HomeMy Public PortalAbout07/10/2009MAYOR: 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 OF GULF STREAM ON FRIDAY, JULY 10, 2009
IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100
FLORIDA.
AGRNnA
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
July 2, 2009
THE TOWN COMMISSION OF
AT 9:00 A.M.
SEA ROAD, GULF STREAM,
IV. Minutes of the Regular Meeting of June 12, 2009.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Presentation of the Audit for Fiscal Year 2007 - 2008 -Ron Bennett.
VII. Announcements.
A. Regular Meetings and Public Hearings
1. August 14, 2009 @ 9 A.M.
2. September 11, 2009 @ 9 A.M.
3. October 9, 2009 @ 9 A.M.
4. November 13, 2009 @ 9 A.M.
5. December 11, 2009 @ 9 A.M.
VIII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by William Wietsma, as Agent for
Quarter Track LLC, the owners of property located at 555
Palm Way, Gulf Stream, Florida, which is legally described
as Lot 20, Polo Cove Subdivision.
a. LAND CLEARING PERMIT to clear the building site for
new construction.
b. SPECIAL EXCEPTION to permit 300 square feet of
covered, unenclosed roof projection that exceeds the
maximum permitted floor area ratio.
c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
construction of a two -story single family Gulf Stream
Bermuda style dwelling with 2 car garage, consisting
of 5,568.5 square feet, and a swimming pool.
IX. Reports.
A. Town Manager
B. Architectural Review & Planning Board
1. Meeting Dates
a. July 23, 2009 @ 8:30 A.M.
b. September 24, 2009 @ 8:30 A.M.
C. October 22, 2009 @ 8:30 A.M.
d. November to be determined
e. December 24, 2009 @ 8:30 A.M.
C. Finance Director
1. Financial Report for June 2009
D. Police Chief
1. Activity for June 2009
X. Correspondence.
A. Confirmation of Town Manager Certification from ICMA
AGENDA CONTINUED
XI. Items for Commission Action.
A.
Ordinance No. 008/10; AN ORDINANCE OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING
THE ADOPTED TOWN OF GULF STREAM COMPREHENSIVE PLAN BY
ADOPTING THE EAR BASED COMPREHENSIVE PLAN AMENDMENTS AS SET
FORTH HEREIN AND ATTACHED HERETO; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
l ,
HEREOF; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN
EFFECTIVE DATE. (2nd reading & adoption)
B.
Appointment of 2 Alternate Members for ARPB
C.
Presentation of Proposed Budget for 2009 -2010
1. Budget Consideration
2. Proposed Millage for 2009 -2010
3. Certification of Rolled Back Millage Rate
4. Date of First Public Hearing for Budget Adoption
5. Date of Second Public Hearing for Final Budget Adoption
D.
Items by Mayor and Commissioners
XII. Public.
XIII. 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 THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JULY 10, 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
Participating
Also present and
Participating:
William F. Koch, Jr
Joan K. Orthwein
(via telephone)
Fred B. Devitt III
Muriel J. Anderson
Chris D. Wheeler
William H. Thrasher
Rita L. Taylor
Garrett Ward
John Randolph
Ron Bennett
William Wietsma
Marty Minor
Mayor
Vice -Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Clerk
Police Chief
Town Attorney
Nowlen, Holt & Miner
Agent for
Quarter Track LLC
Urban Design Kilday
Studios
IV. Minutes of the Regular Meeting of June 12, 2009.
Commissioner Anderson moved and Commissioner Wheeler seconded to
approve the Minutes of the June 12, 2009 Commission Meeting as
circulated. All voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
There were no changes requested.
VI. Presentation of the Audit for Fiscal Year 2007 - 2008 -Ron Bennett.
Town Manager Thrasher introduced Ron Bennett, a Manager with the
firm of Nowlen, Holt & Miner, P.A., who presented the Audit
Report for Fiscal Year 2007 -2008. He thanked the Town for
allowing his Firm to serve as auditors again this year and he
thanked the Town's management and staff for their courtesy and
cooperation, and congratulated them for doing a good job. Mr.
