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HomeMy Public PortalAbout07/21/1998O MAYOR: VICE MAYOR: COMMISSIONER: William F. Koch, Jr. Joan K. Orthwein Fred B. Devitt III Robert W. Hopkins II William A. Lynch July 14, 1998 REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON TUESDAY, JULY 21, 1998 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 of the Regular Meeting OF June 12, 1998. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. August 14, 1998, Friday at 9 :00 A.M. 2. September Regular Meeting to be decided. 3. Two Budget Public Hearings in September to be decided. 4. October 9, 1998, Friday at 9:00 A.M. 5. November 13, 1998, Friday at 9:00 A.M. 6. December 11, 1998, Friday at 9:00 A.M. Q VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by William Wietsma Co., Inc., the owner of the property located at 2930 Gulf Stream Road, Gulf Stream, Florida, which is legally described as Lot 17, Gulf Stream Properties Subdivision. a. A LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the demolition of the existing single family dwelling and screen enclosed pool deck, and the construction of a new two story single family dwelling consisting of 4,533 square feet, and a swimming pool. VIII. Reports. A. Town Manager 1. F.P.& L. Utility Lines - Engineering Costs 2. AlA Landscape Project Update 3. B.F.I. Collection Schedule B. Town Attorney C. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 7 -23 -98 at 8:30 A.M. b. There shall be no meeting held in August 1998. c. Regular Meeting & Public Hearing 9 -24 -98 at 8:30 A.M. d. Regular Meeting & Public Hearing 10 -22 -98 at 8:30 A.M. EN 0 �• ui I D. Finance Director 1. Financial Report for June 1998 2. Status of preparations for "Year 2000" (software) E. Police Chief 1. Activity for June 1998 F. Construction in Progress as of June 30, 1998 IX. Items for Commission Action. A. BUDGET PRESENTATION (1998 -1999) 1. Budget Consideration 2. Proposed Millage Rate for 1998 -1999 3. Certification of Rolled Back Rate 4. Date of 1st Public Hearing toward budget adoption 5. Date of 2nd Public Hearing for budget adoption B. Items by Mayor and Commissioners. X. Correspondence. A. Resolution No. 98 -15 supporting passage of "Homeowners, Protection Act" that will help relieve the premium increase and further stabilize the insurance market -Lake Clarke Shores 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 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON TUESDAY, JULY 21, 1998 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. O II III 0 Call to order. The meeting was called to order by Mayor Koch at 9:00 A.M. Pledge of Allegiance. Mayor Koch led the Pledge of Allegiance. Roll Call. Present and William F. Koch, Jr. Participating: Joan K. Orthwein Fred B. Devitt III Robert W. Hopkins II William A. Lynch Also Present and Kristin K. Garrison Participating: Rita Taylor William Thrasher Robert Schultz Bill Redman William Wietsma Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Town Clerk Finance Director Police Chief B.F.I. Representative Applicant /Agent IV. Minutes of the Regular Meeting Of June 12. 1998. Commissioner Lynch moved and Commissioner Hopkins seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals. deferrals, arrangement of agenda items. Mayor Koch asked that Item VIII.A.3., B.F.I. Collection Schedule, be heard next as the representatives from B.F.I. are present. There were no objections to this change. Town Manager Garrison reported that B.F.I. has requested a change in service days for residents on the east side of the Intracoastal Waterway that will streamline their operations. She advised that garbage pickup would change from Tuesday to Wednesday and vegetation would be collected on Wednesday rather than the current Thursday. In exchange for the Town's cooperation, B.F.I. has agreed to no CPI increase for the next year and a commitment that there will also be no CPI increase for the following year. In addition they will compensate the town $460.00 for the cost of sending 2 notices to 550 households and $1,000.00 for the reprinting and mailing of the Resident Handbook, she said. Mr. William Redman, representing B.F.I., advised that this is agreeable with B.F.I. and explained that he has the authority to waive the CPI increase one year at a time. He confirmed that it will be waived for Regular Meeting & Public Hearing Town Commission -July 21, 1998 page 2 next year and that in two to three months he will be sending a letter advising that there will be no CPI increase in the following year. Commissioner Orthwein moved to approve the change in service days as requested by B.F.I. with the conditions that; 1) There be no CPI increase for the next two years. 