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HomeMy Public PortalAbout05/13/2011NOTICE 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, May 26, 2011 at 8:30 A.M., and the Town Commission will hold a Public Hearing on Friday, June 10, 2011 at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100 OSea Road, Gulf Stream, Florida, at which the following will be considered: An application submitted by William Wietsma, William Wietsma Co.Inc. as agent for Peter and Jennifer Klein, owners of property located at 3157 Polo Drive, Gulf Stream, Florida, legally described as Lot 6, Gulf Stream Properties Subdivision, Gulf Stream, Florida, for the following: 1. LAND CLEARING PERMIT to remove old vegetation of no significance and one Royal Palm to clear building site. 2. DEMOLITION PERMIT to remove all existing structures. 3. SPECIAL EXCEPTION to allow 244 square foot of covered, unenclosed area that exceeds the maximum FAR. 4. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a partial two -story Gulf Stream Bermuda style single - family dwelling with 2 car garage, consisting of 5,714.4 square feet, and a swimming pool. 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: May 6, 2011 TOWN OF GULF STREAM, FLORIDA 2A, Z.,- &YJ, Rita L. Taylor, 010wn Clerk May 6, 2011 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Muriel J. Anderson Fred B. Devitt III Chris D. Wheeler REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MAY 13, 2011 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes. A. Regular Meeting & Public Hearing of 4 -8 -11 B. Special Meeting of 4 -28 -11 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. May 24, 2011 @ 8:15 A.M.- Ethics Training for Municipal Officials and Employees 2. June 10, 2011 @ 9 A.M. 3. July 8, 2011 @ 9 A.M. 4. August 12, 2011 @ 9 A.M. 5. September 9, 2011 @ 9 A.M. 6. October 14, 2011 @ 9 A.M. B. Mayor's Proclamations 1. Water Reuse Week -May 15 through May 21 2. National Missing Children's Day May 25 VII. PUBLIC HEARING. A. Applications for Development Approval ^ 1. An application submitted by George Brewer, Brewer C ) Architecture, Inc., as agent for William Binnie, owner of property located at 1314 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as Lots 4, 4A, 5 & 5A, replat of Donald B. McLouth Subdivision. a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW (1) Demolish 1,378 sq. ft. of existing home and a 48 sq. ft. outbuilding (2) Construct a cabana and an addition to the existing Gulf Stream Bermuda style home, a total of 3,215 sq. ft. (3) Construct a 2 -car garage, 762 sq. ft. (4) Relocate swimming pool (5) Relocate and add landscape material. 2. An application submitted by Bridges, Marsh & Associates, Inc., as agents for Mr. & Mrs. Martin Brown, owners of property located at 2 Driftwood Landing, Gulf Stream, Florida, which is legally described as Lot 8, Driftwood Landing Subdivision. a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW (1) Construct a detached two -story Gulf Stream Bermuda style guest house consisting of 1,225 sq. ft. (2) Construct a one -story detached garage consisting of 469 sq. ft. with a new driveway access off Driftwood Landing. AGENDA CONTINUED 3. An application submitted by Mark Marsh, Bridges, Marsh & Associates, Inc., as agent for Mr. & Mrs. James Davis, owners of property located at 554 Palm Way, Gulf Stream, Florida, which is legally described as Lot 1 and the west 41 ft. of Lot 2, Gulf Stream Cove Subdivision and the south 50 ft. of Lot 21, Polo Cove Subdivision. O a. SPECIAL EXCEPTION to establish a waterfront minimum setback of 30 feet. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW (1) Additions of 1,328 sq. ft. to the existing two story single family dwelling, the style of which will become Dutch Colonial. (2) Construction of a detached 910 sq. ft. two -story storage /guest room. (3) Construction of a 400 sq. ft. cabana. 4. An application submitted by Mark Marsh, Bridges, Marsh & Associates, Inc., agent for Mr. & Mrs. Steven Silverman, owners of property located at 1465 North Ocean Blvd., Gulf Stream, Florida, legally described in metes & bounds in Sec. 10, Twnshp. 46 S, Range 43 E in the Town of Gulf Stream. a. SPECIAL EXCEPTION to permit construction of a dune crossover east of the Coastal Construction Control Line. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a 4 foot wide dune crossover structure seaward of the Coastal Construction Control Line. VIII. Reports. A. Audit 9 /30 /10- Nowlen, Holt & Miner, P.A. B. Town Manager C. Architectural Review & Planning Board 1. Meeting Dates a. May 24, 2011 @ 8:15 A.M.- Ethics Training for Municipal Employees and Officials b. May 26, 2011 @ 8:30 A.M. c. June 23, 2011 @ 8:30 A.M. d. July 28, 2011 @ 8:30 A.M. e. No meeting in August 2011 O f. September 22, 2011 @ 8:30 A.M. g. October 27, 2011 @ 8:30 A.M. D. Finance Director 1. Financial Report for April 2011 E. Police Chief 1. Activity for April 2011 IX. Items for Commission Action. A. ORDINANCE NO. 011/2; AN ORDINANCE OF THE TOWN OF GULF STREAM, FLORIDA, REGARDING A UTILITY UNDERGROUNDING PROJECT AND NON - AD VALOREM SPECIAL ASSESSMENTS TO FUND SUCH PROJECT; PROVIDING FOR AUTHORITY; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR DEVELOPMENT AND CONSIDERATION OF UTILITY UNDERGROUNDING PROJECT NON -AD VALOREM ASSESSMENTS PURSUANT TO CHAPTER 170, FLORIDA STATUTES; PROVIDING FOR AN ASSESSMENT ADOPTION PROCESS, INCLUDING NAILING AND PUBLICATION OF NOTICES AND AN EQUALIZATION HEARING; PROVIDING FOR ORDINANCE AS AN ALTERNATIVE METHOD; PROVIDING FOR LIBERAL CONSTRUCTION AND SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE SECRETARY OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE. (21d reading) B. RESOLUTION NO. 011 -9; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF SSTREAM, FLORIDA CALLING FOR A PUBLIC HEARING REGARDING THE IMPOSITION OF SPECIAL ASSESSMENTS TO PAY THE COSSTS OF UNDERGROUNDING OVERHEAD UTILITIES, INCLUDING ELECTRICAL, FIBER OPTIC /CABLE TELEVISION AND TELEPHONE FACILITIES SERVING CERTAIN PROPERTIES WITHIN THE TOWN; PROVIDING FOR NOTICE OF SAID PUBLIC HEARING BY MAIL AND BY PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. AGENDA CONTINUED c. RESOLUTION NO. 011 -10; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA EXPRESSING THE INTENT OF THE CITY TO REIMBURSE PRIOR EXPENDITURES FROM BOND PROCEEDS; AND PROVIDING AN EFFECTIVE DATE. D. Interlocal Agreement -NPDES Third Term Permit with Northern Palm Beach County Improvement District r(71 E. Items by Mayor & Commissioners � X. Correspondence. A. Regarding assessments for undergrounding project -Golf View Club XI. Public. XII. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 n MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MAY 13, 2011 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Koch 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 William F. Koch, Jr. Mayor Participating Joan K. Orthwein Vice -Mayor Muriel J. Anderson Commissioner Fred B. Devitt, III Commissioner Absent w /Notice Chris D. Wheeler Commissioner Also Present and William H. Thrasher Town manager Participating Rita L. Taylor Town Clerk John Randolph Town Attorney Garrett J. Ward Police Chief Presentations: Danny Brannon of Brannon Undergrounding & Gillespie, LLC Consultant Lee Evett of Willdan Methodology Asses. Financial Services Consultant Marcie Nolan, Esq. of Representing Becker & Poliakoff G. S. Shores COA Peter Vilardello, Resident Representing G. S. Shores Ron Bennett, Town Auditor Nowlen, Holt & Miner IV. Minutes. A. Regular Meeting & Public Hearing of 4 -8 -11 B. Special Meeting of 4 -28 -11 Commissioner Anderson moved and Vice -Mayor Orthwein seconded to approve the Minutes of the Regular Meeting & Public Hearing of April 8, 2011 and the Minutes of the Special Meeting of April 8, 2011. There was no discussion. All voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Clerk Taylor said there will be a reorder of the Agenda and one addition to an Agenda Item, as follows: Item IX. Items for Commission Action. A., B. and C., and all of Item X. Correspondence, will be heard immediately following the Mayor's Proclamations, which is under Item VI. Announcements; and, a letter from Jupiter Inlet Colony will be added to Item X. Correspondence. VI. Announcements. A. Regular Meetings and Public Hearings 1. May 24, 2011 @ 8:15 A.M.