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HomeMy Public PortalAbout12/13/2013MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 13, 2013 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. II. C III. Call to Order: Mayor Orthwein called the meeting to order at 9:00 A.M. Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Orthwein. Roll Call: Present and Participating Also Present and Participating Joan K. Orthwein Mayor Thomas M. Stanley Vice -Mayor W. Garrett Dering Commissioner Robert W. Ganger Commissioner Donna S. White Commissioner William H. Thrasher Town Manager Rita L. Taylor Town Clerk John C. Randolph Town Counsel Garrett J. Ward Chief of Police Danny Brannon of Town Consultant for Undergrounding Brannon & Gillespie Project Christopher O'Hare Resident Richard Jones Architect David Bodker Landscape Architect Patsy Randolph Civic Association IV. Minutes: A. Regular Meeting and Public Hearing held on November 8, 2013 Commissioner Ganger moved and Vice -Mayor Stanley seconded to approve the November 8, 2013 Regular Meeting and Public Hearing Minutes. All voted AYE. V. Additions, Withdrawals, Deferrals. Arrangement of Agenda Items: There were none. VI. Announcements: A. Regular Meetings and Public Hearings Mayor Orthwein announced the upcoming Regular Meetings and Public Hearings, and asked if there will be any absenteeism or conflicts, and there were none. 1. January 10, 2014 @ 9:00 A.M. 2. February 14, 2014 @ 9:00 A.M. 3. March 14, 2014 @ 9:00 A.M 4. April 11, 2014 @ 9:00 A.M. 5. May 9, 2014 @ 9:00 A.M. 6. June 13, 2014 @ 9:00 A.M. Regular Meeting and Public Hearing Town Commission Meeting December 13, 2013 — Page 2 VII. COMMUNICATION FROM THE PUBLIC (5 MIN. MAXIMUM Mayor Orthwein asked for any speakers. Christopher O'Hare discussed the waste of monies and time the Town has incurred, and suggested various Oplaces where it could have been donated. He also questioned why the large amounts of monies were put into Town Counsel Randolph's pockets instead of getting things done correctly. Mr. O'Hare continued that the newly appointed three (3) persons Ad Hoc Committee would be a waste of time. He suggested that a law firm should be appointed, other than Jones Foster, to review the Town's Code, and to remove anything that is vague and unconstitutional. Mr. O'Hare commented that if this is done immediately it would save the Town "piles" of public funds. He also stated that he had more comments to discuss but due to the 5- minute limit, if any persons wanted to contact him, Town Manager Thrasher had his telephone number. Mayor Orthwein thanked Mr. O'Hare. VIII. PUBLIC HEARING: A. Applications for Development Approval 1. An application submitted by Seaside Builders, as Agent for Harbor View Estates, LLC, the owners of property located at 1228 N. Ocean Blvd., Gulf Stream, Florida, which is legally described a Lot 1, Hidden Harbour Estates Plat 2. a. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit construction of a Georgian style partial two- story, single family dwelling, 3 car garage with guest quarters above, a total of 10, 222 square feet, and a swimming pool. Mr. Jones updated how the construction is proceeding on this property. He stated that there were four (4) other houses under construction also. Mr. Jones commented that four (4) of the six (6) properties have been sold or under contract, in the community. He continued that Lots 3 and 4 along AlA are still available. Mr. Jones stated that by the end of 2014 and possibly early 2015 all lots will be finalized. He displayed a picture footprint of Lot 2. bar. Jones discussed the different architectural style of Lot 1 with its diversity, layout and design of this classical Georgian revival style home. He further commented on the previously approved material, e.g. the flat grey toof tile which matches the two (2) other roofs in the community, and therefore, now three (3) of the six (6) homes have grey tile and the other remaining three (3) have the white tile. bar. Jones continued listing further similarities with the other homes, e.g. the appearance of the carriage home above the garage. He described the difference with this property's carriage home, as being connected via an open second floor breezeway to the main house, but stated there was also a separate first floor exterior connection. Mr. Jones stated that there is ample landscaping provided, and is consistent with the other lots, with no zoning issues as approved by the Town's Architectural Review and Planning Board (ARPB). He further stated that there were no problems with any adjacent property owners. bar. Jones displayed the landscaping renderings. Regular Meeting and Public Hearing Tours Commission Meeting December 13, 2013 — Page 3 Commissioner Ganger inquired regarding an additional window that was mentioned in the ARPB minutes. Mr. Jones referred to the renderings of the home, and described the afore - mentioned missing window as not being visible from any