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HomeMy Public PortalAbout07/12/2013MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JULY 12, 2013 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order: Mayor Orthwein called the Meeting to order at 9:00 A.M. II. Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Orthwein. III. Roll Call: Present and Joan K. Orthwein Mayor Participating Thomas NI. Stanley Vice -Mayor W. Garrett Dering Commissioner Robert W. Ganger Commissioner Donna S. White Commissioner Also Present and William H. Thrasher Town Manager Participating Rita L. Taylor Town Clerk John "Skip" Randolph Town Counsel Garrett Ward Police Chief Martin O'Boyle Town Resident Jonathan O'Boyle Mr. O'Boyle's Son IV. Minutes: A. Regular Meeting & Public Hearing held on June 14, 2013 Commissioner Ganger moved and Vice -Mayor Stanley seconded to approve the Minutes of the Regular Meeting held on June 14, 2013. All voted AYE. V. Additions, Withdrawals. Deferrals Arrangement of Agenda Items• There were no comments. VI. Announcements: A. Mayor Orthwein announced the upcoming Regular Meetings and Public Hearings. 1. August 9, 2013 @ 9:00 A.M. 2. September 13, 2013 @ 9:00 A.M. 3. October 11, 2013 @ 9:00 A.M. 4. November 8, 2013 @ 9:00 A.M. 5. December 13, 2013 @ 9:00 A.M. �1 VII. Communications from the Public a min. maximum) Mr. O'Boyle inquired if the public had a comment on an agenda item, post Article VII (Communications from the public), can they speak on that particular item. Mayor Orthwein responded "That is correct ". Regular Meeting and Public Hearing Town Commission Meeting July 12, 2017 — Page 2 Mr. O'Boyle welcomed Commissioner White. He listed reasons he was suspicious of the Commissioners not performing their dudes. Mr. O'Boyle referred to the Public Record lawsuits and displayed a document he received which he felt was doctored. Mr. O'Boyle also read an email he received from Mr. Minor. Mayor Orthwein stated that the Commissioners depend on Town Manager Thrasher's and Mr. Minor's Oinput. Vice -Mayor Stanley reported that Mr. O'Boyle's five (5) minute limit had expired. Mr. O'Boyle continued to discuss the MacDonald's sub - division's letter and documents not being in the MacDonald package. Mayor Orthwein asked for more public comments from the audience. Jonathan O'Boyle gave his opinion on public officials. VIII. Reports: A. Utility Undergrounding — Danny Brannon (Engineer) Town Manager Thrasher reported on the Utility Undergrounding in the absence of Mr. Brannon. He stated that the RFP are on the streets, and plans are underway to have the bidding open on July 26, 2013. Town Manager Thrasher continued that at the pre - bidding meeting there were approximately eight (8) different bidders which was a wen' good sign with competitive pricing. He continued that the project is off the ground, and that the physical work should begin in September. Commissioner Ganger inquired if the residents are responding to the easement requests. Town Manager Thrasher responded that it takes time to obtain the necessary easements but we are receiving some. Commissioner Dering inquired as to who analyzes the bids when they are received. Town Manager Thrasher stated that it is a composite of Danny Brannon, one (1) or two (2) representatives from his office, Town Clerk Taylor and himself. He stated that the opening will determine responsiveness. Town Manager Thrasher continued that there will be criteria established by Mr. Brannon that ranks the appropriate information that will identify who maybe the responsive bidder. He prodded further information on the ongoing process. Town Manager Thrasher repeated that Mr. Brannon does the analysis. Commissioner Ganger inquired if the bid was just for the fast phase. Mayor Orthwein responded "Yes ". Regular Meeting and Public Hearing Town Commission Meeting July 12, 2013 — Page 3 Town Manager Thrasher also reported that the requirements the Town must meet is that the Inspector General's Contract Division must be apprised of the RFP's addendums, and representatives of the Inspector General's Office be present at the bid opening. Commissioner Ganger inquired if the surveyors presently on AlA were part of this process. Town Manager Thrasher responded that he did not know for sure but possibly had something to do with the casements. Vice -Mayor Stanley inquired regarding foreclosed property easements and FPL. Town Counsel Randolph responded that Mr. Brannon would be in touch with the Town regarding that issue. B. Town Manager Town Manager Thrasher stated he had no report. C. Architectural Review & Planning Board Mayor Orthwein read the upcoming Meeting Dates: a. July 25, 2013 @ 8:30 A.M. b. August 2013 — No Meeting c. September 26, 2013 @ 8:30 A.M. d. October 24, 2013 @ 8:30 A.M. e. November — TBD f. December — TBD D. Finance Director 1. Financial Report of June 2013 Town Manager Thrasher commented that there are certain projects in this current fiscal year that have been budgeted, but that he will not be starting. He further reported that there will be no more paving projects this fiscal year. Town Manager Thrasher continued there will be two (2) computer projects scheduled, one for the Police Department, and one for Town Hall with regard to the failing serer. He stated that there will be no fire study completed working with the other barrier island communities this year. Town Manager Thrasher also mentioned postponing any designing of a Town Hall addition. He stated he has asked the Police Chief to avoid unnecessary spending and that he will do that as well, wherever possible. Town Manager Thrasher reported that the Town was reimbursed from the insurance company for the lightning i damage to the telephones. He detailed some of the plumbing and stone drain replacements. Commissioner Ganger inquired if any of the residents offered to help with the replacements. Town Manager Thrasher explained that a resident offered his boat lift to the Town during repairs. He further detailed the jet valves issues and "pinning ". Town Manager Thrasher reported that these unplanned problems were completed successfully. Regular Meeting and Public Hearing Town Commission Meeting July 12, 2013 — Page 4 Commissioner Ganger stated with the recent cutbacks nothing would impede dealing with a hurricane. He also asked if the car /cars for the Police Department had been ordered. Town Manager Thrasher stated "That's correct ". He reported that both vehicles were on site and the Officers are in the process of changing over all the required equipment themselves. OCommissioner Dering inquired when the new financials would be ready for distribution. Town Manager Thrasher responded August 1 ". He stated that there were trial presentations available in the Office for anyone to review. Commissioner Dering questioned being over budget by approximately $80,000 in salaries and benefits. Town Manager Thrasher detailed the additional costs: new Police Officer, clerical overtime hours, additional hours in training new employees, volume of work, and several late webinars. He continued that these have occurred out of need and requirements to accomplish the task. Commissioner Dering stated he had "no clue" until he received the copy of the budget, and felt it was a lot of money. Mr. O'Boyle interrupted stating "Point of Order ". Town Counsel Randolph explained that Mayor Orthwein calls for public comments at the appropriate time. He also reported that points of order were made by the Commissioners themselves. Town Counsel Randolph further stated that he is advising this Commission that they have the right to determine when public comments are made. He stated that it was not appropriate for Mr. O'Boyle to be speaking during this Commission discussion. There was a detailed discussion regarding rules of order. E. Police Chief 1. Activity for June 2013 Police Chief Ward provided the Activity Report for June 2013 which was accepted. IX. Correspondence: A. Resolution No. 2013-11 Town Clerk Taylor read Resolution No. 2013 -11. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF JUNO BEACH, FLORIDA, SUPPORTING THE ENACTMENT OF FEDERAL. LEGISLATION TO CREATE A COMPREHENSIVE INTEGRATED NATIONAL CATASTROPHE FUND; AND PROVIDING FOR AN EFFECTIVE DATE. Regular Meeting and Public Hearing Town Commission hfeeting July 12, 2013 — Page 5 Commissioner Ganger applauded the Town of Juno Beach, Florida but stated that it is not worth the Town of Gulf Stream's time, it had "no teeth ", and it was not voted upon. B. Request for Support of the Guardian ad Litem Program of Palm Beach County. Town Clerk Taylor stated that the Proclamation request did not arrive in time for the June meeting. Commissioner Ganger suggested that this request be passed on to the Civic Association, as the cause is a noble one but the Town had other priorities. X. Items for Commission Action: A. Designation of Voting Delegate & Alternates for Palm Beach County League of Cities After a discussion, it was determined that Mayor Orthwein would be the Voting Delegate, and all other Commissioners, including Town Manager Thrasher would be the alternates for the Palm Beach County League of Cities. B. Resolution No. 013 -03 Town Clerk Taylor read Resolution 013 -03; A RESOLUTION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, NAMING AUTHORIZED SIGNATORIES FOR THE TOWN OF GULF STREAM BANI{ ACCOUNTS; AND PROVIDING FOR AN EFFECTIVE DATE. Commissioner Ganger moved and Vice -Mayor Stanley seconded to approve Resolution No. 013 -03 naming all Town of Gulf Stream Commissioners, Town Manager Thrasher and Town Clerk Taylor as authorized signatories for all Town of Gulf Stream Bank accounts. All vote AYE. C. Notice of Special Magistrate Personnel Changes and Fee Schedule Update —Law Office of Glen J. Torcivia & Associates Town Clerk Taylor read the letter received July 2, 2013, from the Law Office of Glen J. Torcivia & Associates regarding the Special Magistrate Personnel Changes and Fee Schedule Update. She listed the Special Magistrates and their experience who would be directly serving the Town of Gulf Stream. They are Glen J. Torcivia, Lisa Conford and Barbara Alterman. Town Clerk Taylor also reported the increased fee of one hundred ninety -five ($195.00) per hour. A discussion ensued. Vice -Mayor Stanley moved and Commissioner Dering seconded the Special Magistrate Personnel Changes and Fee Schedule Update ($195.00 per hour) from the Law Office of Glen J. Torcivia & Associates. All voted AYE. D. Proposed Approval of JAG funds for FY 2014 — Criminal Justice Commission Town Clerk Taylor responded to questions and stated that this approval is required each year in order to distribute the funds. There must be an approval of 51% of the municipalities in Palm Beach County in order to receive the funds. Regular Meeting and Public Hearing Town Commission Meeting July 12, 2013 — Page 6 Commissioner Dering moved and Commissioner Ganger seconded to approve JAG funds, for FY 2014 - Criminal Justice Commission. All voted AYE. Mayor Orthwein called for a five (5) minute break. O E. Presentation of Proposed Budget for Fiscal Year 2013 — 2014 1. Budget Consideration Town Manager Thrasher stated that once a proposed millage rate is established at this meeting it cannot be increased from whatever is proposed here by the Commission. He continued that it can be however always be decreased. Commissioner Ganger inquired for the record if the critical dates are by the end of this month that the Commission has to propose a millage rate. Town Manager Thrasher responded that by the end of this month the Commission has to certify the proposed millage rate, and certify the taxable values on a certification form, as all the municipalities do. He continued that then there will be a tentative Budget Hearing. A date will be established at this meeting. Town manager Thrasher further stated that within a timeline of the statute, the Town will have a final Budget Hearing within the month of September. Those meetings will begin at 5:01 in the afternoon. Town Clerk Taylor stated that the statute dictates the order of items on the Agenda. Commissioner Ganger stated how there is not a great deal of flexibility with this and that this is the "kickoff'. 2. 2012 -2013 Millage Rate Town Manager Thrasher detailed 1 /10`h of a mill and stated at the present time the Town's millage rate is 3.1 %. He continued there is a proposal to increase to 3.49 mills. Town Manager Thrasher stated that in regards to a major component to the budget, as far as expenditures are concerned, there were strong suggestions from the Civic Association and a unanimous vote of their Board to change the Town's streetscape and we are proceeding with that theme. In this budget, the proposal, so far, is to allocate $280,000 to that capital project for street signage, lighting and poles. Town Manager Thrasher continued that the Town will be borrowing the General Fund monies from the undergrounding fund, and will be paid back to the undergrounding fund in eighteen (18) months. Those payments will be from two (2) fiscal years of millage rate increases to make the total payments. He detailed the alternatives due to uncontrollable occurrences. 