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HomeMy Public PortalAbout06 12 2020 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION, OF THE TOWN OF GULF STREAM ON FRIDAY, JUNE 12, 2020 AT 9:00 A.M., IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. NOTE: THERE WAS LIMITED PUBLIC ACCESS TO TOWN HALL. THIS TOWN COMMISSION MEETING WAS ABLE TO BE ACCESSED ONLINE, INCLUDING ALLOWING FOR PUBLIC COMMENT. 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 A. Lyons, Jr. Commissioner Joan Orthwein Commissioner Donna S. White Commissioner Also Present & Participating: IV. Minutes. Gregory Dunham Edward Nazzaro Edward Allen Rita Taylor Town Manager Asst. Town Attorney Police Chief Town Clerk A. Regular Meeting of May 8, 2020 Commissioner Orthwein made a motion to approve the minutes of the regular meeting on May 8, 2020. The motion was seconded by Commissioner White 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 Hearings 1. July 10, 2020 at 9:00 A.M. 2. August 14, 2020 at 9:00 A.M. 3. September 11, 2020 at 9:00 A.M. 4. October 9, 2020 at 9:00 A.M. 5. November 13, 2020 at 9:00 A.M. 6. December 11, 2020 at 9:00 A.M. VII. Communication from the Public (3 min. maximum) Mr. Bob Ganger suggested that since the Town would be working on the budget, they should look into putting cameras on AlA for safety precautions. He added that Kristine de Haseth would be coming in to speak with the Town Manager regarding this. Mayor Morgan informed Mr. Ganger that the Town had already looked at cameras and Lieutenant Haseley had submitted a report regarding them. Minutes of Town Commission Regular Meeting & Public Hearing Held June 12, 2020 @ 9:00 A.M. VIII. Public Hearing. A. Applications for Development Approval 1. 2943 Polo Drive a. Declaration of Ex -Parte Communication There was none. Commissioner Lyons recused himself as he was a neighbor of the applicant. b. Administer Oaths Town Clerk Taylor swore in Richard Jones and Dave Bodker. c. An application submitted by Seaside Builders as agent for 2943 Polo LLC, the owner of property located at 2943 Polo Drive, Gulf Stream, Florida, which is legally described as Lot 13, Plat of Gulfstream Properties. (1) DEMOLITION PERMIT to demolish existing structures. (2) LAND CLEARING PERMIT to clear area for new construction. (3) LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to construct a one-story, single family, Gulf Stream Bermuda style, 4,314 sq. ft. dwelling with 2 one car garages, 300 sq. ft. guest cottage and swimming pool. Mr. Richard Jones, of Richard Jones Architecture, began the presentation by showing some photos of the current property and stated that a one-story Bermuda style home, 5,240 square feet total gross with a two -car garage is what is being proposed. Access is provided through a circular driveway and features a swimming pool at the rear of the property, with a detached guest cottage and an entry courtyard, he added. The guest cottage is self-sufficient with its own bathroom and is connected via an open-air arbor and has an outdoor summer kitchen, he added. Mr. Jones stated they have increased setbacks on both the front and rear of the property, are under the maximum height and over the landscape barrier required by 50. He added they weren't asking for any special exceptions and they were providing extra setbacks both on the front and the rear of the house, where the only 20' is required in the rear. Mayor Morgan interrupted at this point and stated he would like to see a bit more about the reduced setback in the rear of the home, as well as the height, because he was seeing more of an aesthetic change happening in Gulf Stream, where there was a maximizing the full use of the small lots along Polo and Gulf Stream. He added that, in the past, the home ended at the pool and you had a backyard and others were similarly designed with a more expansive view. Now, he said, the homes are encroaching on the setback and maximizing the space so that when you are in your back yard, you now see homes instead of a view of nature. Mr. Jones answered that they had an increased setback, but understood the Mayor's concern and 2 Minutes of Town Commission Regular Meeting & Public Hearing Held June 12, 2020 @ 9:00 A.M. stated that Mr. Bodker would address that when he presented the landscape portion of the presentation and thought the Mayor would be pleased that they were keeping the character of the old neighborhood with lush, green backyards. Mr. Jones then went on to show the