rights of way. He continued that due to the proposed landscaping on the elevations, and the blank wall being within the approved length of 22 -23 feet, it was approved by the ARPB. He added Othat the floor plan shows a large closet behind the blank wall, thus no window. Vice -Mayor Stanley inquired regarding the Georgian entrance second floor windows issue addressed by the ARPB. Mr. Jones responded that the ARPB were referring to the second floor glazing above the entry door. He continued that they wanted to give the entry an appearance of a real balcony, so therefore, the large window is indicative of French doors similar to the carriage home. Mr. Jones described the plane being set back 8 feet from the actual entry feature. Vice -Mayor Stanley further inquired if they should change the mutton pattern with the transom, as extra lighting will be more aesthetic. Mr. Jones demonstrated with a pen on the renderings where he would add additional lights as extra detail. Commissioner Ganger inquired as to what was behind the window. Mr. Jones responded that it was the great room and entry of the house. Commissioner Ganger inquired regarding the location of the morning sun in the house. Mr. Jones demonstrated where the daily sun locations were in the house, and stated that there was plenty of natural light in the great room which he stated was truly a "great room ". Commissioner White inquired regarding the chain link fence and the wall addressed by the ARPB. David Bodker described the wall which is between Lot 1 and Lot 2. He continued that the builder on Lot 2, Mark Marsh, agreed to a 6-foot wall along their property line which he demonstrated on the renderings. Mr. CI Bodker reported that the chain link fence was code approved, and it would be landscaped on both sides. Commissioner Ganger inquired as to what was on the other side of the fence, and if the adjacent neighbors have seen all the building plans with regard to what would be visible to them. Mr. Bodker reported on the north side was a private road, and he highlighted the vegetation areas on the renderings. He continued that he and Mr. Marsh have met and discussed both side by side properties' issues. Mr. Jones commented that there were no negative comments from the neighbors. Regular Meeting and Public Hearing Town Commission Meeting December 13, 2013 — Page 4 Vice -Mayor Stanley questioned the timing of the application for Lot 2. Mr. Bodker replied that it is Mr. Marsh's project. Commissioner White inquired regarding the construction materials of the wall. Mr. Bodker replied "Masonry ". Commissioner Ganger inquired as to the color of the house. Mr. Jones described the colors of the home as tasteful very light cream color, grey roof, with white trim colors. He also reported on the colors of the adjacent homes. Mayor Ortwein asked if there are any variances being requested. Nit. O'Hare inquired regarding the variances of the forbidden plants. He referred to the ARPB meeting minutes where it was discussed that if the plants were not listed in Section 71 -50 of the Town's Code, they were forbidden. Mr. O'Hare continued that if there are no in variances at this time of approval, this action could cause further legal fees. Vice -Mayor Stanley stated that there is a condition in the ARPB minutes stating that if there are prohibitive plants utilized, they will be substituted with allowable plants in the Town's Code. Town Manager Thrasher responded that he has had multiple conversations with Mr. Bodker, in which they both have been in agreement that the presented plants are not prohibited, and that he will not go into detail at this time. Vice -Mayor Stanley noted that there should be a change in the light pattern above the entry feature. Vice -Mayor Stanley moved and Commissioner Ganger seconded to approve Level III Architectural /Site Plan on a finding that the proposed partial two- story, single family Georgian style dwelling, a 3 -car attached garage with guest quarters above and pool, a total 10,222 square feet meet the minimum intent of the Design Manual and applicable review standards with the following conditions: C� 1. The entry feature, measured from FFE to top of railings, shall be <14', and the additional two (2) lights in the window over the entry to match others in great room. 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. Regular Meeting and Public Hearing Tour Commission Meeting December 13,2013 — Page 5 5. All chain link fencing will be screened from neighbor's view. 6. Any work on the seawall, seawall cap and existing dock shall conform to Section 66 -369 Docks. 