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HomeMy Public PortalAbout08/10/2012MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, AUGUST 10, 2012 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Orthwein called the Meeting to order at 9:02 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by Mayor OOrthwein. III. Roll Call. Present and Joan K. Orthwein Mayor Participating Muriel J. Anderson 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 Kirsten Stanley Applic. /3524 Oleander Benjamin Schreier, Arch. Agent /4001 N. Ocean W. Affinity Architects Brian Donahue of Land Agent /4001 N. Ocean W. Design South Robert Vail, Kolter Rep. 4001 N. Ocean W. Danny Brannon, Brannon Underground Consult. & Gillespie Tom Murphy, Resident Hidden Harbour Robert Grover, Resident Polo Ridge Scott Fogarty, Resident N. County Rd. Kristine DeHasseth Florida Coalition For Preservation Ned McDonald Former Gulf Stream Resident Earl Harvel Harvel Utility Construction IV. Minutes of the Regular Meeting of July 13, 2012. �— Commissioner Dering moved and Commissioner Anderson seconded to approve the Minutes of the Regular Meeting of July 13, 2012. There was no discussion. All voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Clerk Taylor announced that Item IX.D. will be deleted from the Agenda. There were no objections. 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) Regular Meeting and Public Hearing Town Commission - August 10, 2012 Page 2 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. There were no conflicts in the meeting schedule. B. Resignation of Commissioner Fred B. Devitt III Clerk Taylor read Commissioner Devitt's Resignation Letter into the ^ Record. Commissioner Devitt's Resignation Letter will be filed in the �1 Official Records of the Town of Gulf Stream. C. Mayor's Proclamation - "Florida Water Professionals Week" Clerk Taylor announced the Mayor's Proclamation proclaiming the Week of August 13 - August 17, 2012 as Florida Water Professionals Week. She explained that the professionals who are responsible for the purification of our water have an Organization and this proclamation recognizes them and applauds their constant efforts to protect our health and environment. Mayor Orthwein signed the Proclamation. 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 Commissioner Anderson nominated Robert Ganger and Tom Stanley, each to fill a vacant seat on the Commission. Commissioner Dering seconded the nomination. There was no discussion. Roll Call: Commissioner Anderson, AYE; Commissioner Dering, AYE; Mayor Orthwein, AYE. Clerk Taylor asked Mr. Ganger and Mr. Stanley to raise their right hand and to read the Oath aloud. Commissioner Ganger and Commissioner Stanley executed their respective Oath and took their seat on the Dais. VIII. PUBLIC HEARING. Mayor Orthwein asked for declarations of Ex -parte communication with regard to these matters. Commissioner Ganger stated that he was Chairman of the ARPB when this application was heard at their July 26, 2012 Meeting. Commissioner Stanley stated that he is the Applicant and property owner of 3524 Oleander Way, he recused himself from the hearing and left the room. Clerk Taylor administered the Oath to the following individuals participating in the Public Hearing: Kirsten Stanley, Applicant for 3524 Oleander Way; Benjamin Schreier of Affinity Architects, Agent for OK Seahorse LLLP; Brien Donohue of Land Design South, Landscape `J Architect representing OK Seahorse LLLP; Robert Vail of Kolter Homes; and, Robert Grover, Resident of Polo Ridge. 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. Regular Meeting and Public Hearing Town Commission - August 10, 2012 Page 3 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 O 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. Mr. Thrasher stated that, in the absence of Roger Cope, Architect /Agent for the Applicant, Kirsten Stanley, the Applicant, will present the project to the Commission. He said the structure is one of the older cottages in Town, the ARPB had no issues with this application and it was a unanimous decision to recommend approval. Commissioner Ganger commented that the structure at 3524 had been moved once and was saved by the Delray Beach Historical Society from being moved again. Mrs. Stanley stated that the structure is one of the Polo Cottages, which is adjacent to Gulf Stream School. She said there is a small kitchen in the West Wing of their home and you cannot get to the third bedroom or the laundry room without going outside. They are proposing to take down and extend the West Wing, which is the third bedroom and part of the kitchen, take down the 1 -car garage and replace with a 2 -car garage and widen the driveway. Mrs. Stanley said they will remain consistent with the exterior features of the structure, such as the windows, the asphalt