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HomeMy Public PortalAboutPRR 13-0029Your original request. dated September 18, 2013, is reproduced in the space below: From: Joel Chandler [ mailto :joel.chandler @fogwatch.org] Sent: Wednesday, September 18, 2013 11:14 AM To: Rita Taylor; Bill Thrasher Subject: THIS IS A PUBLIC RECORDS REQUEST PUBLIC RECORDS REQUEST — TOWN OF GULF STREAM PRR -0002 ATTENTION: Custodian of Public Records for the Town of Gulf Stream Pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of the Code Enforcement hearing(s) recently held in the matter of the Town of Gulf Stream v. Martin O'Boyle; and Any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate; and Minutes from any and all meetings wherein any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate were reviewed and /or approved by the Town of Gulf Stream Commission; and Any and all Staff Reports with explanations and /or recommendations, if any, regarding any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate. If you contend that any of the records 1 am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by § 119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by §119.07(1)(0 of the Florida Statutes. Please take note of § 119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, ifso, the location at which the record can be accessed." 1 am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See § 119.01(2)(0, Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and /or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the following email address: joel.chandler@FOGWatch.org Best regards, Joel Chandler (863) 660 -4244 joel.chandler @fogwatch.org www.FogWatch.org TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail December 2, 2013 Joel Chandler, (863) 660 -4244 ioel.chandler a,foewatch.ore www.FogWatch.org Re: PUBLIC RECORDS REQUEST — TOWN OF GULF STREAM PRR -0002 (a.-d.) a. Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of the Code Enforcement hearing(s) recently held in the matter of the Town of Gulf Stream v. Martin O'Boyle; and b. Any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate; and c. Minutes from any and all meetings wherein any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision ofservices to the Town as a Special Magistrate were reviewed and/or approved by the Town of Gulf Stream Commission; and d. Any and all Staff Reports with explanations and/or recommendations, if any, regarding any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate. Dear Mr. Chandler, This letter is attached to an email that provides you with the full responsive production of electronic public records requested, as listed below, in your email dated September 18, 2013, that we acknowledged on September 20, 2013. This correspondence is reproduced below for your convenience. Also included is an estimate for production of all remaining documents responsive to your request that are not available in electronic format. Item a. —No such records exist Item b. — 10, 8%2 x 11, one sided pages @ $0.15 per page as per Fla. Stat. § 119.07 (4)(a)l, for a total of $1.50, which are available for you to pick up at Town Hall upon payment of this fee. Item c. — These documents are attached to this email. Please open the attached file, which includes the document that is responsive to your request. Item d. — No such records exist. Sincerely, Town Clerk Custodian of the Records The Town's acknowledgement of the above Public Records Request dated September 20 2013 is reproduced in the space below: TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA September 20, 2013 Joel Chandler (863) 660 -4244 joel. chandler @fogwatch.org www.FogWatch.org Re: PUBLIC RECORDS REQUEST — TOWN OF GULF STREAM PRR -0002 a. Copies of any minutes created by the Town of Gulf Stream and any transcripts prepared by others of the Code Enforcement hearings) recently held in the matter of the Town of Gulf Stream v. Martin O'Boyle; and b. Any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate; and c. Minutes from any and all meetings wherein any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate were reviewed and/or approved by the Town of Gulf Stream Commission; and d. Any and all Staff Reports with explanations and/or recommendations, if any, regarding any and all engagement agreements, contracts to represent, fee agreements, etc., between the Law Firm of Glen J. Torcivia & Assoc., PA, of West Palm Beach, FL and the Town of Gulf Stream, FL with regard to the provision of services to the Town as a Special Magistrate. Dear Joel Chandler, The Town of Gulf Stream has received your public records request dated September 18, 2013. If your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. Our staff will review your request within the next three business days, and we will promptly send you the appropriate response or an estimated cost to respond. Sincerely, Town Clerk Custodian of the Records REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, APRIL 12, 2002 AT 8:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Koch called the meeting to order at 8 A.M. II. Pledge of Allegiance. The Mayor led the Pledge of Allegiance. III. Roll Call. Present and William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice Mayor Fred B. Devitt III Commissioner Robert W. Hopkins II Commissioner William A. Lynch Commissioner Also Present and William Thrasher Town Manager Participating: John Randolph Town Attorney Rita Taylor Town Clerk Garrett Ward Police Chief William Wietsma Agent for Stevens IV. Minutes. A. Regular Meeting of March 8, 2002 B. Certification of Election Returns of March 15, 2002 C. Special Meeting of March 15, 2002 D. Special Meeting of April 1, 2002 Commissioner Lynch moved and Commissioner Hopkins seconded that all of the above minutes be approved as circulated and all voted AYE. V. Additions, withdrawals There were no changes VI. Announcements. deferrals the agenda reques tems. A. Joint Workshop with ARPB 4 -12 -02 @ 9 A.M. B. Regular Meetings and Public Hearings 1. Regular Meeting & Public Hearing 6 -14 -02 @ 9 A.M. 2. Regular Meeting & Public Hearing 7 -12 -02 @ 9 A.M. 3. Regular Meeting & Public Hearing 8 -9 -02 @ 9 A.M. 4. Regular Meeting & Public Hearing 9 -13 -02 @ 9 A.M. 5. Regular Meeting & Public Hearing 10 -11 -02 @ 9 A.M. 6. Regular Meeting & Public Hearing 11 -8 -02 @ 9 A.M. 7. Regular Meeting & Public Hearing 12 -13 -02 @ 9 A.M. Commissioner Lynch requested that the June meeting be changed to June 7, 2002 and all were in agreement with the change. VII. PUBLIC HEARING. The Town Clerk administered the Oath to William Wietsma. The Commissioners had no ex -parte communications to declare. Regular Meeting & Public Hearing Town Commission -April 12, 2002 i page 2 A. Applications for Development Approval 1. An application submitted by William Wietsma Co., Inc. as Agent for Gary and Frankie Stevens, the owners of property located at 3138 Gulf Stream Road, Gulf Stream, Florida, which is legally described as Lo 23 & South 25' of Lot 24, Gulf Stream Properties Subdivision. William Wietsma displayed a color rendering of the proposed "H" shaped two story Gulf Stream Bermuda style dwelling with the second story being over the center portion of the structure. He explained that they are proposing to demolish the existing home and retain the existing swimming pool to which they will add a spa. He further explained that a separate building is planned in back of the house that will be used as an office for Mr. Stevens, and the garage will be on the north side of the home with the existing dense hedge along that property line which will screen the doors. Commissioner Devitt asked if the separate building would be used as a guest house to which the reply was no, it will be an office and there will be no kitchen. Commissioner Orthwein questioned why the floor elevation is being proposed at +11.75' when the average of the floor elevations on each side of the property is +12.5' as recommended by the Town Manager. Mr. Wietsma advised that the ground elevation of one of the adjacent properties had been raised with fill to an unnecessary elevation and it was felt the +11.75' would be more reasonable. Town Manager Thrasher pointed out that the ARPB had recommended approval of this application with the condition that a new landscape plan be approved by the ARPB prior to issuance of a Building Permit. Mr. Wietsma advised that they had not had time to think through a really good plan prior to submission but did intend to submit a much better plan. a. LAND CLEARING PERMIT to remove Hong Kong orchid, gumbo - limbo, fiddle leaf fig, loquat and royal palm trees, to be replaced with new materials. Commissioner Orthwein moved to approve the Land Clearing Permit and Commissioner Lynch seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. b. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to demolish the existing dwelling and construct a new 2 -story Gulf Stream Bermuda style residence and pool house consisting of a total of 5,724 square feet. Commissioner Lynch moved and Commissioner Orthwein seconded that the Level 3 Architectural /Site Plan, which includes demolition of an existing structure, be approved based on a finding that the proposed two -story Gulf Stream Bermuda style residence, pool house and driveway Regular Meeting & Public Hearing Town Commission -April 12, 2002 page 3 with auto court meet the minimum intent of the Design Manual and applicable review standards, with the condition that a revised landscape plan be approved by the ARPB prior to application for a building permit. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. VIII. Reports. A. Town Manager 1. Polo Cove Drainage Outfall Update Town Manager Thrasher reported that the necessary easements have been obtained and materials for the project will be delivered on Monday with work to commence on Tuesday at 3211 Polo Dr. He further reported that the portion of work at 3138 Gulf Stream Road will commence as soon as the existing structure is demolished. Mr. Wietsma advised that the demolition would most likely be completed during the first week in May. 2. Little Club Drainage Structure & Agreement Update The Town Manager called attention to a letter received from the Little Club wherein they proposed to split the difference between what they felt the Town's share, $12,400, should be and what the Town offered, $4,600. That figure would be $8,500.00. With regard to the renewal of the agreement between the Town and the Little Club to cover maintenance of the drainage system, the Club was in favor of another 10 year agreement at the same percentage, 45% for Gulf Stream and 55% for the Club. The Club did not feel that the 10% the Town felt to be fair was valid due to the assumed added water flows through the drainage system from the property on the east side of the golf course. After considerable discussion, during which several counter offers were discussed, Commissioner Orthwein moved that a letter be prepared and sent to the Little Club, following a review by all Commissioners, advising that the Town would agree to pay $8,500 as the Gulf Stream share of the work to commence this month, provided a new 10 year agreement is executed establishing the Gulf Stream share of maintenance costs at 35 %, which is the percentage that was used in the 1982 agreement. Commissioner Hopkins seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. B. Architectural Review & Planning Board 1. Meeting Dates a. Joint Workshop with Twn. Commission 4 -12 -02 @ 9 A.M. b. Regular Meeting & Public Hearing 4 -25 -02 @ 8:30 A.M. c. Regular Meeting & Public Hearing 5 -23 -02 @ 8:30 A.M. d. Regular Meeting & Public Hearing 6 -27 -02 @ 8:30 A.M. e. Regular Meeting & Public Hearing 7 -25 -02 @ 8:30 A.M. f. Regular Meeting & Public Hearing 9 -26 -02 @ 8:30 A.M. g. Regular Meeting & Public Hearing 10 -24 -02 @ 8:30 A.M. Regular Meeting & Public Hearing Town Commission -April 12, 2002 page 4 C. Finance Director 1. Financial Report for March 2002 There was no comment regarding this report. Commissioner Lynch moved and Commissioner Orthwein seconded that the report be approved as presented and all voted AYE at Roll Call. 2. Water Consumption The report was acknowledged. D. Police Chief 1. Activity for March 2002 Chief Ward reported that all members of the Department have been issued, and have been certified in the proper use of the "Retractable Baton ". He advised that the training was provided by the Delray Beach P.D. Professional Standards Division and included re- certification in the use of pepper spray and handcuffing techniques. In addition, the P.B. County Division of Emergency Management provided training in the EM 2000 Emergency Management Computer Program for members of the Department and Town Hall staff. IX. Items for Commission Action. A. Appointment of a Special Master (Code Enforcement) The Town Clerk advised that the Special Master that had been engaged several years earlier is no longer handling this type of work. She further reported that the Law Offices of Glen Torcivia are handling the majority of this type of work in Palm Beach County. Several contacts were made and favorable recommendations regarding performance were received. The Clerk called attention to the material in the agenda packet and pointed out that no retainer was required and the fee for the Special Master services would be $130.00 per hour. Commissioner Lynch moved and Commissioner Orthwein seconded that the Law Office of Glen J. Torcivia be appointed to serve as Special Master for the Town at $130.00 per hour. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. B. Ordinance No. 02/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 30 OF THE TOWN CODE OF ORDINANCES RELATING TO TRAFFIC AND VEHICLES, CREATING A NEW SECTION 30 -4, ENTITLED PENALTIES FOR VIOLATION; PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (first reading) The Town Clerk read Ordinance No. 02/1 by title. Commissioner Lynch moved and Commissioner Orthwein seconded that this ordinance be adopted on first reading. There was no comment from the public. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. C. Reorganization 1. Election of a Mayor Commissioner Orthwein moved that Mayor Koch be re- elected to serve as Mayor and Commissioner Devitt seconded the motion. Roll Call: Comm. Orthwein AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. Regular Meeting & Public Hearing Town Commission -April 12, 2002 page 5 2. Election of a Vice Mayor Commissioner Hopkins moved and Commissioner Devitt seconded that Vice Mayor Orthwein be re- elected to serve as Vice Mayor. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. 3. Appointment of 2 ARPB Members for 3 year terms each Commissioner Orthwein moved that Chris Wheeler and Hewlett Kent be re- appointed to serve a 3 year term each as members on the Architectural Review and Planning Board. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. A. Items by Mayor and Commissioners. There were no items from the Mayor or Commissioners. X. Public. There was no comment from the public. XI. Adjournment, Mayor Koch adjourned the meeting at 8:50 A.M. on a motion to do so made by Commissioner Lynch that was seconded by Commissioner Orthwein with all voting in the affirmative. Rita L. Taylor, Town Clerk C MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 11, 2005 AT 11:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Koch called the meeting to order at 11 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by the Mayor. III. Roll Call. Present and William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice Mayor Fred B. Devitt III Commissioner William A. Lynch Commissioner Absent with Notice: Robert W. Hopkins II Commissioner Also Present and William Thrasher Town Manager Participating: Rita Taylor Town Clerk Garrett Ward Police Chief John Randolph Town Attorney Jack Potrekus Agent for Millers IV. Minutes of the Regular Meeting of Commissioner Lynch moved and Commissioner Orthwein seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Town Clerk Taylor requested that Item.IX.D., be heard after the Public Hearing. The Clerk requested to add Item.XI.F.