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 .