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HomeMy Public PortalAbout01/13/2012NOTICE 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, January 26, 2012 at 8:30 A.M., and the Town Commission will hold a Public Hearing on Friday, February 10, 2012, both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application submitted by Mark Marsh, Bridges, Marsh & Associates, as agent for Mr. & Mrs. Curtiss Roach, owners of property located at 3560 Gulf Stream Road, Gulf Stream, Florida, legally described as Lot 3, Block 2, Polo Fields Subdivision, Gulf Stream, Florida, for the following: SPECIAL EXCEPTIONS to permit two, one -story additions to the existing one -story Gulf Stream Bermuda style single family dwelling, each of which would encroach 2.3 feet into the north side setback, and also to permit a single story addition to the same dwelling that would encroach 2.8 feet into the south side setback. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit the construction of three one -story additions, 809 square feet, to the existing one -story Gulf Stream Bermuda style single family dwelling with two of the additions encroaching 2.3 feet into the north side setback and one addition encroaching 2.8 feet into the south side setback, and to permit the reconfiguration of the driveway. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application at the meetings noticed above. These meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. 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 PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated: January 4, 2012 TOWN OF GULF STREAM, FLORIDA /?X . 4: Rita L. Taylor, Mwn Clerk G 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, February 10, 2012 at 9:00 A.M., in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, will have on the agenda the adoption of the following: ORDINANCE NO. 11/7; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, FOCUSING ON EXCESSIVE NUTRIENT LEVELS IN PALM BEACH COUNTY WATER BODIES; PROVIDING FOR TITLE; PROVIDING FOR DEFINITIONS; PROVIDING FOR FINDINGS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR TIMING OF FERTILIZER APPLICATIONS; PROVIDING FOR FERTILIZER FREE ZONES; PROVIDING FOR FERTILIZER CONTENT AND APPLICATION RATES; PROVIDING FOR FERTILIZER APPLICATION PRACTICES;PROVIDING FOR MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE MATTER; PROVIDING FOR EXEMPTIONS; PROVIDING FOR TRAINING; PROVIDING FOR LICENSING OF COMMERCIAL APPLICATORS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR PENALTIES; PROVIDING FOR APPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR PENALTIES; PROVIDING FOR APPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR CAPTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. 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. 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: January 29, 2012 TOWN OF GULF STREAM, FLORIDA Rita L. Taylor, Town Clerk THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION I STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Ellen Sanita, who on oath says that she is Call Center Revenue Manager 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 in the matter Ordinance 11/7 was published in said newspaper in the issues of January 29. 2012. 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. Sworn to and subscribed before 3011, day of January, A.D. 2012. Who is personally known to me. NOTARY PU13UC•STATE OF FLORIDA •" Karen M. McLinton Cotvmission #DD832672 ....„r Expires: NOV.15, 2012 BONDED TARO ATIANTIC BONDING CO, INC. MAYOR: VICE MAYOR: COMMISSIONER: William F. Koch, Jr. Joan K. Orthwein Muriel J. Anderson Fred B. Devitt III W. Garrett Dering January 6, 2012 REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JANUARY 13, 2012 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. 1PATeI WD 1D7\ I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes of the Regular Meeting of December 9, 2011. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. January 13, 2012 @ 9 A.M. 2. February 10, 2012 @ 9 A.M. 3. March 9, 2012 @ 9 A.M. 4. April 13, 2012 @ 9 A.M. 5. May 11, 2012 @ 9 A.M. B. Mayor's Proclamation 1. Proclaiming March 13, 2012 ELECTION DAY VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Caroline Rudolf or Hassan Tajalli as agent for Mr.& Mrs. William McCrady, owners of the property located at 3883 Bermuda Lane, Apt. 8, Gulf Stream, Florida, which is legally described as Bermuda Club of Gulf Stream Condo #8, to consider the following: a. VARIANCE to permit the addition of outside emergency stairs attached to the south end of the existing building that will encroach three feet (3') into the required fifteen foot (151) setback. