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HomeMy Public PortalAbout1 13 2017 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN C) COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JANUARY 13, 2017 AT 9:00 A.M., IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Morgan called the meeting to order at 9:00 A.M. O II. Pledge of Allegiance. The Mayor led the Pledge of Allegiance. III. Roll Call. Present and Participating: Also Present & Participating: Scott W. Morgan Thomas M. Stanley Paul A. Lyons, Jr. Joan K. Orthwein Donna S. White William Thrasher John Randolph Edward Nazzaro Edward Allen Rita Taylor Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Town Attorney Staff Attorney Police Chief Town Clerk IV. Minutes of the Regular Meeting of December 9, 2016. Commissioner Orthwein moved for the approval of the Minutes of ODecember 9, 2017 that was seconded by Commissioner White with all voting AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Mayor Morgan advised that Attorney Sweetapple would give a report on a recent trial under Item VIII. followed by the Public Hearing as Item IX, Reports as Item X, Commission Action as Item XI. with an additional Item XI.B., Resolution No. 17-01 Designating a Canvassing Board. The Adjournment then becomes Item XII. VI. Announcements. A. Regular Meetings and Public Hearings 1. February 10, 2017 @ 9:00 A.M 2. March 10, 2017 @ 9:00 A.M. 3. March 17, 2017'@ Noon -Election Certification 4. April 14, 2017 @ 9:00 A.M. 5. May 12, 2017 @ 9:00 A.M. O6. June 9, 2017 @ 9:00 A.M. B. Mayor's Proclamation for Election March 14, 2017 1. Election Day March 14, 2017-7:00 A.M. to 7:00 P.M. The Town Clerk read the Proclamation in its entirety. C. Candidates for Town Commission Filing Dates from noon January 31, 2017 to noon February 14, 2017. Mayor Morgan reminded of these filing dates. OVII. Communication from the Public (3 min. maximum) Town Co=ission Regular Meeting S Public Hearing 1-13-17 at 9:00 A.M. OFormer Vice Mayor Robert Ganger was recognized and thanked everyone for being so kind and thoughtful during his recovery that is now at 9 months of an expected 12 month period. He remarked what a great town Gulf Stream is, with a lot of nice people, and gratefully expressed his appreciation for everything. OMayor Morgan thanked Mr. Ganger, adding that this town is great and in no small part due to Mr. Gangers help and input, and credit goes to him as much as to anyone else in this town. Mary Ronney, daughter of Nancy Touhey who is recently deceased, said her family is now charged with selling her property. She remarked how much her mother loved Gulf Stream, so enjoyed living here, and wanted to thank everyone who has been so supporting, kind and helpful to her family and her mother who would want her to be here to thank everyone. Mayor Morgan said that her mother was a great, stalwart woman who was his neighbor whom he had worked with on a number of things. He remembered her as a warm, intelligent woman who will be sorely missed. The President of the Place Au Soleil Homeowners Association, Chet Snavely, reported that the members are quite concerned about the improvements being planned for construction on the property of OGunther/Volvo just south of Place Au Soleil on Federal Highway. He said that Quinn Micklos, who is an architect, lives next to this property and is heading the investigative efforts as to what the final development plans may be with Delray Beach. He advised that there will be an HOA meeting on January 23, 2017 at 7 P.M. and he invited all commissioners to attend and added that representatives from Gunther Volvo would be there at 7:30 P.M. to receive input. He closed by remarking that it is important that there be a good relationship between Delray and Gulf Stream. Copies of a letter that was sent to Delray in regard to this matter were left on table in the lobby of Town Hall for those interested. Christopher O'Hare said he was pleased to see Mr. Ganger present and hoped he has a continued and speedy recovery from his difficulty. He went on to remark that he sees Attorney Sweetapple is present and assumes he will be reporting on a recent law suit in which the Town O prevailed. He advised that he and his attorneys did not agree with this finding and will appeal, possibly to the Supreme Court. He encouraged the Town to reconsider the large expenditures that are being made with these public records law suites. Anthony Grazziano, 3259 Polo Drive, reminded that there is a utility alley that is located on the west side of Gulf Stream Road and the east Oside of Polo Drive. He asked for an explanation as to why the new underground facilities are not being placed in the alley as opposed to being placed in the front of the properties. 