HomeMy Public PortalAbout06 14 19 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JUNE 14, 2019 AT 9:00
A.M. IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL,
100 SEA ROAD, GULF STREAM, FLORIDA.
I.
II
III
Call to Order.
Mayor Morgan called the meeting to order at 9:00 A.M.
Pledge of Allegiance.
Mayor Morgan led the Pledge of Allegiance.
Roll Call.
Present and
Participating
Also Present &
Participating:
Scott W. Morgan
Thomas W. Stanley
Paul Lyons, Jr.
Joan K. Orthwein
Donna White
Gregory Dunham
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.
A. Regular Meeting of May 10, 2019.
Vice Mayor Stanley made a motion to accept the minutes of May
10, 2019, and the motion was seconded by Commissioner Orthwein with all
voting AYE at roll call.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
There were none.
VI. Announcements.
A. Regular Meetings and Public Hearing
1. July 9, 2019 at 9:00 A.M.
2. August 9, 2019 at 9:00 A.M.
3. September 13, 2019 at 4:00 P.M.
4. October 11, 2019 at 9:00 A.M.
B. Proposed Budget Meeting and Hearing Dates
1. July 9, 2019 at 9:00 A.M.
2. September 13, 2019 at 5:01 P.M.
3. September 24, 2019 at 5:01 P.M.
Mayor Morgan called attention to these dates.
VII. Communication from the Public (3 min. maximum)
Senator Lori Berman gave an update on the Legislative session
held in May with a 91 billion dollar budget for the State of Florida.
Money was brought back for projects in Palm Beach County including help
for individuals being released from prison, water projects and
transportation. Senator Berman spoke about pre-emption so that the Town
will know what areas they cannot pass legislation on. There is a very
strong movement in Tallahassee to pre-empt local government, she said.
Some of the following bills were put before the governor:
1. Cities cannot ban vegetable gardens in front yards. HOA's
can ban them, but not the city.
2. Unless someone gets a statement from the International
Society of Arboriculture saying that a tree is a danger to the area, the
Town cannot regulate pruning, trimming, removal or replacement of trees.
3. 5G placement of towers
4. Government accountability
5. The Budget needs to be posted on-line in advance of the
meeting and keep it on-line for two years after passing.
6. In October, there will be requirements regarding financial
reporting, average median income, salaries, etc.
7. If the Town passes an ordinance in an area where the State
has already pre-empted it, the Town will be responsible for Attorney's
fees if there is a challenge to that.
8. Firefighters and cancer presumptions - cancer treatment will
be given at no cost and a one-time cash payout of $25,000 if diagnosed
with cancer. The cancer must be proven to be related to the job.
9. Lottery tickets will now say "Warning: Gambling can be
addictive".
Minutes of Town Commission
Regular Meeting & Public Hearing
Held June 19, 2019 @ 9:00 A.M.
Senator Berman stated that 179 bills were passed in Tallahassee. Mayor
Morgan thanked Senator Berman for coming and giving an update.
Mr. Bob Burns, Town resident, proposed two items to be put on a
future agenda. He thanked the Mayor for the recent letter sent out to
residents regarding yard markers but added that unless he received
notice from the Chief of Police to remove them, he would be leaving them
on his property because right now his yard looked pretty good. Mr.
Burns brought up the No Thru-Traffic signs and said they had been less
than successful on deterring a lot of trucks. He stated the only trucks
being deterred were the ones that were in Town all the time. His
proposal was to make Lakeview Drive to Polo Road one-way going in and
Banyan to AIA one way out. He also proposed making Golfview and Polo
Drive one-way as well. Mr. Burns said that he had spoken with Chief
Allen and Lt. Haseley, who stated approximately 22 different signs would
be needed for these changes. At this point Mayor Morgan told Mr. Burns
that he had gone over the three minute time limit but he was going to
allow Mr. Burns to continue as he thought this was important. Mayor
Morgan also told Mr. Burns that this issue had been discussed at the
last commission meeting and Chief Allen had said at that meeting that
although there was some potential to one-way roads in Gulf Stream, there
were more negative downsides to it. Mayor Morgan then went on to add
that the Commission had not given up on this topic and would be raising
some additional options as one-way roads would not be the first option
of the Commission. Mr. Burns said that his second suggestion to be put
on the Agenda is to eliminate the building moratorium between November 1
and May 1, with the exception of things that would create an undo amount
of noise. He added that approximately 50% of the residents in Gulf
Stream are present year round and having the construction moratorium
during the "season" means the year-round resident has to put up with the
construction and the seasonal residents do not, which makes no sense.
