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HomeMy Public PortalAbout11/08/2013MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, NOVEMBER 8, 2013 AT 9:00 AM. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. II. C , III. Call to Order: Mayor Orthwein called the meeting to order at 9:00 A.M. Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Orthwein. 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 Lieutenant Edward Allen Danny Brannon of Brannon & Gillespie George (Beau) Delafield Christopher O'Hare Patsy Randolph Mayor Vice -Mayor Commissioner Commissioner Commissioner Town Manager Town Clerk Town Counsel Town of Gulf Stream Police Dept. Town Consultant for Undergrounding Project Gulf Stream Civic Association Resident Civic Association IV. Minutes: A. Regular Meeting and Public Hearing held on October 11, 2013 Commissioner Ganger moved and Vice -Mayor Stanley seconded to approve the October 11, 2013 Regular Meeting and Public Hearing Minutes. All voted AYE. V. Additions, Withdrawals, Deferrals, Arrangement of Agenda Items: Town Clerk Taylor added two (2) additional items; #Ll B Resolution No. 013 -08 and #Ll C a Resignation Letter received from ARPB Alternate Board Member, George (Beau) Delafield. VI. Announcements: A. Regular Meetings and Public Hearings 0 Mayor Orthwein announced the upcoming Regular Meetings and Public Hearings, and asked if there will be any absenteeism and there were no planned absent times. 1. December 13, 2013 @ 9:00 A.M. 2. January 10, 2014 @ 9:00 A.M. 3. February 14, 2014 @ 9:00 A.M. 4. March 14, 2014 @ 9:00 A.M 5. April 11, 2014 @ 9:00 A.M. Regular Meeting and Public Hearing Town Commission Meeting November 8, 2013 — Page 2 VII. COMMUNICATION FROM THE PUBLIC 0 MIN. MAXIMUM Mayor Orthwein asked for any speakers. Mr. Christopher O'Hare discussed in detail his website research that conflicted with Town Counsel Randolph's response to him at last month's Regular Meeting, with regard to Mr. O'Hare's request for C personal access to the Town's website. He continued that he felt he was personally prevented from usage of the website because of his political speech. Mt. O'Hare read and discussed the Town's Nuisance Code with reference to the responsibilities of Town Manager Thrasher to "fixing" the problems. He gave an example, that being, if the nuisances were near Mayor Orthwein's home, the problem would be solved immediately. Mr. O'Hare continued that he received a letter from Town Hall requesting obtaining a Landscaping Permit prior to any landscaping work commencing at his home, and again expressed his feelings regarding being singled out and threatened for non - compliance. Mayor Orthwein interjected that Mr. O'Hare's five (5) minute limit had expired. Mr. George (Beau) Delafield, representing Gulf Stream Civic Association (GSCA) read a letter addressed to The Honorable Joan K. Orthwein asking the Town to consider "adopting staggered terms of office for the Town Commissioners so that all Commissioners do not stand for election at the same time ". He continued that "GSCA believes that Gulf Stream should consider implementing a similar procedure applicable for the next election of Town Commissioners which should take place on the second Tuesday in March of 2014 (March 11) as required by Section 5.5 of the Town Charter ". Mayor Orthwein thanked the speakers, and asked for any other speakers. There were none. VIII. Reports: A. Utility Undergrounding — Danny Brannon (Engineer) Mr. Brannon gave a quick update on the easements' clearing to prepare for the equipment, switches and transformers, stating they were saving as much vegetation as possible with this process. He stated several residents had several questions and he resolved those issues with them personally. Commissioner Ganger inquired regarding the timing and process of installation of the slabs. He stated he was anxious to have the residents being kept updated on all information. C/ Mr. Brannon responded he is waiting for the cost to come back from the landscapers, and then they will proceed with the slabs. He further discussed the clearing which would take less than a week. Mr. Brannon stated he could not give an exact date, but he will develop a schedule and have it distributed possibly within a week. Commissioner Ganger again discussed the frustration of seeing stakes in the ground for almost a month and nothing else going on. He stated his concerns regarding the "snowbirds" returning, and their anticipation of " seeing