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Home My Public Portal About08/08/1997August 1, 1997 MAYOR: William F. Koch, Jr. COMMISSIONER: James E. Cross Robert W. Hopkins II William A. Lynch Joan K. Orthwein REGULAR MEETING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, August 8, 1997, AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes. A. Special Meeting of July 10, 1997 B. Special Meeting of July 17, 1997 C. Regular Meeting & Public Hearing of July 18, 1997 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. September 12, 1997 at 4:00 P.M. 2. September 12, 1997 at 5:01 P.M. (Tentative Budget) 3. September 26, 1997 at 5:01 P.M. (Final Budget Adoption) 4. October 10, 1997 at 9:00 A.M. 5. November 14, 1997 at 9:00 A.M. VII. Reports. A. Town Manager B. Town Attorney C. Architectural Review & Planning Board 1. Meeting Dates a. September 24, 1997 at 8:30 A.M. b. October 22, 1997 at 8:30 A.M. D. Finance Director 1. Financial Report for July 1997 2. Bi- monthly water consumption E. Police Chief 1. Activity for July 1997 F. Construction in Progress 1. June 1997 2. July 1997 VIII. Items for Commission Action. A. Tabled Items O 1. Appointments a. One Alternate Member for ARPB b. One Member for Gulf Stream Historic Highway Committee B. Agreements 1. Franchise Addendum for Solid Waste and Recycling Collection - B.F.I. 2. Franchise Agreement for Natural Gas -F1. Public Utilities 3. NPDES Interlocal Agreement W /North Palm Beach County Improvement District. C. Amendments to Personnel Policy D. Resolution No. 97 -6; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, REQUESTING A PRO -RATA SHARE OF THE COUNTY EMERGENCY MEDICAL SERVICE SURCHARGE AWARD PROGRAM FUNDS FOR 1997 -98 FOR THE CITY OF DELRAY BEACH. IX. Correspondence. A. Resolution R97 -110 urging the Florida Legislature to enact legislation to repeal the preemption language in the Florida Clean Indoor Air Act and return to local government the right to enact and enforce tobacco related ordinances.- Boynton Bch. B. Resolution R97 -20 requesting that the Insurance Commissioner of the State of Florida review and amend policies and procedures for insurance coverage for residents of the State of Florida. - Village of Wellington X. Public. XI. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN n 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 MINUTES OF THE REGULAR MEETING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, AUGUST 8, 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. Roll Call. Present and William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice Mayor James E. Cross Commissioner Absent with Robert W. Hopkins II Notice: William A. Lynch Also Present and Kristin K. Garrison Participating: Tracey Biagiotti Rita L. Taylor William Thrasher Robert Schultz IV. Commissioner Commissioner Town Manager Appointee Asst. Town Attorney Town Clerk Finance Director Police Chief A. Special Meeting of July 10, 1997 B. Special Meeting of July 17, 1997 C. Regular Meeting & Public Hearing of July 18, 1997 Commissioner Cross moved and Commissioner Orthwein 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. The Town Clerk asked to withdraw Item VII.B.2., a Franchise Agreement for Natural Gas, in that Attorney Randolph was not comfortable with moving ahead with this until he had spoken once again with Florida ^1 Public Utilities. There were no objections to withdrawing this item. Regular Meeting -Town Commission August 8, 1997 page 2 VI. Announcements, A. Regular Meetings and Public Hearings 1. September 12, 1997 at 4:00 P.M. 2. September 12, 1997 at 5:01 P.M. (Tentative Budget) 3. September 26, 1997 at 5:01 P.M. (Final Budget Adoption) 4. October 10, 1997 at 9:00 A.M. 5. November 14, 1997 at 9:00 A.M. These announcements were made by the Town Clerk and Mayor Koch directed that each Commissioner check their schedule to verify these dates. VII. Reports, A. Town Manager Kristin Garrison advised that she is looking forward to assuming the office of Town Manager on August 21, 1997. She reported that she had several meetings with Mr. Harrington before he departed and that he had briefed her on the pending projects and matters. B. Town Attorney There was no report from the Town Attorney. C. Architectural Review & Planning Board 1. Meeting Dates a. September 24, 1997 at 8:30 A.M. b. October 22, 1997 at 8:30 A.M. The Town Clerk advised that the ARPB will not be holding a meeting in August and then announced the above dates for September & October. D. Finance Director 1. Financial Report for July 1997 Mr. Thrasher reported the cash balance at the end of July 1997 was $5,582, and that the total amount of revenues received in July was $72,574 with $10,720 being from water consumption fees. He further reported that invested funds now total $644,053 with $526,297 being in the General Fund. Mr. Thrasher next reported an unfavorable net revenue variance for the month of July 1997 in the amount of $17,883 due to delinquent ad valorem tax payments and the separation settlement with Mr. Harrington. Mr. Thrasher added that this would correct in a few weeks due to no salary being paid for a current Town Manager. The Finance Director pointed out a favorable net revenue variance of $20,767 ^� for year to date activity. Commissioner Orthwein moved and Commissioner Cross seconded that the report be accepted as presented and all voted AYE at roll call. 2. Bi- monthly water consumption Mayor Koch asked if there were any questions regarding this report and there being none, the Mayor moved to the next item. Regular Meeting -Town Commission August 8, 1997 page 3 E. Police Chief 1. Activity for July 1997 Chief Schultz presented the Department's activity report for July 1997 and then reported that he had been on vacation the past week and Officer Haseley had attended Crime Scene Technician School. F. Construction in Progress O 1. June 1997 The Construction in Progress Report revealed there to be $9,992,923 worth of construction during the month of June 1997. 