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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