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HomeMy Public PortalAbout05 11 18 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN CCOMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MAY 11, 2018 AT 9:00 A.M. IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Morgan called the meeting to order at 9:00 A.M. II. Pledge of Allegiance. The Mayor led the Pledge of Allegiance. III. Roll Call. Present & Scott W. Morgan Mayor Participating: Paul Lyons, Jr. Commissioner Joan K. Orthwein Commissioner Donna S. White Commissioner Also Present & Gregory Dunham Town Manager Participating: Trey Nazzaro Staff Attorney Edward Allen Police Chief Rita Taylor Town Clerk Absent with Thomas W. Stanley Vice Mayor Notice: John Randolph Town Attorney .IV. Minutes. O A. Regular Meeting of April 13, 2018. Commissioner Lyons called attention to an error in the amount reported as reserve funds in the Enterprise Fund, advising it should read $1,000,814.81. Commissioner Orthwein moved to approve the minutes with the correction and Commissioner White seconded the motion with all voting AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes to the agenda. VI. Announcements. A. Regular Meetings and Public Hearings 1. June 8, 2018 at 9:00 A.M. 2. July 13, 2018 at 9:00 A.M. 3. August 10, 2018 at 9:00 A.M. 4. September 14, 2018 at 9:00 A.M. 5. October 12, 2018 at 9:00 A.M. 6. November 9, 2018 at 9:00 A.M. VII. Communication from the Public (3 min. maximum) There were no communications from the public. VIII. PUBLIC HEARING There was no ex -parte communications declared and the Town Clerk administered the Oath to Carlos Linares and Mark Jacobson. 11 Minutes of Town Commission Regular Meeting s Public Hearing held May 11, 2018 at 9:00 A.M. OA. Applications for Development Approval Commissioner Lyons stated for the record that he will not be speaking or voting in relation to the Thomas application as this property is located next door to his property. 1. An application submitted by Carlos Linares of Randall Stofft Archit., as agent for Patrick Thomas, owner of property located at 2943 Polo Drive, Gulf Stream, Florida �lJ 33483, legally described as Lot 13, replat of Part of Gulf Stream Properties, according to the map of plat thereof as recorded in Plat Book 18, Page 98, Public Records of Palm Beach County, Florida. Mr. Linares explained that the existing property is a single story home with no garage and a non -conforming north wall that extends into the setback. He said that they would like to add a 2 car garage but found that would not be possible without a variance so they are asking for a Special Exception to extend that non -conforming wall 6' to accommodate a one car garage. In addition they are planning to add a second story containing 2 bedrooms and a master bedroom with a balcony, a covered front entry and a covered unenclosed outdoor living area. Mr Linares commented that they are not asking for any discouraged items. a. Land Clearing Permit to clear land for additions. Commissioner White moved to approve the Land Clearing Permit and Commissioner Orthwein seconded the motion. Commissioner O Orthwein, Commissioner White and Mayor Morgan voted AYE. b. Special Exception #1 to extend a non -conforming wall. Commissioner White then moved to approve the Special Exception to extend a non -conforming wall and the motion was seconded by Commissioner Orthwein with Commissioners White, Orthwein and Mayor Morgan voting AYE. c. Special Exception #2 to permit an additional 240 sq. ft. of covered, unenclosed floor area that exceeds the maximum FAR of 5,535 sq. ft. A motion was made by Commissioner White to approve the Special Exception to permit an additional 240 sq. ft. of covered, unenclosed floor area that exceeds the maximum FAR of 5,535 sq. ft. The motion was seconded by Commissioner Orthwein. Those voting AYE were Commissioner White, Commissioner Orthwein and Mayor Morgan. d. Level 3 Architectural/Site Plan Review to permit additions of 1,529 sq. ft. to the first floor, the addition of a second story consisting of 1,748 sq. ft. O and a 328 sq. ft. one car garage to an existing single story, Gulf Stream Bermuda style, single family dwelling. Commissioner White moved for approval of a Level 3 Architectural/Site Plan based on a finding that the addition of 1,529 sq. ft. to the first floor, the addition of a second story consisting of 1,748 sq. ft. and a 328 sq. ft. one car garage to an existing single Cstory, Gulf Stream Bermuda style, single family dwelling meet the minimum intent of the Design Manual and applicable review standards with the following conditions: 2 Minutes of Town Commission Regular Meeting & Public Hearing held May 11, 2018 at 9:00 A.M. O1. Prior to the issuance of a Certificate of Occupancy the owner of the property shall prepare and sign a Gulf Stream Driveway Removal Agreement. 