HomeMy Public PortalAbout03/12/2010MAYOR: William F. Koch, Jr.
VICE MAYOR: Joan K. Orthwein
COMMISSIONER: Muriel J. Anderson
Fred B. Devitt III
Chris D. Wheeler
OREGULAR MEETING AND PUBLIC HEARING BEING HELD BY
THE TOWN OF GULF STREAM ON FRIDAY, MARCH 12, 2010
IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100
FLORIDA.
r :Le10N .:
March 4, 2010
THE TOWN COMMISSION OF
@ 9:00 A.M.,
SEA ROAD, GULF STREAM,
I.
Call to Order.
II.
Pledge of Allegiance.
III.
Roll Call.
IV.
Minutes of the Regular Meeting of February 12, 2010.
V.
Additions, withdrawals, deferrals, arrangement of agenda items.
VI.
Announcements.
A. Mayor's Proclamation -April 2010, "Water Conservation Month"
B. Regular Meetings and Public Hearings
1. April 9, 2010 @ 9 A.M.
2. May 14, 2010 @ 9 A.M.
3. June 11, 2010 @ 9 A.M.
4. July 9, 2010 @ 9 A.M.
5. August 13, 2010 @ 9 A.M.
6. September 10, 2010 @ 9 A.M.
VII.
Reports.
A. Town Manager
1. Proposed Sales Tax for Fire- Rescue Services
2. Proposed Amendment to PB County /Boynton Interlocal Service
Boundary Agreement
3. Overhead Utilities Undergrounding Update
B. Architectural Review & Planning Board
O
1. Meeting Dates
b. March 25, 2010 @ 8:30 A.M.
c. April 22, 2010 @ 8:30 A.M.
d. May 27, 2010 @ 8:30 A.M.
e. June 24, 2010 @ 8:30 A.M.
f. July 22, 2010 @ 8:30 A.M.
2. Minutes
a. Regular Meeting & Public Hearing of 2 -25 -10
b. Special Meeting & Public Hearing of 3 -3 -10
C. Finance Director
1. Financial Report for February 2010
D. Police Chief
1. Activity for February 2010
VIII. Correspondence.
A. Resolution No. R -5 -10; Resolution of the Town of Palm Beach
Shores, Florida, establishing a policy for the annual
affirmation of ethical considerations by the mayor and each
commissioner of Palm Beach Shores; specifically providing for
affirmation of State Law mandates relative to "Government In
The Sunshine" laws, conflict of interest laws, voting
requirements, gift disclosures and prohibitions against doing
business with the Town; and affirmation of the general
prohibition against misuses of public office for private
gain; providing that the mayor and each commissioner shall
individually reaffirm their promise to uphold and honor said
ethical mandates each year during the town commission's
annual reorganization meeting; providing an effective date;
and for other purposes.
AGENDA CONTINUED
IX. Items for Commission Action.
A. ARPB Appointments
1. One Regular Member -Term to end March 2012
2. One Alternate Member -Term to end March 2013
B. Items by Mayor & Commissioners
OX. 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
N
0
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 12, 2010 @ 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
Fred B. Devitt, III
Muriel J. Anderson
Chris D. Wheeler
William H. Thrasher
Rita L. Taylor
Garrett J. Ward
John Randolph
Danny Brannon, P.E. of
Brannon & Gillespie LLC
Robert Ganger, President
Joe Santarella
Lolly Prince
Serge de Laville
Mayor
Vice -Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Clerk
Police Chief
Town Attorney
Undergrounding
Consultant
G.S. Civic Assoc.
G.S. Resident
L'Hermitage Resident
G.S. Resident
IV. Minutes of the Regular Meeting of February 12, 2010.
Vice -Mayor Orthwein moved and Commissioner Devitt seconded to approve
the minutes of the Regular Meeting of February 12, 2010. There was no
discussion. All voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Town Manager Thrasher requested moving Agenda Item VII.A.3., the
Overhead Utilities Undergrounding Update, to VII.A.1. There were no
other changes to the Agenda.
VI. Announcements.
A. Mayor's Proclamation -April 2010, "Water Conservation Month"
Clerk Rita Taylor read the Mayor's Proclamation and explained that this
proclamation assists in fulfilling part of the Town's Comprehensive Plan
and no motion is necessary.
