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HomeMy Public PortalAboutPRR 14-1864Kelly Avery From: Kerry Kilday < Kilday @udkstudios.com> Sent: Monday, June 23, 2014 8:45 AM To: Ken Tuma Subject: FW: PUBLIC RECORDS REQUEST - website comments GS - Character set not allowed From: freddy farnsworth [ frederick .freddy.farnsworth @gmail.com] Sent: Sunday, June 22, 2014 9:11 PM To: Anne Booth Cc: Kerry Kilday Subject: PUBLIC RECORDS REQUEST - website comments GS - Character set not allowed This email is a Public Record Request of public records in the possession of Urban Design Kilday Studios. If you are not the Custodian of Records for this entity, please forward this email to the Custodian of Records for Urban Design Kilday Studios, 477 S. Rosemary Avenue Suite 225, West Palm Beach, Florida 33401 Dear Custodian of Records for Urban Design Kilday Studios, This is a PUBLIC RECORDS REQUEST pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes. I wish to make a public records request of your agency for the following records: Any records of comments received from Town staff or Town officials about the web site for the Town of Gulf Stream. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by §119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by §119.07(1)(f) of the Florida Statutes. Please take note of §119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within your agency whether such a record exists and, if so, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If any records are readily available, please produce those records first without waiting for all responsive records to be available. Produce the less readily available records as soon as they are available. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See §119.01(2)(f), Florida Statutes. If you anticipate the production of any of these public records to exceed $1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and /or records, as well as to distinguish the cost of labor and materials. If any records may be produced for less than $1.00, please produce those records first while waiting to obtain authorization from me to produce more costly records. Do not incur any costs that you expect me to pay which are greater than $1.00 until first obtaining my authorization to do so. All responses to this public records request should be made in writing to the following email address: frederick .freddv.farnsworth(&gmail.com Kelly Ave From: Gail C. Abbale < gabbale @gulf - stream.org> Sent: Wednesday, January 23, 2013 8:53 AM To: Marty Minor Subject: Approved Minutes / Last 3 for Commission and ARPB Attachments: D00014.PDF; D00015.PDF; D00016.PDF; D00017.PDF; D00019.PDF; D00O20.PDF; D00018.PDF Follow Up Flag: Follow up Flag Status: Flagged Good Morning Marty: Bill asked me to coordinate with Rita to forward three (3) months of approved ARPB and Commission Minutes to you. I have attached the following: Commission Regular Meeting /Public Hearing Commission Regular Meeting /Public Hearing Commission Joint Meeting of Commission & ARPB Commission Regular Meeting /Public Hearing Joint Meeting) ARPB Regular Meeting /Public Hearing ARPB Regular Meeting /Public Hearing ARPB Regular Meeting /Public Hearing Friday, October 12, 2012 Friday, November 9, 2012 Friday, December 14, 2012 Friday, December 14, 2012 (immediately following Thursday, July 26, 2012 Thursday, September 27, 2012 Thursday, October 25, 2012 The ARPB does not hold a meeting in August. Please contact me if you have any questions concerning the above. Gail Gail C. Abbale Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Phone: (561) 276 -5116 Fax: (561) 737 -0188 gabbale@gulf-stream.org MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA, ON THURSDAY, JULY 26, 2012 AT 8:30 A.M. IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order 8:30 A.M. II. Roll Call. Present and Participating III Absent w /Notice Also Present and Participating Chairman Ganger called the Meeting to order at Robert W. Ganger Scott Morgan Tom Smith Malcolm Murphy Thomas M. Stanley Paul Lyons Amanda Jones William H. Thrasher Rita L. Taylor John Randolph Roger Cope, Architect Cope Architects Benjamin Shrier, Arch Affinity Architects Jeff Brophy of Land Design South Robert Vale, Kolter Jim Boyce, Kast Const Chairman Vice - Chairman Board Member Board Member Alt. Member sitting as Board Member Board Member Alt. Member Town Manager Town Clerk Town Attorney Agent /Tom Stanley Agent /4001 N. Ocean W. Agent /4001 N. Ocean W. Rep. 4001 N. Ocean W. Rep. 4001 N. Ocean W. Vice - Chairman Morgan moved and Mr. Smith seconded Minutes of the Regular Meeting and Public Hearing 1012. There was no discussion. All voted AYE. IV. Additions, withdrawals, deferrals, arrangement of There were no chanqes. 6- 28 -12. to approve the of June 28, V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. No meeting in August b. September 27, 2012 @ 8:30 A.M. c. October 25, 2012 @ 8:30 A.M. d. November to be determined e. December 27, 2012 @ 8:30 A.M. Clerk Taylor said the Town Commission will not be changing their November Meeting Date and she suggested that the ARPB act today on scheduling their November Meeting. Mr. Smith suggested Thursday, November 15, 2012 at 8:30 A.M. There was no further discussion. All agreed. Regular Meeting and Public Hearing Town Commission - July 26, 2012 Page 2 VI. PUBLIC HEARING. A. Applications for Development Approval Chairman Ganger asked for declarations of ex -parte communication concerning either of the applications being heard. Chairman Ganger stated that he was involved in discussions at the beginning of the development of 4001 N. Ocean Blvd. East, which was over a year ago, and he said it would not pertain to this matter. There were no other declarations of ex -parte communication. Tom Stanley, ARPB Alternate sitting in as Board Member, stated that he is the owner of the property located at 3524 Oleander Way, he recused himself from that portion of the hearing and left the room. Clerk Taylor administered the Oath to: Roger Cope of Cope Architects, Agent for Stanley; Ben Shrier of Affinity Architects and Jeff Brophy of Land Design South, Agents for 4001 N. Ocean West; Bob Vale of Kolter Homes; and, Serge Della Ville, Gulf Stream Resident. 1. An application submitted by Roger Cope, as Agent for the owners, Thomas & Kirsten Stanley, of property located at 3524 Oleander Way, Gulf Stream, Florida, which is legally described as Lot 57, Gulf Stream Properties No. 2 together with that portion of the South half of the right - of -way known as Pandanus Rd. lying North of adjacent Lot 57, Gulf Stream, Florida. a. SPECIAL EXCEPTION to permit air conditioning equipment to encroach approximately 2' into the South side setback. b. DEMOLITION PERMIT to remove a portion of existing West wing and the existing one car garage. c. LEVEL 3 ARCHITECTURAL/ SITE PLAN REVIEW to permit demolition of a portion of the West wing and existing one car garage, the addition of a two car garage and expansion of the West wing, a total of 1,492 sq. ft. to the existing 1- story, single family historic Polo Cottage, and to permit an encroachment of approximately 2' into the South side setback to accommodate air conditioning equipment. Roger Cope of Cope Architects introduced himself and stated that he is representing Mr. and Mrs. Stanley in the renovation of their home. He said it is a sprawling, very linear home with a swimming pool in the rear. Mr. Cope said they are proposing a modest renovation of the historic Polo Cottage which is just south of Gulf Stream School. Mr. Cope said Gulf Stream Rd. runs along the rear of the property where most of the proposed improvements will take place. He said the existing 1- car garage will be expanded to a 2 -car garage, and the existing rear wing, which includes a bedroom, bathroom, a laundry facility and a breezeway, will be deconstructed to make it about 4' wider and slightly longer, and the breezeway will cut through from the new garage to the swimming pool. Vice - Chairman Morgan asked where the bulk of the additional square footage will be going. Mr. Cope said the garage is doubling in size, so the bulk of the additional square footage is the garage and the strip Regular Meeting and Public Hearing Town Commission - July 26, 2012 Page 3 that will be added to the West wing. Mr. Smith asked if they will be replacing the roof. Mr. Cope said the existing asphalt shingle roof is too low and will be coming down, but he said they will match the existing material. He said the windows in the new wing and garage will match the esthetic look of the existing single -hung aluminum windows, and the existing exterior color of the house, which is white, will not change. The breezeway will be open -air, but covered, and there will be French doors going into the kitchen area of the wing. Mr. Cope said they are asking approval to allow the A/C equipment to sit outside of the garage and encroach 2' into the south side setback; however, he said there will be no infringement on the neighbors. Members of the Board agreed that the proposed improvements will preserve and enhance the property. Chairman Ganger said this home may have once been used as living quarters for the polo groomsmen and it is one of the 10 oldest homes in Gulfstream. There were no further comments from the Board, Staff or the public. Mr. Smith moved and Mr. Murphy seconded to recommend approval of a special exception to permit air conditioning equipment to encroach approximately 2' into South side setback. There was no discussion. All voted AYE. Mr. Smith moved and Mr. Murphy seconded to recommend approval of a demolition permit to remove a portion of an existing West wing and the existing one -car garage. There was no discussion. All voted AYE. Mr. Smith moved and Mr. Murphy seconded to recommend approval of a Level III Architectural /Site Plan based on a finding that the proposed demolition of a portion of the West wing and existing one -car garage, the addition of a two -car garage and expansion of the West wing, a total of 1,992 SF to the existing 1- story, single family historic Polo Cottage, and to permit an encroachment of approximately 2' into the South side setback to accommodate air conditioning equipment meet the minimum intent of the Design Manual and applicable review standards. There was no discussion. All voted AYE. Mr. Stanley returned to the Dias. 2. An application submitted by James Boyce as agent for OK Seahorse, LLLP, owners of the property located at 9001 N. Ocean Blvd. on the West side of State Road AlA, legally described in metes and bounds. a. The construction of two buildings, one of Georgian and one of Anglo Caribbean architectural style, containing a total of five 2 -story villas. Mr. Randolph said the Board has before them the signed Stipulation and the Memorandum from Mr. Thrasher. He explained that the applicant had vested rights under Palm Beach County and now, as a result of the annexation, the Town's Zoning Code applies. Mr. Randolph provided some history saying that the applicant submitted a preliminary plan months ago which was not acceptable. The Mayor and Town Staff met with the applicant, they negotiated with them for several months, and now they are back with a new proposal. He said they were entitled to seven units under Palm Beach County, but only five units under the Town's Code. Regular Meeting and Public Hearing Town Commission - July 26, 2012 Page 4 Mr. Randolph said they compromised on design and density, the design and density have come a long way and they are now proposing five units. He said to avoid further dispute, this will be presented to the Commission as a compromise settlement, and he said the Board's action today is to review the application and make their recommendations to the Town Commission. Vice - Chairman Morgan asked where they compromised. Mr. Randolph said the compromise was the number of units per acre, the architectural design, and he said the setbacks were greater in the previous design. Chairman Ganger reminded the Board that the 4001 N. Ocean Blvd. project was opposed by the Community prior to the annexation and the developers worked with the Town and made compromises at that time. He said this design has come a long way from the original idea for developing the west side of AlA, which did not come close to compliance with Town Code. Benjamin Shrier of Affinity Architects introduced himself. He said the structure was divided into two masses to appear more like two single family homes, one of Georgian architecture and one Anglo Caribbean. Mr. Shrier said each structure is rectangular in configuration, they will have simple fagade treatment, and they reduced the visibility of the garages from the street. He said the 2 "d story mass was reduced to 70% of the l't floor and the height restrictions have been met, with one structure at 30'8" and the other at 32', and he said there is a 2 -story eave height of 22'. Mr. Shrier displayed a drawing showing the height comparison to the neighboring structures which indicated that the two structures are shorter than adjacent structures. Other drawings showed the entire site with the Georgian structure to the north and the Anglo structure to the south, and proposed landscaping along the front of the property which faces AlA. Chairman Ganger said he would like to see a drawing showing what will be behind the structures. Mr. Shrier said the landscape drawings will show what the rear of the structures will look like. Mr. Smith asked if the mass of the structure will fit inside the smallest line of space. Mr. Shrier said the smallest line occurs along the 2 -story portions, and in order to avoid seeing five garage doors directly facing Ocean Blvd., two free standing, one -story garage structures were designed to place one at each end of the property. Mr. Smith asked if the entrances to the property will line up with the entrances to the property on the East side of AlA and Mr. Shrier confirmed that. Chairman Ganger asked if the West side residents will have access to the East side amenities. Mr. Vale stated that they will have beach access and access to the pool and fitness center. He also stated that FDOT permit requires that the entrances on both the East and West sides of AlA are in alignment. Jeff Brophy of Land Design South introduced himself, he displayed the proposed landscape graphic, streetscape and a rendering of the landscape you will see when driving by the property. He displayed a rendering of the interior landscape plan and the front fagade of the structures, and he said the formal landscaping will be along AlA and in the front of the property. Plantings at the north and south corners of the property will be very heavy to provide adequate screening of the garages, a line of Regular Meeting and Public Hearing Town Commission - July 26, 2012 Page 5 Australian Pines and a 4 -foot Ficus hedge will be planted along AlA, with canopy and flowering trees at the north and south corners. Mr. Brophy said there will be accent palms and plants at all unit entrances, with shorter palms along the structures, Sea Grapes will be planted along the north and south elevations, and lush plantings and flowering trees will be located in the rear of the property, along with a 4 -foot retaining wall to provide screening and privacy. Each unit will have a private patio, a small sod area and a modest pool. Mr. Brophy said the private courtyards have individual gate systems and guest parking, the two accessory garages structures have separate gate systems and guest parking and there is another guest space in the open court. Each garage is a 2 -car garage, except for one interior garage which holds 2 cars and a golf cart. Mr. Brophy said the idea was to create the court, turn the garages in on the project, place the accessory garage structures at the north and south corners and turn them in as well. He displayed a simplified drawing of the setbacks for the units and the accessory garages saying that they met the 78' setback from the center line of AlA and the 25' rear setback for each unit. Each end unit has a 201•setback from the property line. The accessory structures have a 60' setback to the center line and a 15' side setback to the north and south. Mr. Smith asked if there is living space above the inside garages and Mr. Shrier said there is no living space over the garages. Mr. Smith asked if the two accessory garage structures would have ordinarily been approved. Mr. Thrasher said, due to the size of the accessory garages, they are not minor accessory structures in single family terms, but if they were single family structures the 15' setback would be acceptable. He said the tradeoff is that the garages would not face the street and the architects said they could do that, but there would have to be a give and take on the setbacks. Chairman Ganger commented that Polo Ridge could not get equipment between the structures and the property line when painting their soffits, and he said they asked L'Hermitage if they could bring the equipment on their property. He asked if there would be similar issues with their side setbacks. Mr. Brophy said it is a normal side yard with 15' and 5' of buffer. Vice - Chairman Morgan commented that the Developer has made substantial attempts to comply with Town Code, and he asked Mr. Thrasher if there were other inconsistencies besides the garage setbacks. Mr. Thrasher referred to the second sentence of his Memorandum which states that the proposal complies with either the County's land use regulations as of the date of annexation or the land use regulations planned for the West parcel by the Town. He said there were inconsistencies such as front setback of garages, maximum building lengths, maximum fagade length without breaks, lot coverage, landscape buffer and percentage of glass on the west elevation. Mr. Smith asked if there were any comments from neighboring properties. Clerk Taylor said 50 notices went out to neighbors and only one neighbor responded, and she said he is present today. Regular Meeting and Public Hearing Town Commission - July 26, 2012 Page 6 Chairman Ganger asked how many single family homes would Town Code have allowed and Mr. Thrasher said two would have been allowed. Mr. Thrasher asked Mr. Brophy what density would have been allowed by County Code and Mr. Brophy said seven units would have been allowed and they would have allowed more lot coverage than the Town. Mr. Thrasher said the Town's allowable height restriction 35' and they are proposing between 32' and 331, and he added that the layered and intensive landscape plan, which will include over 120 trees, is a result of discussions with the developers. Vice - Chairman Morgan asked how the design of the buildings would be affected if they brought the lot coverage back to the required 30 %. Mr. Shrier said they would lose significant portions of the units. Chairman Ganger asked about the size of the units. Mr. Shrier said they range in size from 3,521 SF to 3,912 SF, excluding covered patios and garages. Chairman Ganger asked about the exterior color. Mr. Boyce said it will blend with 4001 N. Ocean East, which is a creamy tan. In closing, Mr. Vale said the developers and architects worked closely with Mayor Koch, Mr. Randolph and Town Staff and they have complied in every possible way. He thanked everyone for their assistance and cooperation in allowing them to get to this point. Serge Delaville of 425 N. County, located just behind the subject property, said as long as the Town is going to do what is best for Gulf Stream, he is not against this project. However, he said neighboring residents were inconvenienced during the construction of 4001 N. Ocean Blvd. with noise and heavy dust. Mr. Delaville said it would have been helpful if residents were better informed during that project. He said a temporary fence was installed, but most of the noise came from the construction trailers during the night and early morning. Mr. Delaville said residents were hoping for a smaller project with a more charming look on the west side. He asked that neighboring residents be better informed of what to expect and when during the construction. In closing, Mr. Delaville wished everyone good luck with the project. Chairman Ganger said, during the construction of 4001 N. Ocean Blvd. East, Bellamar and Ballentrae were in constant contact with the Kolter Group and they had Kolter attend HOA meetings so that they were aware of everything that was going on. He requested that, as best as possible, construction schedules be made available to residents. Mr. Thrasher said the Town will do whatever they can to give proper notice. Mr. Delaville asked who owned the path to the beach. Tom Hill, Property Manager of Ballentrae, stated that it is their property and it is not a public right -of -way. Vice - Chairman Morgan said he was not aware of the lengthy conversations between Mayor Koch, Town Staff, Town Attorney and the developer of the property, and he said it strikes him that this comes to the ARPB as a late July submittal. He said the issue is whether the applicant received vested development rights when they purchased the property, and whether or not the vested development rights continue on through an annexed property like Gulf Stream. Vice - Chairman Morgan said he would think those rights would not apply to annexed property in a new town, Regular Meeting and Public Hearing Town Commission - July 26, 2012 Page 7 that is the Town did not change the Code, but the property was brought in by popular vote into the new Town and, therefore, should be covered by that Town's legitimate Code. He said the key to our land development Code is lot coverage and he views this as another congested property being placed within the Town. Vice - Chairman Morgan said it needs to comply with our Code in every way. He said the design is good, the landscaping is well done, but he said it is the mass that bothers him. Mr. Randolph said the annexation statute provides that, after a property is annexed, the regulations of the entity of which they were in prior to annexation travel with the land until the Town makes their decision otherwise in its Code. He said the applicant submitted their application prior to the final reading of the changes to the Code. Mr. Randolph said, with regard to lot coverage, some of the discrepancies already existed in our Code when they came in under annexation. Mr. Smith commented that neighbors will be impacted by this construction and finished project, and he said he would have preferred to have heard from more residents before making a decision. He referred to the Spence property where feedback from residents came in after the fact because everyone was gone for the summer. Mr. Smith asked the developer when he would like to start the project if this is approved within the next couple of months. Mr. Vale said they wanted to start the project while they had personnel on site and hoped the project would be complete by this time next year. He said this was not intentional timing, it just took a while to get to this point. Mr. Stanley said a 3 -unit building is not as appealing as a single family home and mass is somewhat questionable, but he said the height is good and there is adequate parking with the garages. Mr. Murphy commented that this is a unique situation and it seems there has been a lot of bending to accommodate. Chairman Ganger asked the developer if they could provide something in their presentation to the Commission that will offer a better understanding of what the project will look like. Mr. Vale said they will use today's feedback and will provide additional graphics. Mr. Stanley moved to recommend approval of the construction of two buildings, one of Georgian architecture and one of Anglo- Caribbean architecture, consisting of a total of five 2 -story units, at 4001 N. Ocean Boulevard West (West side of AlA). Mr. Randolph said that Mr. Thrasher wanted the stipulation to be approved, but he said all that was needed is the way the motion was stated. Mr. Stanley amended his motion as follows: Mr. Stanley moved and Mr. Murphy seconded to recommend approval of the proposed architectural design and site development plan after the stipulation agreement has been signed and recorded, in regard to the construction of two buildings, one of Georgian architectural style and one of Anglo- Caribbean architectural style, consisting of a total of five 2 -story units, at 4001 N. Ocean Boulevard West (West side of AlA). There was no discussion. Roll Call: Mr. Stanley, AYE; Mr. Morgan, NO; Mr. Smith, AYE; Mr. Murphy, AYE; Chairman Ganger, AYE. The motion passed by a vote of 4 - 1. Regular Meeting and Public Hearing Town Commission - July 26, 2012 Page 8 Chairman Ganger asked the Developer to provide more information in their presentation to the Town Commission on August 10th to give them a better idea of what the finished product will look like. VII. Items by Staff. There were no items by Staff. VIII. Items by Board Members. There were no items by Board Members. IX. Public. There were no items by the Public. X. Adjournment. Mr. Smith moved and Mr. Murphy seconded to adjourn. The Meeting was adjourned at 10:25 P.M. Gail C. Abbale Administrative Assistant MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, OCTOBER 25, 2012 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order 8:35 A.M. II. Roll Call. Present and Participating Absent w /Notice Also Present and Participating Chairman Morgan called the Meeting to order at Scott Morgan Amanda Jones Malcolm Murphy Paul Lyons Beau Delafield Tom Smith Ann Aker William Thrasher Rita Taylor John Randolph Hope Calhoun, Esq. of Greenspoon, Marter Tom Laudani of Seaside Builders Richard Jones of Jones Architects Dave Bodker of Dave Bodker Landscape & Architecture Joe Pike of EnviroDesign Martin O'Boyle, Res. Chairman Vice - Chairman Board Member Board Member Alt. Member sitting As Board Member Board Member Alt. Member Town Manager Town Clerk Town Attorney Rep. Applic. /Developer Tom Laudani Applic. /Developer Architect /Harbour View Landscape Architect/ Harbour View Engineer /Harbour View 2300 N. Hidden III. Minutes of the Regular Meeting and Public Hearing of 9- 27 -12. Mr. Murphy moved and Vice - Chairman Jones seconded to approve the Minute of the Regular Meeting and Public Hearing of September 27, 2012. There was no discussion. All voted AYE. IV. Additions, withdrawals, deferrals, arrangement of agenda items. Mr. Thrasher requested to re- arrange the Public Hearing Agenda to be heard as follows: Item VI.A.2.b., VI.A.3.b., VI.A.l.a., 2.a., 3.a., Item VI.4.a.,b.,c.,d. There were no objections. Chairman Morgan noted Harbour Dr. George Elmore, Res. 1320 N. Ocean Blvd. Bill Himmelrich, Res. N. Ocean Blvd. Lisa Morgan, Res. 1140 N. Ocean Blvd. Ben Schrier of Arch. /3333 N. Ocean Affinity Architects Joe Peterson of Landscape Architect/ Peterson Design Prof. 3333 N. Ocean Guy Flora of GC/3333 N. Ocean Mark Timothy Construction Tom Murphy, Esq. Rep. Audrey Schwartz Audrey Schwartz, Res. 3265 N. Ocean Blvd. III. Minutes of the Regular Meeting and Public Hearing of 9- 27 -12. Mr. Murphy moved and Vice - Chairman Jones seconded to approve the Minute of the Regular Meeting and Public Hearing of September 27, 2012. There was no discussion. All voted AYE. IV. Additions, withdrawals, deferrals, arrangement of agenda items. Mr. Thrasher requested to re- arrange the Public Hearing Agenda to be heard as follows: Item VI.A.2.b., VI.A.3.b., VI.A.l.a., 2.a., 3.a., Item VI.4.a.,b.,c.,d. There were no objections. Chairman Morgan noted Regular Meeting and Public Hearing Architectural Review and Planning Board - October 25, 2012 Page 2 that Tom Murphy, Esq., is involved in Item VI.4 and has to be in court this morning. He said, depending on how the meeting goes, Mr. Murphy may be taken out of turn to make his presentation. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. November 15, 2012 at 8:30 A.M. b. December 27, 2012 @ 8:30 A.M. c. January 24, 2013 @ 8:30 A.M. d. February 28, 2013 @ 8:30 A.M. e. March 28, 2013 @ 8:30 A.M. f. April 25, 2013 @ 8:30 R.M. Chairman Morgan noted that the November Meeting will be held early in the month and asked if anyone had a conflict. There were no conflicts with the Meeting Dates. VI. PUBLIC HEARING. Chairman Morgan asked if there was Ex -parte communication concerning any of the items being heard today. Mr. Morgan stated that he spoke with Mr. Laudani last week regarding some of the matters discussed at the previous meeting explaining why items were deferred to this meeting. There were no further declarations of Ex -parte communication. Clerk Taylor administered the Oath to the following individuals who were planning to testify during this Public Hearing: Hope Calhoun, Esq., Tom Laudani, Richard Jones, Dave Bodker, Joe Pike, Bill Himmelrich, George Elmore, Martin O'Boyle, Tom Murphy, Esq., Audrey Schwartz, Lisa Morgan, Ben Schrier, Joe Peterson and Guy Flora. Hope Calhoun, Esq., introduced herself and said she is present on behalf of the Applicant. She thanked the ARPB for their consideration and said they have gone through many drafts working with Town Staff and they believe the application has satisfied all architectural requirements. Ms. Calhoun stated that, due to possible time constraints, all testimony should be focused primarily on architectural review and then the overlay. She said issues of the plat were heard previously and are not necessarily relevant today. Ms. Calhoun requested the opportunity to re- address the Board following the presentation to respond to any questions or comments. A. Applications for Development Approval 2. An application, deferred from Public Hearing held September 27, 2012, submitted by Seaside Builders LLC as agent for Harbor View Estates LLC, owners of property located at 1220 North Ocean Boulevard, Gulf Stream, Florida, legally described as Lot 4, Hidden Harbour Estates Plat Two, a replat of Lots 4, 5 & 6, Golf Course Addition according to the plat thereof as recorded in Plat Book 15, Pages 173 & 174, Public Records of Palm Beach County, Florida. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow the removal of existing nuisance exotics and extensive Regular Meeting and Public Hearing Architectural Review and Planning Board - October 25, 2012 Page 3 planting of native species and the installation of an entrance wall and gates, a portion of which is within the 50' corridor. