HomeMy Public PortalAbout12/14/2012NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL
NOTICE IS HEREBY GIVEN that the Architectural Review and
Planning Board of the Town of Gulf Stream will hold a Public
Hearing on Thursday, December 27, 2012 at 8:30 A.M., and the Town
Commission will hold a Public Hearing on Friday, 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 Rene Tercilla, Tercilla
Courtemanche Architrects, Inc. as agent for The Gulf Stream
School Foundation, Inc., owners of property located at 3600
Gulf Stream Road, Gulf Stream, Florida, legally described as
A parcel of land lying in Section 3, Township 46 South, Range
43 East, Palm Beach County, Florida, for the following:
VARIANCE #1 to allow an increase in total floor area that
will exceed the 61,737 square feet allowed in the existing
Developer's Agreement by 1,617 square feet.
VARIANCE #2 to permit an increase of 1,765 square feet over
the 6,000 square feet permitted for the second floor area in
the existing Developer's Agreement.
DEMOLITION PERMIT to demolish the existing one story pavilion
consisting of 1,681 square feet.
LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to replace and enlarge
the first floor pavilion and add three second floor
classrooms, an interior corridor and an exterior covered
walkway and stairs, a total of 4,875 square feet.
The Architectural Review and Planning Board shall make a
recommendation to the Town Commission, and the Town Commission
shall make a final decision regarding the subject application at
the meetings noticed above. These meetings may be adjourned from
time to time and place to place as may be necessary to hear all
parties and evidence.
The complete application materials are on file in the Office
of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida
33483, and may be reviewed during regular business hours, which
generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M.
ALL PARTIES INTERESTED IN THESE MATTERS may appear before the
Architectural Review and Planning Board and the Town Commission of
the Town of Gulf Stream at the times and place aforesaid and be
heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY
THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS,
SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH
PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S.
Dated: November 26, 2012
Publish: Palm Beach Post
December 15, 2012
December 26, 2012
January 5, 2013
TOWN OF GULF STREAM, FLORIDA
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Rita L. Taylor, Town Clerk
The Palm Beach Post
REAL NEWS MM NIX
Palm Beach Daily News
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PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally
appeared Angela Pace, who on oath says that she
is Call Center Legal Advertising Representative 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 NO.
68998NOTICE OF APPLICATION FOR DEVEL
was published in said newspaper in the issues of
12/15/2012. 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 affant 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.
Ad ID: 68998
Ad Cost: 1,104.24
POP
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P,lONlCA HACKMAN, Notary Public
in and for the State of Ohio
hj Cemm ;ssion Expires September 30. 2014
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APPLICATION FOR DEVELOPMENT APPROVAL
NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board
of the Town of Gulf Stream will hold a Public Hearing on Thursday, 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 Friday, January 11, 2013 at 9:00 A.M.,
both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream,
OFlorida, at which the following will be considered:
An application submitted by James Boyce of OK Seahorse LLLP
as agent for OK Seahorse LLLP, owners of the property located at 4001
N. Ocean Blvd., Gulf Stream, Florida, which is legally described in
metes and bounds in Sec. 34, Twnsh. 45 south, Range 43 east in Palm
Beach County, to consider the following:
DEMOLITION PERMIT to demolish the existing southern most dune
crossover.
SPECIAL EXCEPTION to permit the relocation and reconstruction of the
existing southern most dune crossover to a location that is 15 feet
north of the south property line at the above address.
LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to rebuild the southern most
dune crossover in a new location that is 15 feet north of the south
property line of 4001 N. Ocean Blvd. that will be the same size as the
existing structure.
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
C VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105,
F.S.S.
Dated: December 7, 2012
TOWN OF GULF STREAM, FLORIDA
Rita L. Taylor, Town Clerk
a
MAYOR:
VICE MAYOR:
COMMISSIONER:
CHAIRMAN -ARPB:
VICE CHAIRMAN:
ARPB MEMBER:
ALTERNATE MEMBER:
Joan K. orthwein
Thomas M. Stanley
Muriel J. Anderson
W. Garrett Dering
Robert W. Ganger
Scott Morgan
Amanda Jones
Thomas Smith
Malcolm Murphy
Paul Lyons
George Delafield
December 7, 2012
A JOINT MEETING AND PUBLIC HEARING OF THE TOWN COMMISSION AND THE
ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM BEING
HELD ON FRIDAY, DECEMBER 14, 2012 AT 9:00 A.M., IN THE TOWN HALL, 100
SEA ROAD, GULF STREAM, FLORIDA.
