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HomeMy Public PortalAbout09 09 2022 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION, OF THE TOWN OF GULF STREAM, ON SEPTEMBER 9, 2022, AT 4:00 P.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 4:00 P.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 Joan K. Orthwein Commissioner Thomas A. Smith Commissioner Also Present & Participating: Gregory Dunham Edward Nazzaro Edward Allen Rita Taylor Absent w/Notice: Paul A. Lyons IV. Minutes Town Manager Asst. Town Attorney Chief of Police Town Clerk Commissioner A. Regular Meeting of August 12, 2022 Commissioner Orthwein made a motion to approve the minutes of the regular meeting on August 12, 2022. Commissioner Smith seconded the motion with all voting AYE at roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items. Town Manager Dunham stated he would like to add a Special Meeting as number five under his report and add Amended ILA with Highland Beach under Items for Commission Action as C. and moving Items by Mayor and Commissioners to D. VI. Announcements. A. Regular Meetings and Public Hearings 1. September 9, 2022, at 5:01 P.M. (Tentative Budget) 2. September 21, 2022, at 5:01 P.M. (Final Budget) 3. October 14, 2022, at 9:00 A.M. 4. November 11, 2022, at 9:00 A.M. S. December 9, 2022, at 9:00 A.M. Mayor Morgan called attention to the upcoming dates. VII. Communication from the Public (3 min. maximum) There was none. VIII. PUBLIC HEARING A. Declaration of Ex-Parte Communication Minutes of Town Commission Regular Meeting September 9, 2022, @ 4:00 P.M. There was none. B. Administer Oaths Town Clerk Taylor swore in Richard Brummer. C. Applications for Development Approval 1. An application submitted by Richard Brummer, as Agent for Joseph and Laura Pehota, owners of the property located at 996 Pelican Lane, Gulf Stream, Florida, legally described as S/D OF 9-46-43 NLY 109 FT OF WLY 94.52 FT of E 227.50 FT OF LT 25. a. Demolition Permit to demolish existing structure. b. Land Clearing Permit to clear existing vegetation from the building site. c. Variance to reduce the minimum rear setback applicable to the Property from 30' to 21'. d. Variance to increase the minimum Floor Area Ratio applicable to the Property from 330-. to 35.25% (Section 70-71, Code of Ordinances, Floor Area Ratios) e. Variance to reduce the pool setback applicable to the Property from 20' to 2' (Section 70-74, Setbacks) f. Level 3 Architectural/Site Plan Review to permit the construction of a new two-story Anglo-Caribbean style single family dwelling with 2 car garage, four bedrooms, a bonus room, and a swimming pool. Assistant Town Attorney Nazzaro stated that staff had conversed with Mr. Pehota following the August meeting regarding how this application should proceed and that they had advised him that the annexation should be completed before moving forward. He added that after that conversation, the Town had not received any further communication until September 8, 2022, which the Town received an application for annexation from Cris Bennardo, the applicant's attorney. Mr. Nazzaro stated he then sent the application over to Marty Minor and was told that the application was complete, and the process could continue. Mr. Minor explained that he would have everything ready for first reading at the October 14, 2022, Commission Meeting. Mr. Nazzaro then explained that the Commission had requested new drawings with changes that the Commission had wanted to see on the application, which had not been received. Mr. Nazzaro recommended denying the application and starting fresh once the annexation was complete with a revised application addressing the design concerns. Mayor Morgan agreed with Mr. Nazzaro and suggested waiving the re -application fee. Mr. Richard Brummer, Architect, stated that they had redesigned the house and were not going to be requesting any variances once the annexation was complete. He requested that the application be deferred to the October meeting. Vice Mayor Stanley recommended it go back to 2 Minutes of Town Commission Regular Meeting September 9, 2022, @ 4:00 P.M. the ARPB and then come to the Commission in November after the second reading of the annexation. Commissioner Smith made a motion to deny the application in full and waive the re -application fee. Vice Mayor Stanley seconded the motion with all voting AYE at roll call. IX. Reports. A. Town Manager 1. Update -Rezoning Request for Auto Dealership West of Place au Soleil Town Manager Dunham gave kudos to Assistant Town Attorney Nazzaro on his presentation at the City of Delray Commission Meeting and added that many residents had also been in attendance giving input that was not repetitive and very well planned. Mr. Dunham stated that he felt Mr. Nazzaro's presentation had changed some minds of those sitting on the dais. Assistant Town Attorney reported that the majority of votes denied the rezoning and was a big win for our residents in Place au Soleil. 