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a partial two -story Bermuda style single family dwelling, 3 car garage with bonus room above, 8,603 square feet, and a swimming pool. Richard Jones introduced himself and thanked the Board for recommending approval of Lot 3 and said it did go through the Commission and received approval. He said they received good comments from the ARPB at the last meeting relating to the Town's new ordinance addressing two -story mass and the appropriate methods of addressing the issue. Mr. Jones said the proposed 2 -story Bermuda Style structure will sit on the southeast lot. He said they addressed the issue of mass by breaking down the house into various portions interconnected by covered roofs, and they created courtyards to capture outdoor space. He said the color scheme is the traditional off -white with black shutters and white mitered roof. To address mass on the second floor, two balconies were added on the south elevation facing the private road and one on the north elevation facing another lot, all of which are a minimum of 24 SF and consistent with the two proposed balconies on the east elevation. In addition, they did overlays of the existing landscape and Mr. Jones said Dave Bodker created elevations showing the existing 15' no -cut zone landscaping as well as the proposed new landscaping, which will screen the entire south elevation of the home and provide ample screening on the north, east and west elevations as well. Mr. Jones said that Dave Bodker will review the proposed landscaping, Joe Pike will address any drainage questions, and the Developer, Tom Laudani, will any questions. Chairman Morgan asked what the distance will be from AlA to the gate and then to the house. Mr. Jones said it will be 50 feet to the gate and 9819" feet to the house. Chairman Morgan asked if the additional balconies are identical and asked for their depth. Mr. Jones said they are identical and they are 4' deep by 6' wide, 24 SF. Chairman Morgan asked if the addition of the balconies meets Code. Mr. Thrasher confirmed that saying Section 70 -73, Two - story, provides four options that can be used to break massing of the fagade and one option is the use of balconies that are a minimum of 24 SF. Dave Bodker introduced himself. He said they depicted the proposed and existing vegetation to show how all elevations will be seen from different property lines. Mr. Bodker said there are 19 existing trees along the south property line which will remain and any gaps will be filled in with Buttonwood trees or Fishtail palms, and a series of under plantings with various hedging. On the north elevation which faces the interior, they will plant tall Sable palms at higher elevations of the house and smaller trees throughout. The west elevation will also be seen from the interior and shade trees will be planted in several locations to break up the garage. The east elevation will be seen from AlA, there are a large number of existing trees along the east elevation Regular Meeting and Public Hearing Architectural Review and Planning Board - October 25, 2012 Page 4 that will be filled in with additional plantings and there will be additional vegetation on the north side of the entrance gate to provide sufficient screening. With regard to the wall on the south elevation as you drive down Hidden Harbour Road, Mr. Lyons asked if existing vegetation will block the wall on the south elevation. Mr. Bodker said they have already planted a 5' high Buttonwood hedge along the wall which will eventually block the wall, and he said there is also hedging on the top of the wall and along the interior of the wall. George Elmore introduced himself and questioned the Minutes of the 9/27/12 ARPB Meeting where on Page 4, Paragraph 2, it says Mr. Himmelrich is happy with the drainage and there are no issues. Mr. Elmore the drainage system works, but he said there are issues if it is not properly maintained everyone in the 1300s will be flooded and it must be resolved. He said Mr. Laudani is working on it and informed him that documents were sent to his attorney, but they have not been received. Chairman Morgan noted that this was covered in the last meeting and the conclusion was that it should be brought to the Commission for further pursuit. He said Staff will make record of Mr. Elmore's comments in the Minutes of this meeting. Ms. Calhoun confirmed that documents were sent to Mr. Elmore's attorney about two weeks ago. Lisa Morgan introduced herself and said she would like to address landscape issues exclusively and asked if the Board would hear her presentation at this time or wait until after the building has been addressed. Chairman Morgan said they will address the buildings and the immediate landscape designs first. He said there is a separate application for the overlay permit with the Australian Pines, which will be addressed separately at the conclusion of the building. Mr. Thrasher said there are two actions to be taken, one of which is on Level III and the other is a portion of this property abutting N. Ocean Blvd. where there is request for the creation of a clear zone on the east side. Chairman Morgan recommended addressing all questions on building and then move into the Overlay Permit. Vice - Chairman Jones commented that she really liked the addition of the balconies, which improves all facades of the building. Martin O'Boyle introduced himself and asked if there is a requirement under the Code for positive Drainage. Mr. Thrasher said the requirement is for the individual lots and properties to retain the first 1" of runoff on their site by either positive outfall or exfiltration trenches, or a combination of both. He said Delray Engineering will be verifying that, but he said the requirement is not restrictive to just positive outfall. Mr. O'Boyle agreed saying there are two alternatives, positive outfall and retention, and asked if runoff will be retained on site. Mr. Laudani asked Mr. Pike to answer the question and Ms. Calhoun stated that Mr. Pike can answer the question generally because drainage is not before the Board today. She said drainage issues were handled with respect to the plat during a previous hearing. Chairman Morgan said much of this was covered at the last meeting, but he said it involves our Code, which relates to ARPB activity. He asked Mr. O'Boyle to make Regular Meeting and Public Hearing Architectural Review and Planning Board - October 25, 2012 Page 5 his points so they are of record and then Mr. Pike may give a brief response; however, he said it may or may not impact the Board's decision today. Mr. O'Boyle asked Mr. Pike if the drainage required under the Code is positive or retained on site. Further, Mr. O'Boyle said there is no positive drainage, the drainage system installed is hooked into the drainage of Hidden Harbour Estates, and he said there is a declaration of record prohibiting any modification without agreement of the property owners. He expressed concern for the new homeowners who may later find out they have no rights, and he said, after what Mr. Elmore and Mr. Himmelrich experienced, he does not believe there is positive drainage and they should take a closer look. Mr. O'Boyle said the ARPB is obligated to protect homeowners and he asked if anyone present could show they have positive drainage. Mr. O'Boyle mentioned three large signs on the property between his home and the property previously owned by Mr. Wheeler property that were erected by the Developer and are prohibited. Chairman Morgan said the issue of signs should be brought to the Town Manager. He said the point raised with regard to drainage is legitimate and it should be brought before the Town Commission. Mr. Randolph said it is relevant to the ARPB that the first 1" of rainfall is retained on the property because it deals with individual lots, and he said Mr. Pike may want to address that. Mr. Pike introduced himself and said that legal positive outfall and outside retention meet the requirements of the City of Delray Beach, South Florida Water Management District (SFWMD), the Town of Gulf Stream's Engineering Consultant and two independent drainage engineers hired by the neighbors. He said there is a series of on -site collection inlets and two positive outfall pipes to the Intracoastal, which is State water. Mr. Pike said Hidden Harbour has a drainage easement, but they tied directly into the waters of the State. He said they are working on a maintenance and inspection schedule and have covered everything required by law and then some. Mr. Himmelrich introduced himself and stated that he did tell Mr. Laudani the system is working, but he said his concern is whether it will continue to work. He said there is an agreement between the neighbors and the Developer and he is concerned about the Developer honoring the agreement with regard to drainage, landscaping or any other issue. Mr. Himmelrich said he discussed this with the Town Manager and the general response is that it is not a matter of the Town, but rather a civil matter. He said he would like to go on record saying that if the Town approves any changes in the buffer it would specifically contradict the agreement the neighbors have with the Developer because the buffer is outlined with measurements. Mr. Himmelrich said he disagrees with Mr. Pike in that the drainage they installed was not set forth to the neighbors prior to installation. He said they are satisfied the system is currently working, but it was not approved as it was supposed to have been done according to the agreement. He said it may be seen as a civil matter and not a matter of the ARPB or the Commission, but it is important to know that the agreement between the neighbors and the Developer is in place. Regular Meeting and Public Hearing Architectural Review and Planning Board - October 25, 2012 Page 6 Tom Laudani introduced himself and said he would like to address Mr. Himmelrich's comments. He said his attorneys supplied Mr. Elmore's and Mr. Himmelrich's attorney with a draft of the drainage agreement for maintenance two weeks ago. He said he signed a private maintenance agreement with Centerline Utilities for semi - annual maintenance of the system due to concerns of drains clogging with leaves, etc., and he said he will continue to work with Mr. Himmelrich and Mr. Elmore to satisfy their concerns of drainage system maintenance. In addition, Mr. Laudani said the signs that are in place were approved by the Town in terms of location prior to their installation. Chairman Morgan suggested moving on with the architectural review of Lot 4, and he said the next point in the application is the Town's requirement of planting Australian Pines. Mr. Thrasher asked that the Board take action on the Level III at this point due to some concerns regarding the clear zone. To clarify, Mr. Randolph asked Mr. Thrasher if he is suggesting all matters relating to the clear zone come at the end of the Agenda and that the Board vote on the Level III first. Mr. Thrasher confirmed that. Chairman Morgan said the Level III relates strictly to the architectural plan before the Board and the immediate landscaping of the structure. Mr. Lyons moved and Mr. Murphy seconded to recommend approval of Level III Architectural /Site Plan based on a finding that the proposed partial two story single family Bermuda Style dwelling, a 3 -car garage with a bonus room, a total of 8,603 SF, and a swimming pool meet the minimum intent of the Design Manual and applicable review standards with the following conditions: 1. The electric service lines shall be buried. 2. The roof shall be white (through and through) un- textured, uncoated flat cement tile. 3. Any minor modification 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. 4. Wall and /or fences will be measured from the lowest abutting grade with a maximum height of 8' including any lighting fixtures that may be attached. 5. All chain link fencing will be screened from neighbor's view. There was no discussion. All voted AYE. 3. An application, deferred from Public Searing of September 27, 2012, submitted by Seaside Builders as agent for Harbor View Estates LLC, owners of property located at 1230 N. Ocean Blvd., Gulf Stream, Florida, legally described as Lot 6, Hidden Harbour Estates Plat Two, being a re -plat of Lots 4, 5 & 6, Golf Course Addition, Gulf Stream, Florida. a. NORTH OCEAN BLVD. OVERLAY PRMIT to allow removal of existing nuisance exotics providing for a 13' clear zone from the edge of roadway and extensive planting of native species and installation of a Regular Meeting and Public Hearing Architectural Review and Planning Board - October 25, 2012 Page 7 6'high aluminum rail fence 12' west of the east property line that will be screened with landscape material. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of an 8,857 square foot Colonial West Indies style partial two - story, single family dwelling, attached 2 car garage with 6' high walls and fences screened with landscape material around the property, and a swimming pool. Ms. Calhoun said their Architect will present the architectural features of this home and reminded the Board that all non - related issues should be considered, but that the focus remains on what is before them. She requested time to re- address the Board at the conclusion of this presentation to respond to any questions or comments. Mr. Jones said this particular home is under contract, and he described the proposed structure as a long and narrow Colonial West Indies Style, changing mass from one -story to two -story with a garage connected by a loggia and a carriage house above. He said they contacted Marty Minor of Urban Design Kilday Studios and Mr. Minor corresponded by letter with his interpretation of the Code regarding two -story mass. Mr. Jones said the Code provides options to address second -story mass, one of which allows the applicant to propose an alternative in the event the other options are not consistent with the architectural style. He said they are proposing an alternative that is consistent with the Colonial West Indies style. Mr. Jones explained that the second story will be a different color and will have a clapboard -look siding, and the roof will be a gray flat slate -look tile with mitered ridges. Mr. Jones said at the last meeting Vice - Chairman Jones commented on the half -moon window and felt it was not consistent with the architectural style, and he said they are now proposing an alternative half -moon window with a flatter arch. Mr. Jones summarized the landscape overlay saying they presented the existing 15' no -cut zone landscaping with the proposed additional landscaping. He said you will barely see the home on the north elevation, the south elevation is internal to the community and you will see a mix of landscape and architecture, and the east and west elevations are the same. Chairman Morgan said the wall along the north elevation appears to be uneven. Mr. Bodker said it is existing vegetation which is up to 18 feet high, and he said there is a gap where the drainage swale to the catch basin goes through where they are proposing new trees of about 20 feet high to plank the swale and to block the house. Mr. Lyons asked if the gap along the north elevation will be closed. Mr. Bodker said there is an easement there, but he said the proposed additional plantings will eventually close the gap. Chairman Morgan asked if the Board Members had questions or comments. Vice - Chairman Jones said she likes the flatter- arched design of the half -moon window. Mr. Lyons expressed concern about possible loss of existing vegetation and vegetation put in place to screen architecture in both the buffer zone and throughout individual lots. He said he would like to have something put in place to enforce replacement to Regular Meeting and Public Hearing Architectural Review and Planning Board - October 25, 2012 Page 8 maintain the approved landscape plan. Mr. Himmelrich stated that he lives very close to the property and expressed similar concerns with regard to open spaces and gaps in the landscaping. Mr. Laudani and Mr. Bodker assured the Board and Mr. Himmelrich that there will be sufficient landscaping for screening and it will be maintained in the future. Mrs. Morgan requested that the ARPB make a specific recommendation to the Commission concerning maintenance of the buffer around the entire development. During this discussion concerning the protection and maintenance of existing and new vegetation both in the buffer area and throughout the property, it was suggested that a landscape agreement could be put in place or deed restrictions applied to individual lots. Mr. Randolph said he would work with the Applicant's attorney, Mark Grant, to put documentation together. Mr. Murphy moved to recommend approval of Level III Architectural /Site Plan based on a finding that the proposed partial two -story single family 8,857 SF Colonial West Indies style dwelling, attached 2 -car garage, with 6' walls and fences, screened with landscape material around the property and a swimming pool meet the minimum intent of the Design Manual and applicable review standards with the following conditions: 1. Replace the two half -moon windows as shown on the north and south elevations with the proposed alternative design as presented. 2. The electric service lines shall be buried; 3. 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; 4. Wall and /or fences will be measured from the lowest abutting grade with a maximum height of 6' including any lighting fixtures that may be attached; 5. All chain link fencing will be screened from neighbor's view; and, 6. A recommendation to the Town Commission to set a condition through documents and provisions that the landscaping in the buffer areas as prescribed in the landscape plan is maintained. Mr. Randolph asked the Board if they are satisfied with the landscape plan as presented and that it provides the necessary buffer. Chairman Morgan and Mr. Thrasher said they are not satisfied. Chairman Morgan suggested including a recommendation of a deed restriction to the lots, to be incorporated in both the homeowners' association agreement and also in the individual property deeds, that the buffer property as defined in the landscape plan be maintained at the homeowners expense, that the lot foliage abounding each individual lot be maintained at that individual homeowners expense, and that it be subject to approval and supervision by the Town. Ms. Calhoun asked if the recommendation could be for appropriate documentation determined by Attorneys Randolph and Grant as opposed to a deed restriction. Mr. Randolph asked the Board if they are saying they approve the landscaping and want it to be maintained in the future and, if so, is the Board satisfied that the Regular Meeting and Public Hearing Architectural Review and Planning Board - October 25, 2012 Page 9 landscaping as shown does create a screen along the road to the abutting properties. Chairman Morgan said he does not see that on the plan, but he said there is a representation that it will create the buffer and he will accept the representation and turn it over to the Town to enforce it. Mr. Randolph explained that the deed restriction would apply to the properties themselves and provide a restriction so that the purchaser would be aware of their obligation to maintain a site screen along the boundary of their property in perpetuity. Chairman Morgan said this recommendation to the Commission should apply to all the properties and all applicable landscaping and buffer zonings, not just Lot 6, and it would be the entire responsibility of the homeowners' association. Mr. Murphy asked if the ARPB could make a recommendation that the condition to maintain the landscaping is by way of documents and provisions to be determined in discussion between Attorneys Randolph and Grant. Mr. Randolph said it requires a strong recommendation to the Commission saying that their approval is subject to there being binding provisions in place that will assure the buffer will be maintained into the future. Mr. Himmelrich commented that the site screen language is important because they have already agreed to the buffer, but he said it is important that they agree to maintain what the Board is approving from the drawings, which is a full screening of 80% of the structure. Chairman Morgan asked how they could make the recommendation apply to all of the lots, since two of the lots have already been approved without it. Mr. Randolph said he would discuss the matter with Mr. Grant. Mr. Murphy amended Condition 6 to read as follows: 6. A recommendation to the Commission to set a condition by way of binding documents and provisions that the prescribed landscaping in the landscape plan be maintained in a way to be determined through Attorney Grant and the Town Attorney. Mr. Randolph said he would recommend adding the Applicant's promise that there will be a site screen of hedging or plantings that would fully screen the property. Mr. Murphy added Condition 7, as follows: 7. The site screen as detailed in the plans which were presented to the ARPB will be provided by the Developer to the best of his ability. Mr. Lyons seconded the motion. There was no further discussion. All voted AYE. Chairman Morgan asked for a motion to incorporate the conditions made on Lot 6 to all of the lots in the subdivision. Mr. Delafield moved and Mr. Murphy seconded to recommend to the Commission that the conditions imposed on Lot 6 in terms of site screening and illustrations of the landscaping will be consistent with all of the lots in the subdivision, including Lot 3, which has already been approved by the Commission, and Lot 4, of which the ARPB has recommended approval to the Commission, by way of binding documentation and restrictions imposed by the Town Commission. Mr. Randolph said the Board can make this recommendation to the Commission, but he said he does not know how enforceable it will be based on the fact that there Regular Meeting and Public Hearing Architectural Review and Planning Board - October 25, 2012 Page 10 has already been an approval by the Commission of one of the lots. Chairman Morgan said it would be an advisory to the Commission. Mr. Randolph stated that he will be working with Mr. Grant to come up with a provision that holds the homeowners' association responsible for maintaining the buffer. There was no further discussion. All voted AYE. Chairman Morgan asked Attorney Tom Murphy to make his presentation to the Board. Mr. Murphy introduced himself and stated that he represents Audrey Schwartz who resides at 3265 N. Ocean Blvd. He said Mrs. Schwartz is looking forward to meeting her new neighbors, Mr. and Mrs. Gillman, who have purchased the property at 3333 N. Ocean Blvd. Mr. Murphy said Mrs. Schwartz has no objection to the proposed improvements on the Gillman property; however, he said it is important to her that her trees are protected during construction. He said Mrs. Schwartz would like to have her representative present when they begin removing trees and she is requesting a 30 -day notice of commencement of construction. Mr. Peterson of Peterson Design Professionals, who is the landscape architect for 3333 N. Ocean Blvd., stated that he would be happy to provide Mrs. Schwartz with 30 days notice. Chairman Morgan called for a short break at 10:15 A.M. The Public Hearing continued at 10:25 A.M. Chairman Morgan recused from this portion of the hearing because Mrs. Morgan would be making a presentation to the Board with regard to the existing canopy and buffer area of the subdivision. He turned the meeting over to Vice - Chairman Jones. Mr. Randolph asked Mr. Thrasher to give his presentation before discussion. 1. An application, deferred from Public Hearing held September 27, 2012, that was submitted by Seaside Builders LLC, as agent for Harbor View Estates, LLC owners of property located at 1224 N. Ocean Blvd., Gulf Stream, Florida, legally described as Lot 5, Hidden Harbour Estates Plat II, Replat of Golf Course Addn. Lts 4, 5 & N 92' of Lt 6, Gulf Stream, Florida. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow removal of existing nuisance exotics and some native trees providing for a 13' clear zone from edge of roadway. There was no application for a Level 3 Architectural Site Plan Review at this time, only consideration of the clear zone. Town Manager Thrasher explained that the Florida Department of Transportation right -of -way west of the pavement on AlA is included as a part of the North Ocean Boulevard Overlay District and as such he would like to address this area in relation to all three lots, numbers 4, 5 and 6. Mr. Thrasher displayed a survey of the entire plat and one of just the area along AlA and pointed out that the proposed 13' from the edge of pavement was shaded in red pencil. He further called attention to the fact that the west line of the 13' is almost the same as the easterly property line of the three lots. Regular Meeting and Public Hearing Architectural Review and Planning Board - October 25, 2012 Page 11 Mr. Thrasher advised that he had asked the developer if he would be willing to clear this area of existing plant material, some of which is nuisance exotic growth, sod and install irrigation in the 131so the Town could plant Australian Pine trees in this area. He explained that the Town had been successful in having the State declare AlA a historic and scenic highway because of the Pine canopy and a Special Act of the State Legislature had given Gulf Stream the authority to restore and extend the canopy along both sides of AlA on the right -of -way, provided they were planted beyond the clear zone. Mr. Thrasher stated that the Town has planted over 90 additional trees since the Special Acts were enacted. He pointed out that the clearing would not encroach into the landscape buffer area that the developer had provided on the private property. Lisa Morgan, the property owner south of the development, made a presentation with regard to the importance of the preservation of the natural hammock and canopy along AlA, the existing vegetation at the entrance of the subdivision and the buffer area. She said she has lived in Gulf Stream since 1996 and she supports the Australian Pines; however, she said not every project can be approved before considering the properties to be affected by removing nuisance and non - native vegetation and planting Australian Pines. Mrs. Morgan provided photos of what exists and was particularly concerned that there is very little existing vegetation to the south of the entrance of the subdivision and in the buffer area. She said taking down any of the native landscaping to make room for the Australian Pines would be a mistake. Mrs. Morgan said if it is possible to maintain the 15' buffer and plant Australian Pines in front of it, she would be all for it. She said she would hope that the ARPB would recommend to the Commission that this is not the right location to do this. Mr. Thrasher said they are not suggesting the removal of some of the large trees. He said at the request of the Town, the Developer's plan is to mitigate the trees that were native and accidentally removed. He said the DOT requirements were not as strict years ago as they are today and he said we are obligated to the 11' clear zone. Mr. Thrasher said it is true that a lot of the vegetation behind the hammock was removed, but he said there will be new plantings and screenings behind that. He said the Australian Pines do give the Town some protection with regard to the widening of the road, adding bike lanes and /or sidewalks, since they are somewhat protected by the Special Acts. Mr. O'Boyle asked if there was a requirement that none of the foliage along AlA be touched. Mr. Bodker said there is a 10' buffer. Mr. O'Boyle said Mr. Thrasher pointed out that the DOT has control over their property and he asked Mr. Thrasher why the DOT would come in now. Mr. Thrasher said there is nothing preventing them from doing what they want with property in their jurisdiction, but he said he is not implying that they are going to do that now. Several neighbors of the subdivision and Board Members expressed their concern over disturbing the vegetation along AlA in this location. Mr. Regular Meeting and Public Hearing Architectural Review and Planning Board - October 25, 2012 Page 12 Lyons said if the community does not want this he would suggest not recommending approval. Mr. Thrasher said if this is not approved the Developer would move on. Mr. Laudani said he is more than happy to comply with the wishes of the neighbors, the Town and its residents. Clerk Taylor said that it is her understanding that a motion will be required to approve the N. Ocean Blvd. Overlay Permit with the exception of the 13' clear zone, due to the fact the Overlay District extends an additional 50' onto the private property. Mr. Lyons moved and Mr. Delafield seconded to recommend approval of the North Ocean Boulevard Overlay Permit excluding the 13' clear zone with regard to Lots 9, 5 and 6. Mrs. Morgan asked about a fence 12' in from the property along Hidden Harbour Rd. Clerk Taylor said the Code mandates that any walls or fences in that zoning district facing AIA must be 12 feet back, whereas along the Beachfront District walls and fences can be along the property line, but she said it meets Code. There was no further discussion. All voted AYE. Vice Chairman Jones returned the gavel to Chairman Morgan. 9. An application submitted by Benjamin Schreier, Affiniti Architects, as Agent for Doris J. Gillman, the owner of property located at 3333 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as Part of Lot 5, Gulf Stream Ocean Tracts, Gulf Stream, Florida. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to remove existing landscape material and driveway, install new driveway and landscaping and construct5 foot perimeter wall with entry gate within the North Ocean Boulevard Corridor. b. LAND CLEARING PERMIT to relocate /clear existing landscaping material for relocation of driveway, preparation of building site and property beautification. c. DEMOLITION PERMIT to remove existing structures. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a 9,036 square foot Colonial West Indies style partial 2 -stor single family dwelling, 3 car attached garage and a swimming pool. Ben Schrier introduced himself and briefly presented the project proposed for 3333 N. Ocean Blvd. He said the new structure will be 9,036 SF, it is a Colonial West Indies Style home with clapboard style siding, a gray slate tile roof and brown windows. Mr. Schrier asked for consideration of the front entry gate which was originally proposed with an elliptical element in the center and Staff was not happy with that. He said they are proposing an alternative design which is horizontal at the top, but he said that Mr. and Mrs. Gillman would still like the Board to consider the original design. Chairman Morgan asked about shutters. Mr. Schrier said there will be some white Bahama shutters. Chairman Morgan asked about the doorway on Regular Meeting and Public Hearing Architectural Review and Planning Board - October 25, 2012 Page 13 the balcony above the entrance and asked if there was a purpose for the clumping of windows. Mr. Schrier said it will bring light into the interior. Mr. Lyons asked what the view would be from the street. Mr. Schrier said you would only see the structure as you enter through the driveway, but he said you would not see much from the street. Joe Peterson, the Landscape Architect, said there will be a 6' high privacy wall in front with trees and plantings along the wall, throughout the interior and against the home. He said there will be layers of shrubs in front and along the walkway, hedging along the sides and in the back and Coconut Palms around the pool and deck. Mr. Peterson said the existing Ficus hedge on the north elevation will be removed and replaced with a new Ficus, and he said the existing Sea Grapes will remain with additional plantings around them. Mr. Peterson said that very tall Sea Grapes will be planted along the side property lines for additional screening. He said there are some very overgrown Sea Grapes that will be removed and replaced with much denser Sea Grapes. Mrs. Schwartz mentioned the privacy wall they are proposing along N. Ocean Blvd. and was concerned about the column on her property line. She asked if the wall would meet her column and Mr. Peterson it would be about 9' from her column. Mr. Lyons was concerned with protecting the neighbors to the north and south during demolition and construction and he asked Mr. Peterson if they were going to remove all of their vegetation immediately. Mr. Peterson said they are only removing the cluster of Sea Grapes to the south and the existing Ficus hedge to the north. He said the neighbors to the north have a 6' high screen wall on their property. Mr. Peterson said there may be some period of time when there would be openings. Guy Flora of Mark Timothy Construction stated that he would be responsible for the property during construction. He said the Australian Pines will be removed immediately and they will install a screened privacy fence, and they will put up the privacy wall in the front as soon as possible. Chairman Morgan said Mrs. Schwartz asked for a 30 -day notice before commencement of construction and he asked Mr. Flora if he can do that. Mr. Flora said he can do that. Chairman Morgan asked Mrs. Schwartz if she had any other comments. Mrs. Schwartz said she would like them to do the screening to protect her property and her vegetation. Mr. Flora said they would install a chain link fence with a green shade for protection. Chairman Morgan asked Mr. Thrasher for Staff's analysis of the roof tile. Mr. Thrasher said it is consistent with the architectural style. Clerk Taylor noted that the neighbor to the north was by Town Hall to look at the plans and there were no objections. Mr. Lyons moved and Vice - Chairman Jones seconded to recommend approval of each of the following: Regular Meeting and Public Hearing Architectural Review and Planning Board - October 25, 2012 Page 14 North Ocean Boulevard Overlay Permit to allow the removal of existing landscape material and driveway, install new driveway and landscaping and construct a 5 foot perimeter wall with entry gate within the North Ocean Boulevard Corridor. Land Clearing Permit to relocate/ clear existing landscaping material for relocation of driveway, preparation of building site and property beautification. Demolition Permit to remove existing structures. Level III Architectural /Site Plan based on a finding that the proposed construction of a 9,036 SF Colonial West Indies Style partial 20story single family dwelling, 3 -car attached garage and a swimming pool meet the minimum intent of the Design Manual and applicable review standards, with the following conditions: 1. The electric service lines shall be buried. 2. Any minor modification 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. 3. Wall and /or fences will be measured from the lowest abutting grade with a maximum height of 8' including any lighting fixtures that may be attached. 4. All chain link fencing will be screened from neighbor's view. 5. The landscape plan will protect existing Australian pine trees and provide a 13' clear zone where possible allowing for the planting by the Town of two Australian pine trees on the north of the existing driveway entrance and up to eight on the north side of the existing driveway. 6. Change the proposed gate design to the alternate gate design that is less ornate. The agent has shown several gates along SR AlA, several of which are fronting homes classified with Mediterranean style architecture. 