HomeMy Public PortalAbout03 13 2020 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 13, 2020 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: Scott W. Morgan Mayor
Thomas W. Stanley Vice Mayor
Joan Orthwein Commissioner
Donna S. White Commissioner
Also Present &
Participating:
Absent w/Notice:
IV. Minutes
Gregory Dunham
Edward Nazzaro
Edward Allen
Rita Taylor
Paul A. Lyons, Jr.
Town Manager
Asst. Town Attorney
Police Chief
Town Clerk
Commissioner
A. Regular Meeting of February 14, 2020.
Commissioner Orthwein made a motion to accept the minutes of
February 14, 2020 and the motion was seconded by Vice Mayor Stanley with
all voting AYE at roll call.
V. Additions, withdrawals, deferrals, arrangement of agenda items
Mayor Morgan explained that Item X.A. was moving up, the Town
Manager was adding a COVIDI9 Update and Septic to Sewer to his reports
and an item was being added for 2775 Avenue Au Soleil lien modification
request under Items for Commission Action.
VI. Announcements
A. Regular Meetings and Public Hearing
1. April 9, 2020 at 9:00 A.M.
2. May 8, 2020 at 9:00 A.M.
3. June 12, 2020 at 9:00 A.M.
4. July 23, 2020 at 9:00 A.M.
Mayor Morgan called attention to these dates.
VII. Communication from the Public (3 min. maximum)
Valentina Autiero and Emma Imperatore, 2nd grade students at Gulf
Stream School, made a presentation asking that two Duck Crossing signs
be put up in Gulf Stream after they saw a duck get run over. They
suggested the signs be put up between the 15 -mph sign and the yellow
share roadway sign when heading south on Gulfstream Road. When heading
north on Gulfstream Road they would like the sign to be installed
between the home at 3777 Gulfstream Road and the apartment building at
3883 Gulfstream Road. Mayor Morgan commended them on the research and
work they had put into the presentation. He also complimented the
parents who advised the girls to participate in the civic experience
Minutes of Town Commission
Regular Meeting & Public Hearing
Held March 13, 2020 @ 9:00 A.M.
involved when you see a problem, address a problem and then go before
the municipality to get a resolution to the problem. Mayor Morgan
stated this was an application regarding signage and suggested the girls
take the next step which would involve speaking to someone at The Little
Club and the Headmaster at Gulf Stream School and get their consent
regarding the placement of the signs. Once the consents have been
received, they need to bring them to the staff to be put on the next
agenda for the Commission's consideration, he added.
VIII. Items for Commission Action
A. Presentation of 2018/2019 Independent Auditor's Report - Ron
Bennett, Nowlen, Holt & Miner, P.A.
Mr. Ron Bennett stated the purpose of the audit was for the
independent certified public accountants to render an opinion on the
financial statements. Mr. Bennett stated the Town was receiving a
clean opinion and followed all government auditing standards. He
pointed out that there were two auditing standards: the general
auditing standard of independent auditors and the government auditing
standard. Mr. Bennett said the State of Florida required both
standards be met. He did point out that for the Government Auditing
Standards they did find one item under internal controls related to
water bills that went out incorrect and had to be adjusted. Mr.
Bennett stated there was a third report, which was a Management Letter
in accordance with the Rules of the Auditor General of the State of
Florida, that they found nothing to report on. He added the Town was
in compliance with the Independent Accountant's Report on Compliance
with Section 218.415, Florida Statutes. Mr. Bennett pointed out that
the CFO now had to sign an affidavit if the Town had ever adopted an
impact fee, stating the Town was in compliance with the Florida Statute
Section 163.31801 and that was included in this report. Mr. Bennett
handed out a five-year trend analysis of revenues and expenditures and
stated that the last four years had almost been carbon copies on
governmental revenues and added the expenditures showed a different
story due to the undergrounding project. Mr. Bennett stated the
General Fund had been climbing upward but was going to reverse soon
due to the funds having already been budgeted for the water main
improvements in the current fiscal year. Vice Mayor Stanley made a
motion to approve the audit for fiscal year 2018/2019 and the motion
was seconded by Commissioner White with all voting AYE at roll call.