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the addition of aluminum emergency stairs attached to the south end of the existing building which would encroach approximately 3' into the required setback. B. LOCAL PLANNING AGENCY 1. Proposed Comprehensive Plan Amendments a. Future Land Use Element b. Transportation Element c. Housing Element d. Infrastructure Element (1) Sanitary Sewer Sub - Element (2) Solid Waste Sub- Element (3) Drainage & Natural Groundwater Aquifer Recharge Sub - Element (4) Potable Water Sub- Element e. Coastal Management Element f. Recreation & Open Space Element g. Intergovernmental Coordination Element h. Capital Improvement Element VIII. Reports. A. Town Manager 1. Zoning Code Review in Progress -ARPB 2. 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IN THE COMMISSION CHAMBERS OF THE TOWN GULF STREAM, FLORIDA. HELD BY THE TOWN JANUARY 13, 2012 AT HALL, 100 SEA ROAD, I. Call to Order. Mayor Koch called the meeting to order at 9:00 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by the Mayor. III. Roll Call. Present and Participating Also Present and Participating William F. Koch, Jr. Joan K. Orthwein Muriel J. Anderson Fred B. Devitt, III W. Garrett Dering William H. Thrasher Rita L. Taylor Garrett J. Ward John Randolph via Telephone Hassan Tajalli of Ames Architectural Design William Allis Susan Philips, Pres. Marty Minor of Urban Design Kilday Studios Robert W. Ganger Earl Harvel Mayor Vice -Mayor Commissioner Commissioner Commissioner Town Manager Town Clerk Police Chief Town Attorney Agent for McCrady 3883 Bermuda Lane #6 Bermuda Club Condo Assoc. Town Planning Consult. 1443 N. Ocean Blvd. Harvel Utility Constr. IV. Minutes of the Regular Meeting of December 9, 2011. Commissioner Dering moved and Vice -Mayor Orthwein seconded to approve the Minutes of the Regular Meeting of December 9, 2011. There was no discussion. All voted AYE. V. Additions, withdrawals, deferrals, arranaement of aaenda items. Clerk Taylor said there is the addition of Item VIII. A. 3. under Reports /Town Manager. She explained that Staff will request authority to advertise a resolution for the next meeting to allow assessments to appear on the 2012 tax roll. Clerk Taylor said Mr. Thrasher will speak on that item. VI. Announcements. A. Regular Meetings and Public Hearings 1. January 13, 2012 @ 9 A.M. 2. February 10, 2012 @ 9 A.M. 3. March 9, 2012 @ 9 A.M. 4. April 13, 2012 @ 9 A.M. 5. May 11, 2012 @ 9 A.M. Clerk Taylor stated that the Town has an election scheduled for March 13th and, by Code, the election results must be certified at Noon on the Regular Meeting and Public Hearing Town Commission - Friday, January 13, 2012 Page 2 Friday following the election, which is March 16th. She said a Regular Commission Meeting is scheduled for March 9th and the Commission has the option of holding their Regular Meeting on that date or rescheduling for March 16th at 11:00 A. M., adjourn or recess for the Election Certification at Noon and, if necessary, reconvene the Regular Meeting. Commissioner Anderson moved and Vice -Mayor Orthwein seconded to Q reschedule the March 9th Regular Meeting to Friday, March 13th at 11:00 A. M. There was no discussion. All voted AYE. B. Mayor's Proclamation 1. Proclaiming March 13, 2012 ELECTION DAY Clerk Taylor read the Mayor's Proclamation proclaiming March 13, 2012 as Election Day. Mayor Koch asked Clerk Taylor what the cut -off date is to qualify for the election. Clerk Taylor said that qualification starts at Noon on January 31, 2012 and the cut -off date is February 14, 2012 at Noon. VII. PUBLIC HEARING. A. Applications for Development Approval Clerk Taylor asked if there has been ex -parte communication concerning the matters to be heard in this Public Hearing. There were no declarations. She administered the Oath to Hassan Tajalli, William Allis, Susan Philips and Marty Minor. Clerk Taylor read the title of the Application. 1. An application submitted by Caroline Rudolf or Hassan Tajalli as agent for Mr.& Mrs. William McCrady, owners of the property located at 3883 Bermuda Lane, Apt. 8, Gulf Stream, Florida, which is legally described as Bermuda Club of Gulf Stream Condo #8, to consider the following: a. VARIANCE to permit the addition of outside emergency stairs attached to the south end of the existing building that will encroach three feet (3') into the required fifteen foot (15') setback. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the addition of aluminum emergency stairs attached to the south end of the existing building which would encroach approximately 3' into the required setback. Hassan Tajalli introduced himself and stated that he represents Mr. and Mrs. McCrady who would like to install an emergency staircase outside their Master Bedroom window on the South side of their building. He O said the McCradys have health issues and they believe they may not be able to escape their unit in an emergency, such as a fire. Mr. Tajalli said there is minimal foot traffic where they propose constructing the staircase and it would be covered by existing heavy landscaping. He said there would be minimal noise during the construction and it would be complete in 1 to 2 days. Commissioner Dering asked about the current fire codes and Mr. Tajalli stated that when the building was constructed, it met all of the criteria at that time. He said there is the minimum of 75' travel distance to the nearest exit and it does meet current code. Vice -Mayor Orthwein asked how the Condo Association feels about the staircase. Mr. Regular Meeting and Public Hearing Town Commission - Friday, January 13, 2012 Page 3 Tajalli said that Mrs. McCrady is a member of the Association and she presented a letter to him stating that it was accepted. Susan Philips, President of the Bermuda Club Condominium Association, introduced herself and stated that she spoke with the McCradys about the staircase and, because the stairs are small and do not encroach that Q much, she is okay with it, as are three other Association Members. She said everyone was fine with this except for Mr. Allis. Vice -Mayor Orthwein asked Mr. Tajalli to describe the staircase and Mr. Tajalli said the stairs are aluminum and will be 36" wide and painted white. Vice -Mayor Orthwein asked if the stairs will serve only the one unit and Mr. Tajalli confirmed that. Vice -Mayor Orthwein asked how many units there were in the building and Mrs. Philips said there are eight, four lower and four upper. Mrs. Philips said none of the other owners have requested an emergency staircase and she is positive that none of the current residents will do so. She said the stairs are moveable and can be taken down if future owners of Mr. and Mrs. McCrady's unit do not want them. Mr. William Allis, who resides at 3883 Bermuda Lane in #6, which is just below the McCradys, introduced himself and stated that he is in favor of anything that will prevent an emergency, but he said the original drawing of this project encroached on his privacy and he believes it would have decreased the value of his unit. He said the drawings have been revised and he is unsure as to what drawings have been circulated, but he feels the plans are not clear concerning electrical outlets and trash areas on the south side of the building. Mr. Allis said he has no objections, but wanted to go on record stating that their Condominium Association did not vote on this matter and, therefore, the Commission's decision will be based only on opinions that have been expressed during the public hearings. Commissioner Devitt asked Mr. Thrasher to confirm that the application is for a variance, it requires all eight (8) standards to be met and they have not all been met, the hardships go with the land and not the individual and the ARPB has recommended denial of both the Variance and the Level III Architectural /Site Plan. Mr. Thrasher confirmed that all eight standards must be met and they have not been met and he confirmed that the ARPB has recommended denial of this application. Mr. Randolph confirmed that the hardships go with the land, not the individual. OCommissioner Devitt said he is all for safety; however, he said based on the ARPB's recommendation, he cannot support this request. Commissioner Anderson expressed the same. Commissioner Devitt moved and Commissioner Anderson seconded to deny a Variance to permit the addition of outside emergency stairs attached to the south end of the existing building that will encroach 3' into the required 15 -foot setback based on the finding that required variance standards 1, 3, 4, 7 and 8 are not met. Mayor Koch asked Mr. Tajalli if there was another way the Condominium Association could take care of these safety hazards. Mr. Tajalli said there is no other area to construct an emergency staircase because the only window on the south Regular Meeting and Public Hearing Town Commission - Friday, January 13, 2012 