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HomeMy Public PortalAbout12 12 14 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY,DECEMBER 12,2014 AT 9:00 A.M., IN THE 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. The Pledge of Allegiance was led by Mayor Morgan. III. Roll Call. Present and Scott W. Morgan Mayor Participating: Robert W. Ganger Vice Mayor Joan K. Orthwein Commissioner Thomas M. Stanley Commissioner Donna S. White Commissioner Also Present and John Randolph Town Attorney Participating: William H. Thrasher Town Manager Rita L. Taylor Town Clerk Gary Ward Police Chief Danny Brannon Engineer Joe Pike Civil Engineer Mark Grant Attorney Richard Jones Architect Christopher O'Hare Resident Tony Graziano Resident Mark Marsh Architect Keith Williams Landscape Arch Paul Engle Surveyor Tom Laudani Developer IV. Minutes. A. Regular Meeting & Public Hearing 11 -14 -14 @ 8:30 A.M. There were no changes. Vice Mayor Ganger moved the approval of the minutes and the motion was seconded by Commissioner White with all voting AYE at roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items. Ci The Town Clerk asked to add Resolution 14 -17 under item XI B. and there were no objections. VI. Announcements. A. Regular Meetings and Public Hearings 1. January 9, 2015 @ 9:00 A.M. 2. February 13, 2015 @ 9:00 A.M. 3. March 13, 2015 @ 9:00 A.M. Town Commission Regular Meeting December 12, 2014 @ 9:00 A.M. 4. April 10, 2015 @ 9:00 A.M. 5. May 8, 2015 @ 9:00 A.M. Mayor Morgan called attention to the next meeting date of January 9, 2015 and asked if anyone had a conflict with this date and none were acknowledged. VII. Communication from the Public (5 min. maximum) C The Mayor asked if anyone wanted to speak and Mr. O'Hare was recognized. Mr. O'Hare stated: Thank you Mayor and Commissioners, if it hasn't been said yet, may I be the first Merry Christmas and the staff as well, and for any of you that are Jewish, Happy Chanukah. The Town has made a bunch of ascertains lately through Council and public meetings that my request for public records are somehow a scam I have perpetrated for the purpose of making money, extorting money from the Town. The Mayor has repeatedly called my claims in Court to be malicious and scandalous. The Town has publicly announced that I am somehow guilty of organized crime, really? The Town has a star witness Mr. Joel Chandler in this regard. And I have each sent you each recently, Mr. Mayor and each Commissioner an email from Mr. Joel Chandler that I have nothing to do with any of this, that I am completely innocent. I have suffered and continue to suffer from the Town's accusations and Mr. Mayor I would like to give you this opportunity, given Mr. Chandler's email and given the lack of any evidence that I have anything to do with organized crime for you to publicly retract that accusation now and stop this continued suffering and damage. Mayor Morgan: Let's let the facts play out, Mr. O'Hare, and let's let the law play out as well. Mr. O'Hare: Play out is very expensive sir. Mayor Morgan: Thank you Mr. O'Hare. Any other comments from the public. Mr. Tony Graziano was recognized and stated his name and address. He O stated that this morning he would like to make some comments not only on his own behalf, but on behalf of the Town of Gulf Stream Civic Association. He advised that Mr. Bo Delafield, President, couldn't be here this morning, so he asked him to express on behalf of the Association a profound thanks to the Staff for the very difficult year they have had to deal with. Let's face it, in 2014 the Staff has had to deal with over 1,000 public record requests. They have had to deal with a flood of lawsuits, all of which in the view of the Civic Association, are warrantless and frivolous. They have had to 04 Town Commission Regular Meeting December 12, 2014 @ 9:00 A.M. deal with some inappropriate situations at Town Hall which resulted in the installation of additional security features and he also understands that one of our nice police officers has been accused of a racist comment. All of this puts incredible pressure on our Town employees and they, at the Civic Association, applaud them for how they have handled it. The Town of Gulf Stream is really a wonderful place to live and I think that almost all of our residents, except Operhaps two, appreciate just how wonderful a place it is and how great our employees are. So from those who do support you, thank you for a great year, we look forward to even a better 2015. And since this is the last Town Commission Meeting before the new year, Merry Christmas to you all and Happy New Year. Unidentified resident stated she has nothing to say but Merry Christmas. Mayor Morgan asked if there were any ex -parte communications relative to the applications. There were none. VIII.PUBLIC HEARING A. Applications for Development Approval 1. An application submitted by Mark Marsh, Bridges, Marsh & Associates, as agent for Richard J. Viens and Patricia E. Werhahn, the owners of property located at 1424 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as Lots 10 and 10A McLouth Subdivision. a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit construction of a partial 2 -story Anglo Caribbean style single family dwelling with a cabana and a 3 car garage, a total of 12,710 square feet, and a swimming pool. Commissioner Stanley left the room after declaring a conflict of interest in regard to this application, in that his law firm, McMillen & Stanley, handles various legal work for the Viens. The Town Clerk swore in Mark Grant, Paul Engle and Tom Laudani Owho indicated they would be speaking at the public hearing. Mark Marsh, Bridges Marsh & Associates and Keith Williams from Nievera Williams, Architects representing Richard Viens and Patricia Werhahn on the property at 1424 N. Ocean Blvd., Gulf Stream, Florida introduced themselves and Mr. Marsh advised that they had made a visual presentation and presented it to the ARPB, receiving unanimous approval. He stated that the property