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HomeMy Public PortalAbout07/18/1997MAYOR: William F. Koch, Jr. COMMISSIONER: James E. Cross Robert W. Hopkins II William A. Lynch Joan K. Orthwein REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE THE TOWN OF GULF STREAM ON FRIDAY, JULY 18, 1997 AT COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, FLORIDA. I. Call to Order. Ii. Pledge of Allegiance. III. Roll Call. July 11, 1997 TOWN COMMISSION OF 9:00 A.M., IN THE GULF STREAM, IV. Minutes. A. Regular Meeting /Public Hearing of June 20, 1997 B. Special Meeting of June 27, 1997 C. Special Meeting of June 30, 1997 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. August 8, 1997 at 9:00 A.M. 2. September 12, 1997 at 4:00 P.M. 3. September 12, 1997 at 5:01 P.M. (Budget Hearing) 4. September 26, 1997 at 5:01 P.M. (Budget Adoption) 5. October 10, 1997 at 9:00 A.M. 6. November 14, 1997 at 9:00 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. Continued from June 20. 1997-An application submitted by H. Frank Lahage of H. Frank Lahage & Associates, Inc., as agent for Mr. & Mrs. Paul Malnove, the owners of the property located at 1555 N. Ocean Blvd., Gulf Stream, Florida, which is legally described in metes and bounds in Section 10, Township 46 South, Range 43 East. a. SPECIAL EXCEPTION -To exclude 296 square feet of roof projections from the maximum floor area calculations. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the addition of two breezeways, roofed and unenclosed, to the dwelling under construction at the location stated herein. 2. An application submitted by Thomas McMurrain of Ocean Properties, Ltd., as agent for Thomas T. and Linda R. Walsh, the owners of the property located at 3030 N. Ocean Blvd., Gulf Stream, F1., which is legally described as a portion of Lot 37 and all of Lot 38 in Gulf Stream Properties subdivision. page 2 AGENDA CONTINUED a. NORTH OCEAN BOULEVARD VEGETATIVE DISTURBANCE PERMIT - To change the configuration of the driveway and add plant material within the first 50 feet of property adjacent to AIA. b. LAND CLEARING PERMIT -To permit construction of a single family dwelling, which includes the addition of fill material. c. VARIANCE -To maintain a non - conforming guest house which encroaches 2.2' into the minimum 15 foot north side setback and 3.9' into the minimum 30' west side setback. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the demolition of the existing primary structure and pool, the retention of the existing non - conforming guest house, and the construction of a two -story single family dwelling consisting of 7,438 square feet at the location described herein. 3. An application submitted by William Wietsma, as agent for Leslie and Ann Heilakka, owners of the property located at 3 Driftwood Landing, Gulf Stream, F1., which is legally described as Lot 7, Driftwood Landing subdivision. a. LAND CLEARING PERMIT -To permit construction of a single family dwelling, which includes the addition of fill material. b. LEVEL 3 architectural site plan review -To permit construction of a one - story, single family dwelling consisting of 5,899 square feet and a pool and spa at the location described herein. VIII. Reports. A. Town Manager B. Town Attorney C. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting /Public Hearing, 9 -24 -97 at 8:30 A.M. b. Regular Meeting /Public Hearing, 20 -22 -97 at 8:30 A.M. c. Regular Meeting /Public Hearing, 11 -26 -97 at 8:30 A.M. D. Finance Director 1. Financial Report for June, 1997 E. Police Chief 1. Activity for June, 1997 F. Construction in Progress in June, 1997 IX. Items for Commission Action. A. Election.of a Vice Mayor B. Resignation from the Architectural Review & Planning Board C. Appointments 1. One Alternate Member for ARPB 2. One Member for Gulf Stream Historic Highway Committee D. Ordinances For Second Reading and Adoption 1. No. 97 -2; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING CHAPTER 66 OF THE CODE OF ORDINANCES RELATING TO ZONING, BY AMENDING THE GULF STREAM DESIGN MANUAL IN THE MANNER AND FORM ATTACHED HERETO; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVID- ING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. page 3 AGENDA CONTINUED 2. No. 97 -3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, GRANTING TO FLORIDA PUBLIC UTILITIES COMPANY, ITS SUCCESSORS AND ASSIGNS, A GAS FRANCHISE AND PERMISSION TO CONDUCT A GAS BUSINESS IN THE TOWN OF GULF STREAM, FLORIDA. E. Maintenance Agreement with Chris Wheeler to provide for a uniform scheme of maintenance of a portion of South Hidden Harbour Drive. F. BUDGET PRESENTATION (1997 -1998) 1. Budget Consideration 2. Proposed Millage Rate for 1997 -1998 3. Certification of Rolled Back Rate 4. Date of 1st Public Hearing toward budget adoption 5. Date of 2nd Public Hearing for budget adoption G. Items by Mayor and Commissioners X. Correspondence. A. Resolution No. 33 -97 requesting that the State Insurance Commissioner review and amend policies and procedures for insurance coverage, including rates, for all types of insurance for Florida residents -City of Lake Worth XI. Public. 