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HomeMy Public PortalAbout12/09/2011December 2, 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 L/ THE TOWN OF GULF STREAM ON DECEMBER 9, 2011 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. P: I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes of the Regular Meeting of November 10, 2011. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. January 13, 2012 @ 9 A.M. 2. February 10, 2012 @ 9 A.M. 3. March 9, 2012 @ 9 A.M. 4. April 13, 2012 @ 9 A.M. 5. May 11, 2012 @ 9 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Douglas W. Mann, P.E. of Coastal Planning & Engineering, as agent for Barry Goodman, owner of the property located at 3603 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as a portion of Lot 8 of Replat of Lots 8 and 9, Gulf Stream Ocean Tracts and a portion of Lots 7, 8 & 9, Block B Palm Beach Shore Acres, to consider the following: a. SPECIAL EXCEPTION to permit extension of existing 1 tile deck 12' seaward to the leeward foot of the dune and will include placement of beach compatible fill held in place by a retaining wall constructed with railroad ties. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a 648 square foot tile deck extension to the existing deck which will extend 12, seaward to the leeward foot of the dune, placed on beach compatible fill material with a retaining wall of railroad ties. B. Appeal Final Action of Planning & Bldg. Administrator 1. 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: a. 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. VIII. Reports. A. Proposed Amendments -Marty Minor, Urban Design Kilday 1. Comprehensive Plan 2. Zoning Code B. Town Manager 1. Undergrounding -Loan Validation Completed 2. Discussion - Establishment of a Utility Reserve C. Architectural Review & Planning Board 1. Meeting Dates a. December 22, 2011 @ 8:30 A.M. AGENDA CONTINUED b. January 26, 2012 @ 8:30 A.M. c. February 23, 2012 @ 8:30 A.M. d. March 22, 2012 @ 8:30 A.M. e. April 26, 2012 @ 8:30 A.M. D. Finance Director 1. Financial Report for November 2011 2. Water Usage as of November 30, 2011 E. Police Chief 1. Activity for November 2011 IX. Items for Commission Action. A. NPDES Contract for Services- Mathews Consulting, Inc. B. 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 C O MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON DECEMBER 9, 2011 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Koch called the Meeting to order at 9:00 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by Mayor Koch. III. Roll Call. Present and William F. Koch, Jr. Mayor Participating Joan K. Orthwein Vice -Mayor Muriel J. Anderson Commissioner Fred B. Devitt, III Commissioner W. Garrett Dering Commissioner Also Present and William H. Thrasher Town Manager Participating Rita L. Taylor Town Clerk Garrett J. Ward Police Chief John Randolph Town Attorney Douglas W. Mann of Agent /Goodman Coastal Planning & Engineering Peter Bennett 2522 Avenue Au Soleil Marty Minor of Urban Town Planning Consult. Design Kilday Studios Robert W. Ganger Earl Harvel 1443 N. Ocean Blvd. Harvel Utility Constr. IV. Minutes of the Regular Meeting of November 10, 2011. Commissioner Anderson moved and Vice -Mayor Orthwein seconded to approve the Minutes of the Regular Meeting and Public Hearing of November 10, 2011. There was no discussion. All voted AYE. V. Additions, withdrawals, deferrals, arranaement of aaenda items. Town Manager William Thrasher said Staff would like to add three items to the Agenda under Item IX. Items for Commission Action, as follows: (1) Item IX.C. Agreement with the Supervisor of Elections for Vote Processing Equipment; (2) IX.D. Resolution No. 11 -18, Designating the Canvassing Board; and, (3) IX.E. Ordinance No. 11/7, Fertilizer /Clean Water Act. VI. Announcements. A. Regular Meetings and Public Hearings 1. 2. 3. 4. 5. The Meeting ; time. January 13, 2012 @ 9 A.M. February 10, 2012 @ 9 A.M. March 9, 2012 @ 9 A.M. April 13, 2012 @ 9 A.M. May 11, 2012 @ 9 A.M. Ichedule was noted and there were not conflicts at this Regular Meeting and Public Hearing Town Commission - Friday, December 9, 2011 Page 2 Town Clerk Rita Taylor requested declaration of any Ex -parte communication concerning matters to be heard during the Public Hearing. There were no declarations of ex -parte communication. Clerk Taylor administered the Oath to Douglas Mann, Peter Bennett and Marty Minor. VII. PUBLIC HEARING. A. Applications for Development Approval ^ 1. An application submitted by Douglas W. Mann, P.E. of C Coastal Planning & Engineering, as agent for Barry Goodman, owner of the property located at 3603 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as a portion of Lot 8 of Replat of Lots 8 and 9, Gulf Stream Ocean Tracts and a portion of Lots 7, 8 & 9, Block B Palm Beach Shore Acres, to consider the following: a. SPECIAL EXCEPTION to permit extension of existing tile deck 12' seaward to the leeward foot of the dune and will include placement of beach compatible fill held in place by a retaining wall constructed with railroad ties. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a 648 square foot tile deck extension to the existing deck which will extend 12' seaward to the leeward foot of the dune, placed on beach compatible fill material with a retaining wall of railroad ties. Douglas Mann introduced himself and stated that he was presenting this application on behalf of Mr. and Mrs. Goodman, 3603 N. Ocean Boulevard. Mr. Mann explained that the Goodman property is on the ocean and narrows toward the ocean due to historical redevelopments over time. He displayed drawings of the property showing the existing deck, existing sloping seawall, railroad tie retaining wall and vegetation. Mr. Mann said originally they proposed an extension of the existing deck 12' seaward over the top of the existing sloping seawall which would extend from their existing dune overwalk to the south property line and line up with the adjacent neighbor. They planned to build a retaining wall of railroad ties to be anchored into the existing concrete seawall, the stone on top of the deck would match the existing deck and they will maintain all existing vegetation. He said the sand in front of the beach area is a very thin layer of about 1' to 2' thick which was placed over a rocky limestone bed during earlier construction of a small retaining wall to hold the sand. Mr. Mann displayed a rendering of the O original proposal as it would be viewed from the beach which shows the thick vegetation, the proposed retaining wall to be built behind the vegetation and the deck area. He said the proposed retaining wall and deck area would hardly be visible from the beach view. Mr. Mann stated that Brian Pfeifler, the neighbor to the north of the Goodman property, expressed concerns that the proposed construction would impact his view. He said Mr. Pfeifler does not have much of a view of Mr. Goodman's house from his property, but if he were standing on his concrete deck he could see over to the property. Mr. Mann displayed a photo showing where the two properties meet, the existing Regular Meeting and Public Hearing Town Commission - Friday, December 9, 2011 Page 3 dune overwalk structure on the Goodman property leading from their deck to a sandy area, and existing overgrown vegetation separating the properties providing a fair amount of privacy. He said they discussed the matter with Mr. Pfeifler to address his concerns and the conclusion was to redesign the project. Mr. Mann said he believes all of Mr. Pfeifler's concerns and objections have been satisfied. OMr. Mann explained that they pulled the upper portion of the deck back 4' so it will extend only 8' seaward to a short retaining wall with no railing, it will drop 30" and a planted area will extend an additional 4' seaward to the leeward foot of the dune. He said there will be a set of stairs in the center of the property that will extend down from the upper deck to the lower area and then two steps down to the existing beach. He said this construction will be held in place by a retaining wall constructed with railroad ties. Mr. Mann said this project received a unanimous approval by the ARPB and there have been no further objections by Mr. Pfeifler. Commissioner Devitt asked if any State approvals were required for this project. Mr. Mann said they have submitted an application to the Department of Environmental Protection (DEP) which is sitting idle until the Town completes their approval process of the site plan. He said following approval from the DEP they will submit a building permit to the Town. Mayor Koch asked if Mr. Pfeifler has had any further comments or concerns. Clerk Taylor stated that at the Architectural Review and Planning Board Meeting in November, Mr. Pfeifler announced publicly that he had no further objections. Commissioner Dering moved and Vice -Mayor Orthwein seconded to approve a Special Exception for the extension of the existing tile deck 8' seaward and a second seaward