Loading...
HomeMy Public PortalAbout03/13/2009March 6, 2009 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 HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 13, 2009 AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. ArP.NnA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes of the Regular Meeting of February 13, 2009. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. April 9, 2009 @ 9 A.M. 2. May 8, 2009 @ 9 A.M. 3. Junel2, 2009 @ 9 A.M. 4. July 10, 2009 @ 9 A.M. 5. August 14, 2009 @ 9 A.M. 6. September 11, 2009 @ 9 A.M. B. Mayor's Proclamation 1. Proclaiming April 2009 as Water Conservation Month VII. Reports. A. Town Manager 1. Town Hall Building Improvements B. Architectural Review & Planning Board 1. Meeting Dates a. March 26, 2009 @ 8:30 A.M. b. April 23, 2009 @ 8:30 A.M. c. May 28, 2009 @ 8:30 A.M. d. June 25, 2009 @ 8:30 A.M. e. July 23, 20090 @ 8:30 A.M. C. Finance Director 1. Financial Report for February 2009 D. Police Chief 1. Activity Report for February 2009 VIII. Correspondence. A. Letter suggesting installation of pet waste stations -Erika Stewart. B. Resolution No. 2009 -003 from Town of Loxahatchee Groves Expressing Support For The Florida Legislature To Repeal Section 10(5) Of Chapter 2007 -67, Laws Of Florida Which Enacted A Moratorium On The Ability Of A Municipality, County, Or Other Unit Of Local Government's Right To Adopt Regulations Governing The Right To Purchase, Sell, Use, Or Possess Consumer Fireworks. C. Letter advising the Town Loxahatchee Groves that the Town of Palm Beach Shores supports their Resolution No. 2009 -003 related to the sale of fireworks. D. Resolution No. 2009 -004 from Town of Loxahatchee Groves Expressing Concern Regarding Increase In Truck Traffic Along Southern Blvd. And Other Routes That Will Result From The Transporting Of Solid Waste To The New County Landfill To Be Located In Close Proximity To The Town; Expressing Support For The Use Of The Florida East Coast Railway And CSX AGENDA CONTINUED X. Public. XI. 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 Railroad Tracks To Assist In The Transportation Of Solid Waste To New Landfill. E. Resolution No. 2009 -1682 From City Of Lighthouse Point Supporting House Bill 189 And Senate Bill 922, Pertaining To The Regulation Of Specific Breeds Of Dogs; Urging Municipalities In Florida To Support House Bill 189 And CD Senate Bill 922; Urging Greater Efforts To Protect The General Public From Dangerous Dogs. F. Resolution No. 09 -99 from City of Miramar Urging The Florida Legislature To Equalize Funding Based On Population To Provide Each Region Of Florida, Including South Florida, With Its Fair Share Of State Funding. IX. Items for Commission Action. A. ARPB Appointments. 1. Four Regular Members -3 year term each 2. Two Alternate Members -3 year term each B. Resolution No. 009 -1; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ESTABLISHING WATER RATES AND CHARGES BY RESOLUTION AS PROVIDED IN ORDINANCE NO. 03/4 AMENDING CHAPTER 34 UTILITIES AT ARTICLE II SECTION 34 -26 FOR THE OPERATION OF THE WATER DISTRIBUTION SYSTEM FOR THE TOWN; PROVIDING AN EFFECTIVE DATE. C. Additional Funding for Municipal Underground Utilities Consortium. 1. Formula as to how contributions are calculated. D. Funding for Town Hall re- roofing. E. Tabled Items. 1. ORDINANCE NO. 009/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 6 OF THE TOWN CODE OF ORDINANCES RELATING TO ANIMALS TO INCLUDE A NEW SECTION 6 -9 TITLED LEADING OF DOGS FROM CONVEYANCES UNLAWFUL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (1ST READING) F. Items by Mayor and Commissioners. X. Public. XI. 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 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 13, 2009 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. Mayor Participating: Joan K. Orthwein Vice Mayor Fred B. Devitt III Commissioner Muriel J. Anderson Commissioner Chris D. Wheeler Commissioner Also Present and Participating: William Thrasher Town Manager Garrett Ward Police Chief Rita Taylor Town Clerk IV. Minutes of the Regular Meeting of December 12, 2008. Commissioner Anderson moved and Commissioner Devitt seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, d There were no changes requested. VI. Announcements. A. Regular Meetings and Public Hearings 1. April 9, 2009 @ 9 A.M. 2. May B, 2009 @ 9 A.M. 3. Junel2, 2009 @ 9 A.M. 4. July 10, 2009 @ 9 A.M. 5. August 14, 2009 @ 9 A.M. 6. September 11, 2009 @ 9 A.M. Mayor Koch announced these dates. Commissioner would not be present for the June 12th meeting. rement of agenda items. Wheeler reminded that he B. Mayor's Proclamation 1. Proclaiming April 2009 as Water Conservation Month Town Clerk Taylor read the Mayor's Proclamation by title, Proclaiming April 2009 as