HomeMy Public PortalAbout09/13/2013C!
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, SEPTEMBER 13, 2013 AT 3:30
P.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 3:35 P.M.
II. Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Orthwein.
III. Roll Call:
Present and
Participating
Also Present and
Participating
Joan K. Orthwein
Thomas M. Stanley
W. Garrett Dering
Robert W. Ganger
Donna S. White
William H. Thrasher
Rita L. Taylor
John C. Randolph
Garrett J. Ward
Danny Brannon of
Brannon & Gillespie
Thomas Baird
Mayor
Vice -Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Clerk
Town Counsel
Police Chief
Town Consultant for Undergrounding
Project
Attorney with Jones Foster
IV. Minutes:
A. Regular Meeting & Public Hearing held on August 9, 2013
Commissioner Ganger moved and Vice -Mayor Stanley seconded to approve the Minutes of
the Regular Meeting held on August 9, 2013. All voted AYE.
V. Additions, Withdrawals, Deferrals. Arrangement of Agenda Items
There were none.
VI. Announcements:
A. Mayor Orthwein announced the upcoming Regular Meetings and Public Hearings.
1. September 17, 2013 @ 9:00 A.M. — Public Hearing
2. September 24, 2013 @ 5:01 P.M. —Budget Hearing
3. October 11, 2013 @ 9:00 A.M.
4. November 8, 2013 @ 9:00 A.M.
5. December 13, 2013 @ 9:00 A.M.
Town Clerk Taylor asked for any absenteeism at any of the meetings.
Commissioner Dering reported that he would available by telephone on September 17`h and 24`h, 2013.
VII. COMMUNICATIONS FROM THE PUBLIC (5 MIN. MAXIMUM
Mayor Orthwein asked for any speakers.
Regular Meeting and Public Hearing
Town Commissian Meeting
September 13, 2013 — Page 2
Christopher O'Hare discussed his twelve (12) years of residency in the Town of Gulf Stream, and stated that
Jean Spence introduced him to the Town. He inquired if Mayor Orthwein could meet with him in the future
to discuss code enforcement and changes in the Town to which the Mayor agreed to do.
VIII. PUBLIC HEARING:
1. Proposed Development Agreement — 23 Hidden Harbour Dr.
(�Jl Mr. Baird discussed his experience in the legal field for thirty (30) years. He stated that this Development
Agreement comes out of the settlement agreement between Martin O'Boyle and the Town. Mr. Baird
explained that the purpose is to outline what the lot coverage of his lot could be. He continued that Mr.
O'Boyle could be permitted to develop as the code existed in 1981, as with his present structure. Mr. Baud
further stated that Development Agreements by statute require two (2) Public Hearings, this being the first
one. He reported that he will define some clarifications with Mr. Ring, bit. O'Boyle's Attorney prior to the
next Public Hearing on Tuesday, September 17, 2013. Mr. Baird asked for any questions and stated he would
be available over the weekend also to address any issues.
Town Counsel Randolph reminded everyone that this is a Public Hearing, and that any member of the
public can comment.
Commissioner Ganger stated that the Commission empowered both Mr. Baud and Town Counsel
Randolph to negotiate this issue until closure.
Mayor Orthwein also asked for public comments.
Town Counsel Randolph reported that the second Public Hearing will be held on September 17, 2013 at
9:00 A.M. He also stated that both hearings have been advertised and no motion was required.
IX. Reports:
A. Utility Undergrounding — Danny Brannon (Engineer)
Mr. Brannon provided an update on the undergrounding project. He discussed the surveyors' staking work at
the various locations. Mr. Brannon reported on the bid packages for the landscapers. He continued that he
had used Landscapes of Distinction in several other similar projects, but they were higher priced, and the
other company, West Construction was less experienced but their prices were cost effective. Mr. Brannon
suggested offering both companies contracts to figure out their cost effectiveness. He asked for an
agreement for authority from the Commission to enter into a continuing service contract with both landscape
companies.
Commissioner Ganger inquired if these costs were budgeted.
Mr. Brannon responded that it was budgeted but he did not have that figure available. He explained the two
(2) phases of the landscape work. hit. Brannon reported that the initial phase is the clearing of the paths for
the equipment to be installed, and not to destroy any landscaping. He continued if it is destroyed, they are
Regular Meeting and Public Hearing
Toan Commission Meeting
September 13, 2013 — Page 3
contracted to restore to equal or to a better condition than the past. Mr. Brannon further stated that the
second phase is they go back after the project has been completed and do mediation landscaping.
Commissioner Ganger inquired when is this going to start.
^ Mr. Brannon responded that the surveyors do their staking locations first, and described the landscapers
Ustaking work process.
Vice -Mayor Stanley inquired regarding the residents' issues with large boxes in front of their residents.
Mr. Brannon admitted that he has received many calls already regarding that issue, and has agreed to work
closely with the residents' inquiries. He also stated that the landscapers are very careful and considerate.
Commissioner Ganger inquired regarding the interference with Comcast cable wites, and possibly flagging
the line and was advised that contractors may call Sunshine 811 for flagging.
Mr. Brannon again responded that the landscapers are very careful, and if necessary they contact Comcast
and /or Sunshine 811.
