Are you Yeah, right after the meeting. Then we're going to close off and back. We're ready, mate. We ready? Let's call the meeting to order. Please rise and pledge the flag to the flag of the United States of
America and to the republic for which it stands. One nation under God, indivisible with liberty and justice for all. Would you call the role, please? Commissioner Green, here. Commissioner Canfield, here. Commissioner Orline, here. Mayor Morgan,
here. Let it also be known here and present is town manager Dunham, assistant town attorney Nazaro, Chief Jones, CFO by master, and myself. And absent with notice is Vice Mayor Stamp. Thank you very much. We've been presented with the minutes from our last
regular meeting on September 11, special meeting September 24, and the final budget uh hearing meeting of September 24. Are there any uh changes or comments for a motion? Uh, I'll move to approve the minutes.
Is there a second? Second. Rene. Commissioner Green? Yes. Commissioner Canfield? Yes. Commissioner Orwin? Yes. Mayor Morgan? Yes. Uh, any changes to the agenda, Mr. D? Uh, no, sir. Very good. Uh, our next meeting will be November 14th at 9:00 a.m. for anyone who wishes to attend. Public comment.
Anyone who wish to speak? Not big crowd today. All right, let's move on to the hearing. Any uh exparte communications with any application today? Very good. Anyone who will be speaking today on any application, please rise and be sworn.
Tell the truth, the whole truth, nothing. Let's move on to 2918 Bluewater Cove. We're going to be wrapping this up pretty soon. Yes. Good morning. Morning. I'm Luis Rivera, Affinity Architects, and uh we're uh presenting
lot 11. Um lot 11 is a one-story Anglo-Caribbean home in Bluewater Cove. Um the next uh slide
uh is the location of the lot in relation to the other lots uh in the community. Uh next one is a comparison of uh elevations. Um
to the uh right of the home uh we have a a onestory u also Anglo-Caribbean. Uh and to the right we have a twostory Anglo Cararibbean as well. Um the next
slide we have uh the a closeup of the two houses. Lot 12 is a one story. Lot 10 uh to the left is a twotory. Uh next slide is the side plan with all the calculations.
Um uh next would be the floor plan. It's a three-bedroom home. Um, next one is uh colors and uh textures of the residence
and um the next one is uh the rear elevation with uh the uh proposed landscape. Next are the 2D elevations uh showing
entry heights and uh typical slope. Um, next one would be the side elevations. And uh, finally to present the landscape, uh, my friend uh, Louis Blah. Can you
Good morning. For the record, my name is Louis Blahos, landscape architect. Um, our last lot and probably one of the most unique. the owner um h has uh likes uh natural landscape and native
landscape as uh silver buttonwoods, sables, even coconuts, etc. Um so other than the Clucia hedges on the sides, that has been our bread and butter as far as our screening and the um fishtail
palms in the rear. Um, in addition to those, the five green buttonwoods in the rear, they're part of our buffer to the adjacent residences. Um, in in the front, uh, at the entry, we have a large, uh, date palm, uh, silver
buttonwoods, uh, frame, the two, um, sides of the building, the windows with, um, uh, Alexander palms in the center that would block the roof. Uh we also have the three oaks that are not shown um on the elevations
um in in the front yard that are part of the streetscape. And then we also have uh three coconut palms that kind of blend in with the coconut palms that we have on uh lot 12. In addition to that for the understory, the red pink stuff
is pink mlly grass which uh they loved. On either side of the entry, we have some textural stuff like u mondo grass, uh lady ponds, and um just kind of handling the shade and and the closure in that so we don't have to do any
trimming. And then of course uh Carissa Hedge as as your lower um with uh some accents of uh three agave and uh uh low uh lari in in the front kind of uh
working with the uh natural uh meandering path that uh brings uh neighbors and and friends to their entry. Um on on the rear we have uh a specimen atonidia palm in the center
quadruple with two um small leaf clucas on either side framing it and then two triple clusters of sable palms um on either side uh just for a height and because she loves them so much. In the
understory we have uh uh blue agave and uh variegated gingers uh for textural qualities uh red cocoa plums and uh Thai plants and then everything underneath is within uh laria ficus
green island as your lure that kind of brings everything together. Um that said that's where we're at. Any comments or questions about landscape about the design itself?
No. Very good. All right. It's been a long road and uh I like this. This looks good. Nice way to wrap it up. We're very happy with the look on the street and the architecture and all the help you
guys have given us throughout the all the direction. It's been great. Thanks for working with us. This looks very nice. Is there is there a motion? Uh I'll make a motion level to um to do a level three architecture site plan
review construction of a I'm sorry. The onestory 5,460 foot angler do I need to read this one? Okay. Uh, single dwelling with two and a half car garage and swimming pool
including new landscape and heartscape meets the minimum intent of the design manual and applicable review standards with the following conditions. Any minor modifications to approved landscape and shall be submitted to the town manager for review and approval and any major modification shall be brought back to
the ARPB for review and approval prior to the commencement of landscaping. Second, Miss Basil. Commissioner Green. Yes. Commissioner Canfield. Yes. Commissioner Orwine. Yes. Mayor Morgan. Yes. Thanks very much. Have a good good luck.
All right. Let's move on now to uh the construction trailer at 3223 North Ocean Boulevard. Mark, I think that's uh I think it's the Sands. This is the Sands House. Sorry, Mark.
