HomeMy Public PortalAbout03 11 2022 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN
COMMISSION, OF THE TOWN OF GULF STREAM, ON MARCH 11, 2022, 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 9:00 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 Commissioner
Joan K. Orthwein Commissioner
Also Present &
Participating:
Absent w/Notice:
IV. Minutes
Gregory Dunham
Edward Nazzaro
Edward Allen
Rita Taylor
Donna White
Town Manager
Asst. Town Attorney
Chief of Police
Town Clerk
Commissioner
A. Regular Meeting of February 11, 2022
Vice Mayor Stanley made a motion to approve the minutes of
the regular meeting on February 11, 2022. Commissioner Orthwein
seconded the motion with all voting AYE at roll call.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
There were none.
VI. Announcements.
A. Meeting Dates
1. Regular Meetings and Public Hearings
a. April 8, 2022, at 9:00 A.M.
b. May 13, 2022, at 9:00 A.M.
C. June 10, 2022, at 9:00 A.M.
d. July 8, 2022, at 9:00 A.M.
e. August 12, 2022, at 9:00 A.M.
Mayor Morgan called attention to the upcoming dates.
VII. Communication from the Public (3 min. maximum)
Mr. Bob Ganger, Town resident, commented on the traffic issues on
the island, especially now that the George Bush Bridge is closed,
referring to the article in the Palm Beach Post. He stated that the FL
Minutes of Town Commission
Regular Meeting March 11, 2022 @ 9:00 A.M.
Coalition for Preservation was beginning its 15th year and were going to
begin keying in on issues relating to the Barrier Island.
VIII. PUBLIC HEARING.
A. Declaration of Ex-Parte Communication
Commissioner Lyons recused himself due to conflict of
interest since his daughter was the application being heard.
B. Administer Oaths
Town Clerk Taylor swore in Mr. Greg Jones, Mr. Dave Bodker,
Mr. Gary Jones, and Ms. Olivia Lyons.
C. Application for Development Approval
1. An application submitted by Gregory Jones as Agent for
David Endres & Olivia Lyons, the owners of property
located at 4225 N. County Rd., Gulf Stream, Florida, which
is legally described as southerly 57 ft of northerly
2031.94 ft. of west 110 ft. of Government Lot 2 (less west
10 ft. North County Road right of way)
a. Special Exception to allow a front setback of 25 feet
as provided in Section 70-75(i).
b. Special Exception to allow each side setback of the
principal building to be 10 ft. and the rear setback
to be 1718" as provided in Section 70-75(e).
C. Special Exception to allow a rear setback for minor
accessory structures (pool) to be 10' as provided in
Section 70-75(e).
d. Special Exception to allow up to 2,500 sq. ft. of
floor area on lots of less than 7,576 sq. ft. as
provided in Section 70-72(a).
e. Level 3 Architectural/Site Plan Review to permit the
construction of a single family, two story, 2,498 sq.
ft., Gulf Stream Bermuda dwelling with a swimming
pool.
Mr. Greg Jones, Architect, gave a detailed PowerPoint
presentation of the Gulf Stream Bermuda -style home, pointing out they
were following the guidelines of the Design Manual and it would not be
cookie -cutter to any of the surrounding homes. Mayor Morgan wanted to
know how it was different than the home a few doors away. Mr. Jones
stated that the home the Mayor was referring to had a carport structure
in the front, which added a distinctly different flavor, as well as a
different color scheme. He added that the similarity in the homes was
the wedding cake approach of the second floor. Mr. Jones stated they
were able to make use of the special exceptions available to a property
that is 100 feet deep or less, which allowed them to have better
building setbacks to give a 2,400 sq. ft. residence on the property and
able to have a pool. He added it also allowed them to have an amended
front setback, sides, and a rear that they didn't take advantage of on
the rear except for the proposed lap pool.
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Minutes of Town Commission
Regular Meeting March 11, 2022 @ 9:00 A.M.
Mr. Dave Bodker, Landscape Architect, gave a detailed
presentation of the landscaping pointing out there was already lush
vegetation on the surrounding properties and the landscaping for this
property would harmonize with the vegetation already present for
screening purposes. He noted there were two invasive Ficus trees on the
property that were being removed to the gratification of the neighbors
and would be replaced by Foxtail Palms.
