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HomeMy Public PortalAbout08/16/2011NOTICE 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, July 28, 2011 at 8:30 A.M., and the Town Commission will hold a Public Hearing on Tuesday, August 16, 2011 at 9:00 A.M., both in the Commission Chambers of the Town Hall, ^ 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application submitted by Tom Laudani of Seaside Builders, LLC as agent for Joel T. Strawn, Successor Trustee of Regina W. Spence Revocable Trust and as Personal Representative of the Estate of Regina W. Spence that includes property located at 1220 N. Ocean Boulevard, Gulf Stream, Florida, legally described as Lots 4, 5 & the northerly 92' of Lot 6 of Golf Course Addition and Tract A of Hidden Harbour Estates Subdivisions, Gulf Stream, Florida, for the following: 1. SUBDIVISION REVILN to permit the division of the above described property into six (6) single family lots to be known as Hidden Harbour Estates -Plat II Subdivision. 2. DEMOLITION PERMIT to demolish existing structures on this property. 3. NORTH OCEAN BOULEVARD OVERLAY PERMIT to permit alterations within this Overlay District to create three of the proposed six lots in Hidden Harbour Estates -Plat II Subdivision. 4. LAND CLEARING PERMIT to allow excavation for installation of drainage and utilities \easements. S. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the subdivision of the property at 1220 N. Ocean Blvd. into 6 single family lots to be known as Hidden Harbour Estates -Plat II. 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 O 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: July 12, 2011 TOWN OF GULF STREAM, DFLLORIDA �E4 / 7;J Rita L. Taylor, &n 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, July 28, 2011 at 8:30 A.M., and the Town Commission will hold a Public Hearing on Tuesday, August 16, 2011 at 9:00 A.M., both in the Commission Chambers of the Town Hall, O 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application submitted by Jacqueline Albarran as agent for W. L. Lyons Brown, Jr. owner of property located at 1 and 3 Driftwood Landing, legally described as Lot 11 Driftwood Landing Subdivision, Gulf Stream, Florida, for the following: 1. DEMOLITION PERMIT to demolish 215.9 square feet of the existing Minimal Traditional style single family dwelling. 2. SPECIAL EXCEPTION #1 to permit replacement of existing non - conforming windows with sizes and styles of windows that are prohibited. 3. SPECIAL EXCEPTION #2 to extend the existing non - conforming west walls of the existing Minimal Traditional style dwelling that encroach a maximum of 18.9 feet into the required 30 foot rear setback. 4. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit replacement of existing non - conforming windows with windows of a size and style that is prohibited, and to permit additions consisting of 862.28 square feet to the existing Minimal Traditional style single family 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: July 14, 2011 TOWN OF GULF STREAM, FLORIDA / c Rita L. Taylor, own Clerk MAYOR: VICE MAYOR: COMMISSIONER William F. Koch, Jr. Joan K. Orthwein Muriel J. Anderson Fred B. Devitt III Chris D. Wheeler August 5, 2011 REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF r \ THE TOWN OF GULF STREAM ON TUESDAY, AUGUST 16, 2011 AT 9:00 A.M. �J 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. Public Hearing -Board of Equalization June 30, 2011 B. Regular Meeting of July 8, 2011 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. September 15, 2011 @ 4 P.M. 2. September 15, 2011 @ 5:01 P.M.- Tentative Budget Hearing 3. September 22, 2011 @ 5:01 P.M. -Final Budget Hearing 4. October 14, 2011 @ 9 A.M. 5. November to be determined 6. December 9, 2011 @ 9 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Jacqueline Albarran as agent for W. L. Lyons Brown, Jr. owner of property located at 1 and 3 Driftwood Landing, legally described as Lot 11 Driftwood Landing Subdivision, Gulf Stream, Florida, for the following: a. DEMOLITION PERMIT to demolish 215.9 square feet of the existing Minimal Traditional style single family dwelling. b. SPECIAL EXCEPTION #1 to permit replacement of existing non - conforming windows with sizes and styles of windows that are prohibited. c. SPECIAL EXCEPTION #2 to extend the existing non- conforming west walls of the existing Minimal Traditional style dwelling that encroach a maximum of 18.9 feet into the required 30 foot rear setback. d. LEVEL 3 ARCHITECTURAWSITE PLAN REVIEW to permit replacement of existing non - conforming windows with windows of a size and style that is prohibited, and to permit additions consisting of 862.28 square feet to the existing Minimal Traditional style single family dwelling. VIII. Reports. A. Town Manager 1. Vacation Carry -over B. Architectural Review & Planning -Board 1. Meeting Dates a. September 22, 2011 @ 8:30 