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HomeMy Public PortalAbout05/11/2012May 4, 2012 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Muriel J. Anderson Fred B. Devitt III W. Garrett Dering ` ) REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MAY 11, 2012 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. A(,F.NT)A I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes of the Regular Meeting of 4- 13 -12. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. June 8, 2012 @ 9 A.M. 2. July 13, 2012 @ 9 A.M. 3. August 10, 2012 @ 9 A.M. 4. September 14, 2012 @ 9 A.M. 5. October 12, 2012 @ 9 A.M. VII. PUBLIC HEARING of BOARD OF ADJUSTMENT (Continued from 4- 13 -12) A. Appeal Final Action of Planning & Bldg. Administrator 1. An application submitted by Christopher O'Hare, owner of property located at 2520 Avenue Au Soleil, legally described at Lot 36,Place Au Soleil Subdivision, Gulf Stream, Florida, for the following: a. Appeal of Administrative Decision to deny the installation of a metal roof until such time as a variance to permit such material has been applied for and approved for the dwelling at the location stated herein. VIII. Items Related to Previous Approvals. A. Change of roof tile at 554 Palm Way submitted by Mark Marsh as Agent for Mr. & Mrs. James Davis IX. Reports. A. Utility Undergrounding Update -Danny Brannon (engineer) B. Town Manager 1. Update on conditions & Progress at 1220 N. Ocean Blvd. C. Architectural Review & Planning Board 1. Meeting Dates a. May 24, 2012 @ 8:30 A.M. b. June 28, 2012 @ 8:30 A.M. c. July 26, 2012 @ 8:30 A.M. d. No August Meeting. e. September 27, 2012 at 8:30 A.M. 2. Zoning /Development Code Amendment Recommendations D. Finance Director 1. Cash & Budget Report for April 2012 E. Police Chief 1. Activity for April 2012 AGENDA CONTINUED X. Items for Commission Action. A. Items by Mayor & 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 �i MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MAY 11, 2012 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order A.M. Mayor Koch called the meeting to order at 9:00 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 Joan K. Orthwein Muriel J. Anderson Fred B. Devitt, III W. Garrett Daring William H. Thrasher Rita L. Taylor Garrett J. Ward John Randolph Lou Roeder, Esq. Mark Marsh, Bridges Marsh & Assoc. Danny Brannon, Brannon & Gillespie Marty Minor, Urban Design Kilday Studios Tom Murphy, Esq. Martin O'Boyle Robert Ganger, Chairman Margo Stahl Gammon, Mbr Mayor Vice -Mayor Commissioner Commissioner Commissioner Town Manager Town Clerk Police Chief Town Attorney Rep. O'Hare Agent / Davis Underground Consult. Town Consultant Rep. Concerned Residents of Hidden Harbour Estates Hidden Harbour Est. ARPB Gulf Stream Shores Condo Association Clerk Taylor asked to let the record show that William Thrasher, Town Manager, and John Randolph, Town Attorney, were present. IV. Minutes of the Regular Meeting of 4- 13 -12. Vice -Mayor Orthwein moved and Commissioner Anderson seconded to approve the Minutes of the April 13, 2012 Commission Meeting. There was no discussion. All voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes. VI. Announcements. A. Regular Meetings and Public Hearings 1. June 8, 2012 @ 9 A.M. 2. July 13, 2012 @ 9 A.M. 3. August 10, 2012 @ 9 A.M. 4. September 14, 2012 @ 9 A.M. 5. October 12, 2012 @ 9 A.M. Regular Meeting and Public Hearing Town Commission - May 11, 2012 Page 2 Clerk Taylor noted an error in the Meeting Schedule and said the correct date of the June Commission Meeting is Friday, June 8, 2012. There were no conflicts with the Meeting Schedule. VII. PUBLIC HEARING of BOARD OF ADJUSTMENT (Continued from 4- 13 -12) A. Appeal Final Action of Planning & Bldg. Administrator O 1. An application submitted by Christopher O'Hare, owner of property located at 2520 Avenue Au Soleil, legally described at Lot 36,Place Au Soleil Subdivision, Gulf Stream, Florida, for the following: a. Appeal of Administrative Decision to deny the installation of a metal roof until such time as a variance to permit such material has been applied for and approved for the dwelling at the location stated herein. Clerk Taylor asked for declarations of ex -parte communication and there were none. Clerk Taylor administered the Oath to Lou Roeder, Esq., Mark Marsh, Danny Brannon, Marty Minor and Martin O'Boyle. Mr. Randolph summarized saying the Board of Adjustment considered an appeal of the Administrative Official's decision at the April 13, 2012 Meeting as to whether or not a variance is required to place a metal roof on a single family structure. They made a motion requesting that the applicant to advise the Town as to whether or not he would allow the Town to select