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
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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.
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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
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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
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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.
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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.
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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