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 0 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JULY 18, 1997 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Koch called the meeting to order at 9 A.M II. Pledge of Allegiance. The Pledge of Allegiance was led by Mayor Koch. III. Present and William F. Koch, Jr. Mayor Participating: James E. Cross Commissioner Robert W. Hopkins II Commissioner William A. Lynch Commissioner Joan K. Orthwein Commissioner Also Present and E. Scott Harrington Town Manager Participating: Rita L. Taylor Town Clerk William Thrasher Finance Director Robert Schultz Police Chief Kristin Garrison T.M. Appointee Thomas McMurrain Agent for Walsh William Wietsma Agent for Heilakka Tom Murphy Chairman - Driftwood Landing Homeowners Assoc. & Resident Mayor Koch welcomed Commissioner Lynch to his first Regular Meeting as a Town Commissioner. IV. A. Regular Meeting /Public Hearing of June 20, 1997 B. Special Meeting of June 27, 1997 C. Special Meeting of June 30, 1997 Commissioner Cross moved and Commissioner Hopkins seconded that each of the above minutes be approved as circulated and all voted AYE at roll call. V. Additions. withdrawals. deferrals. arrangement of agenda items. Town Clerk Taylor requested to add item IX.H., a contract amendment for Urban Design Studio regarding the Manual Revisions. There were no objections and Mayor Koch so directed. C r\ Regular Meeting & Public Hearing Town Commission -July 18, 1997 page 2 VI. A. Regular Meetings and Public Hearings 1. August 8, 1997 at 9:00 A.M. 2. September 12, 1997 at 4:00 P.M. 3. September 12, 1997 at 5:01 P.M. (Budget Hearing) 4. September 26, 1997 at 5:01 P.M. (Budget Adoption) 5. October 10, 1997 at 9:00 A.M. 6. November 14, 1997 at 9:00 A.M. These announcements were made by Mayor Koch. VII. PUBLIC HEARING. A. Applications for Development Approval Mayor Koch asked all who intended to speak to stand and take the Oath whereupon the Town Clerk administered the Oath to Thomas McMurrain, William Wietsma and Tom Murphy. 1. Continued from June 20. 1997 -An application submitted by H. Frank Lahage of H. Frank Lahage & Associates, Inc., as agent for Mr. & Mrs. Paul Malnove, the owners of the property located at 1555 N. Ocean Blvd., Gulf Stream, Florida, which is legally described in metes and bounds in Section 10, Township 46 South, Range 43 East. a. SPECIAL EXCEPTION -To exclude 296 square feet of roof projections from the maximum floor area calculations. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the addition of two breezeways, roofed and unenclosed, to the dwelling under construction at the location stated herein. Town Clerk Taylor advised that the applicant has requested that this item be deferred to the September 1997, meeting of the ARPB and that the ARPB has recommended that the request be granted. Commissioner Orthwein moved that this application be deferred to the October 1997, Public Hearing that will be held by the Town Commission. The motion was seconded by Commissioner Hopkins. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. 2. An application submitted by Thomas McMurrain of Ocean Properties, Ltd., as agent for Thomas T. and Linda R. Walsh, the owners of the property located at 3030 N. Ocean Blvd., Gulf Stream, F1., which is legally described as a portion of Lot 37 and all of Lot 38 in Gulf Stream Properties subdivision. Each member of the Commission stated they had not visited the site and had no ex -parte communications to disclose. Regular Meeting & Public Hearing Town Commission -July 18, 1997 page 3 Mr. Thomas McMurrain explained that the proposed structure is a two - story dwelling that he considers to be a Gulf Stream - Bermuda style, pointing out several elements on the design in keeping with this style. He further explained that the applicant desires to keep the existing two -story guest house /garage structure while demolishing the existing Gprimary structure, but will need a