HomeMy Public PortalAbout01/11/2013MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JANUARY 11, 2013 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 Mayor
Orthwein.
III. Roll Call.
Present and
Participating
Also Present and
Participating
IV. Minutes.
Joan K. Orthwein
Tom Stanley
Muriel Anderson
W. Garrett Dering
Robert W. Ganger
William Thrasher
Rita Taylor
John Randolph
Garrett Ward
Greg Young
Rene Tercilla of
Tercilla Courtemanche
James Boyce
Danny Brannon of
Brannon & Gillespie
Mayor
Vice -Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Clerk
Town Attorney
Police Chief
G.S. School
Agent /G.S. School
Arch.
Agent /4001 N. Ocean
OK Seahorse LLLC
Town Undergrounding
Consultant
A. Joint Meeting with ARPB December 14, 2012
Commissioner Ganger noted the word "seminal" was misspelled on page 4 of
the Minutes. Vice -Mayor Stanley moved and Commissioner Ganger seconded
to approve the Minutes of the December 14, 2012 Joint Meeting with the
ARPB as amended. There was no discussion. All voted AYE.
B. Regular Meeting & Public Hearing December 14, 2012
Commissioner Ganger said he may have misspoken or he was misquoted on
Page 4 of the Minutes as saying "the dune is gone" during the discussion
of Delray's beach renourishment project. He said some dunes are
seriously eroded, but the dune is not gone and he did not say that.
Commissioner Ganger moved and Commissioner Anderson seconded to approve
the Minutes of the December 14, 2012 Regular Meeting & Public Hearing,
as amended.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Clerk Taylor announced that Representative Hager was called to appear in
court and, therefore, would not be present to report on the 2013 Opening
Session. Item VI.A. was withdrawn from the Agenda.
VI. Public Requests.
A. 2013 Opening Session Report- Representative Hager
This Item has been withdrawn from the Agenda.
Regular Meeting and Public Hearing
Town Commission - January 11, 2013 Page 2
VII. Announcements.
A. Regular Meetings and Public Hearings
1. February 8, 2013 @ 9:00 A.M.
2. March 8, 2013 @ 9:00 A.M.
3. April 12, 2013 @ 9:00 A.M.
4. May 10, 2013 @ 9:00 A.M.
5. June 14, 2013 @ 9:00 A.M.
O Mayor Orthwein noted the meeting schedule and asked if there were any
conflicts. Clerk Taylor said the Town's Election Day is March 12th, and
newly elected Commissioners will take office and be sworn in at Noon on
March 15th. She said the March Regular Meeting and Public Hearing can be
held on March 8th at 9:00 A.M. as scheduled or the Commission can hold a
short meeting on March 15th at 11:00 A.M. followed by the swearing in of
Commissioners at 12:00 Noon. The consensus of the Commissioners was to
change the meeting to March 15th at 11:00 A.M. followed by the Swearing
In of newly elected Commissioners at 12:00 Noon. There were no other
conflicts.
B. Mayor's Proclamation for Election March 12, 2013
Clerk Taylor read the Mayor's Proclamation for Election proclaiming
March 12, 2013 as Election Day in the Town of Gulf Stream, and stated
that the Proclamation will be signed by Mayor Orthwein.
VIII. PUBLIC HEARING.
A. Applications for Development Approval
Clerk Taylor administered the Oath to the following: Greg Young of Gulf
Stream School; Rene Tercilla, Architect, of Tercilla Courtemanche
Architects; and, Jim Boyce representing OK Seahorse LLLP for 4001 N.
Ocean Blvd. There were no declarations of Ex -parte communication
concerning the application submitted for Clippinger. It was noted that
Quinn Miklos, Architect /Agent for Clippinger was not present. Mr.
Randolph recommended moving on to Item III.A.2 and coming back to this
application after the others have been heard.
1. An application submitted by Quinn Miklos, Miklos & Asssoc.
as Agent for Gerald & Sharon Clippinger, the owners of
property located at 2538 Avenue Au Soleil, Gulf Stream,
Florida, which is legally described as Lot 48 Place Au
Soleil Subdivision.
a. SPECIAL EXCEPTION to permit the extension of an
existing non - conforming wall that encroaches 4.2
feet into the required 15 foot south side setback.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
10 additions consisting of bathroom, covered entry and
additional living area, a net total of 716.6 square
feet, to the existing one -story single family
dwelling and an exterior renovation to smooth stucco
with the addition of quoins on the corners. A new
brick driveway will also be a part of the
renovations.
This application was moved to be heard last.