7. The property owner will give the neighbor to the south 30 days notice prior to commencement of construction. There was no further discussion. All voted AYE. VII. Items by Staff. There were no items by Staff. VIII. Items by Board Members. There were no items by Board Members IX. Public. There were no items by the Public. X. Adjournment. Chairman Morgan adjourned the meeting at 11:45 A.M. Gail C. Abbale Administrative Assistant REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 14, 2012 IMMEDIATELY FOLLOWING A JOINT MEETING OF THE TOWN COMMISSION AND THE ARCHITECTURAL REVIEW AND PLANNING BOARD THAT WAS HELD AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I II III. Call to Order. Mayor Orthwein called the meeting to order at 11:00 A.M. Pledge of Allegiance. The Pledge of Allegiance was led by the Mayor. Roll Call. Present and Participating Also Present and Participating Joan K. Orthwein Tom Stanley Muriel Anderson W. Garrett Dering Robert W. Ganger William Thrasher Rita Taylor John Randolph Garrett Ward Danny Brannon of Brannon & Gillespie Mayor Vice -Mayor Commissioner Commissioner Commissioner Town Manager Town Clerk Town Attorney Police Chief Town Undergrounding Consultant IV. Minutes of the Regular Meeting of November 9 2012. Commissioner Dering pointed out an error in the minutes on Page 11 in the motion he made concerning the landscape buffer deed restriction. Commissioner Dering said the motion should read "to impose a deed restriction for the landscape buffer to the south along Hidden Harbour Drive, and along the north property line and the east property line." The Minutes of the Regular Meeting of November 9, 2012 will be amended as corrected. Commissioner Ganger moved and Commissioner Anderson seconded to approve the minutes as amended. There was no discussion. All voted AYE. V. Additions, withdrawals, deferrals arrangement of agenda items. Clerk Taylor said Item VIII.B.2. Resolution No. 12 -16 will not be required and the Item will be deleted, and she said the Water Usage Report will be added as Item VII.D.3. VI. Announcements. A. Regular Meetings and Public Hearings 1. January 11, 2013 @ 9:00 A.M. 2. February 8, 2013 @ 9:00 A.M. 3. March 8, 2013 @ 9:00 A.M. 4. April 12, 2013 @ 9:00 A.M. 5. May 10, 2013 @ 9:00 A.M. 6. June 14, 2013 @ 9:00 A.M. There are no conflicts in the meeting schedule. Regular Meeting Town Commission - December 14, 2012 Page 2 VII. Reports. A. Utility Undergrounding -Danny Brannon (Engineer) The Town's Undergrounding Consultant, Danny Brannon of Brannon & Gillespie, stated that the issue of the clear zone is very critical to the Undergrounding project. He said there can be no obstructions above 4 inches high in the clear zone and will be very interested in the outcome of the discussions concerning the clear zone. Mr. Brannon said he will meet with Mr. Thrasher to offer some assistance with this matter. Mr. Brannon said he received a binding cost estimate from FP &L which included the correct switches, but he said the request back in November was that it would include the correct switches and for the installation to be performed by the Town. The cost estimate they provided was for installation to be provided by FP &L. He said they have contacted FP &L and they are re- estimating for the third time. Mr. Brannon said their design should not change significantly in the re- estimate, but he said they found that they included excessive equipment, such as an extra Vista Switch at a cost of $80,000, and FP &L is going back to their design team for adjustment. Mr. Brannon said he received a copy of Mr. Randolph's review and approval of the landscaping RFP to secure landscaping services which will go out within a week. Commissioner Ganger asked Mr. Brannon if the aggregate amount of the project is close to what he anticipated. Mr. Brannon said the amount was $1.2 million, which may increase by $70,000, bringing the total to approximately $1.3 million and it is on budget. Commissioner Dering asked about a start date. Mr. Brannon said as soon as they can work out the design issues they will integrate the designs with Comcast and AT &T, and he said at this point he would expect to get it out on the street in January. Commissioner Ganger commented that we have lost one year and Mr. Brannon responded saying that Comcast and AT &T layouts were received at the beginning of the year and FP &L lagged. Commissioner Dering asked if he could see the budget. Mr. Brannon said he would email it to all of the Commissioners after he has submitted to Mr. Thrasher for approval. B. Town Manager Mr. Thrasher did not have a report. C. Architectural Review & Planning Board 1. Meeting Dates a. December 27, 2012 @ 8:30 A.M. b. January 24, 2013 @ 8:30 A.M. c. February 28, 2013 @ 8:30 A.M. d. March 28, 2013 @ 8:30 A.M. e. April 25, 2013 @ 8:30 A.M. f. May 23, 2013 @ 8:30 A.M. The meeting schedule was noted by Mayor Orthwein. D. Finance Director 1. Financial Report for November 2012 Commissioner Dering asked why one report, the General Ledger, which shows a loss of $205,000 for two months and the other report shows a loss of $137,000 for two months. Mr. Thrasher said he did not have an Regular Meeting Town Commission - December 14, 2012 Page 3 explanation at this time, but he will get one. Commissioner Dering commented that some line items are already over budget within two months. He said he cannot make the operating cash in two places agree. Clerk Taylor recommended bringing this back on the January Agenda. All Commissioners agreed. 2. Optional Format - Financial Report for November 2012 There were no comments concerning this format at this time. 3. Water Usage Report - No Action Required. E. Police Chief 1. Activity for November 2012 Chief Ward requested that the Activity Report for November, 2012 be accepted as submitted. The Report was accepted. VIII. Items for Commission Action. A. Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement. Commissioner Dering asked why the other municipalities are not listed. Clerk Taylor said they are all listed as a party to this Agreement, but she did not include those pages in the Commission Meeting Packet. Commissioner Daring moved and Commissioner Ganger seconded to approve the Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement. There was no discussion. All voted AYE. B. Resolutions 1. No. 12 -15; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE APPROPRIATIONS OF BUDGET EXPENDITURES IN THE GENERAL FUND FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2012; PROVIDING AN EFFECTIVE DATE. Clerk Taylor listed the re- appropriations, as follows: Increase Administrative Salaries, $8,000; increase Police Department Salaries, $32,000; increase Police Department Benefits, $21,000, increase Fuel, $6,000; increase Salaries R & S, $5,000; increase Capital R & S, $55,000; and, decrease Undesignated Fund Balance, $127,000. Commissioner Ganger asked if this Resolution is required by law, and Mayor Orthwein confirmed that. Commissioner Dering asked why we need the Resolution, and Mr. Thrasher replied saying that we are making budget adjustments in those line items for FY 2012. Commissioner Dering asked Mr. Thrasher if he is trying to make the budget equal because we ran over budget, and Mr. Thrasher replied saying he is trying to get the line items to show positive performance. Commissioner Dering asked if these are the areas where we ran over budget. Mr. Thrasher said in those areas, yes, but he said in other areas we had surpluses. He said we anticipated a negative outfall of $430,000, the actual performance is a negative $444,000 and, therefore, we are $14,000 over the approved budget for FY 2012. However, he said within various line items we were over just budget versus actual, we had a negative variance. Mr. Thrasher said $430,000 was the budgeted Regular Meeting Town Commission - December 14, 2012 Page 4 deficit, actual performance prior to the FY 2012 Audit was approximately $444,000 and, therefore, our anticipated overall performance was off by $14,000. Commissioner Dering said suppose we do not adjust the budget. Mr. Thrasher said it could generate an Audit comment that we went over budget. Vice -Mayor Stanley said we know what the numbers are and it is best to keep negative notes off of the Audit Report. Mr. Randolph said State Law requires that when you adjust your budget and have a budget amendment it must be justified by virtue of adopting a resolution. He said it does not justify why you are off budget, but you are required to give notice if you are. Mr. Thrasher explained that the Police Department was over budget for FY 2012 and within the Town Manager's authority, he can adjust within a department if there is a surplus or a negative amount without going to the Commission for permission. However, he said if a department goes over budget he has to adjust that particular budget by going to the Commission for permission. Mr. Thrasher added that throughout the year the Police Department had to make purchases that were not budgeted for, such as the licenses dealing with communication, and he said he came to the Commission for permission for that appropriation. He said this aligns that appropriation which the Commission approved on paper. Mr. Thrasher said in actuality, what we thought would have to come out of the budget is less than anticipated, and he said it may look bad, but is a positive report, not negative. Commissioner Dering said the Commission should know about these things prior to almost 90 days after year end. Mr. Thrasher said what he is trying to explain is that the Commission approved going over the budget. Commissioner Anderson moved and Vice -Mayor Stanley seconded to adopt Resolution No. 12 -15. There was no discussion. All voted AYE. C. Items by Mayor & Commissioners Commissioner Ganger noted that there are citizens to our South near the Delray border who are exploring ways to hook onto Delray's upcoming beach renourishment. He said neither the State nor Federal Governments will provide funds for renourishment on private property, but he said Delray has a public beach and they are going to renourish where sand is not needed rather than change their permit to place sand where it is needed. Commissioner Ganger said the most severe damage has been on private property and the dune is gone. He said a group of citizens are looking for ways of investing to replace federal funding, the State will accept private investment and it is possible that Gulf Stream residents may have an opportunity to participate. Commissioner Ganger said it is highly complex and expensive, but he said the Commission may be able to inform residents of remedies available to them and they can decide whether or not they want to participate. He said either the Coalition or the Civic Association will also be involved in communicating with residents. Commissioner Anderson suggested using the Town's upcoming website'to get that information out to their residents. Mayor Orthwein said the webs•ite is almost ready. Mr. Thrasher said there are still some changes to be made, such as the addition of some of the Town's Regular Meeting Town Commission - December 14, 2012 Page 5 history and photos. He said the Commissioners and ARPB Members will be provided with a password to be able to log in and look around the preliminary website only. They will have an opportunity to make suggestions and comments prior to going live. IX. Public. There were no items from the Public. X. Adjournment. Commissioner Dering moved and Commissioner Anderson seconded to adjourn. There was no further discussion. All voted AYE. The meeting was adjourned at 11:35 A.M. Gail C. Abbale Administrative Assistant MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, SEPTEMBER 27, 2012 AT 8:30 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. The meeting was called to order by Vice - Chairman Morgan at 8:35 A.M. II. Roll Call. Present and Scott Morgan Vice - Chairman Participating Tom Smith Board Member Malcolm Murphy Board Member Amanda Jones Board Member Absent w /Notice Paul Lyons Board Member Ann Aker Alt. Member Beau Delafield Alt. Member Also Present and William Thrasher Town Manager Participating Rita Taylor Town Clerk John Randolph Town Attorney Martin O'Boyle, Resident Hidden Harbour Est. Representing Tom Laudani Developer Richard Jones of Architect Jones Architects Dave Bodker of Landscape Arch. Dave Bodker Landscape & Architecture Mark Grant, Esq. Atty. For Seaside Vice - Chairman Morgan welcomed the return of Amanda Jones, who has moved from Alternate Member to Member of the Architectural Review and Planning Board. III. Minutes of the Regular Meeting and Public Hearin of 7- 26 -12. Mr. Smith moved and Mr. Murphy seconded to approve the Minutes of the Regular Meeting and Public Hearing of July 26, 2012. There was no discussion. All voted AYE. IV. Additions, withdrawals, deferrals, arrangement of agenda items Mr. Thrasher requested that Item VI.A.4 be heard first and Item VI.A. will replace Item VI.A.4. V. Announcements. A. Meeting Dates 1. Regular Meeting & Public Hearing a. October 25, 2012 @ 8:30 A.M. b. November 15, 2012 at 8:30 A.M. c. December 27, 2012 @ 8:30 A.M. d. January 24, 2013 @ 8:30 A.M. e. February 28, 2013 @ 8:30 A.M. f. March 26, 2013 @ 8:30 A.M. Vice - Chairman Morgan asked if there will be applications for public hearing for the October meeting. Clerk Taylor said there will be one application, possibly two. There were no conflicts declared. 1 Architectural Review and Planning Board Regular Meeting and Public Hearing - September 27, 2012 Page 2 VI. PUBLIC HEARING. There were no declarations of ex -parte communication. Clerk Taylor administered the Oath to Robert Jones, Dave Bodker, Mark Grant, Martin O'Boyle and Tom Laudani. Clerk Taylor stated that she received an email addressed to the Town Commission and Architectural Review and Planning Board from Mrs. Nancy Touhey of 1200 N. Ocean Blvd. The letter was read into the record. In her letter, Mrs. Touhey said she is unable to attend public hearings concerning applications for new homes in the subdivision. She said she believes the developer failed to live up to the agreements that supported the Town's approval of the subdivision, specifically the stipulation that the arbor canopy would not be destroyed. Mrs. Touhey said she might have been more supportive of the project if the Banyan tree across from her driveway had not been cut down. She requested that any approved plans and construction of the six homes be frequently inspected by the Town to be sure the builder is abiding by conditions of approval. The letter will be filed with the Official Records of the Town of Gulf Stream. Mr. Thrasher responded to Mrs. Touhey's comments saying that he has been watching the property very closely, he has done daily inspections during business hours, after hours and on weekends. He said he also inspected the property at 2:00 A.M. during Tropical Storm Isaac. Mr. Thrasher said he has observed nothing that was not approved or permitted. A. Applications for Development Approval (In order of Agenda rearrangement). 9. An application submitted by Seaside Builders LLC as agent for Harbor View Estates LLC, owners of property located at 1222 North Ocean Boulevard, Gulf Stream, Florida, legally described as Lot 3 Hidden Harbor Estates Plat Two, according to the plat thereof as recorded in Plat Book 15, Pages 173 and 179, Public Records of Palm Beach County. a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a partial two story single family Bermuda style dwelling, a 3 car garage with guest suite, a detached outdoor seating area, a total of 9,229 square feet, and a swimming pool. Richard Jones of Richard Jones Architects introduced himself and noted his team members, including Tom Laudani, the Developer, Mark Grant, Esq., and Dave Bodker, the Landscape Architectect. He said the six lots are ready for development and each are similar in their narrow width and depth, which has created challenges with regard to buffers, setbacks and rights -of -way. He said they looked at similar communities and found ways to minimize mass and size and capture courtyards and create outdoor living space. Mr. Jones described Lot 3 as situated in the southwest corner of the subdivision with a unique view of Hidden Harbour. The proposed 2 -story Bermuda Style structure is long and narrow with an east /west orientation. It is broken up into various masses, including a detached carriage home connected by an exterior breezeway, a pool deck terrace and loggia connected to a boat house featuring a small pavilion above with views of the harbor and storage below, and balconies on the Architectural Review and Planning Board Regular Meeting and Public Hearing - September 27, 2012 Page 3 front and rear of the home. Mr. Jones said the materials are common, including smooth stucco and a mitered hip roof. Mr. Smith asked about the proposed storage area under the boat house. Mr. Jones said there is 6.5' of headroom under the sitting pavilion for miscellaneous boating storage. Mr. Smith asked about a meandering wall on the south side of property. Mr. Jones said it is an existing retaining wall which was required for subdivision approval. Mr. Smith asked where Mrs. Touhey's property entrance ties into this property. Mr. Bodker said it is near Lot 4 at the southeast corner of the property. He said the tree in question was not within the 15' buffer, it was a rotted Ficus tree with a lot of vines and it will be replaced with six native trees which will block views of the property. Vice - Chairman Morgan asked if there are additional walls planned for this property. Mr. Jones said there will be 3' entry walls at the front driveway, 314" welcome walls near the front of the home, and terrace walls at the pool deck that will be 2' at the base with 42" of railing above, and the piers are 6' tall, but he said 3.5' of that is decorative railing. Vice - Chairman Morgan commented that the three proposed homes will be similar, but he said this design is the most attractive because it is better balanced. Mr. Smith said the landscaping is the biggest concern for the neighbors. Mr. Bodker said there are 11 existing trees on the south side, two that are 40' in height and spread. They will supplement the existing with 12' high Buttonwood and Fishtail palms on the south side and they will supplement the landscaping on the west side with hedging and trees. He said there will be layering and overlapping of vegetation for additional screening around the pool area. Vice - Chairman Morgan opened the hearing to public comment. Martin O'Boyle of 23 Hidden Harbour Drive asked Mr. Randolph if the Applicant's statements made under oath are binding. Mr. Randolph said the ARPB and the Commission make decisions based on statements made under oath and if something is done that was not approved it can be revisited and additional conditions can be imposed. Mr. O'Boyle said he believes the developer is not abiding by the Agreement between the developer and the neighbors. He said the canopy was damaged and nothing has been done, and he said he requested different material for the meandering wall because it has a commercial look and is not fitting for the Hidden Harbour Development. Mr. O'Boyle was also concerned with the drainage saying there has already been flooding on the Himmelrich property. He said there were modifications to the drainage, it ties into Hidden Harbour and any drainage modification or tie -in to that community is subject to a majority vote of its residents. Mr. O'Boyle said there is no positive drainage, meaning there is no place for the water to go, it uses Hidden Harbour facilities and their covenants do not allow that. Another concern is the Interlocal Agreement with Delray Beach. Mr. O'Boyle said that Delray should have no say in the removal or installation of trees on the property. He said he has spoken to Mr. Thrasher and he wrote a letter to Mark Grant, Attorney for the Applicant concerning these matters. Architectural Review and Planning Board Regular Meeting and Public Hearing - September 27, 2012 Page 4 Mark Grant said he disagrees with Mr. O'Boyle concerning a majority vote requirement; however, he said these are private matters and not the subject before the Board at this time. He explained the flooding issue on the Himmelrich property saying that a temporary cover was in place over the drain to avoid blockage and when the cover was removed the water was gone within an hour. Mr. Grant also said the one tree that was removed was outside of the 15' landscape buffer and it was rotted and dangerous, but he said it will be replaced. Mr. Laudani introduced himself, he said he has made great strides with the property improvements and would like to address these matters with Mr. O'Boyle privately. Mr. Laudani said he spoke with Mr. Himmelrich about the flooding weeks ago and since the drain was uncovered there has been no further water accumulation, even after Tropical Storm Isaac. He said Mr. Himmelrich called him to thank him and to say there are no issues. Mr. Laudani said everything has been approved by South Florida Water Management District and other appropriate authorities and both systems are working perfectly. He described the stucco meandering retaining wall as small and low, 24" above grade with aluminum rail above, and he said there will be lush vegetation and landscaping masking the wall. Mr. O'Boyle distributed some documents to the Commissioners for their information concerning changes to the Hidden Harbour Declaration and how the changes pertain to the required signatures for approval. Vice - Chairman Morgan asked Mr. Randolph if there are legal issues beyond the ARPB that would call for a legal halting of the subdivision and does it mute what the ARPB is doing today. Mr. Randolph said the Commission gave final approval of the project and they will make that decision. He said the ARPB is only required to make a decision based on the application before them today and not to hear concerns relating to violations of the subdivision agreement or the agreement with the neighbors. Mr. Randolph said Staff has looked at many of these issues, particularly the canopy and drainage, but he said they do not relate to the architectural review. If the ARPB recommends approval of this application, he said the Commission will determine if there have been violations and they will deal with that. Mr. Randolph said the issue of the western wall may relate to this application, and he said he is reviewing the agreement between the neighbors and Harbour Estates. He said where it talks about the retaining wall it states that it requires the approval of the neighbors. He said documents such as this may come before you, but the Town does not have the jurisdiction to enforce covenants. Vice - Chairman Morgan said he agrees; however, he said the subject agreement was made a part of the subdivision approval by the ARPB and Commission. Mr. Randolph commented on Vice - Chairman Morgan's statement that the ARPB and Commission asked for an agreement between the developer and the neighbors. He said the request specifically concerned the 15' landscape buffer, the canopy and drainage, but the agreement also talks about the western wall and the neighbors having an opportunity to approve it. Mr. Architectural Review and Planning Board Regular Meeting and Public Hearing - September 27, 2012 Page 5 Randolph said the ARPB and Commission may or may not have commented on these matters, but he said he believes it is beyond the authority of the Town Commission to enforce an agreement that never came before them. However, he said the Commission does have the authority to speak out if they believe the agreement has been breached. Mr. Smith asked Clerk Taylor if the neighbors and Mrs. Touhey were notified of the applications before the ARPB. Clerk Taylor confirmed that. She explained what the Code requires concerning notification and stated that she went beyond Code requirements to cover a larger area. Clerk Taylor said that Mrs. Touhey received a notice and responded. Mr. Smith moved and Mrs. Jones seconded to recommend approval of Level III Architectural /Site Plan based on a finding that the proposed partial two -story single family Bermuda Style dwelling, a 3 -car garage with guest suite, a detached outdoor sitting area, a total of 9,229 SF, and a swimming pool meet the minimum intent of the Design Manual and applicable review standards with the following conditions: (1) The electric service lines shall be buried; (2) The roof shall be white (through and through) un- textured, un- coated flat cement tile; (3) 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; (4) Wall and /or fences will be measured from the lowest abutting grade with a maximum height of 6' including any lighting fixtures that may be attached; and (5) All chain link fencing will be screened from neighbors' view. There was no discussion. All voted AYE. 2. An application submitted by Seaside Builders LLC as agent for Harbor View Estates LLC, owners of property located at 1220 North Ocean Boulevard, Gulf Stream, Florida, legally described as Lot 4, Hidden Harbour Estates Plat Two, a replat of Lots 4, 5 & 6, Golf Course Addition according to the plat thereof as recorded in Plat Book 15, Pages 173 & 174, Public Records of Palm Beach County, Florida. Vice - Chairman Morgan stated that he would rather not address the Overlay Permit at this time and just concentrate on the house. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow the removal of existing nuisance exotics and extensive planting of native species and the installation of an entrance wall and gates, a portion of which is within the 50' corridor. (THIS ITEM DEFERRED TO THE OCTOBER 25, 2012 MEETING.) b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a partial two -story Bermuda style single family dwelling, 3 car garage with bonus room above, 8,603 square feet, and a swimming pool. Robert Jones said Lot 4 is similar to Lot 3 in width and depth, but he said it is the only lot with a direct access driveway onto AlA. He said there is a formal entry driveway through the motor court, detached structures connected by covered breezeways, multiple outdoor sitting Architectural Review and Planning Board Regular Meeting and Public Hearing - September 27, 2012 Page 6 areas, and the house wraps around the pool area. This is a four - bedroom home with the potential for a fifth bedroom above the garage, which is a detached structure with a carriage house above. Mr. Jones said Lots 3 & 4 are spec homes and will have some flexibility. He said this application meets all of the Gulf Stream Code criteria. Vice - Chairman Morgan said the north and south walls go straight up and he asked if there is any jogging back between the first and second floors of the main house. Mr. Jones said the north and south end walls are continuous, but he said there is a balcony feature extending 4' from the wall with columns and a shed roof above. Vice - Chairman Morgan said there are other walls that go straight up without deviation which gives a massy and unbalance appearance, and he said the garage is also box - shaped. Mr. Jones said the H -shape of the plan provides stepping and there are three balconies that offset. He said there is a stairway on the courtyard side of the garage leading up to the carriage house and there are small architectural details that wrap around the structure and break down mass. Mr. Bodker said there will be a tremendous amount of trees reaching 50' in height which will block the view of the house. In his review, Mr. Thrasher said he concentrated on second story coverage in comparison to first story, but did not apply the newer portion of the Code. He said there have been recent Code changes and there is a requirement upon the applicant to incorporate certain architectural features in the design. Mr. Thrasher read from Code Sec. 70 -73, Two -Story Structures (a) In order to limit the construction of bulkier homes in districts pith full second stories with small to medium lot sizes, the following restrictions shall be used: Ocean West - .70 of first floor area. (b) The use of architectural design fewtnnrnc r., vide variation among two -story single family homes is required. One more of the following features shall be incorporated within facades ing public or private roadways on any new two -story , single family e in all zoning districts: Second -story setback (minimum 5' setback addition to round level front setback); Front north (minimum 8' th; Balcony (minimum 24 SF); Arcade. The Town Commission may waive s requirement within subsection (b) if the applicant can demonstrate t these features are inconsistent with the home's architectural atvt and that the desired visual variation is provided through other measures. Mr. Thrasher said one of these elements must be incorporated in the design and if not, you must demonstrate why. He said a front porch with a depth of 8 feet, or a balcony of 24 SF, qualify as a necessary element. Mr. Jones said there is an entry portico that is 5 feet deep and could be 8 feet, and he said there are balconies on the east and west facades, but not on the north and south facades. Mr. Smith said the homes are too close to each other without incorporating some design features and he suggested they do more work with the walls and come back to the ARPB for review. Mr. Thrasher said one option is that the second story would be set back 5 feet from the first story. Vice - Chairman Morgan agreed that this application should be withdrawn and revisited. Mr. Jones said he can incorporate some stepback on the north side. Mr. Architectural Review and Planning Board Regular Meeting and Public Hearing - September 27, 2012 Page 7 Randolph said an appropriate motion would be to defer to a time certain to eliminate the need to advertise, and to have the applicant return with some of the recommended changes. He suggested the architect meet with the Town Manager to be sure they are in compliance with the Code. Mr. Smith moved and Mr. Murphy seconded to defer this application and have the applicant return to the ARPB with the recommended changes at a time certain of Thursday, October 25, 2012 at 8:30 A.M. There was no discussion. All voted AYE. Mr. Jones asked if the Board wished to discuss the Overlay Permit portion of this application. Vice - Chairman Morgan stated that two of the Board Members will be leaving at 10:50 A.M., which would result in the lack of a quorum. Mr. Laudani asked the Board to take a quick look at Lot 6. 3. An application submitted by Seaside Builders as agent for Harbour View Estates LLC, owners of property located at 1230 N. Ocean Blvd., Gulf Stream, Florida, legally Described as Lot 6, Hidden Harbour Estates Plat Two, being a re -plat of Lots 4, 5 6 6, Golf Course Addition, Gulf Stream, Florida. a. NORTH OCEAN BLVD. OVERLAY PMUT to allow removal of existing nuisance exotics providing for a 13' clear zone from the edge of roadway and extensive planting of native species and installation of a 61high aluminum rail fence 12' west of the east property line that will be screened with landscape material. (THIS ITEM DEFERRED TO THE OCTOBER 25, 2012 MEETING.) b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of an 8,857 square foot Colonial West Indies style partial two - story, single family dwelling, attached 2 car garage with 6' high walls and fences screened with landscape material around the property, and a swimming pool. Mr. Jones said there are similarities to Lots 3 and 4, such as a detached garage with a carriage house above, loggia connections, entry wall features and lush landscaping. He said there is a homeowner involved with this lot and, therefore, this will be a custom home of Colonial West Indies architecture, there will be different window articulation and different roof lines, and he said the roof material will be gray slate -like tile. Mr. Smith said the north elevation has great setbacks and features and he asked if the north elevation has straight up walls. Mr. Jones confirmed that, but he said that can be adjusted. He said Marty Minor reviewed this design and found it to be in compliance with Code. Mr. Morgan asked if they were changing the half -moon window. Mr. Jones said Mr. Minor found this window to be inconsistent with Gulf Stream Architecture, but he said they feel it works well with the architectural style. Vice - Chairman Morgan commented that the garage doors open to the streets, Code requires that they be blocked, and he asked how they will accomplish that. Mr. Jones said there will be gates. Architectural Review and Planning Board Regular Meeting and Public Hearing - September 27, 2012 Page 8 Mr. Murphy asked that the roof material be referenced when the application comes back to the ARPB for vote. Mr. Thrasher said there will be a sample to view. Mrs. Jones asked the applicant to submit a second drawing showing an alternative to the half -moon windows on that particular fagade. The applicant agreed. Mr. Randolph suggested that before this Meeting is adjourned a motion be made to defer the remainder of these items to the October 25th Meeting. Mr. Murphy moved and Mr. Smith seconded to defer this application and the remaining applications to the October 25, 2012 Meeting. There was no discussion. All voted AYE. 1. An application submitted by Seaside Builders LLC, as agent for Harbor View Estates, LLC, owners of property located at 1224 N. Ocean Blvd., Gulf Stream, Florida, legally described as Lot 5, Hidden Harbour Estates Plat II, re- plat of Golf Course Addition Lots 4, 5 & N 92' of Lot 6, Gulf Stream, Florida. