HomeMy Public PortalAbout11/10/2011November 3, 2011
MAYOR: William F. Koch, Jr.
VICE MAYOR: Joan K. Orthwein
COMMISSIONER: Muriel J. Anderson
Fred B. Devitt III
W. Garrett Dering
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON THURSDAY, NOVEMBER 10, 2011, 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 Meeting
B. Special Meeting
ArWNI7A
& Public Hearing of 10 -14 -11
of 10 -24 -11
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. December 9, 2011 @ 9 A.M.
2. January 13, 2012 @ 9 A.M.
3. February 10, 2012 @ 9 A.M.
4. March 9, 2012 @ 9 A.M.
5. April 13, 2012 @ 9 A.M.
6. May 11, 2012 @ 9 A.M.
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. 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, and
6 of Golf Course Addition and Tract A of Hidden Harbour
Estates Subdivisions, Gulf Stream, Florida, for the
following:
a. SUBDIVISION REVIEW 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.
b. DEMOLITION PERMIT to demolish existing structures on
this property.
(1) Subdivision Agreement
C. 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.
d. LAND CLEARING PERMIT to allow excavation for
installation of drainage and utilities \easements.
e. 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.
VIII. Reports.
A. Town Manager
1. Undergrounding Project Update
2. Place Au Soleil Entrance Improvement Update
AGENDA CONTINUED
B. Architectural Review & Planning Board
1. Meeting Dates
a. November 17, 2011 @ 8:30 A.M.
b. December 28, 2011 @ 8:30 A.M.
c. January 26, 2012 @ 8:30 A.M.
d. February 23, 2012 @ 8:30 A.M.
e. March 22, 2012 @ 8:30 A.M.
C. Finance Director
1. Financial Report for October 2011
D. Police Chief
1. Activity for October 2011
E. Water Cost Comparison -FL Coalition for Preservation -R. Ganger
IX. Items for Commission Action.
A. Resignation of Charles Frankel III from ARPB
B. Vacancies on Architectural Review & Planning Board
1. Regular Member Term Ending March 2012
2. Alternate Member Term Ending March 2012
a. Letters of Interest
(1) Paul A. Lyons, Jr.
(2) Thomas M. Stanley
C. Resolutions.
1. No. 11 -16; A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE
APPROPRIATIONS OF BUDGET EXPENDITURES IN THE GENERAL FUND
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2011; PROVIDING
AN EFFECTIVE DATE.
2. No. 11 -17; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, FLORIDA PROVIDING FOR THE APPROPRIATIONS
OF BUDGET EXPENDITURES IN THE WATER FUND FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2011; PROVIDING AN EFFECTIVE
DATE.
D. Items by Mayor and 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
0
MINUTES OF THE REGULAR
COMMISSION OF THE TOWN
THE COMMISSION CHAMBERS
FLORIDA.
MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN
OF GULF STREAM ON THURSDAY, NOVEMBER 10, 2011, IN
OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
I. Call to Order. Vice -Mayor Orthwein called the meeting to order
at 9:00 A.M.
II. Pledge of Allegiance. The Pledge of Allegiance was led by Vice -
Mayor Orthwein.
III. Roll Call.
Present and
Participating
Absent w /Notice
Also Present and
Participating
IV. Minutes.
Joan K. Orthwein
Muriel J. Anderson
Fred B. Devitt, III
W. Garrett Dering
William F. Koch, Jr.
William H. Thrasher
Rita L. Taylor
Garrett J. Ward
John Randolph
Beth -Ann Krimsky, Esq.
Ruden, McClosky
Gary Eliopoulos of
GE Architects
Dave Bodker of
Landscape Architecture
Planning, Inc.
Joe Pike of
Enviro Design
Paul Engle of
O'Brien, Suiter et al.
Tom Laudani of Seaside
Builders, LLC
Marty Minor of Urban
Design Kilday Studios
Frank Tabolsky, Esq.
Nancy Touhey
Martin O'Boyle
Scott Morgan
Lisa Morgan
James Gammon
Robert W. Ganger
Vice -Mayor
Commissioner
Commissioner
Commissioner
Mayor
Town Manager
Town Clerk
Police Chief
Town Attorney
Rep /Hidden Harbour,
Plat II
Architect /Hidden
Harbour, Plat II
Landscape Arch. /Hidden
Harbour, Plat II
Proj. Engineer /Hidden
Harbour, Plat II
Land Surveyor /Hidden
Harbour, Plat II
Agent /Joel T. Strawn
PR for Spence Estate
Town Consultant
Rep /Hidden Harbour
Estates Residents &
Neighbors
1200 N. Ocean Blvd.
23 Hidden Harbour Dr.
1135 N. Ocean Blvd.
1135 N. Ocean Blvd.
3651 N. Ocean Blvd.
1443 N. Ocean Blvd.
A. Regular Meeting & Public Hearing of 10 -14 -11
Commissioner Anderson moved and Commissioner Dering seconded to approve
the Minutes of the Regular Meeting and Public Hearing of October 14,
2011. There was no discussion. All voted AYE.
Regular Meeting and Public Hearing
Town Commission - November 10, 2011 Page 2
B. Special Meeting of 10 -24 -11
Commissioner Anderson moved and Commissioner Dering seconded to approve
the Minutes of the Special Meeting of October 24, 2011. There was no
discussion. All voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Mr. Thrasher stated that a new item VII.A.l.b.(2) titled Extension of
CDemolition Restriction will be added to the Agenda.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. December 9, 2011 @ 9 A.M.
2. January 13, 2012 @ 9 A.M.
3. February 10, 2012 @ 9 A.M.
4. March 9, 2012 @ 9 A.M.
5. April 13, 2012 @ 9 A.M.
6. May 11, 2012 @ 9 A.M.
There were no conflicts.
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. 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, and
6 of Golf Course Addition and Tract A of Hidden Harbour
Estates Subdivisions, Gulf Stream, Florida, for the
following:
a. SUBDIVISION REVIEW 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.
b. DEMOLITION PERMIT to demolish existing structures on
this property.
(1) Subdivision Agreement
c. 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.
d. LAND CLEARING PERMIT to allow excavation for
installation of drainage and utilities \easements.
e. 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.
Vice -Mayor Orthwein stated that she will recuse herself from the hearing
of this matter due to an active real estate license she holds with
William F. Koch Realty. She turned the gavel over to Commissioner
Devitt. Clerk Taylor asked if there were any ex -parte communications
concerning this matter. Commissioner Dering stated that he drove by the
subject property. Commissioner Anderson stated that she spoke with Mr.
Regular Meeting and Public Hearing
Town Commission - November 10, 2011 Page 3
and Mrs. Neeves who reside at 11 Hidden Harbour Drive. Clerk Taylor
read the application submitted by Tom Laudani of Seaside Builders, LLC.
Beth -Ann Krimsky, Esq., of Ruden, McClosky, stated that she and her
partner, Mark Grant, Esq., represent the applicant and said they were
here today for the plat approval and the approval of related permits
only. She said she provided each Commissioner with a binder of material
O in order to expedite her presentation which consists of applicable law,
such as F.S. Chapter 177, sections of Town Code and material previously
provided to the Town. Ms. Krimsky said since the ARPB's recommendation
of approval of the plat there were minor changes requested by the Town
and neighbors and she included those details and letters to the Town
Clerk at Tab 7.
Ms. Krimsky displayed the plat showing lot sizes and roads and said the
experts will summarize the plat during the discussion. She said the
ARPB recommended approval of the subdivision when they met on September
27th because they found that the plat meets Town Code. Ms. Krimsky said
that Florida Law under Broward County v. Narco and Broward County v. GBV
is very clear and states that once the objective criteria have been met
then approval is required for purposes of plat. She said they are here
today to describe the graphical depiction of the land only, which
potentially impacts the neighboring parties. The Town requested that
the applicant meet with the neighbors to respond to their concerns,
which they have done extensively and have accomplished a great deal.
Ms. Krimsky stated that a subdivision agreement which was developed with
the assistance of the Town Attorney is at Tab 30 of the binder and, at
Tabs 22 & 26, there is an agreement with most of the neighboring
parties. She said Frank Tabolsky, Esq., who represents many of the
neighboring parties, will go over the items included in that agreement,
such as tree preservations and installing the meandering wall.
