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HomeMy Public PortalAbout03-26 Agenda PacketCHAIRMAN: COMMITTEE MEMBER William Boardman Richard Mouw Patricia Randolph Benjamin Schreier March 21, 2014 REGULAR MEETING BEING HELD BY THE AD HOC COMMITTEE OF THE TOWN OF GULF STREAM, FLORIDA ON WEDNESDAY, MARCH 26, 2014 AT 8:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Roll Call. III. Minutes A. Meeting of February 13,2014 B. Meeting of February 28, 2014 IV. Additions, withdrawals, deferrals, arrangement of agenda items. V. Announcements. A. Meeting Dates 1. Regular Meeting a. April 9, 2014 @ 8:00 A.M. b. April 23, 2014 @ 8:00 A.M. VI. Communication from the Public (3 min. maximum) VII. Items to be considered at this meeting. A. Consider Establishment of Waivers B. Setbacks for Mechanical Equipment Sec. 70- 51(4) &Sec.70 -74 C. Fence Heights & Materials Sec. 70 -187 6. & 7. D. Installation of Sidewalks & Pathways VIII. Items by Staff. IX. Items by Committee Members. X. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE AD HOC COMMITTEE 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. 286.0105, F.S.S. .r MINUTES OF THE REGULAR MEETING HELD BY THE AD HOC COM M I T T E E OF THE TOWN OF GULF STREAM, FLORIDA, ON THURSDAY, FEBRUARY 13, 2014, AT 8:OOA.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. . CALL TO ORDER: Chairman Boardman called the meeting to order at 8:06 A.1-.1. II. ROLL CALL: Present and William Boardman Chairman Participating Richard Mouw Committee Member Patricia Randolph Committee Member Benjamin Schreier Committee Member Also Present and William H. Thrasher Town Manager CUR Participating Rita L. Taylor Town Clerk Christopher O'Hare Resident Robert Smythe Personalized Power Systems Will Ferrigno Assurance Power Systems Robert Biscardi Sun Electric Service & Repair Town Clerk Taylor announced that Committee Member David Bodker resigned from the Committee due to some residents viewing it as a conflict of interests and possibly selfaserving. Chairman Boardman inquired whether that information would be relayed to the Commission so that they can appoint someone else. Town Clerk Taylor stated that she would convey that item to the Commission. III. MINUTES OF THE REGULAR MEETING OF 1- 16 -14: Chairman Boardman corrected the statement he made in Agenda Item IV stating that it should read that the public did not have a legal right to speak at the Ad Hoc Committee Meetings. He continued that since this Committee is an Advisory Committee, the members did not have to be sworn in or file any financial statements, as per Town Counsel Randolph's research. Chairman Boardman stated that there could be an item on a future Agenda that provides a period for the public to speak. He continued that if that was not done in a civil manner, that item would be removed from the Agenda. IV. ADDITIONS. WITHDRAWALS, DEFERRALS, ARRANGEMENT OF AGENDA ITEMS: Chairman Boardman suggested accommodating the generator company representatives present at this meeting, by having them speak first under Agenda Number VIII. "Items to be Considered at this Meeting ". V. ANNOUNCEMENTS: A. Meeting Dates 1. Regular Meetings a. February 28,2014@ 8:OOA.M. b. March 12,2014@ 8:00 A.M. c. March 26,2014@ 8:OOA.M. d. April9, 2014@ 8:OOA.M. e. Apri123, 2014@ 8:OOA.M Ad Hoc Meeting Town of Gulf Stream February 13, 2014 2 Town Clerk Taylor announced the next Ad Hoc Committee Meeting would be on February 28th at 8:00 A.M. Chairman Boardman discussed the letter which was sent out to 500 households in the Town informing them of the formation of the new Ad Hoc Committee, and requesting responses from the residents as to issues they had with the Town's Design Code or the processes in implementing the Code. He continued that the Office received back eight (8) responses. VI. COMMUNICATION FROM THE PUBLIC (3- MINUTE MAXIMUM): Christopher O'Hare thanked the Ad Hoc Committee for continuing with Public Comments. He discussed his perspective of the history of the Town's Building Code. Mr. O'Hare referred to the present Code as an atrocity, and that the Design Manual was crafted as vague as possible. He referred to the present litigation regarding building violations on Town Hall property. Mr. O'Hare discussed 4' vs. 6' fence heights in Place au Soleil, with regard to privacy. He stated that he hoped that this Committee would save the Town. Chairman Boardman stated that it would be very helpful to have Mr. O'Hare write down his specific issues or concepts for the Committee Members' review. VII. CORRESPONDENCE AND SUGGESTIONS RECEIVED TO DATE: Consider establishing waivers Review Generator Regulations Mechanical Equipment Setbacks Maximum Lot Coverage Review Landscape Code Fence Heights Signs Elevation of Seawall caps Roof Color & Material North Ocean Blvd. Overlay in relation to 78' setback provision Finished Floor Elevation - Possible FEMA change to 7.5' Review Roof & Eave Heights & Entry Features Installation of sidewalks & pathways Chairman Boardman reported that on the upcoming