extension of 4' to the leeward foot of the dune that is 30" lower than the 8' extension, each to be held in place by retaining walls constructed with railroad ties, along with wooden steps from the deck to the beach that will be placed in the center of the property. This approval is based on a finding that the decks, retaining systems and steps meet the minimum intent of the Design Manual and applicable review standards which includes Code Section 66 -164. There was no discussion. Roll Call: Vice -Mayor Orthwein, AYE; Commissioner Devitt, AYE; Commissioner Anderson, AYE; Commissioner Dering, AYE; Mayor Koch, AYE. The motion passed 5 - 0. Commissioner Devitt moved and Vice -Mayor Orthwein seconded to approve the Level III Architectural /Site Plan to extend the existing tile deck 8' seaward and a second seaward extension of 4' to the leeward foot of the dune that is 30" lower than the 8' extension, each to be held in place by retaining walls constructed with railroad ties, along with wooden steps from the deck to the beach that will be placed in the center of the property. This approval is based on a finding that the decks, retaining systems and steps meet the minimum intent of the Design Manual and applicable review standards which includes Code Section 66- 164. There was no discussion. Roll Call: Vice -Mayor Orthwein, AYE; Regular Meeting and Public Hearing Town Commission - Friday, December 9, 2011 Page 4 Commissioner Devitt, AYE; Commissioner Anderson, AYE; Commissioner Dering, AYE; Mayor Koch, AYE. The motion passed 5 - 0. B. Appeal Final Action of Planning & Bldg. Administrator 1. 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: O a. 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. Peter Bennett of 2522 Avenue Au Soleil introduced himself and stated that he is a licensed Home Inspector, Mold Inspector and Wind Mitigation Inspector. He showed photos of his Bermuda Style home which he would like to reroof with a flat white, slurry- coated tile, but this product is prohibited by the Town. Mr. Bennett showed another photo of his neighbor's home with a flat white, slurry- coated roof tile and stated that this product has been used elsewhere in Place Au Soleil and other areas in Gulf Stream, including the Gulf Stream Bath & Tennis Club. He said Town Code only addresses residential areas and states that flat white, untextured tile is preferred and, therefore, this product meets all regulations of the Town Code. Mr. Bennett displayed a gray roof tile with a very prominent texture and he displayed the slurry- coated roof tile which has a smooth finish. He explained that the coating is applied at the factory and bonded with a wet process adhesion. Commissioner Devitt asked if the slurry- coated tile requires less maintenance than the flat white cement tile. Mr. Bennett said you can see molded and mildewed roof tile throughout the Town of Gulf Stream, but the slurry- coated tile is mold and mildew mitigated and it is a low maintenance product. He said other products, such as flat white cement roof tile without a coating, will pit when pressure- washed over 1500 PSI. Mr. Bennett said the slurry- coated tile has an Energy Star Rating and FP &L will give a rebate to residents who have a slurry- coated roof tile and R -19 installation in their attic. He said he had six quotes for his reroof and all recommended the slurry- coated tile because it lasts longer and is low maintenance. Mr. Bennett said he has obtained the signatures of his neighbors who approved the use of the product. He said there are three major roof tile manufacturers, one of which has stopped producing non - coated tile and the other two will discontinue non - coated tile because the demand is O low and the slurry- coated tile is so successful. Mr. Mann added that most manufacturers no longer make barrel tile. Commissioner Dering asked Mr. Bennett if his reroof was an immediate issue and Mr. Bennett said it was. Commissioner Devitt said it looks like a typical white tile with a coating and asked if the product would ever require recoating. Mr. Bennett said there is a special caulk substance to repair the tile. Commissioner Devitt asked how long the product has been on the market and Mr. Bennett said about 10 years. Mayor Koch asked about the difference in cost and Mr. Bennett said a non - slurry- coated tile is now a special order and costs about 18% more. Regular Meeting and Public Hearing Town Commission - Friday, December 9, 2011 Page 5 Commissioner Anderson asked if the Code would have to be