Gary Eliopoulos of GE Architecture, the Project Architect, stated that
this has been an important project for the Town and he realized they
needed to acknowledge the community and their concerns. He introduced
the Project Team, all of whom are based in Delray Beach and includes the
following: Tom Laudani of Seaside Builders, the Developer; Paul Engle
of O'Brien, Suiter, O'Brien, the Surveyor; Joe Pike of Enviro Design,
the Civil Engineer; and, Dave Bodker of Bodker Landscape Design &
Planner, the Landscape Architect. Mr. Eliopoulos said that a plat of
O this size and nature may never occur again in the Town, which is why
they took everyone's concerns into consideration. He said they have had
countless meetings and telephone conversations with the Town's
consultants, including Marty Minor of Urban Design Kilday Studios and
Brian LaMott of Wattman Engineering. Mr. Eliopoulos said this project
began in the Spring, they presented a plat to Town Staff and went over
everything that needed to be done to meet Town Code before presenting
the project to the Architectural Review and Planning Board on July 28,
2011. He said the plat presented in July and the plat presented today
meets all Town Codes and Zoning.
Mr. Eliopoulos displayed the plat presented in July saying the original
project consisted of six lots ranging from 36,000 SF to 60,000 SF, all
Regular Meeting and Public Hearing
Town Commission - November 10, 2011 Page 4
with private driveway entrances as follows: Two private entrances off
of AlA, which is the east side of the site, two private entrances along
Hidden Harbour Road and two private entrances along the west side of the
site. He said the plat has single family zoning, which is compatible
with all surrounding properties in the Ocean West District and added
that the plat meets all criteria with respect to setbacks and lot size.
He explained that the ARPB listened to their presentation in July, they
O listened to the public and then tabled the matter and asked the Project
Team to meet with the neighbors and address their concerns. Mr.
Eliopoulos said that Tom Laudani, the Developer, gave his contact
information to anyone who wanted to meet about the project and he
listened and did his best to respond to all concerns. There were
several meetings with neighbors and staff resulting in several changes
and Mr. Eliopoulos commended the ARPB, Town Staff and their consultants
who worked with the Team to be sure all changes met with zoning codes.
Mr. Eliopoulos referred to the current plat and highlighted the changes
that were made since the July ARPB Meeting. He said one of the biggest
concerns the neighbors had was traffic circulation and wanted to
eliminate the private driveway entrances. He said they redesigned and
created a hammerhead which is an internal road that comes off of AlA,
heads west and then Ts north and south, servicing the properties from
the internal portions, leaving Lot 4 with an entrance off of AlA and
eliminating the majority of traffic to the other five lots. Mr.
Eliopoulos said they reduced the size of the sites, now averaging from
30,000 SF to 46,000 SF, which is above the minimum and meets all of the
lot size criteria.
Mr. Eliopoulos said the Town Code calls for a 3 -foot landscape buffer
around the perimeter of the property. He said they are proposing a 15-
foot landscape buffer along the south side of the site, they will
maintain the canopy as it is today and they are proposing a 10 -foot
buffer along the north, east and west sides of the site.
Another issue was the site drainage and how it would impact other
surrounding properties. Mr. Eliopoulos said their drainage design
satisfied the site, but they were made aware of other conditions along
the north and south side of the property and their engineer redesigned
the plan to double up the drainage and alleviate some of the existing
conditions which abut the property. He said both their original plan
and the redesigned plan meet South Florida Water Management District
�) (SFWMD) criteria, which is a No Notice General Permit. He explained
that SFWMD states if you have pervious and impervious you must be under
two acres of impervious area, and both designs satisfy that, being under
two acres. Mr. Eliopoulos said they will go before SFWMD with a
Standard General Permit because they doubled up on the capacity of their
drainage to alleviate other issues on the abutting properties.
Hidden Harbour was concerned about the look of the proposed retaining
wall around the site, which ranges from 4 feet to 11 feet in height.
Residents did not want to see a fortress and they want to preserve the
trees. Mr. Eliopoulos explained that the redesigned retaining wall will
meander through the site, preserving the trees. Another issue was the
Regular Meeting and Public Hearing
Town Commission - November 10, 2011 Page 5
intrusion of headlights from traffic moving through the hammerhead. Mr.
Eliopoulos said the retaining wall will be higher in those areas to
eliminate that issue. There were concerns about the internal road and
whether it meets the criteria for emergency vehicles. Mr. Eliopoulos
said the internal road plan was submitted to the Delray Beach Fire
Department, it met all of their criteria and was stamped as approved.
He said the internal road plan also satisfies OSHA criteria and exceeds
them meeting the 33' radius.
At previous ARPB meetings, Chairman Ganger made reference to the
historic structure of the property saying it was very important to
maintain a record of the history of this site and the developer agreed
to create documentation for the historical archives at no charge to the
Town. Mr. Eliopoulos said the existing structure on the site was built
in 1937 and the original architect was John Volk, a prominent Palm Beach
Architect. He said they have already started documenting and have
contacted the Delray Beach Historic Preservation, the Delray Beach
Historical Society, the Palm Beach Preservation Foundation and Lori
Volk, John Volk's daughter. Mr. Eliopoulos said Lori Volk is looking
through her archives and records, they will meet with her in the coming
week and submit any records attained from that meeting to the Town.
Ms. Krimsky asked Mr. Eliopoulos the following questions: Have you met
with Marty Minor, the Town's Consultant? Has Mr. Minor confirmed to you
that the plat meets Town Code? Is the applicant prepared to meet all
conditions set forth in writing by the Town on October 4th and since that
time? Mr. Eliopoulos replied "Yes" to all of the above.
The drainage plan was another concern of the neighboring parties and the
Civil Engineer on the project, Joe Pike of EnviroDesign Associates
introduced himself and said he would summarize the drainage requirements
and enhancements which are set forth at Tab 13 of the binder. Mr. Pike
explained that SFWMD drainage requirements, in their simplest form,
state that after development the project can shed no more water on the
surrounding areas than prior to the development. He said their plan
meets their criteria with ease because, as part of the enhancements,
they have throttled back the flow of water and, therefore, the rate of
discharge from the site at any given storm event will be less than in
its present condition. Mr. Pike said they modified the way the water
leaves the site by directing the flow through pipes underneath the road
O to avoid flooding, which will show a tremendous improvement to the
neighbors to the west. He said the road will be disrupted to lay piping
underneath and, as an added benefit to Hidden Harbour residents, the
Developer has offered to overlay the north /south roadway for the extent
of the property frontage, enhancing the esthetics and the structural
stability of the roadway. In addition to the enhancements to the west,
Mr. Pike said they are putting in a separate piping system which will
take care of the low spot and address the drainage issues of the north
and south neighbors.
Ms. Krimsky introduced the Project Surveyor, Paul Engle, and asked him
the following questions: Are you a professional surveyor? Are you
aware of the contents of Chapter 177 Florida Statutes? Mr. Engle
Regular Meeting and Public Hearing
Town Commission - November 10, 2011 Page 6
replied "Yes" to the above. Ms. Krimsky asked Mr. Engle to define a
plat. Mr. Engle said it is a graphical representation of a property of
land that is being subdivided and presented to an agency for approvals.
Ms. Krimsky asked Mr. Engle the following questions: Does the plat
being presented as part of the application being heard today satisfy all
the requirements of Chapter 177 in your professional opinion? How about
the Town's Code requirements? Mr. Engle replied "Yes" to the above.
Ms. Krimsky called the Landscape Architect, Dave Bodker, to the podium
and asked Mr. Bodker to explain the landscape plan for the project,
specifically as it relates to the agreements by the Developer as opposed
to plat requirements. Mr. Bodker introduced himself and stated that the
Developer has agreed to retain 10 feet of landscape area on the north,
east and west property lines, retaining 10 feet where 3 feet is
required, he has agreed to retain 15 feet of landscape buffer along the
south property line and he has agreed to maintain the canopy over Hidden
Harbour Drive. He said a wall is required in order to save some of the
existing trees along the perimeters and to allow for the interior
grading. As previously mentioned by Mr. Eliopoulos, the wall was
originally straight and it has been redesigned to meander around the
property to preserve the specimen trees. Ms. Krimsky asked Mr. Bodker
if a wall is required by platting or is it a Town requirement. Mr.
Bodker said it was a request from neighboring parties. Ms. Krimsky
asked if the applicant agreed to provide the meandering wall. Mr.
