HomeMy Public PortalAbout04 10 15 MeetingREGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM ON FRIDAY, APRIL 10, 2015 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 Mayor led the
Pledge of Allegiance.
III. Roll Call.
Present and
Scott W. Morgan
Participating:
Robert W. Ganger
Joan K. Orthwein
Thomas M. Stanley
Donna S. White
Also Present &
John Randolph
Participating:
William Thrasher
Rita Taylor
Garrett Ward
Christopher O'Hare
Patsy Randolph
Barbara Sloan
William Wietsma
Richard Jones
David Bodker
Tom Laudani
Nancy Wibbelsman
Robert Wibbelsman
John White
Mrs. John White
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Attorney
Town Manager
Town Clerk
Police Chief
Resident
Resident
Resident
Architect
Architect
Landscape Architect
Seaside Bldrs.
Resident
Resident
Resident
Resident
IV. Minutes of the Regular Meeting of March 13, 2015.
Commissioner Ganger moved approval of the minutes and
Commissioner Stanley seconded with all voting AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Attorney Randolph requested to add two items under Item X. and
Mayor Morgan placed them as Item X.F.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. April 10, 2015 @ 9:00 A.M.
2. May B, 2015 @ 9:00 A.M.
3. June 12, 2015 @ 9:00 A.M.
4. July 10, 2015 @ 9:00 A.M.
5. August 14, 2015 @ 9:00 A.M.
VII. Communication from the Public (5 min. maximum).
Christopher O'Hare was recognized and displayed a photograph,
announcing that this is an item found in town that is more than 4' above
the ground and illustrates a subject matter that the artist is trying to
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communicate to the public, and is mounted on a building. He asked if
this is an object d'art.
Mayor Morgan reminded that this was not a question and answer period and
questions from the public are not entertained during the period for
public comment, suggesting that he set up a meeting with staff or the
attorney during which time they would be happy to meet with him in
regard to his questions.
Mr. O'Hare said he did ask the Town Manager and he would not answer him.
Mayor Morgan remarked that this colloquy may continue or that he could
use the remaining 3 minutes to make his comments.
Mr. O'Hare said his comment is that when a code is created it is subject
to criminal enforcement and if it is violated it is a criminal act
subject to code enforcement action, subject to circuit court action and
you need to know if you are going to violate the code ahead of time so
this may be avoided. He remarked that the Commission answers questions
from other people but he understands if they refuse to answer.
The mayor reminded again that he should make an appointment with staff
or Mr. Randolph to discuss these matters.
Mr. O'Hare commented that the recent newsletter sent by the Mayor had
stated that the one hundred twenty two million increase in property
values was due to the tight zoning rules. He did not see this
connection since the property appraiser had listed the value of 4001
North Ocean, which just came on the roll, at one hundred ten million.
He further took issue with the Mayor's comments in the letter regarding
Mr. O'Hare's comments related to the sign code and with Mr. Ganger's
comments to the sub - committee that Gulf Stream is 100% residential and
that legal expenses have depleted the hurricane reserves.
Patsy Randolph was then recognized and reminded that just over one year
ago this Commission was elected and she felt they should be applauded
and thanked for the incredible work they have done leading the town
through difficult times. This was followed by resounding applause.
VIII. PUBLIC HEARING
A. Applications for Development Approval
Mayor Morgan asked if there were any ex -parte communications
and Commissioner Stanley stated he is stepping down on the first item in
this public hearing as he handles various legal matters for this
applicant, although none are related to this application.
The Town Clerk asked that anyone who intended to speak at any time
during the Public Hearing to please stand to receive the Oath.
Those who received the Oath during the Public Hearing portion of the
meeting were as follows: William Wietsma, Richard Jones, Thomas Laudani,
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Dave Bodker, Patsy Randolph, Barbara Sloan, Anthony Graziano, John
White, Mrs. White, Robert Wibbelsman, Nancy Wibbelsman, Chris O'Hare.
1. An application submitted by William Wietsma, as Agent for
Mr. & Mrs. George Delafield, the owners of property
located at 3232 N. Ocean Blvd., Gulf Stream, Florida,
which is legally described as Lot 32 and the North 50 feet
of Lot 33, Gulf Stream Properties Subdivision.
Mr. Wietsma explained that they are asking to add a second story over
the garage so as to not impact the volume of the house pointing out that
the house is approximately 3 ft. above grade while the garage is down at
a lower level. He added that they lowered the plate height 6.5 ft., all
of which brought the height of the structure down. He pointed out the
structure is approximately 80' from the neighbor to the south and an
existing hedge is at the height of the top of the windows on the second
floor. He said there is also a hedge on the north but they are adding 6
Montgomery Palms on the other side of the motor court.