Good morning, everyone. My name is Lauren Shrammik. I'm with Mau Associates. I'm the project manager on the 3223 North Ocean project for the Sands and we are requesting permission to have a construction trailer. It is I have um I
submitted a site plan showing where it is located. I also have extras if anyone would like a copy. We're going to have it on the southwest uh portion of the lot. It is um there's a site wall that still remains that we're going to keep
in place and construction fencing and it will not be visible from the road. It is quite small. It's not your average like Will Scott construction trailer. It is an enclosed maybe 10x5 pullbehind trailer that we just retrofitted with some air conditioning
and a plan table. So with your permission, we would like to proceed with permitting. Questions? How about a motion? I'll move to let you use your construction alert. Thank you very much. Second, Miss Basil.
Commissioner Green. Yes. Commissioner Canfield. Yes. Commissioner Orwe. Yes. Mayor Morgan. Yes. Okay. Thank you very much. Thank you very much. Have a great weekend. Let's move on to 3224 North Ocean. All right. Now Mark
got to look at this one a little more carefully. Morning for the record. Mark Marsh, architect Bridges Marsh. Um I'm here actually representing Taylor Bu building the contractor for the um erection of a
trailer side trailer. Um I do have some visuals. I don't if you Anyway, it's it's going to be located uh this front set back you have to be 15. We're going to make it uh 20 ft. Uh
the trail is this little it's just on the south side of the existing entry as you come in. We will be provided some parking associated with it which will be stabilized with gravel and based on that it is a Will Scott.
You'll see a rendering will Scott um and it'll be shielded or um screened from the road. There's about a 10 to 12 foot existing cag hedge which will screen it totally from view. So that's
it. Does it have AC too? Yes, ma'am. And a bathroom. It may be permanent. Uh thank you. Is there a motion? I'll move to approve the trailer, a construction trailer at 3224 North Ocean Boulevard.
Second. Commissioner Green. Yes. Commissioner Canfield? Yes. Commissioner Orw? Yes. Mayor Morton? Yes. Thanks. Thank you all. Thank you. Okay, town manager CIP up the date. Uh yes, sir. Thank you, mayor. So, the contractor,
uh what the contractor has left to do are utilities on Oleander, Banyan, and Bermuda right over here. They they need to be completed.
And then they have road work uh minus any utilities uh for golf view. Golf View will probably be the last uh road work that they'll be doing because what they'd like to do is get Banyan and Lake View
completed up to A1A uh before they tear up Golf View. So, Golf View would be the last one, but then LA Lake View Banyan and then Oleander Sea Road up here and uh Bermuda,
I'm sorry. Yeah, Bermuda also has utilities. So, that's what they have left to complete. Um could you update us on the condition of Oander and issue that arose yesterday?
Yeah. So, uh there was a um uh utility that was hit by the contractor. Uh the result was a power outage uh for 33 homes.
Uh I was in in in communication with uh FPNL pretty much all night. Uh but they what they did was they put what's called a ground strap on that's temporary. That's above ground. Sometimes you'll
see those things that go across your driveway. So they put a ground strap in and when they energized it, it blew. And so this is like at one o'clock in the morning. So uh so what uh the FPNL my contact with
FPNL described to me was that there was more than one fault and and I'm not quite sure what that means. Uh they uh thought that there was just one but because it blew that meant that there was another fault. Uh I don't
know. Robert, do you know what a fault is? short. Uh yeah, it was the damage is more extensive than they anticipated. So when they energize the fault, it it this the temporary line failed. So
they have to come in. Okay. Reassess. They'll have to reassess how to correct the situation and then correct the situation. Yeah. So FPN I mean they're they make they have power now. Uh they restored power to two two of those 33 houses. So
there's 31 that are still out. Really? Yes. Well, they had to pull the the crew after 16 hours of Yeah. The crew was there for 16 hours and by their union contract they had to pull them out. But this was like at 1:00
when when their what they felt like was a temporary correction uh blew. So they have to do more. So, they'll be coming back today. Oh, they're Yeah, hopefully. Are they working now? They're either on the way or or there.
Uh I mean, that's what my last email from FPNL. Now, this isn't the first time that roadway has knocked out power lines. It's a significant number. This is actually the same place that they did it before.
Did it before. And what what steps are we or the engineers or the overseers taking to try to improve the performance of contractor? Okay. So, we have suspended any trenching on Oleander so
that FPNL can get hand and do their work, but we're also requiring uh the contractor to uh put in writing their their means and methods to uh address
uh existing utilities in the future before we can let them uh start the trenching back up. Am I correct? Yes. And they'll be responsible for the FPNL charges for all this work. Absolutely.
Okay. And FPNL has indicated to to me that they are going to backcharge them for they said this is the seventh uh time they've hit their power.
Okay. Mark is okay. So yes, they do. But the way that works is Robert can correct me. So they they're initially uh marked and obviously when they do
work those marks go away but that but the contractor is required to do what they call refresh. Right. Correct. So the refresh is to come back and remark. remark
and uh so whether they're doing that or not that I my my guess is that is that they're not necessarily doing that. I don't know. There's multiple ways to do it. They can record the information themselves. They can video it. uh
what what the the methods that they have used what methods they're using as far as I'm concerned I don't know but uh yeah they were required by law every 30 days to re to refresh or if they go to a new area
it must they must call in locate it's a free service even the refresh uh calls are free they have a minimum time to be allowed to for the companies to come in and do the locating, but then
uh what they don't have to come back until they're not required by law to come back until after 30 days. If they want to come back within 30 days, the contractor needs to request it. Okay? But they could be marking there there's some improvements they could do. And as
uh as he said, we are uh requesting and writing some of the methods that they're going to use moving forward to uh improve the situation. Is it something that should be brought up at your weekly meetings to make sure to remind them that they need to refresh?
