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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