is compliant in every form. 3 Town Commission Regular Meeting December 12, 2014 @ 9:00 A.M. Keith Williams of Nievera Williams Design visually presented and explained the hardscape and all of the landscaping, pointing out the pool with water flowing over a rock formation, a fire pit, and a secret garden with a koi pond. Various questions from the Board Members were asked and their comments were favorable. Mr. Marsh called attention to the breakfast area, pointing out that C it overlooks the secret garden and has a copper roof as opposed to the grey tile roof on the remainder of the structure. He added that the body of the home will be a light cream color with teal shutters. Vice Mayor Ganger stated he thought that this is a good example of what Gulf Stream should aspire to be when homes become obsolete or for any other reason, adding that this improvement is staggering and he gave his compliments to the owners and to all involved. Mayor Morgan stated that the house was complimentary to the lot and is wonderfully tasteful. Mr. Marsh said the structure is 10,000 sq. ft. living and 2,000 sq. ft. garage and service area and the gardens and surrounding landscaping are wonderful. Mayor Morgan asked if there were any other questions. Commissioner White made a motion to recommend approval of a Level 3 Architectural Site Plan with one condition: Any minor modifications in the landscape plan 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 by Nievera. Vice Mayor Ganger seconded with all voting AYE at roll call. B. Petition for Abandonment of 5 foot easement and replacement with a dedication & grant of a 10 foot easement at 3140 Polo Dr. - Thomas D. Laudani, Mgr. of 3140 Polo, LLC 1. Resolution No. 14 -16; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, VACATING AND ABANDONING A DRAINAAGE EASEMENT WITHIN THE NORTH 5 FEET OF LOT 7 AS SHOWN ON CTHE PLAT OF GULF STREAM COVE, AS RECORDED IN PLAT BOOK 24, PAGE 185, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA (LOT 7), AND ACCEPTING AN ALTERNATE DRAINAGE EASEMENT WITHIN THE SOUTH 10' OF LOT 7. The Town Clerk swore in Mr. Richard Jones, Architect. El Town Commission Regular Meeting December 12, 2014 @ 9:00 A.M. Mark Grant, advised that he is the attorney for 3140 Polo LLC, the owner of one of the lots and counsel for Seaside Builders, the contractor who will be working with the owner of the other two lots that are the subject of this matter, explaining that 3140 Polo LLC is the owner of Lot 7 and he was here to ask the Town to abandon a 5' drainage easement along the north property line and accept in replacement for it a 10' drainage easement along the south property line. He stated that Joe Pike who is the engineer would be able to advise that the current easement is not being used and probably will never be used. He advised that they were going to give in replacement of the 5' easement a 10' easement for drainage purposes should the Town ever need it. He said this should not be a complicated matter with respect to the easement, but he does know that there have been some concerns about what's going to happen when the easement is moved and the three lots will then be owned by one owner and what is going to be built on the property. He indicated that he had a letter from the owner of the other two lots that authorizes him to advise that the intention is to come back to the commission to re -plat these 3 lots into 2 lots. The new two lots would have two new homes on them and the coverage on the new lots to be created would be approximately 22% of the larger lot and 25% of the smaller lot, he said. He explained that they were not here to ask for approval of anything with respect to the new homes proposed, but are here on behalf of the applicant and the owner of the other two lots to commit that they are not going to build one large house on three lots. Mr. Grant introduced Richard Jones to show what they are planning to do with these three lots in the future. Mr. Jones, Richard Jones Architects, showed a site plan of the exact position of the lots as they are now at the intersection of Polo Drive and Palm Way. He said that approval had previously been given to construct a 3,600 square foot home at 3140 Polo Drive and demolition has started on that lot. He added that directly adjacent to that lot is the double lot, 3180 Polo Drive, that's on the corner and has existing structures on it that will eventually be demolished should a new home be proposed and approved. He showed on the map an existing 5' easement between 3140 and 3180 Polo, and Joe Pike, Civil Engineer from Environmental Design, advised that there is nothing within that easement and due to the slope of the road, .there is no need for a drainage structure there. He also pointed out on the map the proposed location of the new 10' easement that Mr. Laudani proposes. The purpose of moving the easement is to allow a re- platting of the 3 lots by moving the north property line of 3140 farther to the north, redistributing the property to create two independent lots from the existing property, he said. With two independent lots it will allow the design of two homes both of which will comply with the required floor area ratio, set back and open W Town Commission Regular Meeting December 12, 2014 @ 9:00 A.M. space. They will have a three car garage for the 3140 house exiting out on to Polo Drive and a two car garage for 3180 Polo Dr. exiting out around the corner on Palm Way. Mr. Jones advised that lot coverages proposed are 22% on the larger lot which is 28,612 and 25% on the smaller lot which is 16,509. The layout of the houses depicted on the site plan show both the conceptual ground floor footprint and the conceptual second floor footprint with the majority of the square Qfootage on both houses being on the ground floor. The second floor is minimized to secondary bedrooms and they would have a complimentary design of Gulf Stream Bermuda or Colonial West Indies, he said. It would be two independent designs and each would be totally self - sufficient