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MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN
COMMISSION, OF THE TOWN OF GULF STREAM, ON OCTOBER 8, 2021, 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
Vice Mayor Stanley called the meeting to order at 9:00 A.M.
II. Pledge of Allegiance
Vice Mayor Stanley led the Pledge of Allegiance.
III. Roll Call
Present and
Participating: Thomas W. Stanley Vice Mayor
Paul A. Lyons Commissioner
Joan K. Orthwein Commissioner
Donna S. White Commissioner
Also Present &
Participating: Gregory Dunham Town Manager
Edward Nazzaro Asst. Town Attorney
Edward Allen Chief of Police
Rita Taylor Town Clerk
Absent w/Notice: Scott W. Morgan Mayor
IV. Minutes
A. Regular Meeting of September 10, 2021
Commissioner White made a motion to approve the minutes of
the regular meeting on September 10, 2021. Commissioner Orthwein
seconded the motion with all voting AYE at roll call.
B. Budget Meetings
1. September 10, 2021
2. September 22, 2021
Commissioner Orthwein made a motion to approve the minutes
of the budget meetings on September 10, 2021, and September 22, 2021.
Commissioner White seconded the motion with all voting AYE at roll call.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Town Manager Dunham stated he would be adding a seventh item to
the Manager's reports which would be a mandatory pre -proposal meeting
for civil engineers to design the CIP project. Mr. Dunham stated they
would also be moving Item X.A. to be presented after Item VII.
VI. Announcements
Chief Allen introduced Officer Michael LeStrange, the newest
member of the Gulf Stream Police Department.
A. Regular Meetings
and Public Hearings
1.
November
12,
2021,
at 9:00 A.M.
2.
December
10,
2021,
at 9:00 A.M.
3.
January 14,
2022,
at 9:00 A.M.
4.
February
11,
2022,
at 9:00 A.M.
5.
March 11,
2022,
at
9:00 A.M.
6.
April 8,
2022,
at
9:00 A.M.
Minutes of Town Commission
Regular Meeting October 8, 2021 @ 9:00 A.M.
Vice Mayor Stanley called attention to future meeting
dates.
VII. Communication from the Public (3 min. maximum)
There was none.
VIII. Public Hearing
A. Declaration of Ex-Parte Communication
There was none.
B. Administer Oaths
Town Clerk Taylor swore in Paul Courchene, Cary Glickstein,
Louis Valhos, Aleksandra Hayes, Gary Eliopoulos, and John Shubin.
C. Applications for Development Approval
1. An application submitted by GE Architecture, Inc. as Agent
for Davin Gebauer, owner of property located at 3420 Gulf
Stream Road, Gulf Stream, Florida, legally described as
Lot 1, Block 1, Polo Fields, Plat No. 1.
a. Special Exception to permit 222 sq. ft. of covered
open space that exceeds the maximum permitted FAR.
b. Level 3 Architectural/Site Plan Review to permit
construction of a 5,365 sq. ft. two-story, single-
family, Gulf Stream Bermuda style dwelling with a 2.5
car attached garage, and a swimming pool/spa.
Aleksandra Hayes, Architect from GE Architecture, made
a PowerPoint presentation which showed the empty lot on Gulfstream Road
where they will be constructing a 5,365 sq. ft. Gulf Stream Bermuda two-
story home. She explained the floor plan in detail and pointed out the
mahogany garage doors, partial glass front doors, and dark aluminum
railings on the front balcony and porch that added a contrast of color.
Ms. Hayes pointed out the same aluminum railings on the second -floor
balcony in the back of the house as well as two covered porches. Dave
Bodker, Landscape Architect, couldn't be present due to a death in the
family, so Ms. Hayes gave the landscape presentation.
Commissioner Lyons asked what color the garage doors were going
to be to which Ms. Hayes answered they were mahogany. He then asked
what color the shutters were going to be to which Mr. Eliopoulos
answered they were black. Commissioner Lyons asked if there had been
any comments from neighbors to which Town Clerk Taylor answered had been
none. Commissioner Lyons asked about the roof the to which Mr.
