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HomeMy Public PortalAbout4 17 2017 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN OCOMMISSION OF THE TOWN OF GULF STREAM ON MONDAY, APRIL 17, 2017 AT 9:00 A.M., IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. O C O 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 Participating: Also Present & Participating: Scott W. Morgan Thomas M. Stanley Paul A. Lyons, Jr Joan K. Orthwein Donna S. White William Thrasher Gregory Dunham John Randolph Edward Nazzaro Edward Allen Rita Taylor Mayor Vice 'Mayor Commissioner Commissioner Commissioner Town Manager Incoming Town Manager Town Attorney Staff Attorney Police Chief Town Clerk IV. Consideration of scheduling closed door Attorney/Client Sessions regarding cases set forth on Exhibit "A" attached to this agenda to commence immediately following the conclusion of this Commission meeting on this Monday, April 17, 2017 in the administrative office across from the Town Commission Chambers, 100 Sea Road, Gulf Stream, FL. The estimated length of the sessions will be 10 minutes for each of the eight cases enumerated. Attorney/Client Session Attendees: Mayor Scott W. Morgan; Vice Mayor Thomas M. Stanley; Commissioners Paul A. Lyons, Jr., Joan K. Orthwein, Donna S. White; Town Manager William H. Thrasher; Town Attorneys John C. Randolph and Joanne M. O'Connor; Special Trial Counsel Robert Sweetapple; Staff Attorney Edward C. Nazzaro; and Court Reporter from Pleasanton & Marsaa Court Reporting. Attorney Randolph advised that he needed advice from the Commission in regard to litigation strategy and other matters in regard to the cases, the numbers of which are hereby attached as Exhibit A and made a part of the record. Attorney Randolph then verbally stated verbatim that which is written above. He added that he is requesting one closed door session to consider the O'Hare cases and a separate closed door session regarding the Asset Enhancement, Inc. vs Town of Gulf Stream case. He advised, if the Commission is in agreement, that a Motion in this regard is necessary. OMayor Morgan asked if there is a motion to hold these closed door sessions as requested by the Town Attorney. Commissioner Orthwein moved that these closed door sessions be held as requested by the Town Town Commission Regular Meeting 6 Public Hearing, 4-17-17 @ 9:00 A.M. OAttorney, Vice Mayor Stanley seconded the motion and all voted AYE at roll call. V. Minutes. A. Regular Meeting of March 10, 2017. B. Certification of Election Returns/Seating of Commissioners March 17, 2017. C. Special Meeting March 17, 2017 -Appointment of Town Manager Mayor Morgan asked if there were any corrections, additions or comments with regard to any of the minutes that are listed and there were none. Commissioner Orthwein moved to approve the minutes of March 10, 2017 and the two meetings of March 17, 2017 and the motion was seconded by Vice Mayor Stanley. All voted AYE at the roll call. VI. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes to the agenda. VII. Announcements. A. Regular Meetings and Public Hearings 1. May 12, 2017 @ 9:00 A.M. 2. June 9, 2017 @ 9:00 A.M. 3. July 14, 2017 @ 9:00 A.M. 4. August 11, 2017 @ 9:00 A.M. 5. September 8, 2017 @ 9:00 A.M. 6. October 13, 2017 @ 9:00 A.M. Mayor Morgan called attention to these meetings. B. Proclamations 1. Proclaiming April 2017 as Water Conservation Month. 2. Proclaiming April 2017 Florida Water Professional Month. 3. Proclaiming May 14-20, 2017 as Water Reuse Week 4. Proclaiming April 17, 2017 as William H. Thrasher Day At the request of the Mayor, the Town Clerk noted the content of the first three proclamations and then read in its entirety, the proclamation declaring April 17, 2017 as William H. Thrasher Day in Gulf Stream. Mayor Morgan called attention to and expressed his appreciation for the number of Mr. Thrasher's accomplishments over his 21 year tenure. He said he is pleased and honored to sign this proclamation. VIII. Communication from the Public (3 min. maximum) Martin O'Boyle said that on Saturday he had stated that he would present a plan with regard to the Public Records Litigation but that the plan is not complete. He observed that the possibility of a settlement