Agendas, there will be a reminder of the topics and any changes will be addressed. He stated that the Committee should complete their task by the end of April 2014. Chairman Boardman also detailed the above -named topics created by residents and Staff to be discussed at future meetings. Committee Member Schreier referred to FEMA change to 75 item should be of consideration of this Committee. Town Clerk Taylor stated that there were items received after the Agenda was sent out to Committee Members, and she distributed them accordingly. Ad Hoc Meeting Town of Gulf Stream February 13, 2014 3 Chairman Boardman reported the additions to the original list: additional fence concerns, notification of Robert Smythe, Personalized Power Systems presence at this day's meeting, speed limits and speed bumps which he stated were not in the scope of this Committee, and Charter Revisions, with regard to architectural designs for the Commissioners, which would be put on file for the proper Committee. VIII. ITEMS TO BE CONSIDERED AT THIS MEETING: Consider establishment of waivers Review Existing Regulations for Generators Sec.22 -78 through 22 -81. Minor Accessory Setbacks - Mechanical Equipment Sec. 70 -51 & 70 -74. Town Manager Thrasher stated that there are two (2) situations with regard to generators. He continued that one has to do with the DBA decimal reading on the generators and other accessories listed in Code Section 22 -77 that deals with noise tolerance, and the other issue is in Code Section 70 -74 regarding the setback locations on the property for generators. Town Manager Thrasher reported that there are five (5) districts that have separate setback requirements for minor accessories. He described the generators' process application, a part of which requires that the factory specifications for noise rating be shown at full load, not just normal operating levels. Chairman Boardman inquired regarding the setbacks in the Town's core or Place Au Soleil. Town Manager Thrasher reported minor accessory front setbacks are 25' for the Town of Gulf Stream core district, 12' on the side interior, 17' corner side, rear interior setback is 15', on AlA is 25', and anything connected to water is 20'. These also apply in Place Au Soleil. Mr. O'Hare interrupted and stated that the DBA is useless as noise should be regulated. He suggested that the Town's Code should be more simplified, and not give so many details. Chairman Boardman stated that Mr. O'Hare should not interrupt again, which Mr. O'Hare agreed to. Robert Smythe, Personalized Power representative, stated the biggest item is the noise ordinance, and residential generators are not made to run at full load. He continued the average home generator runs at less than 50 %. Mr. Smythe said putting the generators at the property line works fine. He continued it does not say full load on the manufacturers spec sheet. Mr. Smythe reported that his equipment runs low and quiet, and meets the Town's Ordinance. He thanked the Committee for his presence at the meeting and asked to have the code changed to normal running mode which would solve all the problems. Will Ferrigno, the factory representative, stated that with most major manufacturers only one (1) identifies full running mode on their spec sheets. He also stated that it would be reasonable for the Town to work with their companies because they use quality products to meet noise requirements. Chairman Boardman inquired regarding the Village of Golf and Town of Ocean Ridge. Ad Hoc Meeting Town of Gulf Stream February 13, 2014 4 Mr. Ferrigno stated Palm Beach County's requirement is 75 decibels. He continued that Town of Gulf Stream is 66 which is the quietest. Mr. Ferrigno responded that Village of Golf is 72 decibels. Chairman Boardman inquired regarding what the equivalent code section states with the surrounding communities. Mr. Ferrigno stated that it lists normal running load. He also stated he will provide their information. Committee Member Schreier inquired how often have there been complaints from Town's residents regarding noise from generators. Town Manager Thrasher stated there have been no complaints based on the present way of establishing of the requirements. He continued that it appears that the residents are satisfied with the code to provide a quiet environment for their lifestyle. Mr. Ferrigno inquired if there were complaints with the other way. Town Manager Thrasher responded that there were verbal complaints. Mr. Ferrigno stated they are only trying to get approval for the normal product for 64 db. He continued that they are splitting hairs over 1 db. Town Manager Thrasher stated the he agrees that the spec sheet is the guiding criteria for the generator meeting the standard. Mr. Ferrigno stated that their products do meet the standards and they do suffice. He continued that there is not a cost issue to go with a lesser expensive unit. Town Manager Thrasher reported it would be difficult for someone to arbitrarily administer a code