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HomeMy Public PortalAbout01/16/2014N CHAIRMAN: COMMITTEE MEMBER: William Boardman David Bodker Richard Mouw Patricia Randolph Benjamin Schreier January 13, 2014 REGULAR MEETING BEING HELD BY THE AD HOC COMMITTEE OF THE TOWN OF GULF STREAM, FLORIDA ON THURSDAY, JANUARY 16, 2014 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. +s., I. Call to Order. II. Roll Call. A. Swearing in of Members III. Briefing from Attorney Randolph. IV. Instructions /Comments from Chairman Boardman. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Meeting Dates to be decided VII. Communication from the Public (3 min. maximum) VIII. Items by Staff. IX. Items by Committee Members. X. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE AD HOC COMMITTEE 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. 286.0105, F.S.S. N MINUTES OF THE ORGANIZATIONAL MEETING HELD BY THE AD HOC COMMITTEE OF THE TOWN OF GULF STREAM, FLORIDA, ON THURSDAY, JANUARY 16, 2014, AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA I. Call to Order: Chairman Boardman called the meeting to order at 9:06 A.M. II. Roll Call: Present and William Boardman Chairman Participating David Bodker Committee Member Richard Mouw Committee Member Patricia Randolph Committee Member Benjamin Schreier Committee Member Also Present and William H. Thrasher Town Manager Participating Rita L. Taylor Town Clerk John C. Randolph Town Counsel A. Swearing in of Members Chairman Boardman stated he would defer swearing in of the members of this new Ad Hoc Committee. He continued that this Ad Hoc Committee is a different kind of body to take suggestions and to look into possible changes with the Design Manual. He reported that the Committee will be in total compliance with the law. Chairman Boardman also stated that we have to know what we are and what we need to do. OIII. Briefing from Attorney Randolph: Town Counsel Randolph stated that this Ad Hoc Committee is similar to a Citizens' Advisory Committee. He reported on the members' Financial Disclosure Statements stating that these Statements are rather innocuous, and that he will check further to see if they are a requirement for participation on this committee. Town Counsel Randolph also stated that the Sunshine Law is very easy to follow, e.g. two (2) or more members from a committee may not communicate or speak with each other outside of a public meeting regarding the business of the committee. He continued that if this law is violated, any action the member has taken, can be thrown out. Town Counsel Randolph commented that the Ad Hoc Meetings have to be posted, press invited, and minutes have to be taken according to the law. He admitted the adhering to the Sunshine Law can been difficult in a small town when visiting with neighbors. Town Counsel Randolph described an Ad Hoc case in the Town of Palm Beach that was conceived in the "dark ", not in the sunshine, and the Florida Supreme Court did not have it ratified. He continued that you can discuss an issue with him, Town Hall Staff, members of the public, Town Commissioners, or Town's ARPB Staff one to one. Town Counsel Randolph also stated he cannot poll outside a Public Meeting what their opinions were and neither can any Commissioner. He repeated that all business should be done at the meetings. IV. Instructions /Comments from Chairman Boardman: Chairman Boardman repeated that no oath will be taken at this meeting. He also stated punctuality would be appreciated, and that the meetings should last only 1 1/2 hours. Chairman Boardman reported that there is probably not an obligation for the public to speak and invite various persons to come to the meeting to make their recommendations. He discussed the scope of the committee referring to the book of zoning laws and the Design Manual. Chairman Boardman referred to the four (4) times that the Manual has been reviewed since Ad Hoc Meeting O Town of Gulf Stream January 16, 2014 — Page 2 1995 when it was adopted. He explained that the Committee was not engaged to go through the manual page by page. Chairman Boardman continued that their job was to make a reasonable effort to surface any areas that separation for change is necessary. He referred to the handout distributed by Town Clerk Taylor that included a suggestion by ARPB Chairman Scott Morgan, and stated that they will address other suggestions also. Chairman Boardman announced that there was a political environment with regard with what the committee will be addressing, referring to the issue of last summer. He suggested having a brief invitation written to the Town's residents asking them to surface issues or comments also. Town Clerk Taylor distributed a copy of the letter Chairman Boardman requested to be sent out. Town Counsel Randolph inquired if a list would be going out with the letter. Chairman Boardman responded "No ". Town Counsel Randolph stated that the letter should state that the Town's residents have the opportunity to give