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HomeMy Public PortalAbout06/07/2001May 30, 2001 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 THURSDAY, JUNE 7,2001, 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 5 -11 -01 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting & Public Hearing 7 -13 -01 @ 9 A.M. 2. Regular Meeting & Public Hearing 8 -10 -01 @ 9 A.M. 3. Regular Meeting & Public Hearing 9 -14 -01 @ 9 A.M. 4. Regular Meeting & Public Hearing 10 -19 -01 @ 9 A.M. 5. Regular Meeting & Public Hearing 11 -9 -01 @ 9 A.M. 6. Regular Meeting & Public Hearing 12 -14 -01 @ 9 A.M. VII. Reports. A. Town Manager 1. Preliminary 2002 Budget Discussions 2. Removal of Strangler Fig Tree at Police Station O 3. Annual Hurricane Meeting Report 3. Annual AlA Tree Inspection 4. Construction Projects Update B. Town Attorney C. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 7 -26 -01 @ 8:30 A.M. b. Regular Meeting & Public Hearing 9 -27 -01 @ 8:30 A.M. c. Regular Meeting & Public Hearing 10 -25 -01 @ 8:30 A.M. d. Regular Meeting & Public Hearing 11 -15 -01 @ 8:30 A.M. e. Regular Meeting & Public Hearing 12 -20 -01 @ 8:30 A.M. D. Finance Director #. Financial Report for May 2001 2. Bi- monthly Water Report E. Police Chief 1. Activity for May 2001 VIII. Items for Commission Action. A. Ordinances 1. ORDINANCE NO. 01/2; An Ordinance of the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, amending Chapter 6 of the Town Code of Ordinances relating to animals, creating a new Section 6 -8, entitled number of domesticated household pets permitted on premises; providing for severability; providing for repeal of ordinances in conflict; providing for codification; providing an effective date. (2 "d reading & adoption) B. Withdrawal of Town Funds from ICMA Retirement Forfeiture Account, $46,208 Agenda Continued Page 2 C. Consideration of a Resolution or Ordinance relating to the Communication Tax Simplification Law D. Items by Mayor and Commissioners IX. Public. 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 O MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON THURSDAY, JUNE 7,2001, 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 was led by the Mayor. III. Roll Call. Present and William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice Mayor Fred Devitt III Commissioner Robert W. Hopkins II Commissioner William A. Lynch Commissioner Also Present and William Thrasher Town Manager Participating: John Randolph Town Attorney Rita Taylor Town Clerk Garrett Ward Police Chief Rene Mathews Town Engineer IV. Minutes of the Regular Meeting of 5 -11- moved approved as and Commissioner Hopkins sec circulated and all voted AYE. Commissioner Lynch at the minutes be V. Additions, withdrawals, deferrals, arrangement of agenda items. Town Manager Thrasher requested to present Item VII.A.S. as the first item in his report and Item VII.A.1. as the last item and there were no objections. VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting & Public Hearing 7 -13 -01 @ 9 A.M. 2. Regular Meeting & Public Hearing 8 -10 -01 @ 9 A.M. 3. Regular Meeting & Public Hearing 9 -14 -01 @ 9 A.M. 4. Regular Meeting & Public Hearing 10 -19 -01 @ 9 A.M. 5. Regular Meeting & Public Hearing 11 -9 -01 @ 9 A.M. 6. Regular Meeting & Public Hearing 12 -14 -01 @ 9 A.M. Mayor Koch called attention to these dates and there were no changes suggested. JVII. Reports. A. Town Manager 1. Construction Projects Update. The Town Manager reported that the Middle Road cul -de -sac project is moving along with the line boring underway and project completion is expected within 45 days. He further reported that Phase III of the South Town Drainage Project, in the vicinity of the Rogers property, is expected to commence the second or third week in June and residents that may be inconvenienced during this construction have been notified. Regular Meeting & Public Hearing Town Commission -June 7, 2001 Page 2 Mr. Thrasher explained that the Town has advertised for bids to construct the drainage structures for the Polo Drive /Old School Road project with said bids to be opened on June 25, 2001 at 3 P.M. He pointed out that it will be necessary to hold a Special Meeting to award the bid in order to expedite the project. It was unanimously agreed othat a Special Meeting would be held on June 26, 2001 at 3:30 P.M. in the Town Hall. The Town Manager advised there