an engineer to verify his engineer's report, and further, if the two engineers disagreed, they would jointly appoint a third engineer to determine whether or not the structure could support a tile roof. Mr. Randolph said since then he received a letter from Mr. Reoder, the applicant's attorney, advising that his client will not allow the Town's engineer to verify under the terms of the motion, and he said it would be appropriate to hear directly from the applicant's attorney with regard to his client's response to the Town's request. He said this is a quasi - judicial hearing and, therefore, the Minutes of the April 13, 2012 Meeting which were just approved should be incorporated into the record of this proceeding. The Minutes of the April 13, 2012 Commission Meeting will be made a part of the record and filed in the Official Records of the Town of Gulf Stream. Mr. Roeder said the Board of Adjustment made their motion before making G a decision on the variance appeal. He asked the following questions: (1) Who is responsible for the engineers' fees ?; (2) When will the Town inform his client of the appropriate metal roof if the Town's engineer verifies and his client has satisfied the requirements of Code Section 70- 187(2) ?; (3) Who will accept liability if the Town's engineer and a third engineer disagree with the owner's engineer, the Town forces his client to install a tile roof and the roof fails ?; and, (4) Is there any precedent that has been set where the Town can impose an extra condition beyond the requirements of the Code? Mr. Roeder summarized the chronology of events leading to this hearing, he said the goal post keeps shifting and he stated that his client does not want to allow the Town to have their engineer come in to verify his engineer's certification because he feels it is an unreasonable request. Regular Meeting and Public Hearing Town Commission - May 11, 2012 Page 3 Mr. Randolph to Mr. Roeder: It is my understanding that your client, regardless of the answers to the questions you raised at the beginning, has made the determination that he will not allow the engineer's certification to be tested by the Town, and you have already advised us of that, is that correct? OMr. Roeder: That is correct, and it is because of the changing goal post and these unanswered questions. Mr. Randolph: So the answers to those questions are really irrelevant in regard to your client's decision because he has already made that decision. Mr. Roeder: We never had any answers to those questions, it was not evident at the last hearing, and if we had those answers to those questions it may have really helped to go a long way to be able to sit down with my client. Mr. Randolph: Did you ask those questions at the last hearing? Mr. Roeder: No, these are questions that have arisen. Basically, you and I had some discussions after the last hearing where we put forth the question about the liability issue, that's the biggest issue. Mr. Randolph: You are raising questions today that have not been raised in front of this Commission before, yet your client has already made the decision that he does not wish the Town to come in and test the accuracy of your engineer's report. Mr. Roeder: Without the answers to these questions, no he is not. Mr. Randolph: We have had since the last meeting to ask those questions and have them answered and yet your client, without the answers, has still made the decision not to allow the Town to test the accuracy of your report. Mr. Roeder: We are coming to a hearing today to answer why my client will not allow the Town to come in and verify his engineer's O certification. We have asked many times at the last hearing, the issue was we appealed the decision that a variance is required. We think Section 70- 187(2) is quite clear, a variance is not required. If the Town wants to address the separate issue as to verifying our engineer's certification, that's a separate issue. We have appealed only the decision that a variance is required and that's what we are still waiting for and we have had other conditions put on us which we are not willing to accept. Mr. Randolph: I just want to speak to the accuracy of at least one of these statements about what you did at the last hearing. I believe the Town Commission was very clear at the last hearing that you are entitled to a variance for a metal roof subject to your meeting the conditions of Regular Meeting and Public Hearing Town Commission - May 11, 2012 Page 4 the Code, and those conditions of the Code were to get an engineer's certification stating that the structure would not support a tile roof, which you did. However, they have indicated, based upon other information that was presented at the hearing that cast