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HomeMy Public PortalAbout11/09/2012APPLICATION FOR APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on December 27, 2012 at 8:30 A.M., and the Town Commission of the Town of Gulf Stream, Florida will hold a Public Hearing on January 11, 2013 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 Quinn Miklos, Miklos & Assoc., P.A. as agent for Gerald & Sharon Clippinger, owners of the property located at 2538 Avenue Au Soleil, which is legally described as Lot 48 Place Au Soleil, to consider the following: SPECIAL EXCEPTION to permit the extension of an existing non - conforming wall that encroaches 4.2 feet into the required 15 foot south side setback. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit additions consisting of bathroom, covered entry and additional living area, a net total of 716.6 square feet, to the existing one -story single family dwelling and an exterior renovation to smooth stucco with the addition of quoins on the corners. A new brick driveway will also be a part of the renovations. 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 CVERBATIM 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: November 23, 2012 TO OF GUW STREAM, FLORIDA Rita L. Taylor, r own Clerk November 1, 2012 MAYOR: Joan K. Orthwein Vice Mayor: Thomas M. Stanley COMMISSIONER: Muriel J. Anderson W. Garrett Dering Robert W. Ganger REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, NOVEMBER 9, 2012 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. ArRNnA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes of the Regular Meeting of October 12, 2012. V. Additions, withdrawals, deferrals, arrangement of agenda items. Vi. Announcements. A. Regular Meetings and Public Hearings 1. December 14, 2012 @ 9:00 A.M. 2. January 11, 2013 @ 9:00 A.M. 3. February 8, 2013 @ 9:00 A.M. 4. March 8, 2013 @ 9:00 A.M. 5. April 12, 2013 @ 9:00 A.M. 6. May 10, 2012 @ 9:00 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Seaside Builders LLC, as agent for Harbor View Estates, LLC owners of property located at 1224 N. Ocean Blvd., Gulf Stream, Florida, legally described as Lot 5, Hidden Harbour Estates Plat II, Replat of Golf Course Addn. Lts 4, 5 & N 92' of Lt 6, Gulf Stream, Florida. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow removal of existing nuisance exotics and some native trees providing for a 13' clear zone from edge of roadway. 2. An application submitted by Seaside Builders LLC as agent for Harbor View Estates LLC, owners of property located at 1220 North Ocean Boulevard, Gulf Stream, Florida, legally described as Lot 4, Hidden Harbour Estates Plat Two, a replat of Lots 4, 5 & 6, Golf Course Addition according to the plat thereof as recorded in Plat Book 15, Pages 173 & 174, Public Records of Palm Beach County, Florida. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow the removal of existing nuisance exotics and extensive planting of native species and the installation of an entrance wall and gates, a portion of which is within the 50, corridor. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a partial two -story Bermuda style single family dwelling, 3 car garage with bonus room above, 8,603 square feet, and a swimming pool. 3. An application submitted by Seaside Builders as agent for Harbor View Estates LLC, owners of property located at 1230 N. Ocean Blvd., Gulf Stream, Florida, legally described as Lot 6, Hidden Harbour Estates Plat Two, being a re -plat of Lots 4, 5 & 6, Golf Course Addition, Gulf Stream, Florida. a. NORTH OCEAN BLVD. OVERLAY PERMIT to allow removal of existing nuisance exotics providing for a 13, clear zone from the edge of roadway and extensive AGENDA CONTINUED planting of native species and installation of a 6'high aluminum rail fence 12' west of the east property line that will be screened with landscape material. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of an 8,857 square foot Colonial West Indies style partial two - story, single family dwelling, attached 2 car garage with 6' high walls and fences screened with landscape material around the property, and a swimming pool. 4. An application submitted by Benjamin Schreier, Affiniti Architects, as Agent for Doris J. Gillman, the owner of property located at 3333 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as Part of Lot 5, Gulf Stream Ocean Tracts, Gulf Stream, Florida. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to remove existing landscape material and driveway, install new driveway and landscaping and constructs foot perimeter wall with entry gate within the North Ocean Boulevard Corridor. b. LAND CLEARING PERMIT to relocate /clear existing landscaping material for relocation of driveway, preparation of building site and property beautification. C. DEMOLITION PERMIT to remove existing structures. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a 9,036 square foot Colonial West Indies style partial 2 -stor single family dwelling, 3 car attached garage and a swimming pool. VIII. Reports. A. Utility Undergrounding -Danny Brannon (Engineer) B. Town Manager C. Architectural Review & Planning Board 1. Meeting Dates a. November 15, 2012 at 8:30 A.M. b. December 27, 2012 @ 8:30 A.M. c. January 24, 2013 @ 8:30 A.M. C d. February 28, 2013 @ 8:30 A.M. e. March 28, 2013 @ 8:30 A.M. f. April 25, 2013 @ 8:30 A.M. D. Finance Director 1. Financial Report for October 2012 2. Optional Format- Financial Report for October 2012 E. Police Chief 1. Activity for October 2012 IX. Items for Commission Action. A. Items by Mayor & Commissioners X. Public. XI. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, NOVEMBER 9, 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 9:03 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by Mayor Orthwein. III. Roll Call. Present and Participating Also Present and Participating Joan K. Orthwein Tom Stanley Muriel Anderson W. Garrett Dering Robert W. Ganger William Thrasher Rita Taylor John Randolph Lt. Edward Allen Mark Grant, Esq. of Greenspoon, Marter Tom Laudani of Seaside Builders Richard Jones of Jones Architects Dave Bodker of Dave Bodker Landscape & Architecture Joe Pike of EnviroDesign Martin O'Boyle, Res. Lisa Morgan, Res. Nancy Touhey, Res. Ben Schrier of Affinity Architects Joe Peterson of Peterson Desi Guy Flora of Mark Timothy Mayor Vice -Mayor Commissioner Commissioner Commissioner Town Manager Town Clerk Town Attorney Gulf Stream Pol. Dept. Rep. Applic. /Developer Tom Laudani Applic. /Developer Architect /Harbour View Landscape Architect/ Harbour View Engineer /Harbour View 23 N. Hidden Harbour Dr. 1140 N. Ocean Blvd. 1200 N. Ocean Blvd. Arch. /3333 N. Ocean Landscape gn Prof. 3333 N. GC/3333 N Construction Architect/ Ocean Ocean IV. Minutes of the Regular Meeting of October 12 2012. Commissioner Ganger moved and Vice -Mayor Stanley seconded to approve the Minutes of the Regular Meeting of October 12, 2012. There was no discussion. All voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes. VI. Announcements. A. Regular Meetings and Public Hearings Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 2 1. December 14, 2012 @ 9:00 A.M. 2. January 11, 2013 @ 9:00 A.M. 3. February 8, 2013 @ 9:00 A.M. 4. March 8, 2013 @ 9:00 A.M. 5. April 12, 2013 @ 9:00 A.M. 6. May 10, 2012 @ 9:00 A.M. Mayor Orthwein noted the upcoming meetings. There were no conflicts. 