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HomeMy Public PortalAbout05/14/2010May 6, 2010 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Muriel J. Anderson Fred B. Devitt III Chris D. Wheeler REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF O THE TOWN OF GULF STREAM ON FRIDAY, MAY 14, 2010 AT 9:00 A.N. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. A('F.N )A I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes of the Regular Meeting of 4 -9 -10. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Mayor's Proclamation- "National Missing Children's Day" -May 25 B. Police Dept. Lifesaving Awards -Chief Ward C. Regular Meetings and Public Hearings 1. June 11, 2010 @ 9 A.M. 2. July 9, 2010 @ 9 A.M. 3. August 13, 2010 @ 9 A.M. 4. September 10, 2010 @ 9 A.M. 5. October 8, 2010 @ 9 A.M. 6. November 12, 2010 @ 9 A.M. 7. December 10, 2010 @ 9 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Robert Fetrow, as Agent for Michael and Mary McDonnell, the owners of property located at 7 Little Club Road, Gulf Stream, Florida, which is ^ legally described as Las Casitas, Inc. �) a. SPECIAL EXCEPTION to permit addition of 179 Sq. Ft. to an existing dwelling with a non - conforming setback. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit 179 sq. ft. addition of a master bedroom and closet to an existing Bermuda style single story dwelling. VIII. Reports. A. Audit 9 /30 /09- Nowlen, Holt & Miner, P.A. B. Town Manager 1. Assessment Methodology for Overhead Utility Underground Project Financing and Project Update 2. Interlocal Service Boundary Agreement (ISBA) Update 3. 1% Fire Rescue Sales Surtax C. Architectural Review & Planning Board 1. Meeting Dates a. April 22, 2010 @ 8:30 A.M. b. May 27, 2010 @ 8:30 A.M. c. June 24, 2010 @ 8:30 A.M. d. July 22, 2010 @ 8:30 A.M. e. September 23, 2010 @ 8:30 A.M. f. October 28, 2010 @ 8:30 A.M. D. Finance Director 1. Financial Report for April 2010 E. Police Chief 1. Activity for April 2010 AGENDA CONTINUED IX. Correspondence. A. Resolution No. 2010 -08; A Resolution of the Town Commission of the Town of Ocean Ridge, Florida, Adopting a Responding Resolution, Authoritizing the Town of Ocean Ridge, Florida to Participate in the Interlocal Service Boundary Agreement Negotiations Between Palm Beach County and the City of ^ Boynton Beach, Pursuant to Chapter 171, Part II, Florida �) Statutes; and Providing an Effective Date. B. Resolution No. R- 12 -10; A Resolution of the Town Commission of the Town of Palm Beach Shores, Florida, Expressing Opposition to the Proposed Palm Beach County 1% Fire Rescue Sales Surtax; Memorializing the Town Commission's Decision to Decline Participation in a Proposed Interlocal Agreement With Palm Beach County Which a Majority of Fire Rescue Providers Must Execute as a Condition Precedent to the Matter Being Considered by County Electors; Providing an Effective Date; and for Other Purposes. X. Items for Commission Action. A. Appointment of one member for the ARPB -Term ending Mar. 2012 B. RESOLUTION NO. 010 -2; A RESOLUTION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, EXPRESSING OPPOSITION TO THE PROPOSED PALM BEACH COUNTY 1% FIRE RESCUE SALES SURTAX; MEMORALIZING THE TOWN COMMISSION'S DECISION TO DECLINE PARTICIPATION IN A PROPOSED INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY WHICH A MAJORITY OF THE FIRE RESCUE PROVIDERS MUST EXECUTE AS A CONDITION PRECEDENT TO THE MATTER BEING CONSIDERED BY COUNTY ELECTORS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. Items by Mayor & Commissioners XI. Public. XII. 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 171 BE BASED. F.S.S. 286.0105 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MAY 14, 2010 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 Muriel J. Anderson Commissioner Chris D. Wheeler Commissioner Fred B. Devitt, III Commissioner Also Present and William H. Thrasher Town Manager Participating Rita L. Taylor Town Clerk Garrett J. Ward Police Chief Robert Fetrow Agent for McDonnell Of Gator Engineering Terry Morton Nowlen, Holt & Miner, P.A. IV. Minut Commissioner the minutes discussion. es of the Regular Meeting of 4 -9 -10. Anderson moved and vice -Mayor Orthwein seconded to approve of the Regular Meeting of April 9, 2010. There was no All voted AYE. Mayor Koch asked for a moment of silence for former Town Commissioner, William Lynch, who served the Town of Gulf Stream for 18 years and is recently deceased. V. Additions, withdrawals, deferrals, arrangement of agenda items. Town Manager Thrasher said there is one change and two additions to the Agenda. He said he would like to move item VIII.A. Audit Report 9/30/10 to become item VI.D. and he would like to add item VIII.A.4, Deepwater Horizon Update, and item X.D., Rescind Boynton Beach Interlocal Agreement. CVI. Announcements. A. Mayor's Proclamation - "National Missing Children's Day" - May 25, 2010. Clerk Taylor announced that Mayor Koch is proclaiming May 25, 2010 as National Missing Children's Day and as of this date, the Proclamation is