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Home My Public Portal About04/07/2006March 31, 2006 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Fred B. Devitt III Chris D. Wheeler Muriel J. Anderson REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, APRIL 7, 2006 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. A. Regular Meeting of March 17, 2006 B. Certification of Election Returns of March 17, 2006 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. May 5, 2006 @ 9 A.M. 2. June 9, 2006 @ 9 A.M. 3. July 14, 2006 @ 9 A.M. 4. August 11, 2006 @ 9 A.M. 5. September 8, 2006 @ 9 A.M. 6. October 13, 2006 @ 9 A.M. 7. November meeting to be determined. B. Mayor's Proclamation 1. Proclaiming April 2006 "WATER CONSERVATION MONTH" VII. Reports. A. Town Attorney 1. For Review and Discussion - Ordinance #06101 Granting FP &L A Franchise. B. Town Manager 1. Dredged Material Management Sites (FIND) 2. Parc Place N. @ Delray Beach - proposed development 3. Notice to Little Club- Renegotiate Drainage Agreement C. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 5 -25 -06 @ 8:30 A.M. b. Regular Meeting & Public Hearing 6 -22 -06 @ 8:30 A.M. C. Regular Meeting & Public Hearing 7 -27 -06 @ 8:30 A.M. d. Regular Meeting & Public Hearing 9 -28 -06 @ 8:30 A.M. e. Regular Meeting & Public Hearing 10 -26 -06 @ 8:30 A.M. D. Finance Director 1. Presentation of the Audit 2004 /2005 - Nowlen, Holt & Miner 2. Financial Report for March 2006 3. Bi- monthly Water Usage E. Police Chief 1. Activity for March 2006 VIII. Items for Commission Action. A. Appointments to the Architectural Review & Planning Board 1. Two Regular Members -3 year term each 2. One Alternate Member -3 year term B. Contract Renewal for Disaster Recovery Services with Ashbritt C. Items by Mayor and Commissioners. AGENDA CONTINUED IX. Public. X. Adjournment. l� 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 `J MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, APRIL 7, 2006 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 9:00 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by the Mayor. III. Roll Call. Present and William F. Koch, Jr Participating: Joan K. Orthwein Fred B. Devitt III Chris D. Wheeler Muriel J. Anderson Also Present and William Thrasher Participating: John Randolph Garrett Ward Rita Taylor Ron Bennett IV. Minutes. Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Town Attorney Police Chief Town Clerk Nowlen, Holt & Miner A. Regular Meeting of March 17, 2006 B. Certification of Election Returns of March 17, 2006 Commissioner Anderson moved and Commissioner Wheeler seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Town Manager Thrasher requested that Item VII.D.1., be heard before Item VII.A.1. There were no objections. VI. Announcements. A. Regular Meetings and Public Hearings 1. May "5, 2006 @ 9 A.M. 2. June 9, 2006 @ 9 A.M. 3. July 14, 2006 @ 9 A.M. 4. August 11, 2006 @ 9 A.M. 5. September 8, 2006 @ 9 A.M. 6. October 13, 2006 @ 9 A.M. 7. November meeting to be determined. Commissioner Anderson advised that she would not July 14th meeting. B. Mayor's Proclamation be available for the 1. Proclaiming April 2006 "WATER CONSERVATION MONTH" Mayor Koch proclaimed April 2006 "WATER CONSERVATION MONTH ". VII.D.1. Presentation of the Audit 2004 /2005 - Nowlen, Holt & Miner Town Manager Thrasher introduced Ron Bennett, of Nowlen, Holt & Miner, P.A. Regular Meeting & Public Hearing Page - 2 - Town Commission April 7, 2006 Mr. Bennett thanked the Commission for the opportunity to serve the town and for the cooperation of the town staff. He explained that the audit is conducted in accordance with the US Government Auditing Standards. The audit includes examining evidence supporting the amounts and disclosures in the financial statements and assessing the accounting principles used and significant estimates made by management, as well as Oevaluating the overall financial statement presentation. The town's combined net assets for the fiscal year ending 2005 are reported at $4,787,242. Net assets of the town's governmental activities are $4,007,681 and the net assets of business -type activities are reported at $779,561. The total revenues in the general fund are $2,283,698 and the total expenditures are $2,108, 184, with an ending fund balance of $1,542, 052. Overall, the financial position of the total primary government is better than the prior year, with a slight increase in net assets for the governmental activities and in the business type activities. Overall, no matters involving internal control over financial reporting and its operation that is considered to be a material weakness were noted. Commissioner Orthwein moved and Commissioner Devitt seconded to approve the audit report for fiscal year 2004/2005. Roll Call: Commissioner Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. VII. Reports. A. Town Attorney 1. For Review and Discussion- Ordinance #06/01 Granting FP &L A Franchise. Attorney Randolph reminded that the current franchise agreement with FP &L expires in June 2006, and at the pervious meeting FP &L requested the town enter into another 30 -year franchise agreement them. He reported that he had a telephone conference with the Town Manager, Commissioner Wheeler and Chef Wright, an attorney who is on the staff of the Public Service Commission and specializes in franchise agreements. Mr. Randolph requested that Commissioner Wheeler give a report of the discussions. Commissioner Wheeler confirmed that if the town continues to renegotiate with FP &L in good faith to procure an agreement, FP &L is obligated to continue pay the town franchise fees. He believes the risk of losing this revenue is extremely low. The Commissioner stated that more time is needed to see what decisions the PSC makes and town should explore the cost of burying the power lines and who would be