0 VII. PUBLIC HEARING. Clerk Taylor asked for declarations of Ex -Parte communication concerning the items on the Public Hearing Agenda. Commissioner Ganger stated that he spoke with Lisa Morgan concerning her objections to the N. Ocean Blvd. Overlay Permit request. Commissioner Anderson stated that she walked the strip of the proposed Overlay Request. Mayor Orthwein stated that she had a conversation with Lisa Morgan concerning her objections to the N. Ocean Blvd. Overlay Permit request. Clerk Taylor administered the Oath to Mark Grant, Esq., Tom Laudani, Richard Jones, Dave Bodker, Joe Pike, Martin O'Boyle, Lisa Morgan, Cuppy Kraft, Nancy Touhey, Ben Schrier, Joe Peterson and Guy Flora. A. Applications for Development Approval 1. An application submitted by Seaside Builders LLC, as agent for Harbor View Estates, LLC owners of property located at 1224 N. Ocean Blvd., Gulf Stream, Florida, legally described as Lot 5, Hidden Harbour Estates Plat II, Replat of Golf Course Addn. Lots 4, 5 & N 92' of Lt 6, Gulf Stream, Florida. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow removal of existing nuisance exotics and some native trees providing for a 13' clear zone from edge of roadway. For clarification, Mr. Randolph said the N. Ocean Blvd. Overlay Permit Application is listed as submitted by the Developer, but he said the Town is requesting the Overlay Permit as it relates to the Australian Pines plantings, the Developer is involved because the Town asked if he would sod and irrigate if approved, and the Developer has agreed to do SO. Commissioner Ganger asked Mr. Randolph if that statement was made at the October ARPB Meeting. Mr. Randolph said the statement was not made, but a presentation was made by Mr. Thrasher to that effect. The Developer's Attorney asked if the Commissioners would consider hearing the applications of the houses before hearing the Overlay Permit request. Commissioner Ganger asked Mr. Grant if he made the same request at the October ARPB Meeting. Mr. Grant said he is not taking a position on the Overlay Permit and he did not make the request, someone else requested the Agenda change. Mr. Randolph stated that Mr. Grant's request is appropriate. Mayor Orthwein agreed that the item will be addressed following the presentations of the houses. Attorney Mark Grant introduced himself and stated that he represents the Developer. He said the ARPB recommended approval, with conditions, of the two Level III Applications being heard, he asked that the Commissioners focus deliberations only on what is before them, and he Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 3 reserved the right to respond to any comments or questions concerning either application. Commissioner Ganger said a year ago everyone was concerned with what these six houses would look like and how it the subdivision would develop over time. Mr. Grant said these homes comply with all criteria and they will not have the cookie - cutter look. 2. An application submitted by Seaside Builders LLC as agent for Harbor View Estates LLC, owners of property located O at 1220 North Ocean Boulevard, Gulf Stream, Florida, legally described as Lot 4, Hidden Harbour Estates Plat Two, a replat of Lots 4, 5 & 6, Golf Course Addition according to the plat thereof as recorded in Plat Book 15, Pages 173 & 174, Public Records of Palm Beach County, Florida. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow the removal of existing nuisance exotics and extensive planting of native species and the installation of an entrance wall and gates, a portion of which is within the 50' corridor. ITEM WILL BE HEARD FOLLOWING ITEM VII.3.B. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a partial two -story Bermuda style single family dwelling, 3 car garage with bonus room above, 8,603 square feet, and a swimming pool. Richard Jones of Jones Architects introduced himself, he stated that he represents the Developer and he thanked the ARPB for their approval of the first three houses. He said all six houses in the subdivision will show diversity, they will be an asset to Gulf Stream and there will be nothing cookie - cutter about their design, detail or construction. Mr. Jones described the house on Lot 4 at the SE corner of the property as a partial two -story classic Gulf Stream Bermuda style with white - washed stucco, black shutters and railings, a white flat concrete tile roof with mitered corners and ample balconies surrounding the home on all four elevations. To break down mass Mr. Jones said they have arranged pieces of the structure around central courtyards providing outdoor spaces and they have created buffers with landscaping. He said the theme in the subdivision is carriage homes and all three homes have pool courtyards with ample outdoor living space, varied stepped roof lines and varied massing from one -story to two - story. Mr. Jones said to address the concerns of mass they added two balconies Oon the south elevation, similar to the balconies on front and rear elevations, and they added one balcony on the north elevation which faces an adjacent lot. He said the existing vegetation in the no -cut zone has been meticulously maintained by the Developer, and the proposed landscaping was designed by Dave Bodker who did the research, tagged the trees and visited the site making sure all species are accurately noted and preserved in the no -cut zone. Mr. Jones said the landscaping was designed to provide a buffer for existing neighbors as well as new residents, and he said this house will hardly be seen from the south elevation along Hidden Harbour Dr. Commissioner Ganger said the Developer assured everyone that he would maintain the character of the Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 4 property as well as the neighborhood and community, and he said it was a heavily- wooded property at the outset and it is expected that it will come back to that with six houses and heavy landscaping. Mr. Thrasher asked for the front setback on Lot 4 and Mr. Jones said it is very close to 100 feet from AlA and will be consistent with Lot 6. He said they want to recapture the estate -feel of the previous property O with long driveways and the houses set back. Mr. Thrasher asked the distance from the home as compared to the front edge of AlA. Mr. Jones said 50 feet from the edge of pavement to the structure would have met Code, but the distance is 115'. He said they pulled the structure back to nearly 100 feet with a straight drive that enters a motor court directly on axis with the front door, through the house, out to the pool and terminates at the 2 -story carriage house /3 -car garage, with no garage entry visible from AlA. Dave Bodker, Landscape Architect, introduced himself. Mr. Bodker said there are 19 existing trees along the south property line of Lot 4 which will be supplemented with a number of Green Buttonwood trees with under - plantings of Green Buttonwood shrubs, Wild Coffee, Silver Buttonwood and a variety of native shrubs along the outside of the retaining wall. He said Fishtail Palms, Alexander Palms, Oak Trees and Podocarpus Hedge will be planted along the interior of the wall. Mr. Bodker said the Podocarpus Hedge will be 4' high at planting and will grow about 6 inches to a foot a year. He said there is a variety of existing trees along AlA which will be supplemented