Commissioner Ganger, noting that the neighbor to the north had shown
concern, asked if they were satisfied with the outcome or just didn't
come to the meeting to which Mr. Wietsma replied that the owner, Mrs.
Delafield, had spoken directly with the neighbor and he assumes she was
satisfied since she did not come to either of the meetings.
Commissioner Ganger then asked if anyone from across Gulf Stream Road
had commented to which Mr. Wietsma said none of them had made contact.
Mayor Morgan commented that efforts are made to de- emphasize garage
structures in relation to the size of the house and he said it looks
like it fits in this regard.
Mr. Wietsma compared the roof heights of the garage to the house and
repeated that the garage is 3' shorter than the house and by lowering
the plate height 6.51, which is the edge of the house, sloping ceilings
on the inside of the addition are off set with the dormer windows.
Commissioner Ganger asked if changes had been made to the exterior of
the house when it was renovated to which Mr. Wietsma replied that they
had only repainted the exterior.
Mr. O'Hare was recognized and believed it to be a nice design and that
it seemed to meet the written regulations of the Code. He said he needs
clarification on this presentation. He said he did try to contact Mr.
Thrasher to get clarification on the sign ordinance and they had an
email discussion in which Mr. Thrasher said the illustrations were used
demonstratively within the commission chambers to assist in a
presentation and therefore are not signs.
The Mayor asked if Mr. O'Hare is commenting on this application to which
Mr. O'Hare replied that these comments are about this application. Mayor
Morgan asked if the sign ordinance is a part of this application Mr.
O'Hare said "this object, sir, is subject I believe to the sign
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ordinance and I'm asking about this application. May I speak to it ?" The
Mayor said, "you believe this house is subject to the sign ordinance."
Mr. O'Hare said, "The subject is this application, sir." Mayor Morgan
told him to continue to see where he is going.
Mr. O'Hare said that Mr. Thrasher further tried to clarify this type of
object saying they were used internally and couldn't be seen from the
street and therefore not a sign. He went on to say that the ordinance
says visible to the public and that he is the public and he just wants
clarification as the Code is criminally enforceable. He asked if this
is exempt because it's not visible to the public.
Mayor Morgan thanked him for that observation.
Mr. O'Hare asked if there was a landscape plan with this application and
Mr. Wietsma showed the drawing for which Mr. O'Hare thanked him.
There was no further comment from the public and Mayor Morgan asked for
a motion.
a. SPECIAL EXCEPTION to permit additions, a total of
1,283.6 square feet, to an existing non - conforming
single family dwelling.
Commissioner Orthwein moved to approve the Special Exception to permit
the addition, 1,283.6 sq. ft. to an existing non - conforming single
family dwelling and the motion was seconded by Commissioner White with
all four voting AYE at roll call.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
additions of second story living space, 1,211.6 square
feet, above the existing garage and 72 square feet on
the first floor between the house and the garage.
Commissioner Orthwein moved to approve the Level III Architectural /Site
Plan based on a finding that the proposed addition of second story
living space, 1211.6 sq. ft., above the existing garage and 72 sq. ft.
on the first floor between the house and the garage, meet the minimum
intent of the Design Manual and applicable review standards and that the
drawing of additional landscaping presented at the meeting shall be
included with the application and subsequent recommendation of approval.
Commissioner White seconded the motion and all four voted AYE at roll
call.
2. An application submitted by Thomas Laudani, Manager of
Seaside Builders as agent for 3345 Oleander Way LLC,
owners of property located at 3424 North Ocean Boulevard,
Gulf Stream, Florida 33483, legally described as Lot 46
and 46A, Gulf Stream Properties No. 2.
Mayor Morgan stated that this application, 3424 N. Ocean Blvd., and the
next application, 3410 N. Ocean Blvd., should be heard together as the
two properties are side by side and they both have the same owner and
agent.
Richard Jones, Architect and Agent for these projects, presented a power
point display showing surveys of the two properties with the existing
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dwelling, approximately 5,000 sq. ft., constructed across both properties
with the the front of the dwelling facing Oleander Way and the rear of
the home facing N. Ocean Blvd. He then displayed a site plan for 3424 N.