Water Conservation Month. VII. Reports. A. Town Manager 1. Town Hall Building Improvements The Town Manager reported that the improvements on the town hall are progressing and he has reroofing quotes to be discussed later on the agenda. Regular Meeting & Public Hearing Town Commission March 13, 2009 page 2 Commissioner Wheeler asked if there were any unexpected items as it relates to budget. The Town Manager explained that there were some unexpected issues but everything is back on track. B. Architectural Review & Planning Board O 1. Meeting Dates a. March 26, 2009 @ 8:30 A.M. b. April 23, 2009 @ 8:30 A.M. c. May 28, 2009 @ 8:30 A.M. d. June 25, 2009 @ 8:30 A.M. e. July 23, 20090 @ 6:30 A.M. Mayor Koch announced these dates. C. Finance Director 1. Financial Report for February 2009 Mr. Thrasher asked that the Financial Report be if there were no questions. accepted as submitted, Commissioner Anderson asked if the water repairs are normal. The Town Manager stated that the repairs are normal. Commissioner Devitt asked about the percentage of property tax collected. The Town Manager said he has not seen anything out of the ordinary except anticipating next year's budget. Commissioner Wheeler moved and Commissioner Anderson 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 Report for February 2009 Chief Ward asked that the activity report for February 2009, be accepted as submitted, if there were no questions. He added that Officer James Green will be retiring from the department effective May, 2009, and he has already found a potential candidate to replace him. Commissioner Anderson asked about the theft in the report. The Chief explained that a swimming pool pump was stolen from a vacant house but it is believed it was taken by a former employee. VIII. Corresvondence. A. Letter suggesting installation of pet waste stations -Erika Stewart. The Commission discussed the offer from Ms. Stewart for the installation of pet waste stations. They agreed that while it is a good idea, they believed the Town does not have the manpower to monitor the waste station and it would not be cost effective. The Commission directed that a letter be sent to Ms. Stewart thanking her for her thoughtful gesture and authorizing Mayor Koch to sign the letter. X Regular Meeting & Public Hearing Town Commission March 13, 2009 page 3 B. Resolution No. 2009 -003 from Town of Loxahatchee Groves Expressing Support For The Florida Legislature To Repeal Section 10(5) Of Chapter 2007 -67, Laws Of Florida Which Enacted A Moratorium On The Ability Of A Municipality, County, Or Other Unit Of Local Government's Right To Adopt Regulations Governing The Right To Purchase, Sell, Use, Or Possess Consumer Fireworks. C. Letter advising the Town Loxahatchee Groves that the Town of Palm Beach Shores supports their Resolution No. 2009 -003 related to the sale of fireworks. D. Resolution No. 2009 -004 from Town of Loxahatchee Groves Expressing Concern Regarding Increase In Truck Traffic Along Southern Blvd. And Other Routes That Will Result From The Transporting Of Solid Waste To The New County Landfill To Be Located In Close Proximity To The Town; Expressing Support For The Use Of The Florida East Coast Railway And CSX Railroad Tracks To Assist In The Transportation Of Solid Waste To New Landfill. E. Resolution No. 2009 -1682 From City Of Lighthouse Point Supporting House Bill 189 And Senate Bill 922, Pertaining To The Regulation Of Specific Breeds Of Dogs; Urging Municipalities In Florida To Support House Bill 189 And Senate Bill 922; Urging Greater Efforts To Protect The General Public From Dangerous Dogs. F. Resolution No. 09 -99 from City of Miramar Urging The Florida Legislature To Equalize Funding Based On Population To Provide Each Region Of Florida, Including South Florida, With Its Fair Share Of State Funding. Town Clerk Taylor read the Resolutions by title. The Commission agreed that no action be taken on the Resolutions. IX. Items for Commission Action. A. ARPB Appointments. 1. Four Regular Members -3 year term each Commissioner Orthwein moved and Commissioner Wheeler seconded to reappoint Mr. Ganger and Mrs. White as regular members on the ARPB. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. Commissioner Orthwein moved and Commissioner Anderson seconded to appoint Mr. Morgan and Mr. Smith as regular members on the ARPB. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. 2. Two Alternate Members -3 year term each Mayor Koch suggested appointing Tom Wilson, 3223 Polo Drive, as an alternate member on the ARPB. Commissioner Orthwein mentioned that Mr. Wilson's house is up for sale. Commissioners Devitt and Wheeler were concerned appointing someone who would not be a long term resident. Regular Meeting & Public Hearing Town Commission March 13, 2009 page 4 Commissioner Orthwein moved and Commissioner Anderson seconded to appoint Mr. Wilson as an alternate member on the ARPB. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; NAY and Mayor Koch; AYE. O Mayor Koch urged the Commissioners to look for another alternate member. B. Resolution No. 009 -1; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ESTABLISHING WATER RATES AND CHARGES BY RESOLUTION AS PROVIDED IN ORDINANCE NO. 03/4 AMENDING CHAPTER 34 UTILITIES AT ARTICLE II SECTION 34 -26 FOR THE OPERATION OF THE WATER DISTRIBUTION SYSTEM FOR THE TOWN; PROVIDING AN EFFECTIVE DATE. Town Clerk Taylor read Resolution No. 009 -1 by title. She explained that this is a five percent increase to the residents to match Delray's five percent increase to the Town. Commissioner Devitt moved and Commissioner Anderson seconded to adopt Resolution No. 009 -1. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. C. Additional Funding for Municipal Underground Utilities Consortium. 1. Formula as to how contributions are calculated. Commissioner Wheeler thanked the town manager for the MUUC contribution formula but he still felt that the contributions are not equally based. Mr. Thrasher explained that the same formula has been used since the creation of MUUC and he still recommends the requested contribution of $1,543. He added that since the creation of MUUC, the total collected has been $341,509, of which the town's contribution has been $3,093, of the total. Mr. Thrasher stated that he believes that chance of winning against FP &L is good. Town Clerk Taylor added that FP &L has applied to get the 25% eliminated, which MUUC will be arguing against in front of the Public Service Commission. Commissioner Wheeler moved and Commissioner Devitt seconded to support the efforts of MUUC and approve $770 in additional funding to MUUC, adding that paying only half expresses the Town's position that the contributions are not equally based. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. The Town Manager advised that the Gulf Stream Civic Association believed that the efforts of MUUC are for a worthy cause and offered to pay all or part of the contribution to MUUC. He asked if he could send the full amount of the contribution to MUUC and have the Civic Association reimburse the Town. Regular Meeting & Public Hearing March 13, 2009 Town Commission page 5 The Commission agreed that the Civic Association could send any amount of contribution to MUUC. However, it would not be a part of the Town's contribution. D. Funding for Town Hall re- roofing. Town Manager Thrasher reported that he had gotten quotes from Ron Bell O Roofing, $35,960.00, Rooftec Corp. $34,757.00 and Gulf Stream Roofing, $31,999.00 for reroofing of the town hall. He added that he has had conversations with all of them and recommended Rooftec Corp. Mr. Thrasher mentioned that Rooftec is local, they are familiar with the roof, and when there were problems, they were always responsive to the Town's needs. The Town Manager requested an additional 15 percent overrun for unforeseen changes. Commissioner Devitt mentioned that he is familiar with Rooftec and agreed with the recommendation. Commissioner Wheeler asked the length of the warrantee. He suggested that if a Bitumen Membrane is used that roof would last much longer than with just hot mopping over paper. Mr. Thrasher stated that the warranty is 7 years. Commissioner Wheeler suggested that if a Bitumen Membrane is used, the contractor should offer a longer warranty. Commissioner Orthwein moved and Commissioner Anderson seconded tc approve the $34,757, proposal from Rooftec Corp., plus an additional $2,195 for the Bitumen Membrane with the condition that a 10 year warranty be secured and a 15 percent overage authorized with any expenditure over the bid amount having approval from the Mayor. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. E. Tabled Items. 1. ORDINANCE NO. 009/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 6 OF THE TOWN CODE OF ORDINANCES RELATING TO ANIMALS TO INCLUDE A NEW SECTION 6 -9 TITLED LEADING OF DOGS FROM CONVEYANCES UNLAWFUL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN 1 CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (1ST READING) The Commission agreed that government should not be involved in regulating the leading of dogs from moving vehicles. Commissioner Wheeler moved and Commissioner Devitt seconded to reject Ordinance No. 009/1. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. F. Items by Mayor and Commissioners. There were no items. X. Public. There was no public comment. Regular Meeting & Public Hearing March 13, 2009 Town Commission page 6 XII. Adjournment. Mayor Koch adjourned the meeting at 10:00 A.M. Q Yv nn Eckert, CMC De uty Town Clerk N