HomeMy Public PortalAbout07 09 2021 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN
COMMISSION, OF THE TOWN OF GULF STREAM ON FRIDAY, JULY 9, 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
II. Pledge of Allegiance
Mayor Morgan led the
Roll Call
Present and
Participating:
Also Present &
Participating:
meeting to order at 9:00 A.M.
Pledge of Allegiance.
Scott W. Morgan
Thomas W. Stanley
Paul A. Lyons, Jr.
Joan Orthwein
Gregory Dunham
Edward Nazzaro
Edward Allen
Rita Taylor
Mayor
Vice Mayor
Commissioner
Commissioner
Town Manager
Asst. Town Attorney
Chief of Police
Town Clerk
Absent w/notice: Donna White Commissioner
IV. Minutes.
A. Regular Town Commission Meeting of June 11, 2021
Vice Mayor Stanley made a motion to approve the minutes of
the June 11, 2021, meeting. Commissioner Orthwein seconded the motion
with all voting AYE at roll call.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
There were none.
VI. Announcements.
VII.
A. Regular Meetings and Public Hearings
1. August 13, 2021, at
September 10, 2021,
September 10, 2021,
September 22, 2021,
October 8, 2021, at
2.
3.
4.
5.
6.
7.
9:00 A.M.
at 4:00 P.M.
at 5:01 P.M.
at 5:01 P.M.
9:00 A.M.
- Tentative Budget
- Final Budget
November 12, 2021, at 9:00 A.M.
December 10, 2021, at 9:00 A.M.
Mayor Morgan called attention to the dates.
Communication from the Public (5 min. maximum)
There was none.
VIII. PUBLIC HEARING.
A. Declaration of Ex-Parte Communications
There was none. Commissioner Lyons recused himself due to
conflict of interest.
a
Minutes of Town Commission
Regular Meeting & Public Hearing
Held July 9, 2021 @ 9:00 A.M.
B. Administer Oaths
Town Clerk Taylor swore in Ryan Swilley, Glenn Miller,
Rebecca Travis, 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.
Mr. Ryan Swilley, Superintendent of the Gulf
Stream Golf Club, gave a detailed PowerPoint presentation. During the
presentation Mr. Swilley stated he had met with the Town Manager, the
Chief and Mr. Nazzaro to discuss the construction entrance that would
only be used for large deliveries as it was hard for large trucks to
make the turn at the present entrance. Town Manager Dunham reiterated
that subcontractors would not be using this entrance, only large
deliveries. Commissioner Orthwein was worried about damage to the road
2
Minutes of Town Commission
Regular Meeting & Public Hearing
Held July 9, 2021 @ 9:00 A.M.
to which Town Manager Dunham reminded her of the Damage Bond required by
the Town. Mayor Morgan asked about a timeline to which Mr. Swilley
stated 100 days or less was the goal. Commissioner Lyons asked if the
hedges that were being taken out for the construction entrance were
going to be replaced after construction to which Mr. Swilley answered in
the affirmative.
Assistant Town Attorney Nazzaro stated that Ordinance No. 21/4
had been amended to include provisions for Special Exceptions in the
Outdoor Recreational District since the first reading on May 14, 2021.
Town Clerk Taylor read Ordinance No. 21/4 providing an effective date of
July 9, 2021, as the second and final reading. Commissioner Orthwein
made a motion to adopt Ordinance No. 21/4. Vice Mayor Stanley seconded
the motion with all voting AYE at roll call.
Commissioner Orthwein made a motion to approve a Land Clearing
Permit based on a finding that the construction of a new Reverse Osmosis
Water Plant and water storage tank meets the minimum intent of the
Design Manual and applicable review standards. Vice Mayor Stanley
seconded the motion with all voting AYE at roll call.
Commissioner Orthwein made a motion to approve a Special
Exception to permit a Reverse Osmosis Water Plant and water storage tank
in the Outdoor Recreational District. Vice Mayor Stanley seconded the
motion with all voting AYE at roll call.
Commissioner Orthwein made a motion to approve a Developer's
Agreement between the Gulf Stream Golf Club and the Town of Gulf Stream
requiring continued compliance with the Special Exception criteria after
application approval. Vice Mayor Stanley seconded the motion with all
voting AYE at roll call.