Eliopoulos answered it was a Bermuda concrete tile colored through
white. Commissioner Lyons stated there was sometimes some confusion
with the tiles, so he wanted to make sure the staff saw a sample before
issuing a permit. Vice Mayor Stanley asked for them to highlight the
south elevation again due to how it relates to the neighboring house to
the south. Mr. Eliopoulos explained the wedding cake effect of the
house as well as a courtyard to the south so any entertaining would be
isolated from the abutting neighbors. Vice Mayor Stanley asked about
2
Minutes of Town Commission
Regular Meeting October 8, 2021 @ 9:00 A.M.
the color of the house to which Mr. Eliopoulos answered it was arcadia
white.
Commissioner Orthwein made a motion to approve a Level III
Architectural/Site Plan based on a finding that the construction of a
5,365 sq. ft. (including 222 sq. ft. of covered open space that exceeds
the maximum permitted FAR) Gulf Stream Bermuda, two-story, single-family
dwelling with a 2.5 car garage and swimming pool/spa meets the minimum
intent of the Design Manual and applicable review standards with the
following conditions:
1. Any minor modifications to 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.
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 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.
Commissioner White seconded the motion with all voting AYE at
roll call.
Commissioner Orthwein made a motion to approve a Special
Exception to permit 222 sq. ft. of covered open space that exceeds the
maximum permitted FAR. Commissioner White seconded the motion with all
voting AYE at roll call.
Vice Mayor Stanley asked that an overview be given regarding the
next three applications since they were all in the new development. Mr.
Paul Courchene stated he and Mr. Cary Glickstein were partners in the
development of Bluewater Cove, with Mr. Glickstein being the developer
and he is responsible for the home designs. Mr. Courchene stated the
first three homes being presented were different in architectural style
and this was done on purpose as to not create a cookie -cutter style.
These would be a Gulf Stream Bermuda, a Colonial West Indies, and an
Anglo Caribbean. They would be starting in the Spring and hopefully be
completed by the Fall with two furnished models and a spec home.
Commissioner Lyons stated that he liked the fact that the garages were
side entrances but wondered if every home was going to have this. Mr.
Courchene stated that all the homes would be a variation of these three
and customized by the homeowner. Commissioner White asked if they were
all going to be centered on the lot to which Mr. Courchene stated each
house would be parallel to the street. Commissioner White was worried
about uniformity, as well as Commissioner Lyons, and they wondered if
some of the homes would have front entry garages or circular driveways.
Mr. Courchene stated it was dependent on future homeowners, but they
were open to doing that. Mr. Courchene stated they had done other
developments and he assured the Commissioners that they were not cookie -
cutter, and they were sensitive to their concerns. Vice Mayor Stanley
stated the Town Code provided that there could not be two homes alike
3
Minutes of Town Commission
Regular Meeting October 8, 2021 @ 9:00 A.M.
within 500 ft. of another home. Mr. Glickstein stated that they would
like this street to look like it had been there a long time. He added
there were trade-offs in design and lot composition when the Town
preferred one-story homes. Mr. Glickstein pointed out with two-story
homes it was easier to add a circular driveway. He added that their
objective was that when you drove down the street, you did not see a
house that looked like another house on that street. Mr. Valhos,
Landscape Architect, stated each home would have varying vegetation per
the homeowner, which would add in the non -conformity. Commissioner
Orthwein suggested that they put a circular driveway onto one of these
first three homes, so they weren't all the same walkways. Mr. Courchene
said they would look into it and Mr. Valhos added that putting a
circular driveway would reduce the landscaping that was trying to
complement each home, and, in his opinion, these three homes would look
better with the landscaping than having the front of the home being
taken over by a circular driveway.
2. A development application submitted by the owner,
Bluewater Cove Gulf Stream, LLC, owners of Lot 1 in Place
Au Soleil Addition No. 2.
a. Level 3 Architectural/Site Plan Review to permit
construction of a 5,464 sq. ft. Gulf Stream Bermuda,
one-story, single-family dwelling with an attached two
car garage and a swimming pool.
Mr. Paul Courchene started by stating Lot 1 was the
first lot on the north side as you enter the community and was a Gulf
Stream Bermuda as the overall architectural theme. He added this was a
one-story home that met all the ordinances and setbacks for Gulf Stream.