some action ". Regular Meeting and Public Hearing Toem Commission Meeting November 8, 2013 — Page 3 Mr. Brannon stated he understood the Town's frustration, and related his efforts with regard to the Jupiter Island project, and the issues they had with their undergrounding project's completion taking a longer than anticipated time. He reminded everyone it will go well and get done. Mayor Orthwein stated she also understood the Community's frustration and knows it is a process. She recommended getting updated information out to the Civic Association explaining it is a process. Commissioner Ganger commented that he knew it would take two (2) years. He asked Mr. Brannon to put pressure on all contractors and landscapers to get it started. He also inquired as to who physically pours the slabs. Mr. Brannon responded the slabs are all precast, and the landscapers remove the stumps. Commissioner Ganger inquired whether Comcast will have to mark the existing wires where the slabs will be. Mr. Brannon stated all wires will be located prior to any digging. Mayor Orthwein stated the Town needed a "vision ", and suggested again an update with the Civic Association. Mr. Brannon commented that it was a good idea to hold a presentation, and have more information on the website for the residents. Commissioner Ganger inquired regarding the high sea levels and the possibilities of flooding, what problems could arise with the wiring if those issues should happen? Mr. Brannon again gave examples with his project in Jupiter Island's monsoon -type rains. He continued that there would be a great deal of water needed to blow a fuse. Mr. Brannon stated the switches being installed in the Town of Gulf Stream will be hermetically sealed and the stainless steel transformer would not be a problem if submerged in water. He suggested again putting all this information on the website for the residents' knowledge. Commissioner Ganger discussed the reliability of the system, if flooding did occur. C' Mayor Orthwein thanked Mr. Brannon for his report. B. Town Manager Town Manager Thrasher stated he had no report. Regular Meeting and Public Hearing Towrt Commission Meeting November 8, 2013 — Page 4 C. Architectural Review & Planning Board 1. Meeting Dates a. November 21, 2013 @ 8:30 A.M. b. December 19, 2013 @ 8:30 A.M. c. January 23, 2014 @ 8:30 A.M. C d. February 27, 2014 @ 8:30 A.M. e. March 27, 2014 @ 8:30 A.M. D. Finance Director 1. Financial Reports a. September 2013 b. October 2013 Town Manager Thrasher stated his Financial Reports are as presented, and asked if there were any questions. Commissioner Dering inquired as to whom reviews the Financial Reports before submission to the Commissioners, and salted that he is not satisfied with the length of time it has taken the auditors regarding the classification of the numbers. He further stated that the General Fund figures do not mean anything. Town Manager Thrasher responded he reviews the documents. He continued that the auditors also are not satisfied with classification of the undergrounding fund from Palm Beach County. Town Manager Thrasher stated that he is following the auditor's directions. He further stated that the Town is waiting for the Intake Report from the Tax Collector, as it relates to the monies for the properties. Commissioner Dering questioned the liabilities owed to the bank. Town Manager Thrasher stated that the auditors would be in the office during this month, and should give a clearer report on this issue in December. E. Police Chief In the absence of Police Chief Garrett J. Ward, Lieutenant Allen stated the Activity Report for October 2013 is as presented and asked that it be accepted if there were no questions.. IX. ITEMS FOR COMMISSION ACTION: A. Items by Mayor & Commissioners Commissioner Dering inquired as to what was being done with the Civic Association recommendation. C Town Counsel Randolph reported that if the Commission decided to go forward with any changes, they would have to give their directions to him. He continued that the charter would have to be amended with a first reading of an Ordinance, at the next Commission Meeting, which would incorporate an amendment. Town Counsel Randolph further stated that at the January meeting, there would be a second reading of the Ordinance. He also reported the Supervisor of Elections would require this format so that they can get it on the ballot for March 2014. Regular Meeting and Public Hearing Toum Commission Meeting November 