Commissioner Orthwein made a motion to approve a Level III
Architectural/Site Plan Review to permit the addition of a Reverse
Osmosis Water Plant and water storage tank in the maintenance area of
the Gulf Stream Golf Club Golf Course to supply irrigation for the golf
course. Vice Mayor Stanley seconded the motion with all voting AYE at
roll call.
IX. Reports.
A. Town Manager
1. Utility Undergrounding
Town Manager Dunham stated Comcast had completed pulling
all wiring on County Road, Sea Road and Little Club Road with 300 ft. of
conduit remaining to place on AlA. He added they were waiting on the
DOT to approve the permit before they could finish that area. Mr.
Dunham stated he had been in contact with Rosie at DOT so they could
proceed asap. Mr. Dunham added that Comcast had taken down over half of
their overhead. Commissioner Lyons asked about AT&T to which Mr. Dunham
stated they were completely finished.
2. Check Valve Update
3
Minutes of Town Commission
Regular Meeting & Public Hearing
Held July 9, 2021 @ 9:00 A.M.
Assistant Town Attorney Nazzaro stated the Town had posted
the bid for the check valve with a mandatory pre -bid conference to be
held on Wednesday, July 21, 2021, with a deadline to receive bids and
proposals of August 6, 2021. He added the Town would have a bid
recommendation at the August 13, 2021, Commission meeting. Mr. Nazzaro
stated he had spoken to the manufacturer, and we should be on schedule
to get those installed before the King Tides.
3. Water Meter Installation Update
Town Manager Dunham stated all the water meters had been
received and were in-house with a proposed date of installation to begin
on July 19, 2021. Assistant Town Attorney Nazzaro asked the Commission
if they wanted any other communication to go out to the residents that
were going to be impacted regarding vegetation removal around the
meters. He then showed the Commissioners a postcard that would go out
to remind the residents that this was taking place and water would be
turned off for approximately IA an hour while the new meter was being
installed. Water Supervisor, Anthony Beltran, stated he was going to
personally go to the homes, and property managers of the homes, that
were going to be impacted the most by vegetation having to be removed.
Mayor Morgan stated he had also spoken to the Civic Association and Chet
Snavely for Place au Soleil and believed the word was getting out but
thought that knocking on doors and sending out another postcard was a
good idea. Once this was complete, Mayor Morgan stated it would be okay
to proceed on July 19, 2021.
4. Update on Town Water Pressure
Town Manager Dunham stated that since the last Commission
meeting, there had been no complaints regarding water pressure. He
called attention to the article in The Coastal Star that stated Delray
Beach had admitted to having low pressure problems as well, which he
added that Delray Beach failed to admit when our staff met with their
staff. Mr. Dunham stated that the police had finished their monitoring
of water usage and had concluded that odd and even numbered homes were
watering at the same time and the Town Code does not allow that. He
added they had found that certain properties were watering every day,
which is prohibited by the Town Code. Mayor Morgan questioned the
improved water pressure to which Mr. Dunham stated that many residents
may have read the Newsletter that went out and then asked about
enforcement, which could include fines. In fact, he added that he and
Town Clerk Taylor had read the Code, which stated after the second or
third notice, it was a $250 fine or 30 days in jail. Mr. Dunham stated
the plan was to go to the homes who are watering every day and talk to
them personally.
4
Minutes of Town Commission
Regular Meeting & Public Hearing
Held July 9, 2021 @ 9:00 A.M.
5. Performance -Road Work & Minor Drainage Improvements in
the Core.
Town Manager Dunham stated that since the work had been
completed, the water was moving much better and going into the catch
basins
B. Baxter & Woodman
1. CIP Review & Update
Town Manager Dunham stated the Town was in the fourth year
of the 10 -year CIP, with the fifth year starting October 1, 2021. He
added this year had been a planning, research, and design period, with
no construction happening during the season, but work starting in late
Spring or early Summer of 2022. Ms. Rebecca Travis, representing Baxter
& Woodman, gave a detailed status update on the 10 -year CIP.
An East/West split was discussed as well as Mayor Morgan asked if
they anticipated taking out anyone's landscape. Ms. Travis stated they
were going to do everything they could to avoid taking any landscaping
out.
