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HomeMy Public PortalAbout07/13/2012MAYOR: Joan K. Orthwein July 6, 2012 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, July 13, 2012 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 6 -8 -12. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Tribute to Mayor William F. Koch, Jr.- Attorney Randolph A. Letter from City of Boynton Beach B. Letter from Town of Lake Park C. Letter from Palm Beach County Municipal League VII. Appointments. A. Town Commissioner 1. Letters of Interest a. Letters of Support B. Mayor C. Vice Mayor VIII. Announcements. A. Regular Meetings and Public Hearings 1. August 10, 2012 @ 9 A.M. 2. September 14, 2012 @ 9 A.M. 3. October 12, 2012 @ 9 A.M. 4. November 9, 2012 @ 9 A.M. 5. December 14, 2012 @ 9 A.M. IX. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Roy Simon as agent for Mr. & Mrs. Paul Lyons, Jr., owners of property located at 2945 Polo Drive, legally described as Lot 12, Gulf Stream Properties Subdivision, Gulf Stream, Florida. a. VARIANCE to permit the replacement of an existing semi- circular flat roof over the dining area with a roof of a complex geometrical configuration consisting of 5 sections. b. SPECIAL EXCEPTION to permit the extension of the existing north wall of a single family dwelling that encroaches 2.5 feet into the north side setback for a bedroom addition of 272 square feet. C. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the addition of a bedroom and an enlargement of the dining area which includes a roof of complex geometrical configuration, a total of 323.9 square feet, to the existing Gulf Stream Bermuda style, 1- story single family dwelling. 2. An application submitted by Roy M. Simon, Architect as agent for Mr. & Mrs. Peter A. Lyons owners of property located at 3550 Gulf Stream Road, Gulf Stream, Florida 33483, legally described as Lot 2, Block 2, Plat No. 1 Polo Fields, Gulf Stream, Florida, for the following: a. SPECIAL EXCEPTION to permit the extension of the existing north wall of a single family dwelling that encroaches 2.5 feet into the north side setback for a bathroom addition of 277 square feet. AGENDA CONTINUED b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the addition of a bathroom and reconstruction of the front entry porch that includes a Dutch gable, a total addition of 488.7 square feet to existing Colonial West Indies style 1 -story single family dwelling; the removal of existing pool and construction of a new pool; and the removal of the 0; circular driveway to accommodate a front lawn enclosed with a 4' high fence. The driveway into the garage will be Chicago brick and a back -out space will be included. X. Reports. A. Utility Undergrounding Update -Danny Brannon (engineer) B. Town Manager C. Architectural Review & Planning Board 1. Meeting Dates a. July 26, 2012 @ 8:30 A.M. b. No meeting in August c. September 27, 2012 @ 8:30 A.M. d. October 25, 2012 @ 8:30 A.M. e. November to be determined f. December 27, 2012 @ 8:30 A.M. D. Finance Director 1. Cash & Budget Report FOR June 2012 2. Revenue /Expense Report for June 2012 E. Police Chief 1. Activity for June 2012 XI. Items for Commission Action. A. Ordinances - Second Reading & Adoption 1. 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 OR LESS, IN SIZE AS "ME (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 COMPREHENSIVE 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. 2. No. 12/2; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING THE TOWN'S ZONING MAP TO REZONE 12 PARCELS OF REAL PROPERTY COMPRISING APPROXIMATELY 16.6 ACRES, MORE OR LESS, IN SIZE; SUCH REAL PROPERTY BEING LOCATED GENERALLY EAST AND WEST OF STATE ROAD AlA, SOUTH OF LITTLE CLUB ROAD AND NORTH OF SEA ROAD AS IDENTIFIED ON ATTACHED EXHIBIT "A "; FROM THE PALM BEACH COUNTY DESIGNATION OF RM- MULTIPLE- FAMILY RESIDENTIAL (MEDIUM DENSITY) TO THE TOWN OF GULF STREAM ZONING DESIGNATION OF "RM" (MULTIPLE FAMILY RESIDENTIAL DISTRICT); PROVIDING THAT THE TOWN ZONING DISTRICT MAP BE REVISED ACCORDINGLY; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREOF; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. 3. No. 12/3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF SSTREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN'S CODE OF ORDINANCES, AT SECTION 71 -1, TO INCLUDE NEWLY - ANNEXED PROPERTIES UNDER THE RM -EAST AND RM -WEST ZONING DESIGNATIONS; AMENDING, AT SECTION 66- 131, THE NON - CONFORMING USE REGULATIONS TO ADDRESS STRUCTURES WITH A NON - CONFORMING DENSITY; ADDING SECTION 71- 8,ADDITIONS AND REHABILITATIONS, TO INCLUDE REFERENCE TO STANDARDS FOR ADDDITIONS AND REHABILITATION OF MULTI- FAMILY BUILDINGS; PROVIDING AGENDA CONTINUED FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. 4. No. 12/4; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN'S CODE OF ORDINANCES, TO CREATE SECTION 62 -10, TO PROVIDE FOR REVIEW CRITERIA FOR THE CREATION OF SUBDIVISIONS IN THE TOWN, AT SECTION 66 -1, DEFINITIONS, TO MODIFY THE DEFINITION OF BASEMENT, AT SECTION 70 -27, DISTRICT DESCRIPTIONS, TO INCLUDE ADDITIONAL CRITERIA FOR DISTRICT ELEMENTS, AT SECTION 70 -70, FLOOR AREA CALCULATION, TO REVISE CALCULATIONS FOR BASEMENTS, AT SECTION 70 -100, ROOF AND EAVE HEIGHT, TO CLARIFY ENTRY FEATURE EAVE HEIGHTS, AT SECTION 70 -238, ROOFS, TO CLARIFY PERMITTED ROOF TILE STYLES, AT SECTION 70 -51, MINOR ACCESSORY STRUCTURES, TO ALLOW WATERFALLS, AT SECTION 66- 367 SWIMMING POOLS, TO RESTRICT WATERFALL HEIGHTS, AT SECTION 66 -369, DOCKS, TO CLARIFY PERMITTED BUILDING MATERIALS, AT SECTION 70 -71, FLOOR AREA RATIOS, TO ADD INCENTIVES FOR SECOND -STORY SETBACKS, AT SECTION 70 -73, SECOND FLOOR AREA, TO MODIFY REQUIREMENTS FOR SECOND STORIES FOR SINGLE FAMILY HOMES, AT SECEION 70 -187, TABLE OF DISTRICT STANDARDS, ROOFS, TO CLARIFY REVIEW PROCEDURES FOR REQUESTED METAL ROOFS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. B. Proposed Approval of JAG funds for FY2013- Criminal Justice Commission. C. Resolution 12 -04; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, STRONGLY SUPPORTING THE COUNTY'S CONTINUED ALLOCATION OF THE $12.50 FUNDS TO THE MUNICIPALITIES PURSUANT TO COUNTY RESOLUTION NO. R- 2002 -0192, WHICH SERVES TO ENHANCE THE COUNTY'S INTERGOVERNMENTAL COMMUNICATIONS PLAN; AND STRONGLY SUPPORTING THE COUNTY'S DISBURSEMENT OF THE $12.50 FUNDS TO COVER EXPENSES FOR ALL MUNICIPALITIES THAT HAVE RADIO SYSTEMS THAT ARE FUNCTIONALLY INTEROPERABLE WITH THE COUNTY'S RADIO SYSTEM WITHOUT ARBITRARY DISTINCTIONS BEING MADE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. D. Request support of AlA Future Plan-Mr. Ganger, F1. Coalition E. Items by Mayor & Commissioners F. Presentation of Proposed Budget for Fiscal Year 2012 -2013 1. Budget Consideration 2. 2011 -2012 Millage Rate 3. Proposed Millage for Fiscal Year 2012 -2013 4. Certification of Rolled Back Millage Rate 5. Date of First Public Hearing- Tentative Budget Adoption 6. Date of Second Public Hearing -Final Budget Adoption XII. Public. XIII. 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 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, July 13, 2012 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Vice -Mayor Orthwein called the meeting to order at 9:00 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by Vice - Mayor Orthwein. III. Roll Call. Present and Joan K. Orthwein Mayor Participating Muriel J. Anderson Commissioner Fred B. Devitt, III Commissioner W. Garrett Dering Commissioner Also Present and William H. Thrasher Town Manager Participating Rita L. Taylor Town Clerk John Randolph Town Attorney Garrett J. Ward Police Chief Robert Ganger Candidate for vacant Commission Seat Tom Stanley Candidate for vacant Commission Seat Roy Simon of Roy Agent for Paul Simon Architect Lyons & Peter Lyons Danny Brannon, Brannon Underground Consult. & Gillespie IV. Minutes of the Regular Meeting of 6 -8 -12. Commissioner Anderson moved and Commissioner Dering seconded to approve the Minutes of the Regular Meeting of June 8, 2012. There was no discussion. All voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Commissioner Anderson said she had a recent discussion with former Ocean Ridge Mayor Kaleel regarding outsourcing the police department and requested that a discussion concerning the matter be added under Item XI.E. There were no other changes. VI. Tribute to Mavor William F. Koch. Jr.