variance to do so in that the structure encroaches 9.7' into the minimum 22.5 foot north side setback and 3.9' into the minimum 30' west side setback. Mr. McMurrain stated that the building would be painted to match the new proposed dwelling. Mr. McMurrain continued by explaining that the existing driveway access off State Road AlA will remain in the present location in order that the Australian pine trees will not be disturbed, but that the driveway will be reconfigured inside the property. Town Manager Harrington called attention to the proposed elevation of the new structure, that being 2.5' higher than the existing. He stated this is necessary in order to lift the first floor elevation above the crest of AlA and Gulf Stream Road. He advised that swales have been designed to deflect stormwater from flowing onto neighboring properties. Mr. Harrington also pointed out that a supplemental drawing has been furnished to show that a triple layer of vegetation would be planted next to the wall of the guest house to soften the appearance of this structure from Gulf Stream Road. In addition, Mr. Harrington advised that the applicant has agreed that the driveway and parking area off Gulf Stream Road will have a surface of pavers to match those of the driveway off AlA. He further pointed out that the supplemental drawing of a 12 foot wall is that of the courtyard wall. He stated that the wall around the property is shown at 6' which is permitted but he is recommending that the style be of a simple design similar to that of the 12' wall that is shown in the supplemental drawing. The Town Clerk advised that no correspondence had been received regarding this application. a. NORTH OCEAN BOULEVARD VEGETATIVE DISTURBANCE PERMIT- To change the configuration of the driveway and add plant material within the first 50 feet of property adjacent to AIA. Commissioner Hopkins moved and Commissioner Lynch seconded that a North Ocean Boulevard Vegetative Disturbance Permit be approved based on a finding that the plans and documents submitted by the applicant meet all applicable permit standards with the condition that the driveway be composed of pavers. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. Regular Meeting & Public Hearing Town Commission -July 18, 1997 page 4 b. LAND CLEARING PERMIT -To permit construction of a single family dwelling, which includes the addition of fill material. Commissioner Hopkins moved the approval of a Land Clearing Permit based Gon a finding that the plans and documents submitted by the applicant ' meet all applicable permitting standards with the condition that all remaining or relocated vegetation shall be adequately protected during construction. Commissioner Orthwein seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. c. VARIANCE -To maintain a non - conforming guest house which encroaches 9.7' into the minimum 15 foot north side setback and 3.9' into the minimum 30' west side setback. Commissioner Hopkins moved, and the motion was seconded by Commissioner Orthwein, that the Variance be granted as requested based on a finding that the plans and documents submitted by the applicant are consistent with all applicable review criteria with the condition that the landscaping on the west side of the guest house /garage follows the revised landscape plan for that area that was presented at this hearing. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. d. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW -To permit the demolition of the existing primary structure and pool, the retention of the existing non - conforming guest house, and the construction of a two -story single family dwelling consisting of 7,438 square feet at the location described herein. Commissioner Lynch moved and Commissioner Hopkins seconded that a Level 3 Architectural /Site Plan Review be approved for the demolition of the existing residence, maintenance of the existing guest house and construction of a new home and accessory structures based on a finding that the plans and documents submitted by the applicant are consistent with all applicable review criteria with the following conditions: 1) J The elevation and slope of the driveway along the north side of the property be designed so as to direct stormwater away from the property to the north; 2) Landscape screening be provided as shown on the supplemental drawing for the area along the west side of the guest house /garage to achieve an appropriate appearance from Gulf Stream Road compatible with other properties along the same stretch of road; 3) The privacy wall be constructed as shown on the supplemental drawing and consistent with the preferred wall design standards listed in the Design Manual; 4) The design of the perimeter wall be kept simple, following that used for the privacy wall, and that it be 6' maximum in height; and 5) The rear parking lot and driveway be constructed of pavers to match Regular Meeting & Public Hearing Town Commission -July 18, 1997 page 5 the front driveway. