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HomeMy Public PortalAbout07 08 2022 Regular MeetingMINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION, OF THE TOWN OF GULF STREAM, ON JULY 8, 2022, 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 9:00 A.M. II. Pledge of Allegiance Mayor Morgan led the Pledge of Allegiance. III. Roll Call Present and Participating: Scott W. Morgan Mayor Thomas W. Stanley Vice Mayor Thomas A. Smith Commissioner Also Present & Participating: Absent w/Notice IV. Minutes Gregory Dunham Edward Nazzaro Edward Allen Rita Taylor Paul A. Lyons Joan K. Orthwein Town Manager Asst. Town Attorney Chief of Police Town Clerk Commissioner Commissioner A. Regular Meeting of June 10,2022 Commissioner Smith made a motion to approve the minutes of the regular meeting on June 10, 2022. Vice Mayor Stanley seconded the motion with all voting AYE at roll call. V. Additions, withdrawals, deferrals, arrangement of agenda items VII. B will be the Auditor's Report and XI. A. will be Resolution 22-03, which will move the other items to B. and C. VI. Announcements. A. Regular Meetings and Public Hearings 1. August 12, 2022, at 9:00 A.M. 2. September 9, 2022, at 4:00 P.M. 3. October 14, 2022, at 9:00 A.M. 4. November 11, 2022, at 9:00 A.M. S. December 9, 2022, at 9:00 A.M. B. Tentative Budget Hearing 1. September 9, 2022, at 5:01 P.M. C. Final Budget Hearing 1.September 21, 2022, at 5:01 P.M. Mayor Morgan called attention to the meeting dates and stated that he would not be present for the August meeting nor the Final Budget Hearing on September 21, 2022. VII. A. School Board Member Erica Whitfield -State of Education Report Mrs. Erica Whitfield gave a detailed report and stated that after two years of being in a pandemic, and even though Palm Beach County was one of the first to resume in -person classes in September of Minutes of Town Commission Regular Meeting July 8, 2022 @ 9:00 A.M. 2020, it had been very difficult for the kids to acclimate. She stated that Palm Beach County remained an A District, which is a testament to the teachers in recovering from the pandemic. Mrs. Whitfield stated that safety and security was a priority as well as having a Behavioral Health Specialist in each school. She stated that the penny tax had been able to purchase computers for every student during the pandemic, which helped to keep the A rating. Mrs. Whitfield stated that 6.875 mils, which was set by the state, is how schools are funded. Mayor Morgan thanked her for coming and for her enthusiasm in the position she holds. B. Auditor's Report 1. Presentation by Ron Bennett Mr. Ron Bennett gave a detailed presentation and stated that the Town had a clean report. VIII. Communication from the Public (3 min. maximum) Mr. Robert Ganger, Town resident, stated that with the imminent closing of Ellie's Diner, he recalled that the first meetings regarding undergrounding had taken place at Ellie's. He went on to say that he was very pleased that the project was ending and happy that the Town had decided to go down this path. Mayor Morgan thanked Mr. Ganger for his leadership in initiating the undergrounding project. Mr. Bob Burns, Town resident, asked if there had been any more discussion regarding making Lakeview one-way in and Banyan one-way out. Mayor Morgan stated that it had been reviewed and evaluated by the police department and at this time it had been decided to keep things the way they are. He added that the school was going to be addressing their ingress and egress, which should help the situation. IX. PUBLIC HEARING A. Declaration of Ex-Parte Communication There was none. B. Administer Oaths Town Clerk Taylor swore in Richard Brummer, Joe Pehota, Cristofer Bennardo, Rebecca Travis, Jeff Hiscock and Sira Prinyavivatkul. C. Applications for Development Approval 1. An application submitted by Richard Brummer, as Agent for Joseph and Laura Pehota, owners of the property located at 996 Pelican Lane, Gulf Stream, Florida, legally described as S/D OF 9-46-43 NLY 109 FT OF WLY 94.52 FT OF E 227.50 FT OF LT 25. a. Demolition Permit to demolish existing structure. b. Land Clearing Permit to clear existing vegetation from the building site. c. variance to reduce the minimum rear setback applicable to the Property from 30' to 21'. 