- Attornev Randolph U Mr. Randolph read a Tribute to Mayor Koch into the record, which will be filed in the Official Records of the Town of Gulf Stream. He said Mayor Koch was the Mayor of Gulf Stream for 46 years, the Town not only lost their Mayor, but they lost a good and dear friend. Mayor Koch served his Country, he sat on various boards and he accomplished so much for the community. Mr. Randolph said he met Mayor Koch 41 years ago when he attended his first Town Commission Meeting. He said Gulf Stream has been his favorite client for many reasons, but primarily because of Mayor Koch, and he said he will miss him. Mr. Randolph said Mayor Koch ran meetings with a firm, but gentle hand, and he would negotiate to obtain the best results, bringing harmony to the Community. Mayor Koch had respect for others and others respected him. He loved Gulf Stream Regular Meeting and Public Hearing Town Commission - July 13, 2012 Page 2 and devoted a lot of time and energy to make it a great place to live. Mr. Randolph said the Town will never be the same without him. Commissioner Dering suggested that Mr. Randolph's Tribute be placed in the Town Hall, distributed to residents and maybe printed in the local paper. Everyone agreed with Commissioner Dering saying it was a great idea. Mayor Koch's daughter, Claudia, and her husband, were present and, upon their departure from Chambers they thanked Mr. Randolph for his Tribute. A. Letter from City of Boynton Beach B. Letter from Town of Lake Park C. Letter from Palm Beach County Municipal League Clerk Taylor read the condolence letters from the City of Boynton Beach, the Town of Lake Park and the Palm Beach County Municipal League into the record. The letters will be filed in the Official Records of the Town of Gulf Stream. VII. Appointments. A. Town Commissioner Vice -Mayor Orthwein stated that there are two candidates for the vacant Commission Seat who have submitted letters of interest. 1. Letters of Interest Clerk Taylor read Letters of Interest from Robert Ganger and Tom Stanley into the record. The letters will be filed in the Official Records of the Town of Gulf Stream. a. Letters of Support Clerk Taylor said the Town has received 14 letters of support for both candidates, which have been distributed to the Commissioners. Vice - Mayor Orthwein suggested that the letters of support be filed in the Official Records of the Town of Gulf Stream. She offered each candidate an opportunity to address the Commission and the Public. Robert Ganger introduced himself. Mr. Ganger said this is a tough decision and he hopes the Commissioners will view both candidates as capable. He said the Commission must consider inevitable changes to come as a result of the loss of Mayor Koch. Mr. Ganger said he did not choose to devote so much time to community affairs, but he said the Mayor asked him to take over the Civic Association at one point and then he asked him to join Tom Evans in the Briny Breezes affair, which was the genesis for the Florida Coalition for Preservation. He said he has �) responded to the needs of the Community and he believes he can make a �J difference. Tom Stanley introduced himself. Mr. Stanley said Mayor Koch was a great man and this is a very important decision for the Commissioners. He said he was not planning to seek this appointment; however, he said he was approached by several of the younger residents who believe he would be effective in addressing some of their issues and needs and they asked him to pursue the vacant seat. Mr. Stanley said Mr. Ganger, whom he knows quite well, has spent thousands of hours helping the Town with issues over the past 10 years. He said there will be a lot of changes Regular Meeting and Public Hearing Town Commission - July 13, 2012 Page 3 and upcoming issues and believes the Commissioners will make the best decision for Gulf Stream. Vice -Mayor Orthwein thanked both candidates for their commitment to Gulf Stream. She said young people are purchasing homes in Gulf Stream and putting a lot of time and money into them. There are now 50 children living in Gulf Stream and their parents want representation on the O Commission. Vice -Mayor Orthwein said all of our contracts are with the City of Delray Beach and Mr. Stanley has ties to Delray. She also thanked Mr. Ganger for his service on the ARPB. Vice -Mayor Orthwein said the letters will be reviewed by the Commissioners and an appointment will be made. Commissioner Devitt commented that each candidate is unique and has a lot to offer, and he said both candidates will have a seat on the Commission at some point. Commissioner Devitt stated that he is endorsing Robert Ganger to fill the vacant seat at this time. Commissioner Anderson commented that both candidates are well - qualified; however, she said many letters have been received from younger residents who want more representation concerning their issues, which is where the Commission is lacking. Commissioner Anderson stated that she is endorsing Tom Stanley. Commissioner Dering asked Mr. Ganger if he will be required to resign from the ARPB, the Civic Association and the Coalition if he were appointed to the Commission. Mr. Ganger said he would resign from the ARPB immediately, and he said he would also resign as President of the Florida Coalition for Preservation, but remain active as a volunteer only. Mr. Randolph said the only conflict would be if the Coalition were to present a project to the Commission wherein Mr. Ganger had any involvement and, at that time, Mr. Ganger would have to recuse. Mr. Ganger said he has already informed the Civic Association that he will not serve another term and, if appointed to the Commission, he will immediately resign as their President. Commissioner Dering asked Mr. Stanley if he had any potential conflict. Mr. Stanley said he would have to resign from the ARPB and possibly from the Delray Historic Preservation Board. Tom Murphy, a resident of Gulf Stream, introduced himself. He said Mayor Koch will be missed, but he said he is happy that qualified Jindividuals such as Mr. Stanley and Mr. Ganger have expressed interest in the Commission. He said Mr. Stanley will bring strength and vitality to the Commission, but he said Mr. Ganger has served on the Coalition and the Civic Association and he has worked closely with Town Staff for many years. Mr. Murphy said there will be future vacancies on the Commission for Mr. Stanley; however, he said it would be appropriate to appoint Mr. Ganger to the Commission at this time. Danny Brannon commented that it has been great working with Mr. Ganger on the Undergrounding Project, he is dedicated to the Town and its Regular Meeting and Public Hearing Town Commission - July 13, 2012 Page 4 residents and the Town would be well- served if he is appointed to the Commission at this time. Gulf Stream resident Scott Fogarty said he received a call from his parents who asked him to speak on behalf of Mr. Ganger. He said his parents believe that experience is critical and feel that Mr. Ganger will protect the interests of the younger residents of Gulf Stream. Mr. O Fogarty urged the Commission to give residents