HomeMy Public PortalAbout05 13 2022 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN
COMMISSION, OF THE TOWN OF GULF STREAM, ON MAY 13, 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: Gregory Dunham Town Manager
Edward Nazzaro Asst. Town Attorney
Edward Allen Chief of Police
Rita Taylor Town Clerk
Renee Basel Deputy Town Clerk
IV. Minutes
A. Regular Meeting of April 8, 2022
Vice Mayor Stanley made a motion to approve the minutes of
the regular meeting on April 8, 2022. Commissioner Orthwein seconded
the motion with all voting AYE at roll call.
V. Additions, withdrawals, deferrals, arrangement of agenda items
Mayor Morgan noted that there would be an addition of Item VIII.
C. 1. e. Development Agreement, an addition of Item IX. A. 5. Town
Windows, and a withdrawal of Item VIII. C. 2.
VI. Announcements
A. Regular Meetings and Public Hearings
1. June 10, 2022, at 9:00 A.M.
2. July 8, 2022, at 9:00 A.M.
3. August 12, 2022, at 9:00 A.M.
4. September 9, 2022, at 4:00 P.M.
S. September 9, 2022, at 5:01 P.M.
6. October 14, 2022, at 9:00 A.M.
Mayor Morgan called attention to the upcoming meeting
dates.
VII. Communication from the Public (3 min. maximum)
A. Duck Crossing - Emma Imperatore & Valentina Autiero
Minutes of Town Commission
Regular Meeting May 13, 2022 @ 9:00 A.M.
Miss Emma and Miss Valentina explained that they had come
before the Commission in March of 2020 to present the idea of installing
duck crossing signs. At that meeting, Mayor Morgan told them to pursue
getting signatures from property owners that would be affected by the
installation of the signs. The girls stated they had communicated with
property owners and had received feedback with one being positive and
one negative. Mayor Morgan commended them for their due diligence and
he and the Commission were in agreement of installing a duck crossing
sign. Mayor Morgan stated that the next step would be to make an
appointment with the Town Manager to select a sign and then placement
would be determined by Town staff.
VIII. PUBLIC HEARING
A. Declaration of Ex-Parte Communication
There was none.
B. Administer Oaths
Deputy Town Clerk Basel swore in Ryan Swilley and Cary
Glickstein.
C. Applications for Development Approval
1. An application submitted by Ryan Swilley, as Agent for the
Gulf Stream Golf Club, the owner of property located at
346 Golfview Drive, Gulf Stream, Florida, legally
described as Government Lot 3 (less northerly 1415.27 ft.
Lying east of Ocean Blvd.) & 4-46-43, east 1/ of southeast
1/ lying east of Intracoastal Waterway, A/K/A the Gulf
Stream Golf Course.
a. Special Exception to permit a Reverse Osmosis Water
Plant in Outdoor Recreation District.
b. Demolition Permit to demolish an existing
maintenance/storage building to enable construction of
RO Water Plant and Water Storage Tank.
c. Land Clearing Permit to clear existing vegetation from
the building site.
d. Level 3 Architectural/Site Plan Review to permit a
small relocation of a previously approved Reverse
Osmosis Water Plant in the maintenance area of the
Gulf Stream Golf Club golf course to supply
irrigation for the golf course.
e. Developer's Agreement
Mr. Ryan Swilley stated he was back before the
Commission because there needed to be a site -plan change due to soil
conditions. He then gave a detailed Power Point presentation, which
included landscaping that would screen the tank and maintenance building
so there would be minimal impact visually for residents and golfers.
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Minutes of Town Commission
Regular Meeting May 13, 2022 @ 9:00 A.M.
Commissioner Lyons recused himself from the vote due to conflict
of interest.
Vice Mayor Stanley asked about the landscaping on the north side
to which Mr. Swilley answered that it would be staggered vegetation.
Vice Mayor Stanley made a motion to approve a Demolition Permit
to demolish an existing maintenance/storage building to enable the
construction of a new Reverse Osmosis Water Plant and Water Storage
Tank. 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 a Reverse Osmosis Water Plant and Water Storage Tank in the
Outdoor Recreational District. Commissioner Orthwein seconded the
motion with all voting AYE at roll call.