2. An Application submitted by Rene Tercilla, Tercilla
Courtemanche Architects, Inc. as agent for The Gulf
Stream School Foundation, Inc., owners of property
Regular Meeting and Public Hearing
Town Commission - January 11, 2013 Page 3
located at 3600 Gulf Stream Road, Gulf Stream, Florida,
legally described as a parcel of land lying in Section
3, Township 46 South, Range 43 East, Palm Beach County,
Florida.
a. VARIANCE #1 to allow an increase in total floor area
that will exceed the 61,737 square feet allowed in
the existing Developer's Agreement by 1,617 square
feet.
b. VARIANCE #2 to permit an increase of 1,765 square
feet over the 6,000 square feet permitted for the
second floor area in the existing Developer's
Agreement.
C. DEMOLITION to demolish the existing one story
pavilion consisting of 1,681 square feet.
d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to replace
and enlarge the first floor pavilion and add three
second floor classrooms, an interior corridor and an
exterior covered walkway and stairs, a total of
4,875 square feet.
Clerk Taylor asked for declarations of Ex -parte communication. Mayor
Orthwein, Vice -Mayor Stanley, Commissioner Dering, Commissioner Ganger
and Commissioner Anderson all stated that they met individually with
Greg Young and Joe Zelewski at Gulf Stream School to discuss the
project.
Greg Young, Board Chairman and President of Gulf Stream School, Inc.,
introduced himself, saying he is a Gulf Stream Resident and a parent of
five children that have attended the School. He said Joe Zelewski, Head
of School, Rene Tercilla, Project Architect, Board Vice -Chair and
Trustee, Hillary Lynch, Jack Thompson and Penny Kosinsky, Trustees, and
Andrew Young, a student of Gulf Stream School are present. Mr. Young
summarized the requests in this application, which he said includes
their Mission Statement and values of Gulf Stream School, and he briefly
summarized the Schools accreditation.
Mr. Young said the Town and the School entered into a Developer's
Agreement in 1994, which was amended in 2002 to permit two phases of
construction on the property. He said building lines were established
for one and two -story structures within the school grounds and the
Agreement provided a cap on student head count. Mr. Young said they do
not want to alter anything in the Developer's Agreement, but they are
�) reaching the enrollment cap and are in need of three new classrooms to
accommodate upper grades. He said they chose Tercilla Courtrmanche
Architects because they design and assist with the construction of
schools and education facilities on a nationwide basis, they are based
in Palm Beach County and have worked with private schools here, and they
are very well credentialed in that capacity.
Rene Tercilla of Tercilla Courtemanche Architects introduced himself.
He summarized the boundaries for overall development and 2nd story
development set forth in the Developer's Agreement and he said what they
are proposing exists within the overall and 2nd story development
Regular Meeting and Public Hearing
Town Commission - January 11, 2013 Page 4
limitations with an increase of square footage. Mr. Tercilla said there
is an existing open pavilion next to the 2 -story Media & Library Center
and they propose to demolish the pavilion and build a new 2 -story
pavilion to be attached to the 2 -story Media & Library Center. He said
the new pavilion will be enclosed on the lst floor with the ability to
open the space and there will be three classrooms above. He said there
is an existing stairway at the end of the 2 -story Media & Library Center
O which will be removed and relocated where the two buildings meet, and
there will be a walkway across the front of the new pavilion on the 2nd
story from which students will enter the classrooms.
With regard to mass, Mr. Tercilla explained that eave heights will
match, but the roof heights of the pavilion and the Media Center will
differ. He said they are under the current allowable, with the pavilion
being 121.4' and the Media Center being another 28.10' higher. Mr.
Tercilla said the new Pavilion will have A/C and heat and the ground
level will be enclosed with by -fold French Doors for the ability to
provide open air space. He displayed a rendering indicating very little
of the new structure being visible from the west elevation.
Patricia Randolph, a Gulf Stream resident, asked how the School will
address going green. Mr. Young said the classrooms are updated
regularly and green material is always used. Mr. Tercilla said the
project will be done in a sustainable way and will be green, and added
that all projects are done that way now.
Commissioner Ganger said when reviewing this project the School
indicated that the plan may include changes to gating and providing more
security on campus, and he asked if those changes are proposed. Mr.
Young said they discussed the possibility of gating and locking the AlA
entrance and changing the way traffic enters School property from the
west side. He said there is a plan in place to engage in safety and
security dialogue internally and any proposed changes will require
another application to the ARPB. Mr. Young said there will also be
landscaping changes at the front of the School on Gulf Stream Rd. and
some change to the west side of the physical School itself. Commissioner
Ganger asked about changing out the transformer on School property to
increase efficiency in bringing power in. Mr. Young said is a
communication matter relative to the undergrounding project and he is
waiting for more information once undergrounding is underway.