an opportunity to talk to the candidates and offer their comments before making this decision. Another resident said she heard of others who were interested in the Commission vacancy, they were not aware of the process, and she asked how the vacancy was noticed. Vice -Mayor Orthwein said the Civic Association noticed residents via email. Commissioner Dering suggested that a more formal process be put in place where all voting residents are notified of vacancies in the future. Vice -Mayor Orthwein added that notices to residents should come from the Town rather than the Civic Association. Mr. Randolph stated that there is one nomination on the floor, and he said a Commissioner or a member of the public can nominate another candidate, or the Commission can consider deferring to a subsequent meeting following notice to the Community. Commissioner Dering said he will place Mr. Ganger's name in nomination. Vice -Mayor Orthwein said her feeling is that the Community should have been formally notified of the opening by letter. She recommended deferring the appointment to the August 10th Commission Meeting and requested that Staff notify residents of the vacant Commission Seat, which will allow them the opportunity to comment. Commissioner Dering expressed concern with deferring to August 10th and presented a hypothetical situation of the possibility of two additional resignations in the next month. Mr. Randolph said the Town could hold an election or the two remaining Commissioners could appoint a third. Clerk Taylor said the Town would not make the ballot deadline for the General Election. Mr. Randolph said if there is a tie vote today, there is no action and it will be automatically deferred. He said the appropriate action would be to make a motion to defer and if there is a second and three Commissioners vote in favor of deferral, it will be deferred. Mr. Randolph suggested voting on either candidate only if there is a tie vote for deferral. _ Commissioner Anderson moved to defer the appointment to the August 10, 2012 Commission Meeting and to have Staff notify the residents of the vacant Commission Seat. For the lack of a second, Vice -Mayor Orthwein passed the gavel to Commissioner Devitt and seconded the motion. There was no discussion. Roll Call: Vice -Mayor Orthwein, AYE; Commissioner Anderson, AYE; Commissioner Dering, AYE; Commissioner Devitt, NO. The motion passed 3 - 1. Clerk Taylor said Staff will notify all residents of the vacant Commission Seat by letter and that consideration of candidates is deferred to the August 10th Commission Meeting at 9:00 A.M. B. Mayor - Commissioner Anderson appointed Vice -Mayor Orthwein as Mayor. Commissioner Devitt seconded the appointment. There were no other appointments. Roll Call: Commissioner Regular Meeting and Public Hearing Town Commission - July 13, 2012 Page 5 Devitt, AYE; Commissioner Anderson, AYE; Commissioner Dering, AYE. Joan K. Orthwein accepted the appointment as Mayor. C. Vice -Mayor - Commissioner Anderson appointed Commissioner Devitt as Vice - Mayor. Commissioner Dering seconded the appointment. There were no other appointments. Roll Call: Commissioner Anderson, AYE; Commissioner Dering, AYE; Mayor Orthwein, AYE. Fred B. Devitt accepted the appointment as Vice - Mayor. VIII. Announcements. A. Regular Meetings and Public Hearings 1. August 10, 2012 @ 9 A.M. 2. September 14, 2012 @ 9 A.M. 3. October 12, 2012 @ 9 A.M. 4. November 9, 2012 @ 9 A.M. 5. December 14, 2012 @ 9 A.M. The Meeting Scheduled was noted. There were no conflicts. IX. PUBLIC HEARING. A. Applications for Development Approval Clerk Taylor asked if there were ex -parte communications concerning either application. There were none. 1. An application submitted by Roy Simon as agent for Mr. & Mrs. Paul Lyons, Jr., owners of property located at 2945 Polo Drive, legally described as Lot 12, Gulf Stream Properties Subdivision, Gulf Stream, Florida. a. VARIANCE to permit the replacement of an existing semi - circular flat roof over the dining area with a roof of a complex geometrical configuration consisting of 5 sections. b. SPECIAL EXCEPTION to permit the extension of the existing north wall of a single family dwelling that encroaches 2.5 feet into the north side setback for a bedroom addition of 272 square feet. c.LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the addition of a bedroom and an enlargement of the dining area which includes a roof of complex geometrical configuration, a total of 323.9 square feet, to the existing Gulf Stream Bermuda style, 1- story single family dwelling. Roy Simon introduced himself and said he represents Mr. and Mrs. Paul Lyons. He said the existing structure has a semi - circular alcove, which is the current dining area, and he said the Applicant would like to enlarge the dining area and add a guest room. Mr. Simon said there is a flat roof over the semi - circular area which provides a panoramic view of the rear yard and they want to maintain that view. He explained that in an attempt to keep with the existing roof plane and drainage, the result is a complex geometrical roof configuration. In addition, the Applicant would like to extend the north wall to maintain the roof line. Vice -Mayor Devitt asked if the request for a variance is due to the roof configuration, and he asked if the roof configuration will be visible Regular Meeting and Public Hearing Town Commission - July 13, 2012 Page 6 from the front or either side of the property. Mr. Simon said the request for a variance is due to the roof configuration, but he said it is only visible from the rear of the property. Vice -Mayor Devitt moved and Commissioner Anderson seconded to approve a Variance based on the finding that the replacement of an existing semi- circular flat roof over the dining area with a roof of a complex G geometrical configuration consisting of 5 sections meets the minimum intent of the Design Manual and applicable review standards. There was no discussion. All voted AYE. Vice -Mayor Devitt moved and Commissioner Anderson seconded to approve a Special Exception of the extension of the existing north wall of a single family dwelling that encroaches 2.5 feet into the north side setback for a bedroom addition of 272 SF. There was no discussion. All voted AYE. Vice -Mayor Devitt moved and Commissioner Anderson seconded to approve Level III Architectural /Site Plan based on the finding that the proposed addition of a bedroom and an enlargement of the dining area, which includes a roof of complex geometrical configuration, a total of 324 SF, to the existing Gulf Stream Bermuda style, 1 -story single family dwelling meet the minimum intent of the Design Manual and applicable review standards. There was no discussion. All voted AYE. 2. An application submitted by Roy M. Simon, Architect as agent for Mr. & Mrs. Peter A. Lyons owners of property located at 3550 Gulf Stream Road, Gulf Stream, Florida 33483, legally described as Lot 2, Block 2, Plat No. 1 Polo Fields, Gulf Stream, Florida, for the following: a. SPECIAL EXCEPTION to permit the extension of the existing north wall of a single family dwelling that encroaches 2.5 feet into the north side setback for a bathroom addition of 277 square feet. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the addition of a bathroom and reconstruction of the front entry porch that includes a Dutch gable, a total addition of 488.7 square feet to existing Colonial West Indies style 1 -story single family dwelling; the removal of existing pool and construction of a new pool; and the removal of the circular driveway to accommodate a front lawn enclosed with a 4' high fence. The driveway into the garage will be Chicago brick and a back -out space i- will be included. Mr. Simon stated that he represents Mr. and Mrs. Peter Lyons. It was the consensus of the Commissioners that a presentation would not be necessary. Commissioner Anderson moved and Vice -Mayor Devitt seconded to approve a Special Exception to permit the extension of the existing north wall of a single family dwelling that encroaches 2.5 feet into the north side setback for a bathroom addition of 277 SF. There was no discussion. All voted AYE. Commissioner Anderson moved and Vice -Mayor Devitt seconded to approve Level III Architectural /Site Plan based on the finding that: The proposed addition of a bathroom and reconstruction of the front entry porch that includes a Dutch gable, a total addition of 489 SF, to existing Colonial West indies style 1 -story Regular Meeting and Public Hearing Town Commission - July 13, 2012 Page 7 single family dwelling; the removal of existing pool and construction of a new pool; the removal of the circular driveway to accommodate a front lawn enclosed with a 4' high fence; modifications to the driveway into the garage that includes Chicago brick and a back -out space, meet the minimum intent of the Design Manual and applicable review standards, with the condition that a driveway permit and maintenance & removal Agreement are executed. There was no discussion. All voted AYE. X. Reports. A. Utility Undergrounding Update -Danny Brannon (engineer) Danny Brannon of Brannon & Gillespie, introduced himself. He said his firm met with FP &L, FP &L reviewed the proposed route and they are now completing their design work. In addition, FP &L will start the layout for the design of the north end. Mr. Brannon said Mayor Koch expressed the desire to move on street lighting at the last meeting. He said the Town must decide whether they want to design their own lighting or choose from FP &Ls standard or decorative fixtures, and they must also decide whether or not they would like to own the lights. Mr. Brannon said FP &L was slow to get started and AT &T may be slow as a result of their focus on the wireless business. Mayor Orthwein asked Mr. Brannon for a estimate of the construction start date. Mr. Brannon said there was a delay in completing the design work, but he said when the engineering is done they will go out for bid. Mayor Orthwein asked Mr. Brannon if he anticipates problems in the bid process. Mr. Brannon said that prices are still in line and bidders from all over will respond due to the need for work. Mr. Thrasher asked Mr. Brannon about coordinating construction with financing. Mr. Brannon said the Town has sufficient funds in the bank to get started and he did not recommend securing a loan at this point. He said the Town should talk with Bond Counsel when the design layout for the two phases accelerates. Tom Hill, Manager of Ballentrae Condominiums, said they have experienced problems with Comcast in the past over ownership of the cables and he asked who will own the Comcast cables. Mr. Brannon said it is a no win situation trying to own the cables, it will be Comcast and AT &T cables to the building and the equipment will interconnect. Commissioner Dering asked about the lines if the Town decides not to deal with Comcast ten years from now. Mr. Brannon said it would be expensive to change service ten years from now, but he said providers will be very competitive and will upgrade their equipment to remain competitive. Vice -Mayor Devitt asked if the Town will own the conduit and Mr. Brannon said they will not, and he said it is very expensive to install piping to run conduit if you want to own it. Vice -Mayor Devitt asked about Franchise Agreements. Mr. Brannon said there is no benefit to Franchise Agreements. B. Town Manager The Town Manager had no report. C. Architectural Review & Planning Board 1. Meeting Dates a. July 26, 2012 @ 8:30 A.M. Regular Meeting and Public Hearing Town Commission - July 13, 2012 Page 8 b. No meeting in August c. September 27, 2012 @ 8:30 A.M. d. October 25, 2012 @ 8:30 A.M. e. November to be determined f. December 27, 2012 @ 8:30 A.M. The meetings were noted. D. Finance Director O 1. Cash & Budget Report FOR June 2012 2. Revenue /Expense Report for June 2012 Mr. Thrasher requested approval of the Cash & Budget Report and the Revenue /Expense Report for June 2012 as submitted. Commissioner Anderson asked about the $54,000 collected for Contributions and Donations. Mr. Thrasher said it was from the Place Au Soleil Entrance Project. Commissioner Dering noted the $22,000 in uncollected property taxes and asked Mr. Thrasher if we will receive that amount. Mr. Thrasher said we are not guaranteed that amount, historically we get very close, but he said we never go over that amount. He said there is a play between when residents pay taxes and the discounts and then also when they do not pay and the interest. Mr. Thrasher said it is typical to have that much owed nine months out, and he said he anticipates collecting most of it. Commissioner Dering asked Mr. Thrasher if he will ever provide a balance sheet and Mr. Thrasher said he provided the suggested format in the Cash & Budget Report. He said he will do what is requested and he is still working on it, but he said the answer he would like to give is "no." Commissioner Dering said this report is not exactly what he asked for, the budget is a full -year budget with no comparison and the numbers are not in the format he suggested. He said without a balance sheet it does not make sense to him, but he said he will stop requesting it if Staff will not provide it. Vice -Mayor Devitt moved and Commissioner Anderson seconded to approve the Cash & Budget Report and Revenue /Expense Report for June 2012 as submitted. There was no discussion. Roll Call: Vice -Mayor Devitt, AYE; Commissioner Anderson, AYE; Commissioner Dering, NO; Mayor Orthwein, AYE. The motion passed by a vote of 3 - 1. Mayor Orthwein said it seems Staff is doing the Budget Report one way and Commissioner Dering would like it done differently, and she said a decision needs to be made as to how the Budget Report will be presented. Commissioner Dering said this should not be difficult. He said he wants it done in a way that makes sense to anyone who knows how to read a Ufinancial statement. Commissioner Dering said we have $4 million in the bank right now, we are running a $3 million budget and we should not kid ourselves thinking we are small business. E. Police Chief 1. Activity for June 2012 Chief Ward requested that the Activity Report for June 2012 be accepted as submitted. The Commissioners accepted the Report. XI. Items for Commission Action. A. Ordinances- Second Reading & Adoption Regular Meeting and Public Hearing Town Commission - July 13, 2012 Page 9 1. 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 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 O COMPREHENSIVE 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. Clerk Taylor read the title of Ordinance No. 12/1, passed on 1st reading on January 13, 2012 and presented for adoption this 13th day of July, 2012. Commissioner Dering moved and Commissioner Anderson seconded to adopt Ordinance No. 12/1. There was no discussion. Roll Call: Vice - Mayor Devitt, AYE; Commissioner Anderson, AYE; Commissioner Dering, AYE; Mayor Orthwein, AYE. The motion passed by a vote of 9 -0. 