as an independent structure conforming to all the LDR's for the Town of Gulf Stream. In answer to a question from Vice Mayor Ganger, Mr. Jones said the minimum size of a lot required in that area is 16,000 sq. ft. and the smaller lot is 16,509. They are providing the FAR calculations of .33% on the smaller lot the combination of .20% and .33% on the larger lot with both being at or below the maximum permitted. He explained they are seeking to relocate the easement to make it possible to move the north property line of 3140 Polo Dr. to the north in order to position a proposed home to take advantage of the view across the cove. Commissioner Ganger asked what might go wrong in the future with moving the easement, commenting that he had spoken with Mr. Pike the previous evening regarding this matter. At this point Town Manager Thrasher asked if there were any other ex- parte communications. Commissioner Orthwein advised that she spoke to Mr. Laudani about separating the two lots and about dividing them up into two. Commissioner Stanley stated he has run by the property several times. Mr. Thrasher asked if there are currently three lots or two lots platted and Mr. Grant answered that 3140 is one lot, number 7, and O 3180 is platted as two lots, numbers 5 and 6, with the one existing home built on the two lots. In addition, he advised that there are no records to indicate that a unity of title was ever recorded on this property. A question was asked by Vice Mayor Ganger if this puts the Town at risk if a document is subsequently found and is this something the Commission shouldn't do? F Town Commission Regular Meeting December 12, 2014 @ 9:00 A.M. Attorney Grant saw no future problem related to the unity of title question. In answer to Vice Mayor Ganger, Attorney Randolph advised that what could go wrong was that if this plan didn't go through and the new owner decides, once this easement is abandoned, to use both lots for one house. Attorney Randolph went on to advise he had spoken to Mr. Grant before this meeting and asked him what assurance he can give this commission that that will not happen, that indeed he would go forward with the plan as proposed. Attorney Grant confirmed this conversation and repeated that on behalf of the applicant and the owner of the property, he was committing not to do one house on these three lots, that the plan is to come back with a re -plat into the two lot formation that Mr. Jones described, and then come back with the design that fits all the Town's requirements. Attorney Randolph stated that you will agree, in the event if someone does come back with a house for the whole plot, one house on the two lots, that the Town could turn that down, that there would be no challenge to that. Mr. Laudani advised absolutely, that's not his intention. Mayor Morgan advised of another ex -parte conversation in which he spoke to Mark Grant this morning and he reiterated that very same comment to him. Vice Mayor Ganger stated that he was going back to the question that he asked and then interrupted himself. He said he was asking Joe Pike what the purpose of the 5' easements were since it has been stated they serve no useful purpose. Mr. Pike advised that that was correct and that it was an unoccupied easement and right now there are no pipes subsurface, and the best reason he could figure for that was that it's not located at the low spot of the road. Roads are designed in an undulating fashion and drainage is placed in the low spots where they go out to the C' Intracoastal. To the North there were existing inlets along Palm Way and Middle to the South and those go into the Intracoastal now, he said. The only conceivable use he could see for this easement is if for some reason one of those became unserviceable, collapsed and you couldn't repair it, this could be used as an alternate outfall if you ran pipes to it and conn ected those other inlets to them. Years ago these five foot easements were commonplace in the plans that he had seen from the 50's and 60's and they've come to realize that they are 7 Town Commission Regular Meeting December 12, 2014 @ 9:00 A.M. not very functional if you need to repair or dig up a pipe because you can't get a piece of equipment back there. He said he had suggested a 10' easement which is common these days, Mr. Laudani was happy to oblige, and the Town will be getting a more functional easement if it is ever needed. Commissioner Stanley suggested that another option would be to have Q them come back with the re -plat and the easements as all part of one application. Paul Engle with O'Brien Suiter & O'Brien believed it would be a cleaner way if the easement changes were made prior to the re -plat so they would be in the correct location at the time the property is re- platted and recorded. He said that having all of the changes recorded on one document rather than having separate instruments would be a benefit for anyone doing a survey and searching records in the future. In answer to a question from Vice Mayor Ganger, Mr. Engle stated that Polo Drive slopes downward from the corner of Palm Way which would place the proposed relocation of the easement at a lower elevation than that of the existing 5' easement. Mr. Tom Laudani asked to speak and was sworn in by the Town Clerk. He stated that he agrees completely with what Paul Engle pointed out. He then asked that the abandonment not be delayed since there is a contract to sell 3140 with the closing set for the following week with the movement of the easement being a condition of the closing. Attorney Mark Grant stated that in addition to that, if he might bring up the concept plan, his offices were already preparing the site plans for the two independent lots based on this concept plan that will be submitted on the 22nd of December for the official re- plat, or lot split, and he did not believe there to be any thought of the two independent houses becoming one. Mr. Laudani advised that he had a couple of points of clarification. He said that he knew that