7. Subject to confirmation by Town Manager Thrasher that the plans included in the landscaping plans are not prohibited under the Town's Code, with the understanding that if they are prohibited, they will be substituted with plants that are allowed in the Code. O All voted AYE. Mr. Jones thanked Town Manager Thrasher, Town Clerk Taylor and the Commissioners for all their help given to him while he was able to develop six (6) homes in Town of Gulf Stream. Reports: A. Utility Undergrounding — Danny Brannon (Engineer) Mr. Brannon stated that he held a meeting with the staff of FPL, Town Clerk Taylor, Civic Association and Commissioner Ganger, and discussed the outages that occurred due to the wind in the trees. He reported that he looked for another possible cause, but determined that it was the wind that was the culprit and not any faulty equipment as was the cause with the Town of Palm Beach. Mr. Brannon continued that the easement clearing on the project has been completed. He stated that construction would begin on January 6, 2014. He reported that they still have to secure permits and acquire materials. Mr. Brannon stated that the AT &T charges have arrived and they are approximately $100,000 under previous predictions. He reviewed the handout he distributed and mentioned the good costs. Mr. Brannon discussed the street light example at the Police Station, and stated that he is in the process of trying to secure the materials to demonstrate the exact lights that will be ordered, which would take approximately 4 -5 months. Mayor Orthwein inquired if there would be any refund to the Town due to the fact the size of the lights has changed. Mr. Brannon discussed the different light sizes that the Civic Association and Commissioners chose. He continued that the Windsor style was the one the Commissioners chose, and that is the one quoted, but it is not the one displayed currently at the Police Department. Commissioner Ganger inquired why the slabs could not be put in now in December. He continued that his property has the cable dug up and a large hole, in the landscaping. Mr. Brannon reported that the water lines that were broken were entangled in the roots. He stated that the pipes come up through openings in the slab, so you cannot put the concrete slabs down until the pipes are in. Commissioner Ganger suggested that the residents be updated on all information and especially the times of completion by Mr. Brannon and not the landscapers, as there is a miscommunication there. Mr. Brannon agreed to have all landscapers say "I have no idea" when there are inquiries from the residents. Regular Meeting and Public Hearing Town Commission Meeting December 13, 2013 —Page 6 B. Town Manager 1. Ethics Recertification Town Manager Thrasher reminded everyone that it is a requirement for appointed or elected officials to be recertified by the Commission on Ethics, in accordance with the Town's policy. 2. Update — Street Signs Town Manager Thrasher reported that the street signs project has been totally completed. Mayor Orthwein discussed possible chipping on the bases under the street signs, and whether to stain or paint the concrete bases. She continued that the condition and maintenance of the signs will be evaluated. Commissioner White stated that the street signs in Place all Soleil were well done. 3. Records Management Software Town Manager Thrasher reported that the Town purchased Records Management Software, as was discussed during the Budget Meetings. He continued the contract has been completed and signed by the Mayor. Town Manager Thrasher stated that it will be implemented in the computer system which is now able to handle this size of software. He also commented the new system has the ability to better respond to Public Record Requests. Mayor Orthwein noted the following ARPB meeting dates: C. Architectural Review & Planning Board 1. Meeting Dates a. December 19, 2013 @ 8:30 A.M. b. January 23, 2014 @ 8:30 A.M. c. February 27, 2014 @ 8:30 A.M. d. March 27, 2014 @ 8:30 A.M. e. April 24, 2014 @ 8:30 A.M. f May 22, 2014 @ 8:30 A.M. D. Finance Director 1. Financial Reports a. Financial Report for November 2013 Town Manager Thrasher reported that the Town received portions of the Ad Valorem tax revenues which are being transferred from the Operating Account into interest bearing accounts, which is a very typical activity for this time of the year. He also stated that at the January Commission Meeting, Ronald Bennett will present C} a report, and give the Town more time for questions than in the past. Commissioner Ganger inquired regarding the proposal of increasing the sales tax by 1/2%. Town Manager Thrasher stated the monies would be going to the County, School Board and the Municipalities. He would support the idea, as it would help property owners defray costs for roads and schools. Regular Meeting and Public Hearing Toum Commission Meeting December 13, 2013 — Page 7 b. Water Usage as of November 30, 2013 There were no questions. E. Police Chief Activity for November 2013 Police Chief Ward submitted the Activity Report for November 2013, and it was accepted as presented. Q IX. ITEMS FOR COMMISSION ACTION: A. Construction — Damage Prevention Policy as Amended Town Manager Thrasher distributed the Construction- Damage Policy with photographs of the proposed new