2. No. 12/2; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING THE TOWN'S ZONING MAP TO REZONE 12 PARCELS OF REAL PROPERTY COMPRISING APPROXIMATELY 16.6 ACRES, MORE OR LESS, IN SIZE; SUCH REAL PROPERTY BEING LOCATED GENERALLY EAST AND WEST OF STATE ROAD AlA, SOUTH OF LITTLE CLUB ROAD AND NORTH OF SEA ROAD AS IDENTIFIED ON ATTACHED EXHIBIT "A "; FROM THE PALM BEACH COUNTY DESIGNATION OF RM- MULTIPLE- FAMILY RESIDENTIAL (MEDIUM DENSITY) TO THE TOWN OF GULF STREAM ZONING DESIGNATION OF "RM" (MULTIPLE FAMILY RESIDENTIAL DISTRICT); PROVIDING THAT THE TOWN ZONING DISTRICT MAP BE REVISED ACCORDINGLY; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREOF; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. Clerk Taylor read the title of Ordinance No. 12/2, passed on l't reading on June 8, 2012 and presented for adoption this 13th day of July 2012. Commissioner Dering moved and Commissioner Anderson seconded to adopt Ordinance No. 12/2. There was no discussion. Roll Call: Vice -Mayor Devitt, AYE; Commissioner Anderson, AYE; Commissioner Dering, AYE; Mayor Orthwein, AYE. The motion passed by a vote of 9 -0. ^ 3. No. 12/3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN J OF GULF SSTREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN'S CODE OF ORDINANCES, AT SECTION 71 -1, TO INCLUDE NEWLY - ANNEXED PROPERTIES UNDER THE RM -EAST AND RM -WEST ZONING DESIGNATIONS; AMENDING, AT SECTION 66- 131, THE NON - CONFORMING USE REGULATIONS TO ADDRESS STRUCTURES WITH A NON - CONFORMING DENSITY; ADDING SECTION 71- 8,ADDITIONS AND REHABILITATIONS, TO INCLUDE REFERENCE TO STANDARDS FOR ADDDITIONS AND REHABILITATION OF MULTI - FAMILY BUILDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES Regular Meeting and Public Hearing Town Commission - July 13, 2012 Page 10 IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Clerk Taylor read the title of Ordinance No. 12/3, passed on l't reading on June 8, 2012 and presented for adoption this 13th day of July 2012. Commissioner Daring moved and Commissioner Anderson seconded to adopt Ordinance No. 12/3. There was no discussion. Roll Call: Vice -Mayor Devitt, AYE; Commissioner Anderson, AYE; Commissioner Dering, AYE; Mayor Orthwein, AYE. The motion passed by a vote of 4 -0. 0 4. No. 12/4; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN'S CODE OF ORDINANCES, TO CREATE SECTION 62 -10, TO PROVIDE FOR REVIEW CRITERIA FOR THE CREATION OF SUBDIVISIONS IN THE TOWN, AT SECTION 66 -1, DEFINITIONS, TO MODIFY THE DEFINITION OF BASEMENT, AT SECTION 70 -27, DISTRICT DESCRIPTIONS, TO INCLUDE ADDITIONAL CRITERIA FOR DISTRICT ELEMENTS, AT SECTION 70 -70, FLOOR AREA CALCULATION, TO REVISE CALCULATIONS FOR BASEMENTS, AT SECTION 70 -100, ROOF AND EAVE HEIGHT, TO CLARIFY ENTRY FEATURE EAVE HEIGHTS, AT SECTION 70 -238, ROOFS, TO CLARIFY PERMITTED ROOF TILE STYLES, AT SECTION 70 -51, MINOR ACCESSORY STRUCTURES, TO ALLOW WATERFALLS, AT SECTION 66- 367 SWIMMING POOLS, TO RESTRICT WATERFALL HEIGHTS, AT SECTION 66 -369, DOCKS, TO CLARIFY PERMITTED BUILDING MATERIALS, AT SECTION 70 -71, FLOOR AREA RATIOS, TO ADD INCENTIVES FOR SECOND -STORY SETBACKS, AT SECTION 70 -73, SECOND FLOOR AREA, TO MODIFY REQUIREMENTS FOR SECOND STORIES FOR SINGLE FAMILY HOMES, AT SECEION 70 -187, TABLE OF DISTRICT STANDARDS, ROOFS, TO CLARIFY REVIEW PROCEDURES FOR REQUESTED METAL ROOFS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Clerk Taylor read the title of Ordinance No. 12/4, passed on 1st reading on June 8, 2012 and presented for adoption this 13th day of July 2012. Commissioner Anderson moved and Commissioner Daring seconded to adopt Ordinance No. 12/4. There was no discussion. Roll Call: Vice -Mayor Devitt, AYE; Commissioner Anderson, AYE; Commissioner Dering, AYE; Mayor Orthwein, AYE. The motion passed by a vote of 4 -0. B. Proposed Approval of JAG funds for FY2013- Criminal Justice Commission. Commissioner Anderson moved and Vice -Mayor Devitt seconded to approve JAG funds for FY2013- Criminal Justice Commission. There was no discussion. Roll Call: Vice -Mayor Devitt, AYE; Commissioner Anderson, AYE; Commissioner Dering, AYE; Mayor Orthwein, AYE. The motion passed by a vote of 4 -0. All voted AYE. C. Resolution 12 -04; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, STRONGLY SUPPORTING THE COUNTY'S CONTINUED ALLOCATION OF THE $12.50 FUNDS TO THE MUNICIPALITIES PURSUANT TO COUNTY RESOLUTION NO. R- 2002 -0192, WHICH SERVES TO ENHANCE THE COUNTY'S INTERGOVERNMENTAL COMMUNICATIONS PLAN; AND STRONGLY SUPPORTING THE COUNTY'S DISBURSEMENT OF THE $12.50 FUNDS TO COVER EXPENSES FOR ALL MUNICIPALITIES THAT HAVE RADIO SYSTEMS THAT ARE FUNCTIONALLY Regular Meeting and Public Hearing Town Commission - July 13, 2012 Page 11 INTEROPERABLE WITH THE COUNTY'S RADIO SYSTEM WITHOUT ARBITRARY DISTINCTIONS BEING MADE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Town Attorney John Randolph read the title of Resolution No. 12 -4. Commissioner Anderson moved and Vice -Mayor Devitt seconded to approve Resolution No. 12 -4. There was no discussion. Roll Call: Vice -Mayor Devitt, AYE; Commissioner Anderson, AYE; Commissioner Dering, AYE; Mayor O Orthwein, AYE. The motion passed by a vote of 4 -0. All voted AYE. D. Request Support of AlA Future Plan -Mr. Ganger, F1. Coalition Robert Ganger said he indicated at the last Commission Meeting that the Coalition was working on the AlA Future Plan, and he said there was a lot of information concerning the matter in the newspapers. He said the Coalition is looking for ways to preserve the unique character of the individual communities on the Barrier Island and for opportunities to work together for the common good. Mr. Ganger said tax money from the Barrier Island goes to the mainland to pay for services they do not get, and he said the Coalition believes if municipalities on the Barrier Island work together they will get more for their money. Mr. Ganger said senior representatives, elected officials and former elected officials of local municipalities are working together in this citizen -based initiative, there have been four meetings, and the goal is to put issues such as water, beach erosion, the environment and many other issues in a logical order and to explore new opportunities to best serve the common needs of the Barrier Island communities. Mr. Ganger mentioned that Boynton Beach, Ocean Ridge and Manalapan are exploring a merger of their local police force with the Sheriff. He said policing is a common need and there are about 55 sworn officers in total that serve on the Island between Gulf Stream and Manalapan. These communities already pay about $5 million in total to the Sheriff from a portion of their property taxes, whether they use the Sheriff's services or not. Mr. Ganger said the Coalition and the AIA Future Plan Group have had conversations with former Ocean Ridge Mayor Ken Kaleel and have attended several Commission Meetings, and the feeling is that Barrier Island police services should be left as is and maybe tweaked a bit to become more efficient to save money. However, he said the City of Boynton Beach has other issues and they may benefit from merging with the Sheriff. Mr. Ganger said the next step for the task force will be to go to each municipality's Commission for their support, ask them to assign an elected official or a staff person to join the task force and then use the task force as a resource to address their needs. He said police and other safety services, such as fire and EMS, are very expensive, and it can be very expensive to do your own dispatching. Mr. Ganger said members of task force raised the question of somehow linking community safety and security services, such as police, fire and EMS, to one local dispatcher. In closing, Mr. Ganger said this is about long -term planning, there are many issues and each municipality is different. He said the Coalition wants to be a resource to get information out to the municipalities and he has asked each of them for their support. He asked the Town Regular Meeting and Public Hearing Town Commission - July 13, 2012 Page 12 Commission to support the task force by assigning a Commissioner or the Town Manager to take part in the discussions and to be in a position to take action. Mr. Ganger also asked the Commission to earmark