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HomeMy Public PortalAbout09 10 2021 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION, OF THE TOWN OF GULF STREAM ON FRIDAY, SEPTEMBER 10, 2021, AT 4:00 P.M., IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order Vice Mayor Stanley called the meeting to order at 4:00 P.M. II. Pledge of Allegiance Vice Mayor Stanley led the Pledge of Allegiance. III. Roll Call Present and Participating: Thomas W. Stanley Vice Mayor Joan K. Orthwein Commissioner Donna S. White Commissioner Also Present & Participating: Absent w/Notice IV. Minutes Gregory Dunham Edward Nazzaro Edward Allen Rita Taylor Scott W. Morgan Paul A. Lyons Town Manager Asst. Town Attorney Chief of Police Town Clerk Mayor Commissioner A. Regular Meeting of August 13, 2021 Commissioner Orthwein made a motion to approve the minutes of the August 13, 2021, meeting. The motion was seconded by Commissioner White with all voting AYE at roll call. B. Reconsider Amendments of July 9, 2021 Commissioner Orthwein made a motion to approve the original minutes of the July 9, 2021, meeting stating 11 million was correct and no need for an amendment. Commissioner White seconded the motion with all voting AYE at roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items Town Manager Dunham asked to add an additional item under the Town Manager's Reports: 6. Re: Place au Soleil. VI. Announcements. A. Regular Meetings and Public Hearings 1. September 10, 2021, at 5:01 P.M. (Tentative Budget) 2. September 22, 2021, at 5:01 P.M. (Final Budget) 3. October 8, 2021, at 9:00 A.M. 4. November 12, 2021, at 9:00 A.M. 5. December 10, 2021, at 9:00 A.M. Vice Mayor Stanley called attention to the dates. VII. TOWN COMMISSION, SITTING AS THE BOARD OF ADJUSTMENT A. Appeal of decision from the Architectural Review and Planning Board. Vice Mayor Stanley asked the Commissioners if there had been any ex parte communication regarding this property to which they Minutes of Town Commission Regular Meeting & Public Hearing Held September 10, 2021 @ 4:00 P.M. answered in the negative. Town Clerk Taylor gave the oath to Mr. Chip Conklin, Water Supervisor, Anthony Beltran, and Town Manager, Greg Dunham. Assistant Town Attorney Nazzaro explained that the contractor had done work before obtaining Town approval and on February 25, 2021, the ARPB approved a plan presented by Bob Glynn, from Delray Gardens, as the agent for Mr. Conklin, and included a 25' tall Sea Grape Tree to replace one that the Town believed had been removed by Mr. Conklin or the landscapers. He added that Mr. Conklin believed the tree had been removed by the previous owner, Mr. Dye. After receiving the approval in February, Mr. Conklin wanted to modify the plan and remove the Sea Grape Tree and that request was denied by the ARPB thus bringing Mr. Conklin before the Board of Adjustment. Assistant Town Attorney Nazzaro stated that in order for the appeal to be granted, Mr. Conklin must prove that the ARPB, acting as the final review authority, either acted in a manner inconsistent with the provisions of the Town Code or other applicable local, state or federal law, made erroneous findings of fact based on the evidence and testimony placed before the final review authority at a public hearing, or failed to fully consider mitigating measures or revisions offered by the applicant that would have brought the proposed project into compliance with the applicable regulations. 1. Addition of a 25' tall Sea Grape Tree to landscape design at 3247 Polo Drive. Mr. Chip Conklin stated that when they purchased the property it was in disrepair and needed a lot of work. He added that the landscapers and arborists had taken out mostly dead shrubs when cleaning the property. Mr. Conklin proceeded to explain that when they were submitting plans that Town Manager Dunham had told him a tree had been taken down and needed to be replaced. Mr. Conklin expressed that he was not aware of there being a tree there and when he spoke to Mr. Glynn and the arborist about this, they told him that there was no tree. He added that since the property was stripped at this point, they wanted to get plans in as soon as possible, so they put the tree on the plans, and they were approved. Mr. Conklin explained that after that meeting, he decided to do some research and looked for photos on Google and Zillow to see if there was indeed a tree. He referred to photos from Zillow that were taken in March of 2017 showing that the tree hedge was a certain height and then he referred to Zillow photos from December of 2017 stating that the tree had been modified and was significantly shorter, so he believed that showed that some work had been done. Mr. Conklin then stated that he was coming before the Adjustment Board after being denied at the last ARPB meeting when he had asked to modify his plan and not replace the tree. He added that there was an attractive hedge in place now and that it would bastardize the property if he had to take the hedge out and replace it with a tree. Mr. Conklin