HomeMy Public PortalAbout06 10 2022 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN
COMMISSION, OF THE TOWN OF GULF STREAM, ON JUNE 10, 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
Thomas A. Smith Commissioner
Also Present &
Participating:
IV. Minutes
Gregory Dunham
Edward Nazzaro
Edward Allen
Rita Taylor
Town Manager
Asst. Town Attorney
Chief of Police
Town Clerk
A. Regular Meeting of May 13,2022
Vice Mayor Stanley made a motion to approve the minutes of
the regular meeting on May 13, 2022. Commissioner Smith seconded the
motion with all voting AYE at roll call.
V. Additions, withdrawals, deferrals, arrangement of agenda items
There were none.
VI. Announcements.
A. Regular Meetings and. Public Hearings
1. July 8, 2022, at 9:00 A.M.
2. August 12, 2022, at 9:00 A.M.
3. September 9, 2022, at 4:00 P.M.
4. October 14, 2022, at 9:00 A.M.
5. November 11, 2022, at 9:00 A.M.
6. December 9, 2022, at 9:00 A.M.
B. Tentative Budget Hearing
1. September 9, 2022, at 5:01 P.M.
C. Final Budget Hearing
1.September 21, 2022, at 5:01 P.M.
Mayor Morgan called attention to the meeting dates and
stated that he would not be present for the Final Budget Hearing on
September 21, 2022.
VII. Communication from the Public (3 min. maximum)
There was none.
VIII. PUBLIC HEARING
Minutes of Town Commission
Regular Meeting June 10, 2022 @ 9:00 A.M.
A. Declaration of Ex-Parte Communication
There was none.
B. Administer Oaths
Town Clerk Taylor swore in Tyler Frost.
C. Applications for Development Approval
1. An application submitted by Mark Marsh of Bridges and
Marsh as Agent for Mr. & Mrs. Joseph A. Walsh,
the owners of property located at 1315 N. Ocean Blvd.,
Gulf Stream, Florida, which is legally described as the
South � of Lot 5 and the North % of Lot 6, Block D,
Revised Plat of Block D and Block E, Palam Beach Shore
Acres.
a. Special Exception to permit the construction of
retaining walls and steps that will be constructed
east of the 1978 Coastal Construction Setback Line.
b. Level 3 Architectural/Site Plan Review to allow the
demolition of the existing swimming pool and
construction of a new pool and spa in approximately
the same location, with retaining walls and steps at
the east end of the pool that will be constructed east
of the 1978 Coastal Construction Setback Line.
Mr. Tyler Frost gave a detailed PowerPoint
presentation explaining they would be demolishing the existing hardscape
including the pool to be replaced by a new pool with no additional
hardscape but would like to put up retaining walls and steps that go
beyond the Coastal Construction Line to break up the harsh slope. He
added that no trees would be removed but they would be adding
landscaping. Mr. Frost stated they would also be adding Sea Grapes to
screen the retaining walls.
Vice Mayor Stanley was concerned that this may open a can of
worms for other properties on the beach wanting to do the same thing,
but Town Manager Dunham assured him that there were no other requests at
this time, and he didn't foresee this being a problem.
Vice Mayor Stanley made a motion to approve a demolition permit
to remove existing pool. Commissioner Orthwein seconded the motion with
all voting AYE at roll call.
Vice Mayor Stanley made a motion to approve a special exception
to permit the construction of retaining walls and steps that will be
constructed east of the 1978 Coastal Construction Control Setback Line.
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 allow the demolition of the existing swimming
pool and construction of a new pool and spa in approximately the same
location, with retaining walls and steps at the east end of the pool
that will be constructed east of the 1978 Coastal Construction Control
Setback Line.
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Minutes of Town Commission
Regular Meeting June 10, 2022 @ 9:00 A.M.
IX. Reports.
A. Town Manager
1. Utility Undergrounding
Town Manager Dunham stated that the DOT finally had their
pre -construction meeting and poles would begin coming down on AlA
beginning June 15, 2022, and this would then complete the project.
2. Feral Cats -Place Au Soleil
Town Manager Dunham stated they had potential hosts for
trapping and staff had contacted the contractor regarding pricing and
were waiting to hear back.
3. Delray Building Department Contract
Assistant Town Attorney Nazzaro gave an update on where
the Town stands with the City of Delray Beach regarding the Interlocal
Agreement for processing permits. The City Attorney for Delray noted
that the agreement did not cover engineering, landscaping, or floodplain
review. Mr. Nazzaro explained that this had stalled Cary Glickstein's
project as well as others in Town now that Delray had done a complete
stop when they became aware of staff lacking the authority to do the
reviews. It had come to light that Delray was doing these reviews with
only an internal memo and not Commission approval since 2011. Mr.