floor plan and details of the home. He added they would be providing samples to the Town Clerk regarding the color of the shutters, which could always be changed. Mayor Morgan asked if the floor level of the house had to be raised to meet the Federal Flood Standards to which Mr. Jones answered in the affirmative and that as an architect, they had to keep in mind to provide a finished floor elevation that is not only consistent with FEMA, but with the Florida Building Code in order to receive a permit to build and at the same time, be compatible with the neighboring properties, which may be at a lower elevation. Mr. Dave Bodker, landscape architect, started the presentation by saying there was an existing large ficus tree in the center of the lot that was approximately 25, high with a 34' spread and it was important to retain that tree as it was part of the neighborhood charm with large trees on Polo. He then explained the landscaping, in great detail, that would be put on the property and the vegetation that would be kept and some relocated. He added that the property is going to be raised about two feet with a retaining wall, so the five-foot hedge will essentially be a seven -foot -high hedge. Vice Mayor Stanley commented regarding the front elevations and trying to save the older branching trees by designing the houses around the tree. He wanted to make sure the commissioners were still all on board with this. Commissioner Orthwein thought they should continue to urge people to keep the mature landscaping and they would have to understand that a different design to accommodate this was necessary and she thought they had done a good job with the split garage design. Commissioner White was glad they were able to preserve the trees, which brought up the issue of maintaining them and if that could be mandated. Commissioner Orthwein made a motion to approve a land clearing permit to clear the land for construction. The motion was seconded by Commissioner White with all voting AYE at roll call. Commissioner Orthwein made a motion to approve a demolition permit to demolish all structures on the site. The motion was seconded by Commissioner White with all voting AYE at roll call. Commissioner Orthwein made a motion to approve a Level III Architectural/Site Plan based on a finding that the construction of a one-story 5,240 sq. ft. single-family Gulf Stream Bermuda -style home with two (2), one (1) car attached garages, a swimming pool and 300 sq. ft. guest cottage meets the minimum intent of the Design Manual and applicable review standards with the following conditions: 1. Prior to the issuance of a Building Permit, the owner of the property shall prepare and sign a Gulf Stream Driveway Removal Agreement. 3 Minutes of Town Commission Regular Meeting & Public Hearing Held June 12, 2020 @ 9:00 A.M. 2. Any minor modifications in the approved landscaping shall be submitted to the Town Manager for review and approval and any major modification shall be brought back to the ARPB for review and approval, prior to commencement of landscaping. The motion was seconded by Commissioner White with all voting AYE at roll call. 2. 2775 Ave. Au Soleil a. Declaration of Ex -Parte Communications Mayor Morgan and Commissioner White stated they had spoken with Mr. Snavely about this property. b. Administer Oaths Town Clerk Taylor swore in Mr. Chester Snavely, Jr. c. Application submitted by Chester C. Snavely, Jr. & Therese P. Snavely, owners and agent of property located at 2775 Ave. Au Soleil, Gulf Stream, Florida, legally described as Parcel 1, Lot 93 and Parcel 2, 1101x70' described in metes & bounds, both located in Place Au Soleil Subdivision. (1) LAND CLEARING PERMIT to demolish all buildings and pavement on the property and remove non- native and diseased trees. (2) LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to demolish all buildings and pavement on the property, remove some non-native trees and plants, grade, irrigate, sod and seed property. Mr. Chester Snavely Jr. explained that the property had become very run down and the house had been in disrepair for at least ten years or more. He added that the lot was under agreement to the next-door neighbor to combine the lots and put a substantially larger house than what he has now. Mr. Snavely went on to explain when that contract didn't materialize, executors of the Lavoi Estate asked the Town to remove the demolition requirement so they could more easily market the property and when he found