2. Any minor modifications in the approved landscaping shall be submitted to the Town Manager for review and approval and any major modification shall be brought back to the ARPB for O review and approval, prior to commencement of landscaping. 3. Prior to the issuance of a certificate of occupancy, the owner of the property shall prepare and record a deed restriction which shall provide that all roof projection areas shall remain unenclosed as per approval of the Special Exception for as long as the structure is in existence or exceeds the maximum FAR. 4. Prior to exterior painting, the final color scheme must be presented to the Town Manager for approval. 5. Quoins be added on corners around the Master Balcony to match those around the Front Balcony. Commissioner Orthwein seconded the motion and Commissioner White Commissioner Orthwein and Mayor Morgan voted AYE. B. Items Related To Previous Approvals. 1. An application submitted by Carlos Linares, Randall Stofft Architects, as agent for N. Ocean Capital 2929 B LLC, owner of property located at 2929 N. Ocean Blvd., Gulf O Stream, Florida 33483, legally described as the South 120 feet of Lot 1, Gulf Stream, Ocean Tract recorded in Plat Book 16, Page 81 of the Public Records of Palm Beach County, Florida and including revisions made to original plan and presented on January 25, 2018. Town Manager Dunham gave a summary of the various actions that have been taken by the ARPB and the Town Commission in regard to this application that was originally submitted in December 2017. Mr. Linares explained the various changes that have been made since that first presentation in December adding that they would like to maintain the higher "discouraged" eave height since other homes in the area also have the higher eave. However, he said that he has come prepared today to present the lower "preferred" eave height if necessary. He further advised that the owner is anxious to move forward with the project. He reminded that in the past they redesigned the rear elevation to reduce the appearance of the amount of windows. He further explained that the item referred to as the entry pavilion is a garden C� feature and will not be attached to the house. Commissioner Lyons stated that, in reviewing the video from the last meeting, the items in question were height, mass, number of windows, style of windows and style of house. He believed the number of windows is a dominant element which is discouraged and the style of windows is not preferred. He commented that the style of home is stated to be OBermuda but he did not feel this home meets the criteria. He said that he knows of only one other home in town that has 5 windows side by side 3 Minutes of Town Co=ission Regular Meeting & Public Hearing held May 11, 2018 at 9:00 A.M. Owith no separation to speak of. He further noted that the southwest elevation now has three windows and there were originally only 2 windows. The Mayor added that he agrees and pointed out there is also a 2 story stacked window along the side of the door. Commissioner Lyons suggested to use the original plan with 2 windows on the southwest elevation and removing the center window from the row of 5 windows and Oadding shutters. Commissioner White was in agreement and suggested that perhaps a 3 dimensional presentation would help. Mr. Linares distributed such drawing but with some different features. Commissioner Orthwein moved to defer action on 2929 N. Ocean Blvd. to the next Commission Meeting after Mr. Linares has met with staff. Commissioner White seconded the motion and all voted AYE at the roll call. 2. An application submitted by Carlos Linares, Randall Stofft, Architects, as agent for N. Ocean Capital 3565 B LLC, owner of Property located at 3565 N. Ocean Blvd., Gulf Stream, Florida 33483, legally described as a portion of Lots 7&8, Gulf Stream Ocean Tracts, according to the plat recorded in Plat Book 16, Pg. 81 and portion of lots 9&10, Block B, of Blocks A,B&Z, Palm Beach Shore Acres, according to the Plat recorded in Plat Book 7, Pg. 15, Public Records of Palm Beach County and a portion of the right of way of Ocean Blvd.