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HomeMy Public PortalAbout03 13 15 MeetingREGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 13, 2015 AT 9:00 A.M. IN THE 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. The Pledge of Allegiance was led by the Mayor. III. Roll Call. Present and Scott W. Morgan Mayor Participating: Robert W. Ganger Vice Mayor Joan K. Orthwein Commissioner Thomas M. Stanley Commissioner Donna S. White Commissioner Also Present & John Randolph Town Attorney Participating: William Thrasher Town Manager Rita Taylor Town Clerk Garrett Ward Police Chief Danny Brannon Engineer Terry Cudmore Contractor Christopher O'Hare G.S. Resident Martin O'Boyle Barbara Sloan Tony Graziano " Mrs. Graziano " William Boardman IV. Minutes of the Regular Meeting of February 13, 2015. Vice Mayor Ganger asked that it be made clear that the proposed All Aboard Florida trains would be traveling at a maximum of 79 MPH in Palm Beach County but up to a maximum of 110 MPH in counties to the north of Palm Beach County. Vice Mayor Ganger moved for approval with this added clarity and Commissioner Stanley seconded the motion with all voting AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes to the agenda. VI. Announcements. A. Regular Meetings and Public Hearings 1. April 10, 2015 @ 9:00 A.M. 2. May 8, 2015 @ 9:00 A.M. 3. June 12, 2015 @ 9:00 A.M. 4. July 10, 2015 @ 9:00 A.M. 5. August 14, 2015 @ 9:00 A.M. Mayor Morgan asked if any of the Commissioners expected to be absent for the April 10, 2015 meeting and all indicated they expect to be present. Town Commission Regular Meeting & Public Hearing March 13, 2015 VII. Communication from the Public (5 min. maximum) Christopher O'Hare, a Town Resident, was recognized and reminded that near the end of the February meeting, it was announced that a Federal RICO case had been filed and that Attorney Sweetapple had arrived just prior to the announcement and had remained to accept accolades from the public after adjournment, and received credit for the RICO Case. He said he didn't mind that as people have a right to their opinion but he didn't think Mr. Sweetapple did a great job which will be decided in the future. He said that some made comments about doing whatever we could to get rid of the enemy but he didn't think requesting records or taking the Town to court makes anybody an enemy. He thought this might violate the decorum policy and wanted the Mayor to be aware of that, and perhaps to keep things under control in the future. Martin O'Boyle was recognized and reported that he was out of town during the last meeting but did read the minutes and observed that the Town has finally filed their RICO Action. He believed the mayor had said something like he didn't want to be put in a thousand cuts of glass, or something similar. He asked Mayor Morgan if that was correct to which the mayor reminded this is not a question and answer period as he has been reminded of a number of times and to please continue on. Mr. O'Boyle stated that the mayor has put himself in a position where there is going to be 10,000 pieces of glass and he hoped that no one were to be injured, particularly in connection with this outstanding board. He stated that Mr. Boardman spoke, "the epitome of ignorance ", about how this is such a grand idea but "when you pop the hood, he never looked at the engine, never even saw if the engine was there, and I commend you Mayor for getting that kind of support where people don't even look and they support you ". He remarked that Mr. Thrasher says there is abuse of the public records act and he would like to find out what the abuse is. He further remarked that Mr. Thrasher also said there have been several dozens of law suits filed and he believed that is correct. He stated that the Town last month spent $135,000, and up to a million all told, in legal fees rather than give Mr. O'Hare and himself documents they requested which is not sound thinking to him. He said that he observes that the commission has their cheerleaders present but he wondered what the whole town would say. He suggested that the Mayor send out one of his letters explaining how much is being spent and what the win is at the end of the day and how much he intends to donate should the Town lose this RICO Suit, and how much Commissioner Orthwein intends to donate if the Town loses. Should this happen, he believed he would find them outside hiding behind a bush. He didn't believe either of them was willing to put up a nickel and want all of the people to pay. He remarked that none of these dozens of record suits have come to court yet because you have stopped every one of them. He wondered why this would be done if the Town was going to be so successful. He believe this is costing twenty five to fifty thousand dollars a copy which is beyond ludicrous. 