signed. B. Police Dept. Lifesaving Awards -Chief Ward Chief Ward explained that on April 2, 2009, Sgt. John Haseley and Ofc. Timothy Letteiri responded to a N. Ocean Blvd. residence to assist Delray Beach Fire and Rescue with a medical call involving an 82 year old female experiencing breathing difficulty, drained of color with no pulse. Sgt. Haseley and Ofc. Letteiri carefully placed the victim on Regular Meeting and Public Hearing Town Commission - May 14, 2010 Page 2 the floor and commenced team CPR and when Delray Fire and Rescue arrived on the scene, the victim had responded to their lifesaving efforts. The paramedics took over, stabilized the victim and transported her to Bethesda Memorial Hospital where her treatment resulted in a full recovery. Following the incident, the successful lifesaving efforts of Sgt. Haseley and Ofc. Letteiri were acknowledge and commended by the Delray Fire and Rescue paramedics who responded to the call and by the Chief of the Delray Fire and Rescue Department, as well as members of C his executive staff. Chief Ward said that a police officer can experience no greater an achievement than saving a human life and that these outstanding members of the Gulf Stream Police Department, as a result of their unhesitating, knowledgeable and professional response did save the life of the 82 year old victim. In recognition of their outstanding achievement, Chief Ward presented Sgt. Haseley and Ofc. Letteiri with the Gulf Stream Police Department's Lifesaving Medal and Bar. C. Regular Meetings and Public Hearings 1. June 11, 2010 @ 9 A.M. 2. July 9, 2010 @ 9 A.M. 3. August 13, 2010 @ 9 A.M. 4. September 10, 2010 @ 9 A.M. 5. October 8, 2010 @ 9 A.M. 6. November 12, 2010 @ 9 A.M. 7. December 10, 2010 @ 9 A.M. Mayor Koch asked if there were any conflicts with the scheduled meetings. Commissioner Wheeler said he would not be in town for the June 11th meeting, but may be available by telephone; Commissioner Devitt said he would not be available for the July 9th meeting; and, Commissioner Anderson said she would not be available for the September 10th meeting. D. Audit Report 9/30/09 - Nowlen, Holt & Miner, P.A. Terry Morton of Nowlen, Holt and Miner, P.A., took the podium and thanked the Town for inviting him to briefly review the report with them and for moving the Audit Report closer to the beginning of the meeting. He stated it was a very clean audit and that the Town has a very good fiscal staff. Mr. Morton explained that the majority of the Audit Report consists of management's representations and that the auditors are responsible for only three items in the Audit Report, as follows: 1. The Independent Auditor's Report wherein they look at the financial statements prepared by management and give their opinion as to whether or not those financial statements are fairly presented in Caccordance with generally accepted accounting principals. Mr. Morton said the financial statements were fairly presented and it is an unqualified, clean opinion. 2. The Report on Internal Control, which is required under government auditing standards, wherein they give a report on internal control and compliance with laws and regulations. Mr. Morton said in the prior year there was one comment regarding segregation of duties. Management implemented changes to correct that, the comment is corrected in the current year and there are no new comments. 3. The Management Letter which is required by the Florida Auditor General. Mr. Morton said there was one comment in the Regular Meeting and Public Hearing Town Commission - May 14, 2010 Page 3 Management Letter last year which was cleared in the current year and there are no new comments in the current year. Mr. Morton briefly reviewed the financial statements, stating that on September 30, 2009, the Town had $108,000 in cash and $1.2 million in investments, explaining that the investments are certificates of deposits and money market funds which are fairly safe and fairly liquid if the Town needed quick access to that money. He reported that, at year end the Town had $1.3 million in undesignated fund balance which is about 50% of the Town's expenses for the year. Mr. Morton said a common question is how much fund balance is enough? He said for coastal communities with hurricanes or beach cleanup, having available cash on hand is important when you are in need of emergency services. Mr. Morton stated that last year the Town had about $2.5 million in undesignated funds balance and made a $1.2 million transfer to the Water and Sewer Fund to cover the expansion loan. However, before that, the Town had $150,000 in net income which shows good fiscal management as far as balancing anticipated revenues with anticipated expenses for the year. In closing, Mr. Morton gave the Town a heads -up for next year's Audit bringing attention to Page 38 of the Audit Report which briefly describes a new standard called Postemployment Benefits that will go into affect next year. He said that this one paragraph is a fairly concise and easy -to -read explanation of the