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow removal of existing nuisance exotics and some native trees providing for a 13' clear zone from edge of roadway. (THIS ITEM DEFERRED TO THE OCTOBER 25, 2012 MEETING.) VII. Reoraanization of ARPB. A. Election of a Chairman Mr. Smith moved and Mr. Murphy seconded to elect Scott Morgan as Chairman of the Architectural Review and Planning Board. There was no discussion. All voted AYE. B. Election of a Vice Chairman Mr. Smith moved and Mr. Murphy seconded to elect Amanda Jones as Vice - Chairman of the Architectural Review and Planning Board. There was no discussion. All voted AYE. VIII. Items by Staff. There were no items by Staff. IX. Items by Board Members. There were no items by Members of the Board. X. Public. There were no public comments. XI. Adjournment. Mr. Smith moved and Mr. Murphy seconded to adjourn the meeting. There was no further discussion. All voted AYE. Chairman Morgan adjourned the Meeting at 10:50 A.M. Gail C. Abbale Administrative Assistant A JOINT MEETING AND PUBLIC HEARING OF THE TOWN COMMISSION AND THE ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM HELD ON FRIDAY, DECEMBER 14, 2012 AT 9:00 A.M., IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Orthwein called the Meeting to order at 9:00 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by the Mayor. III. Roll Call. Present and Joan K. Orthwein Mayor Participating Tom Stanley Vice -Mayor Muriel Anderson Commissioner W. Garrett Dering Commissioner Robert W. Ganger Commissioner ARPB Members Present and Scott Morgan Chairman Participating Amanda Jones Vice - Chairman Malcolm Murphy Board Member Paul Lyons Board Member Tom Smith Board Member Also Present Ann Aker Alt. Member Absent w /Notice Beau Delafield Alt. Member Also Present and William Thrasher Town Manager Participating Rita Taylor Town Clerk John Randolph Town Attorney Garrett Ward Police Chief Dave Bodker of Dave Landscape Arch. Bodker Landscaping Mayor Orthwein announced that this meeting is continued from November 9, 2012 and that it is a Joint Meeting of the Town Commission and the Architectural Review and Planning Board. IV. PUBLIC HEARING (Continued from November 9, 2012) A. Applications for Development Approval 1. Applications submitted by Seaside Builders LLC as agent for Harbor View Estates LLC, owners of property located at 1220, 1224 and 1230 North Ocean Blvd, Gulf Stream, Florida legally described as Lots 4, 5 and 6 Hidden Harbour Estates Plat II, Replat of Golf Course Addn. Lts 4, 5, & N 92' of Lot 6, Gulf Stream, Florida. a. NORTH OCEAN BOULEVARD PERMITS covering the AlA right -of -way adjacent to these three lots to allow removal of existing nuisance exotics and some native trees to provide for an 11' clear zone from edge of roadway for the planting of Australian pine trees by the Town and the replanting of some native species. Dave Bodker, Landscape Architect, introduced himself and said, at the Town's request, he will present a schematic plan that indicates the 11- foot area to be cleared along AIA at the Harbor View property. He said the purpose of the 11 -foot clear area is to enable the Town to plant Joint Meeting of the Town Commission and the Architectural Review And Planning Board December 14, 2012 Page 2 Australian Pines as part of their streetscape program, and he said the developer of Harbor View Estates has agreed to clear, irrigate and sod the area if the Town would like him to do so. Mr. Bodker referred to the schematic plan, which was included in the Commission and ARPB Meeting packets, and explained that the area to be cleared is designated by the pink line running across, the area in green indicates DOT safe visibility lines, which are in line with the area to be cleared, and the heavy black line indicates the Harbor View property line. He said neither the 11 -foot clear area nor the visibility lines encroach on the private property. Mr. Bodker summarized the species of the 14 trees marked for removal, explaining that the blue rea indicates the low shrub vegetation which needs to be removed to create the 11 -foot clear area, and said the 11 -foot clear area is contained in the DOT right -of -way. He noted that, based on the 35 MPH speed limit on AIA in this area, an 18' recovery zone is required by the DOT, but a reduction in width can be requested by the Town. Mr. Bodker said the trees indicated by heavy black dash lines are existing and will remain on the site, and he said 29 of them will have some impact on visibility. In addition to these trees, Mr. Bodker described the vegetation included in the landscape package for Lots 6 and 4, saying it will enhance the landscape buffer beyond the private property and will include plant material in front of the walls. In closing, Mr. Bodker said the artist's rendering attempts to illustrate what the stretch of AlA will look like if the 11 -foot area is cleared, sodded and planted with Australian Pines. ARPB Chairman Scott Morgan asked, if nothing is done and Australian Pines are not planted, will the stretch along AlA in front of these three properties be altered at all. He also asked if the Town is required to remove some of the trees and scrub regardless of-today's decision. Mr. Bodker said what is left on the site exceeds the 10' buffer that was agreed to, it is not their intention to take it out and it does not impact the houses. He said they will under -plant and add trees as mentioned earlier. ARPB Chairman Morgan asked what trees will be removed and Mr. Bodker said he was not sure how to answer because the DOT safety lines may come into play. ARPB Member Tom Smith asked how the trees to be removed are marked. Mr. Bodker said they are indicated by a black dot with an "X" through it and they are also labeled in red as to their species and size. Commissioner Ganger asked Mr. Morgan to clarify his question. Mr. Morgan asked, if Australian Pines are not planted as proposed would this area along AIA be altered by tree removal due to either right -of -way or visibility issues, or will it remain as it exists? He said his concern is removing a lot of trees unnecessarily if the Town does not move forward with planting the Australian Pines. Mr. Randolph said the Town is not obligated to remove exotics from the right -of -way. County Code relates to redevelopment of property and the responsibility of the property owner to remove exotics when they redevelop. He said the Town is not required to remove exotics if they do not plant Australian Pines, except for the issues discussed such as the visibility issue and the undergrounding project. Joint Meeting of the Town Commission and the Architectural Review And Planning Board December 14, 2012 Page 3 ARPB Member Paul Lyons asked if the DOT can elect to remove the exotics and if there is probability of that. Mr. Randolph said the DOT most likely does not care as long as site visibility triangles are not creating problems. Commissioner Ganger said change is almost inevitable and the question is do we control it or someone else. Commissioner Dering said there is a visibility issue coming out of Hidden Harbour and it should be addressed, and Commissioner Anderson confirmed that saying she was recently on the site and visibility is blocked. Mr. Lyons commented that removing only a few trees would solve the visibility issue. Commissioner Dering said he understood, by State Law, that if you tried to correct visibility you would have to clear the entire area. Mr. Bodker confirmed that and said the DOT would like you to see 400 feet down the road. He said when a site plan like this goes through the process the engineer will comment that it must comply with all DOT safety requirements. On behalf of the Commission, the ARPB and Staff, Mr. Thrasher thanked Mr. Bodker for his assistance with this matter. He said Mr. Bodker volunteered his time to gather information for this meeting and it was not an easy task. Mr. Thrasher said the Town's visibility triangle is only 15' and the green area on the plan is the visibility area to be cleared. He said the DOT Green Book Standard for a clear zone is 18 feet and he noted Mr. Bodker's comment that the Town can request a reduction in width from the DOT. Mr. Thrasher said, in gathering information from the DOT, they indicated to him that if the Town would like an 11 -foot clear zone they must file for a variance. He said the Town engaged their long -time Arborist, Way Hoyt, a landscape architect and a traffic engineer, Mr. Hoyt and his associate, Mr. Ranspach, observed the site over the weekend and the Town is now in the process of completing the required DOT paperwork. Mr. Thrasher said this affects the entire Town and the planting of Australian Pines going forward. Clerk Taylor read the letter from Way Hoyt into the record and it will be filed in the Official Records of the Town. Mr. Thrasher commented that he was told many times in the past that this program takes high priority. For those who may not be aware, he said in cooperation with FP &L the Town has Mr. Hoyt inspect every Australian Pine along AlA once a year and he applies a growth inhibitor to reduce height and promote the sprouting of green branches at lower levels. Mr. Thrasher noted that the product Mr. Hoyt uses costs $750.00 per gallon. Mayor Orthwein asked Commissioner Ganger to give a brief history of the Australian Pines. Commissioner Ganger said the Audobon Society, which was once a major benefactor of the Florida Coalition, recognized that the Australian Pines provided environmental protection to certain species of birds that South Florida wanted to keep around. He said the Spaniards brought cattle over with them in the 1800s and set the cattle free when they left. The Australian Pines were brought in by the Dept. of Agriculture in the 1800s because they grow quickly and would provide shade for an emerging cattle industry. Commissioner Ganger said Addison Joint Meeting of the Town Commission and the Architectural Review And Planning Board December 14, 2012 Page 4 Mizner brought the Australian Pines to Gulf Stream when building the Gulf Stream Golf Club and, because they grow so fast, by the 1920's they were already mature and started to create the canopy. Then, in 1991 the DOT was planning to remove them and the Gulf Stream Civic Association donated $5,000 to "Save Our Trees." He said people demonstrated and some actually tied themselves to the trees. Congressman Mark Foley supported the movement, he got 300 signatures on a petition and sponsored a Bill in Congress to protect the Australian Pines. As a result, the trees were saved and the trees saved the Town from the roads being widened by the DOT. Commissioner Ganger said the Australian Pines are a part of Gulf Stream's Brand, the canopy must be preserved and enhanced whenever possible. He said he recently spoke to George Elmore at a gathering and Mr. Elmore said he supports the program. Commissioner Dering asked if the State can require an 18 -foot clear zone if we do nothing. Mr. Thrasher said they could. Commissioner Dering said to clear the area for safety purposes we would we have to clear the area in Green by State Law, and he asked Mr. Thrasher if it would have to go to 18 feet. Mr. Thrasher said no. He explained saying the Ice Tea Grant and everything else is at 11' and, for conformity and consistency, we will apply for the variance to request the 11' clear zone. The DOT right -of -way stops about 12' from edge of pavement and beyond that it is private property. The published clear zone for the DOT Green Book is 18' and the Town will have to get permission to plant at only 111. Mr. Thrasher said for any other project of this nature, the planting of trees would have to be at least 18' from DOT travel lanes. He said the DOT representatives indicated that in order to get the 11' clear zone the exotics must be removed. The Town is applying for a variance and the DOT can turn us down. Mr. Lyons asked Mr. Thrasher what the Town will do with regard to the letter about the safety issue. Mr. Thrasher said the Town will do nothing because it is private property that does not belong to the Town. Commissioner Dering said everyone agrees there is a safety issue and obligation should be addressed. Mr. Randolph said if we are talking about the site visibility triangle relating to private property and the issue is not due to Town planting or right -of -way, there is no liability for the Town. He said the Town can look at it and advise the property owner. Commissioner Dering asked if the State has a responsibility there and Mr. Randolph said it is the responsibility of the private property owner and, if it is in the State's right -of -way it would be the State's responsibility. Mr. Smith expressed concern that trees from 8' to 30' high will be removed and replaced with 7' high Australian Pines. He recommends leaving more of the existing vegetation and then plant Australian Pines in the 10' landscape buffer. Mr. Bodker said 14 trees are tagged to be removed, along with shrubs, including a Ficus hedge which is eaten by White Fly. Mr. Thrasher said the 10' buffer is private property and the Town has no jurisdiction to plant Australian Pines on private property. Mayor Orthwein said they must be planted in the DOT right -of -way. Mr. Morgan said he did not see that in the documentation provided. Joint Meeting of the Town Commission and the Architectural Review And Planning Board December 14, 2012 Page 5 Mr. Morgan said the residents do not want to lose the natural hammock, the timing is wrong for this, and he said he it seems as though this is being done in a way that is almost unanimously opposed by the neighbors living nearby. Everyone loves the Australian Pines, but he said to plant them as proposed upsets the natural hammock, which has been there for over 50 years. He said this should have been proposed when the plat subdivision was provided and the overall landscaping design was debated, negotiated and approved. Mr. Morgan said Hidden Harbour was directed to work with the developer to come up with a plan that would be consistent with the neighborhood, which they did, and he said the canopy along AlA and Hidden Harbour was the seminal part of the agreement. He said now there is this proposal to alter the canopy and plant Australian Pines. Mr. Morgan asked if there is a way to plant the Australian Pines and preserve the canopy. Mr. Thrasher said the subdivision plat language speaks of the canopy on the south property line of this development only and does not refer to the canopy along AlA. He said this would only affect what is in the 11- foot area and behind the 11 -foot clear zone is private property with natural foliage which will remain. Commissioner Dering asked if the Australian Pines would grow if they go in 11 feet and plant them in what is there rather than removing anything. Mr. Thrasher said, in his opinion, the answer is no. He said he has been to the area and tried to figure out how to make what Commissioner Dering is suggesting work. Mayor Orthwein pointed out that there are about 300 shrubs that are going to be planted through the area also. Mr. Morgan commented that the proposed planting of the Pines seems very regimented. Commissioner Dering agreed that if it was less regimented it would appear more natural. Commissioner Stanley asked if it is possible to leave the vegetation and some trees in the 11' clear zone and plant the Australian Pines in an unregimented manner. Mr. Bodker said the Australian Pines cannot be planted in the regimented manner to achieve the look suggested. He said the plan is to remove some trees and vegetation and replace with all native trees of varied species and under - plantings, the plantings will fill in the gaps, and whatever is taken out will not impact the screening of property. Commissioner Dering asked what this will look like three years from now. Mr. Bodker said the Australian Pines depicted are huge, but it was just a graphic they found that could be superimposed on the rendering. He said these trees grow so quickly. Mr. Thrasher said, on his word, this project will not be sparse - looking when finished. He said there will be 10 feet of buffer, untouched, and immediately behind that is a landscape plan which is deed restricted and you will not see a wall. Commissioner Dering asked if more shrubs can be planted in front of the Australian Pines. Clerk Taylor said we have to consider the utilities. Mr. Brannon said there will be no surface destruction during the undergrounding. Joint Meeting of the Town Commission and the Architectural Review And Planning Board December 14, 2012 Page 6 Commissioner Anderson asked about the photos on display and Mr. Morgan explained that those were provided by Mrs. Morgan at the last ARPB Meeting. He said the purpose was to show photographing from the South by Mr. Smith's home and north to the Gulf Course. Mr. Morgan said there are no Australian Pines until you get to the Golf Course, and then there is a clump of them on the east side that were recently planted. Mayor Orthwein said that homes were purchased on the other side and they will plant Australian Pines, and she said the Knobels have some also. She said some of the buffer area is in bad shape right now and it should be cleaned, and she said this project will eventually create another canopy area. Mr. Morgan asked Mayor Orthwein if she liked the regimented look or should it be more staggered. Commissioner Dering asked if the Pines were planted in a less regimented manner, and planted in what is there, would they grow through it. Mr. Bodker said they would. Mr. Thrasher said it will not create a canopy look if they are clumped and not regimented, and he said he did not believe what is being suggested will work. Mr. Lyons asked if the planting could be done over time in an evolutionary manner. Mayor Orthwein said this will happen over time because the Town is not capable of growing that many trees at once. She said we have to agree on whether or not we are going to clean up the area, under -plant and try to keep the canopy affect, and whether they are soldiers lined up or staggared, the thought is to proceed with Australian Pines in this area. Commissioner Ganger agreed, and he said we intend to make the Australian Pine our signature tree along our AlA Corridor from one end of Town to the other. He said that is a strategic decision and if anyone disagrees with that they should say something. Commissioner Ganger said if we make a decision today, that is the decision we are making. Mr. Bodker said if they are staggered, they must be behind the 11 -foot clear zone and there is still the safety issue from the DOT and the Town must take heed of that. Commissioner Dering said we should just plant the trees in what is there. Mayor Orthwein said all we are proposing is to take out the dead and bad vegetation and replace it with native vegetation and Pine Trees. She said when we do that it will temporarily create some bare openings, but there is Ficus in there that is practically dead from White Fly and it should come out. Commissioner Stanley asked if there are conditions of approval on the D -4 and suggested considering that before deciding on how we want to plant the Australian Pines. Mr. Thrasher said the only condition he knows of is that the exotics must be removed. Commissioner Ganger said we have an obligation to the people of the Community to know what we are doing, and he said it is not a plan to just plunk a tree in now and then. He said it is debatable as to whether they are planted in a regimented manner or staggered. Commissioner Ganger said we should say that this will be predominantly Australian Pine along this Corridor and that we will plant them expeditiously and when we have them and when there is a need for them. Joint Meeting of the Town Commission and the Architectural Review And Planning Board December 14, 2012 Page 7 Mayor Orthwein asked Mr. Morgan if he is suggesting a less regimented look and Mr. Morgan confirmed that. Mayor Orthwein said we can go in and clean the area, make it lush and plant in a less regimented manner. She asked Mr. Bodker if it is possible to go forward with planting the Australian Pines and leave some of the Brazilian Pepper there. Mr. Bodker said the DOT may make us remove the invasive species. Mr. Morgan said the Town has the statutory right to maintain the Australian Pines look and asked if the Town is required to go to the State when they want to plant Australian Pines, or can Gulf Stream maintain their canopy by planting Australian Pines already under statutory authorization. Mr. Thrasher explained that he was asked to provide documentation of the clear zone green book and he asked the DOT Representative to provide the information. The information provided was that the clear zone is 18 feet. Mr. Randolph asked why we cannot plant Australian Pines within the existing canopy, and he said this is an issue that can be decided upon today and if the DOT insists on 18 feet we can come back for further discussion. Mr. Randolph said the only reason this is before you today is because the developer has agreed to clear, sod and irrigate the area and they may not want to do that with the suggested scenario. Commissioner Dering asked how long it will take to get a decision from the DOT. Mr. Thrasher said the meeting with the DOT is scheduled for December 20th and he has no idea what will be required after that. Commissioner Ganger asked if it would be better to make this decision today with the consensus of the Commission and the ARPB that we plan to continue to plant Australian Pines where legal and allow the hammock to remain to the best of our ability. Mr. Randolph said it sounds as though that is the consensus. Mr. Bodker said whatever decision is made, the area within the visibility lines in the public right -of -way that are adjacent to the property should still be cleared. Clerk Taylor said the problem is that this is a part of the North Ocean Boulevard Overlay which has not yet been approved. Mr. Randolph said there seems to be a consensus, suggested making a motion with the condition of approval that to the extent possible the canopy will be left as it exists and under -plant with Australian Pines. Clerk Taylor said it would need to finish the portion of the North Ocean Boulevard Overlay that is in the DOT Right -of -Way adjacent to the three lots. Mr. Bodker asked, if there is a motion in place saying the trees in the visibility lines will remain, what will be done if the visibility issue comes into play. Mr. Randolph said we would have to address it at that time. Commissioner Dering moved and Commissioner Ganger seconded to approve the North Ocean Boulevard Overlay Permit with the condition that, to the extent possible, the canopy will be left as is and it will be under - planted with Australian Pines in a staggered manner with a replant of some native species, provided this meets the requirements of the State of Florida. Mr. Randolph said the meeting with the DOT takes place on December 20, 2012 and, if necessary, the Commission can come back to this issue for Joint Meeting of the Town Commission and the Architectural Review And Planning Board December 14, 2012 Page 8 further discussion if it does not meet DOT requirements. Commissioner Dering asked why a variance is necessary. Mayor Orthwein said it is because of the new requirements which call for an 18 -foot clear zone. There was no further discussion. All voted AYE. V. Public. There were no comments from the Public. VI. Adjournment. The Meeting was adjourned at 10:50 A.M. Gail C. Abbale Administrative Assistant MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, NOVEMBER 9, 2012 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I II III. Call to Order. Mayor Orthwein called the Meeting to order at 9:03 A.M. Pledge of Allegiance. The Pledge of Allegiance was led by Mayor Orthwein. Roll Call. Present and Participating Also Present and Participating IV. Minutes of Commission Minutes of discussion Joan K. Orthwein Tom Stanley Muriel Anderson W. Garrett Daring Robert W. Ganger William Thrasher Rita Taylor John Randolph Lt. Edward Allen Mark Grant, Esq. of Greenspoon, Marter Tom Laudani of Seaside Builders Richard Jones of Jones Architects Dave Bodker of Dave Bodker Landscape & Architecture Joe Pike of EnviroDesign Martin O'Boyle, Res. Mayor Vice -Mayor Commissioner Commissioner Commissioner Town Manager Town Clerk Town Attorney Gulf Stream Pol. Dept. Rep. Applic. /Developer Tom Laudani Applic. /Developer Architect /Harbour View Landscape Architect/ Harbour View Engineer /Harbour View 23 N. Hidden Harbour Dr. Lisa Morgan, Res. 1140 N. Ocean Blvd. Nancy Touhey, Res. 1200 N. Ocean Blvd. Ben Schrier of Arch. /3333 N. Ocean Affinity Architects Joe Peterson of Landscape Architect/ Peterson Design Prof. 3333 N. Ocean Guy Flora of GC/3333 N. Ocean Mark Timothy Construction of October 12 r Ganger moved and Vice -Mayor the Regular Meeting of October All voted AYE. tanley seconded to approve the 12, 2012. There was no V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes. VI. Announcements. A. Regular Meetings and Public Hearings Regular Meeting and Public Hearing Town Commission - November 9, 2012 1. December 14, 2012 @ 9:00 A.M. 2. January 11, 2013 @ 9:00 A.M. 3. February 8, 2013 @ 9:00 A.M. 4. March 8, 2013 @ 9:00 A.M. 5. April 12, 2013 @ 9:00 A.M. 6. May 10, 2012 @ 9:00 A.M. Mayor Orthwein noted the upcoming meetings. Page 2 There were no conflicts. VII. PUBLIC HEARING. Clerk Taylor asked for declarations of Ex -Parte communication concerning the items on the Public Hearing Agenda. Commissioner Ganger stated that he spoke with Lisa Morgan concerning her objections to the N. Ocean Blvd. Overlay Permit request. Commissioner Anderson stated that she walked the strip of the proposed Overlay Request. Mayor Orthwein stated that she had a conversation with Lisa Morgan concerning her objections to the N. Ocean Blvd. Overlay Permit request. Clerk Taylor administered the Oath to Mark Grant, Esq., Tom Laudani, Richard Jones, Dave Bodker, Joe Pike, Martin O'Boyle, Lisa Morgan, Cuppy Kraft, Nancy Touhey, Ben Schrier, Joe Peterson and Guy Flora. A. Applications for Development Approval 1. An application submitted by Seaside Builders LLC, as agent for Harbor View Estates, LLC owners of property located at 1224 N. ocean Blvd., Gulf Stream, Florida, legally described as Lot 5, Hidden Harbour Estates Plat II, Replat of Golf Course Addn. Lots 4, 5 & N 92' of Lt 6, Gulf Stream, Florida. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow removal of existing nuisance exotics and some native trees providing for a 13' clear zone from edge of roadway. For clarification, Mr. Randolph said the N. Ocean Blvd. Overlay Permit Application is listed as submitted by the Developer, but he said the Town is requesting the Overlay Permit as it relates to the Australian Pines plantings, the Developer is involved because the Town asked if he would sod and irrigate if approved, and the Developer has agreed to do so. Commissioner Ganger asked Mr. Randolph if that statement was made at the October ARPB Meeting. Mr. Randolph said the statement was not made, but a presentation was made by Mr. Thrasher to that effect. The Developer's Attorney asked if the Commissioners would consider hearing the applications of the houses before hearing the Overlay Permit request. Commissioner Ganger asked Mr. Grant if he made the same request at the October ARPB Meeting. Mr. Grant said he is not taking a position on the Overlay Permit and he did not make the request, someone else requested the Agenda change. Mr. Randolph stated that Mr. Grant's request is appropriate. Mayor Orthwein agreed that the item will be addressed following the presentations of the houses. Attorney Mark Grant introduced himself and stated that he represents the Developer. He said the ARPB recommended approval, with conditions, of the two Level III Applications being heard, he asked that the Commissioners focus deliberations only on what is before them, and he Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 3 reserved the right to respond to any comments or questions concerning either application. Commissioner Ganger said a year ago everyone was concerned with what these six houses would look like and how it the subdivision would develop over time. Mr. Grant said these homes comply with all criteria and they will not have the cookie - cutter look. 2. An application submitted by Seaside Builders LLC as agent for Harbor View Estates LLC, owners of property located at 1220 North Ocean Boulevard, Gulf Stream, Florida, legally described as Lot 4, Hidden Harbour Estates Plat Two, a replat of Lots 4, 5 & 6, Golf Course Addition according to the plat thereof as recorded in Plat Book 15, Pages 173 & 174, Public Records of Palm Beach County, Florida. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow the removal of existing nuisance exotics and extensive planting of native species and the installation of an entrance wall and gates, a portion of which is within the 50' corridor. ITEM WILL BE HEARD FOLLOWING ITEM VII.3.B. b. LEVEL 3 ARCHITECTURAL /BITE PLAN REVIEW to permit the construction of a partial two -story Bermuda style single family dwelling, 3 car garage with bonus room above, 8,603 square feet, and a swimming pool. Richard Jones of Jones Architects introduced himself, he stated that he represents the Developer and he thanked the ARPB for their approval of the first three houses. He said all six houses in the subdivision will show diversity, they will be an asset to Gulf Stream and there will be nothing cookie - cutter about their design, detail or construction. Mr. Jones described the house on Lot 4 at the SE corner of the property as a partial two -story classic Gulf Stream Bermuda style with white - washed stucco, black shutters and railings, a white flat concrete tile roof with mitered corners and ample balconies surrounding the home on all four elevations. To break down mass Mr. Jones said they have arranged pieces of the structure around central courtyards providing outdoor spaces and they have created buffers with landscaping. He said the theme in the subdivision is carriage homes and all three homes have pool courtyards with ample outdoor living space, varied stepped roof lines and varied massing from one -story to two - story. Mr. Jones said to address the concerns of mass they added two balconies on the south elevation, similar to the balconies on front and rear elevations, and they added one balcony on the north elevation which faces an adjacent lot. He said the existing vegetation in the no -cut zone has been meticulously maintained by the Developer, and the proposed landscaping was designed by Dave Bodker who did the research, tagged the trees and visited the site making sure all species are accurately noted and preserved in the no -cut zone. Mr. Jones said the landscaping was designed to provide a buffer for existing neighbors as well as new residents, and he said this house will hardly be seen from the south elevation along Hidden Harbour Dr. Commissioner Ganger said the Developer assured everyone that he would maintain the character of the Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 4 property as well as the neighborhood and community, and he said it was a heavily- wooded property at the outset and it is expected that it will come back to that with six houses and heavy landscaping. Mr. Thrasher asked for the front setback on Lot 4 and Mr. Jones said it is very close to 100 feet from AlA and will be consistent with Lot 6. He said they want to recapture the estate -feel of the previous property with long driveways and the houses set back. Mr. Thrasher asked the distance from the home as compared to the front edge of AlA. Mr. Jones said 50 feet from the edge of pavement to the structure would have met Code, but the distance is 1151. He said they pulled the structure back to nearly 100 feet with a straight drive that enters a motor court directly on axis with the front door, through the house, out to the pool and terminates at the 2 -story carriage house /3 -car garage, with no garage entry visible from AlA. Dave Bodker, Landscape Architect, introduced himself. Mr. Bodker said there are 19 existing trees along the south property line of Lot 4 which will be supplemented with a number of Green Buttonwood trees with under - plantings of Green Buttonwood shrubs, Wild Coffee, Silver Buttonwood and a variety of native shrubs along the outside of the retaining wall. He said Fishtail Palms, Alexander Palms, Oak Trees and Podocarpus Hedge will be planted along the interior of the wall. Mr. Bodker said the Podocarpus Hedge will be 4' high at planting and will grow about 6 inches to a foot a year. He said there is a variety of existing trees along AlA which will be supplemented with a large variety of native under - plantings in the buffer between AlA and the proposed entrance wall and gate. Mr. Bodker said they will remove some of the Brazilian Pepper Trees and replace them with Green Buttonwood Trees in that area. Mayor Orthwein asked why they are not planting more Ficus. Mr. Bodker said the nurseries are not releasing it due to White Fly. Mayor Orthwein said she understands that it is the State that mandates the removal of the Brazilian Peppers and other non - native vegetation and wanted everyone to be aware of that. Mr. Bodker confirmed that the State mandates the removal. Lisa Morgan of 1140 N. Ocean Blvd. asked Mr. Bodker to be more specific concerning the State Statute for the removal of Brazilian Peppers. Mr. Bodker said the State mandates that Brazilian Peppers on any property that is to be developed must be removed when the property is developed. He said they will remove some Brazilian Pepper and under -plant with native shrubs from 24" to 48" high. The plantings will be more formal in front of the wall and will include Clusia Hedge and Silver Buttonwood, and on the inside of the gate and around the motor court they will plant Live Oak Trees, Podocarpus Hedge and Mulberry. Taller palms will be planted along the 2 -story portion of the house and smaller native trees along the 1 -story portion on the north elevation, around the courtyard and pool area there will be a mixture of lush vegetation, and they will plant taller palms to soften the impact of the garage on the west elevation. Mayor Orthwein mentioned that this home will have a private driveway from AlA. Mr. Randolph stated that the ARPB raised the question of how to assure the neighbors and residents that the landscape buffer will remain in Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 5 place. He suggested a deed restriction be put in place, which would run with the land, and anyone purchasing the properties would know of the restriction that the buffer will remain in place. Mr. Randolph said the ARPB suggested he meet with Mr. Grant to come to an agreement on this, which he did. He said Mr. Grant has stated that the developer has no objection to a deed restriction which will provide that the buffer will remain in place and, if not, the Town can intervene, replace the buffer and place a lien on the property if necessary. Further, Mr. Randolph said the developer has agreed that this would also apply to Lot 3, which was previously approved. Commissioner Ganger said the Minutes indicate that this is a voluntary decision on the part of the Developer. Mr. Randolph confirmed that. Mr. Thrasher asked for the width of the driveway entrance off of AlA and Mr. Jones said it is 12 feet, and he said the actual motor court is lower than AlA, which will enhance the screening from AlA. Mrs. Morgan asked Mr. Bodker if he guarantees the hedge will grow to completely screen the wall. Mr. Bodker said he cannot guarantee that, but he said Green Buttonwoods will be planted at 32" to 48" on the lower outside of the wall that will grow to 12' in six to eight years. He said there will be a hedge on the upper level with 12' Fishtail Palms, 26' to 28' Alexander Palms on the west elevation to screen the 2 -story garage, and Green Buttonwoods under - planted with Silver Buttonwoods, providing three layers of plant material. Mrs. Morgan asked how far back from the 10' buffer would the improvements start. Mr. Bodker said the wall is 50 feet back from AlA, there are existing trees and they will plant 20' Green buttonwoods, native under - plantings inside and outside of the 10' buffer with a more formal setting near the wall in front of the property. Mrs. Touhey of 1200 N. Ocean Blvd. said she is unhappy over the removal of the Banyan Tree, she said the wall is incomplete, none of the trees have been replaced yet and she asked when replanting will begin. She said the wall stops at her driveway, which is off of Hidden Harbour Dr., there are sticks, under - plantings and debris in that area, and she said the Developer promised that the buffer would be immediate. Mr. Laudani said a lot of the wall is hidden by vegetation, but it extends west down Hidden Harbour Dr. about 30' to 40' to Lot 3. He said tree removal was restricted within the 15' buffer to the north and south and 10' to the west and, therefore, all of those trees remained in place. Mr. Laudani said the Banyan Tree was removed, but it was outside of the buffer zone and they immediately planted larger vegetation when they installed the walls. He said there will be further enhancement to all screening during construction of the homes on Lots 3 and 4 along Hidden Harbour Dr., offered to have Mr. Bodker meet with Mrs. Touhey in private to provide more detail and answer her questions. Mayor Orthwein asked when planting will begin. Mr. Laudani said it is usually toward the end of construction due to grading and physical constraints associated with the foundation, stem wall and lot construction. He said it is practical to plant at that time to ensure the survival rate of the plantings. Mr. Laudani said these trees will be covered under a covenant providing that future owners will be responsible to maintain them. Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 6 Mr. O'Boyle of 23 Hidden Harbour Dr. introduced himself and said there is a private agreement with the Developer providing that the canopy will not be touched, but he said he and Mrs. Touhey know the canopy was touched, and in a letter to Tom Murphy the Mayor acknowledge that it was damaged. He said he understands the Town cannot interfere in private agreements, but he said they are obligated to protect residents and it should be fixed. Mayor Orthwein asked Mr. O'Boyle to restrict comments to the subject of the homes, and she said any other comments can be made during the public portion. Mr. O'Boyle asked if he could talk about drainage. Mr. Randolph said the engineer previously testified that they meet the requirements relating to onsite retention of water for all lots. He said it is a separate matter if Mr. O'Boyle is referring to drainage for the subdivision. Mr. O'Boyle said Mr. Pike also previously testified that the drainage was tied into the Hidden Harbour Estates drainage system for all six houses. Mayor Orthwein said the ARPB recommended approval of this application with conditions. Mr. Randolph said he and Mr. Grant are putting the deed restriction together and he asked the Commissioners if they are satisfied that the plans as presented provide sufficient buffer from Hidden Harbour. Further, he said construction is disruptive and he suggested that the Commission require construction screening be put in place. Mayor Orthwein asked Mr. Laudani about cleaning up the area Mrs. Touhey referred to and about erecting a construction buffer prior to construction. Mr. Laudani said they have done some cleanup and will do more, they will erect a temporary green screen inside the 15' buffer along Hidden Harbour property lines prior to construction, and he said he does not object to that being a condition of approval. He said once they break ground on the two lots the structures will be done in 10 months. Vice -Mayor Stanley asked if a condition should be added relating to the buffer going forward on each house. Mr. Randolph suggested a condition that the deed restriction will apply to Lot 3 and that there will be a sufficient buffer along Hidden Harbour Dr. Mr. Grant said there is a private agreement requiring the 15' buffer on the south to remain. He said they are willing to enter into that agreement with the Town and the Town can enforce the replacement of the 15' buffer, as well as any plant screenings on the lots, if damaged or removed. Mr. Randolph said now is the time for the Commission to require additional landscaping between Hidden Harbour Dr. and the homes it they feel it is necessary to create more buffer. Vice -Mayor Stanley asked about an exhibit to the deed restriction describing what the buffer consists of. Mr. Laudani said the landscape plan will be the exhibit. Vice -Mayor Stanley said that any additional landscaping required by the Commission today must then be added to the landscape plan. Mr. Grant asked the Commission to allow him and Mr. Randolph to work out the terms of the deed restriction for the buffer on lots along Hidden Harbour Dr. He said they are creating a Homeowners' Association that will be responsible for maintaining the private road and the 15' and 10' buffer areas, and the individual homeowners will be responsible for maintaining the landscaping beyond that. Mr. Randolph said as other Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 7 homes and landscape plans come before the Commission, consideration can be given at that time as to whether or not deed restrictions will be necessary. He asked if the proposed buffer height will be in place at the time of planting. Mr. Grant confirmed that saying that the landscape plan calls for specific vegetation height at planting. Mr. Laudani suggested that Mr. Randolph require that it be in place when the final landscape inspection takes place just prior to Certificate of Occupancy. He said the additional planting next to the canopy are will take place during construction and prior to completion of the homes. Mrs. Morgan said the deed restriction should include the buffer zone along AIA. She said vegetation can be destroyed in a storm or by accident and residents would like to know that what replaces destroyed vegetation will provide sufficient buffer at planting. Mr. Randolph said the intent of the deed restriction is to include the landscape plan as an exhibit and will provide that the owner of the property shall maintain in place the visual buffer in perpetuity and if an act of God strikes down one of those trees that property owner will be required to replace the tree so that the visual buffer remains in place. Mr. Grant added that the property owner will have to replace it with what was originally required in the landscape plan, which will be included as the exhibit to the deed restriction. Cuppy Kraft of 10 Little Club Rd. asked if there will be restrictions as to how high property owners can allow their screening vegetation to grow. For example, she said the Podocarpus Hedge will only be 4' at planting and does not seem sufficient for screening. Mr. Randolph said the deed restriction will provide that if the Town Commission feels there is a break in the buffer and the property owner does not take care of it, the Town can address it and place a lien on the property. He said the Commissioners must make a determination today as to whether the plan meets their satisfaction for screening the property. Commissioner Anderson suggested including an "at least ". Commissioner Ganger said it is important for the Commission to consider screening height. Mr. Randolph said he did not think the Podocarpus was being planted to screen the house. Mr. Bodker explained that the vegetation will be tiered and he said the Podocarpus Hedge is the lower tier with some existing Areca Palms. The next tier of proposed foliage will be planted at 12' and there will be another tier of taller Alexander Palms behind that. He said the plant list is on the plans and include the installation heights. Mrs. Touhey recommended other native vegetation to be used. Mrs. Morgan said the surrounding neighborhood has more variety of vegetation. Mr. Bodker said everything he is using in the buffer is native. Mr. Grant said Mr. Bodker is a licensed landscape architect and has proposed native vegetation that will provide the best screening, and he asked the Commission to approve the plan as presented. Commissioner Ganger said he believes they have presented a good plan and suggested they move on to make a decision. Mr. O'Boyle commented that each Commissioner voting for approval should have reviewed the plan and be satisfied with every aspect and, if not satisfied, they should vote for disapproval. In addition, he said once Mr. Grant and Mr. Randolph have completed the Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 8 deed restriction, residents should be allowed to review and make comments at the next meeting. Mayor Orthwein asked for Commission comments. Vice -Mayor Stanley said in terms of the house he is satisfied with the plan as presented. Commissioner Anderson said she would prefer further definition of screening height and Mayor Orthwein agreed. Commissioner Ganger also agreed that the screening height should be better defined and suggested that it be maintained at 61. Mr. Randolph said the Commission can make a separate motion for the deed restriction and he explained what the deed restriction will provide. He said it can provide that the house will be screened in the manor as stated in the exhibit attached and it can say that the hedge will be maintained to at least 6 feet. Commissioner Daring moved and Commissioner Ganger seconded to approve Level III Architectural /Site Plan based on a finding that the proposed partial two -story single family Bermuda style dwelling, a 3 -car garage with a bonus room, a total of 8,603 SF, and a swimming pool meet the minimum intent of the Design Manual and applicable review standards with the following conditions: 1. The electric service lines shall be buried. 2. The roof shall be white (through and through) un- textured uncoated flat cement tile. 3. 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. 4. Wall and /or fences will be measured from the lowest abutting grade with a maximum height of 6' including any lighting fixtures that may be attached. 5. All chain link fencing will be screened from neighbor's view. 6. Construction fencing will be erected prior to any work activity. 7. Landscaping, approved as submitted, will provide sufficient screening from Hidden Harbour Dr., and a deed restriction, as drawn by Town Attorney John Randolph and Attorney for the Developer Mark Grant, will apply to ensure the continuation of the buffer. There was no discussion. All voted AYE. Mayor Orthwein called for a 5- minute break at 10:50 A.M. The Public Hearing commenced at 10:55 A.M. 3. An application submitted by Seaside Builders as agent for Harbor View Estates LLC, owners of property located at 1230 N. Ocean Blvd., Gulf Stream, Florida, legally described as Lot 6, Hidden Harbour Estates Plat Two, being a re -plat of Lots 4, 5 & 6, Golf Course Addition, Gulf Stream, Florida. a. NORTH OCEAN BLVD. OVERLAY PERMIT to allow removal of existing nuisance exotics providing for a 13' clear zone from the edge of roadway and extensive planting of native species and installation of a 6'high aluminum rail fence 12' west of the east property line that will be screened with landscape Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 9 material. ITEM WILL BE HEARD FOLLOWING ITEM VII.3.B. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of an 8,857 square foot Colonial West Indies style partial two - story, single family dwelling, attached 2 car garage with 6' high walls and fences screened with landscape material around the property, and a swimming pool. Mr. Jones described the proposed house on Lot 6 at the NE corner of the subdivision as a partial 2 -story Colonial West Indies style dwelling, providing a variation in design, but with the similar theme of breaking mass by pulling portions of the structure into other structures all connected under roof and forming courtyards. He said this house will have varied roof lines with charcoal gray - colored slate -look flat tile with gable ends. The second level will have lap siding with a slight variation in color from the smooth stucco texture below, which is characteristic of the Colonial West Indies style. Mr. Jones said he received a letter from Marty Minor of Urban Design Kilday Studios addressing how they meet the intent of breaking down mass by alternating the texture of the exterior wall material and variation of color on the second level, and also by exploring an alternative to the half -moon feature window and flattening it a bit, as recommended by Amanda Jones of the ARPB. He said other distinguishing details that have been incorporated is solid wood overlay over the garage doors, the solid mahogany front doors, a series of wood brackets and a consistent, but slightly varied, window design. Mr. Jones said the proposed landscape design for this lot, though more dense, will be similar to the landscape design for Lot 4. Commissioner Ganger asked about the wood on the garage door. Mr. Jones said it is a metal door with a N" solid skin wood overlay with a Cypress or Cedar stain. Commissioner Anderson complimented the alternate half - moon window. Commissioner Ganger said this house has a very unique look and asked if there are any homes in Gulf Stream with a similar look. Mr. Jones said the Colonial West Indies style is very popular in South Florida and there are some in Palm Beach and Delray Beach. Vice -Mayor Stanley asked about the wall around the front of this property. Mr. Jones said there is a wall with very heavy landscape vegetation. He said this house is under contract and they have asked for more landscaping than typical for privacy purposes. Commissioner Dering asked if a deed restriction would be required for the north side. Mr. Randolph said his deed restriction concerns relate to the Hidden Harbour side, not the north. He said the conditions included in the motion require the property owner to go back to the ARPB with major modifications to the landscaping and to the Town Manager with minor modifications. Commissioner Dering asked if we will require future homeowners to maintain the 10' buffer on the north side. Mr. Randolph said only if it is a concern of the Town. Commissioner Dering asked if there are any landscaping restrictions between the west side of Lot 6 and the east side of Lot 1 where they face each other on the inside of the property. Mr. Bodker said there are no restrictions on the inside Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 10 of the property. Commissioner Ganger said this landscaping is very lush and sets the bar pretty high. Mr. Bodker displayed the west elevation of the house showing a fence around the property line with a hedge along the fence. He pointed out the interior spine road coming in off of AlA and turning north where Royal Poinciana and Live Oak trees will be planted around the property. Mr. Bodker said it is not a complete buffer there, but it is adequate for the neighborhood on the interior of the property. Mr. Thrasher asked Mr. Jones to identify the setback of this home from the property line and from paved edge of road. Mr. Jones said the carriage house is quite a bit in front of the main structure and the setback from AIA is 87 feet with an additional 15 feet to paved edge of road making it almost 100 feet. Nancy Wibblesman, a resident of Gulf Stream, asked if the Developer could erect a construction fence on the north side of the property to protect those neighbors. Mr. Laudani said he would be happy to erect construction fencing along the north side property line. Mrs. Morgan stated that Mr. Himmelrich, whose house faces south toward this property, wanted to attend this meeting and had a conflict. On his behalf, Mrs. Morgan said he would ask for the same courtesy of a deed restriction to maintain the buffer on his side. Mr. Laudani stated for the record that he is in the process of meeting with Mr. Himmelrich and Mr. Elmore to address the issue. Commissioner Daring moved and Commissioner Anderson seconded to approve Level III Architectural /Site Plan based on a finding that the proposed partial two -story single family 8,857 SF Colonial West Indies style dwelling, attached 2 -car garage, with 6' walls and fences, screened with landscape material around the property and a swimming pool meet the minimum intent of the Design Manual and applicable review standards with the following conditions: 1. Replace the two half -moon windows as shown on the north and south elevations with the proposed alternative design as presented. 2. The electric service lines shall be buried. 3. 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. 4. Wall and /or fences will be measured from the lowest abutting grade with a maximum height of 6' including any lighting fixtures that may be attached. 5. All chain link fencing will be screened from neighbor's view. G. Construction fencing will be erected along the north side property line prior to any work activity. 7. Landscaping, approved as submitted, will provide sufficient screening along the north side of the property, and a deed restriction, as drawn by Town Attorney John Randolph and Attorney for the Developer Mark Grant, will apply to ensure the maintenance of the 10' buffer on the north side. There was no discussion. All voted AYE. Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 11 For the Record, Mr. Randolph said there will be a deed restriction for Lot 3 for the landscape buffer to the south along Hidden Harbour Dr. He said this was a voluntary from the property owner. Mayor Orthwein called for a motion. Commissioner Dering moved and Commissioner Anderson seconded to impose a deed restriction for the landscape buffer to the south along Hidden Harbour Dr., and along the north property line and the east property line. There was no discussion. All voted AYE. Mrs. Touhey said the hours of construction have frequently been abused and she requested that the Town enforce the construction hours are from 8:00 A.M. to 5:00 P.M. The Commissioners agreed that the Town will enforce the hours of construction. A. Applications for Development Approval 1. An application submitted by Seaside Builders LLC, as agent for Harbor View Estates, LLC owners of property located at 1224 N. Ocean Blvd., Gulf Stream, Florida, legally described as Lot 5, Hidden Harbour Estates Plat II, Replat of Golf Course Addn. Lots 9, 5 & N 92' of Lt 6, Gulf Stream, Florida. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow removal of existing nuisance exotics and some native trees providing for a 13' clear zone from edge of roadway. Mr. Thrasher said the developer has addressed everything west of the clear zone with deed restrictions for Lots 4 and 6 and is not required to present this issue of the clear zone. As a representative of the Town, Mr. Thrasher said he asked the Developer if he would provide the sodding, irrigation and landscaping of the clear zone and he agreed to do so. He said he prepared a simple drawing of the area as it relates to this property for the Overlay Permit and copies are available. Mr. Thrasher said the North Ocean Blvd. Permit would cover an area that is 50' west of the property line, and also running to the other right - of -way line on the east side of AIA, but he said we are talking about approximately 651. He said Town Code prohibits a principal structure to be located in the 50' area from property line west 501, but he said a minor accessory structure can be placed within 30' of that. Mr. Thrasher said he is talking about an area that is abutting AIA as it relates to this property and travels west about 651. He said he identified the clear zone and modified the distance so that the width of clear zone is 11' rather than 131. In addition, Mr. Thrasher said he identified the trees proposed to be cleared to provide for planting of Australian Pines. Mr. Thrasher read a section of Special Act obtained by the Town of Gulf Stream in Chapter 96 -502, HB 1792, which states, "In order to preserve the historic character and integrity of AlA, and notwithstanding the provision of Statute 369.251 FS, the Town of Gulf Stream is hereby authorized to engage in the cultivation of Australian Pine for the purpose of maintaining the historic character of that portion of AlA between Pelican Lane and Sea Road." He said since this Act the Town has placed a condition of approval on every home to allow the planting of Australian Pines. Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 12 Mr. Thrasher said the proposed trees for removal are identified on his drawing, which he summarized, and he explained the mitigation by the Developer. He said the Florida Holly, or Brazilian Pepper, is an exotic invasive species, the Almonds are native and non - invasive. The Developer agreed to mitigate them in like manner /like size, and has the option of providing a minimum of a 4" caliper in the proper number of replanting of trees to mitigate the entire inches of the Almond Tree. Mr. Thrasher said after the removal of trees there will be space between the clear zone and the buffer zone varying in size from 4' on the north lot to 0' in the middle lot, and then 2' to 3' on the south lot. He said there will be an area with some native trees and underbrush, the buffer zone will not be touched, underbrush and 10 trees will remain on Lot 4, underbrush and B trees on Lot 5 and underbrush and 1 tree on Lot 6. Mr. Thrasher said the area to be cleared is 11' from the edge of road rather than 131, there will be remaining native vegetation a minimum of 10' from the property line, in some cases extending eastward, which will provide existing underbrush and trees. Mayor Orthtwein commented that this information was not given to the ARPB and that it is a new compromise. Mr. Thrasher said the proposal sent to the ARPB was a 13' clear zone and this proposal is modified to an 11' clear zone. Mayor Orthwein said the Town received several letters concerning this matter and she asked Clerk Taylor to enter the letters into the record at this time. Clerk Taylor said those who wrote letters asked that they be read into the record, and she said some are identical and others are similar. Clerk Taylor read the following letters into the record: 1. James Neeves, of 11 Hidden Harbour Dr., who is in favor of the North Ocean Blvd. Overlay Permit and believes it will resolve an existing safety issue when turning onto AlA from Hidden Harbour Dr.; 2. Tom Smith of 1122 N. Ocean Blvd., a neighbor of the former Spence Property, who expressed his opposition to the removal of foliage along AlA saying it will not be in keeping with surrounding properties and it will accentuate the look of a development. Further, Mr. Smith is concerned with the preservation of native foliage; 3. Letters from Randy Ely of 3311 Polo Dr. and Wendy Overton of 2525 Pelican Way, both opposed to the removal of native natural foliage inside the 13' clear zone from the edge of AlA. 4. Barbara Whitaker of 1120 N. Ocean Blvd. asked the Commission to deny the application for the Overlay Permit for the property being developed at 1220 N. Ocean Blvd., or to approve it without the 11' to 13' clear zone requested. She added that the neighbors and residents do not want the natural hammock destroyed. 5. Patricia Knobel of 1255 opposes the Overlay Permit due to concerns that the natural and native hammock, which has existed for many years, will be destroyed. Clerk Taylor said the letters from George Elmore of 1320 N. Ocean Blvd. and Jennifer Morris of 24 Hidden Harbour Dr. are both in opposition of the Overlay Permit and very similar to the letter from Patricia Knobel, expressing the same concerns for the preservation of the native Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 13 vegetation and natural hammock. All letters received by the Town concerning the North Ocean Blvd. Overlay Permit will be filed in the Official Records of the Town of Gulf Stream. Commissioner Ganger said a considerable number of Australian Pines exist on the east side of AlA and if more are planted on the west side it will eventually create more canopy, but he said it is difficult to visualize now. He expressed concern that we may weaken the program if we do not plant now. From a legal standpoint, Mr. Randolph said the Town must look at each case in the future. Mr. Thrasher said the Sea Grapes are very close to the clear zone and, realistically, they should be removed, but he said the mature canopy Sea Grapes will be protected. He said the trees proposed for removal will come out and the Australian Pines will be planted appropriately. In this program, Mr. Thrasher said almost 100 trees have been planted to date, they are growing and in some cases very successfully, and he said 40 to 60 trees are proposed for this project. He said there are no alternatives in the process other than what has been presented. Mr. Thrasher said it is difficult to visualize what will it will look like, but the bareness will be gone, and he said we should take the opportunity presented to us because it may be the last. Mayor Orthwein said this is a compromise to the proposal presented to the ARPB and everyone has a better understanding now. She said she prefers to stand by ARPB recommendations, but to be responsible the ARPB should be on board with this compromise. Commissioner Ganger said it would be difficult to vote on this today based on the drawing submitted by Mr. Thrasher, but he said we should not ignore this opportunity. Commissioner Dering asked if someone could provide a realistic rendering of the existing appearance, what it will look like at planting and then five years later. He said both the Commission and the ARPB should have an opportunity to see it. Mayor Orthwein suggested a joint workshop or joint special meeting with the ARPB. Vice -Mayor Stanley said there are some issues that are not mentioned in the letters of opposition, such as the area may look too organized rather than natural. Commissioner Ganger asked if the Commission and the ARPB can jointly attend a workshop. Mr. Randolph said they can, but he said it should be a joint special meeting in order to be able to make decisions. He asked if there was a landscape architect who would volunteer to do a rendering. Mr. Bodker said he can do the rendering, but he asked if he could first address some liability issues concerning visibility. He said visibility is a concern at that corner entering AlA, and AlA it is a DOT Road. DOT visibility is based on the designated MPH for AlA. Mr. Bodker said if he agrees to do the rendering he will adhere to all legal aspects of it and will protect DOT visibility lines, which are 450' to 460' based on 35 MPH. Mayor Orthwein stated that she wants the public to be informed of the Joint Special Meeting. Mr. Randolph said the next Commission Meeting is scheduled for Friday, December 14th at 9:00 A.M. and should be advertised as a Joint Commission and ARPB Special Meeting. Mr. Bodker said he can have a rendering prepared in time. Commissioners Dering and Anderson asked if the information can be ready for distribution one week prior to Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 14 the meeting. Clerk Taylor said the Meeting Notices will go out one week prior to the Meeting and the public will be welcome to view the renderings at Town Hall. Vice -Mayor Stanley moved and Commissioner Anderson seconded to defer the North Ocean Blvd. Overlay Permit request to a time certain of December 14, 2012 at 9:00 A.M. when the Town Commission and the ARPB will hold a Joint Commission and ARPB Special Meeting. There was no discussion. All voted AYE. 4. An application submitted by Benjamin Schreier, Affiniti Architects, as Agent for Doris J. Gillman, the owner of property located at 3333 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as Part of Lot 5, Gulf Stream Ocean Tracts, Gulf Stream, Florida. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to remove existing landscape material and driveway, install new driveway and landscaping and construct5 foot perimeter wall with entry gate within the North Ocean Boulevard Corridor. b. LAND CLEARING PERMIT to relocate /clear existing landscaping material for relocation of driveway, preparation of building site and property beautification. c. DEMOLITION PERMIT to remove existing structures. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a 9,036 square foot Colonial West Indies style partial 2 -stor single family dwelling, 3 car attached garage and a swimming pool. Benjamin Schrier of Affinity Architects introduced himself and stated that he represents the property owner, Doris Gillman. Mr. Schrier described the proposed house as a 9,032 SF 2 -story Colonial West Indies style dwelling with an attached 3 -car garage, a swimming pool, wall and gate. He said it will have white clapboard siding and stucco, a concrete tile roof providing a cedar shake appearance with mitered corners, the window frame will be brown and the body of the house and the shutters will be white. Mayor Orthwein asked about the Coconut Palms in the front that are tagged. The Landscape Architect for the project, Joe Peterson, said the trees are tagged to be removed and Australian Pines will be planted. Commissioner Ganger said he understood that the Town received a grant to plant those trees and they could not be removed. Mr. Thrasher asked Mr. Peterson if any of them are damage or diseased and he said they are not. Clerk Taylor said they can get approval from the DOT when they apply for the DOT permit for the driveway. Vice -Mayor Stanley asked if the gate issue had been resolved. Mr. Schrier said the ARPB recommended approval of the alternate design, which is flat across the top, but he said the owners prefer the originally proposed gate with the elliptical design and he asked the Commission to consider that. Vice -Mayor Stanley explained that it is the elliptical design that appears ornate, which is.discouraged, but he Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 15 said it does not have to be flat across the top. Commissioner Ganger commented on another gate issue where the property owner installed a gate with an ornate - looking family crest, it was not approved and he had to take it down and replace it at his expense. Mr. Thrasher said if there are no alternative designs from the original design and that which was recommended by the ARPB, the Commission should go with the ARPB recommendation. Commissioner Ganger said the applicant is welcome to go back to the ARPB with another alternative design for the gate if they wish to pursue the matter. Clerk Taylor said the neighbors on each side of the property were in to see the plans and there were no comments concerning the gate. She said Mrs. Schwartz had other concerns which were addressed by the ARPB. Vice -Mayor Stanley moved and Commissioner Ganger seconded to approval the North Ocean Boulevard Overlay Permit to allow the removal of existing landscape material and driveway, install new driveway and landscaping and construct a 5' perimeter wall with entry gate within the North Ocean Boulevard Corridor. There was no discussion. All voted AYE. Commissioner Daring moved and Vice -Mayor Stanley seconded to approve a Land Clearing Permit to relocate /clear existing landscaping material for relocation of driveway, preparation of building site and property beautification. There was no discussion. All voted AYE. Commissioner Daring moved and Commissioner Ganger seconded to approve a Demolition Permit to remove existing structures. There was no discussion. All voted AYE. Commissioner Anderson moved and Vice -Mayor Stanley seconded to approve Level III Architectural /Site Plan based on a finding that the proposed construction of a 9,036 SF Colonial West Indies style partial 2 -story single family dwelling, 3 -car attached garage and a swimming pool meet the minimum intent of the Design Manual and applicable review standards with the following conditions: 1. The electric service lines shall be buried. 2. 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. 3. Wall and /or fence will be measured from the lowest abutting grade with a maximum height of 8' including any lighting fixtures that may be attached. 4. All chain link fencing will be screened from neighbor's view. 5. The landscape plan will protect existing Australian Pine Trees and provide a 13' clear zone where possible allowing for the planting by the Town of two Australian Pine Trees on the south of the existing driveway entrance and up to eight on the north side of the existing driveway. 6. Change the proposed gate design to the alternate gate design that is less ornate. The agent has shown several gates along SR AlA, several of which are fronting homes classified with Mediterranean style architecture. 7. The property owner shall give the neighbor to the south 30 days notice prior to commencement of construction. There was no discussion. All voted AYE. Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 16 Mr. Thrasher made note that beginning December 1'4 demolition is a restricted activity in Gulf Stream. VIII. ROPOrts. A. Utility Undergrounding -Danny Brannon (Engineer) Mr. Brannon said about half of FPLs cost estimates have been received and they are waiting for their design information. Mayor Orthwein asked how long before we can go to bid. Mr. Brannon said once the designs are received and the plans are synchronized, the Town can issue RFPs. He said he would like to go out for bid in November, but they have been pushing to receive costs and designs. Mayor Orthwein asked about the cost of lighting along AIA. Mr. Brannon said it will cost about $1.2 million if FPL does the work, which is line with what was expected. He said the Town will issue an RFP for construction work, giving them more control over destruction of landscape and hardscape by holding contractors liable. The Town will have the option of using FPL or a secured contractor. Mr. Brannon said the Town will issue an RFP for a Continued Services Contract with a landscape company to clear the areas for placing transformers and switches. With regard to switches, Mr. Brannon said FPL called for the standard switches. He said Vista switches cost about $35,000 more than standard switches, they are resistant to flooding conditions and are smaller in size. It will cost about $140,000 to change to Vista Switches, but Mr. Brannon said he budgeted for Vista switches. Mr. Brannon talked about salvage value which is the value of materials after useful life that can be sold, such as copper wire. He mentioned an ordinance he and Mr. Thrasher discussed which provides that when underground facilities are available, residents shall convert their facilities to the underground and all future facilities shall be underground. In addition, he said if you leave any overhead poles or facilities within the undergrounding area FPL will take back the (Government Adjustment Factor) GAF waiver, which comes to about $1 million for this project. Mr. Brannon said FDOT has a for providing lighting on a per year, and he said if we all of the lights and there still receiving information standard is to have a light to at least replace what is not uniform and he may have provision that will reimburse a municipality State Road at the rate of $201.00 per light use FPL lights the agreement would pay for will be no cost to the Town. He said he is on FDOT requirements, but he said the every 150 feet on each side of the road and removed. Mr. Brannon said the lighting is to discuss redistribution with FDOT. Mrs. Wibblesman asked for the status of laying fiber optics in the trenches so they can update cable. Mr. Brannon said that Comcast has come out with new cable and their service has progressed. However, he said AT &T is trying to figure out what to do with U- Verse, it is still experimental and they will not commit to installation. Commissioner Ganger said AT &T said they will abandon all of their landlines and asked if the Town would be in a position to be obligated to go with Comcast. Mr. Brannon said most of their resources have moved to wireless. Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 17 Mr. Boardman said there is concern as to what the street lights will look like. He said he heard it could cost $3,000 per light if we vary away from the FPL standard lighting to upgrade and he asked if there are options. Mr. Brannon said the standard issue is the traditional light on the fiberglass pole or Cobra Head on a concrete pole, there is no cost for installation and the monthly fee is about $15. He said upgrading through FPL is very expensive, they charge about 40% plus cost to install and there is a monthly fee, which is why almost nobody takes their premium plan. Mr. Brannon said you can upgrade if you buy, install and maintain, which runs from $250,000 to $500,000 and this is the decision the Town has to make. Commissioner Ganger said the cost for lighting could not be included the assessment and he asked if the Town wants to spend $500,000 on fancy lights. He said the Commission will do what is right for the community, but if lighting is that important to the community our residents should attend the meetings. B. Town Manager - No Report C. Architectural Review & Planning Board 1. Meeting Dates a. November 15, 2012 at 8:30 A.M. b. December 27, 2012 @ 8:30 A.M. c. January 24, 2013 @ 8:30 A.M. d. February 28, 2013 @ 8:30 A.M. e. March 28, 2013 @ 8:30 A.M. f. April 25, 2013 @ 8:30 A.M. Mayor Orthwein noted the upcoming meeting dates of the ARPB. D. Finance Director 1. Financial Report for October 2012 2. Optional Format - Financial Report for October 2012 Mr. Thrasher requested that the Financial Report for October be approved as submitted. Commissioner Dering commented that note payable is not right, and he said the report does nothing more for him than the last report. Commissioner Ganger asked when the Town will start to collect property taxes that were paid by taxpayers on November 30th. Clerk Taylor said we have received about $2,900 so far and there is a list of dates when the Town can expect additional payments. She said the payment due at the end of November will be substantial. Commissioner Ganger asked if the Town is reimbursed for locates. Mr. Thrasher said the Town is not reimbursed. Commissioner Ganger moved and Vice-Mayor Stanley seconded to approve the Financial Report for October 2012. There was no discussion. All voted AYE. E. Police Chief 1. Activity for October 2012 Lieutenant Allen requested that the Activity Report for October 2012 be accepted as submitted. The Report was accepted by the Commission. IX. Items for Commission Action. A. Items by Mayor & Commissioners There were no items by the Mayor or the Commissioners. Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 18 X. Public. Cuppy Kraft of 10 Little Club Rd. said it is difficult to see the drawings and renderings displayed by architects during their presentations. She said it was discussed at an earlier ARPB meeting about architects making their presentations with some of the newer technology and she asked about the status of the Town updating their technology for that purpose. Mayor Orthwein said it is expensive and this year the Town had to replace their accounting software; however, she said they will discuss the matter in the future. Mrs. Kraft said the City of Delray Beach has a new plan for Atlantic Blvd. at Federal Hwy and she asked the Commission if they would consider making a recommendation supporting their plan. Mr. Thrasher said it is a Delray Commission decision. Commissioner Ganger said Gulf Stream residents could show their support as private citizens. Commissioner Dering agreed with Mr. Thrasher and Commission Ganger saying it would not be the Town Commission's place to do so, but he said residents could show their support as individuals. XI. Adjournment. Commissioner Dering moved and Commissioner Anderson seconded to adjourn the Meeting. There was no discussion. Mayor Orthwein adjourned the Meeting at 1:05 P.M. Gail C. Abbale Administrative Assistant MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 12, 2012 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Orthwein called the Meeting to order at 9:00 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by the Mayor. III. Roll Call. Present and Participating Also Present and Participating IV. Minutes. Joan K. Orthwein Tom Stanley Muriel Anderson W. Garrett Daring (Via Telephone) Robert W. Ganger William H. Thrasher Rita L. Taylor John Randolph Garrett Ward Quinn Miklos, Arch. Miklos & Associates Hope Calhoun, Esq. Robert Jones, Arch. of Jones Architects Joe Pike, Proj. Eng Enviro Design Danny Brannon of Brannon & Gillespie Mayor Vice -Mayor Commissioner Commissioner Commissioner Town Manager Town Clerk Town Counsel Police Chief Agent for Swift Attorney for Seaside Builders & Harbor View Estates, LLC Architect for Seaside Builders & Harbor View Estates, LLC Engineer for Seaside Builders & Harbor View Estates LLC Town Consultant for Underground Project A. Regular Meeting held September 14, 2012 Commissioner Ganger said, at the September 14th Meeting, Commissioner Dering said if the Town is considering buying light and poles, we should also look into leasing them. He said that comment was omitted from the Minutes. Clerk Taylor said the Minutes of the Regular Meeting held September 14, 2012 will be amended to include Commissioner Dering's suggestion. Commissioner Ganger moved and Commissioner Anderson seconded to approve the Minutes of the Regular Meeting held September 14, 2012, as amended. There was no discussion. All voted AYE. B. Tentative Budget Public Hearing held September 14, 2012 Commissioner Anderson moved and Commissioner Ganger seconded to approve the Minutes of the Tentative Budget Public Hearing held September 14, 2012. There was no discussion. All voted AYE. C. Special Meeting held September 25, 2012 Regular Meeting and Public Hearing Town Commission Meeting - October 12, 2012 Page 2 Commissioner Ganger moved and Commissioner Anderson seconded to approve the Minutes of the Special Meeting held September 25, 2012. There was no discussion. All voted AYE. D. Final Budget Public Hearing held September 25, 2012 Commissioner Ganger moved and Commissioner Anderson seconded to approve the Minutes of the Final Budget Public Hearing held September 25, 2012. There was no discussion. All voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes. VI. Announcements. A. Rei 1. 2. 3. 4. 5. 6. There were no jular Meetings and Public Hearings November 9. 2012 @ 9:00 A.M. December 14, 2012 @ 9:00 A.M. January 11, 2013 @ 9:00 A.M. February 8, 2013 @ 9:00 A.M. March 8, 2013 @ 9:00 A.M. April 12, 2013 @ 9:00 A.M. conflicts in the Meeting Schedule. VII. PUBLIC HEARING. Clerk Taylor asked for declarations of Ex -parte communication concerning the items being heard during this Public Hearing. There were no declarations of Ex -parte communication. Clerk Taylor administered the Oath to the following: Quinn Miklos, Architect; Hope Calhoun, Esq.; Mark Grant, Esq.; Robert Jones, Architect; Joe Pike, Project Engineer; and, Danny Brannon, Utility Undergrounding Consultant. A. Board of Adjustment 1. Request for 1 yr. extension of a Level III Architectural /Site Plan Approval for improvements at 2562 Avenue Au Soleil- Constance J.M. Swift Quinn Miklos introduced himself as the architect for this project and also as the homeowner. He said he and his wife, Constance Swift, are requesting a one -year extension on this project, which was previously approved in June of 2011, due to medical complications. He said his wife was being treated for Lymes Disease and, as a result, they had to travel away from the area for several doctor visits during the past year. Mr. Miklos said the permit application for this project was finally submitted on September 15, 2012 and he was informed at that time that the project approval had expired and a request for an extension was required. Commissioner Anderson asked refresher. Mr. Miklos said original proposal. He said a double lot with a lot of two bedrooms, a family area all landscaping will remain Mr. the the Land and and Miklos to summarize the project as a project has not changed from the existing single -story structure sits on scaping, they are adding a 3 -car garage, a swimming pool. Mr. Miklos said that they will use the existing driveway. Mayor Orthwein said that everything previously approved is consistent with the current code, including recent changes to the Code. Regular Meeting and Public Hearing Town Commission Meeting - October 12, 2012 Page 3 Commissioner Stanley moved and Commissioner Anderson seconded to approve an extension of the effective period of an approved application for one additional calendar year for 2562 Avenue Au Soleil. There was no discussion. All voted AYE. B. Applications for Development Approval 1. An application submitted by Seaside Builders LLC as agent for Harbor View Estates LLC, owners of property located at 1222 North Ocean Boulevard, Gulf Stream, Florida, legally described as Lot 3 Hidden Harbor Estates Plat Two, according to the plat thereof as recorded in Plat Book 15, Pages 173 and 174, Public Records of Palm Beach County. a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIZW to permit the construction of a partial two story single family Bermuda style dwelling, a 3 car garage with guest suite, a detached outdoor seating area, a total of 9,229 square feet, and a swimming pool. Hope Calhoun, Esq., introduced herself as an attorney for the applicant, and she said her law partner, Mark Grant, the Architect, Engineer and property owner are also present. Ms. Calhoun said the Commission saw the plat associated with this property in September of last year and were made aware of various issues concerning the property itself. She said since then the applicant has received plat approval and unanimous site plan approval for this single family home by the ARPB. Ms. Calhoun said they are here to discuss the approval of a single family home on one of the lots, and she asked that the Commission focus only on what is before them today with regard to the single family home. She said the team will be happy to answer any questions regarding the site plan approval. Ms. Calhoun also reserved time, if necessary, to address the Commission and any comments following the presentation. Richard Jones, Architect for the project, walked the Commission through the site plan. He said as you drive by the property on AlA you can see six pristine lots developed per plan for drainage, landscape buffer, site walls and roadways for access, and he said the property is ready for this next phase of development. Mr. Jones said this first home is on Lot 3 in the southwest corner overlooking Hidden Harbour. He described the proposed structure as a traditional Bermuda style home with appealing massing of 1 -story and 2- story. It will have a white mitered flat tile roof, soft pastel colors, accent shutter colors, some trim detail around the garage doors, a carriage house above the garage marking the entry and a terrace off of the rear with a detached sitting area overlooking the harbor. Mr. Jones thanked Mr. Thrasher and Clerk Taylor for their assistance, and he said the ARPB gave a unanimous recommendation of approval at their September meeting. He said they will go back before the ARPB with two additional designs in October. Commissioner Anderson asked if this is a spec home and Mr. Jones confirmed that. He said one of the two coming up in October is also a spec home and the other is under contract. Commissioner Ganger asked about the color scheme. Mr. Jones said it is a very pale blue with dark navy shutters and white trim. Commissioner Stanley asked about the Regular Meeting and Public Hearing Town Commission Meeting - October 12, 2012 Page 4 massing from back to front with regard to the carriage house, 3 -car garage and breezeway connection. Mr. Jones said the garage is attached by the roof and is separated from the main house by a breezeway. The philosophy is to break down the mass by elongating the house, breaking it up but keeping it attached with roofs, breezeway connections and wrap- around balconies. He said a foot bridge connects to a boat house with an open -air sitting area under roof and an outdoor fireplace and overlooking Hidden Harbour. Commissioner Ganger asked what will be stored underneath the sitting area. Mr. Jones said it will be storage for life preserves and boating supplies and it will be enclosed with no visibility of that space. Commissioner Ganger asked if the porch area over the left side of garage is functional. Mr. Jones said it is 4 feet deep, 12 feet wide, it is accessed through doors from the carriage house over the garage, and it is a functional wrap- around porch with ample room for a few chairs. Commissioner Ganger asked about the landscaping. Mr. Jones said there will be ample landscaping around the perimeter of the house, there is a 15' no cut zone along the south elevation and all existing vegetation will remain, and he said there will be new landscaping around the perimeter which will significantly buffer the house on both the south and west elevations. Commissioner Ganger asked how this ties into the drainage. Mr. Jones said the drainage was designed for the subdivision and it is in place. He asked Mr. Pike to respond concerning drainage. Joe Pike of Enviro Design Associates introduced himself. He said the original design for the overall development includes internal swales in front of the lots that, when full, will spill into the yacht basin. With regard to the individual lots, the plan is augmented with on -sight inlets and guttering against the outside south walls to be sure nothing spills over the walls. Mr. Pike said they work with the master drainage plan and augment the plan as required. Mayor Orthwein asked if all has been approved by the South Florida Water Management District and Mr. Pike confirmed that. Commissioner Anderson moved and Commissioner Stanley seconded to approve Level III Architectural /Site Plan based on a finding that the proposed partial two story single family Bermuda style dwelling, a 3 -car garage with guest suite, a detached seating area, a total of 9,229 SF, and a swimming pool meet the minimum intent of the Design Manual and applicable review standards. Commissioner Ganger asked if the motion includes the conditions. Commissioner Anderson said it includes the 5 conditions. Commissioner Ganger asked if a condition for approval is imposed on one of the other houses would automatically be imposed on this one. Mr. Randolph said it would not apply to this house after it has been approved. Mayor Orthwein asked if members of the public wished to comment. There were no public comments. Commissioner Ganger said there are individuals who expressed concerns regarding this project from day one, and he asked Clerk Taylor if there were any communications, other than Mrs. Touhey. Clerk Taylor said there have been two parties that came in to view the plans. She read Mrs. Touhey's letter into the record. Mrs. Touhey stated in her letter that she is unable to attend Regular Meeting and Public Hearing Town Commission Meeting - October 12, 2012 Page 5 public hearings concerning applications for homes in the subdivision. She said she feels the developer has not lived up to the agreements that supported the Town's approval of the subdivision, specifically the stipulation that the arbor canopy would not be destroyed. Mrs. Touhey said she might have been more supportive of the project if the Banyan tree across from her driveway had not been cut down. She requested that any approved plans and construction of the six homes be frequently inspected by the Town to be sure the builder is abiding by conditions of approval. The letter will be filed with the Official Records of the Town of Gulf Stream. Mayor Orthwein commented that Mr. Thrasher was very diligent with inspections of this property and that he inspected the property at all hours of the day and night. For the record, Commissioner Ganger said it should be acknowledged that there was no public comment at this meeting, the letter from Mrs. Touhey was read into the record and we must assume the Community is satisfied that the terms and conditions have been met. He said a concern of the Community is the cookie cutter look, and he asked if the designs not shown today are similar. Mr. Jones said they will all be unique with a similar theme of breezeway attachments to a garage with a carriage house above. He said there will be one more Bermuda style and a Colonial West Indies style, with variations of zoning, lot layout and colors. For the Record, Commissioner Ganger said the Commission is only approving one design, but we believe that the subdivision will consist of a lovely 6 -house neighborhood, all with an individual look. Commissioner Anderson amended the motion listing the recommended conditions for approval, as follows: 1. The electric service lines shall be buried; 2. The roof shall be white (through and through) un- textured un- coated flat cement tile; 3. 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; 4. Wall and /or fences will be measured from the lowest abutting grade with a maximum height of 6' including any lighting fixtures that may be attached; and 5. All chain link fencing will be screened from neighbor's view. There was no discussion. All voted AYE. VIII. Reports. A. Utility Undergrounding -Danny Brannon (Engineer) Danny Brannon of Brannon & Gillespie referred to the handout provided to the Commissioners and summarized the three options given. He said there are 85 lights, the FPL monthly cost is $15.00 per light, noting that rent is paid on each foot of underground wire that serve the lights, and they assume there is 100 feet of wire between lights. Transformers will be every 2nd or 3 :d light, depending on the size of lots. Mr. Brannon said the upfront cost to FPL is zero, the present value of 85 lights is $117,489 over a period of 10 years. If the Town considers installing the high pressure sodium lights, the upfront cost would be about Regular Meeting and Public Hearing Town Commission Meeting - October 12, 2012 Page 6 $191,000, with a present value of approximately $62,000, paying $8.00 per light per month over 10 years. Commissioner Dering asked about the interest rate. Mr. Brannon said they use a discount rate of 6 %, which may sound high. Commissioner Dering asked for the gross numbers before the present value. Mr. Brannon said he did not have those numbers with him, but he said the discount rate is reasonable. He said we have the actual monthly numbers, we know what the term is and it is easy to change the rate, which will change the numbers. Mr. Brannon spoke of a project where they installed 99 FPL traditional lights and then contracted with an outside firm to do the installation and maintenance, which omitted FPL. Their pricing was higher, but they negotiated them down to the FPL rate. Mr. Brannon said the outside firm had a vested interest in that area and it was a unique benefit for them. Mr. Brannon said the possibility of leasing as opposed to purchasing the lights was previously discussed, and he said if the Commission feels that avoiding a $200,000 upfront cost is in the best interest of the Town, we can research companies that provide a leasing service and compare their prices to FPL. Mr. Brannon said if the Town purchases their own lights, you begin paying for them as they are installed and you also begin paying the energy charges. If the Town contracts with a power company it will depend on how your contract is written, and Mr. Brannon said there will be two separate contracts, one for north end and another for the south end. With regard to a question raised recently concerning FDOT lighting requirements along AIA, Mr. Brannon said his firm has a lighting project along AlA in Jupiter, which includes streetscape improvements and a bike path, and he said the street is being illuminated by AASTO Green Book Standards. He said he would like to know if Jupiter is following those standards by choice or by order of the FDOT. Mr. Brannon said he and Mr. Thrasher will look into compensation provided by the FDOT per light along AIA because an annual compensation may drive the installation along AlA. Mayor Orthwein asked what percentage of the 85 lights will be installed along AlA and Mr. Brannon said probably about a third. Mayor Orthwein agrees with looking into FDOT lighting requirements along AlA and complying with those standards with the possibility of receiving annual compensation from FDOT. She asked if the FPL Traditional lights comply with FDOT. Mr. Brannon said they do not provide good light for the street, but he said if the Town can receive enough money from FDOT to pay for lights that comply, we may want to go back to Cobra Heads with concrete poles, which are cheaper. He said we can add wattage and the price may be about the same per light. Mayor Orthwein said we would end up with two different types of lights; Cobra Heads on AIA and the Traditional style in the interior. Commissioner Stanley asked if the lights have been plotted and, if so, he asked if the Commission could review it. Mr. Brannon said they have been plotted, but he said the Police Department should review the plot before the Commission. Commissioner Ganger said he would like to address LED lighting. Based on the upfront cost of $200 per light, Mr. Regular Meeting and Public Hearing Town Commission Meeting - October 12, 2012 Page 7 Brannon said the LED driver and lamp would end up being about 50% of the wattage of a 70 watt fixture. He said down the road LED will be equal in price to the high pressure sodium, and as LED continues to progress the price will come down. Mayor Orthwein commented that FPL will not service LED and, therefore, the Town would have to purchase LED and enter into a service contract with a leasing company. Commissioner Stanley asked, if the Town goes with the Traditional high pressure sodium lights and switch to LED later, would make sense to buy the lights and poles if we are going to convert to LED down the line. Mr. Brannon said FPL does not make changes very fast. He said his guess is that FPL will shift to LED at some point, but it would be risky to anticipate when that will be. He said the cost of conversion would be the same as re- lamping, and the cost to convert to an LED driver and lamp will probably be the same in 10 years. Commissioner Ganger asked George Elmore, who was present, if he had any input. Mr. Elmore suggested that the Town address the turtle issue with regard to lighting before moving forward. Mr. Brannon said his firm has had major experience with the turtle issue and they have a good understanding of the lighting requirements. Mayor Orthwein asked if our current lighting is turtle friendly and Mr. Thrasher said there have been no complaints. Mayor Orthwein asked when we might have information from FDOT. Mr. Brannon said he and Mr. Thrasher are checking into some of the other areas along AlA, and he said they do not want to make overt motions until they have a better understanding of the benefit they are currently paying the Town. Commissioner Stanley described the lighting style around the turtle nesting areas in Palm Beach. Chief Ward said there are no lighting issues in Gulf Stream concerning the turtles, but he said the Police Department is often contacted by the turtle representatives and it would be a good idea to get their input. Mr. Brannon said he basically brought data showing the costs of going with FPL, going with a third party leasing company or the Town owning the lights outright. He said the next step is to get with FDOT to find out what their implication are for funding support along AlA, their requirements of lighting style and their illumination level requirements. Commissioner Dering asked about the timing of this decision. Mayor Orthwein said the Town needs the information from FDOT to make a decision. Mr. Brannon said FPL moved their date for lighting cost estimates and design to the end of October, he should have them in about two weeks, and at that time they will reconcile FPL, ATT and Comcast into a composite and hope to have the RFPs out in November. Commissioner Ganger asked if leasing would be a viable alternative since we do not have $100,000 in the Capital account to pay for this. Mr. Brannon said it seems the Commission is leaning in that direction and the information from the FDOT will have an impact on their decision. Commissioner Dering asked Mr. Thrasher to come up with a budget showing how the Town is going to pay for this and he asked if for the information by next month's meeting. Mr. Thrasher said he can work on it, but he said a lot depends on Mr. Brannon's input and he is not sure that FDOT can provide their information within a 30 -day cycle. Mr. Brannon said he was not Regular Meeting and Public Hearing Town Commission Meeting - October 12, 2012 Page 8 aware of FDOT paying municipalities for installing lights along AlA, but he said he and Mr. Thrasher will try to have answers for the November Meeting. Commissioner Dering asked about the gross numbers. Mr. Brannon said the gross cost on the initial install is on the handout and the monthly cost is listed in the right -hand box next to each option. Commissioner Ganger asked Mr. Brannon if he shows a residual value of the lights if the Town owns them. Mr. Brannon said he has not done a buy vs. lease. Mayor Orthwein asked Mr. Brannon for his recommendation. Mr. Brannon said if you go with the Traditional fiberglass poles, lantern, post and fixtures, the Town would be better served going with the FPL contract because you avoid the upfront costs, administrative costs are minimal and maintenance is built in. B. Town Manager Mr. Thrasher announced that the Town has a new employee, Jake Wayne Songer, and he said today completes his second week. Mr. Thrasher said that Wayne and Brian have been heavily involved in navigating the undergrounding of the gas line. He said we have a lot of water facilities in that area and, to date, we have had no water leaks or breaks. Mr. Thrasher said he is thankful to have Wayne on board. 1. Accounting System Upgrade Options a. In House Storage b. Off Site Hosting (Cloud) Mr. Thrasher summarized the Memorandum he provided to the Commissioners which included backup and his recommendation. He said the first option is to purchase the software and house it on -site, which is what the Town has been doing since 1996. Mr. Thrasher said Staff is using basically the same software, we have made good use of it and we have been able to maintain the security and backup on site. He said the second option is Off -Site Hosting (Cloud), which is going from workstation to internet to another location somewhere in the United States, or possibly offshore, rather than going from workstation to server. The general purchase price for the In -House option is about $20,238, which may have other associated costs. The upfront cost for the "Cloud" option is $6,982. The yearly maintenance fees vary quite a bit: In -house Option - $3,800 per year; Cloud Option - $6,783 per year. Mr. Thrasher said our provider will support our current software with protection and service for another 12 - 18 months from this date. He said currently we have a mirrored 3 -drive system where data enters the server, it goes to three different locations and, in the event a drive fails, our IT person can notify us remotely so that we can make repairs. There is a tape backup system which is done on a daily basis and the mirror process takes place twice a day. Mr. Thrasher said we would like to enhance our current system by updating to a better firewall and by backing up to a detachable exterior drive. He said the Cloud option is offered by our current provider. They have three remote locations in the United States, which are somewhere in the Northeast, West and Midwest, they have excellent IT people who are responsible for backup and updates, which are provided on a timely basis. Mr. Thrasher said there are other off -site options to consider for the future, which are Regular Meeting and Public Hearing Town Commission Meeting - October 12, 2012 Page 9 pricey, but he said he will continue to look at the off -site option. He said a decision does not have to be made today. Commissioner Dering asked if other vendors had input. Mr. Thrasher said he talked to the IT people and managers of other municipalities and received good input. He said he talked to other vendors, such as Munice and FMS, and they are both very pricey. Mr. Thrasher said he is familiar with Munice and their cost would be between $100,000 and $200,000. He said if we were a first time user of Fundware we would pay between $40,000 and $50,000 for the In -House option. Commissioner Stanley asked if we have a migration issue and Mr. Thrasher said we do, but he said it is common. He said systems run concurrently, the data conversion takes one year, and he after the conversion the old system would be kept live and active to go back for history, etc. Mr. Thrasher said he would like a decision, but he said he does not want to move forward with implementation until after our Audit is complete, which would be sometime in January. Commissioner Ganger asked if the auditor had a recommendation. Mr. Thrasher said when it entails a policy decision the auditor tries not to get involved, but he said Ron Bennett said he would not go with the Cloud because there is more risk and less control. Commissioner Ganger was concerned that our current provider could be bought out and we would be forced to change to something we were not happy with. Mr. Thrasher said our current provider has a very good reputation, they are large and it could happen, but he said he has no indication of that. Commissioner Stanley said he talked to people who say that municipalities with trained people who are working with an in- house server, tape backups and periodic updates can go for years with minimum support if they own the software. He said if we go with the cloud because they can raise their fees or sell out and we would have no say. Mayor Orthwein said purchasing the software and housing it in- house sounds like it provides more stability and control, there would be less risk and probably cheaper in long term. Mr. Thrasher said he would like to get the decision behind us and he recommends purchasing the software and keeping it in- house. He reminded the Commission that, if we do this, there are insufficient funds in that line item in the recently approved budget. Mr. Thrasher said his recommendation would be for Water Utilities to pay a share of this cost proportionate to their budget, through a transfer, which is reasonable. Commissioner Stanley asked if the $4,000 is charged in the first year and if the total for the first year is $24,000. Mr. Thrasher said the $24,000 will be paid in the first year. Commissioner Stanley moved and Commissioner Ganger seconded to approve Staff's recommendation to purchase the software to be housed on site for accounting in an amount not to exceed $25,000, which should be proportionately allocated between the General Fund and the Enterprise Fund. There was no discussion. All voted AYE. C. Architectural Review & Planning Board 1. Meeting Dates Regular Meeting and Public Hearing Town Commission Meeting - October 12, 2012 Page 10 a. October 25, 2012 @ 8:30 A.M. b. November 15, 2012 at 8:30 A.M. c. December 27, 2012 @ 8:30 A.M. d. January 24, 2013 @ 8:30 A.M. e. February 28, 2013 @ 8:30 A.M. f. March 28, 2013 @ 8:30 A.M. Mayor Orthwein noted the meeting dates of the Architectural Review and Planning Board. She said a Newsletter just went out to the Community which provides upcoming meeting dates and other important information. Mayor Orthwein announced that the webpage would be up and running soon. D. Finance Director 1. Financial Report for September 2012 Mr. Thrasher requested that the Financial Reports for September, 2012 be approved as submitted. Commissioner Dering asked about the balance sheet. Clerk Taylor said the balance sheet did not scan when making copies for the packets. She said the balance sheet was distributed to each Commissioner this morning and she will fax one to Commissioner Dering after the meeting. Commissioner Ganger asked about funds for the underground project that were actually transferred from reserves to the bank as the Town's commitment for