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HomeMy Public PortalAbout08/14/2009MAYOR: 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 / THE TOWN OF GULF STREAM ON FRIDAY, AUGUST 14, �j IN THE COMMISSION CHAMBERS OF THE TOWN HALL, FLORIDA. AGF.NnA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes. A. Regular Meeting of July 10, 2009 B. Special Meeting of July 21, 2009 August 6, 2009 BY THE TOWN COMMISSION OF 2009 AT 9:00 A.M., 100 SEA ROAD, GULF STREAM, V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Mayor's Proclamation of "Florida Water B. Regular Meetings and Public Hearings 1. September 11, 2009 @ 4 P.M. 2. October 9, 2009 @ 9 A.M. 3. November 13, 2009 @ 9 A.M. 4. December 11, 2009 @ 9 A.M. C. Budget Hearings 1. September 11, 2009@ 5:01 P.M. 2. September 23, 2009 @ 5:01 P.M. VII. Reports. A. Town Manager 1. Update on 2009/2010 Tentative Budget B. Architectural Review & Planning Board 1. Meeting Dates a. September 24, 2009 @ 8:30 A.M. b. October 22, 2009 @ 8:30 A.M. c. November to be determined. d. December 24, 2009 @ 8:30 A.M. e. January 28, 2010 @ 8:30 A.M. C. Finance Director 1. Financial Report for July 2009 '2. Water Usage as of July 31, 2009 D. Police Chief 1. Activity for July 2009 VIII. Correspondence. Professionals Week" A. Resolution #2009 -013 encouraging the Palm Beach County Commission to implement recommendations of Grand Jury in reference Palm Beach County Governance & public corruption issues -Town of Loxahatchee Groves. IX. Items for Commission Action. A. Resolutions 1. No. 009 -5; A Resolution Of The Town Commission Of The Town Of Gulf Stream, Palm Beach County. Florida, Authorizing The Forgiveness Of A Loan From The Town's General Fund To The Town's Enterprise (Water) Fund In The Amount of $1,268,567.23, As Of July 14, 2009; Providing For An Effective Date. AGENDA CONTINUED 2. No. 009 -6; A Resolution Of The Town Commission Of The Town Of Gulf Stream, Florida Providing For The Appropriations Of Budget Expenditures In The General Fund For The Fiscal Year Ending September 30, 2009; Providing An Effective Date. 3. No. 009 -7; A Resolution Of The Town Commission Of The Town Of Gulf Stream, Florida Providing For The Appropriations Of Budget Revenues In The Water Fund For The Fiscal Year Ending September 30, 2009; Providing An Effective Date. 9. No. 009 -8; A Resolution Of The Town Of Gulf Stream, Palm Beach County, Florida, Requesting The Assistance Of Governor Crist And The Florida Legislature In Order To Provide Adequate Funding And Stronger Legislation Directed Toward Solutions For The Enormous Problem Of Beach Erosion Within The State Of Florida; Providing An Effective Date; And For Other Purposes. B. Request for approval of distribution in Palm Beach County of FY2010 Edward Byrne Memorial JAG Program Funds. C. Items by Mayor & 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. 266.0105 C Mr MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, AUGUST 14, 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 William B. Thrasher Town manager Participating: Rita L. Taylor Town Clerk Garrett Ward Police Chief John Randolph Town Attorney IV. Minutes. A. Regular Meeting of July 10, 2009 Commissioner Anderson noted that at the July 10, 2009 meeting she mentioned that she had someone else in mind if Malcolm Murphy did not take the Alternate position on the ARPB, but had not contacted anyone else yet. With that correction, Commission Wheeler moved and Commissioner Anderson seconded to approve the Minutes of the July 10, 2009 Regular Meeting. All voted AYE. B. Special Meeting of July 21, 2009 Commissioner Devitt moved and Commissioner Wheeler seconded to approve Minutes of the July 21, 2009 Special Meeting. All voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes requested. VI. Announcements. A. Mayor's Proclamation of "Florida Water Professionals Week" Town Clerk Taylor presented the Mayor's Proclamation proclaiming the week of August 17 - 21, 2009 Water Professionals Week. She explained that the State is recognizing professionals operating and maintaining water treatment plants and other water utilities in the State of Florida. A motion to approve the Mayor's signature is not required. Regular Meeting & Public Hearing Town Commission - August 14, 2009 Page 2 B. Regular Meetings and Public Hearings 1. September 11, 2009 @ 4 P.M. 2. October 9, 2009 @ 9 A.M. 3. November 13, 2009 @ 9 A.M. 4. December 11, 2009 @ 9 A.M. C. Budget Hearings 1. September 11, 2009 @ 5:01 P.M. 2. September 23, 2009 @ 5:01 P.M. Mayor Koch said that the Regular Meeting and Budget Hearing dates were discussed and assumes that everyone is available, especially on September 11th and 23`d. Clerk Taylor noted that the Regular Meeting is at 4:00 P.M. on Friday, the 11th, and the Budget Hearing is on Wednesday, the 23rd. All Commissioners will be attending. VII. Reports A. Town Manager 1. Update on 2009/2010 Tentative Budget