AGENDA
I. Call to Order
II. Pledge of Allegiance.
III. Roll Call.
IV. PUBLIC BLARING (Continued from November 9, 2012)
A. Applications for Development Approval
1. Applications submitted by Seaside Builders LLC as agent
for Harbor View Estates LLC, owners of property located
at 1220, 1224 and 1230 North Ocean Blvd, Gulf Stream,
Florida legally described as Lots 4, 5 and 6 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 PERMITS covering the AIA
right -of -way adjacent to these three lots to allow
removal of existing nuisance exotics and some native
trees to provide for an 11' clear zone from edge of
roadway for the planting of Australian pine trees by
the Town and the replanting of some native species.
V. Public.
VI. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION AND THE ARCHITECTURAL REVIEW AND PLANNING BOARD 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 WHTCH THE nnnFnT. TO Mn Mc nAO., nn' ..
A JOINT MEETING AND PUBLIC HEARING OF THE TOWN COMMISSION AND THE
ARCHITECTURAL REVIEW AND PLANNING BOARD OF THE TOWN OF GULF STREAM HELD
ON FRIDAY, DECEMBER 14, 2012 AT 9:00 A.M., IN THE TOWN HALL, 100 SEA
ROAD, GULF STREAM, FLORIDA.
I. Call to Order. Mayor Orthwein called the Meeting to order at
9:00 A.M.
Ii. Pledge of Allegiance. The Pledge of Allegiance was led by the
Mayor.
III. Roll Call.
Present and Joan K. Orthwein Mayor
Participating Tom Stanley Vice -Mayor
Muriel Anderson Commissioner
W. Garrett Daring Commissioner
Robert W. Ganger Commissioner
ARPB Members
Present and Scott Morgan Chairman
Participating Amanda Jones Vice - Chairman
Malcolm Murphy Board Member
Paul Lyons Board Member
Tom Smith Board Member
Also Present Ann Aker Alt. Member
Absent w /Notice Beau Delafield Alt. Member
Also Present and William Thrasher Town Manager
Participating Rita Taylor Town Clerk
John Randolph Town Attorney
Garrett Ward Police Chief
Dave Bodker of Dave Landscape Arch.
Bodker Landscaping
Mayor Orthwein announced that this meeting is continued from November 9,
2012 and that it is a Joint Meeting of the Town Commission and the
Architectural Review and Planning Board.
IV. PUBLIC HEARING (Continued from November 9, 2012)
A. Applications for Development Approval
1. Applications submitted by Seaside Builders LLC as agent
for Harbor View Estates LLC, owners of property located
at 1220, 1224 and 1230 North Ocean Blvd, Gulf Stream,
Florida legally described as Lots 4, 5 and 6 Hidden
O Harbour Estates Plat II, Replat of Golf Course Addn.
Lts 4, 5, & N 92' of Lot 6, Gulf Stream, Florida.
a. NORTH OCEAN BOULEVARD PERMITS covering the AlA
right -of -way adjacent to these three lots to allow
removal of existing nuisance exotics and some native
trees to provide for an 11' clear zone from edge of
roadway for the planting of Australian pine trees by
the Town and the replanting of some native species.
Dave Bodker, Landscape Architect, introduced himself and said, at the
Town's request, he will present a schematic plan that indicates the 11-
foot area to be cleared along AlA at the Harbor View property. He said
the purpose of the 11 -foot clear area is to enable the Town to plant
Joint Meeting of the Town Commission and the
Architectural Review And Planning Board
December 14, 2012
Page 2
Australian Pines as part of their streetscape program, and he said the
developer of Harbor View Estates has agreed to clear, irrigate and sod
the area if the Town would like him to do so. Mr. Bodker referred to
the schematic plan, which was included in the Commission and ARPB
Meeting packets, and explained that the area to be cleared is designated
by the pink line running across, the area in green indicates DOT safe
^ visibility lines, which are in line with the area to be cleared, and the
(v) heavy black line indicates the Harbor View property line. He said
neither the 11 -foot clear area nor the visibility lines encroach on the
private property. Mr. Bodker summarized the species of the 14 trees
marked for removal, explaining that the blue rea indicates the low shrub
vegetation which needs to be removed to create the 11 -foot clear area,
and said the 11 -foot clear area is contained in the DOT right -of -way.
He noted that, based on the 35 MPH speed limit on AlA in this area, an
18' recovery zone is required by the DOT, but a reduction in width can
be requested by the Town. Mr. Bodker said the trees indicated by heavy
black dash lines are existing and will remain on the site, and he said
29 of them will have some impact on visibility. In addition to these
trees, Mr. Bodker described the vegetation included in the landscape
package for Lots 6 and 4, saying it will enhance the landscape buffer
beyond the private property and will include plant material in front of
the walls. In closing, Mr. Bodker said the artist's rendering attempts
to illustrate what the stretch of AlA will look like if the 11 -foot area
is cleared, sodded and planted with Australian Pines.