Bennett prepared and distributed a 5 -year summary of the
financial history of the Town's revenues, expenditures, General
Fund Balance and the revenues and expenses for the Proprietary
Fund. He reviewed each item, starting with Revenues, which he
said have been amazingly consistent. Ad valorem taxes in 2008
were $343.00 more than 2007. This year, there was an excess of
revenues over expenditures of a little over $300,000. There were
some changes in the State of Florida's Chart of Accounts and, by
definition, an occupational license is now a local business tax
Regular Meeting & Public Hearing
Town Commission - July 10, 2009
Page 2
and a franchise fee is now a license, which explains why the
Licenses and Permits line item shows an increase in 2008 and
Local Business Tax now has its own category. Revenues have been
very stable, almost identical in 2007 and 2008, up slightly from
2006. 2008 Expenditures were almost identical to 2006 with a dip
in 2007. The increase was primarily in the Police Department
where expenditures for 2008 were about $260,000 more than in
2007. About $161,000 of that increase in expenditures was the
Police Department and about $78,000 was in capital outlay (non-
recurring items). In the Fund Balance for the last 5 years,
Reserved is larger than Unreserved, which is unusual. The reason
is the loan from the General Fund to the Water Fund of about $1.3
million. Other than that, the Unreserved balance is about 48% of
the total expenditures, which Mr. Bennett considers to be toward
the high end of a reasonable range. Mr. Bennett recommends a 25-
50% reserve. The total Fund Balance is over 100% of the
expenditures, but more than half of that is not available because
of the loan to the Water Fund. Mr. Bennett pointed out a couple
of interesting items in the Proprietary Fund. Revenues, except
for a slight drop in 2005, have increased slightly each year from
2004 to 2008. The change in net assets, which is essentially the
equivalent of net income, has fluctuated from a $55,000 loss to
$108,000 gain. What drives that is, all expenses, with the
exception of two categories, are very stable. Water Purchases
were stable except for one year. There were some leaks in 2006,
a large capital project in 2007 and then the cost of water went
back down. If you disregard 2006, revenues varied from $454,000
to $467,000, only a $13,000 variance over a 5 -year period, which
is very stable. The other item with less stability is Repairs
and Maintenance since you cannot control what may break and need
repair. Mr. Bennett said that an interesting thing about the
audit was the Water Fund's net profit of $218. With the Water
Fund owing the General Fund $1.3 million, it will have difficulty
paying back the loan with a $218 profit. Therefore, the Town
must decide whether to raise water rates to fund the repayment or
forgive the loan. Mayor Koch said he would prefer to write it
off and Mr. Bennett said that would be his preference, but it
would be up to the Commission to make that decision.
Mr. Bennett stated that the purpose of an audit is for an outside
CPA firm to render an opinion as to whether or not the financial
statements are fairly presented in accordance with generally
J accepted accounting principals. Nowlen, Holt & Miner have issued
a clean opinion this year saying the Town is in accordance with
generally accepted accounting principals. Mr. Bennett opened the
floor to questions. Commissioner Anderson asked about combining
the Water Fund and the General Fund. The Commissioners received
a memo from Town Manager Thrasher stating that he did not
recommend this and Commissioner Anderson wanted Mr. Bennett's
opinion. He stated he would be against it because it is a
Proprietary Fund which is like a for profit business.
Governmental accounting has different accounting rules for
different funds. The General Fund is a Governmental Fund where
Regular Meeting & Public Hearing
Town Commission - July 10, 2009
Page 3
the basis of accounting is called Modified Accrual Accounting
dealing with current assets and liabilities, no fixed assets.
The Water Fund is an Enterprise Fund, where the basis of
accounting is called Full Accrual Accounting. An income
statement and a balance statement would look pretty much the same
in an Enterprise Fund. An Enterprise Fund is funded by charges
for services provided and a Governmental Fund is funded by ad
valorem taxes and the Government would like those funds to be
separated.
Mayor Koch asked Mr. Bennett if his recommendation would be to
write off the water debt. Mr. Bennett said he would recommend
that, otherwise the Town would need a substantial rate increase
in order to pay down the principal as well as the interest. If
the debt is forgiven, it goes away and the General Fund will have
a reasonable fund balance. About 48% of the 2008 expenditures
are in the Unreserved fund balance. If there was no debt in the
Water Fund, there would have been a net profit of about $46,000,
but instead, $45,000 in interest was paid to the General Fund.
Mayor Koch stated that he would like to write off the debt,
Commissioner Anderson agreed and Mr. Bennett said that it would
be totally within the authority of the Town Commission to do so.
Commissioner Wheeler agreed and said he believes it is the Town's
responsibility to provide infrastructure and would feel
differently if the Town were trying to write off maintenance.
