HomeMy Public PortalAbout12/10/2010December 3, 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
THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 10, 2010 AT 9:00 A.M.
IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
AGENDA
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes of the Regular Meeting of November 12, 2010.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. January 14, 2011 @ 9 A.M.
2. February 11, 2011 @ 9 A.M.
3. March 11, 2011 @ 9 A.M.
4. April 8, 2011 @ 9 A.M.
5. May 13, 2011 @ 9 A.M.
B. Mayor's Proclamation
1. Proclaiming March 8, 2011 ELECTION DAY
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by William Wietsma, agent for
John C. and Cherie N. Arscott, owners of property located at
582 Palm Way, Gulf Stream, Florida, legally described as
Lots 23 -A and 24, Polo Cove Subdivision, according to the
Plat thereof, as recorded in Plat Book 24, Page 73 of the
Public Records of Palm Beach County.
a. SPECIAL EXCEPTION to permit the extension of an
existing non - conforming wall that encroaches 20' into
the setback fronting the Intracoastal Waterway and the
inlet into Polo Cove.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit an
addition of 1,097 sq. ft. on the first story and an
addition of 408 sq. ft. on the second story of an
existing non - conforming Gulf Stream Bermuda style
single family dwelling and the installation of a new
swimming pool.
VIII. Reports.
A. Town Manager
1. Proposed Annexation Update
2. Overhead Utility Undergrounding Project Update
B. Architectural Review & Planning Board
1. Meeting Dates
a. December 16, 2010 @ 8:30 A.M.
b. January 27, 2011 @ 8:30 A.M.
C. February 24, 2011 @ 8:30 A.M.
d. March 24, 2011 @ 8:30 A.M.
e. April 28, 2011 @ 8:30 A.M.
f. May 26, 2011 @ 8:30 A.M.
C. Finance Director
1. Financial Report for November 2010
2. Water Usage as of November 30, 2010
D. Police Chief
1. Activity for November 2010
AGENDA CONTINUED
IX. Correspondence.
A. Resolution No. R10 -164; A Resolution of the City of Boynton
Beach, Florida, expressing support for the Florida Department
of Transportation's SFEC Corridor Project (from Jupiter to
Miami) and its affiliated regional and county transportation
agencies; acknowledging potential station locations;
n acknowledging the City of Boynton Beach's commitment to the
project to enhance mobility in the southeast Florida region.
X. Items for Commission Action.
A. Resolution No. 010 -8; A Resolution of the Town of Gulf
Stream, Florida electing to use the uniform method of
collecting non -ad valorem special assessments levied within
the incorporated area of the Town as described herein;
stating a need for such levy; providing for the mailing of
this resolution; and providing for an effective date.
B. Approval of "straw ballot" language and information related
to proposed undergrounding of overhead wiring.
C. Changes to Personnel Policy
D. 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
BE BASED. F.S.S. 286.0105
N
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 10, 2010 AT
9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD,
GULF STREAM, FLORIDA.
I
II
III
Call to Order. Mayor Koch called the meeting to order at 9:00
A.M.
Pledge of Allegiance. The Pledge of Allegiance was led by the
Mayor.
Roll Call.
Present and
Participating
Also Present and
Participating
William F. Koch, Jr
Joan K. Orthwein
Chris D. Wheeler
Muriel J. Anderson
Fred B. Devitt, III
William H. Thrasher
Rita L. Taylor
Garrett J. Ward
John Randolph
Marty Minor
Joni Brinkman
Danny Brannon
Lee Evitt, VP, Financial
Services /Orlando
Susan Schoettle -Gumm, Esq
Mayor
Vice -Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Clerk
Police Chief
Town Attorney
Urban Design Kilday
Studios
Urban Design Kilday
Studios
Brannon & Gillespie
WillDan Financial
Services
Attorney for Under -
Grounding Project
IV. Minutes of the Regular Meeting of November 12, 2010.
Commissioner Anderson moved and Commissioner Devitt seconded to approve
the Minutes of the Regular Meeting of November 12. 2010. There was no
discussion. All voted AYE.
V. Additions, withdrawals, deferrals
Mr. Thrasher requested
deferred to the January
deferred.
