Loading...
HomeMy Public PortalAbout12 14 18 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 14, 2018 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. II. Pledge of Allegiance. Mayor Morgan led the Pledge of Allegiance. III. Roll Call. Present and Participating: Scott W. Morgan Mayor Thomas W. Stanley Vice Mayor Paul Lyons, Jr. Commissioner Joan K. Orthwein Commissioner Donna S. White Commissioner Also Present & Participating: Absent W/Notice: IV. Minutes. Gregory Dunham Edward Nazzaro Edward Allen Rita Taylor John Randolph Town Manager Staff Attorney Police Chief Town Clerk Town Attorney A. Regular Meeting of November 9, 2018. Commissioner Orthwein moved to approve the minutes of November 9, 2018, and the motion was seconded by Vice Mayor Stanley with all voting AYE at roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes to the agenda. VI. Announcements. A. Regular Meetings and Public Hearing 1. January 11, 2019 at 9:00 A.M. 2. February 8, 2019 at 9:00 A.M. 3. March 8, 2019 at 9:00 A.M. 4. April 12, 2019 at 9:00 A.M. S. May 10, 2019 at 9:00 A.M. Mayor Morgan called attention to these dates. VII. Communication from the Public (3 min. maximum) There was no comment from the public. VIII. PUBLIC HEARING A. Declaration of Ex -Parte Communication There was no Ex -Parte Communication declared. B. Administer Oaths The Town Clerk administered the Oath to Ken Weitz and Dan Carter. Minutes of Town Commission Regular Meeting & Public Hearing Held Dec. 14, 2018 @ 9:00 A.M. C. Applications for Development Approval 1. An application submitted by Ken Weitz of Vintage Building & Design, as Agent for Arthur Family LLC, a Florida Limited Liability Company, owner of Property located at 3423 Oleander Way, Gulf Stream, Florida 33483, legally described as Lot 49 of Re -plat of Part of Gulf Stream Properties No. 2. Mr. Weitz, of Vintage Building and Design, stated they are proposing to demolish the existing home that is on the property and in its place landscape the property. Mr. Weitz requested an extension of the demo through January stating that they are ready to apply for the demo permit immediately upon approval by the Commission. He stated they thought it would take four to five days to demolish the house. Mayor Morgan asked what would happen after the four to five days of demo and Mr. Weitz said they would then begin landscaping. Mr. Lyons asked the background on the property relating to ownership. Mr. Weitz explained the buyer as being the Arthur Family Trust and the Clark's have interest in that Trust. He added that it is the Clark's intention to incorporate this land into their current property. Mr. Lyons asked if they were trying to create more green space and Mr. Weitz agreed. Mayor Morgan asked if there were any plans to build on it and Mr. Weitz answered there were not. Mr. Carter, Landscape Architect, stated the intention of the Clark's was to create a heavy buffer on the west side using a similar material that is already on Oleander. The clusia will come in somewhere between 6' and 8' tall, and will be adding coconuts and a banyan to the corner to create a second story buffer so it's basically surrounded by plant material and not visible from the street. Commissioner Orthwein asked if all the neighbors had seen the plans, which prompted Mayor Morgan to ask if there had been any comments from the neighbors. Town Clerk Taylor stated there had been one and that she was present in the meeting. Ms. Taylor explained that Mrs. Dean had attended the ARPB meeting on November 15, 2018. Mayor Morgan then asked if Mrs. Dean would like to speak and she declined stating that she was comfortable with what has been happening thus far. Ms. Taylor then explained that was the only comment that has been made. Mayor Morgan asked for comments from staff stating that it was unusual to go beyond the seasonal demolition period. Town Manager Dunham explained that there was an application process for that and that it goes through the Town Manager's office and if the permit was approved by the Commission, then Mr. Weitz could come in as early as the afternoon to go over the process. 04, Minutes of Town Commission Regular Meeting & Public Hearing Held Dec. 14, 2018 @ 9:00 A.M. Commissioner Lyons questioned if the other neighbors would be consulted and Mr. Dunham explained that the Town Manager had to be satisfied that the work wouldn't interfere with the neighbor's enjoyment or well-being and that Mr. Weitz would have to provide sufficient evidence that wouldn't happen. Mayor Morgan asked if the application was premature being brought before the Commission and Staff Attorney Nazzaro explained the reason for this application coming before the Commission was due to the fact that it is a Level III Application and has nothing to do with seasonal restrictions. a. DEMOLITION PERMIT to remove all structures from the property. Vice Mayor Stanley moved to approve the