Nazzaro explained that the Town was using Baxter and Woodman to do the
engineering reviews for the time being and Dave Bodker to do landscaping
reviews. Mr. Nazzaro stated that the City of Delray Beach was also
going digital and had stated they would be adding travel time for
inspections, as well as staff time for any aide with the digital system.
He added that staff had met with staff in Delray Beach and had concluded
that the agreement would need to be amended to go forward and that
agreement would then have to go before our Commission and then Delray's
Commission, to which staff at Delray could not guarantee it would be
approved. Mr. Nazzaro added that the Town went out to bid for third
party plan reviewers and had received three responses. Mr. Nazzaro
stated the Town was also having discussions with the Town of Highland
Beach to possibly go into an interlocal agreement with their building
department. Mayor Morgan asked about the cost that would be involved
with Highland Beach to which Assistant Town Attorney Nazzaro answered
the conversations were still in the preliminary stages, but it was
indicated that the fees charged to Highland Beach residents would be the
fees charged to Gulf Stream residents. Town Manager Dunham noted that
staff would be meeting with Highland Beach again once their Building
Manager was able to meet and get into the nuts and bolts of what an
agreement with them would look like. Mayor Morgan noted there was a
sense of urgency to which Town Manager Dunham agreed. Mayor Morgan
asked for a recommendation at the next meeting. Commissioner Lyons
asked if a special meeting would be needed if it could happen sooner to
which Assistant Town Attorney Nazzaro stated a special meeting may be
needed and they would keep the Commission abreast of the situation. The
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Minutes of Town Commission
Regular Meeting June 10, 2022 @ 9:00 A.M.
Commission agreed to give Town Manager Dunham the authorization to let
the Town of Highland Beach Commission know that Gulf Stream was
interested in pursuing an interlocal agreement.
4. CIP Core Area Improvements -Phase 1 & 2
Town Manager Dunham stated that Phase One would consist of
Polo Drive, Wright Way, Old School Road, Banyan Road west of Gulfstream
Road, Palm Way, Middle Road west of Polo Drive, and Golfview Drive west
of Polo Drive. He added that Phase Two would be Gulfstream Road,
Bermuda Lane, Oleander, Sea Road west of Bermuda Lane, Banyan Road east
of Gulfstream Road, Lakeview Drive, Middle Road and Golfview Drive east
of Polo Drive and the alley between Polo Drive and Gulfstream Road. Mr.
Dunham stated they had a kick-off meeting with Baxter & Woodman on May
12, 2022, to solidify the scheduling. At that meeting, the Town
requested fire hydrants at the ends of each water main for flushing
purposes and to add intermediate valves on long runs of water main
between intersections. Town Manager Dunham brought up discussions with
the Little Club stating that the Little Club is now wanting to use their
own engineer and golf course architect to review using their lake for
retention of water. He added that the Little Club was saying this
review would not happen for two to three months because of scheduling
issues, which throws off the Town's CIP schedule. Mayor Morgan stated
the Little Club was in agreement and stood before the Commission in June
of 2021 agreeing to allow the lake to be used. Town Manager Dunham
stated that Baxter & Woodman were scheduled to be at the July Commission
meeting with a draft design. Commissioner Lyons wanted to know what
rights the Town had in using the Little Club to retain the water to
which Assistant Town Attorney Nazzaro stated staff was looking into it.
S. Update -Rezoning Request for Auto Dealership west of Place
au Soleil
Assistant Town Attorney Nazzaro gave an update on the
request to change the zoning from general commercial to automotive
commercial. He added that staff had been having discussions with Delray
regarding reasonable accommodations and were planning on writing up a
draft before the rezoning meeting on June 20, 2022. Mr. Nazzaro stated
he had received nothing. He added that he was getting a planning review
done to present to Delray. Mayor Morgan stated it needed to be
submitted immediately, as well as have a presence at the rezoning
meeting on June 20, 2022, in Delray.
6. Little Club Road
Town Manager Dunham stated staff had spoken with Baxter &
Woodman, but with the added engineering reviews to their plate as well
as reviewing the CIP, they had not had a chance to look at this project.