new standard, but when the financial statements are out next year there will be three pages of footnotes explaining this paragraph that only an actuary would understand. Mr. Morton said this standard is mainly an accounting standard and does not have an impact on the day -to -day operations of the Town. He thanked the Town for the opportunity to work with them and asked if there were any questions. There were none. Mr. Thrasher thanked Linda Harvel who is involved with activities regarding the audit. He said she did a very fine job and he appreciates all of her help. Vice -Mayor Orthwein moved and Commissioner Wheeler seconded to accept the Audit Report for September 30, 2009. There was no discussion. All voted AYE. VII. PUBLIC HEARING. CA. Applications for Development Approval 1. An application submitted by Robert Fetrow, as Agent for Michael and Mary McDonnell, the owners of property located at 7 Little Club Road, Gulf Stream, Florida, which is legally described as Las Casitas, Inc. a. SPECIAL EXCEPTION to permit addition of 179 Sq. Ft. to an existing dwelling with a non - conforming setback. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit 179 sq. ft. addition of a master bedroom and closet to an existing Bermuda style single story dwelling. Regular Meeting and Public Hearing Town Commission - May 14, 2010 Page 4 Mr. Robert Fetrow, agent for Michael and Mary McDonnell of 7 Little Club Road, introduced himself. He stated that the McDonnell's are requesting approval of a Special Exception to permit the addition of 179 SF to an existing dwelling with a non - conforming setback and approval of Level III Architectural /Site Plan Review to permit a 179 SF addition of a master bedroom and closet to an existing Bermuda Style single story dwelling. OCommissioner Wheeler moved and Commissioner Anderson seconded to approve the Special Exception to permit the addition of 179 SF to an existing dwelling with a non - conforming building separation of approximately 5 feet. There was no discussion. All voted AYE. Commissioner wheeler moved and Commissioner Anderson Level III Architectural /Site Plan based on a finding 179 SF addition of a master bedroom and closet to an Style single story dwelling meets the minimum intent Manual and applicable review standards. There was ni voted AYE. VIII. Reports seconded to approve that the proposed existing Bermuda of the Design discussion. All A. Town Manager 1. Assessment Methodology for Overhead Utility Underground Project Financing and Project Update Mr. Thrasher said that, at the direction of the Commission, the Town has entered into an agreement with a firm to assist with the undergrounding assessment methodology and if the Town proceeds with the project, residents will pay only for the benefit received. He said a manager of the firm and his field staff has already been in Town to begin their assessment and the contractor who gave the Town a preliminary estimate is still gathering details and fine - tuning the estimate as it relates to specific work activity and locations. Commissioner Wheeler asked when the Commission could expect a report and Mr. Thrasher said it would be about two months. Vice -Mayor Orthwein asked if there were any comments from residents concerning undergrounding. Clerk Taylor said she talked to a couple of residents who were very much in favor of undergrounding and very excited about it. Commissioner Anderson asked if a resident who may not be agreeable to this project will be committed if the straw ballot vote is in favor. Mr. Thrasher said that the Coastal Star published a range of costs and C' there have been no negative comments. Commissioner Devitt asked if residents would have an idea of their cost before the straw ballot. Mr. Thrasher said that was the purpose of the methodology assessment and it must be legally sufficient to be challenged in a court of law. He said some residents will pay the same amount because of similar circumstances and characteristics of their property, but it will be tailored and specific to each property. Mr. Thrasher would like the information to be made available to residents through Town Hall. Mr. Ganger stated for the record that when they took this same vote in Jupiter Island 92% were in favor and 8% were against, which meant the 8% Regular Meeting and Public Hearing Town Commission - May 14, 2010 Page 5 against were committed to the project. Commissioner Devitt said the Town should offer payment plan options and if residents do not pay the assessment, the Town should have the right to place a lien against the property. Mr. Thrasher said that is the reason why the Town wants to know the benefits each property receives. 2. Interlocal Service Boundary Agreement (ISBA) Update Mr. Thrasher stated that he did attend the Interlocal Service Boundary Agreement Kickoff Meeting held by Boynton Beach in April regarding their creation of an ISBA; however, he said he did not receive any new information at that meeting. 3. 