Vice Mayor Stanley made a motion to approve a Land Clearing
Permit to clear the location of the new facilities. 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 Review to permit the addition of a Reverse
Osmosis Water Plant and Water Storage Tank in the maintenance area of
the Gulf Stream Golf Club Golf Course to supply irrigation for the golf
course. Commissioner Orthwein seconded the motion with all voting AYE
at roll call.
Vice Mayor Stanley made a motion to approve the Developer's
Agreement as re -executed on May 10, 2022. Commissioner Orthwein
seconded the motion with all voting AYE at roll call.
Glickstein.
2. An application submitted by Bluewater Cove -Gulf Stream
LLC, owner of the property located at Bluewater Cove and
Avenue au Soleil in the Town of Gulf Stream, legally
described as 4-46-43, S 274 ft. of SE 1/ of NE 1/ lying W of
& adj. to FIND Cnl F/K/A S 274 ft. of MSA 640-A in DB 601
Pg 335 + F/K as 274 ft. of MSA 640-A DB636 P 497.
a. Variance to add a 5' wide x 20'long timber dock at the
east end of Bluewater Cove which will extend 5 ft.
over the FIND Canal.
b. Level 3 Architectural/Site Plan Review to permit the
construction of a Community Walkway and waterfront
Platform lying between and contiguous to Lots 7 and 8
which shall be maintained, repaired, replaced,
insured, administered, and regulated by the
association in all respects.
This application was withdrawn via e-mail by Cary
3. An application submitted by Bluewater Cove -Gulf Stream
LLC, owner of property located at 2923 Bluewater Cove,
Gulf Stream, Florida legally described as that portion
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Minutes of Town Commission
Regular Meeting May 13, 2022 @ 9:00 A.M.
of the southeast quarter (S.E. 1/) of the northeast
quarter (N.E. 1/) of Section 4, Township 46 South, Range 43
East, Palm Beach County, Florida. Beginning at the
southwest corner of the southeast quarter (S.E. 1/) of
the northeast quarter (N.E. 1/,) of said Section 4; thence
N.20 05'25" W., along the west line of the southeast
quarter (N.E. 1/) of said section 4, a distance of 274.07
feet to a point on a line 274.00 north of and parallel to
the south line of southeast quarter (S.E. 1/) of the
northeast quarter (NE. 1/) of said section 4: thence N.890
14158" E., along said parallel line a distance of 692.60
feet to a point on the west right of way of the
Intracoastal Waterway as shown on plat book 17, page 14-A,
Public Records of Palm Beach County, Florida: thence S.
11010'38" W., along said west right of way line, a
distance of 280.05 feet to a point on the south line of
the southeast quarter (S.E. 1/) of the northeast quarter
(N.E. 1/) of said section 4; thence S. 89014'58" W., along
said south line, a distance of 628.32 feet to the point of
beginning.
a. Variance to add a 5' wide x 91.5' long wooden dock
which will extend 5' over the FIND Canal on the east
side of this vacant property.
b. Level 3 Architectural/Site Plan Review to permit the
construction of a 5' wide x 51.5' wooden dock that
will extend 5' over the FIND Canal at 2923 Bluewater
Cove, which, at this time, is a vacant lot.
Mr. Cary Glickstein began by saying this was a
variance request relative to timing and they wanted to construct the
docks at the same time as the construction of the sea wall. He added
that they would like to do everything with a singular mobilization that
would not only save time and money, but it would be beneficial for noise
abatement as well. Mayor Morgan stated he didn't see a basis for
granting a variance, nor did he see any of the eight requirements being
met. He added there were reasons not to have docks on undeveloped land
with safety being one of them. Mayor Morgan stated he also didn't want
to set a precedent for anyone to make similar arguments under different
conditions. Vice Mayor Stanley stated this was a growing trend with
putting docks on undeveloped land which then brought the question of can
they use the dock before the house is built. He added this was a unique
situation. Commissioner Orthwein stated it could be a transient
situation and gave an illustration of a house on Polo where the house
was demolished and there is still a dock where people come and go with
boats, leave their golf carts on the lot, and even have picnics on the
lot. She added that even though they may have permission, there is
still a safety issue. Commissioner Lyons asked Mr. Glickstein what the
timing was, and Mr. Glickstein answered that the plan was to pursue the
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Minutes of Town Commission
Regular Meeting May 13, 2022 @ 9:00 A.M.
building permits as soon as they received the core permit. He stated
that the seawall needed to be done to complete the infrastructure for
the development. Assistant Town Attorney Nazzaro referred to the Burt
Harris Act and agreed that it could present a precedent for future
applicants if granted but to look at this variance solely on its own.