2. July 1997 The July report was not available at this time. The Town Clerk advised it would be included on the September agenda. VIII. Items for Commission Action. A. Tabled Items 1. Appointments a. One Alternate Member for ARPB Inasmuch as the ARPB would not be meeting until after the September 1991 Commission Meeting, Commissioner Orthwein moved and Commissioner Cross seconded that this appointment be tabled until the September meeting when the other Commissioners may be present. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, and Mayor Koch; AYE. b. One Member for Gulf Stream Historic Highway Committee Those expressing an interest in serving on this committee were: Peter G. Ballas II, M.D., Randy Ely, H. George Kagan, and Charles M. Russell, Jr. Commissioner Orthwein moved that H. George Kagan be appointed to the Gulf Stream Historic Highway Committee.and the motion was seconded by Commissioner Cross. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, and Mayor Koch; AYE. B. Agreements 1. Franchise Addendum for Solid Waste and Recycling Collection- B.F.I. Town Clerk Taylor explained that this agreement covers the decision that was made at the Public Hearing establishing a Proposed Budget for 1997- 1998 to extend the current agreement for another 5 years with there being no CPI increase for the fiscal year 1997 -1998, and with a reduction in the cost for the removal of bulk trash and vegetative matter from $11 per cubic yard to $6 per cubic yard. Commissioner Orthwein moved that the Addendum to the Solid Waste and Recycling Collection Franchise Agreement be approved as presented and that the Mayor and Town Clerk be authorized to execute same. The motion was seconded by Commissioner Cross. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, and Mayor Koch; AYE 2. Franchise Agreement for Natural Gas -F1. Public Utilities This item was withdrawn from consideration at this meeting. 3. NPDES Interlocal Agreement W /North Palm Beach County Regular Meeting -Town Commission August 8, 1997 page 4 Improvement District. Finance Director Thrasher advised that this is actually just a renewal of an existing agreement wherein the Northern Palm Beach County Improvement District acted as the "Lead Agency" in obtaining the National Pollutant Discharge Elimination System Permits. He further advised that under the permit, there are many tasks to administer and monitoring requirements to be met. The costs involved in meeting these mandatory requirements will be much less if the Town joins in this proposed agreement, he said. Commissioner Cross moved and Commissioner Orthwein seconded that the NPDES Interlocal Agreement be approved and that the Mayor and Town Clerk be authorized to execute same. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE; and Mayor Koch; AYE. C. Amendments to Personnel Policv The Town Clerk called attention to amended page 7 of the Personnel Policy Handbook wherein employees who are regularly scheduled to work less than 30 hours per week are considered "part- time" employees as opposed to the current provision of 35 hours per week. She reminded that this was discussed at the Public Hearing establishing a Proposed Budget for 1997 -1998. Mayor Koch expressed some reservations about this amendment in that it will make possible the creation of another full time position. Kristin Garrison advised that 30 hours was a standard cut -off for part time employee status. The Town Clerk advised that it is important to have a full time employee in this position since the Department has become computerized. Commissioner Orthwein moved and Commissioner Cross seconded that the amendment be approved. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, and Mayor Koch; AYE. D. Resolution No. 97 -6; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, REQUESTING A PRO -RATA SHARE OF THE COUNTY EMERGENCY MEDICAL SERVICE SURCHARGE AWARD PROGRAM FUNDS FOR 1997 -98 FOR THE CITY OF DELRAY BEACH. Commissioner Orthwein moved for the adoption of Resolution No. 97 -6 and Commissioner Cross seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, and Mayor Koch; AYE. IX. Correspondence. A. Resolution R97 -110 urging the Florida Legislature to enact legislation to repeal the preemption language in the Florida Clean Indoor Air Act and return to local government the right to enact and enforce tobacco related ordinances. - Boynton Bch. B. Resolution R97 -20 requesting that the Insurance Commissioner Regular Meeting -Town Commission August 8, 1997 page 5 of the State of Florida review and amend policies and procedures for insurance coverage for residents of the State of Florida. - Village of Wellington The above correspondence was made a part of the official record after having been reviewed by the Town Clerk. X. Public. There was no comment from the public. XI. Adjournment, Mayor Koch adjourned the meeting at 9:30 A.M. on a motion to do so made by Commissioner Cross that was seconded by Commissioner Orthwein with all voting in the affirmative. 1P� I - Rita L. Taylor, To n Clerk NOTICE IS HEREBY GIVEN that the Town Commission of the Town of Gulf Stream, Florida, at a public hearing to be held on Friday, September 26, 1997, at 5:01 P.M., in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, will have on the agenda the adoption of the following: C' ORDINANCE NO. 97 -4; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE GENERAL FUND FINAL MILLAGE RATE FOR THE TOWN OF GULF STREAM FOR FISCAL YEAR COMMENCING ON OCTOBER 1, 1997 AND ENDING ON SEPTEMBER 30, 1998. ORDINANCE NO. 97 -5; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE GENERAL FUND BUDGET FOR THE TOWN OF GULF STREAM FOR THE FISCAL YEAR COMMENCING ON OCTOBER 1, 1997 AND ENDING ON SEPTEMBER 30, 1998. ORDINANCE NO. 97 -6; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE WATER FUND BUDGET FOR THE TOWN OF GULF STREAM FOR THE FISCAL YEAR COMMENCING ON OCTOBER 1, 1997 AND ENDING ON SEPTEMBER 30, 1998. The proposed ordinances noticed here are available to the public at the Town Hall, 100 Sea Road, Gulf Stream, Florida. ALL PERSONS INTERESTED IN THESE MATTERS may appear before the Town Commission at the time and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC HEARING, j SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, `J 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 Date: September 16, 1997 TOWN OF GULF STREAM, FLORIDA %°7 /- Rita L. 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