I was kind of wondering why it wasn't done before. It's a set of times out. No, we we bring We have construction meetings every week. That's true. and and this is brought up every week. Okay, I see some residents here who I thought might be
Yeah, we have So, hi, I'm Heather and this is my husband Bryce. We live in I need If you're going to speak, I need you to come to the microphone. You may want to just come up here and scooted down to this meeting. Uh, hi, my name's Heather and I live in 3777 next to the police station, the singlestory yellow house. Um, two
things. The first of which is this power issue. Uh, I think it'd be nice if the town could work maybe more closely with FPL when the power does come back on. We've recently returned to our house and our oven, our fridge, and two of our cars were all not working on triple
chargers because of the power surges that have come back into our house. It's created a lot of electrical infrastructure issues within our house. Obviously, we have a house from the 70s. There's not too too much we can do, but
it's a really big electrical issue in our house. We're still assessing the issues around that. Um, but it is driven by the in and out of the power from the construction on our road this summer. You're getting surges
connection, disconnection, reconnection of power. It's a huge It's shot. We're pro we probably we're going to have to spend at least $10,000 at least fixing appliances, cars, like everything was I find it very
unusual that all of this goes it's never happened in the previous summers we've left no types of issues and we know the power's been in and out at our house because we've had property managers checking on it all summer long. I may not know what I'm talking about because I don't know but FPNL has a
service that I think you can get power surges Is that right? Am I wrong? Yes, ma'am. They do offer They do. They do offer It's a protection because I It's not going to solve the problem that's already occurred going forward. It goes on the actual meter into your
home. So any power surges that occur, stop at the meter rather than going into the home. And it provides you with also a guaranteed level of warranty and financial reimbursement in the event it's not successful. So I would definitely call FPNL and check on that.
Would have been nice to know that before you did construction on our road. Let me just point that out. Sometimes they send out so many flyers you miss that. But I do I do think that they do offer and it's not expensive. I mean that's fine. But like I'm I'm worried about all these 33 houses that are out
right now. They're going to have the exact same problem. And residents like myself, I mean, this is we're all trying to be cool. We get it. It's construction. But this is definitely a issue that I'd like documented, raised, and I think
communication of that service could be better. Um, so that was my first issue. Second issue is pretty sensitive to it. Yeah. I look, I'm trying to be cool. I don't want to show up complaining every week, but I expected, you know, torches and pit
forks. No, no. I I'm look I'm the daughter of a developer construction person so I get construction projects but I also think like this sucks right like for us to foot the bill on this. Um the second
issue which I don't know the answer to obviously is the puddle outside of our house is getting bigger. You cannot drive outside our house past three or five days. I'm really concerned about landscaping, but also is the water supposed to go anywhere between now and
when December and this project is done. I can Yeah, you can respond to that and Robert can help if I need the help. My understanding is today they're going to be connecting the the new uh I'm sorry, where's your res?
She she's right over here by the with the big puddle in front of her. Yeah. between that training system is not tied into an outfall system yet. Okay. So actually like he said they're are going to attempt to start work on that today.
So just question that. Why were they allowed to do the work withoutating drainage system in the first place? It's been a huge problem. Why were they allowed to do the road work and the and the drainage place that in without a mitigating drainage system in place? They're responsible for maintaining positive outflow and we
it's not being done daily. We send daily emails and reports and we we've inundated them with uh that they need to improve their drainage system. It just strikes me as there's a lot of asking them to
improve in these weekly meetings. There's no documentation or responsibility it seems on their part drainage to handle the power. Yeah. Yeah. So, Robert, does this get into the means and methods? Robert, I need you to come to the
microphone. I'm sorry. Be able to do my minutes. And by the way, Robert Ernest is one of our the town's inspectors. That's right. Yeah. So, he's he's not a road he doesn't work for roadway. He works he uh it's not necessarily means and methods. It's a MPDS issue and
maintaining positive flows a part of the contract. Uh we have been in contact with South Water Man about it and they are monitoring the situation but as far as uh we can't like arrest them or anything for it. We we
ask them frequently to do it. Actually, they just pumped out the two drainage systems over here where the water was flooding here. And uh we we can't dictate when they tie the drainage into the outflow, but they are
responsible for maintaining the flow. And a way I've actually wrote an email to uh my office to reiterate to them this morning about golf. So I don't live on Gulfream on GFream. Okay. So, so they they're aware of the situation
and they are supposed to take care of it. So, like for purposes of clarity, the $10,000 hedge, which I was up here four years ago getting grilled about that I nicely put in, if that gets ruined, which it's going to unless something
changes quickly, am I responsible? The town the the road like we've had our mailbox over four times. Mr. Bizarro answer there, I believe. No. But is it is it being damaged because of the
flooding? There is so much water in front of our house right now. It is halfway up our lawn the past three of five days. I've been here 6 days. Let me be clear. Like, and one of the reasons why is cuz this our house is just being treated like a
trash bin in front of it. And it's fine, but no one's been here. So, I just want to understand like this is getting bad. What's the timeline for this to be remedied? And no offense, but sending an email doesn't
sound like a good solution. Well, I mean, uh, that has that has to be put in writing, right? The email the emails in writing. Yeah. It's like do we have any contracts in place contract with a vendor we are putting
I need you to come to the microphone please come on up the mic just identify yourself are are there any clauses in place with road can you identify yourself please Bryce Nantis live at 377 Gulfream do we have any clauses in place with
roadway for any damage they pro you know produce or incur against properties along the construction route for remediation, correcting things. The least of which we've had is the mailbox knocked over that's been put up. But we have the hedge that is about to die.
