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HomeMy Public PortalAbout07/14/2006MAYOR: 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 HELD BY THE THE TOWN OF GULF STREAM ON FRIDAY, JULY 14, 2006 AT COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, FLORIDA. 2[cf�M�n71 July 7, 2006 TOWN COMMISSION OF 9:00 A.M., IN THE GULF STREAM, I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes of the Regular Meeting of June 9, 2006. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. August 11, 2006 @ 9 A.M. 2. September 8, 2006 @ 9 A.M. 3. October 13, 2006 @ 9 A.M. 4. November 17, 2006 @ 9 A.M. 5. December 8, 2006 @ 9 A.M. VII. Reports. A. Town Manager 1. Update on water line replacement 2. Hurricane -Heavy equipment rental 3. Town liability for trees falling on private property B. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 7 -27 -06 @ 8:30 A.M. b. Regular Meeting & Public Hearing 9 -28 -06 @ 8:30 A.M. c. Regular Meeting & Public Hearing 10 -26 -06 @ 8:30 A.M. d. November Meeting to be determined e. Regular Meeting & Public Hearing 12 -28 -06 @ 8:30 A.M. C. Finance Director 1. Financial Report for June 2006 D. Police Chief 1. Activity for June 2006 VIII. Items for Commission Action. A. Ordinance No. 06/01; AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE TOWN OF GULF STREAM AND PROVIDING FOR AN EFFECTIVE DATE. (2 "d reading) B. Evaluation & Appraisal Report for the Comprehensive Plan 1. Presentation by Urban Design Studio 2. Resolution No. 006 -01; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE EVALUATION AND APPRAISAL REPORT (EAR) OF THE TOWN'S COMPREHENSIVE PLAN; STATING THE INTENT OF THE COMMISSION TO AMEND THE COMPREHENSIVE PLAN BASED UPON RECOMMENDATIONS CONTAINED IN THIS REPORT; AND AUTHORIZING TRANSMITTAL OF THE REPORT TO THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) IN ACCORDANCE WITH Page 2 SECTION 163.3191, FLORIDA STATUES, AND PROVIDING FOR AN EFFECTIVE DATE. C. Presentation of Proposed Budget for Fiscal Year 2006/2007 1. Budget Consideration 2. Proposed Millage for 2006 -2007 3. Certification of Rolled Back Millage Rate 0 4. Date of First Public Hearing Toward Budget Adoption 5. Date of Second Public Hearing for Final Budget Adoption D. Items by Mayor and Commissioners. 1. Review of Code related to roof materials -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 O MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JULY 14, A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA STREAM, FLORIDA. I. Call to Order. A.M. THE TOWN 2006 AT 9:00 ROAD, GULF Mayor Koch called the meeting to order at 9:00 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 Muriel J. Anderson Chris D. Wheeler Also Present and William Thrasher Participating: Garrett Ward Rita Taylor Tony Newbolt Marty Minor Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Police Chief Town Clerk FP &L Urban Design Studio IV. Minutes of the Regular Meeting of June 9, 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 to add Item VII.A.4., Boatlift Ordinance and Item VIII.D.2., Budget Transfer. There were no objections. VI. Announcements. A. Regular Meetings and Public Hearings 1. August 11, 2006 @ 9 A.M. 2. September 8, 2006 @ 9 A.M. 3. October 13, 2006 @ 9 A.M. 4. November 17, 2006 @ 9 A.M. 5. December 8, 2006 @ 9 A.M. Mayor Koch announced these dates. Commissioner Wheeler advised that he would be available by phone for the August 11th meeting. O VII. Reports. A. Town Manager 1. Update on water line replacement Town Manager Thrasher reported the cost of construction for the water line has increased to an estimated $1,400,000. This increase is due to the estimated escalating cost of construction, the labor force being competitive, and the directional boring increase 600 linear feet. He believed the project is on schedule and should be completed in March 2007. Mr. Thrasher added that the engineering fees have not been increased. Regular Meeting & Public Hearing Page - 2 - Town Commission July 14, 2006 2. Hurricane -Heavy equipment rental The Town Manager reported that he obtained quotes for heavy equipment rental. The cost, including delivery and insurance is approximately $5900 per month. He asked for direction from the Commission. Commissioner Wheeler asked if the equipment could be rented three days prior to a storm. He suggested that the town manager buy an option to C, rent four days before a hurricane. Mr. Thrasher stated the larger companies like healthcare facilities and FP &L gets first bid on the heavy equipment. Mayor Koch suggested exploring more options for discussion at the next meeting. 3. Town liability for trees falling on private property Mr. Thrasher referred to a response from Attorney Randolph as to who is liable for damages if a tree falls on private property. He added that FEMA did reimburse the town for damages to private property from fallen trees. Commissioner Devitt asked if the property owners are maintaining the trees in the right -of -way, and should the town remove the trees that are not being maintained. He suggested that an assessment of trees on public property be done and those that are not being maintained should possibly be removed. Commissioner Devitt moved and Commissioner Orthwein seconded that if it is an act of God, the town would not be responsible if a tree falls on private property and causes damage. However, the town would be responsible for removing the fallen tree. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. 