Mr. Young closed by saying a drainage plan is included in their
application, the entire construction area will be fenced off and all
construction parking will be on site, and the Police Department will
provide them with a Construction Traffic Management Plan. He said the
construction documents are being prepared for bid, they would like to
demolish the existing pavilion and start construction over Spring Break,
and they estimate completion of the project around the end of November,
2013.
With regard to the use of School property for after hours functions,
other than those allowed by the existing Developer's Agreement,
Commissioner Ganger said it was very helpful to the community to have
Regular Meeting and Public Hearing
Town Commission - January 11, 2013 Page 5
the use of School property for the undergrounding and annexation
meetings, and he asked if such use will be inhibited by construction.
Mr. Young said the Commission may want to address that, but he said they
want the School to be available as a good neighbor policy for those
types of meetings that involve the community. Mayor Orthwein said it
was something that was included in the Developer's Agreement years ago.
Mr. Randolph said Condition #2 states that no additional after -hours
functions shall be held at the School other than those allowed by the
existing Developer's Agreement. Mr. Thrasher said in addition to that,
the Developer's Agreement states that the premises will not be used for
any activities other than for school or community events involving the
residents of Gulf Stream, Florida. Mr. Young said they want to continue
to abide by the Developer's Agreement.
Mr. Thrasher said there were some recommended changes by the ARPB in the
Conditions of Approval, specifically in Conditions #6 and #7, and he
said the motions should include those recommended changes. Vice -Mayor
Stanley moved and Commissioner Ganger seconded to approve a Variance to
allow an increase in total floor area that will exceed the 61,737 SF
allowed in the existing Developer's Agreement by 1,617 SF, subject to
Conditions 1 - 7 as outlined by Staff, including the changes regarding
limitation of legal fees not to exceed $5,000, and the conditions and
figures set forth in the application and motions recommending approval
shall be incorporated into a Revised Developer's Agreement. There was
no discussion. All voted AYE. Vice -Mayor Stanley moved and
Commissioner Daring seconded to approve a Variance to permit an increase
of 1,765 SF over the 6000 SF permitted for the second floor area in the
existing Developer's Agreement, subject to the aforementioned Conditions
1 - 7. All voted AYE. Vice -Mayor Stanley moved and Commissioner Daring
seconded to permit the demolition of the existing one -story Pavilion
consisting of 1,682 SF. There was no discussion. All voted AYE. Vice -
Mayor Stanley moved and Commissioner Daring seconded to approve a Level
III Architectural /Site Plan to replace and enlarge the first floor
pavilion and add three second floor classrooms, an interior corridor and
an exterior covered walkway and stairs, a total of 4,875 SF, subject to
the Conditions of Approval, 1 - 7, as follows:
1. The student enrollment shall be permanently capped at 250, as
limited by the existing Developer's Agreement. A yearly certification
of the enrollment shall be provided the Town;
2. No additional after -hours functions shall be held at the School
other than those allowed by the existing Developer's Agreement;
3. The private school campus shall not be expanded onto existing
single - family lots, as dictated by RS -C and RS -0 zoning district use
regulations;
4. A Construction Traffic Management Plan shall be submitted prior
to the issuance of a building permit application. This plan shall be
reviewed and approved by the Police Chief;
5. The School shall reimburse the Town for all Town legal fees and
Town advertising associated with this application in an amount not to
exceed $5,000, and for all Town advertising costs associated with this
application.
Regular Meeting and Public Hearing
Town Commission - January 11, 2013 Page 6
6. The School is respectfully requested to dedicate a 9' utility
easement across the entire frontage of AlA to be used exclusively for
future undergrounding of power, phone and utility lines. (A long -term
Town goal.); and,
7. The above - listed Conditions and figures set forth in the Variance
approvals shall be incorporated into an Amended Developer's Agreement.
There was no further discussion. All voted AYE.
O 3. An application submitted by James Boyce of OK Seahorse
LLLP as agent for OK Seahorse LLLP, owners of the
property located at 4001 N. Ocean Blvd., Gulf Stream
Florida, which is legally described in metes and bounds
in Sec. 34, Township 45 South, Range 43 East in Palm
Beach County.
a. DEMOLITION PERMIT to demolish the existing southern
most dune crossover.
b. SPECIAL EXCEPTION to permit the relocation and
reconstruction of the existing southern most dune
crossover to a location that is 15 feet north of
the south property line at the above address
C. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to rebuild
the southern most dune crossover in a new location
that is 15 feet north of the south property line of
4001 N. Ocean Blvd. That will be the same size as
the existing structure.
