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Home My Public Portal About06/10/2011l� ? l June 3, 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, JUNE 10, 2011 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Ii. Pledge of Allegiance. III. Roll Call. IV. Minutes. A. Regular & Public Hearing of 5 -13 -11 B. Special Joint Meeting of 5 -24 -11 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Public Requests. A. Report on 2011 Legislative Session -State Representative Hager VII. Announcements. A. Regular Meetings and Public Hearings 1. July 8, 2011 @ 9 A.M. 2. August 12, 2011 @ 9 A.M. 3. September 9, 2011 @ 9 A.M. 4. October 14, 2011 @ 9 A.M. 5. November to be determined 6. December 9, 2011 @ 9 A.M. VIII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Robert Fetrow, Gator Engineering, as Agent for Mr.& Mrs. Joseph Hardiman, owners of property located at 540 Old School Road, Gulf Stream, Florida, which is legally described as Lot 1, Blk. 3, Polo Fields #1 Subdivision, Gulf Stream, Florida. a. SPECIAL EXCEPTION to permit a rear, waterfront setback in the Core Design District of 30 feet. b. LEVEL 3 ARCHITECTO'RAL /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. 2. 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. a. LAND CLEARING PERMIT to remove old vegetation of no significance and one Royal Palm to clear building site. b. DEMOLITION PERMIT to remove all existing structures. c. SPECIAL EXCEPTION to allow 244 square feet of covered, unenclosed area that exceeds the maximum FAR. d. 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. AGENDA CONTINUED 3. 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 Lot 42 & 43 in Place Au Soleil Subdivision, Gulf Stream, Florida. a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of an attached 2,548 square foot guest r J' addition and 3 car garage to the existing 7,409 square foot, one- story, single family Gulf Stream Bermuda dwelling. IX. Reports. A. Town Manager B. Architectural Review & Planning Board 1. Meeting Dates a. June 23, 2011 @ 8:30 A.M. b. July 28, 2011 @ 8:30 A.M. c. No meeting in August 2011 d. September 22, 2011 @ 8:30 A.M. e. October 27, 2011 @ 8:30 A.M. f. November to be determined C. Finance Director 1. Financial Report for May 2011 2. Water Usage as of May 31, 2011 D. Police Chief 1. Activity for May 2011 X. Items for Commission Action. A. Request for a Construction Trailer;4001 N. Ocean-Kast Constr. B. Interlocal Cooperation Agreement for participation in the Palm Beach County Urban County Program for FY 2012 thru 2014. C. Select Voting Delegate for Fla. League of Cities Conference D. Items by Mayor & Commissioners 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 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JUNE 10, 2011 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Vice -Mayor Orthwein called the meeting to order at 9:00 A.M. CII. Pledge of Allegiance. The Pledge of Allegiance was led by Vice- Mayor Orthwein. III. Roll Call. Present and Joan K. Orthwein Vice -Mayor Participating Muriel J. Anderson Commissioner Fred B. Devitt, III Commissioner Chris D. Wheeler Commissioner Absent w /Notice William F. Koch, Jr. Mayor Also Present and William H. Thrasher Town Manager Participating Rita L. Taylor Town Clerk John Randolph Town Attorney Garrett J. Ward Police Chief Bill Hager State Representative Robert Fetrow of Agent for Hardiman Gator Engineering William Wietsma of William Agent for Klein Wietsma Co. Gregor Miklos of Miklos & Agent for Swift Associates George Brewer of Agent for Binnie Brewer Architecture, Inc. Mark Marsh of Bridges, Agent for Davis Marsh & Associates, Inc. Zack Young of Kast Agent for 4001 N. Construction Ocean Blvd. IV. Minutes. A. Regular & Public Hearing of 5 -13 -11 Commissioner Devitt moved and Commissioner Anderson seconded to approve the Minutes of the 5/13/11 Regular Meeting and Public Hearing. There was no discussion. All voted AYE. B. Special Joint Meeting of 5 -24 -11 Commissioner Anderson moved and Commissioner Devitt seconded to approve the Minutes of the Special Joint Meeting of 5/24/11. There was no discussion. All voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Town Clerk Rita Taylor stated that there would be two additions to the Agenda: Item VIII.B.1., consideration of Gray slate -like roof tile for Binnie /1314 N. Ocean; and, VIII.B.2., consideration of Gray slate -like roof tile for Davis /554 Palm Way. VI. Public Requests. A. Report on 2011 Legislative Session -State Representative Hager Regular Meeting and Public Hearing Town Commission - June 10, 2011 Page 2 Florida State Representative Bill Hager gave a brief update on the 2011 Legislative Session which ended about four weeks ago. He represents House District 87 which includes the Town of Gulf Stream and the coastal communities from Boca Raton to Manalapan. Representative Hager said the Session began with six guiding principals: (1) Lower taxes; (2) limited scope of government; (3) promotion