directional markers. He discussed the "hodgepodge" of different types of protection that is being used at present. Town Manager Thrasher reported in detail on the material that is being used. He stated he was proposing to do take it out of the hands of the residents and put it on maintenance for uniformity of demarcation. Town Manager Thrasher displayed and discussed in detail the proposed markers which are similar to markers used on golf courses, which he recommends. Town Counsel Randolph stated that the Town should be careful as to what they put in the rights of way. Commissioner Dering stated that they will disappear immediately. A discussion ensued regarding the pros and cons of the new markers. Town Manager Thrasher reported these markers may have to be re- visited again, as the Town's residents are very cooperative and would take part in this. Commissioner Ganger inquired as to the cost of the new markers. Town Manager Thrasher responded 56.56 per marker, and that they would be owned by the Town. Commissioner Dering inquired when a resident is issued a building permit, if a fee can be added on for the use of the new directional markers. Town Manager Thrasher replied that idea has merit, and he would look into it. He also stated that he would want to avoid any extra expense to other residents that are not involved in construction. C? Town Clerk Taylor stated that when the resident's construction has been completed, they can return the markers and have their money refunded. Commissioner Ganger believed that contractors would favor this procedure, as it would be cost effective to them for their time. Mr. O'Hare stated that these stakes would be in violation of the Town's Code, and that it would cost a great deal of money. He continued discussing the liabilities to the Town. Regular Meeting and Public Hearing Tonn Commission Meeting December 13, 2013 — Page 8 Town Counsel Randolph again referred to the right of way for the traveling public, the Town's responsibilities, and the existing liability. Commissioner Ganger stated that this would be to avoid a nuisance, and would be in proximity of a construction site. OTown Manager Thrasher discussed the indicators that are presently there as being very unsightly. He agreed that anything in the right of way is in violation. Town Manager Thrasher continued that this proposal is an exception to the policy. He withdrew his recommendation and will bring it back at the next Commission Meeting. Commissioner Ganger requested something more functional and attractive for their property, and agreed to more research being done to accommodate the neighbors. He also stated that the contractors should be contacted for their reaction and suggestions. Vice -Mayor Stanley stated that it should also be determined who would be responsible, e.g. the Town or the person conducting construction done on the property should implement the policies, or even the adjacent neighbors. Chief Ward stated that it is the builder's responsibility for where to put the markers. Mayor Orthwein read Resolution No. 013 -11. B. RESOLUTION No. 013 -11: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ESTABLISHING WATER RATES AND CHARGES BY RESOLUTION AS PROVIDED IN ORDINANCE NO. 03/4 AMENDING CHAPTER 34 UTILITIES AT ARTICLE II SECTION 34 -26 FOR THE OPERATION OF THE WATER DISTRIBUTION SYSTEM FOR THE TOWN; PROVIDING AN EFFECTIVE DATE. Town Clerk Taylor stated that Resolution No. 013 -11 has been presented for adoption this date December 13, 2013. C) Commissioner Ganger moved and Vice -Mayor Stanley seconded to approve Resolution No. 013 -11. Commissioner Dering questioned what the percentage increase was at this time. Town Manager Thrasher responded that it is 4% across the board, and that it is all profit which goes into reserves. Vice -Mayor Stanley stated he consulted the Staff prior to the meeting to verify this subject. Regular Meeting and Public Hearing T"m Commission Meeting December 13, 2013 — Page 9 Commissioner White inquired as to what determines the base charge of $58.20. Town Manager Thrasher reported that the Town's base charge was to cover the depreciation costs associated with the water system. He continued that the basic cost of infrastructure determines the appropriate charges. Town Manager Thrasher further stated that the rate study is a document that is still referred to for the appropriate item to be charged. He continued that the rates have to be adjusted from time to time. Town Manager also stated that it is not arbitrarily done, as it aligns itself with the rate study projected to 2015. Commissioner Ganger stated that it was a landmark study. He continued that the pipes are very old and that funds have to be set aside. Commissioner Ganger reported that he would like to see the numbers grow. He suggested reading the research which is very comprehensive on this subject. Mayor Orthwein asked for any further questions on this subject. There were none. All voted AYE. Town