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.
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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
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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.
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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.
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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.
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Rita L. TaylorV
Town Clerk
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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)