Bodker said "yes." Ms. Krimsky asked Mr. Bodker if he has ever
addressed tree preservation at the plat stage of a hearing. Mr. Bodker
said "No."
Ms. Krimsky asked to hear from Frank Tabolsky, Esq, Counsel for
neighboring parties. Mr. Tabolsky stated that he is a Florida attorney
and his primary office is in Philadelphia. He said he has worked
extensively with the developer, Tom Laudani and with Beth -Ann Krimsky,
Esq. and Mark Grant, Esq., Counsels for the developer. Mr. Tabolsky
said there have been meetings, discussions, negotiations, revisions to
documents, email and a flurry of correspondence. He also worked closely
with his consultants, Peter DeLeo and Greg Fagan, who are engineers.
Mr. Tabolsky said he represents five of the neighbors, three who live in
Hidden Harbour Estates, and they include Martin O'Boyle, George Elmore,
Mr. Krebbs, Mr. and Mrs. Neeves and Mr. Himmelrich. He stated that he
will summarize what the developer has agreed to and Ms. Krimsky stated
Cthat the information is at Tab 26 of the binder.
I
Mr. Tabolsky said a signed agreement is being held in escrow and will be
recorded. He said the developer will not use the name of Hidden Harbour
Estates in their marketing and promotions. Mr. Tabolsky explained that
there will be one access onto AlA and a hammerhead, or internal road,
will be installed. He said there will be no access to the lots from
Tract R, and the only access along the Canal Road will be for
pedestrians and golf carts from Lots 1, 2 and 3. Ms. Krimsky stated
that Tract R will be dedicated to the Town of Gulf Stream. Mr. Tabolsky
said Hidden Harbor Estates will be required to pay for maintenance,
repair or replacement of the drainage infrastructure along the access
road (Tract R) and the developer, through their Homeowners' Association,
Regular Meeting and Public Hearing
Town Commission - November 10, 2011 Page 7
will bear 50% of those costs. The developer and the Homeowners'
Association are indemnifying the neighbors in the event of an improper
design installation, repair or maintenance of the drainage system. He
said the plans and specifications have changed and will continue to do
so, but the drainage, septic and retaining walls that affect this
development are subject to the approval of the neighbors and the
developer has agreed to work with the neighbors allowing them to review
Oand discuss the plans.
Mr. Tabolsky said the developer is installing the retaining wall which
will be higher in some areas, specifically in the area where headlights
from moving traffic will intrude on the Morgan property. He said
drainage will be installed under the canal road and the developer has
agreed to minimize any disruption or interference with the neighbors in
connection with that work and upon completion of that work they assure
it will be uniform and esthetically appealing. Mr. Tabolsky said he
wrote a letter to the Florida Department of Transportation (FDOT) on
behalf of the neighbors informing them that the originally proposed
access from the public thoroughfare is no longer the case and that the
neighbors no longer object to the proposed hammerhead access. Ms.
Krimsky stated that the letter to the FDOT is at Tab 15 of the binder.
Ms. Krimsky said that many of the engineers have testified and asked the
Commissioners to consider everything they heard today when making their
decision. She said Staff Consultant Marty Minor testified before the
ARPB that the plat did not require any variances and it comports with
the Town's Code requirements subject to drainage being approved by SFWMD
and the conditions that have been imposed. She said the plat will be
subject to certain conditions which have been discussed with the Town
Attorney and Mark Grant who have entered into and prepared a subdivision
agreement which is set forth at Tab 30 of the binder. Ms. Krimsky
requested rebuttle time following comments from the Staff and the
Public.
Acting Chairman Devitt asked if Staff had any comments. Mr. Thrasher
said he did not. Acting Chairman Devitt requested that Staff Consultant
Marty Minor of Urban Design Kilday Studios give his presentation. Mr.
Minor introduced himself and said when this project was first was
presented in the Spring, some of the initial concerns were the buffering
around the roadways, the nature of the neighborhood and the potential
impacts created by the subdivision. He said a larger landscape buffer
was requested and the applicant has provided that. Mr. Minor said
another concern was the grading of the site and how it will develop and
affect the drainage on the site. He said Town asked the developer to
work with the neighbors on the drainage plan, they worked through many
revisions and the plan is now consistent with the Town's applicable
requirements and Comprehensive Plan. Mr. Minor said he worked closely
with Staff and consultants and a lot of time and information went into
the conditions of plat approval to ensure that this property is
developed in a way that lessens the impact to neighbors while providing
protection to the Town.
Regular Meeting and Public Hearing
Town Commission - November 10, 2011 Page 8
Acting Chairman Devitt asked for Staff comment and there was none. He
asked for public comment at this time. Ms. Nancy Touhey of 1200 N.
Ocean Blvd. introduced herself and said she was appalled to hear that
six lots are planned for this subdivision. She said it is a beautiful
and cherished piece of property filled with wildlife and birds. Ms.
Touhey said everyone has worked very hard to make it possible for the
community to accept this. She said the woods have protected them and is
very important to the community and thought the meandering wall will be
too close to the wooded area. She asked what the wall will be made of,
what it will look like and how it will meander. Ms. Touhey said they
were in need of drainage improvements and was pleased about the drainage
plan. She inquired about the guidelines for setbacks and the style of
homes for that subdivision. Mr. Randolph stated that this hearing was
only for plat approval and not for construction of homes on the site.
He explained that the drawings depicting homes are only for the purpose
of computing drainage. He said the developer would have to come back to
the ARPB for construction of homes and, at that time, the Board would
look at the mass, style and setback of the proposed homes.
Scott Morgan of 1140 N. Ocean Blvd. introduced himself and stated that
his property is south of the proposed subdivision. He said both
counsels have gone to great lengths to indicate that this is a plat
approval only, but Gulf Stream is unique in that they do not consider a
site plan development along with a plat and it is up to the Commission
to project what this plat will look like. Mr. Morgan said this is a
subdivision within one of the five neighborhood districts with its own
name and mini governing rules and regulations, a homeowners' association
within an existing district and bears the signs of a South Florida
subdivision. He pointed out that the plat shows six long rectangular -
shaped lots, each of which will most likely have a long rectangular -
shaped, two -story home on them. Mr. Morgan said Mr. Hutton, the
original owner, had one single - family home on the property. To keep
with the character of the Town and the nature of the Ocean West
District, he had a deed restriction stating that the there could never
be more than three homes on the property. He said it carried down from
Hutton to Webb to James and then through the decades, but he is told
there is a Florida Statute which purportedly eliminated that deed
restriction. Mr. Morgan said it is important to know what that
subdivision represents. He said he met with the developer to resolve
some of the issues and he opposes his development. Mr. Morgan said the
developer was straightforward and honest with him, but Seaside Builders
is a business and their purpose is to turn a profit and three homes is
not as profitable as six. He said this type of subdivision is
acceptable in other municipalities like Ocean Ridge and Highland Beach,
but there are no subdivisions in Gulf Stream and he suggests there
should not be.
Martin O'Boyle of 23 North Hidden Harbor Drive introduced himself and
stated that he has lived at this address for 30 years. He said Mr.
Tabolsky, who represents him and other neighbors, worked with the
developers and their counsel and has reached an acceptable agreement as
it applies to the neighbors. Mr. O'Boyle said the residents of Hidden
Harbour have made such a win because taking down the canopy would
Regular Meeting and Public Hearing
Town Commission - November 10, 2011 Page 9
destroy the property and, although the developer is not obligated to
maintain the canopy, he has agreed to do so. He has agreed to prevent
vehicular traffic access onto the road to Hidden Harbor and has agreed
to many other things that goes far beyond what is required to preserve
the property values of Hidden Harbour. Mr. O'Boyle said it should be a
six -lot subdivision and it lays out well. He said it is a different
world where people do not build small anymore.
ORobert Ganger of 1443 N. Ocean Blvd. introduced himself and said it
would be very helpful to the neighboring parties if it was explicit in
the development agreement that the Town and the developer will follow
the design guidelines for this project. He said the development will
look like a subdivision, but the Ocean West District is an estate area
and the criteria must be met. Mr. Ganger said it will be a milestone
and the community will lose a treasured home, but nobody will be
permitted to create a project that does not belong in Ocean West.
In response to Mr. Ganger's concerns, Mr. Randolph stated that anyone
who builds in the Town would have to comply with the Town's regulations.