- Ethics Training for Municipal Officials and Employees 2. June 10, 2011 @ 9 A.M. 3. July 8, 2011 @ 9 A.M. Regular Meeting and Public Hearing Town Commission - May 13, 2011 Page 2 4. August 12, 2011 @ 9 A.M. 5. September 9, 2011 @ 9 A.M. 6. October 14, 2011 @ 9 A.M. Clerk Taylor said staff would like to schedule a Public Hearing on the matter of the Undergrounding for June 30, 2011 at 9:00 A.M. and asked if there were any objections. There were no objections. Clerk Taylor O asked if there were any conflicts with the meeting schedule through October. There were no conflicts. B. Mayor's Proclamations 1. Water Reuse Week -May 15 through May 21 2. National Missing Children's Day May 25 Clerk Taylor announced the Mayor's Proclamations for the record. IX. Items for Commission Action A., B. and C. (Read Only). Clerk Taylor stated she would read the Ordinance and Resolutions in title and there will be no vote called for on them at this time. A. ORDINANCE NO. 011/2; AN ORDINANCE OF THE TOWN OF GULF STREAM, FLORIDA, REGARDING A UTILITY UNDERGROUNDING PROJECT AND NON - AD VALOREM SPECIAL ASSESSMENTS TO FUND SUCH PROJECT; PROVIDING FOR AUTHORITY; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR DEVELOPMENT AND CONSIDERATION OF UTILITY UNDERGROUNDING PROJECT NON -AD VALOREM ASSESSMENTS PURSUANT TO CHAPTER 170, FLORIDA STATUTES; PROVIDING FOR AN ASSESSMENT ADOPTION PROCESS, INCLUDING MAILING AND PUBLICATION OF NOTICES AND AN EQUALIZATION HEARING; PROVIDING FOR ORDINANCE AS AN ALTERNATIVE METHOD; PROVIDING FOR LIBERAL CONSTRUCTION AND SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE SECRETARY OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE. (2 °d reading) Clerk Taylor read Ordinance No. 011/2 in title, correcting the word "CONSTRUCTION" to read "CONSIDERATION," passed on l't reading on 26th day of April, 2011. B. RESOLUTION NO. 011 -9; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF SSTREAM, FLORIDA CALLING FOR A PUBLIC HEARING REGARDING THE IMPOSITION OF SPECIAL ASSESSMENTS TO PAY'THE COSSTS OF UNDERGROUNDING OVERHEAD UTILITIES, INCLUDING ELECTRICAL, FIBER OPTIC /CABLE TELEVISION AND TELEPHONE FACILITIES SERVING CERTAIN PROPERTIES WITHIN THE TOWN; PROVIDING FOR NOTICE OF SAID PUBLIC HEARING BY MAIL AND BY PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. C; Clerk Taylor read Resolution No. 011 -9 in title, correcting Section 6 wherein it states "Ad Valorem tax bills mailed in November, 2012" to read "Ad Valorem tax bills mailed in November, 2011." C. RESOLUTION NO. 011 -10; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA EXPRESSING THE INTENT OF THE CITY TO REIMBURSE PRIOR EXPENDITURES FROM BOND PROCEEDS; AND PROVIDING AN EFFECTIVE DATE. Clerk Taylor read Resolution No. 011 -10 in title. Clerk Taylor stated that the Commission will take action on Ordinance No. 011/2, Resolution No. 100 -9 and Resolution No. 011 -10 later in the meeting and then announced the order of speakers. Regular Meeting and Public Hearing Town Commission - May 13, 2011 Page 3 Christopher Smith, a resident of Jupiter Island, distributed a power point handout which was made a part of the record and will be filed with the Town of Gulf Stream. He said he is very active in the FPL power supply and undergrounding and was asked to speak about the benefits Jupiter Island received due to undergrounding. They saw three major C) benefits; fewer power outages, quicker recovery after hurricanes and much improved aesthetics. Before undergrounding, Jupiter Island averaged 9 outages per month and afterwards no outages occurred due to system failure. Monitors were installed throughout the Island, which plug into the power supply and a telephone, and when an outage occurs a computer in Wisconsin is immediately alerted, it sends an email to Jupiter Island showing exactly where and when an outage occurred and the length of the outage, and this has provided a complete record of every outage that occurred on the Island for the last 4 -5 years. Mr. Smith said being so close to the ocean, power lines cover with salt, rot through and fail. He said a live power line that rotted through dropped on his neighbor's property on a bright and sunny day, burning a hole in the driveway and charring the lawn. Additionally, two hot lines running along his road dropped within a month of each other, each rotted through from salt. He pointed out the danger if someone were walking under the wires as they fell. Mr. Smith said inspections of their power lines indicated that many on the ocean were rotting through. Mr. Smith said Jupiter Island was directly hit by Hurricanes Francis, Jeanne and Wilma. Residents were asked to evacuate, it took 4 to 5 days to clear downed lines and restore power to the Island, but it took FPL only a few hours to restore power to undergrounded communities in their neighborhood. For those who did not evacuate, there was no ambulance or emergency service available. Mr. Smith said such outages result in rotten food and mold causing odor and health issues and the expense is huge to replace food and clean and eliminate mold. He said FPL brought in over 5,000 workers from other states to help restore power and the small islands were at the end of the repair list. In closing, Mr. Smith said power lines are not attractive and he showed before and after photos of an entrance to a resident's property on Jupiter Island, indicating how undergrounding has improved the O appearance of that property. Poles are gone and overhead lines are underground, which has significantly improved the aesthetics on the Island, and Realtors have stated that undergrounding has significantly improved the resale value of their homes. Mr. Danny Brannon, the Town's Underground Project Engineer, said he provided a Memorandum to the Mayor and Commissioners expressing his opinion of the safety and reliability benefits of undergrounding. He requested that it be made a part of the record. The Memorandum from Danny Brannon to Mayor Koch dated May 3, 2011 was made a part of the record and will be filed with the Town of Gulf Stream. Mr. Brannon said he was employed with FPL from 1973 to 1998 as an engineer, responsible for operating service centers with 75,000 customers. He said they Regular Meeting and Public Hearing Town Commission - May 13, 2011 Page 4 handled cleanup and repair after hurricanes and he does not recall any fatalities or serious injuries involving the public that were associated with underground distribution facilities, but recalls several associated with overhead utilities. Mr. Brannon said a comment made during a recent Commission Meeting implied that FPL's opinion is there are no reliability or safety benefits from undergrounding facilities. He said O FPL has indicated that both overhead and underground facilities are designed and constructed for safety and reliability and, without interference of external factors such as wind, lightening and vehicle impacts, safety and reliability might be characterized as equal. However, when external factors interfere the record shows that problems