HomeMy Public PortalAbout11 13 2020 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN
COMMISSION, OF THE TOWN OF GULF STREAM ON FRIDAY, NOVEMBER 13, 2020 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 A. Lyons, Jr. Commissioner
(via video -
not allowed to vote)
Joan Orthwein Commissioner
Donna S. White Commissioner
Also Present &
Participating:
IV. Minutes
Gregory Dunham
Edward Nazzaro
Edward Allen
Rita Taylor
Town Manager
Asst. Town Attorney
Police Chief
Town Clerk
A. Regular Meeting of October 9, 2020
Vice Mayor Stanley made a motion to approve the minutes of
the regular meeting on October 9, 2020. The motion was
seconded by Commissioner Orthwein with all voting AYE at roll
call.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Added Item X. A. Proclamation by Mayor Morgan
VI. Announcements
A. Regular Meetings and Public Hearings
1. December 11, 2020 at 9:00 A.M.
2. January 8, 2021 at 9:00 A.M.
3. February 12, 2021 at 9:00 A.M.
4. March 12, 2021 at 9:00 A.M.
5. April 9, 2021 at 9:00 A.M.
6. May 14, 2021 at 9:00 A.M.
7. June 11, 2021 at 9:00 A.M.
8. July 9, 2021 at 9:00 A.M.
9. August 13, 2021 at 9:00 A.M.
VII. Communication from the Public (3 min. maximum)
Mr. Bob Ganger, Town of Gulf Stream resident, found a box of
documents regarding the 1970's restoration of oceanfront beaches that he
will be donating to the Delray Beach Historical Society. Mr. Ganger
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Regular Meeting & Public Hearing
Held November 13, 2020 @ 9:00 A.M.
gave a little history of what he found in the box and gave the Town
Commission a handout with historical information as he thought it was
significant to Gulf Stream. Mayor Morgan agreed that it was very
interesting and thanked him for all he had done in bringing historical
significance to Gulf Stream.
Mayor Morgan introduced a video sent by the Florida League of
Cities honoring Commissioner Joan Orthwein with the Mayor John Land
Years of Service Award for 25 years of service to Gulf Stream. Mayor
Morgan added that she had really served 32 years as she was on the
Architectural Review and Planning Board for seven years and served as
Chairman of that Board before moving on to the Commission where she
served as Vice Mayor for many years, as well as Mayor, of Gulf Stream.
He spoke of Commissioner Orthwein's intellect, integrity, honesty, and
sense of humor that has helped lead Gulf Stream forward through the 25
years she has spent on the Town Commission. Mayor Morgan then presented
her with a plaque and pin also sent by the Florida League of Cities.
Commissioner Orthwein thanked everyone and stated it was an honor to
serve on the Town Commission.
VIII. Public Hearing.
A. Petition for Abandonment
1. Declaration of Ex-Parte Communications
Vice Mayor Stanley stated he had spoken to the applicant's
legal counsel.
2. Administer Oaths
Town Clerk Taylor swore in James and Nadia Davis.
3. Application for Abandonment filed by Blaine C. Dickenson,
Esq. as agent for James R. Davis, Jr. of 588 Banyan Road,
Gulf Stream, Florida 33483
Assistant Town Attorney Nazzaro explained this was a
petition for abandonment at the end of Banyan Road in front of 588
Banyan Road, which is owned by the Davis's. Mr. Nazzaro added he had
spoken to Town Attorney Randolph who advised getting an appraisal and
the two parties settling on a privilege fee or dollar amount for the
abandonment. Mr. Nazzaro stated the abandonment is approximately 2,500
sq. ft. of a public road that there would be no negative effects to
services or the use of emergency vehicles accessing the properties on
Banyan. He added the appraisal put the approximate value of the 2,500
sq. ft. at $525,000 and the Davis's were willing to pay $200,000.
Mr. James Davis thanked the Staff and Commissioners for
evaluating their application and wanted this to be a win -win for all
involved. Mr. Davis went into an explanation of market values and
comparisons with other lots in town. There was discussion amongst the
Commissioners about being fiduciaries for the Town and being fair and
objective to all parties involved. The Commission decided on going with
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the best comparable property at a price of $347,500.00. Mr. Davis said
he would think about it and get back to the Commission.
