HomeMy Public PortalAbout06 11 2021 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN
COMMISSION, OF THE TOWN OF GULF STREAM ON FRIDAY, JUKE 11, 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
Paul A. Lyons, Jr. Commissioner
Donna S. White Commissioner
Also Present &
Participating:
Absent w/notice
IV. Minutes.
Gregory Dunham
Edward Nazzaro
Edward Allen
Rita Taylor
Thomas W. Stanley
Joan Orthwein
Town Manager
Asst. Town Attorney
Chief of Police
Town Clerk
Vice Mayor
Commissioner
A. Local Planning Agency of May 14, 2021
B. Regular Town Commission Meeting of May 14, 2021
Commissioner White made a motion to accept the minutes of the
LPA Meeting and Regular Town Commission Meeting on May 14, 2021.
Commissioner Lyons seconded the motion with all voting AYE at roll call.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Town Manager Dunham moved the Utility Undergrounding Report to be
under Communication from Public VII. B., as well as added two more items
under his report. Item VIII. C. 1. was withdrawn because Commissioner
Lyons recused himself and there was not a quorum due to absenteeism.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. July 9, 2021, at 9:00 A.M.
2. August 13, 2021, at 9:00 A.M.
3. September 10, 2021, at 9:00 A.M.
4. October 8, 2021, at 9:00 A.M.
5. November 12, 2021, at 9:00 A.M.
6. December 10, 2021, at 9:00 A.M.
Mayor Morgan called attention to the dates.
VII. Communication from the Public (5 min. maximum)
A. International Institute of Municipal Clerks Presentation from
Florida Association of City Clerks, Southeast Director,
Lanelda Gaskins, in Recognition of Renee Basel receiving the
designation of Certified Municipal Clerk.
Minutes of Town Commission
Regular Meeting & Public Hearing
Held June 11, 2021 @ 9:00 A.M.
Lanelda Gaskins, Highland Beach Town Clerk and FACC Southeast
Director, presented Assistant Town Clerk Basel with a plaque and pin
from the International Institute of Municipal Clerks upon completing all
education needed to receive her Clerk's Certification. Ms. Gaskins gave
remarks and kind,words spoken about Mrs. Basel from Town Clerk Taylor
and CFO Tew. Town Manager Dunham and Mayor Morgan also commended Mrs.
Basel on a job well done and how proud they were of her and this
accomplishment knowing this required dedication above and beyond her
normal duties and responsibilities.
Town Manager Dunham added that other employees had received
accolades including CFO Tew, who will be voted in as Vice President of
the Palm Beach County Chapter of the Florida Government Financial
Officers Association, which then puts her in line for President
following her run as VP; Anthony Beltran, Water Supervisor, successfully
completed all requirements to be fully qualified through the Florida
Department of Environmental Protections Stormwater Erosion and
Sedimentation Control Inspector Trained Program so he is now a qualified
Stormwater Management Inspector; Assistant Town Attorney Nazzaro
recently received the Florida League of Cities Home Rule Hero Award for
his outspoken advocacy for municipal home rule protection during this
year's state legislation. Mayor Morgan congratulated everyone for the
remarkable achievements and stated the Town was grateful to have such
employees. Commissioner Lyons stated that Town Manager Dunham's
leadership qualities clearly had something to do with the development of
the Town staff.
Margo Stahl and James Gammon, Town residents living at 3851 N.
Ocean Blvd., wanted to discuss the low water pressure issues. Mrs.
Stahl stated Mr. Dunham and Mr. Beltran had been very helpful but the
mystery remained, and they were looking forward to hearing about a
solution.
B. Utility Undergrounding
Tim Sheriff, representing Cypress Communications/Comcast,
gave an update on what had been accomplished since the last meeting and
showed where everything had been wrecked out thus far and what was left
to do stating quite a bit of progress had been made. Mayor Morgan told
him how appreciative he was for that and asked what the time frame was
for completion to which Mr. Sheriff stated he wanted to be finished by
August 15 at the latest. Mr. Sheriff added that they were going to have
to do some trenching in front of 4004, 4006 and 4008 on N. Ocean and
asked if Mr. Dunham could let their HOA's know so there were not any
surprises. Town Manager Dunham answered in the affirmative.