with a large variety of native under - plantings in the buffer between AlA and the proposed entrance wall and gate. Mr. Bodker said they will remove some of the Brazilian Pepper Trees and replace them with Green Buttonwood Trees in that area. Mayor Orthwein asked why they are not planting more Ficus. Mr. Bodker said the nurseries are not releasing it due to White Fly. Mayor Orthwein said she understands that it is the State that mandates the removal of the Brazilian Peppers and other non - native vegetation and wanted everyone to be aware of that. Mr. Bodker confirmed that the State mandates the removal. Lisa Morgan of 1140 N. Ocean Blvd. asked Mr. Bodker to be more specific concerning the State Statute for the removal of Brazilian Peppers. Mr. Bodker said the State mandates that Brazilian Peppers on any property that is to be developed must be removed when the property is developed. He said they will remove some Brazilian Pepper and under -plant with native shrubs from 24" to 48" high. The plantings will be more formal in front of the wall and will include Clusia Hedge and Silver Buttonwood, and on the inside of the gate and around the motor court they will plant Live Oak Trees, Podocarpus Hedge and Mulberry. Taller palms will be planted along the 2 -story portion of the house and smaller native trees along the 1 -story portion on the north elevation, around the courtyard and pool area there will be a mixture of lush vegetation, and they will plant taller palms to soften the impact of the garage on the west elevation. Mayor Orthwein mentioned that this home will have a private driveway from AlA. Mr. Randolph stated that the ARPB raised the question of how to assure the neighbors and residents that the landscape buffer will remain in Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 5 place. He suggested a deed restriction be put in place, which would run with the land, and anyone purchasing the properties would know of the restriction that the buffer will remain in place. Mr. Randolph said the ARPB suggested he meet with Mr. Grant to come to an agreement on this, which he did. He said Mr. Grant has stated that the developer has no objection to a deed restriction which will provide that the buffer will remain in place and, if not, the Town can intervene, replace the buffer and place a lien on the property if necessary. Further, Mr. Randolph said the developer has agreed that this would also apply to Lot 3, which was previously approved. Commissioner Ganger said the Minutes indicate that this is a voluntary decision on the part of the Developer. Mr. Randolph confirmed that. Mr. Thrasher asked for the width of the driveway entrance off of AlA and Mr. Jones said it is 12 feet, and he said the actual motor court is lower than AlA, which will enhance the screening from AlA. Mrs. Morgan asked Mr. Bodker if he guarantees the hedge will grow to completely screen the wall. Mr. Bodker said he cannot guarantee that, but he said Green Buttonwoods will be planted at 32" to 48" on the lower outside of the wall that will grow to 12' in six to eight years. He said there will be a hedge on the upper level with 12' Fishtail Palms, 26' to 28' Alexander Palms on the west elevation to screen the 2 -story garage, and Green Buttonwoods under - planted with Silver Buttonwoods, providing three layers of plant material. Mrs. Morgan asked how far back from the 10' buffer would the improvements start. Mr. Bodker said the wall is 50 feet back from AlA, there are existing trees and they will plant 20' Green buttonwoods, native under - plantings inside and outside of the 10' buffer with a more formal setting near the wall in front of the property. Mrs. Touhey of 1200 N. Ocean Blvd. said she is unhappy over the removal of the Banyan Tree, she said the wall is incomplete, none of the trees have been replaced yet and she asked when replanting will begin. She said the wall stops at her driveway, which is off of Hidden Harbour Dr., there are sticks, under - plantings and debris in that area, and she said the Developer promised that the buffer would be immediate. Mr. Laudani said a lot of the wall is hidden by vegetation, but it extends west down Hidden Harbour Dr. about 30' to 40' to Lot 3. He said tree removal was restricted within the 15' buffer to the north and south and 10' to the west and, therefore, all of those trees remained in place. Mr. Laudani said the Banyan Tree was removed, but it was outside of the buffer zone and they immediately planted larger vegetation when they installed the walls. He said there will be further enhancement to all screening during construction of the homes on Lots 3 and 4 along Hidden Harbour Dr., offered to have Mr. Bodker meet with Mrs. Touhey in private to provide more detail and answer her questions. Mayor Orthwein asked when planting will begin. Mr. Laudani said it is usually toward the end of construction due to grading and physical constraints associated with the foundation, stem wall and lot construction. He said it is practical to plant at that time to ensure the survival rate of the plantings. Mr. Laudani said these trees will be covered under a covenant providing that future owners will be responsible to maintain them. Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 6 Mr. O'Boyle of 23 Hidden Harbour Dr. introduced himself and said there is a private agreement with the Developer providing that the canopy will not be touched, but he said he and Mrs. Touhey know the canopy was touched, and in a letter to Tom Murphy the Mayor acknowledge that it was damaged. He said he understands the Town cannot interfere in private agreements, but he said they are obligated to protect residents and it should be fixed. Mayor Orthwein asked Mr. O'Boyle to restrict comments O to the subject of the homes, and she said any other comments can be made during the public portion. Mr. O'Boyle asked if he could talk about drainage. Mr. Randolph said the engineer previously testified that they meet the requirements relating to onsite retention of water for all lots. He said it is a separate matter if Mr. O'Boyle is referring to drainage for the subdivision. Mr. O'Boyle said Mr. Pike also previously testified that the drainage was tied into the Hidden Harbour Estates drainage system for all six houses. Mayor Orthwein said the ARPB recommended approval of this application with conditions. Mr. Randolph said he and Mr. Grant are putting the deed restriction together and he asked the Commissioners if they are satisfied that the plans as presented provide sufficient buffer from Hidden Harbour. Further, he said construction is disruptive and he suggested that the Commission require construction screening be put in place. Mayor Orthwein asked Mr. Laudani about cleaning up the area Mrs. Touhey referred to and about erecting a construction buffer prior to construction. Mr. Laudani said they have done some cleanup and will do more, they will erect a temporary green screen inside the 15' buffer along Hidden Harbour property lines prior to construction, and he said he does not object to that being a condition of approval. He said once they break ground on the two lots the structures will be done in 10 months. Vice -Mayor Stanley asked if a condition should be added relating to the buffer going forward on each house. Mr. Randolph suggested a condition that the deed restriction will