Page 4 side of these units is in the Master Bedrooms. Vice -Mayor Orthwein asked if a retractable staircase would be an option. Mr. Tajalli said the McCradys have health issues and that type of staircase would be too heavy for them to maneuver. Commissioner Daring commented that the unit does meet the current fire code. Roll Call: Vice -Mayor Orthwein, AYE; Commissioner Devitt, AYE; Commissioner Anderson, AYE; Commissioner Q Dering, AYE; Mayor Koch, AYE. There was no further discussion. The motion passed 5 - 0. Vice -Mayor Orthwein moved and Commissioner Anderson seconded to deny the Level III Architectural /Site Plan to permit the addition of aluminum emergency stairs attached to the south end of the existing building which will encroach approximately 3' into the required setback based on the finding that the required variance standards 1, 3, 4, 7 and 8 are not met. There was no discussion. Roll Call: Vice -Mayor Orthwein, AYE; Commissioner Devitt, AYE; Commissioner Anderson, AYE; Commissioner Dering, AYE; Mayor Koch, AYE. There was no further discussion. The motion passed 5 - 0. B. LOCAL PLANNING AGENCY 1. Proposed Comprehensive Plan Amendments a. Future Land Use Element b. Transportation Element c. Housing Element d. Infrastructure Element (1) Sanitary Sewer Sub - Element (2) Solid Waste Sub - Element (3) Drainage & Natural Groundwater Aquifer Recharge Sub - Element (4) Potable Water Sub - Element e. Coastal Management Element f. Recreation & Open Space Element g. Intergovernmental Coordination Element h. Capital Improvement Element At this time, the Town Commission will be sitting as the Local Planning Agency (LPA). Marty Minor of Urban Design Kilday Studios introduced himself and stated that he was here today for the transmittal of the Comp Plan Amendments to the State and other required agencies. He said the agencies are allowed 30 days to review the amendments and send them back to this Board, who will then, sitting as the Town Commission, consider final adoption. Mr. Minor explained that the recommended amendments were presented to the Architectural Review and Planning Board (ARPB) and were discussed during their Regular Meeting on December 22, O 2011. He said he received comments and recommended changes presented from Chairman Ganger and Board Members and, as a result, some of the language has been revised and they have updated the population projections and coastal high hazard maps. Mr. Minor said that all of the updates are highlighted and included in Commissioner's meeting packets. He said he would be happy to answer any questions from the LPA. There were no questions or comments. Commissioner Anderson moved and Vice -Mayor Orthwein seconded to transmit the recommended Comp Plan Amendments to the State and other required agencies. There was no discussion. Roll Call: Vice -Mayor Orthwein, AYE; Commissioner Devitt, AYE; Commissioner Anderson, AYE; Commissioner Dering, AYE; Mayor Koch, Regular Meeting and Public Hearing Town Commission - Friday, January 13, 2012 Page 5 AYE. The motion passed 5 - 0. Clerk Taylor noted Ordinance No. 12/1 will be considered under Item IX. Items for Commission Action. VIII. Reports. A. Town Manager 1. Zoning Code Review in Progress -ARPB O Mr. Thrasher said the review process of the Town's Zoning Code began with the ARPB and Staff has compiled a list of items requiring discussion and recommendations for changes to the Zoning Code. He said there are currently eight (8) items on the list, which include the following: Docks; minor accessories, with regard to water falls and grottos; roof tiles and tile colors; eave heights as it relates to entry structures; lot size and dimensional requirements; FAR in the Core area as there have been comments indicating this section of the Code may not have served the community as well as intended; Section 70 -4, "How to Use This Manual" which was cited in the matter of the subdivision of 1220 N. Ocean Blvd.; and, definitions, with regard to basements, which relates to the driveway situation at 4110 N. County Road. Mr. Thrasher invited the Commissioners to add any items they would like to have discussed by the ARPB. Mayor Koch asked how long it will be before the recommendations are ready to present to the Commission and Mr. Thrasher said it may be two to three months. Clerk Taylor explained that the ARPB will take a few items per meeting for discussion. Vice -Mayor Orthwein asked how the ARPB feels about the FAR. Mr. Thrasher said members of the ARPB have received comments about excessive lot size and