Mr. Courchene stated that the roof areas were complying to the less than
100 of flat roof area which kept it underneath the overall building
height. He explained that this home had a side -loading garage and a 10,
setback for the pool with the color scheme being white windows with a
charcoal flat tile roof, mahogany front door, and shutters being a
Newburyport blue. Mr. Louis Valhos, Landscape Architect, presented a
detailed landscape plan.
Commissioner Orthwein made a motion to approve a Level III
Architectural/Site Plan based on a finding that the construction of a
5,464 sq. ft. Gulf Stream Bermuda, one-story, single-family dwelling
with a two -car garage and swimming pool meets the minimum intent of the
Design Manual and applicable review standards, with the following
condition:
1. Any minor modifications to 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.
Commissioner White seconded the motion with all voting AYE at
roll call.
s
Minutes of Town Commission
Regular Meeting October 8, 2021 @ 9:00 A.M.
3. A development application submitted by the owner,
Bluewater Cove Gulf Stream, LLC, owners of Lot 2 in Place
Au Soleil Addition No. 2.
a. Level 3 Architectural/Site Plan Review to permit
construction of a 5,457 sq. ft. Colonial West Indies,
two-story, single-family dwelling with an attached
two -car garage and a swimming pool.
Mr. Courchene gave a detailed PowerPoint presentation
and started by stating Lot 2 was a Colonial West Indies two-story. He
stated they were in compliance with the flat roof area, overall roof
heights and setbacks. Mr. Courchene pointed out the side -loading garage
and stated the second story was towards the front of the home and had an
uncovered balcony for the entry feature. He stated the upper story was
going to be a simulated wood made of stucco with a cedar shake roof and
the colorization was light blue shutters, white trim, and beige house.
Mr. Valhos then gave a detailed landscape plan.
Commissioner White made a motion to approve a Level III
Architectural/Site Plan based on a finding that the construction of a
5,457 sq. ft. Colonial West Indies, two-story, single-family dwelling
with a two -car garage and swimming pool meets the minimum intent of the
Design Manual and applicable review standards with the following
condition:
1. Any minor modifications to 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.
Commissioner Orthwein seconded the motion with all voting AYE at
roll call.
4. A development application submitted by the owner,
Bluewater Cove Gulf Stream, LLC, owners of Lot 14 in
Place Au Soleil Addition No. 2.
a. Level 3 Architectural/Site Plan Review to permit
construction of a 5,460 sq. ft. Anglo Caribbean, one-
story, single-family dwelling with a two -car attached
garage and a swimming pool.
Mr. Courchene gave a detailed PowerPoint presentation
and noted that Lot 14 was an Anglo Caribbean style one-story home that
would sit to the south of the entrance. He added there were no flat
roofs on this home, and it complied with the Town Code Design Manual.
Mr. Courchene stated the color was white with white concrete roof tile
and shutters were a sage green called October Mist. Mr. Valhos gave a
detailed landscape plan.
Commissioner Lyons made a motion to approve a Level III
Architectural/Site Plan based on a finding that the construction of a
5,460 sq. ft. Anglo Caribbean, one-story, single-family dwelling with a
two -car garage and swimming pool meets the minimum intent of the Design
Manual and applicable review standards with the following condition:
5
Minutes of Town Commission
Regular Meeting October 8, 2021 @ 9:00 A.M.
1. Any minor modifications to 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.
Commissioner White seconded the motion with all voting AYE at
roll call.
Commissioner Orthwein asked what the starting price would be, to
which Mr. Courchene stated they would start at three million and go up
from there.
IX. Reports
A. Town Manager
1. Utility Undergrounding
Town Manager Dunham stated Comcast were at the point of
splicing and cutting over to the new underground lines and wrecking the
old ones. He added their goal was to be finished by the end of October
at which point FP&L would then take down the poles which would take
approximately three weeks.
2. Water Meter Installation
Town Manager Dunham stated this job was complete and other
than a handful of wrong readings, everything seemed to be in working
order. Vice Mayor Stanley asked if something was broken and the owner
didn't know it, was the Town in position to notify them of the timing of
the break, etc. Mr. Anthony Beltran, Public Works Director, stated that
they still needed to be trained on'that part of the system.