apply to Lot 3 and that there will be a sufficient buffer along Hidden Harbour Dr. Mr. Grant said there is a private agreement requiring the 15' buffer on the south to remain. He said they are willing to enter into that agreement with the Town and the Town can enforce the replacement of the 15' buffer, as well as any plant screenings on the lots, if damaged or removed. Mr. Randolph said now is the time for the Commission to require additional landscaping between Hidden Harbour Dr. and the homes it they feel it is necessary to create Omore buffer. Vice -Mayor Stanley asked about an exhibit to the deed restriction describing what the buffer consists of. Mr. Laudani said the landscape plan will be the exhibit. Vice -Mayor Stanley said that any additional landscaping required by the Commission today must then be added to the landscape plan. Mr. Grant asked the Commission to allow him and Mr. Randolph to work out the terms of the deed restriction for the buffer on lots along Hidden Harbour Dr. He said they are creating a Homeowners' Association that will be responsible for maintaining the private road and the 15' and 10' buffer areas, and the individual homeowners will be responsible for maintaining the landscaping beyond that. Mr. Randolph said as other Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 7 homes and landscape plans come before the Commission, consideration can be given at that time as to whether or not deed restrictions will be necessary. He asked if the proposed buffer height will be in place at the time of planting. Mr. Grant confirmed that saying that the landscape plan calls for specific vegetation height at planting. Mr. Laudani suggested that Mr. Randolph require that it be in place when the final landscape inspection takes place just prior to Certificate of Occupancy. He said the additional planting next to the canopy are will C) take place during construction and prior to completion of the homes. Mrs. Morgan said the deed restriction should include the buffer zone along AlA. She said vegetation can be destroyed in a storm or by accident and residents would like to know that what replaces destroyed vegetation will provide sufficient buffer at planting. Mr. Randolph said the intent of the deed restriction is to include the landscape plan as an exhibit and will provide that the owner of the property shall maintain in place the visual buffer in perpetuity and if an act of God strikes down one of those trees that property owner will be required to replace the tree so that the visual buffer remains in place. Mr. Grant added that the property owner will have to replace it with what was originally required in the landscape plan, which will be included as the exhibit to the deed restriction. Cuppy Kraft of 10 Little Club Rd. asked if there will be restrictions as to how high property owners can allow their screening vegetation to grow. For example, she said the Podocarpus Hedge will only be 4' at planting and does not seem sufficient for screening. Mr. Randolph said the deed restriction will provide that if the Town Commission feels there is a break in the buffer and the property owner does not take care of it, the Town can address it and place a lien on the property. He said the Commissioners must make a determination today as to whether the plan meets their satisfaction for screening the property. Commissioner Anderson suggested including an "at least ". Commissioner Ganger said it is important for the Commission to consider screening height. Mr. Randolph said he did not think the Podocarpus was being planted to screen the house. Mr. Bodker explained that the vegetation will be tiered and he said the Podocarpus Hedge is the lower tier with some existing Areca Palms. The next tier of proposed foliage will be planted at 12' and there will be another tier of taller Alexander Palms behind that. He said the plant list is on the plans and include the installation heights. 0 Mrs. Touhey recommended other native vegetation to be used. Mrs. Morgan said the surrounding neighborhood has more variety of vegetation. Mr. Bodker said everything he is using in the buffer is native. Mr. Grant said Mr. Bodker is a licensed landscape architect and has proposed native vegetation that will provide the best screening, and he asked the Commission to approve the plan as presented. Commissioner Ganger said he believes they have presented a good plan and suggested they move on to make a decision. Mr. O'Boyle commented that each Commissioner voting for approval should have reviewed the plan and be satisfied with every aspect and, if not satisfied, they should vote for disapproval. In addition, he said once Mr. Grant and Mr. Randolph have completed the Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 8 deed restriction, residents should be allowed to review and make comments at the next meeting. Mayor Orthwein asked for Commission comments. Vice -Mayor Stanley said in terms of the house he is satisfied with the plan as presented. Commissioner Anderson said she would prefer further definition of screening height and Mayor Orthwein agreed. Commissioner Ganger also O agreed that the screening height should be that it be maintained at 6'. Mr. Randolph a separate motion for the deed restriction deed restriction will provide. He said it will be screened in the manor as stated in can say that the hedge will be maintained better defined and suggested said the Commission can make and he explained what the can provide that the house the exhibit attached and it :o at least 6 feet. Commissioner Dering moved and Commissioner Ganger seconded to approve Level III Architectural /Site Plan based on a finding that the proposed partial two -story single family Bermuda style dwelling, a 3 -car garage with a bonus room, a total of 8,603 SF, and a swimming pool meet the minimum intent of the Design Manual and applicable review standards with the following conditions: 1. The electric service lines shall be buried. 2. The roof shall be white (through and through) un- textured uncoated flat cement tile. 3. Any minor modifications in the landscape plan shall be submitted to the Town Manager for review and approval and any major modifications shall be brought back to the ARPB for review and approval, prior to commencement of landscaping. 4. Wall and /or fences will be measured from the lowest abutting grade with a maximum height of 6' including any lighting fixtures that may be attached. 5. All chain link fencing will be screened from neighbor's view. 6. Construction fencing will be erected prior to any work activity. 7. Landscaping, approved as submitted, will provide sufficient screening from Hidden Harbour Dr., and a deed restriction, as drawn by Town Attorney John Randolph and Attorney for the Developer Mark Grant, will apply to ensure the continuation of the buffer. There was no discussion. All voted AYE. Mayor Orthwein called for a 5- minute break at 10:50 A.M. The Public Hearing commenced at 10:55 A.M. 3. An application submitted by Seaside Builders as agent for Harbor View Estates LLC, owners of property located at 1230 N. Ocean Blvd., Gulf Stream, Florida, legally described as Lot 6, Hidden Harbour Estates Plat Two, being a re -plat of Lots 4, 5 & 6, Golf Course Addition, Gulf Stream, Florida. a. NORTH OCEAN BLVD. OVERLAY PERMIT to allow removal of existing nuisance exotics providing for a 13' clear zone from the edge of roadway and extensive planting of native species and installation of a 6'high aluminum rail fence 12' west of the east property line that will be screened with landscape Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 9 material. ITEM WILL BE HEARD FOLLOWING ITEM VII.3.B. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of an 8,857 square foot Colonial West Indies style partial two - story, single family dwelling, attached 2 car garage with 6' high walls and fences screened with landscape material around the property, and a swimming pool. C> Mr. Jones described the proposed house on Lot 6 at the NE corner of the subdivision as a partial 2 -story Colonial West Indies style dwelling, providing a variation in design, but with the similar theme of breaking mass by pulling portions of the structure into other structures all connected under roof and forming courtyards. He said this house will have varied roof lines with charcoal gray - colored slate -look flat tile with gable ends. The second level will have lap siding with a slight variation in color from the smooth stucco texture below, which is characteristic of the Colonial West Indies style. Mr. Jones said he received a letter from Marty Minor of Urban Design Kilday Studios addressing how they meet the intent of breaking down mass by alternating the texture of the exterior wall material and variation of color on the second level, and also by exploring an alternative to the half -moon feature window and flattening it a bit, as recommended by Amanda Jones of the ARPB. He said other distinguishing details that have been incorporated is solid wood overlay over the garage doors, the solid mahogany front doors, a series of wood brackets and a consistent, but slightly varied, window design. Mr. Jones said the proposed landscape design for this lot, though more dense, will be similar to the landscape design for Lot 4. Commissioner Ganger asked about the wood on the garage door. Mr. Jones said it is a metal door with a ," solid skin wood overlay with a Cypress or Cedar stain. Commissioner Anderson complimented the alternate half - moon window. Commissioner Ganger said this house has a very unique look and asked if there are any homes in Gulf Stream with a similar look. Mr. Jones said the Colonial West Indies style is very popular in South Florida and there are some in Palm Beach and Delray Beach. Vice -Mayor Stanley asked about the wall around the front of this property. Mr. Jones said there is a wall with very heavy landscape vegetation. He said this house is under contract and they have asked for more landscaping than typical for privacy purposes. Commissioner Dering asked if a deed restriction would be required for the north side. Mr. Randolph said his deed restriction concerns relate to the Hidden Harbour side, not the north. He said the conditions included in the motion require the property owner to go back to the ARPB with major modifications to the landscaping and to the Town Manager with minor modifications. Commissioner Dering asked if we will require future homeowners to maintain the 10' buffer on the north side. Mr. Randolph said only if it is a concern of the Town. Commissioner Dering asked if there are any landscaping restrictions between the west side of Lot 6 and the east side of Lot 1 where they face each other on the inside of the property. Mr. Bodker said there are no restrictions on the inside Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 10 of the property. Commissioner Ganger said this landscaping is very lush and sets the bar pretty high. Mr. Bodker displayed the west elevation of the house showing a fence around the property line with a hedge along the fence. He pointed out the interior spine road coming in off of AlA and turning north where Royal Poinciana and Live Oak trees will be planted around the property. Mr. Bodker said it is not a complete buffer there, but it is adequate �} for the neighborhood on the interior of the property. Mr. Thrasher asked Mr. Jones to identify the setback of this home from the property line and from paved edge of road. Mr. Jones said the carriage house is quite a bit in front of the main structure and the setback from AlA is 87 feet with an additional 15 feet to paved edge of road making it almost 100 feet. Nancy Wibblesman, a resident of Gulf Stream, asked if the Developer could erect a construction fence on the north side of the property to protect those neighbors. Mr. Laudani said he would be happy to erect construction fencing along the north side property line. Mrs. Morgan stated that Mr. Himmelrich, whose house faces south toward this property, wanted to attend this meeting and had a conflict. On his behalf, Mrs. Morgan said he would ask for the same courtesy of a deed restriction to maintain the buffer on his side. Mr. Laudani stated for the record that he is in the process of meeting with Mr. Himmelrich and Mr. Elmore to address the issue. Commissioner Dering moved and Commissioner Anderson seconded to approve Level III Architectural /Site Plan based on a finding that the proposed partial two -story single family 8,857 SF Colonial West Indies style dwelling, attached 2 -car garage, with 6' walls and fences, screened with landscape material around the property and a swimming pool meet the minimum intent of the Design Manual and applicable review standards with the following conditions: 1. Replace the two half -moon windows as shown on the north and south elevations with the proposed alternative design as presented. 2. The electric service lines shall be buried. 3. Any minor modifications in the landscape plan shall be submitted to the Town Manager for review and approval and any major modifications shall be brought back to the ARPB for review and approval, prior to commencement of landscaping. 4. Wall and /or fences will be measured from the lowest abutting grade with a maximum height of 6' including any lighting fixtures that may be attached. 5. All chain link fencing will be screened from neighbor's view. 6. Construction fencing will be erected along the north side property line prior to any work activity. 7. Landscaping, approved as submitted, will provide sufficient screening along the north side of the property, and a deed restriction, as drawn by Town Attorney John Randolph and Attorney for the Developer Mark Grant, will apply to ensure the maintenance of the 10' buffer on the north side. There was no discussion. All voted AYE. Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 11 For the Record, Mr. Randolph said there will be a deed restriction for Lot 3 for the landscape buffer to the south along Hidden Harbour Dr. He said this was a voluntary from the property owner. Mayor Orthwein called for a motion. Commissioner Dering moved and Commissioner Anderson seconded to impose a deed restriction for the landscape buffer to the south along Hidden Harbour Dr., and along the north property line and the east property line. There was no discussion. All voted AYE. OMrs. Touhey said the hours of construction have frequently been abused and she requested that the Town enforce the construction hours are from 8:00 A.M. to 5:00 P.M. The Commissioners agreed that the Town will enforce the hours of construction. A. Applications for Development Approval 1. An application submitted by Seaside Builders LLC, as agent for Harbor View Estates, LLC owners of property located at 1224 N. Ocean Blvd., Gulf Stream, Florida, legally described as Lot 5, Hidden Harbour Estates Plat II, Replat of Golf Course Addn. Lots 4, 5 & N 92' of Lt 6, Gulf Stream, Florida. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to allow removal of existing nuisance exotics and some native trees providing for a 13' clear zone from edge of roadway. Mr. Thrasher said the developer has addressed everything west of the clear zone with deed restrictions for Lots 4 and 6 and is not required to present this issue of the clear zone. As a representative of the Town, Mr. Thrasher said he asked the Developer if he would provide the sodding, irrigation and landscaping of the clear zone and he agreed to do so. He said he prepared a simple drawing of the area as it relates to this property for the Overlay Permit and copies are available. Mr. Thrasher said the North Ocean Blvd. Permit would cover an area that is 50' west of the property line, and also running to the other right - of -way line on the east side of AlA, but he said we are talking about approximately 651. He said Town Code prohibits a principal structure to be located in the 50' area from property line west 501, but he said a minor accessory structure can be placed within 30' of that. Mr. Thrasher said he is talking about an area that is abutting AlA as it relates to this property and travels west about 651. He said he identified the clear zone and modified the distance so that the width of clear zone is 11' rather than 131. In addition, Mr. Thrasher said he identified the trees proposed to be cleared to provide for planting of Australian Pines. Mr. Thrasher read a section of Special Act obtained by the Town of Gulf Stream in Chapter 96 -502, HB 1792, which states, "In order to preserve the historic character and integrity of AIA, and notwithstanding the provision of Statute 369.251 FS, the Town of Gulf Stream is hereby authorized to engage in the cultivation of Australian Pine for the purpose of maintaining the historic character of that portion of AIA between Pelican Lane and Sea Road." He said since this Act the Town has placed a condition of approval on every home to allow the planting of Australian Pines. Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 12 Mr. Thrasher said the proposed trees for removal are identified on his drawing, which he summarized, and he explained the mitigation by the Developer. He said the Florida Holly, or Brazilian Pepper, is an exotic invasive species, the Almonds are native and non - invasive. The Developer agreed to mitigate them in like manner /like size, and has the option of providing a minimum of a 4" caliper in the proper number of O replanting of trees to mitigate the entire inches of the Almond Tree. Mr. Thrasher said after the removal of trees there will be space between the clear zone and the buffer zone varying in size from 4' on the north lot to 0' in the middle lot, and then 2' to 3' on the south lot. He said there will be an area with some native trees and underbrush, the buffer zone will not be touched, underbrush and 10 trees will remain on Lot 4, underbrush and 8 trees on Lot 5 and underbrush and 1 tree on Lot 6. Mr. Thrasher said the area to be cleared is 11' from the edge of road rather than 131, there will be remaining native vegetation a minimum of 10' from the property line, in some cases extending eastward, which will provide existing underbrush and trees. Mayor Orthtwein commented that this information was not given to the ARPB and that it is a new compromise. Mr. Thrasher said the proposal sent to the ARPB was a 13' clear zone and this proposal is modified to an 11' clear zone. Mayor Orthwein said the Town received several letters concerning this matter and she asked Clerk Taylor to enter the letters into the record at this time. Clerk Taylor said those who wrote letters asked that they be read into the record, and she said some are identical and others are similar. Clerk Taylor read the following letters into the record: 1. James Neeves, of 11 Hidden Harbour Dr., who is in favor of the North Ocean Blvd. Overlay Permit and believes it will resolve an existing safety issue when turning onto AlA from Hidden Harbour Dr.; 2. Tom Smith of 1122 N. Ocean Blvd., a neighbor of the former Spence Property, who expressed his opposition to the removal of foliage along AlA saying it will not be in keeping with surrounding properties and it will accentuate the look of a development. Further, Mr. Smith is concerned with the preservation of native foliage; 3. Letters from Randy Ely of 3311 Polo Dr. and Wendy Overton of 2525 Pelican Way, both opposed to the removal of native natural foliage inside the 13' clear zone from the edge of AlA. 4. Barbara Whitaker of 1120 N. Ocean Blvd. asked the Commission to ^� deny the application developed at 1220 N. 13' clear zone reque not want the natural 5. Patricia Knobel that the natural and will be destroyed. for the Overlay Ocean Blvd., or sted. She added hammock destroys of 1255 opposes native hammock, Permit for the property being to approve it without the 11' to that the neighbors and residents do mod. the Overlay Permit due to concerns which has existed for many years, Clerk Taylor said the letters from George Elmore of 1320 N. Ocean Blvd. and Jennifer Morris of 24 Hidden Harbour Dr. are both in opposition of the Overlay Permit and very similar to the letter from Patricia Knobel, expressing the same concerns for the preservation of the native Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 13 vegetation and natural hammock. All letters received by the Town concerning the North Ocean Blvd. Overlay Permit will be filed in the Official Records of the Town of Gulf Stream. Commissioner Ganger said a considerable number of Australian Pines exist on the east side of AlA and if more are planted on the west side it will eventually create more canopy, but he said it is difficult to visualize now. He expressed concern that we may weaken the program if we do not �) plant now. From a legal standpoint, Mr. Randolph said the Town must look at each case in the future. Mr. Thrasher said the Sea Grapes are very close to the clear zone and, realistically, they should be removed, but he said the mature canopy Sea Grapes will be protected. He said the trees proposed for removal will come out and the Australian Pines will be planted appropriately. In this program, Mr. Thrasher said almost 100 trees have been planted to date, they are growing and in some cases very successfully, and he said 40 to 60 trees are proposed for this project. He said there are no alternatives in the process other than what has been presented. Mr. Thrasher said it is difficult to visualize what will it will look like, but the bareness will be gone, and he said we should take the opportunity presented to us because it may be the last. Mayor Orthwein said this is a compromise to the proposal presented to the ARPB and everyone has a better understanding now. She said she prefers to stand by ARPB recommendations, but to be responsible the ARPB should be on board with this compromise. Commissioner Ganger said it would be difficult to vote on this today based on the drawing submitted by Mr. Thrasher, but he said we should not ignore this opportunity. Commissioner Dering asked if someone could provide a realistic