2 Town Commission Regular Meeting s Public Hearing 1-13-17 at 9:00 A.M. O VIII. Report from Attorney Sweetapple. Attorney Sweetapple reported that starting in early December, 3 cases were brought by Mr. O'Hare to be tried by the Honorable Judge Barkdahl and he found in favor of the Town, finding the Towns right to seek attorney's fees which will be done. The 3rd case, a case of first Oimpression in the State of Florida and maybe in the United States, concerned the issue of whether or not the Towns attempt to plead and to prove that the law suit filed by the O'Boyle Law Firm on behalf of Mr. O'Hare was in fact filed in bad faith and for the purpose of generating litigation solely to try to obtain money from this town. He further reported that the Florida Bar has become interested in this issue and the Town of Gulf Stream was featured in a Bar Review article published in November. There also seems to be a national awareness that Florida and other jurisdictions that have liberal public records rights are right and becoming the source of abuse for lawyers and individuals to just generate litigation to obtain attorney fees and there are a number of reasons why that market exists. One is the right to obtain a public record is an absolute right to get records timely from governments and government employees, and the motivation to get the record is totally irrelevant. In addition, the attorney fee clause is one-way. If you win as the plaintiff you get fees and if you lose, nobody gets fees. He said that Gulf Stream has become the "poster child" for this conduct. OAttorney Sweetapple said the 3rd case was a case of first impression because the defense that a municipality, or anyone obligated to provide records has is that they acted in good faith. If there appears to be a delay, then a review of the general circumstances on a case by case basis must be done to determine if the defendant had acted in good faith. He then commended Kelly Avery who has left her current employment on numerous occasions to testify at trials and depositions, and her testimony was very forthright and explained exactly what was going on in this town. Attorney Sweetapple explained that when courts realize that the law is being abused and facts change, courts rule to meet the changes in facts and his theory is that the law needs to change. It is necessary to assert that the conduct of these lawyers is in bad faith and being done to generate litigation. He pointed out that a recent decision by the Oappellant division opened the door in our jurisdiction to look at what is going on. He then read verbatim the ruling in this case from Judge Barkdahl. Mayor Morgan expressed his and the Towns appreciation for all his efforts over the past 3 years in this regard, along with those of Jones, Foster, Joann O'Conner and Edward Nazzaro. IX. PUBLIC HEARING A. Applications for Development Approval 3 Town Commission Regular Meeting & Public Hearing 1-13-17 at 9:00 A.M. O1. An application submitted by Dave Bodker, Landscape Architect, as Agent for Kristin Muir, the owner of property located at 3244 N. Ocean Blvd., Gulf Stream, Florida, which is legally described as Lot 31 and a part of Lot 30 in Gulf Stream Properties Subdivision. Mr. Bodker explained that David Frank of Precision ODrafting and Design, Inc. is also present and the desire is to demolish the existing pool and deck and construct a new pool, pool deck, covered lanai with outdoor fireplace and chimney. He said the planting is simple with the addition of 5, 12' Areca Palms to additionally screen the new lanai. There are existing Coconut Palms and they will be relocating Foxtail Palms in between the Coconut Palms. He pointed out that there is an existing ficus hedge the full length. He said the neighbor to the south had just completed some improvements to their property and had installed some additional trees on their property. Commissioner Lyons asked if the new chimney would be covered with landscape material to which Mr. Bodker said it will be covered. Commissioner White asked if the Areca extends the full length to which Mr. Bodker said they are basically in the area of the new lanai. Commissioner Whites' concern was that if they went the entire length it could be difficult to treat the Ficus for Whitefly. a. DEMOLITION PERMIT to remove existing pool and prepare the structure for the addition. Commissioner Stanley moved to approve a demolition permit to remove the existing pool and prepare the structure for the addition and Commissioner Orthwein seconded the motion with all voting AYE. b. SPECIAL EXCEPTION to permit the addition of a covered patio on the south side of an existing non -conforming Bermuda style one-story, single family dwelling, the north side of which encroaches approximately 5.24 feet into the north side setback. Vice Mayor Stanley then moved to approve the Special Exception to permit the addition of a covered patio on the south side of an existing non -conforming Bermuda style one-story single family dwelling, the north side of which encroaches approximately 5.24 feet into the north side setback. The motion was seconded by Commissioner O Orthwein and all voted AYE at roll call. c. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the construction of a new swimming pool and Jacuzzi, a 6' high wall to conceal the air conditioning & generator units and the addition of a 482.5 square foot covered patio with outdoor fireplace to the existing Bermuda style, one-story, single family dwelling which O includes adjustment of and addition to the landscaping. Commissioner Stanley moved for the approval of the n Town Commission Regular Meeting & Public Hearing 1-13-17 at 9:00 A.M. OLevel 3 Architectural/Site Plan based on a finding that the proposed Construction of a new swimming pool and Jacuzzi, the construction of a 6 foot high wall to conceal the air conditioning and generator units, and the addition of a 482.5 square foot covered patio with outdoor fireplace to the existing Bermuda style, one-story, single family dwelling which includes adjustment of an addition to the landscaping meet the minimum Ointent of the Design Manual and applicable review standards with the following condition: A 4' high Podacorpus hedge material shall be placed in front (neighbor's or street side) of existing chain link fencing. This motion was seconded by Commissioner Orthwein and all voted AYE. X. Reports. A. Utility Undergrounding-Danny Brannon (Engineer) Mr. Brannon reported that Florida Power & Light will not be removing the old utility poles in Phase 1 until the new street lights are installed along AlA and FP&L cannot install the new street lights until FDOT issues them a permit to install them on the DOT right-of-way. Mr. Brannon said that they are expecting to have that permit very soon. With regard to Phase 2, he reported that the contractors' completion date is June 15, 2017 and that the conduit has been installed the full length of Polo Drive and along all streets west of Polo Drive. He went on to say that the contractor has brought in a second crew and plans to Obring in the third crew very soon. The contractor has requested to be permitted to work on Saturdays, he said. Town Manager Thrasher said this question was asked in the pre -construction meeting and they were advised this would be possible since Saturday work was permitted for Phase 1. There was discussion about restricting the Saturday work to pulling cable and installing equipment but no drilling or pumping. Commissioner Stanley moved to permit Saturday work limited to pulling cable and placing equipment and Commissioner White seconded the motion. All voted NAY at roll call with the result being there shall be no Saturday work on the project. Mr. Brannon, addressing the request to have the utilities placed in the alley behind some of the homes, advised that when the Florida Public Service Commission approved the GAF Credits and the storm secure program after the 2004/2005 hurricanes, it was agreed that the transformers must be placed in a location that is accessible from a street so.a truck with O proper equipment can reach over and pick up a transformer. In answer to a question from the audience, Mr. Brannon advised that there is one house that is on a corner which makes it possible to place the transformer at the edge of the alley and still reach it from the street. B. Town Manager 1. Establish oversight authority for proceeds from Local Government Infrastructure Surtax OTown Manager Thrasher reported that the County Ordinance which implements the referendum establishing the one cent Local Government Infrastructure Surtax requires that each recipient of these 5 Town Commission Regular Meeting & Public Hearing 1-13-17 at 9:00 A.M. Ofunds must establish an oversite committee to make certain the funds are spent on projects for which they were intended. He explained that the Town could establish its own committee or could participate in a committee that is being created by the Palm Beach County League of Cities. The Town Manager advised that staff is recommending that Gulf Stream participate in the Committee being established by the League. OCommissioner Orthwein moved that Gulf Stream participate in the Oversite Committee being established by