HomeMy Public PortalAbout05 14 2021 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN
COMMISSION, OF THE TOWN OF GULF STREAM ON FRIDAY, MAY 14, 2021, 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 9:03 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
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
Chief of Police
Town Clerk
A. Regular Meeting of April 9, 2021.
Commissioner Orthwein made a motion to approve the minutes of
the Regular Meeting of April 9, 2021. Vice Mayor Stanley seconded the
motion with all voting AYE at roll call.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Town Manager Dunham stated that item X.2 would be withdrawn and
adding g. to item VIII. 3. Town Manager Dunham stated he was
withdrawing item 3 (artificial grass) from his report and adding two
additional items to his report.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. June 11, 2021, at 9:00 A.M.
2. July 9, 2021, at 9:00 A.M.
3. August 13, 2021, at 9:00 A.M.
4. September 10, 2021, at 9:00 A.M.
5. October 8, 2021, at 9:00 A.M.
Mayor Morgan called attention to the dates.
VII. Communication from the Public (3 min. maximum)
A. Senator Lori Berman -Legislative Update
Senator Berman stated they had finished the Legislative
Session and had passed a balanced budget of 101 billion dollars in both
chambers with a unanimous vote. She commended Assistant Town Attorney
Nazzaro for his work on the bill regarding building design elements and
then gave an update on different items that happened during legislation.
B. Comcast Update
Steve Rosa, Comcast rep, stated they were starting to wreck -
out and were trying to be cognizant of people working out of their
Minutes of Town Commission
Regular Meeting & Public Hearing
Held May 14, 2021 @ 9:00 A.M.
homes, students who are attending school on-line, etc. He added they
were 35% complete at the south end and had just been approved to start
on the north end. Town Manager Dunham asked for clarification on the
north end if that meant wrecking was going to begin to which Mr. Rosa
stated it was not wrecking but pulling new cable underground by the
Little Club which should take another three months. Mayor Morgan
questioned the timetable and stated Mr. Rosa had said they were almost
finished five or six months ago and added that AT&T had already
completed their work and removed their lines. Mayor Morgan questioned
why the Town was being told Comcast was only 35% done when six months
ago they were told everything was almost complete. Mr. Rosa blamed the
delay on the residents not having made their appointments to switch over
and stated he could just shut everything down but then the customers
would not be happy. Mayor Morgan stated that had already been decided
and letters sent out that customers would be shut off if they had not
contacted Comcast and could not believe that Mr. Rosa was stating there
was still undergrounding to be done. Mr. Rosa stated he was controlled
by maintenance as to what could be wrecked out. Mayor Morgan stated Mr.
Rosa had come into past meetings giving dates that Comcast would be
finished which, in turn, letters were sent out to the residents relaying
those updates received by Mr. Rosa. Mr. Rosa stated he never gave
completion dates to which Mayor Morgan disagreed. Mr. Rosa then
apologized if he misled anyone and stated they had run into issues and
problems that no one had record of, and he was trying to fix them yet
keep everyone happy and added he had not received any complaints from
homeowners. Town Manager Dunham told Mr. Rosa that approximately three
to four weeks ago, Jeannine McEnroe, the Construction Manager from
Comcast, had stated all the wrecking was complete. Mr. Rosa stated he
was the boots on the ground and would tell the Town exactly what was
going on before office staff would know and added there was a lack of
communication within Comcast. Town Manager Dunham then stated that this
was the first the Town was hearing that it was going to be three more
months before completion and added that Mr. Rosa needed to tell the
office because the Town was getting different information. Town Manager
Dunham also stated that he was told if the customers had not made their
appointments to switch over it would not slow down the wrecking at all.
Mr. Rosa reiterated he had to wait for maintenance to let him know what
he could wreck out. Mayor Morgan then gave the green light for Mr. Rosa
to shut down even if a customer had not switched over because he wanted
this job finished. Town Manager Dunham added that FP&L was just waiting
for Comcast to get finished before they could take down the old poles
and put in the new streetlights. Commissioner Lyons stated he was in
shock when Mr. Rosa had said there was still undergrounding that needed
to be finished and suggested setting up a weekly progress meeting with
Comcast and the Town to which Town Manager Dunham agreed.