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. 3. An application submitted by William Wietsma, as agent for Leslie and Ann Heilakka, owners of the property located at 3 Driftwood Landing, Gulf Stream, F1., which is legally described as Lot 7, Driftwood Landing subdivision. All Commissioners advised that they had not visited the property and that they had no ex -parte communications to disclose. William Wietsma began his presentation by displaying an amended site plan showing the proposed structure being moved 5' to the west in order to provide a wider setback on the east side and preserve the landscaping which is adjacent to the property of Mr. Murphy. Mr. Wietsma advised that this was a condition of the recommendation made by the ARPB. He then pointed out that the home is of a one - story, Gulf Stream Bermuda design and that the driveway surface would be pea gravel. Commissioner Hopkins asked Mr. Harrington for an explanation regarding the "discouraged" heights of the roof and chimney. Mr. Harrington explained that the roof extends to 24' in height and the chimney to 281, placing them in the "discouraged" classification, with these being the only discouraged elements on the structure. He further explained that he believed this to be justified in that the applicant believes that a 6/12 roof slope is necessary to maintain the integrity of the Gulf Stream - Bermuda design, and the slope to be consistent with other homes in the immediate area. He noted that the peak is only 36' long and is located in the middle of the property. Mr. Harrington stated that staff concurs with the applicant's justification in that the front and rear elevations are 118 feet wide and the higher roof helps to maintain an appropriate vertical /horizontal proportion. He pointed out that the lot is almost square as opposed to a rectangular shape that is customary in Gulf Stream, resulting in a wider design. Mr. Tom Murphy, the neighbor to the east, advised that he was pleased with having the structure moved 5' to the west and was glad to know that the owners are anxious to preserve as much vegetation as possible. He praised the owners and Mr. Wietsma for their cooperation in addressing his concerns. a. LAND CLEARING PERMIT -To permit construction of a single family dwelling, which includes the addition of fill material. Commissioner Orthwein moved and Commissioner Cross seconded the approval of a Land Clearing Permit based on a finding that the plans and documents submitted by the applicant meet all applicable permitting criteria with the condition that all plant material to be saved or' Regular Meeting & Public Hearing Town Commission -July 18, 1997 page 6 relocated be adequately protected during construction. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. b. LEVEL 3 architectural site plan review -To permit O construction of a one - story, single family dwelling consisting of 5,899 square feet and a pool and spa at the location described herein. Commissioner Orthwein moved the approval of a Level 3 Architectural /Site Plan Review for construction of a new home (including the incorporation of discouraged roof and chimney heights) and accessory structures based on a finding that the plans as amended and documents submitted by the applicant are consistent with all applicable review criteria with the condition that the driveway surface material be pea gravel. The motion was seconded by Commissioner Lynch: Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. VIII. Reports, A. Town Manager Town Manager Harrington had no report but took the opportunity to thank the Commissioners, past and present, for the support they have given him over the past 6 years, and for giving a 28 year old, bearded, single man an opportunity to serve as Town Manager. He stated this has been the best job he ever had, and the most fun. Mr. Harrington said he is sorry to leave but decided that if he is to move on with his career, this is the time to do it. He added that he believed the Commission made an outstanding choice for his replacement as Town Manager. B. Town Attorney There was no report from the Town Attorney. C. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting /Public Hearing, 9 -24 -97 at 8:30 A.M. b. Regular Meeting /Public Hearing, 10 -22 -97 at 8:30 A.M. c. Regular Meeting /Public Hearing, 11 -26 -97 at 8:30 A.M. ^� These dates were announced by Mayor Koch. D. Finance Director 1. Financial Report for June, 1997 Mr. Thrasher reported the cash balance at the end of June 1997, was $24,005, and that the total amount of revenues received in May was $112,415 with $85,326 being from water consumption fees. He further reported that invested funds now total $701,444 with $583,688 being in the General Fund. Mr. Thrasher reported an unfavorable net revenue variance for the month of June 1997, in the amount of $21,470. He pointed out that this is due to delinquent property taxes. However, he reported that the year to date net revenue variance is favorable at Regular Meeting & Public Hearing Town Commission -July 18, 1997 page 7 $38,652. Mr. Thrasher further reported that the Delray Beach water meter has now been replaced but as of this time, no negotiations have been held with regard to the revenues due Delray during the time of the malfunctions. There is an unfavorable net revenue figure of $11,947 for the month of June due to there being no collections for water consumption, but there is as favorable net revenue year to date figure of $108,218, he said. Mr. Thrasher closed by noting that he has included balance sheets for all funds with his report as this is the end of a quarter. Commissioner Hopkins moved and Commissioner Orthwein seconded that the report be accepted as presented and all voted AYE at roll call. E. Police Chief 1. Activity for June 1997 Chief Schultz presented the Department's activity report for June 1997 and then reported that the Town staff held a meeting on hurricane preparation on June 24, 1997, Sgt. Allen and Mr. Thrasher attended an emergency management meeting on damage assessments at the Palm Beach County EOC office on June 25, 1997, and that he had attended the police basic training academy graduation at Palm Beach Community College. F. Construction in Progress in June 1997 There was no report for June available and it will be included on the next agenda. IX. Items for Commission Action, A. Election of a Vice Mayor Commissioner Lynch nominated Commissioner Orthwein for the office of Vice Mayor. Inasmuch as there were no other nominations, Commissioner Lynch moved to close the nominations and cast one unanimous vote for Commissioner Orthwein. Commissioner Hopkins seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. B. Resignation from the Architectural Review & Planning Board A letter from Bettina Smith resigning from the Architectural Review and Planning Board was read in it's entirety. Commissioner Orthwein moved that Mrs. Smiths' resignation be accepted with deep regret. The motion was seconded by Commissioner Lynch. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. C. Appointments 1. One Alternate Member for ARPB Commissioner Orthwein moved and Commissioner Hopkins seconded that the appointment be tabled until the next meeting. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE. Prior to the motion to table, the members of the Regular Meeting & Public Hearing Town Commission -July 18, 1997 page 8 Commission agreed that those residents who applied for a similar appointment a few months previously will be considered along with others when making this appointment for an Alternate Member. 2. One Member for Gulf Stream Historic Highway Committee A letter of interest in this appointment from Randy Ely was read in its (J entirety. Commissioner Lynch moved to table this matter and the motion was seconded by Commissioner Cross. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. D. Ordinances For Second Reading and Adoption 1. No. 97 -2; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AMENDING CHAPTER 66 OF THE CODE OF ORDINANCES RELATING TO ZONING, BY AMENDING THE GULF STREAM DESIGN MANUAL IN THE MANNER AND FORM ATTACHED HERETO; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVID- ING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. The Town Clerk read Ordinance No. 97 -2 by title. Town Manager Harrington reminded that the matter of regulating mail boxes has been addressed in the Revision of the Manual but it has since been agreed to include the color black as "preferred ". The Town Clerk advised that the mail carrier had asked to see a copy of the regulations as he was being questioned by Gulf Stream residents as to the contents. She further advised that the carrier had suggested that perhaps unpainted boxes should also be "preferred" since that is the way many of them are manufactured. The Commissioners felt this to be a valid consideration and Commissioner Lynch moved to include the color black and unpainted metal mail boxes as "preferred ". The motion was seconded by Commissioner Orthwein. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. Town Manager Harrington advised that there seems to be some confusion regarding color and he pointed out that mail boxes may be painted any color while the Manual prefers white, black or unpainted metal, no color is held as being "discouraged ". Only non - standard shapes of boxes are discouraged. He pointed out that boxes with anything attached i.e. tails, wings, etc., would be prohibited. Commissioner Lynch then moved the adoption of Ordinance No. 97 -2 as amended and Commissioner Hopkins seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. Regular Meeting & Public Hearing Town Commission -July 18, 1997 page 9 2. No. 97 -3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, GRANTING TO FLORIDA PUBLIC UTILITIES COMPANY, ITS SUCCESSORS AND ASSIGNS, A GAS FRANCHISE AND PERMISSION TO CONDUCT A GAS BUSINESS IN THE TOWN OF GULF STREAM, FLORIDA. C� Town Clerk Taylor read Ordinance No. 97 -3 by title after which Commissioner Cross moved for the adoption of Ordinance No. 97 -3 and Commissioner Lynch seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. E. Maintenance Agreement with Chris Wheeler to provide for a uniform scheme of maintenance of a portion of South Hidden Harbour Drive. Town Manager Harrington advised that Mr. Wheeler is constructing a new dwelling on South Hidden Harbour Drive and wishes to install paver blocks on the surface of the street in the area of his residence. He further advised that the proposed agreement is identical to the one that was approved for the property at the north end of Wrightway. Mr. Harrington added that the Hidden Harbour Association has no objection to this. Commissioner Lynch moved that the maintenance agreement be approved and that Mayor Koch be authorized to execute same. The motion was seconded by Commissioner Cross. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. Mayor Koch declared a 10 minute recess at this point. F. BUDGET PRESENTATION (1997 -1998) William Thrasher, Finance Director, began by reminding that the Commission had directed at the budget hearings last year that efforts be made over the next few years to increase the Unreserved Fund Balance, making funds available in the event of an emergency such as a hurricane. He advised that this year it is possible to move in this direction without costing the taxpayers more in municipal taxes than they paid last year. He advised that the General Obligation Bond was paid in full in this current year with a millage rate of .5194 per $1,000 of appraised value. Inasmuch as there will be no need to establish millage in 1997 -1998 to cover the G/O Bond, the amount of millage, .5194, that was established last year for that has been added to the millage rate for the Operating Fund, using a combined rolled -back calculation method, to derive a single Ad Valorem property tax rate of 4.0856 mills per $1,000 of appraised value. In so doing, the tax rate for the Operating Fund will show a 14% increase over the rolled -back rate of 3.5878 mills but it will not result in taxpayers paying more than they did last year. Regular Meeting & Public Hearing Town Commission -July 18, 1997 page 10 The additional revenue that has been used for the G/O Bonds in past years will then be used to increase the unreserved fund balance, he said. Mr. Thrasher went on to explain that there is currently an Unreserved Fund Balance in the amount of $124,000, and assuming that the proposed millage rate is approved for 1998, a "rolled- back" rate could be used for several years into the future. Additionally, by the year 2002 the Unreserved Fund Balance could be between $387,000 and $635,000, depending on how much of the contingency is spent in the previous year's budget. The Finance Director advised that the proposed budget provides for a full time receptionist (30 hours with benefits) rather than for a part time position; a 3t increase in both the base wages and the merit bonus; the purchase of 2 new police patrol cars and a night scope; computer software and equipment; land clearing; codification of ordinances; and street repairs and construction. He further advised that the proposed budget provides for the same expenditure for Solid Waste due to the contractor, B.F.I., offering not to increase their fee this year as part of a proposal to renew their contract for an additional 5 years. Concluding his presentation, Mr. Thrasher called attention to the proposed budget for the Water Fund in the amount of $500,750, $29,040 of which covers the Debt Service. 