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
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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.
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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
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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
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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.
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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
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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.
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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
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