Mayor Morgan thanked Mr. Burns and said this subject has been brought up
before and will be put on the next meeting's Agenda to discuss.
VIII. Board of Adjustment Hearing
A. Application for Appeal of Final Action of Planning and
Building Administrator
1. Denial of permit to construct a "promenade" at 23 Hidden
Harbour Drive.
2. Violation of 2013 Settlement Agreement w/Martin O'Boyle.
Mayor Morgan stated that the Commission was sitting as the Board
of Adjustment and turned the meeting over to Town Attorney, John
Randolph. Attorney Randolph gave an overview of the responsibilities of
the Commission to consider an appeal by Martin O'Boyle of a decision by
Rita Taylor to deny an application for a dock/promenade filed by Mr.
O'Boyle related to his property located at 23 Hidden Harbour Drive in
Gulf Stream.
Attorney Randolph stated the Commission was sitting to entertain
Mr. O'Boyle's appeal of Rita Taylor's denial of his application. He
added they were sitting as judges in a quasi-judicial capacity to
determine whether to grant or deny Mr. O'Boyle's appeal. Attorney
Randolph made it clear that this was not a trial where testimony would
be heard, but they would hear arguments set forth by the attorneys for
Mr. O'Boyle and the Town as to why they should grant or deny the appeal.
He stated questions could be asked of the attorneys and their
presentations and time parameters should be stated before beginning.
Once all arguments were complete, the Commission would deliberate among
themselves with no further input from the parties than to answer
questions posed to them. Attorney Randolph then asked if any ex parte
communication had been had by any of the Commissioners in regard to the
appeal before them and if they came to the hearing with an open mind
basing their decision solely upon the records put before them at the
-
present moment. Commissioner Lyons and Mayor Morgan stated the only ex
parte communication they had was with Town staff concerning the agenda
packet. Vice Mayor Stanley and Commissioner White stated the only ex
parte communication they had was with Rita Taylor regarding the agenda
packet. Commissioner Orthwein stated the only ex parte communication
she had was when the appeal was received. All commissioners stated they
Minutes of Town commission
Regular Meeting & Public Hearing
Held June 14, 2019 @ 9:00 A.M.
were coming to the hearing with an open mind based on the evidence
presented. Mayor Morgan then set the parameters of 30 minutes for each
side with a ten minute rebuttal.
Attorney Scott Weires, from the law firm Murdock Weires, stated
the case for appeal on behalf of Mr. O'Boyle. He expounded on both of
the items and asked the question of which Code was being applied and
argued that the 1981 Code should be applied to the deck/promenade.
Attorney Weires called Town Manager, Gregory Dunham, as a witness, and
questioned Mr. Dunham. Attorney Weires called a second witness, Mr.
Martin O'Boyle, and questioned Mr. O'Boyle. Mr. O'Boyle stated that his
promenade fit into the categories listed in the Development Agreement
because it is a structure over the water and that the word promenade is
a label and that it can be called promenade, boardwalk or deck, but it
is not a dock. Mayor Morgan then asked Mr. O'Boyle if the promenade
would be supported by pilings on the water similar to the photograph
shown in the meeting by Mr. O'Boyle, to which Mr. O'Boyle answered that
would be his intention. Mayor Morgan asked what was submitted to the
Town, to which Mr. O'Boyle answered "with pilings".