that out he was concerned because the house needed to come down and he didn't want to see someone come in and just put a band-aid on the house and flip it. Mr. Snavely said he was concerned for the neighborhood, so he bought the house and his intent was to remove the house, the foundations, the floor slab and sod the area. He added he was going to temporarily install a sprinkler system to sprinkle the lot and that the only tree worth saving was a large mango tree at the rear of the property and all others were diseased and overgrown. Mr. Snavely will be leaving the clusia hedge and the overgrown ficus plantings, which he will trim down and get back to a healthy condition. Mayor Morgan complimented Mr. Snavely on what he was going with the property and for the neighborhood and Commissioners White and Orthwein heartily agreed. Commissioner White made a motion to approve a land clearing permit to clear property of non-native and diseased trees to prepare for 4 Minutes of Town Commission Regular Meeting & Public Hearing Held June 12, 2020 @ 9:00 A.M. new sod and irrigation. The motion was seconded by Commissioner Orthwein with all voting AYE at roll call. Commissioner White made a motion to approve a Level III Architectural/Site Plan to demolish all buildings and pavement on the property and to grade, irrigate, sod and seed the property. The motion was seconded by Commissioner Orthwein with all voting AYE at roll call. IX. Reports. A. Town Manager 1. Utility Undergrounding & AT&T Contract Town Manager Dunham stated Comcast had placed all the drops with only one conduit left that needed to be placed. Once that is complete, the next step is for the individual residents to schedule for service, he added. In regard to AT&T, Town Manager Dunham referred to a memo he had sent discussing a conversation with a representative from AT&T stating that AT&T had stopped all work on the undergrounding project until the Town would agree to pay an additional $1,000,000. He recommended that the Town file suit against AT&T for these actions and then referred to Assistant Town Attorney Nazzaro who gave some background information on AT&T's relationship with the Town. Assistant Town Attorney Nazzaro stated AT&T began work in early 2019 and by June of that year they raised an issue regarding boring new conduit but stated the Town would not be charged for any deviations they made. At the August 2019 commission meeting, a representative from AT&T gave an update stating their goal was to be finished by the end of 2019 by removing poles and cables and in September of 2019 AT&T had another issue with the conduit, but stated it would be replaced at AT&T's expense, he added. Assistant Town Attorney Nazzaro stated it wasn't until April of this year that a new representative from AT&T informed the Town of the new cost and that they would stop work until the Town agreed to enter into a new contract reflecting the new pricing. He added the goal was to get the undergrounding work finished as soon as possible and the best way to do that was to file a lawsuit, which required commission action and he then referred to Joanne O'Conner from Jones, Foster who explained the draft complaint and the nature of the claim being filed on two counts, which will be specific performance and declaratory relief for declaratory judgment. She added they were recommending that the lawsuit be filed in Federal Court because it would be much more favorable relative to the timing. Mayor Morgan stated he had read the complaint and thought it was very good. He added that Phase One was completed by AT&T for just over $160,000 and now they were asking for 1.1 million, which was a striking difference, so he didn't think the Town had any alternative other than to take the advice of Jones, Foster and file a lawsuit. Vice Mayor Stanley stated that if the Town had enough leverage, maybe something would happen in mediation. Commissioner Lyons stated that after having extensive discussions with Assistant Town Attorney Nazzaro, he believed this was the most efficient 5 Minutes of Town Commission Regular Meeting & Public Hearing Held June 12, 2020 @ 9:00 A.M. and fastest way to get AT&T back on the job and asked if Jones, Foster agreed with that, to which Mrs. O'Conner answered in the affirmative. Commissioner Orthwein made a motion to authorize the filing of a lawsuit against AT&T, and to retain Robert Wright as special counsel at the discounted government rate of $250 per hour. The motion was seconded