arise much more frequently where overhead facilities are involved. Mr. Brannon said FPL has put together a Storm Secure Plan to harden the infrastructure based on significant issues resulting from the 2004 and 2005 hurricanes. The Plan consists of 5 major elements, one being to promote undergrounding, and FPL is willing to pay up to 25% of the cost when undergrounding projects were undertaken by local government. He said their position of record is that they support undergrounding as an improvement to reliability to the system and their comments concerning the benefits of undergrounding relative to reliability can be seen on their website. In closing, Mr. Brannon said communication during a disaster is difficult and knowing you can communicate is very important. He said when this project is complete there will be an underground connection running under the Intracoastal to the underground system on the mainland and, therefore, there will be a viable power source for Gulf Stream when power is lost from the overhead lines to the north or south. Mr. Brannon said everyone should have a good understanding of the benefits of this project and offered to discuss the matter in detail with anyone interested in doing so. Mr. Lee Evett of Willdan Financial Services wanted to briefly explain his company's history with respect to assessments, saying it was previously suggested that there may be some question of their experience and ability to perform assessments of this type. He said assessments for utility undergrounding are relatively rare and very few communities are willing to undertake something this aggressive. These projects usually affect communities constructed prior to 1970 because most communities constructed after 1970 had their utilities undergrounded during construction. Mr. Evett said Willdan has engaged in 14 of these particular studies and they are the only firm to do them in Florida. They have done Jupiter Island, Jupiter Inlet Colony, which is now under construction, the Town of Palm Beach, with their first project moving forward, and Gulf Stream, which will be the fourth in Florida. This particular assessment methodology was up for public hearing in the Town of Palm Beach, where there is a mix of property types including condominiums, and it was accepted by their Town Council for undergrounding to be on a voluntary basis by citizens. In California, his company did 11 similar projects; Regular Meeting and Public Hearing Town Commission - May 13, 2011 Page 5 2 in Irvine, 3 in Newport Beach, 2 in Palm Desert, 2 in Solano Beach and 2 in Laguna Beach. Some communities had a mixed use of property, including condominium and commercial and, except for Laguna Beach, all are under construction or have been completed. Mr. Evett said, at the April 28th Special Meeting, Mr. Lounsbury, a Gulf Q Stream resident, suggested there was a flaw in the assessment methodology saying his single family home was assessed lower than his condominium, which is not the case. His single family residence was assessed at approximately $13,000 and his condominium at approximately $7,000. Mr. Evett said one of the Town's staff issued a mild criticism of their Report, saying the property numbers and assessments in the back of the Study are difficult to follow, which may explain Mr. Lounsbury's misunderstanding. He said Mr. Caldwell, a condominium owner, said his ballot indicated his assessment at $9,733, which was the estimated assessment for that condominium. Annexation has taken place and, after refining the assessments, Mr. Caldwell's assessment is now $8,774, including capitalized interest. Mr. Randolph stated that during the first reading of the Ordinance the assessment methodology was made a part of the record. He asked Mr. Evett if he had this assessment methodology study with him today and, if so, requested it be made a part of the record. Mr. Evett said he had it with him. The Assessment Methodology Study dated May 6, 2011 was made a part of the record and will be filed with the Town of Gulf Stream. In closing, Mr. Evett said Communities have the option to establish user fees for activities of local government and they have the authority to make those fees flexible for good public purposes. However, assessments are fixed and cannot be changed. In this case they are apportioning one total cost and if you decrease the cost for one particular group for what you feel is good public purpose it naturally expands the cost of the other. It is a fixed and fair system, but certain limitations are placed on local government. Mr. Randolph said ad valorem tax would be the obvious approach and asked why a special assessment is being recommended in this case as opposed to ad valorem tax. Mr. Evett said the Town of Jupiter Island chose an ad valorem tax and had an overwhelming majority vote in favor; however, the entire Island was included in the project. In Gulf Stream's case, Place Au Soleil is excluded from the project as their facilities are already buried. An assessment program is based on direct benefits properties receive from a project and it is the fairest method under Florida Law for assigning costs. It would be unfair to levy an ad valorem tax to the entire community when a portion of the community will receive no benefit from the project. Clerk Taylor read a letter dated May 11, 2011 from Commissioner Chip Block of Jupiter Inlet Colony expressing their Commission's view of the benefits to be received from their undergrounding project. In his letter, Commissioner Block states that Jupiter Inlet Colony experienced several dangerous incidents resulting from downed wires and, therefore, Regular Meeting and Public Hearing Town Commission - May 13, 2011 Page 6 their highest priority as elected officials was to improve public safety. Their next priority was reliability because, being directly on the ocean, their overhead system was prone to frequent outages. He said aesthetics was an important benefit, but not a driver for the project. Jupiter Inlet Colony chose to fund the project through special assessment, the same assessment methodology recommended to the Town of O Gulf Stream, based on the Commission's finding that it was a fair and reasonable way to allocate the costs of the project. Commissioner Block's letter is attached hereto and made a part of the record. Clerk Taylor read a letter dated April 7, 2011 from Gene Jankowski, President of Board of Golf View Club of Gulf Stream, Inc. In his letter, Mr. Jankowski said he has full support of his Board and Owners who strongly object to the method of allocation of costs for this project and believe it is grossly unfair and prejudicial. He indicates in the letter that they assume the straw vote is not legally or officially binding. The Board and Owners request access to written documents and data explaining the assessment formula and they would like the Town to schedule a meeting for each multi -unit building for the purpose of recalculating the formula. Mr. Jankowski's letter was made a part of the record and will be filed with the Town of Gulf Stream. Marcie Nolan introduced herself and stated that she is an attorney with the Law Firm of Becker & Poliakoff. Mayor Koch asked Ms. Nolan how many condominium communities she is representing. Ms. Nolan said she represents Gulf Shores only, but members of other condominium associations are present and will speak. Ms. Nolan said she would like their prior presentation and all prior testimony from the April 28, 2011 Special Meeting to be entered into the record. Ms. Nolan said Gulf Stream Shores has never been opposed to the undergrounding project, but they are specifically opposed to the special assessment methodology