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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. 2 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. 9 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. 4 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. 5 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 6 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 7 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. Re As