Commissioner Lyons stated that the owners of Little Club Road needed to
make a better effort at tending to the landscaping before the Town spent
a lot of money on fixing the road. Commissioner Smith asked if all the
property owners of Little Club Road were tentatively ready to deed their
property to the Town to which Mayor Morgan answered in the affirmative.
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Minutes of Town Commission
Regular Meeting June 10, 2022 @ 9:00 A.M.
The Commission agreed that the vegetation should not be the
responsibility of the Town, but of St. Andrews, Hillside House, and The
Little Club.
B. Architectural Review & Planning Board
1. Meeting Dates
a. June 23,2022, at 8:30 A.M.
b. July 28, 2022, at 8:30 A.M.
C. September 22, 2022, at 8:30 A.M.
d. October 27, 2022, at 8:30 A.M.
e. November 17, 2022, at 8:30 A.M.
f. December 22, 2022, at 8:30 A.M.
Mayor Morgan called attention to the meeting dates.
C. Finance Director
1. Financial Report for May 2022
2. Water Usage Report for May 2022
Town Manager Dunham noted there was nothing remarkable
about either report except for fuel costs exceeding the budgeted
allowance, but at the same tax fuel tax revenues were also exceeding
budgeted amounts. Mayor Morgan accepted both reports as submitted.
D. Police Chief
1. Activity for May 2022
Chief Allen asked that the report be accepted as
submitted. He stated that a neighbor had caught someone trying to steal
a Porsche and the thief had taken off running when confronted. Chief
Allen added that in light of the recent shooting in Texas, they had
beefed up patrol at Gulf Stream School as well as updating some of the
gear in the Police Department. He also mentioned that the department had
been quite busy with getting construction trucks in and out of certain
areas in town. Mayor Morgan accepted the report as submitted.
X. Items for Commission Action.
A. Ordinance No. 22/5
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
IV, SITE DEVELOPMENT REGULATIONS; REMOVING THE REDUNDANT
SECTION 70-81 - SUMMARY OF SITE DEVELOPMENT REGULATIONS, IN
ITS ENTIRETY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE. (Second reading & adoption on
June 10, 2022)
Town Clerk Taylor read the Ordinance. Vice Mayor Stanley
made a motion to adopt Ordinance 22/5 on second reading. Commissioner
Orthwein seconded the motion with all voting AYE at roll call.
B. Appointment of 1 Alternate Member, 3-year term, for ARPB.
Mayor Morgan stated that the Town had received a resume from
Michael Greene. He added that he had spoken with Mr. Greene, who seemed
very interested and qualified to serve on the ARPB. Mayor Morgan noted
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Minutes of Town Commission
Regular Meeting June 10, 2022 @ 9:00 A.M.
that he had stressed the need to be present at meetings, especially in
the summer months, and Mr. Greene had agreed.
Commissioner Orthwein made a motion to appoint Michael Greene as
an alternate member of the ARPB for a three-year term. Vice Mayor
Stanley seconded the motion with all voting AYE at roll call.
C. Items by Mayor & Commissioners
Commissioner Lyons wanted to revisit FAR in the Core District
and suggested staff investigate that over the next few months by
bringing Marty Minor into the discussions. Commissioner Orthwein
thought streetscape should be added to that as well. Mayor Morgan
agreed that bringing Urban Design to look into this was a good idea.
Commissioner Lyons brought up the issue of follow-up to
applications being submitted. He referred to a recent application where
seven Royal Palms were taken down and were not replaced sufficiently.
Mayor Morgan questioned this, and Assistant Town Attorney Nazzaro
explained that the ARPB approved the replacement of the trees as
reasonable replacements. Commissioner Lyons thought the Code should be
changed from reasonable replacement to exactly the same. Mayor Morgan
stated his understanding was that since the owner of the property took
the trees down without approval, they needed to replace them with the
exact same trees. Commissioner Lyons asked if there was anything that
could be done about that particular property to which Assistant Town
Attorney Nazzaro stated that since it went through the approval process,
there probably wasn't any recourse at this time. Commissioner Lyons
wanted to know if there was some type of protocol that could be put in
place, so this doesn't happen again. Mayor Morgan stated that the
direction from the Commission was that if a tree was taken down without
permission it must be replaced with the same tree. Commissioner Orthwein
brought up the fact that many residents don't know they need approval or
permits for things and thought it would be good to put a friendly
reminder in the next newsletter. Discussion was had to look at amending
the language in the Code and making sure it was maintained as much as
possible.
XI. Adjournment.
Mayor Morgan adjourned the meeting at 10:18 A.M.
Deputy Town Clerk
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