Ocean Blvd. and explained the front of the home would face N. Ocean Blvd.
and the rear would face Oleander Way but would be designed to appear as
two fronts. He said this creates a courtyard design with pool, loggia,
bar -b -q, outdoor fireplace, open pavilion, 2 car garage and a detached
guest retreat with entry gates. He pointed out that while the house is
two stories, everything in the courtyard is one story which breaks down
the massing of the property with only 20 to 25% of the development being
on the second story. With regard to the landscaping, he said several
existing trees will remain with additional being added, some of which are
a result of concessions that were made at the ARPB hearing. He said there
will be a decorative railing on the top of a low garden wall along the
front of the property within the landscape material.
When explaining the side elevations, Mr. Jones said that Mr. Kent of the
ARPB asked that the 15' wide section on the north elevation be lowered
from 23' to 22'and that the developer gladly obliged. He pointed out that
this is the classical Bermuda style with smooth stucco, crown molding
under the eaves, white on white color pallet with gabled accents, white
flat tile roof, louvered shutters in a deep navy blue, X balcony railing,
second floor step ins and the majority of the square footage on the first
floor.
Turning to the planned development at 3410 N. Ocean Blvd., the south lot,
Mr. Jones questioned if the Commission would prefer to discuss the
landscaping first to which Mayor Morgan said he would suggest that the
structures be discussed first as he is looking at Section 66 -144 of the
Code which prohibits homes which are too similar being within 250 feet of
each other.
Mr. Jones explained that this structure is Colonial West Indies style
with a dark grey flat tile roof, second floor light blue lap siding,
louvered balcony railings, Boston hips as a decorative feature, smooth
white stucco on the first floor, chimney accents on the front, dual
balconies on each side of the entry for distinct massing, second floor
step ins, all light grey trim including the shutters and exposed rafter
tails under the eaves. He added that, at the request of Mr. Kent, they
would be lowering a 15 foot wide section on the south elevation from 23'
to 22'. With regard to the courtyard arrangement, he said there are
covered loggias, covered breezeways, covered pavilion, outdoor fireplace
built within the wall and a two car garage with guest house above. He
advised that there were also concessions made with the landscaping due to
requests from the neighbors.
In answer to a question from Commissioner Ganger, Mr. Jones said the lap
siding on the second floor is made of stucco and that the two balconies
are functional.
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Mayor Morgan said he appreciates what Mr. Jones does with good designs
and eloquent presentations but the Town Code prohibits excessive
similarity with homes next to each other. He pointed out these are 2
courtyard homes with central massing along AlA that are approximately the
same size, and if the balconies were removed, they would be almost
identical. He felt that, under the Town's Code, one can stand and one
cannot. He did agree that they are different when viewed from Oleander
Way but when viewed from AlA, they are very similar.
Mr. Jones added that one thing that was not mentioned before is the
difference in the roof design with this house having a classic pitch
break roof with the other house having a standard hip roof.
Tom Laudani was recognized and stated that last month they had a two hour
discussion with the ARPB regarding these two homes and in the end
received a 5 -0 vote to recommend moving these two projects forward. He
believed these homes do fit into the area, pointing out that there are 2
story homes directly across AlA and that this is the N. Ocean Blvd.
corridor, not Polo Drive. He then asked the Mayor what he would prefer to
see, adding that he would guess it would be that one of the houses be a
single story home. He reminded that he had built a number of homes in
Gulf Stream and had been cooperative and has complied with the Code.
Mayor Morgan stated it is not his place to design the home but to review
the designs with regard to compliance.
Commissioner Stanley said he had a few moderate suggestions but if the
Commission agrees, he would first like to hear from the public on this
issue.
Nancy Wibbelsman was recognized and advised she walks frequently in the
town and as a 3 =d generation developer she believed these two houses side
by side would greatly cheapen the Town of Gulf Stream and give the area
the look of a planned commercial development, an upscale tract. She
pointed out that in the past the town has been a special place that has
homes designed by separate architects that meet the code but have a very
special feeling and do not feel that if you are entering something that
was designed from mass appeal rather than for individuals. She said she
would very much appreciate it if the Commission would vote against having
these two houses next to each other.
John White, a resident of 101 Lakeview Drive, just west of the south
property introduced at this meeting was recognized and stated he wasn't
aware that these properties were going to be built. He said the garage
with the guest house on the second story would entirely overlook his back
yard. He did not believe that these are in keeping with the culture of
the town, the privacy and the uniqueness.
Barbara Sloan, a Gulf Stream Resident, was saddened by the large houses
being built on small lots. She remarked that it's not that they are
unattractive but they are too massive for this tiny town. She was hopeful
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that the Code could be changed to limit the size of houses to be built on
small lots and to also limit the number of 2 story homes that could be
built in Gulf Stream.