He said in addition to the subdivision agreement there is a section
called Zoning Construction Requirements which reads, "the Town
acknowledges and agrees that under the current applicable zoning
ordinance one single family residence and appurtenances as defined and
permitted under the Town's Code of Ordinances may be constructed upon
each lot within the plat subject to all applicable ordinances and
regulations of the Town. Mr. Randolph said this language addresses
those concerns.
Ms. Krimsky said the experts and the neighbors have commented they have
discussed all of the steps taken by the developer to work with the Town
and the Town Attorney to meet and go beyond the requirements of the law.
She said even Mr. Morgan's letter states that the application complies
with a strict reading of the Town's Code. It also stated that the black
letter Code allows a developer to insert six large 8,000 to 10,000
square foot homes into this tract. Ms. Krimsky said the applicant has
gone far above the Town's Code to address any concerns of the property
owners. She asked the Commission to follow the law that is applicable
to the plat and other permits on the agenda and approve and follow the
September 22nd recommendation from the ARPB.
Ms. Touhey asked what road will be used once construction begins. Mr.
O
Tom Laudani of Seaside Builders, the developer of the project, stated
that access to the property for construction purposes will be through
one access point on AlA. He said the only additional construction
activity that will take place will be the installation of the drainage
that will cross the easement property on what is referred to as the
Canal Road. There will be no construction vehicles on Hidden Harbour
Drive or the canal road.
Lisa Morgan of 1140 N. Ocean Blvd. commented on the Australian Pine
Trees and how they are part of the character of Gulf Stream. She said
what makes Gulf Stream unique is the estate district she believes
Regular Meeting and Public Hearing
Town Commission - November 10, 2011
Page 10
developing a property in this manner with six homes will change the
character of the Town and it should not be allowed to happen.
Jim Gammon of 3851 N. Ocean Blvd. (Gulf Stream Shores) introduced
himself and said he understands the drainage is going to be improved to
decrease discharge into the Intracoastal and he said he assumes there
will be more runoff into the ground. He said he also assumes that the
o six homes will have septic systems suggested that the developer look
into whether the ground will be able to absorb the sewage when the water
lever is higher during the rainy season.
In closing, Ms. Krimsky said Mr. Pike has addressed the drainage plan
which meets all of the requirements and enhances the existing
conditions. She again asked the Commission to consider the requirements
for the subdivision plat approval before them and know that when
individual site plans come in they will have the opportunity to consider
the specific construction at that time. Ms. Krimsky thanked the
Commissioners for their consideration.
Acting Chairman Devitt closed comments from the public and consultants.
Commissioner Anderson moved and Commissioner Dering seconded to approve
division of property at 1220 North Ocean Blvd. into six (6) single
family lots based on a finding that the proposed subdivision meets the
minimum intent of the applicable review standards with the following
condition:
1. Prior to the recordation of the plat, the property owner shall
obtain all necessary permits for development from the applicable
regulating and permitting agencies. Septic tank permits will be applied
for and obtained by the individual lot owners prior to the construction
of the homes.
There was no discussion. Roll Call: Commissioner Anderson, AYE;
Commissioner Dering, AYE; Acting Chairman Devitt, AYE. The motion
passed 3 - 0.
Commissioner Anderson moved and Commissioner Dering seconded to approve
a demolition permit based on the finding that the proposed demolition
meets the minimum intent of the applicable review standards with the
following conditions:
1. Prior to the demolition of the existing house and clearing of the
site the applicant shall post a surety in an amount determined by a
C licensed engineer and confirmed by the Town engineer to be sufficient to
ensure that required improvements shall be completed if the developer
does not or cannot make the improvements in accordance with the approved
plans. The improvements shall include drainage improvements, private
roads, structural walls, water mains and appurtenances, site grading and
stabilization of the site. The surety shall represent 110% of the
estimated costs for the improvements.
2. Prior to the demolition of the existing house and clearing of the
site, the property owner shall enter into a developer agreement/
subdivision agreement (copy attached) with the Town to address the
provision of services to the site and development parameters.
Regular Meeting and Public Hearing
Town Commission - November 10, 2011 Page 11
There was no discussion. Roll Call: Commissioner Anderson, AYE;
Commissioner Dering, AYE; Acting Chairman Devitt, AYE. The motion
passed 3 - 0.
Clerk Taylor stated that a motion will be required for the subdivision
agreement. Commissioner Dering moved and Commissioner Anderson seconded
to approve the subdivision agreement. There was no discussion. Roll
C) Call: Commissioner Anderson, AYE; Commissioner Dering, AYE; Acting
Chairman Devitt, AYE. The motion passed 3 - 0.
Clerk Taylor called attention to a letter from the applicant requesting
an extension of the demolition restriction until December 15, 2011. She
said the demolition is prohibited from December 1st until May 1st
Clerk Taylor explained that due to the delay of approval for the
project, the applicant requests that the December 1st deadline be
extended until December 15th. Commissioner Dering moved and Commissioner
Anderson seconded to approve the extension of the demolition restriction
until December 15, 2011. There was no discussion. Roll Call:
Commissioner Anderson, AYE; Commissioner Dering, AYE; Acting Chairman
Devitt, AYE. The motion passed 3 - 0.
Commissioner Anderson moved and Commissioner Dering seconded to approve
the North Ocean Boulevard permit based on the finding that the proposed
permit meets the minimum intent of the applicable review standards.
There was no discussion. Roll Call: Commissioner Anderson, AYE;
Commissioner Dering, AYE; Acting Chairman Devitt, AYE. The motion
passed 3 - 0.
Commissioner Anderson moved and Commissioner Dering seconded to approve
the land clearing permit based on the finding that the proposed land
clearing meets the minimum intent of the applicable review standards
with the following condition:
1. Within ten (10) days of the clearing of the site, the property
owner shall stabilize the soil and undertake all necessary soil erosion
prevention actions.
There was no discussion. Roll Call: Commissioner Anderson, AYE;
Commissioner Dering, AYE; Acting Chairman Devitt, AYE. The motion
passed 3 - 0.
Commissioner Anderson moved to approve the Level III Architectural Site
Plan of the proposed subdivision at 1220 North Ocean Blvd. into six (6)
single family lots based on the finding that the proposed subdivision
meets the minimum intent of the applicable review standards with the
following conditions:
1. Prior to the demolition of the existing house and clearing of the
site the applicant shall post a surety in an amount determined by a
licensed engineer and confirmed by the Town engineer to be sufficient to
ensure that required improvements shall be completed if the developer
does not or cannot make the improvements in accordance with the approved
plans. The improvements shall include drainage improvements, private
roads, structural walls, water mains and appurtenances, site grading and
Regular Meeting and Public Hearing
Town Commission - November 10, 2011 Page 12
stabilization of the site. The surety shall represent 110% of the
estimated costs for the improvements.
2. Prior to the issuance of the first building permit for vertical
construction on the site, the grading of the entire site and completion
of the required improvements shall be completed and accepted by the Town
engineer. In addition, the applicant shall provide evidence that all
required utilities have been released for operation prior to the
O issuance of the Certificate of Occupancy for each home.
3. Prior to the demolition of the existing house and clearing of the
site, the property owner shall enter into the enclosed developer
agreement /subdivision agreement with the Town to address the provision
of services to the site and development parameters.
4. Within ten (10) days of the clearing of the site, the property
owner shall stabilize the soil and undertake all necessary soil erosion
prevention actions.
5. The existing vegetation along the existing roadways shall be
maintained, if and where possible, as indicated on the submitted
subdivision plans. If a portion of this buffer of existing vegetation
has to be removed during the development process, the developer will
create the required landscape area along the roadway with native shrubs
planted 2 feet on center and native canopy trees 20 feet on center. In
addition, where vegetation is removed the surrounding soils will need to
be stabilized and erosion control devices installed to prevent the
erosion of soils off -site.
6. Prior to the recordation of the plat, the property owner shall
obtain all necessary permits for development from the applicable
regulating and permitting agencies. Septic tank permits will be applied
for and obtained by the individual lot owners prior to the construction
of the homes.
Mr. Randolph clarified the word "surety" saying that he usually hears
the word "surety" in connection with bonds. He said the subdivision
agreement which was approved indicated that they can post a bond or a
clean irrevocable letter of credit and he wants to be sure for the
record that it is understood in the approval of the motions made that
talk about surety that the Town has given either the option of a bond or
a clear irrevocable letter of credit. Commissioner Daring seconded the
motion. There was no discussion. Roll Call: Commissioner Anderson,
AYE; Commissioner Dering, AYE; Acting Chairman Devitt, AYE. The motion
passed 3 - 0.