2 Town Commission Regular Meeting & Public Hearing March 13, 2015 There were no others that requested to speak. VIII. Reports. A. Utility Undergrounding -Danny Brannon (Engineer) Mr. Brannon reported that the street lighting fixture has been received and they are in the process of receiving bids for the installation that will be an example of the fixtures that would be installed. With regard to the project budget, he advised that about $10,000 in engineering costs had been lumped into Phase I that should have been in Phase II and that number will change in the next report as it was only discovered this past week. He reported that AT &T and Comcast are in the process of preparing their engineering based on the record drawings they were provided with. The FP &L drawings are being reviewed to make certain that the Town is not being charged in the undergrounding project for work that would be considered maintenance work that would be paid for by FP &L. He said there is approximately $150,000 worth that is under review. In reply to questions from Mayor Morgan and Vice Mayor Ganger, Mr. Brannon advised that AT &T and Comcast are preparing their engineering for removing their lines from the poles into our underground pipes. He added they couldn't start on this until we had provided them with the as -built drawings of our installation. He further advised that AT &T does their engineering and then sends it out to be fabricated by other venders while Comcast does their own fabrication. He noted that they have had our as -built drawings about two months and that he has requested that each provide him with a progress report but as yet has not received one. Mayor Morgan said it may become necessary for the Town to step in with some appropriate steps to force the issue. He further said he would like to have some comment from other commissioners that if we don't get a definite resolution from Comcast and AT &T within a month, the Town be authorized to look into taking other steps to force the issue. Mr. Boardman was recognized and asked Mr. Brannon to repeat how long it took to get the poles down in the Jupiter Island project to which Mr. Brannon replied it took between two and three years, from the middle of 2010 to sometime in 2013, and they are still resolving the final billing on that. This period was from the time the power was in until the other utilities were connected. Vice Mayor Ganger said that the Mayor their project would be finished much very high on these types of projects asked. 3 of Jupiter Island had thought that sooner than it was but he is still and speaks with other Towns when Town Commission Regular Meeting & Public Hearing March 13, 2015 Mayor Morgan observed that with this information it appears that Gulf Stream could be looking at another year before these utilities are finished to which Mr. Brannon stated that is not unreasonable. The Mayor stated he just wanted to make sure the Commissioners had no objections to pursuing this aggressively. Barbara Sloan was recognized and asked if there could be a status report on Phase II and that perhaps there could be some thought given to writing into the agreement some timing issues. Mr. Brannon stated that at this time they are in the process of working out those issues with FP &L that he had mentioned, adding that he has had better success working with the officials of AT &T and Comcast in this area than with similar utilities in other areas. He said that he has been in touch with some of the executives in Atlanta and the local manager for Comcast relative to installing their cable for them and they were agreeable to discussing this. He pointed out, however, that it would most likely cost a great deal more for us to do it than for them but if time is a consideration, then it's worth investigating. He said March 2016 is still the goal for having all of the FP &L related work completed. Commissioner Stanley observed that it appears we could expect that Comcast & AT &T would be completed with their work two years after FP &L is completed and Mr. Brannon concurred. Mayor Morgan believed that we would be negotiating Phase II agreements before Phase I is finished and we should have several persons involved with these negotiations when the time comes. Mr. O'Hare was recognized and advised that he seems to recall that he was assessed what seemed like $25,000 or $30,000 for the undergrounding and that was money well spent as it is a great project. He said he has worked with the same bureaucracies Mr. Brannon is working with and he knows it's not his fault. He said that sometime you find out that they have an expedited service if you want to pay a little more money. He suggested that the Commission might want to have Mr. Brannon look into this possibility. There was no further comment from the public or the Commissioners. B. Town Manager The Town Manager had no report. C. Architectural Review & Planning Board 1. Meeting Dates a. March 26, 2015 @ 8:30 A.M. b. April 23, 2015 @ 8:30 A.M. c. May 28, 2015 @ 8:30 A.M. d. June 25, 2015 @ 8:30 A.M. E Town Commission Regular Meeting & Public Hearing March 13, 2015 e. July 23, 2015 @ 8:30 A.M. f. There is no August Meeting g. September 24, 2015 @ 8:30 A.M. D. Finance Director 1. Financial Report for February Mr. Thrasher called attention to the report is prepared to answer any questions. There Morgan declared it accepted as submitted. E. Police Chief 2015 he has submitted and said he were no questions and Mayor 1. Activity for February 2015 Chief Ward asked that the report be accepted as submitted. There were no questions and the Mayor declared the report accepted as submitted. IX. Items for Commission Action. A. Related to a Previous Approval Mayor Morgan asked if there has been any ex -parte communication on this item and there was none declared. In reply to