Tony Graziano, 3259 Polo Drive, was in agreement with Ms. Sloan and added
that when he moved to town 4 or 5 years previously, most of the houses
were single story but during the last few years 85% to 90% of the
applications are for 2 story homes which is changing the character of the
town. As an illustration he called attention to the house under
construction across the street from him on Polo Drive.
Patsy Randolph, a town resident, believed that all recognize that the
development of the Spence property with the over -sized similar houses
does not have the look or feel of the rest of Gulf Stream and now the
over -sized similar houses are creeping into the rest of Gulf Stream. She
was hopeful that this type of development be slowed down and time be
given to find out how to alter this trend and bring future development
back in line with the original character of the town.
Christopher O'Hare, a town resident, said that, with due respect to Ms.
Randolph, she was on the Ad Hoc Committee modifying the Code and he
didn't remember any time that these issues came up, and didn't remember
any time that anyone objected to Commissioner Orthwein's second floor,
which happens to be identical to the house next door, just as
Commissioner Stanley's house is identical to homes in the cottage
district and just as Commissioner White's home is very similar to homes
across the street. He added that these gentlemen did not ask him to speak
and had no idea what he was going to say. He further said that he is not
affiliated with them and asked that they not be made guilty by
association. He called attention to the fact that the Code says the homes
must be compatible to the neighborhood and yet not too similar. He
pointed out that this leaves it up to the Commission to decide what the
acceptable point is between these two extremes. He further said that if
you are able to decide what that point is, you will be creating non -
conformities such as Mrs. Orthwein's and Mr. Stanley's homes. These
actions create criminality where it doesn't exist and because I disagree
with the majority I am the outlier you accused me of being before the
legislature.
Mayor Morgan thanked Mr. O'Hare for his comments.
Bob Wibbelsman said he wife, who is a resident of Florida and of Gulf
Stream, had spoken earlier and that he is still a resident of California.
He said they live in Brentwood which is a suburb of Los Angles and the
horse is out of the barn there. He said the quaint neighborhood of
Brentwood has been taken over by McMansion and there are 2 story mansions
being built next to each other all over the town. He said that having
seen this in his California neighborhood, he would hate to see it happen
here.
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Mr. Jones thanked those that spoke for their remarks and observed that
most were concerned with what the town would become in the future and
Code changes that might be made. He reminded that these current homes
are being built under the current code and that they meet all of those.
He remarked that he is sorry that Mr. White did not attend the ARPB
meeting as the gentleman directly across Oleander had made similar
remarks regarding the guest house and they planned additional trees and
lowered it 2 feet as a result of Mr. Kent's comments. He pointed out that
the balcony on the guest house faces directly to the west and that Mr.
White's home is to the southwest of this property. He then pointed to
the elevation of the guest house that would face Mr. White and advised
that what may appear to be a window is actually just a shutter, an
architectural feature to break up the elevation.
Mr. White did not agree.
Mr. Laudani stated that they try to be accommodating to the neighbors
comments and said he would be interested in hearing the suggestions that
were mentioned by Commissioner Stanley.
Commissioner Stanley said that most likely the residents on Oleander
probably prefer to have the massing towards AlA with the one exception
regarding the guest house over the garage. He pointed out that if you are
driving down AlA you are going to see these, they will look new. He
commented that there will be 2 hammerhead driveways, or 2 similar motor
courts to the front which are exactly the same. He commented there are
differently designed entries along AlA but they are on larger lots. He
suggested that perhaps, even with the limited space available, the
driveways and entries could be designed differently. He further suggested
that perhaps some changes could be made to the house on the south lot to
make it look older, like it has been built back in the `60s. He realized
that the house on the north lot is the standard Bermuda but suggested
that perhaps something could be done a little differently with the entry.
Mr. Laudani said Commissioner Stanley's comments are well taken and he
would most certainly be glad to implement them on the house on the south
lot but he was a little unclear about the driveways to which Commissioner
Stanley explained it would be helpful if the configurations were to be
changed. Mr. Laudani said he was sure they could alter the curb cuts and
possibly make some other changes.
Mayor Morgan asked Mr. Laudani if he would be willing to develop one lot
with a single story home like exist on Polo Drive and Gulf Stream Road.
Mr. Jones said that if there were to be a single story home, there would
most likely still be a courtyard and some of the space would be filled in
with the extra bedrooms that are now shown on the second floor.
Mayor Morgan felt the courtyard design to be driving the homes.