Demolition Permit. The motion was seconded by Commissioner Orthwein with all voting AYE at roll call. b. LAND CLEARING PERMIT to clear property to prepare for new landscaping and irrigation. Vice Mayor Stanley moved to approve the Land Clearing Permit. The motion was seconded by Commissioner Orthwein with all voting AYE at roll call. C. LEVEL III ARCHITECTURAL/SITE PLAN REVIEW to re - landscape and irrigate entire lot. Vice Mayor Stanley moved to approve the Level III Architectural/Site Plan Review to re -landscape and irrigate the entire lot. The motion was seconded by Commissioner Orthwein with all voting AYE at roll call. IX. Reports. A. Town Manager 1. Town CIP Report The Town Manager welcomed Rebecca Travis from Matthews Engineering and explained that she had been involved with the CIP plan from the beginning and asked her to review where the Town left off after approving the plan, the timing of it, as well as the expenses. All of which, he added, were subject to change. Mayor Morgan added that because this project is so broad and covers such a long period of time, he wanted Ms. Travis to narrow the focus to the risk of failing water mains and what her recommendation would be regarding the main water line, the size of the repair, what total portions of the roads would be involved, the approximate length of time they estimate to accomplish it, as well as the cost. Ms. Travis stated Matthews Engineering has a Capital Improvements Program for town -wide improvements that include water main, road and drainage work. She said the outfall at Polo Drive has already been completed, which was the first project on the list, and now brings them to the designing element for the first phase. There is an outline in the CIP for what to do first, second, third and fourth, but any of that can be modified, switched around, depending on funding and the Town's 3 Minutes of Town Commission Regular Meeting & Public Hearing Held Dec. 14, 2018 @ 9:00 A.M. preference for what they would like to have done. Almost all the water mains in the Town are transite, which is about 60-70 year old water mains that become very brittle through the years. At the time it was installed, it was the best thing you could put in and didn't realize as they aged they would possibly fail to the point if you excavate in an area with a transite water main, you take the chance of it blowing out, thus the reason for the top priority being to work on the water main. She reviewed the upsizing and replacement of the water main on Ocean Blvd. north of Golfview, however, the first project in the CIP schedule is to do the North Core, which is road improvements and water main north of Banyan. Mayor Morgan stated he would like to focus on the water main along AlA. He asked if that would be done in piece meal fashion or done all at the same time. Ms. Travis stated that the whole length would be done at one time by replacing the water main, not under the pavement, but on one side or the other and work with the DOT for a maintenance of traffic plan so there is as little disruption on AlA as possible. Mayor Morgan asked what the estimated time for that production with Ms. Travis giving a ballpark of seven to eight months of design and nine to ten months of construction. The cost is at $1,000,000 for construction and $135,000 for engineering. Cuppy Kraft spoke out from the public in attendance and asked what the boundaries were for this project. Mayor Morgan and Vice Mayor Stanley both answered that the boundaries started on AlA at Golfview and ended at Sea Road. Ms. Travis continued her presentation by discussing the local streets within the Town stating the typical progression would be that you have your water main on one side or the other of the roadway and sometimes it may be under the roadway. The plan has it on the left side of the existing water main. When going in to install the new water main, they leave the old one in place so that everyone keeps water service for the length of the construction period. What that means is they will be tearing up some portion, if not the majority, of the road asphalt to put the new water main in. In addition, they can sometimes directional drill the water services under the pavement so they don't have to open cut, but sometimes they end up having to open cut. The bottom line is that the Town will have a lot of pavement disruption to replace the transite water mains. When on AlA, they will be off to the side of the pavement and hope to not have too much disruption. There is not too much of a choice when it comes to the smaller right-of-way local roads, so they will be replacing the road. Mayor Morgan stopped Ms. Travis at this point and routed the conversation back to AlA noting that part of the construction would be on the west side and part on the east side. With this variance, he wondered if they would have to go under the pavement. Ms. Travis admitted that they