- Reappointment of Special Master. There were no objections. VI. Announcements. A. Regular Meetings and Public Hearings 1. April 8, 2005 @ 9 A.M. 2. May 13, 2005 @ 9 A.M. 3. June 10, 2005 @ 9 A.M. 4. July 8, 2005 @ 9 A.M. 5. August 12, 2005 @ 9 A.M. 6. September 9, 2005 @ 9 A.M. Town Clerk Taylor announced these dates. The Town Clerk asked that all persons who intended to speak please stand to take the Oath. Town Clerk Taylor administered the Oath to Mr. Potrekus. There were no ex -parte communications declared. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Jack Potrekus, T&M Design, as Agent for Mr. & Mrs. Robert M. Miller, the owners of property located at 960 Emerald Row, Gulf Stream, Regular Meeting & Public Hearing Town Commission Page 2 March 11, 2005 Florida, which is legally described as Lot 59, Place Au Soleil Subdivision. Mr. Potrekus displayed a site plan. Mayor Koch asked what the decision of the ARPB was. Town Manager Thrasher advised that the ARPB unanimously recommended approval of the Special Exception and the Level 3 Architectural /Site Plan Review. There were no comments. a. SPECIAL EXCEPTION to permit a second story addition consisting of 954 square feet over an existing garage that encroaches 5 feet into the rear setback. Commissioner Devitt moved and Commissioner Lynch seconded to approve a special exception to allow the addition to a dwelling with a non- conforming rear setback. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit a single story addition, approximately 550 square feet, to the existing garage; to convert a portion of the existing garage to first floor living area; and to add a second story master bedroom suite above the existing garage of a partial two story Mediterranean Revival style dwelling. Commissioner Lynch moved and Commissioner Devitt seconded to approve a Level 3 Architectural /Site plan based on a finding that the proposed second story addition over an existing garage and extension of existing garage, a total of 954 sq. ft., meets the minimum intent of the Design Manual and applicable review standards. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. IX. D. Presentation of Audit for 2003 /2004 - Michael Sothen Mike Sothen, auditor from Nowlen, Holt & Miner, P.A., presented the audit report and explained that the audit was conducted in accordance with the U.S. Government Auditing Standards. Mr. Sothen was pleased to announce that the Town received a clean opinion, which, according to the U.S. Government Auditing Standards, is the best opinion that could be obtained. With regard to internal control over financial reporting and compliance, there were no weaknesses found. Town Manager Thrasher commended the town accountant, Linda Harvel, on her help with the audit. Commissioner Lynch moved and Commissioner Orthwein seconded to approve the audit for fiscal year 2003/2004. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. VIII. Reports. A. Town Manager 1. Proposed policy: Compensating exempt employees for extra time worked during emergencies. Town Manager Thrasher reminded that he was directed to prepare a policy to compensate exempt employees who must work unusually long hours during Regular Meeting & Public Hearing Page 3 Town Commission March 11, 2005 emergencies. Mr. Thrasher proposed that exempt employees be compensated for the extra hours worked at their regular rate of salary. The Town Manager added that FEMA would not reimburse the Town if the only reason were for reimbursement. The Commission discussed the policy and agreed that exempt employees be compensated for the extra hours worked during emergencies, at their regular rate of salary. Commissioner Lynch moved and Commissioner Orthwein seconded to approve the proposed policy to compensate exempt employees for the extra hours worked during emergencies, at their regular rate of salary. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. B. Architectural Review & Planning Board 1. Meeting Dates a. March 24, 2005 @ 8:30 A.M. b. April 21, 2005 @ 8:30 A.M. c. May 26, 2005 @ 8:30 A.M. d. June 23, 2005 @ 8:30 A.M. e. July 28, 2005 @ 8:30 A.M. Town Manager Thrasher announced these dates. C. Finance Director 1. Financial Report for February 2005 Mr. Thrasher asked that the report be accepted as submitted, if there were no questions. Mayor Koch questioned the $4,995.81 for system R /M, the $31 for advertising and the field visit charges. The Town Manager explained that the system R/M is for general repair and maintenance on the waterline. The advertising charge is for the phone listing with Bell South and the field visit charges are to cover costs for the Town's utility contractor, Earl Harvel, to check for leaks and drainage that could impact the Town. Mr. Thrasher added that he has gotten free fill from Briny Breezes and will get free fill from the Town of Ocean Ridge. Commissioner Lynch questioned the payroll transfer of $19,518.72. Mr. Thrasher explained that the Town has two accounts, an operating and a payroll account. The payroll transfer from the operating account is to cover the net amount of the payroll checks. Commissioner Orthwein asked if there have been any changes in banking now that Pointe Bank has changed to Mercantile Bank. The Town Manager stated that the rating is checked quarterly and currently the rating is still high. Commissioner Lynch moved and Commissioner Orthwein seconded to approve the financial report. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. Regular Meeting & Public Hearing Town Commission Page 4 March 11, 2005 D. Police Chief 1. Activity for February 2005 Chief Ward asked that the report be accepted as submitted, if there were no questions. The Chief reported that the emergency notification system has been reduced from $3,500 to $1,500. He added that he has been in contact with the vendor that produces this system and there would be no additional work on the Town's part. Chief Ward stated that he has forwarded the interlocal agreement with the County to Attorney Randolph. The attorney made some changes to the agreement and it was sent back to the County for review. Chief Ward added that he has gotten the cost for the in car video cameras. The total price for two cameras is $14,700 of which, the Civic Association agreed to contribute $10,000. He requested $5,000 be allocated for the balance. Mayor Koch asked if the cameras are interchangeable in police cars. The Chief stated yes, and that the procedure takes about 15 minutes. Commissioner Lynch moved and Commissioner Orthwein seconded to allocate $5,000 to be taken from unappropriated funds for in car video cameras. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. Commissioner Lynch asked if the crime rates are any different on the barrier island compared to Place Au Soleil. The Chief stated that studies have shown that property crimes are more on the east side. The crimes on the west are of a different nature in that they are being performed by local street thugs. Town Manager Thrasher requested to open a discussion regarding the hiring of two additional officers. The Commissioners were not in favor of discussing the matter at this time. IX. Items for Commission Action. A. Ordinance 05 /1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 22, NUISANCES, ARTICLE III, NOISE, BY INCLUDING A NEW DIVISION 3 TITLED NOISE ABATEMENT AND CONTROL FOR GENERATORS, INCLUDING SECTIONS RELATING TO DECLARATION OF POLICY, DEFINITIONS, REGULATIONS, HOURS OF OPERATION, LOCATION /SCREENING, NOISE REDUCTION AND PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. (2 °a reading /adoption) Town Clerk Taylor read Ordinance 05 /1 by title. Attorney Randolph pointed out a mistake in Section 22- 81(a), and he suggested that the language be changed to "reduce the noise to a level not to exceed 66dB(A)" or less. Regular Meeting & Public Hearing Page 5 Town Commission March 11, 2005 Wendy Overton, a resident, stated that she has contracted with a generator company to install a generator. Ms. Overton stressed that it is impossible to meet the Town's decibel level of 66dB(A). She stated the generator would go on only during an emergency. Mayor Koch explained that the reason the Town has to regulate the decibel level is because more generators are being installed and a decibel rating must be clear. Mr. Frank, of Personalized Power Systems, advised that the State of Florida and Palm Beach County decibel rate is 72dB(A). He explained that it is difficult to get a generator company to certify a generator decibel level at 66dB(A) . He stated that the generators would test once per week for fifteen minutes. Mr. Frank stated that it would be very costly to the town residents to install a generator with a custom cover and certification of a lower decibel level. Commissioner Devitt stated that he has always been in favor of a higher decibel level. Commissioner Devitt moved and Commissioner Lynch seconded to approve on first reading, Ordinance 05 /1 changing the decibel level from 66dB(A) to 72dB(A), and in Section 22 -80 changing the decibel level from 55dB(A) to 66dB(A) . Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. At 12:00 Noon Mayor Koch called a recess. At 12:05 P.M., Mayor Koch called the meeting to order. B. Resolution 005 -02; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, REQUESTING A CHANGE IN THE REQUEST FOR A PORTION OF THE COUNTY EMERGENCY MEDICAL SERVICE GRANT AWARD PROGRAM FUNDS FOR 2004 -2005 FOR THE CITY OF DELRAY BEACH, FLORIDA. Town Clerk Taylor read Resolution 005 -02 by title. The Town Clerk explained that this is an annual resolution naming the City of Delray Beach to utilize the Town of Gulf Stream's portion of the Emergency Medical Services Funds for the purpose of improving the EMS delivery system in Delray and Gulf Stream for fiscal year 2004 -2005. Commissioner Devitt moved and Commissioner Lynch seconded to approve Resolution 005 -02. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. C. Interlocal Agreement Between Palm Beach County and the Town of Gulf Stream Agreeing to Cooperate with the County for the purpose of implementing the Community Development Block Grant and Home Programs. Town Clerk Taylor explained that this is a three year agreement which allows Palm Beach County to use the Gulf Stream population count to help the County meet their quota to receive the funding for Community Development Block Grant and Home Programs. The Clerk added the Town originally did not participate in this program but has participated Regular Meeting & Public Hearing Page 6 Town Commission March 11, 2005 for several years. She advised there is a section in the comprehensive plan that addresses low cost housing and by entering into the interlocal agreement, this would fulfill the obligation. Commissioner Orthwein moved and Commissioner Devitt seconded to approve the Interlocal Agreement Between Palm Beach County and the Town of Gulf Stream agreeing to cooperate with the County for the purpose of implementing the Community Development Block Grant and Home Programs. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. E. Items by Mayor and Commissioners. There were none. D. Reappointment of Special Master. Town Clerk Taylor explained that the Town's Special Master agreement with Glen Torcivia & Associates, P.A., has expired. The law firm has agreed to continue to serve the Town at a cost of $145 per hour for another two years. Staff recommends that the law firm of Glen Torcivia & associates, P.A., be reappointed for another two years. Commissioner Orthwein moved and Commissioner Devitt seconded to approve reappointing the law firm of Glen Torcivia & associates, P.A., for another two years at a cost of $145 per hour. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. X. Correspondence. A. Request for support from Town of Palm Beach; Resolution # 17- 05; A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Urging Members Of The Florida Legislature To Support Municipalities In Their Quest To Place Overhead Utility Lines Underground. Mayor Koch commented that it is more difficult to repair underground line. The Commissioners agreed to support the resolution. The Commission directed staff to prepare a resolution supporting municipalities in their quest to place overhead utility lines underground XI. Public. There was no comments from the public. XII. Adjournment. Mayor Koch adjourned the meeting at 12:15. P.M. Yvonne E. Eckert, CMC Deputy Town Clerk MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JULY 10, 2009 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Koch called the meeting to order at 9:00 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by the Mayor. III. Roll Call. Present and William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice -Mayor (via telephone) Fred B. Devitt III Commissioner Muriel J. Anderson Commissioner Chris D. Wheeler Commissioner Also present and William H. Thrasher Town Manager Participating: Rita L. Taylor Town Clerk Garrett Ward Police Chief John Randolph Town Attorney Ron Bennett Nowlen, Holt & Miner William Wietsma Agent for Quarter Track LLC Marty Minor Urban Design Kilday Studios IV. Minutes of the Regular Meeting of June 12, 2009. Commissioner Anderson moved and Commissioner Wheeler seconded to approve the Minutes of the June 12, 2009 Commission Meeting as circulated. All voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes requested. VI. Presentation of the Audit for Fiscal Year 2007 - 2008 -Ron Bennett. Town Manager Thrasher introduced Ron Bennett, a Manager with the firm of Nowlen, Holt & Miner, P.A., who presented the Audit Report for Fiscal Year 2007 -2008. He thanked the Town for allowing his Firm to serve as auditors again this year and he thanked the Town's management and staff for their courtesy and cooperation, and congratulated them for doing a good job. Mr. Bennett prepared and distributed a 5 -year summary of the financial history of the Town's revenues, expenditures, General Fund Balance and the revenues and expenses for the Proprietary Fund. He reviewed each item, starting with Revenues, which he said have been amazingly consistent. Ad valorem taxes in 2008 were $343.00 more than 2007. This year, there was an excess of revenues over expenditures of a little over $300,000. There were some changes in the State of Florida's Chart of Accounts and, by definition, an occupational license is now a local business tax Regular Meeting & Public Hearing Town Commission - July 10, 2009 Page 2 and a franchise fee is now a license, which explains why the Licenses and Permits line item shows an increase in 2008 and Local Business Tax now has its own category. Revenues have been very stable, almost identical in 2007 and 2008, up slightly from 2006. 