Commissioner Ganger moved and Vice -Mayor Stanley seconded to approve the Town of Gulf Stream
to enter into a continuing service contract with Landscapes of Distinction and West Construction for
landscape work on the undergrounding project. All voted AYE.
Mr. Brannon discussed the street lighting in detail stating that Phase 1 would cost $229,000 which is very
close to the bidders' prices. He reported that the lighting on AlA is rather expensive at $9,000 each, and the
interior ones are $7,000. He inquired if another choice would be feasible.
Mayor Orthwein agreed and inquired if there were other companies that could be contacted for other bids.
Mr. Brannon explained that the big cost issue is the labor for installation not the lights and poles. He
described in detail the installation of the poles and lights.
Commissioner Ganger inquired regarding receiving the same service if the present poles were left up.
'
Mr. Brannon stated that FPL would not leave the existing distribution poles along AIA in place. He
continued they would new smaller poles in the same locations with the same cobra lights thereon. This
would be no cost to the Town. If the lights were changed to viper (LED), it would cost the Town an
additional $300,000. However, there will be an increase in the monthly bill form Florida Power & Light.
Commissioner Dering pointed out that there will be a period of "no lights" between the time the existing
poles are removed and the new ones installed. He continued that it could take 12 months to have all the
street lights on.
Regular Meeting and Public Hearing
Town Commission Meeting
September 13, 2013 — Page 4
Commissioner Ganger stated that there should be no compromise in safety and some comprise in esthetics
for the residents and that should be communicated to the taxpayers.
Mayor Orthwein stated that the viper lights were not pretty. She continued that she does not believe the
Commission wants to pay the $300,000 for the viper lights.
OCommissioner Ganger commented that the new lights on AlA as planned should be addressed in the
budget.
Town Manager Thrasher stated that the AlA lighting was not anticipated in the budget.
Vice -Mayor Stanley inquired if there was a difference in costs if the Town purchased the lights directly
instead of through Hypower.
Mr. Brannon stated that the Town is paying 20% contractor's price plus tax and the Town could pay 26% to
30% less if the Town purchased the lights themselves.
Town Manager Thrasher inquired if there was a public bid process, could the Town take this on
themselves.
Mr. Brannon stated there would be potential finger pointing if done during the project. He gave examples of
times it did not work when purchased by the Town.
Commissioner Ganger moved and Commissioner Dering seconded to approve a change order from
viper to cobra lights from FPL with the contractor. All voted AYE.
Commissioner Ganger inquired regarding the digging that should be started at the end of the month.
Mr. Brannon reported that the landscaper will start digging. He continued there is an issue with the street
monument fights with DOT. Mr. Brannon stated that DOT maybe a problem in getting started.
Commissioner Ganger discussed the Civic Association lights that were stolen soon after they were put in.
He also stated the lights he put in, at his own expense, were taken down.
B. Town Manager
No report.
C. Architectural Review & Planning Board
1. Meeting Dates
a. September 26, 2013 @ 8:30 A.M.
b. October 24, 2013 @ 8:30 A.M.
c. November to be determined
d. December to be determined
Regular Meeting and Public Hearing
Town Commission Meeting
September 13, 2013 — Page 5
Town Clerk Taylor stated that updated Holiday Meeting Dates will be forthcoming at this coming meeting.
D. Finance Director
1. Financial Report for August 2013
Town Manager Thrasher stated that he has provided a Financial Report to all Commissioners. He also
commented that there was no motion required for that Report.
2. Clarification of Financial Reporting Format
OMayor Orthwein called attention to the several different financial reports that have been considered the last
several months. She asked for direction from the Commission as to which one they prefer to receive.
Commissioner Ganger stated that it is most important to provide a Financial Report that will reflect
variances.
Commissioner Dering discussed the obligations of the Town with regard to financial reporting, and
addressed the importance of the monthly, year -to -date and variance figures required for the budget. He
stated that he has been communicating with Kelly, in Accounting, with his suggestions. He also reported that
the new computer software format will generate all the required information with only four (4) pages; first
page Balance Sheet, second page General Fund major expense items, third page water account and the fourth
page other utilities. Commissioner Dering reported that the software will generate each figure much easier.
The Commission favored the report described by Commissioner Dering.
E. Police Chief
1. Activity for August 2013
Police Chief Ward submitted the Activity Report for August 2013, and it was accepted as presented.
Commissioner Dering inquired regarding the high number of ordinance violations (38).
Police Chief Ward responded that they were unregistered vendors and /or vendors working after hours or
on Sundays.
Commissioner Ganger reported that he was "hacked" by Russians and detailed his Police Department
process.
X. Correspondence:
C A. Letter of Suggestions — Sheila Scott
Mayor Orthwein discussed Ms. Scott's letter.
A detailed discussion ensued regarding policies of the trash /rubbish being put out on the street at certain
times.
Mayor Orthwein addressed the subject of children driving golf carts in the Town.
Police Chief Ward reported that the State Law is 14 years old.
Regular Meeting and Public Hearing
Town Commission Meeting
September 13, 2013 — Page 6
Town Manager Thrasher stated that he understood that the Civic Association is experimenting with
solutions to eliminate the white fly issue. He also stated that he would address the problem, according to the
Town's Ordinance, if so instructed by the Commission.
Commissioner Ganger discussed the mitigation of the problems of white fly disease, commenting how
unsightly it is, and how quickly it spreads.