B. Regular Meetings and Public Hearings
1. April 9, 2010 @ 9 A.M.
2. May 14, 2010 @ 9 A.M.
3. June 11, 2010 @ 9 A.M.
4. July 9, 2010 @ 9 A.M.
5. August 13, 2010 @ 9 A.M.
6. September 10, 2010 @ 9 A.M.
Clerk Taylor asked if there were any conflicts with the scheduled
meetings. Both Commissioner Devitt and John Randolf had a conflict with
the April 9th meeting. Mayor Koch asked the Commissioners if they wished
Regular Meeting and Public Hearing
Town Commission - March 12, 2010 Page 2
to cancel or reschedule the meeting in order to have everyone present.
Commissioner Anderson felt if it was not necessary, she would prefer not
to cancel or reschedule any meetings. Vice -Mayor Orthwein agreed that
meetings should be changed only in the event of a lack of quorum and
since a quorum will exist, it was the consensus of the Commissioners
that the meeting will take place as scheduled.
VII. Reports.
A. Town Manager
1. Overhead Utilities Undergrounding Update
Mr. Thrasher explained that a little over two months ago, the Town asked
a consultant to assist in determining the feasibility and estimated cost
of the construction for undergrounding all utilities. He said the
consultant, Danny Brannon, was present to give an update on the study he
conducted for the Town.
Mr. Danny Brannon of Brannon & Gillespie, LLC introduced himself and
stated that on December 22nd, the Town of Gulf Stream retained his firm
to do a study on undergrounding overhead utilities east of the
Intracoastal, north to south. He said the Overhead Utility
Undergrounding Feasibility Study & Opinion of Project Cost which was
provided to the Town gives a synopsis of the feasibility of the project
and an opinion of the cost involved and believes the report will be
useful to the Commission in their consideration to move forward with the
project.
Mr. Brannon said the Executive Summary of the Report indicates that the
project can be accomplished for a cost of 4.6 million dollars, and as a
project progresses they typically find opportunities to save money. Az
an example, he said the last project they completed went with a
$15,000,000 referendum, but during the process they found significant
savings and the project ended up costing the municipality $8.4 million.
With regard to existing facilities, Mr. Brannon said the Town has 29,500
feet (pole line feet) of overhead utility lines that need to be
replaced, which includes 115 FPL overhead transformer locations. He
said there are limited underground facilities in some areas of Town,
such as portions of Middle Road, Hidden Harbor Drive, the north end of
the golf course, the east side of AlA, Little Club Road and North County
Road, and the radial installations would be replaced with loop circuits
^ where possible. Mr. Brannon said there is extensive Bell South and ATT
.J1 telephone aerial cable to be undergrounded which will be a cost factor.
Commissioner Wheeler said that FPL will contribute some money to the
cost of burying their cables and asked Mr. Brannon if the telephone
companies would do the same and he replied that the telephone companies
do not have such a program at this time.
Mr. Brannon said they went from one end of Town to the other and saw
quite a few overhead service laterals to be replaced which usually
involves some repair during the conversion and could bring the
conversion cost to $4,000 - $5,000 per residence. He brought attention
to pages 9 & 10 of the Report which are maps of the proposed routes for
underground facilities and said that some of the existing underground
Regular Meeting and Public Hearing
Town Commission - March 12, 2010 Page 3
facilities may need to be replaced with the loop system which allows
faster restoration in the event of power loss. He said the lines along
AlA are the main feeder lines to the lateral neighborhood lines and will
be replaced with FPL feeder circuits and seven (7) switching cabinets
that extend the lateral lines into the neighborhoods. Mr. Brannon said
that among Florida coastal communities, there is a preference to use
Vista switches rather than the standard FPL switches because Vista
O switches, which are sealed and can be submerged, will continue to
operate as opposed to the FPL switches that are exposed. He said there
is a $30,000 premium for Vista switches which is included in his
estimate. Commissioner Devitt asked how many switches would be
necessary and Mr. Brannon said he estimated seven (7) which are planned
for each end of the system. Commissioner Wheeler figured that the Town
would save about $200,000 if they used the standard FPL switches.
Vice -Mayor Orthwein asked if they will bore most of the lines and how
far could they directional bore. Mr. Brannon said directional boring is
better for the community, that in established neighborhoods with paver
driveways, the lines are in the landscaping and they can push about 400
feet. Commissioner Wheeler asked which part of this estimate has the
biggest risk of error. Mr. Brannon said it was probably the Bell South
portion which is about 10% of the estimate.