the Town of Gulf Stream was always very Gconcerned about what people were doing and who was moving into the neighborhood and what the intention of the developer, like myself, was doing. He stated that he developed the Spence property down the road and he's always tried to do exactly what they told the Town they were going to do and has had several meetings with Mr. Thrasher and Rita Taylor on anything that came up. Mr. Laudani advised this is a piece of property that's being sold to a gentlemen and his wife who are residents of Gulf Stream, and that he has a written signature 8 Town Commission Regular Meeting December 12, 2014 @ 9:00 A.M. from the buyer that this property will not be divided into one large parcel. Mr. Randolph stated that the plat that he's anticipating bringing back is to divide the property that we're looking at, which is essentially two lots, and subdividing it somewhat differently. 0 Mr. Randolph asked if it was his intention to purchase an additional property to the west and then consolidate those two properties. Mr. Laudani advised no, and that he'd even give an agreement to the Town to that effect. He said he has no intention of doing anything further than what he's doing here and has no intention of creating one large lot. Mr. Grant said there was one other thing he would like to bring out. These were three platted lots and if they ever tried to come back to make it one, the Town could turn it down. He added that there is no unity of title of record on any of these lots. Mr. Randolph asked if he would have any objection to this being approved subject to the comments made by the applicant today that are on the record. Mr. Grant said no, that's fine. It's subject to the wording that I would like you to use as a condition. Mr. Ganger asked if the two designs could be done simultaneously so that the neighbors who are going to be looking at this holistically as a totality say yes? Mr. Laudani said that they are both going to be submitted simultaneously and are both going to be designed to be relatively compatible in the overall architectural scheme so that when they come in for approval, there will be no problem with approving them together. Mr. Laudani added that he's going to cooperate in any way he can and that certainly his intention was not to interrupt the charm and the character of that section of Gulf Stream which is basically what he considers to be a very attractive area. Mr. Grant stated that the approval would be subject to the comments and commitments that were made today. Mr. Laudani stated that it was fine with him. Mayor Morgan asked Commissioner Stanley for his thoughts as an attorney who does this sort of work. E Town Commission Regular Meeting December 12, 2014 @ 9:00 A.M. Commissioner Stanley commented that it has been represented there is no unity of title on these lots which gives the Town a little more control over the situation. Mr. Laudani advised Commissioner Stanley that one of the two platted lots on the Schultz parcel did not conform to the minimum required lot size and as such is not buildable on its own. Mayor Morgan asked if there were any questions for Mr. Laudani or Mr. Grant or any comments from the public. There were no questions or comments. Mayor Morgan asked Mr. Randolph to explain the procedure since there is both a petition and a resolution to consider. Mr. Randolph advised that the procedure would be to have the Clerk read the resolution and approve the resolution of abandonment if that stands up to be the desire. Attorney Randolph further stated that if that is the Commissions desire, it should be passed subject to the representations and commitments that have been made by the applicant here today. Mayor Morgan asked Town Clerk Taylor to read the resolution. The Town Clerk read Resolution 14 -16 by title. This is Resolution 14 -16. The Resolution of the Town Commission, Town of Gulf Stream, Palm Beach County, Florida vacating and abandoning a drainage easement within the north 5 feet of lot 7 as shown on the plat of Gulf Stream Cove as recorded in plat book 24 on page 185 public records of Palm Beach County, Florida lot 7 and excepting an alternate drainage easement within the south 10 feet of lot 7. Town Clerk stated that this is being presented today this 12th day of December, 2014. Mayor Morgan asked if anyone had a motion to approve. Commissioner Orthwein moved to approve Resolution #14 -16 subject to the statements and considerations made public today at this meeting and Commissioner Stanley seconded the motion with all voting AYE at roll call. Mr. Randolph advised Mr. Grant that he could record the easement just making sure we see the signed document. 10 Town Commission Regular Meeting December 12, 2014 @ 9:00 A.M. IX. Reports. A. Utility Undergrounding - Danny Brannon (Engineer) Danny Brannon from Brannon & Gillespie presented a package that indicated the project is still on budget and that Phase I is very close to wrapping up. The highlight of some of the things currently Cgoing on is FPL providing a design and a binding cost estimate, he said. They anticipate the costs to be higher for Phase II and were supposed to have the numbers and design to us by early November, but as of yesterday they were still trying to figure it out. Mr. Brannon talked to project manager John Lear of FPL yesterday and they are anxious to get this done. He said he thought that maybe he would have this thing by the end of the day, but he's expecting it no later than the end of this month. Vice Mayor Ganger commented that we've lost another month and Mr. Brannon advised that that would be correct. Commissioner Stanley asked if FPL is worried about a more complex directional bore and trenching in Phase II as opposed to the long runs in the south dig with more houses up here and more meandering or is it something totally unrelated? Mr. Brannon stated that in his experience and as time goes on, their level of expertise and their level of seasoned veterans has diminished and they're not there anymore and so they