HomeMy Public PortalAbout04 08 2022 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN
COMMISSION, OF THE TOWN OF GULF STREAM, ON APRIL 8, 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:
Gregory Dunham
Edward Nazzaro
Edward Allen
Rita Taylor
Absent w/Notice: Donna White
IV. Minutes
Town Manager
Asst. Town Attorney
Chief of Police
Town Clerk
Commissioner
A. Regular Meeting of March 11, 2022
Vice Mayor Stanley made a motion to approve the minutes of
the regular meeting on March 11, 2022. Commissioner Orthwein seconded
the motion with all voting AYE at roll call.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Town Manager Dunham explained that Item X. D. would be moving to
become Item VI. C.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. May 13, 2022, at 9:00 A.M.
2. June 10, 2022, at 9:00 A.M.
3. July 8, 2022, at 9:00 A.M.
4. August 12, 2022, at 9:00 A.M.
5. September 9, 2022, at 9:00 A.M.
Mayor Morgan called attention to the upcoming meeting
dates.
B. Legislative Update -Senator Lori Berman, District 31
Senator Lori Berman gave a Legislative Update stating that they
had passed a balanced budget of 112 billion dollars with a lot of money
coming to Palm Beach County for many projects including first responders
and teachers receiving raises. She said that every ten years they must
Minutes of Town Commission
Regular Meeting April 8, 2022 @ 9:00 A.M.
do re -districting, which they did, but the Governor vetoed, so they are
going to be having a special session on April 19, 2022, to work on the
Congressional Maps. Senator Berman spoke about pre-emptions with one
passing that allows smoking and vaping to be regulated in parks and
beaches, with the exception of cigars, which cannot be regulated. She
ended with what she called the silliest bill that was passed stating
that Strawberry Shortcake is now the official dessert of the State of
Florida with Key Lime Pie still being the official pie.
Mayor Morgan thanked Senator Berman for coming and added that
she was a strong defender of Home Rule, which is what affected the Town
of Gulf Stream the most.
C. RESOLUTION NO. 22-02; A RESOLUTION OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
AUTHORIZING THE MAYOR OF GULF STREAM TO SIGN SETTLEMENT
AGREEMENTS IN CASE NUMBERS 2015-CA-001498; 2019-CA-008709; AND
2020-CA-002159; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER
PURPOSES.
Attorney Hudson Gill, who represents the Town of Gulf Stream,
explained the resolution, adding that it would save the Town money.
Mayor Morgan asked Assistant Town Attorney Nazzaro if he agreed with Mr.
Gill, to which Mr. Nazzaro answered in the affirmative. Town Clerk
Taylor then read Resolution 22-02 and Vice Mayor Stanley made a motion
to adopt the Resolution. Commissioner Orthwein seconded the motion with
all voting AYE at roll call.
VII. Communication from the Public (3 min. maximum)
There was none.
VIII. PUBLIC HEARING
A. Declaration of Ex-Parte Communication
Mayor Morgan stated that he had spoken to Mr. Tom Murphy
about some of the issues, but nothing in great detail.
B. Administer Oaths
Town Clerk Taylor swore in Mr. Tom Murphy, Mr. Mark Marsh,
Mr. Hung Huynh, and Mr. Dan Carter.
C. Applications for Development Approval
1. An application submitted by T. N. Murphy, Esq.,
Agent for Hunter J. Smith, Trustee of the Fourth Amended
and Restated Hunter J. Smith Living Trust U/A/P 12/29/16,
the owners of property located at 1919 N. Ocean Blvd.,
Gulf Stream, Florida, which is legally described as Lot 1,
William H. Evans Subdivision, Town of Gulf Stream, as
Recorded in Plat Book 53, Page 48, Public Records in and
for Palm Beach County, Florida.
a. VARIANCE to permit installation below the 1978 Coastal
Construction Control Line, of approximately 250 ft. of 5
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Minutes of Town Commission
Regular Meeting April 8, 2022 @ 9:00 A.M.
ft. high, black aluminum picket perimeter fencing, for the
existing two story, single-family residence.