for full load or normal load. He stated that the present restrictive Town's Code works well and easily with the present staff. Mr. Ferrigno inquired why the spec sheet the Town requested was not being approved. Chairman Boardman stated that he liked the uniform standard running rate and not get into ambiguity. He also addressed the issues of setbacks with regard to being common with 15' rear setbacks in both neighborhoods. Robert Biscardi stated that the Town is much higher than most communities. Ad Hoc Meeting Town of Gulf Stream February 13, 2014 5 Committee Member Schreier inquired why other equipment was put on the Agendas. Chairman Boardman responded that he put that item on the Agenda. He continued that his concern was with the other equipment, e.g. pool heaters, pool pumps. Chairman Boardman stated that when there is major renovation at the home, that equipment is put in the rear of the home and it affects the neighbor. Board Member Schreier stated that that equipment should be placed beyond the side setbacks rather than in the backyard. He continued there should be two (2) pieces of equipment per setback. Board Member Schreier reported that there are different variables with plus and minuses for each case. Committee Member Mouw agreed to a normal load and to rely on the manufacturer's data. Chairman Boardman inquired if you can put an air conditioning unit in the back property. Town Manager Thrasher responded front, side, or rear, as long as they meet the requirements. Chairman Boardman thanked the representatives from the generator companies for their time. He reported that the Ad Hoc Committee is not an action Committee. Chairman Boardman continued that at the end of April, the Committee will submit a "package" to the ARPB Committee, and then they make a recommendation to the Commission who then approves any changes. Town Manager Thrasher in reply to a question from Mr. Smythe reported that an Ordinance could take from nine (9) to twelve (12) months. Town Manager Thrasher addressed the statements from Mr. O'Hare regarding allowing only four (4) ft. fences in Place Au Soleil as opposed to the Town allowing 6' fences in the Core. He advised that Code Section 70- 187(6) provides for 4 ft. fences in each of the districts in question. Chairman Boardman asked the Committee if they had any comments regarding the other types of equipment, e.g. pool heaters and pool pumps. Committee Member Mouw stated that the Town should adhere to normal load with regard to generators, and rely on manufacturer's data rather than having the Town do the ratings which could be flawed. Town Manager Thrasher reported that the Town does have a Noise Ordinance but there is no section in that Ordinance to have anyone going out to do any dba readings. Committee Member Schreier suggested taking the Noise Ordinances out of the code because of grey areas. Ad Hoc Meeting Town of Gulf Stream February 13, 2014 6 Town Clerk Taylor reported that there is not just one overall Noise Ordinance. She continued that those things are addressed differently, e.g. the generators are addressed, and construction noise is addressed separately. Committee Member Mouw reported a nuisance in his own neighborhood of a malfunctioning pool pump that has been very disturbing and where a decibel reading should be read. Town Manager Thrasher said a typical response from the Town would be to communicate with the homeowner regarding the noise to make sure they are aware of it, and to inform them of the annoyance to their neighbors. He continued that in 99.9% of the time, the owners are very cooperative rectifying the issue. Chairman Boardman addressed the smaller lots and the issues with pool heaters and pool pumps. He stated if someone lives on one of these exception lots, that equipment can be no closer to the property line than it is to your house. Chairman Boardman felt this to be an extraordinarily fair solution. He also stated that this was not applicable to most installations. Town Manager Thrasher referred to Code Section 70-75 which relates to special exceptions to setbacks. He continued that there are six (6) standards that must be met which includes the above - mentioned exception. Chairman Boardman repeated that the equipment has to be on the side of the house and closer to your house than the property line. Committee Member Schreier stated that this is a no win situation. He continued with examples of privacy walls between neighbors that he has built homes for. Chairman Boardman stated that he wanted easier issues on the Agenda for the first Ad Hoc Meeting. He also hoped that the Committee would shy away from creating ambiguities. Committee Member Randolph asked for an explanation of the Noise Ordinance. Town Manager Thrasher reported that in regards to noise, the Town of Gulf Stream is not as restrictive as other towns, and that we should not do away with the need of setbacks. Chairman Boardman asked for a motion on how the Town should measure the decibel levels on generators. Committee