VI. Announcements.
of aaenda items.
that Item X.C. Changes to Personnel Policy be
14, 2011 Town Commission Meeting. The item was
A. Regular Meetings and Public Hearings
1. January 14, 2011 @ 9 A.M.
2. February 11, 2011 @ 9 A.M.
3. March 11, 2011 @ 9 A.M.
4. April 8, 2011 @ 9 A.M.
5. May 13, 2011 @ 9 A.M.
There were no conflicts in the meeting schedule
B. Mayor's Proclamation
1. Proclaiming March 8, 2011 ELECTION DAY
Clerk Taylor read the Mayor's Proclamation proclaiming March 8, 2011
Election Day.
Regular Meeting and Public Hearing
Town Commission - December 10, 2010 Page 2
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by William Wietsma, agent for
John C. and Cherie N. Arscott, owners of property located at
582 Palm Way, Gulf Stream, Florida, legally described as
Lots 23 -A and 24, Polo Cove Subdivision, according to the
0 Plat thereof, as recorded in Plat Book 24, Page 73 of the
Public Records of Palm Beach County.
a. SPECIAL EXCEPTION to permit the extension of an
existing non - conforming wall that encroaches 20, into
the setback fronting the Intracoastal Waterway and the
inlet into Polo Cove.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit an
addition of 1,097 sq. ft. on the first story and an
addition of 408 sq. ft. on the second story of an
existing non - conforming Gulf Stream Bermuda style
single family dwelling and the installation of a new
swimming pool.
Clerk Taylor asked if there were any ex -parte communications concerning
this matter. There were none. Clerk Taylor administered the oath to
William Wietsma, agent for Arscott.
Mr. Wietsma explained that they propose adding 1,097 SF to the first
story and adding 408 SF to the second story of the existing home,
redoing all facades, rebuilding the house from the inside out and
installing a swimming pool. Commissioner Wheeler moved and Commissioner
Anderson seconded to approve the Special Exception to permit the
extension of an existing non - confirming wall that encroaches
approximately 20 feet into the west side setback and approximately 20
feet into the rear setback. There was no discussion. All voted AYE.
Commissioner Wheeler moved and Vice -Mayor Orthwein seconded to approve
Level III Architectural /Site Plan based on a finding that the proposed
addition of 1,097 SF on the first story and an addition of 408 SF on the
second story of an existing non - conforming Gulf Stream Bermuda style
single family dwelling and the installation of a new swimming pool meet
the minimum intent of the Design Manual and applicable review standards,
with the following conditions: 1) Electric service line shall be buried
if it is not already; 2) Prior to the issuance of a Certificate of
Occupancy the owner of the property shall prepare and record a Gulf
)
Stream Driveway Removal Agreement. There was no discussion. All voted
AYE.
VIII. Reports
A. Town Manager
1. Proposed Annexation Update
Mr. Thrasher introduced Joni Brinkman, Planning Director and Marty
Minor, Senior Planner, of Urban Design Kilday Studios who provided an
update regarding annexation. Ms. Brinkman said her office will be
assisting the Town with the annexation referendum which is scheduled for
the March election. She said several meetings and discussions have
taken place with various parties regarding annexation and there have
Regular Meeting and Public Hearing
Town Commission - December 10, 2010 Page 3
been discussions with Kurt Bressner of the City of Boynton Beach. The
Interlocal Agreement with the City of Boynton Beach is still in place
and will remain in place if annexation does not go through. On December
9th they met with the Palm Beach County Planning Division's Director of
Planning and his staff concerning the Annexation Service Report which,
pursuant to Chapter 171 of the State Annexation Ordinance, the Town is
required to submit. Palm Beach County Attorney Bob Banks participated
in the meeting via conference call. The Annexation Service Report
outlines services that are being provided, services that will continue
to be provided to the annexation area, as well as any changes to the
service provision, specifically police and fire rescue services. Ms.
Brinkman said the Report will be submitted in draft to the Town Manager
and the Town Attorney for review and will go to Palm Beach County before
the holidays. She said the Town is also required to notify all
registered voters within the annexation area in the form of a legal
notice via U.S. Mail prior to January 4, 2011. Ms. Brinkman said she
will be working with Town staff to finalize the notice and the overhead
utilities undergrounding project will be mentioned in the notice. They
are working on a venue and a convenient time to schedule an
informational meeting for residents in the annexation area and all
information to be provided will be reviewed by the attorneys prior to
the meeting to ensure that everything is in compliance with statutory
requirements with regard to municipalities.