Attorney Weires went back to the first witness, Town Manager
Dunham, and questioned him further. Town Manager Dunham stated that as
Mr. O'Boyle called them labels, that's what they were, and the Code uses
the word dock.
Attorney Weires presented another witness, Mr. Robert Curry, and
questioned Mr. Curry. stated that he had been an architect for 50 years.
Mr. Curry said that Mr. O'Boyle doesn't have much of a back yard and
added this was a deck extension to the pool. Attorney Weires then asked
Mr. Curry to expound on what he had designed for Mr. O'Boyle to which
Mr. Curry said that he had expanded the back yard to provide space
around the pool. Attorney Weires asked if he had designed a deck or a
dock, to which Mr. Curry said it was a deck and the portion on the right
was a dock. Attorney Weires asked if the dock portion of the proposed
structure complied with the Code, to which Mr. Curry said that it did
except for the setback.
Town Attorney Randolph asked Mr. Curry if he found a definition
for deck or promenade in the Town Code, to which he answered in the
negative. Mr. Curry stated that the Code said you could build a deck
over the water, to which Town Attorney Randolph asked where it said that
and Mr. Curry answered it was in Exhibit C. Town Attorney Randolph
pointed out that Exhibit C said it was permissible subject to approval
by the Town, which would mean the Town would use their Code to determine
whether or not it could be approved. Attorney Weires then asked that
his packet of exhibits be moved into evidence. Mayor Morgan accepted.
Attorney Ele Zachariades, from the law firm Dunay Miskel Backman
Law, made a closing argument on behalf of Mr. O'Boyle.
Town Attorney Randolph then asked to submit the Settlement
Agreement, the Development Agreement, the applicable Codes and his
letter to Bill Ring explaining the Town's position in regards to this
application as evidence. Mayor Morgan accepted.
At 10:25 AM, Mayor Morgan gave a five minute recess. At
10:30, the meeting was brought back to order by Mayor Morgan and for the
sake of others in attendance not involved in the Board of Adjustment
Hearing, the meeting moved to Item number IX. A.
IX. Public Hearing
A. Application for Development Approval
1. Clarification of amended Landscape Plan at 3400 Polo
Drive, Gulf Stream, Florida, which is legally described as Lot 10 & N
50' of Lot 11 in Polo Cove Subdivision.
Town Manager Dunham stated that at the last commission
meeting there was confusion as to whether the plans called for the two
Royal Palms to be removed or leave them where they presently were
planted. Town Manager Dunham felt the plans should come back to the
Commission since after speaking with Ms. Smith, the Palms were actually
going to be removed. Maureen Smith then described to the Commission
that when the changes had to be made to the circular driveway to keep
the existing Ficus Tree, she had to re -work the landscaping. She
explained that Royal Palms are self -shedding and will smash anything
under them when a palm frond falls and can cause a lot of destruction.
Minutes of Town Commission
Regular Meeting & Public Hearing
Held June 14, 2019 @ 9:00 A.M.
Ms. Smith also pointed out that the homeowners wanted a lawn area and
these Royal Palms were right in the middle of the lawn, as well as
safety issues if the children were out playing and a frond were to fall.
Ms. Smith pointed out there were a lot of Royal Palms that were being
kept on the property and these were the only two being removed.
Commissioner Lyons commended Ms. Smith on the changes made to keep the
Ficus Tree but stated that the Code said you cannot remove large trees
but you can move them to another location in Town or on the property.
He asked if they could be moved and Ms. Smith said that these two Palms
have grown attached to each other and really could not be moved. In
trying to find balance, he suggested putting two more decent -sized Royal
Palms on the property somewhere. Ms. Smith stated that the property
owners asked her to say that 22 trees were staying on the property, five
trees are being re -located on the property and only 16 being slated for
removal and then brought out a letter from them that they asked her to
read to the Commission since they couldn't be present for the meeting.