Commissioner Wheeler moved and Commissioner Anderson seconded the
motion to write off the outstanding debt of the Water Fund to the
Town. All voted AYE. Town Clerk Taylor said there would be a
Resolution presented to the Commission at the next meeting for
signatures to confirm this action.
Commissioner Wheeler moved and Commissioner Anderson seconded to
accept the Audit for Fiscal Year 2007 -2008 as presented by Mr.
Ron Bennett on behalf of Nowlen, Holt & Miner, P.A. All voted
AYE.
VII. Announcements.
A. Regular Meetings and Public Hearings
1. August 14, 2009 @ 9 A.M.
2. September 11, 2009 @ 9 A.M.
3. October 9, 2009 @ 9 A.M.
4. November 13, 2009 @ 9 A.M.
5. December 11, 2009 @ 9 A.M.
Mayor Koch noted the upcoming meetings concerning the budget and
stressed the importance of a quorum in order to approve budget
items. He asked for a commitment of attendance. Commissioner
Wheeler said he was okay with the regularly scheduled Commission
meetings and the September 11th Commission meeting and Budget
Hearing, but he was not sure about the second September Budget
Hearing date. Town Clerk Taylor noted the memo included in the
Commission packets giving the Commissioners a choice of three
dates for the second Budget Hearing. The dates are Tuesday,
Regular Meeting & Public Hearing
Town Commission - July 10, 2009
Page 4
September 22n6, Wednesday, September 23`d or Thursday, September
24th at 5:01 P.M. Both Commissioners Wheeler and Orthwein said
they will not be available for September 24th and both
Commissioners Anderson and Devitt said they will be available for
on all three dates. Town Clerk Taylor noted that the September
Budget Hearings take place at 5:01 P.M. The first will follow
the Commission Meeting on September 11, 2009 which will commence
at 4:00 P.M. The Commissioners chose Wednesday, September 23,
2009 at 5:01 P.M. for the second Budget Hearing. Notices will be
sent out and the September Commission Meeting and Budget Hearing
dates and times will be noted on the August Agenda.
VIII. PUBLIC HEARING.
Mayor Koch disqualified himself from the Public Hearing stating
his firm may be involved in the sale of this property, and passed
the gavel to Commissioner Devitt. Clerk Taylor asked if there
were any ex -parte communications on this matter. Vice -Mayor
Orthwein said that she spoke to Mr. Wietsma regarding
landscaping. Town Clerk Taylor acknowledged Vice -Mayor Orthwein
and administered the oath to William Wietsma.
Town Clerk Taylor read the following Application for Development
Approval:
A. Applications for Development Approval
1. An application submitted by William Wietsma, as Agent for
Quarter Track LLC, the owners of property located at 555
Palm Way, Gulf Stream, Florida, which is legally described
as Lot 20, Polo Cove Subdivision.
a. LAND CLEARING PERMIT to clear the building site for
new construction.
b. SPECIAL EXCEPTION to permit 300 square feet of
covered, unenclosed roof projection that exceeds the
maximum permitted floor area ratio.
c. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
construction of a two -story single family Gulf Stream
Bermuda style dwelling with 2 car garage, consisting
of 5,568.5 square feet, and a swimming pool.
Mr. Wietsma took the podium and said that he designed the house
on a corner lot which means there are additional setbacks to deal
with. Normally the design would be a 70 -foot wide house, but
because it sits on a corner lot, the design is a 65 -foot house
and is in 100% compliance with the Town Code. It is an Anglo-
Caribbean style home with the front facing South on Palm Way.
The structure consists of a two -story middle with one story on
each side. Commissioner Wheeler moved and Commissioner Anderson
seconded the motion to recommend approval of a land clearing
permit. All voted AYE. Commissioner Wheeler moved and
Commissioner Anderson seconded the motion to recommend approval
to permit 300 SF of covered unenclosed roof projection that
exceeds the maximum permitted floor area ratio. All voted AYE.
Commissioner Wheeler moved and Commissioner Anderson seconded the
motion to recommend approval of the Level III Architectural /Site
Regular Meeting & Public Hearing
Town Commission - July 10, 2009
Page 5
Plan based on a finding that the proposed demolition of the
existing structures and the construction of a two -story Gulf
Stream Bermuda style single family dwelling with attached 2 -car
garage consisting of 5,568.5 SF and a pool meet the minimum
intent of the Design Manual and applicable review standards with
the following conditions:
1. Electric Service line shall be buried if they are not
O already.