IX. Public Hearing
A. Declaration of Ex -Parte Communication
Commissioner White stated she had spoken with Mrs. Hannah
Stanton regarding their ARPB application and told her that ever since
she had been in Gulf Stream, she had never seen a variance approved.
Vice Mayor Stanley stated he had spoken to the homeowner regarding the
shutter color.
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held March 13, 2020 @ 9:00 A.M.
B. Administer Oaths
Town Clerk Taylor administered the oath to Mr. Rustem Kupi.
C. Applications for Development Approval
1. Shutter Color Approval for home at 3112 Gulfstream Road.
Town Manager Dunham stated the ARPB had approved the green
color presented, which now needed Commission approval. Commissioner
Orthwein made a motion to approve the green shutter color presented and
Vice Mayor Stanley seconded the motion with all voting AYE at roll call.
2. An application submitted by Hassan Tajalli, Urban Design
Studio of South Florida, as agent for Daniel and Hanna
Stanton, owners of property located at 2765 Avenue Au
Soleil and possibly future owners of property located at
2775 Avenue Au Soleil, Gulf Stream, Florida, legally
described as Lots 92 and 93, Place Au Soleil Subdivision.
a. DEMOLITION PERMIT to remove existing building, with
the exception of 2 walls from 2775 Ave. Au Soleil, and
partially demolish a portion of existing building at
2765 Ave. Au Soleil.
b. VARIANCE from the provisions in Section 70-73 that
require the second story to be setback from each first
story side elevation a minimum of 15 percent of the
width of the first story of the house to be granted
for the east elevation.
C. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the
Construction across the two lots, of one Gulf Stream
Bermuda style, single family, two-story home with
attached 4 car garage.
Town Manager Dunham stated the application was seeking a
Variance and when applying for a variance, the applicant must meet eight
criteria to receive approval. He added that when the applicant
presented to the ARPB, they found the applicant did not meet four of the
requirements, which are the following:
1.Special conditions and circumstances exist which are peculiar to the
land, structure, or building involved and which are not applicable
to other lands, structures, or buildings in the same zoning
district.
2. The special conditions and circumstances do not result from the
actions of the applicant.
3. Granting the variance requested will not confer on the applicant any
special privilege that is denied by this code to other lands,
buildings, or structures in the same zoning district.
4. Literal interpretation of the provisions of this Code would deprive
the applicant of rights commonly enjoyed by other properties in the
same zoning district under the terms of this Code and would work
unnecessary and undue hardship on the applicant.
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held March 13, 2020 @ 9:00 A.M.
Town Manager Dunham stated there were four requirements the ARPB found
that the applicant did meet, which are the following:
5. The variance granted is the minimum variance that will make possible
the reasonable use of the land, building or structure.
6. Granting the variance would not permit to be established or re-
established any use prohibited in that zoning district.
7. Granting the variance is consistent with the goals, objectives and
policies and future land use map of the adopted comprehensive plan.
8. Granting the variance will be in harmony with the general intent and
purpose of the Code and that such variance will not be injurious to
the area involved or otherwise detrimental to the public welfare.
Town Manager Dunham stated the ARPB's recommendation to the Town
Commission was to deny the variance request.
Mayor Morgan stated the mass and sizing of house was not in harmony
with the general character of the neighborhood, so he thought he was also
in violation of items seven and eight. Vice Mayor Stanley stated he did
not support the variance. Commissioner White stated she didn't approve
of the massive structure. Commissioner Orthwein stated she didn't see
any justification for a variance. Vice Mayor Stanley made a motion to
deny a variance from the provisions in section 70-73 that require the
second story to be setback from each first story side elevation a minimum
of 15 percent of the width of the first story of the house for the east
elevation, based on the finding that not all of the required 8 standards
for granting a variance have been met, specifically standards 1, 2, 3, 4,
6, 7 and 8. Commissioner Orthwein seconded the motion and all voted AYE
at roll call.