of this litigation would begin with the action that would be taken at the closed door session to be held. He said that it has been stated that through this litigation his son would be destroyed and as a result it would break him but he could assure that this will not happen. He further stated that this case is not frivolous as some think. OIX. PUBLIC HEARING K Town Commission Regular Meeting & Public Hearing, 4-17-17 @ 9:00 A.M. There was no ex -parte communication declared and the Town Clerk C) administered the Oath to Carlos Linares, Christopher O'Hare, Robert Burns and Landscape Architect Mark Jacobson. A. Applications for Development Approval 1. An application submitted by Carlos Linares of Randall Stofft Architects, as Agent for Dan and Maria Reinhart, the owners of property located at 955 Indigo Point, Gulf O Stream, Florida 33483, legally described as Lot 71 and Part of Lot 72, Place Au Soleil Subdivision. Mr. Linares reminded that this is a continuation from the meeting of March 10, 2017 at which the items in question were with regard to the landscaping. He further stated that this matter was returned to the ARPB for their suggestions regarding the landscaping and that the Landscape Architect is present to explain the changes that have been made. He displayed the amended drawings and explained that additional trees have been added on the north side to break up the roof mass of the second story element and Palm trees have been added along the driveway to further break up the mass of the second story. Commissioner Lyons asked if there had been any neighbor comment and was advised that there had been none. In answer to a question from Commissioner White, Mr. Jacobson explained that the Ficus hedge on the south side was the neighbors hedge and that Oit will remain and be treated for the White Fly infestation. She further noted that it appears there has been more coverage added on the south side than what had previously been shown. Mr. O'Hare stated he is pleased with this project. He stated that Ordinance 15/4 addresses open front lawns and at that adoption it was decided that open front lawns applies to the entire front area from the front face of the building to the front property line, and that plants in that area, plants could only be 3 feet tall. He noted that the existing hedge is non -conforming in height and one of the recommendations is that the hedge be maintained in conformity with the code. He said he is not opposed to the project but is opposed, as he has always been, to Ordinance #15/4. The Mayor remarked that this has been reviewed by the ARPB and by the outside consultant and recommended for approval. He asked Mr. O'Hare if he was asking that this project be denied, pointing out that it is Mr. OO'Hare's opinion that it does not meet the Code to which Mr. O'Hare replied that he has no problem with the project, provided that it be approved with the condition that it meets the code. a. DEMOLITION PERMIT to permit the demolition of existing structures on the property. Vice Mayor Stanley moved to approve the Demolition Permit and Commissioner White seconded the motion with all voting AYE at roll call. b. LAND CLEARING PERMIT to clear the site for the new construction and re -landscaping. 3 Town Commission Regular Meeting & Public Hearing, 4-17-17 @ 9:00 A.M. OVice Mayor Stanley then moved to approve the Land Clearing Permit. Commissioner White seconded the motion and all voted AYE. C. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the construction of a 2 -story, single family, Gulf Stream Bermuda style dwelling with attached 3 -car garage consisting of 7,340 square feet, swimming pool with spa, fire pit and fountain. OA motion was made by Vice Mayor Stanley to approve the Level 3 Architectural/Site Plan based on the finding that the proposed construction of a two-story, single family, Gulf Stream Bermuda style dwelling with attached three car garage consisting of 7,340 SF, swimming pool with spa, fire pit and fountain meet the minimum intent of the Design Manual and applicable review standards with the following conditions: 1)Any minor modifications in the landscape plan shall be submitted to the Town Manager for review and approval and any major modifications shall be brought back to the ARPB for review and approval, prior to commencement of landscaping. 