Commissioner Lyons said that those statistics should be a qualitative
description and not quantitative. Ms. Smith read the letter (see
attachment). Mayor Morgan stated he would like to hear from
Commissioner Orthwein and Vice Mayor Stanley since they live in the
Core. Commissioner Orthwein stated she thought it was a big win that
the Ficus Tree was staying as opposed to the two Royal Palms that were
hooked together and there were other Royal Palms on the property. She
then added that maybe Ms. Smith could put two different trees in their
place to accommodate. Vice Mayor Stanley said he agreed that the two
Royal Palms were jammed into the middle of the lawn and understood that
the property owners didn't like the Royal Palms and didn't want them,
but if Ms. Smith could find two smaller Royal Palms to put on the front
of the property, he thought that would satisfy the Code and Commissioner
Lyons. He then asked Ms. Smith if she had to replace the two Royal
Palms right now, what would she put in that would also please the
property owners. She stated she thought Foxtail Palms looked like
miniature Royal Palms. Vice Mayor Stanley added they were looking for
the canopy to be on the front of the house and not the back. He then
made a motion that the two existing 60+ foot Royal Palms may be removed
by the applicant, however, pursuant to the Code, the applicant must
plant two replacement trees in the front East yard with places to be
determined by the Staff and the applicant. The motion was seconded by
Commissioner Orthwein with all voting AYE at roll call.
At this point, the Board of Adjustment Hearing reconvened.
VIII. Board of Adjustment Hearing
A. Application for Appeal of Final Action of Planning and
Building Administrator
1. Denial of permit to construct a "promenade" at 23 Hidden
Harbour Drive.
2. Violation of 2013 Settlement Agreement w/Martin O'Boyle.
Town Attorney Randolph questioned Town Manager, Greg Dunham, who
stated he had been a Town Manager for 35 years and that one of his
responsibilities as Town Manager was to interpret Town Codes and added
that he had also been a Zoning Administrator. Town Manager Dunham
stated that he stood by the opinion in his letter dated May 3, 2019 due
to the fact that the application was in violation of the Town's
Ordinance to docks because it didn't meet the side setback requirements.
He also agreed with Town Clerk Taylor's decision to deny the
application.
Mayor Morgan then swore in Town Clerk, Rita L. Taylor. Town
Attorney Randolph asked Town Clerk Taylor how long she had been a Clerk
in Gulf Stream to which she answered 30 years. Town Attorney Randolph
then questioned Town Clerk Taylor. He asked if she served as Building
Official, to which Ms. Taylor answered that you wear a lot of hats as
Town Clerk and although she hadn't held the title of Building Official,
she did review plans and permits that were submitted to the Town and she
approved or denied them according to the Code. Attorney Weires then
questioned Town Clerk Taylor as to the definition of docks vs. decks,
the Settlement Agreement and why she had denied Mr. O'Boyle's
Minutes of Town Commission
Regular Meeting & Public Hearing
Held June 14, 2019 @ 9:00 A.M.
application to which she stated that it did not meet the requirements
described in the Code. Attorney Weires then read from Exhibit C.
Town Attorney Randolph then spoke to Martin O'Boyle's second
point in the hearing, which was regarding the violation of the 2013
Settlement Agreement and he noted that the Commission had been provided
both the Settlement and Development Agreements. He pointed out that Mr.
O'Boyle is relying on paragraph 35, page 14, of the Settlement
Agreement's "Reservation of Rights". At 11:30 AM, the Court Reporter
asked for a two -minute break to which Mayor Morgan gave. Once back in
session, Town Attorney Randolph continued saying that Mr. O'Boyle's
primary point is that he can do "anything on the property" according to
the Reservation of Rights. Town Attorney Randolph explained that Mr.
O'Boyle took that paragraph in isolation without giving consideration to
the. other paragraphs, specifically the next paragraph on page 15, where
it states "The Development Agreement will: (a)include a survey provided
by O'Boyle, which survey shall provide a building envelope for the
Property (as designated by O'Boyle pursuant to the preceding paragraph).