Clerk Taylor read ORDINANCE 13/1 by Title: C. ORDINANCE 13/1: AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING SECTION 3.03 OF THE TOWN OF GULF STREAM CHARTER, TO CHANGE THE PROVISION RELATING TO ALL TOWN COMMISSIONERS BEING ELECTED TO THREE - YEAR TERMS AT EVERY ELECTION SO THAT THE TOWN COMMISSIONERS WILL BE ELECTED FOR STAGGERED THREE -YEAR TERMS, PROVIDING FOR A SPECIAL ELECTION TO DETERMINE WHETHER THE ELECTORS APPROVE OF THIS AMENDMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Presented on 1't reading this 13" day of December, 2013. Town Counsel Randolph stated that at last month's Commission Meeting, the Commissioners stated they would like to review the Charter in depth rather than piecemeal. Town Counsel Randolph stated at that time he thought that it could not be accomplished by March 2014 election. Subsequently, he has learned from the C} Civic Association's Attorney Jo Thacker that it could be on the ballot and passed, and the amendment could take effect for the Commissioners voted on at that election. He continued that there must be an election in March 2014. Town Counsel Randolph stated that if all the candidates received the same amounts of votes, he was not sure of what would happen. Regular Meeting and Public Hearing Town Commission Meeting December 13, 2013 — Page 10 Commissioner Ganger stated he feels that this complex thing has to be reviewed altogether. He inquired if the Civic Association was comfortable with just this or more things to happen. Town Counsel Randolph stated that he felt, after speaking with Attorney Thacker, that the Civic Association wanted to see this single election go on. C! Patsy Randolph, Civic Association Member, stated that staggered elections were good government. Commissioner Dering inquired "Why good government ". Ms. Randolph reported in terms of memory, with an elected body with the ability to go forward, the continuity and that it is not very healthy to have the whole board come off at the same time. Commissioner Ganger agreed regarding the memory issues, and not having fresh ideas. He reported that term limits would be good. Ms. Randolph continued that all Towns in this area have staggered terms except Town of Gulf Stream. She discussed Jupiter Island's experience with these issues, and suggested possibly having a good learning process between the two Towns. Commissioner Ganger inquired if there could be Municipal elections or Charter Amendment in November rather than in March. Town Clerk Taylor responded "Yes ". Commissioner Ganger continued stating having workshops with other Towns, and have an election on a November 2014 ballot. Town Clerk Taylor reported that you have to have everything in line to the Supervisor of Elections on time. She also stated that if you are the only Town having the election, your.Town picks up the complete cost of that election. Commissioner Ganger continued if the election was in November are there more things the Civic Association would like to see as part of the package. Ms. Randolph inquired if the citizens would be voting. Town Counsel Randolph stated that it has to be voted on by a referendum. Town Clerk Taylor stated if the Charter was carefully reviewed, she did not feel it would not be ready by November 2014, with all the things on the Commissioners' plate. Regular Meeting and Public Hearing Town Commission Meeting December 13, 2013 — Page n Commissioner Ganger inquired as to the date of having the ballot ready for the Supervisor of Elections. Town Clerk Taylor responded `Ty February 7`h, 2014 ". Commissioner Ganger stated that anyone running for Office would have to have their things in order also around the same time. He discussed the examples of various residents running within the new term limits, and the possibilities no other persons run except the present Commission. Town Clerk Taylor responded that this item had to be voted on first. Town Counsel Randolph stated that if the present Commissioners were the only nominees wanting to run again, there would be no need for an election. Town Clerk Taylor stated that if all the Commission qualified, there would still be an election, if the staggered terms' item was on the ballot. Ms. Randolph stated she would love to see an election. Commissioner Dering stated from the November minutes that he was expecting the Civic Association to come and speak to the Commissioners. Commissioner Ganger agreed that he expected a representative from the Civic Association also. Vice -Mayor Stanley recapped Mr. Delafield's letter from last month. Ms. Randolph stated she recalled that Attorney Thacker and Town Counsel Randolph to be in contract with each other regarding the issues that would impact the upcoming election. Commissioner Dering stated he could not find compelling reason to address these issues. He continued that the biggest problem in the Town of Gulf Stream is this Commission changes due to residents moving out of the area and passing away. Mayor