Town Counsel Randolph stated that the Town of Palm Beach enforces their ordinance of dead vegetation
and issues citations accordingly. He added that the Town of Palm Beach does not mandate spraying.
Town Manager Thrasher agreed to send a compliance courtesy notice to any resident having dead
vegetation.
Commissioner Ganger suggested putting an item on the website regarding removal of a dead ficus. He also
addressed the height of hedges.
Mayor Orthwein stated she will respond to Ms. Scott's letter.
Town Clerk Taylor stated she has worked for a Town that restrictions on all hedge heights, and that was a
real "mess ".
XI. ITEMS FOR COMMISSION ACTION:
A. Consideration of Appointments —Ad Hoc Committee to Review Land Development Regulations
Mayor Orthwein reported that she has two (2) suggestions for appointments for this Committee to update
the codes to be more modem and user friendly. She continued that she contacted Benjamin Schreier, an
Architect, and gave a description of his work. Mayor Orthwein also suggested Bill Boardman from the Civic
Association. She added that they are both willing to serve.
Commissioner Ganger recommended Shelly Himmelrich who has a very interesting point of view, is
respectful, has fresh ideas when she attends and participates in Commission meetings. He also added that she
is "big" into landscaping. Commissioner Ganger stated that he would like to see more public at the meetings
to hear this plan. He suggested that perhaps Mrs. Himmelrich should be contacted regarding this matter..
CTown Counsel Randolph inquired if all Commissioners were in agreement with the two (2) suggestions
made by Mayor Orthwein.
They all replied "Yes ".
Mayor Orthwein also stated that Mr. Boardman would make a good Committee Chairperson, and the other
Commissioners agreed.
Regular Meeting and Public Hearing
Town Commission Meeting
September 13,200 — Page 7
Town Counsel Randolph stated now that two (2) new Committee Members have accepted their positions,
he would like the Commission to concentrate on obtaining another three (3) persons for this committee prior
to the next Commission Meeting.
Commissioner Ganger also suggested past ARRP Board Members for this new committee.
Commissioner Dering suggested that the Chairman help choose the members.
B. Consideration of scheduling an Attomey /Client session regarding Joel Chandler vs. Town of
Gulf Stream. Case No. 2013 CA 007789 XD= MB AN, Fifteenth Judicial Circuit Court in and for
Palm Beach County, Florida. Discussion of the matter to begin immediately following the 5:01
Budget Hearing on Friday, September 13, 2013, in the Town Commission Chambers, 100 Sea Road,
Gulf Stream, Florida. Attorney /Client Session Attendees: Mayor Joan Orthwein; Commissioners
Thomas Stanley, W. Garrett Dering, Robert Ganger and Donna S. White; Town Manager William H.
Thrasher, Town Attorney John C. Randolph and Court Reporter from Ley & Marsaa Court Reports,
Inc.
This was requested by Town Counsel Randolph.
Commissioner Ganger moved and Vice -Mayor Stanley seconded the approval of scheduling an
Attomey /Client session regarding Case No. 2013 CA 007789 X -2= MB AN, Fifteenth Judicial Circuit
Court in and for Palm Beach County, Florida to begin immediately following the 5:01 Budget Hearing on this
date Friday, September 13, 2013, in the Town Commission Chambers. All vote AYE.
C. Items by Mayor & Commissioners
There were no comments.
XII. ADJOURNMENT:
Mayor Orthwein adjourned the meeting at 5:00 P.M.
� r i
Sandra Fein
Recording Secretary
MINUTES OF THE PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM ON FRIDAY, SEPTEMBER 13, 2013 AT 5:01 P.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 5:01 P.M.
II. Roll Call:
Present and
Joan K Orthwein
Mayor
Participating
Thomas M. 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 C. Randolph
Town Counsel
Garrett J. Ward
Police Chief
Christopher O'Hare
Resident
III. Presentation of the Proposed Budget and Proposed Millage Rate for Fiscal Year 2013 — 2014•
A. Explanation and discussion of Proposed Millage Rate as compared to the rolled back rate.
Commissioner Ganger recommended that the millage rate not be reduced at this time, as it is consistent
with the reserves. He discussed his concern over the issue of Delray Beach possibly moving their Emergency
Management Services (EMS) to Palm Beach County, and the effect on the Town of Gulf Stream.
Commissioner Ganger further stated that funds should be set aside when that change becomes effective.
Town Manager Thrasher reported that the Town's share last year was $14,000 for their service.
Commissioner Ganger questioned the permit numbers being lower by $60,000 this past year.
Mayor Orthwein stated that this past year was a very big year.
Commissioner Dering reported the prior year was a lot lower.
Town Manager Thrasher stated he wanted to be conservative with that figure.
Commissioner Ganger inquired if the Solid Waste Contract had been confirmed which it had been. He
inquired regarding the consideration of the budgeting of monies for digitizing the Town's records.
Town Manager Thrasher responded that were several things going on with the Town's computer system
least of which is the file system. He continued that the new server will have the capacity to provide for such
software, but that it will not happen in this upcoming fiscal year.
Commissioner Ganger inquired if there were any further "things" on Town Manager Thrasher's "wish" list.
