Loading...
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. 2 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 3 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. 4 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 5 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 A