Mr. Glickstein stated that he could see where this was headed and
decided to withdraw the application as well as the application for 2924
Bluewater Cove.
4. An application submitted by Bluewater Cove -Gulf Stream
LLC, owner of property located at 2924 Bluewater Cove,
Gulf Stream, Florida legally described as that portion of
the southeast quarter (S.E. 1/) of the northeast quarter
(N.E. 1/) of Section 4, Township 46 South, Range 43 East,
Palm Beach County, Florida described as follows:
Beginning at the southwest corner of the southeast quarter
(S.E. 1/) of the northeast quarter (N.E. 14) of said
section 4; thence N.2005125"W., along the west line of the
southeast quarter (S.E. 1/) of the northeast quarter (N.E.
1/,)of said Section 4, a distance of 274.07 feet to a point
on a line 274.00 north of and parallel to the south line
of southeast quarter (S.E. 1/) of the northeast quarter
(N.E. 1/) of said Section 4; thence N.89014158"E., along
said parallel line a distance of 692.60 feet to a point on
the west right of way of the Intracoastal Waterway as show
on Plat Book 17, page 14-A, Public Records of Palm Beach
County, Florida, thence S. 11°10'38"W., along said west
right of way line, a distance of 280.5 feet to a point on
the south line of the southeast quarter (S.E. 14) of the
northeast quarter (N.E. 1/) of said Section 4, thence S.
8901415811 W., along said south line, a distance of 628.32
feet to the point of beginning.
a. Variance to add a 51x91.5' wooden dock on east side of
this vacant property
b. Level 3 Architectural/Site Plan Review to construct a
5'x 91.5' wooden deck that extends 5' over the Canal
on the east side of this vacant property.
This application was withdrawn by Cary Glickstein.
IX. Reports
A. Town Manager
1. Utility Undergrounding
Town Manager Dunham stated everything was completed in the
Core and the only poles left to be taken down were on AlA from Golfview
to Little Club Road. He stated that the DOT was requiring a
Construction Management Meeting before taking them down and they were in
the process of scheduling that meeting.
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Minutes of Town Commission
Regular Meeting May 13, 2022 @ 9:00 A.M.
2. Feral Cats - Place Au Soleil
Town Manager Dunham stated that he and Assistant Town
Attorney Nazzaro had attended the annual Board of Directors Meeting in
Place au Soleil and this subject came up. He added there was a resident
of Place au Soleil that was presently doing the Vaccinate and Return
process but had decided it was becoming too much for them. There was
discussion on feral cats in the Core as well, but it was decided they
were under control in the Core. Mr. Dunham added the staff was working
with the HOA President of Place au Soleil to find a solution and he was
just giving the Commission information.
3. Place Au Soleil - Right Turn Lane
Town Manager Dunham stated that staff, along with Joe
Pike, had explored placing a right turn lane at the entrance of Place au
Soleil at the request of Mayor Morgan during the last Commission
meeting. Mr. Dunham added that due to the backflow preventer, utility
meter and pole, as well as an underground bypass there was nowhere to
put a right turn lane. He added that a possibility for a right turn
lane would be moving the gatehouse south or removed altogether. Mayor
Morgan stated that the gatehouse did serve as a deterrent for random
visitors, and thought that the safety issue may override the need for a
right turn lane, but added they should reach out to the residents of
Place au Soleil to get their input on how they feel about the issue and
their preference.
