HomeMy Public PortalAbout03 12 2021 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN
COMMISSION, OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 12, 2021 AT 9:00
A.M., IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL,
100 SEA ROAD, GULF STREAM, FLORIDA.
I. Call to Order
Mayor Morgan called the meeting to order at 10:02 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
John Haseley
Rita Taylor
Town Manager
Asst. Town Attorney
Captain
Town Clerk
A. Regular Meeting of February 12, 2021.
Commissioner Orthwein made a motion to approve the minutes
of the February 12, 2021 meeting. Commissioner White seconded the
motion with all voting AYE at roll call.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Mayor Morgan stated that Resolution 21-1 would be added to the
Agenda as Item X.B. pushing Item V.B. to X.C.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. April 9, 2021 at 9:00 A.M.
2. May 14, 2021 at 9:00 A.M.
3. June 11, 2021 at 9:00 A.M.
4. July 9, 2021 at 9:00 A.M.
5. August 13, 2021 at 9:00 A.M.
6. September 10, 2021 at 9:00 A.M.
Mayor Morgan called attention to the dates.
VII. Communication from the Public (3 min. maximum)
There was none.
VIII. Public Hearing.
A. Declaration of Ex-Parte Communications
Commissioner Lyons stated he had spoken to the neighbor
located south of 3140 Polo Drive who was adamantly opposed
and had also sent a letter regarding the application.
Minutes of Town Commission
Regular Meeting & Public Hearing
Held March 12, 2021 @ 10:00 A.M.
B. Administer Oaths
Town Clerk Taylor swore in everyone slated to speak.
C. Applications for Development Approval
1. An application submitted by Cary Glickstein of Ironwood
Development, Inc. as agent for the Gulf Stream Golf Club
and Florida Inland Navigation District, owners of property
east of U.S. Highway 1 and north of the Place au Soleil
subdivision as further described in the requested
approvals.
a. Comprehensive Plan Amendment to convert the site's
existing Future Land Use Designation from P (Public)
and REC (Recreation) to SF (Single Family Residential)
and P (Public).
ORDINANCE NO. 21/1
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, AMENDING THE FUTURE LAND USE MAP OF
THE TOWN'S ADOPTED COMPREHENSIVE PLAN RE -
DESIGNATING 4.154 ACRES, MORE OF LESS, IN SIZE
FROM P (PUBLIC) TO SF (SINGLE FAMILY RESIDENTIAL),
4.158 ACRES, MORE OR LESS, IN SIZE FROM REC
(RECREATION) TO P (PUBLIC), AND 3.489 ACRES, MORE
OR LESS, IN SIZE FROM REC (RECREATIONAL) TO SF
(SINGLE FAMILY RESIDENTIAL); SUCH PARCELS ARE
LOCATED GENERALLY EAST OF U.S. HIGHWAY 1 AND NORTH
OF THE PLACE AU SOLEIL SUBDIVISION; AS SET FORTH
HEREIN AND ATTACHED HERETO; PROVIDING FOR SEVER -
ABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT; PROVIDING AN
EFFECTIVE DATE.
b. Rezoning from P (Public Facilities) and OR (Outdoor Recre-
ational) districts to RS-P (Single Family Residential -
Place au Soleil) and P (Public Facilities).
ORDINANCE NO. 21/2
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY FLORIDA
AMENDING THE TOWN'S ZONING MAP TO REZONE 4.154
ACRES, MORE OR LESS, IN SIZE FROM P (PUBLIC
FACILITIES) DISTRICT TO RS-P (RESIDENTIAL SINGLE
FAMILY -PLACE AU SOLEIL) DISTRICT, 4.158 ACRES, MORE
OR LESS, IN SIZE FROM OR (OUTDOOR RECREATIONAL)
DISTRICT TO P (PUBLIC FACILITIES) DISTRICT), AND
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held March 12, 2021 @ 10:00 A.M.
3.489 ACRES, MORE OR LESS, IN SIZE FROM OR (OUTDOOR
RECREATIONAL) DISTRICT TO RS-P (RESIDENTIAL SINGLE
FAMILY -PLACE AU SOLEIL) DISTRICT; SUCH PARCELS ARE
LOCATED GENERALLY EAST OF U.S. HIGHWAY 1 AND NORTH OF
THE PLACE AU SOLEIL SUBDIVISION; AS SET FORTH HEREIN
AND ATTACHED HERETO; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE.
c. Text Amendment to the RS-P (Single Family Residential -
Place au Soleil) regulations to allow for a 10-foot rear
setback for pools in Place au Soleil Addition No. 2.
