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HomeMy Public PortalAbout08 14 2020 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION, OF THE TOWN OF GULF STREAM ON FRIDAY, AUGUST 14, 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. IV. Roll Call Present and Participating: Also Present & Participating: Scott W. Morgan Thomas W. Stanley Paul A. Lyons, Jr. Joan Orthwein Donna S. White Gregory Dunham Edward Nazzaro Edward Allen Rita Taylor Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Asst. Town Attorney Police Chief Town Clerk Minutes A. Regular Meeting of July 10, 2020 Vice Mayor Stanley made a motion to approve the minutes of the regular meeting on July 10, 2020. The motion was seconded by Commissioner Orthwein with all voting AYE at roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items Adding Item X.D. A1A Water Main Change Order and Item X.D. moved to IX B.1. VI. Announcements A. B. Regular Meetings and Public Hearings 1. 2. 3. 4. Budget Meetings 1. September 11, 2. September 22, September 11, 2020 at 4:00 P.M. October 9, 2020 at 9:00 A.M. November 13, 2020 December 11, 2020 at 9:00 A.M. at 9:00 A.M. 2020 at 5:01 P.M. 2020 at 5:01 P.M. (Final Hearing & Adoption) VII. Communication from the Public (3 min. maximum) There was none. Minutes of Town Commission Regular Meeting & Public Hearing Held August 14, 2020 @ 9:00 A.M. VIII. Public Hearing A. Applications for Development Approval 1. 555 Pelican Lane a. Declaration of Ex-Parte Communication There was none. b. Administer Oaths Town Clerk Taylor swore in Tom Murphy and Martin Brown, Jr. c. An application submitted by Attorney Thomas Murphy, Jr., as Agent for the owners of property located at 555 Pelican Lane, Gulf Stream, Florida, which is legally described as Lot 10, Driftwood Landing. (1) VARIANCE to permit the replacement of 6 windows facing the Intracoastal Waterway that are divided into only 2 panes as opposed to installing multi -paned windows that are usually found in Bermuda style architecture. (2) LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to replace 6 windows that face the Intracoastal Waterway that are divided into 2 panes as opposed to multi -paned windows that are usually found in Bermuda style architecture. Mr. Tom Murphy, Jr., Esq., representing the Brown children, Martin, Nina, Suzanne and Eliza, explained their history in the Town. He then introduced Martin Brown, Jr. who gave his family history of growing up in Gulf Stream and what the town meant to them and the Brown family. He stated the goal was to safeguard their waterfront property by installing hurricane proof windows in a way that didn't alter the historic character of the house as it had existed over the past 70 years. Mr. Murphy explained that Eliza had recently suffered the entire destruction of her home in California due to the wildfires and became alarmed when she learned that the house on Pelican was not insured for wind. She contacted a window fabricator in order to improve the windows and they were manufactured at the cost of almost $60,000 Mr. Murphy explained that the company should have gone to the Town before manufacturing the windows to review the requirements for Gulf Stream, but they did not. When the installer met with Town Manager Dunham and Town Clerk Taylor, they were told the plan did not comply with the Code. Mr. Murphy added that he was then called in by the Browns to investigate the situation and it was then that he conveyed to them the only option would be to request a variance from the ordinance. Mr. Murphy stated notices had been sent to all affected parties, and furthermore, no residents or neighbors could see the windows except for one person on the Intracoastal who was building a primarily glass structure. He added they were just looking for a variance for the 2 Minutes of Town Commission Regular Meeting & Public Hearing Held August 14, 2020 @ 9:00 A.M. windows that have been in place for 70 years to now be replaced with safe windows so the family could purchase wind insurance. Commissioner Lyons made some comments about the estate and stated sections from the manual and summarized that he believed the application was consistent with the overall intent of design to protect the structure of the home. He added that an applicant's variance request must be reviewed on its own merits and approving this wouldn't establish a controlling precedent for future applicants. Commissioner Lyons stated that he had watched the ARPB meeting and all members voted in favor of the variance so with that and all the other reasons given was why he was recommending approval. Commissioner White stated Sec. 70-101 b.2 where it mentions the use of muntin's to divide glass into unified sections of four square feet or less and asked if these complied. Mr. Murphy answered he thought so but didn't have the statistics. Town Clerk Taylor stated that one corner of the window will have windows that are 37"x82" and the windows for the other corner will be 53"x82" and the one divider is placed so that the top pane of glass will be longer than the