Member Schreier suggested running db levels for residential generators. He continued that he can put a generator within a setback in the Town of Boca Raton, but in Town of Palm Beach, he can put a generator between the property lines and the setback. Ad Hoc Meeting Town of Gulf Stream February 13, 2014 7 Committee Member Schreier moved and Committee Member Mouw seconded to approve running db levels at normal running for residential generators. All voted AYE. Chairman Boardman stated he did not sense that any conclusions should be reached at this time on accessory equipment. He continued that there were requests from a number of residents on how the overall process works. Chairman Boardman reported that getting a variance to a requirement is a very strict process with elements of being very difficult. He asked whether the ARPB and Commission should be able to waive the requirements with exceptional situations. Chairman Boardman reported that he has asked Town Counsel Randolph to prepare a description of how a waiver might operate, as opposed to a variance and to produce some examples of the language that other municipalities have used in waiver language. He continued that the heart of it is that "What does it take to get a waiver or a variance "? Chairman Boardman further stated that there should be some conclusion to the minor accessory items. IX. ITEMS BY COMMITTEE MEMBERS: Committee Member Mouw inquired regarding the replacement of Committee Member Bodker, who was very knowledgeable with regard to the Landscape Code. Town Clerk Taylor reported that there will be an appointment to fill his spot by the Commissioners. Chairman Boardman stated that it will be difficult to review Landscape Code, without a landscape person. Town Manager Thrasher inquired if this Committee had any suggestions regarding an appropriate landscape person, they should email them to him. Committee Member Schreier mentioned two (2) possible applicants: Novaro Williams and Joseph Peterson who would be appropriate candidates for this Committee. X. ADJOURNMENT: Chairman Boardman adjourned the meeting at 9:30 A.M. Sandra Fein Recording Secretary MINUTES OF THE REGULAR MEETING HELD BY THE AD HOC COMMITTEE OF THE TOWN OF GULF STREAM, FLORIDA, ON FRIDAY, FEBRUARY 28, 2014, AT 8:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA I. CALL TO ORDER: Chairman Boardman called the meeting to order at 8:04A.M. II. ROLL CALL: Present and Participating Also Present and Participating William Boardman Richard Mouw Patricia Randolph Benjamin Schreier William H. Thrasher Rita L. Taylor John C. Randolph Christopher O'Hare Martin O'Boyle Chairman Committee Member (j Committee Member 19 Committee Member no Town Manager Town Clerk Town Counsel Resident Resident III. MINUTES OF THE REGULARMEETING OF 2- 13 -14: Chairman Boardman stated he wished to defer approval of these minutes until the next meeting. suggested seeing the draft minutes before they are sent out in final form. IV. ADDITIONS. WITHDRAWALS. DEFERRALS. ARRANGEMENT OF AGENDA ITEMS: There were none. V. ANNOUNCEMENTS: A. Meeting Dates 1. Regular Meetings a. March 12,2014 @ 8:00 A.M. b. March 26, 2014 @ 8:OOA.M. c. April9, 2014 @ 8:OOA.M. d. April 23, 2014 @ 8:OOA.M. Chairman Boardman announced the upcoming meeting dates. He VI. COMMUNICATION FROM THE PUBLIC (3- MINUTE MAXIMUM): Christopher O'Hare inquired regarding Code Sections 66- 612 Board of Adjustments and 66 -71 referring to ARPB Chairman Scott Morgan's misunderstanding the special exceptions made at the previous day's ARPB Meeting. He also addressed the issue of changing the code to make Chairman Morgan's decision unlawful. Chairman Boardman stated that it is not the function of the Ad Hoc Committee to be considering any matters if something is wrong or right or should be changed. He continued that if Mr. O'Hare feels that there is some issue that relates to the process surrounding the code, he should submit written comments with his concerns. Mr. O'Hare suggested that a change is in order since the code is not being followed, as it is written. Ad Hoc Meeting Town of Gulf Stream February 28, 2014 2 Mr. O'Hare requested that Town Clerk Taylor put into the written record of this meeting his verbal comments in lieu of him writing them down. Chairman Boardman stated that request is noted but not necessarily accepted. Town Counsel Randolph stated that the minutes will reflect the actions of this day, but not necessarily a verbatim transcript of what was said. Town Manager Thrasher asked Town Clerk Taylor if the ARPB took final action at the prior day's meeting. Town Clerk Taylor replied "They did not. They are only a reconunending body ". Town Manager Thrasher inquired if that applies in this situation. Town Clerk Taylor replied "I believe so ". Mr. O'Hare continued to make comments after Chairman Boardman explained his 3 minutes were up. Town Counsel Randolph stated Mr. O'Hare was out of order. Mr. O'Boyle inquired regarding the charge of the Ad Hoc Committee. Chairman Boardman