Town Manager Thrasher referred to the 2009/2010 Tentative Budget dated July 29, 2009. He explained that the roll back rate of 3.0437 was used for determining the property tax revenues, the Fire Contract with Delray Beach has been finalized and there is a large increase of $132,000 in that line item, and expenditures have been reduced by 7/100 of a point. Town Manager Thrasher noted that minor changes have been made to the budget and there will be additional minor changes as time goes on. At the last Commission Meeting, Town Manager Thrasher was asked to adjust the revenues to match the expenditures for Solid Waste pickup, which he has done. He noted that the Town has not received a new contract from Solid Waste, therefore, exact numbers for next year are unknown at this time. Town Manager Thrasher was also asked to recommend alternatives to maintain the current millage rate and to recommend reductions in the budget. Town Manager Thrasher reminded the Commission that whatever revenues are set this year will be the base -lying revenues for next year as it relates to the roll back rate. In addition, he noted that there is a 5% Escalator Clause in the Fire Contract. Town Manager Thrasher suggested that one answer to residents would be that the Town has not increased taxes, but the millage rate will increase. Revenues will be the same as last year and, therefore, the dollar amounts should be the same to the residents. With regard to the Commission's request for optional reductions in order to maintain the existing millage rate, Town Manager Thrasher said he would remove the contingency of $37,588, remove the paving expenditure of $50,000, remove the storage expansion design cost of $24,000, remove $10,000 for burying cable and remove the $5,000 expenditure for the Place Regular Meeting & Public Hearing Town Commission - August 14, 2009 Page 3 Au Soleil entrance modification. All of the above, excluding contingency, are from the capital budget. Another alternative would be to take the entire amount from the unreserved fund balance, maintaining capital levels and contingency. The last alternative would be a combination of both. Mayor Koch asked Town Manager Thrasher if he looked into reducing Police Department staff because he thought the Town may have more officers than necessary and asked Chief Ward why the Department maintained a part -time officer. Chief Ward explained that the part -timer is the Code Enforcement Officer who works at a lower rate, without benefits, and is the backup for vacation and sick leave. Commissioner Wheeler stated that he had no particular agenda when he asked Town Manager Thrasher to present alternatives and reductions in the budget, but noted the reductions were one -time items. Commissioner Wheeler made it clear he was not advocating a reduction in payroll or staff, but thought it would be a healthy discussion to prepare for budget - related questions from residents. He asked Town Manager Thrasher how the Town would systemically sustain long -term operations with a lower revenue base. Would the Town cut a police officer or a staff member, and how would that affect the service level? The Commissioners agreed that, although these are difficult questions to ask and answer, this discussion should take place. Town Manager Thrasher stated that this would not be the time to make such adjustments, but if the Town sustains a negative input to the budget, adjustments would have to be made to recurring costs. He added that the discussion seemed to be irrelevant to the fact that for the past seven years the Town has had rolled back rates. Commissioner Wheeler stated that was because there was no budget shortfall and asked Town Manager Thrasher to respond to the question of what would happen to the Police Department if they took two officers off of the streets. Town Manager Thrasher asked Chief Ward to respond and Chief Ward stated that they would be minimally staffed, in constant disarray and it would be difficult to ^� sustain coverage for vacation and sick leave. Commissioner Wheeler asked Chief Ward how this would affect residents and Chief Ward said there would definitely be a reduction in service and less visibility. Mayor Koch asked when the last two officers were hired and Vice -Mayor Orthwein reminded the Commission that four years ago they agreed to add two officers and then cut back one. Chief Ward stated that the Department has been short - handed for some time and further cuts would make it very difficult. Vice -Mayor Orthwein asked if some of the Administrative work could be contracted out and felt that the Commission should Regular Meeting & Public Hearing Town Commission - August 14, 2009 Page 4 consider that also. Commissioner Wheeler stated that the Commission should look at salary and benefits and stated that salaries and benefits are approximately two - thirds of the budget. Vice -Mayor Orthwein stated that