Mr. Brannon said when they put contracts out for a project, they hire
contractors to do all of the installation of utilities that the project
will allow. He said the contracts are very detailed with good
dimensions and contractors say that having very clean, clear plans
provides a tight price and removes risk from the project. Commissioner
Wheeler asked about the benefits from using a private contractor as
opposed to FPL. Mr. Brannon said there are several benefits, scheduling
being the biggest. He said the routes must be clean and clear for at
least six (6) weeks prior to beginning a project and scheduling workers
to accomplish that is easier with private contractors. Mr. Brannon said
the second benefit is cost savings, stating that in the last project
they were able to get contracted facilities installed for half the cost
of FPL's estimate. He explained that FPL pads their estimate to cover
themselves bringing their estimates up almost 200% higher. As an
example, Mr. Brannon said FPL estimated the first phase of the Jupiter
Island project at about $2 million, but they were able to get it done
for $1.1 million using private contractors. He said the third benefit
to using private contractors is site restoration because when FPL does
construction work in a town, the town is responsible for the restoration
and repair of driveways, landscaping and water lines, but when they use
private contractors, his firm will prepare the transformer pads and
clear areas with a landscaper and then the contractors are given
instructions as to where the equipment goes. He said his firm informs
the contractors that they are responsible for site restoration.
Mayor Koch asked how many contractors are capable of handling this type
of project. Mr. Brannon said there are about 4 to 6 FPL approved
contractors that carry the proper insurance, are properly trained and
are financially sound. He said in addition to having control of
scheduling and getting the job done quicker, cleaner and more
Regular Meeting and Public Hearing
Town Commission - March 12, 2010 Page 9
harmoniously, using FPL approved contractors will not impact sovereign
immunity issues because they have agreements with FPL and are properly
insured and they will be required to extend their insurance to cover the
Town as well as FPL, therefore carrying the liability. He said their
contract documents include provisions that talk about behaviors, hours
of operation, cleanup at the end of each day, using foul language in
neighborhoods and other issues that impact harmony in the community.
OMr. Brannon mentioned that the maps on pages 9 and 10 of his report
depict only the general routes they are looking at, but they do not
depict all of routes included in the project. He said there a lot of
people involved in executing such a project and they will use outside
resources such as surveyors, project management and design engineering
firms, and construction, electrical and landscape contractors. In
addition, he said both Town Staff and the Police Department will provide
assistance throughout the project, and his firm will utilize legal and
professional assistance for the purpose of doing title searches and
reviewing contracts and other legal documents. Mr. Brannon summarized
the type of work these outside resources will perform, as outlined in
his report.
Mr. Brannon said that environmental issues are always a concern, but are
expected to be minimal for this project. However, there may be a few
low areas that will require further review to ensure they are following
proper procedure.
Mayor Koch asked about the procedure for power shut -off. Mr. Brannon
said the cut -overs are short in duration and for those residents that
have underground out to the street, it is a matter of reconnecting it
which could take 2 hours. It could take a little longer for residents
requiring a total service replacement, but there will be a construction
worker at the residence working with an electrician to change out the
service. Mayor Koch asked if residents need to hire an electrician for
this service or is it included in the contract. Mr. Brannon said it is
usually included in the contract. He said if there are only a few in
need of an electrical change -out it makes sense to include it in the
contract because it speeds up the project, but if it is 50/50, then it
becomes a management decision as to how to proceed. Mr. Brannon
explained that they try to get conversions done early in the project and
if residents hire an electrician it sometimes delays the contactor. He
.. said when power is going to be interrupted, construction workers will
Jknock on doors to let residents know they are working in their area and
there may be 1 to 2 hours of downtime.
Mayor Koch asked Mr. Randolph if there were any complaints from
residents during or after the Jupiter Island project. Mr. Randolph said
there were none and he has never seen an operation run as smoothly as
that project. Mr. Brannon said they had no complaints from residents
during that project because if a resident talked to construction
workers, they would report the contact and his firm would talk to the
resident to ensure they were satisfied with the process and the
information they received. He said they provided information for
newsletters, attended Commission Meetings, communicated with Public
Regular Meeting and Public Hearing
Town Commission - March 12, 2010 Page 5
Safety providing detailed information concerning possible traffic issues
and communicated with residents letting them know what was going on.