of personal responsibility; (4) encouragement of private sector growth; (5) support for public safety; Oand, (6) the protection of individual liberties. Representative Hager said during this year's Legislative Session there were no tax increases, no fee increases and they reduced business tax on small businesses by about $30,000,000 by increasing the exemption under Florida's Corporate Tax from $5,000 to $25,000. He said, despite a recession and a loss of about $5 billion dollars in revenue, they were able to balance the budget by reducing expenditures by $5 billion dollars. Legislators were also able to pass legislation to shut down pill mills whose doctors prescribe addictive medication. Representative Hager said there are 10 deaths a day in the State of Florida due to overdose of pain killers. Representative Hager said the cost curve for Medicaid is unsustainable. Medicaid is a 100% government -paid program for those who cannot afford health insurance. He said in the Year 2000 Medicaid took up 15% of the State's budget, this year it took up 1/3 of the budget, and ten years from now it would have taken up 50% of the Budget; however, Legislators were able to put a program in place moving most of Medicaid into managed care wherein the State will contract with HMOs on a per capita basis to provide coverage, thereby bending the cost curve. With regard to growth management, Representative Hager said legislators expedited the process for approval of development plans proposed by the communities by giving more authority back to local governments where it belongs versus significant State override. Representative Hager said while campaigning he walked the communities in his District and found the number one interest to be job creation. At the Federal level the unemployment rate is 9.1% and in Florida it is 11.2 %, which is significant. He said they did a lot of work in Session to create an engine for private sector growth by removing many regulations which were standing in the way of growth and, as he said previously, lowering taxes on small businesses by $30,000,000. Representative Hager said his ratings, with respect to his support of 01 job growth, were 94% as provided by the Florida Chamber of Commerce and 97% by the Associated Industry of Florida, meaning that he voted at those levels consistent with job growth. The State of Florida has no personal income tax and plans to bring corporate tax down to zero. He said data shows that when government supports private sector growth, jobs will come. In conclusion, Representative Hager said he is proud to have served his District. He was in touch with Mayor Koch during Session and, as a former Council Member, he said he did everything in his power to Regular Meeting and Public Hearing Town Commission - June 10, 2011 Page 3 preclude unfunded mandates rolling down from the Legislature to the District. Vice -Mayor Orthwein thanked Representative Hager for coming in to update the Commission on the Legislative Session. Town Manager William Thrasher introduced himself to Representative Hager. Mr. Thrasher said he thought it would be appropriate for the Commission to know that, at O the suggestion and assistance of our Mayor, near or at the last week of the Session it was incumbent upon the Town to contact Representative Hager's office. He thanked Representative Hager for their responsiveness and the information the Town received and said it was a pleasure working with his staff. Representative Hager said he is a servant and stands ready to help. He said he is fully employed and has businesses, but he gladly does this work. Commissioner Wheeler asked Representative Hager what he does for a living. Representative Hager said he is a Reinsurance Arbitrator, an Expert Witness in complex insurance cases and a Florida Attorney. VII. Announcements. A. Regular Meetings and Public Hearings 1. July B, 2011 @ 9 A.M. 2. August 12, 2011 @ 9 A.M. 3. September 9, 2011 @ 9 A.M. 4. October 14, 2011 @ 9 A.M. 5. November to be determined 6. December 9, 2011 @ 9 A.M. The Meeting Schedule was noted by Vice -Mayor Orthwein and there were no conflicts. VIII. PUBLIC HEARING. Clerk Taylor asked if there were any ex -parte communications concerning the matters to be heard today. There were none. She administered the Oath to Robert Fetrow of Gator Engineering, William Wietsma of William Wietsma Co., Zach Young of Kast Construction, George Brewer of Brewer Architecture, Inc. and Gregor Miklos of Miklos & Associates. A. Applications for Development Approval 1. An application submitted by Robert Fetrow, Gator Engineering, as Agent for Mr.& Mrs. Joseph Hardiman, owners of property located at 540 Old School Road, Gulf Stream, Florida, which is legally described as Lot 1, Blk. 3, Polo Fields #1 Subdivision, Gulf Stream, Florida. a. SPECIAL EXCEPTION to permit a rear, waterfront setback in the Core Design District of 30 feet. b. 