2. The dock, boat and lifts will conform to the section 66-
369 in entirety.
3. Prior to the issuance of a Certificate of Occupancy the
owner of the property shall prepare and record a deed
restriction which shall provide that all unenclosed roof
projection areas as approved shall remain so for as long
as the structure is in existence or exceeds the maximum
permissible FAR.
4. Prior to the issuance of a Certificate of Occupancy, the
owner of the property shall prepare and record a Gulf
Stream Driveway Removal Agreement.
5. The landscape plan, as shown, is conditionally approved;
however, in the event of any minor modifications, the
landscape plan will be submitted to the Town Manager for
his review and approval. If major modifications are made
to the landscape plan, it will be brought back before the
ARPB for their review and approval, prior to commencement
of landscaping.
Before a roll call of votes, Vice -Mayor Orthwein asked Mr.
Wietsma if it would make more sense to locate the generator
closer to the propane tank. Mr. Wietsma stated that, from his
standpoint, it makes more sense to locate the generator where the
power comes into the house as planned. He said it would be
surrounded by a hedge and the generator was very quiet.
All Voted AYE.
Commissioner Devitt returned the gavel to Mayor Koch.
IX. Reports.
A. Town Manager
Town Manager Thrasher had one item on his report and had asked
Linda Harvel to join the meeting. He explained that one Saturday
each year Ms. Harvel attends the Hurricane Expo and throughout
i the year she participates in CRS organizational meetings as it
relates to our Community Rating System on our insurance. The
Town received a letter stating that as of June 19, 2009, the Town
of Gulf Stream's CRS rating has gone from an 8 to a 7, which
means that those residents located in a flood plain area will
receive an additional 5% discount on top of the current 10%
discount when they buy their flood insurance. Town Manager
Thrasher said this would not have been possible without Ms.
Harvel's assistance and thanked her. Mayor Koch asked if
insurance companies will be aware of the change in the Town's
rating when residents purchase their flood insurance. Town
Manager Thrasher confirmed that insurance companies will be
Regular Meeting & Public Hearing
Town Commission - July 10, 2009
Page 6
informed by the same organization that the informed the Town. He
said that the Town encourages its residents to call them to find
out what flood zone they are in and that it is a requirement of
the Town to provide this information on a timely basis and make a
record of when this information was provided. Commissioner
Wheeler also thanked Ms. Harvel.
B. Architectural Review & Planning Board
1. Meeting Dates
a. July 23, 2009 @ 8:30 A.M.
b. September 24, 2009 @ 8:30 A.M.
c. October 22, 2009 @ 8:30 A.M.
d. November to be determined
e. December 24, 2009 @ 8:30 A.M.
There were no comments or questions from the Commission
concerning the scheduled Architectural Review Planning Board
meetings.
C. Finance Director
1. Financial Report for June 2009
Town Manager Thrasher asked for approval of the Financial
Report as submitted. Commissioner Anderson asked for a
clarification of Check #7281. Town Manager Thrasher
explained that it is the Special Magistrate fee for Code
Enforcement actions. The Town must hire an attorney to
preside over a hearing and make a ruling. The Town has
renewed its contract with Glen J. Torcivia & Associates for
Special Magistrate services and there is a fee for which the
Town is often obligated to pay. Commissioner Devitt asked if
this occurred often and Town Manager Thrasher said it was not
very often. Commissioner Devitt asked if the homeowner shows
up for a hearing and Town Manager Thrasher said they do. He
explained that hearings are held for reasons such as code
enforcement violations. Commissioner Wheeler asked about the
loser paying the Special Magistrate cost. Town Manager
Thrasher explained that that was the objective and fines are
assessed. Commissioner Wheeler asked that when the Special
Magistrate opines, does the Town pay the cost if they lose
the case and does the resident pay the cost if they lose? If
not, could the Town adopt an ordinance stating that
henceforth, the loser of the case pays the fee? Town Manager
Thrasher explained that when the Town wins and there is no
corrective action, a fine is assessed. Attorney Randolph
stated that the Code Enforcement Statute is very specific and
the Town must follow it directly. It does not have that
provision in it. It does include a provision where the Town
can assess costs and often, in addition to a fine, the Town
can assess a fine for costs. Attorney Randolph said that in
other municipalities, a typical magistrate fee would be
$150.00 and asked if the Town cites for costs as well as
fines. Town Clerk Taylor stated that fines have always been
larger than costs and the Town has only lost one case which
was several years ago and they had to absorb the Special
Regular Meeting & Public Hearing
Town Commission - July 10, 2009
Page 7
Magistrate fee. Town Manager Thrasher stated that fines can
be as high as 250.00 a day. Commissioner Wheeler stated that
he would like to address this matter again and rule that the
loser of the case is responsible for the cost. Commissioner
Anderson moved and Commissioner Devitt seconded to approve
the Financial Report as submitted. All voted AYE.
