HomeMy Public PortalAbout08 13 2021 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN
COMMISSION, OF THE TOWN OF GULF STREAM ON FRIDAY, AUGUST 13, 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
III. Roll Call
Present and
Participating:
Also Present &
Participating:
meeting to
Pledge
order
at 9:00
of Allegiance.
Scott W. Morgan
Thomas W. Stanley
Paul A. Lyons, Jr.
Joan Orthwein
Donna White
Gregory Dunham
Edward Nazzaro
Edward Allen
Rita Taylor
A.M.
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Asst. Town Attorney
Chief of Police
Town Clerk
IV. Minutes.
A. Regular Town Commission Meeting of July 9, 2021
Commissioner Lyons pointed out two items on page five that
needed to be changed under the CIP Review & Update stating it was
$177,976 and following that sentence it should read 1.1 million and not
11 million. Commissioner Orthwein made a motion to approve the minutes
per the changes. Vice Mayor Stanley seconded the motion with all voting
AYE at roll call.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Chief Allen introduced Officer Al Moreno, who joined the Gulf
Stream Police Department on July 21, 2021. The Commissioners were happy
to welcome him to Gulf Stream.
VI.
Announcements.
A. Regular Meetings and Public
1. September 10, 2021, at
Mayor Morgan stated he
Hearings
4:00 P.M.
would not be present.
2. September 10, 2021, at 5:01 P.M.
Mayor Morgan stated he would not be present.
3. September 22, 2021, at 5:01 P.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.
VII. Communication from the Public (3 min. maximum)
There was none.
Minutes of Town Commission
Regular Meeting & Public Hearing
Held August 13, 2021 @ 9:00 A.M.
VIII. Public Hearing
A. Declaration of Ex-Parte Communications
Commissioner Lyons stated he had spoken to John Smith and
Commissioner Orthwein stated she had spoken to Lolly Prince.
B. Administer Oaths
Town Clerk Taylor swore in Carol Perez, Ross Curtis, Hassan
Hadjimiry, John Shubin, Cary Glickstein, and Rebecca Travis.
C. Applications for Development Approval
1. An application submitted by Carol Perez of AGTLAND, P.A.
as Agent for The Little Club, owners of property located
at 100 Little Club Road, Gulf Stream, Florida legally
described as Club House Parcel, being a portion of
Property Control Number 20-43-45-34-14-000-0010 lying in
Sec. 3 Township 46 South, Range 43 East, Palm Beach County
Florida for the following:
a. Demolition Permit to permit the removal of the
maintenance bins.
b. Land Clearing Permit to clear the area where two
pickleball courts would be placed, which includes the
removal of 1 tree, in poor condition, and the addition
of 3 additional Areca Palm Trees.
c. Level 3 Architectural/Site Plan Review to permit the
construction of two pickleball courts that is within
a space approximately 120 ft. by 40 ft.
d. Declaration of use agreement to impose conditions on
the use of the two pickleball courts, a mechanism to
address noise complaints, and penalties for
violations.
Ms. Carol Perez gave a detailed PowerPoint
Presentation of the two proposed pickleball courts noting the location
being next to the croquet courts and at least 600 ft. from any
residence. Ms. Perez explained the landscaping that would be
surrounding the courts as well as the fencing that would be screened to
provide noise reduction. Mr. Ross Curtis stated that they would be using
noise reducing paddles and balls as well as the noise reducing court.
He added that their biggest concern were the people playing croquet next
to the pickleball courts only 25 ft. away and had done a test with the
croquet leadership committee giving their blessing of not being bothered
by the sound. Attention was drawn to letters received by residents of
L'Hermitage and The Golfview Club regarding noise and the timing of the
application. Commissioner Orthwein and Commissioner Lyons had spoken to
some of these residents who felt like the Town was allowing the
application to be submitted in the summer months when most residents
were away. After much discussion, it was decided that the Town staff
was open to all types of communication and would have it passed on to
the Commissioners as well as read at the meetings so that everything was
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held August 13, 2021 @ 9:00 A.M.
in the open. The Commissioners agreed that The Little Club had
accomplished everything asked in placement of the courts and noise
reduction.
Vice Mayor Stanley made a motion to approve a demolition permit
to remove three concrete sand maintenance bins. Commissioner Lyons
seconded the motion with all voting AYE at roll call.
Vice Mayor Stanley made a motion to approve a land clearing
permit to clear the area where two pickleball courts would be placed,
which includes the removal of one tree, in poor condition, and the
addition of three additional Areca Palm trees. Commissioner Orthwein
seconded the motion with all voting AYE at roll call.