3. Proposed Millage for Fiscal Year 2013 -2014 Town Manager Thrasher repeated that the proposed millage rate was 3.49, an increase of 12.6% from last year's rate of 3.1. He reported that there was a "bump" in operating purposes e.g., $768,000,000, from the year before $729,000,000, due to new construction. Town Manager Thrasher detailed the fire contract increase of 5% with Delray Beach. He further explained the tolled -back rate is 2.9739 in which a municipality can assess property owners an amount in millage rate sufficient to generate the same revenue as the previous year. Town Manager Thrasher addressed and detailed the employee payroll wages increases of 2.5% with Regular Meeting and Public Hearing Tonn Commission Meeting July 12, 2013 — Page 7 regard to the CPI (Consumer Price Index) and salary adjustments. He said that it is a balanced budget and a working document. He addressed the Final Budget Revised Column figures. Town Manager Thrasher detailed the increase in the employees' health insurance and addressed the option of the employees themselves paying a portion of the increase which has not been exercised since he arrived in Town. He reported that in the past Chief Ward has researched various schedules of benefits to try to provide a benefit Opackage in some way assimilate to what defined benefit packages throughout the barrier island communities. The Town's Retirement Plan is not a defined benefit but rather a defined contribution and is flexible. It can be changed at the very next meeting, if the Commission so chooses. Mayor Orthwein addressed the issue of not being competitive with other Police Department's staff, with regard to hiring new officers. Town Manager Thrasher explained the differences between defined benefits and defined contributions. He repeated the issue of a policy decision by the Commission. Town Manager Thrasher added that in the 21- year cycle of the Town the average millage rate was 3.517, and this proposed budget's figure is 3.49. He continued to declare that the calculated rolled -back rate for the Town of Gulf Stream FY 2013 -2014 cycle is 2.9739 and that proposed millage rate is 17.35% higher than the rolled -back rate. Mayor Orthwein asked for any comments. Commissioner Ganger reminded everyone that the Civic Association was the primary "mover" of the streetscape project and they represent approximately 75 -80% of the Town's residents. He further explained that the $280,000 for that project appearing in this year's budget was carefully calculated. Commissioner Ganger also questioned if there should be more monies budgeted for undetermined expenses. A decision ensued regarding projected amounts. Town Manager Thrasher said it is very prudent to think in those directions. He suggested going to 3.69 which generates another $140,000, and that could be directed to a certain line item or reserves which would be another $200 for each property owner. Mayor Orthwein commented that the Town used to run a very tight budget, but it is the Town's responsibility to buy new cars for the Police Department. She commended the Civic :association for their participation. Commissioner Ganger stated that the Town has to be blatantly honest as possible with their constituents. He continued that the Town should send the County a budget that they would not exceed, and spend the next few weeks "chipping away" at it with the public's support. Mayor Orthwein stated that the residents want the Town to look better and would pay the additional $200. Regular Meeting and Public Hearing Town Commission Meeting July 12, 2013 — Page B A discussion ensued regarding the anticipated line item for reserves of $50,000 which has already been spent. Commissioner Dering suggested instead of Town Manager Thrasher's suggestion of 3.69, it should be 3.70. He said "It is what it is ", and it should be done now and get it out to everyone. Town Counsel Randolph stated that Town Manager Thrasher must recalculate the rolled -back figure at this time. Commissioner Ganger moved and Vice -Mayor Stanley seconded to approve the new amount be 3.70. All voted AYE. Commissioner