changed is they were to allow Mr. Bennett to use the product. Mr. Randolph stated that the Town's Administrative Official interpreted the Code and made the decision that the Code prohibited the use of the slurry- coated tile. He said the Commission should hear from Mr. Thrasher as to how he came to his decision, decide whether or not you agree with the Administrative Decision, and then determine whether or not a Code change is necessary. O Commissioner Devitt said this is a decision normally made at the administrative level and both Commissioners Devitt and Dering asked why this matter bypassed the ARPB and came directly to the Commission. Mr. Randolph said this procedure is dictated by Code. Mr. Bennett said he brought the matter to the attention of the ARPB at their November Meeting during public comments and he was interrupted by Mr. Randolph who informed him that he needed to come before the Commission. Mr. Randolph asked Clerk Taylor how that came about. Clerk Taylor explained that Mr. Bennett came to Town Hall and she informed him that it would be an Administrative Appeal before the Commission and gave him the appropriate forms. She said someone other than Staff apparently told Mr. Bennett that he should go before the ARPB. Vice -Mayor Orthwein asked to hear from Mr. Thrasher at this time. Mr. Thrasher said he spoke with Mr. Bennett and told him that, in his opinion, this would be a variance and he would have to apply for a variance. He said Mr. Bennett asked if there was any other way to approach the matter and he informed Mr. Bennett that he could appeal his Administrative Decision. Mr. Thrasher displayed a sample of the tile that he has been instructed to approve by earlier conversations and direction of the ARPB. He said it is a flat white cement tile through and through which is the true character of the Bermuda Style. Vice - Mayor Orthwein asked if coating was ever discussed. Mr. Thrasher said it was discussed in an ARPB meeting where the decision was made to not approve a coating. Mr. Thrasher deferred to Mr. Minor for an opinion as to whether this conforms to Code. Mr. Minor said that the Town of Gulf Stream has one of the most specific codes as it relates to architectural style and non - textured flat tile is the type that was codified. He said the slurry coating is not consistent with Code. Mr. Randolph read Code Section 70 -238. Roofs. (a) Required. It says white flat untextured tile, except that gray slate or slate -style tile may be permitted on homes that are predominately O Georgian or British Colonial with Bermuda influences subject to Level II approval. Section 70 -238. Roofs. (d) prohibits Tiles other than white flat untextured tiles or gray slate tiles. Mr. Randolph said the Commission must determine whether the proposed tile meets the wording of the Code. Mr. Thrasher said he was asked to make decisions for Place Au Soleil as he would for the rest of Gulf Stream and he has done that. He said he always requests a tile sample when a roof application is submitted and, although the slurry- coated tile may appear in the Town, it does not mean it was approved. Mr. Thrasher said he would like more research on this product material before the Code is changed and would ask that experts appear before the Commission to discuss this product. Regular Meeting and Public Hearing Town Commission - Friday, December 9, 2011 Page 6 He said there is a list of items that are up for review, such as grottos and entry feature heights and this item should be added to the list. Mr. Randolph said the Commission should act as the judge and consider the wording of the Code. He said if the Commission rules in favor of the applicant, he can go forward and, in the event the Code does not change in favor of the slurry- coating, his roof will be grandfathered in. Commissioner Dering moved and Vice -Mayor Orthwein seconded to overrule the Administrative Decision based on the reading of Code Section 70 -238 which does not prohibit the slurry- coated tile. Mr. Randolph said the Commission has heard enough testimony today to declare Zoning in Progress and no other permits for this product will be authorized until the Code has been changed. There was no further discussion. All voted AYE. Commissioner Devitt moved and Commissioner Anderson seconded to amend the motion to declare Zoning in Progress as to roof texture and roof coatings. There was no further discussion. All voted AYE. Mr. Thrasher asked for clarification as to which tile he is authorized to approve until Zoning