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HomeMy Public PortalAbout01/14/2011NOTICE OF AN AMENDED /DEFERRED APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on Thursday, January 20, 2011, at 8:30 A.M., (deferred from hearing of December 16, 2010) and the Town Commission will hold a Public Hearing on Friday, February 4, 2011 at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application submitted by Mark Marsh of Bridges, Marsh & Associates, Inc., agent for Mr.& Mrs. Steven Silverman, owners of property located at 1465 N. Ocean Blvd., Gulf Stream, Florida, legally described as "A parcel of land in Section 10, Township 46 South, Range 43 East, Palm Beach County, Florida ", for the following: SPECIAL EXCEPTION to permit a conforming addition of 1,372 sq. ft. to the existing Mediterranean Revival non- conforming principal structure. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit a conforming addition to the existing Mediterranean Revival principal single family dwelling which includes a trellised walkway, family room, bedroom and study, a total of 1,372 square feet, and construction of 150 ft. of 8 ft. high stucco wall along the north side of the property. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application at the meetings noticed above. These meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The complete application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Architectural Review and Planning Board and the Town Commission of Q the Town of Gulf Stream at the times and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated: January 5, 2011 TOWN OF GULF STREAM, FLORIDA Z& 4 Rita L. Taylor, Town Clerk TOWN OF GULF STREAM, FLORIDA NOTICE OF PUBLIC HEARING AND ANNEXATION NOTICE IS HEREBY GIVEN that the Gulf Stream Town Commission will hold a Public Hearing on Friday, February 4, 2011 at 9:00 a.m. at the Gulf Stream Town Hall, 100 Sea Road, Gulf Stream, Florida to consider the annexation of certain unincorporated property contiguous to the Town boundaries. At this meeting, the Town Commission will consider annexing this property and adopting the following ordinance on first reading: ORDINANCE 011 /1 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR THE ANNEXATION INTO THE CORPORATE LIMITS OF THE TOWN OF GULF STREAM, FLORIDA OF CERTAIN REAL PROPERTY CONSISTING OF APPROXIMATELY 16.6 ACRES, MORE OR LESS, GENERALLY LOCATED EAST AND WEST OF NORTH OCEAN BOULEVARD (STATE ROAD A1A) FROM LITTLE CLUB ROAD SOUTH TO SEA ROAD; PROVIDING FOR A REFERENDUM ON THE QUESTION OF ANNEXATION FOR THE REGISTERED ELECTORS WITHIN THE PROPERTY PROPOSED FOR ANNEXATION; PROVIDING FOR A REFERENDUM ON THE QUESTION OF ANNEXATION FOR THE REGISTERED ELECTORS WITHIN THE TOWN; PROVIDING FOR SAID REFERENDUMS TO BE HELD ON MARCH 8, 2011; PROVIDING FOR AND AUTHORIZING THE UPDATING OF THE TOWN BOUNDARIES WITHIN THE TOWN CHARTER AND ALL OFFICIAL TOWN MAPS; PROVIDING FOR SEVERABIUTY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. cnareammaP Urnils Pak,Paaa,c q ausaawk Caryo -n - x Town Nell I' i I The area proposed for annexation is shown on the map above and Is generally described as approximately 16.6 acres located east and west of North Ocean Boulevard (State Road AIA) from Little Club Road south to Sea Road. The complete legal description of the area by metes and bounds and the proposed annexation ordinance (Ordinance 011 /1) can be inspected by the public and obtained from the office of the Town Clerk of Gulf Stream at 100 Sea Road, Gulf Stream, Florida 33483. If Ordinance 011/1 is adopted by the Town Commission, two referendums will be held on March 8, 2011 on the proposed annexation. A referendum on the proposed annexation will be held for the registered electors within the proposed annexation area and a separate referendum will be held on the proposed annexation by registered electors within the Town. The proposed annexation will go Into effect upon the passage of both referendums. All Interested persons are encouraged to attend and be heard. Any member of the public may appear at these meetings to speak regarding this Ordinance. If a person wishes to appeal the decision made by the Town Commission, that person will need a record of the proceeding and for such purpose may need C1 to ensure that a verbatim record of the proceedings Is made, which may Include the testimony and evidence upon which the appeal Is based. The Commission assumes no responsibility for furnishing said record, however, the hearing will be audio recorded by the Town for public use. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate In this meeting, because of disability or Impairment, should contact the Town Clerk, 561- 276 -5116 at least five (5) days prior to the hearing In order for the Town to reasonably accommodate your request. PUBLISH: Sunday, January 30, 2011 Palm Beach Post l TOM OF� GULF FSTREAM, FL Rita Taylor Town Clerk THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida F PROOF OF PUBLICATION I STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Ellen Sanita, who on oath says that she is Call Center Revenue Manager of The Palm Beach Post, a daily and Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising for a Notice in the matter Ordinance 011 /1 was published in said newspaper in the issues of January 7, 2011. Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she /he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Also published in Martin and St. Lucie Counties. Sworn to and subscribed before 7 1 day of January, A.D. 2011. Who is personally known to me. [x� A ! Vi?TL� NOTARY MBUCSTATE OF FWRMA f•"_ ""fir, Ku-en 'AL b cUnton FAQ `Commission ADDE32672 y,µ y Expires: NOV.15, 2012 Bt1NDIMUMU A'rt.Aomc BaNDntG I%RM NO.5755704R TOWN OF GULF STREAM, FLORIDA NOTICE OF PUBLIC HEARING AND ANNEXATION NOTICE IS HEREBY GIVEN that the Gulf Stream Town Commission will hold a Public Hearing on Friday, January 14, 2011 at 9:00a.m at the Gulf Stream Town Hall, 100 Sea Road, Gull Stream, Florida to consider the annexation of certain unincorrppoorated property contiguous to the Town boundaries. At this meeting, the Towns commission will consider annexing tltisoperly and adopting the following ordinance on the first reading: ORDINANCE 011 / 1 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA PROVIDING FOR THE ANNEXATION INTO THE CORPORATE LIMITS OF THE TOWN OF GULF STREAM, FLORIDA OF CERTAIN REAL PROPERTY CONSISTING OF APPROXIMATELY 16.6 ACRES, MORE OR LESS, GENERALLY LOCATED EAST AND WEST OF NORTH OCEAN BOULEVARD (STATE ROAD Al A) FROM LITTLE CLUB ROAD SOUTH TO SEA ROAD; PROVIDING FOR A REFERENDUM ON THE QUESTION OF ANNEXATION FOR THE REGISTERED ELECTORS WITHIN THE PROPERTY PROPOSED FOR ANNEXATION; PROVING A REFERENDUM ON THE QUESTION OF ANNEXATION FOR THE REGISTERED ELECTORS WITHIN THE TOWN; PROVIDING FOR SAID REFERENDUMS WILL BE HELD ON MARCH 8, 2011; PROVIDING FOR AND AUTHORIZING THE UPDATING OF THE TOWN BOUNDARIES WITHIN THE TOWN CHARTER AND ALL OFFICIAL TOWN MAPS; PROVIDING FOR SEVERABIU1y, PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. t I F r 1 , r The area proposed for annexation is drown on the map above and is generally described as approximately 16.6 acres located east and west of North Ocean Boulevard (Stale Road AIAI from Little Club Road south to Sea Road. The complete legal desmplion of the area by metes and bounds and the proposed annexation ordinance (Ordinance 011 /1) can be inspected by the Public and obtained from the office of the Town Clerk of Gulf Stream of 100 Sea Road, Gulf Stream, Florida 33483. If Ordinance 011 /1 is adopted by the Town Commission, two referendums will be held on March 8, 2011 on the proposed annexation. A referendum on the proposed annexation will be held for the registered electors within the proposed annexation area and a separate referendum will be held on the proposed annexation by registered electors within the Town. The proposed annexation will go into effect upon the passage of both refere• All inhris persons are encouraged to a8end and be heard.. ember of Ifie public may appear al these meetings b speak regarding this Ordinance. If a person wishes b appeal the deci..on made by the Town Commission, teat person will need a record of the proceeding and for such purpose may need to ensure that a veriatim record of the proceedings is made, which may include the Ieslimony and evidence upon which the appeal is based. The Commission assumes no responsibility for famishing said record, however, the hearing will fx audio recorded by the Town for public use. Pursuant to the provisions of the Americans wits Disabili8es Act, any person requiring special accommodations b par8cipale in Ibis meeting because of disability or impairment, should contact the Town Clerk, 561-2765116 of least five f 5) days prior b the hearing in order for the Town to reasonably accommodate your request. PUBLISH: Friday, January 7, 2011 TOWN OF GULF STREAM, FL Rita L Taylor, Town Clerk January 7, 2011 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, JANUARY 14, 2011 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 December 10, 2010. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. February 4, 2011 @ 9 A.M. 3. March 11, 2011 @ 9 A.M. 4. March 11, 2011 @ noon (seating of commissioners) 5. April 8, 2011 @ 9 A.M. 6. May 13, 2011 @ 9 A.M. 7. June 10, 2011 @ 9 A.M. B. Municipal Election -March 8, 2011, 7 A.M. to 7 P.M. VII. Reports. A. Town Manager 1. Overhead Utility Undergrounding Project Update B. Architectural Review & Planning Board 1. Meeting Dates a. January 20, 2011 @ 8:30 A.M. b. February 24, 2011 @ 8:30 A.M. c. March 24, 2011 @ 8:30 A.M. d. April 28, 2011 @ 8:30 A.M. e. May 26, 2011 @ 8:30 A.M. f. June 23, 2011 @ 8:30 A.M. 2. Minutes of the meeting of 12- 16 -10. C. Finance Director 1. Financial Report for December 2010. D. Police Chief 1. Activity for December 2010. VIII. Items for Commission Action. A. PUBLIC HEARING 1. Ordinance No. 011/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH, FLORIDA, PROVIDING FOR THE ANNEXATION INTO THE CORPORATE LIMITS OF THE TOWN OF GULF STREAM, FLORIDA OF CERTAIN REAL PROPERTY CONSISTING OF APPROXIMATELY 16.6 ACRES, MORE OR LESS, GENEREALLY LOCATED EAST AND WEST OF NORTH OCEAN BOULEVARD (STATE ROAD A1A) FROM LITTLE CLUB ROAD SOUTH TO SEA ROAD; PROVIDING FOR A REFERENDUM ON THE QUESTION OF ANNEXATION FOR THE REGISTERED ELECTORS WITHIN THE PROPERTY PROPOSED FOR ANNEXATION;PROVIDING FOR A REFERENDUM ON THE QUESTION OF ANNEXATION FOR THE REGISTERED ELECTORS WITHIN THE TOWN; PROVIDING FOR SAID REFERENDUMS TO BE HELD ON MARCH 8 2011; PROVIDING FOR AND AUTHORIZING THE UPDATING OF THE TOWN BOUNDARIES WITHIN THE TOWN CHARTER AND ALL OFFICIAL TOWN MAPS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CONDIFICATION; PROVIDING AN EFFECTIVE DATE.(First Reading) AGENDA CONTINUED B. Approval of Health Reimbursement Plan Document C. Changes to Personnel Policy D. Items by Mayor & Commissioners IX. Public. 0 X. 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 C C% MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JANUARY 14, 2011 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. lei III 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 Mayor Vice -Mayor Commissioner Commissioner Commissioner Town manager Town Clerk Police Chief Town Attorney IV. Minutes of the Regular Meeting of December 10, 2010. Commissioner Devitt moved and Commissioner Anderson seconded to approve the Minutes of the Regular Meeting of December 10, 2010. There was no discussion. All voted AYE. V. Additi There were no to the Agenda. of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. February 4, 2011 @ 9 A.M. 3. March 11, 2011 @ 9 A.M. 4. March 11, 2011 @ noon (seating of commissioners) 5. April 8, 2011 @ 9 A.M. 6. May 13, 2011 @ 9 A.M. 7. June 10, 2011 @ 9 A.M. There were no conflicts with the meeting schedule. B. Municipal Election -March 8, 2011, 7 A.M. to 7 P.M. Clerk Taylor requested permission to designate Town Hall Commission Chambers as a polling place for registered voters in the annexation area as well as being the official polling place for registered voters in the Town of Gulf Stream. She said the room is large enough to be divided in half to accommodate both elections and it would be convenient for the other precinct. Clerk Taylor explained that she went by their previously designated polling place, which is now deserted and unkempt, and when she reported this information to the Supervisor of Elections Clerk Taylor was told that she would be responsible for locating another polling place for that precinct. Vice -Mayor Orthwein moved and Commissioner Devitt seconded to give permission to designate Town Hall Regular Meeting and Public Hearing Town Commission - January 14, 2011 Page 2 Commission Chambers as a polling place for registered voters in the annexation area. There was no discussion. All voted AYE. Clerk Taylor said she will send notices to the registered voters in the annexation area indicating that Town Hall will be their polling place. VII. Reports. A. Town Manager 1. Overhead Utility Undergrounding Project Update Town Manager Bill Thrasher commented that the information portion of the undergrounding project is well under way. He said a public meeting was held on Wednesday, January 12th at 5:30 P.M. in the Chapel of Gulf Stream School and another public meeting is scheduled for Thursday, February 3rd at 5:30 P.M. at Town Hall. Mr. Thrasher said approximately 535 ballots have been sent out and 70 ballots have been received to date. He said some residents have notified the Town that they did not receive their ballot. Mr. Thrasher said the Town's main objective is to see that everyone is informed, and he said staff is able to quickly generate a replacement ballot for those who did not receive one in the mail. He added that there will be a tool in place for monitoring returned ballots for duplicates. Robert Ganger, President of the Gulf Stream Civic Association, said they originally planned to hold the February 3 =d public meeting at Town Hall; however, there may be an attendance issue due to space. He said 71 residents attended the January 12th meeting and there were many others who planned to attend and could not make it due to various conflicts. He said the Head Master of Gulf Stream School offered the Chapel for the February 3rd meeting because it