the undergrounding project. He said he realizes Mr. Thrasher is constantly shifting funds to Brannon & Gillespie to pay bills. Mr. Thrasher said the project involved a lot of support costs and the anticipated transfer from reserves to the General Fund was budgeted at $430,000. He said as of today this report indicates that $426,964 needs to be transferred from reserves. Mr. Thrasher said he will not know the true number until year end accounting work is complete because we may have additional costs that will be paid in October and accrued to September 30th, which may affect that number. Commissioner Ganger moved and Commissioner Stanley seconded to approve the Financial Report for September, 2012. There was no discussion. All voted AYE. 2. Optional Format- Financial Report for September 2012 3. Water Usage as of September 30, 2012 Commissioner Ganger asked if there is a new normal for water usage that the Town should be thinking about. Mr. Thrasher said no. He said the Town used less water due to the abundance of rain and this is the first year the Town is showing a surplus. Commissioner Dering said that part of the surplus is due to the amount being billed for reserves. Mr. Thrasher said we have also pulled back on our Contractor's activities over the last couple of months to under $20,000. E. Police Chief 1. Activity for September 2012 Chief Ward requested that the Activity Report for September, 2012 be accepted as submitted. Commissioner Ganger asked if there were any injuries due to the auto accident. Chief Ward said there were no injuries. The Activity Report for September, 2012 was accepted as submitted. IX. Items for Commission Action. A. Resolution No. 012 -14; A RESOLUTION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, CONCERNING AMENDMENT 4 TO Regular Meeting and Public Hearing Town Commission Meeting - October 12, 2012 Page 11 THE FLORIDA CONSTITUTION WHICH, IF ADOPTED, WOULD CREATE ADDITIONAL INEQUITIES IN FLORIDA'S TAX SYSTEM BY GRANTING CERTAIN TAX BREAKS TO SOME TAXPAYERS AT THE EXPENSE OF OTHER TAXPAYERS. Clerk Taylor read the title of Resolution NO. 012 -14, presented for adoption this 12i° day of October, 2012. Mayor Orthwein and Commissioner Ganger and Commissioner Anderson expressed their support. Clerk Taylor said the League of Women Voters, the Palm Beach County Municipal League and the State of Florida also support the Resolution. Commissioner Ganger moved and Commissioner Anderson seconded to approve the adoption of Resolution No. 012 -14. There was no discussion. Roll Call: Vice - Mayor Stanley, AYE; Commissioner Anderson, AYE; Commissioner Dering, NO; Commissioner Ganger, AYE; Mayor Orthwein, AYE. Resolution No. 012 -14 was adopted by a vote of 4 - 1. B. Items by Mayor & Commissioners There were no items by the Mayor or the Commissioners. X. Public. There were no comments by the Public. XI. Adjournment. Being no further business to come before the Commission, the Meeting was adjourned by Mayor Orthwein at 10:45 A.M. Gail C. Abbale Administrative Assistant Architectural Review and Planning Board Seeks Members Are you interested in the future development of the Town? If so, the Town Commission is now accepting letters of interest from Town residents who are interested in serving on the Architectural Review and Planning Board (ARPB). The ARPB is a voluntary board which reviews, considers and makes recommendations to the Town Commission regarding proposed development projects and issues within the Town. ARPB members are required to be registered voters within the Town and to be able to attend the monthly meetings, which are held on the fourth Thursday of each month. Although no specific experience is required, consideration will be given to applicants who have experience in planning, law, architecture, landscape architecture, engineering, natural resource management and related fields. ARPB members serve three year terms and are limited to three consecutive terms of service. Currently, the ARPB has openings for one regular board member and two alternates. Residents interested in joining the ARPB should send their letters of interest to the Town Hall at 100 Sea Road. The Town Commission reviews each applicant and decides on board membership. Kelly Avery From: Bill Thrasher < bthrasher @gulf - stream.org> Sent: Thursday, October 04, 2012 9:15 AM To: Marty Minor Ask Mr. Cross to contact the Club Manager, Kevin Bauer, at 278 -0392. He appears to be quite open to the idea. Good Luck. 1:77 William H. Thrasher, ICMA -CM, CGFO, CGFM Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Office 561.276.5116 I Fax 561.737.0188 Direct e-mail: bthrasherCcDqulf- stream.org Development Review Process In order to preserve our unique community character, the Town adopted Design Guidelines that address exterior aspects of your home. If you are planning exterior remodeling, painting, major landscaping work or any significant property improvements, please contact the Town Manager at (561) 276 -5116 to review your plans and determine what requirements may apply. The Town's Future Land Use Plan (PDF link) and Zoning Map (PDF link) govern the uses and structures allowed within the community. The Town has no existing nor allows commercial or industrial uses. The Town Code of Ordinances, including the Land Development Regulations and Design Manual, and the development applications are available for review and purchase at Town Hall. Design professionals are encouraged to review the Town Code and Design Manual before planning any new construction within the community. Prior to any changes to the exterior of the home, major landscape work and /or other property improvements, a pre - application meeting is required with the Town Manager. Development plans and elevations must be presented at the meeting for review and discussion. This meeting will determine the appropriate development review process and what materials are required for submittal. The Town has three development review processes: Level 1, 2 and 3 Architectural /Site Plan Reviews. Level 1 Reviews address accessory buildings and structures and minor renovations where less than 300 square feet are affected. Level 1 reviews are approved or denied by the Town staff. Level 2 Architectural /Site Plan Reviews address the following development projects: • Detached, habitable, minor accessory structures; • Expansion or demolition of more than 300 square feet of building area but less than 50 of the existing total floor area.; • Projects which utilize discouraged architectural styles, elements or materials; • Removal of more than two trees of over eight inches in caliper or removal of trees without replacement; and • Level 1 review items with proposed signage or additional development impacts. Level 2 Architectural /Site Plan projects are reviewed and approved or denied by the Town's Architectural Review and Planning Board. Level 3 Architectural /Site Plan projects are reviewed by the Gulf Stream Town Commission after receiving recommendations from the Architectural Review and Planning Board and the Town Staff. Level 3 Reviews address the following: • New primary structures, like new homes; • Expansion or demolition of more than 50 percent of the total floor area of the existing structure; • Development proposals which need one of the following: • A variance; • A special exception; • A Subdivision of property; or • Subject to a Development Agreement. • Projects which require an amendment to the official zoning map and /or future land use map; • Developments of Regional Impacts; • Clearing more than 50 percent of a site's vegetation; and • Level 2 review items which are recommended for Town Commission review by the Architectural Review and Planning Board because of the project's potential impacts to the Town. The level of the development project's review will be determined during the pre - application meeting. New development applications are due to the Town by the 1511 of each month. Depending upon the request, a development application may be reviewed and considered by Town Staff, the Architectural Review and Planning Board and Town Commission. For items requiring consideration by the Town Commission, recommendations are provided by the Architectural Review and Planning Board and Town Staff. A chart outlining the development review process is here (PDF link). Building Permits are processed through an agreement with the City of Delray Beach. All applicants must fill out the applicable City of Delray Beach Building Permit application and submit it to the Town of Gulf Stream with four sets of drawings, product approvals, etc., as required by the City of Delray Beach, for approval. After approval from the Town of Gulf Stream, all permits are picked up by the applicant and submitted to the City of Delray Beach for review and inspections. Draft Website copy re Gulf Stream Civic Association The Gulf Stream Civic Association provides residents an opportunity to be involved in making the Town a better place to live. Founded in 1956, GSCA is the second oldest such association in Palm Beach County. Roughly three quarters of all owner - occupied households are members. Modest dues are generally invested in projects relating to beautification, safety, and protection of property values. The Association also provides a forum for residents to stay informed on local issues, and to provide input to elected officials on matters of importance to the community. Corrections, amplifications to the history tab. In 1916, the State of Florida began to open a stretch of roadway along the Atlantic Ocean coastline, as a more scenic alternate to Route 1, now called the Federal Highway. The road eventually became known as State Road AlA. To address high winds along the route, Australian Pines were planted along both sides of A1A, from Jacksonville to Miami. The Town of Gulf Stream is the only remaining stretch where the Australian Pine Canopy still remains. It has since been designated as an historic and scenic highway, allowing the Town to protect and cultivate new plants to maintain and expand a stand of more than 300 pines. During the early 1920s, the land now called Gulf Stream was largely in its raw natural state, with a few cultivated acres leased for farming or grazing. At the time, the intercoastal canal was freshwater, providing irrigation for agriculture. Starting in 1922, Bessemer Properties, a real estate venture controlled by the family of Henry Phipps, Jr. (co- founder with Andrew Carnegie of the company that became U.S. Steel) began to accumulate parcels of land on both sides of the intracoastal canal for future development. Friends and business associates of the Phipps family in Palm Beach saw the roughly 500 virgin acres of property as an ideal location for a golf course and polo fields, surrounded by seasonal residences. Led by two of Henry Phipps' sons, Jay and Howard Phipps, and including prominent Palm Beach residents such as Paris Singer, Edward Stotesbury, Edward Shearson, and E.F. Hutton, plans were laid to construct a first -class golf club. The Gulf Stream Realty Company (so named because of the close proximity of the property to the ocean gulfstream) was established to market residential lots along the ocean front, some of which were acquired as early as 1923. In March of 1924, founding members established the Gulf Stream Golf Club. Legendary Palm Beach architect Addison Mizner was commissioned to design the clubhouse; the course was planned by Donald Ross, who designed Pinehurst in 1907. The Club officially opened for play in 1925 and remains one of the premier private golf clubs in the country. In 1925, Bessemer Properties applied to the State of Florida for a charter to incorporate acquired acreage into a town. Initially, the company had planned to name the community "Phipps Beach ", but the "Gulf Stream" name was now ingrained. Gradually, a cluster of seasonal homes began to be built along the oceanfront. Most were designed by renowned Palm Beach architects under a Phipps maxim that they connote "understated elegance ". Several of these original homes still exist, largely unchanged in appearance from the 1920s. Prior to completion of the golf course, plans were underway to build a five -field polo complex between the ocean road (AlA was not completed at the time) and the intracoastal waterway. Initially known as "Phipps Fields ", the Gulf Stream Polo Club commenced play in early 1927 and almost immediately emerged as the "Winter Polo Capital of the World ". Afternoon matches drew large crowds -- royalty, socialites, celebrities, and many local residents, drawing attention to Gulf Stream as a sophisticated winter resort. The developers of Gulf Stream had expected steady growth in the 19305, but the 1929 Crash and ensuing Great Depression put a damper on the pace of expansion. Plans for a non - denominational church for residents were set aside, but in 1938 the Gulf Stream School opened to educate the children of seasonal families. Even in tough times, the golf club, polo fields, and later a bath and tennis club, remained a magnet for residents and visitors seeking relief from cold weather and economic woes. The advent of World War II brought about a profound change to the Town of Gulf Stream. Proximity to the gulf stream meant that shipping lanes and German U -boats were only a few miles east. The golf course was closed to members, but remained open for maintenance and limited access to servicemen stationed at nearby military bases. Coast Guard and Navy Sea -Bees patrolled the beaches, many on horseback. The Coast Guard shipped horses from Kansas for this duty, housing them in the stables recently occupied by polo ponies. The Gulf Stream Bath & Tennis Club, founded in 1935 by Mrs. Howard Phipps, became a Red Cross U.S.O. center for entertaining troops stationed at the nearby Boca Raton aviation training base. Local lore has it that a German spy was discovered in the shuttered Gulf Stream Golf Club, apparently signaling to submarines in Morse Code by flashlight. The agent was never apprehended. The Town recovered quickly from the War. The polo fields reopened in 1946; once again enjoying a reputation as the nation's top winter venue for top international and American players. As the post -war economy began to blossom, property values in Gulf Stream escalated rapidly. The Phipps family decided to sell the fields for residential development in the early 1960s. Several players who had settled in Gulf Stream, such as Michael Phipps and Stewart Iglehart, reestablished the polo fields in Lake Worth (Wellington) and participated in the process of subdividing and redeveloping the old Phipps Fields for private single family homes. Over the next few decades, the Town of Gulf Stream continued to grow, while adhering to the principles established by the founding families. The Little Club, a Par 3 course, was established. A new Town Hall was erected on a corner of the old Polo Fields. Post World War II "cottages" were replaced by larger homes, reflecting changes in lifestyle . A potential trend towards "McMansions" was nipped in the bud through adoption of a comprehensive design guidelines administered by an Architectural Review and Planning Board, reporting directly to the Town Commission. The purpose of these guidelines is to maintain the unique character of individual districts within the Town. Gulf Stream is exclusively a residential and recreational town. The original Phipps vision of a place providing its residents and visitors an understated elegant experience has been successfully maintained. HISTORY — TOWN of GULF STREAM In 1916, the State of Florida opened a stretch of roadway known as A1A, along the coast line and t#reug-h -to what is now the Town of Gulf Stream. To address high winds along this stretch of roadway, the state plaRted Australian Pines were planted along both edges of the roadway from Miami to Jacksonville. The Town of Gulf Stream is the last remaining two -mile stretch of All A where that Australian Pine canopy still remains. It has since been designated as an historic and scenic highway, allowing the Town to protect and cultivate new plants to maintain their rows of more than 300 pines. For the South Florida visionaries of this generation, the new road exposed some of the most valuable and beautiful land, for both development and preservation. During the early 1920s, a group of close prominent investors, who happened have a great zeal for the game of golf, envisioned a golf club and golf course set away from the expanding communities of Palm Beach. They envisioned a "paradise of golf," and so they went to the task of creating the Gulf Stream Realty Company (named so due to their close proximity to the warm flowing currents of the gulf stream) to search for the perfect lands. They would eventually organize the acquisition of extensive amounts of land on both sides of the Intracoastal Waterway that would later become the Town of Gulf Stream. This investment group included men such as Howard Phipps, his brother John Shaffer Phipps, Paris E. Singer, Edward T. Stotesbury and Edward Shearson. On March 10, 1924, this prominent group gained a charter establishing the Gulf Stream Golf Club. By that same spring, their vision became a reality through the designs of renowned architect Addison Mizner and renowned golf course designer Donald R. Ross. The beautiful Spanish -style clubhouse and acclaimed golf course officially opened to its members in 19257- and continues to operate today as one of the premier private golf clubs in the country. Of course, the development of the Gulf Stream Golf Club and golf course was not the end of the dream. Rumors of a polo field had begun to circulate in late 1923. By June 1924, the initial phase of development had begun on two polo fields nestled along the Intracoastal Waterway where yachts would later pull up along the fields to anchor and watch the matches. Hundreds of spectators would line the palm tree -lined fields with their cars. Although the official season was not until 1927, the first games were held in 1926 and the polo club became an instant success. The success of both the Gulf Stream Golf Club and the polo fields drew in visitors from all over, ultimately becoming a major force behind the growth and development of what would become the Town of Gulf Stream. The first residents were purchasing large lots of land and building mansions along the beachfront as early as 1923, including the Phipps family residence. By 1925, many of the houses were completed and the officers and members of the Gulf Stream Golf Club were influential in getting the Florida Legislature to grant a charter establishing Gulf Stream as a town. In those first years, the course at the Gulf Stream Golf Club was regarded as one of the finest in America and, with the addition of the sport of polo — of the "Sport of Kings" — the town became known as both the "Winter Polo Capital of the World" and "The Birthplace of Florida Polo." By the 1930s, the town was firmly established as a winter resort haven, opening the doors of the Gulf Stream School in 1938, to educate residents' children during the season. It also became a place for the most famous national and international Polo players to hone their skills. But as America was thrust into World War II, so were the Town and the Club. During this time of war in the early to mid- 1940's, polo matches came to a halt and the Club closed its doors to its members and opened them to the Armed Forces. The coast line was the scene of much activity with regular fighting between submarines and war ships and an ocean view cluttered with armed forces patrolling the beaches. So instead of the wealthy coming to stay at the newly constructed Jamaica Square, about 280 beach patrol lived in barracks, armed with pistols and rifles. These local volunteers patrolled the beaches night and day on horses shipped in from Kansas by the Coast Guard, which leased the polo club's stables to house the horses. History tells the story of a German spy who was seen using apparatus and a flashlight from inside the Club to signal submarines off the coast. He was seen but never apprehended. The Town of Gulf Stream recovered from World War II as did its wealthy permanent and seasonal residents. It was time again to appreciate a prosperous economy, enjoy a few rounds of golf, and take in a polo match in the warm climate of Florida. In 1946, Michael Phipps, Stewart Iglehart, and George Oliver resurrected the polo fields and grounds and once again polo players migrated south from clubs as far away as Chicago, Michigan, New York, and Wisconsin. Then in the early 1960's when property values began to skyrocket, the Phipps family decided to sell the polo grounds for alternate development. Leaving Philip Iglehart and 11 other prominent people to move the Polo Club to Lake Worth in 1965, where their descendants still play at the Gulfstream Polo Club. Over the next few decades the Town of Gulf Stream, esteemed for its lasting beauty and exceptional quality of life, continued to grow and although early houses were typically mansions, today the town is extensively subdivided, with fewer large mansions, and more moderate -sized distinguished homes. The majority of the town grew as 'subdivisions' between the Atlantic Ocean and the Intracoastal Waterway. In an effort to maintain a tranquil setting, obtrusive commercial and industrial uses were prohibited long ago and remain today. Kelly Avery From: Gail C. Abbale < gabbale @gulf - stream.org> Sent: Thursday, January 24, 2013 1:36 PM To: Marty Minor Subject: Last 3 Agendas for both Commission and ARPB Attachments: D00O22.PDF; D00O23.PDF; D00O24.PDF; D00O25.PDF; D00O26.PDF; D00O27.PDF; D00O28.PDF Hi Marty, Bill asked me to email the last three agendas for both the Commission and ARPB to be posted on the website. The following agendas are attached: Commission: November 9, 2012 Regular Meeting and Public Hearing December 14, 2012 Meeting and Public Hearing w /ARPB December 14, 2012 Regular Meeting and Public Hearing January 11, 2013 Regular Meeting and Public Hearing ARPB: October 25, 2012 Regular Meeting and Public Hearing NO NOVEMBER MEETING December 27, 2012 Regular Meeting and Public Hearing January 24, 2013 Regular Meeting and Public Hearing The above may not be attached in that order... sorry about that. Please call if you have any questions. Have a great afternoon. Talk to you soon. Gail Gail C. 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AIA - Canopy Road: (Town of Gulf Stream records) State Road AIA was constructed in 1916, along the coast line from Jacksonville to Miami. The existing Australian Pines are the last remaining two -mile stretch of AIA where the state planted canopy still remains. It has been designated as an "historic and scenic" highway, allowing the Town to protect and cultivate its rows of more than 300 pines. 2. Boy at Cave: (courtesy of Town of Gulf Stream records) Cave Opening: (courtesy of Town of Gulf Stream records) Subterranean caves existed in a rock formation along the beach, but are long gone due to development. Locals believe early Indian inhabitants, explorers, and even pirates, with their treasures, may have taken shelter in these caves. 3. Gulf Stream Golf Club: (New York Social Diary) http:/Iwww.newyorksocialdiary.com/node/1903385/print Photo of the Gulf Stream Golf Club during at sunset. Club was designed by Addison Mizner, renowned architect, in 1924. 4. Gulf Stream Golf Club -Under Construction: (The Coastal Star) www.thecoastalstar.com The Mizner inspired Spanish style Gulf Stream Golf Club building under construction in 1925 -1926. 5. Gulf Stream Golf Club Loggia -Under Construction: (The Coastal Star) www.thecoastalstar.com Mizner was a renowned architect as can be seen in the details of the Gulf Stream Golf Club loggia under construction in 1925 -1926. 6. Polo Fields circa 1930s: (courtesy of PBC Historic Society) Polo was a highly regarded sport in Gulf Stream as can be seen during this polo match, circa 1930s. Hundreds of spectators came to watch the matches. Some anchored their yachts in the Intracoastal, while others parked their cars in double rows along the palm -lined fields. In the distance, one can see the ocean and the original configuration of SR AIA adjacent the beach. It has since been relocated to the west. 7. Mr. Henry Phipps and Wife: (Courtesy of Library of Congress) htto: / /www.loc.gov/ Mr. Henry Phipps and his family were instrumental figures in the development and success of the Town of Gulf Stream, the Gulf Stream Golf Club and course, and the Gulf Stream Polo Club. 8. Mr. Henry C. Phipps: (Courtesy of Library of Congress) http: / /www.loc.gov/ Henry Carnegie Phipps was a prominent financier and an heir to the Phipps family fortune. He was known for his passion for horses and breeding, polo, and real estate. He and his brother, John Shaffer Phipps, have been called the founders of the Town of Gulf Stream. 9. Mr. John S. Phipps on Polo Pony: (Courtesy of Library of Congress) htto ://www.loc.aov/ John Shaffer Phipps was a prominent lawyer and businessman and an heir to the Phipps family fortune and shareholder in Grace Shipping Lines. He was a polo player and thoroughbred racehorse owner and amassed thousands of acres of land along the eastern seaboard. He and his brother, Henry Carnegie Phipps, have been called the founders of the Town of Gulf Stream. 10. Phipps Residence after Harvey Ladew purchased in 1930's and built the Beach Cabana that became local landmark: (New YorkSociol Diary) http : / /www.newyorksocialdiary.com /node /1903385 /print The Phipps house sits closest to the beachfront than any other in the town due to the original configuration of SR AIA. Harvey Ladew purchased the home from the Phipps family and began renovation soon after. 11. Leon deParlier, Past Mayor of Gulf Stream, with car at Golf Stream Golf Club: (New York Social Diary) http://www.newyorksocialdiary.com/node/­1903385/print Leon deParlier was one of the first Mayors of the Town of Gulf Stream. He sat in office from January 1929 until March 1932. He again took on the role of Mayor from March 1934 until March 1935, in the place of his successor, L. K. Hoss, who stepped down. He was succeeded by James Wallace, who was the Town's acting Mayor until December 1942. 12. Phipps Residence: (New York Social Diary) http://www.newyorksocialdiarV.com/node/-1903385/print One of the first homes built in Gulf Stream, the Phipps residence has undergone many architectural changes since, but remains one of the largest beach front homes in Gulf Stream. 13. Late Mayor W. F. Koch and armed forces companions: (The Coastal Star) www.thecoastalstar.com The late Mayor William F. Koch with armed forces regiment standing in front of the B -17 — "Tempest Turner ", so named after Lana Turner. 14. Polo Awards Ceremony at Gulf Stream Polo Club: (The Coastal Star) www.thecoastalstar.com Del Carroll, Buddy Coombs, Mary Lou "Freddi' Koch, Russell Firestone, William F. Koch Jr. and William Mayer at an awards ceremony for Gulf Stream Polo players. 15. Polo Game Post Card: (Old Florida Postcards) http://oldfloridapostcards.com /products /77558.htm/ Postcards of Gulf Stream were not uncommon. This one shows the a match in play at the Gulf Stream Palo Club fields nestled between the Ocean and Intracoastal Waterway, and lined with Australian Pine and Palm trees. 16. Polo Game: (courtesy of Town of Gulf Stream records — Photo Credit to Howard Cohen) By the 1950s, polo matches could draw crowds in the thousands to the Town of Gulf Stream. Here two players and their horses position for ownership of the ball. 17. Late Mayor William F. Koch at Ground Breaking: (courtesy of Town of Gulf Stream records) Kelly Avery From: Bill Thrasher <bhrasher @gulf - stream.org> Sent: Wednesday, August 08, 2012 11:43 AM To: Marty Minor Subject: RE: Marty, if you are willing I would like you to head this project up. I would like you to reach out to allen for a quote and let me know if that works for us. If it does, I would like you to create, with Allen, what you feel would accomplish the task and maintain our character and as much privacy as possible. Would you be able to do that? From: Marty Minor [mailto:MMinor @udkstudios.com] Sent: Wednesday, August 08, 2012 11:29 AM To: Bill Thrasher Subject: RE: The website could be created using photos of public places, including Town Hall, Police Station, the Australian Pine canopy, etc. and also there is a multitude of stock photos that can be used. No photo /video of private homes would be used. The Town's desire for privacy can be maintained with a Town website. And, of course, you would have total control over what is placed on the website. The website can be as minimal or expansive as you would like. It can serve as an effective means to communicate to the public regarding meetings, agendas, and public notices (for example, reminders regarding dogs on the beach). Also, forms or documents that your office regular hands out can be placed on the website for residents to download and print (using their paper and ink). And, the website could provide a positive entry into the Town government and its services for residents. Right now, your digital entry point is either a Wikipedia page or a phone number on the County Property Appraiser's website — two sites not controlled by the Town. Allen worked closely with Jon Carleen for many years and is familiar with the Town, fyi. Marty R.A. Minor, AICP Urban Design Kilday Studios The Offices at City Place North 477 South Rosemary Avenue, Suite 225 West Palm Beach, Florida 33401 -5758 561- 366 -1100 From: Bill Thrasher [mailto:bthrasher @gulf - stream.org] Sent: Wednesday, August 08, 2012 10:17 AM To: Marty Minor Subject: RE: Marty, I am not a supporter of websites. However, there seems to be more conversation for doing so. I began looking and I can find a lot of talented business to create one. The challenge for me, knowing how private this community "presently is "and that we prohibited pictures of homes, video's, movies etc., just what do we expose or present. That is when I thought of you and you know very well the character of this Town. The website has to be construction by somebody who know that and what exactly to present, and more importantly, not to present. Please comment. From: Marty Minor (mailto:MMinorCabudkstudios com] Sent: Wednesday, August 08, 2012 10:07 AM To: Bill Thrasher Subject: RE: Bill, We used to do websites, but our graphic designer /website designer, Allen Borza, went out on his own. We still use him for our web needs and I highly recommend him. Allen's contact info is: Allen Borza Green Group Studio, Inc. Branding & Graphic Design Web Development & SEO 3D Renderings & Animation Signage & Wayfinding 8461 Lake Worth Road, Suite #229 Wellington, Florida 33467 0: 561.59.GREEN (47336) C: 954.649.2536 F: 561.340.1475 greengroupstudio.com http://www.facebook.com/greengroupstudio Below is a sample of some relevant websites Allen has created: (Alternatively, images of his website portfolio are available HERE on the studio's Facebook page) Municipal/Non-Profit: http://vesmartinfl.com/ http: / /pbcplanningcongress.org/ http://lifttomorrow.org http://www.milagrocenter.org / http: / /www.michigansaye.org/ Medical & Health Websites: http://heartandfamilyhealthinstitute.com http://harrisobgyn.com / http://www.previlean.com http://www.wellsrx.com/ http://www.midwayresearch.com/ http://www.coastal-orthopaedic.com http: // www .bovntonbeachchiropractic.com / http://adaptabath.com Marty R.A. Minor, AICP Urban Design Kilday Studios The Offices at City Place North 477 South Rosemary Avenue, Suite 225 West Palm Beach, Florida 33401 -5758 561- 366 -1100 From: Bill Thrasher rmailto :bthrasher4gulf- stream.oral Sent: Wednesday, August 08, 2012 5:53 AM To: Marty Minor Subject: Do you guys do websites? Kelly Avery From: Marty Minor Sent: Wednesday, April 03, 2013 11:55 AM To: nrb @nhmcpa.com Cc: 'Bill Thrasher' Subject: RE: Photos Attachments: gulf- stream Logo - background removed.png; Gulf Stream05Jpg; Gulf Stream26.jpg; Gulf Stream08.jpg Ron, Attached for your use is a copy of the Town logo and several of the photos from the website. If you need anything else, please feel free to contact me at any time. Thank you marty Marty R.A. Minor, AICP Urban Design Kilday Studios The Offices at City Place North 477 South Rosemary Avenue, Suite 225 West Palm Beach, Florida 33401 -5758 561- 366 -1100 urban The Offices at CityPloce North ph. (561) 366.1100 477 S. Rosemary Avenue. Suite 225 f. 1561) 366.1111 des.udksfudios.com � design West Palm Beach, Florida 33401 w 5 T U D 10 SY Urban Planning and Design I landscape Architecture I, Communication Graphics From: Bill Thrasher [mailto:bthrasher @gulf - stream.org] Sent: Wednesday, April 03, 2013 11:28 AM To: Marty Minor Cc: nrb @nhmcpa.com Subject: FW: Photos Marty Could you respond to our auditor, Ron Bennett. He is asking for some pics and logo? Also, will you have a report for the subdivision ready by Commission Packet distribution time? We distribute on Friday, but Rita likes to have them before Friday when possible. Will your report on the subdivision include recommended motions? The ARPB stumbled over that at their meeting as I used only your report and didn't give them the customary "staff report" which does give language for the motions. Thanks for everything. Wn From: Ron Bennett [mailto:NRBCa)nhmcoa.com] Sent: Wednesday, April 03, 2013 10:39 AM To: Bill Thrasher; Kelly Avery Subject: Photos Please email me the Town's logo and some of the photos that are on the Town's website. I would like to use them on the cover of the report for FY 2012. Thanks, N. Ronald Bennett, CPA, CVA, AB V, CFF Nowlen, Holt & Miner, P.A. Certified Public Accountants Northbridge Centre 515 North Flagler Drive, Suite 1700 West Palm Beach, Florida 33401 Phone: 561 - 659 -3060 Fax: 561 - 835 -0628 SEND ME A SECURE FILE 9 a� 1� p s,# 1 .