being presented for approval today and find it to be unfair and unreasonable as applied to multi - family residences. She distributed a power point presentation and requested that it be entered into the record. The Power Point Presentation dated May 13, 2011 was made a part of the record and will be filed with the Town of Gulf Stream. Ms. Nolan said Gulf Stream Shores has 54 units with 200 ft. of lot frontage. FPL would charge them $40,000 to underground their project, G but their special assessment is $330,000, which proves that the methodology is unbalanced and unfair. She said Gulf Stream is beautiful and understands why the Town wants to bury their power lines, referring to photos of specific portions of the community showing private roads, Australian Pines and a golf course, all with visible overhead power lines and some intermingled into the vegetation. Ms. Nolan said the purpose of the project is not in question, however, under Special Assessment Law, F.S. Section 170.201, special assessment methodology is prescribed as either front or square footage and the court will not challenge you on those methods. There is an alternative method called Benefit Assessment, which Gulf Stream has chosen, and is a legal method to be used as long as the amount of the assessment for each parcel is not in excess of the proportional benefits as compared to other Regular Meeting and Public Hearing Town Commission - May 13, 2011 Page 7 assessments on other parcels of land and it is fair and reasonable. Ms. Nolan said one - quarter of the Community is multi - family and referred to examples of assessments for single family and multi - family, comparing their square footage and cost, as noted in her power point presentation. She asked Peter Vilardello, an Engineer and the Project Manager at Gulf Stream Shores, to speak on his view of the Assessment Methodology and O how the benefits or reliability, safety and aesthetics have been quantified. Mr. Vilardello said his background is engineering and recently completed a project in St. Louis called Power On, a $300,000,000 overhead to underground conversion program. He said he also worked with FPL as a Contract Engineer doing overhead to underground conversions and relocations in this area and Storm Secure System. Mr. Vilardello said he is an advocate of undergrounding, but finds the Willdan report very confusing and totally unreasonable for Gulf Stream Shores. The division of electricity is demand load, not volume, and this assessment methodology is used primarily for water /sewage projects. He said Gulf Stream Shores has one 3 -phase connection to the building and feels that one line should have one assessment, not 54. With regard to safety, Mr. Vilardello the benefit for condominiums and single family residences is the same and FPL has a system in place to prevent burning from down power lines. With regard to reliability, he said if the power is out on AlA, it may not affect the entire community. In addition, power lines are above - ground in Briny Breezes and, unless they underground their system to connect to the line running under the Intracoastal, if their power goes out, Gulf Stream will also be out. In conclusion, Mr. Vilardello said that, as a multi - family residence, Gulf Stream Shores feels they are being penalized with their cost being three times more than a single family home. He said he does not believe he is qualified to put a value on aesthetics because, as an Engineer, he looks at poles and thinks of the technology, not the aesthetics, and the issue in this project is the methodology to pay for it. Ms. Nolan said, for the record, Mr. Vilardello did read the Methodology Report for his testimony. Ms. Nolan referred to the "Other Model - Jupiter Inlet Colony" saying she has a copy of their assessment methodology which she would like entered into the record. The Town of O Jupiter Inlet Colony Resolution No. 2011 -1 and the Town of Jupiter Inlet Colony Utility Undergrounding Assessment Methodology by Willdan Financial Services dated September 1, 2010 was entered into the record, all of which will be filed with the Town of Gulf Stream. Ms. Nolan said Jupiter Inlet Colony is a beautiful island community with all single family homes similar in square footage and lot size and every residential property was assessed 1 EBU. Similar to Gulf Stream, there is one condominium outside their municipality which will benefit from the project and their EBU was calculated based upon equivalent lot size when compared to a typical single family home, not as individual units within the complex. Their cost is one -third the cost of the single Regular Meeting and Public Hearing Town Commission - May 13, 2011 Page 8 family homes. In Jupiter Inlet Colony's case, the costs do not differ for the benefits of safety, reliability or aesthetics. Ms. Nolan mentioned other legal assessment methods, being Area Assessment, which is based on lot size, and Front Method, which is based on what it will cost to bury utilities in front of a lot per linear O foot. She said the removal of private streets would reduce the costs by 20% from each assessment and FPL estimates they would charge $200 per linear foot. Ms. Nolan said FPL's costs go before the Public Service Commission for approval. FPL has a Tariff System, which is a cost they assess lots for utility undergrounding, where they look at existing projects under construction, whether it is an underground or an overhead project, and the additional electrical costs FPL factors in. It is one fee per lot, not per unit, and it is called a demand service. In conclusion, she said the assessment is in excess of the benefits received and cannot be approved as it violates F.S. Section 172.201. She said the role of the Commission is to understand and approve the methodology proposed by Willdan. She asked the Commission to look at the facts and evidence presented and determine if there is enough evidence on the record to support a finding that this ordinance does not confer more costs than it does benefits to properties identified in the assessment area. The decision cannot be arbitrary or capricious and must be reasonable and the assessment must be fairly and equitably apportioned. Ms. Nolan said she does not believe it is fair and reasonable and suggested the Commission either table this project for a month to consider other options or deny the project until the economy improves. Clerk Taylor stated there was one more letter from Mayor Koch to Senator Bogdanoff dated May 29, 2011 regarding the special assessment. She read the Mayor's letter to Senator Bogdanoff dated May 29, 2011 into the record and it will be filed with the Town of Gulf Stream. The purpose of Mayor Koch's letter was to express the Town of Gulf Stream's opinion and reasons why they disagree with a recent request the Gulf Stream Shores Condominium Association (G.S. Shores Assoc.) made of Senator Bogdanoff. The G.S. Shores Assoc. asked the Senator if her Office could find a vehicle in some pending legislation regarding special assessments levied on condominium and cooperatives, wherein it could provide that O "When a municipality levies a non -ad valorem special assessment on a condominium regulated under Chapter 718, or a cooperative regulated under 719, the non -ad valorem special assessment shall not be based upon the assertion that the condominium is comprised of multiple units. Instead a condominium regulated under Chapter 718 or a cooperative regulated under Chapter 719 shall be assessed as a single parcel of land. (to be placed in 170.201(3)." Clerk Taylor read Ordinance No. 011/2 by title, passed on first reading on the 28th day of April, 2011 and being presented