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HomeMy Public PortalAbout01 11 19 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JANUARY 11, 2019 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. Mayor Morgan led the Pledge of Allegiance. III. Roll Call. Present and Participating Also Present & Participating: IV. Minutes. Scott W. Morgan Thomas W. Stanley Paul Lyons, Jr. Joan K. Orthwein Donna S. White Gregory Dunham Edward Nazzaro Edward Allen Rita Taylor Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Staff Attorney Police Chief Town Clerk A. Special Meeting & Shade Meeting December 10, 2018 B. Special Meeting December 12, 2018 C. Regular Meeting December 14, 2018 Mayor Morgan noted that a correction needed to be made on the Special Meeting Minutes from December 12, 2018. Section III, paragraph three: the word "accounts" needed to be changed to "counts". Commissioner Orthwein moved to approve the Special Meeting and Shade Meeting December 10, 2018, the Special Meeting December 12, 2018, as amended, and the Regular Meeting December 14, 2018. The motion was seconded by Vice Mayor Stanley with all voting AYE at roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were none. VI. Announcements. A. Regular Meetings and Public Hearing 1. February 8, 2019 at 9:00 A.M. 2. March 8, 2019 at 9:00 A.M. 3. April 12, 2019 at 9:00 A.M. 4. May 10, 2019 at 9:00 A.M. 5. June 14, 2019 at 9:00 A.M. Mayor Morgan called attention to these dates. VII. Communication from the Public (3 min. maximum) Mayor Morgan welcomed Commissioner Robert Weinroth from Palm Beach County. Mr. Weinroth introduced himself as the newly elected County Commissioner for District IV. He stated that he sat on the commission board for the City of Boca Raton for four years understanding Minutes of Town Commission Regular Meeting & Public Hearing Held January 11, 2019 @ 9:00 A.M. the responsibilities of the board and Home Rule. He introduced Jon Carter and Lucia Bonavita, his legislative aides in the west Palm Beach office, as well as Alexandria Ayala, the legislative aide in his Delray Beach office. He stated the purpose of his visit was to introduce himself and offer any help if the Town needed it. VIII. PUBLIC HEARING A. Declaration of Ex -Parte Communication There was no Ex -Parte Communication declared. B. Administer Oaths The Town Clerk administered the Oath to Carlos Linares and Maureen Smith. C. Applications for Development Approval 1. An application submitted by Carlos Linares, Architect, as Agent for Kevin and Michelle Clark, the owners of property located at 3400 Polo Drive, Gulf Stream, Florida, which is legally described as Lot 10 & N 50' of Lot 11 in Polo Cove Subdivision. Mr. Carlos Linares, from Randall Stofft Architects, began his presentation by stating it was a Bermuda -style architecture, two-story, single-family residence with attached three -car garage. They are proposing an FAR of 7,406 sq. ft. and an outdoor pavilion facing the water with a pool. The master bedroom will be on the second floor overlooking the pool with a small uncovered terrace and there is also a small balcony on the front of the house out of one of the bedrooms. All the eve heights are being maintained per the guidelines required by the Town. They originally submitted this project with a white tile roof, but since that submission, their clients have decided to go with a darker tile roof. They submitted a grey charcoal tile at the ARPB meeting on December 27, 2018, but it was deemed to look almost black, so they brought back a lighter grey tile to this meeting. The commissioners all thought it seemed a bit too dark as well, but Mr. Linares assured them that it was the exact tile that was on the present Clark home, as well as other homes in town. Town Manager Dunham pointed out that the Code does allow for a grey tile on a Bermuda -style home. Commissioner Lyons brought up the fact that this new house looks very much like the present Clark residence and called attention to Sec. 66- 144 (10)f from the Town Code. Mr. Linares admitted that they did start with the present Clark house as a footprint for the new home, but the concept has deviated quite a bit from their present residence, pointing out the massing of the new house was not the same as their present residence and the only thing similar to what they have now is the roof color. They currently have a connecting driveway, whereas the new residence does not, he said. Commissioner Orthwein asked about the siding matching the shutters and Mr. Linares stated that it did. He then explained that it was an accent wall that would be imitating siding. 