Mr. Tom Murphy gave a legal description of why they felt
they met the criteria for the variance. He explained the major reason
for the fencing was for security and the property was wide open to the
golf club as well as the beach area. Mr. Mark Marsh, Architect,
explained the location and what they were looking to do with fencing the
area and gave a detailed PowerPoint presentation. Mayor Morgan stated
that it looked like there was extensive sea grape that would be
difficult to navigate, to which Mr. Murphy answered there was a pathway
to the beach. Commissioner Orthwein wondered if this was now going to
be an ongoing request from other beach owners regarding security, to
which Mr. Murphy answered this property was the only one that was
affected so extensively with the need for security. Commissioner Lyons
stated that during the summer months there was a lot of people who
parked and walked across the eighteenth hole to get to the beach. Mayor
Morgan stated that was the most convincing argument regarding the need
for the variance with the golf course being so close in proximity to the
property and trespassing being an issue. Chief Allen stated people
could legally stop on the right-of-way on AlA, but they do frequently
give out trespassing warnings. Vice Mayor Stanley asked about sea grape
maintenance to which Mr. Marsh answered that the DEP required it be kept
between 32-36". Commissioner Lyons asked if there had been any comments
from the Orthwein's, who were next door. Mr. Marsh stated they had two
requirements which were that the new chain link be kept on the Harris
property and the affected sea grape be supplemented and re -planted and
screen the fence from their view to which they have agreed.
Vice Mayor Stanley made a motion to approve a variance from the
provisions in Section 70-74 and 70-187(7) to allow the installation of
approximately 250 ft. of five ft. high, black aluminum picket perimeter
fencing on top of the existing seawall, which is east of the Coastal
Construction Control Line. Commissioner Orthwein seconded the motion
with all voting AYE at roll call.
2. An application submitted by M. Mark Marsh of Bridges,
Marsh, and Associates as Agent for 14 Driftwood Landing
Revocable Trust, the owners of property located at 14
Driftwood Landing, Gulf Stream, Florida which is legally
Described as Lot 2, Driftwood Landing as recorded in
Plat Book 30, Pages 211 & 232 of the Public Records of
Palm Beach County Florida.
a. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit the
construction of a single family, partial two story,
6,074 sq. ft. Cape Dutch dwelling with attached two -
car garage, and a swimming pool.
Mr. Mark Marsh, Architect, gave a detailed PowerPoint
presentation on this unique vacant lot. He stated the house being built
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Minutes of Town Commission
Regular Meeting April 8, 2022 @ 9:00 A.M.
was predominantly a single -story with a two-story area on the extreme
north. Mr. Marsh noted that the owners didn't want to disturb the
natural beauty of the area, but it was having to be raised approximately
four ft. per FEMA requirements. He stated this was a Cape Dutch -style
home and wanted to keep it as authentic as possible, dove -white in color
with a clay tile roof in a gray color, which he noted was different from
the burnt orange they had shown at the ARPB. The Commission agreed with
the change and liked it better than the orange. Mr. Marsh stated that
the ARPB had requested an architectural element be added to the garage
wall, which they had done. Mr. Cory Meyer, Landscape Architect, gave a
detailed presentation of the landscaping on the property that would be a
lush, tropical mixture of vegetation. Mr. Meyer stated that comments
from the neighbors were given at the ARPB meeting, so they have added
more vegetation for screening on the south side of the property to solve
that issue.
Vice Mayor Stanley made a motion to approve a Level III
Architectural/Site Plan to permit the construction of a single -story and
partial two-story, 6,074 sq. ft. Cape Dutch single-family dwelling with
garage and 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.
3. An application submitted by Agent Patrick Ryan O'Connell
for Stephen & Jennifer Streit, the owners of the property
located at 590 Wright Way, legally described as Sections 3
& 7, Township 46 South, Range 43 east, Palm Beach County,
Florida, recorded in ORB 27602, Pg. 1775.
a. SPECIAL EXCEPTION to allow the addition of 20 sq.
ft. of covered entry.
b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW covering the
covered front entry, remodeling the existing swimming
pool, upgrading the hardscape, and adding new
landscaping.