have new people and downsized a lot of their staff. They started out with 16,000 people when he worked with them and now down to 10,000 or 11,000. They had a very high level of college engineering graduates and they tried to go to a less expensive manpower level and he found that their expertise is not anything close. Vice Mayor Ganger reminded that we signed the check on December 12, 2013 for the telephone portion of the south end and it is now past a year that they have had our money. He wondered if we shouldn't have somebody from the telephone company come here and present to us why it is taking so long. OMr. Brannon advised that we are about to execute Comcast payment of $105,907. The original Comcast bill was $81,000. By paying the AT &T in advance we have avoided price increases. Mayor Morgan asked Mr. Brannon what leverage we had or what options we had to bring them out to do the work for us for which they have been paid. 11 Town Commission Regular Meeting December 12, 2014 @ 9:00 A.M. Mr. Brannon advised that they cannot do the work until our contractor provides the actual as built construction drawings so they will know exactly where the pipe has been placed in the ground. He further advised that he should be getting them by next week and they will go to Comcast and AT &T. Mayor Morgan asked if there were any other questions and there were O none. B. Town Manager - No Report C. Architectural Review & Planning Board 1. Meeting Dates a. December 18, 2014 @ 8:30 A.M. b. January 22, 2015 @ 8:30 A.M. C. February 26, 2015 @ 8:30 A.M. d. March 26, 2015 @ 8:30 A.M. e. April 23, 2015 @ 8:30 A.M. D. Finance Director 1. Financial Report for November 2014 Mr. Thrasher advised that he had one comment that was not reported in this report and is very relevant. It is that we have received almost 1.2 million dollars in ad valorem revenues, and that's a real comfortable feeling at this point and time with no need to cash in or make any changes in the financial structure. He advised that that represents maybe 30% of the total ad valorem revenue. Vice Mayor Ganger asked if these were the prepaid taxes that had gone through the system and paid to us by the County. Mr. Thrasher advised yes, that they were ad valorem revenues that we had received from the County. He didn't know what portion had been prepaid through mortgages, etc. He thought the Commission should know that, considering the financial challenges that have been incurred. He stated that going towards December, it can get very tight if we haven't received those revenues. He also advised that we count on ad valorem revenues very materially and that we've gone beyond that point, as we have them in the bank. Mayor Morgan asked if there were any other questions for the finance Odirector. Christopher O'Hare was recognized and stated the only place in the financial report that he saw legal services is on page 4 and asked if it appears in some other place. He said that this figure of $74,000 did not make sense to him, he thought we were closer to half a million spent between Sweetapple, Richmond, Jones Foster, etc. 12 Town Commission Regular Meeting December 12, 2014 @ 9:00 A.M. Mr. Thrasher advised that a new fiscal year started on October 1, 2014 and that half million dollars he might have been referring to was in the last fiscal year. Mayor Morgan asked if there were any other questions. There being none, the reports were accepted as submitted. E. Police Chief C 1. Activity for November 2014 Police Chief Ward advised that in response to numerous complaints received by our residents with regard to the destruction and damage caused by the ongoing construction here in Town, especially the core area, the Mayor had suggested that we step up our enforcement in this area and we have done so to the point where we will now be able to issue citations for violations that result in these complaints. They will all be centralized on the construction sites and damage caused off site as a result of the construction. There will be a first violation warning situation with the second violation resulting in a $250 fine and then progress upward. He stated that he has used the Construction Handbook to provide the opportunity to do this because all the responsibilities of the builders and contractors are outlined in that handbook and they would be responsible for the citations that are issued. He believed this to be a good improvement, something he had been wanting to do for quite some time. A number of years ago he and Mr. Randolph worked together on doing this very thing, only to be thwarted by the Courts with some obstacles that we couldn't overcome at the time. But presently we are moving forward and should be in a position to utilize this process very shortly, he said. In answer to a question from Vice Mayor Ganger, Chief Ward advised that none of these fines would be taken from the construction bond but would be paid out of pocket. Commissioner Stanley asked the Town Attorney if the CO would be held up if there were unpaid citations. He commented that they usually are mutually exclusive and asked if that would come into play. Attorney Randolph stated that they usually are mutually exclusive, but he didn't think the CO could be held up on that basis. He asked if, under the manual, a stop work order could be issued if the C} violations continued. The reply was yes by Chief Ward and Attorney Randolph said that would be our leverage, if we gave these warnings and tickets and they were not paid, we could issue a stop work order on the job. Chief Ward requested that the activity report for the month be accepted as submitted. It was accepted and submitted by Mayor Morgan. 