2) All boat lifts, docks, seawalls etc. will conform to Town Code Section No. 66-369 Docks. 3) Plans to be submitted to Place Au Soleil Homeowners Association for review and comment prior to Public Hearing to be held by the Town Commission on February 10, 2017 (Note: This has been done) 4) During construction period there will be a 6' high screen around the property. 5) Hedge must meet the code on the property line, especially in relation to the views. 6) The landscape material on the south side O of the house to be increased to provide buffer screening of second story. (Note: This has been done) 7) The landscape material to be increased on the north and south side of the house and landscaping material added on the west side to soften the first story roof. (Note: This has been provided for) The motion was seconded by Commissioner White and all voted AYE at roll call. X. Reports. A. Audit for 2015/2016 Fiscal Year -Ron Bennett, Lead Auditor Mr. Bennett presented the Audit Document, advising that it includes 4 separate reports and follows all State requirements that apply to Gulf Stream. He said this is a "clean audit" and Nolen, Holt & Minor are pleased to represent the Town of Gulf Stream as their auditor. Commissioner Lyons asked if there were any year-end adjustments to which Mr. Bennett replied that there were and a separate report that is required by the State will be furnished within the next week. He then Oasked if a management report will be included that would include any recommendations or changes. Mr. Bennett said that the management letter is included in the report that he is presenting at this meeting and they have no changes to recommend. B. Utility Undergrounding-Danny Brannon (Engineer) Mayor Morgan, in the absence of Mr. Brannon, reported that the undergrounding, at least the conduit laying, is nearing completion after which the various utilities will be pulling their wires through the conduit. He said the road work will be worked into the schedule at the proper time. F51 Town Commission Regular Meeting & Public Hearing, 9-17-17 @ 9:00 A.M. C. Town Manager �) There was no Managers report D. Architectural Review & Planning Board 1. Meeting Dates a. April 27, 2017 @ 8:30 A.M. b. May 25, 2017 @ 8:30 A.M. c. June 22, 2017 @ 8:30 A.M. O d. July 27, 2017 @ 8:30 A.M. e. No August Meeting E. Finance Director 1. Financial Report for March 2017 Mr. Thrasher asked that the report be accepted as presented if there are no questions. There were none and the Mayor declared that the report be accepted as presented. 2. Water Usage as of March 31, 2017 Mayor Morgan also declared the Water Usage report accepted as presented as there were no questions regarding it. F. Police Chief 1. Activity for March 2017 Chief Allen asked that his report be accepted as presented and there being no questions, Mayor Morgan so declared. The Chief advised that Lt. Hasley has been working closely with FEMA to achieve reimbursement for the overtime expenditures during Hurricane Matthew and was pleased to report that they are expecting approximately $18,000 to be received. G. Town Clerk �1 1. Post -Election Manual Audit Town Clerk Taylor advised the Manual Audit had been completed during the week following the election and the result was 100% in compliance with the original voting system tally and that there were 195 ballots under - voted and 1 ballot over -voted. H. Place Au Soleil, Chet Snavely, HOA Pres. -Update Re: Proposed Construction south of Place Au Soleil Mr. Snavely said that Mayor Morgan had met with the Mayor in Delray Beach and subsequently he and Mayor Morgan met with the Director and some members of the Planning Board and engineers, architects and management representatives with the Gunther agency. He explained that they made it clear that Gulf Stream was not trying to stop the project but only to alter the design to lessen the impact on Place Au Soleil. The main emphasis was on the lighting and noise pollution and the proximity to Place Au Soleil. He went on to say that the project meets the Delray Code and a subsequent letter from the developers stated that Othey could not enclose the structure as that requires a mechanical ventilation system that would be very noisy and cost prohibitive. He said he had suggested that they install a louver system to direct noise and lighting toward the highway and move the storage area to the south side of the structure but they are not willing to do any of this. Mayor Morgan called attention to a copy of the letter that he would like Oto send to the Delray Beach Officials and requested that each Gulf Stream Commissioner also sign the letter. 