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. Robert Fetrow of Gator Engineering introduced himself as the agent for Mr. and Mrs. Hardiman, owners of the property located at 540 Old School Rd. He said they are proposing a relocation of the swimming pool, an addition of 70 SF of closet space and a 600 SF covered porch, a patio Regular Meeting and Public Hearing Town Commission - June 10, 2011 Page 4 and two trellis structures. Clerk Taylor said they are asking for a special exception to permit a rear waterfront setback in the Core Design District of 30 feet. Commissioner Devitt asked Mr. Thrasher to explain why this would be a special exception and not a variance. Mr. Thrasher said the special exception is in regard to the rear setback and in the Core Area there is a section of the Code that talks about special exceptions which allows the setback to be reduced from 50' to 301. O Commissioner Wheeler asked what criteria must be met to be granted a special exception because he does not remember ever rejecting the request for a special exception and asked why the process is necessary. Mr. Thrasher read Town Code Section 70 -75 Special exception setbacks, sub - section (j) Rear setbacks for Waterfront lots in the Core District (2) Specific standards for review. a, b, c, and d (which allow this to be provided). He said if these standards do not exist you cannot grant a special exception, but he did not see anything in violation of the standards required in this case and, therefore can grant the special exception. Commissioner Devitt said we typically see a special exception when there is an existing wall encroaching into a setback. Mr. Thrasher said there is another section of the Code that talks about that, but there have been a lot of requests for special exceptions on the 30' setback in the Core for rear lot lines facing water. Mr. Randolph said this was most likely put into affect by the planners because of the diversity of setbacks in the area, and rather than making someone prove a hardship, which is almost impossible, they decided that a special exception would be a better option for this type of application. He said this is something you need to look at to see if the criteria has been met, and believes the process is relevant. Commissioner Wheeler said the site plan shows substantial landscaping on both sides of the property and Mr. Fetrow said there is a high Ficus hedge along both sides of the property and you cannot see the neighbor. Commissioner Wheeler moved and Commissioner Devitt seconded to approve a special exception to permit a rear, waterfront setback in the Core Design District of 30 feet. There was no discussion. All voted AYE. Commissioner Wheeler moved and Commissioner Anderson seconded to approve a Level III Architectural /Site Plan based on a finding that the proposed one -story addition of 127 SF (net) to an existing Gulf Stream Bermuda style single family dwelling meets the minimum intent of the Design Manual and applicable review standards with the following conditions: 1. Shutters to be added to new windows and match existing. 2. Muntins to be utilized on new windows to provide multi -pane window appearance and matching existing, with the allowance that the agent and property owner can come back to the Commission to re- address this condition. Mr. Thrasher stated that he will require discussion concerning the condition of approval relating to muntins on windows. Mr. Fetrow said he revisited the site following the ARPB Meeting and found that the windows in the front of the home have muntins, but the rear windows do not. Mr. Thrasher said he also visited the site, but the windows are shuttered over and could not observe them. He said he went back to Regular Meeting and Public Hearing Town Commission - June 10, 2011 Page 5 previous applications where Mr. Fetrow was the agent and there was a condition in that report where the windows would be divided and matching the existing, which was in 2002. Mr. Thrasher said back then muntins were the attachable type. Upon his review at that time the condition was met and, therefore, the Certificate of Completion was issued. He said there is a history with the home and it did have divided windows, and in 2002 the same condition existed as exists on the current Oapplication. Mr. Fetrow said there will be only one new window at the rear of the home and the other windows on the side and rear that were shuttered over do not have muntins. Mr. Thrasher said the previous application's approval condition in 2002 was accepted by Mr. Fetrow and somewhere in that home there were divided windows. Mr. Randolph stated that the application can be approved with this condition and allow the agent and homeowner to come back to the Commission to re- address the condition if they find the facts to be different. Mr. Fetrow said the other issue is the shutters on the new rear window. He said the shutters he was going to install on the rear closet window fall short due to the trellis structure. In addition, he recently determined that he must provide cutouts in the concrete slab on either side of that window to replace plants that will grow over the trellis and will not be able to install the shutters. He said the existing shutters are functional, but he is installing a high impact window and a shutter will not be necessary. Commissioner Wheeler stated that the Town asks for them for aesthetic purposes. Mr. Fetrow said he will install the shutters. There was no further discussion. All voted AYE. 2. 