for a second and final reading on this 13th day of May, 2011. The floor was opened to comments by the Public. Regular Meeting and Public Hearing Town Commission - May 13, 2011 Page 9 Nancy Wibblesman, a Sommerset Condominium resident, thanked the Mayor and Commissioners for promoting underground, saying that her primary interest is safety. She was in Town during one hurricane, the power went out due to fallen trees and limbs taking down power lines and it was out for several weeks, but Delray was up within a couple of days. Ms. Wibblesman complimented the Town on how they handled the situation, O saying tried to get the State in to assist, but had to hire a team from Ohio to string the local lines. In addition, Ms. Wibbleman said Becker & Poliakoff's methodology handout is not accurate. It indicates that Sommerset has 2,987 SF per unit when it is actually between 1,200 and 1,300 SF per unit. Sommerset voted 100% for the chosen methodology and majority of residents voted in favor, but was not sure of the percentage of votes in favor. Mr. Robert Ganger, President of the Gulf Stream Civic Association said it was 56 %. Speaking on behalf of the Civic Association, he said the Town Commission could have voted for this project, but they gave the vote to the residents and it was extremely fair. Ron Standerfer, a year -round Gulf Stream Shores resident and registered voter, said a 16,000 SF single family home directly across from was assessed at $9,700 and a 500 SF studio apartment to his right is assessed at $6,200. Mr. Standerfer said the Mayor stated in his letter to Senator Bogdanoff that there is some fine tuning to be done. He said he believes that is so and suggested the Commission meet with the consultants to come up with a fair methodology for everyone because the methodology approved by Gulf Stream could set a legal precedence in Florida. Edward Johnson, President of Gulf Stream Manor Time Share, said with regard to liability that he does not see any financial participation from the phone, power or cable companies who will also benefit from improved reliability. He said he had difficulty figuring out how EBUs were applied and safety EBUs are apportioned differently for each multi- family complex. In conclusion, Mr. Johnson said in past inquiries with the Town they were always told that are not in Gulf Stream and would have to contact Palm Beach County for emergency service. After deciding to underground utilities decided to annexed Gulf Stream Manor and was curious as to why. John Caldwell, Vice - President of the Golf View Club, said it was his C), letter that was entered into the record and thanked the Commission for complying with most of their request. He thanked Mr. Evett for correcting their initial assessment, which is now at $8,200 per unit, but they have no obstructions and will have no aesthetics benefit. Mr. Caldwell said the Jupiter methodology was drastically different and should be explored, and that the records are devoid of documentation showing other options. He said Gulf Stream is blocked from the ad valorem tax because a portion of the Town will not benefit from the project and asked if there might be an exception to the ad valorem method in this instance. Mr. Caldwell said there is a significant gap in the assessments with regard to fairness. Regular Meeting and Public Hearing Town Commission - May 13, 2011 Page 10 Bob Roach, Vice - President of Gulf Stream Shores Condominiums, said he is not opposed to the project, but there are two other methods of assessment and feels they should be explored. He said the Commission should make a motion to have the consultants explore them before approving the recommended assessment methodology. Sophie Bandt, a resident of Hillside House, said she was not present to represent condominiums, but wanted to express that many of their property owners believe the assessment methodology is unfair. Margo Stahl Gannon said Jupiter Island went to great expense to remove and relocate Australian Pines for safety purposes because they knew they could come down blocking emergency vehicles. She said safety and reliability will remain an issue in Gulf Stream as long as the Australian Pines exist along AlA and, if allowed to grow they seed the beach with Australian Pines which will have an impact on Sea Turtle nesting. Ms. Stahl said she is opposed to maintaining them if safety is an issue. To clarify some of the comments made, Mr. Brannon said utility lines run in rights -of -way and easements and it is not a street improvement issue. He said FPL tariffs do have density factors and, as a function of density, they discriminate between high and low density. Mr. Brannon clarified that FPL paid almost 50% of the Jupiter Island project and, as a direct contribution they are paying 25% of Gulf Stream's project as part of their Storm Secure Program. In conclusion, Mr. Brannon addressed a comment made about Gulf Stream being without power if the Briny Breeze overhead system fails. He said, although he had difficulty finding it, there is a sub - marine cable running under the Intracoastal from the end of Little Club Road to the mainland connection and, therefore, Gulf Stream will have a viable power source. Mayor Koch said the Commission will consider everyone's comments. Mr. Randolph said to Clerk Taylor, for the record and from the Town's standpoint, to be sure that everything from the first reading of the Ordinance at the April 28, 2011 Special Commission Meeting is made a part of the record and filed with the Town. Vice -Mayor Orthwein moved and Commissioner Devitt seconded to approve O Ordinance No. 011/2 on second reading this 13th day of May, 2011. There was no discussion. All voted AYE. Clerk Taylor read Resolution No. 011 -9 in title, stating that this Resolution was amended at this meeting changing the date in Section 6 from November 2012 to November 2011. Vice -Mayor Orthwein moved and Commissioner Anderson seconded to approve Resolution No. 011 -9, as amended. There was no discussion. All voted AYE. Clerk Taylor read Resolution No. 011 -10 in title. Vice -Mayor Orthwein moved and Commissioner Anderson seconded to approve Resolution No. 011- 10. There was no discussion. All voted AYE. Regular Meeting and Public Hearing Town Commission - May 13, 2011 Page 11 Clerk Taylor called for a brief recess. Mayor Koch recessed the meeting at approximately 10:40 A.M. Mayor Koch called the Meeting back to order at 10:55 A.M. Clerk Taylor requested that the Audit of Financial Statements be heard at this time. C, Ron Bennett of Nowlen, Holt & Miner, P.A. reviewed the Audit Report for September 30, 2010. He thanked the Town for their business and the management and staff for their professionalism and for doing an excellent job. Mr. Bennett said every year prior to this, his Firm gave an unqualified and clean opinion; however, this year there is one qualification due to the Town not implementing GASB45 Standards. He distributed a handout showing a comparison of the Governmental Revenues and Expenditures, Fund Balance and Enterprise Fund over five years. He said Governmental Revenues decreased 2% over the prior year due to a $70,000 decrease in ad valorem taxes and the Town instituting Utility Services Taxes as a new revenue source, which went from zero to $67,000 and offset the decrease in ad valorem. Mr. Bennett said the primary drop of a $52,000 total decrease was $15,000 in licenses and permits and $35,000 in investment earnings. He said Expenditures are almost identical to the prior year and are practically unchanged over five years, the Fund Balance is up about $82,000 from the prior year and the Unreserved Fund Balance is about 57% of the year's