shingle roof and the exterior color. She said the current square- footage of the home is 2,000 SF, the current garage is 300 SF and, with the extension of the West Wing and the two -car garage, the total square- footage will be 3,000 SF. Mrs. Stanley said they are asking for a special exception to relocate their A/C equipment to the South side of the property, which will encroach 2' into the South side setback; however, she said it will not infringe on the neighbors. Commissioner Anderson moved and Commissioner Dering seconded to approve a special exception to permit air conditioning equipment to encroach approximately 2' into the South side setback. There was no discussion. All voted AYE. Commissioner Anderson moved and Commissioner Dering seconded to approve a demolition permit to remove a portion of an existing West wing and the existing one -car garage. There was no discussion. All voted AYE. Commissioner Anderson moved and Commissioner Ganger seconded to approve a Level III Architectural /Site Plan based on a finding that the proposed 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 SF to the existing one - story, single family historic Polo Cottage, and to permit an encroachment of approximately 2' into the South side setback to accommodate air conditioning equipment meet the minimum intent of the Regular Meeting and Public Hearing Town Commission - August 10, 2012 Page 4 Design Manual and applicable review standards. There was no discussion. All voted AYE. Commissioner Stanley returned to the Dais. 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. Mayor Orthwein asked for declarations of Ex -parte communication with regard to this application. Commissioner Stanley stated that he was an Alternate Member of the ARPB, sitting as a Member, when 4001 N. Ocean Blvd., West side of AlA, was heard by the ARPB on July 26, 2012. Commission Ganger stated that he was Chairman of the ARPB when the application for 4001 N. Ocean Blvd., West side of AlA, was heard by the ARPB on July 26, 2012. He also stated that he made it known at the July 26th ARPB Meeting that he has been involved with this project since it was the Seahorse, he participated in discussions concerning the proposal, planning and construction of 4001 N. Ocean Blvd., East side of AIA, but that he has not been involved in discussions concerning that matter for at least one year. Benjamin Schreier of Affinity Architects said the two proposed buildings will include a total of five 2 -story townhouses, each unit measuring about 3,700 SF. He said they made the architecture simple and understated, with simple geometrical facades. Mr. Schreier said the ARPB Members made several comments and suggestions, especially concerning lot coverage, which he and his team have taken into consideration. He said they reduced lot coverage by 326 SF, from 36% lot coverage to 35 %. Mr. Schreier said the mass of the triplex has been slightly altered, they applied a central focus to each structure to provide character, and they increased the opening between the structures from 25 feet to 30 feet, which enhances the separation and provides more light between the structures. Mr. Schreier pointed out that the rendering depicts the landscaping as what it will look like from day one, but he said plant material grows very fast in South Florida and the layered landscaping will grow to be very lush. He said there will be a dense landscape buffer around the property and Australian Pines will be planted along AlA which, in a year or so, will block the visibility of the project from the street. Brian Donahue of Land Design South introduced himself. He explained that reducing the lot coverage from 36% to 35% by decreasing building size resulted in a larger opening between the buildings, a larger pool area and it added 30 feet to the motor court. With regard to setback detail, Mr. Donahue said the north and south side setbacks are 20 feet from the primary structures and 15 feet from the accessory structures. In the rear, the setback from the pool is 10 feet and 25 feet from the primary structures. In the front, the setback to the primary structures is 78 feet and 60 feet to the accessory structures. Mr. Donahue said Regular Meeting and Public Hearing Town Commission - August 10, 2012 Page 5 the front setback was very important to them and, therefore, they did a lot with landscaping in that area. He said there will be palm trees at the entrances, they are planting Australian Pines with a Ficus hedge behind them along AlA to provide a buffer, they will utilize various plants on the preferred species list to provide lush landscaping, and he said the landscaping will match the plant palette of 4001 N. Ocean Blvd., East side of AlA. Commissioner Ganger commented that the Oentrances on both sides of AlA will be aligned. With regard to the internal landscaping, Mr. Donahue