stated that he had been told that a representative from the Town had driven by the property when the tree was being taken down and had taken photos. He E Minutes of Town Commission Regular Meeting & Public Hearing Held September 10, 2021 @ 4:00 P.M. added that he had requested to see those photos but had never seen them. Mr. Conklin then stated that if someone could show him photos of a 25- 30' tree being taken down then he would stand corrected, but he stood by the photos from 2017 showing the difference in height of the hedge and that it had changed dramatically. Assistant Town Attorney Nazzaro referred to a picture from Zillow showing a mature Gumbo Limbo tree next to a Sea Grape tree, not a 40' hedge. He then proceeded to read from the Town Code the definition of a tree. Mr. Nazzaro referred to the pictures taken by the Town's Public Works Director, Anthony Beltran, and explained that Mr. Beltran drives every street in the Core between 8:00 and 8:30 every morning and is familiar with the landscaping and would know exactly when work was being done on a property. Mr. Nazzaro noted that the photos were taken at 1:56 p.m. on January 14, 2021, and showed a 40' tree having been cut down to approximately 101, which was significantly shorter than the Gumbo Limbo tree next to it and why the ARPB felt it was appropriate for it to be replaced. Commissioner Orthwein stated that she drives by this property every day and she was positive that the Dye's did not take out the tree because after Mr. Dye passed, she walked around the property and it was all overgrown. She added that she wasn't sure if it was the property owner right after the Dye's or Mr. Conklin, but she was positive that one day it was there and then it was gone but she couldn't recall the exact date. Commissioner Orthwein stated that she assumed it was going to be replaced as it was older landscaping. Mr. Beltran stated that when he drove by the property the morning of January 14, 2021, the tree was there and when he drove by after lunch it was gone. Town Manager Dunham reiterated the date of January 14, 2021, that the tree was cut down without approval from the Town and he had called the landscapers to ask what day that had begun work at that property, to which they had given him the date of January 14, 2021. Mr. Conklin referred to the 2017 photos again and brought up the differences and then referred to the photos that Mr. Beltran had taken and stated that the stump had been cut back because the arborist told him they had cut it back because part of it was dead. He added they were wanting to grow a hedge that was full and then you wouldn't see the stump and the hedge would be more attractive as time went by. Mr. Conklin then stated that his landscaper and arborist swore to him that they did not take the tree down, but they cut six feet of the base down so it would be below hedge level and be more manageable. Mr. Conklin then stated that they were guilty of cutting back a hedge, but he did not feel he should be responsible for putting back a 25, tree that he did not take down. Vice Mayor Stanley stated that what he was gleaning from the conversation was whether this was a hedge, or a tree, and the Town's position was that it was a tree, as defined by the Town Code. Commissioner Orthwein stated that it may not have to be replaced by a 25' sea grape, but something comparable that was mature and 3 Minutes of Town Commission Regular Meeting & Public Hearing Held September 10, 2021 @ 4:00 P.M. provided a canopy that was now missing. Commissioner White asked how tall the tree had been before the pictures of the cut stump, to which Mr. Conklin answered that he didn't know for sure but thought that it was twice the height that it was in the picture, and he was certain it was a hedge, not a tree, that was cut back. Commissioner White asked where the 25' number had come from to which Mr. Conklin deferred to Town Manager Dunham who stated that it definitely was a tree and not a hedge. Assistant Town Attorney Nazzaro stated that the 25' height had come from Mr. Glynn to which Mr. Conklin disagreed and stated that Mr. Glynn told him that the staff had said if a tree was not added to the plan, it would not be approved by the Town. Commissioner White stated that looking at the picture, the stump looked like a tree stump in diameter and not a hedge. Mr. Conklin then stated that yes, it had been a tree at one time, but had become an overgrown shrub. Commissioner Orthwein, sitting on The Board of Adjustment made a motion to deny the appeal by Mr. Conklin. Commissioner White seconded the motion with all voting AYE at roll call. The Board of Adjustment suggested that the applicant work with the staff to mitigate a solution that was acceptable for all parties. The meeting was adjourned at 5:00 p.m. so that the Tentative Budget Hearing that was scheduled for 5:01 p.m. could begin. Vice Mayor Stanley called the meeting back to order at 5:28 p.m. VIII. Communication from the Public (3 min. maximum) Mr. Bob Ganger, Town resident, commended the staff and Commissioners on their due diligence with the property at 3247 Polo Drive and he hoped something amiable could be worked out with Mr. Conklin that was fair, equitable and desirable for everyone. IX. Reports. A. Town Manager 1. Utility Undergrounding Town Manager Dunham stated that Comcast had called in locates and could now move forward and would hopefully be done mid - October and that they had already completed some wrecking. He added that FP&L wanted to put in the new streetlights mid -October and those had to be put in before they could take the old ones down. 2. Status of Check Valve Installation This item was skipped over unintentionally. 