VIII. PUBLIC HEARING.
A. Declaration of Ex-Parte Communications
There was none.
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held June 11, 2021 @ 9:00 A.M.
B. Administer Oaths
Town Clerk Taylor swore in Russell Rosicki, Ron Bennett, and
Jeff Hiscock.
C. Applications for Development Approval
1. An application submitted by Ryan Swilley, Gulf Stream Golf
Club, as Agent for the Gulf Stream Golf Club, the owners
of property located at 2401 N. Ocean Blvd., Gulf Stream,
Florida, which is legally described as Govt. Lot 3 (less
northerly 1415.27 ft. lying east of Ocean Blvd.) & 4-46-
43, east % of southeast 1/ lying east of Intracoastal
Waterway, A/K/A the Gulf Stream Golf Course.
a. Zoning Code Text Amendment to amend Section 663-254 of
the Zoning Code to include Reverse Osmosis Water
Plants as a Special Exception in the Outdoor
Recreational District.
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. (second reading & adoption)
b. Land Clearing Permit to prepare the expanded
maintenance area for the construction of the Reverse
Osmosis Water Plant and a water tank.
c. Special Exception to permit a Reverse Osmosis Water
Plant in Outdoor Recreational District.
d. Level 3 Architectural/Site Plan Review to permit the
addition of a Reverse Osmosis Water Plant in the
maintenance area of the Gulf Stream Golf Club golf
course to supply irrigation for the golf course.
e. Developers Agreement between Gulf Stream Golf Club and
the Town of Gulf Stream with regard to the Reverse
Osmosis Water Plant.
This item was withdrawn from the Agenda.
2. An application submitted by Russell Rosicki of Design R
Architects as agent for Ryan and Nicole Weekes, owners of
property located at 2520 Avenue au Soleil, Gulf Stream,
Florida, legally described as Lot 36, Place au Soleil.
a. Demolition Permit to permit the remodeling of the
north side of the building which includes raising the
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held June 11, 2021 @ 9:00 A.M.
existing roof to allow higher ceilings and the
addition of a master bedroom.
b. Special Exception to permit the eave height to be
constructed at 10'9" which is 3" over the maximum
permitted but which will match the eave height of the
existing portion.
c. Level 3 Architectural/Site Plan Review to permit the
conversion of the sunroom to added living room space
and the additions of the master bedroom and a
pavilion, which includes an outdoor kitchen.
A presentation was made by Dr. Russell Rosicki,
Architect, to add an addition, increase ceiling heights and add a
pavilion, which would include an outdoor kitchen. Dr. Rosicki stated
they would be matching existing materials. Mayor Morgan asked Dr.
Rosicki to speak about the Special Exception to which Dr. Rosicki
explained the sunroom sat a little taller so the eave would be matching
the sunroom eave. Commissioner White asked about the pitch of the roof
and if it was enough for water drainage to which Dr. Rosicki answered in
the affirmative.
Commissioner Lyons made a motion to approve a Demolition Permit
to remodel the north side of the building which includes raising the
existing roof to allow higher ceilings and the addition of a master
bedroom. Commissioner White seconded the motion with all voting AYE at
roll call.
Commissioner Lyons made a motion to approve a Special Exception
to permit the eave height to be constructed at 10'9" which is 3" over
the maximum permitted but which will match the eave height of the
existing portion. Commissioner White seconded the motion with all
voting AYE at roll call.
Commissioner Lyons made a motion to approve a Level III
Architectural/Site Plan Review to permit the conversion of the sunroom
to added living room space and the additions of a master bedroom and a
pavilion, which includes an outdoor kitchen.
IX. Reports.
A. Auditor
1. Audit Presentation -Fiscal Year 2019-2020
Mr. Ron Bennett, representing Nowlen, Holt and Miner, gave
a detailed Audit Report and gave financial highlights. Commissioner
Lyons had a few questions that were answered to his satisfaction.
Commissioner White made a motion to accept the Auditor's Report
as presented. Commissioner Lyons seconded the motion with all voting
AYE at roll call.
B. Town Manager
1. Utility Undergrounding
Item was moved up to VII. B.
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held June 11, 2021 @ 9:00 A.M.