4. Boatlift Ordinance Town Manager Thrasher reminded that a boatlift ordinance was passed stating that a boatlift could be attached only to a seawall or landward of a seawall. He reported that some new residents have been installing boatlifts that are not to code. Mr. Thrasher advised they would probably be challenging the boatlift ordinance and this item may be coming to the Commission. He reminded that a lot of time and effort was spent on the boatlift ordinance. OThe Commission agreed that a lot of time has been spent on this ordinance but that residents have the right to appear in front of the Commission to state their case. B. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public b. Regular Meeting & Public c. Regular Meeting & Public d. November Meeting to be d e. Regular Meeting & Public Mayor Koch announced these dates. Hearing Hearing Hearing =terminei Hearing 7 -27 -06 @ 8:30 A.M. 9 -28 -06 @ 8:30 A.M. 10 -26 -06 @ 8:30 A.M. i 12 -28 -06 @ 8:30 A.M. Regular Meeting & Public Hearing Town Commission C. Finance Director 1. Financial Report for Mr. Thrasher asked that the report were no questions. Page - 3 - July 14, 2006 June 2006 be accepted as submitted, if there Mayor Koch questioned the vehicle registration expense. Mr. Thrasher explained the registration expense is for the new police cars and maintenance truck. Commissioner Anderson moved and Commissioner Devitt seconded to approve the financial report. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. D. Police Chief 1. Activity for June 2006 Chief Ward asked that the report be accepted as submitted, if there were no questions. He added that Officer Murray would be leaving the department at the end of the month. The Chief stated that he is concerned that he would be unable to recruit quality officers in that the cost of living and housing prices in Palm Beach County have increased. Furthermore, other police agencies are offering competitive salaries and benefit package. He distributed a police officer salary comparison to the Commissioners. Mayor Koch commented that a lot of cities are offering defined benefits but he is not in favor of that plan. He added that the town's police department is small and the duties are different compared to other towns. The Mayor commented that the proposed officers salary increase is over 11 percent and he believe the benefits to be adequate. The Town Manager stated the Florida Retirement System is a good plan and would be more attractive to incoming employees. VIII. Items for Commission Action. A. Ordinance No. 06101; AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE TOWN OF GULF STREAM AND PROVIDING FOR AN EFFECTIVE DATE. (2nd reading) Town Manager Thrasher referred to correspondence from Attorney Randolph C and FP &L. He read for the record, a letter from Mr. Randolph regarding the franchise fee and the revised favorite nation clause. The Attorney advised that if the Commission agrees with the changes, the ordinance would go for 3rd and final reading in August. Mr. Newbolt explained that the a couple changes have been made as requested by the Commission. The favorite nation clause has been changed from a population of 723 to 15,000 and the town has the option of reducing the franchise fee at a rate of 1 percent year. He added that the Public service Commission has not ruled on the consortium efforts to promote under - grounding of utility facilities and related implementation activities. He stressed that whatever the consortium is Regular Meeting & Public Hearing Town Commission Page - 4 - July 14, 2006 able to negotiate, it would be applicable to all municipalities. Mr. Newbolt reminded that based on the current formula, there would be no lapse in the franchise fee payments after the approval of the ordinance. Mayor Koch commented that the franchise fee is a tax to the residents. He believed if the town needs additional revenue it would better to Craise the millage rate. Commissioner Devitt asked if there was a concern about being able to bury the utility line in the right -of -way. Mr. Newbolt stated that this is a separate issue but he did furnish the town manager with a draft copy agreement which allows for flexibility to under - ground in the right -of way. Commissioner Wheeler agreed with the Mayor that the franchise fee is basically a tax on the residents but he had no objections. Town Clerk Taylor read Ordinance No. 06101 by title. Commissioner Orthwein moved and Commissioner Devitt seconded to approve Ordinance No. 06/01 on second reading. There were no comments from the public. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. B. Evaluation & Appraisal Report for the Comprehensive Plan 1. Presentation by Urban Design Studio Mr. Minor explained that the purpose of the evaluation & appraisal report for the comprehensive plan is to evaluate how well the plan is serving the town, identify areas of special concern and recommend changes and additions to the existing goals, policies, and objectives. The three major issues that the staff has chosen to look at during this evaluation process are, evaluate the ways in which the town can maintain its character, evaluate the effect on the town on the conversion of existing multi - family residential building and assess and evaluate the utilities systems within the town. If the Commission adopts the evaluation & appraisal report it is sent to the Department of Community affairs for comments. He added that because the town is very small, there would be little or no impact to the infrastructure. Commissioner Wheeler asked if all the multi - family units are at full G density. He added he is concerned about the rebuilding and the character of the multi - family units and suggested limiting the FAR and density. Mayor Koch stated that currently the FIND property is zoned public and the golf club property is zoned outdoor - recreation. He is concerned that in the future some of this property might be sold, rezoned and used to build multi - family units on. Commissioner Wheeler moved and Commissioner Orthwein seconded to approve the report and forward it to the state. Roll Call: Comm. Orthwein; AYE, Regular Meeting & Public Hearing Page - 5 - Town Commission July 14, 2006 Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. 