Your sprinklers are gone. Sprinklers have been ripped up in the front which has caused an issue with our sprinkler system. Obviously, us, like many other people in the neighborhood, have had part of our driveway ripped up as the as the um curbs have been put in. But that's the that's the least of it.
This has been going on. And the longer these these puddles hang out and the water comes halfway up the the lawn, the worse it gets. We have silt and clay halfway up the lawn that has killed the grass. So we are in a position now where we have tens of thousands of dollars of landscaping work that needs to be done
to correct the damage that's been caused. And when roadway doesn't drain a puddle for multiple days and they don't seem to be held responsible and they don't be taking responsibility for draining it, it gets worse. So we want to know what's happening with that. Trevor, do you want to No, sure. So, so previously when roadway
has caused damage on private property that is beyond the ride ofway, they've been held financially responsible for that and paid for those invoices. So, um I'm going to bring this to their attention and let them know that there is significant damage occurring and that this needs to be mitigated. And if not, they're going to be responsible for it
and if it continues to to to go forward, then you would do some sort of replacement and then we require roadway reimbursement. Do you recommend we just like keep the on the replacement? Okay. Yes. And also the bell on your mailbox big I'm not
I understand but we can deal with the mailbox dealing with a 180 foot hedge deal no I understand but I would include the mail that's thank you we're happy because because they have to replace part of this is understanding the process right we like wanted to know
where where this all stood for sure they'll be responsible for it okay we've obviously there have been working on polo. That was the first phase. We've gone through this before. Um, if they take care of it, great. If they don't take care of it promptly, we
take care of it. Okay. And then hold them responsible for those calls. So, we'll make sure that you are are held harmless. I appreciate that. They have clearly, it looks like, kind of moved on from us to Lake View and other parts. And so, part one of the reasons we're here is like, hey, come
back down to our side of the road because this is unacceptable to leave. which if you can appreciate our help. No, I mean I drove through it yesterday in front in front of your house and that's why uh my question of Robert who
knows their schedule a little better than me and uh when they're going to connect that and my understanding was they were going to start working on that today. Cool. Thank you. That's great news. They have pictures before. Yes. Look, we have documentation what the
conditions were before we the long like if those hedges are underwater as they've been they will die. Yeah. I mean we have thousands of before and after pictures. Okay. So we we know what your house and and
your landscaping looked at before all this started. I think you have a a old Chicago brick type driveway. Um so uh in our meeting we have a monthly meeting as well before a commission meeting. So they were procuring additional um Chicago brick Chicago brick.
They have decided to do spray paint all over that Chicago brick. So I mean just so you know they spray painted like a quarter way up our driveway. So I'm hoping on the Chicago brick. I don't know if that's if if that's
maybe documenting the rideway or maybe so in some of the drive No. Some of the driveways that are existing and older, like you're talking about with your house, um they need to as the height of the road changes, they need to maintain flow away from the house, which is a change
order that we have at the end of the at the end of the meeting for two separate houses that needed the driveway to be reconfigured onto private property, which the town is is responsible for because it's outside the rideway. So, I don't know if maybe that was part of it, but we're gonna make sure that at the end of the project,
everything in your driveway doesn't pitch back to your garage and pitches down to the right. So, I don't know. Readjust the slope as the roads. Yes, sir. We're not Robert, has that one been done? No. No, no driveways have been done in that area.
Okay. Also, the paint on your driveway could be locate marks for like telephone power and those are they're so good at hitting power. It's really helping. Those paints are designed to go away after a while. Okay. Okay.
Okay. So, on the on on the driveway. Okay. Yeah. But just so they may have to go back up like uh Mr. and asaro said onto the private property make to make that transition work and that'll be our responsibility
as long as we've announced we're having problems I understand it'll be fixed we'll keep the bills we'll work with you um I'm fine with that and if you could please expedite the puddle getting fixed that would be extremely helpful the other thing is as the puddle drains
there is debris all over the road and we've had three pop tires on our brand new car. And today is a perfect example. If you look down that road, the the debris as the puddle is draining is cars are getting like
ruined. I don't I hate to say this, but that's also their responsibility for going and cleaning the road u on a daily basis. So, okay. I mean, we'll look at it today and see.
Did it drain completely? No. No. And we've spent $3,000 on new tires since April. So, that's We're trying to be cool, but like it's 10,000 electrical tires. Like, this is a
$50,000 project to get our house and our cars back to where they were. That's getting exhausting that frankly the tires are totally fixable. People just fix the darn clean the road, right?
