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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 2 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 3 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 4 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 5 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 6 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. 7 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 8 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 9