3. Status of RFQ Process to Choose Engineer for CIP Town Manager Dunham stated this was going to be published on September 19, 2021, and it was a two -to -three-month process. 4. Status of Water Meter Installation Town Manager Dunham stated there were six water meters left to be changed out and should be completed within the next week. 4 Minutes of Town Commission Regular Meeting & Public Hearing Held September 10, 2021 C 4:00 P.M. 5. Status of Leaf Blowers Town Manager Dunham stated he was going to be contacting Mr. Shubin as well as other municipalities to see what the circumstances were regarding changing gas to electric and what impact it may have had on their contractors. He added that he hoped to have more information for the Commission at the October meeting. 6. Motorcycle/Scooter Sales outside of Place au Soleil Town Manager Dunham stated a Motorcycle/Scooter Sales Company had applied to the City of Delray Beach for a Zoning Text Amendment on Federal Highway just north of Gunther Volvo. He added that the staff had contacted Mr. Chet Snavely, who in turn did a quick survey with some of the residents of Place au Soleil, who were not going to be in favor. Mr. Dunham stated that he and Assistant Town Attorney had a conference call set for Wednesday, September 15, 2021, with the Planner for the City of Delray Beach to discuss. Vice Mayor Stanley asked if there were any site plans to which Mr. Nazzaro stated he wasn't sure where they were in the process, but our staff would work with them to not pass the text amendment, but if they did, then we would ask for decibel or displacement limit on what type of motorcycles could be sold. Town Manager Dunham added that it would just be sales and no servicing or maintenance. Vice Mayor Stanley asked about a timeline to which Mr. Nazarro stated the applicant had stopped in this week, thus the reason for the quick addition to the agenda and the staff would keep the Commission updated. B. Architectural Review & Planning Board 1. Meeting Dates a. September 23, 2021, at 8:30 A.M. b. October 28, 2021, at 8:30 A.M. C. November - TBD d. December - TBD Vice Mayor Stanley called attention to the dates. C. Finance Director 1. Financial Report for August 2021 Town Manager Dunham asked that the report be accepted as submitted and noted that the water bills from Delray Beach had decreased and he thought this was due to the newsletters that went out during the summer addressing the watering issues. D. Police Chief 1. Activity for August 2021 Chief Allen asked that the report be accepted as submitted. X. Items for Commission Action. Assistant Town Attorney Nazzaro explained that Ordinance No. 21/5 was being presented for consideration to address concerns over the design of single -story homes. He added that the Town Manager and Town 5 Minutes of Town Commission Regular Meeting & Public Hearing Held September 10, 2021 @ 4:00 P.M. Clerk had witnessed an unintended consequence of Ordinance 18/3, which removed all the discouraged criteria from the Town Code, being a reduction in design flexibility. Mr. Nazzaro stated that Ordinance 21/5 will restore the previously allowed heights for roof and roof features, entry features, and eaves of single -story homes and will have no impact on two-story homes. He then referred to drawings submitted by Mr. Cary Glickstein showing the differences. Mr. Glickstein stated that the drawings illustrated the benefits of increasing the entry feature, eave, and roof heights for one-story homes only, using common hip and gable roof types. The Commissioners were all in agreement of encouraging one- story homes and this would be a step in the right direction. A. Ordinances 1. Ordinance No. 21/5; AN ORDINANCE 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 V. AREAWIDE STANDARDS; DIVISION 1, GENERAL ARCHITECTURAL STANDARDS; SECTION 70- 100, ROOF AND EAVE HEIGHTS; TO ADJUST THE PREFERRED ENTRY FEATURE, EAVE, AND ROOF HEIGHTS FOR ONE STORY HOMES TO COMPORT WITH WHAT WAS PREVIOUSLY IN THE DISCOURAGED RANGE; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE OF SEPTEMBER 10, 2021 UPON FIRST READING. Commissioner Orthwein made a motion to approve the first reading of Ordinance No. 21/5. Commissioner White seconded the motion with all voting AYE at roll call. B. Items by Mayor & Commissioners There were none. XI. Adjournment. Vice Mayor Stanley adjourned the meeting at 5:42 P.M. Renee Base Deputy Clerk 0