8, 2013 — Page 5 Mayor Orthwein inquired if this issue would affect this coming election in March. Town Counsel Randolph responded that this issue could be on the ballot, but it would not affect the March 2014 election as far as the election of five (5) Commissioners. Commissioner Ganger repeated that if there were only five (5) candidates for the Commission, the staggered terms would be the only item on the ballot. Town Counsel Randolph stated that was correct. He continued that a Charter Committee could be set up, or have the Commissioners be the Charter Committee and review the Charter over the nest year. Town Counsel Randolph further stated that the Commission has to first decide if they want a Charter Amendment, with regard to staggered terms. Commissioner Dering stated he was curious why the Civic Association asked for staggered terms and not term limits. He continued he would like to see term limits also in the Charter. Mayor Orthwein reported that most elected persons do not want tern limits. She stated she was not opposed to it and believes in change. Vice -Mayor Stanley stated that when Municipalities do their Charter reviews, large or small, a workshop is held because of all the factors. He commented that he was unsure of the timing. Commissioner Dering stated that he recommends doing something, but not at this meeting. Vice -Mayor Stanley continued that most residents would think this change is minor in the grand scheme of things. He inquired regarding the cost of having one item on the ballot. Vice -Mayor Stanley also stated that if the Town goes through the effort, more things need to be on the ballot. Town Clerk Taylor responded that the cost of an election is approximately $3,000 to $5,000. Commissioner Ganger stated the Town has to first figure out what the problem is that has to be solved. He continued that since this request came from the Civic Association which represents 75% of the households, quality time has to be spent with the community to figure out this issue. Commissioner Ganger further C commented that this is "big stuff' to get done correctly, and applauds the Civic Association for getting this started. He strongly feels that staggered terms should be part of the solution. Commissioner Ganger suggested the Town should proceed with a public meeting or hearing with the Civic Association. Commissioner Dering stated he agrees with Commissioner Ganger's comments 100 %. He also commented that it could be done now or in a year from now. Regular Meeting and Public Hearing Town Commission Meeting November 8, 2013 — Page 6 Town Counsel Randolph stated if need be the Commission could call a special election nest March, if all the changes were resolved with a Charter Amendment. Vice -Mayor Stanley inquired with regard to a procedure to follow. Town Counsel Randolph reported that first the Commission has to decide whether they want a review of the Charter which is presently very sparse although it contains everything it needs to contain. He continued that there is nothing wrong with a small Charter. Town Counsel Randolph further stated that since the Civic Association has done a study and found they want changes, the Commission can set up a workshop with the Civic Association and the community where an expert can be brought in, e.g. a representative from the Florida League of Cities, for advisement. He continued that lately, forming committees has been unlucky for the Commission. Vice -Mayor Stanley stated that the Commission needed to proceed with this issue, as they received a request on the timing issues from the Civic Association. Mayor Orthwein agreed that it is important that the Commission works with the Civic Association. She also added that it will make things "simpler" to work with them. Commissioner Dering stated that rather than making a decision at this meeting, have the Civic Association come to next month's meeting for more detail on their thoughts before creating any reviews. Town Counsel Randolph commented that he agreed more input is needed from the Civic Association and that he will put together more information regarding the changes. Commissioner Ganger stated that Town Counsel Randolph's suggestion was a good one. He also suggested receiving the Association's other ideas and suggestions in a meeting forum. Commissioner Ganger discussed Delray Beach's positive efforts, from working within a workshop. Town Counsel Randolph suggested inviting, by letter, the Civic Association to the nest