HomeMy Public PortalAbout06/26/2001 * Special MeetingN
MAYOR: William F. Koch, Jr.
VICE MAYOR: Joan K. Orthwein
COMMISSIONER: Fred B. Devitt, III
Robert W. Hopkins II
William A. Lynch
SPECIAL MEETING BEING HELD BY THE TOWN COMMISSION OF THE
STREAM ON, JUNE 26, 2001 AT 3:30 P.M., IN THE COMMISSION
TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
AGENDA
I. Call to Order.
June 21, 2001
TOWN OF GULF
CHAMBERS OF THE
II. Pledge of Allegiance.
III. Roll Call.
IV. Bid Award for Polo Drive /Old School Road Drainage Project.
V. Resolutions.
A. No. 001 -6; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, PALM BEACH COUNTY, FLORIDA, RELATING TO
REQUIRING AND COLLECTING PERMIT FEES FROM PROVIDERS OF
COMMUNICATIONS SERVICES AND INCREASING THE LOCAL
COMMUNICATIONS SERVICES TAX; PROVIDING FOR INTENT; PROVIDING
FOR ELECTION NOT TO REQUIRE AND COLLECT PERMIT FEES;
PROVIDING FOR ELECTION TO INCREASE LOCAL COMMUNICATIONS
SERVICES TAX; PROVIDING FOR NOTICE TO THE DEPARTMENT OF
REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
B. No. 001 -7; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, PALM BEACH COUNTY, FLORIDA RELATING TO
INCREASING THE LOCAL COMMUNICATIONS SERVICES TAX RATE;
PROVIDING FOR INTENT; PROVIDING FOR INCREASED LOCAL
COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR NOTICE TO THE
DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING
AN EFFECTIVE DATE.
VI. 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 SPECIAL MEETING HELD BY THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM ON, JUNE 26, 2001 AT 3:30 P.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 3:30
P.M.
II. Pledge of Allegiance. The Mayor led the Pledge of Allegiance.
OIII. Roll Call.
Present and William F. Koch,
Participating: Joan K. Orthwein
Fred Devitt III
Robert W. Hopkins
William A. Lynch
Also Present and William Thrasher
Participating: John Randolph
Rita Taylor
Rene Mathews
Jr. Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner (phone)
Town Manager
Town Attorney
Town Clerk
Town Engineer
IV. Bid Award for Polo Drive /Old School Road Drainaoe Proiect.
Rene Mathews, Town Engineer for this project reported that only
one bid had been received for this project which was from Marine
Engineering Contractors, Inc. in the amount of $699,995. She advised she
could not recommend that it be accepted in that it is much too high.
Mrs. Mathews further advised that 8 contracting firms had picked up bid
documents and she was surprised that only one was submitted. Upon
having contacted some of them, she stated that most were too busy to be
able to adhere to the time constraints for the project. However, there
were two who have agreed to prepare a submission for delivery on June
29, 2001 for negotiation.
Commissioner Orthwein moved and Commissioner Hopkins seconded that the
bid submitted by Marine Engineering Contractors, Inc. in the amount of
$699,995 be rejected. Roll Call: Comm. Orthwein; AYE, Comm. Devitt;
AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE and Mayor Koch; AYE.
Mayor Koch advised that he had contacted J & M Pipeline, a contractor
that had done other work in the Town but had not submitted a bid for
this one, and was told that they would prepare a proposal.
Attorney Randolph advised that since this project had been properly
advertised for bid and the one bid received has been rejected, it is
legal to negotiate a contract. He further advised that Marine
Engineering Contractors, Inc. may also enter into negotiations if they
so desire.
Mrs. Mathews stated she would indeed advise Marine Engineering
Contractors that they are welcome to resubmit.
Town Commission
Special Meeting -June 26, 2001
page 2
The Commissioners directed that a Special Meeting be held on Tuesday,
July 3, 2001 at 8:00 A.M. for the purpose of considering other proposals
for this project.
V. Resolutions.
Attorney Randolph explained that the following Resolutions are a
result of the adoption of the Communications Services Tax Simplification
O
Law during the last legislative session. He advised that municipalities
will no longer be able to collect franchise fees as of October 1, 2001
from any telecommunication companies as the law provides that fees will
be paid directly to the State based on a formula using a conversion
factor designed to produce the same amount of revenue to each
municipality as each received in 1999. These revenues would then be
passed back to the municipalities by the State.
Mr. Randolph further explained that the legislation also provides that
municipalities have an option to not collect permit fees from the tele-
communications companies, but they would have to reduce their conversion
rate by .12 %. He explained that the first Resolution states that the
Town will not be collecting permit fees and will be increasing the tax
based on the established conversion rate. The second Resolution takes
advantage of another provision in the law that permits municipalities to
increase the Local Communications Services Tax Rate up to the maximum
rate allowed that has a conversion tax rate below the maximum of 5 %.
