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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 2 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. 3 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 5 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 0