expenditures, which is a reasonable range. Additionally, the Proprietary Fund had an operating income of $55,000 over the prior year, which is status quo. Commissioner Devitt asked about the qualified opinion and said it was discussed in a previous meeting. Mr. Bennett said the Town asked him to prepare a sample opinion letter in the event they decided not to implement the GASB45 Standards. The Auditor General for the State of Texas said if you have an opinion that is only qualified because you did not implement GASB45, they will consider than an unqualified opinion. He said if the Town had used an Acturary, they would have found the numbers to be immaterial. Mayor Koch asked if a copy of the Audit had to be sent to the new Inspector General. Mr. Bennett said no, but you must send an electronic and a paper copy to the Auditor General. He said eventually the Auditor General will only accept an electronic copy which will appear on a universal one -state website. Commissioner Anderson moved and Commissioner Devitt seconded to accept the Financial Statements with Independent Auditor's Report for September 30, 2010. There was no discussion. All voted AYE. VII. PUBLIC HEARING. Clerk Taylor administered the Oath the George Brewer and Digby Bridges. She asked if there had been ex -parte communications concerning the application for Binnie. There were no ex -parte communications declared. A. Applications for Development Approval 1. An application submitted by George Brewer, Brewer Architecture, Inc., as agent for William Binnie, owner of property located at 1314 N. Ocean Blvd., Gulf Stream, Regular Meeting and Public Hearing Town Commission - May 13, 2011 Page 12 Florida, which is legally described as Lots 4, 4A, 5 & 5A, replat of Donald B. McLouth Subdivision. a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW (1) Demolish 1,378 sq. ft. of existing home and a 48 sq. ft. outbuilding (2) Construct a cabana and an addition to the existing Gulf Stream Bermuda style home, a total of 3,215 sq. ft. (3) Construct a 2 -car garage, 762 sq. ft. (4) Relocate swimming pool (5) Relocate and add landscape material. Mr. Brewer said this is a renovation project to a home that was built in 1969 and had many owners who have made renovations to the property. He explained that the existing layout of the home is not beneficial and, therefore, they will rearrange the interior layout, construct an addition to the existing home and a 2 -car garage, relocate the pool to the rear of the property where there is a water view, add a cabana and relocate and add landscaping. Mr. Brewer said there will be an outdoor loggia, they will maintain the center court and relocate and add landscaping, reroof the home and add a new septic system. He said the existing tennis court has a clay surface and the new owners are avid tennis players and would prefer a hard court. The ARPB recommended approval of this project with the condition that the existing clay tennis court would remain clay, stating that if the applicant wanted to make a change in the surface of the tennis court, he would have to come back to the ARPB with a separate application. Mr. Brewer said that a hard court would be easier to maintain and would conserve the use of water resources and asked the Commission to consider eliminating that condition. Commissioner Anderson asked if the Town insists on clay tennis courts. Mr. Thrasher said no, but the location of this tennis court is in the setback area and he was not sure if a surface change would require meeting the minor accessory setbacks. Mr. Brewer said the intention is bring the house back to its original state using original details in the new construction. He said an existing outbuilding will be eliminated, the area around the sliding gates will be cleaned up and a small parking area for maintenance will be provided. O Commissioner Devitt asked about the owner's preference concerning the roof. Mr. Brewer said the house will remain white with white window trim and dark green shutters, but the owner asked for a roof tile that looks closest to slate rather than white tile. He showed a roof tile sample and said there will be copper flashing and copper trim on the roof pediments. He did not have a picture of a home with that tile, but he said a home just across the yacht basin in Hidden Harbour has the identical tile. There was discussion including the amount of overlay and how much it would lighten in time, but it was the consensus of the Commission that they would prefer to see photos of a home with that tile and an address for the purpose of driving by for a closer look. Regular Meeting and Public Hearing Town Commission - May 13, 2011 Page 13 Clerk Taylor administered the Oath to Mark Marsh, who confirmed what Mr. Brewer said. Commissioner Devitt asked Mr. Thrasher if they would have to make a finding that it was slate -like in order to approve the tile and Mr. Thrasher confirmed that. Mr. Marsh was asked if the tile has a nice appearance. Mr. Marsh said it looks like slate and requires no maintenance. He said he just reroofed a house in Sea Gate in Delray C) with this tile. Commissioner Devitt asked if they could approve this application with a white tile and ask the applicant to come back with photos and more material and information concerning the gray tile. Mr. Randolph said they could approve the project today and continue the hearing subject to the coming back regarding the roof tile. Commissioner Devitt moved and Commissioner Anderson seconded to approve a Level III Architectural /Site Plan based on a finding that the proposed demolition of 1,378 SF of the existing home and a 48 SF outbuilding; construction of a cabana and an addition to the existing Gulf Stream Bermuda style home, a total of 3,215 SF and a 762 SF 2 -car garage; relocation of a swimming pool; relocation and additional landscape material meet the minimum intent of the Design Manual and applicable review standards with the following conditions: 1. Any minor modifications in the drainage plan shall be submitted to the Town for review and approval and any major modifications shall be brought back to the ARPB for review and approval. 2. If not already, electric service lines shall be buried. 3. The roof tile shall be white (through and through) flat cement tile, with an allowance that the applicant can come back to the Town Commission with further evidence showing that the roof tile material is slate -like. 4. 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. 5. Air Conditioning Equipment shall be placed outside of the setback area. Presently, the equipment is placed in the front setback area. There was no discussion. All voted AYE. 2. An application submitted by Bridges, Marsh & Associates, O Inc., as agents for Mr. & Mrs. Martin Brown, owners of property located at 2 Driftwood Landing, Gulf Stream, Florida, which is legally described as Lot 8, Driftwood Landing Subdivision. a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW (1) Construct a detached two -story Gulf Stream Bermuda style guest house consisting of 1,225 sq. ft. (2) Construct a one -story detached garage consisting of 469 sq. ft. with a new driveway access off Driftwood Landing. Regular Meeting and Public Hearing Town Commission - May 13, 2011 Page 14 Clerk Taylor asked if there were ex -parte communications concerning the Brown application. There were none. Mark Marsh and Digby Bridges, agents for Brown, presented the application for this project. Mr. Marsh said the house is on a unique lot fronting on Pelican Lane to the south with a private road as the main access to the property on Driftwood Landing. The lot is very large with a tremendous amount of landscaping