Mr. Minor explained the process of annexation with a referendum, stating
that there are three main tasks involved, as follows: (1) The creation
of an Annexation Report outlining how municipal services will be
transferred from one government entity to another; (2) the adoption by
the Town Commission of an Annexation Ordinance agreeing to establish the
Referendum that says if the voters are in favor the annexation will take
place; and (3) establishing the Referendum. Mr. Minor said there are 12
properties in the annexation area, known as the County Pocket, from the
Little Club to Sea Road. There are approximately 100 dwelling units
with 93 registered voters within the area. He said part of the State
Statutes say that if 70% of the land you are annexing is owned by a
corporation or non - registered voters you must annex by another process.
However, only 34% of this area is owned by a corporation or non-
registered voters. Mr. Minor said if annexation is approved, two main
services will be changing, as follows: Police services, which are
r-� currently provided by the Palm Beach County Sheriff and will be provided
by the Town of Gulf Stream; and, fire rescue services, which are
currently provided by Palm Beach County and will be provided by the City
of Delray Beach Station No. 2 under the Town's Agreement with the City
of Delray Beach. The Town of Gulf Stream has a contract with Waste
Management and, therefore, services will extend to the annexed area.
Mr. Minor said the deadline for submitting the Annexation Report to Palm
Beach County is December 30th and they are hoping to submit the Report
before the holidays.
Mr. Minor briefly reviewed the annexation timeline saying that the
mailing to the property owners will go out by January 4, 2011, the Town
Commission will meet on January 14, 2011 for first reading of the
Regular Meeting and Public Hearing
Town Commission - December 10, 2010
Page 4
Annexation Ordinance and the 2nd reading of the Ordinance must occur 30
days prior to the March 8th election. He said this will require a
Special Town Commission Meeting to take place before February 6th and
asked the Commissioner if they would schedule a Special Meeting at this
time. Mr. Minor said once the Town has the 2nd reading and the
G Annexation Ordinance is adopted, it will go to Referendum for the March
8th election.
Mayor Koch said the Town Commission will not state whether or not they
are in favor of annexation, the decision is up to the residents by
referendum. Commissioner Wheeler asked when the Town will communicate
with their residents concerning annexation. Mr. Minor said it is a dual
referendum, there will be two advertisements and there will be an option
for public informational meetings for not residents of the Town of Gulf
Stream, but for the registered voters in the annexation area because
they will also be voting on annexation. Commissioner Wheeler said he
was under the impression that the Town would formally communicate with
residents in writing stating the facts. Mr. Thrasher said the Civic
Association will be the conduit.
Mr. Robert Ganger, President of the Civic Association, said they will
communicate with residents regarding the undergrounding project as a
separate issue and will have extensive communication regarding
annexation in the form of a letter. He said they will only present the
facts in their communication and will make it clear that there will be a
dual referendum and that registered voters in both the annexation area
and the Town of Gulf Stream will be making the decision whether or not
to annex, not the Town Commission. Mr. Ganger said they are testing the
process to be sure they are able to reach everyone in a timely manner.
The letter will go out to residents in late January, there will be a
public meeting sponsored by the Civic Association and they are also
considering a reminder card which will go out just before the election.
Mr. Randolph asked the consultants about the letter they talked about in
their presentation which he will be asked to review for accuracy. Ms.
Brinkman explained that it is a statutory requirement that the letter be
mailed out to the residents in the annexation area and it is specific to
annexation, but the undergrounding project will be mentioned in this
letter so those residents are aware of what is happening. They would
�— like Mr. Randolph to look at their presentation to be sure it is
informational only with no position taken on behalf of the Town as to
which way residents should vote.