2) B.F.I. compensates the Town $460 for the cost of sending 2 notices to 550 households. 3) B.F.I. Ocompensates the Town $1,000 for reprinting and mailing of the Town's Resident Handbook. The motion was seconded by Commissioner Hopkins. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. VI. Announcements, A. Regular Meetings and Public Hearings 1. August 14, 1998, Friday at 9:00 A.M. Commissioners Devitt, Lynch and Orthwein announced a scheduling conflict with this date. It was unanimously agreed to change the meeting to Tuesday, August 11, 1998 at 9:00 A.M. which would enable Commissioners Devitt and Orthwein to attend, making a quorum. 2. September Regular Meeting to be decided. The members of the Commission agreed that the September Regular Meeting would be held on Thursday, September 10, 1998 at 4:00 P.M. 3. Two Budget Public Hearings in September to be decided. In order to schedule the Public Hearings so as not to conflict with those being held by the School Board and Palm Beach County, the Town Manager suggested that the first hearing be held on Thursday, September 10, 1998 at 5:01 P.M. and the second hearing held on Tuesday, September 22, 1998 at 5:01 P.M. The Commissioners were in agreement with these dates. Commissioner Lynch advised that he would be unable to attend the second hearing but would be in attendance for the first one. 4. October 9, 1998, Friday at 9:00 A.M. Inasmuch as Commissioner Lynch will not be returning to Florida until later in October, the Commissioners agreed to change the October meeting to Thursday, October 23, 1998 at 9:00 A.M. 5. November 13, 1998, Friday at 9:00 A.M. 6. December 11, 1998, Friday at 9:00 A.M. Mayor Koch announced the November and December meetings as listed above. VII. PUBLIC HEARING. A. Applications for Development Approval Following the oath, administered by the Town Clerk to Mr. Wietsma, the Commissioners advised that they had had no ex -parte communications regarding the Wietsma application. 1. An application submitted by William Wietsma Co., Inc., the owner of the property located at 2930 Gulf Stream Road, Gulf Stream, Florida, which is legally described as Lot 17, Gulf Stream Properties Subdivision. Regular Meeting & Public Hearing Town Commission -July 21, 1998 page 3 a. A LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the demolition of the existing single family dwelling and screen enclosed pool deck, and the construction of a new two story single family dwelling consisting of 4,533 square feet, and a swimming pool. Mr. Wietsma displayed a color rendering of the proposed structure advising that this is a partial second story dwelling that contains Qapproximately the same amount of square footage as the existing full two story dwelling that will be demolished. He further advised that the existing pool that is in the front yard will also be demolished and a new pool installed in the rear yard. He acknowledged that this home is being built on speculation but is of a design that is preferred in this area. Commissioner Devitt noted that the square footage is very near the maximum FAR allowed and Mr. Wietsma stated it is 5' under the maximum. Town Manager Garrison advised that the proposed home appears to be consistent with applicable sections and the intent of the design manual, with the design incorporating numerous preferred features of the Bermuda style. She stated that the ARPB recommended approval and that staff is also recommending approval with the conditions that the septic system be approved by the Palm Beach County Health Unit and that a five foot high pool barrier that complies with the Palm Beach County pool barrier regulations be provided prior to issuance of a certificate of occupancy, with all chain link fencing being completely concealed by plant material. Commissioner Lynch moved and Commissioner Hopkins seconded that, based on a finding that the proposed home is consistent with applicable review standards, the Level III Architectural /Site Plan Review be approved with the following conditions: 1) The septic system must be approved by the Palm Beach County Health Unit. 2) A 5' high pool barrier which complies with the Palm Beach County pool barrier regulations shall be provided prior to issuance of a certificate of occupancy with all chain link fencing being completely concealed by plant material. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. VIII. A. Town Manager 1. F.P.