�a�. a �G � •� 1 , Y 1 / 1 K • td's'+ , ^Y '•"ft;",__ - `5^�•. �� •rte«•,`~', lie � d 41; i , 7,7 1 'WIT Ak 14 tt... h. • 44 TM I A PW 41H TM I A PW TOWN OF GULF STREAM GENERAL INFORMATION Town Hall Gulf Stream Town Hall is located at 100 Sea Road. Town Hall hosts the William F. Koch, Jr. Commission chambers and the offices of the Town Manager and Town Clerk. William Thrasher is the Gulf Stream Town Manager and Rita Taylor is the Town Clerk. Town Hall is the source of the latest information about the Town and its services. For more information, you can contact Town Hall at (561) 276 -5116. Contact Information The Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 Gulf Stream Police The Town of Gulf Stream provides its own Police Department, which patrols the Town 24 hours a day. The Police Station is located at 246 Sea Road. All new and existing security alarm systems require an "application for alarm permit" which are issued by the Police Department. Police Contact Numbers For emergencies, please call 911. To contact the Gulf Stream Police Department for non - emergency police assistance, please call dispatch at 243 -7800. Contact the administrative office at 278 -8611. Crime Prevention and Safety Tips • Remove valuables from your cars and keep the doors locked. Utilize the alarm system and secure your home in your absence. An open garage door is an advertisement of the property stored within and provides an easy access point to the rest of the house. Make sure your garage door is closed completely and that it is opened only when necessary. • Going on vacation? Call your Police Department. They will check the property periodically while you are gone and notify your specified emergency contact(s) if any problems are found. Arrange for your mail, newspapers and delivered packages to be picked up daily. Town Commission The Town Commission is the elected board consisting of five commissioners. Commissioners serve three -year terms. The Mayor and Vice Mayor are selected by the Commission members. Commission meetings are held on the second Friday of every month beginning at 9 a.m. at the Town Hall, 100 Sea Road. The members of the Town Commission are: Mayor Joan Orthwein Muriel J. Anderson W. Garrett Dering Robert Ganger Thomas Stanley Architectural Review and Planning Board The Architectural Review and Planning Board, composed of five members and two alternates, is a voluntary board which reviews, considers and makes recommendations to the Town Commission regarding proposed development projects and issues within the Town. The Board can also review, consider and give final approval for limited development projects, as specific by the Town's Code of Ordinances. Board members are selected by the Town Commission and they also serve three -year terms. ARPB members are limited to serving three consecutive terms. The Architectural Review and Planning Board meet on the fourth Thursday of every month at 8:30 a.m. at Town Hall, 100 Sea Road. The members of the Architectural Review and Planning Board are: Scott Morgan Paul A. Lyons, Jr. Thomas Smith Malcolm Murphy Amanda Jones SERVICES Fire and Rescue The Town contracts with the City of Delray Beach for Fire and Emergency Medical Service. For emergencies, always call 911. For non - emergencies, the Delray Beach Fire Rescue Department can be reached at (561) 243 -7400. Water Service Billing for water services is provided through the Town. Please call the Town Hall, (561) 276- 5116, if you have any questions regarding your bill. New residents should call Town Hall to advise the Town that you are the new owner of the property and will be responsible for the water bill. By doing so, proper changes may be made to the resident list to ensure that you receive your bill in a timely fashion. Electrical Service Electrical service is provided within the Town by Florida Power and Light (FPQ. FPL can be contacted online or by phone at (561) 994 -8227. Telephone /Internet /Television Communication Services are offered by several providers. AT &T /BellSouth (1 -888- 333 -6651 for new service and 1- 800 - 331 -0500 for customer support) and Comcast (1- 800 - 266 -2278) offer telephone, internet and television services to the Town. Solid Waste Disposal The Town currently has a franchise agreement with Waste Management, which provides for "back- door" garbage pick up on Wednesday and Saturday east of the Intracoastal Waterway and on Monday and Thursday in Place Au Soled. It is not necessary to carry your garbage curbside. In order to maintain the community's appearance on garbage days, please leave the garbage just outside the side door or garage door. You can also designate an enclosed area just beside the garage and inform Waste Management of its location (561) 547 -4000. Recycling pick -up is on Saturday east of the Intracoastal and Thursday in Place Au Soleil. Non- dumpster residents will be billed bi- monthly by the Town. Please contact Waste Management for large vegetative and bulk pickup. Homeowners may be billed separately by Waste Management for bulk pick -up per cubic yard. Development Review Process In order to preserve our unique community character, the Town adopted Design Guidelines that address exterior aspects of your home. If you are planning exterior remodeling, painting or major landscaping work, please contact the Town Manager at (561) 276 -5116 to review your plans and determine what requirements may apply. Prior to any changes to the exterior of the home or major landscape work, a pre - application meeting is required with the Town Manager. This meeting will determine the appropriate development review process and what materials are required for submittal. The Town's Future Land Use Plan (PDF link) and Zoning Map (PDF link) govern the uses and structures allowed within the community. The Town has no existing and does not allow commercial or industrial uses. The Town Code of Ordinances, including the Land Development Regulations and Design Manual, and the development applications are available for review and purchase at Town Hall. New development applications are due to the Town by the 15`n of each month. Depending upon the request, a development application may be reviewed and considered by Town Staff, the Architectural Review and Planning Board and Town Commission. For items requiring consideration by the Town Commission, recommendations are provided by the Architectural Review and Planning Board and Town Staff. A chart outlining the development review process is here (PDF link). Building Permits are processed through an agreement with the City of Delray Beach. All applicants must fill out the pertinent City of Delray Beach Building Permit application and submit it to the Town with four sets of drawings, product approvals, etc., as required by the City of Delray Beach, for approval. After approval from the Town of Gulf Stream, all permits are picked up by the applicant and submitted to the City of Delray Beach for review and inspections. NEWS AND NOTICES Long -time Mayor William F. Koch, Jr. Dies William F. Koch, Jr., the Mayor of Gulf Stream for the past 46 years passed away on June 16tH 2012. He was 91. The beloved Mayor guided the Town through boom and bust years to create the charming and unique community that exists today. Mr. Koch came to Gulf Stream as a boy in the late 1920s, where he roamed the open beaches and played in the caves dotted along the upland areas. He attended Rollins College in Winter Park and later joined the U.S. Army Air Corps as a bombardier in World War II. After the war, Mr. Koch and his bride, Mary Lou (Freddie), moved to the area, where Mr. Koch opened his real estate office in Delray Beach. Mr. Koch's service to the Town began in 1956 when he was named mosquito commissioner after he complained about the swarms of the insects plaguing Gulf Stream's polo fields. Mr. Koch then joined the Town Commission. After a stint on the Palm Beach County Planning and Zoning Board, he rejoined the Town Commission in 1966 and was appointed mayor— a position he served for 46 years. In addition to his civic service, Mr. Koch served on the boards of Bethesda Memorial Hospital, public television station WPBT -2, SunTrust banks and Episcopal churches. He is survived by his wife of 64 years, two children and two grandchildren. Whiteflies Damage Landscaping Whiteflies have become a major problem with landscaping in South Florida. The whitefly, native of Central America, damages palms and ornamental vegetation and leaves sooty droppings. The pest can kill palms, ficus hedges and other landscaping. For more information on the Whitefly and how to eradicate it, please check the: Palm Beach County Whitefly Task Force New Stop Signs New stop signs have been installed on all intersections along Gulf Stream Road, Polo Drive and at Sea Road and County Road. In addition, a school zone has been established from Sea Road and County Road to Gulf Stream Road and Lakeview Drive. The school zone will reduce the speed limit from 20 mph to 15 mph on school days during designated hours. During those time periods, speeding fines will be doubled in compliance with Florida Traffic Statutes. These measures have been undertaken to address traffic generated by construction trucks and other types of large commercial and delivery vehicles during daytime hours and to provide an additional layer of safety for our school children, many of whom walk and ride their bicycles to and from school. Lawn Watering Restrictions Residents in the Town are restricted by the South Florida Water Management District (SFWMD) to Phase II watering restrictions. Odd numbered addresses may irrigate on Monday, Wednesday and Saturday and even numbered addresses may irrigate on Tuesday, Thursday and Sunday, both during non - daylight hours. Irrigation between 10 a.m. and 4 p.m. is prohibited by the SFWMD. For guidelines on new sod and new plantings, please contact the Town Hall. Workers to Be Registered All workers hired to perform services for your property (employees and deliveries not included) must be registered to do work in the Town. If you are hiring a contractor (for example, to do lawn work or make improvements to your home) please ask them to register at Town Hall if they are not currently on file. Occupational registration is designed to ensure workers are properly licensed and insured, which enhances the safety of the community. Pet Reminders • All pets MUST be on a leash within the Town limits. The only exception would be on your private property. • When walking your dog, please be courteous to other residents and pedestrians by taking responsibility for your dog's waste. Flood Zoning Information As a public service, the Town of Gulf Stream provides the following information upon request: • Whether a property is in or out of the Special Flood Hazard Area (SFHA) as shown on the current Flood Insurance Rate Map (FIRM) of the Town. • Additional flood insurance data, such as the FIRM Zone and the base flood elevation or depth, if shown on the FIRM of the Town. • The Town also has elevation certificates for many of the properties in Town. • The Town participates in the Community Rating system, a part of the National Flood Insurance Program, and some residents qualify for a 15% discount on their flood insurance rates. Please talk to your insurance agent. Call 276 -5116 or visit Town Hall during regular business hours, 9:OOam to 4:OOpm, to obtain further information. Lawn Trimmings Please note that lawn maintenance firms and tree trimmers must take their cuttings with them. The Town's contract with Waste Management does not include cuttings and lawn maintenance debris. You may be billed for the pickups outside the scope of our contract. Resident Decals Resident Decals are available at the Town Hall and Police Department. Vehicle decal(s) are provided for your vehicle at no charge. The decals are issued according to your Vehicle Identification Number appearing on the vehicle registration. These decals help our Police Department recognize which cars belong to Gulf Stream residents and which cars require closer observation. If you do not have the registration available, anything that the Vehicle Identification Number appears on is acceptable (i.e., insurance card, title). Undergrounding Update Based on the result of a 2011 straw poll of residents, the Town is in the process of placing above ground utilities, such as electrical, telephone and cable lines, underground. Projected completion date for the entire project will be March 2014. Australian Pines One of the most distinctive features of the Town is its historic canopy of Australian Pines along North Ocean Boulevard (State Road A1A). The pines were originally planted during the 1920s. The deep sandy soil in Gulf Stream allowed for a deep root structure which has provided solid stability for the trees. In 1992, the 2 -mile stretch of North Ocean Boulevard and the accompanying canopy were designated by the Florida Legislature as a State Historic Scenic Highway. As such, the historic canopy continues to be preserved and maintained. Residents should contact the Town Hall before doing any landscaping work at the base of the Australian pine trees. The Town Arborist has instructed the Town as to how the Australian Pines should be maintained and there are strict guidelines to which we adhere regarding fertilizing and any pruning. Turf should be removed or a herbicide applied to kill the grass directly around the trunks. A clear area of at least 18" should be maintained around all trees. A thin layer of mulch (about 2" thick) should be used to help reduce turf incursion into this area directly around the trunks. Mulch should not be piled up on the trunks. The Arborist noted several trees with damage caused by lawn services weed eating around the tree trunks. We are told that this type of damage cannot be repaired and shortens the life of any tree, not just Australian Pines. Civic Association The Town of Gulf Stream Civic Association, Inc. is organized by town residents for the advancing of the civic interests of the Town of Gulf Stream. This association is a non - profit corporation. Driving on Local Roads Due to the narrow nature of our roads, residents are asked to take special care while driving on local roads and watch for children, pedestrians, cyclists and golf carts. Please observe posted speed limits. HISTORY History of Gulf Stream During the early 1920s, a group of prominent investors made arrangements and secured land for the development of an exclusive golf course which was to be located south of Palm Beach in Lake Worth. Within a year of its inception, the proposed location of the golf club was changed to the present site at Gulf Stream. Donald Ross was retained to design the golf course and J.R. Brooks was hired to build it. With the completion of the beautiful Spanish -style clubhouse, designed by the well -known architect Addison Mizner, the Gulf Stream Club opened for play in 1924. As early as 1923, rumors of a polo field in the town had been circulating and by June 1924, the initial phase of development had begun. Although the official season was not until 1927, the first games were held in 1926 and the polo club became an instant success. The club soon became known as the "Winter Polo Capital of the World" and "The Birthplace of Florida Polo ". An era passed into history in the 1960s when the last of the famous Gulf Stream Polo Club fields was converted into home sites and a par -three golf course. The influence and prestige of polo and the Gulf Stream Golf Club, which still functions today, can be detected throughout the town. The success of both the Gulf Stream Golf Club and the polo fields drew people to the town and became a major force behind the growth and development of the town. People had been purchasing tracts of land and building mansions along the beachfront as early as 1923. By 1925, many of the houses were completed, and officers and members of the Gulf Stream Golf Club were influential in getting the Florida Legislature to grant a charter establishing Gulf Stream as a town. By 1930, the town was firmly established as a winter resort for the wealthy. Although early houses were typically mansions, today the town is extensively subdivided, with fewer large mansions and more moderate - sized, distinguished homes. The majority of the town grew as subdivisions between the Atlantic Ocean and the Intracoastal Waterway. The only exception is the Place au Soled subdivision, established in 1960 and located west of the Intracoastal Waterway. In an effort to maintain a tranquil setting, obtrusive commercial and industrial uses were prohibited long ago. More recently, several of the remaining vacant beachfront lots were upgraded to single - family zoning from previous multiple - family designations. TOWN OF GULF STREAM GENERAL INFORMATION Town Hall Gulf Stream Town Hall is located at 100 Sea Road. Town Hall hosts the William F. Koch, Jr. Commission chambers and the offices of the Town Manager and Town Clerk. William Thrasher is the Gulf Stream Town Manager and Rita Taylor is the Town Clerk. Town Hall is source of the latest information about the Town and its services. For more information, you can contact Town Hall at (561) 276 -5116. Contact Information The Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 (561) 276 -5116 Gulf Stream Police The Town of Gulf Stream provides its own Police Department, which patrols the Town 24 hours a day. The Police Station is located at 246 Sea Road. All new and existing security alarm systems require an "application for alarm permit" which are issued by the Police Department. Police Contact Numbers For emergencies, please call 911. To contact the Gulf Stream Police Department for non - emergency issues, please call 278 -8611, regular business days between 8:00am and 4:OOpm OR Dispatch at 243 -7800 anytime. Crime Prevention and Safety Tips • Remove valuables from your cars and keep the doors locked. Utilize the alarm system and secure your home in your absence. An open garage door is an advertisement of the property stored within and provides an easy access point to the rest of the house. Make sure your garage door is closed completely and that it is opened only when necessary. • Going on vacation? Call your Police Department. They will check the property periodically while you are gone and notify your specified emergency contact(s) if any problems are found. Arrange for your mail, newspapers and delivered packages to be picked up daily. Town Commission The Town Commission is the elected board consisting of a Mayor, Vice Mayor and three Commissioners. Commissioners serve three -year terms. The Mayor and Vice Mayor are selected by the Commission members. Commission meetings are held on the second Friday of every month beginning at 9 a.m. at the Town Hall, 100 Sea Road. The members of the Town Commission are: Mayor Joan Orthwein Muriel J. Anderson W. Garrett Dering Robert Ganger Thomas Stanley Architectural Review and Planning Board The Architectural Review and Planning Board is a voluntary board which reviews, considers and makes recommendations to the Town Commission regarding proposed development projects and issues within the Town. The Board can also review and consider for approval limited development project, as specific by the Town's Code of Ordinances. Board members are selected by the Town Commission and they also serve three -year terms. ARPB members are limited to serving three consecutive terms. The Architectural Review and Planning Board meet on the fourth Thursday of every month at 8:30 a.m. at Town Hall, 100 Sea Road. The members of the Architectural Review and Planning Board are: Scott Morgan Paul A. Lyons, Jr. Thomas Smith Malcolm Murphy Amanda Jones SERVICES Fire and Rescue The Town contracts with the City of Delray Beach for Fire and Emergency Medical Service. For emergencies, always call 911. For non - emergencies, the Delray Beach Fire Rescue Department can be reached at (561) 243 -7400. Water Service Billing for water services is provided through the Town. Please call the Town Hall, (561) 276- 5116, if you have any questions regarding your bill. New residents should call Town Hall to the Town that you are the new owner of the property and will be responsible for the water bill. When you do this, we are able to make the proper changes to our resident list and ensure that you receive your bill in a timely fashion. Electrical Service Electrical service is provided in the Town by Florida Power and Light (FPL). FPL can be contacted online or by phone at (561) 994 -8227. Telephone /Internet /Television Communication Services are offered by several providers. AT &T /BellSouth (1 -888- 333 -6651 for new service and 1 -800- 331 -0500 for customer support) and Comcast (1- 800 -266 -2278) offer telephone, internet and television services to the Town. Solid Waste Disposal The Town currently has a franchise agreement with Waste Management, which provides for "back- door" garbage pick up on Wednesday and Saturday east of the Intracoastal Waterway. It is not necessary to carry your garbage curbside. In order to maintain the community's appearance on garbage days, please leave the garbage just outside the side door or garage door. You can also designate an enclosed area just beside the garage and inform Waste Management of its location (561) 547 -4000. Recycling pick -up is on Saturday east of the Intracoastal. Non- dumpster residents will be billed bi- monthly by the Town. Please contact Waste Management for large vegetative and bulk pickup. Homeowners may be billed separately by Waste Management for bulk pick -up per cubic yard. Development Review Process In order to preserve our unique community character, the Town adopted Design Guidelines that address exterior aspects of your home. If you are planning exterior remodeling, painting or major landscaping work, please contact the Town Manager at (561) 276 -5116 to review your plans and determine what requirements may apply. Prior to any changes to the exterior of the home or major landscape work, a pre - application meeting is required with the Town Manager. This meeting will determine the appropriate development review process and what materials are required for submittal. The Town's Future Land Use Plan (PDF link) and Zoning Map (PDF link) govern the uses and structures allowed within the community. The Town has no existing or allows commercial or industrial uses. The Town Code of Ordinances, including the Land Development Regulations and Design Manual, and the development applications are available for review and purchase at Town Hall. New development applications are due to the Town by the 1511 of each month. Depending upon the request, a development application may be reviewed and considered by Town Staff, the Architectural Review and Planning Board and Town Commission. For items requiring consideration by the Town Commission, recommendations are provided by the Architectural Review and Planning Board and Town Staff. A chart outlining the development review process is here (PDF link). Building Permits are processed through an agreement with the City of Delray Beach. All applicants must fill out the applicable City of Delray Beach Building Permit and submit it to the Town with three sets of drawings, product approvals, etc., as required by the City of Delray Beach, for approval. After approval from the Town of Gulf Stream, all permits are picked up by the applicant and submitted to the City of Delray Beach for review and inspections. NEWS AND NOTICES Long -time Mayor William F. Koch, Jr. Dies William F. Koch, Jr., the Mayor of Gulf Stream for the past 46 years passed away on June 17tH 2012. He was 91. The beloved Mayor guided the Town through boom and bust years to create the charming and unique community that exists today. Mr. Koch came to Gulf Stream as a boy in the late 1920s, where he roamed the open beaches and played in the caves dotted along the upland areas. He attended Rollins College in Winter Park and later joined the U.S. Army Air Corps as a bombardier in World War II. After the war, Mr. Koch and his bride, Mary Lou (Freddie), moved to the area, where Mr. Koch opened his real estate office in Delray Beach. Mr. Koch's service to the Town began in 1956 when he was named mosquito commissioner after he complained about the swarms of the insects plaguing Gulf Stream's polo fields. Mr. Koch then joined the Town Commission. After a stint on the Palm Beach County Planning and Zoning Board, he rejoined the Town Commission in 1966 and was appointed mayor— a position he served for 46 years. In addition to his civic service, Mr. Koch served on the boards of Bethesda Memorial Hospital, public television station WPBT -2, SunTrust banks and Episcopal churches. He is survived by his wife of 64 years, two children and two grandchildren. Whiteflies Damage Landscaping Whiteflies have become a major problem with landscaping in South Florida. The whitefly, native of Central America, damages palms and ornamental vegetation and leaves sooty droppings. The pest can kill palms, ficus hedges and other landscaping. For more information on the Whitefly and how to eradicate it, please check the: Palm Beach County Whitefly Task Force New Stop Signs New stop signs have been installed on all intersections along Gulf Stream Road, Polo Drive and at Sea Road and County Road. In addition, a school zone has been established from Sea Road and County Road to Gulf Stream Road and Lakeview Drive. The school zone will reduce the speed limit from 20 mph to 15 mph on school days during designated hours. During those time periods, speeding fines will be doubled in compliance with Florida Traffic Statutes. These measures have been undertaken to address traffic generated by construction trucks and other types of large commercial and delivery vehicles during daytime hours and to provide an additional layer of safety for our school children, many of whom walk and ride their bicycles to and from school. Lawn Watering Restrictions Residents in the Town are restricted by the South Florida Water Management District (SFWMD) to Phase II watering restrictions. Odd numbered addresses may irrigate on Monday, Wednesday and Saturday and even numbered addresses may irrigate on Tuesday, Thursday and Sunday, both during non - daylight hours. Irrigation between 10 a.m. and 4 p.m. is prohibited by the SFWMD. For guidelines on new sod and new plantings, please contact the Town Hall. Workers to Be Registered All workers hired to conduct services for your property (employees and deliveries not included) must be registered to do work in the Town. If you are hiring a contractor (for example, to do lawn work or make improvements to your home) please ask them to register at Town Hall if they are not currently on file. Occupational registration is designed to ensure workers are properly licensed and insured, which enhances the safety of our community. Pet Reminders • All of your pets MUST be on a leash within the Town limits. The only exception would be on your private property. • When walking your dog, please be courteous to other residents and pedestrians by taking responsibility for your dog's waste. Flood Zoning Information As a public service, the Town of Gulf Stream provides the following information upon request: • Whether a property is in or out of the Special Flood Hazard Area (SFHA) as shown on the current Flood Insurance Rate Map (FIRM) of the Town. • Additional flood insurance data, such as the FIRM Zone and the base flood elevation or depth, if shown on the FIRM of the Town. • The Town also has elevation certificates for many of the properties in Town. • The Town participates in the Community Rating system, a part of the National Flood Insurance Program, and some residents qualify for a 15% discount on their flood insurance rates. Please talk to your insurance agent. Call 276 -5116 or visit Town Hall during regular business hours, 9:OOam to 4:OOpm, to obtain further information. Lawn Trimmings Please note that lawn maintenance firms and tree trimmers must take their cuttings with them. The Town's contract with Waste Management does not include cuttings and lawn maintenance debris. You may be billed for the pickups outside the scope of our contract. Resident Decals Resident Decals are available at the Town Hall and Police Department, vehicle decal(s) are provided for your vehicle at no charge. The decals are issued according to your Vehicle Identification Number appearing on the vehicle registration. These decals help our Police Department recognize which cars belong to Gulf Stream residents and which cars require closer observation. If you do not have the registration available, anything that the Vehicle Identification Number appears on is acceptable (insurance card, title). Undergrounding Update Based on the result of a 2011 straw poll of residents, the Town is in the process of placing above ground utilities, such as electrical, telephone and cable lines, underground. Projected completion date for the entire project will be March 2014. Australian Pines One of the most distinctive features of the Town is its historic canopy of Australian Pines along North Ocean Boulevard (State Road AIA). The pines were originally planted during the 1920s. The deep sandy soil in Gulf Stream allowed for a deep root structure which has provided solid stability for the trees. In 1992, the 2 -mile stretch of North Ocean Boulevard and the accompanying canopy were designated by the Florida Legislature as a State Historic Scenic Highway. As such, the historic canopy continues to be preserved and maintained. Residents should contact the Town Hall before doing any landscaping work at the base of the Australian pine trees. The Town Arborist has instructed the Town as to how the Australian Pines should be maintained and there are strict guidelines to which we adhere regarding fertilizing and any pruning. Turf should be removed or a herbicide applied to kill the grass directly around the trunks. A clear area of at least 18" should be maintained around all trees. A thin layer of mulch (about 2" thick) should be used to help reduce turf incursion into this area directly around the trunks. Mulch should not be piled up on the trunks. The Arborist noted several trees with damage caused by lawn services weed eating around the tree trunks. We are told that this type of damage cannot be repaired and shortens the life of any tree, not just Australian Pines. Civic Association The Town of Gulf Stream Civic Association, Inc. is organized by town residents for the advancing of the civic interests of the Town of Gulf Stream. This association is a non - profit corporation with membership on an election by the Board of Directors. The Board of Directors establishes the annual dues. The by -laws also provide for the election of officers, the establishment of committees and other appropriate functions. Driving on Local Roads Due to the narrow nature of our roads, residents are asked to take special care while driving on local roads and watch for children, pedestrians, cyclists and golf carts. Please observe posted speed limits. HISTORY History of Gulf Stream During the early 1920s, a group of prominent investors made arrangements and secured land for the development of an exclusive golf course which was to be located south of Palm Beach in Lake Worth. Within a year of its inception, the proposed location of the golf club was changed to the present site at Gulf Stream. Donald Ross was retained to design the golf course and J.R. Brooks was hired to build it. With the completion of the beautiful Spanish -style clubhouse, designed by the well -known architect Addison Mizner, the Gulf Stream Club opened for play in 1924. As early as 1923, rumors of a polo field in the town had been circulating and by June 1924, the initial phase of development had begun. Although the official season was not until 1927, the first games were held in 1926 and the polo club became an instant success. The club soon became known as the "Winter Polo Capital of the World" and "The Birthplace of Florida Polo ". An era passed into history in the 1960s when the last of the famous Gulf Stream Polo Club fields was converted into home sites and a par -three golf course. The influence and prestige of polo and the Gulf Stream Golf Club, which still functions today, can be detected throughout the town. The success of both the Gulf Stream Golf Club and the polo fields drew people to the town and became a major force behind the growth and development of the town. People had been purchasing tracts of land and building mansions along the beachfront as early as 1923. By 1925, many of the houses were completed, and officers and members of the Gulf Stream Golf Club were influential in getting the Florida Legislature to grant a charter establishing Gulf Stream as a town. By 1930, the town was firmly established as a winter resort for the wealthy. Although early houses were typically mansions, today the town is extensively subdivided, with fewer large mansions and more moderate - sized, distinguished homes. The majority of the town grew as subdivisions between the Atlantic Ocean and the Intracoastal Waterway. The only exception is the Place au Soleil subdivision, established in 1960 and located west of the Intracoastal Waterway. In an effort to maintain a tranquil setting, obtrusive commercial and industrial uses were prohibited long ago. More recently, several of the remaining vacant beachfront lots were upgraded to single - family zoning from previous multiple - family designations. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail August 9, 2015 freddy farnsworth [mail to: frederick .freddy.famsworth @gmail.com] Re: GS #1864 (website comments GS) Any records of comments received from Town staff or Town officials about the web site for the Town of Gulf Stream. Dear freddy farnsworth [mail to: frederick .freddv.famsworthaa,gmail.coml, The Town of Gulf Stream received your public records request on June 22, 2014. You should be able to view your original requests at the following link htto://www2.gulf- stream. org/ weblink/0 /doc/56227/Pagel.asnx. In future correspondence, please refer to this public records request by the above referenced numbers. The responsive records can be found at the same above link. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records