ORDINANCE NO. 21/3
AN ORDINANACE OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA
AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER
70-GULF STREAM DESIGN MANUAL; ARTICLE IV -SITE
DEVELOPMENT REGULATIONS; SECTION 70-74-SETBACKS,
TO PROVIDE FOR A REDUCED REAR SETBACK FOR POOLS
APPLICABLE TO SOME HOMES IN PLACE AU SOLEIL
ADDITION NO. 2; PROVIDING FOR SEVERABILIY; PROVIDING
FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
d. Level 3 Site Plan/Subdivision Approval for a 14-lot sub-
division on 7.64 acres.
e. Concurrency Certification to confirm municipal services
are available for the proposed 14 units.
Assistant Town Attorney Nazzaro explained that there were
five approvals requested as part of the application. He added that
three of them required two readings and the other two would be brought
before the Commission at a future meeting. Mr. Mike Covelli, Land
Planner for the project, stated that the Commission had the
Comprehensive Plan Amendment in front of them to change the reconfigured
property from REC(Recreation) and P(Public) to SF(Single-Family
Residential). He gave the proposed density as 1.83 units per acre with
14 units. Mr. Covelli stated all services are adequate in terms of
water, sewer, parks, pools, roads, traffic, etc. He added the re -zoning
was like the comprehensive plan but there was a requirement that if you
changed the comprehensive plan then the zoning had to be consistent with
the land use designation. He added that the rezoning would establish
the proper zoning for the parcels in conjunction with changing the land
use designation.
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held March 12, 2021 @ 10:00 A.M.
Mr. Rustem Kupi, Project Architect, stated that the only text
amendments they were asking for were for lots 1-6 and 9-14 regarding
pool setbacks to go from 15' to 10, off the property line.
Mayor Morgan stated there was a consistency of services and
it seemed to be a natural extension of Place au Soleil and Gulf Stream's
single-family homes. He added that the setbacks seemed reasonable based
on the arguments given and would enhance the values of the properties
which would also add tax revenue for the Town. Commissioner Lyons
recused himself from voting due to a conflict as he is on the Board of
The Gulf Stream Golf Club.
Town Clerk Taylor read Ordinance No. 21/1:
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, AMENDING THE FUTURE LAND USE MAP OF
THE TOWN'S ADOPTED COMPREHENSIVE PLAN RE -
DESIGNATING 4.154 ACRES, MORE OR LESS, IN SIZE
FROM P (PUBLIC) TO SF (SINGLE FAMILY RESIDENTIAL),
4.158 ACRES, MORE OR LESS, IN SIZE FROM REC
(RECREATION) TO P (PUBLIC), AND 3,489 ACRES, MORE
OR LESS, IN SIZE FROM REC (RECREATIONAL) TO SF
(SINGLE FAMILY RESIDENTIAL); SUCH PARCELS ARE
LOCATED GENERALLY EAST OF U.S. HIGHWAY 1 AND NORTH
OF THE PLACE AU SOLEIL SUBDIVISION AS SET FORTH
HEREIN AND ATTACHED HERETO; PROVIDING FOR SEVER -
ABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT; PROVIDING AN
EFFECTIVE DATE ON FIRST READING THIS 12TH DAY OF MARCH
2021.
Vice Mayor Stanley made a motion to approve Ordinance No.
21/1 on first reading. Commissioner Orthwein seconded the motion with
all voting AYE at roll call.
Town Clerk Taylor read Ordinance No. 21/2:
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, PALM BEACH COUNTY FLORIDA AMENDING THE
TOWN'S ZONING MAP TO REZONE 4.154 ACRES, MORE OR LESS,
IN SIZE FROM P (PUBLIC FACILITIES) DISTRICT TO RS-P
(RESIDENTIAL SINGLE -FAMILY -PLACE AU SOLEIL) DISTRICT,
4.158 ACRES, MORE OR LESS, IN SIZE FROM OR (OUTDOOR
RECREATIONAL)DISTRICT TO P (PUBLIC FACILITIES)
DISTRICT), AND 3.489 ACRES, MORE OR LESS, IN SIZE FROM
OR (OUTDOOR RECREATIONAL) DISTRICT TO RS-P
(RESIDENTIAL SINGLE -FAMILY -PLACE AU SOLEIL) DISTRICT;
SUCH PARCELS ARE LOCATED GENERALLY EAST OF U.S.