ARPB Chairman Scott Morgan asked, if nothing is done and Australian
Pines are not planted, will the stretch along AlA in front of these
three properties be altered at all. He also asked if the Town is
required to remove some of the trees and scrub regardless of today's
decision. Mr. Bodker said what is left on the site exceeds the 10'
buffer that was agreed to, it is not their intention to take it out and
it does not impact the houses. He said they will under -plant and add
trees as mentioned earlier. ARPB Chairman Morgan asked what trees will
be removed and Mr. Bodker said he was not sure how to answer because the
DOT safety lines may come into play. ARPB Member Tom Smith asked how
the trees to be removed are marked. Mr. Bodker said they are indicated
by a black dot with an "X" through it and they are also labeled in red
as to their species and size.
Commissioner Ganger asked Mr. Morgan to clarify his question. Mr.
OMorgan asked, if Australian Pines are not planted as proposed would this
area along AlA be altered by tree removal due to either right -of -way or
visibility issues, or will it remain as it exists? He said his concern
is removing a lot of trees unnecessarily if the Town does not move
forward with planting the Australian Pines. Mr. Randolph said the Town
is not obligated to remove exotics from the right -of -way. County Code
relates to redevelopment of property and the responsibility of the
property owner to remove exotics when they redevelop. He said the Town
is not required to remove exotics if they do not plant Australian Pines,
except for the issues discussed such as the visibility issue and the
undergrounding project.
Joint Meeting of the
Architectural Review
December 14, 2012
Town Commission and the
And Planning Board
Page 3
ARPB Member Paul Lyons asked if the DOT can elect to remove the exotics
and if there is probability of that. Mr. Randolph said the DOT most
likely does not care as long as site visibility triangles are not
creating problems. Commissioner Ganger said change is almost inevitable
and the question is do we control it or someone else. Commissioner
Dering said there is a visibility issue coming out of Hidden Harbour and
^ it should be addressed, and Commissioner Anderson confirmed that saying
�) she was recently on the site and visibility is blocked. Mr. Lyons
commented that removing only a few trees would solve the visibility
issue. Commissioner Dering said he understood, by State Law, that if
you tried to correct visibility you would have to clear the entire area.
Mr. Bodker confirmed that and said the DOT would like you to see 400
feet down the road. He said when a site plan like this goes through the
process the engineer will comment that it must comply with all DOT
safety requirements.
On behalf of the Commission, the ARPB and Staff, Mr. Thrasher thanked
Mr. Bodker for his assistance with this matter. He said Mr. Bodker
volunteered his time to gather information for this meeting and it was
not an easy task.
Mr. Thrasher said the Town's visibility triangle is only 15' and the
green area on the plan is the visibility area to be cleared. He said
the DOT Green Book Standard for a clear zone is 18 feet and he noted Mr.
Bodker's comment that the Town can request a reduction in width from the
DOT. Mr. Thrasher said, in gathering information from the DOT, they
indicated to him that if the Town would like an 11 -foot clear zone they
must file for a variance. He said the Town engaged their long -time
Arborist, Way Hoyt, a landscape architect and a traffic engineer, Mr.
Hoyt and his associate, Mr. Ranspach, observed the site over the weekend
and the Town is now in the process of completing the required DOT
paperwork. Mr. Thrasher said this affects the entire Town and the
planting of Australian Pines going forward. Clerk Taylor read the
letter from Way Hoyt into the record and it will be filed in the
Official Records of the Town.
Mr. Thrasher commented that he was told many times in the past that this
program takes high priority. For those who may not be aware, he said in
cooperation with FP &L the Town has Mr. Hoyt inspect every Australian
Pine along AlA once a year and he applies a growth inhibitor to reduce
height and promote the sprouting of green branches at lower levels. Mr.
Thrasher noted that the product Mr. Hoyt uses costs $750.00 per gallon.
Mayor Orthwein asked Commissioner Ganger to give a brief history of the
Australian Pines. Commissioner Ganger said the Audobon Society, which
was once a major benefactor of the Florida Coalition, recognized that
the Australian Pines provided environmental protection to certain
species of birds that South Florida wanted to keep around. He said the
Spaniards brought cattle over with them in the 1800s and set the cattle
free when they left. The Australian Pines were brought in by the Dept.
of Agriculture in the 1800s because they grow quickly and would provide
shade for an emerging cattle industry. Commissioner Ganger said Addison
Joint Meeting of the Town Commission and the
Architectural Review And Planning Board
December 14, 2012 Page 4
Mizner brought the Australian Pines to Gulf Stream when building the
Gulf Stream Golf Club and, because they grow so fast, by the 1920's they
were already mature and started to create the canopy. Then, in 1991 the
DOT was planning to remove them and the Gulf Stream Civic Association
donated $5,000 to "Save Our Trees." He said people demonstrated and
some actually tied themselves to the trees. Congressman Mark Foley
^ supported the movement, he got 300 signatures on a petition and
sponsored a Bill in Congress to protect the Australian Pines. As a
result, the trees were saved and the trees saved the Town from the roads
being widened by the DOT. Commissioner Ganger said the Australian Pines
are a part of Gulf Stream's Brand, the canopy must be preserved and
enhanced whenever possible. He said he recently spoke to George Elmore
at a gathering and Mr. Elmore said he supports the program.