1% Fire Rescue Sales Surtax Mr. Thrasher said there is an item later in the Agenda which will give the option for Commission action on this matter, but there are questions about the 1% Fire Rescue Sales Surtax that have been asked of the Florida Department of Revenue and they want to be out of the discussion and have referred this to the Attorney General's office. He said it has been agreed that the issue will be moved from an August ballot to a November ballot assuming it meets the requirements of the number of fire service providers. Commissioner wheeler asked if this was a proposal to raise the Palm Beach County Sales Tax 1$'. Mr. Thrasher said it is a proposal to raise the sales tax another 1 %, going from 6% to 7 %, and there are a multitude of questions and concerns. 4. Deepwater Horizon Update Mr. Thrasher reported that the Town of Gulf Stream will be current and aware of the Deepwater Horizon oil slick in Louisiana, but at this time it is difficult to know how it will impact our area. He said the Town will be represented at all meetings and someone from the Police Department will attend the meeting taking place at the EOC on Monday, May 17th. Mr. Thrasher said the Police Department may be best at handling this and he appreciates their cooperation and assistance. He said he spoke with the County Administrator about the topic of public vs. private beaches because if this becomes a FEMA issue he wants to know that our private properties and beaches will be considered and he has been assured that they will be; however, it may be something the Town will have to fight through if this event comes to pass. B. Architectural Review & Planning Board 1. Meeting Dates a. April 22, 2010 @ 8:30 A.M. b. May 27, 2010 @ 8:30 A.M. c. June 24, 2010 @ 8:30 A.M. d. July 22, 2010 @ 8:30 A.M. Oe. September 23, 2010 @ 8:30 A.M. f. October 28, 2010 @ 8:30 A.M. Clerk Taylor announced that the Architectural Review and Planning Board will not meet in May. She said there are pre - applications and discussions at this time, but no actual documentation has been submitted. C. Finance Director 1. Financial Report for April 2010 Mr. Thrasher requested that the Financial Report for April 2010 be accepted as presented and offered to answer any questions. There were none. Mr. Thrasher thanked the Town for their donation to Hospice of Palm Beach in recognition of the recent passing of his father -in -law. Regular Meeting and Public Hearing Town Commission - May 14, 2010 Page 6 Vice -Mayor Orthwein moved and Commissioner Devitt seconded to accept the Financial Report for April 2010. There was no further discussion. All voted AYE. Mr. Thrasher mentioned that Linda Harvel will be attending this year's Flood Hurricane Expo as she has done for the past several years. He said Ms. Harvel attends the Expo on a Saturday, sits in the booth and O assists in communicating with Palm Beach County residents. Mr. Thrasher thanked Ms. Harvel for her participation and assistance. D. Police Chief 1. Activity for April 2010 Chief Ward stated that the Town experienced a residential burglary and an attempted residential burglary, both occurring on the same day and clearly by the same perpetrators. He said the difference between the two is that at the location of the attempted burglary the alarm was activated, but the alarm was not activated at the location of the successful burglary, which indicates the importance of the use of alarm systems. Chief Ward said that following the situation the Police Department saturated the area for several days utilizing foot patrol, police vehicles and a golf cart. He said they were able to make contact with residents letting them know what was going on and encouraging them to use their alarm systems. Chief Ward requested that the Activity Report for April 2010 be accepted as submitted and offered to answer any questions. There were none. The Activity Report was accepted as submitted. IX. Correspondence. A. Resolution No. 2010 -08; A Resolution of the Town Commission of the Town of Ocean Ridge, Florida, Adopting a Responding Resolution, Authorizing the Town of Ocean Ridge, Florida to Participate in the Interlocal Service Boundary Agreement Negotiations Between Palm Beach County and the City of Boynton Beach, Pursuant to Chapter 171, Part II, Florida Statutes; and Providing an Effective Date. Clerk Taylor read Resolution No. 2010 -08 of the Town Commission of the Town of Ocean Ridge in title and stated that this item is for information only. B. Resolution No. R- 12 -10; A Resolution of the Town Commission of the Town of Palm Beach Shores, Florida, Expressing Opposition to the Proposed Palm Beach County 1% Fire Rescue Sales Surtax; Memorializing the Town Commission's Decision to Decline Participation in a Proposed Interlocal Agreement With Palm Beach County Which a Majority of Fire Rescue Providers Must Execute as a Condition Precedent to the Matter Being Considered by County Electors; Providing an Effective Date; and for Other Purposes. Clerk Taylor read Resolution No. R -12 -10 of the Town Commission of the Town of Palm Beach Shores, Florida in title and stated that this item