Vice Mayor Stanley made a motion to approve a Level III
Architectural/Site Plan based on a finding that the construction of two
(2) pickleball courts, located adjacent to the golf course maintenance
facility, with a small spectator area east of the courts, meets the
minimum intent of the Design Manual and applicable review standards with
the following condition:
1. The Courts will be fenced on the north, south and west side
by an 8' chain link fence (green vinyl clad). The courts
will have a 4' chain link fence (green vinyl clad) on the
east side.
2. The courts will be buffered on the north and west side by
20' Areca Palms.
3. The Court surface will be constructed with a Laykold Masters
cushion surface to dampen sound.
4. Any minor modifications in the approved landscaping shall be
submitted to the Town Manager for review and approval and
any major modification shall be brought back to the ARPB for
review and approval, prior to commencement of landscaping.
Commissioner Orthwein seconded the motion with all voting
AYE at roll call.
Vice Mayor Stanley made a motion to approve a Declaration of Use
Agreement to impose conditions on the use of the two pickleball courts,
a mechanism to address noise complaints, and penalties for violations.
Commissioner White seconded the motion with all voting AYE at roll call.
IX. Reports.
A. Town Manager
1. Discussion regarding the use of gas -powered leaf blowers.
Town Manager Dunham stated the staff had done research in
Palm Beach County and had not found any municipalities that prohibited
the use of gas -powered leaf blowers or other lawn maintenance devices
but rather they limited time usage and looked at decibel levels. He
added that the only decibel level in the Town of Gulf Stream was in
reference to generators. Mr. Dunham stated that Gulf Stream was also
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held August 13, 2021 @ 9:00 A.M.
more restrictive on when the hours of use could be in contrast to some
of the other municipalities in the county. Mr. John Shubin, Town
resident, stated that two-stroke gas -powered leaf blowers operated
between 90 and 105 decibels, making them extremely effective. He added
that 85 decibels for a continuous period of time could cause hearing
loss, which is why a lot of municipalities require headphones to be worn
by the maintenance workers. Mr. Shubin stated that Naples, Surfside and
South Miami had banned gas -powered leaf blowers and Palm Beach used a 65
decibel from 50 ft. and reasonable time and place regulations. He added
that he would like Gulf Stream to possibly make some parameters for
commercial landscaping activity that included reasonable decibel
requirements with proof that the company meets those requirements, such
as lithium and electric leaf blowers. He thanked the Commissioners for
letting him present his case and added that he would be happy to work
with the staff in research and making Gulf Stream the peaceful Town they
have come to love since moving here in 2018.
Town Manager Dunham stated he had spoken to some of the
landscaping contractors who work in town, and they all used gas leaf
blowers and stated that it would be $800 per leaf blower to replace and
more equipment for them to have to carry. Mayor Morgan added that Gulf
Stream was such a small community, if it imposed restrictions on the
contractors, he wondered if it would cause them to leave being that Gulf
Stream wasn't big business. Mayor Morgan was also interested in the
decibel levels of electric leaf blowers stating that he had personally
just bought one and had to wear headphones as it was very high-pitched
and loud. Mr. Shubin stated he wasn't a fan of excessive regulation but
reasonable regulation for the landscaping community to meet a decibel
standard is something the Town should consider as well as blowing the
debris into the right of way and other neighboring yards. He stated
that he had heard from a third -party source that the electric and
battery leaf blowers complied with the 65 decibel limits. Mr. Shubin
added he was willing to do research and find out more information for
the Town. Town Manager Dunham stated he would like to contact some of
the cities to see the requirements and limits they are putting on
landscaping machinery. Commissioner Lyons stated where he lives in
Southampton, they did eliminate gas -powered leaf blowers and it had made
a noticeable difference. He added that even though it was an additional
expense, most businesses figured out how to solve that. Commissioner
Lyons suggested an implementation period to get prepared. Mr. Shubin
stated that Naples gave a one-year phase period. Commissioner Lyons
added that the two-stroke gas device was a very poor pollutant, to which
Mr. Shubin added that it was greater than a car. Commissioner Lyons
also stated that Southampton had a very strict fine of $500 that they
enforced without hesitation.
Mayor Morgan stated that through this discussion the lawn
maintenance activity on Saturday during the off-season had come to
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held August 13, 2021 @ 9:00 A.M.
light. He added that most residents were not leaving for the summer but
were staying year-round and the Town may need to reconsider the Saturday
maintenance activity to be a year-round prohibition. Commissioner Lyons
was in favor of making that change immediately. Commissioner Orthwein
was in favor as well but was worried about the rainy season and if that
would hurt the businesses. Mayor Morgan asked the staff to research
that as well. Town Manager Dunham stated that he had never seen any of
the lawn maintenance people blowing debris into the streets and asked
Mr. Beltran, Water Maintenance Supervisor, to expound and Mr. Beltran
stated he had not seen that in Town. Commissioner Orthwein felt that
would be done more by homeowners doing their own yards rather than lawn
maintenance workers. Mayor Morgan suggested following up on this
discussion at the next meeting.