He added that Mr. O'Boyle was agreeing to the description of the
property as described in paragraph 36, which talks about "the area
between the Intracoastal waterway, the private roads and the common
property line to the west." Town Attorney Randolph brought the
attention to page 3, number 3 where it stated "which Development
Agreement shall contain terms consistent with the terms set forth
herein". He said that Mr. O'Boyle was arguing that the terms of the
Development Agreement are inconsistent with the Settlement Agreement yet
they entered into the Agreement stating that the Development Agreement
shall be consistent with the terms set forth herein and Mr. O'Boyle
signed the Development Agreement. Town Attorney Randolph thought it
also important to look at paragraph 19 of the Development Agreement
which said "Attached hereto and incorporated herein as Exhibit C is a
copy of a Survey which Survey provides a Building Envelope of the
Property (as defined in the Settlement Agreement)". He added that there
was nothing inconsistent between paragraph 35 and the Development
Agreement and what's called for in paragraph 36. Town Attorney Randolph
stated that Mr. O'Boyle said there were Conflicts in paragraph 18, but
he suggested that there were no conflicts between the Development and
Settlement Agreements. Town Attorney Randolph pointed out that Mr.
O'Boyle was making it look like, in Exhibit C, that anything can be
built over the water, but that is not what it said. It carved out the
provision which talked about anything being allowed to be built in the
crosshatched area, because it says anything that is built over the water
is going to have to be approved by the Town, i.e. in compliance with
Town Code, he added. Town Attorney Randolph told the Commission that
all they needed to do was compare the Settlement Agreement to the
Development Agreement, realize the two were tied together, they go hand
in hand and there is nothing in conflict with them. If there were, Mr.
O'Boyle wouldn't have signed it.
Attorney Weires discussed the interpretation of the Settlement
and Development Agreements. He then deferred the remainder of his time
to Mr. O'Boyle to speak. Mr. O'Boyle then spoke.
Deliberation was then made in the public as to whether the appeal
should be sustained or over -ruled. Mayor Morgan commended both counsels
for putting forth legal and factual arguments in their cases. There was
a consensus that the Staff had been correct in determining the
application was in violation of the current Code and the appeal should
be denied. Vice Mayor Stanley made a motion to deny the application by
the applicant for the building application as proposed based on the
findings of fact that
1. in regard to the application brought before the Town that the
current Town Code applies, including Sect. 66.1 and 66-369 regarding
docks and
2. based on the opinion and decision of the Town Staff the
application as presented by the applicant does not meet the Town Code
with regard to docks. The motion was seconded by Commissioner Orthwein
with all voting AYE at roll call. The Board of Adjustment hearing
concluded at 12:07, at which point Commissioner Lyons had to depart for
the airport and Commissioner Orthwein had to depart due to a prior
commitment.
Minutes of Town Commission
Regular Meeting & Public Hearing
Held June 14, 2019 @ 9:00 A.M.
X. Reports
A. Town Manager
1. Utility Undergrounding
Town Manager Dunham stated that both Comcast and AT&T
continue to work. There were a couple of hiccups with conduits but he
thought there were only a couple of months until completion.
2. Street Lighting in Place Au Soleil
FP&L called at the last minute to cancel being at the
meeting, but Town Manager Dunham passed out the FP&L catalog so the
Commission would have time to look through it before the next meeting.
Vice Mayor Stanley asked if anyone could take the lead to which
Commissioner White offered to narrow it down to three choices and the
Commission agreed.