said there will be palm trees at the entrances and along the front of the principal structures, canopy trees in the motor court to create shade in the driveway areas, and there will be formal hedges and plantings throughout the property. He said Seagrapes will be planted along the north and south elevations, loose plantings around the pool areas and a curving site wall along the rear of the property with tropical plantings along the wall. The plantings along the site wall will match the plantings on the western neighbors' properties. Mr. Donahue said the landscaping will be more formal in the front of the property and loose in the rear. Mayor Orthwein commented that this proposal is a great improvement over the first proposal and she complimented the developer for working with Mayor Koch and Staff to get to this point. Commissioner Anderson agreed with the Mayor. Mayor Orthwein opened the floor to public comment. Tom Murphy, a resident of Hidden Harbour Estates, commented on the White Fly issue and the Ficus hedging planned for this project. He said Gulf Stream residents love the high Ficus hedging, but he said Ficus is their "ice cream" and there are other hedging materials that are almost as dense and do not attract the White Fly. Mr. Murphy recommended using another type of hedging. Mr. Donahue stated that they have worked on several projects in Palm Beach where they do not allow Ficus to be planted any longer. He said they are open to substituting Ficus with Clusia hedging, which may not be as tight as Ficus, but will withstand high wind. Clerk Taylor stated that all plans for proposed projects in the Town of Gulf Stream are always available at Town Hall for residents to view. She read E -Mail correspondence opposing the 4001 N. Ocean Blvd., West side of AlA project from Ron Pederson, President of Polo Ridge HOA, into the record. The Polo Ridge HOA believes that the structures consume too much space on a small lot and the southern structure will be too close to the Polo Ridge north property line, which will infringe on the privacy of Polo Ridge residents. In addition, they feel that the proposal is inconsistent with the Gulf Stream character and they recommend two duplexes containing a total of four units. Mr. Pederson's correspondence will be filed with the Official Records of the Town of Gulf Stream. Commissioner Ganger asked the developer's team what a Polo Ridge resident will see when looking out at this property. Mr. Schreier said there are three windows that open on the ground floor level of the southern structure, which is adjacent to Polo Ridge, and there are three Regular Meeting and Public Hearing Town Commission - August 10, 2012 Page 6 bedrooms and 2 baths on the second level, the bedrooms have windows that face Polo Ridge. Two of the bedrooms have secondary windows only to allow light in, and the center bedroom has windows that open in the direction of Polo Ridge. He said, in combination of the 20 -foot setback and a very professionally -done landscape buffer, the appearance looking out from Polo Ridge will be a very pleasing view. Commissioner Stanley commented that the Polo Ridge setbacks were under the Palm Beach County Regulations. Commissioner Ganger said the density in Polo Ridge is C1 closer to the County's 40% lot coverage. Mayor Orthwein said it appears by the black and white photo that Polo Ridge will have an overview of this project rather than the other way around. Mr. Schreier said the third -floor level of Polo Ridge is the highest level of habitable space, it has a more shallow roof to fall within the height limits and it is almost 30 feet above grade. He said the townhouses will have a more traditional roof which falls into the Gulf Stream guidelines, which will be at 22 feet above grade. Commissioner Ganger mentioned that one ARPB Member voted against this project due to his concerns over lot coverage compromise. He said the other areas of compromise versus Town Code are relatively minor and, although we would like to see more reduction in lot coverage, this proposal seems appropriate. Commissioner Dering asked about the Stipulation Agreement and Commissioner Ganger responded saying that the Stipulation Agreement is the compromise. Mr. Randolph said the Town Manager is recommending approval of this application with the condition that the Stipulation Agreement be signed and recorded. He said the attorneys have signed the Agreement and any approvals of this application should be subject to this Agreement because it is a compromise between what was allowed under Palm Beach County Zoning and the Town of Gulf Stream's Zoning. Mr. Randolph said the attorneys can enter into the Agreement on behalf of the Town and the Developer and the Stipulation has been signed to get the application before the Commission. Commissioner Dering felt that there should be an