Public Hearing
Town Commission Meeting
September 13, 2013 — Page 2
Town Manager Thrasher responded "Yes ". He stated that the Emergency Management Services possibly
combining with Palm Beach County would double the present tax rate. He continued that steps should be
taken with regard to a Town Hall expansion. Town Manager Thrasher reported that even with the new
computer software storage and digitizing, the office staff requires more space. He also stated with Town
Clerk Taylor and himself retiring in the future, there will be a need for three (3) or (4) more staff.
Commissioner Ganger noted there had been $20,000 provided for design work with regard to an expansion
of the Town Hall.
Mayor Orthwein agreed that there were discussions involving renovation plans in the past.
Town Manager Thrasher confirmed that there was some initial conversation regarding renovation of the
Town Hall but more urgent needs had arisen.
Vice -Mayor Stanley asked if off -site storage had been investigated.
Town Manager Thrasher replied "Not at this time ".
Commissioner Ganger inquired if there were any items on the "wish list" that Town Manager Thrasher
would give up.
Town Manager Thrasher stated he is most concerned regarding Fire Department issues and the workable
office space.
Commissioner Ganger discussed the contracts from 2011, 2012 and 2013 that have or will expire shortly.
He continued that Delray Beach has a 10 -year contract.
Town Manager Thrasher stated the Delray Beach contract can be cancelled by either parry within sixty (60)
days' notice. He also stated that they are raised approximately 5% each year.
Commissioner Ganger suggested that before the budget is finalized, the contracts and agreements should be
updated so that Town Hall is not remised to the community on any details.
Town Clerk Taylor explained the expiration dates on the insurance forms and stated they have all been
taken care of.
Commissioner White addressed the street signs in Place au Soleil which require repair, and inquired if that
issue is covered under reserved monies or should that be budgeted elsewhere.
Mayor Orthwein responded that it can be either budgeted or it could come out of reserves.
Public Hearing
Town Commission Meeting
September 13, 2013 — Page 3
Commissioner Dering stated that $537,000 has been budgeted for street lights for over two (2) years, and
those lights could come from that figure.
Vice -Mayor Stanley stated that Place de Soleil should receive full lighting replacement.
C Town Manager Thrasher recommended that the Place an Soleil's street signs should not be repaired, and to
not purchase the same type the next time.
Commissioner Ganger suggested it should be a HOA project.
Commissioner White stated that the HOA were thinking about doing it, but with the rise in the millage rate,
it was not approved.
Commissioner Dering stated it should be figured out if the monies are available, and how it can be
accomplished by the Town.
Vice -Mayor Stanley inquired regarding the procedure of a line item change, and a new category being added
to the budget.
Town Manager Thrasher stated that the Town is locked into a maximum millage rate, and if there was
research to be done on costs, that could take up to thirty (30) days. He repeated that he did not want to be
attached to the same type of street signs that are in Place au Soleil at present.
Commissioner Dering stated he would like the same signs that the Town has.
Vice -Mayor Stanley gave an example of "putting blank dollars for blank line item" before approving the
budget ".
Town Manager Thrasher stated that another category needed to be added to the final budget document.
Mayor Orthwein stated that it should be easy to estimate the cost of new street signs.
Commissioner Ganger commented that it should be simple enough to count thirty-seven (37) signs prior to
C. the next meeting.
Town Manager Thrasher stated that it may not be 100% correct, but that he will present a reasonable
number by the next Budget Meeting. He discussed the challenges he had when determining the cost of street
signs in Town.
Commissioner Ganger inquired when the 2 ' /z% wage increase across the board becomes effective.
Public Hearing
Town Commission Fleeting
September 13, 2013 — Page 4
Town Manager Thrasher responded October 1, 2013.
Commissioner Dering inquired regarding the high costs of permits.
Town Manager Thrasher responded that it may be high and suggested discussing it with Commissioner
Dering after this meeting.
Commissioner Dering inquired regarding the undergrounding assessment cost of $ 10,000.
Town Manager Thrasher advised the 510,000 is actually a line item marked "other ". "Intl. UGG
Assessment" indicates the assessments for the undergrounding project, on Town owned property, would be
taken from this line item as well as other miscellaneous expenses.
Commissioner Dering inquired regarding the Police fuel figures.
Chief Ward stated it is anticipated fuel prices will be going down.
Commissioner Ganger was not comfortable with the uncertainty of gas prices.
Town Manager Thrasher reported that he is making notes of these suggestions.
Commissioner Dering commented on the Fire Budget of $428,197.
Commissioner Ganger explained the payment to Delray Beach after the first of the year was to make up the
difference that the Town owed to Delray Beach due to the annexation.
Town Manager Thrasher stated that figure should be lower next year.
Commissioner Dering addressed the streets' figure.
Town Manager Thrasher explained that the figures were correct due to labor calculations for next year. He
continued that the Town was in a trial period this year with trying to take over the utilities, rather than
contract them out, at the time the budget was prepared. Town Manager Thrasher continued that the
calculations are listed on the labor sheet.
Commissioner Dering inquired regarding interest expense.
Town Manager Thrasher stated that he is trying to avoid any interest costs by immediately paying back that
utility under the capital expenditure amount for the undergrounding repayment. He further stated that if he
has to buy signs for Place au Sole$ that process will change. Town Manager Thrasher reported that the
document provided by the bank does not show principal /interest as normally they should, and the Town is in
discussion with them to provide that information for our records.