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Mr. Laudani believed the current lifestyles dictate the courtyard design
as there is more demand for the outdoor lifestyle that the courtyard
provides for families. He said that most have visitors and members of
their families visit and they prefer to have the extra bedrooms on the
second floor with the master suite on the first floor.
Commissioner Orthwein questioned if a circular driveway on one lot would
be possible and maybe quoins added to the Bermuda home.
Mr. Jones answered that he did not believe DOT would allow a circular
drive but they would love to be able to do that.
Mr. Laudani said he believed they would be able to make a significant
change between the two driveways as suggested by Commissioner Stanley as
well as changes to the front entrances. He further stated that he would
be opposed to a single story dwelling as the buyers want the extra
bedrooms and possibly a loft on the second floor for children and guests.
Commissioner White remarked that while the code does not speak directly
about Colonial West Indies it does mention British Colonial that she
believed is very similar. She pointed out that mid - elevation stucco
banding is prohibited in the section for Bermuda style and questioned if
that would apply to this home on the south lot.
Mr. Jones said that it would not as the horizontal siding on the second
story is a prominent Colonial West Indies style feature while the stucco
banding referred to is a single band.
Mr. Bodker, speaking to the landscaping along AlA, explained that the
trees along AlA are the driving factors for the driveways along AlA in
that there are Australian pine trees and they tried to fit the driveways
in between, leaving as many existing trees as possible. He pointed out
that this is an off -set driveway and the railings and columns are off -set
to accommodate the driveway coming through. He said the style of the
railings will pick up on the railings on the house. He further pointed
out that the house has fox tail palms behind the railing and has
different plant material to conceal the railings on the front and back
with the plant materials being different on the front and sides of each
lot. At the termination of the motor court on one lot there are Oak trees
and the other lot has southern Red Cedar, he said.
Vice Mayor Ganger suggested that no vote be taken due to the fact that
there are issues here that are greater than just two houses and there
needs to be time to work through them. He used the town houses that were
built at 4001 N. Ocean in lieu of a 4 story condo on the west side of
AlA. He believed that the Mayor had raised a profound issue and he
further believed that Mr. Laudani and Mr. Jones have the ability and
skills to move closer to what he thought the town wanted.
Mr. Laudani said he would prefer voting on the Bermuda house with the
deferral being on the other house. He was concerned that he not have to
advertise again and repeat the entire process.
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Mr. Thrasher suggested that perhaps the landscaping could be deferred on
both lots to give time for options to be explored in relation to changes
in the driveways.
Attorney Randolph stated that if there is a deferral to a time certain,
it will not be necessary to re- advertise.
Mayor Morgan believed that action on both applications should be deferred
to the May 8, 2015 meeting.
Mr. Thrasher reminded that at the ARPB meeting they questioned if both of
these would be constructed at the same time and was told they would.
Mr. Laudani said they still will be under construction at the same time
and completed at the same time as they are stem wall construction.
Mr. Jones said he would prefer to vote on the entire project for the
north lot and defer action on the entire project for the south lot.
Mrs. John White asked to speak and was recognized. She did not believe
that she would not be impacted by the garage with guest house above. She
felt it would be a watch tower over her property. She also commented
that while it may be a guest house at this point, there is no guarantee
that it will remain so in the future.
Considerable discussion continued as to what would be deferred and what
would be voted on. To move along, Commissioner Stanley moved to defer
action on the development on the south lot, 3410 N. Ocean Blvd., until
the next Commission meeting to be held on May 8, 2015 and the motion was
seconded by Commissioner Ganger with all voting AYE at roll call.
Discussion continued with regard to the north lot. Some thought that the
landscaping should be deferred on this lot and others felt the entire
project for 3424 N. Ocean Blvd. should be voted on.
After a lengthy discussion, Commissioner Stanley moved to defer the
application for 3424 N. Ocean Blvd. to a time certain, the next Town
Commission Regular Meeting on May 8, 2015. Commissioner Ganger seconded
the motion and all voted AYE at roll call.
Mayor Morgan called a 5 minute recess and the meeting reconvened at 11:00
A.M.
3. An application submitted by Thomas Laudani, Manager of
Seaside Builders, as agent for 3345 Oleander Way LLC,
owner of property located at 3410 North Ocean Blvd., Gulf
Stream Florida 33483, legally described as Lots 45 and
45A, Gulf Stream Properties No. 2.
This Item was considered along with the application for 3424 N. Ocean
Blvd. and was deferred to the meeting to be held on May 8, 2015. All
detail related to this item is recorded along with that recorded under
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Item VIII.A.2. within these minutes.