Clerk Taylor asked for declarations of Ex -parte communication. There
were no declarations of Ex -parte communication concerning this
application.
Jim Boyce, Agent for OK Seahorse LLLP, introduced himself. He
summarized the proposed project saying there are two existing dune
crossovers on the property that are in a state of disrepair and they are
proposing demolition of each existing dune crossover. He said they will
reconstruct the northern crossover in the same location and reconstruct
and relocate the southern -most crossover approximately 35 feet south of
its original location, which will be 18 feet north of the southern
property line, and it will be slightly smaller than the original. Mr.
Boyce said five villas will be built on their property on the west side
of AlA which will have shared access of the 4001 N. Ocean project. He
said moving the southern -most crossover further south will provide
direct access for those residents, it will be less obtrusive, and the
existing Sea Grapes will provide additional screening so that the
southern crossover will be less visible from the Bellemar Condominium.
He said they have already obtained their permits from the Department of
Environmental Protection.
Commissioner Ganger asked if there was any dune damage from Tropical
Storm Sandy and Mr. Boyce said there was no dune damage, only some grass
leveling caused by high tide. Commissioner Dering asked if there were
any objections from neighbors and Mr. Boyce said there were no
objections. Clerk Taylor said neighbors were notified. Vice -Mayor
Stanley asked about the material to be used for the new crossovers. Mr.
Boyce said it will be PT Wood and will meet all guidelines.
Regular Meeting and Public Hearing
Town Commission - January 11, 2013 Page 7
Commissioner Dering said he did not receive notice of this project and
asked Clerk Taylor where the notices were sent. Clerk Taylor said the
notices for his condominium were sent to Tom Hill. Commissioner Ganger
said is done that way at the request of Mr. Hill. Vice -Mayor Stanley
said when you are holding a quasi - judicial hearing, notices should be
sent to all residents on the radius map. Clerk Taylor said it has been
done that way, but she said when notices are sent to each individual
resident, a large number of them are returned.
Mr. Thrasher said this is a clean application and meets all standards.
Commissioner Ganger asked when all of the new residents of 4001 N. Ocean
will be moved in. Mr. Boyce said probably in February. Commissioner
Dering asked when construction on the west side of AlA will commence.
Mr. Boyce said it may be mid - March.
Vice -Mayor Stanley moved and Commissioner Anderson seconded to approve
the Demolition Permit to demolish existing southernmost dune crossover.
There was no discussion. All voted AYE. Vice -Mayor Stanley moved and
Commissioner Anderson seconded to approve a Special Exception to permit
construction of a dune crossover east of the Coastal Construction
Control Line 1978 based on the finding that the dune crossover meets the
minimum intent of the Design Manual and applicable review standards.
There was no discussion. All voted AYE. Vice -Mayor Stanley moved and
Commissioner Ganger seconded to approve a Level III Architectural /Site
Plan to permit construction of a dune crossover structure seaward of the
Coastal Construction Line 1978 based on the finding that the dune
crossover meets the minimum intent of the Design Manual and applicable
review standards. There was no discussion. All voted AYE.
1. An application submitted by Quinn Miklos, Miklos & Asssoc.
as Agent for Gerald & Sharon Clippinger, the owners of
property located at 2538 Avenue Au Soleil, Gulf Stream,
Florida, which is legally described as Lot 48 Place Au
Soleil Subdivision.
a. SPECIAL EXCEPTION to permit the extension of an
existing non - conforming wall that encroaches 4.2
feet into the required 15 foot south side setback.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
additions consisting of bathroom, covered entry and
additional living area, a net total of 716.6 square
r , feet, to the existing one -story single family
dwelling and an exterior renovation to smooth stucco
with the addition of quoins on the corners. A new
brick driveway will also be a part of the
renovations.
Mr. Thrasher announced that Quinn Miklos of Miklos & Associates, Agent
for the Applicant, was not present. Mr. Randolph said if this
application is simple enough and Staff is able to make a clear
presentation, it is appropriate for the Commission to move forward on
this application. Mr. Thrasher said this is a clean application and it
received a unanimous recommendation of approval from the ARPB. Clerk
Regular Meeting and Public Hearing
Town Commission - January 11, 2013
Page B
Taylor said the neighbor most affected by the improvements to this
property reviewed the plans and had no objections.