3. Update on Check Valves
Assistant Town Attorney Nazzaro stated that the check
valves had been ordered and installation had occurred on valves four,
five and six along Banyan. He added that in the next week, installation
would happen on valves three, eight and nine. Mr. Nazzaro stated that
valves one, two and ten needed customizations, which had been ordered
and should be delivered and installed early November. The valves that
had issues resulted in a change -order that was executed and came to a 50
cost increase to the project.
4. Gate House Survey
Assistant Town Attorney Nazzaro brought up Town Code
Section 70-75 Special Exception Setbacks and stated the gate houses on
2929 and 3565 N. Ocean Blvd. were the impetus for bringing this before
the Commission to see if they wanted to continue down this path. Vice
Mayor Stanley stated that gate houses have basically become guest houses
and if you took them away then the FAR would just be added somewhere
else. He added that since this was a special exception that could be
granted or denied, he wanted to know if this could be put under another
section in the Code. Commissioner Orthwein stated that some gate houses
were more offensive than others. Vice Mayor Stanley stated you could
make it a variance but that would be a very strong move. Vice Mayor
Stanley asked Mr. Nazzaro to tighten up the criteria for the Special
Exception Setbacks and bring it back to the Commission.
6
Minutes of Town Commission
Regular Meeting October 8, 2021 @ 9:00 A.M.
5. Gas Powered Leaf Blowers
Town Manager Dunham stated that after Town resident, John
Shubin, brought this before the Commission at the September 10, 2021,
meeting, he contacted several municipalities to discuss how they address
the noise level. He added that Palm Beach and Naples prohibit the use
of commercial gas -powered leaf blowers in their Codes. Mr. Dunham
stated South Miami, Manalapan, Ocean Ridge and Surfside have parameters
around using gas blowers by monitoring decibel levels. Commissioner
Orthwein questioned who would be doing the monitoring and Commissioner
Lyons stated that wasn't practical. Mr. Dunham stated every town had a
variation of how they oversaw the use of gas -powered leaf blowers. He
added that Ocean Ridge and Manalapan basically wait until someone
complains and that the cities that banned gas blowers was also for
environmental reasons, not just the noise factor. Commissioner Lyons
asked what the conversion feedback was from the other towns to which Mr.
Dunham stated they gave six months to a year to the landscapers to
transition over. He added that the cities had not lost any landscaping
businesses because of the change. Vice Mayor Stanley asked what the
battery power specs were to which Mr. Dunham stated he didn't get into
that detail. Mr. Shubin stated that Palm Beach prohibited anything over
75 decibels, which basically prohibits them because they don't really
make one under 75 decibels. He added that the lithium battery powered
were at 75 decibels or under and the towns that allowed the gas -powered
blowers made it a requirement to wear headsets because of the potential
impacts on the workers. Mr. Shubin suggested following the path of
Palm Beach. Commissioner Lyons asked what the typical decibel level of
gas -powered blowers were to which Mr. Shubin answered between 95 and
105, which can cause deafness in three to five minutes. Commissioner
Lyons stated he was in favor of banning them. Commissioner Orthwein
asked what the decibel level was for electric/battery-operated to which
Mr. Shubin answered they were under 75 decibels. The Commission thought
it should go before the Civic Association as well as the Place au Soleil
Homeowners Association to get their feedback. Commissioner Lyons asked
Mr.. Shubin if he would speak with Curtiss Roach, the President of the
Civic Association, and Mr. Shubin agreed to do that. Town Manager
Dunham stated he would get Mr. Shubin the contact information for Mr.
Roach and Mr. Snavely. Vice Mayor Stanley and Commissioner Orthwein
agreed the community should get behind this and then let the landscapers
know this may be coming with a transition time of six months to a year
with all possibly being in place with an Ordinance for the beginning of
the season in 2022.
6. Delray Beach Text Amendment
Assistant Town Attorney Nazzaro stated he had been in
contact with the Planning Department in Delray and would know by the end
of the day if the request to amend the Zoning District to include
motorcycle sales would appear on the October 18, 2021, Planning and
7
Minutes of Town Commission
Regular Meeting October 8, 2021 @ 9:00 A.M.
Zoning Board Meeting. He added the Town would be opposing this if it
appeared on the agenda.