2. 2021 American Rescue Act Plan
Town Manager Dunham stated that in March Congress passed
a 1.9 trillion American Rescue Act Plan with 360 billion of that to be
provided to help state and local government to help with financial
ramifications tied to Covid 19. 19.5 billion of that is provided to
municipalities with populations of less than 50,000. The estimate that
the Town had been given to receive for infrastructure purposes is
$413,000.
3. Update Re: Water Pressure Issues
Town Manager Dunham stated they had a meeting with Mrs.
Stahl, Mr. Gammon, and others at Gulf Stream Shores regarding low water
pressure issues. He added he had also met with Delray Beach a couple of
times regarding the pressure issues. Mr. Dunham stated they upgraded
the lines and meters at Gulf Stream Shores to try and improve the
pressure. Mr. Dunham explained that the Town is on a looped system and
at first, they thought the problem only existed on AlA, but Place au
Soleil had been experiencing these issues as well. The staff found that
there was a spike in February and March where the numbers were unusual
compared to past years. The staff decided to go through the process of
elimination and with the help of the police force, they have been
monitoring water usage and should be finished in approximately one week.
Initial results are showing some areas in Town that are watering
excessively and they would be addressing these issues, he added, by
sending out a letter reminding the residents of the Code regarding
watering. Mr. Beltran stated that from the initial results a lot of the
extra water usage was coming from AlA, which could cause the decrease in
pressure. Town Manager Dunham stated that once the monitoring of water
usage is finished, they may have to go to individual homes as the Town's
ordinance provides for penalties to those in violation. Commissioner
Lyons suggested educating the landscape companies on Town policy. Mr.
Beltran stated he had spoken to some of the companies and made them
aware of the watering restrictions. Mrs. Stahl expressed her
appreciation in all the Town was doing to get to the bottom of this
problem and asked if the staff had spoken to Delray Beach about this
issue. Town Manager Dunham stated they had asked Delray to take some
pressure readings at the inter -connect and had not received any word
from them yet.
4. Australian Pine Tree Removal
Town Manager Dunham called attention to the proposal to
remove 13 trees and he explained the reasoning behind the removal being
the risk assessment, the condition of the tree and target areas, which
could be the road, a parking lot, overhead lines, other trees, or a golf
cart path and that the root system was also taken into consideration
when deciding if a tree needed to be removed.
5. Writing Off Bad Debt Policy
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held June 11, 2021 @ 9:00 A.M.
CFO Tew explained that prior to the current manager,
there was a procedure done at the end of every fiscal year for inactive
water accounts that had an outstanding balance that were deemed
uncollectible were moved to bad debt and erased off the books. She added
that she had not been able to locate the policy authorizing that
procedure. She stated that after making diligent efforts to collect
inactive accounts (residents who have left town, deceased residents,
etc.), she would like permission from the Commission to write the bad
debt off. CFO Tew added this had caused frustration in reconciling the
books. She added she would prefer not to get a debt collection company
involved and stated it was approximately $20,000 that had been
accumulating since 2015 and wanted a policy that permitted management to
use their discretion after diligent efforts to collect the debt that it
could be written off to keep the books clean. Mayor Morgan stated there
should be a financial limit. Commissioner Lyons stated he would like a
list at the end of every year of what accounts were outstanding. He
then wanted to know how these accounts had not been paid off through
lien searches and asked if any new cases had developed in the last two
years. CFO Tew answered there had been a discrepancy in the past when a
lien search was performed and then the time between getting a final read
to close the account. Commissioner Lyons asked if the problem had been
fixed to which CFO Tew explained that Assistant Town Clerk Basel had
worked diligently to fix this problem and it had been fixed with
increased internal controls as well. The Commissioners agreed to clean
up the books for this year, but they wanted to have a report at the end
of every year to which CFO Tew agreed to have for them in September. It
was agreed to have a resolution regarding this at the next meeting.
Commissioner Lyons made a motion to approve to write off bad
debt from inactive water accounts in the amount of approximately
$20,000. Commissioner White seconded the motion with all voting AYE at
roll call.