Commissioner Lyons had some questions regarding additional monies
being spent and Mayor Morgan asked for a breakdown of East side and West
side. Ms. Travis stated 4.1 million which included the west side water
mains and roads plus the outfall sizing and the lake expansion as they
were trying to do all the drainage improvement at one time. Mayor
Morgan then asked for an estimation on the East side to which Ms. Travis
stated 2.6 million. Vice Mayor Stanley mentioned that some residents
would probably be asking why it couldn't be done all at one time, which
he added that cashflow was a big reason. Town Manager Dunham added that
there was also a five million limit, or they would have to go out to bid
for an engineer, which would be extremely disruptive and time consuming.
Commissioner Lyons wanted to know if the inflation that CFO Tew had
incorporated was enough to allow for potential increases. Mayor Morgan
asked what the cost was on the completed A1A main project to which Ms.
Travis answered the actual construction cost was 2.081 million and the
design was $177,976. Mayor Morgan asked what the 11 million included to
which Ms. Travis stated that the minor drainage improvements, outfall
upsizing, and lake expansion were not in the original master plan.
Commissioner Lyons asked CFO Tew if she would put together a numerical
presentation showing what originally was planned and what was now being
done to show the increase in price. CFO Tew then explained that she had
already taken the numbers from Ms. Travis and factored inflation into
those numbers and when looking at the projected budget the Town came out
okay. She added that with the Town building a new subdivision as part
of Place au Soleil, it would increase the Town's ad valorem base, which
would allow the Town to use that money to subsidize future construction
projects. Mrs. Tew stated that she had discussed this with Ron Bennett,
of Nowlen, Holt and Miner and he felt confident with the numbers. Town
Manager Dunham added that Mr. Bennett had also stated that if the Town
5
Minutes of Town Commission
Regular Meeting & Public Hearing
Held July 9, 2021 @ 9:00 A.M.
kept moving forward with the cash management plan, and paid attention to
it being that it was ever changing, that the Town would be able to
complete the plan without going into debt. Mayor Morgan wanted to know
if the plan would work if the Town did the entire project at the same
time to which CFO Tew stated the biggest hurdle would be the five
million threshold and having to go back out with an RFP for the
engineering. She added it would decimate the Town's fund balance and
they wouldn't get the interest from the investment. Commissioner
Orthwein wanted to know if the projects could be done simultaneously if
the Town borrowed the money since money is cheap right now.
Commissioner Lyons stated that he would like to sit down with CFO Tew
and come up with a set of numbers to show the Commission since money is
available and inexpensive and possibly do a bridge loan. Mayor Morgan
agreed and asked that Commissioner Lyons, Town Manager Dunham, and CFO
Tew would evaluate from a financial perspective and then Assistant Town
Attorney Nazzaro evaluate from a legal perspective. Mayor Morgan didn't
believe going out to bid was a big obstacle. Vice Mayor Stanley agreed
that even though it has been set up to be a split project prospectively,
maybe it needed to be re-evaluated. The Commission was all in favor of
exploring the possibility of doing the project all at the same time.
CFO Tew stated there was no way to finish the West project in fiscal
year 2022 and added it would spill over into 2023 as there was not
enough time to finish the project in 2022 because of trying to avoid the
season. She suggested doing the project back-to-back and it would
bypass the five million threshold and they could run concurrently so
they could do the design while doing construction. Commissioner Lyons
asked if the project could be done in one season to which Ms. Travis
stated it could possibly be done in 12-14 months. Commissioner Lyons
suggested that to get it done, they should be able to work through the
season and Commissioner Orthwein agreed that it should be considered.
Mayor Morgan added that with inflation and cost of living going up as
well, that could make an impact over the next couple of years. It was
decided that Commissioner Lyons, Town Manager Dunham, and CFO Tew would
have an evaluation of everything at the next meeting as well as Ms.
Travis to see if it could all be done over one season.
C. 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 called attention to the dates.
D. Finance Director
6
Minutes of Town Commission
Regular Meeting & Public Hearing
Held July 9, 2021 @ 9:00 A.M.
1. Financial Report for June 2021
Town Manager stated there was nothing outstanding and
Mayor Morgan accepted the report as submitted.
