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HomeMy Public PortalAbout09/08/2006N MAYOR: VICE MAYOR: COMMISSIONER: William F. Koch, Jr. Joan K. Orthwein Muriel J. Anderson Fred B. Devitt III Chris D. Wheeler September 1, 2006 REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, SEPTEMBER 8,2006 AT 4:00 P.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. iTea7l I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes of the Regular Meeting of August 11, 2006. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 2. September 8, 2006 @ 5:01 P.M. (Budget) 3. September 20, 2006 @ 5:01 P.M. (Budget Adoption) 4. October 13, 2006 @ 9 A.M. 5. November 17, 2006 @ 9 A.M. 6. December 8, 2006 @ 9 A.M. 7. January 12, 2007 @ 9 A.M. 8. February 9, 2007 @ 9 A.M. VII. Reports. A. Town Manager 1. Inventory of trees on right -of -way poorly maintained •� 2. Update on water line project B. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 9 -28 -06 @ 8:30 A.M. b. Regular Meeting & Public Hearing 10 -26 -06 @ 8:30 A.M. c. Regular Meeting & Public Hearing 11 -30 -06 @ 8:30 A.M. d. Regular Meeting & Public Hearing 12 -28 -06 @ 8:30 A.M. C. Finance Director 1. Financial Report for August 2006 D. Police Chief 1. Activity for August 2006 VIII. Items for Commission Action. A. Ordinances 1. Ordinance No. 06/03; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 18, EMERGENCY SYSTEMS, TO CREATE A NEW ARTICLE III TO BE KNOWN AS THE POST DISASTER DEBRIS RECOVERY ORDINANCE RELATING TO DISASTER DEBRIS COLLECTION AND REMOVAL; PROVIDING FOR DECLARATION OF FINDINGS AND INTENT; PROVIDING FOR IMPLEMENTATION AND AUTHORITY FOR THE TOWN TO CLEAR PUBLIC RIGHTS -OF -WAY AND PRIVATGE ROADS IN THE TOWN OF DEBRIS SO AS TO PROTECT THE COMMUNITY AT LARGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (2nd reading & adoption) a AGENDA CONTINUED Page 2 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 0 2. Ordinance No. 06/04; AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. (lah reading) B. Resolution No. 006 -03; A RESOLUTION OF THE TOWN OF GULF STREAM, FLORIDA, AUTHORIZING THE MAYOR AND TOWN CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE MUNICIPALITIES OF OCEAN RIDGE, MANALAPAN, SOUTH PALM BEACH, AND PALM BEACH FOR COORDINATING AND THE PAYMENT OF FEES FOR INTERVENING IN THE ACTION WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION OPPOSING FIVE FOOT BIKE LANES ALONG AIA; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. C. Interlocal Agreement Between Ocean Ridge and Gulf Stream COORDINATING INTERVENTION IN SUPPORT OF THE FLORIDA DEPARTMENT OF TRANSPORTATION IN THE ACTION BROUGHT AGAINST IT BY BRUCE ROSENZWEIG, BOCA RATON BICYCLE CLUB AND THE LEAGUE OF AMERICAN BICYCLISTS. D. Letter requesting legal representation in lawsuit; City of Boca Raton et al. v. Palm Beach County. 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 0 C MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, SEPTEMBER 8,2006 AT 4:00 P.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 4:00 P.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by the Mayor. III. Roll Call. Present and Participating William F. Koch, Jr Joan K. Orthwein Fred B. Devitt III Muriel J. Anderson Chris D. Wheeler Also Present and William Thrasher Participating: Edward Allen John Randolph Rita Taylor Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Lieutenant Town Attorney Town Clerk IV. Minutes of the Regular Meeting of August 11, 2006. Commissioner Devitt moved and Commissioner Anderson seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Town Clerk Taylor advised of a proclamation from President Bush, proclaiming September 11th as Patriot Day in recognition of the sacrifices made by everyone. The President requested that the Flag be flown at half -mast on September 11th Commissioner Wheeler moved and Commissioner Anderson seconded to approve the proclamation. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. VI. Announcements. A. Regular Meetings and Public Hearings 2. September 8, 2006 @ 5:01 P.M. (Budget) 3. September 20, 2006 @ 5:01 P.M. (Budget Adoption) 4. October 13, 2006 @ 9 A.M. 5. November 17, 2006 @ 9 A.M. 6. December 8, 2006 @ 9 A.M. 7. January 12, 2007 @ 9 A.M. 8. February 9, 2007 @ 9 A.M. Mayor Koch announced these dates. Commissioner Anderson advised that she would not be present for the October meeting. Commissioner Wheeler stated he would be available via telephone for the September 20th meeting. N Town Commission September 8, 2006 Regular Meeting & Public Hearing Page 2 VII. Reports. A. Town Manager 1. Inventory of trees on right -of -way poorly maintained Town Manager Thrasher reported that an inventory of poorly maintained trees in the right -of -way was performed on the barrier island and in Place Au Soleil. The problem areas seem to be between Polo Drive and Gulf Stream Road, running from Lakeview and Golfview Road. There is also one large Australian pine tree along County Road that needs to be removed. In Place Au Soleil there are 2 Norfolk pines and a large banyan that had hurricane damage and need to be removed. The total cost of the tree removal is estimated at $22,000, including $5,500 for Place Au Soleil. Mr. Thrasher added that he requested that FP &L trim the trees but they do not believe the trees are compromising the powerlines. Commissioner Orthwein asked the status of burying the power -lines in this area. The Town Manager advised that directional boring in the area is difficult and the area must be hand dug and cleared before under - grounding can be done. Town Clerk Taylor added that the water main area in the alleyway is shallow and whenever heavy equipment goes in, it breaks the water line. The Commission directed that letters be sent to residents advising them to maintain the trees in the right -of -way or they would be removed by the town within sixty days. Commissioner Devitt added that language be drawn up and signed by the residents stating that if the trees are not maintained and the homeowner wants to keep them, they would be responsible for any damage caused by the trees. 2. Update on water line project Mr. Thrasher reported that the engineers have revised the cost of the water line project and the estimated price is approximately $1,600,000.00. He added that to date, FP &L has not furnished a timeline for installing the conduits. The estimated date of completion for the project is still March 2007. Mayor Koch asked if the original specifications were changed. The Town Manager confirmed that the original specifications were changed which added $65,000 to $100,000 to the cost of the project. He explained that this is primarily due to the increase in construction and labor costs and a few minor changes in the design to add more valves and reduce future maintenance costs. B. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 9 -28 -06 @ 8:30 A.M. b. Regular Meeting & Public Hearing 10 -26 -06 @ 8:30 A.M. c. Regular Meeting & Public Hearing 11 -30 -06 @ 8:30 A.M. d. Regular Meeting & Public Hearing 12 -28 -06 @ 8:30 A.M. Town Commission Regular Meeting & Public Hearing September 8, 2006 Page 3 Mayor Koch announced these dates A. Finance Director 1. Financial Report for August 2006 Mr. Thrasher asked that the report be accepted as submitted, if there were no questions. He added that Harvel Utility has not increased their rates in several years and he is aware that they would be asking for an increase in the next fiscal year. �J Commissioner Anderson moved and Commissioner Orthwein 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 August 2006 Lieutenant Allen asked that the report be accepted as submitted, if there were no questions. Commissioner Anderson asked for an explanation of directed patrol. The Lieutenant explained that an example would be an officer randomly checking homes, apartments or club when residents are away. Commissioner Orthwein asked for a definition of F.I.R. Lieutenant Allen explained that it means Field Interrogation Report, like spot- checking someone unknown in the neighborhood. VIII. Items for Commission Action. A. Ordinances 1. Ordinance No. 06/03; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 18, EMERGENCY SYSTEMS, TO CREATE A NEW ARTICLE III TO BE KNOWN AS THE POST DISASTER DEBRIS RECOVERY ORDINANCE RELATING TO DISASTER DEBRIS COLLECTION AND REMOVAL; PROVIDING FOR DECLARATION OF FINDINGS AND INTENT; PROVIDING FOR IMPLEMENTATION AND AUTHORITY FOR THE TOWN TO CLEAR PUBLIC RIGHTS -OF -WAY AND PRIVATE ROADS IN THE TOWN OF DEBRIS SO AS TO PROTECT THE COMMUNITY AT LARGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (2nd reading & adoption) Town Clerk Taylor read Ordinance No. 06/03 by title. Mayor Koch asked if there were any questions. There was none. Commissioner Wheeler moved and Commissioner Anderson seconded to adopt Ordinance No. 06/03 on second reading. There was no comment from the public. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. Town Commission Regular Meeting & Public Hearing September 8, 2006 Page 4 2. Ordinance No. 06/04; AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL OBECOME EFFECTIVE. (1't reading) Town Clerk Taylor read Ordinance No. 06/04 by title. Attorney Randolph explained that this relates to the codification of the new code and this ordinance is a formality to adopt the new code as codified. Commissioner Anderson moved and Commissioner Wheeler seconded to adopt Ordinance No. 06/04 on first reading. There was no comment from the public. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. A. Resolution No. 006 -03; A RESOLUTION OF THE TOWN OF GULF STREAM, FLORIDA, AUTHORIZING THE MAYOR AND TOWN CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE MUNICIPALITIES OF OCEAN RIDGE, MANALAPAN, SOUTH PALM BEACH, AND PALM BEACH FOR COORDINATING AND THE PAYMENT OF FEES FOR INTERVENING IN THE ACTION WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION OPPOSING FIVE FOOT BIKE LANES ALONG AlA; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. Town Clerk Taylor read Resolution No. 06/03 by title. Mr. Randolph explained that this action is taking place in Tallahassee and this resolution authorizes the Mayor and Town Clerk to execute an interlocal agreement with Ocean Ridge, Manalapan, South Palm Beach and Palm Beach for coordination and the payment of fees for such intervention. Commissioner Anderson moved and Commissioner Wheeler seconded to approve Resolution No. 06/03. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. B. Interlocal Agreement Between Ocean Ridge and Gulf Stream COORDINATING INTERVENTION IN SUPPORT OF THE FLORIDA DEPARTMENT OF TRANSPORTATION IN THE ACTION BROUGHT AGAINST IT BY BRUCE ROSENZWEIG, BOCA RATON BICYCLE CLUB AND THE LEAGUE OF AMERICAN BICYCLISTS. Town Clerk Taylor read the Interlocal Agreement Between Ocean Ridge and Gulf Stream by title. Commissioner Devitt moved and Commissioner Orthwein seconded to approve entering into an Interlocal Agreement Between Ocean Ridge and Gulf Stream COORDINATING INTERVENTION IN SUPPORT OF THE FLORIDA DEPARTMENT OF TRANSPORTATION IN THE ACTION BROUGHT AGAINST IT BY BRUCE ROSENZWEIG, BOCA RATON BICYCLE CLUB AND THE LEAGUE OF AMERICAN BICYCLISTS and authorizing the Mayor and Town Clerk to execute the document. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. Town Commission September 8, 2006 Regular Meeting & Public Hearing Page 5 C. Letter requesting legal representation in lawsuit; City of Boca Raton et al. v. Palm Beach County. Mr. Randolph explained that the attorney in this lawsuit is requesting a letter for legal representation from each person he represents. He added that there would be no cost involved unless there is specific work that involves the town. The Attorney recommended sending the letter. Commissioner Wheeler moved and Commissioner Orthwein seconded approving sending the letter requesting legal representation in the lawsuit. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. D. Items by Mayor and Commissioners. Mayor Koch questioned the decibel level in the generator code. He is concerned that when the generators are at maximum speed, they would be very loud. Attorney Randolph advised that the maximum decibel level of 72 is what is required by code whether on idle or maximum speed. Commissioner Wheeler stated that manufactures should, and can, provide cut sheets describing the maximum decibel level but if that is a hardship, the town could hold them at a higher standard by reducing the current decibel level. Town Manager Thrasher stated that the contractors complained that the manufactures do not provide cut sheets for them. Commissioner Wheeler inquired about the recommendation from the ARPB regarding landscaping replacement. Mr. Thrasher stated that the ARPB recommended that staff appeal to residents thru correspondence to maintain the character of the town with lush landscaping. Commissioner Wheeler voiced his concerns regarding the merit pay. He does not believe that all employees should automatically receive the same merit increase. He believes that each employee should go through a review process on his /her ability and performance, and those who excel should receive a larger increase in pay. �) IX. Public. There was no comment from the public. X. Adjournment. Mayor Koch adjourned the meeting at 5:00 P.M. 