replied that the Committee was here to hear comments, and not under an obligation to hear public comments, at this time. He continued that the Committee will not enter into debates or discussions. Mr. O'Boyle continued asking questions which were not answered. Town Counsel Randolph explained that this was not an opportunity to ask any questions from the Committee, but rather for the public to give input so they can benefit from the comments, and move forward. W. O'Boyle further stated that he takes tremendous offense that the Town of Gulf Stream takes design ideas from Delray Beach with regard to designing homes, roofs, doors and windows in the Town of Gulf Stream. VII. ITEMS TO BE CONSIDERED AT THIS MEETING: A. Consider establishment of waivers B. Finished Floor Elevation Increase (Sec. 70 -77) C. Seawall Height & Cap (Sec. 70 -78) D. Installation of sidewalks & pathways Ad Hoc Meeting Town of Gulf Stream February 28, 2014 3 A. Consider Establishment of Waivers: Town Counsel Randolph summarized how waivers and variances work with the Design Manual. He stated that the Design Manual has certain issues that are prohibited and if that is the case, variances are required. Town Counsel Randolph fiuther commented that the ARPB does not have the discretion to grant something that is prohibited. Chairman Boardman inquired as to who would actually make a decision on a variance. Town Counsel Randolph stated that the Town Commission would make that final decision. He continued that variances were very difficult to receive because there are very difficult criteria needed to be met. Town Counsel Randolph stated that the problem exists as a result of the Design Manual requiring a variance for these things. He continued giving an example; if they have a design in their home that is prohibited, they then have to come to Town Hall to show that what they are seeking is not caused by their.own doing, and there is something unique about the parcel of land that will allow them to do that. Town Counsel Randolph further stated that a waiver process would not be as difficult for an applicant as meeting all the criteria for a variance. He referred to the memo he sent to Town Manager Thrasher and was in the Committee members' packets where he suggested that there are provisions and other codes for waivers in certain circumstances. Town Counsel Randolph stated that one way to address a waiver is to say that for good cause shown, a waiver may be granted to these provisions, which he feels is a little too broad and allows too much discretion. He continued if waivers were to be granted consideration should be given to certain criteria. Town Counsel Randolph listed the criteria: (1) granting a waiver will not cause a tangible injury to the value of other neighborhood property where it will be located (2) waiver if granted will be compatible with adjoining development within the intended district for which it will be located (3) waiver if granted will be compatible with other design elements of the structure and (4) waiver if granted will not do any injustice to the integrity of the design guidelines within the district. He suggested that the Committee should determine whether or not they want to consider some sort of alternative process other than the existing process within the Design Manual. Chairman Boardman asked for an explanation of special exceptions. Town Counsel Randolph stated that the difference between a variance and special exception is that with a variance, the burden of proof is on the applicant to show they have met all of the criteria. He continued that with a special exception, the burden of proof shifts from the applicant to the Board that is considering the application to determine the applicant has not met the standards in the Code relating to Special Exceptions. He said that it all is based on evidence by the applicant whether they have met the special exceptions criteria, which is more general than variance criteria. Town Manager Thrasher reported that special exceptions are found throughout Code Chapter 70, for different reasons. He continued with examples; square footage, setbacks, a nonconforming issue to name a few. Town Manager Thrasher stated that special exceptions can be granted but must meet the standards within that specific section of special exceptions. He said that special exceptions are difficult for a Board to Ad Hoc Meeting Town of Gulf Stream February 28, 2014 4 deny, and variances are difficult for a Board to approve. Town Manager Thrasher also stated that they both require a Level 3 Review process. He reviewed the duties of the ARPB which include to hear, to review, to consider, and make recommendations to the Board of Adjustments to approve with conditions or deny applications for development permits. Town Counsel Randolph inquired if this Committee was present to discuss design guidelines or to discuss Chapter 66 which required variances. He stated he was looking at Chapter 70 and trying to give advice as to how to make it