by Commissioner White with all voting AYE at roll call. 2. Update: Minor Road Repairs/Drainage & CIP Schedule Town Manager Dunham stated there had been positive feedback from the residents regarding the letter that was sent out by Mayor Morgan regarding minor road repairs/drainage. He added that since there were funds available, they would like to meld this project into the CIP Plan and put in some curbs where there is repetitive rutting from trucks, thus the higher cost. Ms. Rebecca Travis, from Baxter & Woodman then gave an update on the report by showing that since a good number had come in on the water main project, there were funds left to utilize. Commissioner Orthwein asked about the curbing and width of the roads to which Ms. Travis stated they were trying to attain a minimum 18' pavement width and the curbing would just be on the turns, not the straight away. Mayor Morgan wanted to know if the locations of the curbing would be part of the road expansion, to which Town Manager Dunham answered in the affirmative. Mayor Morgan referred to Mr. Michael Pippins who had sent in some photographs. Mr. Pippins resides at 3023 Polo Drive and commended the Mayor on his recent letter regarding the improvements and stated the letter is what prompted him to go out and take pictures of where he thought curbing would be much needed. Commissioner Lyons stated he was in favor of installing curbing in critical locations but wondered if the goal could be accomplished with a curb that wasn't so large that the Town begins to look like a development. Mayor Morgan said he understood that the design of the curb is important to withstand the striking of large tires and Town Manager Dunham agreed and added that there were many types of curbs and gave an example of the curbs in the Town Hall parking lot. Mayor Morgan asked if there needed to be commission action at this point to which Assistant Town Attorney Nazzaro answered not until they went out to bid with something concrete or piggy -backed on another contract to move forward. Mayor Morgan stated they should have something concrete to present at the next meeting and Vice Mayor Stanley and Commissioner Lyons agreed. Vice Mayor Stanley stated he had been getting questions from residents regarding the Mayor's letter and he was advising those who thought their pavers and mailboxes were going to need to be moved to send their questions or comments in writing. He added that they were also asking when the actual roads in the core were going to be repaved. Ms. Travis answered 2022 for the north part of the core. 3. Place Au Soleil proposed Subdivision Update Town Manager Dunham explained that he attended a community meeting the evening of June 1, 2020, where Mr. Glickstein made a presentation to residents. He added there were about 40 in attendance. 0 Minutes of Town Commission Regular Meeting & Public Hearing Held June 12, 2020 @ 9:00 A.M. Town Manager Dunham stated there were a lot of questions asked of Mr. Glickstein and, it seemed to him, very positive responses from those in attendance, although there is no application pending at this time. 4. Place Au Soleil Street Lighting Update Town Manager Dunham stated installation of the poles would begin within a week. 5. Application for Abandonment of Banyan Rd. right-of-way at 588 Banyan Rd. Assistant Town Attorney Nazzaro referred to the memo sent by Town Manager Dunham and explained the FL Statute on this issue and that he had consulted with Town Attorney Randolph who suggested the Town use the policy in place in the Town of Palm Beach, which includes fees for abandoning the road. Mr. James Davis, the owner of 588 Banyan, stated it was an awkward situation and he appreciated the commission letting them submit the application. Mayor Morgan asked what was needed at this point and Assistant Town Attorney answered they could go ahead and process the application so that it would be on the next meeting agenda for their consideration. Commissioner Orthwein said it made sense because it cleans things up. There was a consensus from the commission to get the ball rolling so it could be on the next agenda. B. Architectural Review & Planning Board 1. Meeting Dates a. June 25,2020 @ 8:30 A.M. b. July 23, 2020 @ 8:30 A.M. c. No August Meeting d. September 24, 2020 @ 8:30 A.M. e. October 9, 2020 @ 8:30 A.M. f. November to be decided Mayor Morgan called attention to the dates. C. Finance Director 1. Financial Report for May 2020 2. Water Usage as of May 31, 2020 Town