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Home My Public Portal About02/05/1999January 29, 1999 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Fred B. Devitt III Robert W. Hopkins II William A. Lynch REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, FEBRUARY 5, 1999 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 January 8, 1999. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting Friday, March 12, 1999 at 11:00 A.M. 2. Certification of Election Meeting March 12, 1999 at Noon. 3. Regular Meeting Friday, April 9, 1999 at 9:00 A.M. 4. Regular Meeting Friday, May 15, 1999 at 9:00 A.M. VII. Reports. A. Town Manager 1. AlA Landscape Update B. Town Attorney C. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 2 -25 -99 at 8:30 A.M. b. Regular Meeting & Public Hearing 3 -25 -99 at 8:30 A.M. c. Regular Meeting & Public Hearing 4 -22 -99 at 8:30 A.M. D. Finance Director 1. Financial Report for January 1999 2. Bi- monthly Water Report O3. Year 2000 readiness E. Police Chief 1. Activity for January, 1999 VIII. Items for Commission Action. A. Construction Protection Measures Policy B. Resolution No. 99 -1; Establishing the Town of Gulf Stream Premium Only Plan, A "Cafeteria Plan "; Authorizing the Town Manager to Execute Plan Documents (reflects tax law changes) C. Items by Mayor and Commissioners. IX. Correspondence. A. Requesting a Resolution in support of a request for the State Legislature to enact new laws regulating pawnbrokers -Palm Beach County Commission C. Resolution No. 99 -5 supporting County Recreational & Cultural Facilities Projects Bond Referendum - Village of Royal Palm Bch. X. Public. XI. 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 FRIDAY, FEBRUARY 5, 1999 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 Fred B. Devitt III Commissioner Robert W. Hopkins II Commissioner William A. Lynch Commissioner Also Present and Kristin K. Garrison Town Manager Participating: John Randolph Town Attorney Rita L. Taylor Town Clerk William Thrasher Finance Director Robert Schultz Police Chief IV. Minutes of the Regular Meeting of January 8, 1999. Commissioner Devitt moved and Commissioner Lynch seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. The Town Clerk requested to add the following: Item IX.A.1., Resolution No. 98 -6 from the County Commission requesting support of a request for the Legislature to enact new laws regulating pawnbrokers; Item IX.D.1., Resolution 2, 1999 from Lake Park recommending county -wide regulation of adult entertainment establishments; and Item IX.D.2., Resolution 7 -99 from Lake Worth recommending county -wide regulation of adult entertainment establishments. There were no objections. VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting Friday, March 12, 1999 at 11:00 A.M. 2. Certification of Election Meeting March 12, 1999 at Noon. 3. Regular Meeting Friday, April 9, 1999 at 9:00 A.M. 4. Regular Meeting Friday, May 14, 1999 at 9:00 A.M. These dates were announced by Mayor Koch. VII. Reports. A. Town Manager 1. AlA Landscape Update Town Manager Garrison called attention to the revised drawing of the proposed landscape improvements in front of Jamaica Square, pointing out that the location of the dumpster has been reoriented so that the opening does not face the street, making it possible to install landscape screening. Mrs. Garrison advised that there will be 4 less IN Town Commission - Regular Meeting and Public Hearing February 5, 1999 page 2 parking spaces in the front, providing even more landscape area. The Town Manager then noted that the proposed budget of $7,996.80 is greater than the $5,000 that was approved and that Jamaica Square had agreed to provide the new hedge across the property and the dumpster enclosure, and to reseal the asphalt. She pointed out that there would be an additional charge of $690.00 to install pavers on the center walkway if the Commissioners desired to do so. The members of the Commission were pleased with the project but wanted to make certain that the work that Jamaica Square had agreed to be responsible for was done at the same time as the Town's work. Commissioner Hopkins moved and Commissioner Lynch seconded that the Jamaica Square project be approved as presented, including the pavers, for an estimated total of $8,689.20, with the work for which Jamaica Square is responsible to be done simultaneously. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, and Comm. Hopkins; AYE. B. Town Attorney There was no report from the Town Attorney. C. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public b. Regular Meeting & Public c. Regular Meeting & Public Mayor Koch called attention to these dates. D. Finance Director 1. Financial Report for January Mr. Thrasher reported that there is nothing Report and suggested approval as presented. Hearing 2 -25 -99 at 8:30 A.M. Hearing 3 -25 -99 at 8:30 A.M. Hearing 4 -22 -99 at 8:30 A.M. 1999 unusual in the Financial Mayor Koch asked if any part of the payment to the Credit Union came from Town funds and was advised that these amounts were withheld from the employees payroll and remitted to the Credit Union for deposit in the employees account with them. Mayor Koch also questioned the status of the repairs to the flapper valve on the storm drainage outfall and the Town Manager advised that the flapper had been repaired by a welding shop for $150.00. She further advised that the repair was so well done that the staff felt a replacement would not be necessary at this time. Commissioner Lynch moved and Commissioner Hopkins seconded that the Financial Report be approved as presented and all voted AYE at roll call. 2. Bi- monthly Water Report Commissioner Lynch, referring to the graph, noted that the water consumption for the year 1997/98 appears to be about the same as 1993/94 which would indicate consumption is again on the rise. Town Commission - Regular Meeting and Public Hearing February 5, 1999 page 3 Mr. Thrasher advised that the graph does seem to indicate this but when looking at the figures, 1997/98 is considerably less. He further advised that consumption is coming back into the area considered to be conservation compliant. 