Vice Mayor Stanley made a motion to approve a special exception to
allow a front setback of 25 feet as provided in Section 70-75 (i).
Commissioner Orthwein seconded the motion with all voting AYE at roll
call.
Vice Mayor Stanley made a motion to approve a special exception to
allow each side setback of the principal building to be 10 ft. and the
rear setback to be 17' 8" as provided in Section 70-75 (e). Commissioner
Orthwein seconded the motion with all voting AYE at roll call.
Vice Mayor Stanley made a motion to approve a Special Exception to
allow a rear setback for minor accessory structures (pool) to be 10 ft.
as provided in Section 70-75 (e). Commissioner Orthwein seconded the
motion with all voting AYE at roll call.
Vice Mayor Stanley made a motion to approve a Special Exception to
allow up to 2,500 sq. ft. of floor area on lots of less than 7,576 sq.
ft. as provided in Section 70-72 (a). Commissioner Orthwein 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 permit the construction of a single family,
two story, 2,498 sq. ft. Gulf Stream Bermuda dwelling with a swimming
pool with the following condition:
1. Any minor modifications to the approved landscaping shall be
submitted to the Town Manager for review and approval and any
major modifications shall be brought back to the ARPB for review
and approval, prior to commencement of landscaping.
Commissioner Orthwein seconded the motion with all voting AYE at roll
call.
D. Ordinances
1. No. 22/1; 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 V. SITE PLANS; DIVISION 2, ARCHITECTURAL/
SITE PLAN REVIEW -LEVELS 1,2 AND 3; SECTION 66-141
APPLICABILITY, TO REQUIRE APPLICATIONS WITHIN THE 50-FOOT
NORTH OCEAN BOULEVARD OVERLAY DISTRICT AND PROJECTS THAT
MAKE CERTAIN CHANGES WHICH ARE SIGNIFICANTLY DIFFERENT TO
RECEIVE LEVEL 2 ARCHITECTURAL/SITE PLAN REVIEW, PROVIDING
FOR REPEAL OF ORDINANACES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES. (2nd Reading & Adoption)
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Minutes of Town Commission
Regular Meeting March 11, 2022 @ 9:00 A.M.
Town Clerk Taylor read the ordinance. Commissioner
Orthwein made a motion to adopt Ordinance No. 22/1 upon second reading.
Vice Mayor Stanley seconded the motion with all voting AYE at roll call.
2. NO. 22/2; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE
TOWN CODE OF ORDINANACES AT CHAPTER 66, ZONING; ARTICLE V,
SITE PLANS; DIVISION 2 ARCHITECTURAL/SITE PLAN REVIEW -
LEVELS 1, 2 AND 3; SECTION 66-144 STANDARDS, TO INCLUDE
STANDARDS FOR LEVEL 2 AND 3 ARCHITECTURAL/SITE PLAN
REVIEW WHICH PROHIBIT EXCESSIVELY DISSIMILAR STRUCTURES.
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANACES IN CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (2nd
Reading & Adoption)
Town Clerk Taylor read the ordinance. Commissioner
Orthwein made a motion to adopt Ordinance No. 22/2 upon second reading.
Vice Mayor Stanley seconded the motion with all voting AYE at roll call.
3. No. 22/3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUTY, FLORIDA AMENDING THE
TOWN CODE OF ORDINANCES AT CHAPTER 22, NUISANCES; ARTICLE
1. IN GENERAL; SECTION 22-1 LITTER, TO PROHIBIT THE
PLACEMENT OF BULK OR VEGETATIVE DEBRIS FOR COLLECTION
EXCEPT FOR 24 HOURS PRIOR TO PICKUP AND TO REQUIRE
VEGETATIVE DEBRIS INCIDENT TO LAWN MAINTENANCE BE REMOVED
THE SAME DAY IT IS CREATED OR ACCUMULATED; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES. (1ST READING)
Assistant Town Attorney Nazzaro stated that this
Ordinance amends the Code to codify the current informal policy that
landscape maintenance companies haul away the yard waste generated by
the work they do instead of leaving it in the street for eventual bulk
pickup. He added that it also prohibits residents from placing the same
piles or other bulk items on the street until the day before pickup. Mr.