Mr. Minor asked the Commission to choose a date for the second Public
Hearing which must take place before February 6th. Clerk Taylor said the
regular Commission Meeting date is February 11th, but the second reading
cannot wait for that date. She said Friday, February 4th is open, which
is one week before the regular Commission Meeting. Mr. Thrasher said it
was decided in a previous meeting that they would not change meeting
dates because of potential conflicts, but it may be necessary at this
time. Commissioner Wheeler asked if everyone would be available on
February 4th and there were no conflicts. Commissioner Devitt asked for
Regular Meeting and Public Hearing
Town Commission - December 10, 2010
Page 5
a reminder of why the Commission decided not to change meeting dates.
Commissioner Anderson said the last time they rescheduled a regular
meeting, it created a hardship for a resident who planned to appear
before the Public Hearing to present her views and the views of her
neighbors concerning another neighbor's proposed project. She was not
informed of the change in the meeting date. Commissioner wheeler moved
Uand Commissioner Devitt seconded to reschedule the Regular Meeting date
of February 11, 2011 to Friday, February 4, 2011 for second reading and
adoption of the Annexation Ordinance. There was no discussion. Roll
Call: Vice -Mayor Orthwein, AYE; Commissioner Devitt, AYE; Commissioner
Anderson, NO; Commissioner Wheeler, AYE; Mayor Koch, AYE. The motion
passed 4 - 0. Clerk Taylor stated for the record that the February 11th
regular meeting date will be changed to February 4th and the Annexation
Ordinance will be on the Agenda for 2nd reading and adoption.
2. Overhead Utility Undergrounding Project Update
Mr. Thrasher invited Lee Evitt, V.P. of Financial Services /Orlando of
WillDan Financial Services, Danny Brannon, Engineer, of Brannon &
Gillespie, the Town's undergrounding consulting firm, and Susan
Schoettle -Gumm, Esq., the attorney for the project, to update the
Commission on the undergrounding project. Mr. Evitt introduced the
entire team saying both WillDan and Brannon & Gillespie are the only
groups that have done undergrounding utility assessment programs in the
State of Florida; WillDan has done three and Brannon & Gillespie has
done four, and both firms are highly experienced in these matters. He
said Susan Schoettle -Gumm is the former Assistant County Attorney for
Sarasota specializing in the assessment process and will be advising and
working with Mr. Randolph on the resolutions and ordinances to be
adopted in the process. Mr. Evitt said he would talk about the
assessment methodology, Mr. Brannon would talk about the engineering
aspects and Ms. Schoettle -Gumm would discuss the legalities. He said
Mr. Brannon will be handling the design and construction of the
undergrounding process, this is his fourth project and he was previously
employed with FP &L.
Mr. Brannon said they are gathering assessment figures and preparing to
notify residents regarding the vote which is coming up at the first of
the year. He said they would like to be in a position to move forward
with the process after the vote and will ask the Commission to provide
the authority to issue RFPS to establish a resource pool. Mr. Brannon
explained that the pool of resources will include land surveyors,
landscapers and other contractors that will be needed on an ongoing
basis. Vice -Mayor orthwein moved and Commissioner Anderson seconded to
authorize the Town Manager to issue RFPS in order to establish a pool of
resources for the undergrounding project. There was no discussion. All
voted AYE.
Mayor Koch asked if there will be enough right -of -way for the placement
of transformers and other equipment. Mr. Brannon said they have not
done title searches yet but there is plenty of right -of -way along A1A.
He said it may be necessary to pour curbing around the equipment in some
areas and the speed limit may need to be reduced in those areas. Mr.
Regular Meeting and Public Hearing
Town Commission - December 10, 2010
Page 6
Thrasher said it may be necessary to acquire easements in some areas.
Mr. Brannon said in Jupiter Inlet Colony all of the equipment was placed
in the right -of -way.
Mr. Evitt explained that he is developing the assessment methodology and
O will produce documents necessary to justify an assessment process and
for the Town to fund the mechanism through the assessment process. He
said this is the most common method of funding this type of program and
it is necessary to develop an assessment methodology to allow the Town
to legally assess the properties accordingly. The method is established
in case law and the general thoughts are that it must be fair,
reasonable, clear and unambiguous. He said these rules allow them to
develop a nexus between special benefits and general benefits with a
property and the cost of the project is assessed based on special
benefits. Mr. Evitt explained that all properties will receive general
benefits because they already have access to such things as electricity.
