Loading...
HomeMy Public PortalAbout10 08 2021 Regular MeetingMINUTES 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 Roll Call Present and Participating: the Pledge of Allegiance. Thomas W. Stanley Paul A. Lyons Joan K. Orthwein Donna S. White Also Present & Participating: Gregory Dunham Edward Nazzaro Edward Allen Rita Taylor Absent w/Notice: Scott W. Morgan Vice Mayor Commissioner Commissioner Commissioner Town Manager Asst. Town Attorney Chief of Police Town Clerk 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 tile 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. 4 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 8 Renee Basel Deputy Clerk 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. 9