bottom pane. She added the design is called "Pro View" because it's a longer top pane. Mayor Morgan stated they had made very good points and believed that going with hurricane windows instead of boarding up the old ones was the right choice. He added that the preservation of the architectural integrity is important as this was a classic Gulf Stream home and it wasn't a situation that they had created nor was this being granted as a special privilege. Vice Mayor Stanley made a motion to approve a variance from the provisions in Sec. 70-101 to permit the replacement of six windows facing the Intracoastal Waterway that are divided into only two panes as opposed to multi -paned windows for Gulf Stream Bermuda -style dwellings. Commissioner White seconded the motion with all voting AYE at roll call. Vice Mayor Stanley made a motion to approve a Level III Architectural/Site Plan to replace six windows that face the Intracoastal Waterway that are divided into two panes as opposed to multi -paned windows that are usually found in Bermuda style architecture. 2. 4225 N. County Road a. Declaration of Ex-Parte Communication There was none. b. Administer Oaths Town Clerk Taylor swore in Michael Rizzo. c. An amended application submitted by Michael S. Rizzo, as Agent for the owners of property located at 4225 N. County Road, legally described as a parcel of land in Govt. Lot 2, Section 34, Township 45 South, Range 43 East, Palm Beach County Florida (1) DEMOLITION AS AMENDED for total demolition of existing dwelling. 3 Minutes of Town Commission Regular Meeting & Public Hearing Held August 14, 2020 @ 9:00 A.M. Mr. Rizzo explained that after being granted approval for partial demolition by the Town Commission, they found out the site cannot support a new septic system. He added there was no advantage to save the existing structure, so they are asking for an amendment to the original application to allow the demolition of the complete structure. Mr. Rizzo pointed out they would build the house exactly the way it was approved, and no setbacks would change. Commissioner Lyons asked some questions that were answered to his satisfaction. Vice Mayor Stanley made a motion to approve a demolition permit for the demolition of an existing single -story house located at 4225 N. County Road. Commissioner White seconded the motion with all voting AYE at roll call. IX. Reports A. Baxter & Woodman presentation of Septic to Sewer Study Mr. Sira Prinyavivatkul, representing Baxter & Woodman, gave an in-depth presentation on the Wastewater Feasibility Study that was updated from 2002. Their recommendation was the Low -Pressure Sewer System Alternative #2 as it was the most economical choice for serving the Town over a 30-year life cycle. It required the least amount of maintenance by the Town since grinder pump basins are privately owned and operated. Mayor Morgan thanked him for the very thorough analysis and stated it was exactly what they wanted and extremely expensive. Commissioner Lyons asked if they would recommend the Town incorporate this into the other improvements with the CIP project over the next 10- 12 years. Mr. Prinyavivatkul answered that the Town could include it with the roadway reconstruction so it could all be done at one time. B. Town Manager 1. Piggyback Contract -Minor Road Repairs Town Manager Dunham stated there were three things that needed to be approved. First being the Public Works Construction Services Agreement, a Purchase Order presented by Foster Marine Contractors for minor roadway and drainage repairs and a Construction Management Services Agreement with Baxter & Woodman. CFO Tew explained the Town's capital expenditures vs. all the capital improvement projects, including the AlA Water Main Project. She stated that for this fiscal year, between the water fund and the general fund, the Town allocated $3,095,693. CFO Tew stated the Foster Marine bid came in at $1.9 million with the Baxter & Woodman project fee for that being $123,400. She added that gave the Town a surplus of a million dollars to work with for any additional improvement projects. With the Foster Marine core drainage project about to start and the Baxter & Woodman fees added into that, plus the Wastewater Study, it leaves the Town with a surplus of $633,306. Mayor Morgan asked what the nature of the alternate bid was to which Rebecca Travis, from Baxter & Woodman, answered that the first one involved swales and drainage on Oleander 4 Minutes of Town Commission Regular Meeting & Public Hearing Held August 14, 2020 @ 9:00 A.M. and the second one involved curbing. Curbing vs. widening the roads was then discussed and decided that expansion of the road was the best option and less expensive. Vice Mayor Stanley made a motion to approve the Public Works Construction Services Agreement with Foster Marine Contractors, Inc. Commissioner Orthwein seconded the motion with all voting AYE at roll call. Vice Mayor Stanley made a motion to approve a purchase order in the amount of $330,641 unit price (not lump sum) utilizing the agreement. Commissioner