2008 Expenditures were almost identical to 2006 with a dip in 2007. The increase was primarily in the Police Department where expenditures for 2008 were about $260,000 more than in 2007. About $161,000 of that increase in expenditures was the Police Department and about $78,000 was in capital outlay (non- recurring items). In the Fund Balance for the last 5 years, Reserved is larger than Unreserved, which is unusual. The reason is the loan from the General Fund to the Water Fund of about $1.3 million. Other than that, the Unreserved balance is about 48% of the total expenditures, which Mr. Bennett considers to be toward the high end of a reasonable range. Mr. Bennett recommends a 25- 50% reserve. The total Fund Balance is over 100% of the expenditures, but more than half of that is not available because of the loan to the Water Fund. Mr. Bennett pointed out a couple of interesting items in the Proprietary Fund. Revenues, except for a slight drop in 2005, have increased slightly each year from 2004 to 2008. The change in net assets, which is essentially the equivalent of net income, has fluctuated from a $55,000 loss to $108,000 gain. What drives that is, all expenses, with the exception of two categories, are very stable. Water Purchases were stable except for one year. There were some leaks in 2006, a large capital project in 2007 and then the cost of water went back down. If you disregard 2006, revenues varied from $454,000 to $467,000, only a $13,000 variance over a 5 -year period, which is very stable. The other item with less stability is Repairs and Maintenance since you cannot control what may break and need repair. Mr. Bennett said that an interesting thing about the audit was the Water Fund's net profit of $218. With the Water Fund owing the General Fund $1.3 million, it will have difficulty paying back the loan with a $218 profit. Therefore, the Town must decide whether to raise water rates to fund the repayment or forgive the loan. Mayor Koch said he would prefer to write it off and Mr. Bennett said that would be his preference, but it would be up to the Commission to make that decision. Mr. Bennett stated that the purpose of an audit is for an outside CPA firm to render an opinion as to whether or not the financial statements are fairly presented in accordance with generally accepted accounting principals. Nowlen, Holt & Miner have issued a clean opinion this year saying the Town is in accordance with generally accepted accounting principals. Mr. Bennett opened the floor to questions. Commissioner Anderson asked about combining the Water Fund and the General Fund. The Commissioners received a memo from Town Manager Thrasher stating that he did not recommend this and Commissioner Anderson wanted Mr. Bennett's opinion. He stated he would be against it because it is a Proprietary Fund which is like a for profit business. Governmental accounting has different accounting rules for different funds. The General Fund is a Governmental Fund where Regular Meeting & Public Hearing Town Commission - July 10, 2009 Page 3 the basis of accounting is called Modified Accrual Accounting dealing with current assets and liabilities, no fixed assets. The Water Fund is an Enterprise Fund, where the basis of accounting is called Full Accrual Accounting. An income statement and a balance statement would look pretty much the same in an Enterprise Fund. An Enterprise Fund is funded by charges for services provided and a Governmental Fund is funded by ad valorem taxes and the Government would like those funds to be separated. Mayor Koch asked Mr. Bennett if his recommendation would be to write off the water debt. Mr. Bennett said he would recommend that, otherwise the Town would need a substantial rate increase in order to pay down the principal as well as the interest. If the debt is forgiven, it goes away and the General Fund will have a reasonable fund balance. About 48% of the 2008 expenditures are in the Unreserved fund balance. If there was no debt in the Water Fund, there would have been a net profit of about $46,000, but instead, $45,000 in interest was paid to the General Fund. Mayor Koch stated that he would like to write off the debt, Commissioner Anderson agreed and Mr. Bennett said that it would be totally within the authority of the Town Commission to do so. Commissioner Wheeler agreed and said he believes it is the Town's responsibility to provide infrastructure and would feel differently if the Town were trying to write off maintenance. Commissioner Wheeler moved and Commissioner Anderson seconded the motion to write off the outstanding debt of the Water Fund to the Town. All voted AYE. Town Clerk Taylor said there would be a Resolution presented to the Commission at the next meeting for signatures to confirm this action. Commissioner Wheeler moved and Commissioner Anderson seconded to accept the Audit for Fiscal Year 2007 -2008 as presented by Mr. Ron Bennett on behalf of Nowlen, Holt & Miner, P.A. All voted AYE. VII. Announcements. A. Regular Meetings and Public Hearings 1. August 14, 2009 m 9 A.M. 2. September 11, 2009 @ 9 A.M. 3. October 9, 2009 Q 9 A.M. 4. November 13, 2009 Q 9 A.M. 5. December 11, 2009 @ 9 A.M. Mayor Koch noted the upcoming meetings concerning the budget and stressed the importance of a quorum in order to approve budget items. He asked for a commitment of attendance. Commissioner Wheeler said he was okay with the regularly scheduled Commission meetings and the September 11th Commission meeting and Budget Hearing, but he was not sure about the second September Budget Hearing date. Town Clerk Taylor noted the memo included in the Commission packets giving the Commissioners a choice of three dates for the second Budget Hearing. The dates are Tuesday, Regular Meeting & Public Hearing Town Commission - July 10, 2009 Page 4 September 22nd, Wednesday, September 23rd or Thursday, September 24th at 5:01 P.M. Both Commissioners Wheeler and Orthwein said they will not be available for September 24th and both Commissioners Anderson and Devitt said they will be available for on all three dates. Town Clerk Taylor noted that the September Budget Hearings take place at 5:01 P.M. The first will follow the Commission Meeting on September 11, 2009 which will commence at 4:00 P.M. The Commissioners chose Wednesday, September 23, 2009 at 5:01 P.M. for the second Budget Hearing. Notices will be sent out and the September Commission Meeting and Budget Hearing dates and times will be noted on the August Agenda. VIII. PUBLIC HEARING. Mayor Koch disqualified himself from the Public Hearing stating his firm may be involved in the sale of this property, and passed the gavel to Commissioner Devitt. Clerk Taylor asked if there were any ex -parte communications on this matter. Vice -Mayor Orthwein said that she spoke to Mr. Wietsma regarding landscaping. Town Clerk Taylor acknowledged Vice -Mayor Orthwein and administered the oath to William Wietsma. Town Clerk Taylor read the following Application for Development Approval: A. Applications for Development Approval 1. An application submitted by William Wietsma, as Agent for Quarter Track LLC, the owners of property located at 555 Palm Way, Gulf Stream, Florida, which is legally described as Lot 20, Polo Cove Subdivision. a. LAND CLEARING PERMIT to clear the building site for new construction. b. SPECIAL EXCEPTION to permit 300 square feet of covered, unenclosed roof projection that exceeds the maximum permitted floor area ratio. c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the construction of a two -story single family Gulf Stream Bermuda style dwelling with 2 car garage, consisting of 5,568.5 square feet, and a swimming pool. Mr. Wietsma took the podium and said that he designed the house on a corner lot which means there are additional setbacks to deal with. Normally the design would be a 70 -foot wide house, but because it sits on a corner lot, the design is a 65 -foot house and is in 100% compliance with the Town Code. It is an Anglo- Caribbean style home with the front facing South on Palm Way. The structure consists of a two -story middle with one story on each side. Commissioner Wheeler moved and Commissioner Anderson seconded the motion to recommend approval of a land clearing permit. All voted AYE. Commissioner Wheeler moved and Commissioner Anderson seconded the motion to recommend approval to permit 300 SF of covered unenclosed roof projection that exceeds the maximum permitted floor area ratio. All voted AYE. Commissioner Wheeler moved and Commissioner Anderson seconded the motion to recommend approval of the Level III Architectural /Site Regular Meeting & Public Hearing Town Commission - July 10, 2009 Page 5 Plan based on a finding that the proposed demolition of the existing structures and the construction of a two -story Gulf Stream Bermuda style single family dwelling with attached 2 -car garage consisting of 5,568.5 SF and a pool meet the minimum intent of the Design Manual and applicable review standards with the following conditions: 1. Electric Service line shall be buried if they are not already. 