about $10,000 in this year's budget for a potential consultant study. He said he has asked the other Commissions to set funds aside and they have all agreed in principle. O Mr. Thrasher said he respectfully requests that the Commission does not ask him to participate in discussions with the Sheriff's Office or any discussions concerning outside policing. He said policing is a strong characteristic aspect of the quality of life in our community and the effectiveness of our Police Department excels. Mr. Thrasher said the communities we are discussing are where they are financially due to previous decisions. Gulf Stream is unique in that we do not have a union or a defined benefit and, consequently, we do not have human costs associated with a defined benefit. He said these decisions have to do with a community's ability to control their destiny, this Commission made these decisions decades ago and issues have now surfaced which show that our Commissioners have made excellent decisions. Mr. Thrasher said there is an allocation in the Capital line item in this budget for a fire study, and he said he would prefer to participate in discussions concerning fire and EMS only. He recommended that the Town isolate themselves from any discussions concerning outside policing. Mr. Ganger said, although Gulf Stream is not interested in outside policing, it would be appropriate to participate in discussions if only to be aware of what other communities are considering. He said Gulf Stream wants to do what is best for their residents and it would be an opportunity to come up with new ideas without making commitments. Mayor Orthwein said the Town has had a good budget for many years and our Police Department is not out of control. Mr. Ganger said he is only suggesting that the Town should be aware of what is going on, and he said it is possible that, in the future, Gulf Stream would consider expanding their police services. Mr. Thrasher said we have the right to provide what we feel is the most adequate and best level of service to our residents, and he said we have to respect the fact that the other communities have the right to explore other options. He said participating in certain discussions could indicate that we are interested. Mr. Ganger said the task force is informal and they are only exploring other options to provide new ideas for now or in the future. Commissioner Anderson said Gulf Stream does not have the issues Uother communities have, but she said it is a good idea to participate in the consortium. Mayor Orthwein said that $10,000 can be put aside in this year's budget to be contributed toward a possible future study of fire and EMS. At this time Mayor Orthwein called for a short recess. The meeting recessed at 11:20 A.M. and reconvened at 11:35 A.M. E. Items by Mayor & Commissioners Commissioner Anderson stated that the presentation and discussion, concerning the AlA Future Plan addressed her questions and concerns. F. Presentation of Proposed Budget for Fiscal Year 2012 -2013 1. Budget Consideration Regular Meeting and Public Hearing Town Commission - July 13, 2012 Page 13 Mayor Orthwein asked Mr. Thrasher to confirm that the Fire Contract with Delray Beach increased by $112,000, she asked if the increase was due to the annexed area, and she asked if the Town will be getting some of that back. Mr. Thrasher said the Town will be getting some money in 2013 based on taxable value. He said after we get our tax money for the entire annexed area we will be allowed to make a December payment, which represents the time period from annexation to September 30, 2012, and he said that payment is due by December 30, 2012. Mr. Thrasher said the increase in the fire contract is a combination of "catch -up" to cover the annexed area, our regular contract which incorporates our entire population, and there is a 5% increase in the regular contract. In reviewing the highlights of the proposed budget, Mr. Thrasher said the proposed Millage Rate for Fiscal Year 2012/2013 is 3.0055, which is a 2.6% increase of last year's Millage Rate of 2.9265. He said we have a taxable value of $731M and new construction of $67M. Mr. Thrasher said he is recommending an increase in payroll wages across the board of 2.0 %, and he said it is not the 2.6% and there is not a match of the CPI and merit. Mr. Thrasher said the Roll Back calculation, because we did have an increase in our normal taxable value of 1.1, does create a rolled back rate of 2.8939. Commissioner Dering asked what was actually charged to residents last year and Mr. Thrasher said they were charged 2.9265. He said our taxable value in the old boundaries of Gulf Stream increased by 1.1 %, the roll back rate is the rate at which when you multiply the millage rate times the taxable value, that creates the same ad valorem revenue as the previous year and, therefore, you have to lower the millage rate, which is called the rolled back rate. Vice -Mayor Devitt asked if the roll back rate rolled up in the years when assessed values decreased. Mr. Thrasher said yes, but he said we have not done that in the last two or three years. Commissioner Dering asked what the practicality is in the rolled back rate. Mr. Thrasher said it generates the same ad valorem revenue as in the previous year. Vice -Mayor Devitt explained to Commissioner Dering that when we determine what the proposed 2013 Millage Rate is today, we can decrease it when we adopt the budget, but we cannot increase it. Mr. Thrasher said he placed items of importance in the Capital Budget that are not truly Capital Expenditures, such as the study that was mentioned earlier. He said the closing balance in that budget is $14,083, which he proposes for the Barrier Island Fire District Study. Mr. Thrasher said it is possible to expand the west walls of Town Hall further west and, therefore, he is proposing $50,000 for a Town Hall Expansion. He said Mayor Koch encouraged this and there was previous discussion concerning expansion due to the lack of work space and storage space. Mr. Thrasher said the money is there if want to use it, but he said it will not be spent just to spend it. He said we are beginning to recognize that our taxable values have been positive and we are at a turning point, it will be higher next year and this millage rate creates our ability to rebuild our reserves. Mr. Thrasher said it is time to change the way we look at our budget and to not be fearful of Regular Meeting and Public Hearing Town Commission - July 13, 2012 Page 19 our costs, and he said we need to create a mechanism to build up our reserves. Mayor Orthwein reiterated the importance of our reserves to be able to address infrastructure. Commissioner Dering commented that there is no line item in the budget to increase reserves. Mr. Thrasher said that is why he made the comment about Capital, being that the money is there if we need it, and if we do not, the money will go to reserves. He said we �I establish a millage rate that begins to consider putting money back into reserves. Mr. Thrasher said the Florida Accounting Code does not have a Contingency line item. He said there is no contribution to Fund Balance, but the budget includes categories that we do not intend to spend and it provides flexibility. Mr. Thrasher said the Crown Victoria, which the Gulf Stream Police Department uses for their patrol vehicles, in no longer manufactured. He said he is supporting the Police Department's request to change over to the Ford Explorer, which is an SUV. Chief Ward said that Ford has turned the Explorer into a pursuit vehicle and the gas mileage is no different than that of the Ford Taurus. He said Lt. Allen and Sgt. Haseley have test - driven the Explorer and reported no obstructive vision impairment, it holds their equipment better and they feel it is superior to a sedan -type vehicle. Chief Ward said the Explorer is slightly higher in cost; however, he said it comes in a 4 -wheel drive which will save on the cost of tires. He said the California Highway Patrol and the NYPD are using SUVs and they report that it is more practical. Mr. Thrasher said in the last three years the Police Department has beer limping along with software that is not satisfactory for reporting. They are researching new software, it will be more expensive, but he said it will be an upgrade that will bring them current. Mr. Thrasher said the money is there, we can do it and it is time to allow them to upgrade. Vice -Mayor Devitt agreed and said the Police Department is very important to our Community and they have made many sacrifices over the years to maintain a lean budget. 