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held May 14, 2021 @ 9:00 A.M.
VIII. PUBLIC HEARING.
A. Declaration of Ex-Parte Communication
There was none.
B. Administer Oaths
Town Clerk Taylor swore in Bill Wietsma, Kent Robbins, Mike
Cavelli, Rustem Kupi, Dave Bodker, Joe Pike, Chris Cabezas,
Art Tiedeman and John Metzger.
C. Applications for Development Approval
1. An application submitted by William Wietsma, Agent for
Joanne F. Hayes, the owner of property located at 1060 N.
Ocean Blvd., Gulf Stream, Florida, which is legally
described as the East 54 ft. of the West 262.5 ft. of Lot
14A and the East 54 ft. of the West 262.5 ft. of Lot 15A,
Block D, Revised Plat of Block D and Block E, Palm Beach
Shore Acres (Ocean Boulevard Estates) together with an
easement for ingress and egress over the South 15 ft. of
the North 40 ft. of Lot 15A.
a. Demolition Permit to remove structures on the property
to prepare for new construction.
b. Variance to permit construction of a new dwelling on
the same footprint, using the existing building
setbacks of the existing building, which are the same
as the existing neighboring structures.
c. Level 3 Architectural/Site Plan Review to permit the
construction of a 2,647 sq. ft. Gulf Stream Bermuda,
single story dwelling, the finished floor elevation of
which will be increased to 9.53 NAVD (an increase of
1.5 ft.) to match that of the neighboring dwellings,
and an attached garage.
Mr. Bill Wietsma, Architect, explained that the house
is a foot and a half lower than the houses on either side of it. He
stated they wanted to demolish the existing house and construct a new
Bermuda -style cottage using the same footprint but increasing the floor
elevation 1.5 ft. to match the neighboring dwellings. He added that
all the neighbors were in favor.
Vice Mayor Stanley made a motion to approve a
demolition permit to remove structures on the property to prepare for
new construction. Commissioner Orthwein seconded the motion with all
voting AYE at roll call.
Vice Mayor Stanley made a motion to approve a variance
to permit construction of a new dwelling on the same footprint using the
existing building setback of the existing building, which are the same
as the existing neighboring structures. He added that all eight
criteria had been met regarding the variance. The motion was seconded
by Commissioner Orthwein with all voting AYE at roll call.
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held May 14, 2021 @ 9:00 A.M.
Vice Mayor Stanley made a motion to approve the
construction of a 2,647 sq. ft. Gulf Stream Bermuda, single -story
dwelling, the finished floor elevation of which will be increased to
9.53 NAVD (an increase of 1.5 ft.) to match that of the neighboring
dwellings, and an attached garage. Commissioner Orthwein seconded the
motion with all voting AYE at roll call.
2. An application submitted by Schulke, Bittle & Stoddard,
LLC, as Agent for the owners Stephen & Helen Benjamin,
1200 N. Ocean Blvd. and Thomas & Bettina Smith, 1122 N.
Ocean Blvd., which are legally described as Parcel 1: Golf
Course Addition Lt 9 and Parcel 2: Golf Course Add Lt 7
(LESS Ely 294.12 FT.) & Lot 8 (Less WLY32.14 FT.) & 9-46-
43, SLY 211.12 FT. of NLY 240.12 FT. of ELY 112.49 FT. of
NE 1/4 LYG S of & ADJ TO TR R PB115P173 & W of & ADJ TO
PBlOP75 (LESS NLY 179.72 FT. of WLY 31.50 FT.) & NLY 29 FT.
of ELY 720.49 FT. of NE 1/4 LYG S of & ADJ TO PB36 P110 &
TR R PNB115P173 & W of & ADJ to PB10P75.
LEVEL III ARCHITECTURAL/SITE PLAN REVIEW & DEMO PERMIT
a. Construction of a new bulkhead landward
of existing bulkhead.
b. Construction of docks & a boatlift.
c. Construction of site walls to retain existing
Grades.
Mr. Kent Robbins, Attorney, gave a detailed
PowerPoint presentation. Mr. Art Tiedeman stated the industry was
moving away from the traditional concrete -style seawalls and gave a
detailed presentation explaining how the Truline seawall system works.