13 Town Commission Regular Meeting December 12, 2014 @ 9:00 A.M. X. Correspondence A. Resolution No. 228 -14- 14322; A Resolution of the City of South Miami ( "City ") calling for a South Florida Sea Level Rise and Climate Change Congress that will include local, state, and federal elected officials meeting to propose constructive solutions to sea level rise and climate change. CVice Mayor Ganger stated that the resolution wasn't for us, that it was a letter that came from South Miami expressing their resolution which he would be happy to comment on. Mayor Morgan asked what the point was of it being on our agenda. Vice Mayor Ganger replied that when we receive a letter from another municipality, we put it in the package so that we know what they have done for us. The Town Clerk advised that they had asked it to be distributed to all the Commissioners. Vice Mayor Ganger also said that they didn't ask for any action and that this was just a call for awareness. Mayor Morgan advised that he thought it called for participation of the municipalities in this Congress. Vice Mayor Ganger replied that it would eventually, and that it was not their responsibility to tell us or ask us to participate in a multi county effort. He said there was a plan they put forth. He stated that this County is about 1 1� feet above sea level and has the highest risk and he could understand why they wanted a clarion call that we all have to get together and deal with a challenge which is, at this point and time, only partially proven. In other words, there are some areas that are flooding very badly and that action needed to be taken. The bigger picture is over a long period of time, what should we, as combined communities, be doing to protect ourselves from rising sea levels and climate change, if we believe that climate change is why sea levels are rising in the first place. He stated that this is a very complex subject and it's not something that they are prepared (he thinks that as Gulf Stream we're prepared) to do much more than to just continue to be involved in as many of these programs as we can and that he is. He stated that the coalition is, as we sit on a task force that is centered in Delray and is far more particular to our higher elevation. The Vice Mayor pointed out that our limestone is different from the limestone down there and we're not exactly the same but we share a common issue and the issue for us 14 Town Commission Regular Meeting December 12, 2014 @ 9:00 A.M. is more the sanctity of our drinking water. He stated that as sea levels rise from underneath our drinking water becomes more saline and over time we're going to have to do some things. But, we're not going to have to do it, Delray will have to do it because Delray supplies our water. So we will participate with them to provide support and in some cases, incite to the differences between one municipality verses another. He believed that this was a good idea Ofor them to alert us to what they were doing but felt we could have found out just as easily by reading the newspaper. Mayor Morgan thanked the Vice Mayor for elucidating that and said he had been a little confused by it, but he did take the initiative of reading their plan, and as long as it was, it did call, as he read it, for considerable interaction from local municipalities and municipal offices. However, he appreciated being kept advised as to what others are doing. Vice Mayor Ganger replied that he may end up going to that congress because they would like to have a representative from every municipality and he thinks it's interesting. He believed we need to be kept informed and focused to economic issues to prepare for inevitable increases in the price of flood insurance and ensure that FEMA and the people that are responsible for the assessment of the risk that we're going to be taking are informed that we are working on mitigating those risks as best we can and therefore don't keep raising our flood insurance rates beyond that which is appropriate. Mayor Morgan advised that is part of the resolution 14 -17 that will be discussed in a few minutes. XI. Items for Commission Action. A. Items by Mayor and Commissioners. Mayor Morgan advised that he had an item. He stated that as all know, on behalf of the Town, he filed complaints before the Bar against members of the O'Boyle law firm for unethical misconduct and against Jonathan O'Boyle specifically for unlicensed practice of law. He stated doing that and that he always considered it, he didn't think there was any question about it, the implicit direction of this O commission to work with our attorneys or special counsel and our existing Jones Foster law firm, in defending the cases against us and advancing all claims that the attorneys felt were necessary. He stated that the counsel for Mr. O'Boyle had raised a question of that saying that the Mayor was not authorized by the commission to file those complaints. He states that he didn't think it is an issue, but wants to make sure we cover all bases. He is requesting a retroactive commission approval of his submission of these complaints 15 Town Commission Regular Meeting December 12, 2014 @ 9:00 A.M. to the Bar Association and he would like to have that discussed now, and stated that perhaps Mr. Randolph could touch on it. Mr. Randolph stated that as the Mayor has indicated, he believes it was implicit by his previous action to authorize the Mayor to take such actions. But because the issue has been raised, he thought it would be appropriate for the Commission to ratify retroactively the actions that have been taken by the Mayor in that regard. To be specific what we would look for is a motion that the Town Commission ratify Mayor Morgan's August 25, 2014 filing of a complaint against the O'Boyle law firm, William Ring, Giovanni Mesa, Nicholas Taylor, Rhonda Williams and Ryan Whitmer with the Florida Bar's Attorney, Consumer Assistance program, ACAP, and a complaint against Jonathan O'Boyle with the Florida Bar's Unlicensed Practice of Law Division, he said. Included in that motion would also be that the Town Commission authorizes Mayor Morgan and /or the Town's legal counsel at Jones, Foster, Johnson & Stubbs PA, Richmond Greer PA and Sweet Apple Broker and Vargas PL to communicate with ACAP, the Florida Bar and counsel for the respondents on behalf of the Town in regard to those complaints. So if the