Orthwein inquired as to what the cost of an election was. CCommissioner Dering stated that has nothing to do with it. He continued that the Commissioners should get back to the Civic Association and study the whole thing in writing. Commissioner Ganger commented that it is difficult to have someone give up their time to serve on a board. He continued that more residents have to participate, and then elect the ones who want a better place to live and have a clearer understanding of what is involved. Ms. Randolph stated she does not see a downside to term limits. Regular Meeting and Public Hearing Town Commission Meeting December 13, 2013 —Page 12 Commissioner Dering recommended term limits and redoing the Charter. Mayor Orthwein inquired if there more people in the Civic Association planning to get involved with the Town. Ms. Randolph stated that they are beginning to understand everything. She continued that the Town has changed, and she thought they would be very interested in getting involved. Ms. Randolph recommended that it would be a PR job for the Commissioners. She stated she believes in committees. Commissioner Ganger discussed the residents' lack of knowledge of the role of a Commissioner. Commissioner Dering recommended not taking any action at this time. He continued that the Civic Association should review the Town Charter, and the consideration of term limits by this spring. Ms. Randolph requested a second reading of the Ordinance, and have the Civic Association come to the January Commission Meeting to discuss a staggered election. She stated the residents would have to be educated regarding these issues. Commissioner Ganger stated that the residents can vote by an absentee ballot. He continued when the annexation and the undergrounding project was being considered it took a very long time. Commissioner Ganger recapped Ms. Randolph's recommendations: Pass on first reading, have a second reading with Civic Association in attendance, the referendum on the March ballot whether or not other candidates have signed up, and the vote regarding staggered terms. Mayor Orthwein stated that the first reading can be reassessed at the January meeting. Commissioner Dering requested the consideration of the term limits in the first reading. He stated we have to look at the "whole ball of was ". Vice -Mayor Stanley inquired if this can be deferred to the next meeting, if not passed this day. Mayor Orthwein stated "No ". OTown Counsel Randolph reported that the Town can do the 1" reading as presented but cannot have 1" reading this day. He continued if added to, it will have to have another 1" reading. Mayor Orthwein stated if we do not approve it this day, it can't be done in March. Commissioner Dering wants to hear the Civic Association's logic, and if there are any problems. Commissioner Ganger stated that the small Towns have a very poor turnout for an election, and he questioned the reliability of the Association's support. Regular Meeting and Public Hearing Town Commission Meeting December 13, 2013 — Page 13 Ms. Randolph reported that the residents were very upset not being involved with the Spence property. Commissioner Dering stated he will agree to 2 — 3 -year limits. Town Counsel Randolph explained if there is a substance of change to the Ordinance, the Commissioners would require another first reading. Commissioner Dering reported that he has no intention of running in the next election. Therefore, there will be an election. He encouraged the Commission to look at the whole picture of an election process. Commissioner White inquired if the Civic Association was coming to the January Commission Meeting with a comprehensive plan of what their requests are. Ms. Randolph responded "Yes, if the First Reading is approved ". Commissioner Ganger moved and Vice -Mayor Stanley seconded to approve on First Reading of Ordinance 13/1. Commissioner Ganger added that he understood that there will be additional issues to be discussed at the next meeting where the 2 "d reading will be considered. He continued there will be an election on March 11, 2014. TvIr. O'Hare again discussed the costs of an election, and he suggested holding evening Commission meetings, where younger residents who are working during the day can attend in the evenings. Upon vote: 4 Yea, 1 Nay Commissioner Ganger Yea Commissioner White Yea Vice -Mayor Stanley Yea Commissioner Dering Nay Mayor Orthwein Yea D. Appointment of Ad Hoc Committee Mayor Orthwein reported the names that have applied for the Committee: William Boardman (Chairman), Richard Mouw, David Bodker and Benjamin Schreier. She stated they are all professional and have fresh ideas. She suggested appointing all three (3) persons. Commissioner Dering reported that extra persons should be considered, and that person should be a resident. Mayor Orthwein suggested Ms. Randolph as the resident on the Ad Hoc Committee. Ms. Randolph accepted. Regular Meeting and Public Hearing