Vice Mayor Stanley asked about the screening being done as different
boats had different heights, etc. Mr. Chris Cabezas walked the
Commissioners through what was going to be removed and added as far as
vegetation. Town Manager Dunham reminded the Commissioners that the
ARPB had already approved the Landscape Plan as it was a Level II
Application. Commissioner Lyons stated he had reviewed the ARPB
meetings and the dialogue between the applicant and the neighbors. He
felt the applicant had been responsive in meeting all the concerns
raised by the neighbors. Cuppy Kraft, Town resident, questioned the
noise levels of the boats when they are starting up to which Mr.
Robbins stated it would be as quiet as a marine boat could be.
Vice Mayor Stanley made a motion to approve a Demolition Permit
and a Level III Architectural/Site Plan based on a finding that the
construction of a new bulkhead landward of the existing bulkhead, the
construction of two docks and a boatlift and the construction of new
site walls to retain existing grades meets the minimum intent of the
Design Manual and applicable review standards. Commissioner Orthwein
seconded the motion with all voting AYE at roll call.
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held May 14, 2021 @ 9:00 A.M.
3. An application submitted by Cary Glickstein of Ironwood
Development, Inc. as agent for the Gulf Stream Golf Club
and Florida Inland Navigation District, owners of
property east of U.S. Highway 1 and north of the Place au
Soleil Subdivision as further described in the requested
approvals.
a. Comprehensive Plan Amendment to convert the site's
existing Future Land Use Designation from P (Public) and
REC (Recreation) to SF (Single Family Residential) and P
(Public)
ORDINANCE NO. 21/1
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA
AMENDING THE FUTURE LAND USE MAP OF THE TOWN'S
ADOPTED COMPREHENSIVE PLAN RE -DESIGNATING 4.154
ACRES, MORE OF LESS, IN SIZE FROM P (PUBLIC) TO SF
(SINGLE FAMILY RESIDENTIAL), 4.158 ACRES, MORE OR
LESS, IN SIZE FROM REC (RECREATION) TO P (PUBLIC),
AND 3.489 ACRES, MORE OR LESS, IN SIZE FROM REC
(RECREATIONAL) TO SF (SINGLE FAMILY RESIDENTIAL);
SUCH PARCELS ARE LOCATED GENERALLY EAST OF U.S.
HIGHWAY 1 AND NORTH OF THE PLACE AU SOLEIL
SUBDIVISION; AS SET FORTH HEREIN AND ATTACHED
HERETO; PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT; PROVIDING AN EFFECTIVE DATE. (second
reading & adoption)
b. Rezoning from P (Public Facilities) and OR (Outdoor
Recreational) districts to RS-P (Single Family
Residential -Place au Soleil) and P (Public Facilities)
ORDINANCE NO. 21/2
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING THE
TOWN'S ZONING MAP TO REZONE 4.154 ACRES, MORE OR
LESS, IN SIZE FROM P (PUBLIC FACILITIES) DISTRICT TO
RS-P (RESIDENTIAL SINGLE FAMILY -PLACE AU SOLEIL)
DISTRICT, 4.158 ACRES, MORE OR LESS, IN SIZE FROM OR
(OUTDOOR RECREATIONAL) DISTRICT TO P (PUBLIC
FACILITIES) DISTRICT, AND 3.489 ACRES, MORE OR LESS,
IN SIZE FROM OR (OUTDOOR RECREATIONAL) DISTRICT TO
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held May 14, 2021 @ 9:00 A.M.
RS-P (RESIDENTIAL SINGLE FAMILY -PLACE AU SOLEIL)
DISTRICT; SUCH PARCELS ARE LOCATED GENERALLY EAST OF
U.S. HIGHWAY 1 AND NORTH OF THE PLACE AU SOLEIL
SUBDIVISION; AS SET FORTH HEREIN AND ATTACHED
HERETO; PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT; PROVIDING AN EFFECTIVE DATE. (second
reading & adoption)
C. Text Amendment to the RS-P (Single Family
Residential -Place Au Soleil) regulations to allow for a
10-foot rear setback for pools in Place au Soleil
Addition No. 2.