some doubt on the engineer's report that it would be reasonable to allow the Town to just test the accuracy. So that's the issue and that's why they decided O that they could not make a determination as to whether you needed a variance until they learned what your client was willing to do with regard to that particular matter. That is what is before this Commission today. Now that your client has refused to allow the Town to test the accuracy of your engineer's report, the matter is still in front of the Commission as to whether or not you need a variance. Mr. Roeder: The Town is putting a requirement on us that is outside the Code and we have asked to keep this a separate issue. We want the Town to decide, is a variance required? The Town is casting doubt on us for reasons we do not know. If you have cause you have to give us that cause as to why you do not think our engineer's certification is not accurate. The Town's motion said we will defer this and not make a decision until you provide our engineer the opportunity to verify your certification. We feel this is adverse to the Code, it is not what the Code says, the Code is very clear, we provided you with certification, we should be able to apply to receive a metal roof. The Town has coupled the two together and that is why my client is refusing the Town to verify the certification. Mr. Randolph: I think now is the opportunity to ask Mr. Roeder any questions in regard to this. Mayor Koch: Does your client, if the roof can hold the type of roof it has now, prefer that over the metal roof or does he really want a metal roof? Mr. Roeder: We put that into the record the last time, my client is not set on a metal roof. It came from the contractor that he wants a metal roof and not concrete tile. My client would love to have a concrete tile roof, but the engineer's certification says it will not handle it. He would like either shingle or shake, but shingle and shake are specifically and without exception prohibited under the Code. At least metal is a light roof which allows for an exception which my client needs and that's why he came in asking for a metal roof. Vice -Mayor Orthwein said the house has held a concrete tile roof for 35 years and maybe it has deteriorated, but we cannot just accept your engineer's report and all we want is for our engineer to go in there and verify and you denied it now. Mr. Roeder: It is a monumental shift because the Code says you will provide A & B and now the Town is saying you provide A, B & you provide C. Regular Meeting and Public Hearing Town Commission - May 11, 2012 Page 5 Mr. Randolph: I don't think you are accurate, I think the Code says you provide A, but that doesn't mean the Town has to accept A without question. Your engineer's report which should be made a part of the record says "to the best of my knowledge this structure will not support a tile roof" and, on that basis, the Town has the right to check it. Mr. Thrasher to Mr. Roeder: Could you tell me if your client has spoken to any other structural engineer in regards to the integrity of the roof at 2520 Avenue Au Soleil. Mr. Roeder: At this time I do not know, I have no knowledge if he has or has not received an opinion from any other engineer. Mr. Thrasher: Do you have documentation to Mr. Lunn' Mr. Roeder: I do not have supporting information. I supporting information and report. or have knowledge of any supporting s December 14th engineering report? possession or have seen any of that just know that Mr. Lunn looked at some even inspected the site and came up with this Mr. Thrasher read into the record Mr. Lunn's Engineering Report dated December 14, 2011 and addressed to Christopher O'Hare, 2520 Avenue Au Soleil, Gulf Stream Florida 33483 concerning the O'Hare Residence at that address. He asked Mr. Roeder if what he read was Mr. Lunn's Engineering Report and Mr. Roeder confirmed that. Mr. Thrasher stated that he provided Mr. Roeder with a copy of the Delray Beach Revision Form submitted to the Town on November 15, 2011 by the roofing contractor approximately 30 days prior to Mr. Lunn's certification, and he said the Revision reads: "Customer wants to change to a metal roof" and does not refer to the roof structure. Mr. Lunn's Engineering Report will be filed in the Official Records of the Town of Gulf Stream. Mr. Randolph administered the Oath to Rita Taylor, Town Clerk. Mr. Thrasher to Clerk Taylor: Could you tell me what the conversation was with the roof contractor, I believe her name is Diana, in regards to her providing you this form as a revision to the already permitted concrete roof? Clerk Taylor: She said when she presented it that the owner had decided that he wanted to have a metal roof and the revision was