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HomeMy Public PortalAbout10 14 2022 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION, OF THE TOWN OF GULF STREAM, ON OCTOBER 14, 2022, 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 K. Orthwein Commissioner Thomas A. Smith Commissioner Also Present & Participating: Absent w/Notice IV. Minutes Gregory Dunham Edward Nazzaro John Haseley Renee Basel Paul A. Lyons Town Manager Asst. Town Manager Police Captain Town Clerk Commissioner A. Regular Meeting of September 9, 2022 B. Tentative Budget Hearing of September 9, 2022 B. Special Meeting of September 21, 2022 C. Final Budget Hearing of September 21, 2022 Commissioner Smith made a motion to approve the minutes of the regular meeting and tentative budget hearing held on September 9, 2022, as well as the special meeting and final budget hearing held on September 21, 2022. Commissioner Orthwein seconded the motion with all voting AYE at roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items. Town Manager Dunham stated he would like to withdraw item IX. A. 1. from the Town Manager Reports. VI. Announcements. A. Regular Meetings and Public Hearings 1. November 10, 2022, at 9:00 A.M. 2. December 9, 2022, at 9:00 A.M. 3. January 13, 2023, at 9:00 A.M. 4. February 10, 2023, at 9:00 A.M. 5. March 10, 2023, at 9:00 A.M. Mayor Morgan called attention to the upcoming dates. Town Clerk Basel noted that November 11, 2022, was Veteran's Day and the office would be closed. She asked if November loth worked for everyone, Minutes of Town Commission Regular Meeting October 14, 2022, @ 9:00 A.M. which it did, so the November meeting was moved to November 10, 2022, at 9:00 A.M. Town Manager Dunham introduced the newest town employee, Lolita Basdeo, who was hired on October 1, 2022, as an accountant for the Town. VII. Communication from the Public (3 min. maximum) There was none. VIII. PUBLIC HEARING A. Declaration of Ex-Parte Communication There was none. Vice Mayor Stanley recused himself from voting on the application due to a conflict of interest. B. Administer Oaths Town Clerk Basel swore in Shane Ames and Nicholas Goldblatt. C. Applications for Development Approval 1. An application submitted by Ocean Avenue Custom Homes LLC, as agent for Benedetto DiCicco, owner of property located at 2775 Avenue au Soleil, Gulf Stream, Florida, legally described as Lot 93 Place au Soleil and 4-46-43. a. Special Exception under Section 70-72(b)to increase the maximum permitted FAR by 298 sq. ft. b. Level 3 Architectural/Site Plan Review to allow the construction of a new 7,268 sq. ft. Colonial West Indies single-family home with two -car garage and swimming pool. Mr. Shane Ames, Architect, gave a detailed PowerPoint presentation and noted the change that had already been made per the ARPB, which was making the three -car garage into a two -car garage with a golf cart entrance in the back. Mayor Morgan asked if the cupola was functioning to which Mr. Ames answered in the affirmative. Commissioner Smith asked if the two on the front were functioning to which Mr. Ames answered they were just decorative. Commissioner Lyons, who was present via video, thanked the applicant for building a one-story house. He added that he was troubled by the architectural style and thought it was more contemporary than Colonial West Indies, the pitch of the roof was too low, the picture window was too large, all glass front door did not fit, as well as the columns. Commissioner Lyons also thought it lacked decorative detail and shutters and, in the end, did not feel it met the Town Code. Commissioner Lyons did not think it needed the special exception. Commissioner Smith agreed that the special exception was not justified on a new build. He asked about the front door being all glass and did not think they were allowed per the Town Code. Mr. Ames stated it would not be a problem to make that change. Commissioner Smith did not think the dormers on the front fit with the architectural style and since they were decorative, he did not see the need for them. Mr. Ames explained that they were clear windows that you could not see in the rendering and that a green area was in front of them in the courtyard and 2 Minutes of Town Commission Regular Meeting October 14, 2022, @ 9:00 A.M. they would have a function. He added that the special exception was in the back and would not change the massing of the house from the front or the width. Commissioner Orthwein agreed that it looked more modern than West Indies and added that she was not a proponent of special exceptions when building a new house. Mr. Ames stated that it was a modern interpretation of Colonial West Indies. Mayor Morgan stated that the verticality of the windows and lack of shutters struck him as not being West Indies and thought they needed to bring it into more conformity with the Town Code. Assistant Town Manager Nazzaro gave direction as to the options the Commission could take. Commissioner Orthwein made a motion to send the application back to the ARPB with the modifications suggested by the Commission. Commissioner Smith seconded the motion with all voting AYE at roll call. Commissioner Lyons was concerned with the term "modifications" and wanted the applicant to know that a couple of tweaks would not be enough and that there were major changes that needed to happen. Mayor Morgan agreed that the modifications needed to be significant. IX. Reports. A. Town Manager 1. Roofing for Lot 2 on Bluewater Cove - this item was withdrawn. 