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HomeMy Public PortalAbout06 13 14 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JUNE 13, 2014 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. II. Call to Order: Mayor Morgan called the meeting to order at 9:05 A.M. Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Morgan. III. Roll Call: Present and Participating Also Present and Participating Scott W. Morgan Mayor Robert W. Ganger Vice -Mayor Joan K. Orthwein Commissioner Thomas M. Stanley Commissioner Donna S. White Commissioner William H. Thrasher Town Manager Rita L. Taylor Town Clerk John C. Randolph Town Counsel Garrett J. Ward Chief of Police Maria Sachs State Senator Danny Brannon Utility Undergrounding Mark Marsh Architect Christopher O'Hare Resident Martin O'Boyle Resident IV. Minutes: A. Regular Meeting and Public Hearing of 5 -9 -14 Vice -Mayor Ganger moved and Commissioner Stanley seconded the approval of the Regular Meeting and Public Hearing Minutes of May 9, 2014. All voted AYE. Motion passed. B. Workshop Meeting of May 9, 2014 Vice -Mayor Ganger moved and Commissioner Stanley seconded the approval of the Special Meeting Minutes of May 9, 2014. All voted AYE. Motion passed. V. Additions, Withdrawals, Deferrals, Arrangement of Agenda Items: Attomey John Randolph requested to add Item X.C, Emergency Ordinance 14/2. Martin O'Boyle objected to the addition. He believed this action does not follow Robert's Rules of Order. VI. Announcements: A. Regular Meetings and Public Hearings Mayor Morgan announced the upcoming Regular Meetings and Public Hearings, and inquired if there would be any absenteeism or conflicts, and there were none. 1. July 11, 2014 @ 9:00 A.M. 2. August 8, 2014 @ 9:00 A.M. 3. September 12, 2014 @ 9:00 A.M. 4. October 10, 2014 @ 9:00 A.M. Regular Meeting and Public Bearing June 13, 2014 5. November 14, 2014 @ 9:00 A.M. 6. December 12, 2014 @ 9:00 A.M. VII. Communications: A. Requests 1. Report on 2014 Legislative Session — Senator Sachs Mayor Morgan stated that Senator Sachs was not present at this time and recommended that she speak as soon as she arrives. B. From Residents (5 min. maximum) Christopher O'Hare stated that the recent letter from Mayor Morgan seemed to indicate that the problems facing the Town are being caused by certain residents in Gulf Stream while actually they are due to lack of communication to the Commission and the public and the leadership on the part of the Town Manager and Attorney. He cited an example of an agreement failing to get recorded in a timely manner. Martin O'Boyle explained that he remains seated during the Pledge of Allegiance inside the Town Hall because he does not feel he is in America and the flag salute means nothing in the Town Hall Chambers. He expressed respect for Attorney Randolph and described Attorney Sweetapple as a hot shot lawyer. He pointed out that nearly $300,000 has been spent on legal fees. VIII. Public Hearing: A. Application for Development Approval: 1. An application submitted by Mark Marsh, Bridges, Marsh & Associates, as agent for Robert M. Gardiner owner of property located at 530 Old School Road, Gulf Stream, Florida, legally described as Lot 8, Block 3, Plat No. 1 Polo Fields Subdivision: Mr. Marsh was recognized and first presented a photograph of the existing dwelling. He pointed out that it is a Gulf Stream Bermuda style structure with stucco walls and white, flat tile roof. He then displayed the site plan showing the area of the proposed project, the southwest corner of the home. He explained that the request is to add a bedroom consisting of 253 square feet which is an extension of the west nonconfomling wall of the home. This nonconforming wall encroaches 3.5 feet into the west side setback and will also encroach 5 feet into the rear waterfront setback, matching the existing wing on the southeast comer of the building, he said. He closed his presentation by advising that it will only be necessary to remove one small, nearly dead, tree in the area of the proposed addition and they will be installing foundation plantings around the new addition. The Commission asked a few questions and Mr. Marsh answered their concerns. a. Commissioner Stanley moved and Commissioner Orthwein seconded to approve special exception to permit an encroachment of approximately IT into the west side setback. All voted aye at roll call. Motion passed. Regular Meeting and Public Flearing June 13, 2014 b. Commissioner Stanley moved and Commissioner Orthwein seconded to approve special exception to permit the 253 sq. ft. addition to extend approximately 5' into the rear waterfront setback in the Core Design District. All voted aye at roll call. Motion passed. c. Commissioner Stanley moved and Commissioner Orthwein seconded to approve Level III Architectural /Site Plan based on a finding that the proposed construction of a 253 sq. ft. bedroom addition to an existing non - conforming Bermuda style, one -story, single family dwelling at the location described herein meet the minimum intent of the Design Manual and applicable review standards. All voted aye at roll call. Motion passed. IX. Reports: A. Utility Undergrounding — Danny Brannon (Engineer) Mr. Brannon gave his update on the progress of the Undergrounding