Mr. Steve Streit introduced himself as owner of the property at
590 Wright Way and stated they loved living in Gulf Stream and were
wanting to make enhancements to an already beautiful house. Mr. Hung
Huynh, Architect, was presenting in the place of Mr. O'Connell who
presented at the ARPB meeting. Mr. Huynh gave a detailed PowerPoint
presentation and stated they would be replacing all the windows and
doors, removing the tiny coins and making some cosmetic improvements, as
well as some landscape renovations and renovations to the existing pool.
Mr. Huynh stated they would be replacing the aluminum gutters and
downspouts with copper and replacing the roof with white flat tile. The
20 sq. ft. of covered entry was to get rid of the flat face on the front
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Regular Meeting April 8, 2022 @ 9:00 A.M.
two-story wall, he added. Mayor Morgan interjected and stated that was
really the issue before the Commission and the special exception made
perfect sense in this situation.
Vice Mayor Stanley made a motion to approve a Special Exception
to allow the addition of 20 sq. ft. of covered entry that exceeds the
maximum permitted FAR. 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 renovation of the exterior of an
existing two-story house including replacing doors, windows, roof, a new
covered entry feature, other cosmetic improvements, landscape
renovations and renovations to the existing 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.
4. An application submitted by Agent Dan Carter for Ryan
Howard and Bridget Nolan, owners of the property located
at 578 Palm way, Gulf Stream, Florida, legally described
as Plat Book 24, Page 73, Polo Cove.
a. SPECIAL EXCEPTION to construct a 564 sq. ft. Pergola
Open Air with 10 ft. rear setback.
b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to replace 2
awnings with 1 Pergola & 1 cantilevered awning over
pool terrace and re -landscaping.
Mr. Dan Carter, Landscape Architect, explained the
owners were wanting to replace two vinyl awnings in the back yard with
open-air pergola structures to add light and get rid of the dampness the
awnings cause. He stated the pergola worked electronically and
manually. Mr. Carter stated they were also adding a coral deck area but
were within the square footage allowed. Vice Mayor Stanley asked what
the material was made of for the pergola, which Mr. Carter answered it
was powder -coated aluminum.
Vice Mayor Stanley made a motion to approve a Special Exception
to permit the rear setback 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 Level III
Architectural/Site plan to permit the renovation of the pool terrace and
upgrade existing landscaping and materials 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
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Regular Meeting April 8, 2022 @ 9:00 A.M.
prior to commencement of landscaping. Commissioner Orthwein seconded
the motion with all voting AYE at roll call.
D. Ordinances
1. No. 22/3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH GOUTY, 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. (2nd READING & ADOPTION)
Town Clerk Taylor read Ordinance 22/3 and Commissioner
Orthwein made a motion to adopt it upon second reading. Vice Mayor
Stanley seconded the motion with all voting AYE at roll call.
2. 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
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. (2nd READING & ADOPTION)
Town Clerk Taylor read Ordinance 22/4 and Commissioner
Orthwein made a motion to adopt it upon second reading. Vice Mayor
Stanley seconded the motion with all voting AYE at roll call.
IX. Reports.
A. Town Manager
1. Utility Undergrounding
Town Manager Dunham stated Comcast and FP&L were working
to get everything completed and he was hoping they would be finished
very soon.
2. Update on RO Water Plant for Gulf Stream Golf Club
Town Manager Dunham stated that the RO Plant and tank need
to be relocated. He added that they had spoken with Town Attorney
Randolph, who stated that the applicant needed to re -apply due to the
special exception.
3. Update on Auto Dealerships on Federal Highway
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Minutes of Town Commission
Regular Meeting April 8, 2022 @ 9:00 A.M.