Mr. Randolph pointed out that this tax will be shown on the bills the
residents receive and the rate will be in effect for 2 years, after
which it can be changed.
A. No. 001 -6; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, PALM BEACH COUNTY, FLORIDA, RELATING TO
REQUIRING AND COLLECTING PERMIT FEES FROM PROVIDERS OF
COMMUNICATIONS SERVICES AND INCREASING THE LOCAL
COMMUNICATIONS SERVICES TAX; PROVIDING FOR INTENT; PROVIDING
FOR ELECTION NOT TO REQUIRE AND COLLECT PERMIT FEES;
PROVIDING FOR ELECTION TO INCREASE LOCAL COMMUNICATIONS
SERVICES TAX; PROVIDING FOR NOTICE TO THE DEPARTMENT OF
REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
The Town Clerk read the Resolution by title after which Commissioner
Orthwein moved for the adoption of Resolution No. 001 -6 and Commissioner
Lynch seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm.
Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE.
B. No. 001 -7; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, PALM BEACH COUNTY, FLORIDA RELATING TO
INCREASING THE LOCAL COMMUNICATIONS SERVICES TAX RATE;
PROVIDING FOR INTENT; PROVIDING FOR INCREASED LOCAL
COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR NOTICE TO THE
DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING
AN EFFECTIVE DATE.
Town Commission
Special Meeting -June 26, 2001
1.
page 3
Town Clerk Taylor read Resolution No. 001 -7 by title only. The adoption
of Resolution No. 001 -7 was moved by Commissioner Orthwein and seconded
by Commissioner Lynch. Roll Call: Comm. Orthwein; AYE, Comm. Devitt;
AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE.
Q VI. Adjournment.
Mayor Koch adjourned the meeting at 4:04 P.M.
7/' - f�9 � �:h—'
Rita L. Taylor, T n Clerk
June 29, 2001
MAYOR: William F. Koch, Jr.
VICE MAYOR: Joan K. Orthwein
COMMISSIONER: Fred B. Devitt, III
Robert W. Hopkins II
William A. Lynch
D SPECIAL MEETING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM ON, JULY 3, 2001 AT 8:00 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. Bid Award for Polo Drive /Old School Road Drainage Project.
V. 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 SPECIAL MEETING HELD BY THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM ON, JULY 3, 2001 AT 8:00 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
8 A.M.
II. Pledge of Allegiance. The Pledge was
dispensed with.
III. Roll Call.
/1 Present and
William F. Koch, Jr.
Mayor
�) Participating:
Joan K. Orthwein
Vice Mayor
Fred Devitt III
Commissioner
Robert W. Hopkins II
Commissioner
(phone)
William A. Lynch
Commissioner
(phone)
Also Present and
William Thrasher
Town Manager
Participating:
Rita Taylor
Town Clerk
Rene Mathews
Town Engineer
IV. Bid Award for Polo Drive /Old School Road Drainage Project.
Mrs. Math
BIDDER
TLC Diversified
Chaz Equip. Co.
Trio Development
Marine Engineers
aws presented the four bids as
LUMP SUM PRICE ALTERNATE #1
$398,492.00 $25,000.00
$415,387.00 $35,000.00
$545,720.00 $26,400.00
$659,995.00 $88,000.00
follows:
SCHEDULE
150 calendar da.
135 -150 calendar da.
135 calendar da.
180 calendar da.
Mrs. Mathews stated she is recommending the award go to the low bidder,
TLC Diversified. She advised that this company, recognizing there will
be some disruption of traffic in this area, believe they will be able to
finish the area of construction in Crocker's yard along the driveway the
third or fourth week in August, with the remainder of the project along
the street completed in 30 days after that, give or take a week. She
pointed out that this parallels the time frame established for the
project.
Mayor Koch asked if everything is in order with South Florida Water
Management and was advised that the permit is in hand and the Town has a
green light to move forward. Mayor Koch further asked what the engineer
had estimated the cost of this project to be.
Mrs. Mathews replied that they had estimated, at the 100% point, the
project cost would be $400,000 which did not include the cost of the
Alternate or the engineering fees.