2. The dock, boat and lifts will conform to the section 66- 369 in entirety. 3. Prior to the issuance of a Certificate of Occupancy the owner of the property shall prepare and record a deed restriction which shall provide that all unenclosed roof projection areas as approved shall remain so for as long as the structure is in existence or exceeds the maximum permissible FAR. 4. Prior to the issuance of a Certificate of Occupancy, the owner of the property shall prepare and record a Gulf Stream Driveway Removal Agreement. 5. The landscape plan, as shown, is conditionally approved; however, in the event of any minor modifications, the landscape plan will be submitted to the Town Manager for his review and approval. If major modifications are made to the landscape plan, it will be brought back before the ARPB for their review and approval, prior to commencement of landscaping. Before a roll call of votes, Vice -Mayor Orthwein asked Mr. Wietsma if it would make more sense to locate the generator closer to the propane tank. Mr. Wietsma stated that, from his standpoint, it makes more sense to locate the generator where the power comes into the house as planned. He said it would be surrounded by a hedge and the generator was very quiet. All Voted AYE. Commissioner Devitt returned the gavel to Mayor Koch. IX. Reports. A. Town Manager Town Manager Thrasher had one item on his report and had asked Linda Harvel to join the meeting. He explained that one Saturday each year Ms. Harvel attends the Hurricane Expo and throughout the year she participates in CRS organizational meetings as it relates to our Community Rating System on our insurance. The Town received a letter stating that as of June 19, 2009, the Town of Gulf Stream's CRS rating has gone from an 8 to a 7, which means that those residents located in a flood plain area will receive an additional 5% discount on top of the current 10% discount when they buy their flood insurance. Town Manager Thrasher said this would not have been possible without Ms. Harvel's assistance and thanked her. Mayor Koch asked if insurance companies will be aware of the change in the Town's rating when residents purchase their flood insurance. Town Manager Thrasher confirmed that insurance companies will be Regular Meeting & Public Hearing Town Commission - July 10, 2009 Page 6 informed by the same organization that the informed the Town. He said that the Town encourages its residents to call them to find out what flood zone they are in and that it is a requirement of the Town to provide this information on a timely basis and make a record of when this information was provided. Commissioner Wheeler also thanked Ms. Harvel. B. Architectural Review & Planning Board 1. Meeting Dates a. July 23, 2009 Q 8:30 A.M. b. September 24, 2009 @ 8:30 A.M. c. October 22, 2009 @ 8:30 A.M. d. November to be determined e. December 24, 2009 @ 8:30 A.M. There were no comments or questions from the Commission concerning the scheduled Architectural Review Planning Board meetings. C. Finance Director 1. Financial Report for June 2009 Town Manager Thrasher asked for approval of the Financial Report as submitted. Commissioner Anderson asked for a clarification of Check #7281. Town Manager Thrasher explained that it is the Special Magistrate fee for Code Enforcement actions. The Town must hire an attorney to preside over a hearing and make a ruling. The Town has renewed its contract with Glen J. Torcivia & Associates for Special Magistrate services and there is a fee for which the Town is often obligated to pay. Commissioner Devitt asked if this occurred often and Town Manager Thrasher said it was not very often. Commissioner Devitt asked if the homeowner shows up for a hearing and Town Manager Thrasher said they do. He explained that hearings are held for reasons such as code enforcement violations. Commissioner Wheeler asked about the loser paying the Special Magistrate cost. Town Manager Thrasher explained that that was the objective and fines are assessed. Commissioner Wheeler asked that when the Special Magistrate opines, does the Town pay the cost if they lose the case and does the resident pay the cost if they lose? If not, could the Town adopt an ordinance stating that henceforth, the loser of the case pays the fee? Town Manager Thrasher explained that when the Town wins and there is no corrective action, a fine is assessed. Attorney Randolph stated that the Code Enforcement Statute is very specific and the Town must follow it directly. It does not have that provision in it. It does include a provision where the Town can assess costs and often, in addition to a fine, the Town can assess a fine for costs. Attorney Randolph said that in other municipalities, a typical magistrate fee would be $150.00 and asked if the Town cites for costs as well as fines. Town Clerk Taylor stated that fines have always been larger than costs and the Town has only lost one case which was several years ago and they had to absorb the Special Regular Meeting & Public Hearing Town Commission - July 10, 2009 Page 7 Magistrate fee. Town Manager Thrasher stated that fines can be as high as 250.00 a day. Commissioner Wheeler stated that he would like to address this matter again and rule that the loser of the case is responsible for the cost. Commissioner Anderson moved and Commissioner Devitt seconded to approve the Financial Report as submitted. All voted AYE. D. Police Chief 1. Activity for June 2009 Chief Ward said that in the interest of Commissioner Anderson's inquisitiveness regarding grand theft, the Town has had another incident where a wallet was stolen from a residence during a party given by the owner. There was less than $100.00 in the wallet, but the wallet was valued at $600.00. Commissioner Wheeler moved and Commissioner Anderson seconded to approve the Activity Report for June, 2009. X. Correspondence. A. Confirmation of Town Manager Certification from ICMA Town Clerk Taylor read a portion of the certification letter to the Commission, a copy of which was included in their packet. "Thank you for submitting the annual update required to maintain the credential. Your submission was good and has been reviewed by the Credentialing Advisory Board. You will soon receive an updated certificate." She said, "and then they close by saying, We congratulate you and support you as you continue to fulfill your professional development plan and pursue the goal of lifelong learning. Your commitment to professional development is so important to the public we serve, and the profession will respect you for lifelong learning and growing." Mayor Koch noted that Town Manager Thrasher is also on the Board of the Palm Beach County League of Cities. XI. Items for Commission Action. A. Ordinance No. 008/10; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE ADOPTED TOWN OF GULF STREAM COMPREHENSIVE PLAN BY ADOPTING THE EAR BASED COMPREHENSIVE PLAN AMENDMENTS AS SET FORTH HEREIN AND ATTACHED HERETO; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREOF; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. (2 °d reading & adoption) Town Clerk Taylor announced that this is the second reading of Ordinance 008/10 and read the Ordinance title. Clerk Taylor said the Ordinance passed first reading on October 10, 2008 and is being presented today for adoption. She announced that Marty Minor, who represents the planning firm of Urban Design Kilday Studios, worked on this project and was present to answer any questions. Commissioner Devitt asked if the maps are completely accurate and Clerk Taylor said there