2 Minutes of Town Commission Regular Meeting July 8, 2022 @ 9:00 A.M. d. Variance to increase the minimum Floor Area Ratio applicable to the Property from 33% to 35.250 (Section 70-71, Code of Ordinances, Floor Area Ratios) e. Variance to reduce the pool setback applicable to the Property from 20' to 2' (Section 70-74, Setbacks) f. Level 3 Architectural/Site Plan Review to permit the construction of a new two-story Anglo-Caribbean style single family dwelling with two -car garage, four bedrooms, bonus room and swimming pool. Mr. Richard Brummer, Architect, gave a detailed PowerPoint presentation. Mayor Morgan asked why he thought they were entitled to the variances. To answer Mayor Morgan, Mr. Cristofer Bennardo, legal representation for the Pehota's, gave a detailed presentation on the request for the variances that were all relative to the 707 sq. ft. sliver of land contiguous with the Gulf Stream parcel of land. Mr. Bennardo explained that this parcel was outside the Gulf Stream town limits and when investigating further, it was found that it didn't belong to the City of Delray Beach either, so it was basically a "lost parcel". Mr. Bennardo then went through the eight requirements of a variance addressing each one. He added that the solution would be to annex this parcel into the Town, and they would like to pursue this. Mayor Morgan thanked him for the thorough evaluation and agreed this was a very unique situation. Commissioner Smith asked if there had been any comments from neighbors to which Assistant Town Attorney Nazzaro answered that the Town had received a phone call from a neighbor stating they thought the house was too large and inconsistent with the neighborhood. Mayor Morgan stated he had to look at the application literally and only look at parcel one since parcel two was not in the Town of Gulf Stream and that would make the lot an interior lot and the house was too large for the interior lot. With that said, he added that he could not go along with the variance as it didn't meet criteria 3, 4, 5 and 8. Mr. Pehota argued that it was one property and they had no knowledge that the parcels weren't both located in Gulf Stream and felt the house was not a mansion and would fit well within the neighborhood stating that his house would be smaller than other houses on Pelican Lane. He added it would be much nicer than the house that was presently there. Discussion was made regarding whether to look at the lot as a waterfront or an interior lot. Mayor Morgan asked where the taxes were being paid to which Assistant Town Attorney stated he had spoken with an attorney from Delray Beach, and they did not have the parcel annexed to Delray, but the Pehota's were paying the taxes to Delray Beach. The architectural style of the home was discussed, and Mr. Brummer stated they were doing an inspiration of the Anglo Caribbean style. The Commission did not like the stair tower feature on the front fagade and thought the house was missing some Anglo Caribbean elements, specifying shutters and vertical muntins missing on the windows and stating that the windows were too large for Anglo Caribbean. Mr. Brummer asked for some 3 Minutes of Town Commission Regular Meeting July 8, 2022 @ 9:00 A.M. direction regarding the stair tower and Commissioner Smith stated it needed some architectural element to break up the verticality of the tower. Mayor Morgan also noted that the glass front door needed to be wood to be Anglo Caribbean and added that this house looked contemporary in design and not Anglo Caribbean. After much discussion, it was decided to defer the application to the next Commission meeting in August so that the applicant didn't have to go back to the ARPB. It was also decided that suggestions made by the Commission needed to be done to make the house more Anglo Caribbean and to pursue annexation with the Town for the second parcel. Commissioner Smith made a motion to defer the application to the Commission Meeting on August 12, 2022. Vice Mayor Stanley seconded the motion with all voting AYE at roll call. X. Reports. A. Baxter/Woodman 1. CIP Core Area Improvements Rebecca Travis stated they would be giving a preliminary design update and she gave a presentation on the roadway improvements, then Jeff Hiscock spoke about the drainage, and Sira Prinyavivatkul spoke about the water elements. After those items were discussed, Rebecca Travis spoke about the cost and schedule. Due to inflation, she added they had put a 30% contingency instead of a 20% contingency and was hopeful that this being a year out, that inflation would go down and supply and demand be in a better state. She stated it was a generous cost estimate at a preliminary level and it would be fine-tuned when they got into the finer points of the design. Mayor Morgan recessed the meeting at 11:25. A.M. and called the meeting back to order at 11:35 A.M. B. Town Manager 1. Utility Undergrounding Town Manager Dunham stated that there were 18-20 poles that remained out of 60 and he expected them to be down in a couple of weeks. The Commission commented at how beautiful everything was looking. 