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
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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.
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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.
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of Jupiter Island had thought that
sooner than it was but he is still
and speaks with other Towns when
Town Commission Regular
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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.
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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.
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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.
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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.
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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.
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X. Adjournment.
Mayor Morgan adjourned the meeting at approximately 10:15 A.M.
Rita L. Taylor
Town Clerk