He said it is a very clear process in that properties will only be
assessed for special benefits assigned to them, such as improvements to
safety, liability and esthetics and tax - exempt properties will still be
liable for the assessment for special benefits. Mr. Evitt said each
property must be identified and they have physically walked through the
entire Town in order to identify specific attributes of each property
and the location of lines. He said they deal with each individual
property through the Palm Beach County Property Appraiser's property
records, which are not completely up to date with regard to ownership.
Mr. Brannon said it is possible that some property owners may not
receive their assessment notice because they have not updated their
property records with the Property Appraiser.
Mr. Evitt said they have considered the cost of this project with the
annexation area included in the process and the issue of any
differential cost to the annexation area versus the Town as it exists
today is not an issue. Mayor Koch asked if they have taken into
consideration that some areas of the Town have already completed the
undergrounding process. Mr. Evitt said yes and the subdivision on the
other side of the Intracoastal will not be involved this project. Mr.
Thrasher asked if it is possible that properties east of the
Intracoastal that have already completed undergrounding will be assessed
for any portion of this project. Mr. Evitt said they will be assessed
for any special benefits that are assigned to their property and there
will baseline charges and other charges involved, but they will only be
assessed for whatever affects their individual property.
Mr. Ganger said, with respect to annexation, residents in the annexation
area will benefit from a lower cost because they will be part of a
larger project and the Town of Gulf Stream will benefit by spreading the
cost over a larger area. Mr. Evitt said if the residents in the
annexation area decided to do the undergrounding on their own, their
cost would be significantly higher than if they were annexed into the
Town and included in the Town's project. He said it is revenue neutral
at this point because the annexation area is very small and will not
affect the Town's cost if they are annexed in. Gary Dering, a resident
Regular Meeting and Public Hearing
Town Commission - December 10, 2010
Page 7
of Ballentrae Condominiums, asked if preliminary assessment estimates
were available. Mr. Evitt said no, but they are waiting for contracts
to come in which will assist in finalizing the cost. Hewlett Kent, a
Gulf Stream resident, asked if all property owners in Gulf Stream will
have an opportunity to vote on undergrounding or if it is just those who
will have an assessment. Mr. Brannon responded with an example using
Uthe west end of Middle Road where the lines are already underground
saying that those properties may still be assessed for special benefits
such as improvements to safety and esthetics to the neighborhood. He
said that special benefits are not necessarily directly on your
property, but will be in your neighborhood which will affect your
property.
Susan Schoettle -Gumm, the attorney for the project, outlined the process
that is planned for the undergrounding project in terms of the Town's
decision making, public hearings and imposition of special assessments
it the project moves forward. She said they are progressing in an
organized manner so that costs are not incurred until the Town decides
to move forward. Preliminary engineering and preliminary analysis of
the assessment and allocation process have been done. The next step to
be considered at this meeting will be the adoption of a Resolution of
Intent, which is a procedural requirement in the Florida Statutes and a
precursor to allowing the Town to place special assessments on annual
tax bills, should they be adopted by the Town. She said Florida
Statutes are unique in that they allow local governments to place
assessments on tax bills, which simplifies collection and the notice
process. Ms. Schoettle -Gumm explained that the Notice of Intent places
the public, the property appraiser and the tax collector on notice that
it is the Town's intention to use this process, but the Town is not
committed. She said the reason for doing it now is that the Statutes
require four consecutive weeks of advertising prior to the public
hearing we are holding today, it must be done prior to January 1st and
if adopted today we will have met that procedural requirement.
Ms. Schoettle -Gumm explained that before imposing special assessments
there must be at least two more public hearings for the public to
comment and ask questions. If the ballot is approved and the Town moves
forward with the project, an ordinance will be drafted and there will be
a public hearing for adoption of the ordinance, which sets up the
specific process and legal structure for imposing special assessments.