And the hedging and I'm not here with I'm here trying got their message. What is the estimated time of completion now? Just so they have a general idea of moving forward. So, so substantial completion is still at this point late
December with final completion I believe in February or March. Um, they may have change orders that come in that adjust that, but substantial completion is essentially all of the road work, the drainage work and the water line. So it would it kind of gets us back to
business as usual with with Christmas these issues will be resolved and the road will be back fairly back to normal except for some finalizing. Correct. The good news is on phase one when they redid the driveways the bricks they did
a nice job. I mean that's the only thing positive right now but they did a pretty good job um restoring if you had a brick driveway. Yeah. I think the tires are killing us. Like every like come on. And I know I'm
in the group the texts with the neighborhood like there's at least 10 cars that have had popped tires. I have too. There you go. Okay. So I'm not raising issues that are unheard of. And the defense they're not using any nails for any of their work.
Yeah. The trucks still drop nails. They're very large. They're very large pointed rocks. It's debris like when they're the size of your fists or should not be in the road.
They're not supposed to be in the road. They're not supposed to be the road. I think yesterday for instance I saw the fires they don't use they don't have they're not using nails screws nails. It's not like a house building project where they
use lots of screws and nails. Not not saying your tires aren't pop from that. I'm just saying that those are some things the things that they would be responsible would be live rocks. Do you have proof like you said before? Do you have proof that
rocks your tire keep that? It's the rocks they're using for the back fill for the culverts. Yeah. They're large. They're falling out of the trucks. They're falling out of the front end loader. I watched it happen yesterday as the front end loader was going down the road dropping rocks along the way. Problem is when they move their heavy equipment, they break the rocks
that are the size of your fist and smaller, sharper rocks that are puncturing tires. Yeah. Right. Joan has pop tires, too. So, thanks for coming in. Yeah, no problem. We We get it. We're trying to be cool. Yeah. No, you are. And we really appreciate if we can maybe get your help in sort of
some of these issues, that would be greatly appreciated. We'll be taken care of and we'll be we'll be reimbursed. Okay. Thank you. Thanks. Um, okay. Moving on to uh section 7073 of the town code, two story setbacks.
Mr. Lisaro. Thank you, mayor. So, there was discussion at last month's meeting about adjusting the the provision for twotory side setbacks that currently exist in section 7073 twotory structures. Uh, uh, C, which has
the minimum 15% of the width of the first story house. Uh so we did get that house approved with a lot of discussion about sort of the intent. Uh in looking back at um some historical development in the town that has occurred after this
provision was added in 2016. Um I I hate to you know poor Mr. Canazaro. Um, but I I'll call it the Catlady's house at 3112 Gulfream Road. Uh, is almost an identical, not identical, but a very similar design, which has the vast
majority of the two-story portion on the north side away from the corner of Middle and Gulfream Road. So, it appears that when Rita Taylor was reviewing that application, she also interpreted the same way that staff did today. So, at least there's there's some consistency.
Um the question remains regarding uh the ARPB and Mr. Lion's concerns for uh for the neighbors and the impact that it has on them. So, what was brought up originally was moving some of the uh some of the language or the language
from uh paragraph B within twotory structures that relates to the front setback uh in some um waiver ability if it is inconsistent with the home's architectural style or the desired visual variation is provided through
other means. So, just moving that into C would be a good solution to allow that visual variation. uh but it doesn't address the what I understand is maybe another concern which is the the neighbors um view and
and privacy. Right. So, I didn't know if that was something that you wanted me to go ahead and add with that sort of uh language and that um that sort of allowance that that is also a factor that needs to be determined or whether
or not you wanted the ARPB to maybe provide some sample language. Uh it just because that all kind of happened very quickly. I wanted to make sure that I was clear in what I brought to the commission in in ordinance form before doing so and wasn't just, you know, legislating myself from my office what I
thought the town code should be. So you want to make it restrictive so they couldn't do what they just did. Um, so it would so there is a an ability for the town commission to wave the
requirement if certain provisions are are observed which exists in paragraph B which res which relates to the front setback for the twotory portion. We're looking at maybe moving that to paragraph C which is the side setback
portions. So it would allow something like that to occur if th those conditions were met almost like a almost like a special exception just some criteria that shows that um we can wave
this requirement within this this paragraph if whatever you know the conditions are that we we come up with. So right now it's visual variation because we don't want a two-story flat wall and then maybe you know the privacy concerns of the neighbor the amount of
the total setback between the second story and the property line some of those different criteria. You may recall from the uh the memoranda that I did Mr. Lions memoranda and our discussions that subsection B had some discretionary
language in it allowing the the commission to to wave and to modify. Subsection C that that we were dealing with didn't really say that. Um but um it was ambiguous enough that the
commission could could make the ruling that that it did, particularly since the almost identical house was was built previously and and approved. But it just seemed that we should have that same language allowing some flexibility to
the ARPB and the commission in subsection C that deals with this this side setback and and perhaps allowing us to put the bulk of twotory homes away from the street which was the full intent.