mass of new homes in the Core Area and they feel we may have been too lenient on the FAR. Mr. Thrasher said, immediately upon hearing these comments, he asked Mr. Minor if he had the technology to calculate the FAR based on CAD drawings provided to the Town. Mr. Minor did one calculation completely and the FAR calculations were within 28 SF. Mr. Thrasher said we are trying to determine if the Town is being too lenient and whether the problem is in the way the FAR is approved and calculated, or if the FAR is too large for the Core Area. Vice -Mayor Orthwein asked how the FAR compares to other communities. Mr. Minor said in comparison to other communities it is small. He said they want to look at how it is being applied and try to define it better. Mayor Koch said he is concerned with developers coming into the annexed area with no guidelines. Mr. Thrasher said the direction given by Mr. Randolph is that the Town currently has multi - family and single family code which developers can use to apply for a permit. Vice -Mayor Orthwein asked if the design of homes which makes them blocky and massive - looking will be affected when researching the FAR. Mr. Minor confirmed that and said it is one of the things they are looking at. Clerk Taylor said there will be other zoning amendments to be made after comments are back regarding the Comp Plan and this is the time to study everything so there will be only one codification. 2. Water Reserve Mr. Thrasher stated that he provided a Memorandum in the meeting packets and was assisted by Commissioner Dering in producing the attachment Regular Meeting and Public Hearing Town Commission - Friday, January 13, 2012 Page 6 identifying the annual cash flow into the Utility Fund. He said Earl Harvel of Harvel Utility Construction provided the information concerning the inventory of the Town's water system and the estimated cost to repair or replace each line. Mr. Thrasher said his recommendation is to immediately begin billing an additional base fee as a separate line item called "Reserves" and that money will be deposited Q into a stand -alone Money Market account. He said the amount he is recommending for the base fee is $30.00 per user per billing cycle, which is $15.00 per month per user. Mr. Thrasher said this will bring the Town to the point of developing a reserve based on the value of replacement and the life of the infrastructure. Commissioner Devitt asked if there is a built -in catch -up buffer and Mr. Thrasher said there is not. He said after discussions with Mr. Harvel he feels that once there is some money available we can start to replace the system in parts rather than an entire section, which will buy time while building the reserves. Mayor Koch asked if repairs to the system will go out for bid. Mr. Thrasher confirmed that saying the Town will follow proper protocol and Harvel Utility Construction will bid on projects; however, he said some may be too big for them to take on, in which case Earl Harvel will be involved in inspections or site reviews. Vice -Mayor Orthwein asked how much will go into reserves each year. Mr. Thrasher said the idea is to have a positive cash flow and that portion would not go into reserves, but would carry forward in a due to /due from. The line item, if identified, would represent about $60,000, but the total amount of reserves needed in an average year is $116,000. Commissioner Dering said that where we are currently, we will need to borrow money if something happens and he asked Mr. Thrasher why we would not take the profit along with the $30.00 fee and put all of it into an account. Mr. Thrasher said that can be done. Mr. Thrasher said he provided a couple of articles to the Commissioners concerning the infrastructure throughout the US and pointed out an incident in Miami Springs over the holidays where they experienced breaks in their water system and were without water and left in a nasty environment. He said it is easy to not address these issues because you do not see them until something happens. In closing, Mr. Thrasher said he is hoping the Commission will recommend an immediate increase in water billing. OMr. Harvel said that all of the system was built with material to last a lifetime and some of the piping may outlive our children. He said the document he prepared for the Commission was not meant to imply that the Town should build their reserve to replace millions of dollars of piping, but they are finding some elements that can cause damage to the system and, therefore, the Town