rendering of the existing appearance, what it will look like at planting and then five years later. He said both the Commission and the ARPB should have an opportunity to see it. Mayor Orthwein suggested a joint workshop or joint special meeting with the ARPB. Vice -Mayor Stanley said there are some issues that are not mentioned in the letters of opposition, such as the area may look too organized rather than natural. Commissioner Ganger asked if the Commission and the ARPB can jointly attend a workshop. Mr. Randolph said they can, but he said it should be a joint special meeting in order to be able to make decisions. He asked if there was a landscape architect who would volunteer to do a rendering. Mr. Bodker said he can do the rendering, but he asked if he could first address some liability Oissues concerning visibility. He said visibility is a concern at that corner entering AlA, and AlA it is a DOT Road. DOT visibility is based on the designated MPH for AlA. Mr. Bodker said if he agrees to do the rendering he will adhere to all legal aspects of it and will protect DOT visibility lines, which are 450' to 460' based on 35 MPH. Mayor Orthwein stated that she wants the public to be informed of the Joint Special Meeting. Mr. Randolph said the next Commission Meeting is scheduled for Friday, December 14th at 9:00 A.M. and should be advertised as a Joint Commission and ARPB Special Meeting. Mr. Bodker said he can have a rendering prepared in time. Commissioners Dering and Anderson asked if the information can be ready for distribution one week prior to Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 14 the meeting. Clerk Taylor said the Meeting Notices will go out one week prior to the Meeting and the public will be welcome to view the renderings at Town Hall. Vice -Mayor Stanley moved and Commissioner Anderson seconded to defer the North Ocean Blvd. Overlay Permit request to a time certain of December 14, 2012 at 9:00 A.M. when the Town Commission and the ARPB will hold a Joint Commission and ARPB Special Meeting. There was no discussion. All voted AYE. 4. An application submitted by Benjamin Schreier, G Affiniti Architects, as Agent for Doris J. Gillman, the owner of property located at 3333 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as Part of Lot 5, Gulf Stream Ocean Tracts, Gulf Stream, Florida. a. NORTH OCEAN BOULEVARD OVERLAY PERMIT to remove existing landscape material and driveway, install new driveway and landscaping and construct5 foot perimeter wall with entry gate within the North Ocean Boulevard Corridor. b. LAND CLEARING PERMIT to relocate /clear existing landscaping material for relocation of driveway, preparation of building site and property beautification. C. DEMOLITION PERMIT to remove existing structures. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a 9,036 square foot Colonial West Indies style partial 2 -stor single family dwelling, 3 car attached garage and a swimming pool. Benjamin Schrier of Affinity Architects introduced himself and stated that he represents the property owner, Doris Gillman. Mr. Schrier described the proposed house as a 9,032 SF 2 -story Colonial West Indies style dwelling with an attached 3 -car garage, a swimming pool, wall and gate. He said it will have white clapboard siding and stucco, a concrete tile roof providing a cedar shake appearance with mitered corners, the window frame will be brown and the body of the house and the shutters will be white. Mayor Orthwein asked about the Coconut Palms in the front that are tagged. The Landscape Architect for the project, Joe Peterson, said the trees are tagged to be removed and Australian Pines will be planted. Commissioner Ganger said he understood that the Town received a grant to Oplant those trees and they could not be removed. Mr. Thrasher asked Mr. Peterson if any of them are damage or diseased and he said they are not. Clerk Taylor said they can get approval from the DOT when they apply for the DOT permit for the driveway. Vice -Mayor Stanley asked if the gate issue had been resolved. Mr. Schrier said the ARPB recommended approval of the alternate design, which is flat across the top, but he said the owners prefer the originally proposed gate with the elliptical design and he asked the Commission to consider that. Vice -Mayor Stanley explained that it is the elliptical design that appears ornate, which is discouraged, but he Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 15 said it does not have to be flat across the top. Commissioner Ganger commented on another gate issue where the property owner installed a gate with an ornate - looking family crest, it was not approved and he had to take it down and replace it at his expense. Mr. Thrasher said if there are no alternative designs from the original design and that which was recommended by the ARPB, the Commission should go with the ARPB recommendation. Commissioner Ganger said the applicant is welcome to go O back to the ARPB with another alternative design for the gate if they wish to pursue the matter. Clerk Taylor said the neighbors on each side of the property were in to see the plans and there were no comments concerning the gate. She said Mrs. Schwartz had other concerns which were addressed by the ARPB. Vice -Mayor Stanley moved and Commissioner Ganger seconded to approval the North Ocean Boulevard Overlay Permit to allow the removal of existing landscape material and driveway, install new driveway and landscaping and construct a 5' perimeter wall with entry gate within the North Ocean Boulevard Corridor. There was no discussion. All voted AYE. Commissioner Dering moved and Vice -Mayor Stanley seconded to approve a Land Clearing Permit to relocate /clear existing landscaping material for relocation of driveway, preparation of building site and property beautification. There was no discussion. All voted AYE. Commissioner Dering moved and Commissioner Ganger seconded to approve a Demolition Permit to remove existing structures. There was no discussion. All voted AYE. Commissioner Anderson moved and Vice -Mayor Stanley seconded to approve Level III Architectural /Site Plan based on a finding that the proposed construction of a 9,036 SF Colonial West Indies style partial 2 -story single family dwelling, 3 -car attached garage and a swimming pool meet the minimum intent of the Design Manual and applicable review standards with the following conditions: 1. The electric service lines shall be buried. 2. Any minor modifications in the landscape plan shall be submitted to the Town Manager for review and approval and any major modifications shall be brought back to the ARPB for review and approval, prior to commencement of landscaping. 3. Wall and /or fence will be measured from the lowest abutting grade with a maximum height of B' including any lighting fixtures that may be attached. 9. All chain link fencing will be screened from neighbor's view. 5. The landscape plan will protect existing Australian Pine Trees Oand provide a 13' clear zone where possible allowing for the planting by the Town of two Australian Pine Trees on the south of the existing driveway entrance and up to eight on the north side of the existing driveway. 6. Change the proposed gate design to the alternate gate design that is less ornate. The agent has shown several gates along SR AlA, several of which are fronting homes classified with Mediterranean style architecture. 