would have some crossings where they would open cut AlA. Mayor Morgan questioned her on it being open cut or directional boring. Ms. Travis said it would probably not be a directional bore. 4 Minutes of Town Commission Regular Meeting & Public Hearing Held Dec. 14, 2018 @ 9:00 A.M. Commissioner Orthwein questioned if they would take out the old water main once the new water main was installed. Ms. Travis answered that they do not take out the old when it is transite pipe due to the need of a special procedure to remove it because it is an asbestos filament pipe. They abandon and grout it if it is bigger than a 4" pipe, but this would need to be approved by the DOT for AlA, but on the local roads they would grout everything. Mayor Morgan asked if there were environmental concerns with respect to the asbestos lines or periodic inspections by federal or state authorities. Ms. Travis said not for what is in use. She added if you cut or break the pipe and expose it to air then it's like asbestos in your house. It's fine if you leave it alone and undisturbed, but once you dig up transite water main there is a procedure where they have to bag and remove it properly. Mayor Morgan brought the conversation back to AlA asking if they were going to be digging along AlA with all the work being done in the right- of-way or if it extended into private property. Ms. Travis said it would be done only in the right-of-way. Mayor Morgan questioned the staging of equipment along with the piling of debris and dirt. Ms. Travis answered that once the contractor is selected, they are responsible for trying to find a lay down or staging area. The contractor is required to approach a resident or property nearby and pay them to utilize their yard. These are typically vacant lots and the location must be approved by the Town. Commissioner Lyons asked for an explanation of a right-of-way. Ms. Travis explained that a right-of-way is a publicly owned road, usually the pavement and then some grassed/swale area to the property line where an easement allows a public entity or utility, other than the property owner, to enter onto private property. She stated that the water main would be installed in the public right-of-way. Commissioner Lyons wanted to know if that would be true in the Core District as well, and she answered in the affirmative. Ms. Travis added that there was no intention of going on to anyone's property with any improvements, nor do they expect to ask for any easements from anyone to work on their private property. Mayor Morgan mentioned that the right-of-way appeared, in an aesthetic standpoint, to belong to the resident and their property adjoining AlA. Ms. Travis stated that the public right-of-way on AlA is owned by the Department of Transportation. Most of the local roads in the Town are public rights-of-way owned by the Town. Mayor Morgan reiterated that the right-of-way on AlA was owned by the State, so they have to secure permission from the State, design the plans and have the State approve those plans because you are entering their property. He reminded everyone of the significant delays the Town ran into when doing the undergrounding project. He wanted to know that once the State approves the plan, were there going to be any foreseeable 5 Minutes of Town Commission Regular Meeting & Public Hearing Held Dec. 14, 2018 @ 9:00 A.M. disruptions, such as stalls or re -reviews by the State that could add time to the project. Ms. Travis said that typically it could be a week, at the most, as they have monthly progress meetings on any construction job where the contractor attends, along with the DOT, throughout the entirety of the project. Mayor Morgan brought up the fact that one of the aesthetic landmarks in Gulf Stream are the string of Australian Pines along AlA. He wanted to know if Ms. Travis knew if any of those Australian Pines were in the State right-of-way. Ms. Travis did not know. Mayor Morgan recollected that when the Spence property was developed, a number of those pines were in the State right-of-way and when the Town tried to replace them, they were obstructed by the State, despite the fact that the Town has a statute. He stated that he would like the regulatory permission for Gulf Stream to harvest and plant the Australian Pines to be reviewed. The Mayor felt it would be disastrous if they find the Australian Pines are in the right-of-way and have to be removed for this project and then the Town is prohibited from replanting them. Ms. Travis said they would definitely try and go around the trees rather than have them removed and replaced. Vice Mayor Stanley reiterated that the Commission would like to know that the trees are safe when the permit is filed instead of after the fact. Ms. Travis said they meet with the permitting agencies before they design so as to not have any of these type issues. Commissioner Orthwein stated that at one time DOT