Mr. Thrasher said it is difficult to coordinate any additions on this 5-
sided lot and still conform to Code, but he said they are proposing two
additions, a total of 716 SF, one of which will encroach 4.2' into the
required 15' south side setback. They are proposing an exterior
modification of the front entry, the addition of quoins on the corners
and a new brick driveway. Mr. Thrasher said there will be some
demolition in front to accommodate a symmetrical design as it relates to
Gulf Stream Bermuda Style architecture. He said Code provides for a
special exception when an existing structure has a non - conforming
setback, they do meet those standards and he said there is considerable
improvement being made to the home.
Commissioner Anderson asked if they are changing the roof line. Mr.
Thrasher said they will change the roof line on the entry feature, but
he said the eave height will remain the same. Vice -Mayor Stanley asked
if they are doing a complete reroof or just the roof on the addition.
Mr. Thrasher said their intent is to match the existing white roof tile,
but he said the application can be approved with the condition that they
match the existing white roof tile and if not, the entire roof must be
replaced. Commissioner Anderson recommended adding the condition for
the roof.
Vice -Mayor Stanley moved and Commissioner Ganger seconded to approve a
Special Exception to permit the extension of an existing non - conforming
wall that encroaches 4.2' into the required 15' south side setback.
There was no discussion. All voted AYE. Vice -Mayor Stanley moved and
Commissioner Anderson seconded to approve a Level III Architectural /Site
Plan based on a finding that the proposed addition consisting of 776.4
SF, bathroom, covered entry and additional living area patio to the
existing one -story single family dwelling and an exterior renovation to
smooth stucco with the addition of quoins on the corners and a new brick
driveway meets the minimum intent of the Design Manual and applicable
review standards, subject to the mandatory condition that the roof tile
must be white flat cement through and through to match the existing
roof. There was no discussion. All voted AYE.
IX. Reports.
A. Utility Undergrounding -Danny Brannon (Engineer)
Danny Brannon said he is still waiting for the revised Design Cost
Estimate from FP &L and their review of the Vista Switches. He said FP &L
estimated completion in the following week. Mr. Brannon said the Town
has paid $19,000 to FP &L to do this engineering work, they have not made
it a priority and it is unreasonable. He said he would like to file a
complaint with the Public Service Commission on behalf of the Town to
avoid having to wait another year for a binding Cost Estimate from PP &L
when preparing for Phase II of this project. In response to filing this
complaint, the Public Service Commission will provide time guidelines
which FP &L must abide by. The Commissioners expressed concern that
construction costs will increase before we get the project moving. Mr.
Regular Meeting and Public Hearing
Town Commission - January 11, 2013 Page 9
Thrasher asked Mr. Brannon if he would still file the complaint if he
received a binding cost estimate from FP &L on Monday. Mr. Brannon said
"yes" because the Town is paying up front for the engineering and is
seeking a reasonable expectation as to how long it will take to provide
this information. Mr. Randolph said it should be on the record that the
Commission is directing Mr. Brannon to file the complaint with the
Public Service Commission. It was the consensus of the Commission to
O direct Mr. Brannon to file the complaint with the Public Service
Commission. Mr. Brannon said filing the complaint is very simple and
can be done on the Public Service Commission Website.
Mr. Brannon prepared the budget and costs to date and the undergrounding
timeline, which he distributed to the Commissioners. He summarized,
saying the budget falls in two categories, one being the activities
performed prior to the project being approved, such as the feasibility
analysis, assessment methodology, conceptual design and funding. The
second category is the actual expenditures, and Mr. Brannon noted that a
contingency was built into this budget. He said we are in good shape
and he will begin migrating the budget into a monthly budget over time
to show cash flow. Mr. Brannon said FP &L has final design rights and he
is when their layout is received he will review to be sure they have
included everything. He said he hoped to get the project on the street
in February, they will advertise and collect bids, landscaping may start
in April and construction could start in May.
Mr. Brannon said there are three items not included in the budget and
they are lighting, signage, and the School vault adjustments. He said
the Town is still waiting to meet with the FDOT before making a decision
on lighting. Mayor Orthwein said it may be time to make the decision to
lease the traditional lighting. Commissioner Dering and Commissioner
Ganger want to review all possibilities and agreed that leasing should
be considered, but they felt they were not ready to make the decision at
this time. Mr. Brannon said the information was provided, but it did
not include the option to lease, which would be to lease the lighting
from a company that would maintain the lights and the energy would be
provided from FP &L. Mayor Orthwein asked Mr. Brannon if he could put
something together with regard to leasing and if it would be possible to
have information for review and make a decision at the next Commission
Meeting. Mr. Brannon, Staff and the Commissioners agreed it can be
done. Vice -Mayor Stanley suggested noticing residents of the lighting
options allowing them to give their input before making a final
decision.