So the I think what Mr. Nazaro is asking, "Do we want to do that? And if so, should we send that to the ARPB to consider it, consider what the language should be um and then report back to
us?" Didn't Mr. Lions His position was though that it should be as you just described in the first place in terms of the meeting. Is that right? Right. disposition was that uh there was not flexibility right
between the inc and therefore you couldn't have under at least the application we had you would not have been able to have the side to store it because the width yeah okay would have required too much of a setback and this new language would allow for us to interpret it the way we
did at a last meeting that's correct I'm on board with that I'm on board with that as well I yeah I like that flexibility and also I think you know I I respect Mr. Lion's opinion, but he he didn't see the second house. And so, but they need to study it
more to understand what happened to the house because the twotory I believe added so much more volume to the house than moving it to the back. And you can always landscape your neighbors. Um, I believe that. Um, and I I you know, I
hate to see it be so restrictive and it makes people do things that are not attractive. [Music] Um, so I'm into doing this, but I'd like to tighten it up so whoever's, you know, not to have one person saying, "No, you
can't do this." And then everyone else says it looks good. I mean, I think it should be studied a little bit. I hate to study things. The other example you gave was also a corner lot. Correct. That's correct. So, it was a corner lot that put the two-story portion at the
rear of the property off the two street side. So, I think that when people are on middle by via uh Gulf Gulfream Road, they look at it and it's it doesn't tower over. even on on middle it it is a very you
know it appears like a very small structure because it's just it's set back so much from from the road actually I I mean it's a nice house too it's well landscaped a lot of this is when you landscape things out um so I
so what's your recommendation that that we allow the RPB to study it and what impact uh what language should be used uh or we adopt the language it's already there B. So the only the only issue I have with
just adopting the language in B is that if the intent as Mr. Lions indicated was also to protect the the privacy of the side neighbor um that's not one of the one of the um the discretionary
requirements that's contained in B. So if we added that to C then that would that would be workable and provide some flexibility and that's how we would uh you know apply it going forward. So that's a requirement. It's clear that the it's the width of the entire um
first floor portion and then that could be waved if you know these other requirements are met you know it could be waved or or modified. Yeah, the language and and as you say, consideration needs to be given to the neighbors
impacted by that. So, why don't why don't we have the why don't we have the ARPB take a look at this come up they know what our consensus is on how to address this now and have them come up with language that that addresses it.
Does that sound good? Perfect. Yeah. Okay. Yeah. I just want the flexibility to approve these houses. Yeah. Understood. Y Yeah. Okay. Thank you. Uh Trey. Uh all right.
Moving on. Next ARPB meeting is October 23rd at 8:30. Uh finance report. Mr. Dunn. Uh yes, sir. This represents the final u end of the year uh finance report. um any amendments that uh we might need
to make. Uh as you know, we come back to you in November with those. So I would ask that you approve uh this uh water usage and finance report. All right. Any uh questions about the
reports submitted? Um and that was both water and financial. Uh chief, please report. Good morning, mayor, commissioners. appreciate the opportunity to present. Uh if you would just take a look at the report that's attached, I'd ask that you accept it. There's no um anomalies or
anything that I would like to bring to your attention. If you have any questions, I'll be more than happy to answer it regarding the report or anything else police department related. I will brief you that our bathroom is now back in service at the police department and our locker room started to come together yesterday. So, we good
are starting to get out of the construction phase ourself. Terrific. Great. Good. Just quick quick question. Chief, just I presume we're still really happy with the camera system. Uh yes, we are. We have a five-year agreement on that camera system. Um so
as long as they continue to offer the service that they have, we will continue to use that. When we get to the end of that contract, we will obviously want to look at what technologies are available to us at that time for the same cost and how they would integrate. But yes, for now, we're happy with what we have. Uh
good. We'll accept the report then as submitted. Let's move on to uh items for commission action. Ordinance 24/2. We have uh a need to resend and adopt. Mr. Nazara. Thank you, Mayor. As indicated in the memo, uh we did not meet a
deadline to provide a copy of our approved ordinance to the state. Um so because of their I guess I won't add lib because of that u that process that is required we are um we are rescending u first read a
second reading from August 8th we pro we're providing an extension to readopt and then we have uh Jessica our uh staff member here ready to immediately upon the conclusion of the meeting send that information over to the state. So no
change here it's just that uh that requirement. So we would need a motion to resend the August 8, 2025 second reading and then we'll move on to the ordinance itself directly after this. So we've already discussed this and approved it. So is there a motion to resend ordinance 24/2
from the August 8th reading? I'll move to resend um ordinance 24-2. Second Rene. Commissioner Green. Yes. Commissioner Campfield. Yes. Commissioner Orwin. Yes. Mayor Morgan. Yes. Uh now let's read ordinance 24/2.
An ordinance of the town commission of the town of Gulfream, Palm Beach County, Florida, amending the adopted town of Gfream comprehensive plan by adopting the earbased comprehensive plan amendments as set forth herein and attached here too. Providing for severability, repealing all ordinances or parts of ordinances in conflict
hereof, providing for codification and providing for an effective date on the second reading, October 10th, 2025. Thank you. Motion. I'll move. Second. Second. Okay. Commissioner Green. Yes. Commissioner Campfield. Yes.