2. Meter Re -Read Fee Town Manager Dunham stated that at one time the Town enforced an Ordinance in the Code Book titled "Field Visit Charge" which addressed re -reads on water bills, and he then read from the Code Book. He did not know why the Town stopped enforcing this but wanted to re- institute this Ordinance. Vice Mayor Stanley asked about the volume of re -reads to which Public Works Director Beltran answered between 20 and 30 per billing cycle. He added that it took 20 minutes per meter for him to get a data log read and then another hour to hour and a half of Executive Administrative Assistant Williams time. Town Manager Dunham stated he wanted to do another newsletter to the residents in November and would put this item into that so they would be aware. The rate was discussed, and it was decided to change the rate from $15 to $30 and Assistant Town Manager Nazzaro would amend the Ordinance to be read at the next meeting. Over -usage of irrigating lawns was discussed, and Town Manager Dunham noted that Mr. Beltran consistently spoke to landscapers about this issue. Mr. Beltran stated that some residents were watering every single day. It was noted that this should be put in the newsletter once again as a reminder to the residents of the watering schedule. 3. Hurricane Ian Impact on Town of Gulf Stream Town Manager Dunham stated that they suspected a tornado hit the Town of Gulf Stream and the weather service is investigating. He added that roof tiles came off Town Hall, the big tree on the front 3 Minutes of Town Commission Regular Meeting October 14, 2022, @ 9:00 A.M. lawn was uprooted, as well as other damage in Town. He added that they did have to shut down A1A for approximately four hours. Mayor Morgan asked if the insurance covered landscaping damage to which Mr. Dunham answered in the negative. During the process, it was found that the uprooted tree was infested by carpenter ants. Town Manager Dunham wanted direction from the Commission on what they wanted to do to replace the tree. It was decided to replace it with another branching tree. Mr. Beltran explained some options and costs. The Commission discussed some options and gave a cap of $12,000, including shipping, prepping, and planting and asked that Mr. Beltran bring choices with pictures and prices to the next meeting. B. Architectural Review & Planning Board 1. Meeting Dates a. October 27, 2022, at 8:30 A.M. b. November 17, 2022, at 8:30 A.M. c. December 22, 2022, at 8:30 A.M. d. January 26, 2022, at 8:30 A.M. e. February 23, 2022, at 8:30 A.M. Mayor Morgan called attention to the upcoming ARPB meeting dates. C. Finance Director 1. Financial Report for September 2022 2. Water Report for September 2022 Town Manager Dunham stated this was the year-end report and budget adjustments would be made in November that was standard protocol. CFO Tew noted that she had accidentally put an expense account twice, so there was an updated water fund report given to them. Town Manager Dunham thanked Commissioner Smith for finding that glitch. Mayor Morgan accepted all reports as submitted. D. Police Chief 1. Activity for September 2022 Captain Haseley asked that the report be accepted as submitted. Mayor Morgan accepted the report as submitted. Commissioner Smith asked if there was any way to regulate the noisy motorcycles on AlA, to which Captain Haseley stated unfortunately not. X. Items for Commission Action A. Ordinances Assistant Town Manager Nazzaro stated this was the first reading for the small parcel of land being annexed by the Town for the Pehota residence. He added that we were following the Florida Statute 171.044 - Voluntary annexation. Mr. Marty Minor was present and explained the annexation process and stated that this parcel was so small the only impact it was having was a positive one to the adjacent lot. He added that Clerk Basel would be notifying the County and the State for their records. 4 Minutes of Town Commission Regular Meeting October 14, 2022, @ 9:00 A.M. 1. ORDINANCE NO. 22/8; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA PROVIDING FOR THE ANNEXATION INTO THE CORPORATE LIMITS OF THE TOWN OF GULF STREAM, FLORIDA OF CERTAIN REAL PROPERTY CONSISTING OF APPROXIMATELY 707 SQUARE FEET, MORE OR LESS, GENERALLY LOCATED IMMEDIATELY SOUTH OF 996 PELICAN LANE; PROVIDING FOR AND AUTHORIZING THE UPDATING OF THE TOWN BOUNDARIES WITHIN THE TOWN CHARTER AND ALL OFFICIAL TOWN MAPS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE OF OCTOBER 14, 2022; AND FOR OTHER PURPOSES. (First reading) Town Clerk Basel read the ordinance. Commissioner Orthwein made a motion to approve Ordinance No. 22/8 upon first reading. Commissioner Smith seconded the motion with all voting AYE at roll call. 2. ORDINANCE NO. 22/9; 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 IV. SITE DEVELOPMENT REGULATIONS; SECTION 70-78. SEAWALL HEIGHT. TO INCREASE THE MAXIMUM PERMITTED SEAWALL HEIGHT; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE OF OCTOBER 14, 2022; AND FOR OTHER PURPOSES. (First reading) Town Clerk Basel read the ordinance. Commissioner Orthwein made a motion to approve Ordinance No. 22/9 upon first reading. Commissioner Smith seconded the motion with all voting AYE at roll call. 3. ORDINANCE NO. 22/10; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 14, ELECT IONS, SECTION 14-4, FILING REQUIREMENTS, BY ADJUSTING THE QUALIFYING PERIOD FOR CANDIDATES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE OF OCTOBER 14, 2022. (First reading) Town Clerk Basel read the ordinance. Commissioner Orthwein made a motion to approve Ordinance No. 22/10 upon first reading. Commissioner Smith seconded the motion with all voting AYE at roll call. Assistant Town Manager Nazzaro stated that moving the qualifying date was suggested by the Supervisor of Elections so that it would not be during the Thanksgiving holiday. He added that because of this date change, we would need to have a special meeting to make sure the second reading happened before the qualifying date of November 1, 2022. It was decided to have the special meeting on Friday, October 28, 2022, at 8:15 A.M. 5 Minutes of Town Commission Regular Meeting October 14, 2022, @ 9:00 A.M. Assistant Town Manager Nazzaro stated that the applicant for the rezoning in Delray Beach next to Place au Soleil filed a lawsuit claiming they were deprived of their due process rights. Delray Beach has decided to re -do the hearing with a quasi-judicial process instead of fighting the lawsuit with the first hearing being October 25, 2022. He added that he had already alerted some of the residents in Place au Soleil that had participated in the first hearing. B. Items by Mayor & commissioners There were none. XI. Adjournment Mayor Morgan adjourned the meeting at 10:01. A.M. r Bas 'ler 1.1