IX. Reports.
A. Utility Undergrounding -Danny Brannon (Engineer)
Mr. Brannon was not present for this meeting.
B. Town Manager
1. Draft Budget 2015 -2016
Town Manager Thrasher announced that this draft is very early and all of
these figures will change as information becomes more current. He
pointed out that the most important figure is the proposed 2016 millage
rate of 4.5 mills as compared to last year's millage rate of 3.9 mills,
an increase of six tenths of a mill. He said that at this time there are
no preliminary numbers for the taxable value and rolled back rate. He
further reported that there is provided $800,000 in legal based on the
escalating prices and costs, reminding that the Mayor had warned that
this would be expensive but in his opinion, progress is being made. Mr.
Thrasher advised he had included some salary increases that are
warranted in view of the work they are doing and that neither had signed
on for this type of activity. He noted they are doing an excellent job
and are fighters all of the way which is something to be appreciated.
There is provided $160,000 in reserves along with a surplus of $64,000,
but these figures will change as information becomes more current. He
closed by saying he will answer any questions.
Mayor Morgan said, regarding legal successes, recent court rulings are
posted on the Town's website for those who are interested.
Commissioner Stanley reminded that many of the residents will be leaving
town for the summer and he felt some additional discussion should be
scheduled for budget consideration and input from the residents. The
other members of the Commission were in agreement and the Town Clerk was
instructed to include this as an agenda item for the next meeting.
Commissioner Ganger noted that the Town has been channeling resources to
one issue and he believed it to be time to consider other issues and
needs in the coming years, how to prioritize and fund them. He believed
public participation to be essential in these matters. To mention a few,
the town hall should be expanded, a new garage should be planned for and
organization of a barrier island fire department explored. He pointed
out that Mr. Thrasher needs this direction in order to work these
various items into future budgets.
Commissioner Orthwein favored having a long range planning session in
the near future.
Mr. Wibbelsman suggested this be known as a Long Range Planning
Workshop.
Mayor Morgan agreed to this suggestion and it was agreed that the
workshop would be held at 5:30 P.M. on Wednesday, May 13, 2015.
C. Architectural Review & Planning Board
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1. Meeting Dates
a. April 23, 2015 @ 8:30 A.M.
b. May 28, 2015 @ 8:30 A.M.
c. June 25, 2015 @ 8:30 A.M.
d. July 23, 2015 @ 8:30 A.M.
2. Code Review Recommendations
Mayor Morgan pointed out that this item will require considerable time
and directed, due to the length of this meeting, that this code review
be deferred to the next meeting and all were in agreement with this.
Commissioner White noted that there is an item on the list that makes
reference to color which may be applicable when considering one of the
new houses.
D. Finance Director
1. Financial Report for March 2015
2. Water Usage as of March 31, 2015
Town Manager Thrasher said he has no comments but will answer any
questions.
There being none, Mayor Morgan declared the reports accepted as
presented.
E. Police Chief
1. Activity for March 2015
Chief Ward asked that his report be accepted as presented and Mayor
Morgan declared the report to be approved as submitted.
X. Items for Commission Action.
A. Proposals to repair existing outfall- Shenandoah Construction
and Lanzo Lining Services, Inc.
Town Manager Thrasher explained that this is a request to expend funds
to slip line an existing outfall pipe that runs from Polo Drive to
the Intracoastal. He said it is leaking and would contribute to street
flooding. He further said that he has used both of these firms and each
does a very good job in his opinion. He remarked that Shenandoah is the
low bidder at $23,490 and he is recommending they be engaged.
In answer to a question from Commissioner Stanley, Mr. Thrasher said
that they have done all of the towns camera inspections, helped install
the duck bill check - valves and made a similar repair at Banyan and Polo.
He asked that he be authorized to spend up to $25,000 in the event there
should be something unexpected arise. He explained this was not a public
bid and is based on Statute 287.07 category 2.
Commissioner Stanley moved to approve the Shenandoah bid and to
authorize the Town Manager to spend up to $25,000. Commissioner Orthwein
seconded the motion and all voted AYE at roll call.
B. Appointments to ARPB -4, three year terms each
Commissioner Ganger moved and Commissioner Orthwein seconded to re-
appoint Thomas Smith, Malcolm Murphy and Robert Dockerty to another 3
year term on the ARPB and all voted AYE at roll call.
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Mayor Morgan, noting that Mrs. Jones is not eligible for reappointment
since she has served three, three year terms, pointed out that there are
two alternates on the ARPB and it seemed reasonable to elevate one of
them, most likely Mr. Kent since he is the senior alternate, to replace
Mrs. Jones.