2. 2011 -2012 Millage Rate Mr. Thrasher noted that the 2011/2012 Millage Rate was 2.9265. 3. Proposed Millage for Fiscal Year 2012 -2013 Mr. Thrasher said he is recommending the proposed millage rate for 2012- 2013 to be 3.0055 and he asked the Commission to support that. Vice - Mayor Devitt asked Mr. Thrasher to summarize how the annexation and new properties affected both expenditures and revenues. Mr. Thrasher said there is approximately $180,000 in revenue generated from the annexed area, and he said the only additional expenditures have been mileage and surveillance, which are minimal. Mayor Orthwein asked about looking into a web page. Mr. Thrasher said Staff is satisfied with the way information is disseminated, a website requires maintenance and it would require another employee and space for a new employee, which we do not have. He said we cannot take on another employee and Staff is already stretched thin. Commissioner Dering said the younger residents are asking for better communication and this is what they want. He said the Town could outsource that type of work, but he said Staff could at least use an email blast to distribute meeting notices and agendas. Mayor Regular Meeting and Public Hearing Town Commission - July 13, 2012 Orthwein said, as we are doing the are keeping up with the times. She outsourcing this type of work. Mr. can make recommendations. Page 15 budget, she would like to be sure we asked if Staff could look into Ganger said the Civic Association Mayor Orthwein asked for a motion to set the proposed 2012/2013 millage rate. Commissioner Dering said he would like to see some comparisons /-,, with other municipalities, such as the difference in the number of �J households and the difference in budget numbers. Mayor Orthwein said the Town has done comparisons with other municipalities with regard to the Police Department and salaries, and she said everything seems to be in line. Vice -Mayor Devitt suggested providing Commissioner Dering with the latest Police Department study. Clerk Taylor said the Commissioners must address each budget item on the Agenda in order. She said the proposed budget has already been considered, the 2011 -2012 millage rate has been publicly stated by Mr. Thrasher, and she said motions are necessary to approve the proposed millage rate for 2012 -2013, to certify the Rolled Back Millage Rate and to set the dates of the First Public Hearing and Tentative Budget Adoption and the Second Public Hearing and Final Budget Adoption. Vice -Mayor Devitt moved to approve the proposed millage rate for 2012- 2013 at 3.0055. Commissioner Dering suggested increasing the proposed millage rate now, since it can be lowered after today, but not increased. Mr. Thrasher suggested raising it to 3.0500, which is an additional $32,000. Commissioner Dering said that the additional money generated by increasing the millage rate should be placed into reserves and he said $32,000 may not be enough. Mr. Thrasher said we should be looking at $1.5M to $2M in reserves, with a capital project at Town Hall at some point. He said the reserve fund is projected to be at $1M by the end of FY 2012 and maintaining that at the end of FY 2013 with the millage rate of 3.0055. Mr. Thrasher said he provided an estimated projection of the Fund Balance on Page 11, and he said at the proposed millage rate we will be losing our position in savings, with the same anticipated next year. Mayor Orthwein said by the end of FY 2015 the ending Fund Balance will be $600,000. For the purpose of increasing reserves, the Commissioner discussed increasing the proposed millage rate to 3.1, 3.2 or 3.3. Mr. Randolph said when this is established it will go out in the tax notices. He said when Mr. Thrasher presents the budget to you he has already included everything he anticipates and he recommended caution when increasing the proposed millage rate just because it can be lowered. Mr. Thrasher said when we look at this next year the same concept will be applied to those numbers so that at the end of three years we will be at a millage rate platform that can support our level of service and build both our millage rate and our reserves. Mayor Orthwein agreed that the millage rate can be raised a bit now and that it can be increased over time, but she said not 8% in one year. Mr. Ganger commented that residents know this is coming, and he said those who chose not to pay their undergrounding assessment up front will Regular Meeting and Public Hearing Town Commission - July 13, 2012 Page 16 be receiving their first tax bill, which will include their assessment. He agreed with Mayor Orthwein that the fund balance should be gradually increased over time. Vice -Mayor Devitt said we want to raise our fund balance and we need to figure out how long it should take to get there. Commissioner Dering asked for the percentage increase if the proposed millage rate was increased to 3.1. Mr. Thrasher said it is 5.9 %. For the lack of a second, Vice -Mayor Devitt withdrew his motion. Commissioner Dering moved and Vice -Mayor Devitt seconded to approve the Proposed Millage for Fiscal Year 2013 -2013 of 3.1. There was no discussion. Roll Call: Vice -Mayor Devitt, AYE; Commissioner Anderson, AYE; Commissioner Dering, AYE; Mayor Orthwein, NO. The motion passed by a vote of 3 -1. 4. Certification of Rolled Back Millage Rate Vice -Mayor Devitt moved and Commissioner Anderson seconded to certify the Rolled Back Millage Rate at 2.8939. There was no discussion. Roll Call: Vice -Mayor Devitt, AYE; Commissioner Anderson, AYE; Commissioner Dering, AYE; Mayor Orthwein, AYE. The motion passed by a vote of 4 -0. 5. Date of First Public Hearing- Tentative Budget Adoption Clerk Taylor said we normally hold our first public hearing on the same date as our Regular September Commission Meeting and move that meeting to 4:00 P.M. She said the September Commission Meeting is scheduled for Friday, September 14, 2012, which will take place at 4:00 P.M. Commissioner Anderson moved and Commissioner Dering seconded to hold the First Public Hearing and Tentative Budget Adoption on Friday, September 14, 2012 at 5:01 P.M. There was no discussion. Roll Call: Vice -Mayor Devitt, AYE; Commissioner Anderson, AYE; Commissioner Dering, AYE; Mayor Orthwein, AYE. The motion passed by a vote of 4 -0. 