Loading...
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 12A ? 4 /, rIj—, —, e ��- I — Rita L. Taylor, Town Clerk The Palm Beach Post REAL NEWS MM NIX Palm Beach Daily News Ira IN. N. .'he oxb o1 .h. Coven Owt land n I W U. Rad. G Iff ID.m, Y.M. II.I..M np b rnl.,..e tluM^ ..ao6, h.- ne.n,..Ym hxi.d. iwn. b[d.. �w1tl./. lrom 9 M 4Y..o AW[Y. ♦LL PMTES . 1 IPM'I{I I THEST A. YaIIUS ,..r .. dM.- A. .-H ..d l P..— mtl X.ulni BuN.nd 11. ion 4mNOm el Who is personally known to me. 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 -.ice._ -��. .- ➢R sTSTE��F o \o , P,lONlCA HACKMAN, Notary Public in and for the State of Ohio hj Cemm ;ssion Expires September 30. 2014 fD 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