when the Town is faced with sustaining a negative input to the budget, we should start looking at our costs, but the Town runs really well at this time. Town Clerk Taylor stated that, besides routine tasks of reporting, the Town has received an abundance of public records requests from agencies that have never done so in the past. Routine tasks could be contracted out, but public records requests must be handled in- house. It takes a lot of one officer's time and Administration has seen a bigger load. In addition, the Town did not have an extra staff person for many years, but with additional mandates, it has been a necessity. Commissioner Wheeler stated that if we cut $125,000 from the budget, the millage rate would be the current rate of 2.8. The new millage rate is 3.0437, which is a .2 increase in the millage rate. Based on that increase, Commissioner Wheeler asked what the difference in the tax rate would be for the average homeowner. Town Manager Thrasher said it would be $400.00. Commissioner Wheeler stated that if you asked the average homeowner if they would choose to maintain taxes at the lower rate and cripple the Police Department, they would probably say no because they will receive good value for the additional $400. Town Manager Thrasher stated that he appreciates the exercise, but does not see a problem with the budget and does not foresee long -term problems with the budget, otherwise he would address them. He further stated that he has received comments from other managers, particularly on the barrier island. They say they are not experiencing problems and feel that the discussions are relevant to the hysteria in the media. Commissioner Wheeler stated that it angers private taxpayers that they must face economic realities, but the public world does not, and it appears that government is never affected. He said that every company out there has had layoffs and salary cuts, but government has not. Town Manager Thrasher stated that government is affected because, in the past, certain governments have chosen the option to splurge and the Town has not done that. The Commissioners agreed that residents enjoy living in Gulf Stream because it is a wonderful place to be, they feel safe here and they know they can depend on the efficient and effective operation of the Town. Town Manager Thrasher added that the Police Officers and Staff always operate in the best interest of the residents. Commissioner Wheeler stated that the question had not been answered because the Town cannot O Regular Meeting & Public Hearing Town Commission - August 14, 2009 Page 5 solve a systemic budget problem with one -time capital items. Therefore, he requested that Town Manager Thrasher come to the next meeting with options for reductions in recurring items. Town Manager Thrasher said he understood and would do SO. Commissioner Anderson stated that she could not vote for an annual increase for the Administrative Staff at this time. She said she had many questions from people last year because the Town gave increases and asked that the Commission rethink increases for Administrative Staff. Commissioner Devitt suggested cutting the 2% increases from the budget and then reduce the budget by 3 %; Commissioner Wheeler said that would not work since labor is not 100% of the budget; Commissioner Devitt said it is not a good time to give increases; Commissioner Anderson said it is the principal. B. Architectural Review & Planning Board 1. Meeting Dates a. September 24, 2009 @ 8:30 A.M. b. October 22, 2009 @ 8:30 A.M. c. November to be determined. d. December 24, 2009 @ 8:30 A.M. e. January 28, 2010 @ 8:30 A.M. Town Clerk Taylor mentioned that the July 23, 2009 ARPB Minutes were in their packets for review. She added that the ARPB will be hearing an application which will then be heard in October by the Commission. C. Finance Director 1. Financial Report for July 2009 Town Manager Thrasher requested that the Financial Report be approved as submitted. Commissioner Anderson moved and Vice - Mayor Orthwein seconded to approve the Financial Report as submitted. All voted AYE. 2. Water Usage as of July 31, 2009 Town Manager Thrasher noted that the Water Usage Report was also submitted for review and no motion required. D. Police Chief 1. Activity for July 2009 Chief Ward requested that the Activity Report be approved as submitted. There were no questions. No motion required. VIII. Correspondence. A. Resolution #2009 -013 encouraging the Palm Beach County Commission to implement recommendations of Grand Jury in reference Palm Beach County Governance & public corruption issues -Town of Loxahatchee Groves. Town Clerk Taylor noted that the Town of Loxahatchee Groves sent a copy of their Resolution to implement recommendations of Grand Jury in reference to Palm Beach County Governance and public corruption issues and requested that the Town of Gulf Stream do one of the same. Clerk