their recommendations, as opposed to adding to a list. OChairman Boardman suggested that the residents help develop a list. He also stated that the letter should also list the Ad Hoc Committee Members. Chairman Boardman commented that Agenda Item V. is a standard item, and makes a lot of sense on an Agenda, due to the flexibility and moving around the Agenda topics, at a regular Committee Meeting. V. Additions, Withdrawals, Deferrals. Arrangement of Agenda Items: There were none at this Organizational Meeting. VI. Announcements: A. Meeting Dates to be decided. Chairman Boardman reported that the Committee should meet once every two (2) weeks to deal with the issues properly, and to keep the momentum going. He continued that the Committee's work should be completed by April 2014. Chairman Boardman suggested starting the meetings at 8:00 A.M., and lasting no longer than two (2) hours in length. After much discussion, it was agreed that the meetings will be held on Thursday, February 13', Friday, February 28'h, Wednesday, March 12`h, Wednesday, March 26'h, Wednesday, April 9`h, and Wednesday, April 23. VII. COMMUNICATION FROM THE PUBLIC (3 MIN. MAXIMUM There were none. 3 Ad Hoc Meeting Town of Gulf Stream OJanuary 16, 2014 — Page 3 VIII. ITEMS BY STAFF: Town Clerk Taylor stated that each Committee Member has to participate in the ethics training by Pahn Beach County. She continued that either a representative can come to Town Hall and make their presentation or each member can watch the one (1) hour program on the Internet, on their own time. Town Clerk Taylor stated that after watching the presentation on the Internet, each member signs and dates the form and returns it to the Town, where it stays. She recommended the members going on the PBC Ethics Training Website for further directions. Town Clerk Taylor also distributed the Sunshine Law booklets. Chairman Boardman suggested all members doing it by themselves via the Internet which everyone agreed to, rather than having a representative from Palm Beach County come in person. Town Manager Thrasher inquired regarding who would be distributing the afore - mentioned letter going out to residents. Chairman Boardman stated that it should go out on the regular Town's contact mailing list with the names of the Ad Hoc Committee Members on the bottom of the letter. Town Manager Thrasher reported that the Town has been challenged with many public records requests. OHe discussed in detail the issues involved with public records requests. Town Manager Thrasher stated that any entails or documents sent or received that deal with public information from a committee member, may be requested and a copy must be distributed to them which has caused difficulty with the Commissioners and ARPB Members in the past. He stated that all Ad Hoc Committee Members have an email set up already through the Town's computer server, and that they should utilize it when communicating regarding any Town business to avoid any further issues. Town Counsel Randolph also discussed how public records are in the same realm as the Sunshine Law. He suggested that the Ad Hoc Committee not use their personal computer with anything involving the committee. Town Manager Thrasher added that email is the easiest mode of communication, and reminded Committee Members that the Office Staff can only retrieve members' emails addressed to the individual Staff. Town Counsel Randolph strongly recommended again the members not to use their personal computer for any Town Hall communication. He continued that if they do happen to use their own personal computer by mistake, they should immediately forward the information to the Town, and then the Town would have it on their record, and would then take care of responding to it. Chairman Boardman asked if he could email Committee Member Randolph through the Town's server using her Town's email address and was told immediately "No ". Ad Hoc Meeting Town of Gulf Stream OJanuary 16, 2014— Page 4 Town Manager Thrasher gave directions on how to get into the Town's website and mail server. He also stated he would like to meet with each member individually at the close of this meeting to provide them their Town's personal email address. He also described how the members could retrieve emails from their IPhone. Town Manager Thrasher reassured all members that if they had any questions or issues regarding their new email address, they should contact him, and he will assist them or have the Town's computer technician help them. Committee Member Mouw inquired if Meeting Agendas would be emailed. Town Manager Thrasher responded that the Meeting Agendas will be emailed. He explained the other Town Board Members have them hand - delivered, as they are residents in the Town. Town Manager Thrasher described and referred to the "nasty" unorganized handout list dated May 16, 2013. He stated that there are seventeen (17) items mentioned since the last rendition of the Code. Town Manager Thrasher continued that he included