2 Minutes of Town Commission Regular Meeting & Public Hearing Held January 11, 2019 @ 9:00 A.M. Commissioner White asked why the application had been denied at the October 25, 2018 meeting. Mr. Linares explained it was due to the special exception they were asking for and the ARPB turned them down regarding extra FAR sq. footage and open space. They made adjustments in the FAR sq. ft. so that the Clarks could keep the open space, he added. The Commissioners were concerned that the houses were going to look too similar when someone drives by. Mr. Lyons reiterated that Mr. Linares take another look at the Code to see if adjustments needed to be made. Mr. Linares agreed to do that and then asked if it would make a difference if they went back to the originally proposed white tile roof. The Commissioners immediately thought the white tile roof was much better. Vice Mayor Stanley stated that he thought the biggest problem was the color palette and asked if anyone had a snapshot of the current Clark residence. Maureen Smith, Landscape Architect, did have a photo of the current Clark residence on her phone that she passed around to the Commission. The Commissioners remarked on the landscaping similarities of the two homes as well. They all agreed that the original specifications dated October 4, 2018 of modern -white walls, white roof tile and Cape Cod grey stained shutters would make the application acceptable. Vice Mayor Stanley agreed the massing on the new house is different enough from the residence they are in now to meet Code. Commissioner Orthwein brought up the ficus tree on the front of the property. Maureen Smith, Landscape Architect, explained that the owners loved the feel of the vegetation already on the lot so they decided to salvage the big natives on the property and keep everything that is on the perimeters intact, adding some color and tropical accents. She called the design tailored tropical and explained that it is a lot different than the existing house because they have punctuated the corners with multi -stemmed tropical palms that will stay in proportion with the two-story home. Their current home is more formal with clipped topiary's while this home will have a more tropical feel, an open lawn and a lot of privacy, she said. Commissioner Lyons read Sec. 66-144 (9)b in the Town Code and brought up the ficus tree that Commissioner Orthwein had mentioned earlier in the meeting and stated that Polo Drive is represented by numerous large ficus trees that define the street. Mr. Lyons then presented a picture of the tree in question and wanted to know what could be done to preserve the tree. Mr. Lyons also mentioned that he had watched the video from the ARPB meeting and knew that the ficus tree was brought up at that meeting as well in trying to preserve it. Ms. Smith couldn't recall discussing that tree at the ARPB meeting. Mr. Lyons added that there are many properties on Polo Drive that have circular driveways and asked if that could be done to preserve this ficus tree. After much discussion regarding moving the tree, etc., Ms. Smith said nothing was impossible, but it would change the architecture of the house, the 3 Minutes of Town Commission Regular Meeting & Public Hearing Held January 11, 2019 @ 9:00 A.M. driveway, garage and parking area on the lot. Commissioner Lyons pointed out no matter what anyone thought personally about the tree, the Code speaks to keeping the tree in its natural state. Mr. Linares said they would need to go back and explore to see what they would be able to do if the Town wanted to keep the tree. Mayor Morgan said it seemed to be the consensus of the Commission Board to preserve the tree. a. DEMOLITION PERMIT to demolish and remove existing buildings on site. Vice Mayor Stanley moved to approve the Demolition Permit. The motion was seconded by Commissioner Orthwein with all voting AYE at roll call. b. LAND CLEARING PERMIT to clear property for new construction. Vice Mayor Stanley moved to approve the Land Clearing Permit. The motion was seconded by Commissioner Orthwein with all voting AYE at roll call. c. SPECIAL EXCEPTION to permit a 30 ft. rear setback. Vice Mayor Stanley moved to approve the Special Exception to permit a 30 ft. rear setback. The motion was seconded by Commissioner Orthwein with all voting AYE at roll call. d. LEVEL III ARCHITECTURAL/SITE PLAN REVIEW Vice Mayor Stanley moved to approve a Level III Architectural/Site Plan based on the finding that the construction of a two-story 7,406 sq. ft. single-family Bermuda style home with attached garage, pool and pool pavilion meet the minimum intent of the Design Manual and applicable review standards with the following conditions: 1. The color palette, roof color, wall color, outriggers, roof tile, shutters, driveway, pavers and such are approved in accordance with the original October 4, 2018 submittal by the architect and designer. 2. The site plan, as to the driveway and the landscape plan, as to the preservation of the existing landscaping including the ficus tree in the front of the home, is redesigned and brought back for approval at the next commission meeting. 3. Prior to the issuance of a Certificate of Occupancy the owner of the property shall prepare and sign a Gulf Stream Driveway Removal Agreement. 4. 