HIGHWAY 1 AND NORTH OF THE PLACE AU SOLEIL
SUBDIVISION; AS SET FORTH HEREIN AND ATTACHED HERETO;
10
Minutes of Town Commission
Regular Meeting & Public Hearing
Held March 12, 2021 @ 10:00 A.M.
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT;
PROVIDING AN EFFECTIVE DATE ON FIRST READING THIS 12TH
DAY OF MARCH 2O21.
Commissioner Orthwein made a motion to approve Ordinance No.
21/2 on first reading. Vice Mayor Stanley seconded the motion with all
voting AYE at roll call.
Town Clerk Taylor read Ordinance No. 21/3:
AN ORDINANACE OF THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING THE
TOWN CODE OF ORDINANCES AT CHAPTER 70-GULF STREAM
DESIGN MANUAL; ARTICLE IV -SITE DEVELOPMENT EGULATIONS;
SECTION 70-74-SETBACKS, TO PROVIDE FOR A REDUCED REAR
SETBACK FOR POOLS APPLICABLE TO SOME HOMES IN PLACE AU
SOLEIL ADDITION NO. 2; PROVIDING FOR SEVERABILIY;
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE ON FIRST READING THIS 12TH DAY OF MARCH 2O21.
Commissioner Orthwein made a motion to approve Ordinance No.
21/2 on first reading. Vice Mayor Stanley seconded the motion with all
voting AYE at roll call.
2. An application submitted by John Dykinga of Ocean Marine,
as agent for James Cacioppo, owner of property located
at 3140 Polo Drive, Gulf Stream, Florida, legally
described as 3140-3180 Polo Drive Lt 2.
a. Variance requesting a 16.5 ft. modification from
the provisions set forth in Section 66-369, Docks
(6)e for placement of a four -post boat lift.
There was no one present to present the application. Town
Manager Dunham explained what they had been seeking. Mayor Morgan
referred to the recommendation made by the ARPB to deny the variance
based on a finding that Standards 1,2,4,5 and 8 of criteria needed for a
variance were not met. Commissioner Orthwein stated it would infringe
on the neighbor and was not needed.
Commissioner Orthwein made a motion to deny a variance from
the provisions in Section 66-639(6)(e) that requested a 16.5'
modification to the placement of a four -post boat lift, based on the
finding that not all of the required eight standards for granting a
variance were met, specifically standards 1,2,4,5 and 8. Vice Mayor
Stanley seconded the motion with all voting AYE at roll call.
IX. Reports.
A. Town Manager
1. Utility Undergrounding
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held March 12, 2021 @ 10:00 A.M.
Town Manager Dunham stated AT&T had completed their work
on AlA, County Road, Little Club Road, and the Core area except for 2900
Polo, which needed a new conduit. He added that AT&T had wanted the
Town to put in the new conduit, but due to it not being part of the
Settlement Agreement, the Town did not do the work, so AT&T stated they
would do it, but it had not been completed yet. Mayor Morgan asked when
the poles would be removed to which Town Manager Dunham stated he had
been in constant contact with FPL to keep them abreast of AT&T's work
and should be down by May or June. Town Manager Dunham stated Comcast
was scheduled to have their wreck -out completed by mid -April. He added
that there were still residents who needed to make an appointment with
Comcast and if they did not before the end of March, their service would
be lost. Comcast would not provide the Town with the addresses of those
still needing to make an appointment, he said.
2. Update on purchase of electronic smart meters
Town Manager Dunham stated the Town had been budgeting for
this purchase since 2012 to convert from manual meter reading to
electronic smart meters. He added that most towns had smart meters and
it would also save time and labor since it could be done by driving by
instead of getting out and physically reading the meters. CFO Tew
stated it was cloud -based. Commissioner Lyons wanted to know if
residents could see the readings since it was cloud -based. CFO Tew
stated the meter would refresh constantly and if a resident wanted to
know this information, it would be a simple task and yes, it could be
done daily to see data for peaks and lows. Commissioner Lyons wanted to
know if the billing cycle would still be on a bi-monthly basis. CFO Tew
stated the Town could create a schedule on the smart meter that would
refresh the data without billing so that we would know if there was a
significant issue needing to be addressed. Commissioner Lyons suggested
an incremental schedule since there are constant leaks going on all over
town. Water Supervisor, Anthony Beltran, stated the meter would keep
information for 96 days. Assistant Town Attorney Nazzaro stated the
Town had identified a smart meter that would be best for the Town based
on specific needs of the Town and would not require a lot of disruption
to the residents. He added the Town had also identified the distributor
that worked in this area so that part of the procurement was complete.