Commissioner Wheeler asked how much higher the cost is now compared to
what it would have cost if priced in 2006 or 2007, or how much higher
would it be 2 or 3 years from now when the economy returns to some sense
of normalcy. Mr. Brannon said about 30% to 50% higher. Commissioner
Wheeler and Vice -Mayor Orthwein agreed that, from a financial
standpoint, now is the time to do this.
Mayor Koch asked for an approximate time schedule. Mr. Brannon said the
preliminary design could be completed within 6 months and with a 6 -month
window to complete construction, they may have one contractor work the
north end and another the south. He said they will do preliminary
contracts with the utilities to begin their designs and they will get
surveyors out to the sites. Mr. Brannon said for the Jupiter Island
project in 2008 they had a 2 -year schedule which consisted of 5 phases
and they were able to complete the project in that time frame. He
explained that there are 6 to 8 major steps per phase, including
surveying, landscaping, engineering design, bid procurement, contractor
and utility construction, follow -up and landscape restoration.
Mayor Koch asked how Jupiter Island paid for the project. Mr. Brannon
said they did a referendum, they borrowed the money and determined that
the benefit to property owners is essentially the same and, therefore,
the recovery of those costs would be through ad valorem tax. Mr.
Randolph said the referendum was a bond issue. Mayor Koch said the Town
of Gulf Stream would have to do this with a bond issue. He asked Mr.
Brannon and Mr. Thrasher to work out a time frame, including each step
and the time involved for each step, and the cost. Mr. Brannon said he
and Mr. Thrasher have had some discussion concerning the matter,
including how to fund the project and then recover the cost. He said
they would do a complete analysis if the Town wants go forward.
Commissioner Devitt asked Mr. Brannon if they looked at the right -of -way
currently in place. Mr. Brannon said they looked at the streets and do
not see an issue getting through. He said one issue is that FPL now
utilizes a document called an ROW, which he calls a Right -Of -Way
Agreement. Mr. Brannon called it a pseudo- easement wherein the Town,
or the authority having control over the road, is responsible for the
^ cost when they request FPL to install cable in rights -of -way. If the
Jrequest comes from a third party, such as a utility or a developer, the
third party is responsible for the cost. The ROW Agreement allows you
to run underground cable in the right -of -way without getting a private
easement.
Mayor Koch said there are still questions to be answered and in his
opinion the Town should move ahead and allow Mr. Brannon's firm to look
at the total picture and provide the Town with the information they need
to make a decision concerning this project. He asked Mr. Brannon to
meet with Mr. Thrasher and draft the steps, timing and costs involved to
proceed.
Regular Meeting and Public Hearing
Town Commission - March 12, 2010 Page 6
Mr. Ganger stepped to the podium to make a comment on behalf of the
public. He said, with respect to public awareness, at the next Civic
Association Meeting he would like to give the public a posting. Mr.
Ganger said there has been a lot of discussion concerning this matter
within the community. He said the assessed value of the entire town is
$700 million plus, and most people are sensible enough to realize if the
project cost was $12 million, they will get their money back in terms of
quality of life and public safety, and we will have the benefit of not
having our trees cut down. He said the community is very much in favor
of this project and people are asking for details. Mr. Ganger said the
Civic Association can be very helpful with the communication process and
they stand by their offer to do so. The Commission thanked Mr. Ganger.
2. Proposed Sales Tax for Fire - Rescue Services
Mr. Thrasher said this item is an FYI and explained that the proposed
sales tax for fire rescue services went to the Legislature in November
2009 and Palm Beach County will vote via referendum in November 2010 on
whether or not to increase our sales tax 1% to fund fire rescue. He
said, in theory, it will offset the millage rate with revenue generated
from the 1% sales tax and people have commented that the cost will
spread to those who do not own property or who are visiting the area.
Mr. Thrasher said that questions are being gathered throughout the
municipalities and there have been various discussions with fire rescue
representatives and the Palm Beach County League of Cities. He said
this will be on the ballot, the residents will make the decision and
there may be a majority of residents that will be in favor of it.