Town Manager Thrasher advised that the total cost of the project will be
$505,937 which includes TLC Diversified bid, the pumps which have been
ordered and the engineering fees and inspections. He further advised
that the project will involve two fiscal years with an estimated amount
of $225,000 being taken from this fiscal year and $175,000 from
2001/2002 for a total of $400,000. He reminded that the Commission had
determined at a meeting some time ago that funds for this project would
be taken from the unappropriated funds and not be included as a line
item in the budget. Mr. Thrasher stated that the additional funds
Town Commission - Special Meeting
July 3, 2001 page 2
needed to complete the project would be derived from unused contingency
funds and drainage projects that were budgeted for, i.e. Elsie's Pond
etc. The Town Manager called attention to a projection of estimated
fund balance through 2006 which indicated the balance would reduce to an
estimated low of $349,646 in 2003, and then would increase to an
estimated $457,015 in 2006, provided the $50,000 contingency funds were
not spent during this time and would become a part of the fund balance.
Commissioner Hopkins asked Mr. Thrasher if he would agree that there
could possibly be an over -run in this project of 10% to 15% to which Mr.
Thrasher stated he did agree this is possible, as it is with most
projects.
Mrs. Mathews advised that they had provided in the bid documents that an
additional $10,000 be included in the bid to cover unexpected expense,
which would be returned at the end of the project if it was not used.
Commissioner Lynch asked for clarification as to what is included in
Alternate #1. He was advised that this provides for upgrading the size
of the generator to supply power to the Town Hall, which will be used as
a command post in time of disaster, and for the electrical work that is
needed to connect the Town Hall to the generator.
Commissioner Lynch moved and Commissioner Orthwein seconded that the bid
be awarded to TLC Diversified, the low bidder, in the amount as stated
above. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch;
AYE, Comm. Hopkins; AYE and Mayor Koch; AYE.
V. Adjournment. Mayor Koch adjourned the meeting at 8:20 A.M.
Rita L. Taylor, T n Clerk
J
July 6, 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 FRIDAY, JULY 13, 2001 AT 9:00 A.M., IN THE
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
nr_cninn
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes.
A. Regular Meeting & Public Hearing of June 7, 2001
B. Special Meeting of June 26, 2001
C. Special Meeting of July 3, 2001
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Mee
1. Regular
2. Regular
3. Regular
4. Regular
5. Regular
tings and Public
Meeting & Public
Meeting & Public
Meeting & Public
Meeting & Public
Meeting & Public
VII. Reports.
A. Town Manager
B. Architectural Reiri—
1. Meeting Da*
a. No me
b. No
c. Re
d. '
e.
C. Fina-
1
D. P
VIII.
Hearings
Hearing
Hearing
Hearing
Hearing
Hearing
8 -10 -01 @ 9 A.M.
9 -14 -01 @ 9 A.M.
10 -19 -01 @ 9 A.M.
11 -9 -01 @ 9 A.M.
12 -14 -01 @ 9 A.M.
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, JULY 13, 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 Mayor led the Pledge of Allegiance.
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 (Phone)
Commissioner
Also Present and
William Thrasher
Town Manager
Participating:
John Randolph
Town Attorney
Rita Taylor
Town Clerk
Garrett Ward
Police Chief
IV. Minutes.
A. Regular Meeting & Public Hearing of June 7, 2001
B. Special Meeting of June 26, 2001
C. Special Meeting of July 3, 2001
Commissioner Devitt moved and Commissioner Lynch seconded that the
Minutes of the meetings of June 7, 2001, June 26, 2001 and July 3, 2001
be approved as circulated and all voted AYE.
V.
Owl
Mayor
re were no cnanges
rrangement of agenda items.
requested.
Announcements.
A. Regular Meetings and Public Hearings
1. Regular Meeting & Public Hearing
2. Regular Meeting & Public Hearing
3. Regular Meeting & Public Hearing
4. Regular Meeting & Public Hearing
5. Regular Meeting & Public Hearing
Koch called attention to the above dates
8 -10 -01 @ 9 A.M.
9 -14 -01 @ 9 A.M.
10 -19 -01 @ 9 A.M.
11 -9 -01 @ 9 A.M.
12 -14 -01 @ 9 A.M.
and there was no comment.
VII. Reports.
A. Town Manager
Town Manager Thrasher reported that the contractor, TLC Diversified,
JInc. has made application for the electrical permit for the pumping
station on Polo Drive and that a pre- construction meeting is being held
this morning in the office of the engineer. Mr. Thrasher further
reported that he expects work on the project to commence either July 17th
or July 23, 2001.
Town Commission
Regular Meeting -July 13, 2001
Page 2
The Town Manager advised that on June 28, 2001, the contractor for FP &L
broke a water line at 2:20 P.M. He further advised that a boil water
notice had been delivered to the 35 residents affected and the repair
completed by 5:30 P.M., with the first test of the water being done at 6
P.M. He was pleased to report that all Town employees joined together
to accomplish this in such a short time and he was pleased there was
such a cooperative relationship.