for the previous application that had been submitted several months ago for the concrete tile roof. Mr. Thrasher: To your knowledge was that concrete tile roof permitted? Clerk Taylor: It was permitted by the Building Department in Delray Beach and she went on to say she was wondering why they had not been told to lay the tile because the underlay had been on for some time and that's when they received the revision form to go to metal. Regular Meeting and Public Hearing Town Commission - May 11, 2012 Page 6 Mr. Thrasher to Mr. Roeder: Is it correct to say that your client became aware of the existing roof condition as a result of Mr. Lunn's technical report? Mr. Roeder: No. It is quite evident you are asking questions prompted by your attorney. Mr. Thrasher: Excuse me, that is not an assumption that is correct. Mr. Roeder: You made assumptions too, you made an assumption that Diana is the contractor, Diana is not the contractor, she is your contact person. The contractor of record I think is Mr. Maroni for Roofco. She is a contact person so what she says I think is irrelevant. You bring referrals to timelines, December 14th, and I told Mr. O'Hare you better get something in writing. He knew before the 11th that there was a problem, became concerned, he contacted Mr. Lunn who gave him a verbal, and after it was rejected I said I think you better go back and get something in writing, which he did on December 15th. We approached the Town in March saying why can't we do this and we were told you cannot do it period because one part of the Code says it can't be done, and we found out last month that that part of the Code does not apply. Mr. Randolph to Mr. Roeder: Is your client here to allow us to test the accuracy of the statements you are making on his behalf? Mr. Roeder: No, he is not. Mr. Randolph: Is the engineer here that did this report? Mr. Roeder: No, he is not. Mr. Randolph: Did you file for the engineer at the last hearing to allow the counsel to question the engineer in regard to his report? Mr. Roeder: I don't think we were asked to bring the engineer at the last hearing and no, we did not file. Mr. Randolph: Despite the fact that the letter said "if I can answer any other questions" the Town has not had an opportunity to have these questions answered by the engineer. Mr. Roeder: The same thing would be to ask, when we first approached the Town on November 15th about putting on a metal roof and the Town told us that metal roofs were not allowed period, why we were not told about the exception. We were not told about a section in the Code that allows you to have this and my client discovered this on his own. Mayor Koch said the Town would like another engineer to verify whether or not the structure can support a tile roof, and he said they cannot move ahead with the applicant's request until they can do so. Commissioner Devitt said the applicant probably was not told about the exception for a metal roof because he applied for a concrete roof Regular Meeting and Public Hearing Town Commission - May 11, 2012 Page 7 replacement, and he said, with regard to the intent of the manual, a major item was to prohibit metal roofs. Commissioner Devitt said a special provision was written for those with existing shingle or shake roofs that could not later support concrete tiles without having to convert the entire roof system, which would have caused undue hardship. Mr. Roeder said the provision does not state that it applies only to those with shingle or shake roofs, he said all roof structures deteriorate over time and the provision should cover all categories. Commissioner Devitt agreed; however, he said the applicant has an existing concrete tile roof and he if the applicant is confident that the structure will no longer support it, he should allow the Town's engineer to verify. There were no comments by the Public. Mr. Randolph said he understands the applicant's position is that he has met the Code exception requiring only an engineer's certification and that there is nothing in the Code requiring a certification to be verified. On the record, Mr. Randolph stated, "Yes, the applicant is entitled to a metal roof without a variance as long as he meets the exception in the Code which requires him to provide the engineer's certification. He said this should set the record straight and it sets the question that may come before a subsequent court in the event the applicant decides to appeal. Based upon those facts, the question before the Board of Adjustment is, does the Board consider a variance to be required on the basis of the applicant's refusal to allow the engineer's certification to be tested ?" Mr. Roeder said the engineer's language "to the best of my knowledge" is