2. Utility Undergrounding
Town Manager Dunham stated he was dealing with DOT issues
more than Comcast at this time but was dealing with permit issues and a
pre -construction meeting being delayed because of Covid issues.
3. Blue Water Cove re: Sewers
Town Manager Dunham stated this would be the perfect
scenario for the Town to see how this is all going to work given the
fact that the Town will eventually have to go from septic to sewer. He
added we now get our water from Delray Beach and in this case, we would
be sending it to Delray Beach and invited Hassan Hadjimiry, Utilities
Director for the City of Delray Beach, to give input. Mr. Hadjimiry
stated these 14 homes were right at the border of Gulf Stream and Delray
Beach and the proposed plan was to have an on -site wastewater collection
system, which is typically gravity serving each home and going through
the lift station/pump station with approximately 400 ft. of pipeline
connecting that lift station to the wastewater point in the City of
Delray Beach. He added the pipeline would be owned by Delray Beach, but
the lift station would be owned by Gulf Stream. Commissioner Lyons
asked who paid to construct the pipeline to which Town Manager Dunham
answered that it was the developer. Mr. Cary Glickstein stated that the
sewer system that had been designed is the only system that could
receive permitting from Delray Beach, who is the plan reviewer, and from
South Florida Water Management District. He added septic systems were
not an option for lots of this size and in these scenarios, the
developer provided all the infrastructure and through a bill of sale
conveys it to the municipality. Mr. Glickstein stated the lift station
was the issue and a lift station of this size had a very minor
maintenance requirement. He added they had no choice but to give it to
the Town and no choice but to build the system as it is designed. Town
Manager Dunham stated the Town didn't have anyone certified so
maintenance would have to go out to a third party, which was easily
done, and that the sewers in Town now were serviced by a third party.
Mr. Beltran stated he would be willing to get certified. Mayor Morgan
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held August 13, 2021 @ 9:00 A.M.
referred to the recent sewer study the Town had and agreed this would be
a chance for the Town to test the waters on a much smaller scale.
Commissioner White asked where it would be located to which Mr.
Glickstein stated it would be on the north side of the property and
would not be seen from Place au Soleil. Commissioner White stated there
had been talk of Place au Soleil being a part of the sewer project and
wanted to know how this would fit into Bluewater Cove to which Mr.
Glickstein stated it would require a larger pump and would be capable of
expansion. Town Manager Dunham asked Mr. Hadjimiry if a gravity system
was interchangeable with a low-pressure system which is what the sewer
study recommended for the Town. Mr. Hadjimiry gave a lot of facts about
the two systems but didn't really answer the question posed by Mr.
Dunham. Commissioner White thought it had been said that Place au
Soleil would be on a gravity system, but the barrier island would have
to be on a low-pressure system. The consensus of the Commission was to
move forward with the Town working with the developer on acquiring the
lift station.
4. Water Meter Installation Update
Town Manager Dunham stated the Town was 95% complete with
the installation of the water meters. He added there had been a few
anticipated surprises that they were working through. Mr. Dunham
commended Mr. Beltran and Mr. Wayne Songer for their work in the field
and went on to call Mr. Songer a human GIS for the water main system in
Gulf Stream.
5. Update of CIP plans in the Core Area.
Ms. Rebecca Travis, representing Baxter & Woodman, gave an
update regarding the Core area water, paving and drainage improvements
in doing the entire area as one project instead of splitting up East and
West. She gave an update on cost and requirements on going out for
advertising for the design of the work. Ms. Travis stated they would
still work in phases so both sides of the road wouldn't be torn up at
the same time. Mayor Morgan asked what the estimated cost savings were
going to be by combining the project to which Ms. Travis answered
economy of scale because the contractor would be able to purchase a
greater amount of material and pipe as well as mobilization and
demobilization cost, plus the Town would get more bidders, so then the
competition to try and get low bid plays into the savings. She quoted
5% but added that it was hard to tell because it's a means and methods
situation. Mayor Morgan asked for the consensus of the Commissioners.
Vice Mayor Stanley stated that even though it is extremely disruptive
for eight or nine months, once it is done, it's done, and they can give
a start and end time to the residents who just want the bottom line. He
added even if the costs were the same, it was to the benefit of the
residents to just get it done. Everyone agreed but wondered about
cashflow. CFO Tew stated the Town has the money to do this by working
off the existing fund balance and reserves with the stipulation that the
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held August 13, 2021 @ 9:00 A.M.