Mayor Koch commented that the situation was handled very well and he
complimented Mr. Thrasher.
In closing, the Town Manager advised that Critter Control will continue
with the removal of feral cats through July and that Chief Ward will be
addressing this issue in his report.
B. Architectural Review & Planning Board
1. Meeting Dates
a. No meeting in July 2001
b. No meeting in August 2001
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.
The above meeting dates were made a part of the Official Record.
C. Finance Director
1. Financial Report for June 2001
Mr. Thrasher advised that nearly 100% of budgeted revenues for 2000 -2001
has been collected and that the expenditures are in line with less than
75% of budgeted expenditures having been expended. He pointed out that
a check has been written to Bell South for some of the work on Middle
Road.
Commissioner Lynch moved and Commissioner Devitt seconded that the
report be approved as presented. All voted AYE at Roll Call.
D. Police Chief
1. Activity for June 2001
Chief Ward presented his report and added that a citation had been
issued earlier in the week to the person who has been feeding the feral
cats. He explained that the Gulf Stream Police Department will be
enforcing the County Animal Ordinances and using the County Citations,
as there is an established fine schedule and the violations are not
Jcriminal under these Ordinances.
The Chief closed his report by advising that the Uniform Crime Report
covering January through June has been completed and he was pleased with
the low crime rate. He advised there were no burglaries and 6 arrests
had been made that were in connection with the 11 crimes for this
period.
VIII. Items for Commission Action.
A. Budget Presentation 2001 -2002
Town Manager Thrasher advised that there have been only a few changes in
the Proposed Budget since the preliminary review. He stated that the
Town Commission
Regular Meeting -July 13, 2001
Page 3
net change in revenues amounted to only $15,125, which he added to the
contingency account. Property Tax revenue increased $13,727, payment in
lieu of taxes increased $12,000 (from Gulf Stream School) and interest
earnings decreased by $10,000. The Town Manager pointed out that the
Proposed Budget for 2001 -2002 is $1,785,799, the Proposed Millage is
O$3.7853 per $1,000 of appraised value and the Rolled Back Rate is
$3.4407 per $1,000 of appraised value.
1. Budget Consideration
All 5 Commissioners were pleased with the Proposed Budget and Millage
Rate and agreed that with all of the drainage improvements underway, it
would not be possible to reduce the millage to Roll Back. It was
pointed out that the Proposed Millage is the same as in the last two
budgets.
Commissioner Lynch moved and Commissioner Orthwein seconded approval of
the Proposed Budget as presented. Roll Call: Comm. Orthwein; AYE, Comm.
Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE.
2. Proposed Millage for 2001 -2002
Commissioner Orthwein moved that the Proposed Millage be 3.7853 mills
and Commissioner Lynch seconded the motion. Roll Call: Comm. Orthwein;
AYE., Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor
Koch; AYE.
3. Certification of Rolled Back Millage Rate
Commissioner Lynch moved to certify the Rolled Back Rate at 3.4407 mills
and Commissioner Orthwein seconded the motion. Roll Call: Comm.
Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE,
and Mayor Koch; AYE.
4. Date of First Public Hearing Toward Budget Adoption
Commissioner Orthwein moved and Comm. Devitt seconded that the first
public hearing be held on Friday, September 14, 2001 at 5:01 P.M. with
the Regular Meeting to be held the same date at 4 P.M. Roll Call: Comm.
Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE,
and Mayor Koch; AYE.
5. Date of Second Public Hearing for Final Budget Adoption
Commissioner Devitt moved and Commissioner Orthwein seconded that the
second public hearing for Budget Adoption be held on Monday, September
24, 2001 at 5:01 P.M. Roll Call: Comm. Orthwein; AYE, Comm. Devitt;
AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE.
B. Items by Mayor and Commissioners.
Mayor Koch questioned if any decision has been made on the street lights
for Middle Road. Mr. Thrasher stated no decision had been made but
there are only 3 choices. The Commissioners agreed that the 2 street
lights should be the standard fixtures on an arm that is attached to a
concrete post. It was pointed out that as older poles are replaced, they
should be replaced with concrete poles, and any street lights that are
changed or added should be of the same style as those to be placed on
Middle Road. Commissioner Lynch confirmed that this is the same style
that is in place in Place Au Soleil.
N
D
Town Commission
Regular Meeting -July 13, 2001
IX. Public. There was no comment from the public.
X. Adjournment. Mayor Koch adjourned the meeting
a motion to do so that was made by Commissioner
seconded by Commissioner Devitt with all voting in the
?/� A Z (-7-4e
Rita L. Taylor, own Clerk
Page 4
at 9:40 A.M. on
Orthwein and
affirmative.