A.M. b. October 27, 2011 @ 8:30 A.M. c. November 17, 2011 @ 8:30 A.M. d. December 22, 2011 @ 8:30 A.M. e. January 26, 2012 @ 8:30 A.M. f. February 23, 2012 @ 8:30 A.M. AGENDA CONTINUED C. Finance Director 1. Financial Report for July 2011 2. Water Usage as of July 31, 2011 D. Police Chief 1. Activity for July 2011 ^ IX. Items for Commission Action. �) A. Improvements to the Place Au Soleil Entrance B. ORDINANCE NO. 011/3; An ordinance of the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, rescinding Ordinance No. 009/7 which amended the Town Code of Ordinances at Chapter 26, Offenses, to include a new Section 26 -4, titled Discharge of Firearms; providing for severability; providing for repeal of ordinances in conflict; providing for codification; providing an effective date. (First Reading) C. RESOLUTION NO. 011 -13; A Resolution of the Town Commission of the Town of Gulf Stream, Florida urging the Governor of Florida, the Florida Legislature and the Florida Department of Corrections to prevent the closure of Glades Correctional Institute in the City of Belle Glade, Florida; providing an effective date; and for other purposes. D. Items by Mayor & Commissioners X. Public. XI. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 O MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON TUESDAY, AUGUST 16, 2011 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. The meeting was called to order by Mayor Koch at 9:00 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by the Mayor. III. Roll Call. Present and Participating Also Present and Participating IV. Minutes. William F. Koch, Jr. Joan K. Orthwein Muriel J. Anderson Fred B. Devitt, III Chris D. Wheeler William H. Thrasher Rita L. Taylor Garrett J. Ward Mark Marsh of Bridges, Marsh & Associates Jacqueline Albarran of SKA Architects Ned McDonald Mayor Vice -Mayor Commissioner Commissioner Commissioner Town Manager Town Clerk Police Chief Consult /SKA Architects Agent /Brown Place Au Soleil HOA A. Public Hearing -Board of Equalization June 30, 2011 B. Regular Meeting of July 8, 2011 Vice -Mayor Orthwein moved and Commissioner Anderson seconded to approve the Minutes of both the Public Hearing -Board of Equalization of June 30, 2011 and the Regular Meeting of July 8, 2011. There was no discussion. All voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes. VI. Announcements. A. Regular Meetings and Public Hearings 1. September 15, 2011 @ 4 P.M. 2. September 15, 2011 @ 5:01 P.M.- Tentative Budget Hearing 3. September 22, 2011 @ 5:01 P.M. -Final Budget Hearing 4. October 14, 2011 @ 9 A.M. 5. November to be determined 6. December 9, 2011 @ 9 A.M. Clerk Taylor said the November Regular Meeting and Public Hearing of the Town Commission falls on Veteran's Day and will have to be rescheduled. It was the consensus of the Commissioners to reschedule the November Commission Meeting for Thursday, November 10, 2011 at 9:00 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Jacqueline Albarran as agent Regular Meeting and Public Hearing Town Commission - August 16, 2011 Page 2 for W. L. Lyons Brown, Jr. owner of property located at 1 and 3 Driftwood Landing, legally described as Lot 11 Driftwood Landing Subdivision, Gulf Stream, Florida, for the following: a. DEMOLITION PERMIT to demolish 215.9 square feet of O the existing Minimal Traditional style single family dwelling. b. SPECIAL EXCEPTION #1 to permit replacement of existing non - conforming windows with sizes and styles of windows that are prohibited. c. SPECIAL EXCEPTION #2 to extend the existing non- conforming west walls of the existing Minimal Traditional style dwelling that encroach a maximum of 18.9 feet into the required 30 foot rear setback. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit replacement of existing non - conforming windows with windows of a size and style that is prohibited, and to permit additions consisting of 862.28 square feet to the existing Minimal Traditional style single family dwelling. Clerk Taylor asked for disclosure of any ex -parte communication concerning this matter. There were no disclosures. She administered the Oath to Mark Marsh, Jackie Albarran and Ned McDonald. Mr. Marsh said that upon recommendation of the Town Commission, this application was heard by the Architectural Review and Planning Board (ARPB) as a special exception and the ARPB unanimously recommended approval of all four aspects of the application. Mr. Marsh displayed photographs taken from the interior of the home through windows looking out across the waterway to the preserve which the Browns own, explaining that the view is the fundamental reason for the proposed four picture windows. He said the proposed demolition is minimal and the special exceptions are commonly requested. With regard to the Level III Architectural /Site Plan, Mr. Marsh explained that the home currently has four types of fenestration and the Browns would like