standard, and he said if the Board's position is that they doubt the engineer's certification, he believes it should be very specific in the record as to what casts that doubt. He asked, on the record, "What is the real reason as to why the Town is placing the extra requirement, is it because they do not like metal roofs ?" Mr. Randolph said it is not that the Town does not like metal roofs, the Town provides an exception in its Code to allow metal roofs. He said there is a record before you from the last hearing which sets forth facts as to why the Board questions the engineer's report. It is based on previous conduct of your client, and based upon what has gone into the record today that, before getting an engineer's certification, the applicant previously stated that he wanted a metal roof. Mr. Roeder said his client never stated that he wanted a metal roof, that was something written on a Jpiece of paper. Vice -Mayor Orthwein said she stands by the previous request to have another engineer verify the certification. Commissioner Devitt said the Town has questioned submittals in the past and has consulted with their engineer on many occasions to acquire reasonable backup. Commissioner Dering moved to deny the request for a metal roof on the basis that the Town has not been allowed to verify the engineer's certification, and he further moved that the applicant can apply for a variance if he so desires. Mr. Randolph clarified the motion saying that the question before the Board is whether or not they sustain the opinion of the Regular Meeting and Public Hearing Town Commission - May 11, 2012 Page 8 Building Official that a variance is required. He said in the event the Board supports the Building Official's decision that a variance is required for a metal roof, the primary reason is that the applicant has not satisfied that portion of the Code which provides an exception to allow a metal roof because he has not allowed the Town to verify the engineer's report. Vice -Mayor Orthwein seconded the motion. There was Ono further discussion. All voted AYE. VIII. Items Related to Previous Approvals. A. Change of roof tile at 554 Palm Way submitted by Mark Marsh, Agent for Mr. & Mrs. James Davis Mark Marsh said revisions to originally approved plans for this property were approved by the Commission with the exception of the roof tile. He said the applicant wanted a gray tile, the Commission did not object to the color, but they requested to see a sample of the actual tile. Mr. Marsh said he submitted a gray tile to the ARPB at their April Meeting, which is smaller in size and has a different finish than the originally proposed tile, and the ARPB recommended approval. He displayed a sample of the new roof tile to the Commission. Vice -Mayor Orthwein moved and Commissioner Anderson seconded to approve the roof tile. There was no discussion. All voted AYE. IX. Reports. A. Utility Undergrounding Update -Danny Brannon (engineer) Danny Brannon reported that FP &L finally assigned an engineer to the project two weeks ago and his firm has had contact with FP &L several times. He said they have a redline design from both Comcast and AT &T and FP &L will be submitting their redline design. Commissioner Devitt asked if drawings will be available showing placement of the entire infrastructure and Mr. Brannon confirmed that. He said AT &T and Comcast have gone through the route, FP &L will do the same, and if there are no underground issues they will put a detailed construction plan together. Robert Ganger said Jupiter Inlet Colony has less than 1% left to complete their project and are approximately $500,000 ahead in cost. He said Danny Brannon has stayed on top of Gulf Stream's project, any delay caused by FP &L has been solved and, unless something unexpected comes up, the project will be completed on time and probably at a lower cost. Robert Sywolski of Gulf Stream said FP &L was in Town recently to repair a fallen pole, leaving the grounds in despicable condition. Mayor Koch asked Mr. Sywolski to submit photos and he asked Mr. Thrasher to look into this. Mr. Brannon said his firm hires their own contractors who will be responsible for clean up, repair and replacement for any damage due to construction. B. Town Manager 1. Update on Conditions & Progress at 1220 N. Ocean Blvd. Mr. Thrasher said he and others have driven by the site since April 13th and observe a general condition of dust control, noise is not excessive, it is clear of trash and debris, and he said a superintendent has been assigned to the project. Staff has had various communications and meetings with Delray Inspections, Delray Landscaping & Planning, the Regular Meeting and Public Hearing Town Commission - May 11, 2012 Page 9 