accommodates a larger crowd and Mr. Ganger said the Civic Association will notify everyone of the change in venue. Mr. Ganger said the Civic Association has been trying to meet with the Homeowners' Associations along A1A to inform them of the facts relating to undergrounding. He said it is a very complex matter and they want to be sure that everyone has full knowledge of the facts before voting. Mayor Koch said undergrounding is not a new discussion in Gulf Stream. He said Bob Reed, the developer of Place Au Soleil, which has always been a part of Gulf Stream, undergrounded the overhead utilities before developing the property. Commissioner Anderson noted that the developer paid the total cost of undergrounding the overhead utilities in Place Au Soleil. Mayor Koch said many Gulf Stream residents have asked why overhead utilities have not been undergrounded on the Island. He said it is expensive; however, the Town recognizes its value and is now asking residents to decide whether or not to move forward with this project. He said the same applies to annexation where registered voters in Gulf Stream and registered voters in the annexation area will decide whether or not annexation will take place when they vote in the March Election. Regular Meeting and Public Hearing Town Commission - January 14, 2011 Page 3 B. Architectural Review & Planning Board 1. Meeting Dates a. January 20, 2011 @ 8:30 A.M. b. February 24, 2011 @ 8:30 A.M. c. March 24, 2011 @ 8:30 A.M. d. April 28, 2011 @ 8:30 A.M. e. May 26, 2011 @ 8:30 A.M. f. June 23, 2011 @ 8:30 A.M. There was no discussion concerning the scheduled meeting dates for the Architectural Review & Planning board 2. Minutes of the meeting of 12- 16 -10. There was no discussion concerning the Minutes of the December 16, 2010 ARPB Meeting. C. Finance Director 1. Financial Report for December 2010. Mr. Thrasher asked that the Financial Report be approved as submitted, but he said he had a couple of comments concerning the Report before the Commission takes action. He said two new police vehicles have been delivered and the cost for the two together exceed the $25,000 limit which he is required to submit to the Commission for approval. Mr. Thrasher explained that the Town has to sign up with the State and inform them that we want to exercise our right to piggy -back their contract. He said he was not able to inform the Commission of the expenditure because the Town was not informed of the delivery date and they were delivered just following the last Commission meeting. Mr. Thrasher said he does not know what the consequences will be for not informing the Commission, but the $25,000 expenditure is included in the Financial Report. Mr. Thrasher said from the beginning and throughout the annexation and undergrounding projects $55,000 has been allocated from un- appropriated funds and the Civic Association committed to another $15,000 toward the funding of these projects. He said the expenditures of the $55,000 are about even and he is asking for an additional $15,000 to be allocated from un- appropriated funds for the consultants to complete the necessary and it is follow -up that was not anticipated. Commissioner Wheeler asked if this is included in the original budget, is it a timing issue and just happening sooner than expected or is it an override. Mr. Thrasher said they are necessary overrides, such as follow -up questions coming in which neither he or staff is technically qualified to answer. Commissioner Wheeler asked how much contingency was available and Mr. GThrasher said about $4,500 is available, but not all of the bills have been received. He said Wildan has completed their assessment process, but they have only billed for about 90% of their work. He explained that the $55,000 was allocated from un- appropriated Mr. Thrasher explained that $55,000 was allocated from un- appropriated funds in Fiscal Year 2010, which ended September 30, 2010. His forecast is that the Town will build the fund balance by approximately $80,000 because revenues were in excess of expenditures by approximately $80,000, which means that the $55,000 appropriation was absorbed in last Regular Meeting and Public Hearing Town Commission - January 14, 2011 Page 4 year's budget. Mr. Ganger said there are several items that have been billed concerning communication relating to the facts of the projects which will probably influence the vote and those items should legitimately be paid by the Civic Association. He said the Civic Association will abide by their commitment, but their money is just beginning to come in and as soon as he can make a bank deposit, the Town will be paid. Mr. Thrasher said an additional allocation is still C} required to complete the necessary follow -up for these projects and he is asking