agreement between the Town of Gulf Stream and the Owner /Developer. Mr. Randolph said if preparation of a subsequent agreement is necessary that will incorporate the Commission's approval and the reasons for approval, it can be done. For the record, Commissioner Stanley asked the Architect to confirm the north and south setbacks again, which he understood were 20 feet and 20 feet. Mr. Schreier confirmed that. Commissioner Stanley said there were changes in the plans since the ARPB Meeting and he asked what was added to the facades of the main structures. Mr. Schreier said they added a covered porch as a central focus to eliminate mass. Commissioner Ganger asked how they were able to decrease lot coverage. Mr. Schreier said they took one foot out of each unit going from front to back, totaling five feet, which they added to the driveways and the space between the buildings. Commissioner Ganger said it was noted at the ARPB Meeting that the exterior paint colors will compliment the property on the East side of AlA. Mr. Schreier confirmed that saying one building will be a creamy yellow and the other will be a creamy white. Regular Meeting and Public Hearing Town Commission - August 10, 2012 Page 7 Robert Grover, a Polo Ridge resident, took the podium. He said the property may have been purchased under Palm Beach County Code, but he said they are part of Gulf Stream now. He asked that they eliminate one unit from the triplex which would make it more consistent with Gulf Stream Code. Mayor Orthwein said the property was purchased while under County regulations and the owner and developer have been working closely with the Town of Gulf Stream to come up with a reasonable design. Mr. Grover said it is his understanding that the determination to grant a permit is based on Town regulations and not Palm Beach County. Mr. Randolph said Mr. Grover's request is reasonable; however, he said when the property was annexed into Gulf Stream it was annexed under County Zoning, the Applicant believes they have vested rights under the County and their application was submitted to the Town prior to zoning changes. Mr. Randolph said this is a compromise of what was initially presented, which was one long building, no breaks, with seven units. He said the original design was not acceptable and, after meetings between our former Mayor, the attorneys, the developer and Town Staff, they have come back with this proposal. As a result of the Stipulation and this compromise they do not have to come in under Town Code. Mr. Randolph pointed out that Mr. Grover is making a request on behalf of Polo Ridge for their benefit. Mr. Grover said this is also a privacy issue because he believes Polo Ridge will be very exposed, and he said if this is approved it will impact Polo Ridge, as well as the entire Community. On behalf of the developer, Bob Vail of Kolter Homes said this is a good compromise and they would like to get this design approved. Mr. Vail said the West side was always considered to be the future Phase II, and seven units were planned. Plans for the West side were submitted to the County just prior to annexation, annexation took place in March of 2011 and their application was removed from Palm Beach County. The Town imposed Zoning in Progress and would not accept submittals until land use regulations and zoning was modified. Mr. Vail said they had a great relationship with Gulf Stream during the development of the East side and, therefore, they postponed submittal of the West side proposal to avoid negatively impacting that relationship. He said in November of 2011 they received zoning recommendations from Urban Design which allowed them about 5.5 units. Mr. Vail said they agreed on multi- family, they submitted a design for seven units and it was not acceptable. He said in January of 2012 they hired a new architectural firm, in April they came up with the proposal for five units and both sides were willing to compromise. Mr. Vail said the ARPB voted 4 - 1 to recommend approval, they considered all comments and recommendations and decreased lot coverage. In closing, he said this is a high quality project and is requesting approval. Mr. Randolph said the Stipulation would be a part of a motion to approve and it would be subject to the Stipulation being agreed to by the Town and the Applicant. Commissioner Anderson moved and Commissioner Dering seconded to approve the proposed architectural design and site development plan after the stipulation agreement has been signed and recorded and agreed to by the Town and the Owner /Developer. There was no discussion. All voted AYE. Regular Meeting and Public Hearing Town Commission - August 10, 2012 Page 8 IX. Reports. A. Utility Undergrounding Update -Danny Brannon (Engineer). Danny Brannon of Brannon & Gillespie gave a brief update on the Undergrounding project and said FP &L continues working on their design. Mr. Brannon mentioned street lighting, which was discussed briefly during the July Commission Meeting, and he said the Commission needs to O start thinking about street lighting and what type they are interested in. He said there are 28 Cobra Head lights in Phase I, which are predominantly located on AlA in south end of Town. Photos of Standard FP &L Street Lights and Decorative FP &L Street Lights were distributed to the Commissioners. Mr. Brannon explained that Cobra Head and Open Bottom lights are typically used by FP &L in their design and they would come with a 10- year contract. He said FP &L historically waives the front end cost to install either of these light styles, and then they will immediately start charging a monthly fee per light, which includes the fixture charge, and there is a charge for wire footage, a pole charge, an energy charge and a maintenance charge. In addition, Mr. Brannon summarized the option of Decorative FP &L Street Lights, which are for approved fixtures with concrete or fiberglass poles. He said the decorative street lights come with a 20 -year contract and a 141% up -front project cost, plus monthly costs including an energy charge, special maintenance charge and a billing charge. Mr. Brannon said FP &L offers a premium lighting package, but he said it would be too expensive from them. He said there are many other light styles that vary in cost and there are other options to be considered, such as purchasing and installing our own lighting, which is what Jupiter Island did. He said Jupiter Island also designed the lighting and their costs were high. Commissioner Dering asked if the Town is able to run gas lines so that the lights can run on gas rather than electricity, and he asked Mr. Brannon to research this option also. Mr. Brannon said the light locations will be reviewed and the Department of Transportation (DOT) will have a say concerning lights along AlA. He said safety is their primary issue and gas lighting may not comply with DOT regulations. Commissioner Stanley asked if the Town could get a separate maintenance contract from another vendor. Mr. Brannon said FP &L may enter into an energy -only contract, but it would depend on the light fixtures. He said there are options, you can find compromises and costs will be competitive. Mr. Brannon said if the Town goes with FP &L lights they will maintain them, but if the Town chooses another option they may have to maintain their own lights. Mayor Orthwein asked Mr. Brannon if he would put information together with all options for lighting, custom lighting and maintenance for both Phase I and II, including costs. She asked if he would try to have this information ready for distribution in the next Commission Meeting Packet. Commissioner Stanley requested the information cover basic, mid -level and custom options. Mr. Brannon agreed to do so. Regular Meeting and Public Hearing Town Commission - August 10, 2012 Page 9 With regard to the safety issue concerning lighting, Commissioner Ganger asked Chief Ward if he had any comments or suggestions. Chief Ward said that typically decorative lighting does not provide bright light. In addition, he said it has been difficult to get FP &L to repair damaged lighting, fixtures and poles. Mr. Brannon said his firm will definitely communicate with the Police Department concerning lighting matters. Commissioner Dering asked about the time line. Mr. Brannon referred to ^ Page 4 of his report saying that Comcast has been working right along, �) but he said FP &L and AT &T have been running behind schedule. B. Town Manager The Town Manager had nothing to report. 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 @ 6:30 A.M. d. November 15, 2010 @ 8:30 A.M. e. December 27, 2012 @ 8:30 A.M. There were no comments. D. Finance Director 1. Revenue /Expense Report for July 2012 2. Water Usage as of July 31, 2012 Item IX.D.1. & 2. were deleted from the Agenda. E. Police Chief 1. Activity for July 2012 Chief Ward requested that the Activity Report for July 2012 be accepted as submitted. Commissioner Anderson asked about the Identity Theft item. Chief Ward said that identity theft is a major national issue and has cost the Federal Government several billion dollars. Gulf Stream had one victim of a fraudulent IRS tax claim and the Federal Government requires that each case has an official police record. 