Commission wishes to ratify that action based upon previous direction, such a motion would be appropriate. Vice Mayor Ganger advised that he had a comment first, then a Motion. He believes personally and he believes his colleagues all accept that implicitly, way back over a considerable period of time, this is precisely what we had expected to have happen and, therefore, he thinks that the complaints are kind of procedural. He moved that that motion as stated by Attorney Randolph be accepted. Commissioner White seconded the motion. Mr. O'Hare stepped forward to make a comment and said that for years Jones Foster had represented this Town without an agreement and at a public record request, no agreement exists. He states that's an ethics violation of the Florida Statutes and that he's glad you're finally fixing that and it's about time. In regard to retroactively covering your sunshine Violation, I don't think that's going to work. Thank you. Mayor Morgan thanked Mr. O'Hare. The Town Clerk continued with the roll call with all voting AYE at roll call. Mr. Thrasher asked to make a comment and advised that in regard to that topic. He said he sat through those meetings and it was certainly his understanding as Town Manager that it was your responsibility to act 16 Town Commission Regular Meeting December 12, 2014 @ 9:00 A.M. in a manner that you thought would protect our Town, which he thought you did. In no way did he feel as though he should have stepped forward and signed anything of that nature. His understanding of the meeting and his understanding of the actions that the Mayor had taken were exactly what was asked of the Mayor, he said, and in that regard he thanked him. C' Commissioner Orthwein commented that she agreed with Mr. Thrasher, and that they talked about it at a meeting and gave Mayor Morgan explicit directions to be at the head of the Commission for their litigation, and she believed he was acting exactly as he should have. Mayor Morgan thanked Mr. Thrasher and Commissioner Orthwein. B. Ordinance Section 70 -71 -C Mayor Morgan advised that this Ordinance was a modification of Town Code which was passed not too long ago that gave incentives to builders and architects if they created more interest in the design of homes. It was to grant them additional square footage. That has not borne out the way we wanted it to bear out as was indicated by some of the homes that have gone up recently. He stated that Mr. Thrasher could explain better than he could as to what the issues were. Mr. Thrasher advised that it relates to the intent of the incentive which was to create architectural elements within a two -story structure that in essence did not make the home appear as though it was a big, large block. He advised that some architects are very creative and they have used this technique to, in essence, just add 5% more square footage to the home that they proposed. He stated there are examples that he could articulate, but he will not go in that direction unless asked, but believes that this particular section of Code has been added should be repealed, or at least reviewed, and so until that is discussed at the ARPB and ultimately back to the Commission, he believed some kind of action should be taken to see that this sort of building doesn't take place in the near future. Commissioner Orthwein commented that she had expected to see some O more architectural features and some creativity and all that has been accomplished is more massiveness. She asked if there was any way that this can be reworded that would encourage creativity. Mr. Thrasher stated that it is possible, but a review is needed. Now it's open for interpretation and it goes back to an idea or concept that some architects respect the intent of the Code. He stated that it may not be literal, but that they respect the intent of the Code and actually augment their architectural design to align with that. 17 Town Commission Regular Meeting December 12, 2014 @ 9:00 A.M. He pointed out that the Code actually refers to any portion of the multi -story that is set back. A design can be that you have this two - story home attached to a garage by a structured trellis element, making the entire thing a single family structure. He also states that they can set back the garage and the whole front part, the main mass could be close to a block design. CMr. Randolph stated that he thinks the options were to eliminate this entirely or come up with some other language that is better worded and provided incentives and still protected the Town against massiveness. Mayor Morgan asked what the procedure would be to address this. Mr. Randolph advised that if the Commission was in favor of moving forward with such a study that, as they have done in the past when an item has been put under study, you can declare zoning in progress to protect against people coming in after that had been announced attempting to take advantage of that provision. He stated that had been done in the past in regard to study items and if the study is approved, a motion to do so may be made and zoning in progress declared during the period of the study so as to preclude any permits from being granted which are in contravention of the intention of the study. Commissioner Orthwein stated she agreed with that. Mayor Morgan asked if the ARPB should be directed to revisit it or does it come directly. Mr. Randolph stated that once the decision is made to revisit it that would be implicit, but you can sure say to direct the ARPB to revisit this issue. Mayor Morgan stated that he was in favor of having the zoning in progress while this was evaluated and to have the ARPB look at it and make a decision as to whether it should be repealed altogether or whether it can be modified in terms of its language to better effectuate the goal that we're trying to achieve here. Commissioner White asked for the number of the Code Section that is being referred to and Town Manager Thrasher replied that it is 70- 71(c) Incentive floor area ratio. 