wanted to cut the Australian Pines down, so she agreed that there needed to be a review of everything on AlA before the Town gets too deep into this project. Ms. Travis gave several possibilities of ways to get around the trees altogether. Town Manager Dunham asked Ms. Travis if Matthews were the engineers working for the Town when it did the 12" line on the Southside. Ms. Travis stated that Matthews did engineer that project but she, herself, was not familiar with it. Commissioner Orthwein said the pines were farther off AlA at that particular part of the road and the pines are much closer to the road on this project. Commissioner Lyons wanted to know if they were going to use trenching or bore under the ground and what impact it would have on the current landscaping. Ms. Travis said that if they open cut, they would try and avoid as much of the landscaping as they could, but if the landscaping is in the DOT right-of-way, then it is up to the DOT to replace. Mayor Morgan recalled the DOT being quite aggressive in reasserting it's rights with the Spence project and, as a result, the neighborhood had to be developed in such a way that they didn't have any growth in the right-of-way which could interfere with the aesthetic presentation of the homes along AlA. Ms. Travis stated they could look at a directional drill design, which would be more expensive in all probability. 1.1 Minutes of Town Commission Regular Meeting & Public Hearing Held Dec. 14, 2018 @ 9:00 A.M. Commissioner Orthwein suggested the first thing that needed to be done in this situation is to preserve the canopy of the Australian Pines, as it is historical to Gulf Stream. Commissioner Lyons agreed and stated his gut was to move the lines down into the Core. Mayor Morgan asked if anyone from the public wanted to comment on the AlA portion of the plan. Cuppy Kraft asked how wide the right-of-way was, as she was thought it was two feet. Mayor Morgan stated that it comes from the mid -line of the road so the right -of way varies. Ms. Kraft then wanted to know why all of Gulf Stream wasn't being done if the pipes are so old. Commissioner Orthwein stated the south had already been done and that this was to the north. Ms. Kraft wanted to know if it was going all the way to St. Andrews and was answered by Mayor Morgan who stated that it is ending at Sea Road because he believes the water is contracted by Boynton beyond that. Ms. Kraft then wanted to know why new pipes were being laid instead of going through the old pipes as they just replaced their pipe line and it went through the existing pipes. She said they didn't have to dig a whole new trench, they just put a sleeve on it and wanted to know why that can't be done for Gulf Stream. Ms. Travis answered that it works well for smaller pipes but not a larger diameter pipe as there is a chance for heaving the ground surface up. Gulf Stream is replacing a 6" pipe with a 12" pipe, which is doubling the size. Bob Dixon stated that if the main line had to be diverted to Gulf Stream Road or Polo Road because of the trees, etc., all the current hook-ups to the homes are off of AlA, so it would be pretty impossible to divert these or a tremendous job if they had to resort to this. Ms. Travis said that it can be done, but it is difficult. Chet Snavely added that if you elect to plant in the right-of-way and the right-of-way has to be disturbed by a municipal entity, it is the owner's responsibility to replace anything that was damaged. Mr. Dunham agreed, saying that if you plant in a right-of-way, you are planting at risk. Mayor Morgan added, that is being done all through the Town. Kristine de Haseth spoke and said that there is a 10 -foot easement in between Polo and Gulf Stream that might be less disruptive to people's vegetation if you were to access that area for the pipe. Mr. Dunham answered that some of the water mains were already in that 10 -foot easement. Mayor Morgan said it sounded to him like moving into the Core with the main line was going to be more complicated so he would like to continue the analysis of AlA and getting the information needed regarding the Australian Pines, the rights-of-way, etc., and until that information is received, he felt that it was pre -mature to look at doing water lines in the Core or elsewhere. Ms. Travis admitted that the DOT does have the upper hand because the Town is asking to put utilities in their right-of-way. Mr. Dunham admitted that they were working with the DOT at this point in time with the trees and poles. 