Public Hearing
Town Commission Meeting
September 13, 2013 — Page 5
Commissioner Dering stated that is in the footnote of the Financial Statements.
B. Comments from the Commission and the Public:
Christopher O'Hare, 2520 Avenue An Soleil, Town of Gulf Stream discussed the possibility of someone
sponsoring some of the expenses of the Town. He also inquired whether the Town of Gulf Stream had lost
any monies in some "shady" accounts.
Town Manager Thrasher reported that the Town came out of the SBA prior to the freezing of the
accounts, except for the interest which is $2,000. He continued that the bulk of the Town's investment funds
are in traditional public depository funds.
Mr. O'Hare addressed the zoned recreational facilities in the Town, e.g. the golf course's low tax break. He
also questioned the property across from Walmart, on USl, ever becoming a golf course.
Commissioner Ganger inquired if Mr. O'Hare knew of any candidates for a public grant to the Town for
the purpose of a foundation or anything else they might operate.
Mr. O'Hare commented that he will ask "around Town ". He also suggested utilizing the Town's website to
search for a sponsorship.
Town Clerk Taylor reported receiving requests from Margo Stahl and her Attorney Marcie Oppenheimer
Nolan, Esq. to appear before a hearing at a later date regarding Non Ad Valorem Tax Assessment Appeal.
Town Counsel Randolph stated there may not be a hearing, but it should be identified that the letters be
made part of the record, one dated September 12, 2013 signed by Margo Stahl, 3851 North Ocean Blvd.,
#412, Gulf Stream, Florida, and the other dated September 12, 2013, signed by Attorney Nolan. Town
Counsel Randolph commented further that Ms. Stahl asked that her letter serve as a formal appeal of the
2013 tax assessment for the Parcel ID# 20- 43- 46- 03 -12- 000 -4120 owned by Margo Stahl, 3851 N. Ocean
Blvd., Apt. 412. He continued that Ms. Stahl placed an objection to her Gulf Stream Underground Utility
Non Ad Valorem Tax Assessment.
Town Manager Thrasher stated that the two (2) letters have been forwarded to the undergrounding
OCounsel.
Town Clerk Taylor commented that Town Manager Thrasher should make his budget presentation at this
time.
Town Manager Thrasher reported that the budget is a balanced budget. He continued that the millage rate
is 3.7000 which is a 19.4% increase in the millage rate of last year which was 3.1000. Town Manager Thrasher
further reported that the 2013 Total Taxable Value is $731M, New Construction $67M. The proposed
millage rate of 3.7 mills is 24.42% higher than the rolled -back rate which is 2.9739 mills. He continued that
the Utility Fund is $989,000 with a 4% Water Rate Increase, excluding the reserve portion, is proposed.
Public Hearing
Tours Commission Meeting
September 13, 2013 — Page 6
Mayor Orthwein asked for any further comments from the Commission and the Public and there were
none.
IV. Adoption of the General Fund Tentative Millage Rate for Fiscal Year 2013 -2014:
Commissioner Ganger moved and Vice -Mayor Stanley seconded to adopt as announced the General
Fund Tentative Millage Rate of 3.7000 mills for Fiscal Year 2013 -2014. All voted AYE.
V. Adoption of the Tentative Budget for Fiscal Year 2013 -2014:
A. General Fund
Vice -Mayor Stanley moved and Commissioner Ganger seconded to adopt as announced the General
Fund Tentative Budget in the amount of $3,537,398 for Fiscal Year 2013 -2014. All voted AYE.
B. Enterprise Fund (water)
Commissioner Ganger moved and Vice -Mayor Stanley seconded to adopt as announced the
Enterprise Fund Budget in the amount of $989,000 for Fiscal Year 2013 -2014. All voted AYE.
VI. Public Hearing Date for Final Adoption of Millage Rate & Budget:
Commissioner Ganger moved and Vice -Mayor Stanley seconded to approve the Public Hearing Date
of Tuesday, September 24, 2013, at 5:01 P.M. for the final adoption of the millage rate and budget. All voted
AYE.
VIII. Resolutions:
Town Clerk Taylor read the Resolutions in their entirety.
A. No. 013 -5; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE
TENTATIVE LEVYING OF AD VALOREM TAXES FOR THE TOWN OF GULF
STREAM GENERAL FUND FOR FISCAL YEAR COMMENCING ON
OCTOBER 1, 2013 AND ENDING ON SEPTEMBER 30,2014; PROVIDING FOR
AN EFFECTIVE DATE.
Vice -Mayor Stanley moved and Commissioner Ganger seconded to approve Resolution No. 013 -5. All
voted AYE.
B. No. 013 -6; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
COF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE
GENERAL FUND TENTATIVE BUDGET FOR THE TOWN OF GULF STREAM
FOR THE FISCAL YEAR COMMENCING ON OCTOBER 1, 2013 AND ENDING
ON SEPTEMBER 30,2014; PROVIDING FOR AN EFFECTIVE DATE.
Vice -Mayor Stanley moved and Commissioner Ganger seconded to approve Resolution No. 013 -6. All
voted AYE.