5 Town Commission Regular Meeting & Public Hearing, 9-17-17 @ 9:00 A.M. OTown Manager Thrasher suggested that the Delray Beach Comprehensive Plan be carefully reviewed if it has not been at this point. Commissioner Orthwein moved to have all of the Gulf Stream Commissioners sign Mayor Morgan's letter to Delray and Vice Mayor Stanley seconded the motion with all voting AYE. ^ Town Manager Thrasher asked if there are any objections to him having �) Urban Design review the Delray Comp Plan and there were no objections. XI. Items for Commission Action. A. Reorganization of the Commission 1. Election of a Mayor Commissioner Orthwein moved to reappoint Mayor Morgan, adding that he has done a great job and will continue to do so. Commissioner Lyons seconded the motion and all voted AYE at the roll call. 2. Election of a Vice Mayor Commissioner Orthwein commented that Mr. Stanley has also done a wonderful job as Vice Mayor and nominated him to be reappointed as Vice Mayor which was seconded by Commissioner Lyons with all voting AYE. B. Designate Voting Delegate & Alternates -P B League of Cities Commissioner Orthwein moved to appoint Mayor Morgan as the Voting Delegate to the Palm Beach County League of Cities and all Commissioners and the Town Manager as Alternates. Vice Mayor Stanley seconded the O motion and all voted AYE at roll call. C. Auditing Services 2017/2019-Nowlen, Holt & Miner, P.A. Commissioner Orthwein moved that the auditing services with Nolen, Holt & Miner, P.A. be continued for 2017/2019 as presented and Commissioner White seconded the motion with all voting AYE. D. Street Repaving Agreement-Anzco, Inc. Town Manager Thrasher explained that this Agreement is to have Anzco perform repaving work as per an Ocean Ridge competitively bid contract, said work not to exceed $220,000. He went on to explain that a work order in the total amount of $178,500 is attached. Commissioner Orthwein moved to approve the proposal and terms of Anzco, Inc. at a price not to exceed $220,000 at pricing and terms of the Anzco proposals. Vice Mayor Stanley seconded the motion and all voted AYE at the roll call. E. Items by Mayor & Commissioners Commissioner Orthwein thanked all of the residents for their patience �\ with all of the disruption from the undergrounding project. v Mr. Burns, a Town resident, apologized for not asking to speak under public comment but wanted to congratulate all on the election and also to thank Mr. Thrasher for his 21 years with the Town and wish him well. He then ask if there could be a study with regard to making Lakeview one-way east to west and Banyan one-way west to east and restricting Otruck traffic on both of these streets. Town Commission Regular Meeting S Public Hearing, 4-17-17 @ 9:00 A.M. Mayor Morgan said these things have been looked at but the Town would C) most certainly give these suggestions additional consideration. XII. Adjournment. Mayor Morgan announced there would be a 10 minute break before exiting to the administrative offices for the closed door sessions. He then adjourned the Regular Meeting and Public Hearing at 10:35 A.M. O Rita L. TaylorV Town Clerk N N U 7 EXHIBIT A Asset Enhancement, Inc. vs Town of Gulf Stream Case No. 502014CA010216 AF (Artau) O'Hare vs Town of Gulf StreamCase No. 502013CA016864 AD (Ferrara) O'Hare vs Town of Gulf Stream Case No. 502013CA017793 AO (Rowe) O'Hare vs Town of Gulf Stream Case No. 502013CA018095 AB (Blanc) O'Hare vs Town of Gulf Stream Case No 502013CA018098 AH (Small) O'Hare vs Town of Gulf Stream Case No: 502014CA008327 AF (Artau) O'Hare vs Town of Gulf Stream Case No. 2014CC010712 RB (Sherri Collins, J., County Court) O'Hare vs Gulf Stream Case No. 502014CC012269 RJ (Johnson, L., County Court)