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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, ]