0 D. Police Chief
1. Activity for June 2009
Chief Ward said that in the interest of Commissioner
Anderson's inquisitiveness regarding grand theft, the Town
has had another incident where a wallet was stolen from a
residence during a party given by the owner. There was less
than $100.00 in the wallet, but the wallet was valued at
$600.00. Commissioner Wheeler moved and Commissioner
Anderson seconded to approve the Activity Report for June,
2009.
X. Correspondence.
A. Confirmation of Town Manager Certification from ICMA
Town Clerk Taylor read a portion of the certification letter to
the Commission, a copy of which was included in their packet.
"Thank you for submitting the annual update required to maintain
the credential. Your submission was good and has been reviewed
by the Credentialing Advisory Board. You will soon receive an
updated certificate." She said, "and then they close by saying,
We congratulate you and support you as you continue to fulfill
your professional development plan and pursue the goal of
lifelong learning. Your commitment to professional development
is so important to the public we serve, and the profession will
respect you for lifelong learning and growing." Mayor Koch noted
that Town Manager Thrasher is also on the Board of the Palm Beach
County League of Cities.
XI. Items for Commission Action.
A. Ordinance No. 008/10; AN ORDINANCE OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING
THE ADOPTED TOWN OF GULF STREAM COMPREHENSIVE PLAN BY
ADOPTING THE EAR BASED COMPREHENSIVE PLAN AMENDMENTS AS SET
FORTH HEREIN AND ATTACHED HERETO; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREOF; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN
EFFECTIVE DATE. (2nd reading & adoption)
Town Clerk Taylor announced that this is the second reading of
Ordinance 008/10 and read the Ordinance title. Clerk Taylor said
the Ordinance passed first reading on October 10, 2008 and is
being presented today for adoption. She announced that Marty
Minor, who represents the planning firm of Urban Design Kilday
Studios, worked on this project and was present to answer any
questions. Commissioner Devitt asked if the maps are completely
accurate and Clerk Taylor said there was one error where a
section of the County shows as part of the Town, which is an area
Regular Meeting & Public Hearing
Town Commission - July 10, 2009
Page 8
of condos along AlA. Commissioner Wheeler asked if the FIND land
is within the boundaries of the Town and Clerk Taylor confirmed
that it is. Commissioner Devitt asked about the REC property and
the Mayor stated that it belongs to the Golf Club. Commission
Wheeler asked about the small blue section next to the REC
property and the Mayor said it is the FIND property. Mayor Koch
asked if the Ordinance would be submitted to the State and Clerk
O Taylor asked Mr. Minor to address the question. Mr. Minor said
that following adoption of the Ordinance, it would be sent to the
State and to the Treasure Coast Planning Council and, by statute,
the State has 45 days to express any concerns or issue an appeal.
He said that during the.past 6 weeks he has worked with the DCA
who provided an informal review and had no concerns.
Commissioner Wheeler noted that there were no material changes
over the years and Mr. Minor said that any changes made to date
were mostly updates to reflect new material and eliminate old
material. Commissioner Wheeler asked if the Town was required by
law to update at regular intervals. Mr. Minor said the required
update it is usually every 5 years and this is the first update
for the Town because the previous requirement had a population
cap and Towns below that cap did not have to update. That cap
has now been removed. Commissioner Wheeler moved and
Commissioner Anderson seconded to approve the 2nd reading and
adopt Ordinance 008/10. All voted AYE.
B. Appointment of 2 Alternate Members for ARPB
Town Clerk Taylor brought attention to a letter of interest
included in the Commission packet from Mr. Malcolm Murphy. The
Mayor asked if anyone knew Mr. Murphy and Commissioner Anderson
said she recommended him. Commissioner Anderson said that Mr.