2. Building Department Services Activities Town Manager Dunham stated that CFO Tew and Town Receptionist Dena Williams had been training at Highland Beach learning their software. CFO Tew explained that things were going smoothly, and the contractors were uploading their documents digitally and there had been no complaints. 3. Discussion Regarding Seawall Height Town Manager Dunham stated that staff had begun researching raising the minimum height on seawalls. He gave two alternatives. One being raising the maximum height town -wide at a set height or providing an ordinance or amendment to set a height of a foot or foot and a half above what the finished floor elevation would be. He added staff had been in communication with other municipalities to see what they are considering. The Commission did not like the notion of attaching it to a floor elevation and thought the seawall height should be independent of the floor elevation. 4. Installation of Tree Farm Town Manager Dunham stated that the tree farm had been successfully irrigated and only cost $1,500 instead of $15,000. 5. Special Meeting on September 21, 2022, at 4:30 P.M. Town Manager called attention to the special meeting date and time. B. Architectural Review & Planning Board 1. Meeting Dates a. September 22, 2022, at 8:30 A.M. b. October 27, 2022, at 8:30 A.M. c. November 17, 2022, at 8:30 A.M. e. December 22, 2022, at 8:30 A.M. 3 Minutes of Town Commission Regular Meeting September 9, 2022, @ 4:00 P.M. Mayor Morgan called attention to the upcoming ARPB meeting dates. C. Finance Director 1. Financial Report for August 2022 Town Manager Dunham noted there was nothing outstanding. Mayor Morgan accepted the report as submitted. D. Police Chief 1. Activity for August 2022 Chief Allen asked that the report be accepted as submitted. He added that the police force had been through training and gave a show -and -tell of the new body shields. Mayor Morgan accepted the report as submitted. X. Items for Commission Action. A. Ordinances 1. ORDINANCE NO. 22/6; AN ORDINANACE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 42, BUILDINGS AND BUILDING REGULATIONS, ARTICLE II, CONSTRUCTION STANDARDS; SECTION 42-26 ADOPTION OF CODES BY REFERENCE; AND SECTION 42-27 ISSUANCE OF PERMITS, INSPECTIONS; 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 No. 22/6 with an effective date of September 9, 2022, for adoption. Vice Mayor Stanley made a motion to adopt Ordinance No. 22/6 upon second reading. Commissioner Orthwein seconded the motion with all voting AYE at roll call. 2. ORDINANCE NO. 22/7; 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 II, BOARDS AND COMMISSIONS; DIVISION 5, ARCHITECTURAL REVIEW AND PLANNING BOARD; SECTION 66-72, BOARD MEMBERSHIP, TO INCREASE THE NUMBER OF ALTERNATE MEMBERS ELIGIBLE TO BE ON THE ARCHITECTURAL REVIEW AND PLANNING BOARD FROM TWO TO THREE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANACES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (First reading) Town Clerk Taylor read Ordinance No. 22/7 with an effective date of September 9, 2022, for first reading. Commissioner Smith made a motion to approve Ordinance No. 22/7 upon first reading. Vice Mayor Stanley seconded the motion with all voting AYE at roll call. B. Hurricane Debris Removal Contract-DRC Emergency Services and CrowderGulf Joint Venture, Inc. 4 Minutes of Town Commission Regular Meeting September 9, 2022, C 4:00 P.M. Town Manager Dunham explained this would give the Town a back-up in case one was not available. Commissioner Smith asked if they were set fees to which Assistant Town Attorney Nazzaro answered in the affirmative and added it was a piggy -back contract. Vice May Stanley made a motion to approve the Hurricane Debris Removal Contract as presented. Commissioner Orthwein seconded the motion with all voting AYE at roll call. C. ILA with Highland Beach - Amended Assistant Town Attorney explained an additional clause that had been added by Highland Beach. Commissioner Smith made a motion to accept the amended ILA. Commissioner Orthwein seconded the motion with all voting AYE at roll call. D. Items by Mayor & Commissioners Mayor Morgan gave a heartfelt farewell to Town Clerk Taylor who will be retiring on September 30, 2022, stating besides Mayor Koch, she had made the greatest impact on the Town of Gulf Stream. He added she was smart, knowledgeable, always helpful and honest, and she got things done. Town Manager Dunham followed with his own words stating he had always been dependent on Ms. Taylor's advice and historical knowledge. He then presented her with a bouquet of flowers from the Town Staff and Commission. Ms. Taylor received a standing ovation from those in attendance. Mr. Bob Ganger, Town resident, gave words of appreciation to Town Clerk Taylor, and thanked her for not only being a terrific clerk, but being such a terrific person. Town Clerk Taylor thanked everyone stating she would think of everyone and be watching the papers to see what the Coastal Star would have to say about forthcoming meetings, as her interest about the Town would not die. XI. Adjournment Mayor Morgan adjourned the meeting at 4:42 P.M. Town 5