Assistant Town Attorney Nazzaro stated that the Town had
received a notice a week before the hearing regarding Gunther Volvo that
abuts Place au Soleil regarding a new showroom. After speaking with the
City of Delray and agents it was noted that the changes and renovations
happening were going to be on the Federal Highway side of the property
and would not affect Place au Soleil. Regarding the vacant lots north
of Gunther Volvo, Mr. Nazzaro stated that on March 30, 2022, Town staff,
the Mayor, and Mr. Chet Snavely had met with the attorneys for the
owners of the vacant parcels regarding what will be a forthcoming
request to rezone those parcels from commercial to automotive
commercial. He added that Mr. Snavely had wanted to discuss adding
conditions and concessions that the Town would like prior to the
rezoning.
B. Architectural Review & Planning Board
1. Meeting Dates
a. April 28, 2022, at 8:30 A.M.
b. May 26, 2022, at 8:30 A.M.
c. June 23,2022, at 8:30 A.M.
d. July 28, 2022, at 8:30 A.M.
Mayor Morgan called attention to the upcoming dates of
the ARPB meetings.
C. Finance Director
1. Financial Report for March 2022
Town Manager Dunham stated the report was 500 of the
budget and they were already beginning work on the budget for the next
fiscal year.
D. Police Chief
1. Activity for March 2022
Chief Allen asked that the report be accepted as submitted
and wanted to add that two more cars had been stolen, one in the Core
District and one in Place au Soleil. The keys were in them, he said,
but added that the thieves were very bold and working the entire State.
Chief Allen noted that the Police Department was now up to twelve men,
with a former officer, Officer Raymond Batista, coming back after
deciding he wasn't ready for retirement after all.
Mayor Morgan accepted both reports as submitted.
X. Items for Commission Action.
A. Resignation of Commissioner Donna White
Mayor Morgan stated that long-standing Commission -member,
Donna White was moving out of town, so she had resigned from the
Commission and they needed to replace her seat. He added that in this
instance, the Town typically reaches out to the Chairman and Vice
Chairman of the ARPB, which they had done. Due to work conflicts, Vice
Chairman, Malcolm Murphy, asked that he not be considered. Mayor Morgan
praised Thom Smith's abilities as ARPB Chairman and recommended he be
considered to replace Donna White. Commissioner Orthwein agreed that
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Regular Meeting April 8, 2022 @ 9:00 A.M.
Mr. Smith was an excellent choice. Commissioner Lyons agreed and added
that he had great judgment and local knowledge.
B. Appointment of a Commission Member
Commissioner Orthwein made a motion to appoint Thomas Smith
as a new Commissioner. Vice Mayor Stanley seconded the motion with all
voting AYE at roll call.
C. Designation of a Voting Delegate & Alternates to the Palm
Beach County League of Cities, Inc.
Commissioner Orthwein made a motion to approve the Designation of
Voting Delegates and Alternates to the PBC League of Cities, Inc. Vice
Mayor Stanley seconded the motion with all voting AYE at roll call.
D. Items by Mayor & Commissioners
Assistant Town Attorney noted that there was now a vacant
seat on the ARPB that needed to be filled. With two alternates, Mr.
Nazzaro stated that staff had contacted Robert Canfield asking if he
would be interested in filling that seat as a regular member, to which
he had agreed. Commissioner Orthwein noted that he was a resident of
Place au Soleil and Mayor Morgan added that he had heard good things
about Mr. Canfield, so he didn't see the need to wait 60 days.
Commissioner Orthwein made a motion to appoint Robert Canfield
from alternate to a regular member of the ARPB. Vice Mayor Stanley
seconded the motion with all voting AYE at roll call.
Mayor Morgan stated that there had been a concern raised from
Place au Soleil that with the new development of Bluewater Cove, there
was going to be an increase in traffic. He asked the staff to look into
the possibility of adding a right turn lane going north out of Place au
Soleil.
XI. Adjournment.
Mayor Morgan adjourned the meeting at 10:27 A.M.
Deputy Town Clerk
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