& L. Utility Lines - Engineering Costs Town Manager Garrison reported that she had contacted FP &L regarding the cost of burying the overhead utility lines and had been advised that it would be necessary that the Town place a deposit of $16,000 with FP &L which would cover a portion of the engineering costs and additional funds would likely be required at a later date. She further reported Regular Meeting & Public Hearing Town Commission -July 21, 1998 page 4 that FP &L suggested that the Town define a certain portion of the Town for the initial project rather than the entire Town. Mrs. Garrison further suggested that perhaps it would be advisable to wait until the new plantings along AlA have grown a bit as the architect for the project had made every effort to soften the visual impact of the overhead lines with the landscape design and materials. The members of Qthe Commission were in agreement but wanted to carry on with exploring all possibilities and keep the proposed project alive. The Town Manager advised that the Florida League of Cities will be holding their conference in August in Miami and that there will be a presentation on "Grantsmanship ". She believed it would be beneficial for someone of the staff to attend to determine if there are any programs available to assist in funding this type of project. The Commissioners were in agreement with this suggestion and directed that FP &L be contacted in order to determine if they would prefer to have the overhead lines placed underground. In addition, Commissioner Hopkins asked that the Town Manager, in speaking with FP &L, ask if FP&L has a maintenance policy and, if so, what it is. 2. AlA Landscape Project Update The Town Manager reported that the project is on schedule, and perhaps a little ahead of schedule. She advised that it was not possible to move the Royal Palms in front of the Somerset as the root system was around the water line. Further, she stated that the trees were in the 10 foot clear zone that was established with DOT and the Town had agreed to remove the most serious encroachments currently existing in order to reduce the standard clear zone to 10 feet. She was concerned that leaving them in place could jeopardize the agreement with DOT and could represent a long -term risk to the water line. 3. B.F.I. Collection Schedule This item was considered earlier in the meeting. B. Town Attorney There was no report from the Town Attorney. C. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 7 -23 -98 at 8:30 A.M. b. There shall be no meeting held in August 1998. c. Regular Meeting & Public Hearing 9 -24 -98 at 8:30 A.M. d. Regular Meeting & Public Hearing 10 -22 -98 at 8:30 A.M. Mayor Koch called attention to the above dates. D. Finance Director 1. Financial Report for June 1998 There were no questions regarding this report and Commissioner Lynch moved that the report be approved as circulated with Commissioner Devitt Regular Meeting & Public Hearing Town Commission -July 21, 1998 page 5 seconding the motion. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. 2. Status of preparations for "Year 2000" (software) Mr. Thrasher advised that during the last audit, letters had been obtained from the various manufacturers of the software the Town is using stating that their product has provided for the year 2000. He Qfurther advised that the phone system will need no modification but that it will be necessary to update some of the hardware which will be provided for in either this budget or the next. Upon contacting the City of Delray Beach, Mr. Thrasher reported that their dispatching center and the CAD system are both compliant and the modifications needed for the voice recorder will be provided for in the next Delray Beach budget. With regard to the State of Florida, the Finance Director advised that a Task Force had been created to address this problem and 59g of the modification is expected to be completed by the end of this year with 100% compliance attained in 1999. In contacting Palm Beach County personnel, Mr. Thrasher had been able to determine that the Finance and Traffic Departments are in compliance but he had no confirmation in regard to any of the other departments. E. Police Chief 1. Activity for June 1996 Chief Schultz presented the Department's activity report for June 1998, adding that Officer Haseley attended a Domestic Violence Workshop at the West Palm Beach Sheriffs Office to obtain new regulations and procedures that were then imparted to the members of the Department. He further reported that a Town Hurricane Meeting was held at Town Hall on June 9, 1998 at which informational material and procedures were updated, and that Detective Sindone had attended the burglary intelligence meeting at the Sheriffs Office with the information then passed on to members of the Gulf Stream Police Department. F. Construction in Progress as of June 30, 