7 Minutes of Town Commission Regular Meeting & Public Hearing Held Dec. 14, 2018 @ 9:00 A.M. Mayor Morgan wanted to know if the Core was dependent or independent of AlA and Ms. Travis stated that you could do AlA first or the Core first, it didn't really matter. She added the main on AlA is for improvement in fire protection and in the Town's pressure and volume delivery. The replacement of the lines in the Core is because of the material that has reached the end of its useful life. At that statement, Commissioner Orthwein wanted to know the life expectancy of the main on AlA. Ms. Travis said it was the same as the Core, but the main on AlA is undersized, and added that it really needed to be done first. After much discussion, the Commissioners decided there needed to be some legal research done into the statutory regulation that is protecting Gulf Stream's Australian Pines and see how that relates to the DOT's authority, then review the proposed plan in connection with, and understanding of, the DOT's right-of-way and then approaching the DOT to see what position they are going to take. Mayor Morgan asked Ms. Travis if they obtained a written confirmation of the DOT's position and she said that they set up a meeting with the DOT and take minutes, which become a public record. They then distribute to everyone with a time frame to see if there are any changes or corrections. Commissioner Lyons mentioned that when they wanted to put a crosswalk in on the South side, they had to go before the historical society, etc. and wondered if the engineers had to do the same. Ms. Travis said that when you are going underground, you don't have to do that. She added that when they have their meeting with DOT, they ask for the Town Manager and any Commissioners that want to come to that meeting to please do so as it adds weight. 2. Street Lighting The Town Manager stated that he hasn't received too many calls regarding the street lights. He added that he and Brian Dietrick have come into Town at night to check things out and have noticed a few dark places, but the challenge is whether or not to put lights in where it appears to be dark or do you leave it alone until someone calls. The Town does have four extra lights to work with. He also said that he had received calls saying how much people do like the lights. 3. Place Au Soleil Guardhouse The Town Manager explained that a couple of months ago mold was discovered by Mr. Dietrick while inside the guardhouse. A mold remediation company was brought in to do testing in which they found there was mold throughout the guardhouse. Another air test was ordered after replacing some of the wood. Mayor Morgan asked if the guardhouse was conditioned to which Mr. Dunham replied that it was. Mayor Morgan then wanted to know how the mold got in. Mr. Dunham said that no leak had been discovered and the air conditioner was working, so they believe it may have been when the new roof and windows were done or it may be the air had been run too low for an extended time. Once the mold starts the air conditioner then spreads it. Commissioner White wanted to know Minutes of Town Commission Regular Meeting & Public Hearing Held Dec. 14, 2018 @ 9:00 A.M. if they thought it could be restored and Mr. Dunham answered in the affirmative. 4. Comcast Update The Town Manager stated that Comcast had completed 950 of their vault installation and have told him they will be done pulling and splicing the fiber by the end of January and that AT&T will come in after Comcast is finished and not before. He is hopeful that AT&T will come in as quickly as Comcast. B. Architectural Review & Planning Board 1. The Town Manager explained that the ARPB Board has requested that the Commission revisit the length of construction periods. He deferred to Staff Attorney Nazzaro who stated that he had Mrs. Rebecca Tew pull figures for construction in Gulf Stream and he applied it to the sliding scale of the Construction Ordinance in the Town of Palm Beach. After doing research with an average based on square footage of homes in Gulf Stream, as stated in previous meetings, it is not a big problem in the Town of Gulf Stream. He added that if it was worth regulating through an Ordinance, he was willing to do more work on it if that is what the Commission deemed necessary. Commissioner Orthwein wanted to know what happened when they reach their limit and Mr. Nazzaro answered there was a daily fine. He added that what Palm Beach does procedurally is when you reach the time limit, you go before their Council and ask for more time. Their Council has been flexible and understanding in these instances, but the Ordinance helps to "keep the finger on the pulse" on what is going on with construction projects in town. Commissioner Lyons said that although there have been very few people who have passed their time limit, he thought it would be helpful for the Town to set expectations so it isn't open-ended and that everyone knows what the rules are. Mayor Morgan asked if a magistrate was involved when fining to which Mr. Nazzaro answered no, it was done internally in their building department. The Commission did not see any downside to drafting an Ordinance and asked Mr. Nazzaro to move forward in doing so. 2. Meeting Dates a. December 27,2018 at 8:30 A.M. b. January 