C, and a well - established Ficus tree. He said they are proposing an addition of a free - standing one -story garage with a trellis connection to a new two -story guest cottage. The architecture and details mimic the style of the home and the color will remain the same, tying into the main structure. Mr. Marsh said when they originally met with staff, they were proposing a guest cottage and staff said they were non - conforming and would need to add a garage. He said he spoke with Mr. Randolph and the owner's attorney and would like the Commission to consider removing that requirement because the improvement to the property is about 50% of its value. Mr. Randolph said if they demolished the home and rebuilt, or if renovations were more than 75% of the value, they would be required to add a garage and, therefore, he advised them that a garage would not be required. Commissioner Devitt asked if ample parking is provided if they do not add a garage and Mr. Marsh said there is a very large driveway and parking on the private road. Mayor Koch asked Clerk Taylor if anyone has appeared to oppose the project. Clerk Taylor said no. Commissioner Devitt commented that he did not recall asking for prior approval from the Driftwood Landing HOA in the past and wanted to omit that and the garage. Commissioner Devitt moved and Commissioner Anderson seconded to approve the Level III Architectural /Site Plan based on a finding that the proposed two -story guest house consisting of 1,225 SF, the style being consistent with the existing one -story Gulf Stream Bermuda home, meet the minimum intent of the Design Manual and applicable review standards with the following condition: 1. Electric Service line(s) be buried if they are not already. 2. The initial garage proposed in the Plan is withdrawn. There was no discussion. All voted AYE. 3. An application submitted by Mark Marsh, Bridges, Marsh & Associates, Inc., as agent for Mr. & Mrs. James Davis, owners of property located at 554 Palm Way, Gulf Stream, Florida, which is legally described as Lot 1 and the west 41 ft. of Lot 2, Gulf Stream Cove Subdivision and the south 50 ft. of Lot 21, Polo Cove Subdivision. a. SPECIAL EXCEPTION to establish a waterfront minimum setback of 30 feet. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW (1) Additions of 1,328 sq. ft. to the existing two story single family dwelling, the style of which will become Dutch Colonial. (2) Construction of a detached 910 sq. ft. two -story storage /guest room. Regular Meeting and Public Hearing Town Commission - May 13, 2011 Page 15 (3) Construction of a 400 sq. ft. cabana. Clerk Taylor asked if there were ex -parte communications concerning this application. Mayor Koch said he made the sale of this property and collected the commission and did not want to participate in this portion of the hearing. He passed the gavel to Vice -Mayor Orthwein. There were no other disclosures. OMark Marsh, agent for Davis, said this home was built in the late 60's and is well constructed, but has no Florida character. It has a brick first level and a board and batten second level, which will be all stucco and painted white. Mayor Koch said the house was built for the daughter of the Secretary of Defense. Mr. Marsh said the new owner wants to renovate and transform the house into a Dutch Colonial. The existing 2 -story house will have two loggias and one covered logia on the southeast side, they will construct a pool cabana with a covered bar and a small bathroom, and a 2 -story structure with storage on the first level and a guest cottage above. He said they will create a new front entry element with a study over the entry structure and extending Bay windows on each side of the front entry. He said they comply with all setbacks and, with regard to the Special Exception to establish waterfront minimum rear setbacks of 301, they will exceed that and will not utilize the Special Exception. Mr. Marsh displayed before and after drawings showing the transformation to a Dutch Colonial style with Dutch pediment elements. Mr. Marsh said staff is recommending a white tile roof, but the applicant would prefer a gray roof tile that mimics slate to break up the white. He showed a photo of the Town Hall in Ocean Ridge, which is a Cape Dutch Colonial with a gray slate -like roof. Commissioner Devitt asked if a lot of the structure is remaining and Mr. Marsh confirmed that, along with the roof structure. Mr. Marsh said the driveway on the property will be realigned to provide privacy and to eliminate motorists using it as a turnaround. Commissioner Devitt stated that he liked the gray slate -look roof tile and would prefer they come back to the Commission for that portion of the application with samples and additional material and information. He asked Mr. Thrasher the significance of the first motion on the rear setback. Mr. Thrasher it is a Special Exception and according to the C� application, they meet the standards as addressed earlier. Commissioner Devitt moved and Commissioner Anderson seconded to approve the Special Exception to establish waterfront minimum rear setbacks of 30'. There was no discussion. All voted AYE. Commissioner Devitt moved and Commissioner Anderson seconded to approve the Level III Architectural /Site Plan based on a finding that the addition consisting of 1,328 SF to the existing two -story single family dwelling, the style of which will become Dutch Colonial, construction of a detached 910 SF two -story storage /guest room and a 400 SF cabana meet Regular Meeting and Public Hearing Town Commission - May 13, 2011 Page 16 the minimum intent of the Design Manual and applicable review standards with the following conditions: 1. Electric Service line shall be buried if it is not already. 2. The requested slate -like roof tile be brought back to the Commission for approval with evidence to meet that intent. 3. Docks and /or boat lifts will conform to Section 66 -369 "Docks" Oof the Code. 4. An application submitted by Mark Marsh, Bridges, Marsh & Associates, Inc., agent for Mr. & Mrs. Steven Silverman, owners of property located at 1465 North Ocean Blvd., Gulf Stream, Florida, legally described in metes & bounds in Sec. 10, Twnshp. 46 S, Range 43 E in the Town of Gulf Stream. a. SPECIAL EXCEPTION to permit construction of a dune crossover east of the Coastal Construction Control Line. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a 4 foot wide dune crossover structure seaward of the Coastal Construction Control Line. Clerk Taylor asked if there were ex -parte communication concerning this application. There were none. Mark Marsh, agent for Silverman, said Mr. Ganger's property is to the south and Mr. Alexander's property is to the north of the Silverman property, which was originally a part of the Ganger property and later deeded out. Beach access is currently across the Alexander property which was a private easement unilaterally granted many years ago, but not a deed restriction. He explained that for the development of this project they are taking back the easement and, as a result, will have to vacate the access easement to the beach, which leaves no beach access. Mr. Marsh said they have been working with the Department of Environmental Protection (DEP) for the permit and request is to construct the crossover on the north side of the property, 15 feet off from the property line. It will cross over the bulkhead that goes across both properties, they will restore the bulkhead where the opening exists, the bulkhead and Sea Grapes will not be disturbed and the crossover will be constructed so that it can break away in a storm. Mr. Ganger, owner of the property to the south, stated