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. a. LAND CLEARING PERMIT to remove old vegetation of no significance and one Royal Palm to clear building site. b. DEMOLITION PERMIT to remove all existing structures. c. SPECIAL EXCEPTION to allow 244 square feet of covered, unenclosed area that exceeds the maximum FAR. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit G, 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. Mr. William Wietsma of William Wietsma Co. introduced himself as agent for Mr. and Mrs. Klein who own the property located at 3157 Polo Drive. Mr. Wietsma said they are proposing to demolish the existing home and construct a new partial 2 -story Bermuda style single family home which complies with all zoning regulations. He said they are asking for a special exception to allow for the covered, unenclosed area in the rear of the home. Vice -Mayor Orthwein said it looks very similar to the home Regular Meeting and Public Hearing Town Commission - June 10, 2011 Page 6 next door. Mr. Wietsma said it is different wherein they changed the 2nd floor fagade, there is a recessed patio, the center of the home is recessed back from the garage and the roof mitigates the issue of all roofs blending in. Commissioner Wheeler observed from the rendering that the front roof line on the left side is shorter than the right and asked Mr. Wietsma to explain. Mr. Wietsma said he wanted to break it up to give it a more natural look and if he added more height he would be over the FAR. C) Commissioner Wheeler moved and Commissioner Devitt seconded to approve the Demolition Permit. There was no discussion. All voted AYE. Commissioner Wheeler moved and Commissioner Anderson seconded to approve the Land Clearing Permit. There was no discussion. All voted AYE. Commissioner Wheeler moved and Commissioner Anderson seconded to approve the Special Exception to allow 244 SF of covered, unenclosed area that exceeds the maximum allowable FAR. There was no discussion. All voted AYE. Commissioner Wheeler moved and Commissioner Anderson seconded to approve the Level III Architectural /Site Plan based on a finding that the proposed demolition of the existing structure and construction of a partial two -story Gulf Stream Bermuda style single family dwelling with a 2 -care garage, consisting of 5,714.4 SF and a swimming pool meet the minimum intent of the Design Manual and applicable review standards with the following conditions: 1. Prior to the issuance of a certificate of occupancy, the owner of the property shall prepare and record a deed restriction which shall provide that all roof projection and unenclosed covered areas shall remain so for as long as the structure is in existence or exceeds the maximum permissible FAR. 2. Prior to a certificate of occupancy a Gulf Stream Driveway and Removal Agreement will be signed by the owner and will be recorded by the Town. 3. All exterior painting colors will conform to the Gulf Stream code. 4. If not already, electric service lines shall be buried. 5. Placement of a generator shall meet the standards found in Noise Division III Noise Abatement and control for generators. 6. Placement of front wall shall be a minimum of 7.5' from the edge of pavement. There was no discussion. All voted AYE. 3. 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 Lot 42 & 43 in Place OAu Soleil Subdivision, Gulf Stream, Florida. a. 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. Mr. Gregor Miklos of Miklos & Associates introduced himself and stated that he was present to represent his son, Quinn Miklos, agent for Constance Swift who owns the property located at 2562 Ave. Au Soleil. He said they are proposing an addition to the existing home consisting of two bedrooms, a play room and a 3 -car garage, and will have the same Regular Meeting and Public Hearing Town Commission - June 10, 2011 Page 7 architecture and characteristics of the existing home. He said the driveway will cut in behind the existing landscaping. Commissioner Anderson commented that the home will be very long and asked if the landscaping is adequate to mask the mass of the home. Mr. Miklos said there is a lot of existing landscaping and none of it will be removed. Mr. Thrasher said that it is his opinion that the existing O landscaping is adequate and commented that this property was originally two separate lots which were recently unified. He said there was some concern that the empty lot would remain open; however, Mrs. Swift planted landscaping material in