Developer, Job Superintendent and Subs for site prep and drainage installation, and he said everyone is cooperating. The Gulf Stream Police Department regularly patrols this area and anything out of the ordinary will be reported to the Town Manager. Mr. Thrasher said Staff has received various certifications from Delray Landscape & Planning and the Developer's Landscape Architect stating that, to date, one tree on O the eastern buffer has been removed, which should have stayed. He said he just received an email saying Delray's Landscape Planner and Certified Arborist have verified Tree No. 167 on the eastern buffer is also damaged, there was visible trunk decay and it fell due to recent storms and termite damage. Mr. Thrasher said Staff has provided timely responses to several information requests, including copies of the approval process, permits, minutes of the subdivision approval process, etc. He said damage in the buffer area will be handled according to the conditions in the Land Clearing Section of the Subdivision Approval. Martin O'Boyle of Hidden Harbour Estates said that he and several of his neighbors are concerned with the removal of the Banyan Tree from Hidden Harbour Drive and he displayed a photo of Mrs. Touhy's driveway that recently appeared in the Coastal Star showing the scope of the damage to the canopy. He said the canopy damage is serious and professionals must come up with a design to close the hole. Mr. O'Boyle said he spoke to Tom Laudani this morning who is the Developer of the property, and he asked him to please work with the neighbors to rectify the situation. He said Mr. Laudani was angry and stated that he did nothing wrong, he did nothing to affect the canopy and he and his partners are ready to litigate. Mr. O'Boyle said loosing the canopy will devalue their property and he pointed out that, during the approval process, the developer agreed to protect and maintain the canopy over Hidden Harbour Drive and the neighbors relied on that statement. He said the neighbors do not want to take legal action, but he believes they are entitled to legal counsel, landscape architects and maybe a certified arborist to help them put the canopy back and he would like the Commissioners to look into this and help them. Mr. O'Boyle said he read the Interlocal Agreement between the Town and Delray Beach and it does not give Delray the right to approve removal of our trees. Tom Murphy, Esq. was present on behalf of the residents and neighbors of Hidden Harbour. He distributed a binder of information to the Commission. Mr. Murphy said when the proposal for the subdivision was presented last Spring, the ARPB was sensitive to the concerns of the residents with regard to the preservation of the canopy and they asked the Developer to meet with residents and neighbors. He said the Developer had a capable and powerful team of attorneys, an architect, a landscape architect and an engineer giving testimony on his behalf, and he said the Developer and his team did meet with residents and neighbors and developed an agreement. Mr. Murphy briefly summarized the information he distributed pointing out that, during original testimony of the Developer and his team, it was presented that a buffer zone and a meandering site wall would be designed for the preservation of the historic canopy. He said their representation that the canopy would not Regular Meeting and Public Hearing Town Commission - May 11, 2012 Page 10 be altered was absolute and if the Commission relied on that, they have the right to force the Developer to rectify this situation. Commissioner Daring asked if there is proof that the tree was outside of the buffer. Robert Glynn of Delray Garden Center stated that the trunk was 50/50 outside the buffer and Commissioner Devitt said he drove by the site, the trunk was there and it was outside of the buffer, but its removal affected the canopy. Mr. Randolph said whether or not the tree was outside of the buffer, it was made clear that the canopy was not to be disturbed. He said the canopy preservation was part of the Developer's Agreement between the Developer and residents, it was not part of the Subdivision Agreement between the Developer and the Town. However, he said the 15' buffer and preservation of the canopy was a concern and specifically addressed, and he said the Town has the right to red tag the project until the Developer complies. Commissioner Dering asked what the Town can legally do to assist the residents. Mr. Randolph said if the residents believe there is a violation, they ask the Developer to abide by their agreement and the Developer challenges, the Town will stand ready to testify. Commissioner Dering asked Mr. Randolph if he would look into what the