ORDINANCE NO. 21/3
AN ORDINANACE OF THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING THE
TOWN CODE OF ORDINANCES AT CHAPTER 70-GULF STREAM
DESIGN MANUAL; ARTICLE IV -SITE DEVELOPMENT
REGULATIONS; SECTION 70-74-SETBACKS, TO PROVIDE FOR
A REDUCED REAR SETBACK FOR POOLS APPLICABLE TO SOME
HOMES IN PLACE AU SOLEIL ADDITION NO. 2; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES
IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING
AN EFFECTIVE DATE. (second reading & adoption)
d. Level 3 Site Plan/Subdivision Approval for a 14-Lot
Subdivision on 7.64 Acres.
e. Concurrency Certification to Confirm Municipal
Services Are Available for the Proposed 14 Units.
f. Development Agreement Between Bluewater Cove -Gulf
Stream LLC and the Town of Gulf Stream.
g. Land Clearing Permit
Mr. John Metzger, Attorney, gave a brief synopsis of
what was happening with Bluewater Cove. Mr. Mike Cavelli stated they
had given an in-depth presentation at prior meetings and added they had
met all state approvals as well as concurrency and traffic issues with
no objections. Mr. Rustem Kupi and Mr. Dave Bodker stated nothing had
changed from the original presentation. Mr. Bodker stated they were
requesting a Land Clearing Permit because the site was overgrown with
nuisance species that needed to be removed prior to doing the tree
survey because of the density. He added the Town allowed the removal of
the nuisance species and a tree survey was provided for part of the
site, and another was forthcoming for the remaining part of the site.
Mr. Bodker stated he had done an inventory of the existing plants and
gave the breakdown.
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held May 14, 2021 @ 9:00 A.M.
Commissioner Lyons recused himself from voting due to a conflict
of interest. Assistant Town Attorney Nazzaro stated the staff had met
with the applicant regarding the sewage system and who would be
responsible for it. The staff wanted to have Delray Beach be
responsible but wanted to make sure the Commission was in agreement to
which they were.
Vice Mayor Stanley made a motion to approve and adopt Ordinance
No. 21/1, Comprehensive Plan Amendment. Town Clerk Taylor read
Ordinance No. 21/1 providing an effective date of May 14, 2021, on the
second reading and adoption. Commissioner Orthwein seconded the motion
with all voting AYE at roll call.
Vice Mayor Stanley made a motion to approve and adopt Ordinance
No. 21/2, Rezoning. Town Clerk Taylor read Ordinance No. 21/2 providing
an effective date of May 14, 2021, on the second reading and adoption.
Commissioner White seconded the motion with all voting AYE at roll call.
Vice Mayor Stanley made a motion to approve and adopt Ordinance
No. 21/3, Text Amendment. Town Clerk Taylor read Ordinance No. 21/3
providing an effective date of May 14, 2021, on the second reading and
adoption.
Vice Mayor Stanley made a motion to approve a Level III Site
Plan/Subdivision based on a finding that a 14-lot subdivision on 7.64
acres meet the minimum standards contained in Chapter 62, Subdivisions,
and other applicable review standards. Commissioner white seconded the
motion with all voting AYE at roll call.
Vice Mayor Stanley made a motion to approve a Concurrency
Certification to confirm municipal services are available for the
proposed 14 units. Commissioner White seconded the motion with all
voting AYE at roll call.
Vice Mayor Stanley made a motion to approve a Developer's
Agreement between Bluewater Cove - Gulfstream LLC and the Town of Gulf
Stream. Commissioner White seconded the motion with all voting AYE at
roll call.
Vice Mayor Stanley made a motion to approve a Land Clearing
Permit pending approval of a tree disposition plan submitted to the Town
Manager. Commissioner White seconded the motion with all voting AYE at
roll call.
IX. Reports.
A. Town Manager
1. Utility Undergrounding
Town Manager Dunham stated AT&T had completed their
wrecking, but they were awaiting Mr. Danny Brannon to sign off on issues
identified on a previous walk-through. He added FP&L was awaiting
permission to work under the existing permit used for the
undergrounding. There was a bit more discussion regarding Comcast and
what Mr. Rosa had brought up earlier in the meeting, but Mayor Morgan
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held May 14, 2021 @ 9:00 A.M.
ended the conversation stating that horse had already been flogged to
death.