in Progress is finalized. Mr. Randolph said it would be the untextured flat white cement tile through and through as stated in Code Section 70 -238. VIII. Reports. A. Proposed Amendments -Marty Minor, Urban Design Kilday 1. Comprehensive Plan 2. Zoning Code Marty Minor of Urban Design Kilday Studios introduced himself and stated that the Commissioners have before them the recommended amendments to the Comp Plan and he asked the Commissioners for their recommendations. He said the proposed revisions address the inclusion of the recently - annexed 16.6 acres and changes to the State Code. Mr. Minor explained that the annexed area is proposed to have its Future Land Use Plan designation revised from the Palm Beach County designation of HR -12 (High Residential -12) to the Town of Gulf Stream designation of MF (Multi - Family). In addition, he said the Town is proposing to rezone the 16.6 acres from its current designation as Palm Beach county RM (Multiple Family Residential - Medium Density) to the Town of Gulf Stream category of RM (Multiple Family Residential District). Mr. Minor said the zoning changes cannot be done until the Comp Plan has been amended. Mayor Koch mentioned that the 4001 N. Ocean will eventually petition to build on their property west of AlA and asked Mr. Minor what they would be allowed to build on that property. Mr. Minor said they will be under the Town's current zoning regulations of five (5) units to an acre; however, it is questionable if they can meet the other Code requirements to build 5 units. Mr. Thrasher said the Town has declared Zoning in Progress and, therefore, no major development can take place until it is finalized. Regular Meeting and Publi Town Commission - Friday, Vice -Mayor Orthwein moved forward with the proposed Zoning Code in the manner AYE. Hearing December 9, 2011 Page 7 and Commissioner Anderson seconded to move amendments to the Comprehensive Plan and proposed. There was no discussion. All voted Mr. Minor said the next step is to bring the Comp Plan amendments to the Town Commission at their next meeting, whose dual role is the Local Planning Agency (LPA), get the advertising in order and then the Zoning O Code will go to the ARPB. Rita noted that the Comp Plan amendments are highlighted in orange and the Zoning is highlighted in blue. B. Town Manager 1. Undergrounding -Loan Validation Completed Mr. Thrasher said the status of the underground project has not changed much since his last report. He said the Loan Validation Hearing took place, there were no objections and it was successful. 2. Discussion - Establishment of a Utility Reserve Mr. Thrasher stated that at their last meeting a Commissioner requested that this item remain on their Meeting Agenda until it is resolved. Mr. Thrasher said the Coalition made a presentation at the last Commission Meeting and he stated at that time that a 12% increase in water rates would be necessary to accommodate the amount of reserves necessary. He said the Commission should also discuss other options to establish a reserve. Commissioner Dering suggested that Staff begin to research other options and come back to the Commission with their recommendations. Mr. Thrasher said there is $2 million dollars in assets in the ground, there are no reserve funds and he believes it would take a 12% increase in water rates to accomplish a goal of $67,000 a year toward a reserve fund. He said any increase in water rates from the City of Delray Beach would be added to that increase. Mr. Thrasher said the Town has used Harvel Utility Construction for maintenance and repair for years and, in an effort to save money, Brian Dietrick, the Town's Maintenance Manager, has been trailed to perform some of those tasks. He said there are three options the Commission can consider: (1) Do nothing and not establish a reserve; (2) increase water rates by 12% to begin to establish a reserve; or, (3) take on maintenance and repair in- house. Commissioner Dering said he did not know enough about the issue to make a decision. He said he would like to know the facts, what needs to be repaired or replaced, how much it will cost and he would like recommended solutions in writing. Vice -Mayor Orthwein said the Commission needs to decide whether to establish a reserve and let water pay for itself or to continue paying for utility maintenance and repair out of the General Fund. Commissioner Devitt said the general consensus is whether utilities should be self- supporting and how much of an increase is necessary