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 review and approval, prior to commencement of landscaping. The motion was seconded by Commissioner Orthwein with all voting AYE at roll call. IX. Reports. A. Town Manager 1. Place Au Soleil Guard House Status Mr. Dunham asked Public Works Supervisor, Mr. Brian Dietrick to speak to this situation. Mr. Dietrick explained that the M Minutes of Town Commission Regular Meeting & Public Hearing Held January 11, 2019 @ 9:00 A.M. mold remediation was done and the interior was gutted. Once gutted there was a lot of wood rot inside the wall, he said. They are getting estimates on rebuilding and on what actually needs to be done. Mr. Dunham then asked Mr. Dietrick to bring the Commission up -to -speed on the water issue at Wright Way. Mr. Dietrick explained that 600 and 700 Wright Way were having water pressure issues so the Town needed to bring in an outside company to run new lines but they didn't want to go into too much detail since that is a section that will be replaced in the CIP program. He said they did a new tap in the road off the main and new service line into the home with the homeowner paying for the new line on their side and the Town paying for the work in the road. 2. Ordinance to regulate duration of construction time Mr. Dunham stated that Staff Attorney Nazzaro is working on drafting an Ordinance that is more specific to the Town of Gulf Stream and should have something for the Commission at next month's meeting. 3. CIP-Water Line on AlA/Australian Pines Mr. Dunham explained that Matthews Engineering and Mr. Brian Dietrick would be sitting down in the coming week doing an alignment study before getting an actual survey. He said the Town had a contractor to come annually and do a survey of the Australian Pines on AlA but that contractor retired and the Town has engaged a new company for the same amount of money who will provide a much more detailed report on the Australian Pines and on boring underneath the trees. 4. Designating "NO THRU TRUCKS" Mr. Dunham stated the signs have arrived, will be installed and the Town will begin to enforce them beginning with a warning before issuing an actual citation. 5. ARPB remarks RE: Construction Abandonment Mr. Dunham relayed the discussion at the ARPB meeting on December 27, 2018 regarding empty lots. He stated that the Town does have an Ordinance that addresses this but not exactly for the lot in question, which is 533 Middle Road. Mr. Dunham said he has contacted the owner of that lot to decide what can be done while it sits empty. He further said the Ordinance states if there are no active permits on an empty lot, it must be sodded but the Ordinance does not require irrigation at the present time. Mr. Dunham reported that Staff Attorney Nazzaro is working on an amendment to the Ordinance so it will apply to all situations. B. Architectural Review & Planning Board 1. Meeting Dates a. January 24, 2019 at 8:30 A.M. b. February 28, 2019 at 8:30 A.M. c. March 28, 2019 at 8:30 A.M. d. April 25, 2019 at 8:30 A.M. e. May 23, 2019 at 8:30 A.M. Mayor Morgan called attention to these dates. C. Finance Director 1. Financial Report for November 2018 5 Minutes of Town Commission Regular Meeting & Public Hearing Held January 11, 2019 @ 9:00 A.M. Town Manager Dunham noted that they have added commentary to the report. Commissioner White noticed a significant increase in Lawn Maintenance for the month. CFO Tew explained that some costs are allocated on an annual period, which is what happened this month, as well as some unanticipated expenses regarding landscaping around transformers, trees being shifted in Place Au Soleil, and some ground coverage due to lightning. This should not affect the overall budget, she said. Mr. Dunham brought up the fact that Comcast has installed an electrical cabinet on the corner of Golfview and AlA. Mayor Morgan asked what type of landscaping was going to be done on that corner for coverage. Mr. Dietrick replied that they planted a few sea grapes along AlA and some Clusia hedge on the side, but did leave a driveway knowing that the trucks would need to get in there. He said FPL made it very clear that there was a lot of underground work there, so the Town could only do a soft dig and be careful where vegetation is planted. Commissioner White had another question regarding water contract fees for a $90,000 deficit. CFO Tew explained that it was a journal entry that she needed to do quarterly to move money from the water fund to the general fund to pay for the expenses between the two and apologized that she forgot to make the journal entry. D. Police Chief 1. Activity for November 2018 Chief Allen asked that his report be accepted as presented if there were no questions. There being none, the Mayor declared the report accepted. X. Items for Commission Action. A. Items by Mayor & Commissioners There were no items. XI. Adjournment. Mayor Morgan adjourned the meeting at 10:35 A.M. ee Basel cutive Assistant C