Commissioner Anderson asked if the Town would see any of the Q & As
being gathered from the municipalities. Mr. Thrasher said yes. Mayor
Koch believes if this is approved and a 1% sales tax is imposed (they
say they will lower property tax) another issue will arise and the 1%
will be used for that issue.
Joseph Santarella, a Gulf Stream resident, said he took part in a study
group that was adamantly opposed to this tax. He said the study
consisted of two groups, male and female, and this question came up in
both groups. The male group was 100% against the 1% increase, seeing it
as the beginning of a new cycle where the school board will want to do
the same and so on. Mr. Santarella said the women were divided and
Commissioner Wheeler was interested in the gender difference in opinion,
asking if it was attributed to a different group leader. Mr. Santarella
said when the question was raised to his group they were split until
they were given details and then they were 100% opposed.
3. Proposed Amendment to PB County /Boynton Interlocal
Service Boundary Agreement
Mr. Thrasher said this item is another FYI to the Commission. He said
it is a new terminology which is unfamiliar to him and the Town may soon
be in the position to decide whether or not they want to be included in
these discussions. Mr. Thrasher said that Palm Beach County and Boynton
Beach entered into an Interlocal Agreement (ILA) which is isolated to
pocket areas or enclaves under Palm Beach County's jurisdiction. He
said Palm Beach County created a map of areas primarily west of the
Intracoastal where they would like to have Boynton provide services such
as fire, police, water, sewer, etc. Commissioner Wheeler asked how this
Regular Meeting and Public Hearing
Town Commission - March 12, 2010 Page 7
impacts the Town. Mr. Thrasher said the Interlocal Service Boundary
Agreement (ISBA) may or may not be a pre- cursor to annexation, but his
information indicates its purpose is for long -range annexation and it
has already been used by a few municipalities in Palm Beach County. He
said Boynton Beach and Palm Beach County originally had an agreement, or
they have discussed the boundaries on the west side of the Intracoastal,
and now Boynton Beach wants to include the barrier island pockets and
enclaves into that same scenario. If a municipality would like to be
included in discussions of these matters, their Commission must adopt a
resolution to be included. He said it must be prepared in a certain
time period, 60 days. It only provides for the right to be included in
the discussions and, therefore, the matter will be brought back to the
Commission for action when it materializes to that point.
Mr. Thrasher said it is not certain that the barrier island will be
included in the ISBA, but Boynton Beach Staff is in favor of it and
their consultant is not. Commissioner Wheeler said he assumes Palm
Beach County will pay Boynton Beach for providing services that the
County is currently providing to those areas and Mr. Thrasher confirmed
that. Commissioner Wheeler asked about the possibility of Gulf Stream
providing such services and maybe splitting with Ocean Ridge. He asked
if the Town could make money doing it and if the Police Department would
even be interested. Mayor Koch pointed out that the Town cannot supply
water or sewer since Boynton Beach is currently providing that. Vice -
Mayor Orthwein pointed out that the Town cannot supply fire rescue since
Delray provides that service for the Town. Commissioner Wheeler said it
may make no sense to spend time or resources on this, but he does not
want to totally dismiss the possibilities.
Mr. Ganger spoke again on behalf of the public saying that the question
raised by Mr. Thrasher is whether or not there will be a resolution to
participate in the study and the question asked by the Commission is
whether the Town needs to participate. He said if the Town does not
participate in the study the Town has no voice and when the discussions
are over the Town will have no say. He said it is a long -term project
and this is the time to get in on it.
B. Architectural Review & Planning Board
1. Meeting Dates
a. March 25, 2010 @ 8:30 A.M.
b. April 22, 2010 @ 8:30 A.M.
c. May 27, 2010 @ 8:30 A.M.
d. June 24, 2010 @ 8:30 A.M.
e. July 22, 2010 @ 8:30 A.M.
Clerk Taylor said there have been no submissions for the March ARPB
meeting and that the March meeting may be canceled.
2. Minutes
a. Regular Meeting & Public Hearing of 2 -25 -10
b. Special Meeting & Public Hearing of 3 -3 -10
Clerk Taylor said the minutes of the February Regular Meeting and the
March Special Meeting of the ARPB are included in the Commissioners
packets for their information.