2. Update -Rezoning Request for Auto Dealership West of Place au Soleil Assistant Town Attorney Nazzaro gave an update stating he and ARPB Chairman, Malcolm Murphy, had attended the meeting on June 20, 2022, and had spoken in opposition, but that the rezoning request had passed 6-1 in favor of the auto dealership. Mr. Nazzaro added that he was still trying to obtain concessions from the dealership for the Town. 3. Inter -local Agreement for Building Department Services - Highland Beach Town Manager Dunham stated that Assistant Town Attorney Nazzaro had drafted an Interlocal Agreement with Highland Beach for them to present at their July 19, 2022, meeting and if their Commission 4 Minutes of Town Commission Regular Meeting July 8, 2022 @ 9:00 A.M. approved, a special meeting could be called for our Commission to approve the ILA. Vice Mayor Stanley questioned how things would be processed with Highland Beach and if there would be a backlog to which Assistant Town Attorney Nazzaro thought they would be processed in the order that they came in and no preferential treatment would be given to Highland Beach applications. Mayor Morgan thought they should get that clarification. C. Architectural Review & Planning Board 1. Meeting Dates a. July 28, 2022, at 8:30 A.M. b. August - No Meeting c. September 22, 2022, at 8:30 A.M. d. October 27, 2022, at 8:30 A.M. e. November 17, 2022, at 8:30 A.M. f. December 22, 2022, at 8:30 A.M. Mayor Morgan called attention to the meeting dates. D. Finance Director 1. Financial Report for June 2022 Town Manager Dunham stated Delray Beach was going to be raising their water rates. CFO Tew stated the rates went up on July 1, 2022, and it would be noted on the next bill that the rate went up 5.320 and would raise rates for the next five consecutive years and they would be substantial. Assistant Town Attorney noted that the Town's agreement with Delray will end in 2023 so we would be re -negotiating that contract and they had already been in discussions with Delray Beach regarding this renewal. E. Police Chief 1. Activity for June 2022 Chief Allen requested that the report be accepted as submitted and added there was a lot of construction still going on that was keeping the police department busy. He added that a boat had come ashore and when the Gulf Stream PD arrived at the scene, border patrol, customs and the sheriff's office were already present, and they were told that an 85-year-old woman had been able to escape. Mayor Morgan accepted all reports as submitted. XI. Items for Commission Action. A. Resolution 22-03; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ESTABLISHING WATER RATES AND CHARGES BY RESOLUTION AS PROVIDED IN ORDINANCE NO. 03/4 AMENDING CHAPTER 34 UTILITIES AT ARTICLE II SECTION 34-26 FOR THE OPERATION OF THE WATER DISTRIBUTION SYSTEM FOR THE TOWN, PROVIDING AN EFFECTIVE DATE. Assistant Town Attorney Nazzaro explained that CFO Tew had just mirrored a resolution from 2015 permitting the Town to set water rates by resolution. CFO Tew stated that it was reflecting the increase 0 Minutes of Town Commission Regular Meeting July 8, 2022 @ 9:00 A.M. in water rates from Delray Beach, and she would be bringing a resolution every time Delray increased their rates over the next five years. Vice Mayor Stanley made a motion to approve Resolution 22-03. Commissioner Smith seconded the motion with all voting AYE at roll call. B. Presentation of Proposed Budget 1. Budget Consideration Town Manager Dunham stated that the source of revenue for the Town's General Fund is the Ad Valorem Tax and over the last five years, the Town has either lowered its Ad Valorem Tax Rate or set it at the rolled back rate with the results being that the General Fund Revenues over the last five years have basically been the same at 4,600,000 to 4,700,000. Mr. Dunham gave the numbers for the existing year (2022) budgeted ad valorem proceeds which were $4,626,948 and added that if the Town used the 2023 rolled back rate the numbers would be $4,673,891, but if they stayed at the 2022 millage rate the proceeds would be $5,225,242. Mr. Dunham then went over the Town's current taxable value and what was estimated for 2023. He stated that a water valve exercise machine, two police cruisers and equipment would need to be purchased. Mr. Anthony Beltran, Water Supervisor, explained that the town has 87 valves and that they were exercising them by hand at the present time, which was very time consuming and laborious. He added that by Health Code, the valves must be exercised twice a year and with the exercise machine, they would be doing it more often which would help the valves operate more efficiently. Town Manager Dunham stated the Town always budgeted for weather related contingencies and that a truck also needed to be purchased and that wasn't listed in the report. He noted that the Town was in the fifth year of its 10-year Capital Improvement Plan