Commissioner Dering asked if the State can require an 18 -foot clear zone
if we do nothing. Mr. Thrasher said they could. Commissioner Dering
said to clear the area for safety purposes we would we have to clear the
area in Green by State Law, and he asked Mr. Thrasher if it would have
to go to 18 feet. Mr. Thrasher said no. He explained saying the Ice
Tea Grant and everything else is at 11' and, for conformity and
consistency, we will apply for the variance to request the 11' clear
zone. The DOT right -of -way stops about 12' from edge of pavement and
beyond that it is private property. The published clear zone for the
DOT Green Book is 18' and the Town will have to get permission to plant
at only 111. Mr. Thrasher said for any other project of this nature,
the planting of trees would have to be at least 18' from DOT travel
lanes. He said the DOT representatives indicated that in order to get
the 11' clear zone the exotics must be removed. The Town is applying
for a variance and the DOT can turn us down.
Mr. Lyons asked Mr. Thrasher what the Town will do with regard to the
letter about the safety issue. Mr. Thrasher said the Town will do
nothing because it is private property that does not belong to the Town.
Commissioner Dering said everyone agrees there is a safety issue and
obligation should be addressed. Mr. Randolph said if we are talking
about the site visibility triangle relating to private property and the
issue is not due to Town planting or right -of -way, there is no liability
for the Town. He said the Town can look at it and advise the property
owner. Commissioner Dering asked if the State has a responsibility
there and Mr. Randolph said it is the responsibility of the private
Oproperty owner and, if it is in the State's right -of -way it would be the
State's responsibility.
Mr. Smith expressed concern that trees from 8' to 30' high will be
removed and replaced with 7' high Australian Pines. He recommends
leaving more of the existing vegetation and then plant Australian Pines
in the 10' landscape buffer. Mr. Bodker said 14 trees are tagged to be
removed, along with shrubs, including a Ficus hedge which is eaten by
White Fly. Mr. Thrasher said the 10' buffer is private property and the
Town has no jurisdiction to plant Australian Pines on private property.
Mayor Orthwein said they must be planted in the DOT right -of -way. Mr.
Morgan said he did not see that in the documentation provided.
Joint Meeting of the Town Commission and the
Architectural Review And Planning Board
December 14, 2012
Page 5
Mr. Morgan said the residents do not want to lose the natural hammock,
the timing is wrong for this, and he said he it seems as though this is
being done in a way that is almost unanimously opposed by the neighbors
living nearby. Everyone loves the Australian Pines, but he said to
plant them as proposed upsets the natural hammock, which has been there
O for over 50 years. He said this should have been proposed when the plat
subdivision was provided and the overall landscaping design was debated,
negotiated and approved. Mr. Morgan said Hidden Harbour was directed to
work with the developer to come up with a plan that would be consistent
with the neighborhood, which they did, and he said the canopy along AlA
and Hidden Harbour was the seminal part of the agreement. He said now
there is this proposal to alter the canopy and plant Australian Pines.
Mr. Morgan asked if there is a way to plant the Australian Pines and
preserve the canopy.
Mr. Thrasher said the subdivision plat language speaks of the canopy on
the south property line of this development only and does not refer to
the canopy along AlA. He said this would only affect what is in the 11-
foot area and behind the 11 -foot clear zone is private property with
natural foliage which will remain. Commissioner Dering asked if the
Australian Pines would grow if they go in 11 feet and plant them in what
is there rather than removing anything. Mr. Thrasher said, in his
opinion, the answer is no. He said he has been to the area and tried to
figure out how to make what Commissioner Dering is suggesting work.
Mayor Orthwein pointed out that there are about 300 shrubs that are
going to be planted through the area also.
Mr. Morgan commented that the proposed planting of the Pines seems very
regimented. Commissioner Dering agreed that if it was less regimented
it would appear more natural. Commissioner Stanley asked if it is
possible to leave the vegetation and some trees in the 11' clear zone
and plant the Australian Pines in an unregimented manner. Mr. Bodker
said the Australian Pines cannot be planted in the regimented manner to
achieve the look suggested. He said the plan is to remove some trees
and vegetation and replace with all native trees of varied species and
under - plantings, the plantings will fill in the gaps, and whatever is
taken out will not impact the screening of property.
Commissioner Dering asked what this will look like three years from now.
