACES AT CHAPTER 42, BUILDINGS AND BUILDING REGULATIONS, ARTICLE IV, DRAINAGE REGULATIONS, SECTION 42-94, DESIGN CRITERIA, PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (1st reading) Commissioner Orthwein moved for the approval of Ordinance No. 15/6 on first reading this 13th day of November 2015 and Commissioner Stanley seconded the motion with all voting AYE at roll call. 2. No. 15/7; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 22, NUISANCES, ARTICLE III, NOISE, DIVISION 3, NOISE ABATEMENT AND CONTROL FOR GENERATORS, SECTION 22-78, REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (13t reading) Commissioner Stanley moved to approve Ordinance No. 15/7 on first reading this 13th day of November 2015. Commissioner White seconded the motion and all voted AYE at roll call. 3. No. 15/6; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 2 ADMINISTRATION, ARTICLE II, BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT, SECTION 2-68, JURISDICTION, TO INCLUDE VIOLATIONS OF CHAPTER 58, PLANNING AND DEVELOPMENT, UNDER THE JURISDICTION OF THE SPECIAL MAGISTRATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION, PROVIDING AN EFFECTIVE DATE. (1st reading) Commissioner Orthwein moved to approved Ordinance No. 15/8 on first reading this 13th day of November 2015 and Commissioner White seconded the motion. All voted AYE at roll call. 4. No. 15/9; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE CHAPTER 70 OF THE TOWN CODE OF ORDINANCES, THE GULF STREAM DESIGN MANUAL, AT ARTICLE IV, SITE DEVELOPMENT REGULATIONS, ELIMINATING SECTION 70-71(c) INCENTIVE FLOOR AREA RATIO; AMENDING SECTION 70-77, FIRST FLOOR ELEVATION; AND 70-78, SEAWALL HEIGHT; AMENDING CHAPTER 70, ARTICLE V, AREAWIDE STANDARDS, DIVISION 1, GENERAL ARCHITECTURAL STANDARDS, AT SECTION 70-100, ROOF AND EAVE HEIGHTS; 0 Town Commission Regular Meeting & Public Hearing, November 13, 2015 AT 9:00 A.M. SECTION 70-101, WINDOWS; SECTION 70-105, GARAGES AND ACCESSORY BUILDINGS; AND SECTION 70-106, COLOR; AMENDING CHAPTER 70, ARTICLE V, DIVISION 3, GENRAL LANDSCAPE STANDARDS, SECTION 70-148 PRINCIPLES; AND CREATING A NEW SECTION 70-151; APPLICABILIY AND PERMITTING; AMENDING CHAPTER 70, ARTICLE V DIVISION 4, GENERAL OUTDOOR LIGHTING STANDARDS, SECTION 70-166, PURPOSE, CATEGORIES; AMENDING CHAPTER 70, ARTICLE VI DISTRICT STANDARDS, SECTION 70-187, TABLE OF DISTRICT STANDARDS; AMENDING CHAPTER 70, ARTICLE VII, PREDOMINATE ARCHITECTURAL STYLES, DIVISION 2, SPANISH MEDITERRANEAN REVIVAL STYLE, SECTION 70-218 ROOFS; AND ARTICLE VII, DIVISION 3, GULF STREAM -BERMUDA STYLE, SECTION 70-238, ROOFS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (1st reading) It was felt that there were some sections in this ordinance that needed clarification and Commissioner Stanley moved that action on Ordinance No. 15/9 be deferred to the Regular Meeting of December 11, 2015. Commissioner Orthwein seconded the motion and all voted AYE at roll call. C. Engineering Services Proposal-NPDES Annual Report -Mathews Commissioner Orthwein moved and Vice Mayor Ganger seconded to approve the Mathews engineering services proposal and to authorize the Mayor to execute same with all voted AYE at the roll call. D. Items by Mayor & Commissioners 1. Mayor Morgan took the opportunity to congratulate Marilyn Mayer who will have a birthday on November 26, 2015 and who is probably the most long residing resident in Gulf Stream. He reminded that her husband, Bill Mayor who passed away several years ago, was a well known polo player who played in Gulf Stream and it was at the polo fields that they met in the `50's, married and in 1960 moved into the home on Polo Drive where Marilyn has resided ever since. He remarked that she is a wonderful woman who embodies the class and dignity and traditions of Gulf Stream, and on behalf of the town he publicly wished her a happy birthday. E. Agreement for legal services. It was made clear that Jones, Foster has always represented the Town and that Attorney Randolph has been assigned to attend the town meetings and assist with town affairs. This agreement just confirms the arrangement that has been in place for many years. Commissioner Orthwein moved to approve the agreement for legal services with Jones, Foster and authorized the Mayor to execute the document. Commissioner White seconded Commissioner Orthwein's motion and all voted AYE at roll call. XI. Adjournment. Mayor Morgan adjourned the meeting at approximately 11:OOA.M. 5 Town Commission Regular Meeting & Public Hearing, November 13, 2015 AT 9:00 A.M. I Put C Rita L. Taylor Town Clerk