HomeMy Public PortalAbout05/05/2006C
MAYOR: William F. Koch, Jr.
VICE MAYOR: Joan K. Orthwein
COMMISSIONER: Muriel J. Anderson
Fred B. Devitt III
Chris D. Wheeler
REGULAR MEETING AND PUBLIC HEARING BEING
THE TOWN OF GULF STREAM ON FRIDAY, MAY 5,
COMMISSION CHAMBERS OF THE TOWN HALL, 100
FLORIDA.
AGENDA
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
April 28, 2006
HELD BY THE TOWN COMMISSION OF
2006 AT 9:00 A.M., IN THE
SEA ROAD, GULF STREAM,
IV. Minutes of the Regular Meeting of April 7, 2006.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Re
1.
2.
3.
4.
5.
6.
3ular Meetings and Public Hearings
June 9, 2006 @ 9 A.M.
July 14, 2006 @ 9 A.M.
August 11, 2006 @ 9 A.M.
September 8, 2006 @ 9 A.M.
October 13, 2006 @ 9 A.M.
November meeting to be determined
VII. Reports.
A.
Town Manager
1. Request for funding from Un- appropriated Funds
a. $12,000 for FP &L estimate for underground construction
along State Road AlA
b. $10,000 to upgrade Town Hall computer system
B.
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.
C.
Finance Director
1. Financial Report for April 2006
D.
Police Chief
1. Activity for April 2006
VIII. Items
for Commission Action.
A.
Joint Participation Agreement with FDOT for reimbursement for
Hurricane Wilma debris removal on State Road AIA.
B.
Approval to send letter to FIND RE: Future use of property
C.
Information to be requested from FP &L prior to franchise
Discussions
D.
Ordinance No. 06/02; AN ORDINANCE OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE III, BOARDS AND
COMMISSIONS, DIVISION 2, CODE ENFORCEMENT BOARD; PROVIDING
FOR SEVERABILITY, PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE. (FIRST READING)
AGENDA CONTINUED
Page 2
E. Request for approval of allocation of JAG funds - Criminal
Justice Commission
F. Requesting participation Re: Municipal Underground
Utilities Consortium -Town of Palm Beach
G. Items by Mayor and Commissioners
1. Storm drainage agreement with the Little Club -Mayor Koch
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
C
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MAY 5, 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
01 Mayor.
III. Roll Call.
Present and William F. Koch, Jr. Mayor
Participating: Joan K. Orthwein Vice Mayor
Fred B. Devitt III Commissioner
Absent with Chris Wheeler
Notice: Mert Anderson
Also Present and William Thrasher
Participating: Garrett Ward
Rita Taylor
Tony Neubolt
Keddy Bostic
Commissioner
Commissioner
Town Manager
Police Chief
Town Clerk
FP &L
FP &L
IV. Minutes of the Regular Meeting of April 7 2006.
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.
Mayor Koch requested that Item VIII.C., be heard before Item VII. The
were no objections.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. June 9, 2006 @ 9 A.M.
2. July 14, 2006 @ 9 A.M.
3. August 11, 2006 @ 9 A.M.
4. September 8, 2006 @ 9 A.M.
5. October 13, 2006 @ 9 A.M.
6. November meeting to be determined
_ Mayor Koch announced these dates.
Town Manager Thrasher reminded that this is an informal discussion
during which Commissioners were to present their questions regarding the
FP&L franchise proposed renewal.
VIII. C. Information to be requested from FP&L prior to franchise
Discussions
Mayor Koch asked how far along FP &L is in the process with regard to
undergrounding the powerlines.
Regular Meeting & Public Hearing
Town Commission
Page - 2 -
May 5, 2006
Mr. Neubolt, from FP &L, stated the process is ongoing and they are
waiting on a decision from the Public Service Commission regarding the
offer from FP &L to contribute 25% of the cost for undergrounding.