Murphy was formerly the President of Place Au Soleil and is
currently a Director on the Civic Association Board. She said he
is very active, knowledgeable and willing to do the work of the
ARPB. He is in Town all year, but Mr. Murphy was previously with
Day Jet and they declared bankruptcy. Therefore, he is seeking
employment and may have to leave, but as long as he is in Gulf
Stream, he will be available as an Alternate. If he must resign,
Commissioner Anderson said there was someone else who is also
here all year and would step in. Commissioner Anderson moved and
Commissioner Wheeler seconded the motion to appoint Malcolm
Murphy as an Alternate to the ARPB. Vice -Mayor Orthwein stated
that she votes AYE based on Commissioner Anderson's
Jrecommendation and Commissioner Wheeler stated that the reason
for his second was based on Commissioner Anderson's
recommendation. All voted AYE. Clerk Taylor noted that there is
one more Alternate to be appointed to the ARPB.
C. Presentation of Proposed Budget for 2009 -2010
1. Budget Consideration
Mayor Koch informed the Commission that the City of Delray
returned a revised Fire Contract to the Town. The City turned
down the Town's proposal and came back with another Contract.
It was received the afternoon before the Commission Meeting
which did not allow time for review by the Commission prior to
Regular Meeting & Public Hearing
Town Commission - July 10, 2009
Page 9
the meeting. Mayor Koch said it will take some discussion and
will be on the August Commission Agenda and distributed for
review prior to the meeting. Town Manager Thrasher noted that
the Town has until September 30, 2009 to renew the Fire
Contract with the City of Delray. Commissioner Devitt asked
if there was anything different about the new Contract. Town
Manager Thrasher said that there were two differences in the
new Contract. The first is the amount of money, which has
been incorporated into the Town's proposed budget. The second
difference is the removal of the clause in the previous
Contract referring to an additional cost to Town when Station
#2 is fully- staffed.
Town Manager Thrasher stated that the proposed 2009 -2010
Budget was provided in the Commission packet for review and a
memo was distributed prior to the meeting explaining certain
line items. He noted that this budget incorporates the new
Fire Contract fees representing almost an 84% increase in
costs for that single line item, which is a major increase to
this budget. The Town does not control those fees and does
not have the ability to reduce them. Town Manager Thrasher
stated that the budget was created by using the roll back
rate. This year it is a roll up. Last year's millage rate
was 2.8655. The proposed budget has a millage rate of 3.0437
This budget proposes an increase in the millage rate, but it
is not an increase in tax dollars to the residents. It
provides the same revenue to the Town as last year. Total
revenues to the Town have gone up less than one -half of a
percentage point, or .47 %. Expenditures have gone up by that
same amount. The proposed budget provides a $38,000
contingency at this time. However, additional information is
still being gathered on various lines items and, therefore,
the contingency amount could change. Gross Taxable Values
have gone down by 5.5% for the first time in the 15 -year
history of tracking those numbers, which is provided as part
of this budget. The Town has never experienced this before,
but it is largely due to State law and how we have been made
to conform to these laws in some respects. The proposed
budget includes a 2% increase in salaries. There have been
personnel changes in both Administration and the Police
Department. The new Administrative Assistant's salary is not
the same as that of the employee that left that position and
she is not entitled to a 2% salary increase. As turnover
takes place in the Police Department, new officers come in on
a step increase program and are not entitled to a 2% salary
increase. Overall cost for salaries from 2008/2009 to this
proposed budget is up one -tenth of 1 %, or $329.00. It is the
same scenario for the Police Department, but they have more
employees. Their overall wages are up .66 %, a little over
one -half of a percentage point, for a total of $5,178, which
is spread over 11 employees. A salary adjustment for the
Maintenance Specialist is proposed for various reasons, but
primarily because of his ability to assist in a wide range of
Regular Meeting & Public Hearing
Town Commission - July 10, 2009 Page 10
activities. In previous years, maintenance specialists were
not able to perform such functions. Capital is substantially
reduced, but it is adequately provided for.
Commissioner Wheeler asked what the amount of revenue would be
if the millage rate was not increased. Town Manager Thrasher
said it would be approximately $125,000 less. Commissioner
Wheeler wanted to know, if the Town did not increase the
millage rate and found a way to absorb the hit for property
values, where could we pull $125,000 out of this budget? What
would the Town have to endure in order to not move the millage
rate? Commissioner Wheeler said that he is not advocating
this, but he believes this would be a healthy exercise for the
Town and very helpful when talking to residents when they ask
why the Town changed the millage rate. Can we say that unless
we change the millage rate it would cost a police officer, a
car, a staff person, a reduction in services? Commissioner
Wheeler asked Town Manager Thrasher to look into what the Town
would have to do to absorb a decrease of $125,000 in revenue.