Commissioner Orline. Yes. Mayor Morgan. Yes. Thank you very much. Okay. Uh let's move on now to the proposed resolution 2517 which deals with water rates. Mr. Nazara. Thank you, mayor. So, um, as, uh, as
discussed in the memo, uh, the town of Delray, I'm excuse me, the city of Delray Beach is increasing our water rates from the existing rate of $3.81 per thousand gallons to $4.90 per thousand gallons, which is projected to
uh cost the town uh $230,000 uh starting this year uh for the same amount of water. So because of that additional expense, we're looking at a rate adjustment. Uh as as I'm sure everyone knows, we do have an inclining block rate structure with four different
tiers. The four tiers were developed based on a rate study uh performed in 1994. Um that rate study uh adopted four different blocks. Block number one was essential or indoor use. If you look at
the proposed resolution, it does not matter the size of your house, I'm sorry, of your lot. The first block is for your essential indoor use. Once we get into blocks 2, three, and four, the acknowledgement that that is largely irrigation uh is um is included
in the uh rate structure as it relates to the size of your lot all the way up to 70,000 square feet, which is approximately 1.6 acres. So, u depending on the size of your your lot, you have a different um uh your tiers are
different, but the I'm sorry, the blocks are different, but the blocks purpose is the same. Block two is for discretionary use associated with proper irrigation application rates as promoted by the South Florida Water Management District. Again, this is from our our rate study and setting these blocks. Block number
three was for discretionary irrigation use and block four uh which we sometimes refer to as our punitive tier because it is uh it is to target you uh and your overwatering uh that is for what the um
rate study called excessive irrigation use. So if you look at our current rates as they stand today, rate number I'm sorry tier number one is $3.60. 60. But the fourth tier to target that excessive
irrigation use is $9.30, which is 158% increase. So if you look at our original ordinance that adopted this, that is actually slightly less of a penalty. The rate difference between the first tier and the fourth tier at that time was
173%. So it, you know, we're we're somewhat consistent but um but not maintaining fully the same percentage. Uh so again within the um the discussion that we've had in the memo, we have uh four options that we are proposing. The
first option would be to not change the rates at all, which would result in a net loss to the water fund of that $230,000 we're projected to spend. In addition of uh because of the Delray beat ra increase uh Mr. BMaster uh
looked at the uh consumption of the town and believed that a rate increase of 90 cents at each tier would recapture the increased cost from Delray Beach's new rate. So if we want to just maintain the status quo, that would be uh option
number two. Option number three uh would be to increase our first tier of $3.60 to match the current rate that we would be paying Delray of $4.90. Uh and then uh increase all the other tiers the same dollar amount which is
$130. So we'd have a difference between just for example a percentage- wise from 490 to 1060 at the fourth tier which is 116% increase which is again uh you know somewhat
consistent with uh with what we've always operated but a little on the conservative side. And then uh the last option would be to increase the first tier again to match the Delray rate at a pass through of $4.90. That is a 36 increase from our existing
first tier to uh to match that rate. And that option four increases all the other tiers the same percentage to uh so the fourth tier would be uh $12.64 again matching the same percentage that
we have currently which is 158% over uh the first tier. So uh with that um we do have uh some figures. Option three adds approximately $107,000 to the water fund. That's the one increases each tier$130.
And then with a consistent percentage increase at option four, it would be estimated to add two to $400,000 to the water fund in addition to offsetting Delray Beach's rate increase. Um just to look at our rates historically, Delray Beach has uh is funding their water
plan. So they have had planned rate increases for the last several years. Uh in 20 for fiscal year 2223, Delary Beach's rate was 276 and the town's first tier was $3.39 which was generating a 63% surplus. Uh
and the following year, Delray beat raised the rate to $3.25 and the town set our rate at $3.60 reducing that surplus per thousand gallons at tier 1 to 35. We did not raise rates last year, but Delery Beach did raise their rate
from 325 to 381. Our tier remained at 360. So, we were operating at a deficit of 21 cents per thousand gallons at tier one. Now, we do have a lot of uh users that consume at the second, third, and fourth tier. Um so uh that um that
deficit was was sustain sustainable but since we're going to um you know with a with a a an additional large increase we did want to uh have this discussion and determine whether or not uh we you know
essentially which option we would we would go for. So with that, if you have any questions of myself, Greg or Mark, um stats recommendations number three. So number three continues to um
option three does not have a loss at the first tier. Historically, we have always generated a surplus at the first tier. Even when we adopted our first um our first um our first rate, I believe
it was. Yes. So, Delery Beach was charging us $1.32 in 1994 and our tier one was $1.70, which was a 38 cent surplus and a significantly larger percentage than than what we've been doing recently. Um, so when we do have
um when we do have residents that have issues with um plumbing or other issues that have resulted in extremely large bills, our policy is that we reduce all that consumption because uh it sort of wasn't their fault. There was sort of an accident. We do reduce them uh their
bill down to the first tier for all that consumption. So that would be, you know, operating at a loss for all that uh all that consumed water. That may not be significant, but that's just sort of part of the reasoning behind uh setting the first tier matching uh that what we are um
the problem is such a huge increase. Um I mean right now we we actually we're subsidizing slightly the the first tier of water at at $3.60. We were being charged 381, but we more than make up for it on tiers two, three,
and four with a surplus, I think, of a couple hundred thousand dollars. Now, Del Rey is essentially gouging us at $4.90, a buck 30, over 30% increase in the rate. So,
but we have to do something. Obviously, we can't we can't continue to to subsidize that water and and and lose money on it. But the question at least from my standpoint is do we go with option two which does raise it and raises it substantially but is probably
not going to lead to much if any surplus or go to option three as staff is recommending which matches Delray and uh then adjust the tiers to provide about a $100,000 surplus.