C. Finance Director
1. Financial Report for February 2010
Regular Meeting and Public Hearing
Town Commission - March 12, 2010 Page 8
Mr. Thrasher requested that the Financial Report for February 2010 be
approved as submitted and said that presently the Town is under budget
with Brannon and Gillespie at this time. Mayor Koch asked if the Town
was experiencing problems with water mains and fire hydrants and
questioned $38,000 worth of payments to Harvel Utilities noted on pages
6 and 9. Mr. Thrasher clarified by stating that $18,000 went to Harvel
Utilities and $10,000 is water. Mayor Koch asked if there were any
O leaks in the system and Mr. Thrasher said yes, but the Town is in their
target percentage. Commissioner Devitt asked how the Town determines a
leak needs repair. Mr. Thrasher said the Police or a resident will
report it and the Town will send Harvel Utilities to the site for
inspection and there is a charge for that. Commissioner Anderson moved
and Vice -Mayor Orthwein seconded to approve the Financial Report for
February 2010. There was no further discussion. All voted AYE.
D. Police Chief
1. Activity for February 2010
Chief Ward requested that the Activity Report for February 2010 be
accepted as submitted. Commissioner Anderson inquired about the
trespassing incident and asked if trespassers are always cited. Chief
Ward said it depends on the circumstances, but the police always inform
a trespasser that they are in violation. He said if a trespasser
continues to violate the law, it can lead to arrest. Commissioner
Wheeler asked if there have been any changes since the Town passed the
Golf Cart Ordinance. Chief Ward said yes and, in fact, the trespassing
incident involved a golf cart. He said it has been better since the
police have more control in the matter.
VIII. Correspondence.
A. Resolution No. R -5 -10; Resolution of the Town of Palm Beach
Shores, Florida, establishing a policy for the annual
affirmation of ethical considerations by the mayor and each
commissioner of Palm Beach Shores; specifically providing for
affirmation of State Law mandates relative to "Government In
The Sunshine" laws, conflict of interest laws, voting
requirements, gift disclosures and prohibitions against doing
business with the Town; and affirmation of the general
prohibition against misuses of public office for private
gain; providing that the mayor and each commissioner shall
individually reaffirm their promise to uphold and honor said
ethical mandates each year during the town commission's
annual reorganization meeting; providing an effective date;
and for other purposes.
Clerk Taylor read the Resolution by title. Mr. Randolph said the
purpose of the Resolution is to state that Palm Beach Shores is abiding
by the law. Mr. Thrasher said there is an issue behind it and explained
that Palm Beach County has created an Inspector General system and in
November the people will vote on a referendum where each municipality
will determine whether they want to be a part of this new regime of
ethics. He said this Commission cannot vote on whether or not they want
to be a part of it because it will be determined by a vote of the
people. Mr. Thrasher said this will create another layer government and
local government will be responsible to help pay for the costs
Regular Meeting and Public Hearing
Town Commission - March 12, 2010
Page 9
associated with this system. He said this Resolution is Palm Beach
Shores' method of proclaiming they are doing what the law expects and
they do not need an additional layer of bureaucracy.
Commissioner Wheeler wanted to know what the Inspector General's
function will be. Mr. Thrasher said there have been three Palm Beach
County Commissioners who have been placed in Federal detention and
because of what has happened in Palm Beach, Broward and Miami -Dade
Counties, there has been a drive to control ethics in government. He
said Palm Beach County is moving ahead and an ordinance is being
established, they are accepting resumes to select an Inspector General
and if residents vote in favor of this, the municipalities will pay a
percentage of each contract. Mr. Thrasher said the Town must be careful
in the way we educate the residents in this matter. He said we cannot
tell them how to vote, but we can give them the facts about what they
will be voting on and every municipality will have the opportunity to
vote on whether or not they want to participate in the County ordinance.
Mayor Koch said if we join the ordinance we will be under the Inspector
General and we will be paying taxes to cover the Inspector General and
his staff. He said what Palm Beach Shores is saying with their
Resolution is that they are covered under state law and they are obeying
the law. Commissioner Wheeler said the Town should do the same thing.