The ordinance will call for a preliminary resolution that will include
details of the allocation process and will reference the allocation
report that WillDan Financial Services prepares based on the cost
information provided by Brannon & Gillespie. Based on the resolution, a
preliminary assessment roll will be prepared and first class notices
will be mailed to each property owner within the assessment area. The
first class notices set and establish a public hearing and, at that
public hearing, the Town will consider and determine whether they will
adopt and impose the special assessment. If the final assessment
resolution is approved, then prior to September 15th the final assessment
roll must be submitted to the Tax Collector and those assessments would
go out on the November 2011 tax bill. This is the legal process
Regular Meeting and Public Hearing
Town Commission - December 10, 2010 Page 8
required for imposing special assessments, but the Town has chosen to
add a preliminary ballot process, which is optional. Property owners
within the assessment area who would be subject to the special
assessments will receive an information sheet and a project ballot to be
returned to the Town no later than 2:00 P.M. on February 7, 2011. It is
not legally required, but the Commission chose to do this to get a firm
C; reading on what the residents in the area of this project want to do.
The way the ballot is structured, if a majority of the ballots returned
and counted vote for the project, then the Commission will go forward
with adoption and imposition of special assessments. If a majority of
the votes received and counted are against the project, or if there is a
tie vote, the project will not go forward. This is the way it is
structured right now and Ms. Schoettle -Gumm asked the Commission if this
is the way they want the question to be posed. The consensus of the
Commission was to pose the question in that way.
David Frye, a resident of Ballentrae Condominiums, asked if a separate
undergrounding ballot would go out to residents in the annexation area
if annexation is approved. Ms. Schoettle -Gumm said it is not a legal
requirement, but the Commission could choose to propose it that way.
The only legal requirement would be the written consent of all the
property owners in the annexed area in order to be able to impose a
special assessment on them in the coming tax year. There is a specific
separate process for annexed properties in the Florida Statutes or you
can go through the notice process and impose the assessments the way you
normally would. If you receive 100% of the written consent, the
assessment could be on next year's tax bill. She said the phasing of
the undergrounding project is a separate engineering and project
management issue, but it would not be complicated to include the annexed
area in the assessment process in a subsequent year. Ms. Schoettle -Gumm
clarified that you do not have to be a registered voter for the ballot
process, but you must be listed as an owner of the property as shown on
the Property Appraiser's tax records.
Mr. Ganger said he is spending a lot of time talking to people about
this project and asked if the ballot makes it clear as to who signs the
ballot. Ms. Schoettle -Gumm said the ballot does make it clear that each
parcel has one vote, but if a husband and wife have joint ownership it
should be made clear that both husband and wife should sign and the
language can be modified to make that clear. If a property is owned by
C� a corporation, the ballot does make it clear that a person authorized by
the entity, such as the president or manager, should sign the ballot.
Mr. Thrasher asked Mr. Brannon if the undergrounding will be done in two
phases and he asked Mr. Brannon to explain in a way that will address
Mr. Frye's question. Mr. Brannon said it would be done in two phases;
Phase I is the south phase and would take about 6 - 8 months. Then they
would move on to Phase II at the north end and by that time they would
have clarity on the annexation issue and will know whether or not to
include the annexation area. He said the project would probably be
complete by Fall of 2012. Ms. Brinkman asked Ms. Schoettle -Gumm if
annexation would complicate the process in the event there was not 100%
Regular Meeting and Public Hearing
Town Commission - December 10, 2010
Page 9
written consent from residents in the annexation area. Ms. Schoettle-
Gumm said the Town would simply go through the same notice and public
hearing process they are doing for the currently defined project area
and it would just add a little more paperwork and a public hearing. The
Town has the governmental authority and power to choose to impose the
G special assessments in that area and a ballot would not be necessary.
Ms. Schoettle -Gumm said drafts of the information sheet and ballot were
included in their Commission packet and asked if the Commission would go
through the approval process for the mailing at this time. She said the
language in the information sheet can be modified to make it as clear as
possible and a parcel- specific estimate of their assessment will be
included. The Town of Gulf Stream Information on Underground Utilities
Project and Proposed Non -Ad Valorem Assessments information sheet and
the Official Property Owner Project Ballot would be included in the
informational mailing. The Ballot has an area where they will vote and
sign and detailed instructions for completing and submitting the Ballot
will be on the reverse side. Mayor Koch asked Mr. Ganger if the Civic
Association was planning an informational meeting. Mr. Ganger said they
will send out an information letter about the project and then another
letter will go out on December 28th prior to the mailing of the ballot.