Nazzaro stated this issue was discussed last month and is being brought
before the Commission for first reading. Town Clerk Taylor read the
ordinance. Commissioner Orthwein made a motion to approve the first
reading of Ordinance No. 22/3. Vice Mayor Stanley seconded the motion
with all voting AYE at roll call.
4. No. 22/4; 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, AND CHAPTER 70, GULF STREAM DESIGN MANUAL,
ARTICLE V, AREAWIDE STANDARDS; DIVISION 4. GENERAL
OUTDOOR LIGHTING STANDARDS, SECTION 70-169; TO UPDATE THE
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Minutes of Town Commission
Regular Meeting March 11, 2022 @ 9:00 A.M.
TOWN CODE TO REFER TO THE MEASUREMENT OF BRIGHTNESS USING
LUMENS INSTEAD OF THE OUTDATED STANDARD OF WATTS;
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; POVIDING
FOR CODIFICATFION; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES. (1ST READING)
Assistant Town Attorney Nazzaro stated this Ordinance
amends the Code to regulate lighting by lumens instead of watts. The
Code, as currently written, did not contemplate the advances of LED
lights, which are capable of producing significantly more light than a
conventional incandescent bulb while using the same amount of energy, he
added. Mr. Nazzaro stated this is an update to the Code that Staff have
discussed periodically over the years and is being brought before the
Commission for first reading.
There was discussion among the Commissioners regarding having
lighting experts come in for recommendations on lighting and keep it as
a "zoning in progress".
Town Clerk Taylor read the ordinance. Commissioner Orthwein made
a motion to approve the first reading of Ordinance No. 22/4. Vice Mayor
Stanley seconded the motion with all voting AYE at roll call.
E. Resolution
1. No. 22-1; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, RECOGNIZING
THE 50TH ANNIVERSARY OF THE FLORIDA ASSOCIATION OF CITY
CLERKS (FACC) AND HONORING THIS ACHIEVEMENT.
Town Clerk Taylor read the resolution. Commissioner
Orthwein made a motion to approve Resolution 22-1. Vice Mayor Stanley
seconded the motion with all voting AYE at roll call.
IX. Reports.
A. Town Manager
1. Undergrounding Project
Town Manager Dunham stated that the contractor had
started on Golfview to remove the poles and FP&L equipment.
B. Architectural Review & Planning Board
1. Meeting Dates
a. March 24, 2022, at 8:30 A.M.
b. April 8, 2022, at 8:300 A.M.
C. May 26, 2022, at 8:30 A.M.
d. June 23,2022, at 8:30 A.M.
e. July 28, 2022, at 8:30 A.M.
Mayor Morgan called attention to the upcoming ARPB
dates.
C. Finance Director
1. Financial Report for February 2022
Town Manager Dunham stated the report showed 410 of the
budget.
D. Police Chief
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Minutes of Town Commission
Regular Meeting March 11, 2022 @ 9:00 A.M.
submitted.
1. Activity for February 2022
Chief Allen asked that the report be accepted as
Mayor Morgan accepted all reports as submitted.
X. Items for Commission Action.
A. Amendment No. 1 to Police Communications Agreement
Assistant Town Attorney Nazzaro stated that in a recent FDLE
(Florida Department of Law Enforcement) audit of the City of Delray
Beach, the City was told they were required to put language into their
dispatch contracts to include certain references to policies to secure
sensitive Criminal Justice Information. I spoke to Captain Haseley about
the language in the agreement, and he said the Town is already operating
consistent with these policies.
Vice Mayor Stanley made a motion to approve Amendment No. 1
to the Police Communications Agreement. Commissioner Orthwein seconded
the motion with all voting AYE at roll call.
B. Items by Mayor & Commissioners
There were none.
XI. Adjournment.
Mayor Morgan adjourned the meeting at 9:58 A.M.
c
Renee Basel
Deputy Town Clerk
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