comments of the landscape code, priority items of litigation and legal complaints against the Town, with regard to colors, roofs, metal roofs, and the architecture style that would be appropriate for the metal roofs which has been prohibited in the past. He also commented that he would consider giving priority to ARPB Chairman Scott Morgan's suggestion on Page 13, #3. OChairman Boardman interjected staring that he would review all these priorities with Town Manager Thrasher and Town Clerk Taylor prior to the next meeting. Town Manager Thrasher referred to the signs code, e.g. "For Sale" signs in the right of way on AlA. Town Counsel Randolph suggested not addressing the "sign" issue at this time, as that was an enforcement issue. Chairman Boardman reported that the letter should be available to be sent out as soon as possible, and inquired how the residents could reply to it. Town Manager Thrasher responded by the Town's Ad Hoc email address or regular mail and no telephone calls. Committee Member Randolph stated all comments must be in writing which will preclude any conversation on the street regarding that issue. Town Clerk Taylor reminded all members once they receive their Town email address to fill out the blank sheet that was distributed earlier at the meeting and return it to her. Town Manager Thrasher stated that their passwords be kept very confidential. Ad Hoc Meeting Town of Gulf Stream January 16, 2014 — Page 5 G IX. ITEMS BY COMMITTEE MEMBERS: Chairman Boardman stated that the Ad Hoc Committee will also look into processes. He continued that there are community concerns expressed regarding the flexibility of granting waivers vs. variances. Town Counsel Randolph commented that variances show a special criteria, and is very difficult to get. He continued that there are other ways to approach that issue. Town Counsel Randolph stated it would be wise to discuss that also. Chairman Boardman addressed the code section on the Town's restricted activities during certain periods of time, and stated that will be looked into. Committee Member Mouw stated that his community, Village of Golf, is too restrictive, and he was very interested in that topic. Committee Member Bodker inquired regarding the extent of rewriting the design guidelines stating that the landscape codes are pretty subjective. OTown Manager Thrasher agreed. Town Counsel Randolph commented that he is interested to learn from persons who work with a Design Manual, if they like it, compared to general criteria. He continued that architects like the manual because they know what can and cannot be done. Town Counsel Randolph further stated that other communities do not like a manual because of the "cookie cutter" effect. Committee Member Bodker stated he loves working with a manual, and feels that it would give more "teeth" to the Board on landscaping. Town Manager Thrasher reported that Martin Minor has given details on landscaping which is listed on the handout. Town Clerk Taylor stated Mr. Minor will lend a hand to the Ad Hoc Committee, and will do a little drafting. Town Manager Thrasher reported that the final decisions of the Ad Hoc Committee will go before the ARPB and then the Commissioners. Town Clerk Taylor stated that Town Counsel Randolph should implement the procedure. Town Counsel Randolph reported that Mr. Minor should put the Committees' recommendations in written forth, and then it should be sent to the ARPB and then the Commission. He continued it should then be Ad Hoc Meeting Tawn of Gulf Stream January 16, 2014 — Page 6 presented in an Ordinance, if approved. Town Counsel Randolph further commented that Mr. Minor should draft the list for the code, and then eventually for an Ordinance. Committee Member Schreier commented that the Town has been very knowledgeable with meeting and assisting with code's guidelines and that process has worked very well. He reported that the Town of Gulf Stream has made a great effort to guide professionals. Committee Member Schreier also suggested that they should not become overly restrictive in the abilities of creativity. Town Counsel Randolph stated those comments were interesting. He also referred to the flexibility on waivers in creativity mentioned earlier in the meeting. Chairman Boardman reported that in due course yesterday's suggestions become tomorrow's design changes. Committee Member Schreier stated that the public is very frustrated on what's being presented to the Board in that they are unable to view the exhibits. Town Manager Thrasher explained that the presentations can now be shown on a PDF program in Town Hall, at an optimal location in Town Chambers. Committee Member Schreier reported that there will be a speaker, Elizabeth Plater - Zyberk, on urban issues and planning at the Delray Old School, on February 24`' from 6 — 8 p.m. He encouraged everyone to attend, they have an interest in these matters. X. ADJOURNMENT: Chairman Boardman adjourned the meeting at 10:20 A.M. Sandra Fein Recording Secretary IN