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