1. Budget Consideration Commissioner Hopkins asked Mr. Thrasher if he felt bids should be sought when an expenditure exceeded a certain limit, perhaps $10,000. Mr. Thrasher replied that he agreed with this. Mayor Koch noted that there are unexpended funds for police training in the current budget and asked for an explanation since the same amount appears in the proposed budget. Chief Schultz advised that this is intended to cover the cost of his attending various state conferences at which classes are offered to achieve the State mandated re- training. He further advised that this also is used to defray the cost of the mandatory re- training of all of the officers. The Chief advised that he had been unable to attend some of the training offered this year as the Department had been short of manpower and it had been necessary for him to fill in some of the shifts. Commissioner Hopkins asked for an explanation regarding the merit bonus plan and how it is determined. Mr. Harrington explained the plan and suggested that Commissioner Hopkins meet with him after the meeting to review the spread sheets that detail the plan. Commissioner Hopkins Regular Meeting & Public Hearing Town Commission -July 18, 1997 page 11 then requested that a recap be provided covering the expenditures in 1996 -1997 for Professional and Legal Services. Mr. Thrasher said that he would prepare and distribute this prior to future budget hearings. 2. Proposed Millage Rate for 1997 -1998 C/ Commissioner Orthwein moved and Commissioner Lynch seconded to establish a proposed millage rate of 4.0856 per $1,000 of appraised value for Fiscal Year 1997 -1998. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. 3. Certification of Rolled Back Rate Commissioner Orthwein moved that the Rolled Back Rate be certified at 3.5878 mills and Commissioner Lynch seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. 4. Date of 1st Public Hearing toward budget adoption Commissioner Hopkins moved that the Public Hearing for adoption of a Tentative Budget for 1997 -1998 be held at 5:01 P.M. on September 12, 1997 in the Town Hall. The motion was seconded by Commissioner Lynch. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. 5. Date of 2nd Public Hearing for budget adoption It was moved by Commissioner Hopkins and seconded by Commissioner Lynch that the Public Hearing for Budget adoption be held on September 26, 1997 at 5:01 P.M. in the Town Hall. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. G. Items by Mayor and Commissioners There were no items from the Mayor and Commissioners. H. Contract amendment for Urban Design Studio RE: Design Manual Town Manager Harrington advised that it had been necessary during the review process to revise the Design Manual to have Urban Design Studio perform work beyond that covered by the contract, most of which was graphic. He stated that he had negotiated a price for this additional work in the amount of $3,756 which is being presented in the form of an amendment to the original contract. Mr. Harrington further advised that there would be an additional cost for publishing the Revised Manual and scanning same that will not exceed $850.00. He requested authorization for these expenditures. Commissioner Lynch moved that the amendment to the contract with Urban Design Studio in the amount of $3,756 be approved and the Mayor be authorized to execute same, and that an expense for scanning and publishing the Revised Design Manual be authorized in an amount not to exceed $850.00. Commissioner Cross seconded the motion. Roll Call: Regular Meeting & Public Hearing Town Commission -July 18, 1997 page 12 Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. X. Correspondence, A. Resolution No. 33 -97 requesting that the State Insurance Commissioner review and amend policies and procedures for insurance coverage, including rates, for all types of insurance for Florida residents -City of Lake Worth This resolution was made a part of the official record. XI. Public. There was no comment from the public. XII. Adjournment. Mayor Koch adjourned the meeting at 11:15 A.M. Rita L. Taylor, T wn Clerk