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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 was withdrawn because Commissioner Lyons recused himself and there was not a quorum due to absenteeism.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. 2 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 3 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. H 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 6 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 C 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 7 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 1.1