Town Manager Thrasher noted that during this Commission
Meeting a tentative millage rate must be set as it will be
advertised. Clerk Taylor said that the millage rate set at
the meeting can be lowered, but not increased. Commissioner
Wheeler said he was comfortable with the concept, but he would
like Town Manager Thrasher to look into how the Town would be
able to absorb a decrease in revenue and not increase the
millage rate and repeated that he is not advocating this, but
believes it is a healthy discussion that the Commission should
have.
Commissioner Devitt asked if the proposed budget includes the
new Fire Contract fees. Town Manager Thrasher confirmed that
it does.
Mayor Koch stated that there is a large increase in benefits.
Town Manager Thrasher said that administrative benefits as
listed show a decrease of .45 %. The new Administrative
employee does not qualify for retirement benefits for 6 months
and does not qualify for insurance benefits until after 30
days of employment, which the numbers attempt to reflect. The
Police Department shows an increase of 2.72% in overall
benefits, but benefits have not increased and the platform has
not changed. This is the 3=d year the platform remains in
consistent format. Town Manager Thrasher said that as
insurance quotes come in, he may have to retract some of these
statements, but what the proposed budget shows is a stable
platform of benefits from last year to this year and,
actually, from 2 years ago to this year.
Concerning the Capital line item for Streets, Commissioner
Wheeler asked if Town Manager Thrasher anticipates an expense.
He asked if the number is based on history or does the Town
anticipate spending the $35,000 on something specific. Town
Regular Meeting & Public Hearing
Town Commission - July 10, 2009
Page 11
Manager Thrasher said he does anticipate some things. There
is the consistent need for paving and the challenge is when we
do it and the type of paving process used. It was discovered
that simple overlay in the core district does not work well.
Commissioner Wheeler said that if the Town does it every year,
the numbers are fine, but if the Town anticipates a specific
expense, that would be different. Town Manager Thrasher said
there is anticipation of a storm drain change -out problem at
Polo and Banyan. He has no idea of what the extent would be,
but a problem is coming to the surface. In addition, in
discussions with the President of Place Au Soleil, there is a
proposal for a cooperative effort between the Town and the
Association for a modification to their entrance way.
Commissioner Wheeler asked why the expenditure for Garbage
Collection is $132,000 and on the Revenue side, it is $126,000
and wanted to know why the line items do not balance. He
asked why the Town is not recovering solid waste cost through
the revenue source. Town Manager Thrasher said he did not
want to increase fees to residents. Commissioner Wheeler
asked if the Town was recovering the cost through millage rate
or user fees. He stated that the concept is to make the user
pay and with a material change in garbage services he would
rather recover the cost with garbage fees as opposed to
increasing the millage rate. We do not want to bury a cost
item into millage rate if there is a fee to recover it. The
idea is to match the cost to the fee we charge. Vice -Mayor
Orthwein said that would be her preference also, rather than
bury the cost in the budget. Town Manager Thrasher said he
assumes the Town is going with the roll back rate, which has
worked 5 out of 7 years and believes it will work in a time
when we have decreased values. There will be an increase in
millage rate, but not an increase in taxes. Town Manager
Thrasher said that the budget numbers for garbage are his
guesses because he has not yet received information from Waste
Management as to what the new fees will. Commissioner Wheeler
said that we need to adjust our revenues to cover the costs.
Commissioner Devitt asked about the $24,000 additional storage
expansion design cost. Town Manager Thrasher said there was
some discussion by the Commission about 4 months ago
concerning the enlargement of our facility and he was
anticipating design costs. Mayor Koch said there is a need
for additional storage space on site. Commissioner Anderson
asked if the $24,000 was for design and building. Town
Manager Thrasher said it was for the design only. Mayor Koch
felt it was high just for design. Commissioner Wheeler asked
what the objection would be to paying a monthly fee to a
storage facility off the island with the threat of hurricanes
and flooding. Mayor Koch said he has witnessed the time and
effort that goes into working around limited space and sees a
need for a better and secure storage area on site rather than
moving documents back and forth to the mainland. Clerk Taylor
Regular Meeting & Public Hearing
Town Commission - July 10, 2009
Page 12
said the Town does not retain many documents passed the date
the State allows us to dispose of them. Staff is in and out
of documents we have stored on site on a regular basis and can
quickly answer a caller's question, provide a copy of a
document or respond to a public records request in a timely
manner. Roll plans and larger storage items are kept in the
maintenance building. Commissioner Devitt asked if the idea
is to add on to the main building or build a separate
C facility. Town Manager Thrasher said he thought the talk was
to add on to the main building, but it could be an addition to
the maintenance building or a free - standing building. Vice -
Mayor Orthwein said a free - standing hurricane -proof building
would be a better option.
