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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 2 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 3 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 4 Minutes of Town Commission 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 5 Minutes of Town Commission 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 0 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 7 Minutes of Town Commission 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 1.1