Taylor said had not prepared one for the Town, but would have one ready for the next meeting if the Regular Meeting & Public Hearing Town Commission - August 14, 2009 Page 6 Commission requested her to do so. Mayor Koch said the Commission would take that up at a later date. IX. Items for Commission Action. A. Resolutions 1. No. 009 -5; A Resolution Of The Town Commission Of The Town Of Gulf Stream, Palm Beach County. Florida, Authorizing The Forgiveness Of A Loan From The Town's General Fund To The Town's Enterprise (Water) Fund In The Amount of $1,268,567.23, As Of July 14, 2009; Providing For An Effective Date Town Clerk Taylor noted that this Resolution is being presented for adoption this day of August 14, 2009 as a result of the Commission's action at the last meeting. Commissioner Wheeler moved and Vice -Mayor Orthwein seconded to adopt Resolution No. 009 -5. All voted AYE. 2. No. 009 -6; A Resolution Of The Town Commission Of The Town Of Gulf Stream, Florida Providing For The Appropriations Of Budget Expenditures In The General Fund For The Fiscal Year Ending September 30, 2009; Providing An Effective Date. Town Clerk Taylor noted that this is the transfer to the Water Fund in the amount of $1,268,570 and due from the Water Fund, $1,268,570, being presented for adoption this 14th day of August, 2009. Commissioner Wheeler moved and Commissioner Anderson seconded to adopt Resolution No. 009 -6. All voted AYE. 3. No. 009 -7; A Resolution Of The Town Commission Of The Town Of Gulf Stream, Florida Providing For The Appropriations Of Budget Revenues In The Water Fund For The Fiscal Year Ending September 30, 2009; Providing An Effective Date. Town Clerk Taylor noted that this is the reversal of $1,268,570, transferred from the General Fund $1,268,570, being presented for adoption this 14th day of August, 2009. Commissioner Wheeler moved and Commissioner Anderson seconded to adopt Resolution No. 009 -7. All voted AYE. 4. No. 009 -8; A Resolution Of The Town Of Gulf Stream, Palm Beach County, Florida, Requesting The Assistance Of Governor Crist And The Florida Legislature In Order To Provide Adequate Funding And Stronger Legislation Directed Toward Solutions For The Enormous Problem Of Beach Erosion Within The State Of Florida; Providing An Effective Date; And For Other Purposes. Town Clerk Taylor noted that this Resolution is being presented for adoption this 14th day of August, 2009. Vice -Mayor Orthwein moved and Commissioner Anderson seconded to adopt Resolution No. 009 -8. All voted AYE. B. Request for approval of distribution in Palm Beach County of FY2010 Edward Byrne Memorial JAG Program Funds. Town Clerk Taylor explained that this request for approval was confusing because the Commission had just done one of these two Regular Meeting & Public Hearing Town Commission - August 14, 2009 Page 7 months ago. Clerk Taylor found that the earlier request was from the American Recovery and Reinvestment Act of 2009 and the current request is from the regular source. They are asking for approval of their distribution of funds and need a 51% majority of municipalities in Palm Beach County to approve. If the Commission does not vote to approve, there will be others to make up the 51 %. The Commissioners agreed that they would not take action on this item. C. Items by Mayor& Commissioners. There were no items by the Mayor of Commissioners. X. Public. There was no public comment XI. Adjournment. Commissioner Anderson moved and Commissioner Wheeler seconded a motion to adjourn. Mayor Koch adjourned the meeting at 9:45 A.M. Gail C. Abbale Administrative Assistant —I 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 23, 2009, 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: ORDINANCE NO. 009/2; 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, 2009 AND ENDING ON SEPTEMBER 30, 2010. ORDINANCE NO. 009/3; 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, 2009 AND ENDING ON SEPTEMBER 30, 2010. ORDINANCE 009/4; 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, 2009 AND ENDING ON SEPTEMBER 30, 2010. The proposed ordinances noticed here are 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: September 12, 2009 TOWN OF GULF STREAM, FLORIDA Rita L. Taylor, To n Clerk THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida L PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Ellen Sanita, who on oath says that she is Call Center Revenue Manager 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 009/2, 009/3 & 009/4 was published in said newspaper in the issues of September 12, 2009. 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. Also published in Martin and St. Lucie Counties. 61 Sworn to and subscribed before 14 "' day of August, A.D. 2009 Who is personally known to me. NOTARY PUBUC-STATE OF FLORIDA r,• ,,,, ' Karen M. M cLnton j � Commission # DD832672 ,,rExpires: NOY 15, 2012 BONDED MU nTLASM BANDING CO, IN .