Acting Chairman Devitt stated for the record that a letter from Patricia
Randolph was received just prior to this meeting and it has been
circulated among the Commissioners and read. Mr. Randolph said it was
appropriate to mention Ms. Randolph's letter because it would be
considered ex -parte communication.
Acting Chairman Devitt turned the gavel back to Vice -Mayor Orthwein at
10:20 A.M. Vice -Mayor Orthwein requested a short break to clear the
room. The meeting reconvened at 10:30 A.M.
Regular Meeting and Public Hearing
Town Commission - November 10, 2011 Page 13
VIII. Reports.
A. Town Manager
Mr. Thrasher stated that he will provide an update on the Undergrounding
Project and Ned McDonald who represents the Place Au Soleil Homeowners'
Association and residents will give an update on the improvements to
their entrance.
1. Undergrounding Project Update
GMr. Thrasher reported that the project is proceeding as planned, the
consultants are engaged in the field work, identifying where easements
are necessary, obtaining easements and placing equipment. He said he
expects we will be able to advertise this project for public bid in the
first quarter of 2012, but it depends upon FP &L and how fast they
respond to the information we are requesting of them. The project is
still on target and the Town was able to obtain easements for the
project as it relates to the recent approval and development in Hidden
Harbour. Mr. Thrasher said the project cost is $5 million and Town
received approximately $3.2 million in prepayment money from residents.
He said the prepayments came in very fast, an account was opened to
deposit these funds and Staff did an excellent job carrying out this
task. Vice -Mayor Orthwein asked if the money was in an interest - bearing
account. Mr. Thrasher said it is not. Commissioner Devitt asked where
such a deposit is made to secure the funds. Mr. Thrasher said the
amount is beyond the FDIC limits, but through Florida Statutes the
Public Depository System states that if one bank fails all others that
are members of that depository system guarantee the value of the funds
to the greatest extent that can be.
2. Place Au Soleil Entrance Improvement Update
Ned McDonald, a member of the Place Au Soleil Homeowners' Association,
introduced himself and stated that he lives at 2538 Avenue Au Soleil.
For the benefit of Commissioner Dering, Mr. McDonald gave a brief
history of this project saying that there was a special homeowners'
meeting which resulted in a near unanimous vote in favor of making an
assessment request of the community. He said they gave their
presentation to the Commission and the ARPB in August where they
received unanimous support to move forward.
Mr. McDonald said that construction is going on and they just began
excavation on the north side of the Guard House. He said the cement
will be poured and pavers placed to complete the north side, they will
begin on the south side next week, they will begin work on the Guard
House on November 30th and the landscaping the following week. Mr.
CMcDonald said that with this construction there has been one lane of
traffic used to enter and exit Place Au Soleil and, therefore, they have
had flagmen out there 24/7. He said somewhere between December 15th and
December 22nd, the project will be complete, which includes the
landscape, pavers, roof cleaning and new facing on the Guard House and
new paint above the facing.
Mr. McDonald said that following the permit approvals from the City of
Delray Beach, a new security system will be installed which will bring
peace of mind to their community. He said the system includes four
cameras, giving them the ability to capture license plates. Mr.
McDonald thanked the Gulf Stream Police Department saying they have
Regular Meeting and Public Hearing
Town Commission - November 10, 2011
Page 14
provided great coverage during this process and have been passionate
about what is going on there.
B. Architectural Review & Planning Board
1. Meeting Dates
a. November 17, 2011 @ 8:30 A.M.
b. December 22, 2011 @ 8:30 A.M.
c. January 26, 2012 @ 8:30 A.M.
d. February 23, 2012 @ 8:30 A.M.
e. March 22, 2012 @ 8:30 A.M.
There were no conflicts with the meeting schedule.
C. Finance Director
1. Financial Report for October 2011
Mr. Thrasher requested that the Financial Report for October 2011 be
approved as submitted. Commissioner Dering moved and Commissioner
Anderson seconded to approve the Financial Report for October 2011.
Roll Call: Commissioner Devitt, AYE; Commissioner Anderson, AYE;
Commissioner Dering, AYE; and, Vice -Mayor Orthwein, AYE.
D. Police Chief
1. Activity for October 2011
Chief Ward explained that "Burglary Residence," which is about six (6)
lines down on his report, was changed to "Criminal Mischief." He
requested that the Activity Report for October 2011 be accepted as
submitted. The Commission accepted the Activity Report for October
2011.
E. Water Cost Comparison -FL Coalition for Preservation -R. Ganger
Robert Ganger, President of the Florida Coalition for Preservation,
prepared and distributed 7 -page Water Overview Report and the Report
will be filed with the Official Records of the Town of Gulf Stream.
Mr. Ganger said the data in this report was compiled for the Florida
Coalition because they are looking at services provided to, and enjoyed
by, all of the municipalities on the Barrier Island. The report
includes the comparison of water consumption and the cost of water
between the Town of Gulf Stream and other municipalities on the Barrier
Island. He said the Coalition is looking for opportunities for
municipalities to become more efficient and effective with their
investments and, while the information was not compiled for the Town, it
does answer some of their questions.
Mr. Ganger talked about the amount of potable water the Town buys from
O the City of Delray Beach and how that water is used. He said 80 -90% of
the Town's water is used for irrigation purposes and South Florida Water
Management District (SFWMD) allocates 227 million gallons a year to the
wells and pumps that service golf courses and schools for their
irrigation. Mr. Ganger said golf courses have plenty of water, but they
have been under restrictions. He said there are numerous private wells
that are still in use, more in Ocean Ridge than in Gulf Stream, but Gulf
Stream is unique because it is a green community.
Mr. Ganger talked about reclaimed water for irrigation and said there is
a County facility, it is jointly operated by Boynton Beach and Delray
Beach, it has a capacity of 25 million gallons per day and there are no
Regular Meeting and Public Hearing
Town Commission - November 10, 2011
Page 15
current plans to pipe reclaimed water into the Gulf Stream - Manalapan
corridor. He said Delray will eventually allocate 1 million gallons a
day of reclaimed water to Delray Barrier Island customers and Boynton
Beach is exploring a pipe to service St. Andrews, The Little Club and
condominiums west of the Intracoastal. The introductory pricing makes
it an attractive option and Mr. Ganger suggested that Gulf Stream bring
back reclaimed water in the future for irrigation purposes.
OMr. Ganger said that during this process he discovered how well the Town
of Gulf Stream calculates their use of water. He added that the Town's
billing policy is the most comprehensive on the Barrier Island. He said
the typical monthly usage is about 50,000 gallons per account, which
equates to about 18,500,000 gallons per year per account. Mr. Ganger
said it has been publicized that Palm Beach Island uses more than
500,000 gallons per capita per year. Gulf Stream is the largest user of
water on the Barrier Island due to irrigation, using in excess of
300,000 gallons per capita per year, and the second largest user on the
Barrier Island is Ocean Ridge.
Mr. Ganger explained that the Town buys their water from Delray Beach
for about $2.50 per gallon and sells it for about $4.50 per gallon to
cover operating, administrative and transfer costs, just breaking even.
He said the costs for pipe repair and replacement are currently covered
under the General Fund and there are no provisions for a reserve fund to
cover those costs at this time. Because all costs are covered through
their billing, Gulf Stream has the highest water rate on the Barrier
Island. He said when Boynton Beach bills the municipalities they serve
they add on a 10% tax for water usage only and they return 9% of that
money to the municipality which goes into their general utilities
account. Mr. Ganger said Gulf Stream has a handle on their real water
costs, but many of the communities do not.
Different distribution models are provided on Page 8 in the Report,
starting with Manalapan who serves Hypoluxo. Mr. Ganger said some
models produce their own water, extract it from the ground, export it to
another community as a profit center and advertise the debt service on
those expensive plants in the customer billing. He said the plants are
expensive, but there is a benefit to producing your own water.
Kristine de Haseth of the Florida Coalition commented that Delray Beach
recently instituted a policy requiring anyone applying for a permit for
�) new irrigation on sprinkler systems must use the conservation heads.