4. Update - Rezoning Request for Auto Dealership West of
Place au Soleil
Assistant Town Attorney Nazzaro stated that there wasn't
much to report, but a lot of work had been done in talking with the
developer's agent in minimizing the impact on Town residents by
discussing conditions the Town would like and tried to get an agreement
in writing. Mr. Nazzaro explained that he received an e-mail stating
that a written agreement would be premature at this time, however the
agent agreed to provide a signed letter to the Town agreeing to the
conditions requested. Mr. Nazzaro stated that he responded to them via
e-mail stating that once the letter was received, the Town would agree
not to object to the re -zoning. He added that he was seeking
authorization from the Commission to agree to these terms once they were
received in writing and if an agreement between the parties didn't
happen, then he would like authorization to work with the Town's planner
and outside counsel to potentially challenge the re -zoning application
if it came to that. Mr. Nazzaro then read their reply which included
more delays as well as stating they had hired an architect/designer who
had begun analyzing Code requirements, so they didn't want to commit to
anything in writing until the architect finished his review and could
comply with the terms we were asking for. Mr. Nazzaro then countered
asking for a wall, like Gunther had provided, and movers on parking
Minutes of Town Commission
Regular Meeting May 13, 2022 @ 9:00 A.M.
garages, and added that the only thing their architect would need to
look at would be the site plan design to accommodate vehicle delivery
and the site plan to ensure trash pick-up would be at a certain
location. Mr. Nazzaro stated he was trying to get some kind of
agreement in writing before they tried to push the re -zoning application
through in the summer season when no one is here. Mayor Morgan stated
he didn't foresee any problem with them proceeding and applauded Mr.
Nazzaro for staying on top of it and trying to get an agreement in
writing. Mayor Morgan stated the Commission was in agreement to
authorize Town Staff to oppose the re -zoning application without the
terms they had discussed in writing. Commissioner Smith asked if
residents could represent themselves in opposition to which Town Manager
Dunham answered in the affirmative.
S. Town Windows
Town Manager Dunham stated that during a recent rain/wind
event, windows in the Town Hall lobby were noticeably leaking. He added
that after the Insurance Adjuster gave his analysis, it was determined
that 12 windows needed to be replaced. Mr. Dunham explained that the
Town went out to bid and the bids that came in ranged in price from
$10,000 to $26,000 with the same scope of work so he was comfortable in
going with the low bid, which was $10,082.00. He added that this was
just information for the Commission as the price fell under what he was
authorized to spend.
B. Architectural Review & Planning Board
1. Meeting Dates
a. May 26, 2022, at 8:30 A.M.
b. June 23,2022, at 8:30 A.M.
c. July 28, 2022, at 8:30 A.M.
d. September 22, at 8:30 A.M.
e. October 27, 2022, at 8:30 A.M.
Mayor Morgan called attention
dates.
to the upcoming meeting
C. Finance Director
1. Financial Report for April 2022
Town Manager Dunham stated this report was 560 of the
budget. CFO Tew stated that Delray was increasing their water rate so
at the September budget meeting, she would like to propose doing one
Ordinance instead of having to do it every year. The Commissioners all
agreed that was fine. Mayor Morgan asked where they had taken the old
meters to which Town Manager Dunham stated there was a company on State
Road 441 that buys metal. The Commissioners were very pleased with the
$10,741.25 sellable metal.
2. Water Usage Report for March 2022
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Minutes of Town Commission
Regular Meeting May 13, 2022 @ 9:00 A.M.
Town Manager Dunham stated there was nothing unusual in
this report.
D. Police Chief
1. Activity for April 2022
Chief Allen asked that the report be accepted as
submitted.
Mayor Morgan accepted all reports as submitted.
2. New State Bike Rules
Chief Allen stated that several laws had changed but only
one applied to the Town, which is that bikers are no longer allowed to
ride double except within a designated bike lane, which the Town does
not have, so bikers must ride single. Mayor Morgan asked how they
planned to enforce that to which Chief Allen answered that they were
hoping to educate them because stopping them was risky and a liability.
He added they would bump the horn a couple of times and use the
loudspeaker to make them aware that they must be in a single line.
Chief Allen stated that another law change was that motor vehicles could
now cross the yellow line to pass bicycles.