C. No. 013 -7; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE
WATER FUND TENTATIVE BUDGET FOR THE TOWN OF GULF STREAM
FOR THE FISCAL YEAR COMMENCING ON OCTOBER 1, 2013 AND ENDING
ON SEPTEMBER 30,2014; PROVIDING FOR AN EFFECTIVE DATE.
Public Hearing
Tonn Commission Mccting
September 13, 2013 — Page 7
Vice -Mayor Stanley moved and Commissioner Ganger seconded to approve Resolution No. 013 -7. All
voted YE.
VIII. Adjournment:
Mayor Orthtvein adjourned the meeting at 6:01 P.M.
0 �/W11, �.
Recording Secretan
TOWN OF GULF STREAM
SPECIAL TOWN COMMISSION MEETING CALLED BY THE MAYOR PURSUANT
TO SECTION 286.011(08), FLORIDA STATUTES
TOWN OF GULF STREAM
TOWN HALL
100 SEA ROAD
AGENDA
FRIDAY, SEPTEMBER 13, 2013
Meeting to commence immediately following the
September 13, 2013, 5:01 p.m. Budget Hearing
CALL TO ORDER AND ROLL CALL
II. APPROVAL OF AGENDA
III. MAYOR ORTHWEIN ANNOUNCES:
A. PURSUANT TO SECTION 286.011(8), FLORIDA STATUTES, THE
TOWN COMMISSION IS ADJOURNING AND COMMENCING A
CLOSED DOOR ATTORNEY CLIENT SESSION FOR THE PURPOSE
OF DISCUSSING SETTLEMENT NEGOTIATIONS AND /OR STRATEGY
RELATING TO LITIGATION AND EXPENSES IN THE CASE OF JOEL
CHANDLER VS TOWN OF GULF STREAM, CASE NO. 2013 CA 007789
XXXX MB AN, FIFTEENTH JUDICIAL CIRCUIT COURT IN AND FOR
PALM BEACH COUNTY, FLORIDA
B. THE ESTIMATED LENGTH OF THE SESSION IS APPROXIMATELY
ONE —HALF HOUR.
C. THOSE PERSONS ATTEND
ORTHWEIN; TOWN Cr
GARRETT DERING,
TOWN MANAGER V'
C. RANDOLPH; 0
COURT REPOR-
D. ATTENDEE'
MINUTES OF THE SPECIAL TOWN OF GULF STREAM COMMISSION MEETING CALLED
BY THE MAYOR PURSUANT TO SECTION 286.011(08), FLORIDA STATUTES TOWN OF
GULF STREAM TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA ON FRIDAY,
SEPTEMBER 13, 2013.
Meeting to commence immediately following the
September 13, 2013 Budget Hearing being held at 5:01 P.M.
I. Call to Order and Roll Call:
CPresent and Participating
Mayor Orthwein called the Meeting to order at 6:05 p.m.
Joan K. Orthwein
Mayor
Thomas M. Stanley
Vice -Mayor
Robert W. Ganger
Commissioner
W. Garrett Dering
Commissioner
Donna S. White
Commissioner
William H. Thrasher
Town Manager
John C. Randolph
Town Counsel
Rita L. Taylor
Town Clerk
II. Approval of Agenda:
Commissioner Ganger moved and Vice -Mayor Stanley seconded to approve the Agenda. All voted
AYE.
III. Mayor Orthwein Announces:
A. Pursuant to Section 286.011(8), Florida Statutes, The Town Commission is adjourning and
commencing a closed door Attorney Client session for the purpose of discussing settlement
negotiations and /or strategy relating to litigation and expenses in the case of Joel Chandler vs.
Town of Gulf Stream, Case No. 2013 CA 007789 Z�'lZ NIB AN, Fifteenth Judicial Circuit Court in
and for Palm Beach County, Florida.
B. The estimated length of the session is approximately one -half hour.
C. Those persons attending the session are: Mayor Joan Orthwein, Town Commissioners: Donna S.
White, W. Garrett Dering, Robert Ganger and Thomas Stanley; William H. Thrasher, Town Attorney
John C. Randolph, and Court Reporter from Ley & Marsaa Court Reporters, Inc.
D. Attendees assemble in Chambers.
IV. Reconvene Commission Meeting_
Mayor Orthwein reconvened the Commission Public Meeting at 6:38 P.M. after the completion of the
Special Meeting.
V. &y Other Matters:
Mayor Orthwein asked for any other matters. There were none.
VI. Adjournment:
Mayor Orthwein adjourned the meeting at 6:39 P.M.
Special Tours Commission Meeting
Tours of Gulf Stream
September 13, 2013 — Page 2
`l
Sandra Fein
Recording Secretary
MAYOR:
VICE MAYOR:
COMMISSIONER:
Joan K. Orthwein
Thomas M. Stanley
W. Garrett Dering
Robert W. Ganger
Donna S. White
September 13, 2013
SPECIAL MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, ON TUESDAY, SEPTEMBER 17, 2013 AT 9:00 A.M., IN
THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
AGENDA
I. Call to Order.
Ii. Pledge of Allegiance.
III. Roll Call.
IV. PUBLIC HEARING.
1. Proposed Development Agreement -23 Hidden Harbour Dr.
2. Resolution No. 013 -04; A RESOLUTION OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, FLORIDA, APPROVING AND INCORPORATING
THEREIN A DEVELOPMENT AGREEMENT BETWEEN THE TOWN AND MARTIN E.