was one error where a section of the County shows as part of the Town, which is an area Regular Meeting & Public Hearing Town Commission - July 10, 2009 Page 8 of condos along AIA. Commissioner Wheeler asked if the FIND land is within the boundaries of the Town and Clerk Taylor confirmed that it is. Commissioner Devitt asked about the REC property and the Mayor stated that it belongs to the Golf Club. Commission Wheeler asked about the small blue section next to the REC property and the Mayor said it is the FIND property. Mayor Koch asked if the Ordinance would be submitted to the State and Clerk Taylor asked Mr. Minor to address the question. Mr. Minor said that following adoption of the Ordinance, it would be sent to the State and to the Treasure Coast Planning Council and, by statute, the State has 45 days to express any concerns or issue an appeal. He said that during the past 6 weeks he has worked with the DCA who provided an informal review and had no concerns. Commissioner Wheeler noted that there were no material changes over the years and Mr. Minor said that any changes made to date were mostly updates to reflect new material and eliminate old material. Commissioner Wheeler asked if the Town was required by law to update at regular intervals. Mr. Minor said the required update it is usually every 5 years and this is the first update for the Town because the previous requirement had a population cap and Towns below that cap did not have to update. That cap has now been removed. Commissioner Wheeler moved and Commissioner Anderson seconded to approve the 2 °d reading and adopt Ordinance 008 /10. All voted AYE. B. Appointment of 2 Alternate Members for ARPB Town Clerk Taylor brought attention to a letter of interest included in the Commission packet from Mr. Malcolm Murphy. The Mayor asked if anyone knew Mr. Murphy and Commissioner Anderson said she recommended him. Commissioner Anderson said that Mr. Murphy was formerly the President of Place Au Soleil and is currently a Director on the Civic Association Board. She said he is very active, knowledgeable and willing to do the work of the ARPB. He is in Town all year, but Mr. Murphy was previously with Day Jet and they declared bankruptcy. Therefore, he is seeking employment and may have to leave, but as long as he is in Gulf Stream, he will be available as an Alternate. If he must resign, Commissioner Anderson said there was someone else who is also here all year and would step in. Commissioner Anderson moved and Commissioner Wheeler seconded the motion to appoint Malcolm Murphy as an Alternate to the ARPB. Vice -Mayor Orthwein stated that she votes AYE based on Commissioner Anderson's recommendation and Commissioner Wheeler stated that the reason for his second was based on Commissioner Anderson's recommendation. All voted AYE. Clerk Taylor noted that there is one more Alternate to be appointed to the ARPB. C. Presentation of Proposed Budget for 2009 -2010 1. Budget Consideration Mayor Koch informed the Commission that the City of Delray returned a revised Fire Contract to the Town. The City turned down the Town's proposal and came back with another Contract. It was received the afternoon before the Commission Meeting which did not allow time for review by the Commission prior to Regular Meeting & Public Hearing Town Commission - July 10, 2009 Page 9 the meeting. Mayor Koch said it will take some discussion and will be on the August Commission Agenda and distributed for review prior to the meeting. Town Manager Thrasher noted that the Town has until September 30, 2009 to renew the Fire Contract with the City of Delray. Commissioner Devitt asked if there was anything different about the new Contract. Town Manager Thrasher said that there were two differences in the new Contract. The first is the amount of money, which has been incorporated into the Town's proposed budget. The second difference is the removal of the clause in the previous Contract referring to an additional cost to Town when Station #2 is fully- staffed. Town Manager Thrasher stated that the proposed 2009 -2010 Budget was provided in the Commission packet for review and a memo was distributed prior to the meeting explaining certain line items. He noted that this budget incorporates the new Fire Contract fees representing almost an 84% increase in costs for that single line item, which is a major increase to this budget. The Town does not control those fees and does not have the ability to reduce them. Town Manager Thrasher stated that the budget was created by using the roll back rate. This year it is a roll up. Last year's millage rate was 2.8655. The proposed budget has a millage rate of 3.0437. This budget proposes an increase in the millage rate, but it is not an increase in tax dollars to the residents. It provides the same revenue to the Town as last year. Total revenues to the Town have gone up less than one -half of a percentage point, or .47 %. Expenditures have gone up by that same amount. The proposed budget provides a $38,000 contingency at this time. However, additional information is still being gathered on various lines items and, therefore, the contingency amount could change. Gross Taxable Values have gone down by 5.5% for the first time in the 15 -year history of tracking those numbers, which is provided as part of this budget. The Town has never experienced this before, but it is largely due to State law and how we have been made to conform to these laws in some respects. The proposed budget includes a 2% increase in salaries. There have been personnel changes in both Administration and the Police Department. The new Administrative Assistant's salary is not the same as that of the employee that left that position and she is not entitled to a 2% salary increase. As turnover takes place in the Police Department, new officers come in on a step increase program and are not entitled to a 2% salary increase. overall cost for salaries from 2008/2009 to this proposed budget is up one -tenth of 1 %, or $329.00. It is the same scenario for the Police Department, but they have more employees. Their overall wages are up .66 %, a little over one -half of a percentage point, for a total of $5,178, which is spread over 11 employees. A salary adjustment for the Maintenance Specialist is proposed for various reasons, but primarily because of his ability to assist in a wide range of Regular Meeting & Public Hearing Town Commission - July 10, 2009 Page 10 activities. In previous years, maintenance specialists were not able to perform such functions. Capital is substantially reduced, but it is adequately provided for. Commissioner Wheeler asked what the amount of revenue would be if the millage rate was not increased. Town Manager Thrasher said it would be approximately $125,000 less. Commissioner Wheeler wanted to know, if the Town did not increase the millage rate and found a way to absorb the hit for property values, where could we pull $125,000 out of this budget? What would the Town have to endure in order to not move the millage rate? Commissioner Wheeler said that he is not advocating this, but he believes this would be a healthy exercise for the Town and very helpful when talking to residents when they ask why the Town changed the millage rate. Can we say that unless we change the millage rate it would cost a police officer, a car, a staff person, a reduction in services? Commissioner Wheeler asked Town Manager Thrasher to look into what the Town would have to do to absorb a decrease of $125,000 in revenue. Town Manager Thrasher noted that during this Commission Meeting a tentative millage rate must be set as it will be advertised. Clerk Taylor said that the millage rate set at the meeting can be lowered, but not increased. Commissioner Wheeler said he was comfortable with the concept, but he would like Town Manager Thrasher to look into how the Town would be able to absorb a decrease in