In closing, Mr. Ganger said there will be many questions that will come
from this data. Vice -Mayor Orthwein said the Commission must make a
decision as to whether they will charge water to replace pipes or
continue to take it from the Fund Balance. She said the Commission will
need to give a lot of consideration to this matter because Gulf Stream
pipes are very old.
IX. Items for Commission Action.
A. Resignation of Charles Frankel III from ARPB
Regular Meeting and Public Hearing
Town Commission - November 10, 2011 Page 16
Vice -Mayor Orthwein noted that Charles Frankel has submitted his Letter
of Resignation from the ARPB due to the sale of his home and his
relocation to the Town of Palm Beach.
B. Vacancies on Architectural Review & Planning Board
1. Regular Member Term Ending March 2012
2. Alternate Member Term Ending March 2012
a. Letters of Interest
(1) Paul A. Lyons, Jr.
(2) Thomas M. Stanley
Vice -Mayor Orthwein noted that there are two vacancies on the ARPB, one
for a Regular Member with a term ending March 2012 and one for an
Alternate Member with a term ending March 2012. She said letters of
interest were received from Paul Lyons and Thomas Stanley and they are
included in the Commission packets. Commissioner Anderson said she was
impressed with the letter from Mr. Lyons because he spends most of his
time in Gulf Stream. Mr. Lyons was present and introduced himself
stating that he lives at 2549 Polo Drive and has a home in the Hamptons.
He said he sits on many Boards and his intention is always to attend the
meetings. He said Gulf Stream is his primary residence, he has family
here and he is interested in seeing that traditions are preserved here.
Vice -Mayor Orthwein said she does not know Tom Stanley personally.
Commissioner Devitt said he knows Mr. Stanley personally and said he is
an attorney in the area, he ran for City Commission in Delray Beach, he
is married and lives directly south of the School. Commissioner Devitt
said he would be a great addition to the ARPB.
Commissioner Devitt moved and Commissioner Anderson seconded to appoint
Paul A. Lyons, Jr. as the Regular Member of the ARPB. There was no
discussion. All voted AYE.
Commissioner Devitt moved and Commissioner Anderson seconded to appoint
Thomas M. Stanley as the Alternate Member of the ARPB. There was no
discussion. All voted AYE.
C. Resolutions.
1. No. 11 -16; A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE
APPROPRIATIONS OF BUDGET EXPENDITURES IN THE GENERAL FUND
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2011; PROVIDING
AN EFFECTIVE DATE.
Clerk Taylor read Resolution No. 11 -16 being presented for adoption this
10th day of November, 2011. She explained that there are adjustments in
the Police Department: Salaries, $7,000; Benefits, $2,000; Vehicle
Maintenance, $2,000; Fuel, $4,000. Clerk Taylor said these are
increases which will be replenished by removing $15,000 from the
Unreserved Fund Balance. Commissioner Devitt moved and Commissioner
Anderson seconded to adopt Resolution No. 11 -16. There was no
discussion. All voted AYE.
2. No. 11 -17; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, FLORIDA PROVIDING FOR THE APPROPRIATIONS
OF BUDGET EXPENDITURES IN THE WATER FUND FOR THE FISCAL
N
IN
Regular Meeting and Public Hearing
Town Commission - November 10, 2011 Page 17
YEAR ENDING SEPTEMBER 30, 2011; PROVIDING AN EFFECTIVE
DATE.
Clerk Taylor read Resolution No. 11 -17 being presented for adoption this
10th day of November, 2011. She explained the re- appropriations being
made: Depreciation, an increase of $50,000 and $50,000 decrease
unreserved retained earnings. Commissioner Devitt moved and
Commissioner Anderson seconded to adopt Resolution No. 11 -7. There was
no discussion. All voted AYE.
D. Items by Mayor and Commissioners.
Vice -Mayor Orthwein said that at some point the Commission needs to talk
about water. Commissioner Devitt agreed and said it should be an agenda
item each month. Vice -Mayor Orthwein asked if it could be included on
the next meeting agenda. Commissioner Devitt said the primary purpose
is to find a way to build a reserve fund. Commissioner Devitt suggested
putting a long term plan in place for water usage.
X. Public. Ned McDonald commented on the letter Mayor Koch sent to the
former Mayor of Boynton Beach and said he believes his letter played a
strong part in the improved outcome of the new WalMart. He commended
Mayor Koch for his initiative.
Commissioner Devitt requested to have the Water Overview Report included
in the Commission packets until such time that a plan is in place.
XI. Adjournment. Commissioner Anderson moved and Commissioner Dering
seconded to adjourn the meeting. The meeting was adjourned at 11:20
A.M.
Gail C. Abbale
Administrative Assistant
FORM
811 MEMORANDUM
COUNTY,
MUNICIPAL, AND 0
,ST NAME -FIRST NAME - MIDDLE NAME
ORTHWEIN,
Joan K.
OILING ADDRESS
543 Palm Way
T1'
COUNTY
Gulf Stream
Palm Beach
3 ON WHICH VOft, OCCURRED
11 -10 -11
OF VOTING
HER LOCAL
Town Cotmassion
THE BOARD, COUNCIL. COMM
WHICH 1 SERVE IS A UNIT OF:
LICT FOR
C OFFICERS
XC'1'1V . COUNTY ' OTHER LOCAL AGENCY
NAME OF
Town of Gulf Stream
WHO MUST FILE FORM !!
x ELECTIVE .; APPOINTIVE
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 under 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 inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
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 on
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 which
inures to his special private gain. Each local officer also is prohibited front knowingly voting on a measure which inures to the
lecial 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 must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE -ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the mingtes.
• 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,
S
IF YO.0 MAKEjNO. ATTEMPT -TO INFL'UENCE.THE DECISION'.EXCEPT 6 DISCUSSION AT THE'- MEETING:
'•''You should "disclose orally the nature of youi conflict in the measure before participating.
• You4hould-complete form and file it within 15,days,after the vote.occurs;with the person responsible for recordingsthe- minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Joan K. Orthwein -
I, hereby disclose that on
(a) A measure came or will come before my agency which (check one).
November 10, -
xx
2011;
inured to my special private gain; or
y iriueed`to'the•spccial "gdin of �/�m • !�• / !o/� > ✓�10{�/ by whom l am retained.
(b)`'Thc =measure before my agency and the nature of my'infete9t in the measure is as follows:
�J''- Ja�LO.t -(-r .l,��Yi� /i,, ��.4•�'�- .�- a- �- �ss-'`� .,oi /¢.�
it -15—
Date Filed
.'b'4z--441
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ¢112317 (1985),-A'FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE'PUNISHED BY'ONE OR MORE OF ?HE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM. OFFICE Olt EMPLOYMENT, .. DEMOTION, RED,U.CTION IN
SALARY, REPRIMAND OR A CIVIL PENALTY 1 01&10 EXCEED 55,000.
FORM oe • IM1tlG PAG
Return to: (enclose self - addressed stamped envelope)
Name:
Mark F. Grant, Esquire
Address:
Ruden McClcsky PA
200 East Bmward Boulevard, Suite 1500
Fort Lauderdale, Florida 33301
This Instrument Prepared by:
Mark F. Grant, Esquire
Address:
Roden McClosky P.A.
200 East Broward Boulevard, Suite 1500
Fort Lauderdale, Florida 33301
Property Appraisers Parcel LID. (Folio) Numbers(s):
�BDIVISION AGREEMENT ("Agreement") is made and entered into this _a day of
OV(?M 2011, by and between HARBOR VIEW ESTATES, LLC, a Florida limited liability
company, with an address at 185 N.E. 4th Avenue, #104, Delray Beach, FL 33483 ( "Harbor "), and the
TOWN OF GULF STREAM, a municipal corporation of the State of Florida ( "Town "), with an address
at 100 Sea Road, Gulf Stream, FL 33483, and is being joined in and consented to by Harbor View Estates
Association, Inc., with an address at 185 N.E. 4th Avenue, #104, Delray Beach, Florida ("Association ") to
acknowledge its responsibilities hereunder and the Town's enforcement rights.
WITNESSETH:
WHEREAS, Harbor is the owner of parcel of real property located in the Town of Gulf Stream,
Florida, as more particularly described in Exhibit "A" attached hereto and made a part hereof
( "Property"); and
WHEREAS, Harbor has asked the Town to approve Harbor's proposed Plat of Hidden Harbour
Estates Plat Two subdividing the Property into six (6) single - family residential lots (herein called "the
Plat "). A copy ofthe Plat is attached hereto as Exhibit "B". In this Agreement the Property's six lots are
singularly referred to as a "Lof' and collectively as the "Lots ".