a question from the Mayor, Mr. Thrasher stated that Mr. Cudmore had spoken to him in the hall and advised he was withdrawing his request to place a portion of the exfiltration system in the right -of- way and that he would be submitting a letter confirming that promptly. Mayor Morgan asked if he was also withdrawing his request for the second driveway to which Mr. Thrasher replied that he was not. He apologized for telling Mr. Cudmore he could leave. Mayor Morgan directed that an attempt be made to contact Mr. Cudmore by phone to see if he could return to present the application and suggested that items from the Mayor and Commissioners be addressed at this time. 1. Revised Site Plan for 3250 Polo Drive requesting approval to add a second driveway entrance and to revise the previously approved landscape plan - Cudmore Builders In relation to this matter, the Town Clerk administered the Oath to Terry Cudmore, Tony Graziano, Mrs. Graziano, Christopher O'Hare, William Boardman and Barbara Sloan. Mr. Cudmore explained that there has always been a drainage problem in this area and they had added extra drainage structures because of this problem. He noted that the drainage that is planned to be installed on the property meets the requirements that 1 inch of rainfall be retained on the site. The portion of the system that would have been in the right -of -way would be more than is required for the site. Mr. Cudmore said the original plan provided for cars to enter at the front entrance then turn and travel to the north side of the property and turn again, to the west, to be in front of the garage doors. He pointed out that they had positioned the garage so that the doors did not face the street. By adding this second driveway, the driveway through the front yard will be replaced with a stepping stone walkway with the stones being divided with grass strips. 5 Town Commission Regular Meeting & Public Hearing March 13, 2015 Mayor Morgan said he has a problem with the second driveway. He pointed out that the house was approved with a street view that had one entrance in the middle facing the front door with a considerable amount of landscaping screening the front of the building. He further called attention to the size, that being a large, looming building, especially the garage, and that with the one driveway, the landscape material blocked a considerable amount of the building. He felt that by opening the second driveway it changed the aesthetic complexion of the property by giving two views to the building. He said it is also a concern that the second driveway is already under construction without first having received approval. Mr. Graziano was recognized and stated he wanted to once again voice his frustration with regard to this construction that has been going on for nearly 17 months across the street from his property. He questioned if there is a law that prevents the enforcement of the new resolution regulating permitted working hours from applying to this construction site. He suggested that if this request is granted, there be a condition placed on the approval that they will comply with the new resolution, and be subject to fines if they awakened him at 6:45 A.M. again. He acknowledged that the police come by every day between 7:00 and 7:15 A.M. but it doesn't help when the work starts at 6:45 A.M. Mr. William Boardman was recognized and suggested that a summary of the regulations in the new resolution be given to each of the workers as he felt the resolution is excellent. He was concerned that adding the second driveway is adding a vast amount of bricks to the front of the property, pointing out that this area has had a problem with water in the past and he would like to have a commitment that if in the future there is a problem, they will take the necessary steps to fix it. Mr. Thrasher, in reply to a question from Mayor Morgan, stated that the drainage plan that has been provided and reviewed by the Town's engineers does provide that the first 1 inch of run -off is to be stored and can be ex- filtrated on the site and those numbers have been verified. He further stated that the code only says 1 inch of run -off but that in a 3 inch rain event or greater, there will be a pooling of water in many locations in our town. He pointed out that this is what the owners and builders are obligated to do and they have met that obligation. He said that prior to this construction there was a swale area that the town created that worked reasonably well but during the construction and placement of rock for the parking area during construction combined with the sloping of land in this area in relation to the street there has been no ability for any percolation of water. The Town Manager explained that Mr. Cudmore was not bound by some of the requirements in the new resolution on working hours because the document was adopted many months after this job started. However he said it is his understanding that the police department has issued several citations at this site but that he will refer that to the Chief. 