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
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