5. Set Budget Hearing Dates
Town Manager Dunham stated they were looking at September 10,
2021, at 4:00 P.M. for the Regular Town Commission Meeting followed by
the Tentative Budget Hearing Meeting at 5:01 P.M. and on September 22,
2021, at 5:01 P.M. for the Final Budget Hearing Meeting.
C. Baxter & Woodman, Inc.
1. Core Basin Drainage Evaluation
Mr. Jeff Hiscock gave a detailed PowerPoint presentation
with an update on the Drainage Evaluation. He gave a summary of what
had been done in Town thus far by evaluating existing conditions,
additional pumping to reduce flooding, possibly adding an additional
lake at the Little Club to reduce flooding as well as evaluating ponding
in Town. He then gave three scenarios and B&W's recommendations after
meeting with SFWMD. Mr. Hiscock was pleased with their meeting with
SFWMD and felt like they were willing to work with the Town to satisfy
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held June 11, 2021 @ 9:00 A.M.
the legal requirements. Staff from The Little Club was also present and
willing to work with the Town in finding a solution. Mayor Morgan asked
Mr. Hiscock to let the Town Staff and Little Club staff discuss and come
up with suggestions for Baxter & Woodman to take to the SFWMD.
D. Architectural Review & Planning Board
1. Meeting Dates
a. July 22, 2021, at 8:30 A.M.
b. August - no meeting
C. September 23, 2021, at 8:30 A.M.
d. October 28, 2021, at 8:30 A.M.
e. November - TBD
f. December - TBD
Mayor Morgan brought attention to the dates.
E. Finance Director
1. Financial Report for May 2021
2. Water Usage as of May 31, 2021
Town Manager Dunham noted nothing was outstanding about
these reports and there were no questions. Mayor Morgan accepted the
reports as submitted.
F. Police Chief
1. Activity for May 2021
Chief Allen asked that the report be accepted as submitted
and Mayor Morgan accepted.
X. Items for Commission Action.
A. Unionization
Assistant Town Attorney stated the Town had received a
request to unionize that was filed with Public Employees Relations
Commission by the Palm Beach County Police Benevolent Association (PBA).
He added the Town had received a petition from a majority of their
officers and the next step would be determining a bargaining unit which
would be all officers except for the Chief and Captain. Once the
bargaining unit was selected, an election would need to be scheduled
within 30 days.
B. Contract for Water Meter Installations
Assistant Town Attorney Nazzaro stated the Town had a piggy-
back contract with National Metering Services, Inc. for the installation
of the water meters. A video presentation was played showing the impact
the installation may have on landscaping at some homes. Mr. Nazzaro
explained there were three levels of installation regarding landscaping
that were shown in the video with level three being the most difficult
regarding landscaping. Town Manager Dunham and Mr. Beltran stated the
immediate goal was to get the meters installed and working and then go
back and pinpoint the problem meters that needed to be moved for easier
access. Mayor Morgan asked what percentage of homes were a level three,
to which Mr. Nazzaro answered 300. Discussion was had about landscaping
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held June 11, 2021 @ 9:00 A.M.
in the right-of-way and Commissioner Lyons suggested there was going to
have to be a little give and take from the residents regarding these
issues. There were members of the Gulf Stream Civic Association present
and Mayor Morgan thanked them for coming and stated this was something
that needed to be brought before the residents, so they were fully aware
of what was going to be happening with the smart meters as well as the
CIP regarding the widening of the roads. Mayor Morgan felt it was okay
to award the contract, but he wanted to hold off on the installation
start date until the residents had been contacted.
Commissioner white made a motion to award a contract to
National Metering Servicer, Inc. not to exceed $29,000 for the
installation of electronic smart meters. Commissioner Lyons seconded
the motion with all voting AYE at roll call.
C. Designation of Voting Delegate & Alternate-P.B. County
League of Cities, Inc.
Town Manager Dunham stated this was a yearly formality.
Commissioner White made a motion to approve the Voting Delegate &
Alternates to the Palm Beach County League of Cities, Inc. as presented.
Commissioner Lyons seconded the motion with all voting AYE at roll call.
D. Items by Mayor & Commissioners
There was none.
XI. Adjournment.
Mayor Morgan adjourned the meeting at 11:17 A.M.
Rene el
Assistant Tow erk
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