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. Clerk Taylor read Resolution No. 012 -05 in its entirety, being presented for adoption this 10th day of August, 2012. She said when the Town was shopping banks for the best interest rates, the banks would not open an account without a resolution naming and authorizing signatories. Clerk Taylor said they also required the drivers' license of each named and authorized signatory. Commissioner Dering felt that it was not necessary for all of the Commissioners to be authorized signatories. Clerk Taylor explained that checks over $1,000 require a second signature and some must be signed immediately. She said there have been instances when a second signature was not available which makes it necessary to have each Commissioner authorized to sign checks. Commissioner Ganger moved and Commissioner Anderson seconded to adopt Resolution No. 012 -05. There was no discussion. All voted AYE. B. Utility Undergrounding Loan 1. Date to acquire financing Regular Meeting and Public Hearing Town Commission - August 10, 2012 Page 10 2. Term selection 3. Interest Mr. Thrasher said this is just a notice to the Commissioners to begin thinking about the loan we will be securing soon. He said there are decisions to be made, but not until after the Town hears from Bond Counsel, Mark Raymond. The Town sent out an RFP for securing funds and we have received calls from banks asking questions concerning our O financials. Mr. Thrasher said the process is ongoing and he said the selection will be based on Mr. Raymond's qualifying of prospective bidders. The Commissioners should be thinking about the terms of a just in concept, such as the life of the loan and whether it will be 10 years or 15 years. He said the Town will be issuing debt and with a 10 -year or 15 -year loan, the debt will be attached to the Town. Mr. Thrasher said for 10 years our name comes off of the loan, 15 years extends the loan, but it gives residents a longer period of time to pay. He said the interest rate will be another factor. Mr. Thrasher said as soon as Staff hears from Mr. Raymond they will schedule a Special Meeting for the Commission to come back and make these decisions. He said it will take place around August 27th. Commissioner Ganger asked what the assumption rate is and Mr. Thrasher said it will be a 6% note for 10 years, with half of a percentage point for administrative fees. He said for those that did not pay the assessment up front, the trim notice they receive will indicate the estimated figure and the final bill will be modified with the accurate information and it will be in time for the actual tax bills. Mr. Randolph said questions concerning financing of the undergrounding should be directed to Susan Schoettle -Gumm, the attorney who put the financing program together for this project, and try to get answers prior to the Special Meeting. He said Mark Raymond will be at the Special Meeting. C. Items by Mayor & Commissioners Mayor Orthwein congratulated the new Commissioners, Robert Ganger and Thomas Stanley. Commissioner Dering asked when the ARPB will be able to replace Mr. Ganger and Mr. Stanley. Commissioner Ganger said potential candidates have attended the last couple of ARPB Meetings and have shown interest in sitting on the Board. He said the ARPB does not meet again until September 27th Commissioner Dering commented on communication and said the Civic Association has been very helpful with communicating important information to residents. Mayor Orthwein said the Town is responsible for getting information to residents, and she said Staff is in the process of researching options and costs for a website and other alternative communication. Commissioner Dering said he did not receive the notice to residents concerning the development of 4001 N. Ocean Blvd., West side of AlA. Clerk Taylor said 50 notices were mailed to residents and Commissioner Dering was on the list. Commissioner Stanley stated that any mail to condominium residents must be sent directly to each resident rather than relying on the condominium management for distribution. Regular Meeting and Public Hearing Town Commission - August 10, 2012 Page 11 Commissioner Ganger recommended reserving funds in the budget for treatment of the Spiral White Fly on Town property. He said it is a serious issue and could have a huge impact on the Community. Commissioner Ganger asked Mr. Randolph about the Town of Palm Beach and how they handled the White Fly situation in their community. Mr. Randolph said their Town Commission passed an ordinance which states that residents must remove dead Ficus plants or they will be removed by the Town. He said the Town of Gulf Stream discussed doing something similar and then decided against it for now. Mr. Randolph said he would bring some information to Staff. Commissioner Stanley said this problem cannot be fully eradicated. XI. Public. Kristine DeHasseth of the Florida Coalition for Preservation gave a personal tribute to Commissioner Ganger to congratulate him on his appointment to the Town Commission. Ms. DeHasseth and Commissioner Ganger worked closely on many Coalition projects over the years. She said he knows government inside out, his opinions are respected, and they will miss him greatly. Ms. DeHasseth