project with a submission of a handout for reference. An update on the progress of the Lighting project was included as well. Vice Mayor Ganger had concerns regarding the landscaping. Mr. Brannon responded to his concerns. B. Town Manager Town Manager Thrasher stated that he had no report. C. Architectural Review & Planning Board 1. Meeting Dates a. June 26, 2014 @ 8:30 A.M. b. July 24, 2014 @ 8:30 A.M. c. There is no meeting in August. d. September 25, 2014 @ 8:30 A.M. e. October 23, 2014 @ 8:30 A.M. Vice Mayor Ganger asked if the Ad Hoc report would be at the next meeting. Clerk Taylor assured that it would be on the agenda for the next ARPB meeting. D. Finance Director 1. Financial Report for May 2014 Town Manager Thrasher presented the Financial Report for May 2014. There were no questions. 2. Water Usage as of May 31, 2014 Town Manager Thrasher presented the Water Usage report as of May 31, 2014. Commissioner White had a question regarding the capital outlay for streets line item on the budget report. Town Manager Thrasher explained the line item budget amount. E. Police Chief 1. Activity for May 2014 Police Chief Ward presented the Activity Report for May 2014. He pointed out that there was new software which explains the new format. Mayor Morgan asked for any questions or comments. There were none. X. Items for Commission Action: A. Adjustment of Positions of ARPB 3 Regular Meeting and Public Flearing June 13, 2014 Mayor Morgan explained that there was one too many alternate members and not enough regular members on the ARPB. A promotion of an alternate to the regular member status was needed. There was discussion on who held seniority of the three alternates and it was determined to be Mr. Dockerty. Mayor Morgan suggested putting this subject on hold since Senator Sachs had arrived. Senator Maria Sachs introduced herself and informed everyone that she has been our Senator for the past two years due to redistricting. She mentioned that she would be available to anyone for any concerns they may have and that her office is located in the Delray Beach City Hall. She further mentioned that she will be keeping in touch periodically. Mayor Morgan thanked Senator Sachs for coming by to speak at the meeting. Senator Sachs thanked the Commission for allowing her to speak. Mayor Morgan moved the conversation back to the ARPB members. There was discussion concerning different possibilities of moving people around to reduce the chances of not having quorums. Vice Mayor Ganger suggested that Bob Dockerty be promoted to a regular ARPB member. Commissioner Orthwein moved and Vice Mayor Ganger seconded the approval of moving Bob Dockerty to a regular member position. All voted aye. Motion passed. B. Emergency Ordinance 14/2 -An ordinance of the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, providing an amendment to Chapter 66, zoning; Article I, in general, to include a new section, Section 66 -11, providing for reasonable accommodation procedures pursuant to the Fair Housing Amendments Act and Title II of the Americans with Disabilities Act; providing for severability; providing for repeal of ordinances in conflict; providing for codification; providing an effective date. Attorney Randolph explained the ordinance regarding reasonable accommodation procedures. He explained the reasoning why it should be adopted as soon as possible. Commissioner Stanley voiced some concerns and Attorney Randolph addressed those concerns. Mayor Morgan asked if there were any comments from the public. Martin O'Boyle requested the decision be held off and reconsidered because it wasn't in the orders of the day. Mayor Morgan reiterated by asking if he had any comments. Mr. O'Boyle had several questions and concerns that Attorney Randolph addressed. Vice Mayor Ganger moved and Commissioner Orthwein seconded the motion to adopt emergency Ordinance 14/2, an ordinance of the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, providing an amendment to Chapter 66, zoning; Article I, in general; to include a new section, Section 66 -11, providing for reasonable accommodation procedures pursuant to the Fair Housing Amendments Act and Title II of the Americans with Disabilities Act; providing for severability; providing for repeal of ordinances in conflict; providing for codification; providing an effective date on fast reading. All voted aye. Motion passed. Attorney Randolph informed the Commission that the Town will advertise the Ordinance to be re- adopted on second reading at the next meeting. C. Items by Mayor & Commissioners Mayor Morgan asked if there was any other items from the Commission. 4 Regular Meeting and Public I fearing June 13, 2014 Vice Mayor Ganger informed the Commission that he had attended the four hour Delray Beach Meeting regarding the consolidation of the Delray Beach Fire and Rescue with the Palm Beach County Fire and Rescue the evening before. He informed the Commission that the City of Delray Beach rejected the one year proposal and will be staying with the Delray Beach Fire and Rescue as it exists. Mayor Morgan thanked Vice Mayor Ganger for the informative update. There were no further comments. XI. Adjournment: Mayor Morgan adjourned the meeting at 10:07 A.M. Kelly Avery Deputy Clerk 5