HomeMy Public PortalAbout08 09 19 MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, AUGUST 9, 2019 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 Lyons, Jr. Commissioner
Joan K. Orthwein Commissioner
Donna White Commissioner
Also Present &
Participating: Gregory Dunham
Edward Nazzaro
Edward Allen
Rita Taylor
IV. Minutes
A. Regular Meeting of July 9, 2019.
Vice Mayor Stanley made a motion
July 9, 2019, and the motion was seconded by
all voting AYE at roll call.
Town Manager
Asst. Town Attorney
Police Chief
Town Clerk
to accept the minutes of
Commissioner Orthwein with
V. Additions, withdrawals, deferrals, arrangement of agenda items
Chief Allen introduced the newest police officer to the Town
of Gulf Stream, William Garrison, and he was warmly welcomed by the
Commission Board. Assistant Town Attorney Nazzaro asked that Item IX E.
1. 2900 Avenue Au Soleil be removed from the Agenda and to add an item
IX E. 2. Settlement of Case #2014CA011940.
VI. Announcements
A. Regular Meetings and Public Hearing
1. September 13, 2019 at 4:00 P.M.
2. October 11, 2019 at 9:00 A.M.
3. November 8, 2019 at 9:00 A.M.
4. December 13, 2019 at 9:00 A.M.
B. Proposed Budget Meeting and Hearing Dates
1. September 13, 2019 at 5:01 P.M.
2. September 24, 2019 at 5:01 P.M.
Mayor Morgan called attention to these dates and noted the
times being changed for September 13.
VII. Communication from the Public (3 min. maximum)
A. Michael Caruso, FL State Representative
Representative Caruso gave a legislative update on passing
the budget of 91.1 billion dollars, which allocated monies to go mostly
towards environment, education and healthcare. Town Manager Dunham asked
if Rep. Caruso could speak about the septic to sewer issues. Rep.
Caruso stated that he had sponsored a bill with Rep. Robinson calling it
the Robinson Caruso Bill that called for septic to sewer conversion
testing. It did not make it to the floor, but he stated he would be
Minutes of Town Commission
Regular Meeting & Public Hearing
Held August 9, 2019 @ 9:00 A.M.
willing to work with the Town to try and get an appropriation.
Commissioner Orthwein asked if it was mandated would the State then fund
the mandate. Rep. Caruso answered that Tallahassee was very good at
unfunded mandates, but that the Town was probably looking at a 10 -year
plan ahead of them. Mayor Morgan thanked him for his determination and
drive to advance the interests of Gulf Stream and everyone else in Rep.
Caruoso's district.
VIII. Reports
A. Town Manager
1. Utility Undergrounding
Town Manager Dunham referred to Anniken Patino, the Area
Manager for AT&T. Ms. Patino stated that most of the cable had been
placed, but there were some revisions and changes that happened that
stopped them from working but now work will begin again. She stated the
only cable left to place was from Golfview up to Banyan in the rear
easement and then the Town will begin to see connecting of cables and
placing of the terminals. Ms. Patino stated there was a lot of work left
to be done but the goal was to be finished by the end of the year. Mr.
Dunham asked if that meant December to which Ms. Patino answered that
the new service would probably be before December but AT&T still needed
to remove the poles and old cables in December. Mr. Dunham asked if
AT&T needed to get into the residential homes to which Ms. Patino said
they would not need to go into the homes unless the resident was
requesting a different type of service. Mr. Dunham added that within 60
days Comcast customers can begin to make appointments for new service.
Vice Mayor Stanley asked if a notice would be sent out to which Mr.
Dunham said that it would probably be a combination of door hangers and
letters from Comcast. So, unlike AT&T who will be mostly "invisible",
Comcast will need to get into the homes through appointments made by the
residents.
2. Obstructions in Town Rights-of-way
Town Manager Dunham stated that the Town did a lot of Code
Enforcement during the summer to correct nuisances. He stated that the
obstructions in Town rights-of-way was almost complete and that he was
still working with a few residents that had been out of town but he was
pleased with the outcome thus far.
3. Budget Update
a. Health Insurance
Town Manager Dunham reminded the Commission that he
had come to them last year stating that there was no affordable family
coverage offered through the Town. He stated that CFO Tew came up with
the idea of asking the Town's insurance carrier about multiple policies
being offered. At no cost to the Town, a lower tiered Florida Blue plan
can be offered to employees. Mayor Morgan thought it was a great idea
and thanked Mrs. Tew for taking the initiative to follow up with the
insurance carrier in getting this coverage.
b. Back Flow Preventer Testing Program
Town Manager Dunham stated that the testing is now
complete for this calendar year. CFO Tew explained that there was an
expense and a revenue source for getting the testing and then recovering
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the revenue. The Town contracted with Buckeye Plumbing at approximately
$5,000 a year, so she had to incrementally change the revenues and
expenses and it was a wash. Mrs. Tew didn't want the Commission
wondering where the $5,000 came from because it wasn't on the original
budget, she added.