J Mr. Bodker said the Australian Pines depicted are huge, but it was just
a graphic they found that could be superimposed on the rendering. He
said these trees grow so quickly. Mr. Thrasher said, on his word, this
project will not be sparse - looking when finished. He said there will be
10 feet of buffer, untouched, and immediately behind that is a landscape
plan which is deed restricted and you will not see a wall. Commissioner
Dering asked if more shrubs can be planted in front of the Australian
Pines. Clerk Taylor said we have to consider the utilities. Mr.
Brannon said there will be no surface destruction during the
undergrounding.
Joint Meeting of the Town Commission and the
Architectural Review And Planning Board
December 14, 2012 Page 6
Commissioner Anderson asked about the photos on display and Mr. Morgan
explained that those were provided by Mrs. Morgan at the last ARPB
Meeting. He said the purpose was to show photographing from the South
by Mr. Smith's home and north to the Gulf Course. Mr. Morgan said there
are no Australian Pines until you get to the Golf Course, and then there
is a clump of them on the east side that were recently planted. Mayor
O Orthwein said that homes were purchased on the other side and they will
plant Australian Pines, and she said the Knobels have some also. She
said some of the buffer area is in bad shape right now and it should be
cleaned, and she said this project will eventually create another canopy
area.
Mr. Morgan asked Mayor Orthwein if she liked the regimented look or
should it be more staggered. Commissioner Dering asked if the Pines
were planted in a less regimented manner, and planted in what is there,
would they grow through it. Mr. Bodker said they would. Mr. Thrasher
said it will not create a canopy look if they are clumped and not
regimented, and he said he did not believe what is being suggested will
work. Mr. Lyons asked if the planting could be done over time in an
evolutionary manner. Mayor Orthwein said this will happen over time
because the Town is not capable of growing that many trees at once. She
said we have to agree on whether or not we are going to clean up the
area, under -plant and try to keep the canopy affect, and whether they
are soldiers lined up or staggared, the thought is to proceed with
Australian Pines in this area. Commissioner Ganger agreed, and he said
we intend to make the Australian Pine our signature tree along our AlA
Corridor from one end of Town to the other. He said that is a strategic
decision and if anyone disagrees with that they should say something.
Commissioner Ganger said if we make a decision today, that is the
decision we are making.
Mr. Bodker said if they are staggered, they must be behind the 11 -foot
clear zone and there is still the safety issue from the DOT and the Town
must take heed of that. Commissioner Dering said we should just plant
the trees in what is there. Mayor Orthwein said all we are proposing is
to take out the dead and bad vegetation and replace it with native
vegetation and Pine Trees. She said when we do that it will temporarily
create some bare openings, but there is Ficus in there that is
practically dead from White Fly and it should come out. Commissioner
Stanley asked if there are conditions of approval on the D -4 and
suggested considering that before deciding on how we want to plant the
Australian Pines. Mr. Thrasher said the only condition he knows of is
that the exotics must be removed.
Commissioner Ganger said we have an obligation to the people of the
Community to know what we are doing, and.he said it is not a plan to
just plunk a tree in now and then. He said it is debatable as to
whether they are planted in a regimented manner or staggered.
Commissioner Ganger said we should say that this will be predominantly
Australian Pine along this Corridor and that we will plant them
expeditiously and when we have them and when there is a need for them.
Joint Meeting of the
Architectural Review
December 14, 2012
Town Commission and the
And Planning Board
Page 7
Mayor Orthwein asked Mr. Morgan if he is suggesting a less regimented
look and Mr. Morgan confirmed that. Mayor Orthwein said we can go in
and clean the area, make it lush and plant in a less regimented manner.
She asked Mr. Bodker if it is possible to go forward with planting the
Australian Pines and leave some of the Brazilian Pepper there. Mr.
Bodker said the DOT may make us remove the invasive species. Mr. Morgan
said the Town has the statutory right to maintain the Australian Pines
look and asked if the Town is required to go to the State when they want
to plant Australian Pines, or can Gulf Stream maintain their canopy by
planting Australian Pines already under statutory authorization. Mr.
Thrasher explained that he was asked to provide documentation of the
clear zone green book and he asked the DOT Representative to provide the
information. The information provided was that the clear zone is 18
feet. Mr. Randolph asked why we cannot plant Australian Pines within
the existing canopy, and he said this is an issue that can be decided
upon today and if the DOT insists on 18 feet we can come back for
further discussion. Mr. Randolph said the only reason this is before
you today is because the developer has agreed to clear, sod and irrigate
the area and they may not want to do that with the suggested scenario.
Commissioner Dering asked how long it will take to get a decision from
the DOT. Mr. Thrasher said the meeting with the DOT is scheduled for
December 20th and he has no idea what will be required after that.