presented a plaque to the Town Clerk. It was given to Commissioner Ganger and reads, "You can fool some of the people all the time, and you can fool all of the people some of the time, but you can't fool Bob." Ned McDonald, a former resident of Place Au Soleil, gave a tribute to Commissioner Ganger to congratulate him on his appointment. Mr. McDonald also served on the Place Au Soleil Homeowners' Association and he said Commissioner Ganger works tirelessly and occasionally attended their meetings. He credited Commissioner Ganger for being very helpful to them during negotiations between the City of Boynton Beach and the WalMart Corporation in getting the lights in the WalMart parking area lowered. Mr. McDonald commended the Commissioners on their decision to appoint Robert Ganger to fill one of the vacant Commission seats. Earl Harvel of Harvel Utility Construction, Inc. addressed the Commissioners and Staff with regard to the renewal, or re- negotiation, of his contract with the Town. He said October 1st is the anniversary date of his contract. Mr. Thrasher said he still does not know whether this will be an administrative matter or if the Town will have to go out for bids. Mr. Randolph said he realizes that Mr. Harvel did not want to submit rates if the Town had to put out an RFP, but he said he will confer with Mr. Thrasher and come back to the Commission with information at their September Meeting. XII. Adjournment. Commissioner Anderson moved and Commissioner Dering seconded to adjourn. There was no further discussion. All voted AYE. Mayer- b)rthwein adjourned the Meeting at 11:12 A.M. Gail C. Abbale Administrative Assist nt FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST ME -FIRST NAME- IOOLE NAME NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE ,G n „ MA IN G ADD ES THE BOARD, COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON L WHICH I SERVE IS A UNIT OF: Ir---I,'' ITY []COUNTY LruTHERLOCALAGENCY CITY COUNTY // rl AME OF POLITICAL SUBDIVISION: DATE ON WHICH VO CCU ED MY POSITION IS: 120 ri ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of Interest under Section 112 3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure In which you have a conflict of Interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which Inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which Inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she Is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163 357, F , and officers of Independent special tax districts elected on a one -acre, one -vole basis are not prohibited from voting in that capacity For purposes of this law, a "relative' Includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the 'nature of,yopr Interest In the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form In the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to Influence the decision) with the person responsible for recording the minutes of the meeting, who will Incorporate the form in the minutes. (Continued another side) y 4 .. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating • You must complete the form and rile It within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided Immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form Is riled. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, ✓ y hereby disclose that on ��( U /�� . 20 ; (a) A measure came or will come before my agency which (check one) Inured to my special private gain or loss: Inured to the special gain or loss of my business associate,_ inured to the special gain or loss of my relative, Inured to the special gain or loss of by whom I am retained; or Inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting Interest in the measure Is as follows: Ole Dale Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2800 PAGE 2 THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Dottie Van Overloop, Qwho on oath says that she is Legal Advertising Clerk of The Palm Beach Post, a daily and Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising for a Notice in the matter Property Taxes Correction was published in said newspaper in the issues of September 3, 2012. Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she/he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Also published in Martin and St. Lucie Counties. Sworn to and subscribed before 41h day of September, A.D. 2012. Who is personally known to me. Commission #DD832672 Expires. NOV. 15, 2012 am ert.Nmc aosnmc Co, RM NOTICE OF PROPOSED PROPERTY TAXES CORRECTION The Notice of Proposed Property Taxes (TRIM Notice) for the Town of Gulf Stream indicated an incorrect public hearing date/ time of September 10, 2012 at x•01 PM. correct date /time for the public hearing on the proposed taxes and budget is: September 14, 2012 5:01 PM at Gulf Stream Town Hall 100 Sea Road Gulf Stream, Florida 33,483