Town Commission Meeting December 13, 2013 — Page 14 Ms. Randolph accepted. Commissioner Dering moved and Commissioner Ganger seconded the approval of all the applicants mentioned above to the Ad Hoc Committee. All voted AYE. E. Agreement for Vote Processing Equipment Use — Supervisor of Elections Town Clerk Taylor explained the need for this Agreement. Commissioner Ganger moved and Commissioner Dering seconded the approval of this Agreement for Vote Processing Equipment Use — Supervisor of Elections. All voted AYE. F. Town Clerk Taylor read Resolution No. 013 -12; RESOLUTION NO. 013 -12: A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, DESIGNATING THE SUPERVISOR OF ELECTIONS AND TOWN CLERK AS THE CANVASSING BOARD TO BE IN ATTENDANCE FOR THE TESTING OF THE COMPUTER ELECTRONIC SYSTEMS TABULATING EQUIPMENT TO BE USED FOR THE GENERAL ELECTION SCHEDULED FOR MARCH 11, 2014 AND TO CANVASS RETURNS OF SUCH ELECTION INCLUDING THE ABSENTEE BALLOTS; ASSIGNING SUPERVISOR OF ELECTIONS TO HANDLE THE ABSENTEE BALLOTS; PROVIDING FOR REPEAL OF PRIOR RESOLUTIONS IN CONFLICT HEREWITH ANY PROVIDING AN EFFECTIVE DATE. Presented this day for adoption December 13, 2013. Commissioner Ganger moved and Vice -Mayor Stanley seconded the approval of Resolution No. 013- 12. All voted AYE. G. Items by Mayor & Commissioners Commissioner White inquired regarding any information received with regard to reviewing the budget for cleaning the bus stop at Place au Sold. Town Manager Thrasher stated it was not the bus stop but the maintenance of entire property owned by the Cl Gulf Stream Golf Club on the north side of Place au Soleil, but he has no further information. Commissioner Ganger reported that at the dedication of the new Gulf Stream School, the Town was favorably acknowledged and they were sorry the Commissioners were not present. XI. ADJOURNMENT: Mayor Orthwein adjourned the meeting at 11:10 A.M. Regular Meeting and Public Hearing Town Commission Meeting December 13,2013 — Page 15 �i ✓�+J��L%rIQC��� Sandra Fein Recording Secretary IN C PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Commission of the Town Gulf Stream, Florida, at a public hearing to be held on Friday, January 10, 2014, at 9:00 A.M., in the Commission Chambers of the Hall, 100 Sea Road, Gulf Stream, Florida, will have on the agenda adoption of the following: ORDINANCE NO. 13/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING SECTION 3.03 OF THE TOWN OF GULF STREAM CHARTER, TO CHANGE THE PROVISION RELATING TO ALL TOWN COMMISSIONERS BEING ELECTED TO THREE YEAR TERMS AT EVERY ELECTION SO THAT THE TOWN COMMISSIONERS WILL BE ELECTED FOR STAGGERED THREE YEAR TERMS, PROVIDING FOR A SPECIAL ELECTION TO DETERMINE WHETHER THE ELECTORS APPROVE OF THIS AMENDMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. of Town the The proposed ordinance noticed here is available to the public on weekdays at the Town Hall, 100 Sea Road, Gulf Stream, Florida between the hours of 9:00 A.M. and 4:00 P.M. ALL PERSONS INTERESTED IN THESE MATTERS may appear before the Town Commission at the time and place aforesaid and be heard. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting, because of disability or impairment, should contact the Town Clerk, 561- 276 -5116 at least five (5) days prior to the hearing in order for the Town to reasonably accommodate the request. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC HEARING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Publish: Palm Beach Post Date: December 31, 2013 TOWN OF GULF STREAM, FLORIDA 7 F f /;EtL Rita L. Taylor, Town Clerk The Palm Beach Post REAL NEWS STARTS HERE Palm Beach Daily News PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Commission of the Town of Gulf Stream, Florida, at a public hearing to be held on Friday, Janum% 10, 2014, at 9:00 A.M., In the Comm sslon Chambers of the Town Hall, 100 Sea Road Gulf Stream. Florida, will have on the agenda the adoption of the following: ORDINANCE NO. 13/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMPNOi NG SECTION 3.03 OF THE YEAR The pro wd ordinance noticed here b available to the public on weekdays at the Town Hall, 100 Sea Road, Gulf Stream, Florida between the hours of 9U0 A.M. and 4:00 P.M. ANY INTERESTED PARTY APPEAL ANY DECISION THE TOWN COMMISSION WECr TO ANY MATTER ED ATTHE PUBLIC HEARING, Y WILL NEED A RECORD OF '.EEDINGS. AND FOR SUCH MAY NEED TO INSURE 'FRRATIM RECORD OF THE FS.S TOWN OF GULF STREAM, FLORIDA Rita L Taylor, Town Clerk PUB: The Palm Beach post 12- 312013 #174373 r� -q rcOF ' I to me. APRIL D. EMBERTON NOTARY PUBLIC STATE OF OHIO Comm. Expires October 01, 2018 TOWN OF GULFSTREAM PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Angela Pace, who on oath says that she is Call Center Legal Advertising Representative of The Palm Beach Post, a daily and Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising for a Notice was published in said newspaper on First date of Publication 12/31/2013 and last