U
Commissioner Ganger asked when a plan would be available indicating
where equipment will be placed. Mr. Brannon said after a final plan is
submitted by FP &L, their plans will be integrated with Comcast and AT &T
and a plan will be prepared. He said multiple sets of plans will be
made available to the Town for residents to review.
B. Town Manager
Mr. Thrasher said at the last Commission Meeting he said there would be
a variance meeting with the DOT on December 20th. Town Consultants made
contact with DOT staff members to arrange a meeting and were told that
approaching this from a staff level would not achieve the objective and
Regular Meeting and Public Hearing
Town Commission - January 11, 2013 Page 10
recommended it be handled from a higher level. Mr. Thrasher said when
everyone's calendar is aligned a meeting will be scheduled between FDOT
Engineers, Secretary Wolfe and Mayor Orthwein for variance of clear zone
and to find a waiver for the 18' clear zone requirement. He said some
of the information presented indicated a clear zone measuring from edge
of pavement and, in realty, DOT measures from the white line, or the
travel lane, which means we are not asking for 11' clear zone, but more
like 12' to 141. Mr. Thrasher said he feels this is being driven by
staff and they may be looking for a way to get this done before going to
the top.
Mayor Orthwein said she was under the impression that a set rule was in
place and she asked if the DOT can override this. Mr. Randolph said we
should approach this by saying this is the way it was originally done,
this is what our clear zone has been, and he said we should ask what
happened to cause it to change. Mr. Thrasher said he provided the DOT
with the Ice T Grant number to allow them to review their records so
they will realize what the Town has been doing is okay. Mr. Brannon
said the DOT uses classification of roadway and the speed limit to
figure setbacks, and he said the Town may want to consider reducing the
speed limit from 35 MPH to 30 MPH. Chief Ward said the DOT determines
the speed limit with traffic studies and may not approve reducing it.
C. Architectural Review & Planning Board
1. Meeting Dates
a. January 24, 2013 @ 8:30 A.M.
b. February 28, 2013 @ 8:30 A.M.
c. March 28, 2013 @ 8:30 A.M.
d. April 25, 2013 @ 8:30 A.M.
e. May 23, 2013 @ 8:30 A.M.
f. June 27, 2013 @ 8:30 A.M.
The ARPB Meeting Schedule was noted by Mayor Orthwein.
D. Finance Director
1. For November 2012
a. Financial Report
b. Optional Format
Mr. Thrasher said the November 2012 Financial Report was not approved at
the previous meeting and he referred to the Memorandum prepared by Kelly
Avery which was addressed to the Mayor and Commissioners. He said her
memo is in response to certain questions raised which prohibited
approval of that Report. Mr. Thrasher said the memo explains why the
Town had not yet established an account to differentiate between General
Fund and Undergrounding monies, and he said we have met the security
requirements, the account was established as of 8:30 this morning and
the funds will be properly transferred by the end of the business day in
order to align the accounts.
Mr. Thrasher requested that the Financial Reports for both November 2012
and December 2012 be approved as submitted. Commissioner Dering asked
if there were expenses in the Water Fund this month. Mr. Thrasher said
there have been expenses this month, but he said due to the posting date
they will show next month. Commissioner Dering said it does not mean
much if we can post them whenever we want. He referred to Property
Trash Removal on Page 1 of the General Balance Sheet & Rev /Exp Report
Regular Meeting and Public Hearing
Town Commission - January 11, 2013
Page 11
and said the it appears that $113,000 has already been spent which is
$59,000 over budget. Commissioner Dering commented that the Police
Department and Streets are also going over budget. Mr. Thrasher said
the annual police dispatch contract was paid in one lump sum. He said
the numbers on the summary sheet and individual pages are accurate.
Vice -Mayor Stanley moved and Commissioner Ganger seconded to approve the
O November 2012 Financial Report as presented. There was no discussion.
All voted AYE. Commissioner Dering asked why the reports require
approval. Mr. Thrasher said either an ordinance or the Charter may call
for approval.
2. For December 2012
a. Financial Report
b. Optional Format
Mayor Orthwein recommended tabling this Report until it has been
corrected. She asked the Commissioners for their input on which
Financial Report format is preferred. Commissioner Ganger said he would
like to see a variance report with one of these formats as a backup.
Commissioner Dering said if you prefer one report it should come off of
the General Ledger. Commissioner Anderson said she prefers the Optional
Format because it is more comprehensive. Commissioner Ganger said this
group does not have the knowledge or interest in going into detail.