White discussed the new lighting project's financial impact on the millage rate, although Place Au Soled was not included in the new project. Mayor Orthwein suggested as the Town goes forward, keeping it as one Town from now on, and not two. Town Manager Thrasher made rough calculations to detemline the dollar amount the Town contributed to the "entrance" project which was not completely funded by the residents of Place An Soled, and the numbers were equal to the amount of money that Place An Soled property owners will pay towards the Town's streetscape. He continued that the Place Au Soled residents did not cover the entire cost of their project, and therefore, it was a "wash ". A discussion ensued regarding the new street fights while Town btanager Thrasher recalculated figures. Town Manager Thrasher returned to dais with updated calculations. Commissioner Ganger suggested starting with a number that would not be exceeded, and then work very diligently to find ways to make the reserve more, rather than less, and still be able to reduce the rate. Town Manager Thrasher reported that the new proposed millage rate for FY 2013 -2014 is 3.70 which is 24.42% higher than the 2013/2014 rolled -back figure of 2.9739. 4. Certification of Rolled -Back blillage Rate Town Clerk Taylor reported that a motion must be made for the certification of the rolled -back millage rate of 2.9739. Commissioner Ganger moved and Vice -Mayor Stanley seconded to approve the certification of the rolled -back millage rate of 2.9739. Mayor Orthwein -Yea, Commissioner Ganger -Yea, Vice -Mayor Stanley - Yea, Commissioner Dering- Yea and Commissioner White -Yea.. 5. Date of First Public Hearing — Tentative Budget Adoption Mayor Orthwein suggested September 13, 2013, at 3:30 PAL Regular Meeting and Public Hearing Town Commission Meeting July 12, 2013 — Page 9 Vice -Mayor Stanley moved and Commissioner Ganger seconded to approve the Regular Meeting and Public Hearing of September 13, 2013 be moved to 3:30 P.M. due to the First Public Hearing - Tentative Budget Adoption. All voted AYE. 6. Date of Second Public Hearing— Final Budget Adoption Commissioner Ganger moved and Vice -Mayor Stanley seconded to approve the date of the Second �) Public Hearing — Final Budget Adoption to Tuesday, September 24, 2013 at 5:01 P.M. All voted AYE. Town Clerk Taylor discussed the process of advertising for the above -named hearings. Mr. O'Boyle stated he did not understand the proposed budget claiming it did not include the various legal fees of the ongoing litigation and judgments. He also questioned the reserves available. Town Manager Thrasher stated he will require final approval for the water fund budget stating that the proposed increase will be 4 %. He suggested purchasing a panel truck with a hoist for the employee to manager better. Town Manager Thrasher inquired if the water rates should be increased which are based outside of the millage rate. He stated that this will be discussed at the nest meeting. D. Items by Mayor & Commissioners Mayor Orthwein suggested the ARPB re- evaluate some of the roofing and zoning codes. She stated that the Town needed to be more open- minded and address issues that are not in the code book at present and that require a change. Town Counsel Randolph stated that the Commission should give the ARPB positive direction for reviewing the codes. He continued that no permits should be processed or approved while zoning is in progress. Commissioner Ganger commented on his experience on the ARPB, and suggested ARPB consider code revisions annually. A further discussion continued amongst the Commissioners who all agreed that the ARPB should conduct another code review. CMr. O'Boyle discussed his participation on various Planning Boards in the past with regard to zoning. He continued that codes don't drive the real estate but rather real estate drives the code. Town Counsel Randolph stated that there are different ways of approaching this issue. He suggested referring these issues to the ARPB for their consideration, and to even consider an Impact Review Committee. Mr. O'Boyle also suggested an independent commnittee rather than the ARPB handling these issues. Regular Meeting and Public Hearing Town Commission Meeting July 12, 2013 —Page 10 Mayor Orthwein stated she strongly feels