E. Police Chief
1. Activity for June 2021
Chief Allen asked that the report be accepted as submitted
and added that one of the cars stolen in October 2020 had been found in
a shipping container in Miami. Chief Allen stated that two new officers
were being hired and would begin within the next couple of weeks. Mayor
Morgan accepted the report as submitted.
X. Items for Commission Action.
A. RESOLUTION NO. 21-02; A RESOLUTION OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
ESTABLISHING A POLICY TO WRITE OFF BAD DEBT IN A TIMELY AND
EXPEDITIOUS FASHION; PROVIDING AN EFFECTIVE DATE.
Commissioner Orthwein made a motion to approve Resolution No.
21-02. Vice Mayor Stanley seconded the motion with all voting AYE at
roll call.
Assistant Town Attorney Nazzaro stated that the Town did not
require a deposit from a new resident so this may be one of the reasons
it was difficult to get a final payment when a resident moved out of the
Town. He asked if the Commissioners were interested in requiring a
deposit and after discussion it was decided to leave everything the same
at this time.
B. Presentation of Proposed Budget for Fiscal Year 2021-2022.
1. Budget Consideration
Town Manager Dunham stated the staff was recommending
setting the ad valorem rate at the rolled back rate of 3.6724, which
they have done for the past four years, and it keeps the operating fund
at the same amount generated by the ad valorem funds. He then read the
numbers from the prior year and what was projected for the CIP project
and that the Town was in the fourth year of its 10 -year Capital
Improvement Plan. Mr. Dunham brought attention to items that needed to
be purchased in fiscal year 2021-22 and recommended a 4% COLA (Cost of
Living Adjustment) for Town employees. He added this percentage rate
was based on recommendations from the U.S. Dpt. of Labor's Consumer
Price Index. Mayor Morgan asked how that compared to other towns on the
barrier island to which Mr. Dunham stated that at the last county
managers meeting 1/3 of the towns were giving 4% and he would know more
at the next meeting. Vice Mayor Stanley asked that he have an average
for the next meeting. Commissioner Orthwein asked what the CPI was at
to which Town Manager Dunham answered 4.1. Mr. Dunham stated the total
budget for 2021-22 was $11,104,053 and made note of the American Rescue
Plan Act monies that the Town would be receiving in the estimated amount
of $400,000, which must be used for infrastructure. He also called
7
Renee Basel
Deputy Clerk
Minutes of Town Commission
Regular Meeting & Public Hearing
Held July 9, 2021 @ 9:00 A.M.
attention to the Penny Sales Tax Fund that was also being used for the
CIP.
2. 2020-2021 Millage Rate
Town Manager Dunham stated that this was 3.7591 with
the ad valorem proceeds for operations being $4,622,252.
3. Proposed Millage Rate for Fiscal Year 2021-2022
Town Manager Dunham stated it was proposed at 3.6724,
which will produce $4,626,948 proceeds for operation. Commissioner
Lyons made a motion to approve the proposed millage rate of 3.6724 for
Fiscal Year 2021-2022. Commissioner Orthwein seconded the motion with
all voting AYE at roll call.
4. Certification of Rolled Back Millage Rate
Commissioner Lyons made a motion to approve the
certification of the rolled back millage rate of 3.6724. Commissioner
Orthwein seconded the motion with all voting AYE at roll call.
5. Date of First Public Hearing -Tentative Budget Adoption
Commissioner Lyons made a motion to set the first
Public Hearing -Tentative Budget Adoption Meeting for September 10, 2021,
at 5:01 p.m. Commissioner Orthwein seconded the motion with all voting
AYE at roll call.
6. Date of Second Public Hearing -Final Budget Adoption
Commissioner Lyons made a motion to set the second
public hearing -final budget adoption meeting for September 22, 2021, at
5:01 p.m. Commissioner Orthwein seconded the motion with all voting AYE
at roll call.
C. Items by Mayor & Commissioners
Town Manager Dunham stated that Assistant Town Clerk Basel has
been promoted to Deputy Clerk. The Commissioners congratulated her on
the promotion.
XI. Adjournment.
Mayor Morgan adjourned the meeting at 10:54 A.M.
8