B. Other Reports
1. Place Au Soleil Street Lights
Town Manager deferred the presentation to FP&L. Sophia
Eccleston, External Affairs Area Manager for FP&L, introduced herself
and let everyone know that FP&L was ready for storm season and she was
the point of contact. She then turned it over to Christian Pruitt and
Robert Weese to make the presentation. Mr. Pruitt explained the
conversion FP&L is making to LED lighting and it's superior service to
sodium lighting. The initial cost to the town in replacing the 26
street lights in Place Au Soleil would be $10,289.30 to remove the
existing lights. Mr. Pruitt had a sample of one of the lights that
Commissioner White had discussed with FP&L and the price for that
particular light would be $833.00, which was an increase of $350 from
what the Town is presently paying. Mayor Morgan asked why the increase
to which Mr. Pruitt answered that although the energy costs are lower,
the decorative lighting pole is more expensive than traditional poles.
The $833 (plus taxes and fees)is for all 26 poles cumulatively, not for
each individual pole, which includes electric, maintenance, etc.
Commissioner Lyons asked if the poles could be purchased to which Mr.
Pruitt said they could not through the FP&L plan. Mr. Pruitt added that
if the Town bought them outright, then FP&L wouldn't be able to utilize
the existing underground network that is now in place, nor would they do
maintenance on them. Commissioner White asked what the lifespan would
be to which Mr. Pruitt said that LED lights are more intelligent and can
be monitored so that when they get below a certain wattage, FP&L will
replace them and added that in Coral Gables, there are some fixtures
that are over 40 years old. Mayor Morgan asked if the lights were
dimmable to which Mr. Pruitt said they were not, but the globes could
have shields added to them in 25% increments or you could go with a
lower lumen. Discussion was then had about whether to go with black or
hunter green, although the pole color and globes are not the same color
of green. Commissioner White said she was planning on going to
different neighborhoods to take a look at the colors and then discussion
would be had with the HOA in Place Au Soleil.
2. Draft of Waterline Improvements - Baxter & Woodman, Inc.
Jason Pugsley, Sira J. Prinyavivatkul and Sara Fox were
all in attendance from Baxter & Woodman. Mr. Prinyavivatkul, Project
Manager for the State Road AlA Water Main Improvements - Phase Two, gave
a very thorough presentation on the water main alignment and design (the
Power Point presentation will be put online under Minutes from this
meeting). Commissioner Lyons asked if the numbers were the same as what
Rebecca Travis had given them prior to this meeting. Mr. Pugsley stated
that they fell in line with what Ms. Travis had given them, but many
times the numbers come down as they have added a contingency for
unknowns. Commissioner White asked how the residents would access their
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homes when work was being done on N. County Road and the answer given by
Mr. Prinyavivatkul was that there would be a lot of coordination
involved with the contractor, the Town and the Police Force on how they
would enter and exit while the work was going on for approximately a
week during the off-season for minimal disturbance to the residents.
Mayor Morgan asked if N. County Rd. was essential to the project and if
they could do it on AlA instead of coming up N. County Road. Mr.
Prinyavivatkul said it would need to be re -analyzed. Town Manager
Dunham then asked if they would do that. Commissioner Orthwein stated
she had asked this question in a prior meeting and Ms. Travis had told
them Boynton Beach had water mains there on AlA. Vice Mayor Stanley
agreed with Commissioner Orthwein and added that he thought there was
going to be conflict and/or the cost was going to be greater as well if
they went up AlA. Mr. Dunham asked again if they would just look at
that option, to which Mr. Pugsley agreed, although he recommended
keeping it at N. County Rd. as it was really a two-for-one deal as they
are going to get a new asphalted road as well. Mayor Morgan thanked
them for such a thorough presentation.
C. Architectural Review & Planning Board
1. Meeting Dates
a. No August meeting
b. September 26, 2019 at 8:30 A.M.
c. October 24,2019 at 8:30 A.M.
d. November 21, 2019 at 8:30 A.M.
e. December 18, 2019 at 8:30 A.M.
Mayor Morgan called attention to these dates.
D. Finance Director
1. Financial Report for July 2019
2. Water Usage as of July 31, 2019
There were no questions in regard to these two items.
E. Police Chief
1. Activity for July 2019
Chief Allen asked that his report be accepted as
presented. The Mayor declared both reports accepted.
IX. Items for Commission Action.
A. Approve Republication of the Town Code by Municode - $12,500
Town Clerk Taylor noted that the last republication was in
1999 with only one supplement since then and numerous changes have been
made in the 20 year time span. Commissioner Orthwein made a motion to
approve the republication of the Town Code and the motion was seconded
by Commissioner White with all voting AYE at roll call.
B. Three ARPB Appointments
Mayor Morgan stated that Thomas Smith, Malcolm Murphy and
Curtiss Roach were up for re -appointment and recommended that all three
be approved. Commissioner Orthwein made a motion to approve all three
gentlemen for re -appointment to the ARPB and the motion was seconded by
Commissioner Lyons with all voting AYE at roll call.