IX. Reports.
A. Town Manager
1. Utility Undergrounding
Town Manager Dunham stated Comcast was completing their
task of getting their current customers hooked up to fiber. He added
staff had met with AT&T out in the field to identify how many conduits
they needed to finish their work. Town Manager Dunham said the Town
could expect an estimate from Wilco for the scope of work needed to
finish but it needed to be done so FMC could complete the work on AlA.
He added that the staff was asking for authorization from the Commission
to contract with Wilco on an amount not to exceed $25,000 piggybacking
on a Wilco Publicly Bid contract with another city to do the work. Town
Manager Dunham reiterated that it was important to get the work done in
the next week or two before Harddrives is able to do the milling and
asphalting so time was of the essence. Mayor Morgan asked if money was
already budgeted for this to which Town Manager Dunham stated that Wilco
had already been paid so the Town would need a new contract. Assistant
Town Attorney Nazzaro stated that Wilco had completed everything
according to the plan and this would be an additional request by AT&T
that the Town was treating separate. Town Manager Dunham added that
this was similar to a change order. Vice Mayor Stanley made a motion to
approve a contract with wilco to finish the AT&T work, not to exceed
$25,000. The motion was seconded by Commissioner Orthwein with all
voting AYE at roll call.
2. Update-AlA Water Main Replacement
Town Manager Dunham stated FMC was finished installing all
the new water mains, abandoned the existing water main, completed all
the tie-ins, and all the bacterial testing had been completed and signed
off by the Health Department. He added the only thing left was the
milling and asphalting of all three roads.
3. Update -Minor Road & Drainage Repairs (Core Area)
Town Manager Dunham stated that the goal was to have from
Old School up to Lakeview completed in the next 10 days and then they
would begin to work on Gulfstream Road beginning at Golfview going
North.
4. Flood Vulnerability & Mitigation
Town Manager Dunham stated he had asked Baxter & Woodman's
Water Drainage Division Manager to do a short study to assess the King
Tide issues in Town, examining the Town's vulnerability and using the
County's latest Lidar information, which will provide detailed
topographic elevation. He added that some solutions may be sea wall
modifications or earthen grading. Town Manager Dunham stated they would
also be looking at the outfall pipes according to the Town's NPDES
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permit. He added the Town has 14 outfall pipes, but the Town only has
five check valves which need replacement. A presentation from them
would be made in December, he said.
5. Replacement of Town Hall Generator Fuel Tank
Town Manager Dunham stated the Town Hall Generator fuel
tank needed to be replaced. Vice Mayor Stanley stated this should be
replaced before the next storm season. Town Manager Dunham stated that
estimates would be forthcoming.
6. In -Season Construction Activities
Town Manager Dunham reminded everyone that December 1,
2020 was the start of season but wanted them to know that construction
activities can still be going on, just not noisy construction such as
pile driving, sandblasting, jackhammers, etc. He added that the Code
allowed there to be some exemptions from that, on a temporary basis.
Mayor Morgan suggested that the arrival and departure times would be
enforced to which Town Manager Dunham agreed. Commissioner Orthwein
wanted to clarify that indoor work, such as painting, was allowed, to
which Town Manager Dunham agreed and added that was the only work
allowed on Saturday during season.
B. Architectural Review & Planning Board
1. Meeting Dates
a. November 19, 2020 at 8:30 A.M.
b. December 17, 2020 at 8:30 A.M.
c. January 28, 2021 at 8:30 A.M.
d. February 25, 2021 at 8:30 A.M.
e. March 25, 2021 at 8:30 A.M.
f. April 22, 2021 at 8:30 A.M.
g. May 27, 2021 at 8:30 A.M.
h. June 25, 2021 at 8:30 A.M.
i. July 22,2021 at 8:30 A.M.
Mayor Morgan called attention to these dates.
C. Finance Director
1. Financial Report as of October 31, 2020
Town Manager Dunham referred to CFO Tew. She stated that
the Town ended the year in a good position and wanted to remind the
Commission that the revenue and expenditures would continue to be
allocated to FY 2020 until November 30, 2020.