1998 The Report revealed there to be $9,955,043 worth of construction in progress in the month of June 1998. J IX. Items for Commission Action, A. BUDGET PRESENTATION (1998 -1999) 1. Budget Consideration The Budget was presented in the amount of $1,445,687 which included a Fund Balance Contribution of $15,385. Mayor Koch called attention to a memo from Town Manager Garrison that had been prepared in answer to a number of questions posed by Commissioner Hopkins. He suggested that Commissioner Hopkins open the discussion. Regular Meeting & Public Hearing Town Commission -July 21, 1998 page 6 Commissioner Hopkins began by asking the Town Manager if she is supporting Scenario A which provides a 10% base wage increase with no merit bonus provisions. Mrs. Garrison replied that she is looking at this as a catch -up year for salaries as studies indicate that Gulf Stream salaries have slipped from the usual upper middle of the range as compared to other municipalities Oin the area to the lower range. She added that the increases do not have to be across - the -board but could be performance based. Upon being asked if she envisions the Commission being directly involved in the distribution, she replied that she believes a policy decision from the Commission would be appropriate to determine the nature of the increase, and whether it includes a merit provision. However, the Commission may wish to delegate some of the distribution decisions to the manager, as there is first hand knowledge of day -to -day performance. If so, the distribution would be determined following an evaluation by Chief Schultz and herself, she said. Mayor Koch did not believe the Gulf Stream salaries to be in the lower range as he felt the fringe benefits and character of the community tend to keep Gulf Stream in the middle range and remain competitive. Commissioner Hopkins asked if there is a feeling that Gulf Stream is not competitive in the market place to which Commissioner Lynch replied that the Chief has been unable to replace officers that have terminated. Mayor Koch stated that it is difficult to get officers to come to Gulf Stream as the work is monotonous. Chief Schultz confirmed that he is having difficulty hiring officers in that the Mayor is correct in stating the work is monotonous where the younger men are concerned. He added however, that the more mature and experienced officers look at salary and benefits when deciding to which departments they will apply. Commissioner Lynch stated that he felt the same as when this was first discussed, that the salaries are on the lower end of the range and he favored either the straight 10% increase or a 6% Base Increase with a 4% merit provision. Mayor Koch stated he might support a 6% base increase with a 2% merit provision, adding that he liked the merit provision. Commissioner Hopkins believed it is necessary to revisit the market place and be competitive, and would like for the Commission to reach a consensus as to whether the Town is competitive. Regular Meeting & Public Hearing Town Commission -July 21, 1998 page 7 Finance Director Thrasher pointed out that while the proposed increase is referred to as a 10% increase, it is actually 7% increase in staff costs when everything is taken into consideration and includes no merit pay. Mr. Thrasher added that he favors a CPI increase with merit increases as determined by the Town Manager to be added to the base pay. He pointed out that the previous merit bonus has not been added to the base which has caused the salaries to slip into the lower range. Commissioner Devitt suggested that the Commission decided first if there will be a straight increase or a merit plan. He stated he preferred a straight increase that would bring salaries into the upper middle range. Commissioner Lynch believed the merit increase is a good management tool but that this year, to catch -up, a straight increase would be better. Commissioner Hopkins favored a base increase for this year. Commissioner Orthwein believed a base increase is in order for this year that would place salaries in the upper middle range. Mayor Koch repeated that he likes a merit plan but would support a straight 7% for this year with special consideration being given to Mrs. Garrison, Mr. Thrasher and Chief Schultz. Commissioners Orthwein, Lynch and Devitt favored an 8% increase for all except the Town Manager, Finance Director and Chief of Police. Commissioner Lynch moved that an 816 base increase be extended to all employees except the Town Manager, Finance Director and Chief of Police. The motion was seconded by Commissioner Hopkins. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; NAY. Commissioner Orthwein moved that a base increase of 9t be provided for the Chief of Police and Commissioner Lynch seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. With regard to an increase for the Finance Director, Mayor Koch recommended a $7,000 base increase, Commissioner Hopkins believed it should be more and favored bringing the salary to $52,000 and Commissioner Lynch suggested that the salary be increased to $50,000. Commissioner Orthwein moved and Commissioner Devitt seconded the motion to increase the base salary of the Finance Director to $50,000.00. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. Regular Meeting & Public Hearing Town Commission -July 21, 1998 page 8 Mayor Koch favored a 3% increase for the Town Manager while Commissioner Lynch believed a 6% increase would more accurately reflect the special skills Mrs. Garrison has brought to the Town. Commissioner Orthwein moved that the Town Manager be granted a base salary increase of $3,000 and the motion was seconded by Commissioner Hopkins. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; NAY, Comm. Hopkins; AYE, and Mayor Koch; AYE. Town Manager Garrison asked if the Commissioners wanted to consider the Capital Items, pointing out that street repaving had not been included. She advised that an employee from the Palm Beach County Engineering Department had evaluated all of the public streets in Gulf Stream except AlA, which is maintained by DOT, and ranked each from 1 to 10 according to their condition with 10 being in the greatest need of repaving. Mrs. Garrison advised that the Town would not have to go to bid for this as municipalities may use the Palm Beach County paving bid. She further advised that it would not have to be done all at one time as there are minimums established and if these are met, the price per ton is the same no matter how much paving is done. Mr. Thrasher advised that it might be possible to do some paving this year from the unappropriated surplus as repaving was one of the items that was expected to be covered by the surplus that is accumulating. The Commission favored starting this project as soon as possible and Commissioner Orthwein moved, with Commissioner Lynch seconding, that Gulf Stream Road and Oleander Way be repaved in August 1998 if possible, with the funds for such to be taken from the unappropriated surplus. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. Mayor Koch noted that the streets are suffering additional wear and tear with the construction that is ongoing. He suggested that the Town Manager, with input from the Town Attorney, investigate the possibility of assessing some type of impact fees to help off -set the costs of road repair and resurfacing. 2. Proposed Millage Rate for 1998 -1999 Commissioner Lynch moved and Commissioner Devitt seconded that a proposed millage rate of 4.0424 per $1,000 of appraised value be established for fiscal year 1998 -1999. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. 3. Certification of Rolled Back Rate Commissioner Lynch moved that the Rolled Back Rate be certified at 4.0424 mills for fiscal year 1998 -1999 and the motion was seconded by Commissioner Orthwein. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. Regular Meeting & Public Hearing Town Commission -July 21, 1998 page 9 4. Date of 1st Public Hearing toward budget adoption Commissioner Lynch moved that the 1st Public Hearing for adoption of a Tentative Budget for fiscal year 1998 -1999 be held at 5:01 P.M. on Thursday, September 10th, 1998 in the Town Hall, which was seconded by Commissioner Orthwein. Roll Call: Comm. Orthwein; AYE. Comm. Devitt; O AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. 5. Date of 2nd Public Hearing for budget adoption Commissioner Lynch moved to schedule the 2nd Public Hearing for adoption of a final budget for fiscal year 1998 -1999 at 5:01 P.M. Tuesday, September 22nd, 1998 in the Town Hall. The motion was seconded by Commissioner Orthwein. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. B. Items by Mayor and Commissioners. There were no items by the Mayor and Commissioners. X. Correspondence, A. Resolution No. 98 -15 supporting passage of "Homeowners' Protection Act" that will help relieve the premium increase and further stabilize the insurance market -Lake Clarke Shores Commissioner Lynch moved and Commissioner Hopkins seconded that the staff be directed to prepare a similar resolution for consideration at the August 1998 meeting. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. XI. Public. There was no comment from the public. XII. Adjournment, Mayor Koch adjourned the meeting at 11:20 A.M. ita L. Taylor, aown Clerk 0