to build a reserve. Mr. Thrasher said he thought the Commission would discuss this in more detail and have some ideas. Vice -Mayor Orthwein acknowledged Earl Harvel of Harvel Utility Construction and asked if he would participate in the discussion and give a brief history. Regular Meeting and Public Hearing Town Commission - Friday, December 9, 2011 Page B Mr. Harvel introduced himself and stated that the majority of the water lines in the Town date back to the 1950's and they are made of different materials. He said the lines along AlA were failing and he advised the Town to look into replacing them and it was done. Mr. Harvel said the system is tight right now and loss is low, but it is an old system of galvanized pipe and there are some areas that are less tight than O others. He said the cost for one meter is $150.00, meters last about 10 years and there are some that are older than that. The problem is that sometimes an old pipe can turn a simple meter replacement into a major repair. Mr. Harvel said the current system will give the Town several more years, but now is the time to give thought to future repair and replacement. He said the Place Au Soleil is in great shape and does not have any issues, but the Town is on a grid system and, although the line to the North meets all requirements, it is not in the best condition. Mr. Harvel recommended building a reserve and said utilities should not have to borrow from the General Fund except in the event of catastrophic conditions. Vice -Mayor Orthwein asked Mr. Harvel if it is best to replace the system at once or over time. Mr. Harvel said it is more cost effective to upgrade in sections. Commissioner Devitt said that Mr. Thrasher's third option implies that the Town could save money without raising rates. Mr. Thrasher said it is possible, but he does not know enough about it and it should be an open discussion. Commissioner Anderson said many municipalities outsource and say it is less expensive than being self - sufficient. Mr. Harvel said that even municipalities with massive crews must hire outside help and that they cannot be self- sufficient without spending millions. He said the equipment alone is a vast expense and he has the equipment, knowledge, trained personnel and he knows the history of the Town. Commissioner Devitt said the Town feels that Earl Harvel has always been a part of the team and Vice -Mayor Orthwein added that he knows everything about the Town. Vice -Mayor Orthwein recommended, and it was the consensus of the Commissioners, that they consider building a water reserve fund and she requested that Staff get the numbers together for consideration. C. Architectural Review & Planning Board 1. Meeting Dates a. December 22, 2011 @ 8:30 A.M. b. January 26, 2012 @ 8:30 A.M. c. February 23, 2012 @ 8:30 A.M. d. March 22, 2012 @ 8:30 A.M. e. April 26, 2012 @ 8:30 A.M. The Meeting Schedule for the Architectural Review & Planning Board was noted. D. Finance Director 1. Financial Report for November 2011 Mr. Thrasher requested that the Financial Report for November 2011 be approved as submitted. Vice -Mayor Orthwein moved and Commissioner Anderson seconded to approve the Financial Report for November 2011. There was no discussion. All voted AYE. 2. Water Usage as of November 30, 2011 Regular Meeting and Public Hearing Town Commission - Friday, December 9, 2011 Page 9 The Water Usage Report as of November 30, 2011 was noted. E. Police Chief 1. Activity for November 2011 Chief Ward requested that the Activity Report for November 2011 be accepted as submitted. The Commission accepted the Report. IX. Items for Commission Action. 0 A. NPDES Contract for Services - Mathews Consulting, Inc. Clerk Taylor explained that this Contract for Services is a continuation of service. She said Mathews Consulting, Inc. has represented the Town for 20 years and it is time to renew. Clerk Taylor pointed out that a "do not exceed $9,762 in one year" clause is included. Mr. Thrasher stated that his recommendation is to approve the contract. Commissioner Anderson moved and Commissioner Devitt seconded to approve the NPDES Contract for Services with Mathews Consulting, Inc. There was no discussion. All voted AYE. B. Items by Mayor & Commissioners Mayor Koch stated that the White Fly issue is of great concern and asked for suggestions as to what can be done. He said this problem has been approached in the Town of Palm Beach and he asked Mr. Randolph if he would explain their situation. Mr. Randolph explained that the Town