Commissioner Ganger asked if it would be better to make this decision
today with the consensus of the Commission and the ARPB that we plan to
continue to plant Australian Pines where legal and allow the hammock to
remain to the best of our ability. Mr. Randolph said it sounds as
though that is the consensus. Mr. Bodker said whatever decision is
made, the area within the visibility lines in the public right -of -way
that are adjacent to the property should still be cleared. Clerk Taylor
said the problem is that this is a part of the North Ocean Boulevard
Overlay which has not yet been approved. Mr. Randolph said there seems
to be a consensus, suggested making a motion with the condition of
approval that to the extent possible the canopy will be left as it
exists and under -plant with Australian Pines. Clerk Taylor said it
would need to finish the portion of the North Ocean Boulevard Overlay
that is in the DOT Right -of -Way adjacent to the three lots.
Mr. Bodker asked, if there is a motion in place saying the trees in the
visibility lines will remain, what will be done if the visibility issue
�i comes into play. Mr. Randolph said we would have to address it at that
' time.
Commissioner Dering moved and Commissioner Ganger seconded to approve
the North Ocean Boulevard Overlay Permit with the condition that, to the
extent possible, the canopy will be left as is and it will be under -
planted with Australian Pines in a staggered manner with a replant of
some native species, provided this meets the requirements of the State
of Florida.
Mr. Randolph said the meeting with the DOT takes place on December 20,
2012 and, if necessary, the Commission can come back to this issue for
Joint Meeting of the Town Commission and the
Architectural Review And Planning Board
December 14, 2012
Page 8
further discussion if it does not meet DOT requirements. Commissioner
Dering asked why a variance is necessary. Mayor Orthwein said it is
because of the new requirements which call for an 18 -foot clear zone.
There was no further discussion. All voted AYE.
( V. Public. There were no comments from the Public.
VI Adjournment. The Meeting was adjourned at 10:50 A.M.
r
ail C. Abbale
Administrative Assistant
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
THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 14, 2012
FOLLOWING A JOINT MEETING OF THE TOWN COMMISSION AND
REVIEW AND PLANNING BOARD THAT IS BEING HELD AT 9:00
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD,
FLORIDA.
AGENDA
December 7, 2012
TOWN COMMISSION OF
IMMEDIATELY
THE ARCHITECTURAL
A.M., IN THE
-ULF STREAM,
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes of the Regular Meeting of November 9, 2012.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. January 11, 2013 @ 9:00 A.M.
2. February 8, 2013 @ 9:00 A.M.
3. March 8, 2013 @ 9:00 A.M.
4. April 12, 2013 @ 9:00 A.M.
5. May 10, 2013 @ 9:00 A.M.
6. June 14, 2013 @ 9:00 A.M.
VII. Reports.
A. Utility Undergrounding -Danny Brannon (Engineer)
B. Town Manager
C. Architectural Review & Planning Board
1. Meeting Dates
a. December 27, 2012 @ 8:30 A.M.
C-) b. January 24, 2013 @ 8:30 A.M.
c. February 28, 2013 @ 8:30 A.M.
d. March 28, 2013 @ 8:30 A.M.
e. April 25, 2013 @ 8:30 A.M.
f. May 23, 2013 @ 8:30 A.M.
D. Finance Director
1. Financial Report for November 2012
2. Optional Format- Financial Report for November 2012
E. Police Chief
1. Activity for November 2012
VIII. Items for Commission Action.
A. Palm Beach County Law Enforcement Agencies Combined
Operational Assistance and Voluntary Cooperation Mutual Aid
Agreement
B. Resolutions
1. No. 12 -15; A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE
APPROPRIATIONS OF BUDGET EXPENDITURES IN THE GENERAL FUND
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2012; PROVIDING
AN EFFECTIVE DATE.
2. NO. 12 -16; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, FLORIDA PROVIDING FOR THE APPROPRIATIONS
OF BUDGET EXPENDITURES IN THE WATER FUND FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2012; PROVIDING AN EFFECTIVE
DATE.
C. Items by Mayor & Commissioners
AGENDA CONTINUED
IX. Public.
X. 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
l 1
C�
REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM ON FRIDAY, DECEMBER 14, 2012 IMMEDIATELY FOLLOWING A
JOINT MEETING OF THE TOWN COMMISSION AND THE ARCHITECTURAL REVIEW AND
PLANNING BOARD THAT WAS HELD 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
11:00 A.M.
II. Pledge of Allegiance. The Pledge of Allegiance was led by the
Mayor.
III. Roll Call.
Present and
Participating
Also Present and
Participating
Joan K. Orthwein
Tom Stanley
Muriel Anderson
W. Garrett Dering
Robert W. Ganger
William Thrasher
Rita Taylor
John Randolph
Garrett Ward
Danny Brannon of
Brannon & Gillespie
Mayor
Vice -Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Clerk
Town Attorney
Police Chief
Town Undergrounding
Consultant
IV. Minutes of the Regular Meeting of November 9, 2012.
Commissioner Dering pointed out an error in the minutes on Page 11 in
the motion he made concerning the landscape buffer deed restriction.