the vacant lot to obscure all existing structures, including the proposed addition. Mr. Julio Martinez, President of the Place Au Soleil Homeowners Association, introduced himself and said he lives at 2564 Avenue Au Soleil which is directly across the street from the subject property. He stated that what the property owners have done with the landscaping on this property is great and he was not present to dispute the project. Mr. Martinez said that neighboring property owners do have a concern that their lawns will suffer damage by contractors running over their property during the construction. Mr. Miklos said that some damage usually occurs during construction and he will be sure that any damage to neighboring properties will be repaired. Commissioner Anderson commented that the contractor for the new construction on Emerald Row placed white cylinders along the property line to protect other properties. Mr. Miklos said he can do the same and he will work with the neighbors, but he is concerned about causing damage to the existing landscaping on the Swift property. Mr. Thrasher stated that a $2,500 damage bond will be required prior to issuance of a building permit and the Town will observe and check with neighbors to be sure everyone is satisfied prior to the issuance of a Certificate of Occupancy. Commissioner Anderson moved and Commissioner Devitt seconded to approve the Level III Architectural /Site Plan based on a finding that the proposed attached 2,548 SF guest addition and a 3 -car garage to the 7,348.5 SF one -story single family Gulf Stream Bermuda dwelling meet the minimum intent of the Design Manual and applicable review standards with the following conditions: 1. Prior to a CC the existing shed shall be removed. 2. If the proposed site plan is altered because of the requirements of the Health Department a revised site plan will require ARPB approval. 3. Builder will work with the neighbors to protect their property from any damage during construction by placing stakes along the property line to be removed after the issuance of a Certificate of Occupancy. There was no discussion. All voted AYE. B. Presentations Regarding Gray Slate -like Roof Tile Clerk Taylor administered the Oath to Mark Marsh of Bridges, Marsh & Associates. Mr. Brewer stated that he set several gray slate -like tiles on the roof of 1314 N. Ocean Blvd., took a photo of that section and provided the photo for distribution to the Commissioners, along with the address of a home across the basin with the same roof tile. Vice -Mayor Orthwein said she would prefer a tile that looked more like slate. Both Mr. Brewer Regular Meeting and Public Hearing Town Commission - June 10, 2011 Page 8 and Mr. Marsh stated that the tile will fade over time. Mr. Marsh distributed a photo to the Commissioners and staff of a house on Sea Breeze in Delray Beach, stating that the tile has been on that house for 7 months. Mr. Brewer commented that certain products, textures and colors go well with certain architectural styles and not with others. He said the Q owner requested the gray tile believing if would work well with the style of the house and would contrast with the completely white exterior of the home. Mr. Brewer said slate tile is cost - prohibitive and he is not convinced it would withstand a hurricane. Commissioner Wheeler asked Mr. Marsh if he did the home at the end of the Gulf Course with the slate roof and Mr. Marsh said that roof is gray cement tile and he has been using this tile for about four years. He said it is not an inexpensive tile and with the current uplift criteria they are almost deemed by insurance companies and manufacturers to go with this width and thickness. Mr. Marsh said they are only requesting to use the gray tile. Commissioner Devitt said he likes the gray tile and suggested revamping the Land Development Regulations to provide more options concerning roof tile color. Commissioner Wheeler asked if the gray tile is prohibited or discouraged. Clerk Taylor said that white or gray slate -style roof tile is required. Commissioner Wheeler referred to wind load hurricane issue and asked if manufacturers make a more slate -like tile that is hurricane code. Mr. Marsh said there is a smaller gray tile which is track -like and does not have the same characteristics. Commissioner Devitt asked how the manufacturer describes the particular tile in question. Mr. Marsh said the manufacturer is Hansen and the tile is called Victorian Slate. When asked by Commissioner Wheeler what the ARPB recommended concerning the gray roof tile, Vice -Mayor Orthwein said the ARPB recommended approval in each case. When asked by Vice -Mayor Orthwein to describe the difference between the tile on the Ocean Ridge Town Hall and the tile he and Mr. Brewer are requesting, Mr. Marsh the tile in Ocean Ridge is a less expensive cement brushed tile with a varied color mix and he believes the gray tile they are requesting is more slate -like. Mr. Marsh said