X. Items for Commission Action
A. Appointments of two ARPB members and one alternate ARPB member
Town Manager Dunham stated that three of the ARPB members
terms had expired and all had agreed to be reappointed.
Commissioner Orthwein made a motion to re -appoint Malcolm
Murphy and Curtiss Roach as ARPB members. Commissioner Lyons seconded
the motion with all voting AYE at roll call.
Commissioner Orthwein made a motion to re -appoint Amanda
Jones as an alternate ARPB member. Commissioner Lyons seconded the
motion with all voting AYE at roll call.
B. 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. (First Reading)
Town Clerk Taylor read the Ordinance and Vice Mayor Stanley
made a motion to adopt Ordinance No. 22/5 upon first reading.
Commissioner Orthwein seconded the motion with all voting AYE at roll
call.
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Minutes of Town Commission
Regular Meeting May 13, 2022 @ 9:00 A.M.
C. Items by Mayor & Commissioners
Commissioner Lyons stated he had attended a coalition meeting
and the subject of no wake zones came up and wondered how this problem
could be solved. Town Manager Dunham stated the Town had participated
in writing and by resolution. He couldn't remember if the Town had
received a response. Mr. Dunham asked Kristine De Haseth about Ocean
Ridge and it was her understanding that only when fatalities were
involved was when a no wake zone would be further investigated. Town
Manager Dunham asked if Delray Beach had no wake zones to which
Commissioner Smith stated they were working on it from George Bush down
to Atlantic. Ms. De Haseth suggested a multi -municipal task force to
get any traction and then take it to the State representative. Mayor
Morgan agreed that getting the municipalities together and then jointly
approaching the State Representative and Senator and from there
petitioning the appropriate authority regarding this was the way to
proceed.
Mayor Morgan stated that a few years ago Town Clerk Taylor did a
study on the private and public roads in Gulf Stream and found that
there were quite a few private roads. He added that one road had become
problematic, which was Little Club Road. Mayor Morgan stated that the
road was privately owned by St. Andrews Club, The Hillside House and The
Little Club which made it more difficult to maintain. He added that it
was the northern most entry point into Gulf Stream and thought it was an
embarrassment to the Town and most people thought it was a public road.
Mayor Morgan stated that he and Town staff had been working on making
that a public road and having Gulf Stream take over Little Club Road and
added that St. Andrews, Hillside, and The Little Club were all
tentatively in agreement with the concept of deeding their interest over
to the Town. He stated that since the undergrounding and water line was
complete, he thought the Town could move forward with a proposal to make
it public. Mayor Morgan stated that Assistant Town Attorney Nazzaro was
going to look into the legal aspects and that Town Manager Dunham had
already spoken to Baxter & Woodman to do some more engineering analysis
of that road. Commissioner Orthwein agreed that Little Club Road was in
disrepair and added that they had let the landscaping grow out into the
road and she considered it dangerous because driving down that road the
landscaping was hitting vehicles and that keeping it maintained should
be a condition when making the proposal. Town Manager Dunham stated
that the vegetation was on St. Andrews property and Mayor Morgan added
that St. Andrews was owned by two different entities. Town Manager
Dunham stated that would definitely be a condition and he added that The
Little Club had already hired an engineer to look into the drainage
issue at the bottom of the road. Commissioner Lyons asked if there were
any other roads in that same condition in Town to which Mayor Morgan
answered that he didn't think so and they definitely didn't have as much
traffic as Little Club Road.
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Minutes of Town Commission
Regular Meeting May 13, 2022 @ 9:00 A.M.
Town Manager Dunham stated that he liked to recognize the
accomplishments of Town employees and recognized Deputy Town Clerk Basel
who will become the Southeast Director of the Florida Association of
City Clerks and will be sworn into that position in June of this year
and then she will become President of the Palm Beach County Municipal
Clerks Association in October of this year for the 2022-23 season. In
addition, he added that CFO Tew is currently President of the Palm Beach
County Florida Government Finance Officers Association. The Commission
was congratulatory on their accomplishments.
XI. Adjournment
Mayor Morgan adjourned the meeting at 10:32 A.M.
Renee Ba
Deputy Town Clerk
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