Commissioner Dering said the motion should read "to impose a deed
restriction for the landscape buffer to the south along Hidden Harbour
Drive, and along the north property line and the east property line."
The Minutes of the Regular Meeting of November 9, 2012 will be amended
as corrected. Commissioner Ganger moved and Commissioner Anderson
seconded to approve the minutes as amended. There was no discussion.
All voted AYE.
V. Additions, withdrawals, deferrals, a
Clerk Taylor said Item VIII.B.2. Resolution
required and the Item will be deleted, and
Report will be added as Item VII.D.3.
VI
There
t of agenda items.
No. 12 -16 will not be
she said the Water Usage
Announcements.
T-7 Regular Meetings and Public Hearings
1. January 11, 2013 @ 9:00 A.M.
2. February 8, 2013 @ 9:00 A.M.
3. March 8, 2013 @ 9:00 A.M.
4. April 12, 2013 @ 9:00 A.M.
5. May 10, 2013 @ 9:00 A.M.
6. June 14, 2013 @ 9:00 A.M.
are no conflicts in the meeting schedule.
Regular Meeting
Town Commission - December 14, 2012 Page 2
VII. Reports.
A. Utility Undergrounding -Danny Brannon (Engineer)
The Town's Undergrounding Consultant, Danny Brannon of Brannon &
Gillespie, stated that the issue of the clear zone is very critical to
the Undergrounding project. He said there can be no obstructions above
4 inches high in the clear zone and will be very interested in the
Q outcome of the discussions concerning the clear zone. Mr. Brannon said
he will meet with Mr. Thrasher to offer some assistance with this
matter.
Mr. Brannon said he received a binding cost estimate from FP &L which
included the correct switches, but he said the request back in November
was that it would include the correct switches and for the installation
to be performed by the Town. The cost estimate they provided was for
installation to be provided by FP &L. He said they have contacted FP &L
and they are re- estimating for the third time. Mr. Brannon said their
design should not change significantly in the re- estimate, but he said
they found that they included excessive equipment, such as an extra
Vista Switch at a cost of $80,000, and FP &L is going back to their
design team for adjustment.
Mr. Brannon said he received a copy of Mr. Randolph's review and
approval of the landscaping RFP to secure landscaping services which
will go out within a week. Commissioner Ganger asked Mr. Brannon if the
aggregate amount of the project is close to what he anticipated. Mr.
Brannon said the amount was $1.2 million, which may increase by $70,000,
bringing the total to approximately $1.3 million and it is on budget.
Commissioner Dering asked about a start date. Mr. Brannon said as soon
as they can work out the design issues they will integrate the designs
with Comcast and AT &T, and he said at this point he would expect to get
it out on the street in January. Commissioner Ganger commented that we
have lost one year and Mr. Brannon responded saying that Comcast and
AT &T layouts were received at the beginning of the year and FP &L lagged.
Commissioner Dering asked if he could see the budget. Mr. Brannon said
he would email it to all of the Commissioners after he has submitted to
Mr. Thrasher for approval.
B. Town Manager
Mr. Thrasher did not have a report.
C. Architectural Review & Planning Board
1. Meeting Dates
a. December 27, 2012 @ 8:30 A.M.
b. January 24, 2013 @ 8:30 A.M.
c. February 28, 2013 @ 8:30 A.M.
d. March 28, 2013 @ 8:30 A.M.
e. April 25, 2013 @ 8:30 A.M.
f. May 23, 2013 @ 8:30 A.M.
The meeting schedule was noted by Mayor Orthwein.
D. Finance Director
1. Financial Report for November 2012
Commissioner Dering asked why one report, the General Ledger, which
shows a loss of $205,000 for two months and the other report shows a
loss of $137,000 for two months. Mr. Thrasher said he did not have an
Regular Meeting
Town Commission - December 14, 2012 Page 3
explanation at this time, but he will get one. Commissioner Dering
commented that some line items are already over budget within two
months. He said he cannot make the operating cash in two places agree.
Clerk Taylor recommended bringing this back on the January Agenda. All
Commissioners agreed.
2. Optional Format - Financial Report for November 2012
C There were no comments concerning this format at this time.
3. Water Usage Report - No Action Required.
E. Police Chief
1. Activity for November 2012
Chief Ward requested that the Activity Report for November, 2012 be
accepted as submitted. The Report was accepted.
VIII. Items for Commission Action.
A. Palm Beach County Law Enforcement Agencies Combined
Operational Assistance and Voluntary Cooperation Mutual Aid
Agreement.
Commissioner Dering asked why the other municipalities are not listed.
Clerk Taylor said they are all listed as a party to this Agreement, but
she did not include those pages in the Commission Meeting Packet.