Manager Dunham stated the financial report was 660 of the budget. He added that they had received the preliminary estimated values for the Town, and it had increased 3%. D. Police Chief 1. Activity for May 2020 Chief Allen asked that the report be accepted as presented and he made mention that a new officer, Elias Fernandez, had been hired to replace an officer who left the Town in February of this year. He added that the reason it was so difficult to replace the officer was because there are over 100 vacancies in the county. Chief Allen stated Officer Fernandez came from NYC with 24 years of experience. Mayor Morgan asked if Chief could have him attend the next meeting so they could all meet him. X. Items for Commission Action. 7 Minutes of Town Commission Regular Meeting & Public Hearing Held June 12, 2020 @ 9:00 A.M. A. Purchase of Replacement Drainage Pump. Town Manager Dunham stated one of the pumps at the intersection of Polo and Old School needed to be replaced. The pump can only be purchased from the manufacturer, he added, and didn't include the installation price, which will be $3,000-4,000. Vice Mayor Stanley asked about the other pump, to which Mr. George Brit answered it was about eight years old. Mayor Morgan stated it had been repaired multiple times and had reached the end of its useful life, so it obviously needed to be replaced. Commissioner Orthwein made a motion to approve the purchase and installation of the new pump. Commissioner white seconded the motion with all voting AYE at roll call. B. O'Boyle vs Gulf Stream -Public Records Case 2019 CA -006817 Assistant Town Attorney Nazzaro explained that in April of 2019, Martin O'Boyle made a public records request for all records that mention or refer to him but limited to an incident at Town Hall on September 22, 2015. The Town engaged in diligent efforts to determine what records were sought, and to locate the records responsive to the Request, including having the outside contractor that provides information technology services to the Town perform several keyword searches. The IT contractor then transferred the emails located from its searches to a Town computer. The Town's typical process in responding to records requests is to make the responsive records available on-line through a Laserfiche Weblink. Approximately 1,300 pages of public records were provided in response to this request. However, in transferring the records responsive to the Request from the Town's computer system to the Laserfiche Weblink, an email was inadvertently not included with the transfer and thus was not produced to the Plaintiff in response to the Request. Even though this was only a mistake, the result is the same under the public records law, so Assistant Town Attorney Nazzaro needed a consensus confirming the Town's litigation strategy moving forward, which was to ask the court to enter judgment in favor of the Plaintiff and against the Town and proceed to determine the reasonable costs of enforcement, thereby cutting of any additional entitlement to fees. The Commission Board agreed. C. Designation of Voting Delegate for P.B. Co. League Cities Commissioner Orthwein made a motion to designate voting delegates for the Palm Beach County League of Cities, those being the Town Manager, followed by the Mayor, followed by any commissioner who is available. Commissioner White seconded the motion with all voting AYE at roll call. D. Resolution 20-3; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, URGING THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION TO ENTER INTO RULEMAKING TO ADOPT AN "IDLE SPEED -NO WAKE" ZONE WITHIN THE INTRACOASTAL WATERWAY SYSTEM FROM GEORGE BUSH BOULEVARD NORTH APPROXIMATELY TWO MILES; PROVIDING AN EFFECTIVE DATE. E -*3 Minutes of Town Commission Regular Meeting & Public Hearing Held June 12, 2020 @ 9:00 A.M. Commissioner Orthwein made a motion to approve the adoption of Resolution 20-3 with the effective date of June 12, 2020. Commissioner White seconded the motion with all voting AYE at roll call. E. Items by Mayor & Commissioners 1. Commissioner Lyons made a suggestion that Ms. Travis have an update available at the next meeting as to where the numbers started, where they are now, and where they will end up to ensure the governance of the expenditures are clearly shared with the public. Mayor Morgan and Town Manager Dunham agreed since things have evolved. XI. Adjournment Mayor Morgan adjourned the meeting at 11:03 a.m. Assistant Town Clerk W