that the Town should update the codes and zoning, as the present ones are very- restrictive. She continued that it would be very good for the Town. Commissioner Ganger discussed the different approaches to take to update the ARPB to keep the Town fresh and to respect the residents' points of views. He stated that this is going to be a very profound change Ofor the Town. Town Counsel Randolph agreed that with the possible changes, residents' previous requests e.g., metal roof, can be reconsidered. He stated that if an ordinance changes, the resident has the right to reapply. He described an Impact Review Committee's responsibilities. Town Counsel Randolph continued that the first step is to advise the ARPB of the Commission's concerns regarding the code. A discussion ensued regarding verbiage for the motions. Commissioner Dering moved and Vice -Mayor Stanley seconded to direct the ARPB to review items that were considered in the past which did not conform to the Code but may be appropriate in today's environment with those items being referred by the Town Manager, Town Attorney, Town Commissioners, Town Consultant or originated by ARPB Members, for a recommendation to the Town Commission. All voted AYE. Vice -Mayor Stanley moved and Commissioner Ganger seconded that Zoning in Progress be declared for a period of 6 months on those matters that are referred to or originated by the ARPB for study. All voted AYE. Commissioner Ganger suggested a joint meeting between Commissioners and ARPB Members to be held at an ARPB Meeting on July 25, 2013 to discuss and take action regarding recent ARPB suggestions. Mr. O'Boyle suggested having just Mayor Orthwein represent the Commission. Mayor Orthwein thanked Mr. O'Boyle and confirmed that she will attend the ARPB Meeting on July 25, 2013. XI. Adjournment: Mayor Orthwein adjourned the meeting at 11:46 A.M. Sandra Fein Recording Secretary MAYOR: Joan K. Orthwein VICE MAYOR: Thomas M. Stanley COMMISSIONER: W Garrett Dering Robert W. Ganger Donna S. White REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE THE TOWN OF GULF STREAM ON FRIDAY, JULY 12, 2013 AT IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA FLORIDA. CTHaNk i�3\ July 5, 2013 TOWN COMMISSION OF 9:00 A.M. ROAD, GULF STREAM, I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes of the Regular Meeting of June 14, 2013. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. August 9, 2013 @ 9:00 A.M. 2. September 13, 2013 @ 9:00 A.M. 3. October 11, 2013 @ 9:00 A.M. 4. November 8, 2013 @ 9:00 A.M. S. December 13, 2013 @ 9:00 VII. Communications from the Public (5 min, maximum) VIII. Reports. A. Utility Undergrounding -Danny Brannon (Engineer) B. Town Manager C. Architectural Review & Planning Board 1. Meeting Dates a. July 25, 2013 @ 8:30 A.M. b. August 2013 -No Meeting C. September 26, 2013 @ 8:30 A.M. d. October 24, 2013 @ 8:30 A.M. e. November to be determined f. December 26, 2013 @ 8:30 A.M. D. Finance Director 1. Financial Report for June 2013 E. Police Chief 1. Activity for June 2013 IX. Correspondence. A. Resolution No. 2013 -11; A Resolution of the Town Council of the Town of Juno Beach, Florida, supporting the enactment of federal legislation to create a comprehensive integrated national catastrophe fund; and providing for an effective date. B. Request for support of the Guardian ad Litem Program of Palm Beach County. X. Items for Commission Action. A. Designation of Voting Delegate & Alternates for Palm Beach County League of Cities B. Resolution No.013 -03; A RESOLUTION OR THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, NAMING AUTHORIZED SIGNATORIES FOR THE TOWN OF GULF STREAM BANK ACCOUNTS; AND PROVIDING FOR AN EFFECTIVE DATE. C. Notice of Special Magistrate Personnel Changes and Fee Schedule Update -Law Office of Glen J. Torcivia & Associates. AGENDA CONTINUED D. Proposed Approval of JAG funds for FY 2014 - Criminal Justice Commission. E. Presentation of Proposed Budget for Fiscal Year 2013 -2014 1. Budget Consideration 2. 2012 -2013 Millage Rate 3. Proposed Millage for Fiscal Year 2013 -2014 4. Certification of Rolled Back Millage Rate 5. Date of First Public Hearing- Tentative Budget Adoption 6. Date of Second Public Hearing -Final Budget Adoption D. Items by Mayor & Commissioners XI. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105