the fenestration to be more uniform. Similar fenestration improvements will be made to the Penthouse Garage, upgrading to impact glass. He said the swimming pool will be changed to rectangular shape and the deck will be modified. In closing, Mr. Marsh said the Brown Family is proposing these improvements i� to preserve the charm of the property. He said the only other changes will be the exterior paint color, which will be Sea Foam Green, and the roof will be white. Commissioner Wheeler said that the ARPB is empowered to review applications and make recommendations to the Commission and, unless he totally disagrees with ARPB, he is inclined to go with their recommendations. He said this residence could easily be demolished and replaced by a larger structure which would conform to Code, but he believes the quaint nature of this structure warrants some flexibility on the part of the Commission. Commissioner Devitt asked if the ARPB Regular Meeting and Public Hearing Town Commission - August 16, 2011 Page 3 discussed the requirement of a variance. Mr. Thrasher said they did not. Commissioner Devitt agreed with Commission Wheeler and Commissioner Anderson said she believes this is a variance and if the application came to the Commission as a variance she would say yes. Vice -Mayor Orthwein and Commissioner Wheeler did not agree. Commissioner Wheeler moved and Commissioner Devitt seconded to approve a Demolition Permit as recommended by the ARPB. There was no discussion. Roll Call: Commissioner Devitt, AYE; Commissioner Anderson, NO; Commissioner Wheeler, AYE; Vice -Mayor Orthwein, AYE; Mayor Koch, AYE. The motion passed 4 - 1. Commissioner Wheeler moved and Vice -Mayor Orthwein seconded to approve a Special Exception for the replacement of existing non - conforming windows as recommended by the ARPB. There was no discussion. Roll Call: Commissioner Devitt, AYE; Commissioner Anderson, NO; Commissioner Wheeler, AYE; Vice -Mayor Orthwein, AYE; Mayor Koch, AYE. The motion passed 4 - 1. Commissioner Wheeler moved and Vice -Mayor Orthwein seconded to approve a Special Exception to extend the existing non - conforming west walls of the existing structure as recommended by the ARPB. There was no discussion. Roll Call: Commissioner Devitt, AYE; Commissioner Anderson, NO; Commissioner Wheeler, AYE; Vice -Mayor Orthwein, AYE; Mayor Koch, AYE. The motion passed 4 - 1. Commissioner Wheeler moved and Vice -Mayor Orthwein seconded to approve the Level III Architectural /Site Plan as recommended by the ARPB. There was no discussion. Roll Call: Commissioner Devitt, AYE; Commissioner Anderson, NO; Commissioner Wheeler, AYE; Vice -Mayor Orthwein, AYE; Mayor Koch, AYE. The motion passed 4 - 1. Commissioner Wheeler said he affirms what the ARPB said about the effort staff put into this application and he appreciates their work. VIII. Reports. A. Town Manager Mr. Thrasher gave a brief update on the financing for the Undergrounding Project and said he discussed the matter with the financial advisor and project engineer and they believe it would be best to hold off on the financing as long as possible to avoid having to pay any capitalized interest. He said the financial advisor does not recommend a bond because it is too expensive, and it will be a 10 -year financing plan C) versus a 20 -year financing plan. Mr. Thrasher estimated that it will be sometime in January or February when he will bring a recommendation or an option for discussion back to the Commission concerning the financing. In the interim he will come to the Commission with a request for an additional $60,000 from the Fund Balance to fund the next stages of the project to get through to January or February, and that money will be recoverable when financing is secured. 1. Vacation Carry -over Mr. Thrasher said this is a follow -up item from the previous meeting and he is asking for a waiver of the current personnel policy as it relates to vacation carry -over. He said the Town Clerk submitted a letter to him referencing remaining vacation days for herself and Linda Harvel and Regular Meeting and Public Hearing Town Commission - August 16, 2011 Page 4 it appears to be somewhat impossible for either of them to meet the requirements of the personnel policy. Linda Harvel has 12 14 unused vacation days and Rita Taylor has 12 unused vacation days as of the date of the letter and he is requesting that they be allowed to roll that amount over into the following year. Vice -Mayor Orthwein asked Mr. Thrasher if this is a one -time request and Mr. Thrasher confirmed that. Commissioner Wheeler asked what the current policy allows and Mr. Thrasher said five (5) days can be rolled over and, therefore, he is requesting that they each be allowed to roll over an additional 7 days. Vice -Mayor Orthwein said there was a lot of additional work generated by the attorneys representing the Town and the Condominium HOAs concerning the