of Palm Beach declared the situation an emergency and held a public workshop. He said their Town Council asked him to prepare an ordinance, but he determined that it would be difficult to mandate property owners to treat their vegetation with chemicals. He said he recommended amending their Nuisance Ordinance with White Fly as a nuisance for which a property owner could be cited and brought before their Code Enforcement Board. Mr. Randolph said there will be more discussion on this matter and their Town Council may not agree with his recommendations. Commissioner Anderson excused herself from the meeting at 10:45 A.M. Commissioner Devitt commented that experts claim White Fly will kill the vegetation. Mr. Randolph said it may not kill the vegetation, but it will make it less resistant to weather and other pests. He said Entomologists claim that the best way to help eliminate them over time is to release other pests. Mr. Randolph said the Town of Palm Beach has formed a committee to educate homeowners and there are homeowners who choose to treat the problem naturally rather than with chemicals. He O said White Fly is attracted to Ficus and the Town of Palm Beach does not allow ficus to be replanted or planted on any property that is under construction or being redeveloped. Mayor Koch said he would like to advise the community of their options and he asked that Staff examine the Code and include this matter on the next Agenda. Mr. Ganger said that when the town has a policy in place, the Civic Association will work with the Town to educate residents. C. Agreement for Vote Processing Equipment Use and Election Services with the Supervisor of Elections Clerk Taylor explained that the Town must adopt an agreement similar to last year. She said the estimated cost of just a municipal election is Regular Meeting and Public Hearing Town Commission - Friday, December 9, 2011 Page 10 $3,400, which is not much different that the previous year. Vice -Mayor Orthwein moved and Commissioner Dering seconded to approve the Agreement for Vote Processing Equipment Use and Election Services with the Supervisor of Elections. There was no discussion. Roll Call: Vice - Mayor Orthwein, AYE; Commissioner Devitt, AYE; Commissioner Dering, AYE; Mayor Koch, AYE. The motion passed 4 - 0. Commissioner Devitt excused himself from the meeting at 10:50 A.M. D. Resolution No. 11 -18 Designation of Canvassing Board Clerk Taylor read the title of Resolution No. 11 -18 being presented for adoption on this 9th day of December, 2011. Vice -Mayor Orthwein moved and Commissioner Dering seconded to approve Resolution No. 11 -18. Roll Call: Vice -Mayor Orthwein, AYE; Commissioner Dering, AYE; Mayor Koch, AYE. The motion passed 3 - 0. E. Ordinance No. 11/17 Fertilizer Limitations /Clean Water Act Clerk Taylor read the title of Ordinance No. 11/17 being presented for lst reading this 9th day of December, 2011. Vice -Mayor Orthwein moved and Commissioner Dering seconded to pass Ordinance No. 11/17 on first reading. There was no discussion. Roll Call: Vice -Mayor Orthwein, AYE; Commissioner Dering, AYE; Mayor Koch, AYE. The motion passed 3 - 0. X. Public. Mayor Koch mentioned that he has received a letter from Palm Beach County Commissioner Abrams in response to his letter requesting reimbursement of costs for fire protection in the annexed area. He said it seems there is no chance of recovering that money. Mr. Thrasher said the options are that the Town can appear before the County Commission or the Town can take the matter to court to argue their case. He said there is the chance that the Town would be unsuccessful either way. Commissioner Dering asked how much money was involved and Mr. Thrasher said it was around $20,000 for fire services. Mr. Randolph explained that the County budgeted for the year and most likely cannot refund the money to the Town for that service. XI. Adjournment. Commissioner Dering moved and Vice -Mayor Orthwein seconded to adjourn the meeting. Mayor Koch adjourned the meeting at approximately 11:00 A.M. Gail C. Abbale Administrative Assistant NOTICE OF PUBLIC HEARING TRANSMITTAL OF THE PROPOSED AMENDMENTS TO THE TOWN OF GULF STREAM COMPREHENSIVE PLAN NOTICE IS HEREBY GIVEN that the Gulf Stream Town Commission, in its dual role as Local Planning Agency (LPA), will hold a Public Hearing to consider adoption of Comprehensive Plan Amendments to the Town of Gulf Stream Comprehensive Plan for transmittal to the state land planning agency for Its review of sufficiency pursuant to the