the Palm Beach County League of Cities. Commissioner White seconded the motion and all voted AYE at roll call. Attorney Randolph advised there would be a Resolution prepared and presented at the next meeting. Commissioner White asked if these funds could be used for water lines, sewers and gas lines. The Town Manager did not think so and reminded that the capital expenditures in Gulf Stream have been designated to be roads, but he would look into it. He said the Gulf Stream share of these funds would only be $45,000 to $50,000 per year which, according to a previous survey regarding installation of sewers, would not even begin to fund a sewer project. Commissioner White said she understood roads would be the first priority for these funds. C. Architectural Review & Planning Board 1. Meeting Dates Oa. January 26, 2017 @ 8:30 A.M. b. February 23, 2017 @ 8:30 A.M. c. March 23, 2017 @ 8:30 A.M. d. April 27, 2017 @ 8:30 A.M. e. May 25, 2017 @ 6:30 A.M. f. June 22, 2017 @ 8:30 A.M. g. July 27, 2017 @ 8:30 A.M. D. Finance Director 1. Financial Report for December 2016 There were no questions about the financial report and Mayor Morgan declared it accepted as submitted. E. Police Chief 1. Activity for December 2016 Chief Allen asked that the report be accepted as presented, if there are no questions. There being none, the Mayor declared the report accepted. Chief Allen also reported that Sgt. OHaseley has been promoted to Lt. Haseley, adding.that he has been with the department for 24 years and has been a road patrol Sergeant for the past 16 years. The Chief added that he has a wealth of knowledge and has been very loyal to the agency and will do an outstanding job. XI. Items for Commission Action. A. Items by Mayor & Commissioners O 1. Town Hall Building Addition -Mayor Morgan Mayor Morgan reminded that enlargement of the town hall 9 Town Comission Regular Meeting 6 Public Hearing 1-13-17 at 9:00 A.M. Ohas been discussed and he believed it to be time to move forward with the preliminary plans. He pointed out that there is someone working in the library, the staff attorney is using the commission chamber, there are file cabinets in the hallways and the building is overcrowded. He asked the Town Manager if there were any estimates of cost. OTown Manager Thrasher said he had some verbal high end estimates of $300 per square foot from some respected contractors. He said the addition would be approximately 600 sq. ft. or $160,000, reminding that in the long range planning meeting a figure of $200,000 was recognized. Mr. Thrasher advised that the next step is to have construction drawings prepared after which a bidding process would commence with the help of the attorneys. In answer to a question from Mr. Lyons, the Town Manager said a more symmetrical building would be created with a 20 to 30 ft. bump -out on the west side of the building, tying the roof into the existing roof. He said that would be as far as we could go without reconfiguring the driveways. Vice Mayor Stanley pointed out that we must have a more bona fide server room to provide for the expanded records system that has evolved. Commissioner Orthwein moved to direct the Town Manager to move forward Owith the construction drawings for the expansion of the town hall and Vice Mayor Stanley seconded the motion with all voting AYE at roll call. Mr. O'Hare suggested that a new large building that would house town hall and the police department be built on the property in back of the current town hall and employees could just move right in with very little disruption. He said that the police building could be destroyed and that property be sold to help pay for the new structure. B. Resolution No. 17-01; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, DESIGNATING THE SUPERVISOR OF ELECTIONS, THE TOWN CLERK AND THE ADMINISTRATIVE ASSISTANT TO THE TOWN CLERK AS THE CANVASSING BOARD, TO BE IN ATTENDANCE FOR THE TESTING OF THE COMPUTER ELECTRONIC SYSTEMS TABULATING EQUIPMENT TO BE USED FOR THE GENERAL ELECTION SCHEDULED FOR MARCH 14, 2017 AND TO CANVASS RETURNS OF SUCH ELECTION INCLUDING THE ABSENTEE BALLOTS; ASSIGNING SUPERVISOR OF ELECTIONS TO HANDLE THE ABSENTEE BALLOTS; PROVIDING FOR REPEAL OF PRIOR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AND EFFECTIVE DATE. The Town Clerk read Resolution No. 17-01 by title and Vice Mayor Stanley moved for the adoption of Resolution No. 17-01. Commissioner Orthwein seconded the motion and all voted AYE at the roll call. XII. Adjournment. OMayor Morgan adjourned the meeting at approximately 10:30 A.M. 7 Town Commission Regular Meeting 6 Public Hearing 1-13-17 at 9:00 A.M. C i� Rita L. Taylor, Town C erk O O