easier for an applicant to deal with, and still protects the Town. Town Counsel Randolph continued that can be done through a waiver process. A lengthy discussion as to whether the creation of waivers would be helpful, and if so, where they might be applied in the Code. All were in agreement that they should be implemented but only in the sections that address design issues, not setbacks, heights, floor area ratios and the like. The waivers would most likely apply beginning at Section 70 -96. There was some support for moving anything related to setbacks, heights and floor area ratios into Chapter 66. There was also discussion regarding discouraged and prohibited items. It was generally thought that there may be an opportunity to include waiver possibilities with certain prohibited items. However, it was noted that this would need further careful consideration and criteria established. Town Counsel Randolph read his examples of the type of criteria which could be considered in the event a waiver is to be granted as follows: (1) Granting the waiver will not cause substantial injury to the value of other property in the neighborhood where it is to be located. (2) The waiver, if granted, will be compatible with adjoining development and the intended purpose of the district in which it is to be located. (3) The waiver, if granted, will be compatible with other design elements of the structure. (4) The waiver, if granted, will not do an injustice to the integrity of the Design Guidelines within the district. (5) The waiver, if granted, is meritorious to the Town because of its general appearance and adherence to the majority of the design elements within the structure. Town Counsel Randolph added that the waiver, if granted, will be consistent with good design and the integrity of the structure itself. Mr. O'Boyle advised his Agenda packet was incomplete, and asked if he could comment on the above examples. He discussed the importance of these matters, and the inability of his presenting his comments. Chairman Boardman stated Mr. O'Boyle could speak at the next meeting. Town Manager Thrasher reported that the Agenda packet has been on the Town's website for several days. Ad Hoc Meeting Town of Gulf Stream February 28, 2014 5 Mr. O'Boyle asked that he be given time to check for the Agenda Packet on his computer that was on the chair next to him, adding that if the material was with the agenda, then he was O.K. Mr. O'Boyle acknowledged that the material was in fact on the website. Chairman Boardman inquired if a house is in an area where it cannot be seen by anyone else due to the lot size, etc. and someone wants to make a change, would there be a greater degree of latitude for this person regarding details. Committee Member Schreier stated for example that it could be the amount of glass fenestration on the structure that could be the issue where a waiver could be considered. Town Manager Thrasher reported that issue fits into the proposed pattern of waivers following Section 70- 96. Chairman Boardman asked if the Staff could make a recommendation for the next meeting to vote on, based on the discussion at this meeting. Mr. Randolph advised he would not be present at the next meeting but work can be under way. B. Finished Floor Elevation Increase (Sec. 70- 77) C. Seawall Height & Cap (Sec. 70 -78) Town Manager Thrasher stated that both these issues are prior to Section 70 -96. He continued that these are going to be driven by Federal Law, and the code should adopt them simultaneously. Committee Member Schreier reported that the first floor elevation was a great item to be considered. He continued that FEMA sets the bar for flood insurance, and that Town of Gulf Stream sets it at 8.5 NGVD, and has elected to be above FEMA regulations. Town Manager Thrasher stated that height is measured from the finished floor to the ridge line and top of chimney. He felt this item is administrative, and should go directly to the Commission. Committee Member Schreier stated that the Town of Gulf Stream is correct in the 8.5 NGVD which is already in the code. Town Manager Thrasher stated that he wanted to mirror the required language of FEMA, as it is regulated to the Town's flood plan maps. He also stated that the seawall height and caps are also related to floor elevation. Chairman Boardman asked for a motion to refer items B. and C. directly to the Commission. Committee Member Mouw moved and Committee Member Schreier seconded to refer Items B. and C. to the Commission. ALL vote AYE- Ad Hoc Meeting Town of Gulf Stream February 28, 2014 6 D_ Installation of sidewalks & pathways Chairman Boardman advised that this item will appear on the next agenda. Chairman Boardman then thanked everyone for their input. ITEMS BY COMMITTEE MEMBERS: There were no further comments. X. ADJOURNMENT: Committee Member Schreier moved and Committee Member Mouw seconded to approve adjournment. All voted AYE. Chairman Boardman adjourned the meeting at 9:30 A.M. Sandra Fein Recording Secretary