6. Date of Second Public Hearing -Final Budget Adoption Clerk Taylor offered Tuesday, September 25t, Wednesday, September 26th and Thursday, September 27th as possible dates for the Second Public Hearing -Final Budget Adoption. Commissioner Dering moved and Commissioner Anderson seconded to hold the Second Public Hearing and Final Budget Adoption on Tuesday, September 25, 2012 at 5:01 P.M. There was no discussion. Roll Call: Vice -Mayor Devitt, AYE; Commissioner Anderson, AYE; Commissioner Dering, AYE; Mayor Orthwein, AYE. The motion passed by a vote of 4 -0. XII. Public. Earl Harvel of Harvel Utility Construction Inc. addressed the Commission concerning his contract with the Town of Gulf Stream. Mr. Harvel said U his contract began in October of 2007, which was originally supposed to be a one -year contract and Commissioner Wheeler thought it should be a three -year contract. He said Commissioners Anderson and Orthwein agreed with Commissioner Wheeler and it became a three -year contract; however, he said he continued working from the same contract for two additional years, totaling five years, at the same contract fee. Mr. Harvel said it is time to renew his contract, he anticipates an increase in his fee, and he said he would like some guidance from the Commissioners. He said, in the past, he would submit his proposal, negotiate, and a decision would be made. Mr. Harvel asked if the process would be the N U Regular Meeting and Public Hearing Town Commission - July 13, 2012 Page 17 same or if the Town is required to go out to bid. He said he would rather submit a proposal at this time if the Town must put out an RFP. Mr. Randolph said it may still be an administrative matter, but it is possible that the Town will be required to do an RFP; however, he said this could still be an administrative matter and he and Mr. Thrasher will look into this and come back to the Commission. Mr. Harvel commented on last month's Water Usage Report which indicated a drop in water sales. He said they have tested the system, there are no leaks and the Town is not giving water away. He said the difference was 1.26 %, which indicates that the Town is running a tight system. XIII. Adjournment. Vice -Mayor Devitt moved and Commissioner Dering seconded to adjourn the Meeting. Mayor Orthwein adjourned the meeting at 12:9.9 -IP.M. Gail C: Abbaie Administrative Ass 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 July 26, 2012 at 8:30 A.M., and the Town Commission of the Town of Gulf Stream, Florida will hold a Public Hearing on August 10, 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 Boyce as agent for OK Seahorse, LLLP, owners of the property located at 4001 N. Ocean Boulevard on the west Side of State Road AIA, Gulf Stream, Florida, which is legally described as the South 300' of the North 2219' of Gov't. Lot 2, Sec. 34, Township 45 South, Range 43 East, Palm Beach County, Florida; as shown on the plat of Palm Beach Shore Acres (Ocean Boulevard Estates), according to the plat thereof, as recorded in Plat Book 7 Page 15 Public Records of Palm Beach County, Florida; together with the East 55' of the South 300' of the North 2209' of the re -plat of Block Z, Palm Beach Shore Acres, according to the plat thereof, as recorded in Plat Book 18, Page 19, Public Records of Palm Beach County, Florida; less the right of way for Old Ocean Boulevard; EXCLUDING THOSE LANDS LYING EAST OF STATE ROAD AIA, to consider the following: The construction of two buildings, one of Georgian and one of Anglo Caribbean architectural style, containing a total of five 2 -story villas. 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. The 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 THE 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: July 17, 2012 TOWN OF GULF STREAM, FLORIDA /Iz � Rita L. Taylor,'Town Clerk 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, July 26, 2012 at 8:30 A.M., and the Town Commission will hold a Public Hearing on Friday, August 10, 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 Roger Cope of Cope Architects as agent for Thomas & Kirsten Stanley, owners of property located at 3524 Oleander Way, Gulf Stream, Florida, legally described as Lot 57,Gulf Stream Properties No. 2 together with that portion of the South half of the right -of -way known as Pandanus Road lying North of adjacent Lot 57, Gulf Stream, Florida, for the following: SPECIAL EXCEPTION to permit air conditioning equipment to encroach approximately 2' into South side setback. DEMOLITION PERMIT to remove a portion of existing West wing and the existing one car garage. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit demolition of a portion of the West wing and existing one car garage, the addition of a two car garage and expansion of the West wing, a total of 1,492 sq. ft. to the existing 1- story, single family historic Polo Cottage, and to permit an encroachment of approximately 2' into the South side setback to accommodate air conditioning equipment. 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: July 15, 2012 TOWN OF GULF STREAM, FLORIDA ?/-,A �" )- Rita L. Taylor, T vn Clerk MAYOR: Joan K. Orthwein COMMISSIONER: Muriel J. Anderson W. Garrett Dering REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN THE TOWN OF GULF STREAM ON FRIDAY, AUGUST 10, 2012 AT 9:00 IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, FLORIDA. ArWNM I. Call to Order. II. Pledge of Allegiance. III. Roll Call. August 3, 2012 'OMMISSION OF A.M. GULF STREAM, IV. Minutes of the Regular Meeting of July 13, 2012. V. Additions, withdrawals, deferrals, arrangement of agenda items. Vi. Announcements. A. Regular Meetings and Public Hearings 1. September 14, 2012 @ 4 P.M. 2. September 14, 2012 @ 5:01 P.M. (tentative budget) 3. September 25, 2012 @ 5:01 P.M. (final budget) 4. October 12, 2012 @ 9 A.M. 5. November 9, 2012 @ 9 A.M. 6. December 14, 2012 @ 9 A.M. B. Resignation of Commissioner Fred B. Devitt III C. Mayor's Proclamation- "Florida Water Professionals Week" VII. Appointments. A. Consideration of appointment of two Town Commissioners as provided in Sec. 3.06(c) of the Gulf Stream Charter 1. Letters of Interest a. Letters of Support VIII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Roger Cope, as Agent for the owners, Thomas & Kirsten Stanley, of property located at 3524 Oleander Way, Gulf Stream, Florida, which is legally described as Lot 57, Gulf Stream Properties No. 2 together with that portion of the South half of the right - of-way known as Pandanus Rd. lying North of adjacent Lot 57, Gulf Stream, Florida. a. SPECIAL EXCEPTION to permit air conditioning equipment to encroach approximately 2' into the South side setback. b. DEMOLITION PERMIT to remove a portion of existing West wing and the existing one car garage. c. LEVEL 3 ARCHITECTURAL/ SITE PLAN REVIEW to permit demolition of a portion of the West wing and existing one car garage, the addition of a two car garage and expansion of the West wing, a total of 1,492 sq. ft. to the existing 1- story, single family historic Polo Cottage, and to permit an encroachment of approximately 2' into the South side setback to accommodate air conditioning equipment. 2. An application submitted by James Boyce as agent for OK Seahorse, LLLP, owners of the property located at 4001 N. Ocean Blvd. on the West side of State Road AlA, legally described in metes and bounds. a. The construction of two buildings, one of Georgian and one of Anglo Caribbean architectural style, containing a total of five 2 -story villas. AGENDA CONTINUED IX. Reports. A. Utility Undergrounding Update -Danny Brannon (Engineer). B. Town Manager C. Architectural Review & Planning Board 1. Meeting Dates a. No meeting in August b. September 27, 2012 @ 8:30 A.M. c. October 25, 2012 @ 8:30 A.M. d. November 15, 2010 @ 8:30 A.M. e. December 27, 2012 @ 8:30 A.M. D. Finance Director 1. Revenue /Expense Report for July 2012 2. Water Usage as of July 31, 2012 E. Police Chief 1. Activity for July 2012 X. Items for Commission Action. A. Resolution No. 012 -05; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, NAMING AUTHORIZED SIGNATORIES FOR THE TOWN OF GULF STREAM BANK ACCOUNTS; AND PROVIDING FOR AN EFFECTIVE DATE. B. Utility Undergrounding Loan 1. Date to acquire financing 2. Term selection 3. Interest C. 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