Commissioner Wheeler asked if the half -cent sales tax in
Florida's revenue sharing is determined by population. Town
Manager Thrasher said that it is part of the formula and the
State is becoming more involved with the distribution of
funds. One significant thing is that the State is taking an
additional $5.00 out of every ticket written. Sales tax is
provided to us in the LGIR, which every local government
receives, and it is the estimated yearly revenues for such
things. The State has now revised the estimate from the
previous year and it is no longer a method governments have as
a tool for estimating their revenues. The revenue the Town
generates from writing tickets is insignificant and other
towns are writing more tickets and receiving less money.
Commissioner Wheeler said that all of his preliminary
questions have been answered and he will have others at the
next meeting when we have the discussion concerning millage.
2. Proposed Millage for 2009 -2010
Town Manager Thrasher said that what the Commission had before
them was a proposed millage rate of 3.0437. Commissioner
Devitt moved and Commissioner Anderson seconded to adopt the
proposed maximum millage rate not to exceed 3.0437. All voted
AYE.
3. Certification of Rolled Back Millage Rate
Town Manager said that the proposed Millage Rate is the same
as the Roll Back Rate. The Roll Back Rate is 3.0437.
Commissioner Anderson moved and Commissioner Devitt seconded
to certify the Roll Back Rate at 3.0437. All voted AYE.
4. Date of First Public Hearing for Budget Adoption
Town Clerk Taylor asked for a motion to set the date of the
first Public Hearing for budget adoption on the regular
meeting date of September 11, 2009 at 5:01 P.M. Commissioner
Wheeler moved and Commissioner Devitt seconded to set the date
of First Public Hearing for budget adoption on the regular
Regular Meeting & Public Hearing
Town Commission - July 10, 2009
Page 13
meeting date of September 11, 2009 at 5:01 P.M. All voted
AYE.
5. Date of Second Public Hearing for Final Budget Adoption
Town Clerk Taylor asked for a motion to set the date for the
second Public Hearing for final budget adoption on the date
agreed upon of September 23, 2009 at 5:01 P.M. Commissioner
Wheeler moved and Commissioner Devitt seconded to set the date
l for the second Public Hearing for final budget adoption for
September 23, 2009 at 5:01 P.M. All voted AYE.
D. Items by Mayor and Commissioners
Mayor Koch reminded the Commissioners that the Fire Contract
would be on the August Agenda.
XII. Public. There was no public comment.
XIII. Adjournment. Mayor Koch adjourned the meeting at approximately
10:10 A.M.
Gail C. Abbale
Administrative Assistant
FORM 86 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
KOCH. JR.. WILLIAM F:
545 Golfview Drive
CITY
NAME OF BOARD.
OR
THE BOARD, COUNCIL COMMISSION, AUTHORITY, OR COMMITTEE ON
WHICH 1 SERVE IS A UNIT OF:
X CCI IY . COUNTY 'OTHER LOCAL AGENCY
NAML OF POLITICAL SUBDIVISION:
Town of Gulf Stream, FL
MY POSITION IS:
X ELECTIVE APPOINTIVE
WHO MUST FILE FORM 61111
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited froth knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
• You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
1 IrjW \I H ,1, or
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
OF LOCAL OFFICER'S INTEREST
►, Wi 11 i am F _ Koch , Jr . , hereby disclose that on July 10, 2009 , 19—
(a) A measure came or will come before my agency which (check one)
inured to my special private gain; or
X inured to the special gain of William F. Koch, Jr. Realty , by whom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
The real estate agency with which I am associated participated in
the sale of the property located at 555 Palm Way, Gulf Stream, FL.
The-Agent/Architect/Contractor for-this project, William Wietsma,is
applying for permit approval to construct a new dwelling on this property.
-The decision rests with the Town Commission which I am a member of.
7_1n_ne _
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985),'A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY'ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE Ok EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND „OR A CIVIL PENALTY NOT TO EXCEED 55,000.
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