Vice Mayor Ganger moved to appoint Hewlett Kent to a 3 year term as a
regular member of the ARPB and Commissioner Stanley seconded the motion
with all voting AYE at roll call.
The Town Clerk was directed to place a notice on the website that the
Commission will be appointing an Alternate Member on the ARPB and that
those interested in that position may so indicate to the Town Clerk in
writing with those who have a request on file with the town to please
advise the Clerk as to whether they are still interested in being
considered.
C. Resolution No. 15 -1: A RESOLUTION OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE
APPROPRIATIONS OF BUDGET EXPENDITURES IN THE GENERAL FUND
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2015; PROVIDING AN
EFFECTIVE DATE.
The Town Clerk read Resolution No. 15 -1 in its entirety. There were no
questions and Vice Mayor Ganger moved for approval of Resolution No. 15-
1 with Commissioner Orthwein seconding the motion and all voting AYE at
roll call.
D. Ordinance No. 15/2; AN ORDINANCE OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING
THE TOWN CODE OF ORDINANCES AT CHAPTER 39, UTILITIES, BY
CREATING A NEW ARTICLE VI, TITLED UNDERGROUNDING OF
UTILITIES; PROVIDING THAT ALL FACILITIES FOR PROVIDING
ELECTRICAL POWER,TELECOMMUNICATIONS, VIDEO, CABLE TELEVISION,
INTERNET, BROADBAND AND SIMILAR DEVICES (COLLECTIVELY KNOWN
AS "UTILITY FACILITIES ") SHALL BE PLACED UNDERGROUND;
PROVIDING FOR THE UNDERGROUNDING OF EXISTING UTILITIES;
PROVIDING FOR PRIVATE PROPERTY OWNERS' RESPONSIBILITIES
RELATING TO UNDERGROUND SERVICE; PROVIDING REQUIREMENT FOR A
PERMIT FOR PLACING UTILITIES WITHIN THE RIGHTS -OF -WAY WITHIN
THE TOWN; PROVIDING FOR TIME LIMITATIONS ON CONNECTION;
PROVIDING FOR EXCEPTIONS; PROVIDING FOR PENALTIES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE. (1st reading)
The Town Clerk read the title of Ordinance No. 15/2 that was being
presented on first reading.
Vice Mayor Ganger asked if there is any conflict between equipment that
would be used for wireless service which would be above ground.
Both Commissioner Stanley and Attorney Randolph stated that any
equipment for wireless equipment would have to come before the town at
which time it would be reviewed and evaluated.
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Town Commission Regular
Meeting & Public Hearing
April 10, 2015 @ 9:00 A.M.
Commissioner White called attention to Section 34- 108(3) and asked if
that would cover this question to which Mayor Morgan said he believed it
would.
Christopher O'Hare was recognized and asked if this Ordinance
criminalized his Direct TV Dish and Attorney Randolph advised this has
nothing to do with a dish on the side of a home but deals with
undergrounding the wires that come into your home to provide the
facilities.
Vice Mayor Ganger moved to approve Ordinance No. 15/2 on first reading
and Commissioner Stanley seconded the motion with all voting AYE at roll
call.
E. Items by Mayor & Commissioners
1. All Aboard Florida Discussion -Vice Mayor Ganger
Vice Mayor Ganger explained that All Aboard Florida is a private
enterprise using tracks that are owned by private parties and the
crossings are on easements on private property. He said that the
Metropolitan Planning Organizations through Palm Beach County southward
have supported this but do recognize that there must be improvements for
safety and quality of life, most of which is the sound pollution. He
went on to say there has been considerable support from various
organizations for track improvements. Commissioner Ganger explained that
about the best that can be done is try to make certain the funding is
sound so that, if this enterprise gets started and then fails, the
taxpayers are not burdened with the cost. He called attention to the
Resolution that is being proposed and commented that it is limited to
what is believed to be possible to accomplish as opposed to what is
desired to be accomplished.
All members of the Commission were in favor of adopting the Resolution
as written and presented.
Town Clerk Taylor read Resolution No. 15 -2 by title as follows: A
RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH
COUNTY, FLORIDA, EXPRESSING CONCERN FOR THE ALL ABOARD FLORIDA BUSINESS
PLAN; ASKING LOCAL, STATE, AND FEDERAL OFFICIALS TO ASSIST THE TOWN IN
MITIGATING SAID CONCERNS; AND PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Ganger moved for the adoption of Resolution No. 15 -2 and
Commissioner Stanley seconded the motion with all voting AYE at roll
call.