24, 2019 at 8:30 A.M. C. February 28, 2019 at 8:30 A.M. d. March 28, 2019 at 8:30 A.M. e. April 25, 2019 at 8:30 A.M. Mayor Morgan called attention to these dates. C. Finance Director 1. Financial Report for November 2018 Mayor Morgan asked to let the record reflect that the Vice Mayor had to leave the meeting at 10:20 A.M. The Town Manager drew attention to a couple of issues in the budget report that are paid in entirety at the beginning of the E Minutes of Town Commission Regular Meeting & Public Hearing Held Dec. 14, 2018 @ 9:00 A.M. fiscal year, otherwise all is normal. Mr. Dunham added that the water usage report is also a typical usage report. Commissioner White had questions regarding the numbers on the 6" and 8" meters and Mr. Dunham said that it would be looked into to make sure it wasn't unusual. Commissioner Lyons brought up that smart meters should be looked into again instead of manual reading and this would solve a lot of questions. Commissioner White mentioned she thought it was budgeted for this year and Mr. Dunham said that it was part of the CIP Plan. D. Police Chief 1. Activity for November 2018 Chief Allen asked that his report also be accepted as presented if there were no questions. There being none, the Mayor declared both reports accepted. Chief Allen brought up a lot of traffic issues of late on Banyan and Lakeview with large trucks entering off AlA. He is proposing that the Town make both of those streets car access only and post a sign for no trucks allowed. This will allow the Police Department to take action and be able to write citations as they are not allowed at the present time. They would be routed to Sea Road or Golfview. Commissioner Orthwein asked if this would include the landscaping trucks and Chief Allen replied in the affirmative. Mayor Morgan agreed that something has to be done and the Commissioners were unified and gave the Chief authority, under the Town Code, to get this accomplished. X. Items for Commission Action. A. Unity of Title for Lot 5, Driftwood Landing Staff Attorney Nazzaro noted that Vice Mayor Stanley had already left the meeting but wanted to state for the record that he had a conflict as he represents the Mullins in this transaction. Mr. Nazzaro continued saying the homeowner at 10 Driftwood Landing has purchased a six foot piece of property on the east side of the house from the adjoining homeowners, The Mullins, who own 1010 N. Ocean Blvd. They are wanting to combine their lot with the six foot piece of property that is at the back of the property. Mayor Morgan asked what the staff's recommendation was and Mr. Dunham said that he would recommend approval. Commissioner Orthwein moved to approve the Unity of Title for Lot 5, Driftwood Landing. The motion was seconded by Commissioner White with all voting AYE at roll call. B. Items by Mayor & Commissioners Mayor Morgan was pleased to report that the Town of Gulf Stream had reached an agreement with Martin O'Boyle to resolve the remaining public records lawsuits and avoid additional, drawn-out and costly litigation. The cases that were part of the global settlement are all that remain of the 44 public records lawsuits, which had arisen out of more than 2,500 public records requests over the last four or five years. 10 Minutes of Town Commission Regular Meeting & Public Hearing Held Dec. 14, 2018 @ 9:00 A.M. The defensive approach taken by the Town was essential in reaching the conclusion and it affected significant legislative changes to protect not only Gulf Stream, but other municipalities under the public records law. with the changes in the law, the Town was confident that they and other public agencies across the State of Florida would no longer be threatened by an overwhelming amount of public records requests or subject to lawsuits of the type that the Town was subject to over the last four years. As part of the settlement, the Town admitted that it violated the Public Records Act in four cases and is making a $15,000 payment in exchange for Mr. O'Boyle dismissing the remaining five cases of all litigation. The parties will then mediate in an attempt to settle the attorney's fee elements in those cases that were resolved or stipulated in his favor. The Mayor stressed that this is a business decision and one that the Commission believes serves the best interest, at this time, of the Town by capping all legal fees. In fiscal year 17- 18, the Town secured dismissals or victories in seven public records cases with one case decided adversely to the Town. Previously the Town prevailed or secured dismissals in another 27 cases. These successes and the change in the statutory law provided the leverage the Town needed to secure this favorable settlement agreement. The Town was pleased to put an end to this protracted litigation. XI. Adjournment. -May Morgan adjourned/the meeting at 10:37 A.M. k Ren e R. Basel E cutive Assistant 11