Mr. Nazzaro stated the Town was now looking at installation, piggy -back
possibilities or if it needed to go out to bid. Mayor Morgan asked to
have an update at the next meeting to which the staff agreed to do so.
Commissioner Lyons asked how long the installation would take to which
Mr. Beltran answered two weeks.
B. Architectural Review & Planning Board
1. Meeting Dates
a. March 25, 2021 at 8:30 A.M.
b. April 22, 2021 at 8:30 A.M.
c. May 28, 2021 at 8:30 A.M.
1.1
Minutes of Town Commission
Regular Meeting & Public Hearing
Held March 12, 2021 @ 10:00 A.M.
d. June 25, 2021 at 8:30 A.M.
e. July 23, 2021 at 8:30 A.M.
f. September 23, 2021 at 8:30 A.M.
Mayor Morgan brought attention to these dates.
C. Finance Director
1. Financial Report for February 2021
Town Manager Dunham asked CFO Tew to go over the Capital
Outlay Fund being over budget. CFO Tew explained that the 10-year
Capital Improvement Plan was running on a calendar year and not a fiscal
year so that what was planned for fiscal year 2020 branched into fiscal
year 2021. She added that since we are a local government governed by
GASB and public entity reporting, the Town had to follow their
guidelines. CFO Tew stated the Town was severely under budget last year
in the water and streets capital budget but that is where the money is
going to come from. She added the Town was going to reserve those
funds, encumber them and at a later date present a budget amendment to
add those funds into this current year's budget. Vice Mayor Stanley
asked what the number was to which CFO Tew replied that the streets
capital was $376,000 over budget but she needed to allocate some of that
to the water fund. She added that in the water fund there was 1.7 and a
half million dollars left over in the budget that she could pull from
and encumber.
D. Police Chief
1. Activity for February 2021
Captain Haseley asked that the report be accepted as
submitted. Mayor Morgan accepted both reports as submitted.
X. Items for Commission Action.
A. ARPB Appointments/Reappointments
1. One Alternate Member (3-year term)
2. Two Regular Members (3-year term each)
Commissioner Orthwein made a motion to approve the ARPB
members Bob Dockerty, Amanda Jones and Jorgette Smith for reappointment.
Vice Mayor Stanley seconded the motion with all voting AYE at roll call.
B. Resolution No. 21-1
Town Manager Dunham explained what was going on with this
House and Senate Bill and that it would gut the Town's Code. He added
that Gulf Stream had an award -winning Design Manual and that this bill
would be detrimental to the beauty of Gulf Stream. Assistant Town
Attorney Nazzaro stated they were hoping that the League would be
working to get some modified language that would be beneficial to the
Town to allow the Town to continue to enforce their design criteria or
that would allow an exemption for overlay district. He added they were
hoping to broker some sort of compromise between the developers and
builders who are looking for this bill to be passed. Mr. Nazzaro stated
it was all happening very fast and the Town is going full force in
rA
Minutes of Town Commission
Regular Meeting & Public Hearing
Held March 12, 2021 @ 10:00 A.M.
reaching out to representatives and lobbyists who are working very
closely with the Senate Committee. Vice Mayor Stanley stated that the
Town technically did not have an overlay and would have to create one.
Assistant Town Attorney Nazzaro agreed and stated that the plan would be
to create an overlay district that is the core to the beachfront. Vice
Mayor Stanley defined an overlay district after Commissioner Lyons asked
for an explanation. Mayor Morgan thanked Mr. Nazzaro for all his hard
work and efforts regarding this bill. Town Clerk Taylor read Resolution
No. 21-1:
A RESOLUTION OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH
COUNTY, FLORIDA, OPPOSING HOUSE BILL 55
AND SENATE BILL 284 FOR THE 2021
LEGISLATIVE SESSION AND ANY BILLS THAT
INFRINGE ON HOME RULE AUTHORITY TO
REGULATE BUILDING DESIGN; PROVIDING AN
EFFECTIVE DATE.
Commissioner Orthwein made a motion to approve Resolution No. 21-
1. Commissioner White seconded the motion with all voting AYE at roll
call.
C. Items by Mayor & Commissioners
Commissioner Lyons made comments that some of our residents
had expressed their being pleased with staff for going above and beyond
the call of duty.
XI. Adjournment.
Mayor Morgan adjourned the meeting at 10:48 A.M.
Renee Basel
Assistant Town Clerk
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