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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 Town Commission Regular Meeting & Public Hearing April 10, 2015 @ 9:00 A.M. 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, F Town Commission Regular Meeting & Public Hearing April 10, 2015 @ 9:00 A.M. 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 3 Town Commission Regular Meeting & Public Hearing April 10, 2015 @ 9:00 A.M. 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 Town Commission Regular Meeting & Public Hearing April 10, 2015 @ 9:00 A.M. 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. 5 Town Commission Regular Meeting & Public Hearing April 10, 2015 @ 9:00 A.M. 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 5 Town Commission Regular Meeting & Public Hearing April 10, 2015 @ 9:00 A.M. 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. 7 Town Commission Regular Meeting & Public Hearing April 10, 2015 @ 9:00 A.M. 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. 9 Town Commission Regular Meeting & Public Hearing April 10, 2015 @ 9:00 A.M. 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. 01 Town Commission Regular Meeting & Public Hearing April 10, 2015 @ 9:00 A.M. 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 10 Town Commission Regular Meeting & Public Hearing April 10, 2015 @ 9:00 A.M. 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 11 Town Commission Regular Meeting & Public Hearing April 10, 2015 @ 9:00 A.M. 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. 12 Town Commission Regular Meeting & Public Hearing April 10, 2015 @ 9:00 A.M. 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. 13 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 14 Town Commission Regular Meeting & Public Hearing April 10, 2015 @ 9:00 A.M. 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 15 Town Commission Regular Meeting & Public Hearing April 10, 2015 @ 9:00 A.M. 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