responsible for the costs. Additionally, he suggested that a preliminary estimate should be obtained for burying the water and power lines at the same time on the barrier island and utilize these facts as negotiating leverage with FP &L. Commissioner Wheeler recommended that the Commissioner make a list of questions for FP &L and present them at the next meeting. Regular Meeting & Public Hearing Town Commission Page - 3 - April 7, 2006 Attorney Randolph added that Jupiter Island is starting a pilot project this summer, and they have a binding cost estimate from FP &L for burying the power lines. He suggested the town observe and see how that project progresses. The Commissioners agreed that more time is needed before a decision could be made regarding a new franchise agreement. Commissioner Wheeler moved and Commissioner Orthwein seconded to continue to negotiate with FP &L in good faith and explore more options before entering into an agreement. Roll Call: Commissioner Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE Comm. Wheeler; AYE and Mayor Koch; AYE. A. Town Manager 1. Dredged Material Management Sites (FIND) The Town Manager reported that he was asked by Mayor Koch to attend a meeting held in Martin County regarding FIND. It was decided that FIND would construct a landscape berm along the south side of Place Au Soleil as an environmental sound buffer. Additionally, it was made known that Palm Beach County was the originator of the current dredging project and that they have similar projects planned for the site, which would create more activity in the area. The town manager stated that he believes that these type of activities conflict with the agreement between FIND and the town. Mr. Thrasher mentioned that he had discussions with Attorney Randolph who would be contacting FIND to discuss the project. 2. Parc Place N. Q Delray Beach - proposed development Mr. Thrasher advised that he attended a Commission meeting in Delray regarding the proposed Parc Place development that abuts Place Au Soleil. He reported that they have mitigated some of the height, re- positioned the play area, added more landscape material and the developer has agreed to pay for the costs of under grounding the power - lines on Place Au Soleil property. The application passed unanimously in the Commissioner and would be going to SPRAG to fine tune the architectural elements. 3. Notice to Little Club- Renegotiate Drainage Agreement The Town Manager reported that he sent a letter to the Little Club on April 1, 2006, regarding redefining the maintenance fee. He also scheduled a meeting with the South Florida Water Management District and the town's engineer to inquire about modifying the town's drainage system, which would entirely eliminate using the Little Club's property for drainage and would potentially eliminate the need for the contract. Commissioner Anderson complimented the town manager on the help he gave the Place Au Soleil residents with FIND and Parc Place. C. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 5 -25 -06 O 8:30 A.M. b. Regular Meeting & Public Hearing 6 -22 -06 @ 8:30 A.M. c. Regular Meeting & Public Hearing 7 -27 -06 @ 8:30 A.M. d. Regular Meeting & Public Hearing 9 -28 -06 Q 8:30 A.M. e. Regular Meeting & Public Hearing 10 -26 -06 Q 8:30 A.M. Mayor Koch announced these dates. Regular Meeting & Public Hearing Town Commission Page - 4 - April 7, 2006 D. Finance Director 1. Presentation of the Audit 2004 /2005 - Nowlen, Holt & Miner This item was heard earlier. 2. Financial Report for March 2006 Mr. Thrasher asked that the report be accepted as submitted, if there were no questions. Mayor Koch commented that he would prefer to receive the financial report earlier so he would have more time to review it. Town Clerk Taylor explained that the Commission meeting is being held one week earlier than usual and the interest figures from SBA were not available for the report. Commissioner Anderson moved and Commissioner Devitt seconded to approve the financial report. Roll Call: Commissioner Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. 3. Bi- monthly Water Usage This item was made a part of the official record. E. Police Chief 1. Activity for March 2006 Chief Ward asked that the report be accepted as submitted, if there were no questions, and there were none. VIII. Items for Commission Action. A. Appointments to the Architectural Review & Planning Board 1. Two Regular Members -3 year term each 2. One Alternate Member -3 year term Commissioner Anderson moved and Commissioner Wheeler seconded to re- appoint Charles Frankel and Perry O'Neal as regular members and Cynthia Neeves as an alternate member to the Architectural Review & Planning Board. Roll Call: Commissioner Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch. A. Contract Renewal for Disaster Recovery Services with Ashbritt The town manager advised that the disaster recovery service from Ashbritt after the past hurricanes was very good and he recommended that the town renew the contract for disaster recovery services. He added that he is concerned that the reimbursable cost from FEMA for disaster recovery is declining. Commissioner Wheeler moved and Commissioner Orthwein seconded to approve the renewal of the disaster recovery contract with Ashbritt and authorize the Mayor to execute it. Roll Call: Commissioner Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. B. Items by Mayor and Commissioners. Mayor Koch requested a report on the animal trapping for the next meeting. He directed that a letter be sent out to residents advising them to trim their trees prior to the hurricane season. Regular Meeting & Public Hearing Page - 5 - Town Commission April 7, 2006 IX. Public. There were no comments from the public. X. Adjournment. Mayor Koch adjourned the meeting at 9:55 A.M. 0 Yvo e E. Eckert, CMC Deputy Town Clerk C, I