Orthwein seconded the motion with all voting AYE at roll call. Vice Mayor Stanley made a motion to approve an agreement for construction management services for Baxter & Woodman to oversee this project in the amount of $24,606. Commissioner Orthwein seconded the motion with all voting AYE at roll call. 2. Utility Undergrounding Comcast Cable were present at the beginning of the meeting but left, so Town Manager Dunham stated they had been there to explain what was left to do in Gulf Stream. He added that they had mentioned to him about trying to hook up on the outside of the homes and then give each resident a kit to hook things up themselves. It was an overall consensus that wasn't a good idea. Mayor Morgan asked Town Manager Dunham to set up a meeting in the next week with them to discuss further. 3. Update-AlA Water Main Project Under Construction Town Manager Dunham stated they had moved from County Road to Little Club Road and will probably be finished today or early next week. He added they were on schedule to be substantially complete by October 21, 2020. Mayor Morgan stated he thought that was due to the staff and Baxter & Woodman staying on top of things. 4. Update -Place Au Soleil Street Lighting Town Manager Dunham stated the street lighting was in and there was one light that wasn't working but they were aware of this problem and were working to solve the issue. Town Manager Dunham then brought up an issue at the end of Golfview Road where the guardrail with reflective signage sits. He stated cars were parking at the guardrail and climbing over and through the landscaping to fish off the bank, which is full of huge boulders and not a safe area constructed for fishing. Town Manager Dunham stated that the Town Code allows for the Chief of Police to designate no parking areas anywhere in the Town and they would like to put these in this area. Assistant Town Attorney Nazzaro suggested fines be added to trespassers. Commissioner Orthwein asked if random people just went down there, to which Chief Allen and Town Manager Dunham answered in the affirmative, so she agreed that 5 Minutes of Town Commission Regular Meeting & Public Hearing Held August 14, 2020 @ 9:00 A.M. signage would be a good start. Mayor Morgan agreed and stated they could talk about fines at the next meeting if needed. C. Architectural Review & Planning Board 1. Meeting Dates a. No August Meeting b. September 24, 2020 at 8:30 A.M. c. October 22, 2020 at 8:30 A.M. d. November 19, 2020 at 8:30 A.M. e. December 17, 2020 at 8:30 A.M. D. Finance Director 1. Financial Report for July 2020 Town Manager Dunham stated this covered 10 months and encouraged everyone to read the summary and highlights provided by CFO Tew. 2. Water Usage as of July 31, 2020 E. Police Chief 1. Activity for July 2020 Chief Allen stated there were no auto thefts to report in the last month and out of the 10 that have been stolen, six have been recovered. He asked that the report be approved as submitted. Mayor Morgan accepted and approved all reports. X. Items for Commission Action. A. Ordinances Town Clerk Taylor read the following ordinances: 1. No. 20/3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 66, ZONING, ARTICLE VIII, SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 2, ACCESSORY STRUCTURES AND RECREATIONAL FACILITIES, SECTION 66-369-DOCKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE AND IT'S PRESENTED ON SECOND READING FOR ADOPTION THIS 14TH DAY OF AUGUST, 2020. Vice Mayor Stanley made reading for adoption of a motion to approve the second Ordinance 20/3. Commissioner Orthwein seconded the motion with all voting AYE at roll call 2. No. 20/4; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING AND ENACTING AN UPDATED AND REPRODUCED CODE FOR THE TOWN OF GULF STREAM; PROVIDING FOR THE REPEAL OF ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE AND IT'S PRESENTED ON SECOND READING FOR ADOPTION THIS 14TH DAY OF AUGUST, 2020. 6 Minutes of Town Regular Meeting Held August 14, reading for motion with Commission & Public Hearing 2020 @ 9:00 A.M. Commissioner Orthwein made a motion to approve the second adoption of Ordinance 20/4. Commissioner White seconded the all voting AYE at roll call. Assistant Town Attorney Nazzaro explained that this Ordinance would promote and protect the general health, safety, and welfare of the residents of Gulf Stream. He added it was drafted by Gary Resnik of the Gray Robinson Law Firm, who is intimately familiar with the law in this area. He went on to say that staff, along with Town Attorney Randolph and himself, reviewed the Ordinance with Mr. Resnik, who explained that the length is due to its implementation of a new statute that is 19 pages long. Town Attorney Randolph called the ordinance `comprehensive' and said it touches on everything he wanted it to touch on. Town Clerk Taylor then read the following: 3 No. 20/5; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES BY AMENDING CHAPTER 34, ARTICLE VI, ENTITLED "UNDERGROUNDING OF UTILITIES," SECTIONS 34-103 - 34-109; AND BY REPEALING AND REPLACING