D. Police Chief
1. Activity for October 2020
Chief Allen asked that the report be accepted as submitted
and mentioned the two cars that had been taken. One of them had been
recovered and one was still missing and again it was due to cars being
unlocked with the key fobs left in the car. Chief Allen stated as
people are coming back into town, he has the officers knocking on doors
to remind them to lock their cars. He then introduced a new officer,
Justin Menard, who came from serving for 25 years with the Florida
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held November 13, 2020 @ 9:00 A.M.
Highway Patrol. Mayor Morgan stated he had received some phone calls
from residents who were pleased to see the additional coverage in town
with the addition to the Police Department. With that, Chief Allen gave
the news of an officer who had resigned, so they were back looking for
another officer to take his place.
X. Items for Commission Action.
A. Proclamation
Town Clerk Taylor read a Proclamation by Mayor Morgan
proclaiming November 26, 2020 as Marilyn Gooder Mayer Day in
the Town of Gulf Stream, FL in recognition of her 100th
birthday. Mayor Morgan added that the Mrs. Mayer was a
remarkable woman and the proclamation summarized her as an
outstanding person. Commissioner Orthwein thanked everyone
for the proclamation and stated that Mrs. Mayer had wanted to
be at Town Hall to accept the proclamation but was being very
cautious as family was coming in for her birthday and she
wanted to be in good health when they arrived.
B. Resolution No. 20-12; A RESOLUTION OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE
APPROPRIATIONS OF BUDGET REVENUES AND EXPENDITURES IN THE
GENERAL FUND FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2020;
PROVIDING AN EFFECTIVE DATE.
Town Clerk Taylor read Resolution No.20-12; A RESOLUTION OF
THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA
PROVIDING FOR THE APPROPRIATIONS OF BUDGET REVENUES AND
EXPENDITURES IN THE GENERAL FUND FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 2020; PROVIDING AN EFFECTIVE DATE. BE IT RESOVED
BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA
THAT THE FOLLOWING REAPPROPRIATIONS BE MADE:
Debit Credit
Misc. Prof. Services -Building
Inspections (Expenditure) 351592
Inspection Fee (Revenue) 35,592
Contracted Legal Services 36,185
Contingency - Miscellaneous 36,185
PASSED AND ADOPTED THIS 13thDAY OF NOVEMBER 2020.
Commissioner Orthwein made a motion to adopt Resolution
No. 20-12. Commissioner White seconded the motion with all
voting AYE at roll call.
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C. Palm Beach County Law Enforcement Mutual Aid Agreement
Town Manager Dunham stated 26 Law Enforcement Agencies sign on
to this agreement every year allowing them to all aide each other if
needed. Vice Mayor Stanley made a motion to approve the PBC Law
Enforcement Mutual Aid Agreement. Commissioner White seconded the
motion with all voting AYE at roll call.
D. Bid Award #20-001, Double Detector Check Valve
Water Supervisor Beltran explained this was a piece of
equipment that is now under ground and the State doesn't allow that
anymore and this one is leaking water, so it needs to be changed. Town
Manager Dunham stated the low bid was with Southern Pipeline and the
staff would recommend accepting that bid. Commissioner White asked
where it was going to be located to which Mr. Beltran explained and told
her it would be covered with shrubbery. Vice Mayor Stanley made a
motion to approve the $38,750.00 bid by Southern Pipeline for the Double
Detector Check Valve. Commissioner Orthwein seconded the motion with
all voting AYE at roll call.
E. Appointment of a Special Magistrate
Assistant Town Attorney explained that the Special Magistrate
for the Town of Gulf Stream is appointed by the Town Commission for a
two-year term. He added that in dealing with some code enforcement
issues, the staff realized that the Town does not have an active
contract with a Special Magistrate. Assistant Town Attorney recommended
Keith Davis as he represents municipalities exclusively and has agreed
to serve as the Town's Special Magistrate for a rate of $190 per hour.
Commissioner Orthwein made a motion to approve Keith Davis as the Town's
Special Magistrate. The motion was seconded by Vice Mayor Stanley with
all voting AYE at roll call.
F. Items by Mayor & Commissioners
There was none.
XI. Adjournment.
Mayor Morgan adjourned the meeting at 10:20 A.M.
Renee Basel
Assistant Town Clerk
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