Undergrounding Project. Commissioner Devitt asked if this waiver is to give employees an extension of time to use remaining vacation days and Commissioner Wheeler asked how long the extension would be. Mr. Thrasher said he was asking for a waiver of the policy and did not apply a time limit. Vice -Mayor Orthwein asked if six (6) months would be enough time to use remaining days. Clerk Taylor said 6 months would be enough time. Vice -Mayor Orthwein moved and Commissioner Anderson seconded to approve a waiver of the personnel policy pertaining to vacation carry -over for this fiscal year only and to allow for a period of 6 months for the use of remaining vacation days. There was no discussion. All voted AYE. Commissioner Wheeler asked why a budget discussion was not included in this Agenda and said that at the previous Commission Meeting he asked Mr. Thrasher to come back with a schedule showing where we are to date and where we will be if we continue spending at the same rate. He said he flew in for this meeting thinking there would be a budget discussion, but he plans to be present at the next meeting if staff was not prepared to discuss the proposed budget at this time. Mr. Thrasher said he was prepared, but nothing has changed and he did not print the material for this meeting; however, he would do so if the Commission would like a budget discussion. Commissioner Anderson said that was why they changed the meeting date. Commissioner Wheeler said he thought staff was going to address some questions at this meeting. Clerk Taylor said staff did not receive questions in writing from the Commissioners to be addressed at this meeting. Commissioner Wheeler said a budget discussion at the September meeting will be fine. Clerk Taylor reminded the Commissioners that the Regular September Meeting is scheduled for Thursday, September O 15th at 4:00 P.M. with the first budget hearing to follow at 5:01 P.M. B. Architectural Review & Planning Board 1. Meeting Dates a. September 22, 2011 @ 8:30 A.M. b. October 27, 2011 @ 8:30 A.M. c. November 17, 2011 @ 8:30 A.M. d. December 22, 2011 @ 8:30 A.M. e. January 26, 2012 @ 8:30 A.M. f. February 23, 2012 @ 8:30 A.M. There was no discussion. Regular Meeting and Public Hearing Town Commission - August 16, 2011 Page 5 C. Finance Director 1. Financial Report for July 2011 Mr. Thrasher requested that the Financial Report for July 2011 be approved as submitted. Commissioner Anderson moved and Vice -Mayor Orthwein seconded to approve the Financial Report for July 2011. There G was no discussion. All voted AYE. 2. Water Usage as of July 31, 2011 Vice -Mayor Orthwein commented on an article in the Coastal Star concerning the quality of the water in the Town of Gulf Stream and 9 other municipalities. She said tasters sampled the water in 10 municipalities, including the Town of Gulf Stream which was rated 10th out of 10. Mayor Koch said he wrote a letter to the Mayor of the City of Delray Beach wherein he mentioned recent water issues experienced by the Town. Mr. Thrasher said the letter was not specifically about the quality of water and there has been no response to date. Commissioner Devitt said he is more concerned about the water quality and not the taste. Vice -Mayor Orthwein suggested the Town address this matter with the City of Delray Beach. Mr. Thrasher said Staff will do so as soon as a response to Mayor Koch's letter is received. D. Police Chief 1. Activity for July 2011 Chief Ward requested that the Activity Report for July 2011 be accepted as submitted. Commissioner Anderson asked how the muzzled dog situation was going and Chief Ward said it is working very well. The Activity Report for July 2011 was accepted as submitted. IX. Items for Commission Action. A. Improvements to the Place Au Soleil Entrance Mr. Thrasher said Ned McDonald, an officer of the Place Au Soleil HOA will present this project to the Commission. He said the Town Manager's Memorandum to the Mayor and Commissioners outlining some of the important factors leading up to this presentation, which covers about 14 months, was included in the meeting packet. Mr. Thrasher summarized other materials distributed to the Commissioners, including photos of damaged curbs at the entrance of Place Au Soleil, a color rendering of the proposed entrance, a rendering of the proposed changes to the Guard House and a dimensional drawing of the actual proposed right -of -way. He said the HOA is requesting Commission approval to modify the entrance of Place Au Soleil and they are asking the Commission for up -front funding C of the project in the amount of $87,000 which will be reimbursed with assessments collected from homeowners. Mr. Thrasher commended Mr. McDonald and Julio Martinez, President of the HOA Board, for their efforts and the work they put into this project. Ned McDonald introduced himself saying he has lived at 2538 Avenue Au Soleil since 1996. He said when he