Commission Meeting where the Commission would be better informed of the issues at hand. Patsy Randolph, representing the Civic Association, introduced herself and stated that the election would be impacted with the staggered limits. She continued there are other issues but did not have time to delve into that at this time. Ms. Randolph asked Town Counsel Randolph if he would be willing to speak with the Civic Association's legal counsel which he agreed to. Mr. O'Hare reported that on September 22, 2013, he petitioned the Supervisor of Elections, with regard to the Town of Gulf Stream amending their Town Charter, which he forwarded to Town Manager Thrasher. He continued that he has heard nothing from Town Hall, and was anxious to obtain signatures on that issue. Regular Meeting and Public Hearing Town Commission Meeting November B, 2013 — Page 7 Town Manager Thrasher stated that he knew nothing about that transaction. He suggested writing that request in a letter. Town Clerk Taylor stated that may have been mixed in with the many public requests. B. Resolutions Town Clerk Taylor read Resolution No. 013 -08A in its entirety. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE APPROPRIATIONS OF BUDGET EXPENDITURES IN THE GENERAL FUND FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2013; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA THAT THE FOLLOWING REAPPROPRIATIONS BE MADE: Increase Decrease Salaries — Streets $ 2,500 Benefits — Streets 15,000 Capital Outlay — Streets 37,000 Legal — Admin 300,000 Salaries — PD 31,410 Unreserved Fund Balance $ 385,410 Commissioner Dering stated that the actual budget was increased by $500,000. Town Manager Thrasher reported that from a budget perspective that was correct. He continued that the actual deficit is $233,000 which is a budget adjustment. Commissioner Dering responded that it is misleading. CTown Manager Thrasher continued that he thought it was a positive thing. Commissioner Dering moved and Commissioner Ganger seconded to approve Resolution No. 013- 08A. All voted AYE. Town Clerk Taylor read Mr. Delafield's Letter of Resignation, as an Alternate Board Member of the ARPB. Regular Meeting and Public Hearing Town commission Meeting November 8, 2013— Page 8 Mayor Orthwein stated that she regretfully accepted his letter. Commissioner Ganger moved and Commissioner Stanley seconded to approve Mr. George (Beau) Delafield's Letter of Resignation. All voted AYE. Mayor Orthwein reminded everyone that a letter of interest is on file from Mr. Hewlett Kent. Commissioner Ganger moved and Commissioner Dering seconded to approve the appointment of Mr. Kent to the ARPB, as an Alternate Board Member. All voted AYE. Commissioner Ganger reported that he was planning on attending the Civic Association Meeting on Global Warming on Tuesday evening. He stated he understood there would be a problem with two (2) or more Commissioners attending a Civic Association Meeting. Mayor Orthwein stated she was also planning on attending that meeting to thank the Civic Association for the TV and signs. Town Counsel Randolph responded that two (2) can be present, as long as they were not in conversation with each other regarding issues being discussed at that meeting, but just sitting in the audience should not create a problem. Commissioner Ganger reported on the 75"' Anniversary of the school in Gulf Stream article in the Coastal Star. He continued that he personally paid for an advertisement congratulating the school on their success on behalf of the Town. X. ADJOURNMENT: Mayor Orthwein adjourned the meeting at 10:01 A.M. i i� I Sandra Fein Recording Secretary November 1, 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, NOVEMBER 8, 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. Minutes of the Regular Meeting of October 11, 2013. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. December 13, 2013 @ 9 A.M. 2. January 10, 2014 @ 9 A.M. 3. February 14, 2014 @ 9 A.M. 4. March 14, 2014 @ 9 A.M. 5. April 11, 2014 @ 9 A.M. VII. Communication 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. November 21, 2013 @ 8:30 A.M. b. December 19, 2013 @ 8:30 A.M. c. January 23, 2014 @ 8:30 A.M. d. February 27, 2014 @ 8:30 A.M. e. March 27, 2014 @ 8:30 A.M. D. Finance Director 1. Financial Reports a. September 2013 b. October 2013 E. Police Chief 1. Activity for October 2013 IX. Items for Commission Action. A. Items by Mayor & Commissioners X. 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