I think that's the issue. I don't believe anybody wants to go to option four and it would be irresponsible to stay at option one. So I throw that out there to you for and what's the expected rate from uh when once we connect with
uh I believe it's you know it's three something I mean it's it was $3.75. Okay. So it'll be this is more of a temporary at some level it's a temporary move because we're getting gouged by Delray. Um
uh so it's not a it's the next year. Yeah. Yeah. So right so this is this is just I I don't want to call it temporary because it's going to be in place for for at least the next the next year um and and perhaps into next year. Um but then we
will perform a formal rate study which I suggest um that looks at all this again uh based on our our new rate and and funding capital improvements maintenance on the on the water system because that's that's what our rate is supposed to do which is what Delray is doing with
their rates. They have a significant investment in a water plant is it's you know hundreds of millions of dollars I believe. So that's why their rates are increasing. And is your sense that people that are operating in tiers three and four large properties with
massive I I I think it's systems. Sure. So I I think it's more the um the over irrigation because um for example for the second block if you have a 19 to
23,000 square foot lot uh your second block goes to 112,000 gallons but if you have a 40 to 50,000 foot lot it goes to 244,000 gallons. So the larger your lot, the the tiers do adjust to accommodate for this is a normal amount of
irrigation for your size property. So it it doesn't it doesn't penalize people who have large properties by putting everyone in the same class. It has a different class based on the size of your property and therefore your irrigation needs.
Having been in that industry for green industry, landscape irrigation for 10 years now, and we talked about this briefly yesterday on the phone, it's not necessarily the property size. It's irrigation schedule and overwatering. It's having your irrigation run seven days a week for an hour each zone twice
each night and not realizing it for two months. I can't tell you how many calls I've gotten where somebody asked if their land their water bill got went up and I said, "Well, what's your irrigation schedule?" And most of these guys that are maintaining lawns here don't look at irrigation systems. They
if the grass is green, they leave it. Right. That's their job. So I think over irrigation is a huge problem. Yeah. I mean, I'm not a fan of of running anything in a deficit, but I I hate to throw a different option in there, but to kind of
go to the option two for the first tier, but then use the rates that are at option three or even option four for those backend tiers because that's, you know, that that's a um uh in my mind that's just a waste issue and if they
want to waste it, they should pay for it. So, um I I'd almost go for a hybrid um a hybrid between the between the options on the table to to be to deal with the very large increase that's that's that's on the table because of Delray Beach now. Um but but also to
help subsidize that with folks that are just overwatering, which I know it's already designed to do that, but this is such a big rate change that um it would make sense that maybe get people to focus on their irrigation schedules even more.
And we have found that when we do reads, when they do call and complain because we now have the smart meters and we can see exactly when they're watering that they are watering seven days a week and they are overwatering. So, which is crazy because like 30 inches of rain in last month. So,
yeah, everybody's should be off right now. Well, the hybrid account that would require Mark to do more adjusting and we're under we're under Delray's increased pressure right now. They've
already imposed it on us. So, we're actually hugely subsidizing the water bill. I just don't think we should be subsidizing the water bill. It's not a good look. Yeah. If we want to go through one through four, I'm a I'm a three person
in terms of running surpluses. I would agree with three. All right. Three it is. Um okay. So we would need to um adopt the resolution with the option uh with
option three in place of what is there uh currently. Um all right, let's uh let's have a reading of resolution 2517. uh some of the numbers as uh I talked to Trey about this aren't quite right and they'll have to be adjusted I think in this
resolution if we adopt it to be modified by uh by Mark uh as appropriate then uh then then we can pass it u Renee would you read the resolution please a resolution of the town commission of
the town of Gulfream Palm Beach County Florida establishing water rates and charges by resolution as provided in town code section 34 426 rates and charges for the operation of the water distribution system for the town providing an effective date of today, October 10th, 2025
with modifications per the town commission and a modification via this resolution will be consistent with option three as discussed at the commission meeting to approve resolution 25 with everything that Rene said.
Second, Renee. Commissioner Green. Yes. Commissioner Canfield. Yes, Commissioner Orwine. Yes. Mayor Morgan. Yes. Thank you very much. Uh thank you, Mark, for working on that. We had to kind of pull this together pretty quickly, so I appreciate you spending the time to get all the numbers together. Uh all right,
let's move on then to the last item, which is change order number nine. Mr. Naro, thank you, Mayor. So, this change order is, and we touched on it briefly earlier when we were talking about the CIP. This is for two uh driveways that needed to
be reworked up into private property to maintain pro positive drainage toward the road because the road in these areas ended up slightly higher than the existing road. Uh this is and I it's funny you work in town you know the
properties by their owners. Mr. Schuven uh is one of them and um Dr. Mazio is the other. but you know the they're in the change order. So it's those two properties um for the in the amount of $17,217.93
because it goes on to private property and it's not in the rightway. It was not part of the contract. So this would be a change order that is appropriate. The work hasn't been done yet. This is work to be done. The actually one of the driveways has been done. Mr. Schubin on the on the south end and Mr. Mazio, I think they
were they're procuring the Chicago brick right now and they're going to be doing it as soon as we So it hasn't been held up. So, uh, correct. It has I I just have a question right now. I mean, there
have they talked Robert's gone. So, I mean, are there more driveways? It It seems to me like they're perhaps are going to be I'm I'm not sure. Okay. Is one Oh, is one of these Mazio? Yes.
Oh, okay. All right. Never mind. Okay. Uh, any comments, discussion? Motion. I'll move to approve the change order number 09 in the amount of $17,217.92. Second. Right. Commissioner Green.
Yes. Commissioner Canfield? Yes. Commissioner Orline? Yes. Mayor Morgan? Yes. Uh, any other comments for the good of the order? If not, We are