date of Publication 12/31/2013 Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she /he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Also published in Martin and St. Lucie Counties. ORD. NO. 13/1 AdID:365148 Ad Cost: 258.00 NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on THURSDAY, NOVEMBER 21, 2013 AT 8:30 A.M. and the Town Commission will hold a Public Hearing on FRIDAY, DECEMBER 13, 2013 AT 9:00 A.M. both in the Commission Chambers of the Town Hall Hall, 100 Sea Road, Gulf Stream, Florida, at which Cthe following will be considered: An application submitted by Seaside Builders as agent for Harbourview Estates LLC, owner of property located at 1228 North Ocean Boulevard, Gulf Stream, Florida, legally described as Lot 1 Hidden Harbour Estates Plat 2 for the following: LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit construction of a Georgian style partial two - story, single family dwelling, 3 car attached garage with guest quarters above, a total of 10,222 square feet, and a swimming pool. The Architectural Review recommendation to the Town shall make a final decision the meetings noticed above. time to time and place to F parties and evidence. and Planning Board shall make a Commission, and the Town Commission regarding the subject application at These meetings may be adjourned from lace as may be necessary to hear all The complete application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Architectural Review and Planning Board and the Town Commission of the Town of Gulf Stream at the times and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE Cr PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated: October 28, 2013 TOWN OF GULF STREAM Rita L. Taylor Town Clerk December 6, 2013 MAYOR: Joan K. Orthwein VICE MAYOR: Thomas M. Stanley COMMISSIONER: W. Garrett Dering Robert W. Ganger Donna S. White REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 13, 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 of the Regular Meeting of November 8, 2013. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. January 10, 2014 @ 9 A.M. 2. February 14, 2014 @ 9 A.M. 3. March 14, 2014 @ 9 A.M. 4. April 11, 2014 @ 9 A.M. 5. May 9, 2014 @ 9 A.M. 6. June 13, 2014 @ 9 A.M. VII. Communication from the Public (5 min. maximum) VIII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Seaside Builders, as Agent for Harbor View Estates, LLC, the owners of property located at 1228 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as Lot 1 Hidden Harbour Estates Plat 2. a. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit construction of a Georgian style partial two - story, single family dwelling, 3 car garage with guest quarters above, a total of 10,222 square feet, and a swimming pool. IX. Reports. A. Utility Undergrounding -Danny Brannon (Engineer) B. Town Manager 1. Ethics Recertification 2. Update- Street Signs 3. Records Management Software C. Architectural Review & Planning Board 1. Meeting Dates a. December 19, 2013 @ 8:30 A.M. b. January 23, 2014 @ 8:30 A.M. c. February 27, 2014 @ 8:30 A.M. d. March 27, 2014 @ 8:30 A.M. e. April 24, 2014 @ 8:30 A.M. f. May 22, 2014 @ 8:30 A.M. D. Finance Director 1. Financial Report for November 2013 2. Water Usage as of November 30, 2013 E. Police Chief 1. Activity for November 2013 AGENDA CONTINUED X. Items for Commission Action. A. Construction- Damage Prevention Policy as Amended B. Resolution No. 013 -11; A Resolution of the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, establishing water rates and charges by Resolution as provided in Ordinance No. 03/4 amending Chapter 34 Utilities at Article II Section 34 -26 for the operation of the water distribution system for the Town; providing an effective date. C. ORDINANCE 13/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING SECTION 3.03 OF THE TOWN OF GULF STREAM CHARTER, TO CHANGE THE PROVISION RELATING TO ALL TOWN COMMISSIONERS BEING ELECTED TO THREE YEAR TERMS AT EVERY ELECTION SO THAT THE TOWN COMMISSIONERS WILL BE ELECTED FOR STAGGERED THREE YEAR TERMS, PROVIDING FOR A SPECIAL ELECTION TO DETERMINE WHETHER THE ELECTORS APPROVE OF THIS AMENDMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (First Reading) D. Appointment of Ad Hoc Committee E. Agreement for Vote Processing Equipment Use - Supervisor of Elections. F. RESOLUTION NO. 13 -12; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEAH COUNTY, FLORIDA, DESIGNATING THE SUPERVISOR OF ELECTIONS AND TOWN CLERK AS THE CANVASSING BOARD TO BE IN ATTENDANCE FOR THE TESTING OF THE COMPUTER ELECTRONIC SYSTEMS TABULATING EQUIPMENT TO BE USED FOR THE GENERAL ELECTION SCHEDULED FOR MARCH 11, 2014 AND TO CANAVASS RETURNS OF SUCH ELECTION INCLUDING THE ABSENTEE BALLOTS; ASSIGNING SUPERVISOR OF ELECTIONS TO HANDLE THE ABSENTEE BALLOTS; PROVIDING FOR REPEAL OF PRIOR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. G. Items by Mayor & Commissioners XI. 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