should be prepared for occasional repair and replacement or for an emergency. Commissioner Devitt asked what amount would be appropriate for reserves to strive for based on the total cost of replacement. Mr. Thrasher said he would like $1,000,000. He said the concept and methodology on which his Memorandum was written did look at total life and what it should be, but it is impossible to accomplish the overall task based on the proposed amount. Regular Meeting and Public Hearing Town Commission - Friday, January 13, 2012 Page 7 Vice -Mayor Orthwein moved and Commissioner Devitt seconded to approve the immediate billing of a separate line item in the amount of $30.00 per billing cycle per user for the purpose of building a reserve in the Water Fund. There was no discussion. Roll Call: Vice -Mayor Orthwein, AYE; Commissioner Devitt, AYE; Commissioner Anderson, AYE; Commissioner Dering, AYE; Mayor Koch, AYE. The motion passed 5 - 0. Q3. Authority to Advertise Resolution No. 12 -1 Clerk Taylor stated that a motion is required to authorize Staff to advertise Resolution No. 12 -1 which is the last step to get the special assessment on the tax bills for 2012. She noted that this must be advertised four (4) times. Vice -Mayor Orthwein moved and Commissioner Anderson seconded to authorize Staff to advertise Resolution No. 12 -1 providing for the special assessment to appear on the 2012 tax bills. There was no discussion. Roll Call: Vice -Mayor Orthwein, AYE; Commissioner Devitt, AYE; Commissioner Anderson, AYE; Commissioner Dering, AYE; Mayor Koch, AYE. The motion passed 5 - 0. B. Architectural Review & Planning Board 1. Meeting Dates a. January 26, 2012 @ 8:30 A.M. b. February 23, 2012 @ 8:30 A.M. c. March 22, 2012 @ 8:30 A.M. d. April 26, 2012 @ 8:30 A.M. e. May 24, 2012 @ 8:30 A.M. f. June 28, 2012 @ 8:30 A.M. ARPB Chairman, Robert Ganger, commented that the ARPB is prepared in principal to hold a special meeting for the purpose of discussing Comp Plan amendments and changes to the Zoning Code. He said they will discuss these items in order of importance saying that anything relating to the Comp Plan is most important. C. Finance Director 1. Cash & Budget Report for December 2011 Mr. Thrasher requested that the Cash & Budget Report for December 2011 be approved as submitted. Commissioner Dering said he would like to see the format change. He said the report shows $400,000 in property taxes that have not yet been collected and asked if that is typical. Mr. Thrasher said it is typical and said that money will come in April or May. Commissioner Dering pointed out that the report indicates we are bugeting for a $430,000 deficit this year. Mr. Thrasher said this is due to the Town's cost for their share of the undergrounding. Vice- Mayor Orthwein said the Town owns parcels of land and the Town paid their cost up front from reserves. Commissioner Dering pointed out that 50% of the G & A budget has already been spent and asked Mr. Thrasher if that is typical. Mr. Thrasher said it is typical because the Town pays a lot of up front costs, such as for their dispatch. Commissioner Dering asked Mr. Thrasher how he would know whether or not he is on budget if it is not on an accrual or cash basis. Mr. Thrasher said he uses projections and history. He said it is an option, but an accrual basis is not convenient. Mayor Koch said this is very important and suggested Commissioner Dering and Mr. Thrasher get together to discuss the matter and report their recommendations to the Commission. Vice - Mayor Orthwein moved and Commissioner Anderson seconded to approve the Regular Meeting and Public Hearing Town Commission - Friday, January 13, 2012 Page 8 Cash & Budget Report for December 2011 as submitted. Roll Call: Vice - Mayor Orthwein, AYE; Commissioner Devitt, AYE; Commissioner Anderson, AYE; Commissioner Dering, AYE; Mayor Koch, AYE. There was no further discussion. The motion passed 5 - 0. 