Town Manager Dunham stated the ARPB had denied the demolition
permit as well as the Level III Architectural/Site Plan. Vice Mayor
Stanley made a motion to deny a demolition permit of an existing
residential structure except for two walls. Commissioner White seconded
the motion with all voting AYE at roll call. Vice Mayor Stanley made a
motion to deny a Level III Architectural/Site Plan based on a finding
that the proposed construction of a Gulf Stream Bermuda style, two-
story, single family dwelling with attached 4 -car garage consisting of
11,988 SF does not meet the minimum intent of the Design Manual and
applicable review standards with the following conditions:
1. Any minor modifications to the existing 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 obtaining a building permit, the owner shall file a
unity of title.
Commissioner Orthwein seconded the motion with all voting AYE at roll
call.
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held March 13, 2020 @ 9:00 A.M.
X. Reports
A. Town Manager
1. COVIDI9 Update
Town Manager Dunham commended Lt. Haseley and CFO Tew for
their research regarding this matter. He pointed out that public would
not be allowed into the business side of Town Hall and staff would be
meeting them in the Lobby or Chambers to do business. Town Manager
Dunham reiterated that included everyone. He added that staff were
cleaning four to five times daily and there were hand sanitizers in all
high traffic areas and throughout Town Hall. Town Manager Dunham stated
all the vehicles were being cleaned daily as well. He stated that Lt.
Haseley and CFO Tew had attended meetings at the EOC and another given
by State Representatives, the CDC and Department of Health and he then
turned it over to them for a PowerPoint presentation. Lt. Haseley and
CFO Tew defined Coronavirus 19, what the symptoms were and general
prevention precautions. They ended by letting everyone know the Town
website had been updated with links to information needed.
2. Utility Undergrounding
This item was accidentally looked over so there was no
report given.
3. Withdrawn -Little Club Pickleball Application
Mayor Morgan stated the Little Club Pickleball Application
was withdrawn.
4. Place Au Soleil proposed subdivision update
Town Manager Dunham stated the staff had met with the
developer and architect for the project and added there had been no
application yet. Town Manager Dunham stated they were engaging Marty
Minor, who had provided a thorough summary of all steps that would need
to be taken to approve the project, and added it was not going to be a
quick process. Town Manager showed the commission a rendering which
showed a total of 14 lots, with ten being the same size and four larger
lots that were closer to the water. He stated the entrance would be at
the same location as the entrance now for Place Au Soleil, but it would
also create a new intersection which would need a traffic study.
Commissioner White asked if a traffic study had been started to which
Town Manager Dunham stated the developer would need to make an
application before anything was started.
5. Water Main update/bid process
Town Manager Dunham stated the engineers had contacted the
staff to ask if the due date for the bids could be extended by two days
to which the Town agreed. He added the bids would now be opened on
March 18, 2020 at 2:00 instead of March 16, 2020, but the bid award
date would remain the same date of April 9, 2020 at the scheduled
Commission Meeting.
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held March 13, 2020 @ 9:00 A.M.
6. CIP Discussion RE: Engineering Services for Minor Drainage
and Road Upgrades
Town Manager Dunham stated they were finishing up the data
analysis and it would be presented at the May 8, 2020 Commission
Meeting.
7. Septic to Sewer Update
Town Manager Dunham stated the study on this would also be
presented at the May 8, 2020 Commission Meeting.
B. Architectural Review & Planning Board
1. Meeting Dates
a. March 26, 2020 @ 8:30 A.M.
b. April 23, 2020 @ 8:30 A.M.
c. May 28, 2020 @ 8:30 A.M.
d. June 25, 2020 @ 8:30 A.M.
e. July 23, 2020 @ 8:30 A.M.
Mayor Morgan called attention to those dates.
C. Finance Director
1. Financial Report for February 2020
Town Manager Dunham stated the report represented 410 of
the Town budget.
D. Police Chief
1. Activity for January 2020
Chief Allen requested that the reports be accepted as
submitted. Chief called attention to the two car thefts and stated that
one was categorized as a burglary because it had been inside the garage
so therefore it was a burglary. He added that both had been recovered
in the Ft. Lauderdale area. Mayor Morgan accepted all reports as
submitted.