C. Approve Trimming Australian Pine Trees -Bartlett Tree - $20,000
Town Manager Dunham noted that Mr. Hoyt, who did the yearly
maintenance on the Australian Pines, retired and was bought out by
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Minutes of Town Commission
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Bartlett Tree Service. The yearly maintenance had not been done for a
few years, he added, so there was three years of service that needed to
be taken care of. Mr. Dunham stated Bartlett Tree Service had done an
exhaustive inventory of the Town's Australian Pines and they were now
tagged with a number that had information on each tree. The requested
price is for a section of trees on AlA that need trimming the most.
Mayor Morgan asked when it would be completed as we are in storm season.
Mr. Jonathan Frank, with Bartlett Tree Service, answered that it could
be completed by the end of the month. Vice Mayor Stanley made a motion
to approve the $20,000 for trimming of Australian Pines on AlA and the
motion was seconded by Commissioner Orthwein with all voting AYE at roll
call.
D. ORDINANCE NO. 19/3; AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE
DATE OF THE 2020 MUNICIPAL ELECTION FROM MARCH 10, 2020 TO
MARCH 17, 2020 TO COINCIDE WITH THE 2020 PRESIDENTIAL PRIMARY
ELECTION; PROVIDING A DATE FOR QUALIFYING FOR SUCH ELECTION,
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES
IN CONFLICT; PROVIDING AN EFFFECTIVE DATE. (1St reading being
presented on August 9, 2019 with 2nd reading scheduled for next
month)
Commissioner Orthwein made a motion to approve Ordinance No. 19/3 on
first reading and the motion was seconded by Vice Mayor Stanley with all
voting AYE at roll call.
E. Liens -Reduction Requests
1. 2775 Avenue Au Soleil
Assistant Town Attorney Nazzaro gave a detailed summary on
the history of this property, the code violations from 2009 until the
present, as well as the Code Enforcement Lien exceeding $1.8 million on
the property and Lien Reduction Request. Mr. Nazzaro noted that Mr.
Zachary Mazur was present to negotiate a settlement on behalf of the
estate. He added the violations had been corrected and the lien was no
longer accruing. Mr. Mazur stated he was at the meeting representing
Mr. Carbone, the personal representative of the estate. He stated they
did have a buyer who wanted to renovate the property and that the family
apologized on their uncle's behalf for the code violations and asked for
leniency. Mayor Morgan asked how much they offered to settle and Mr.
Mazur answered $20,000. Commissioner White stated she lived in Place Au
Soleil and the property had been an eye sore for as long as she had
lived there, which was 16 years. She added that the HOA had made a
deal with Mr. Lavoi for an easement in which they planted a clusia
hedge so the unsightly property would be screened from sight.
Commissioner Lyons thought a message needed to be sent that homeowners
cannot be as inconsiderate as Mr. Lavoi had been and said he thought
$20,000 was inadequate. Mayor Morgan stated he thought this was one of
the most egregious examples of a resident totally ignoring code
requirements, not just to the detriment of the Town, but to the
residents who live in Place Au Soleil. Mayor Morgan stated he thought
the Town should not negotiate but foreclose the property, remove the
house and sell the land. Commissioner Lyons asked how long that would
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take to which Mr. Nazzaro said a foreclosure action would take about a
year. Vice Mayor Stanley added that after the foreclosure action, the
Town would have to pull its own demolition permit to which Mayor Morgan
said that would probably cost $20-25,000, then the lot would be seeded
and irrigated. Mayor Morgan said he wanted to ensure that a home built
there would be attractive to Place Au Soleil and this would improve what
they have suffered from for over a decade. Commissioner Lyons then
dismissed himself from the meeting at 11:02 AM because he had to get to
the airport. Commissioner Orthwein and Commissioner White both agreed
with Mayor Morgan that the residents of Place Au Soleil would benefit
from a brand new house being on that lot. Mr. Mazur stated that a new
roof and new windows would be put on the existing house and it would be
then be comparable to the other homes in the community once renovated.
Mayor Morgan stated the offer of $20,000 showed a lack of seriousness
and asked for consensus in favor of foreclosing or negotiation with the
estate. Vice Mayor Stanley made a motion to authorize the Town Attorney
to proceed with foreclosure action and any other collateral actions
needed to preserve the Town's legal rights as to the lien and if there
are any settlement offers that come through during the process they will
be forwarded to the appropriate parties on the Commission. Commissioner
Orthwein seconded the motion with all voting AYE at roll call.
2. Settlement of O'Boyle Case 2014CA011940
Assistant Town Attorney Nazzaro stated that Mr. O'Boyle
was seeking $36,000 in this case. The Town has offered and Mr. O'Boyle
has accepted $6,000. Mr. Nazzaro asked the Commission to ratify,
retroactively, the settlement offer and suggested they approve it as it
is a reduction of 830 of the fees Mr. O'Boyle is seeking in this case.
Commissioner Orthwein made a motion to approve the settlement offer and
Commissioner White seconded the motion with all voting AYE at roll call.
F. Items by Mayor & Commissioners
There were none.
X. Adjournment.
or Morgan adjourned the meeting at 11:14 A.M.
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