2. Performance & Year End Projection- 12/31/11 Mr. Thrasher stated that the Commission asked him to prepare this report Q which parallels the budget. He said it shows the projected deficit of $39,000; however, he said the first quarter of the year is not as meaningful as when you move further into the year with projections. Mr. Thrasher said that earlier in the discussion Commissioner Anderson referred to the use of funds, or the cost of the assessment. He said in the budget the estimated cost to the Town was $450,000 and the actual cost was approximately $351,000 so the utilization of funds from savings will be $350,000. Mr. Thrasher said there is no other significant information to report. D. Police Chief 1. Activity for December 2011 Chief Ward requested that the Activity Report for December, 2011 be accepted as submitted. Vice -Mayor inquired about a police officer that was injured on duty and Chief Ward confirmed that. The Commissioners accepted the Activity Report for December 2011 as submitted. IX. Items for Commission Action. A. ORDINANCE NO. 11/7; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, FOCUSING ON EXCESSIVE NUTRIENT LEVELS IN PALM BEACH COUNTY WATER BODIES; PROVIDING FOR TITLE; PROVIDING FOR DEFINITIONS; PROVIDING FOR FINDINGS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR TIMING OF FERTILIZER APPLICATIONS; PROVIDING FOR FERTILIZER FREE ZONES; PROVIDING FOR FERTILIZER CONTENT AND APPLICATION RATES; PROVIDING FOR FERTILIZER APPLICATION PRACTICES;PROVIDING FOR MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE MATTER; PROVIDING FOR EXEMPTIONS; PROVIDING FOR TRAINING; PROVIDINGFOR LICENSING OF COMMERCIAL APPLICATORS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR PENALTIES; PROVIDING FOR APPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR CAPTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. (1ST reading) (�J1. Clerk Taylor read the title of Ordinance No. 11/7 being presented for first reading this 13th day of January, 2012. She stated that this is a necessary ordinance as it is required on the NPDES Program and it is mandatory. Commissioner Devitt moved and Vice -Mayor Orthwein seconded to approve Ordinance No. 11/7 on first reading. There was no discussion. Roll Call: Vice -Mayor Orthwein, AYE; Commissioner Devitt, AYE; Commissioner Anderson, AYE; Commissioner Dering, AYE; Mayor Koch, AYE. The motion passed 5 - 0. B. ORDINANCE NO. 12/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING THE TOWN'S FUTURE LAND USE MAP DESIGNATING 16.6 ACRES, MORE Regular Meeting and Public Hearing Town Commission - Friday, January 13, 2012 Page 9 OR LESS, IN SIZE AS "MF (MULTI - FAMILY)" AS A RESULT OF AN ANNEXATION; SUCH PROPERTY IS LOCATED GENERALLY EAST AND WEST OF STATE ROAD AlA, SOUTH OF LITTLE CLUB ROAD AND NORTH OF SEA ROAD; AMENDING THE TOWN OF GULF STREAM CONPREHENSIVE PLAN TO REFLECT THE ANNEXATION AND REVISIONS TO STATE GROWTH MANAGEMENT REGULATIONS AS SET FORTH HEREIN AND ATTACHED © HERETO; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREOF; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. (1st reading) Clerk Taylor read the title of Ordinance 12/1 being presented for first reading on this 13th day of January, 2012. Clerk Taylor explained that this ordinance will adopt the amendments to the Comp Plan as a result of the Annexation. She said this is only the first reading and it adoption will not take place until it comes back from the State and other required agencies. Commissioner Anderson moved and Vice -Mayor Orthwein seconded to approve Ordinance 12/1 on first reading. Roll Call: Vice - Mayor Orthwein, AYE; Commissioner Devitt, AYE; Commissioner Anderson, AYE; Commissioner Dering, AYE; Mayor Koch, AYE. There was no further discussion. The motion passed 5 - 0. C. Items by Mayor & Commissioners There were no items by the Mayor or the Commissioners. X. Public. Robert Ganger, President of the that the last order of business marker of the Town's border, wh the St. Andrews Tennis Courts. for the new marker and will get Governor on board. Gulf Stream Civic in relation to th ich will be placed He said the Civic the Department of Association, stated annexation is a new just about in front of Association will pay Transportation and the With regard to the Community Holiday Fund, Mr. Ganger stated that the Civic Association has been doing this for four decades and this was a record year saying that everyone was very generous and the Town Employees received a very nice gift this season. Commissioner Dering asked Mr. Ganger if he can give residents an idea of the appropriate amount to donate toward the Fund. Mr. Ganger said this is strictly voluntary and the range is extreme; however, he said he would report to the Commission on the amount of the average gift after all of the figures have been calculated. He said the residents recognize Gulf O Stream as a leader in how to run a town. Mr. Thrasher thanked Mr. Ganger on behalf of all of the Town's employees. XI. Adjournment. Vice -Mayor Orthwein moved and Commissioner Dering seconded to adjourn the Meeting. The Meeting was adjourned at 10:10 A M Gail C. Abbale Administrative Assist Lt