7. CIP Mandatory Pre -proposal Meeting
Town Manager Dunham stated the Town had this meeting on
October 1, 2021, and the deadline for questions from applicants is
October 8, 2021. He added the RFQ submission deadline is November 8,
2021, and the short list notification for oral interviews is November
15, 2021, with it being on the December 10, 2021, Agenda for the
Commission.
B. Architectural Review & Planning Board
1. Meeting Dates
a. October 28, 2021, at 8:30 A.M.
b. November 18, 2021, at 8:30 A.M.
c. December 16, 2021, at 8:30 A.M.
d. January 27, 2022, at 8:30 A.M.
e. February 24, 2022, at 8:30 A.M.
f. March 24, 2022, at 8:30 A.M.
g. April 28, 2022, at 8:30 A.M.
h. May 26, 2022, at 8:30 A.M.
i. June 23, 2022, at 8:30 A.M.
Vice Mayor Stanley called attention to the ARPB dates.
C. Finance Director
1. Financial Report for September 2021
2. Water Usage as of September 30, 2021
Vice Mayor Stanley accepted the reports as submitted.
D. Police Chief
1. Activity for September 2021
Vice Mayor Stanley accepted the report as submitted.
X. Items for Commission Action.
A. ORDINANCE NO. 21/5; AN ORDINANCE OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING
THE TOWN CODE OF ORDINANCES AT CHAPTER 70, GULF STREAM DESIGN
MANUAL; ARTICLE V. AREAWIDE STANDARDS; DIVISION 1, GENERAL
ARCHITECTURAL STANDARDS; SECTION 70-100, ROOF AND EAVE
HEIGHTS; TO ADJUST THE PREFERRED ENTRY FEATURE, EAVE, AND
ROOF HEIGHTS FOR ONE-STORY HOMES TO COMPORT WITH WHAT WAS
PREVIOUSLY IN THE DISCOURAGED RANGE; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECCTIVE DATE. (2ND reading
and adoption)
Town Clerk Taylor read Ordinance No. 21/5. Commissioner
Orthwein made a motion to adopt Ordinance No. 21/5 on second reading.
Commissioner White seconded the motion with all voting AYE at roll call.
B. Engagement Agreement-Ward/Damon, Attorneys -Employment Matters
Assistant Town Attorney Nazzaro stated that the Gulf Stream
Police Department voted to unionize. He added that Mr. Peterson had
A
Minutes of Town Commission
Regular Meeting October 8, 2021 @ 9:00 A.M.
helped the Town navigate the specifics of the benefits and drawbacks of
unionization. The Town was pleased with his services and wanted to hire
him to handle contract negotiations with the labor union at the police
department. Vice Mayor Stanley agreed that he was well qualified.
Commissioner Orthwein made a motion to approve the Engagement
Agreement with Ward/Damon. Commissioner Lyons seconded the motion with
all voting AYE at roll call.
C. Items by Mayor & Commissioners
Town Manager Dunham stated the staff was wanting to remove
the step to the right of the dais to fit the audio/visual tower snugly
into that cove to make it more visually pleasing. Commissioner Lyons
asked if Town Clerk Taylor approved of this to which she answered in the
negative. She added that her concern was that it was compromising the
fire exit to which Town Manager Dunham stated he had the Fire Captain
come out and inspect this situation and he had given his approval.
Commissioner Lyons stated people dropping off and picking up
students were still driving fast and wanted to know if the police could
be more cognizant. Vice Mayor Stanley stated there were 60-80 new
families at the school that needed to be made aware of the traffic
routes and speeds, but the Chief, Headmaster and several of the parents
were making progress on getting everyone on the same page.
Commissioner Lyons brought up the recent accidents on the
Intracoastal and wondered if the Town needed to do some type of follow-
up. Vice Mayor Stanley asked where the Town was on No Wake Zones to
which Assistant Town Attorney answered that the Town did pass a
Resolution encouraging the regulatory agency to enact that. He added
that the Town could follow-up with that agency. Commissioner Lyons
stated he thought it was an opportune time to do so.
XI. Adjournment
Vice Mayor Stanley adjourned the meeting at 11:18 A.M.
Renee Basel
Deputy Clerk
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