Commissioner Dering moved and Commissioner Ganger seconded to approve
the Palm Beach County Law Enforcement Agencies Combined Operational
Assistance and Voluntary Cooperation Mutual Aid Agreement. There was no
discussion. All voted AYE.
B. Resolutions
1. No. 12 -15; A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE
APPROPRIATIONS OF BUDGET EXPENDITURES IN THE GENERAL FUND
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2012; PROVIDING
AN EFFECTIVE DATE.
Clerk Taylor listed the re- appropriations, as follows: Increase
Administrative Salaries, $8,000; increase Police Department Salaries,
$32,000; increase Police Department Benefits, $21,000, increase Fuel,
$6,000; increase Salaries R & S, $5,000; increase Capital R & S,
$55,000; and, decrease Undesignated Fund Balance, $127,000.
Commissioner Ganger asked if this Resolution is required by law, and
Mayor Orthwein confirmed that. Commissioner Dering asked why we need
the Resolution, and Mr. Thrasher replied saying that we are making
budget adjustments in those line items for FY 2012. Commissioner Dering
asked Mr. Thrasher if he is trying to make the budget equal because we
ran over budget, and Mr. Thrasher replied saying he is trying to get the
line items to show positive performance.
Commissioner Dering asked if these are the areas where we ran over
budget. Mr. Thrasher said in those areas, yes, but he said in other
areas we had surpluses. He said we anticipated a negative outfall of
$430,000, the actual performance is a negative $444,000 and, therefore,
we are $14,000 over the approved budget for FY 2012. However, he said
within various line items we were over just budget versus actual, we had
a negative variance. Mr. Thrasher said $430,000 was the budgeted
Regular Meeting
Town Commission - December 14, 2012 Page 4
deficit, actual performance prior to the FY 2012 Audit was approximately
$444,000 and, therefore, our anticipated overall performance was off by
$14,000.
Commissioner Dering said suppose we do not adjust the budget. Mr.
Thrasher said it could generate an Audit comment that we went over
budget. Vice -Mayor Stanley said we know what the numbers are and it is
best to keep negative notes off of the Audit Report. Mr. Randolph said
State Law requires that when you adjust your budget and have a budget
amendment it must be justified by virtue of adopting a resolution. He
said it does not justify why you are off budget, but you are required to
give notice if you are. Mr. Thrasher explained that the Police
Department was over budget for FY 2012 and within the Town Manager's
authority, he can adjust within a department if there is a surplus or a
negative amount without going to the Commission for permission.
However, he said if a department goes over budget he has to adjust that
particular budget by going to the Commission for permission. Mr.
Thrasher added that throughout the year the Police Department had to
make purchases that were not budgeted for, such as the licenses dealing
with communication, and he said he came to the Commission for permission
for that appropriation. He said this aligns that appropriation which
the Commission approved on paper. Mr. Thrasher said in actuality, what
we thought would have to come out of the budget is less than
anticipated, and he said it may look bad, but is a positive report, not
negative. Commissioner Dering said the Commission should know about
these things prior to almost 90 days after year end. Mr. Thrasher said
what he is trying to explain is that the Commission approved going over
the budget.
Commissioner Anderson moved and Vice -Mayor Stanley seconded to adopt
Resolution No. 12 -15. There was no discussion. All voted AYE.
C. Items by Mayor & Commissioners
Commissioner Ganger noted that there are citizens to our South near the
Delray border who are exploring ways to hook onto Delray's upcoming
beach renourishment. He said neither the State nor Federal Governments
will provide funds for renourishment on private property, but he said
Delray has a public beach and they are going to renourish where sand is
not needed rather than change their permit to place sand where it is
needed. Commissioner Ganger said the most severe damage has been on
private property and the dune is gone. He said a group of citizens are
looking for ways of investing to replace federal funding, the State will
accept private investment and it is possible that Gulf Stream residents
may have an opportunity to participate. Commissioner Ganger said it is
highly complex and expensive, but he said the Commission may be able to
inform residents of remedies available to them and they can decide
whether or not they want to participate. He said either the Coalition
or the Civic Association will also be involved in communicating with
residents. Commissioner Anderson suggested using the Town's upcoming
website to get that information out to their residents. Mayor Orthwein
said the website is almost ready. Mr. Thrasher said there are still
some changes to be made, such as the addition of some of the Town's
Regular Meeting
Town Commission - December 14, 2012
Page 5
history and photos. He said the Commissioners and ARPB Members will be
provided with a password to be able to log in and look around the
preliminary website only. They will have an opportunity to make
suggestions and comments prior to going live.
IX. Public. There were no items from the Public.
01 X. Adjournment. Commissioner Dering moved and Commissioner Anderson
seconded to adjourn. There was no further discussion. All voted AYE.
The_zeeting was adjourned at 11:35 A.M.
0
Gail C. Abbale
Administrative Assist nt
U