2 Town Commission Regular Meeting & Public Hearing March 13, 2015 Chief Ward said there have been citations issued for parking violations but that doesn't affect the new resolution one way or the other. However he said they are still limited in the enforcement of the resolution due to the fact this has not been signed off by the contractor. Mayor Morgan asked what if it is signed -off now and the Chief said if he were to do that voluntarily it should resolve the issue. Mr. Cudmore said he had no problem with that as when he started this job he has known the working hours were 8 A.M. to 5 P.M. and at the beginning he fenced the property, placed a lock on the gate and installed a sign stating no work before 6 A.M. He explained that what is being discussed is those who arrive at work early. He added that he didn't want it to be thought that there were workers arriving at 6:45 regularly, that it was a one -time happening when a truck with a load of palm trees left Clewiston very early and arrived ahead of time. Mrs. Graziano was recognized and stated that the sign, no work before 8 A.M. only appeared a few months previously and was not there for the first year. Some of the workers had keys or the code to the gate lock because she saw them inside the fence prior to the Cudmore supervisor arriving, she said. Mr. O'Hare was recognized and observed that it is a public road and he did not believe someone can be told they can't be on the road before 8 A.M. whether they are working or not. He asked if there is a statute that says you can't have the driveway cut he is requesting. Mayor Morgan stated his objection to it is the neighborhood and the esthetics of the building and garage which is the furthest point out, adding that he will be asking for comments from the public. Mr. O'Hare stated that some years ago Mayor Koch gave him a lady palm, the same kind Commissioner White has in her yard but that he was brought before code enforcement for having that plant because it wasn't listed in the Code. He said that those plants and others not in the Code are in this application and he was wondering if it is now the Town's policy that there are no prohibited plants except invasive species, that any other plant is OK. Mayor Morgan recalled that Mr. O'Hare has raised this a number of times and he understood the landscape plan has been reviewed and is consistent with the Code. The Mayor pointed out that Mr. O'Hare has raised this question with every application that has come up and it is duly noted. Mr. Boardman commented that the parking was handled the best that he has seen but he had one suggestion, that the landscaping in front of the house be the last thing that is done so the front yard can be used for parking right up to the end. 7 Town Commission Regular Meeting & Public Hearing March 13, 2015 Commissioner Stanley asked Mr. Cudmore to point out the drainage areas in question. Mr. Cudmore pointed out the area that has been reduced in size and moved out of the right -of -way on to the private property. Commissioner Orthwein commented that there is considerable landscape material in place and Mr. Cudmore explained that they had to bring the plantings in at this time in order to be able to locate the underground drainage properly. He said they expect to be finished with the job within about 6 weeks. Commissioner White asked the height of the ficus hedge to which Mr. Cudmore replied that it is over 8 feet tall. Mr. Graziano asked that if a vehicle was parked on the site before 8 A.M. with the motor running could a citation be issued under the new resolution. Mayor Morgan stated that there is no reason that the Motor needs to be running. Barbara Sloan said she was in agreement with Mr. Graziano that a truck engine running is very annoying. Commissioner Stanley moved to approve the driveway modification at 3250 Polo Drive as proposed by the applicant by removing the connecting driveway in the front, adding a French drain, additional landscaping and also adding an additional curb cut to the motor court to the north of the property subject to the contractor signing the contractors affidavit to be subject to the rules and regulations adopted by the Town a few months previously. The motion was seconded by Commissioner Orthwein and all voted AYE at roll call. B. Items by Mayor & Commissioners Commissioner White reminded that at the last meeting it was thought there would be a resolution to be considered regarding the All Aboard Florida project. Vice Mayor Ganger reported that he had planned to work with Christine to expand a document that would be relevant to Gulf Stream in that the document to which she had referred was generic to coastal communities. He said that in view of recent events, those being the two crashes at crossings and the failure of a 100 year old railroad bridge causing a backup for miles that lasted for hours, more time should be given to evaluate the impact on our community before a resolution is considered. He further noted that there are some who feel the project is just a way to bring more freight traffic thru and yet there are some very smart individuals who refute some of the concerns voiced by the public. He believed all views should be.evaluated, adding that Boynton Beach favors the project in that all of the crossing in their town will be upgraded at no cost to their taxpayers but there will be operating costs to Boynton Beach which they feel they can handle. K Town Commission Regular Meeting & Public Hearing March 13, 2015 X. Adjournment. Mayor Morgan adjourned the meeting at approximately 10:15 A.M. Rita L. Taylor Town Clerk