2. Resolution No. 006 -01; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ADOPTING THE EVALUATION AND APPRAISAL REPORT (EAR) OF THE TOWN'S COMPREHENSIVE PLAN; STATING THE INTENT OF THE COMMISSION TO AMEND THE COMPREHENSIVE PLAN BASED UPON C,+ RECOMMENDATIONS CONTAINED IN THIS REPORT; AND AUTHORIZING TRANSMITTAL OF THE REPORT TO THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) IN ACCORDANCE WITH SECTION 163.3191, FLORIDA STATUES, AND PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Taylor read Resolution No. 06/01 by title. Commissioner Orthwein moved and Commissioner Wheeler seconded to adopt Resolution No. 06101. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. C. Presentation of Proposed Budget for Fiscal Year 2006/2007 1. Budget Consideration Town Manager Thrasher presented the proposed budget for 2006/2007 and explained that it is based on the Southern Wage Earners Consumer Price Index. He stated that this is a balanced budget with a budget of $2,370,496.00, and is calculated on a proposed millage rate of 2.8936 mills, which is a reduction in the current millage rate of 3.1726 mills. Mr. Thrasher is proposing a millage rate of 2.8936 mills with the rolled back rate being 2.7070 mills. He added that property appraised values have increased by $102,000,000.00 but he does not anticipate such a large increase next year because there is no activity in building permits. He added that according to the Florida League of Cities, property insurance would be increasing by 100 percent. Mr. Thrasher proposed an 8.4 percent salary increase using the CPI of 4.2 plus a merit increase. The Town Manager voiced his concerns that the millage rate is too low. Commissioner Wheeler questioned why the millage rate was so low. He suggested increasing the millage rate to 3.1000 mils. He asked that town manager to justify the salary increase. The Commissioner requested a salary comparison from past years in order to be able to make an informed decision. C i Mayor Koch requested a comparison of the actual revenues and expenditures from the previous year. He added that he was not in favor of increasing the millage rate. Town Manager Thrasher explained that an extensive salary survey was performed a few years ago. It showed the Town to be among the lowest on the pay scale, he believed that the interview process to hire employees is very strict in order to recruit quality personnel. With regard to the merit increase, he explained that not all employees qualify for this increase, it is based on job evaluation. The town manager stated that the actual revenues and expenditures are accounted for in the annual audit. Regular Meeting & Public Hearing Page - 6 - Town Commission July 14, 2006 2. Proposed Millage for 2006 -2007 Commissioner Wheeler moved and Commissioner Orthwein seconded to approve a proposed millage of 3.1000 mills for fiscal year 2006 -2007. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; NAY. 3. Certification of Rolled Back Millage Rate Commissioner Wheeler moved and Commissioner Devitt seconded certify the rolled back millage rate at 2.7070 mils. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; NAY. 4. Date of First Public Hearing Toward Budget Adoption Commissioner Orthwein moved and Commissioner Devitt seconded to set the date of first public hearing toward budget adoption on September 8, 2006, at 5:01 P.M. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. 5. Date of Second Public Hearing for Final Budget Adoption Commissioner Orthwein moved and Commissioner Devitt seconded to set the date of second public hearing for final budget adoption on September 20, 2006, at 5:01 P.M. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. D. Items by Mayor and Commissioners. ' 1. Review of Code related to roof materials -Mayor Koch Mayor Koch commented.that with the past hurricanes, residents are finding it difficult to obtain roofing materials. He suggested that consideration be given to reviewing the code to allow other roofing materials. The Commissioners discussed this item and agreed that the Architectural Review and Planning Board should review the Code regarding roof materials. 2. Budget Transfer The Town Manager Thrasher requested a budget transfer within the police department budget of $2500 to allow for the purchase two defibrillators that would be adaptable for children and also $5000 for computer upgrade. Chief Ward stated that these are newer units and if purchased now the town would save $745 per unit, as there is soon to be a price increase. Given that the budget transfer does not need Commission action, the 01 Commissioners directed the town manager to proceed. IX. Public. There were no comments from the public. X. Adjournment. Mayor Koch adjourned the meeting at 11:45 A.M. ,•1 C o_ Yl( nne E. Eckert, CMC De uty Town Clerk