Loading...
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. 2 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 3 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 4 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. 5 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 7 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. 9 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. 0 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 10