he would prefer the crossover remain where it was originally, and the neighbors to the north would prefer the Silvermans did not access the beach from their O property. He said the ARPB made the only decision available and he respects their decision. Katherine, an employee of Mr. Alexander was present and asked Mr. Marsh to confirm that the location of the crossover is located where designated on the diagram he provided. Mr. Marsh confirmed that. Commissioner Anderson moved and Commissioner Devitt seconded to approve the Special Exception to permit construction of a dune crossover east of the Coastal Construction Control Line 1978 based on the finding that the dune crossover meets the minimum intent of the Design Manual and applicable review standards. There was no discussion. All voted AYE. Regular Meeting and Public Hearing Town Commission - May 13, 2011 Page 17 Commissioner Anderson moved and Commissioner Devitt seconded to approve a Level III Architectural /Site Plan to permit construction of a 4 -foot wide dune crossover structure seaward of the Coastal Construction Line 1978 based on the finding the dune crossover meets the minimum intent of the Design Manual and applicable review standards. There was no discussion. All voted AYE. VIII. Reports. A. Audit 9 /30 /10- Nowlen, Holt & Miner, P.A. This presentation was made prior to the Public Hearing. B. Town Manager No Report. C. Architectural Review & Planning Board 1. Meeting Dates a. May 24, 2011 @ 8:15 A.M.- Ethics Training for Municipal Employees and Officials b. May 26, 2011 @ 8:30 A.M. c. June 23, 2011 @ 8:30 A.M. d. July 28, 2011 @ 8:30 A.M. e. No meeting in August 2011 f. September 22, 2011 @ 8:30 A.M. g. October 27, 2011 @ 8:30 A.M. Clerk Taylor brought attention to the schedule of upcoming meetings and announced the Ethics Training for municipal Employees and Officials which will take place at 8:15 A.M. on Tuesday, May 24, 2011 in the Town Hall Commission Chambers. D. Finance Director 1. Financial Report for April 2011 Mr. Thrasher requested the Financial Report for April 2011 be approved as submitted. Vice -Mayor Orthwein moved and Commissioner Devitt seconded to approve the Financial Report as submitted. There was no discussion. All voted AYE. E. Police Chief 1. Activity for April 2011 Chief Ward requested the Activity Report for April 2011 be accepted as submitted. There was no discussion. The Activity Report was accepted by the Mayor and Commissioners. IX. Items for Commission Action. 0 D. Interlocal Agreement -NPDES Third Term Permit with Northern Palm Beach County Improvement District Clerk Taylor explained that the Town continues to enter into this Agreement because they control the Town's storm drainage and discharge. She asked for approval of the Agreement and authorization for the Mayor to execute the Agreement. Vice -Mayor Orthwein moved and Commissioner Devitt seconded to approve the Interlocal Agreement -NPDES Third Term Permit with Northern Palm Beach County Improvement District and to authorize the Mayor to execute the Agreement. There was no discussion. All voted AYE. E. Items by Mayor & Commissioners There were no items by the Mayor or Commissioners. Regular Meeting and Public Hearing Town Commission - May 13, 2011 Page 18 X. Correspondence. A. Regarding assessments for undergrounding project -Golf View Club OXI. Public. There were no public comments. XII. Adjournment. The meeting was adjourned at 12:10 P.M. Gail C. Abbale Administrative Assistant I FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE KOCH, WILLIAM F. JR. TaIN COMMISSION 1 MAILING ADDRESS THE BOARD. COUNCIL. COMMISSION. AUTHORITY. OR cDMM1TTrp ON WHICH 1 SERVE IS A UNIT OF: XXCI'I Y . COUNTY ' OTHER LOC'AI AGENCY COUNTY NAME OF POLITICAL SUBDIVISION: Palm Beach I Town of Gulf Stream WHICH VOI -L (X'CURRED MY POSITION IS: May 13, 2011 i )CC ELECTIVE APPOINTIVE WHO MUST FILE FORM dB This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest udder Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inure! to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the specia gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure or which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure whict inures to his special private gain. Each local officer also is prohibited froth knowingly voting on a measure which inures to thl .pecial gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but mus disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whethe made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICk THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible fo recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest IF YOU MAKE NO :ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within IS days after the vote occurs with the person responsible for recording; the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, William F. Koch, Jr. hereby disclose that on May 13, 2Q11 19_ (a) A measure came or will come before my agency which (check one) _ inured to my special private gain, or X William F. Koch Jr. Realty ._ inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: The real estate agency with which I am associated participated in the sale of the property located at 554 Palm Way, Gulf Stream, FL. The architect, Mark Marsh, on behalf of the property owner made application for additions and improvements to this property. The decision on this application rests with the Town carmission which I am a member of. , Date Filed 5 -13 -11 Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112:317 (1985),'A'FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY'ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND,,OR A CIVIL PENALTY NOT TO EXCEED S500. F MD. .n NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on Thursday, May 26, 2011 at 8:30 A.M., and the Town Commission will hold a Public Hearing on Friday, June 10, 2011 at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100 OSea Road, Gulf Stream, Florida, at which the following will be considered: An application submitted by Robert Fetrow of Gator Engineering as agent for Mr. & Mrs. Joseph Hardiman, owners of property located at 540 Old School Rd., Gulf Stream, Florida, legally described as Lot 1, Blk. 3, Polo Fields #1 Subdivision, Gulf Stream, Florida, for the following: SPECIAL EXCEPTION to permit a rear, waterfront setback in the Core Design District of 30 feet. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit additions of a 300 square foot covered, unenclosed porch (replacing a canvas covered open area) and a 69 square foot closet to an existing one - story, single family Gulf Stream Bermuda style dwelling. 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: May 6, 2011 TOWN OF GULF STREAM, FLORIDA Rita L. Taylor, T6Vfn Clerk NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on Thursday, May 26, 2011 at 8:30 A.M., and the Town Commission will hold a Public Hearing on Friday, June 10, 2011 at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100 O Sea Road, Gulf Stream, Florida, at which the following will be considered: An application submitted by Quinn Miklos, Miklos and Associates P.A., as agent for Constance Swift, owner of property located at 2562 Avenue Au Soleil, Gulf Stream, Florida 33483, legally described as Lots 42 & 43 in Place Au Soleil Subdivison, Gulf Stream, Florida, for the following: LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of an attached 2,548 square foot guest addition and 3 car garage to the existing 7,409 square foot, one- story, single family Gulf Stream Bermuda dwelling. 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: May 13, 2011' TOWN OF GULF STREAM, FLORIDA 21 � ` Rita L. Taylor, own Clerk