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.
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Yv nn Eckert, CMC
De uty Town Clerk
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