{abandoned). O Mr. Linares said that this home was also designed with the Second floor eave height in the "discouraged" range but they are prepared to lower that eave height to the preferred range, 22'6". Mayor Morgan said that he does not see the symmetry of balance that is associated with British Colonial to which Mr. Linares said it is the volumes and details that determine the style of this house. Mr. Linares pointed out that they lowered the elevation of the garage floor and will have steps from the garage to the house. Commissioner Orthwein noted there is an easement on the south side of property for deeded access to the beach and she questioned how this will be addressed. Mr. Linares said that there is an existing wall on the south property line and they are proposing to construct a similar wall on the north side of the 10' easement. Mark Jacobson, Landscape Architect, pointed out that they will be adding to the existing material at the front an both sides to provide privacy and explained that as the project moves forward there are expected to be C, changes made as needed to achieve the goals of privacy for all parties. a. SPECIAL EXCEPTION #1 to permit an additional 197 square feet of covered, unenclosed floor area that exceeds the maximum FAR of 7,129 square feet. Commissioner Lyons moved to approve the Special Exception to allow 197 sq. ft. of covered, unenclosed area that exceeds the maximum permitted Floor 11 Minutes of Town Commission Regular Meeting & Public Hearing held May 11, 2018 at 9:00 A.M. OArea Ratio of 7,129 sq. ft. and Commissioner White seconded the motion with all voting AYE at roll call. b. SPECIAL EXCEPTION #2 to permit the construction of a 467 square foot gate house in the Beachfront Design District. Commissioner Lyons then moved to approve a Special OException to allow the construction of a 467 sq. ft. gatehouse in the Beachfront Design District. Commissioner White seconded the motion and all voted AYE. C. NORTH OCEAN BLVD. OVERLAY PERMIT to permit the construction of a 467 square foot gate house and an 8 foot high stucco wall within the North Ocean Blvd. Corridor. A motion was made by Commissioner Lyons to approve the construction of c1 4E sq. ft. gatehouse and an 8' high stucco wall within the North Ocean Blvd. Corridor Which was seconded by Commissioner White with all voting AYE. d. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit construction of a two-story British Colonial style single family dwelling with attached garage and a detached gate house, a O total of 7,326 square feet, and a swimming pool with spa. Commissioner Lyons moved to approve the construction of a 2-story British Colonial Style single family dwelling, an attached garage, a detached gatehouse, a total of 7,316 sq. ft. with a swimming pool and spa with the eve height on the house not to exceed 22'6", subject to the following Conditions: 1. Any minor modifications in the approved landscaping shall be submitted to the Town Manager for review and approval and any major modifications shall be brought back to the ARPB for review and approval, prior to commencement of landscaping. 2. Prior to the issuance of a certificate of occupancy, the owner of the property shall prepare and record a deed restriction which shall provide that all O roof projection areas shall remain unenclosed as per approval of the Special Exception for as long as the structure is in existence or exceeds the maximum permitted FAR of 7,129 sq. ft. Commissioner +!hite seconded the motion and all voted AYE at roll call. 1 IX. Reports. A. Town Manager 5 Minutes of Town Commission Regular Meeting & Public Hearing held May 11, 2018 at 9:00 A.M. O1. Utility Undergrounding Update The Town Manager reported that he had attended a meeting with Danny Brannon, Comcast, AT&T and FPL with regard to FP&L finishing their part of the underground work and the other two moving in to install their portion. He said that Comcast will commence shortly and their work is expected to take 60 to 90 days and AT&T will not commence Otheir work until Comcast has completed theirs. Mr. Dunham said that as Comcast makes connections they do the work inside a truck, usually at night. They said they are aware of our permitted working hours but advised they could complete the job sooner if they could work at night. The Commissioners gave approval for the night work in order to expedite the project. 