will be a pre -bid meeting held on June 12,2001. Mr. Thrasher reminded that there had been previous discussion regarding the possibility of the Town purchasing the two pumps needed for this project rather than having them included in the bid documents, due to the fact that it will be several months before they could be delivered, which would delay the project. He called attention to copies of the proposal for the purchase of the pumps and recommended that he be authorized to order them at this time in order to expedite the completion of this project. Rene Mathews, Town Engineer explained that maintenance contracts are available for servicing the pumps and the generator that will be purchased. She described the structure that will house the underground pumps and explained that the bid documents provide that once the work is started on the wet well, it must continue without disruption and be completed within 30 days since one side of the street will be closed during this construction. Mayor Koch asked if the concrete pit would be on piling since the soil condition is very poor in this area. Mrs. Mathews stated that borings have been taken and a structural engineer has approved a foundation other than piling. She assured that the entire project has been designed with the knowledge that 18- wheelers do travel the streets. Commissioner Lynch moved and Commissioner Orthwein seconded that the two pumps be ordered at this time with the Mayor, Town Manager and Town Clerk being authorized to execute the purchase order, and that the Town Manager be directed to obtain prices on maintenance agreements for the equipment.. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. Town Manager Thrasher advised that there are two options with regard to the purchase of a generator. One option is to purchase a generator that will handle only the pumps. The other option is to purchase one that is large enough to supply the Town Hall as well as the pumps and to place it east of the garage. It was agreed that the Town Hall Building could serve the police as a command center, in the event of a serious emergency, more efficiently than their building, in that there would most likely be additional manpower to house, etc. from other agencies. Mr. Thrasher and Mrs. Mathews advised that the bid documents have provided for both of these options and recommended that no decision be Regular Meeting & Public Hearing Town Commission -June 7, 2001 Page 3 made in this regard until the Special Meeting at which the bid will be awarded and a cost comparison made regarding the two options. Mayor Koch reminded that a new drainage easement must be obtained before anything is purchased or contracts are signed. OMr. Thrasher advised that is in process at this time. He explained that a 25' temporary construction easement will be obtained and after the pipe is in, a permanent easement will be recorded to cover the new location of the equipment. Attorney Randolph advised language would be included in the construction easement to assure that a permanent easement will be executed. 2. Removal of Strangler Fig Tree at Police Station The Town Manager explained that while this is a very attractive tree, berries drop, become crushed and are tracked into the police station, town hall entrance and police cars. In addition, the roots have damaged the driveway and are a potential problem for the septic system. He recommended that it be removed at an approximate cost of $1,500. Mr. Thrasher added that it would then be necessary to re- landscape this area. There was considerable discussion and all agreed that they would like to keep the tree but understood the problems with it. Commissioner Orthwein was concerned that if the tree was removed, there would not be adequate landscaping installed. Commissioner Lynch moved to authorize the removal of the tree and Commissioner Devitt seconded the motion. Roll Call: Comm. Orthwein; NAY, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. Mayor Koch then appointed Commissioner Orthwein to oversee the replacement of the landscaping, with the cost to be negotiated. A suggestion was made that the Civic Association might be willing to help with the re- landscaping and also that perhaps there are some trees in the hedge -row at Town Hall that could be moved to the police station. 