requirements of Chapter 163.3184, Florida Statutes. The hearing will be held on January 13, 2012 at 9:00 A.M., or as soon thereafter as possible, at the Gulf Stream Town Hall, 100 Sea Road, Gulf Stream, Florida. At this hearing, the LPA will hear all evidence in support of or in opposition to the proposed amendment ORDINANCE NO. 12/1 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING THE TOWN'S FUTURE LAND USE MAP DESIGNATING 16.6 ACRES, MORE OR LESS, IN SIZE AS "MF (MULTI- FAMILY)" AS A RESULT OF AN ANNEXATION; SUCH PROPERTY IS LOCATED GENERALLY EAST AND WEST OF STATE ROAD A1A, SOUTH OF LITTLE CLUB ROAD AND NORTH OF SEA ROAD; AMENDING THE TOWN OF GULF STREAM COMPREHENSIVE PLAN TO REFLECT THE ANNEXATION AND REVISIONS TO STATE GROWTH MANAGEMENT REGULATIONS AS SET FORTH HEREIN AND ATTACHED HERETO; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREOF; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. mmrrmmrmmms� was y uma. j NNmCPm O Twnatll� I r All interested persons are encouraged to attend and be heard. The proposed Comprehensive Plan Amendments may be viewed by the public at the Gulf Stream Town Hall at 100 Sea Road, Gulf Stream, Florida between the hours of 9:00 a.m. and 4:00 p.m. weekdays. APPEAL: NECESSITY OF RECORD Notice is given that if any person desires to appeal any action taken by the Commission at the above hearing, a verbatim record of the proceeding may be necessary. The Commission assumes no responsibility for furnishing said record, however, the hearings will be audio recorded by the Commission fof public use. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting, because of disability or impairment, should contact the Town Clerk, 561- 276 -5116 at least five (5) days prior to the hearing In order for the Town to reasonably accommodate your request. 1 HE PALM 13EAC FPU T — 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 Ordinance 12/1 was published in said newspaper in the issues of January 3 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. Sworn to and subscribed before 3'a day of January, A.D. 2012. Who is personally known to me. (X� 1, -0� NOTARY POBIJCSTATE OF FLORIDA �� Karen K McUnton ;Commissioa #DD832672 „r° Expires: NOV.15; 2012 HDHII'P.D1HR0 ATI,AMIC ISONDII/G CD. nm NO.6435867R NOTICE OF PUBLIC HEARING TRANSMITTAL OF THE PROPOSED AMENDMENTS TO THE TOWN OF GULF STREAM COMPREHENSIVE PLAN NOTICE IS HEREBY GIVEN that the Gulf Stream Town Commission, in its dual role as Local Planning Agency (1-PA), ,;'It hold Public Hearing to consider adoption of Comprehensive F 'ments to the Town of Gulf Stream Comprehensive Plan fc. .msn. . to the. state land planning agency for its review of sufficiency pursuant to the requirements of Chapter 163.3184, Florida Statutes. The hearing will be held on January 13, 2012 at 9:00 A.M., or as soon thereafter as possible, at the Gulf Stream Town Hall 100 Sea Road, Gulf Stream, Florida. At this hearing, the LPA will hear all evidence in support of or in opposition to the proposed amendment ORDINANCE NO. 12/1 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING THE TOWN'S FUTURE LAND USE MAP DESIGNATING 16.6 ACRES, MORE OR LESS, IN SIZE AS "MF (MULTI - FAMILYI" AS A RESULT OF AN ANNEXATION; SUCH PROPERTY IS LOCATED GENERALLY EAST AND WEST OF STATE ROAD AIA, SOUTH OF LITTLE CLUB ROAD AND NORTH OF SEA ROAD; AMENDING THE TOWN OF GULF STREAM COMPREHENSIVE PLAN TO REFLECT THE ANNEXATION AND REVISIONS TO STATE GROWTH MANAGEMENT REGULATIONS AS SET FORTH HEREIN AND ATTACHED HERETO; PROVIDING FOR CFVFDARIIITV• DFDFAt1NG ALL ORDINANCES OR AND All interested persons are encouraged to attend and be heard. The proposed Comprehensive Plan Amendments may be viewed by the public at the Gulf Stream Town Hall at 100 Sea Road, Gulf Stream, Florida between the hours of 9:00 a.m. and 4:00 p.m. weekdays. APPEAL: NECESSITY OF RECORD Notice is given that if any person desires to appeal any action taken by the Commission at the above hearing, a verbatim record of the proceeding may be necessary. The Commission assumes no responsibility for famishing said record, however, the hearings will be audio recorded by the Commission for public use. Pursuant to the Provisions of the Americans with Disabilities Act, any person regainng special accommodations to participate in this meelmg because og disability or impairment, should contact the Town Clerk, 561- 276 -5116 at least five (5) days prior to the hearing in order for the Town to reasonably accommodate your request. PUB: The Palm Beach Post, January 3, 2012