He explained that Delray Beach, Ocean Ridge and Boynton Beach are not
100% committed to the undergrounding and so undergrounding for Gulf
Stream is not in the near future. He mentioned that FP &L has received
funds from the town for an engineering study for the undergrounding and
if the town agrees to proceed with burying the lines, the monies
received would be credited to the overall cost. The Public Service
Commission has not made a decision but whatever they decide FP &L would
follow the mandate.
Mayor Koch asked if the transformers were destroyed, who would be
responsible for repairing or replacing them, and would the equipment be
installed in the right of way.
Mr. Neubolt stated that FP &L would be responsible for repairing or
replacing them. He added that the wires would be installed in the right
of way but the transformers and switch boxes would be on easements on
private property. Additionally, if a homeowner is changing from
overhead to underground they would be responsible for some of the cost.
Commissioner Orthwein asked how difficult would it be to repair an
underground line.
Mr. Bostic stated it would be more difficult to locate and repair an
underground line and the restoration time would be longer than if the
line is overhead.
Town Clerk Taylor read a list of questions
to be addressed by FP &L.
1. Identify weak points in the grid
2. Cost to harden weak points
3. Estimate cost savings to burying
4. Potential sources of funds
from Commissioner Wheeler
electric and water together
Mr. Bostic explained that there are 3 main feeder lines that serve the
town. One of the main feeders serves 90 -95 percent of the town and
annually the feeder lines are scanned to detect problems and before they
result in an outage. Following the previous hurricanes all the circuits
have been inspected and /or repaired. He added that there is an
aggressive line - clearing program to ensure minimal interruption and that
FP &L works closely with the town's arborist to ensure there is no
vegetation crowding the lines.
Mayor Koch commented that on Golfview Drive there are a few poles that
are leaning. He asked if this would be a safety issue.
Mr. Bostic stated that if a pole is leaning it does not necessarily
means it is unsafe but he would check to ensure it is safe.
Regular Meeting & Public Hearing
Town Commission
Page - 3 -
May 5, 2006
Commissioner Devitt asked if there is a concern with root pruning.
Mr. Bostic confirmed it could definitely become a problem the future.
Mr. Neubolt confirmed that it would be more cost effective to bury the
water and electric lines simultaneously, adding that the town would be
y responsible for the cost of trenching and backfilling with FP &L
�J furnishing the material to go in the trench. He expressed that he would
like to renew the franchise agreement before the expiration date of June
30.
VII. Reports.
A. Town Manager
1. Request for funding from Un- appropriated Funds
a. $12,000 for FP &L estimates for underground construction
along State Road AlA
Town Manager Thrasher explained that the estimate for the underground
construction along State Road AlA was not budgeted for and has already
been paid. He requested $12,000 for the funding be taken from un-
appropriated funds.
Commissioner Devitt moved and Commissioner Orthwein seconded to approve
$12,000 for FP &L estimates for underground construction along State Road
AlA to be taken from unappropriated funds. Roll Call: Comm. Orthwein;
AYE, Comm. Devitt; AYE and Mayor Koch; AYE.
b. $10,000 to upgrade Town Hall computer system
The Town Manager explained that the computer system at the town hall is
outdated and needs to be replaced. He stated that $10,000 has already
been budgeted but additional funds are needed. He requested that
$10,000 be taken from unappropriated funds for the upgrade.
Commissioner Devitt asked if the town uses a computer consultant.
The Town Manager confirmed that he has obtained three estimates and they
were almost the same.
Commissioner Devitt moved and Commissioner Orthwein seconded to approve
$10,000 to upgrade town hall computer system and the funds be taken from
unappropriated funds. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE
_ and Mayor Koch; AYE.
B. 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.
Mayor Koch announced these dates.
C. Finance Director
1. Financial Report for April 2006
Mr. Thrasher asked that the report be accepted as submitted, if there
were no questions.
Regular Meeting & Public Hearing page - 4 -
Town Commission May 5, 2006
Commissioner Devitt asked if the percentage of the expenses is on target
and he questioned the Ashbritt checks.