F. Items by Attorney Randolph
Attorney Randolph explained that Martin O'Boyle has filed a lawsuit
against the town in which Mayor Morgan, and Attorneys Sweetapple,
O'Connor and Randolph are named as defendants. He said the towns
insurance will be defending the town and the Mayor but the Jones, Foster
insurance will be defending the attorneys. He further said that their
firms insurance has authorized the firm that is representing the town to
also represent the attorneys. However, he advised his policy has a
$50,000 deductible and he requested that the Town Commission authorize
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Town Commission Regular
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the payment of their attorney's fees up to the amount of the $50,000
deductible to the extent applicable. Attorney Randolph did not believe
it would reach that level and he would keep the Town informed each
month.
Mayor Morgan pointed out that the lawyers are sued only because they are
defending the Town and he believed it to be the Towns obligation,
especially since the Town is defending the case anyway, and he would be
in favor of this.
Commissioner Stanley pointed out that the Town had granted a similar
request from Attorney Sweetapple.
Vice Mayor Ganger moved to approve the request for a $50,000 deductible
cap on the Town's participation in the defense of Attorneys Randolph and
O'Connor. Commissioner Orthwein seconded the motion and all voted AYE
at roll call.
Christopher O'Hare asked to be permitted to comment and Mayor Morgan
granted the request. He said he assumed this is different than the
request to pay $25,000 for Mr. Sweetapple's deductible. He said he was
not familiar with this case and then asked if it is the sunshine
violation, to which Mr. Randolph answered in the affirmative. Mr. O'Hare
commented that there has been a lot of conversation about legal fees and
he hopes this will continue to be placed on the website. He was
concerned that public money is being paid toward deductibles and for Mr.
Morgan's alleged sunshine violation.
Mayor Morgan commented that this is the case that Mr. O'Hare had said he
knew very little about.
Mr. O'Hare said he questions the wisdom of this since so many legal fees
have been consumed from public money when all of these things could have
been dismissed so inexpensively.
After having been granted the right to speak to this matter by Mayor
Morgan, Attorney Randolph explained that this deals with the
representation of Joann O'Connor and himself, not Scott Morgan or the
Town of Gulf Stream. He said Johnson, Anselmo is handling this matter on
behalf of the Town and Mayor Morgan. This request is to the extent they
incur their own attorney fees. Up to this amount they would request
reimbursement.
Mayor Morgan observed that by having the same attorney represent both
parties there will be considerable cost savings.
Nancy Wibblesman asked to make a brief comment and her request was
granted. She said as a taxpayer of Gulf Stream she applauds the position
that has been taken on all of the lawsuits in which the Town is
currently engaged in. Further, she applauds the taxation in order to
raise the funds to continue with these cases. She believes it is
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essential and any reasonable person would want the counsel to be
protected.
Attorney Randolph said that the Town's attorneys, in defense of various
public records lawsuits filed against the Town by Mr. O'Boyle and Mr.
O'Hare, have, in addition to filing answers and affirmative defenses,
filed counterclaims relevant to the lawsuits. Mr. O'Hare and Mr.
O'Boyle have challenged the Town's attorneys' authority to file
counterclaims in these actions, absent being given the authority by the
Town Commission to do so, he said.
Mr. Randolph went on to say that although counsel believes it has that
authority, they seek from the Town Commission, in the event it agrees,
confirmation that the Town's attorneys have been given, and in the
future have, the authority to bring appropriate counterclaims against
any and all parties deemed by the Town's attorneys to be involved or
culpable in regard to matters relating to the pending litigation. He
then asked for Commission consideration of this matter.
Mayor Morgan believed that counsel has had this authority and continues
to have it, but since it is being challenged, the Commission should
affirmatively grant that authority to the Town's counsel.
Commissioner Orthwein moved to confirm that counsel has had that
authority in the past and to do so in the future. Commissioner White
seconded the motion.
Mr. O'Hare once again asked to comment and was recognized by Mayor
Morgan. He said that Mr. Randolph said that counterclaims are filed at
the same time as affirmative defenses but in the counterclaim on his
public records request to obtain a boundary map, which he was denied,
the counterclaim was filed 7 months after the defenses were filed.
The roll call on the motion was taken and all voted AYE.
Mayor Morgan asked if there were any other comments and there were none.
XI. Adjournment.
Mayor Morgan adjourned the meeting at 12:20 P.M.
Rita L. Taylor
Town Clerk