revenue and not increase the millage rate and repeated that he is not advocating this, but believes it is a healthy discussion that the Commission should have. Commissioner Devitt asked if the proposed budget includes the new Fire Contract fees. Town Manager Thrasher confirmed that it does. Mayor Koch stated that there is a large increase in benefits. Town Manager Thrasher said that administrative benefits as listed show a decrease of .45 %. The new Administrative employee does not qualify for retirement benefits for 6 months and does not qualify for insurance benefits until after 30 days of employment, which the numbers attempt to reflect. The Police Department shows an increase of 2.72% in overall benefits, but benefits have not increased and the platform has not changed. This is the 3rd year the platform remains in consistent format. Town Manager Thrasher said that as insurance quotes come in, he may have to retract some of these statements, but what the proposed budget shows is a stable platform of benefits from last year to this year and, actually, from 2 years ago to this year. Concerning the Capital line item for Streets, Commissioner Wheeler asked if Town Manager Thrasher anticipates an expense. He asked if the number is based on history or does the Town anticipate spending the $35,000 on something specific. Town Regular Meeting & Public Hearing Town Commission - July 10, 2009 Page 11 Manager Thrasher said he does anticipate some things. There is the consistent need for paving and the challenge is when we do it and the type of paving process used. It was discovered that simple overlay in the core district does not work well. Commissioner Wheeler said that if the Town does it every year, the numbers are fine, but if the Town anticipates a specific expense, that would be different. Town Manager Thrasher said there is anticipation of a storm drain change -out problem at Polo and Banyan. He has no idea of what the extent would be, but a problem is coming to the surface. In addition, in discussions with the President of Place Au Soleil, there is a proposal for a cooperative effort between the Town and the Association for a modification to their entrance way. Commissioner Wheeler asked why the expenditure for Garbage Collection is $132,000 and on the Revenue side, it is $126,000 and wanted to know why the line items do not balance. He asked why the Town is not recovering solid waste cost through the revenue source. Town Manager Thrasher said he did not want to increase fees to residents. Commissioner Wheeler asked if the Town was recovering the cost through millage rate or user fees. He stated that the concept is to make the user pay and with a material change in garbage services he would rather recover the cost with garbage fees as opposed to increasing the millage rate. We do not want to bury a cost item into millage rate if there is a fee to recover it. The idea is to match the cost to the fee we charge. Vice -Mayor Orthwein said that would be her preference also, rather than bury the cost in the budget. Town Manager Thrasher said he assumes the Town is going with the roll back rate, which has worked 5 out of 7 years and believes it will work in a time when we have decreased values. There will be an increase in millage rate, but not an increase in taxes. Town Manager Thrasher said that the budget numbers for garbage are his guesses because he has not yet received information from Waste Management as to what the new fees will. Commissioner Wheeler said that we need to adjust our revenues to cover the costs. Commissioner Devitt asked about the $24,000 additional storage expansion design cost. Town Manager Thrasher said there was some discussion by the Commission about 4 months ago concerning the enlargement of our facility and he was anticipating design costs. Mayor Koch said there is a need for additional storage space on site. Commissioner Anderson asked if the $24,000 was for design and building. Town Manager Thrasher said it was for the design only. Mayor Koch felt it was high just for design. Commissioner Wheeler asked what the objection would be to paying a monthly fee to a storage facility off the island with the threat of hurricanes and flooding. Mayor Koch said he has witnessed the time and effort that goes into working around limited space and sees a need for a better and secure storage area on site rather than moving documents back and forth to the mainland. Clerk Taylor Regular Meeting & Public Hearing Town Commission - July 10, 2009 Page 12 said the Town does not retain many documents passed the date the State allows us to dispose of them. Staff is in and out of documents we have stored on site on a regular basis and can quickly answer a caller's question, provide a copy of a document or respond to a public records request in a timely manner. Roll plans and larger storage items are kept in the maintenance building. Commissioner Devitt asked if the idea is to add on to the main building or build a separate facility. Town Manager Thrasher said he thought the talk was to add on to the main building, but it could be an addition to the maintenance building or a free - standing building. Vice - Mayor Orthwein said a free - standing hurricane -proof building would be a better option. Commissioner Wheeler asked if the half -cent sales tax in Florida's revenue sharing is determined by population. Town Manager Thrasher said that it is part of the formula and the State is becoming more involved with the distribution of funds. One significant thing is that the State is taking an additional $5.00 out of every ticket written. Sales tax is provided to us in the LGIR, which every local government receives, and it is the estimated yearly revenues for such things. The State has now revised the estimate from the previous year and it is no longer a method governments have as a tool for estimating their revenues. The revenue the Town generates from writing tickets is insignificant and other towns are writing more tickets and receiving less money. Commissioner Wheeler said that all of his preliminary questions have been answered and he will have others at the next meeting when we have the discussion concerning millage. 2. Proposed Millage for 2009 -2010 Town Manager Thrasher said that what the Commission had before them was a proposed millage rate of 3.0437. Commissioner Devitt moved and Commissioner Anderson seconded to adopt the proposed maximum millage rate not to exceed 3.0437. All voted AYE. 3. Certification of Rolled Back Millage Rate Town Manager said that the proposed Millage Rate is the same as the Roll Back Rate. The Roll Back Rate is 3.0437. Commissioner Anderson moved and Commissioner Devitt seconded to certify the Roll Back Rate at 3.0437. All voted AYE. 4. Date of First Public Hearing for Budget Adoption Town Clerk Taylor asked for a motion to set the date of the first Public Hearing for budget adoption on the regular meeting date of September 11, 2009 at 5:01 P.M. Commissioner Wheeler moved and Commissioner Devitt seconded to set the date of First Public Hearing for budget adoption on the regular Regular Meeting & Public Hearing Town Commission - July 10, 2009 Page 13 meeting date of September 11, 2009 at 5:01 P.M. All voted AYE. 5. Date of Second Public Hearing for Final Budget Adoption Town Clerk Taylor asked for a motion to set the date for the second Public Hearing for final budget adoption on the date agreed upon of September 23, 2009 at 5:01 P.M. Commissioner Wheeler moved and Commissioner Devitt seconded to set the date for the second Public Hearing for final budget adoption for September 23, 2009 at 5:01 P.M. All voted AYE. D. Items by Mayor and Commissioners Mayor Koch reminded the Commissioners that the Fire Contract would be on the August Agenda. XII. Public. There was no public comment. XIII. Adjournment. Mayor Koch adjourned the meeting at approximately 10:10 A.M. Gail C. Abbale Administrative Assistant