3. Year 2000 readiness Mr. Thrasher advised that the Town's hardware and software are Y2K compliant and that the City of Delray Beach, Palm Beach County, State of Florida, NationsBank and the State Board of Administration of Florida are not yet compliant but do have action plans in place. Mr. Thrasher further advised that he would prefer to allow other agencies to do the "roll forward" testing and monitor their progress. He felt an automatic test will take place on September 9, 1999 (9/9/99) as this number has been used as a "dummy" number for many computers. As a contingency plan, Mr. Thrasher offered that a manual system would be used for accounting and departmental record keeping. No changes are recommended to the present banking procedures as over one million dollars of Town funds are in SBA which he believed to be safe, based on the letter from SBA that he had distributed to the Commission. Upon being asked by the Commission, Mr. Thrasher advised the Town has spent approximately $15,000 to become compliant. E. Police Chief 1. Activity for January, 1999 The Police Activity Report was presented which also advised that Chief Schultz had attended the Florida Police Chiefs Winter Training Conference in Daytona Beach at which 8 hours of mandatory training credits were received. VIII. Items for Commission Action. A. Construction Protection Measures Policy Town Manager Garrison explained that with the help of Chief Schultz, a Construction Damage Prevention Policy has been prepared for consideration wherein Town residents who own property in the vicinity of an active construction site will be permitted to install white (or painted dark green) capped PVC pipes (maximum 2" diameter), 36" above grade along the front of their property, 2' from road's edge and approximately 9' apart, all of which to be removed immediately following the issuance of a Certificate of Occupancy for the construction site. As part of the site plan review process the project architect shall submit a "construction traffic management plan" to be followed by the contractor, which would be made a condition of approval. The plan would include designated parking locations for construction vehicles and include consideration of protective stakes along adjacent properties to be installed by the contractors prior to initiation of work. Other measures to reduce impact on local roads and residents property shall be included. The suggested policy was favorably received and Commissioner Lynch moved and Commissioner Orthwein seconded that the policy be adopted as presented. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. Town Commission - Regular Meeting and Public Hearing February 5, 1999 page 4 B. Resolution No. 99 -1; Establishing the Town of Gulf Stream Premium Only Plan, A "Cafeteria Plan "; Authorizing the Town Manager to Execute Plan Documents (reflects tax law changes) The Town Clerk read the Resolution No. 99 -1 by title after which Commissioner Lynch moved and Commissioner Hopkins seconded that the Resolution be adopted. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. C. Items by Mayor and Commissioners. There were no items by the Mayor or Commissioners. IX. Correspondence. A. Requesting a Resolution in support of a request for the State Legislature to enact new laws regulating pawnbrokers -Palm Beach County Commission. 1. Resolution No.98 -6 supporting proposed legislation related to pawnbrokers and amending Sections 539.001(15) and (20), Florida Statutes which would require pawnbrokers to convey misappropriated goods to a valid claimant upon proof of ownership and allow pawnbrokers to recover their costs from the customer conveying the misappropriated goods. - Palm Beach County League of Cities Commissioner Lynch moved and Commissioner Orthwein seconded that the Town Clerk be directed to prepare a similar resolution supporting this legislation for consideration at the March meeting. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. B. Resolution No. 99 -5 supporting County Recreational & Cultural Facilities Projects Bond Referendum - Village of Royal Palm Beach. Mayor Koch voiced a concern that the public takes proposed bond issues too lightly, not realizing how many years in the future they will be paying for them and how many additional tax dollars will be spent over the years to administrate the programs the bond issues will fund. He believed the Commission should address this matter. Commissioner Hopkins was in agreement with this and moved that the Mayor and Attorney Randolph prepare a letter to the Palm Beach County Commission over the Mayor's signature seriously questioning the bond issue on the referendum for the purchase of agricultural land. 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 �1 D. Recommending County -wide regulation of adult entertainment establishments. 1. Resolution No. 3 -1999 from Town of Lake Park 2. Resolution No. 7 -99 from City of Lake Worth Commissioner Lynch moved and Commissioner Orthwein seconded that the Town Clerk be directed to prepare a similar resolution recommending countywide regulation of adult entertainment establishments for consideration at the March meeting. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. Town Commission- Regular Meeting and Public Hearing February 5, 1999 page 5 X. Public. There was no comment from the public. XI. Adjournment. Mayor Koch adjourned the meeting at 9:55 A.M. on a motion to do so made by Commissioner Lynch that was seconded by Commissioner Devitt with all voting in the affirmative. Rita L. Taylor, Town Clerk