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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.