2. Australian Pines
Town Manager Dunham stated that the Town was recommending
a maintenance agreement with Barton Tree Service to do an annual check-
up of the tree inventory of 754 Australian Pines. He added that the
Town was recommending an Australian Pine Tree Farm to produce new trees
that will be needed to replace any that need to be taken out. Mayor
Morgan asked if Barton would be taking care of the tree farm as he did
not want Ms. Taylor to have to oversee that. Town Manager Dunham
thought the maintenance crew could handle the ones growing behind the
maintenance building and wanted to start there for the time being. The
Commissioners agreed this needed to be addressed and it was important to
the history of the Town. Discussion was had as to whether the land
behind the maintenance building was going to be used for the tree farm
or go off -site and it was decided to adapt as needed for the time being
by starting with the seeds in the pots.
3. Artificial Grass
This item was withdrawn.
4. Gate Houses
Town Manager Dunham stated there had been some comments
from the public regarding the gate houses at 2929 and 3565 N. Ocean
Blvd. and how close they were to AlA. He asked if the Commissioners
wanted the Staff to do research or if they were comfortable with the
Code as it presently reads. Assistant Town Attorney Nazzaro stated it
was a special exception use only in the Beachfront District and read the
Code specifics. Discussion was had that the gate houses had gone from
their original intention and were really being turned into guest houses.
Vice Mayor Stanley asked the Staff to do a survey of how many gate
houses there were in Town as well as a snapshot of the Code regarding
accessory structures and then a staff recommendation to eliminate these
structures from the Code if that is where the staff was headed.
5. TAG Contract
Town Manager Dunham stated the Town was going to extend
the disaster removal contract for another year. He explained that the
Town had three one-year extensions, and this would be the second.
6. Grant Funds Approval
Town Manager Dunham stated every year the Palm Beach
County Criminal Justice Commission requires approval from the towns and
cities on how to spend grant monies received. Vice Mayor Stanley made a
motion to approve the Grant Funds as presented. Commissioner Orthwein
seconded the motion with all voting AYE at roll call.
B. Architectural Review & Planning Board
1. Meeting Dates
a. June 3, 2021, at 8:30 A.M.
Minutes of Town Commission
Regular Meeting & Public Hearing
Held May 14, 2021 @ 9:00 A.M.
The May meeting and the June meeting will be combined
and held on June 3, 2021, at 8:30 A.M.
b. July 22, 2021, at 8:30 A.M.
C. No August meeting.
d. September 23, 2021, at 8:30 A.M.
e. October 28, 2021, at 8:30 A.M.
Mayor Morgan called attention to the dates.
C. Finance Director
1. Financial Report for April 2021
CFO Tew explained the issues regarding payroll and that it
should all be straightened out by the next meeting since the Town had
begun outsourcing payroll and were waiting on Paycor to finish items on
their end of the spectrum. Mayor Morgan accepted the report as
submitted.
D. Police Chief
1. Activity for April 2021
Chief Allen asked that the report be accepted as
submitted. He added they were in the final interview stages for a new
police officer. Mayor Morgan accepted the report as submitted.
X. Items for Commission Action.
1. ORDINANCE NO. 21/4
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE
OF ORDINANACES AT CHAPTER 66-ZONING; ARTICLE VI -DISTRICT
REGULATIONS; DIVISION 4-OR OUTDOOR RECREATIONAL DISTRICT;
SECTION 66-254-SPECIAL EXCEPTIONS, TO PROVIDE FOR A
SPECIAL EXCEPTION FOR REVERSE OSMOSIS WATER PLANTS
ASSOCIATED WITH A GOLF COURSE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING
FOR CODIFICATION, PROVIDING AN EFFECTIVE DATE. (first
reading)
Town Clerk Taylor read Ordinance No. 21/4 effective on
first reading May 14, 2021. Commissioner Lyons recused himself from the
vote due to a conflict of interest. Commissioner Orthwein made a motion
to approve Ordinance No. 21/4 on first reading. Vice Mayor Stanley
seconded the motion with all voting AYE at roll call.