joined the HOA Board and began talking to other homeowners he started noticing the broken curbs, which are now in serious disrepair. The curbs have been continuously damaged by all types of large trucks making the turn into the entrance while attempting to avoid hitting the guard house overhang, and over the years Regular Meeting and Public Hearing Town Commission - August 16, 2011 Page 6 they have made many repairs to both the curbs and guard house roof. He said about two years ago they learned about the future 24/7 WalMart to be located across the highway and became concerned about security, and in March of 2010 they began their effort to develop this project to present to their Community. Mr. McDonald said homeowners were advised of the project through newsletters, they held a meeting on July 25, 2010 where they announced an assessment for the project and, between attendees and proxies, they drew 90% in favor of expending up to $87,000 on just the hardscape, which includes the curbs, the road and the underlay of the road. He said as soon as they made the commitment, the HOA engaged the Town Manager, Urban Design Kilday Studios, Harvel Utilities, O'Brien, Ingle for a survey, Schnars Engineering to obtain spec drawings, FP &L for a pole removal, and Mathews Consulting, all for the purpose of preparing a bid document with cost estimates to take to the Town. The HOA met with Town Staff, they went before the ARPB three days later and the ARPB unanimously endorsed this project to bring before the Commission. Mr. McDonald said the project involves moving the lanes away from the guard house to avoid the hitting the curbs and guard house overhang. He said the HOA met with Chief Ward for guidance concerning the security cameras at the guard house and they believe they will have a top notch system in place. Mr. McDonald said they had new landscaping done in 2005 and 95% of the landscaping will not be touched; however, they will add plantings around the guard house. In closing, Mr. McDonald said the front entrance of Place Au Soleil will be elegant and fitting for the Town of Gulf Stream. Mayor Koch asked how much money they have raised for the project. Mr. McDonald said that prior to the Notice going out 15 homeowners have paid the discounted $750.00 assessment for this project. If the Commission gives their approval, the Notice will go out to all homeowners on August 17th and they estimate that 50% of the homeowners will pay immediately at the discounted rate of $750.00 and the remainder will pay on a quarterly installment basis. The assessments collected will be used to reimburse the Town for the up -front funding. Commissioner Devitt asked if the 90% who approved were aware of an O assessment and Mr. McDonald said they were informed about the assessment twice before the vote. Commissioner Wheeler asked if it is a voluntary assessment and Mr. McDonald said it is not voluntary and if a homeowner does not pay the assessment a lien will be placed on their property. Commissioner Devitt asked about the curbs and Mr. Thrasher explained that the curbs around the guard house will be normal at 2 to 2 14 feet from the drip edge of the existing roof and, on the perimeter edge of the entrance they will be reinforced mountable curbs. Mr. Thrasher said purpose of requesting a loan from the Town is so they begin sooner to capitalize on the lower cost of construction. Commissioner Devitt asked how this project relates to the future WalMart. Mr. Thrasher said a lot of information indicates that a 24/7 WalMart facility attracts crime. Regular Meeting and Public Hearing Town Commission - August 16, 2011 Page 7 Mr. McDonald said this project will dress up the front of the property, but it also addresses their security issues. He said the plan is for the new security cameras to capture license plates and pedestrians, which will discourage uninvited guests to enter the property. O Mr. Thrasher commented on the financing of the project, as follows: The Place Au Soleil HOA has some savings that will be available for this project in the event they do not receive enough money through the assessments; in the Town's proposed budget there is $10,000 allotted as a contribution to this project; the Gulf Stream Civic Association has committed $7,500 to the project; and, the HOA Officers have agreed to forfeit the annual reimbursement from the Town of Gulf Stream in the amount of $2,500 toward their maintenance and grounds keeping in their right -of -way until the Town is fully reimbursed for the up -front funding. Mayor Koch said that Place Au Soleil is a part of Gulf Stream and he is 100% for this project. Commissioner Anderson said she went over the numbers with the HOA Treasurer and what they are proposing is secure. Commissioner Wheeler moved and Commissioner Anderson seconded to allow the modification of the Place Au Soleil right -of -way, to commit $10,000 in the 2011/2012 Budget to