Mr. Thrasher said the cost being discussed now is a percentage of every
contract in the municipality. That percentage reflects on their
estimated budget and as the budget goes up the cost goes up and,
therefore, the cost to each municipality will go up. This is Palm Beach
Shores' response to the initiative which will be on the ballot in
November. Mayor Koch said the County has the State Attorney's Office
and the County Attorney in place and that is who went after the County
Commissioners and others who broke the law, so there are laws on the
books. Mr. Randolph said the County also has the Ethics Commission and
all of the laws cited in this Resolution are laws governments must abide
by and, if not, you can be reported to the State Attorney's Office and
the Ethics Commission. Vice -Mayor Orthwein asked why the County is
doing this now. Mr. Randolph said it is because of the recent
experiences they have had on the County level and they decided to show
the public they are serious about this and are doing something about it.
Commissioner Wheeler felt the County should use money from their budget
to support this initiative. Vice -Mayor Orthwein asked how much this will
cost. Clerk Taylor said over $300,000 has already been provided to
establish and furnish this office and it is not yet on a referendum.
Mayor Koch asked if the Commission supports this Resolution and would
they like to do their own. Vice -Mayor Orthwein said the Commission
should do a resolution and everyone should do their job and we should
not have an additional tax. Mr. Thrasher said honesty is the criteria
and we are obligated to be honest under the present laws. Mr. Randolph
said this item is an FYI for now. Commissioner Anderson asked if the
Town should write a letter to the residents. Mr. Thrasher said there is
a new law which prohibits municipalities from spending money to
influence a vote and, therefore, we can only give them the facts and the
Civic Association will be helpful in the communication process.
Commissioner Wheeler said that the Town can inform their constituents
Regular Meeting and Public Hearing
Town Commission - March 12, 2010 Page 10
through their newsletter. Mr. Ganger said that the Civic Association
will give both sides of argument allowing the voter decide and he said
the Civic Association will need Counsel's assistance to get the
appropriate information out there. Mayor Koch said for now we will note
that the Commission has reviewed the resolution.
IX. Items for Commission Action.
0 A. ARPB Appointments
1. One Regular Member -Term to end March 2012
2. One Alternate Member -Term to end March 2013
Mayor Koch reported that Amanda Jones, who at one time was an alternate
and is currently a regular member, is agreeable to returning to an
alternate position in that she is away during the summer. He said if a
motion to that end is adopted there will be two appointments for regular
members rather than one. Mayor Koch said Mrs. Jones has done a good job
as a member of the ARPB and the Town would like her to remain on the
Board as an alternate. He suggested Charles Frankel, who was a previous
member of the Board, has agreed to serve as a regular member. Mayor
Koch said they will need one more appointment for a regular member and
Commissioner Anderson said she is working on recommending someone from
Place au Soleil. Vice -Mayor Othwein moved and Commissioner Anderson
seconded to appoint Charles Frankel as first regular member of the ARPB.
There was no further discussion. All voted AYE. Vice -Mayor Orthwein
moved and Commissioner Devitt seconded to propose that Amanda Jones be
reappointed as an alternate member of the ARPB. There was no further
discussion. All voted AYE.
Clerk Taylor stated that there will be one appointment for a regular
member of the ARPB on next month's Commission Meeting agenda. Mr.
Ganger pointed out that Malcolm Murphy is presently an appointed
alternate member and could be moved to a regular member. Commissioner
Anderson said that Mr. Murphy made it clear that he may relocate out of
the area and the Board hesitates appointing him as a regular member at
this time.
B. Items by Mayor & Commissioners - There were none.
X. Public.
Lolly Prince, a resident of L'Hermitage, took the podium and stated that
she and her neighbor, Lynn Wilkins, are present for the purpose of
hearing the discussion on annexation. She said there is a lot going on
right now with Boynton Beach and other towns who are looking for ways to
streamline services and generate money and believes it is inevitable
that these areas are going to be annexed. Mrs. Prince said they would
much rather be a part of Gulf Stream than Boynton Beach and they wanted
to hear the Town's thoughts and how they may proceed when looking into
annexation. Mayor Koch said the Town is looking into the possibility of
annexation and looking into what is going to be built here. He turned
the discussion over to the Town's attorney for the legal aspects of
annexation.