2. ORDINANCE NO. 21/5
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE FUTURE
LAND USE ELEMENT AND PLAN TO IDENTIFY THREE (3) HISTORIC
DISTRICTS WITHIN THE TOWN'S COMPREHENSIVE PLAN AS SET
FORTH HEREIN AND ATTACHED HERETO; PROVIDING FOR SEVER-
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held May 14, 2021 @ 9:00 A.M.
ABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE.
(f irst reading)
This item was withdrawn from the Agenda.
3. Agreement for Special Magistrate Services.
Assistant Town Attorney Nazzaro explained this was an
agreement so the Town would have a Special Magistrate when needed. Vice
Mayor Stanley made a motion to approve the agreement. Commissioner
Orthwein seconded the motion with all voting AYE at roll call.
4. Appointment of Alternate Member for ARPB.
Mayor Morgan stated Rob Canfield, Town resident, was an
applicant for consideration as an alternate member for the ARPB.
Commissioner Orthwein stated she wanted to make sure he would be
available for meetings since it seemed to be difficult to get a quorum
available and that members needed to be more responsible with their
commitment to sit on the Board. Commissioner White gave Mr. Canfield a
good recommendation and stated he seemed responsible and sat on the
board of the Place au Soleil HOA. Vice Mayor Stanley made a motion to
approve Mr. Rob Canfield as an alternate member for the ARPB. The
motion was seconded by Commissioner White with all voting AYE at roll
call.
5. Interlocal Agreement with Solid Waste Authority for the
Delivery of Municipal Solid Waste and a Municipal Revenue
Sharing Recycling Program.
Town Manager Dunham stated the SWA had made amendments to
their agreement with towns and cities and were needing a signature of
agreement or non -agreement and it was the Town's recommendation to
approve the agreement. Vice Mayor Stanley made a motion to approve the
agreement. Commissioner White seconded the motion with all voting AYE
at roll call.
6. Procurement of Electronic Smart Meters, Meter Boxes, and
Installation Services.
Assistant Town Attorney Nazzaro stated they were asking to
purchase the meters from the distributors at a price of $268,673.74
which would replace all the meters in Town. He added there was a $5,000
annual subscription and a one-time fee to read the radio signals that
communicate with the meters, a one-time fee for software integration
into the Town's utility billing software and a one-time fee of $2,500
for on -site training included in that price. He added they were
receiving quotes to piggy -back for the meter boxes and installation
services and would have that at next month's meeting. Vice Mayor
Stanley made a motion to approve the purchase of the smart meters at a
price of $268,673.74. Commissioner Orthwein seconded the motion with
all voting AYE at roll call.
7. Payment of Legal Services-Shraiberg, Landau, & Page P.A.
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held May 14, 2021 @ 9:00 A.M.
Assistant Town Attorney Nazzaro stated Bob Sweetapple was
asking the Town to pay his attorneys fees for his defense in a sanctions
action stemming from the Town's public records litigation. He added Mr.
Sweetapple's personal attorney's fees from Shraiberg, Landau & Page were
$43,000, but that figure was reduced as a courtesy and Mr. Sweetapple is
asking that the Town pay the reduced fee of $21,569.73 and a smaller fee
to Pankauski Hauser in the amount of $2,100. Mayor Morgan stated it was
an outrageous situation where the state court judge directed Mr.
Sweetapple to conclude the case and make a closing argument, which he
did. He added the plaintiffs then took that to a bankruptcy judge to
argue that it was a violation of federal law. Mayor Morgan stated that
Mr. Sweetapple had no choice but to make his argument as directed by the
state court judge, but the bankruptcy court judge then sanctioned Mr.
Sweetapple for that. Mayor Morgan added that it seemed to him that it
was the responsibility of the Town since Mr. Sweetapple was hired by the
Town to defend it and he did so to the best of his ability. Vice Mayor
Stanley added that there were layers upon layers of claims and
counterclaims and agreed with Mayor Morgan that it was the Town's
responsibility. Vice Mayor Stanley made a motion to approve the fees tc
the two law firms on behalf of Mr. Sweetapple as presented by Mr.
Nazzaro. Commissioner Orthwein seconded the motion with all voting AYE
at roll call.
XI. Items by Mayor & Commissioners
There were none.
XII. Adjournment.
Mayor Morgan adjourned the meeting at 11:03 A.M.
Rene6 Basel
Assistant Town Clerk
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