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HomeMy Public PortalAbout08/12/2005August 5, 2005 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, AUGUST 12, 2005 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 July 8, 2005. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. September 9, 2005 @ 4 P.M. 2. September 9, 2005 @ 5:01 P.M. (Tentative Budget Adoption) 3. September 21, 2005 @ 5:01 P.M. (Final Budget Adoption) 4. October 14, 2005 @ 9 A.M. 5. November to be determined 6. December 9, 2005 @ 9 A.M. VII. Reports. A. Town Manager 1. Preliminary Tentative Budget 2005 -2006 B. Architectural Review & Planning Board 1. Meeting Dates b. September 22, 2005 @ 8:30 A.M. c. October 27, 2005 @ 8:30 A.M. d. November to be decided d. December 22, 2005 C. Finance Director 1. Financial Report for 2005 2. Bi- monthly Water Usage 3. Unappropriated Funds Analysis D. Police Chief 1. Activity for July 2005 VIII. Items for Commission Action. A. Ordinance No. 05/2; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 66, ZONING, ARTICLE VIII, SUPPLEMENTARY DISTRICT REGULATIONS SECTION 66 -369, DOCKS, AT SUBPARAGRAPH (5), (6)(a) and (6)(e); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (second reading & adoption) B. Resolution 005 -07; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, DESIGNATING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE TOWN'S INCIDENT MANAGEMENT STANDARD FOR EMERGENCIES OCCURRING WITHIN THE TOWN. AGENDA CONTINUED Page 2 C. Proposal for preparation of Evaluation &Appraisal Report and subsequent Comprehensive Plan Amendment -Urban Design Studio. D. Designation of Voting Delegate -P.B. League of Cities E. 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 n MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, AUGUST 12, 2005 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 the Mayor. III. Roll Call. Present and William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice Mayor Fred B. Devitt III Commissioner Via Telephone William A. Lynch Commissioner Absent With Notice: Robert W. Hopkins II Commissioner Also Present and William Thrasher Town Manager Participating: Edward Allen Lieutenant John Randolph Town Attorney Rita Taylor Town Clerk IV. Minutes of the Regular Meeting of July 8, 2005. Commissioner Devitt moved and Commissioner Orthwein seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes requested. VI. Announcements. A. Regular Meetings and Public Hearings 1. September 9, 2005 @ 4 P.M. 2. September 9, 2005 @ 5:01 P.M. (Tentative Budget Adoption) 3. September 21, 2005 @ 5:01 P.M. (Final Budget Adoption) 4. October 14, 2005 @ 9 A.M. 5. November to be determined 6. December 9, 2005 @ 9 A.M. Mayor Koch announced these dates. VII. Reports. A. Town Manager 1. Preliminary Tentative Budget 2005 -2006 Town Manager Thrasher presented the Preliminary Tentative Budget for 2005 -2006. He reported that the millage rate of 3.25 mills remains the same as was proposed and the only major change is the reduction in labor calculation. Mayor Koch questioned the salary and merit increases, the increase in retirement benefits and the contract fees. The Town Manager is proposing to increase the Town's retirement contribution to ICMA retirement fund from 12.6 percent to 14.6 percent Regular Meeting & Public Hearing Town Commission Page - 2 - August 12,2005 and increase the employee's portion from 7 percent to 8 percent. With regard to retirement, he advised that a number of municipalities are switching to the Florida Retirement System, a defined benefit plan. He recognized the Commission had been opposed to this type of plan but felt it might be of benefit to some employees and suggested the Town offer it as an option. He recommended that the 2 percent in the ICMA Plan be ^ approved as included in the budget and that the Florida Retirement (1 J1 System be discussed at a future meeting. Mr. Thrasher explained that the merit increases are provided for in the budget at 3 percent per employee, including management, but it is not automatically given to each employee. The supervisor evaluates each employee as to whether they qualify for the merit increase. Mr. Thrasher added that the merit and salary increase are a combination of CPI and inflation level. The Town Manager proposed a 5 percent increase in the water rate. He reported that over $40,000 has been spent for flushing and chlorinating the water system. He added that this will continue until such time as the permanent chlorination equipment is in operation and noted that the Palm Beach County Health Department has an established range for safe chlorine levels and monitors water systems to assure these levels are maintained. Commissioner Devitt questioned the estimated reduction in the ending fund balance. Mr. Thrasher explained that there have been some positive changes since the proposed budget was prepared, that will have a favorable impact on the final fund balance figure. He added that he does not anticipate a withdrawal from the ending fund balance. Mr. Thrasher explained that all of the contract files are reviewed annually to verify that they are current. He expressed that he is most concerned with the EMS and fire contract with Delray, which expires September 30, 2009, noting that other municipalities are experiencing huge increases in their contracts. He requested direction from the commission as to how to proceed in renewing the Town's contract. The Commission directed the town manager to confer with Mayor Koch as to when to contact Delray about renewing the EMS and fire contract. Commissioners Devitt, Orthwein and Lynch believed that the preliminary �i tentative budget is satisfactory. Mayor Koch suggested that the Town Manager rework the numbers. B. Architectural Review & Planning Board 1. Meeting Dates b. September 22, 2005 @ 8:30 A.M. c. October 27, 2005 @ 8:30 A.M. d. November to be decided e. December 22, 2005 Mayor Koch announced these dates. Regular Meeting & Public Hearing Town Commission Page - 3 - August 12,2005 C. Finance Director 1. Financial Report for 2005 Mr. Thrasher asked that the report be accepted as submitted, if there were no questions. He added that the financial position as it relates to uappropriated expenditures would most likely have a positive impact to the fund balance. The Town Manager mentioned that if there is a disaster, it could negatively impact the town and he is concerned that the reserve is under funded. He believes that the reserve should be closer to $2,000,000 over the next 5 -year period. Mayor Koch asked the status of the bird sanctuary. The Town Manager reported that the fence has been repaired and the seawall is being backfilled. Commissioner Orthwein moved and Commissioner Devitt seconded to approve the financial report. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, and Mayor Koch; AYE. 2. Bi- monthly Water Usage This item was made a part of the official record. 3. Unappropriated Funds Analysis Mr. Thrasher read through a list of unappropriated funds that were approved by the Commission for use on various projects and repairs. He added that some items did go over the allotted funds but they will be absorbed in the regular budget. D. Police Chief 1. Activity for July 2005 Lieutenant Allen asked that the report be accepted as submitted, if there were no questions, and there were none. Commissioner Devitt asked about the road closure along AlA. Lieutenant Allen stated that the road would be closed to thru traffic on the north and south side of the club, and there would be detour signs posted diverting traffic. He added there would be access thru the club for emergency vehicles only. The Town Manager asked if anyone received notification of the closure via the telephone notification system. The Commission and residents in the audience said they received notification and it was very clear. VIII. Items for Commission Action. A. Ordinance No. 05/2; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 66, ZONING, ARTICLE VIII, SUPPLEMENTARY DISTRICT REGULATIONS SECTION 66 -369, DOCKS, AT SUBPARAGRAPH (5), (6) (a) , (6) (e) , (6) (g) , (6) (h) and (6) (J) ; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; Regular Meeting & Public Hearing Town Commission Page - 4 - August 12,2005 PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (second reading & adoption) Attorney Randolph reminded that there was first reading on this ordinance however, amendments were suggested and have been made to clarify light watercrafts. He called attention to a second version of this ordinance and advised that if the Commission preferred this document, it must have a first reading at this meeting. UDiscussion followed and it was decided that the language on page 1, last sentence, be changed to read "no watercraft shall be stored on the dock or on the land in view of abutting neighbors ". Town Clerk Taylor read amended Ordinance No. 05/2 by title. There were no comments from the public. Commissioner Orthwein moved and Commissioner Devitt seconded to approve Ordinance No. 05/2 with the changes on first reading. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, and Mayor Koch; AYE. Commissioner Devitt moved and Commissioner Orthwein seconded to declare zoning in progress on Ordinance No. 05/2. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, and Mayor Koch; AYE. B. Resolution 005 -07; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, DESIGNATING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE TOWN'S INCIDENT MANAGEMENT STANDARD FOR EMERGENCIES OCCURRING WITHIN THE TOWN. Town Clerk Taylor read Resolution No. 005 -07 by title. Commissioner Orthwein moved and Commissioner Devitt seconded to approve Resolution No. 005 -07. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, and Mayor Koch; AYE. C. Proposal for preparation of Evaluation & Appraisal Report and subsequent Comprehensive Plan Amendment -Urban Design Studio. Town Manager Thrasher explained that this proposal is for appraisal for review of the Town's Comprehensive Plan, future land uses and development, which is required by the State of Florida. He recommended the proposal be approved. '1 Commissioner Orthwein moved and Commissioner Devitt seconded to approve .� the Urban Design proposal for preparation of the Evaluation & Appraisal Report. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, and Mayor Koch; AYE. D. Designation of Voting Delegate -P.B. League of Cities Town Clerk Taylor explained that annually the Commission designates a voting delegate at the Palm Beach League of Cities meetings and the Commissioners and the Town Manager serve as alternates. Commissioner Orthwein moved and Commissioner Devitt seconded to designate Mayor Koch as a Voting Delegate for the Palm Beach County Regular Meeting & Public Hearing Page - 5 - Town Commission August 12,2005 League of Cities meetings and the other Commissioners and the Town Manager serve as alternates: Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, and Mayor Koch; AYE. E. Items by Mayor and Commissioners. There were none. O IX. Public. Ned McDonald, a resident in Place Au Soleil, thanked the Commission for their service to the town. He added that there are more younger, working families moving into the community and he has been contacted several times requesting that he approach the Commission about changing the public meetings to evenings so the residents would have an opportunity to attend. Mr. McDonald asked if there is a plan in place for extra police presence in Place Au Soleil during a disaster. Mr. McDonald advised that the name of the subdivision has been mis- pronounced, the correct pronunciation is "Plahs" Au Soleil. Mayor Koch thanked Mr. McDonald for his comments and assured him that there is a plan in place extra police presence in Place Au Soleil during a disaster. X. Adjournment. Mayor Koch adjourned the meeting at 10:25 A.M. Ylonne E. Eckert, CMC Deputy Town Clerk I PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Commission of the Town of Gulf Stream, Florida, at a public hearing to be held on Wednesday, September 21, 2005, at 5:01 P.M., in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, will have on the agenda the adoption of the following Ordinances: NO. 05/3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE GENERAL FUND FINAL MILLAGE RATE FOR THE TOWN OF GULF STREAM FOR FISCAL YEAR COMMENCING OCTOBER 1, 2005 AND ENDING ON SEPTEMBER 30, 2006. N0. 05/4; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE GENERAL FUND BUDGET FOR THE TOWN OF GULF STREAM FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2005 AND ENDING ON SEPTEMBER 30, 2006. NO. 05/5; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE WATER FUND BUDGET FOR THE TOWN OF GULF STREAM FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2005 AND ENDING ON SEPTEMBER 30, 2006. The proposed ordinances noticed here are available to the public at the Town Hall, 100 Sea Road, Gulf Stream, Florida. ALL PERSONS INTERESTED IN THESE MATTERS may appear before the Town Commission at the time and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC HEARING, 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. 286.0105, F.S.S. Publish: Palm Beach Post Date: September 11, 2005 I TOWN OF GULF STREAM, FLORIDA Rita L. 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