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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 2 Minutes of Town Commission Regular Meeting & Public Hearing Held August 9, 2019 @ 9:00 A.M. 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 3 Minutes of Town Commission Regular Meeting & Public Hearing Held August 9, 2019 @ 9:00 A.M. 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 H Minutes of Town Commission Regular Meeting & Public Hearing Held August 9, 2019 @ 9:00 A.M. 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 6 Minutes of Town Commission Regular Meeting & Public Hearing Held August 9, 2019 @ 9:00 A.M. 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. r I Rene6 ase Exe tive Assis ant 0