and the sixth year would begin in October of 2022. Mr. Dunham stated that Gulf Stream had a talented workforce, and it was important to retain them. He added he was recommending a 5% COLA, and in addition to that, a one-time Inflation Correction that would not be added to the base salary of the individual. He noted that the Inflation Correction would not apply to the Town Manager, Town Clerk, Chief of Police, or the Captain of the Police. Mr. Dunham stated that when looking at COLA, they relied on the CPI of Miami -Dade County, Ft. Lauderdale, and West Palm Beach. This year the CPI for those counties was 9.6% as of April, thus, to be competitive in the market, he was suggesting 50-o. Mr. Dunham stated that the present administrative staff had been together for eight years and it was important to keep them, although the inflation issues were affecting COLA's. He mentioned he wanted to stay competitive with other towns and stated that the Town of Manalapan had given a 5% COLA increase in February and were doing another 5% in October, as well as considering an Inflation Correction. Mr. Dunham suggested discussing personnel items in more detail at the August meeting. 2 Minutes of Town Commission Regular Meeting July 8, 2022 @ 9:00 A.M. Mayor Morgan was not comfortable with the Inflation Correction, and he gave kudos to CFO Tew for all the time spent working on it and the percentages based on salary. He felt it was the wrong approach. He thought the 5% COLA was consistent with neighboring towns as well as the Federal Government. Mayor Morgan stated that fuel costs were what was driving inflation and it had doubled since January of 2021. He felt more comfortable with an amount to compensate employees across the board and not based on their income. Mayor Morgan stated that CFO Tew had come up with the number of days worked per year and 25 miles each way for the commute and gave the IRS mileage rate to come up with a figure. He thought that was the approach the Town should take, and it would not apply to those employees who receive a car allowance. Mayor Morgan wanted it to be fair for all the employees of the Town and if it was based on salary, it was not fair. Town Manager Dunham stated that he was sure the employees would be appreciative of any type of inflation correction. 2. 2021-2022 Millage Rate Commissioner Smith expressed concern that with rising costs in compensation and supply costs, he thought the residents should expect or realize that it would need to be paid through real estate taxes or a small increase. He suggested to land somewhere between last year's rate and the rollback rate even though he had been assured by Town staff that the budget could be met without doing that. Mr. Dunham wanted to qualify that he and CFO Tew felt comfortable with the rollback rate, but they did not think it would be sustainable in the near future. CFO Tew agreed and added that she hadn't anticipated the updated 300 contingency from Rebecca Travis on the CIP Project. Mrs. Tew added that because of that, she would not go with the rollback rate at this time. The Commission agreed they were all surprised at the 30o contingency numbers given by Baxter & woodman. Mayor Morgan stated in looking at the budget, he didn't think they should go with the rollback rate either and should consider keeping the millage rate from last year. Vice Mayor Stanley agreed. Commissioner Smith wanted to know the history of the millage rate for the Town and CFO Tew explained that the Town had been at the rollback rate or below it for the last five years. Mayor Morgan stated that the 2021-22 Millage Rate was 3.6724. 3. Proposed Millage Rate for Fiscal Year 2022-2023 Vice Mayor Stanley made a motion that the proposed Millage Rate for Fiscal Year 2022-23 is 3.6724. Commissioner Smith seconded the motion with all voting AYE at roll call. 4. Certification of Rolled Back Millage Rate Vice Mayor Stanley made a motion to certify the 2023 rolled -back rate of 3.2849. Commissioner Smith seconded the motion with all voting AYE at roll call. 7 Minutes of Town Commission Regular Meeting July 8, 2022 @ 9:00 A.M. 5. Date of First Public Hearing -Tentative Budget Adoption Vice Mayor Stanley made a motion that September 9, 2022, at 5:01 PM would be the Public Hearing for the Tentative Budget Adoption. Commissioner Smith seconded the motion with all voting AYE at roll call. 6. Date of Second Public Hearing -Final Budget Adoption Vice Mayor Stanley made a motion that September 22, 2022, at 5:01 PM would be the Public Hearing for the Final Budget Adoption. Commissioner Smith seconded the motion with all voting AYE at roll call. C. Items by Mayor & Commissioners There were none. XII. Adjournment Mayor Morgan adjourned the meeting at 12:22 P.M. Renee Deputy Town Clerk Rl