XI. Items for Commission Action
A. 2775 Avenue Au Soleil Lien Modification Request
Asst. Town Attorney Nazzaro stated Mr. Zac Mazur, Realtor and
Certified Probate Specialist for Coldwell Banker, was present speaking
on behalf of the estate. Asst. Town Attorney Nazzaro stated Mr. Mazur
was seeking a potential change to the lien release. Mr. Mazur stated
they would like to remove the mandatory demolition of the Lavoie estate
at 2775 Avenue Au Soleil and allow the market of buyers to be opened to
those looking to renovate the home. He believed this would push the
value to $500k or potentially more, and the Lavoie estate would be
willing to split the gain above the $430k price with the town with
additional language that could be added that the new buyer would have to
apply for permits within 60 days of funding.
Mayor Morgan stated it was of interest to the Town to
expedite this as quickly as possible and he was inclined to go along
with Mr. Mazur's suggestions. Asst. Town Attorney Nazzaro stated there
needed to be clarity for the record going forward. Vice Mayor Stanley
stated the property was currently under contract with Mr. Stanton, to
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held March 13, 2020 @ 9:00 A.M.
which Mr. Mazur stated that had fallen through and was no longer under
contract. Mayor Morgan asked what Mr. Mazur would be seeking to which
he replied to remove the demolition piece so they could go back to Mr.
Stanton and ask him to either move forward or they would have to move on
to a different buyer. Mr. Mazur believed if the demolition piece was
removed the property value would go up with the home worth more in its
current state than if demo'd. Vice Mayor Stanley stated it was
basically coming down to whether the Commission wanted a renovation or
demolition. Mr. Emilio Locascio, son of Town resident Rose Locascio,
wanted the Commission to explain what was happening regarding the
demolition being removed or not since they had already voted no earlier
in the meeting when they denied the permit to demo. Asst. Town Attorney
Nazzaro stated there were two different owners and what was being
discussed was the current owner of 2775 Avenue Au Soleil. Mr. Locascio
said he didn't think the name of the owner mattered but that the action
of the owner mattered. Vice Mayor Stanley explained that on the Lavoie
property there had been a condition to pay the Town $125,000 to satisfy
the Town's lien and anyone who bought the lot had to demolish the house.
He added that now the representative of the Lavoie estate is asking to
go out to the open market, sell the home within 30-60 days and would
like the requirement to demolish the house removed as a condition. Mr.
Locascio understood and thanked Vice Mayor Stanley for the explanation.
Vice Mayor Stanley stated that if the property is sold, the Town can't
make the owner demolish or renovate immediately, however, the Town could
start Code Enforcement Liens.
Vice Mayor Stanley made a motion to revise and modify the Town's
agreement with the Lavoie estate that the Town is still requiring the
payment of its settlement of the lien of $125,000 plus an additional
split of any overage of the proceeds if the house sells over $430,000
and the requirement that upon the sale of the property that the home has
to be demolished or be removed. The time limit for this approval is 90
days and if the home doesn't sell within 90 days, the Lavoie estate will
need to come back to the Town Commission for a further decision.
Commissioner Orthwein seconded the motion with all voting AYE at roll
call.
Mayor Morgan asked if there were any more items for discussion to
which Mr. Tom Cutler, a resident at Hillside House, asked if he could
say something. Mr. Cutler stated they were relieved when The Little
Club withdrew their pickleball application. He added that he hoped this
would restore the congenial relationship Hillside House and St. Andrews
have had with The Little Club for decades. Mr. Cutler stated that he
wanted to thank the Commissioners for their thoughtful and patient
consideration that brought this issue to a successful conclusion. Mrs.
Marilyn Benoit, member of the St. Andrews Club and The Little Club,
wanted to take the opportunity on behalf of the neighbors at St. Andrews
to thank Mayor Morgan and the Commissioners, Town Manager Dunham and the
Town of Gulf Stream Staff for their help in resolving the pickleball
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held March 13, 2020 @ 9:00 A.M.
application. She stated that the Town of Gulf Stream team had listened
thoughtfully to all the concerns and gave attentive assistance including
an on-site inspection and for that they were very appreciative.
XII. Adjournment.
Mayor Morgan adjourned the meeting at 10:40 A.M.
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