18 Town Commission Regular Meeting December 12, 2014 @ 9:00 A.M. Vice Mayor Ganger asked if there were currently submissions that would be affected by this and he assumed that nothing changes for something that's already in the file. Attorney Randolph advised that anybody who is already in the loop would not be affected by the zoning in progress. oVice Mayor Ganger thought this would be a multi month issue to write a Code that truly describes our intent. He stated that this is happening in every town in America, not just happening here. He stated that he completely agreed and that we should go back to where we started and say it wasn't working the way we wanted it to be and try to be as clever as we can. Attorney Randolph stated that he thinks it is important for the record that it be said the intent is to eliminate this particular provision during the study, while we are looking for an alternative, if there is an alternative. Vice Mayor Ganger added, and then take the time to do it as best we can and get as many experts as we can. Commissioner Orthwein asked who would do something like that, our consultants? Mr. Thrasher stated that's where he would go first, explaining to them the language problem and start there. Vice Mayor Ganger said he would say that with this problem you would want to bring in a fresh set of eyes to see whether or not there's another solution. Commissioner Orthwein stated that she thought it was so nice when an architect comes in like today to get them benefit. But, she stated, then one comes in and abuses the situation and puts up block homes. She hoped there could be some kind of language to give architects incentive to do creative designs and details, as she thought details are important on homes. Commissioner Ganger stated that another option is to eliminate the words incentive, benefit, bonus, whatever it is and saying now look, this is what we want and we're not going to give you extra credit for what we want. Do what we want or else. Mayor Morgan stated that the problem was incentive, giving more square footage may have been the wrong incentive because it brings out the worst in people. He suggested perhaps there is another 19 Town Commission Regular Meeting December 12, 2014 @ 9:00 A.M. incentive, he didn't know what, but maybe that it's just appealing to the good nature of our code that we want these things done a certain way and spell out what is preferred and that's what we should tell them. He stated that he thought Bob may be right to bring in a fresh set of eyes to give some advice. Mr. Graziano asked the Mayor if he would accept a comment from the O public. Mayor Morgan said he would indeed. Mr. Graziano stated that he didn't mean to insult Mr. Randolph, but as somebody who practiced law for 40 years, he could tell you that you cannot draft an ordinance with a bonus that could be so carefully drafted and so perfect that an aggressive architect aided by sophisticated counsel would not get beyond what you intend. He would urge you to just drop it entirely otherwise you're going to be here another one or two years from now facing the same problem that a couple of sophisticated architects aided by sophisticated counsel have found a way to achieve without giving you what you want. Mr. Randolph stated that he was not insulted and that's why he said he thought it should be stated on the record that the purpose is to eliminate. Mayor Morgan stated that he tends to agree with Mr. Graziano and Attorney Randolph. He stated that he is so disappointed with this ordinance that everyone spent so much time trying to craft to have it abused. Mayor Morgan asked if there were any other comments. Commissioner Orthwein moved to amend the ordinance so as to eliminate this incentive provision which is incorporated within 70- 71(c)and /or study an alternative, but in the meantime while the study is undergoing, to declare zoning in progress directing that no building permits be issued in contravention of what is the stated intent of the Commission. Vice Mayor Ganger seconded the motion and all voted O AYE at roll call. C. Resolution 14 -17 This is a Resolution of the Town Commission, Town of Gulf Stream, Palm Beach, Florida authorizing the Town of Gulf Stream to approve and adopt the 2015 revised Palm Beach County Local Mitigation Strategy Plan and provide an effective date. It is presented for adoption this 12th day of December, 2014. 20 Town Commission Regular Meeting December 12, 2014 @ 9:00 A.M. Mayor Morgan asked if there were any comments regarding the Resolution, or any questions, and there were none. Motion to approve Resolution 14 -17 was made by Vice Mayor Ganger and seconded by Commissioner Stanley with all voting AYE at roll call. Vice Mayor Ganger stated that he had a brief comment using the word i� resolution as the starting point. At our last meeting we had a v resolution with respect to keeping Palm Beach County as part of the Treasure Coast Regional Planning Council. The risk was that the County Commission already voted 4 to 3 to move to South Florida and to basically abandon 38 years relationship with the Treasure Coast. We had a resolution, it was passed, maybe 35 of the 37 municipalities also passed, or at least had it up for approval. He said they went to a County Commission meeting and had expected to be on at 9:30 in the morning and got on at 2:00 in the afternoon. Mr. Thrasher and I were there and he said that he actually testified, as did many Mayors, and the first reading was reversed. It was unanimously passed that Palm Beach County would stay with the Treasure Coast Regional Planning Council. They are going to look at wiggling some of the boundaries but he believed that's not going to happen. The Governor has that responsibility and he's sure the Governor couldn't care less why this is being done. Mayor Morgan stated well done and thanked him for that update and his efforts, adding that he was delighted to hear that. XII. Adjournment. Mayor Morgan adjourned the meeting at approximately 10:40 AM. Carole Vitale Recording Secy. 21