Mr. Thrasher responded that the expenses are 51% of budget and he
believes everything is on target. With regard to the Ashbritt checks,
he did not agree with the figures and he audited the invoices and state-
ments and found discrepancies, which Ashbritt did not agree with. The
preliminary figures he used from FEMA were of a lower nature and he made
revisions to maximize potential reimbursements.
Commissioner Orthwein asked about the number of GIS checks.
Mr. Thrasher explained that the graphical interface system is the town's
mapping system and the GIS person supplied her invoices at later date to
ensure that the he was satisfied with the work.
Mayor Koch asked about the Harvel Utility invoices.
The Town Manager explained that Harvel Utility is continuing to flush
hydrants to maintain chlorine residual. He added that the water loss is
up to 18% and he is very much in favor of passing the cost off to
residents but he could not justify doing that at this time.
Commissioner Devitt moved and Commissioner Orthwein seconded to approve
the financial report. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE
and Mayor Koch; AYE.
D. Police Chief
1. Activity for April 2006
Chief Ward asked that the report be accepted as submitted, if there were
no questions. The chief made a correction on his report on the traffic
count from 118 to 126.
VIII. Items for Commission Action.
A. Joint Participation Agreement with FDOT for reimbursement for
Hurricane Wilma debris removal on State Road AIA.
The Town Clerk summarized the Emergency Joint Participation Agreement
between FDOT and the Town of Gulf Stream and explained that no
reimbursement for Hurricane Wilma debris clearing off AlA would be
received unless the agreement was executed.
Commissioner Orthwein moved and Commissioner Devitt seconded to
recommend that the Town enter into this agreement and that the Mayor and
Town Clerk be authorized to execute the agreement. Roll Call: Comm.
Orthwein; AYE, Comm. Devitt; AYE and Mayor Koch; AYE.
B. Approval to send letter to FIND RE: Future use of property
Town Manager Thrasher explained that residents of Place Au Soleil have
expressed concerns regarding the amount of truck traffic hauling
material from the FIND area. He added that Palm Beach County has
contracted with FIND to use the area but he believes the area is being
misused. He stated that Attorney Randolph drafted a letter to Mr.
Roach, executive director of FIND regarding the future use of the FIND
Regular Meeting & Public Hearing page _ 5 _
Town Commission May 5, 2006
property. He recommended that the Commission approve sending the
letter.
Commissioner Orthwein moved and Commissioner Devitt seconded to approve
the letter to David Roach regarding FIND future use of property. Roll
Call: Comm. Orthwein; AYE, Comm. Devitt; AYE and Mayor Koch; AYE.
C. Information to be requested from FP &L prior to franchise
Discussions
This item was heard earlier.
D. Ordinance No. 06/02; AN ORDINANCE OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE III, BOARDS AND
COMMISSIONS, DIVISION 2, CODE ENFORCEMENT BOARD; PROVIDING
FOR SEVERABILITY, PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE. (FIRST READING)
Town Clerk Taylor read Ordinance No. 06/02 by title. She explained that
due to a recent attorney general opinion, this ordinance is necessary to
enable the attorney represent more than one town.
Commissioner Orthwein moved and Commissioner Devitt seconded to approve
Ordinance No. 06/02 on first reading. There was no comment from the
public. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE and Mayor
Koch; AYE.
E. Request for approval of allocation of JAG funds - Criminal
Justice Commission
Town Clerk Taylor explained that this is the annual allocation of JAG
funds. The Florida Department of Law Enforcement requires that 51% of
local governments agree with the allocation. She added that the town is
not eligible for any of the funds.
Commissioner Orthwein moved and Commissioner Devitt seconded to approve
allocation of JAG funds. Roll Call: Comm. Orthwein; AYE, Comm. Devitt;
AYE and Mayor Koch; AYE.
F. Requesting participation Re: Municipal Underground Utilities
Consortium -Town of Palm Beach
The Town Manager explained that a group of municipalities are forming an
underground utilities consortium to study the FP &L tariff of 25% credit
to local government for underground electric service conversion projects
and other related matters. The cost of the proposed engineering study
is approximately $120,000, which would be shared by the participating
municipalities. The Town of Palm Beach is forming the consortium and
requested $2000 from the town to participate.