3. Annual Hurricane Meeting Report The Town Manager reported that the meeting had been held with several in attendance and he questioned if Mayor Koch would like to speak to this. �1 Mayor Koch and Chief Ward advised that if I -95 and /or the turnpike experience a grid -lock condition, the vehicles will be directed off at the nearest exits and persons will be housed in any building available, regardless if it meets the requirements to be considered a shelter. They explained that the State feels the worse place to ride out a storm is in a vehicle. The Mayor stressed that those persons who plan to leave should do so promptly to avoid being caught in an evacuation of I- 95 or the turnpike. N Regular Meeting & Public Hearing Town Commission -June 7, 2001 Page 4 The Mayor explained that arrangements have been made for the Town records to be stored in a truck at Bethesda Hospital and a room provided there for the Gulf Stream police officers should the intensity of the storm be such that they must also leave the island. 4. Annual AlA Tree Inspection The Arborist, Way Hoyt, has made an annual inspection of the trees along AlA and the trimming will take place on July 24th and 25th. 5. Preliminary 2002 Budget Discussions Town Manager Thrasher advised that he would begin with items in the proposed budget that have the most impact, the first of which is the list of Capital Expenditures. He invited the Commissioners to add, delete or modify items, as they deemed appropriate. Mr. Thrasher called attention to the total that is proposed to be $285,519, and pointed out that $220,000 of the cost is in Maintenance of Roads and Streets. He briefly touched on each item and explained that these are all budgeted items, and the funds that are budgeted for any that are not completed in the 2001 -2002 fiscal year will be a part of the surplus at the end of the year. Mr. Thrasher then turned to the matter of salaries, remarking there are some things that the Town has very little control over such as the rising cost of insurance, unless it was determined not to provide insurance coverage for employees. He stated he had provided a 30% increase for insurance premiums. Mr. Thrasher also pointed out that there are step increases due the newer employees and salary adjustments covering promotions that impact the labor section of the proposed budget. The Town Manager advised that the employees who are not covered by step increases understand that there are no guaranteed increases such as cost of living increases, but that any increase would be performance based as determined by department heads with what is listed being the maximum. Mr. Thrasher further suggested that the bookkeeper work 35 hours weekly rather than the current 30 hours. He advised this would fit in better with the other office employees and was pleased to advise that she is working out very well. Mayor Koch and all of the Commissioners were pleased with the proposed salary plan. B. Town Attorney Attorney Randolph advised that his VIII.C. later on the agenda. C. Architectural Review & 1. Meeting Dates a. Regular Meeting b. Regular Meeting c. Regular Meeting d. Regular Meeting e. Regular Meeting report will be covered under Item Planning Board & Public Hearing 7 -26 -01 @ 8:30 A.M. & Public Hearing 9 -27 -01 @ 8:30 A.M. & Public Hearing 10 -25 -01 @ 8:30 A.M. & Public Hearing 11 -15 -01 @ 8:30 A.M. & Public Hearing 12 -20 -01 @ 8:30 A.M. c Regular Meeting & Public Hearing Town Commission -June 7, 2001 Page 5 Mayor Koch called attention to the above dates. C. Finance Director 1. Financial Report for May 2001 Mr. Thrasher reported that there is nothing unusual in the report and everything is as expected. He reminded that the expense involved with the pumping station will be taken from the unappropriated funds. Commissioner Lynch moved and Commissioner Hopkins report be approved as submitted and all voted AYE 3. Bi- monthly Water Report The water report was made a part of the official E. Police Chief 1. Activity for May 2001 seconded that the at Roll Call. record. Chief Ward advised he had nothing to add to the written report that was circulated. VIII. Items for Commission Action A. Ordinances 1. ORDINANCE NO. 01/2; An Ordinance of the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, amending Chapter 6 of the Town Code of Ordinances relating to animals, creating a new Section 6 -8, entitled number of domesticated household pets permitted on premises; providing for severability; providing for repeal of ordinances in conflict; providing for codification; providing an effective date. (2 "d reading & adoption) The Town Clerk read the Ordinance by title. Commissioner Lynch moved for adoption of the Ordinance and the motion was seconded by Commissioner Orthwein. There was no comment from the public. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. A. Withdrawal of Town Funds from ICMA Retirement Forfeiture Account, $46,208. Town Manager Thrasher advised that these were funds the Town had paid into the retirement for employees who had terminated prior to vesting. He asked that he be authorized to withdraw these and place them in the General Fund. Mr. Thrasher explained that the funds cannot be withdrawn all at one time but applied to current contributions. Commissioner Orthwein moved and Commissioner Lynch seconded that the Town Manager be authorized to removed the Town Funds that have accumulated in the ICMA Retirement Forfeiture Account. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. B. Consideration of a Resolution or Ordinance relating to the Communication Tax Simplification Law Attorney Randolph explained that the State has adopted a law whereby the fees that in the past have been paid to municipalities through phone and cable franchises and fees will now be paid directly to the State and distributed to the municipalities via a conversion factor based on revenues from those sources that were collected in 1999. He advised Regular Meeting & Public Hearing Town Commission -June 7, 2001 Page 6 that this is a very complicated law and it is unclear if the conversion factors that were used will generate the same amount of revenue that municipalities have been receiving. Mr. Randolph explained that municipalities have an option to adopt a Resolution increasing the rates above those established by the conversion factor if the adoption is completed by July 16, 2001. He closed by advising that the rate that is Oestablished by July 16, 2001 cannot be changed for 2 years and that he and Mr. Thrasher are working on a Resolution for Commission consideration. The Commission directed that the Resolution be a part of the agenda for the Special Meeting to be held on June 26, 2001. Attorney Randolph reported that he has been giving thought to the Ordinance he was directed to prepare in relation to the control of parties for the purpose of selling real estate. He advised that this may not be possible without an issue of discrimination. The Commission directed Mr. Randolph to discontinue work on such document. D. Items by Mayor and Commissioners Mayor Koch expressed concern regarding the installation of the wet well on Polo Drive. He explained that with the soil conditions in that area, the street will sink approximately 1" per year and the wet well will not sink, leaving a hump in the street. Mr. Thrasher believed periodic maintenance to the street will be necessary to offset the difference in elevation. IX. Public. There was no comment from the public. X. Adjournment. Mayor Koch adjourned the meeting at 10:30 A.M. 7/a Rita L. Taylor, own Clerk NOTICE OF ABANDONMENT NOTICE IS HEREBY GIVEN that the Town Commission of the Town of Gulf Stream Florida, at a Public Hearing held on Friday, May 11, 2001 at 9:00 A.M., in the Town Hall, 100 Sea Road, Gulf Stream, Florida, adopted the following: RESOLUTION NO. 01 -3; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, VACATING AND ABANDONING A PORTION OF THE RIGHT -OF -WAY COMMONLY KNOWN AS MIDDLE ROAD AS SHOWN ON THE PLAT OF GULF STREAM COVE, AS RECORDED IN PLAT BOOK 24, PAGE 185, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND DEDICATING AN ALTERNATE RIGHT -OF -WAY. ADOPTED RESOLUTION NO. 01 -3 NOTICED HEREIN is on file and available to the public at the office of the Town Clerk in Town Hall, 100 Sea Road, Gulf Stream, Florida 33483. Publish: Palm Beach Post TOWN OF GULF STREAM, FL. Date: June 15, 2001 z /, I, Rita L. Taylor, Town C erk +u br < 3 °Fri A a z an r zr n �Z rn o n � � 3 ro Ik a^ ro � o a W cr 0 0 d e C G. a O 0 N r d o. o w a N o > .9 .2 w H ^ror OO p O no p. a m p g'wic�" g roa ❑.n w G 4J+ w m � �x acy °.gmv x w o m a �`Cro::o C E' T N y y 0 o E�td n:cc m gry m n n. OOw �•� y N %pyO •� b �. n `° °' � �o•'b � oa�,ayy 13' "row ro`�yc Utz q w w rn 1 0 o f°�� o a Cw Cl •°%w o aN c g• a� ;: o Pp p "O�' N n •. M G. 0990c�� °-O P3ec3:o ma a man° _ z b w �ro O O m w d x On O w