O'BOYLE WHICH AMONG OTHER THINGS GOVENS THE DEVELOPMENT
INTENSITY, LOT COVERAGE, AND HEIGHT OF ANY SINGLE FAMILY
RESIDENTIAL STRUCTURE TO BE CONSTRUCTED AT 23 HIDDEN HARBOUR
DRIVE WITHIN THE TOWN OF GULF STREAM, FLORIDA; AND PROVIDING
FOR AN EFFECTIVE DATE.
V. 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
September 6, 2013
MAYOR: Joan K. Orthwein
VICE MAYOR: Thomas M. Stanley
COMMISSIONER: W. Garrett Dering
Robert W. Ganger
Donna S. White
PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM ON FRIDAY, SEPTEMBER 13, 2013 AT 5:01 P.M., IN THE COMMISSION
CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
AGENDA
I. Call to Order.
II. Roll Call.
III. Presentation of the Proposed Budqet and Proposed Millaqe Rate for
Fiscal Year 2013 -2014.
A. Explanation and discussion of Proposed Millage Rate as
compared to the rolled back rate.
B. Comment from the Commission and the public.
IV. Adoption of the General Fund Tentative Milla a Rate for Fiscal
Year 2013 -2014.
V. Adoption of the Tentative Budget for Fiscal Year 2013 -2014.
A. General Fund
B. Enterprise Fund (water)
VI. Public Hearing Date for Final Adoption of Milla a Rate & Budget.
VII. Resolutions.
A. No. 013 -5; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE
TENTATIVE LEVYING OF AD VALOREM TAXES FOR THE TOWN OF GULF
STREAM GENERAL FUND FOR FISCAL YEAR COMMENCING ON OCTOBER 1,
2013 AND ENDING ON SEPTEMBER 30, 2014; PROVIDING FOR AN
U EFFECTIVE DATE.
B. No. 013 -6; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE GENERAL
FUND TENTATIVE BUDGET FOR THE TOWN OF GULF STREAM FOR THE
FISCAL YEAR COMMENCING ON OCTOBER 1, 2013 AND ENDING ON
SEPTEMBER 30, 2014; PROVIDING FOR AN EFFECTIVE DATE.
C. No. 013 -7; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE WATER
FUND TENTATIVE BUDGET FOR THE TOWN OF GULF STREAM FOR THE
FISCAL YEAR COMMENCING ON OCTOBER 1, 2013 AND ENDING ON
SEPTEMBER 30, 2014; PROVIDING FOR AN EFFECTIVE DATE.
VIII. 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 PROEEDINGS, 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
September 6, 2013
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 TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, SEPTEMBER 13, 2013 AT 3:30 P.M.
IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
AGENDA
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes of the Regular Meeting of August 9, 2013.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. September 17, 2013 @ 9:00 A.M. - Public Hearing
2. September 24, 2013 @ 5:01 P.M.- Budget Hearing
3. October 11, 2013 @ 9:00 A.M.
4. November 8, 2013 @ 9:00 A.M.
5. December 13, 2013 @ 9:00 A.M.
VII. Communication from the Public (5 min. maximum)
VIII. PUBLIC HEARING.
1. Proposed Development Agreement -23 Hidden Harbour Dr.
2. Resolution No. 013 -04; A RESOLUTION OF THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, APPROVING AND
INCORPORATING THEREIN A DEVELOPMENT AGREEMENT BETWEEN THE TOWN
AND MARTIN E. O'BOYLE WHICH AMONG OTHER THINGS GOVERNS THE
DEVELOPMENT INTENSITY, LOT COVERAGE, AND HEIGHT OF ANY SINGLE
�) FAMILY RESIDENTIAL STRUCTURE TO BE CONSTRUCTED AT 23 HIDDEN
`= HARBOUR DRIVE WITHIN THE TOWN OF GULF STREAM, FLORIDA; AND
PROVIDING FOR AN EFFECTIVE DATE.
IX. Reports.
A. Utility Undergrounding -Danny Brannon (Engineer)
B. Town Manager
C. Architectural Review & Planning Board
1. Meeting Dates
a. September 26, 2013 @ 8:30 A.M.
b. October 24, 2013 @ 8:30 A.M.
c. November to be determined
d. December 26, 2013 @ 8:30 A.M.
D. Finance Director
1. Financial Report for August 2013
2. Clarification of Financial Reporting Format
E. Police Chief
1. Activity for August 2013
X. Correspondence.
A. Letter of Suggestions - Sheila Scott
AGENDA CONTINUED
XI. Items for Commission Action.
A. Consideration of Appointments -Ad Hoc Committee to
Review Land Development Regulations
B. Consideration of scheduling an Attorney /Client session
regarding Joel Chandler vs Town of Gulf Stream, Case No. 2013
CA 007789 XXXX MB AN, Fifteenth Judicial Circuit Court in and
for Palm Beach County, Florida. Discussion of the matter to
begin immediately following the 5:01 Budget Hearing on
Friday, September 13, 2013, in the Town Commission Chambers,
100 Sea Road, Gulf Stream, Florida. Attorney /Client Session
Attendees: Mayor Joan Orthwein; Commissioners Thomas
Stanley, W. Garrett Dering, Robert Ganger and Donna S. White;
Town Manager William H. Thrasher; Town Attorney John C.
