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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 Item VI.A. was withdrawn from the Agenda.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 A. 2013 Opening Session Report- Representative Hager This Item has been withdrawn from the Agenda.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