Mr. Randolph said a discussion concerning annexation has not occurred
and it is coming up for the first time under this Agenda item. He said
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Town Commission - March 12, 2010 Page 11
an Interlocal Agreement exists between Boynton Beach and the Town of
Gulf Stream that Gulf Stream would not seek annexation of these
properties in exchange for the condition that if Boynton Beach were to
annex any of these properties, it could only do so if they agreed to the
condition that heights of buildings not exceed 35 feet and there will
not be more than 6 units per acre. He said that is the situation
relating to annexation at this time. Mr. Randolph explained that there
O are 3 types of annexation as follows: Voluntary Annexation, where the
property owner wishing to annex into a municipality, if it is contiguous
to that municipality, may do so by filing a petition to be followed up
by an ordinance of the annexing municipality; Involuntary Annexation
would require a vote of the electorate within the property that the
municipality is seeking to be annexed and if 50% or more of those
property owners vote to be annexed into that municipality, they would be
annexed; and, Annexation of Enclaves which comes about through an
interlocal agreement between the County and the municipality because
counties do not want to serve enclaves, which are described as areas
that are surrounded on at least 3 sides by a municipality, and in those
instances the municipality may annex the enclave, but that applies to
areas of 10 acres or less. He said Gulf Stream has the application of
the interlocal agreement with Boynton Beach existing at this time and he
does not know if that is a complication, but it was done years ago to
protect the area from high rises and high density and the Commission at
that time felt it was appropriate to have that agreement with Boynton
Beach so they would have to comply with those conditions in the event
they did annex.
Mr. Randolph said that one issue being discussed right now is the
Interlocal Service Boundary Agreement (ILSB). He said the Town will
keep close tabs on it and will get involved in that that process if it
comes about. Mr. Randolph said we do not know at this point if that
ILSB area is going to be expanded. He said Boynton Beach is exploring
expanding the Interlocal Service Boundary map to cover areas east of the
Intracoastal and he does not know how far along they have come with
that, but it is a lengthy process.
Mr. Ganger said there is a meeting scheduled for early next week, which
is the first step in the process, to determine the scope of the map and,
as Mr. Thrasher said, the map originally did not include any pockets
east of the Intracoastal. He said at a Commission Meeting Commissioner
Abrams raised the question to the City Manager of Boynton Beach as to
whether or not they should extend and threw in the question of whether
to include Briny Breezes. Mr. Ganger said it is up to Boynton Beach to
decide if they want to include Briny Breezes and pockets all the way
south to Sea Road, but he made a clear position directly to Boynton
Beach to forget it because even if they study it, nobody at this end
will vote for it.
Mr. Ganger stated that an ISBA is a process that was meant to make
annexation more flexible and so the potential annexor has the right to
set some of the rules. He said when the County wants to get rid of land
that is not beneficial to them and Boynton Beach may want the land
Regular Meeting and Public Hearing
Town Commission - March 12, 2010 Page 12
because it is high value property, you have to assume they will be
thinking about coming all the way out to sea level. Mr. Ganger said we
need to protect our neighbors and provide them with a full understanding
and he encouraged the Town to get involved in the study. He said the
Coalition will represent the disenfranchised by getting public interest
groups to participate in the study and report to the people who will be
affected. Mayor Koch said the Town has always been concerned which is
O why they did the Interlocal Agreement and Mr. Ganger said the Interlocal
Agreement was a good move.
Serge de Laville of 4225 North County Road took the podium. He said he
wanted to make a comment regarding the developer who is purchasing the
Sea Horse property and his plan to build a 7 -story condominium on the
east side of AlA. He said his neighborhood lies directly beyond the old
tennis courts and he and his neighbors are concerned that the Sea Horse
design will obstruct their view and may not be compatible with the Gulf
Stream style. He asked that the Commission encourage the developer to
design a structure that is compatible with the Gulf Stream community
rather than a high rise that is more compatible with Ft. Lauderdale.
Mr. de Laville said he would like to know that he and his neighbors have
the Town's support in this matter.
Mayor Koch said he has met with the developer and expressed the views
and concerns of the community and the developer has agreed to build only
three homes on the west side of AIA, but everything is still in
preliminary negotiations. Mr. de Laville asked how the residents will
be informed of the progress. Vice -Mayor Orthwein said the Coalition
will be helpful in the communication process. Mayor Koch said that the
residents are in good shape right now.
XI. Adjournment. Vice -Mayor
seconded to adjourn the meeting
AYE. The meeting was adjourned
L- a��ao
ail C. Abbale
Administrative Assistant
Orthwein moved and Commissioner Anderson
There was no discussion. All voted
at approximately 10:40 A.M.