it is a premium in the cement tile rate. Commissioner Wheeler said unless he drastically disagreed, he would prefer not to go against the recommendations of the ARPB, especially since the Town Code requires white or gray slate -style roof tile. Clerk Taylor said this is addressed in the Code under required and under prohibited. Commissioner Devitt said he would like to charge the ARPB to address this matter in the Code. Mr. Robert Ganger, Chairman of the ARPB, stated on their behalf that they were surprised the Commission tabled the issue of the gray roof tile because they believed the darker color enhanced the beauty of the style of the homes. He said the ARPB agreed that they would like to bring more of the Dutch Colonial style into the community and want to correct this matter in the Code. 1. George Brewer, Agent for Binnie, 1314 N. Ocean Blvd. Commissioner Wheeler moved and Commissioner Anderson seconded to approve the recommendation of the ARPB with respect to the gray slate -style Regular Meeting and Public Hearing Town Commission - June 10, 2011 Page 9 based on the finding that it meets the gray slate -style roof tile criteria of the Town Code. There was no discussion. All voted AYE. 2. Mark Marsh, Agent for Davis, 554 Palm Way. Commissioner Wheeler moved and Commissioner Devitt seconded to approve the recommendation of the ARPB with respect to the gray slate -style based on the finding that it meets the gray slate -style roof tile criteria of the Town Code. There was no discussion. All voted AYE. OIX. Reports. A. Town Manager Mr. Thrasher gave a brief report on the status of the undergrounding project. He said Mr. Brannon of Brannon & Gillespie has informed the Town that he is working with the surveyors and has asked for a proposal for the first phase of the project. Mr. Thrasher said that as soon as he has the information provided by the surveyors, he will share with the Commission. B. Architectural Review & Planning Board 1. Meeting Dates a. June 23, 2011 @ 8:30 A.M. b. July 28, 2011 @ 8:30 A.M. c. No meeting in August 2011 d. September 22, 2011 @ 8:30 A.M. e. October 27, 2011 @ 8:30 A.M. f. November to be determined Vice -Mayor Orthwein noted the Meeting Schedule. C. Finance Director 1. Financial Report for May 2011 Mr. Thrasher requested that the Financial Report for May 2011 be approved as submitted. Commissioner Devitt moved and Commissioner Anderson seconded to approve the Financial Report for May 2011. There was no discussion. All voted AYE. 2. Water Usage as of May 31, 2011 Mr. Thrasher stated that the Water Usage as of May 31, 2011 was provided in the Commission Meeting packet for review and no action is required. There was no discussion. D. Police Chief 1. Activity for May 2011 Chief Ward requested that the Activity Report for May 2011 be accepted as submitted. There was no discussion. The Activity Report for May 2011 was accepted. C) X. Items for Commission Action. A. Request for a Construction Trailer; 4001 N. Ocean -Kast Constr. Zack Young of Kast Construction introduced himself and stated that they are requesting a construction trailer at 4001 N. Ocean project. He said a site plan was provided which shows the layout of the construction trailer, fencing, parking area and storage containers on page 2. Mr. Young stated the following: The trailer is 12' wide and 56' long and will remain on site until closeout, which is estimated to be about 17 months from receipt of permit; there will be a 6' chain -link fence around the property with a wind screen, which meets the 5' setback, and Regular Meeting and Public Hearing Town Commission - June 10, 2011 an 8' x 20' storage containers will sit line, which will be used to story tools Construction will ensure that the site contractors will register with the Town by the Town and the Police Department. Page 10 10' back from the west property and small equipment; and, Kast will be kept clean, all and any changes will be reviewed Commissioner Wheeler said what usually happens is that everything looks great when the construction trailer goes on site, but down the road it G begins to look bad and requested that they keep the site in good repair at all times. Mr. Young said they will maintain the trailer and the fence and noted that the last two pages of the site plan are photo representations of the construction trailer. Commissioner Wheeler moved and Commissioner Anderson seconded to approve the temporary construction trailer, et al. as presented on the site plan. There was no discussion. All voted AYE. B. Interlocal Cooperation Agreement for participation in the Palm Beach County Urban County Program for FY 2012 thru 2014. Clerk Taylor said the Commission usually adopts this type of Interlocal Cooperation Agreement and it helps with some of the requirements in the Town's Comp Plan. Commissioner Devitt moved and Commissioner Anderson seconded to authorize the Mayor to enter into the Interlocal Cooperation Agreement between Palm Beach County and the Town