is for information only. Clerk Taylor said a similar item is Item X.B. on the Agenda for Commission action. Regular Meeting and Public Hearing Town Commission - May 14, 2010 Page 7 X. Items for Commission Action. A. Appointment of one member for the ARPB -Term ending Mar. 2012 Commissioner Anderson said she was unable to fill the position with someone she could recommend. Commissioner Devitt asked if this was a permanent position. Commissioner Anderson confirmed that and said an alternate position is held by a resident of Place Au Soleil and she was waiting for direction from the Commission before she contacts that Operson to ask if they would be willing to become a regular member. Mayor Koch said it could be a problem, but there is still time to find someone to fill that position. Vice -Mayor Orthwein asked Commissioner Anderson if she would keep looking and Mayor Koch encouraged her to continue trying. Commissioner Anderson said she would go back over her list and report back next month, but it would have to be someone she could recommend. B. RESOLUTION NO. 010 -2; A RESOLUTION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, EXPRESSING OPPOSITION TO THE PROPOSED PALM BEACH COUNTY 1% FIRE RESCUE SALES SURTAX; MEMORALIZING THE TOWN COMMISSION'S DECISION TO DECLINE PARTICIPATION IN A PROPOSED INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY WHICH A MAJORITY OF THE FIRE RESCUE PROVIDERS MUST EXECUTE AS A CONDITION PRECEDENT TO THE MATTER BEING CONSIDERED BY COUNTY ELECTORS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Commissioner wheeler moved and Commissioner Anderson seconded to approve Resolution No. 010 -2. There was no discussion. All voted AYE. Commissioner Wheeler asked if there are any communities supporting this surtax. Mr. Thrasher said that Palm Beach County is one of the providers and they support the surtax, but he is not aware of any other provider that supports the surtax at this time. C. Rescind Boynton Beach Interlocal Agreement Mayor Koch stated that, based on the number of residents in the County pocket that have indicated they would like to be annexed into Gulf Stream, he would like to have the Town Attorney draft a resolution rescinding the existing Interlocal Agreement with Boynton Beach. He said it seems Boynton Beach may be agreeable and he would like to move forward. Commissioner wheeler moved and Commissioner Anderson seconded to authorize the Town Attorney to prepare a resolution rescinding the existing Interlocal Agreement with Boynton Beach to be on the Agenda for consideration at the next Town Commission meeting. Vice -Mayor Orthwein �} was concerned with height restriction. Mr. Thrasher explained that the existing Interlocal Agreement, as it relates to restrictive heights, is only applicable upon annexation by Boynton Beach and the Interlocal Agreement would only kick in when a property is being annexed. He said that the Town has indications that it may be difficult or impossible for Boynton Beach to annex this property which would make the Agreement mute, but part and parcel of the Agreement states that Gulf Stream agrees not to annex, which is why the Town is quietly moving around the procedure. Mr. Thrasher said if there is a possibility of annexation, the Town must clear the way by rescinding this Interlocal Agreement, but the property is currently under the jurisdiction of Palm Beach County 0 Regular Meeting and Public Hearing Town Commission - May 14, 2010 Page 8 and can be built upon according to the established LDRS of the County. He said the Town's position, at the time in which an application was made by a developer, would be similar to how the Town voiced their disagreement with Briny Breeze. Mr. Thrasher said this is the next step for the Town to legitimately talk about and consider annexation and all we are asking from the Commission at this time is the authorization to have the Town Attorney draw the resolution. There was no further discussion. All voted AYE. D. Items by Mayor & Commissioners - There were none. XI. Public. Mr. Robert Ganger announced, for the record, that he will attend the Boynton Beach City Commission's Regular Meeting scheduled for Tuesday, May 18`h. He said a similar resolution to rescind the Interlocal Agreement will be on their Agenda for discussion and vote. Mr. Thrasher said that this information was provided in the Commission packet. Commissioner Wheeler commented that, based on the information presented to the Town Commission, it appears Boynton Beach is inclined to approve rescision. Commissioner Anderson asked if they were going to vote at that time. Mr. Thrasher said the intent is to vote. Mayor Koch said the item may be on their Consent Agenda. Mr. Thrasher said it may be on the Consent Agenda and then moved to the Regular Agenda and there is no way to know how they will handle the matter. XII. Adjournment. Commissioner seconded to adjourn the meeting. approximately 9:40 A.M. r Gail C. Abbale 60 Administrative Assistant Wheeler moved and Commissioner Devitt The meeting was adjourned at