Mr. Thrasher said he does not know of one community that works their
books on a full accrual system. He said we align our numbers at the end
of the year and the Audit Report confirms that. Mr. Thrasher said he
did not want to present the General Balance Sheet, he said he would
prefer presenting the Cash & Budget Report where the line items are
accurate. He said our system does not provide the capability to
manipulate the report in a manner that is easily interpreted or useful.
Mayor Orthwein said all she wants to see is whether or not we are on
track.
Mr. Thrasher recommends using the Cash & Budget Report until we are
using the new software. He said the contract is signed and we should be
able to run a dual system in April or May before going live. Mr.
Randolph said unless there is a motion to modify the standard method of
reporting by the Manager it should remain as is, and he said there is
nothing in Town Code or Charter that requires monthly approval of the
Financial Report. Mayor Orthwein said that monthly approval has been
the tradition to remain in sync. She said the direction of the
Commission is to present the Cash & Budget Report only until we have the
new software, and the Town Manager will present a status report on the
new software at the April Commission Meeting.
E. Police Chief
1. Activity for December 2012
Chief Ward referred to the residential burglary on the Activity Report
saying the subject entered an unlocked door which activated the alarm
and he was apprehended by Gulf Stream Police a few blocks from the home.
He said the subject was wanted by two other agencies in Palm Beach
County for committing other crimes. In addition, Chief Ward said there
was a petty theft of a blown -up Santa. Commissioner Ganger asked Chief
Ward about the myth of a series of break -ins. Chief Ward said it is not
Regular Meeting and Public Hearing
Town Commission - January 11, 2013 Page 12
true, but he said the Police Department is encouraging residents to lock
their doors and use their alarms. Commissioner Anderson asked if the
Police are handing out violations of Code. Chief Ward said the Police
and the Code Enforcement Officer do routine checks to be sure
contractors are registered and he said there have been 31 violations
which were primarily unregistered vendors. Chief Ward asked that the
Activity Report for December 2012 be accepted as submitted. The Report
Owas Accepted.
X. Items for Commission Action.
A. Requesting funding support for Sea Turtle Program -J.
Kingston.
Clerk Taylor said this group has never asked the Town for contributions,
but she said this individual stated that she lives in Jupiter and is
certified for this District. Her mother has financed the purchase of
the stakes and other supplies, but she felt it was time to ask those
being served if they could assist. Commissioner Ganger said it would be
something for the Civic Association or Coalition to look at, but he
would support a contribution from the Town if they were interested.
Further, he said the turtle is the Coalition's symbol. Vice -Mayor
Stanley said he heard they asked the Town for contributions years ago,
but he was under the impression that they were carrying all of the costs
themselves. Clerk Taylor said they contact the Town periodically about
lighting issues only and the Police Department looks into it.
Commissioner Ganger said with respect to restoring the dunes, the DEP
believes that making it possible for turtles to nest in our dunes is
important enough and they are granting emergency permits. He said it is
all private property and, where there is severe damage, private owners,
condos and clubs must apply for permits by January 27th. Commissioner
Ganger said the Civic Association or the Coalition could look into it on
behalf of the entire area. Clerk Taylor said the area is from Inlet
Park south to Pelican Lane.
Commissioner Ganger gave a brief status report on Delray's Beach
Renourishment Program. He said the Coalition was successful in getting
Delray Beach to try to adjust their beach renourishment by taking more
sand from the sea and spreading it north, which would benefit Gulf
Stream. He said there are 287 residents in Gulf Stream who live on the
ocean, counting condos and 44 single family homes. Someone should talk
to these residents to see what they are willing to do if they are faced
with a severe situation. Commissioner Dering moved to support Mrs.
CKingston with a contribution of $514. Commissioner Ganger said he would
first like to see what residents, the Civic Association and the
Coalition is willing to do. Mayor Orthwein said she would look into
this, talk to Ocean Ridge and the Civic Association and come back to the
Commission with information. The motion died from lack of a second.
B. Items by Mayor and Commissioners.
Mayor Orthwein asked for comments concerning their website review. Mr.
Thrasher said he emailed a link to the Commissioners for their review
and comments. Vice -Mayor Stanley said he did not like the border, but
he liked the concept. Commissioner Ganger said he corrected some
inaccuracies, it will serve a useful purpose and we are off to a great
Regular Meeting and Public Hearing
Town Commission - January 11, 2013
Page 13
start. Mayor Orthwein said she would like to send a newsletter to
residents when it goes public. Mr. Thrasher said it is not ready to go
public because there are changes to be made for Commission review.
Commissioner Ganger asked what it costs to pay your water bill on line.