of Gulf Stream. There was no discussion. All voted AYE. C. Select Voting Delegate for Fla. League of Cities Conference Vice -Mayor Orthwein said that Mr. Thrasher, the Town Manager, has been the Voting Delegate for the Florida League of Cities Conference. Commissioner Anderson moved and Commissioner Devitt seconded to select Gulf Stream Town Manager, William Thrasher, as the Voting Delegate for the Florida League of Cities Conference. There was no discussion. All voted AYE. D. Items by Mayor & Commissioners Commissioner Devitt inquired about the current water restrictions. Mr. Randolph said restrictions have been imposed on a city by city basis and right now there are three cities that get there water from the West Palm Beach supply that are restricted to watering only day a week. Clerk Taylor said Gulf Stream is restricted to watering two days a week. Commissioner Devitt asked about hand watering and Clerk Taylor said hand watering has not been addressed. Chief Ward said the way the restrictions are written, hand watering should occur during the same ^ hours allowed for irrigation, midnight to 10:00 A.M. and /or from 4:00 �) P.M. to midnight, and restrictions broaden for new landscape. XI. Public. Mr. Robert Ganger, President of the Florida Coalition, stated that Representative Hager gave a very good presentation; however, he left out an important fact. He said the Growth Management Act, which expedites the process of getting the State out of a lot of development activities, was signed this year, but there were some subsequent changes. Mr. Ganger said it left the protection of important State resources in its most ambiguous form. He said when we see an important State resource being violated by a development, the question is, where does the public Regular Meeting and Public Hearing Town Commission - June 10, 2011 Page 11 or local municipality go for help and assistance? Mr. Ganger said Gulf Stream's most important State resource is our coastline and, to date, State and County policies are in place protecting our coastal high hazard areas. He said Representative Hager's handout states that he looks forward to hearing your thoughts and what you would like to have the Legislature accomplish in the next Session. The Florida Coalition will soon meet with Representative Hager to ask for a definition and an O amendment to the Growth Management Act reinstating protections in the next Session, and he would like to say that this matter was discussed with the Town Commission and the Commission generally supports the request. Tom Hill, President of Ballentrae Condominium Association, said he noticed an article in the newspaper concerning the Interlocal Agreement between Palm Beach County, Gulf Stream and Boynton Beach. He said there is concern and asked if Annexation be nullified if this Agreement is not rescinded by all parties. Mr. Randolph said that Town staff worked cooperatively with Boynton Beach Officials with regard to Annexation, and will continue to do so, and the Town was very surprised by this latest development. XII. Adjournment. The Meeting was adjourned at 10:27 A.M. C THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Ellen Sanita, who on oath says that she is Call Center Revenue Manager 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 fora Notice in the matter Public Hearing was published in said newspaper in the issues of .tune 3. & 10. 2011. 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 afffant 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. —0 Sworn to and subscribed before 10" day of June, A.D. 2011. Who is personally known.to me. X NOTARY POi3LIC -STATE OF FLORIDA 4 w.... •1. Karen M. McLinton It1. M =Commission #DD832672 :' Expires: NOV. 15, 2012 BONDED THBU ATLANTIC BONDING CO, INC NO. 6056126 NOTICE OF PUBLIC HEARING The Commission of the Town of Gul Stream, Florida (the "Town ") is consid suing a capital improvements project tc underground overhead utility facilities including electrical, fiber optic /cabls television and telephone facilities that serve certain properties within the town. of the project proceeds, the cost will be funded by assessments against certain real property within the Town. The Commission will hold a public hear mg at 9:00 a.m., or as soon thereafter as the matter can be heard, oe Jun. 30, 2011, at the Town Hell, 100 Sea Road, Gulf Stream, Florida 33483, for the pur pose of receiving comments an the proposed project and special assess- ant s. The public Is invited to attend and participate in the public hearing or to Lla Mntton comments with the Commission any ti prior to the pub - lic hearing. if any person decides to appeal any deci ,ion made by the Commission with aspect to any matter considered at the hearing, he or she will need a record of the proceedinga and may need to ensure that a verbatim record is made, including the testimony and evidence upan which the appeat is to be made. TOWN OF GULF STREAM, FLORIDA Rita L. Taylor, Town Clerk PUB: The Palm Beach Post June 3, & 10, 2011 THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Ellen Sanita, who on oath says that she is Call Center Revenue Manager 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 Resolution 011 -9 was published in said newspaper in the issues of June 3, & 10, 2011. Afffant 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 Pahn Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she /he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Also published in Martin and St. Lucie Counties. Sworn to and subscribed before 10 "' day of June, A.D. 2011. Who is personally known to me. NOTARY PUBLIC -STATE OF FLORIDA ....... Coommission DD 2672 McUnton Expires: NOV,15a 2012 BONDFDTBBO ATLAKnc BONDING CC41MC a capital improvements project to underground overhead utilities, mciud- ing electrical, fiber optic /cable televi- sion and telephone facilities, that serve certain properties within the Town (the 'Project') will further the public health, sale[, and welfare; and WHEREAS, the Commission finds that the properties served by the Project will derive a special benefit from the Pro1act and that a special assessment should be imposed on the benefitted land within the Town for the purpose of paying the cost of the Pro NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, AS FOL- LOWS: Section 1. The foregoing 'WHEREAS* clauses are correct. Section 2. This Resolution is enacted pursuant to Chapter 170, Florida Stab utes, and the municipal home rule pow- ers granted under Section 2(b), Article Vlll of the Constitution of the State of Florida and Florida Statutes ch. 166, pis. I and III. Se Rion 3. The Commission has deter- mined that the Town should proceed with a capital improvements project (the *Project') to underground over head utilities, including electrical, fiber optic /cable television and telephone facilities, that serve certain properties within the Town. The nature and general location of the propposed improvements to be included in [he Project is set forth in Exhibit A attached hereto. Section 4. The estimated cost of the Roject to be paid with special assess menu and the manner in which the ass- essments will be made is set forth in Exhibit B attached hereto. In addition to the costs set forth in Exhibit B, the annual assessments to be levied will include interest costs related to financ- -ng and annual costs of approximately 6% elated to levying the assessments on the propperty tax bill, including, for example, the statutory early payment discount and fees /costs for services provided by the Palm Beach County Property Appraiser, Palm Beach County Tax Collector and the Palm Beach County Information System Services (ISS). Section 5. The special assessments will costs related to parcels owned by the Town will be paid from lawfully available funds of the Town. Section 6. The special assessments will be paid in not less than ten (10) nor more than twenty (20) annual install- on ad valorem assessments set torth in Chapter 197, Florida Statutes, commen- drig with the ad valorem tax hills mailed in November, 2011 or upon completion of the project, whichever is earlier in time. section 7. There is on file with the Town Clerk an assessment plat, showing the area to be assesseA, with plans and specifications, and an estimate of the cost of the Project, which items are open to public inspection. lactic, B. At least thirty (30) days prior to the public hearing date established in Section 9 below, a pre ur ma resew intent roll showing the lots and ends to be assesed and the amount of benefit to and the assessment against each parcel and the number of annual install- ments in which the assessment is to be paid will be on file with the Town Clerk and available for public inspection. ;action 9. A public hearing shall be held on June 30, 2011, at 9:00 a.m. at the Town Hall, 100 Sea Road, Gulf Stream, Florida 33483, for the purpose of hearing public comments concerning the Project, the cost of such Project and the manner of payment therefor, inclu- ding the amount of special assessments to be levied against property specially benefitteit there by. ;action 10. Notice of the public hearing shall be mailed [o all owners of reel property to be assessed located within the Town. said notice to be scission in the form attached hereto as t C. The notice shall be mailed to Imes and addresses of such prop - wnere obtained from the prop. apraiser's records, or if such m or- u is not available from the prop- "praise' from such other sources Town Clerk deems reliable. i 11. Notice of the time and place hearing shall also be giYen by mblications a week apart, in a leper of general circulation pub. in Palm Beach County. The sec- ablication shall be at least one prior to the hearing date. The shall be substantial),y in the fdrm ed hereto as Exhibit O. in 12. The Clerk shall cause :ation of this resolution once a for a period of two weeks in a 13. 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