the Place Au Soleil project, which will not be reimbursed to the Town, and to extend a loan to the Place Au Soleil HOA for up -front funding of this project in an amount not to exceed $90,000 from unappropriated funds, which is to be reimbursed to the Town. There was no discussion. All voted AYE. Julio Martinez, President of the Place Au Soleil HOA, thanked the Mayor and Commissioners for their support. B. ORDINANCE NO. 011/3; An ordinance of the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, rescinding Ordinance No. 009/7 which amended the Town Code of Ordinances at Chapter 26, Offenses, to include a new Section 26 -4, titled Discharge of Firearms; providing for severability; providing for repeal of ordinances in conflict; providing for codification; providing an effective date. (First Reading) Clerk Taylor read Ordinance No. 011/3 in title, presented on first reading this 16th day of August, 2011. Chief Ward explained that the O State has taken over total control of firearms, stripping municipalities and counties from having their own ordinances in that respect. He said many municipalities are unhappy about it and there could be some litigation in the future. Chief Ward said that any law enforcement officer that attempts to enforce a City ordinance is at risk and can be arrested and fined. He said there has never been a law like this in Florida. Vice -Mayor Orthwein moved and Commissioner Anderson seconded to approve Ordinance No. 011/3 on first reading. There was no discussion. All voted AYE. C. RESOLUTION NO. 011 -13; A Resolution of the Town Commission of the Town of Gulf Stream, Florida urging the Governor of Regular Meeting and Public Hearing Town Commission - August 16, 2011 Page 8 Florida, the Florida Legislature and the Florida Department of Corrections to prevent the closure of Glades Correctional Institute in the City of Belle Glade, Florida; providing an effective date; and for other purposes. Clerk Taylor read Resolution 011 -3 in title, presented for adoption this 16th day of August, 2011. She said the League of Cities is encouraging municipalities to apply pressure to keep the facility open because of the potential loss of 500 jobs in the City of Belle Glade. Commissioner Wheeler moved and Commissioner Anderson seconded a motion against the adoption of Resolution No. 011 -3. There was no discussion. Roll Call: Commissioner Devitt, NO; Commissioner Anderson, AYE; Commissioner Wheeler, AYE; Vice -Mayor Orthwein, AYE; Mayor Koch, AYE. The motion passed 4 - 1. D. Items by Mayor & Commissioners There were no items by the Mayor or Commissioners. X. Public. There were no items by the Public. XI. Adjournment. seconded to adjourn AYE. The meeting w Commissioner Devitt moved and Vice -Mayor Orthwein the meeting. There was no discussion. All voted s adjourned at approximately 10:00 A.M. Administrative Assistan PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Commission of the Town of Gulf Stream, Florida, at a public hearing to be held on Thursday, September 22, 2011, at 5:01 P.M., in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, will have on the agenda the adoption of the following: ORDINANCE NO. 011/4; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE GENERAL FUND FINAL MILLAGE RATE FOR THE TOWN OF GULF STREAM FOR FISCAL YEAR COMMENCING OCTOBER 1, 2011 AND ENDING ON SEPTEMBER 30, 2012. ORDINANCE NO. 011/5; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE GENERAL FUND BUDGET FOR THE TOWN OF GULF STREAM FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 20011 AND ENDING ON SEPTEMBER 30, 2012. ORDINANCE 011/6; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE WATER FUND BUDGET FOR THE TOWN OF GULF STREAM FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011 AND ENDING ON SEPTEMBER 30, 2012. The proposed ordinances noticed here are available to the public on weekdays at the Town Hall, 100 Sea Road, Gulf Stream, Florida between the hours of 9:00 A.M. and 4:00 P.M. ALL PERSONS INTERESTED IN THESE MATTERS may appear before the Town Commission at the time and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC HEARING, 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. Publish: Palm Beach Post Date: September 12, 2011 TOWN OF GULF STREAM, FLORIDA QI&Z Rita L. Taylor, To Clerk THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida I PROOF OF PUBLICATION I 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 Notice in the matter Ordinances 011/4 011 15 & 011/6 was published in said newspaper in the issues of September 12, 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 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, St. Lucie and Indian River Counties. Sworn to and subscribed before 121h day of September, A.D. 2011, Who is personally known to me. (W/Imk�q NOTARY PIJUICSTATE OF FIARIDA " "" s Karen M. Mclinton WCommission #DDS32672 O Expires: NOV.15, 2012 BONDED niRD AnANrIC RONDINC CO, INC.