NOW, THEREFORE, for and in consideration of the mutual benefits and the public interest and
other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged,
the parties hereto agree as follows:
RM:8113794:13
1. Recitals. The foregoing recitations are true and correct and are hereby incorporated herein
by reference. All exhibits to this Agreement are hereby deemed a part hereof.
2. Authority. This Agreement is entered into under the authority of the Florida Constitution
(including Article VIII, Section 2(b) thereof), the general powers conferred upon municipalities by statute
and otherwise, and the Town's Code of Ordinances.
3. Effective Date. This Agreement shall be effective upon recordation. This Agreement
shall not be recorded in the Public Records of Palm Beach County, Florida until after approval by the
Town of the Plat, and the expiration of all appeal periods applicable to such approval, or if an appeal is
filed, at the denial of such appeal with the Plat approval remaining in force and effect.
4. Property Ownership. Harbor acknowledges and represents to the Town that it is the
owner of the Property and is empowered to enter into this Agreement. The Town acknowledges that all
terms, conditions and provisions of this Agreement shall inure to the benefit of and be binding upon any
successors -in -title to Harbor to any Lot within the Property.
5. Plat Approval.
A. The application for approval of the Plat is approved, subject however to all
matters contained herein.
B. The Plat consisting of two (2) pages is hereby approved by the Town. The Plat
will be recorded in the Palm Beach County, Florida public records, as will this Agreement.
C. Approval of the Plat is subject to all laws of the Town and of all other
governmental bodies having jurisdiction over the Properly or the use thereof, including, without
limitation, the Town's Code of Ordinances as well as all conditions set forth herein.
6. Zoning, Construction Requirements.
A. The Town acknowledges and agrees that under the current applicable zoning
ordinance one (1) single family residence and appurtenances (as defined and permitted underthe
RM:8113794:13
2
Town's Code of Ordinances) may be constructed upon each Lot within the Plat, subject to all
applicable ordinances and regulations of the Town.
B. In addition to compliance with non - conflicting laws of all governmental bodies
having jurisdiction (including the Town), Harbor shall satisfy the following, all of which must be
completed within thirty (30) months following the recording of this Agreement. In connection
with all responsibilities of the Association set forth herein, same may be enforced by the Town
through all legal and equitable remedies. Included in the Town's enforcement rights is the right
of the Town to send written notice to the Association in the event the Association fails to fulfill
its obligations under this Agreement. In the event the Association does not remedy the failure
within thirty (30) days of receipt of such notice from the Town, the Town has the rightto perform
the work described in the notice and to lien the Lots for the cost of such work, which lien shall be
effective from the date of recording any such lien. Each Lot shall be entitled to a release of any
such lien by paying to the Town one -sixth (1/6) of the amount of the lien.
(i) Access. Construction of the roadway within Tract A as shown on the Plat, which
may currently be described as a "T- shaped" private road ( "Road "), shall remain private and shall
be maintained by the Association (in accordance with a Declaration of Covenants, Conditions and
Restrictions of Harbor View Estates to be recorded by Harbor). There will be no ingress or
egress to or from Lots 1, 2, 3, 5 or 6 from Ocean Boulevard (State Road AIA) except by way of
the Road on Tract A. Lot 4 as shown on the Plat may also have a driveway onto Ocean
Boulevard (State Road AIA) with a secondary access onto Tract A.
(ii) Bond. Prior to construction of the Road on Tract A and /or any utility lines or
drainage systems to be installed to service the Lots within the Property and any of the
improvements referenced herein, Harbor shall cause a bond or a clean, irrevocable letter of credit
acceptable to the Town in its sole discretion, to be issued naming the Town as obligee in an
amount of $355,773, which amount is equal to 110% of the contract price for such improvements
RM:8113794:13
3
in order to secure completion thereof. A performance bond posted by a licensed contractor and
naming Harbor and the Town as obligees or a letter of credit obtained by Harbor naming the
Town as beneficiary will satisfy the requirement of this paragraph. All bonds must be issued by
surety or bonding companies licensed in Florida and any letter of credit must be able to be
presented at an institution in Florida and shall provide that venue for any action shall be in Palm
Beach County, Florida and that Florida law shall govern. Harbor and the Town shall agree upon
a mutually satisfactory Bond Reduction Schedule so that the bond or letter of credit is reduced as
work is completed. The Bond Reduction Schedule shall provide for reductions in the bond or
letter of credit upon the completion of each of the following: (a) the Road described in B(i)
above, (b) the Walls described in B(v) below and (c) the Drainage System described in B (iii)
below. Since Harbor has thirty (3 0) months to complete the work for which the bond or letter of
credit shall serve as security, in the event the bond or letter of credit is due to expire before the
work has been completed, Harbor shall, at least thirty (30) days prior to expiration of the bond or
letter of credit, provide to the Town either a replacement bond or letter of credit or an extension
agreement. The bond or letter of credit shall provide that in the event a replacement bond or letter
of credit is not provided, or the bond or letter of credit is not extended at least thirty (30) days
prior to expiration as set forth herein, the Town may call due the full amount due underthe bond
or letter of credit and said amount shall be paid to the Town upon request of the Town.
(iii) . Drainage System. The Town acknowledges that Harbor is creating a drainage
system for the Property which exceeds what it is required to create under current law in that such
drainage system will receive and accommodate rainwater from the roadway north of and adjacent
to the Property in excess of the historical amount of rainwater that has been accommodated onto
the Property ( "Drainage System "). The Town's approval of the Plat is subject to the South
Florida Water Management District (SF WMD) acceptance and approval of the proposed Drainage
System. Harbor acknowledges and agrees that Harbor will not be permitted by the Town to
RM:8113794:13
obtain a building permit for a residence to be constructed upon any of the Lots within the
Property until Harbor has obtained SFVAO approval for the Drainage System and completed to
the satisfaction of the Town all other improvements referenced herein. The Drainage System
shall be maintained by the Association.
(iv) Agreement with Neighbors. "Hidden Harbor Estates" consists of eight (8) lots,
with improvements thereon, immediately west of the Property. Harbor acknowledges and agrees
that the Town's approval of the Plat was conditioned upon Harbor entering into an agreement
( "Agreement with Neighbors ") with some of the lot owners within Hidden Harbour Estates with
respect to: (I) restricting Harbor from using the name "Hidden Harbour Estates "; (II) addressing
drainage and septic issues, and Harbor's indemnification related thereto; (III) prohibiting the Lot
owners from using Tract R as shown on the Plat for direct vehicular access to and from the Lots;
(IV) limiting the Lot owners' vehicular access to Tract A as shown on the Plat, except that Lot 4
may have direct access to Ocean Boulevard; (V) limiting the use of the 20' private road and utility
easement located in the western portion of the Plat (which private road and utility easement is
identified on the Hidden Harbour Estates Plat recorded in Plat Book 36, Page 110) to pedestrian
and golf cart traffic; (VI) maintaining the tree canopy over Tract R as shown on the Plat; (VR)
maintenance of the landscape buffers (on the north and south boundaries of the Property) as
shown on the Plat; (VIII) Lots 1, 2 and 3 bearing all expenses to maintain the area identified as
"Tract A" of the Hidden Harbour Estates Plat recorded in Plat Book 36, Page 110 (not to be
confused with the "T- road" identified as Tract A on the Plat) (the area identified on Plat Book 36,
Page 110 as "Tract A" consists of the westerly portions of Lots 1, 2 and 3 to the `Private Canal'
shown on the Plat, and such area is more particularly described and/or identified as "Area C" on
Exhibit "C" attached hereto); (IX) the sharing of costs with respect to the maintenance of the
drainage facilities within Tract R as shown on the Plat; (X) the maintenance of the 20' private
road and utility easement; (XI) the installation and maintenance of retaining walls ( "Walls' near
RM:8113794:13
the northern and southern boundaries of the Property, which Walls shall be maintained by the
Association; and (XII) the installation and maintenance of a wall at the southern terminus of the
Road ( "South Terminus Wall"), which South Terminus Wall shall be maintained by the
Association. The Town acknowledges that Harbor and such neighbors have entered into the
Agreement with Neighbors and that such Agreement with Neighbors shall be recorded amongst
the public records of Palm Beach County, Florida prior to recording of this Agreement. Harbor
shall reference the Agreement with Neighbors in the Declaration of Covenants, Restrictions and
Easements which it shall record amongst the public records of Palm Beach County, Florida with
respect to the Lots.
