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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 Minutes of Town Commission 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 2 Minutes of Town Commission Regular Meeting & Public Hearing Held November 13, 2020 @ 9:00 A.M. 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 3 Minutes of Town Commission Regular Meeting & Public Hearing Held November 13, 2020 @ 9:00 A.M. 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 V 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. 5 Minutes of Town Commission Regular Meeting & Public Hearing Held November 13, 2020 @ 9:00 A.M. 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 0