3. Obstructions in Town Rights-of-way
Town Manager Dunham stated a letter from the Mayor had
been sent out since the last meeting regarding stakes in the yards and
as of June 14, 2019, there were 24 residents who had not complied with
the letter. He suggested that a follow-up letter from himself go out to
those 24 residents and then go from there based upon the successfulness
of his letter. He added they had been tracking ruts in yards and
suggested a few ideas in helping to alleviate this problem. He
suggested installing curbs on the regularly impacted areas and showed
photos of other places in Town that have the curbs. Town Manager Dunham
had discussed these options with Rebecca Travis at Matthews Engineering
and they would help engineer so it wouldn't have any consequences on the
CIP. He gave examples of different types of curbs and the
positive/negative effects to each one. The Commission agreed to
experiment with an area in Town.
4. The Fire/Rescue Contract with Delray Beach has been
signed by both parties.
B. Architectural Review & Planning Board
1. Meeting Dates
a June 27, 2019 at 8:30 A.M.
b. July 25, 2019 at 8:30 A.M.
c. No August meeting
d. September 26, 2019 at 8:30 A.M.
Mayor Morgan called attention to these dates and stated there was
not going to be a quorum for the June 27, 2019 meeting so it was
probably going to be rescheduled to another date.
C. Finance Director
1. Financial Report for May 2019
Commissioner White had a question about General Liability.
CFO, Rebecca Tew explained that there was no formula for allocating
between the General Fund and the Water Fund for the liability so since
the Town is doing water infrastructure, she took a quarter of the year
and put it in the Water Fund because of asset allocation. Vice Mayor
Stanley asked if they were then showing an increase variance in the
General Operating Fund. CFO Tew explained it was just an allocation of
dividing up the General Liability costs between the two funds.
D. Police Chief
1. Activity for May 2019
Chief Allen asked that his report be accepted as
presented. The Mayor declared both reports accepted.
IX. Items for Commission Action.
A. RESOLUTION NO. 19-03; A RESOLUTION OF THE TOWN COMMISSION
OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
ESTABLISING A FEE FOR THE INSPECTION AND TESTING OF
BACKFLOW PREVENTION DEVICES, AND AUTHORIZING THE MAYOR OF
GULF STREAM TO SIGN AN AGREEMENT WITH BUCKEYE PLUMBING
INC., WHICH AGREEMENT PROVIDES FOR BACKFLOW PREVENTION
DEVICE INSPECTION AND TESTING; PROVIDING AN EFFECTIVE
DATE. PRESENTED FOR ADOPTION JUNE 14, 2019.
Vice Mayor Stanley made a motion to approve Resolution No.
19-03 as presented. Commissioner White seconded with all voting AYE at
roll call.
B. Bid Award for Repairs to Place Au Soleil Gate House.
Minutes of Town Commission
Regular Meeting & Public Hearing
Held June 14, 2019 @ 9:00 A.M.
Town Manager Dunham stated there were three bids with a
variety of monetary ranges and explained that the low bid was
from a Palm Beach Firefighter who started this business and
has low overhead thus the difference in price.
Vice Mayor Stanley made a motion to approve C. Knowles
Construction at a price of $8,450. Commissioner White seconded with all
voting AYE at roll call.
C. Request to place an office container & portable toilet at 3377
N. Ocean Blvd.-Seabreeze Building LLC.
Vice Mayor Stanley made a motion to approve the installation
of an office container and portable toilet at the construction site as
presented. Commissioner White seconded with all voting AYE at roll
call.
D. Items by Mayor & Commissioners
Mayor Morgan stated that the last request was a de minimis
and minor activity request that should be handled at the staff level and
asked for a consensus to allow staff to view the Code for other de
minimis and minor requests and bring them back to the Commission as a
Code change to give that authority to staff. Vice Mayor Stanley
suggested that the Town could also have a Consent Agenda. Staff
Attorney, Trey Nazzaro said he would have something for the Commission
to look over at the next meeting.
Commissioner White said Town resident, Julio Martinez, had
asked her to bring up using reflectors on the roads as he was concerned
about his lawn. Town Manager Dunham had one to show her, but said they
were hard to see during the day and trucks would run over them and
probably wouldn't see them. Mayor Morgan said the residents would not
be able to install them.
7
at 12:55 P.M.