7. Miscellaneous.
A. Wherever the word "laws" appears in this Agreement it shall be deemed to
include all ordinances, rules and regulations as well as laws of the appropriate governmental
authorities.
B. This Agreement may not be amended exceptby written instrument signed by both
parties hereto. ,
C. Paragraph headings are inserted for convenience only and shall not be read to
enlarge, construe, restrict or modify the provisions hereof. All references to numbered or lettered
paragraphs, sub - paragraphs and exhibits refer (unless the context indicates otherwise) to
paragraphs and subparagraphs of this Agreement and to exhibits attached hereto, which exhibits
are by this reference made a part hereof.
D. This Agreement shall be binding upon the parties hereto and upon their respective
successors and assigns and shall, once recorded, run with the Property.
E. In the event of the invalidity of any provision of this Agreement, same shall be
deemed stricken herefrom and this Agreement shall continue in full force and effect as if such
invalid provision were never a part hereof.
RM:8113794:13
6
F. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida.
G. This Agreement may be executed in one or more counterparts, each of which shall
be deemed an original, but all of which shall together constitute one in the same instrument.
WITNESSES:
ATTEST:
Pita Taylor, Town Clerk
STATE OF FLORIDA )
COUNTY OF PALM BEACH) ss
TOWN OF GULF STREAM, a Florida
mun�ipal,Foi, or4tlon
By. L7\ tai iam F. Koch, Jr., M L7\ ayor �
1,5'- Z/— day of November, 2011
APPRO [:
B y
hn C. Randolph, Town Attorney
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid
and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before
me by William F. Koch, Jr., as Mayor of the Town of Gulf Stream, a Florida municipal corporation, on
behalf of the Town, freely and voluntarily under authority duly vested in him by said municipal
corporation and that the seal affixed thereto is the true corporate seal of said municipal corporation. He is
personally known to me or has produced as identification.
WITNESS my hand and official seal in
November, 2011.
My Commission Expires:- 30J 20 /'3
GAIL C. ABBALE
MY COMMISSION I DO 918106
' EXPIRES: September 30,2013
Bonded Tluu Budget Notary Services
RM:8113794:13
the Co n and State last aforesaid this /� day
Cy f
otary Public, State of F orid /
Print Name: (5-,a t - 916L;a tQ
WITNESSES:
Print Name: %3P K e e % a.GUCA
Print) kk u
STATE OF FLORIDA )
COUNTY OF PALM BEACH) ss
HARBOR VIEW ESTATES, LLC, a Florida
limited liability company
By.
Thomas D. Laudani, Manager
A day of November, 2011
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by Thomas D. Laudani, Manager of Harbor View Estates, LLC, freely and
voluntarily under authority duly vested in him by said limited liability company and that the seal
affixed thereto is the true corporate seal of said limited liability company. He is personally kno_ w n to
me or has produced as identification.
WITNESS my hand and official seal in the County and State last aforesaid this�day of
November, 2011. /7
Not blic, St a of Flori da _ /1
My Commission Expires: Print Name: ib ZG �1 C- at'�
ELIZABETH CUTAIA
MY COMMISSION 9 EE070457
!r�,R EXPIRES March 03, 2015
(407) 0080153 FlvddeNote Semice.com
RM:8113794:13
EXHIBIT "A" TO SUBDIVISION AGREEMENT
LEGAL DESCRIPTION OF PROPERTY
Lots 4, 5, and the Northerly 92 feet of Lot 6, of GOLF COURSE ADDITION, according to the Plat thereof, as
recorded in Plat Book 10, Page 75, of the Public Records of Palm Beach County, Florida.
:t«5
Tract A, of HIDDEN HARBOUR ESTATES, according to the Plat thereof, as recorded in Plat Book 36, Page 110,
of the Public Records of Palm Beach County, Florida.
:t «a
Lot 6, less the Northerly 92 feet thereof, of GOLF COURSE ADDITION, according to the Plat thereof, as
recorded in Plat Book 10, Page 75, of the Public Records of Palm Beach County, Florida.
All of said lands situate, lying and being in Palm Beach County, Florida.
RM:8113794:13
EXHIBIT "B" TO SUBDIVISION AGREEMENT
PLAT
RM:8113794:13
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EXHIBIT "C" TO SUBDIVISION AGREEMENT
western portion of Lots 1, 2 and 3, bordered by the "Private Canal ", which Area C is also known
as Tract A on Plat Book 36, Page 110
RM:8113794:13
12
O
NOTICE OF APPLICATION FOR APPEAL OF FINAL ACTION OF
PLANNING & BUILDING ADMINISTRATOR
NOTICE IS HEREBY GIVEN that the Town Commission, sitting as
the Board of Adjustment of the Town of Gulf Stream, will hold a
Public Hearing on Friday, December 9, 2011 at 9:00 A.M. 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 Peter S. Bennett, owner of
property located at 2522 Avenue Au Soleil, legally described
as Lot 52 Place Au Soleil Subdivision, Gulf Stream, Florida,
for the following:
APPEAL OF ADMINISTRATIVE DECISION to deny the installation
of slurry coated, white flat cement tile on the roof of
the dwelling at the location stated herein.
The Town Commission shall make a final decision regarding the
subject application at the meeting noticed above. The meeting 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
Town Commission of the Town of Gulf Stream 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.
Dated: November 22, 2011 TOWN OF GULF STREAM, FLORIDA
Rita L. Taylor, Own Clerk
APPLICATION FOR DEVELOPMENT APPROVAL
NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board
of the Town of Gulf Stream will hold a Public Hearing on Thursday, December
22, 2011 at 8:30 A.M., and the Town Commission of the Town of Gulf Stream,
Florida will hold a Public Hearing on Friday, January 13, 2012 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:
IC An application submitted by Caroline Rudolf or Hassan Tajalli as agent
for Mr.& Mrs. William McCrady, owners of the property located at 3883
Bermuda Lane, Apt. 8, Gulf Stream, Florida, which is legally described
as Bermuda Club of Gulf Stream Condo #8, to consider the following:
VARIANCE to permit the addition of outside emergency stairs attached
to the south end of the existing building that will encroach three
feet (31) into the required fifteen foot (151) setback.
LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the addition of
aluminum emergency stairs attached to the south end of the existing
building which will encroach approximately 3' into the required
setback.
The Architectural Review and Planning Board shall make a recommendation to
the Town Commission and the Town Commission shall make a final decision
regarding the subject application at the meetings noticed above. The
meetings may be adjourned from time to time and place to place as may be
necessary to hear all parties and evidence.
The complete application materials are on file in the Office of the Town
Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be
reviewed during regular business hours, which generally include non - holiday
weekdays from 9:00 A.M. to 4:00 P.M.
ALL PARTIES INTERESTED IN THESE MATTERS may appear before the
Architectural Review and Planning Board and the Town Commission of the Town
of Gulf Stream at the times and place aforesaid and be heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE
ARCHITECTURAL REVIEW AND PLANNING BOARD or the Town Commission WITH RESPECT
TO ANY MATTER CONSIDERED AT THE PUBLIC HEARINGS, SAID PARTY WILL NEED A
RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A
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.
Date: November 23, 2011
Publish: Palm Beach Post
December 7, 2011
December 29, 2011
January 8, 2012
TOWN OF GULF STREAM, FLORIDA
' c �_
Rita L. Taylor, Town Clerk
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
Development Approval was published in said newspaper in the issues of
December 7, 29, 2011 & January 8, 2012. Affiant further says that the said The
Post is a newspaper published at West Palm Beach, in said Palm Beach County,
Florida, and that the said newspaper has heretofore been continuously published
in said Palm Beach County, Florida, daily and Sunday and has been entered as
second class mail matter at the post office in West Palm Beach, in said Palm
Beach County, Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and 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.
—0
Sworn to and subscribed before 911 day of January, A.D. 2012.
Who is personally known to me.
NOTARY PUBLIC -STATE OF FLORIDA
x0 ... '� Karen R McLinton
Commission #DD832672
V Expires: NOV.15, 2012
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