'V`kJ( �c,6 Y' nne E. Eckert, CMC De�uty Town Clerk September 1, 2006 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Fred B. Devitt III Robert W. Hopkins II William A. Lynch PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, SEPTEMBER 8, 2006 AT 5:01 P.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. AGENDA I. Call to Order. II. Roll Call. III. Presentation of the Proposed Budget and Proposed Milla e Rate for Fiscal Year 2006 -2007. A. Explanation and discussion of Proposed Millage Rate as compared to the rolled back rate. B. Comment from the Commission and the public. IV ion of the 2006 -2007. Fund Tentative e Rate for V. Adoption of the Tentative Budget for Fiscal Year 2006 -2007 A. General Fund B. Enterprise Fund scal VI. Public Hearin2 Date for Final Adoption of Milla e Rate & Budget. VII. Ordinances for first reading. A. No. 06/5; 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 ON OCTOBER 1, 2006 AND ENDING ON SEPTEMBER 30, 2007. B. No. 0616; 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 ON OCTOBER 1, 2006 AND ENDING ON SEPTEMBER 30, 2007. C. No. 06/7; 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 FISCAL YEAR COMMENCING ON OCTOBER 1, 2006 AND ENDING ON SEPTEMBER 30, 2007. VIII. 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 PROEEDINGS, 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 MINUTES OF THE PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, SEPTEMBER 8, 2006 AT 5:01 P.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. P.M. II. Roll Call. Mayor Koch called the meeting to order at 5:01 Present and William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice Mayor Fred B. Devitt III Commissioner Muriel J. Anderson Commissioner Chris D. Wheeler Commissioner Also Present and William Thrasher Town Manager Participating: Edward Allen Lieutenant Skip Randolph Town Attorney Rita Taylor Town Clerk III. Presentation of the Proposed Budget and Proposed Millage Rate for Fiscal Year 2006 -2007. A. Explanation and discussion of Proposed Millage Rate as compared to the rolled back rate. Town Manager Thrasher explained that the proposed millage rate for fiscal year 2006 -2007 is 3.100 mills, which is 14.52 percent higher, then the calculated rolled back rate of 2.7070 mills. He asked if there were any comments. B. Comment from the Commission and the public. Commissioner Wheeler stated that the budget is well prepared and he has no objections adopting it but he would like to see a plan, approved by the Commission of how the merit increases would be distributed. The Commissioner believed that there is nothing unusual about government vs. the private sector that would prevent performing annual merit reviews and rewarding employees that excel. Mr. Thrasher explained that this is a small working environment and the employees do not perform one specific job. He recognized that not all employees perform on the same level. However, he is concerned that if the merit distribution changes it would encourage competition and discourage cooperation in the workplace. The town manager added that he would be requesting a 10 percent increase the water rates in the next fiscal year. C Lieutenant Allen added that the officers in the department all do a variety of work other than just police work and it would be difficult to evaluate one officer to another an officer because they all have diverse skills. Mr. Ganger -1443 N. Ocean Blvd. complimented the management of the town and suggested that the town offer an incentive program that rewards employees for outstanding service over and above the current system, which would remain in place. Town Commission - Public Hearing, Tentative Budget September 8, 2006 Page 2 IV. Adoption of the General Fund Tentative Millage Rate for Fiscal Year 2006 -2007. Commissioner Devitt moved and Commissioner Orthwein seconded to adopt the tentative millage rate of 3.100 mills for fiscal year 2006 -2007. There was no comment from the public. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. V. Adoption of the Tentative Budget for Fiscal Year 2006 -2007. A. General Fund Commissioner Devitt moved and Commissioner Orthwein seconded to adopt the tentative budget in the general fund of $2,494,703.00, for fiscal year 2006 -2007. There was no comment from the public. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. B. Enterprise Fund Commissioner Devitt moved and Commissioner Orthwein seconded to adopt the tentative budget in the enterprise fund of $805,000, for fiscal year 2006 -2007. There was no comment from the public. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. VI. Public Hearinq Date for Final Adoption of Millaqe Rate & Budget. Commissioner Orthwein moved and Commissioner Anderson seconded to set the date for public hearing date for final adoption of millage rate and budget for 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. VII. Ordinances for first readin A. No. 06/5; 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 ON OCTOBER 1, 2006 AND ENDING ON SEPTEMBER 30, 2007. Town Clerk Taylor read Ordinance No. 06/5 in its entirety. Commissioner Anderson moved and Commissioner Wheeler seconded to adopt Ordinance No. 06/5 on first reading. There was no comment from the public. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. B. No. 06/6; 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 ON OCTOBER 1, 2006 AND ENDING ON SEPTEMBER 30, 2007. Town Clerk Taylor read Ordinance No. 06/02 in its entirety. Commissioner Orthwein moved and Commissioner Anderson seconded to adopt Ordinance No. 06/06 on first reading. There was no comment from the Town Commission - Public Hearing, Tentative Budget September 8, 2006 Page 3 public. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. C. No. 06/7; 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 FISCAL YEAR COMMENCING ON OCTOBER 1, 2006 AND ENDING ON SEPTEMBER 30, 2007. Town Clerk Taylor read Ordinance No. 06/07 in its entirety. Commissioner Orthwein moved and Commissioner Anderson seconded to adopt Ordinance No. 06/07 on first reading. There was no comment from the public. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. VIII. Adjournment. Mayor Koch adjourned the meeting at 5:35 P.M. OYv nne E. Eckert, CMC De uty Town Clerk 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 20, 2006, 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. 06/5; 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, 2006 AND ENDING ON SEPTEMBER 30, 2007. NO. 06/6; 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, 2006 AND ENDING ON SEPTEMBER 30, 2007. NO. 06/7; 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, 2006 AND ENDING ON SEPTEMBER 30, 2007. 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 9, 2006 TOWN OF GULF STREAM, FLORIDA U-1- 4 Rita L. Taylor, Olown Clerk THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Marc Kramer, who on oath says that he is Inside Sales Supervisor of The Palm Beach Post, a daily and Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising for a Notice in the matter of Ordinances 06/5. 06/6 & 06/7 was published in said newspaper in the issues of September 9. 2006. Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she /he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. k-.an — 1L, Sworn to and subscribed before 11 "' day of September A.D. 2006 Personally known XX or Produced Identification Type of Identification Produced NOTARY PMLIC•STME OF FLORIDA *Expires: Kristen J, Maxfield cotamlasion #DD528685 MAR. 14, 2010 Bonded Thru Adandc Bonding Co., 1:14, 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, October 13, 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: O ORDINANCE NO. 06/04; AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. The proposed ordinance noticed here is available to the public on weekdays at the Town Hall, 100 Sea Road, Gulf Stream, Florida between the hours of 9:00 A.M. and 4:00 P.M. 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: October 1, 2006 TOWN OF GULF STREAM, FLORIDA Rita L. Taylor, own Clerk THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Marc Kramer, who on oath says that he is Inside Sales Supervisor of The Palm Beach Post, a daily and Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising fora Notic in the matter of Ordinance 06/04 was published in said newspaper in the issues of October 1. 2006. Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she/he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 16L%Ir-- t:L' Swom to and subscribed before 2nd day of Oc ober A.D. 2006 Personally known XX or Produced Identification Type of Identification Produced NOTARY PUBLIC -STATE OF FLORIDA Kristen J. Maxfield Cotnmissioa # DD528685 Expires: MAR. 14, 2010 Bonded Thru Allende Bonding Co., Inc. ,7 R' n