APPENDIX A - TELECOMMUNICATIONS ORDINANCE OF THE CODE OF ORDINANCES, KNOWN AS THE "TOWN OF GULF STREAM TELECOMMUNICATIONS ORDINANACE," WITH A NEW APPENDIX A ENTITLED "GULF STREAM COMMUNICATIONS RIGHTS -OF -WAY ORDINANCE"; PROVIDING INTENT AND PURPOSE, APPLICABILITY AND AUTHORITY TO IMPLEMENT; PROVIDING DEFINITIONS; PROVIDING FOR REGISTRATION FOR PLACING OR MAINTAINING COMMUNICATIONS FACILITIES IN THE PUBLIC RIGHTS -OF -WAY; PROVIDING REQUIREMENT OF A PERMIT;; PROVIDING APPLICATION REQUIREMENTS AND REVIEW PROCEDURES; PROVIDING FOR BONDS; PROVIDING FOR CONSTRUCTION METHODS; PROVIDING DEVELOPMENT AND OBJECTIVE DESIGN STANDARDS; PROVIDING FOR FEES AND TAXES; PROVIDING ENFORCEMENT REMEDIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE PRESENTED ON FIRST READING THIS 14TH DAY OF AUGUST, 2020. Vice Mayor Stanley made a motion to approve the first reading of Ordinance 20/5. Commissioner Orthwein seconded the motion with all voting AYE at roll call. B. Auditor Bid Award -Auditor Selection Committee Assistant Attorney Nazzaro stated that earlier in the year the Town created an Auditor Selection Committee per FL Statute 218.391 and had met all the obligations under that statute. He then turned it over to the Chairman of that Committee, Commissioner Lyons. Mr. Lyons stated he was fortunate to have very qualified committee members, Tracey Stevens, the Town Manager of Ocean Ridge, and Linda Stumpf, the Town Manager of Manalapan. Commissioner Lyons explained the process and 7 Minutes of Town Commission Regular Meeting & Public Hearing Held August 14, 2020 @ 9:00 A.M. called attention to the Evaluation Form that was used in their selection of Nowlen, Holt and Miner to be their recommendation to the Commission. Commissioner Orthwein made a motion to accept the Auditor Selection Committee's recommendation of Nowlen, Holt and Miner to be the auditors for the Town. Commissioner White seconded the motion with all voting AYE at roll call. C. Settlement Agreement 1. Code Enforcement Violations and Fines at 2900 Ave. Au Soleil-Case No. CE 6-06. Mr. Cary Glickstein stated he was present as an intervener as the agreement was with the Town and the current owner. He added they were a contract purchaser of the property and if the purchase goes forward, they would inherit the obligations under the settlement agreement. Mr. Glickstein stated the property was very challenging because they have a proposed development for the adjacent golf club and FIND property and that has been in abeyance in trying to integrate this property into that development application. He explained that the problem has been the clarity of title since the conveyance in 1945 by the club and the property owner at that time who subdivided the lot. Mr. Glickstein stated this property has undergone a number of recorded instruments that impacted some of the lots in Place au Soleil, the easement modifications that the club did, as well as some amusement modifications agreed to by the Town. He added they had provided some information to the Town in an effort to try and resolve something that he thought may be unresolvable because everything is so unclear. Because of the water irrigation line for the club and the water main for the Town bisecting the property, Mr. Glickstein stated it was a difficult property to underwrite and develop, and this was their third attempt. He added that the Code Enforcement Violation was one of the things impacting the title. Mayor Morgan asked if the purchase went through what were the plans for the property to which Mr. Glickstein stated they would demolish what was there and resell the property to someone who would build a home there. He added that it didn't integrate into what they were doing. He added that the approval of the settlement agreement didn't necessarily mean the purchase would go through but wanted the Commission to know they were trying to resolve one of the issues with this property. Commissioner White asked what was currently owed on the lien to which Assistant Town Attorney Nazzaro answered between $200-250,000 because it had been accruing since 2006 with no one to come forward to correct the violation since the owner died unexpectedly. Mayor Morgan stated it was in the Town's interests to see the property moved. Vice Mayor Stanley made a motion to approve the Settlement Agreement. Commissioner Orthwein seconded the motion with all voting AYE at roll call. 8 Minutes of Town Commission Regular Meeting & Public Hearing Held August 14, 2020 @ 9:00 A.M. C. AlA Water Main Change Order Town Manager Dunham explained that due to the condition of County Road, it was the recommendation of our engineers to fully repave County Road instead of patching the trench where the new line was installed. Vice Mayor Stanley made a motion to approve the Change Order and pave County Road at the price of $19,485. Commissioner Orthwein seconded the motion with all voting AYE at roll call. D. Items by Mayor & Commissioners There were none. XI. Adjournment. Mayor Morgan adjourned the meeting at 11:08 A.M. Renee Bas Assistant Town Clerk 9