Town can do to assist the resident and Mr. Randolph agreed to do so. C. Architectural Review & Planning Board 1. Meeting Dates a. May 24, 2012 @ 8:30 A.M. b. June 28, 2012 @ 8:30 A.M. c. July 26, 2012 @ 8:30 A.M. d. No August Meeting. e. September 27, 2012 at 8:30 A.M. 2. Zoning /Development Code Amendment Recommendations Marty Minor said the ARPB has reviewed multiple provisions of the Zoning Code and have made their recommendations to the Commission. With regard to entry features, he said the Code previously allowed two interpretations which have been clarified to eliminate confusion. With regard to basements, Mr. Minor said they are not included in the FAR in current Code, but he said they are usable space. The ARPB recommends that if a basement can be accessed from the outside of the structure the square footage would count 100% of the FAR and, if not, it would count 75 %. Mr. Randolph said the Commission will not be able to act on this matter �. today. He asked if they needed more time to review the recommendations and, if so, he suggested scheduling a special meeting for the purpose of discussing and acting on Code Amendment recommendations. Vice -Mayor Orthwein asked about slurry- coated roof tiles and if the ARPB recommends a definite no. Mr. Minor confirmed that. Vice -Mayor Orthwein moved and Commissioner Dering seconded to schedule a special meeting for the purpose of reviewing and acting on Zoning Code Amendments. Clerk Taylor suggested they hold a special meeting as soon as possible and prior to the June 8th Commission Meeting. She said consideration of the Code Amendments ties in with the Comp Plan Amendments, the Ads are set and everything should be complete by the July Meeting. The consensus of the Regular Meeting and Public Hearing Town Commission - May 11, 2012 Page 11 Commissioners was to hold a special meeting on Tuesday, May 22, 2012 at 9:00 a.m. There was no further discussion. All voted AYE. D. Finance Director 1. Cash & Budget Report for April 2012 Mr. Thrasher asked that the Cash & Budget Report for April, 2012 be approved as submitted. Vice -Mayor Orthwein moved and Commissioner O Devitt seconded to approve the Cash & Budget Report for April, 2012. There was no discussion. All voted AYE. Commissioner Dering requested a budget report on the Undergrounding Project. Mr. Thrasher said he would provide that. E. Police Chief 1. Activity for April 2012 Chief Ward requested that the Activity Report for April, 2012 be accepted as submitted. The report was accepted. X. Items for Commission Action. A. Items by Mayor & Commissioners There were no items by the Mayor or the Commissioners. XI. Public. Margo Stahl of Gulf Stream Shores mentioned the issue of unleashed dogs on Gulf Stream's beaches and the dangers and damage they pose to our protected wildlife. She said the dogs are defecating everywhere and owners do not pick up, they disturb, chase and kill ducks, dig at turtle nests, and they are problematic to the birds. Mrs. Stahl said the Gulf Stream Police Department has been very helpful, but too many people are violating and it is difficult to keep up. She said there many issues degrading the dune area, including swimming pools draining into the ocean. Mrs. Stahl said there are laws and signage is insufficient and she asked the Town for their support in protecting their resources. Commissioner Dering agreed and said County ordinances prohibit dogs on beaches which the Town should enforce. Chief Ward said the Town's current ordinances allow dogs on the beach if they are leashed, but the County and Delray do not allow dogs on beaches. He said the Town can enhance their ordinance to prohibit dogs on the beach or adopt the County's ordinance and the Town will have the authority to enforce. XII. Adjournment. Vice -Mayor Orthwein moved and Commissioner Devitt s onde¢rto adjourn. e meeting was adjourned at 10:55 A.M. Gail C. Abbale Administrative Assistant 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, May 24, 2012 at 8:30 A.M., and the Town Commission will hold a Public Hearing on Friday, June 8, 2012 at 9:00 A.M., 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 James F. & Pamela Landquist, owners of property located at 800 Tangerine Way, legally described as Lot 16, Place Au Soleil, Gulf Stream, Florida, for the following: SPECIAL EXCEPTION to permit a 155 sq. ft. garage addition to the existing 396 sq. ft. garage that encroaches 7.8 ft. into the required 20 ft. rear setback. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit a 155 sq. ft. garage addition to the existing Gulf Stream Bermuda style single family dwelling. 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: April 24, 2012 TOWN OF GULF STREAM, FLORIDA Rita L. Taylor, own Clerk