Mayor Orthwein said the Town does not pay a fee, the fee is attached to
the individual paying their bill.
OXI. Public. There were no items by the Public
XII. Adjournment. Vice -Mayor Stanley moved and Commissioner Anderson
seconde to adjourn the Meeting. The Meeting was adjourned at 11:40
A.M.
r
,Gail C. Abbale
Administrative Assistant
January 4, 2013
MAYOR: Joan K. Orthwein
VICE MAYOR: Thomas M. Stanley
COMMISSIONER: Muriel J. Anderson
W. Garrett Dering
Robert W. Ganger
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, JANUARY 11, 2013 AT 9:00 A.M.
IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
AGENDA
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes.
A. Joint Meeting with ARPB December 14, 2012
B. Regular Meeting & Public Hearing December 14, 2012
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Public Requests.
A. 2013 Opening Session Report- Representative Hager
VII. Announcements.
A. Regular Meetings and Public Hearings
1. February 8, 2013 @ 9:00 A.M.
2. March 8, 2013 @ 9:00 A.M.
3. April 12, 2013 @ 9:00 A.M.
4. May 10, 2013 @ 9 :00 A.M.
5. June 14, 2013 @ 9:00 A.M.
B. Mayor's Proclamation for Election March 12, 2013
VIII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by Quinn Miklos, Miklos & Asssoc.
— as Agent for Gerald & Sharon Clippinger, the owners of
property located at 2538 Avenue Au Soleil, Gulf Stream,
Florida, which is legally described as Lot 48 Place Au
Soleil Subdivision.
a. SPECIAL EXCEPTION to permit the extension of an
existing non - conforming wall that encroaches 4.2
feet into the required 15 foot south side setback.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
additions consisting of bathroom, covered entry and
additional living area, a net total of 716.6 square
feet, to the existing one -story single family
dwelling and an exterior renovation to smooth stucco
with the addition of quoins on the corners. A new
brick driveway will also be a part of the
renovations.
2. An Application submitted by Rene Tercilla, Tercilla
Courtemanche Architects, Inc. as agent for The Gulf
Stream School Foundation, Inc., owners of property
located at 3600 Gulf Stream Road, Gulf Stream, Florida,
legally described as a parcel of land lying in Section
3, Township 46 South, Range 43 East, Palm Beach County,
Florida.
a. VARIANCE #1 to allow an increase in total floor area
that will exceed the 61,737 square feet allowed in
the existing Developer's Agreement by 1,617 square
feet.
b. VARIANCE #2 to permit an increase of 1,765 square
feet over the 6,000 square feet permitted for the
AGENDA CONTINUED
second floor area in the existing Developer's
Agreement.
C. DEMOLITION to demolish the existing one story
pavilion consisting of 1,681 square feet.
d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to replace
and enlarge the first floor pavilion and add three
n second floor classrooms, an interior corridor and an
exterior covered walkway and stairs, a total of
4,1875 square feet.
3. An application submitted by James Boyce of OK Seahorse
LLLP as agent for OK Seahorse LLLP, owners of the
property located at 4001 N. Ocean Blvd., Gulf Stream
Florida, which is legally described in metes and bounds
in Sec. 34, Township 45 South, Range 43 East in Palm
Beach County.
a. DEMOLITION PERMIT to demolish the existing southern
most dune crossover.
b. SPECIAL EXCEPTION to permit the relocation and
reconstruction of the existing southern most dune
crossover to a location that is 15 feet north of
the south property line at the above address
C. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to rebuild
the southern most dune crossover in a new location
that is 15 feet north of the south property line of
4001 N. Ocean Blvd. That will be the same size as
the existing structure.
IX. Reports.
A. Utility Undergrounding -Danny Brannon (Engineer)
B. Town Manager
C. Architectural Review & Planning Board
1. Meeting Dates
a. January 24, 2013 @ 8:30 A.M.
b. February 28, 2013 @ 8:30 A.M.
c. March 28, 2013 @ 8:30 A.M.
d. April 25, 2013 @ 8:30 A.M.
e. May 23, 2013 @ 8 :30 A.M.
f. June 27, 2013 @ 8:30 A.M.
D. Finance Director
/^ 1. For November 2012
�) a. Financial Report
b. Optional Format
2. For December 2012
a. Financial Report
b. Optional Format
E. Police Chief
1. Activity for December 2012
X. Items for Commission Action.
A. Requesting funding support for Sea Turtle Program -J.
Kingston.
B. Items by Mayor and Commissioners.
XI. Public.
XII. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID
PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY
NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE BASED. F.S.S. 286.0105