2. Town Hall Addition Progress Mr. Dunham reported that he expects to have the project finished in about two weeks, pointing out that the addition has been painted and the carpet installed in that area with the landscaping also completed. 3. CIP Acceptance The Town Manager explained that there was never a formal acceptance of the CIP and that while there is no construction planned for the first year, 2018/2019, there will be funds needed to cover planning, etc. Inasmuch as the budgeting process is beginning, he requested that there be a formal motion to accept the CIP as presented. O Commissioner Orthwein moved to accept the CIP as presented and Commissioner Lyons seconded the motion with all voting AYE at roll call. 4. Andrews Avenue Easement The Staff Attorney reported that this is in progress and he expects to have it on the agenda for the June meeting. B. Architectural Review & Planning Board 1. Meeting Dates a. May 24, 2018 at 8:30 A.M. It was announced that there will not be an ARPB meeting in May due to lack of a quorum. b. June 28,2018 at 8:30 A.M. c. July 26,2018 at 8:30 A.M. d. No August Meeting e. September 27, 2018 at 8:30 A.M. f. October 25, 2018 at 8:30 A.M. C. Finance Director 1. Financial Report for April 2018 ORebecca Tew, in answer to a question related to the amount of income on our Water Fund investments, explained that in the past year the money market funds with SunTrust Bank have been transferred to certificates of deposit with various other banks that resulted in a large increase that had not been anticipated in the budget. D. Police Chief 1. Activity for April 2018 OChief Allen asked that his report be accepted as submitted as he had nothing additional to report. Minutes of Town Commission Regular Meeting s Public Hearing held May 11, 2018 at 9:00 A.M. X. Items for Commission Action. A. Resolutions 1. NO. 18-02; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, DECLARING ZONING IN PROGRESS RELATING TO THE ELIMINATION OF ITEMS O CATEGORIZED AS "DISCOURAGED" IN THE GULF STREAM DESIGN MANUAL; REQUIRING THAT NO BUILDING PERMITS BE ISSUD BY THE TOWN DURING THE PERIOD THAT ZONING IS IN PROGRESS FOR ANY PROJECT WHICH MAY BE IN CONTRAVENTION OF ANY PROPOSAL UNDER STUDY; PROVIDING AN EFFECTIVE DATE. The Town Clerk read Resolution No. 18-02 by title only after which Commissioner Orthwein moved to adopt. Commissioner White seconded the motion and all voted AYE. 2. NO. 18-03; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE CONSTRUCTION SITE MANAGEMENT HANDBOOK WHICH WAS AUTHORIZED BY ORDINANCE NO. 95/4, AT ARTICLE IV, RULES AND REGULATIONS, SECTION 6. SUB -CONTRACTORS, TO INCORPORATE SECTION V. FINES AND PENALTIES; SECTION 8. WORKING HOURS, TO UPDATE REFERENCES TO THE CONSTRUCTION AND MAINTENANCE ACTIVITIES ORDINANCE; SECTION 10. TRUCKS AND CRANES, TO CREATE A DESIGNATED STAGING AREA AND MANDATING A POLICE ESCORT; AND SECTION 014. NOISE, TO UPDATE REFERENCES TO THE CONSTRUCTION AND MAINTENANCE ACTIVITIES ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. Staff Attorney Nazzaro explained the purpose of this Resolution and Mayor Morgan explained how this addresses many of the complaints related to construction projects and how it relates to Ordinance No. 18/3 that is also included on this agenda. Town Clerk Taylor read Resolution No. 18-03 by title only. Commissioner Orthwein moved for the adoption of Resolution No. 18-03 and Commissioner White seconded the motion. All voted AYE at the roll call. B. ORDINANCE NO. 18/3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 22, NUISANCES, ARTICLE 3, NOISE, DIVISION 2, CONSTRUCTION AND MAINTENANCE ACTIVITIES SECTION 22-68, SAME—REGULATIONS, TO DEFINE PERMITTED ARRIVAL AND DEPARTURE TIME TO PERFORM REGULATED ACTIVITES; PROVIDING O FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (FIRST READING) The Town Clerk read Ordinance No. 18/3 by title only on first reading. Mayor Morgan explained that this further regulates activity on construction sites by establishing the arrival time for workers and deliveries at 8:00 A.M. and establishing the departure time for leaving Othe site at 5:00 P.M. 7 Minutes of Town Commission Regular Meeting & Public Hearing held May 11, 2018 at 9:00 A.M. �) Commissioner Orthwein moved to pass Ordinance No. 18/3 on first reading and Commissioner White seconded the motion with all voting AYE. C. Appointment of Regular Member for ARPB. Mayor Morgan pointed out that since Mr. Kent has moved out of Town it is necessary to appoint a member for the ARPB. Commissioner Orthwein said that whoever is appointed must be made aware of the importance of making themselves available for the meetings, reminding that the ARPB will not be meeting in May due to lack of a quorum. Commissioner Orthwein moved to elevate Alternate Member Jorgette Smith to a Regular Member of the ARPB and the motion was seconded by Commissioner Lyons. All voted AYE at the roll call. D. Items by Mayor & Commissioners 1. Commissioner Lyons asked if either of the two vacant properties on the beach have beach access easements as he sees many using the vacant lots for this purpose. Town Manager Dunham said there is a 10' deeded access easement on the south side of the property at 3565 N. Ocean Blvd. Commissioner Orthwein said there is also this type of easement north of the property at 2929 N. Ocean Blvd. but it is not on 2929. It was explained that this type of easement is only available to those who own property with a deed that states they have a right to use a specific easement. O2. Commissioner White recalled that Mr. Kent had spoken at the last meeting about removing any mention of shutters and also any reference to the color of them. She commented that shutters are one of the key characteristics of a Gulf Stream Bermuda style and that the color should be of a dark contrasting color to the body of the house. All of the Commissioners and Mayor Morgan were in agreement that these changes should not be made. 64 L Staff Attorney Nazzaro said he is in the process of drafting the Ordinance and could make this change in the document. Those present were in favor of this, agreeing that it could be discussed further when the ordinance comes before the Commission for action. XI. Adjournment. Mayor Morgan adjourned the meeting at 10:50 A.M. Rita L. Taylor (/ Town Clerk N FORM COUNTY, 813 MEMORANDUM OF VOTING CONFLICT FOR MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLEN NAMEOFBORD.CO NCIL. COMMISSION. AUTHORITY.OR MMITTEE MAILING R 5n L� �J,� N THE C NCIL COMMISSION. AU HOft1TY 0R COMMITTEE ON W ERV ISA L,OF: TY w []COUNTY DOTHEA LOCAL AGENCY CITY / COU LEOF POLIT�L SUBDIVISION: D ON WHI v�ccUf�ftED n'1 r/L� �T _ K/4/'7 MY POSITION IS: �/ELEC412 APPOINTIVE WHO MUST FILE FORM 8B 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 Your responsibilities under the law when faced with voting on 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 10 the instructions on this form before completing the reverse side and riling the form INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which Inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (Including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or t0 the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163 356 or 163 357, F , and officers of Independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged In or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of:yoprinterest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and fling this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. /_1a"ikill III A Ja194ZR3 Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to Influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must 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 minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency • The form must be read publicly at the next meeting after the form is riled. IF YOU MAKE NO ATTEMPTTO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form Is riled. DISCLOSURE OF LOCAL OFFICER'S INTEREST Paul A. Lyons ,hereby disclose that an May 11, 2018 20 (a) A measure came or will come before my agency which (check one) X Inured to my special private gain or Icss; Inured to the special gain or loss of my business associate,_ inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or Inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and th alure of my%�pflicg�icnlerestin the_measure is as follows: A\/, /per'► .�,�' � 4 *C" J 0,4'7744W Ze5�� 114 45�1�A A 11 Date Filed Signature by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF 112000 PAGE 2