General Fund will give the Enterprise Fund the money to carry through
these projects without having to go out for a loan. Vice Mayor Stanley
asked if it was beneficial to get a line of credit even if the Town
didn't use it. CFO Tew stated she was very comfortable with their
conservative projections that the Town should be able to pay for this,
barring any major catastrophe, with funds the Town had on hand. Mayor
Morgan asked if Commissioner Lyons agreed with Mrs. Tew since he had
mentioned a short-term loan at the last meeting. Commissioner Lyons
stated that because of the project being finished in 2023, the Town
would have more available funds at that time. He added that he still
thought it would be good to sit down with a bank in 2022 to have
dialogue and start a good relationship if the Town found that it did
suddenly need more cash. Commissioner Lyons stated they had built in 30
inflation for the first 3-4 years and starting in 2022 a 5% inflation,
so they had anticipated cost increases. He added that each time he
worked with Mrs. Tew his confidence level went up at her ability and
using very conservative assumptions.
Town Manager Dunham, in looking at the schedule, stated they
would have another year to add to an already healthy fund balance, but
he also saw that the schedule showed construction starting in December
and wondered if it would be better to move that to January. Ms. Travis
agreed and stated that the contractor could start on shop drawing and
office work then start the actual field construction after the first of
the year. The consensus of the Commissioners was to proceed with this
updated plan.
B Architectural Review & Planning Board
1. Meeting Dates
a. August - no meeting
b. September 23, 2021, at 8:30 A.M.
c. October 28, 2021, at 8:30 A.M.
d. November - TBD
e. December - TBD
Mayor Morgan called attention to these dates.
C. Finance Director
1. Financial Report for July 2021
2. Water Usage as of July 31, 2021
Town Manager Dunham stated there was nothing out of the
ordinary on either report and asked they be accepted. Mayor Morgan
accepted both reports as submitted.
D. Police Chief
1. Activity for July 2021
At the request of Chief Allen, Mayor Morgan accepted the
report as submitted.
X. Items for Commission Action.
A. Second Reading for Coastal Element in Town's Comprehensive
Plan.
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held August 13, 2021 @ 9:00 A.M.
Orthwein
reading.
roll call.
B. Resolution No. 21-03; A RESOLUTION AUTHORIZING THE TOWN OF
GULF STREAM (HEREIN REFERRED TO AS THIS "GOVERNMENTAL UNIT")
TO JOIN WITH OTHER LOCAL GOVERNMENTAL UNITS AS A PARTICIPAANT
IN THE FLORIDA MUNICIPAL INVESTMENT TRUST FOR THE PURPOSE OF
PURCHASING SHARES OF BENEFICIAL INTEREST IN THE TRUST.
Town Clerk Taylor read Resolution No. 21-03. Assistant Town
Attorney Nazzaro noted that in Section Six, they were changing Director
of Finance to Town Manager to accurately reflect the person's response,
under these circumstances.
Vice Mayor Stanley made a motion to adopt Resolution No. 21-
03 with the Town Manager noted as Finance Director. Commissioner
Orthwein seconded the motion with all voting AYE at roll call.
Drainage Outfall Check Valve -BID AWARD RECOMMENDATION
Assistant Town Attorney Nazzaro stated the Town had received
seven bids showing quite a range of prices. There were two alternates
to the base bid having to do with the outfall at 3550 Polo Drive that
needed to be increased in size as well as an issue at 540 Palm Way
where a dock was blocking the outfall, and added the Town had an
agreement with the homeowner to allow the Town to make changes to that
dock to allow the installation. That portion of the project was
$12,775.00. Mr. Nazzaro recommended that the bid for $84,852.00 be
awarded to EMC Divers, Inc., which includes the base and the two bid
alternates.
Vice Mayor Stanley made a motion to award the Invitation to
Bid for drainage outfall check valves to EMC Divers, Inc. for $84,852,
which amount includes the base bid and two bid alternates.
Commissioner White seconded the motion with all voting AYE at roll
call.
Ordinance No. 20/6; AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEAACH COUNTY, FLORIDA, AMENDING THE
COASTAL MANAGEMENT ELEMENT OF THE TOWN'S ADOPTED COMPREHENSIVE
PLAN 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 OF
AUGUST 13, 2021. (2nd reading & adoption)
Town Clerk Taylor read Ordinance No. 20/6. Commissioner
made a motion to adopt Ordinance No. 20/6 on the second
Vice Mayor Stanley seconded the motion with all voting AYE at
D. Items by Mayor & Commissioners
Town Manager Dunham congratulated CFO Tew, Deputy Clerk
Basel, and Town Clerk Taylor on the work they did in selecting a company
to provide the Town with all the new audio-visual equipment. Deputy
Clerk Basel stated there was feedback she noticed in the meeting, and
she would address those before the next meeting. CFO Tew stated there
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Minutes of Town Commission
Regular Meeting & Public Hearing
Held August 13, 2021 @ 9:00 A.M.
were still some items on back -order due to supply issues, but the
company was hopeful they would be in by the next Commission meeting.
XI. Adjournment.
Mayor Morgan adjourned the meeting at 10:44 A.M.
Renee Basel)
Deputy Clerk
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