7. The property owner shall give the neighbor to the south 30 days notice prior to commencement of construction. There was no discussion. All voted AYE. Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 16 Mr. Thrasher made note that beginning December 1St demolition is a restricted activity in Gulf Stream. VIII. Reports. A. Utility Undergrounding -Danny Brannon (Engineer) Mr. Brannon said about half of FPLs cost estimates have been received and they are waiting for their design information. Mayor Orthwein asked O how long before we can go to bid. Mr. Brannon said once the designs are received and the plans are synchronized, the Town can issue RFPs. He said he would like to go out for bid in November, but they have been pushing to receive costs and designs. Mayor Orthwein asked about the cost of lighting along AlA. Mr. Brannon said it will cost about $1.2 million if FPL does the work, which is line with what was expected. He said the Town will issue an RFP for construction work, giving them more control over destruction of landscape and hardscape by holding contractors liable. The Town will have the option of using FPL or a secured contractor. Mr. Brannon said the Town will issue an RFP for a Continued Services Contract with a landscape company to clear the areas for placing transformers and switches. With regard to switches, Mr. Brannon said FPL called for the standard switches. He said Vista switches cost about $35,000 more than standard switches, they are resistant to flooding conditions and are smaller in size. It will cost about $140,000 to change to Vista Switches, but Mr. Brannon said he budgeted for Vista switches. Mr. Brannon talked about salvage value which is the value of materials after useful life that can be sold, such as copper wire. He mentioned an ordinance he and Mr. Thrasher discussed which provides that when underground facilities are available, residents shall convert their facilities to the underground and all future facilities shall be underground. In addition, he said if you leave any overhead poles or facilities within the undergrounding area FPL will take back the (Government Adjustment Factor) GAF waiver, which comes to about $1 million for this project. Mr. Brannon said FDOT has a for providing lighting on a per year, and he said if we all of the lights and there still receiving information standard is to have a light Oto at least replace what is not uniform and he may have provision that will reimburse a municipality State Road at the rate of $201.00 per light use FPL lights the agreement would pay for will be no cost to the Town. He said he is on FDOT requirements, but he said the every 150 feet on each side of the road and removed. Mr. Brannon said the lighting is to discuss redistribution with FDOT. Mrs. Wibblesman asked for the status of laying fiber optics in the trenches so they can update cable. Mr. Brannon said that Comcast has come out with new cable and their service has progressed. However, he said AT &T is trying to figure out what to do with U- Verse, it is still experimental and they will not commit to installation. Commissioner Ganger said AT &T said they will abandon all of their landlines and asked if the Town would be in a position to be obligated to go with Comcast. Mr. Brannon said most of their resources have moved to wireless. Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 17 Mr. Boardman said there is concern as to what the street lights will look like. He said he heard it could cost $3,000 per light if we vary away from the FPL standard lighting to upgrade and he asked if there are options. Mr. Brannon said the standard issue is the traditional light on the fiberglass pole or Cobra Head on a concrete pole, there is no cost for installation and the monthly fee is about $15. He said upgrading through FPL is very expensive, they charge about 40% plus cost O to install and there is a monthly fee, which is why almost nobody takes their premium plan. Mr. Brannon said you can upgrade if you buy, install and maintain, which runs from $250,000 to $500,000 and this is the decision the Town has to make. Commissioner Ganger said the cost for lighting could not be included the assessment and he asked if the Town wants to spend $500,000 on fancy lights. He said the Commission will do what is right for the community, but if lighting is that important to the community our residents should attend the meetings. B. Town Manager - No Report C. Architectural Review & Planning Board 1. Meeting Dates a. November 15, 2012 at 8:30 A.M. b. December 27, 2012 @ 8:30 A.M. c. January 24, 2013 @ 8:30 A.M. d. February 28, 2013 @ 8:30 A.M. e. March 28, 2013 @ 8:30 A.M. f. April 25, 2013 @ 8:30 A.M. Mayor Orthwein noted the upcoming meeting dates of the ARPB. D. Finance Director 1. Financial Report for October 2012 2. Optional Format - Financial Report for October 2012 Mr. Thrasher requested that the Financial Report for October be approved as submitted. Commissioner Dering commented that note payable is not right, and he said the report does nothing more for him than the last report. Commissioner Ganger asked when the Town will start to collect property taxes that were paid by taxpayers on November 30th. Clerk Taylor said we have received about $2,900 so far and there is a list of dates when the Town can expect additional payments. She said the payment due at the end of November will be substantial. Commissioner Ganger asked if the Town is reimbursed for locates. Mr. Thrasher said the Town is not reimbursed. Commissioner Ganger moved and Vice -Mayor Stanley seconded to approve the Financial Report for October 2012. There was no discussion. All voted AYE. E. Police Chief 1. Activity for October 2012 Lieutenant Allen requested that the Activity Report for October 2012 be accepted as submitted. The Report was accepted by the Commission. Ix. Items for Commission Action. A. Items by Mayor & Commissioners There were no items by the Mayor or the Commissioners. O Regular Meeting and Public Hearing Town Commission - November 9, 2012 Page 18 X. Public. Cuppy Kraft of 10 Little Club Rd. said it is difficult to see the drawings and renderings displayed by architects during their presentations. She said it was discussed at an earlier ARPB meeting about architects making their presentations with some of the newer technology and she asked about the status of the Town updating their technology for that purpose. Mayor Orthwein said it is expensive and this year the Town had to replace their accounting software; however, she said they will discuss the matter in the future. Mrs. Kraft said the City of Delray Beach has a new plan for Atlantic Blvd. at Federal Hwy and she asked the Commission if they would consider making a recommendation supporting their plan. Mr. Thrasher said it is a Delray Commission decision. Commissioner Ganger said Gulf Stream residents could show their support as private citizens. Commissioner Dering agreed with Mr. Thrasher and Commission Ganger saying it would not be the Town Commission's place to do so, but he said residents could show their support as individuals. XI. Adjournment. seconded to adjourn Orthwein adjourned r Commissioner the Meeting. he Meeting at Gail °C. Abbale Administrative Assistant Dering moved There was no 1:05 P.M. and Commissioner Anderson discussion. Mayor