Randolph and Court Reporter from Ley & Marsaa Court
Reporters, Inc.
C. Items by Mayor & Commissioners
XII. 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
NOTICE OF PUBLIC HEARING
TOWN COMMISSION OF THE TOWN OF GULF STREAM
REGARDING A PROPOSED DEVELOPMENT AGREEMENT
The Town of Gulf Stream Commission proposes to adopt a Development
Agreement and Resolution:
RESOLUTION NO. 013 -04
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, FLORIDA, APPROVING AND INCORPORATING THEREIN A DEVELOPMENT
AGREEMENT BETWEEN THE TOWN AND MARTIN E. O'BOYLE WHICH AMONG OTHER
THINGS GOVERNS THE DEVELOPMENT INTENSITY, LOT COVERAGE, AND HEIGHT
OF ANY SINGLE FAMILY RESIDENTIAL STRUCTURE TO BE CONSTRUCTED AT 23
HIDDEN HARBOUR DRIVE WITHIN THE TOWN OF GULF STREAM, FLORIDA; AND
PROVIDING FOR AN EFFECTIVE DATE.
Please take notice Public Hearings will be held on September 13, 2013
at 3:30 P.M. and September 17, 2013 at 9:00 A.M. or as soon as may be
heard, in the Commission Chambers of the Gulf Stream Town Hall, 100 Sea
Road, Gulf Stream, Florida, to consider this Resolution and a
Development Agreement incorporated therein.
The property subject to the proposed Development Agreement is located at
23 Hidden Harbour Drive, Gulf Stream, Florida 33483, and legally
described as Lot 5, Hidden Harbour Estates (the Property). The
Property is owned by Martin E. O'Boyle.
Amongst other things, the Development Agreement provides: (1) The use
of the Property shall be limited to a one or two -story single family
residence; (2) The building height of any single family residence
constructed on the Property shall not exceed two stories; (3) The
architectural feature shown on the entry feature of the current
residential structure is not an eave and is not subject to the eave
height requirements of §70- 100(c) of the Town Code and (4) The front
yard setback of the current residential structure shall be measured from
the atrium (the wall and trellis system just north and east of the front
entry of the home).
The full text of the Resolution and Development Agreement may be
inspected by the public at the Gulf Stream Town Hall in the office of
the Town Clerk, Monday through Friday, 9:00 A.M. to 4:00 P.M. All
interested parties are encouraged to come to the Public Hearing and be
heard. At this Public Hearing the Town Commission will consider all
comments and arguments in support or in opposition to the Resolution and
Development Agreement.
Any aggrieved or adversely affected person as defined in section
163.3215(2) may file an action for injunctive relief in the circuit
court in Palm Beach County to enforce the terms of the Development
Agreement or to challenge compliance of same pursuant to the provisions
of sections 163.3220- 163.3243, Fla. Stat.
Consideration of the Development Agreement on the dates specified above
may be continued, postponed or withdrawn without prior notice.
If you have any questions, please do not hesitate to call Town Manager,
William H. Thrasher or Town Clerk, Rita L. Taylor.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC HEARING,
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. 286.0105, F.S.S.
Publish: Palm Beach Post TOWN OF STREAM, FLORIDA
Date: September 3, 2013
September 9, 2013
Rita L. Taylor, t6wn Clerk
The Palm Beach Post
REAL KM STARTS HERE
Palm Beach Daily News
TOWN OF GULFSTREAM
� A:
PROOF OF PUBLICATION
Who is persolnall; known to me.
RESOLUTION NO. 013 -4
AdID:251690
Ad Cost: 832.48
HEATHER S. HART,, Notary r4W
In and for the Stapp of 01
Gh Commisciun U w PoG 71, ]
STATE OF FLORIDA
COUNTY OF PALM BEACH
54MM 1. All
,r6 n n. �fa�s OMnN
Before the undersigned authority personally
r=
appeared Tiffani Everett, who on oath says that she
m.=
is Call Center Legal Advertising Representative of
°
The Palm Beach Post, a daily and Sunday
°^
newspaper, P ublished at West Palm Beach in Palm
P P er,
.4 �a
rn;
_
Beach County, Florida; that the attached copy of
advertising for a Notice
was published in said newspaper on
09/03/2013 and ended 09/09/2013
Affiant further says that the said The Post is a
newspaper published at West Palm Beach, in said
Palm Beach County, Florida, and that the said
.. �..�7...�..,�
newspaper has heretofore been continuously
�°�„WF -E
published in said Palm Beach County, Florida, daily
and Sunday and has been entered as second class
mail matter at the post office in West Palm Beach,
in said Palm Beach County, Florida, for a period of
one year next preceding the first publication of the
attached copy of advertisement; and affiant further
says that she /he has neither paid nor promised any
person, firm or corporation any discount rebate,
�n
commission or refund for the purpose of securing
�M
this advertisement for publication in the said
newspaper. Also published in Martin and St. Lucie
SigneYiM -4ffJ41�
Counties.
Who is persolnall; known to me.
RESOLUTION NO. 013 -4
AdID:251690
Ad Cost: 832.48
HEATHER S. HART,, Notary r4W
In and for the Stapp of 01
Gh Commisciun U w PoG 71, ]