This letter will inform residents that they will be receiving the ballot
and will invite them to attend two public meetings after they receive
the ballot so they can learn everything about the project and ask
questions of the consultants before they vote and return the ballot.
Commissioner Anderson and Commissioner Devitt had concerns that the
Ballot's signature box may not be clear regarding joint or a deceased
joint owner. Ms. Schoettle -Gumm said the language will be modified to
be sure it is clear. She asked the Commission for their support of the
"straw ballot" language and information related to the proposed
undergrounding of overhead utilities and for their support to do the
mailing. Vice -Mayor Orthwein moved and Commissioner Anderson seconded
to authorize the Town Manager to proceed with the mailing. There was no
discussion. All voted AYE.
B. Architectural Review & Planning Board
1. Meeting Dates
a. December 16, 2010 @ 8:30 A.M.
b. January 27, 2011 @ 8:30 A.M.
c. February 24, 2011 @ 8:30 A.M.
d. March 24, 2011 @ 8:30 A.M.
e. April 28, 2011 @ 8:30 A.M.
f. May 26, 2011 @ 8:30 A.M.
C. Finance Director
1. Financial Report for November 2010
Mr. Thrasher requested that the Financial Report for November 2010 be
approved as submitted. Vice -Mayor Orthwein moved and Commissioner
Devitt seconded to approve the Financial Report for November 2010.
There was no discussion. All voted AYE.
2. Water Usage as of November 30, 2010
Mayor Koch noted that the Water Usage as of November 30, 2010 was
included in their Commission packet for their information.
Regular Meeting and Public Hearing
Town Commission - December 10, 2010 Page 10
D. Police Chief
1. Activity for November 2010
Chief Ward requested that the Activity Report for November 2010 be
accepted as submitted. There was no discussion. The report was
accepted as submitted.
Cj IX. Correspondence.
A. Resolution No. R10 -164; A Resolution of the City of Boynton
Beach, Florida, expressing support for the Florida Department
of Transportation's SFEC Corridor Project (from Jupiter to
Miami) and its affiliated regional and county transportation
agencies; acknowledging potential station locations;
acknowledging the City of Boynton Beach's commitment to the
project to enhance mobility in the southeast Florida region.
Clerk Taylor noted that Resolution No. R10 -164 by the City of Boynton
Beach, Florida was included in the Commission Packet for information
purposes only. She said it is similar to previous Resolutions we have
received in support of Florida's Department of Transportation's SFEC
Corridor Project from Jupiter to Miami. No action by the Commission is
required.
X. Items for Commission Action.
A. Resolution No. 010 -8; A Resolution of the Town of Gulf
Stream, Florida electing to use the uniform method of
collecting non -ad valorem special assessments levied within
the incorporated area of the Town as described herein;
stating a need for such levy; providing for the mailing of
this resolution; and providing for an effective date.
Clerk Taylor said that this Resolution has been discussed and will be
open to the public. She said Resolution 010 -8 was noticed 4) times
during the past 4 weeks in the Palm Beach Post and following the reading
of this Resolution and discussion by the Commission, there will be an
opportunity for public comment prior to Commission action. Mr. Randolph
asked Clerk Taylor if she was legally required to read the entire
Resolution and she said she was not. Clerk Taylor read the Resolution
in title. Mayor Koch asked if there were any public comments. There
were no public comments. Commissioner Wheeler moved and vice -Mayor
Orthwein seconded to adopt Resolution No. 010 -8. There was no
discussion. All voted AYE.
B. Approval of "straw ballot" language and information related
to proposed undergrounding of overhead wiring.
This item was approved in Item VIII.A.2.
C. Changes to Personnel Policy
This item was deferred to the January 14, 2011 Town Commission Meeting.
D. Items by Mayor & Commissioners
There were no items by the Mayor or the Commissioners.
XI. Public. There were no items by the Public.
Regular Meeting and Public Hearing
Town Commission - December 10, 2010
Page 11
XII. Adjournment. Commission Devitt moved and vice -Mayor Orthwein
seconded to adjourn the meeting. There was no further discussion. The
meeting was adjourned at approximately 10:20 A.M.
Gail C. Abbale
Administrative Assistan