Commissioner Orthwein moved and Commissioner Devitt seconded to approve
$2000 to participate in the Municipal Underground Utilities Consortium
with Town of Palm Beach. Roll Call: Comm. Orthwein; AYE, Comm. Devitt;
AYE and Mayor Koch; AYE.
G. Items by Mayor and Commissioners
1. Storm drainage agreement with the Little Club -Mayor Koch
Regular Meeting & Public Hearing Page - 6 -
Town Commission May 5, 2006
Mayor Koch stated that discussions have been held in regard to a
modification of the agreement between The Little Club and the town. He
reported that the Little Club has agreed to reduce the maintenance fee
from 4,500 to $2,000 annually.
Commissioner Orthwein moved and Commissioner Devitt seconded to approve
the revised agreement with the Little Club. Roll Call: Comm. Orthwein;
AYE, Comm. Devitt; AYE and Mayor Koch; AYE.
Mayor Koch reported that a biker's association is taking legal action
against FDOT because they are not installing 5' bike lanes. He advised
that he has had discussions with several mayors on the barrier island
and believes the town should intervene in the lawsuit.
The Commission discussed this item and agreed to support FDOT in the
suit.
Mayor Koch directed Commissioner Devitt to speak with the Mayor in Ocean
Ridge.
Commissioner Devitt moved and Commissioner Orthwein seconded to approve
up to $5000 from unappropriated funds to support FDOT in the lawsuit
provided Mayor Koch further discusses the lawsuit with Attorney
Randolph. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE and Mayor
Koch; AYE.
IX. Public. There were no comments from the public.
X. Adjournment. Mayor Koch adjourned the meeting at 10:25 A.M.
Yv ne E. Eckert, CMC
De uty Town Clerk
0
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 Friday, June 9, 2006,
at 9:00 A.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:
ORDINANCE NO. 06/02; AN ORDINANCE OF
THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, PALM BEACH COUNTY, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE III, BOARDS AND COMMISSIONS,
DIVISION 2, CODE ENFORCEMENT BOARD;
PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF ORDINANCES IN CONFLICT;
PROVIDING AN EFFECTIVE DATE.
The proposed ordinance noticed here is 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: May 27, 2006
TOWN OF GULF STREAM, FLORIDA
/74y
Rita L. Taylor, Town Clerk
��e
0
J "
>
s
m u
0
a ' d 7 r 7
n ` u '
a N ��
F
0
r o
0
6
2 .
3
O
6
r .
O '
i D
a
O
W
O
a
` G
0
^ I
J
n a c J G o t r J f ' ] v '
' O C w S C N ��" N y - n
E r �� t �� O O .
e a , ` , I C L " " �� a o ��
O
n o w o S
F n y ��' w R r 0 " I ]
0 " G ��G G . y m . % . b w O �� d C '
M P w
w w w
I M I Q
o w 3 3 a y w
c - w d o a n e y Y
" O n
w � , 0 c , . d w ' 5 ����3 3 �� C D o x
w 0 o E . r ) 0 ' b _ w " c b N T J p , O . p m ' r J N N N ' C
���� w N ����G p ; C S y ��I w y y ^ y . O
5 ; . . i
w V 0 ��+ " O C . O
o o w o o t y = w I I L ^ o , w w
c r n o . " v ��S " <
A C ` < C w t w i t r b 3 b a
� + ^ " p , w w y
3 ' _ 0 0 n y ��
o w a v 3 c n 0 3 3 w
c r
t z
3 w s ����o o 0 - n t o 3 C
o 0 w w ^ + w w a r
t o 0 l r n y 0 o o
w J c ^ = a c ' 7 P ~ o ��0
L 3 H v c o w ' - c . y
: o n
y � N ^ . w n o w . t D . I ' h w o
o . w o
t o a - "
d ��N 7 P . ` G
0 "
0
r ^ ^
\ J
H
� z
w
t ��a d
c
t o ��
S t y
E L d
n C n
' . 7
_ �� V
�� O
a y
w