for $15,000 to be allocated from un- appropriated funds. Commissioner Devitt moved and Commissioner Anderson seconded to allocate an additional $15,000 from un- appropriated funds to complete the necessary follow -up for the undergrounding project. There was no discussion. All voted AYE. Vice -Mayor Orthwein moved and Commissioner Anderson seconded to approve the Financial Report for December 2010 as submitted. There was no discussion. All voted AYE. D. Police Chief 1. Activity for December 2010. Chief Ward asked that the Activity Report for December 2010 be accepted as submitted. Commissioner Anderson asked about the reports of a dog in Place Au Soleil that has attacked people. Chief Ward explained that the dog has been designated as vicious and certain restraints have been placed on the owners concerning the dog. He said the dog must be muzzled when outside of the home and signs have been posted warning to beware of the dog. He said there have been additional complaints, most of them invalid, but they have turned the entire investigation over the Palm Beach County Animal Care and Control. The Activity Report for December 2010 was accepted as submitted. VIII. Items for Commission Action. A. PUBLIC HEARING 1. Ordinance No. 011/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH, FLORIDA, PROVIDING FOR THE ANNEXATION INTO THE CORPORATE LIMITS OF THE TOWN OF GULF STREAM, FLORIDA OF CERTAIN REAL PROPERTY CONSISTING OF APPROXIMATELY 16.6 ACRES, MORE OR LESS, GENEREALLY LOCATED EAST AND WEST OF NORTH OCEAN BOULEVARD (STATE ROAD AlA) FROM LITTLE CLUB ROAD SOUTH TO SEA ROAD; PROVIDING FOR A REFERENDUM ON THE QUESTION OF ANNEXATION FOR THE REGISTERED ELECTORS WITHIN THE PROPERTY PROPOSED FOR ANNEXATION;PROVIDING FOR A REFERENDUM ON THE QUESTION OF ANNEXATION FOR THE REGISTERED ELECTORS WITHIN THE TOWN; PROVIDING FOR SAID REFERENDUMS TO BE HELD ON MARCH 8 2011; PROVIDING FOR AND AUTHORIZING THE UPDATING OF THE TOWN BOUNDARIES WITHIN THE TOWN CHARTER AND ALL OFFICIAL TOWN MAPS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CONDIFICATION; PROVIDING AN EFFECTIVE DATE.(First Reading) Regular Meeting and Public Hearing Town Commission - January 14, 2011 Page 5 Clerk Taylor announced the Public Hearing and stated that the Commission will take action on Ordinance No. 011 /1. She stated that the floor would be open to public comment following the Commission's Motion. Clerk Taylor read Ordinance No. 011/1 in title, being presented for first reading this 14th day of January, 2011. Commissioner Wheeler moved and Vice -Mayor Orthwein seconded to approve Ordinance No. 011 /1 on first reading this 14th day of January, 2011. There was no discussion. There were no public comments. All voted AYE. B. Approval of Health Reimbursement Plan Document Mr. Thrasher said the Town has had an BRA Plan for several years which was more standardized in the past. He said the Town initiated the plan in an attempt to increase the deductible which the employees must pay and offset the deductible by depositing that amount of money into the HRA. Mr. Thrasher said this Plan is unique to Gulf Stream and there are two important aspects. One is that the Town declares that medical insurance premiums can be paid for from the employee's HRA account, which was previously not allowed and this plan affords that. The second important change is that eligible employees participating in Medicare shall receive additional monthly contribution in an amount equal to the premium paid by the employer on behalf of each non - Medicare participant in the employer's medical insurance plan. He said what that means is the Town is encouraging employees to drop out of the regular health insurance plan and the Town will provide that same amount of money into their HRA account. Mr. Thrasher said because the Town has a composite insurance premium rate per employee, meaning an average premium rate by age category, by taking an older employee off the plan the Town's composite rate will be reduced next year. He said this is what he is recommending for the Town's HRA Plan and is asking for Commission support. Commissioner wheeler said he hopes the employees that are taken off the regular health insurance plan are going to be comfortable with the level of care and insurance. Clerk Taylor stated that she suggested this be done. Commissioner Wheeler asked if payments out of HRA accounts is an administrative issue with no ramifications to the Town's Budget and if there will be a cost to the Town for doing this. Mr. Thrasher said yes, the Town incurs a cost of $1,200 per year for a third party to handle the funds for the HRA Plan. He said if this change was not added to the document there would still be a fee of $1,200 per year for a third party to handle these funds. Commissioner Wheeler moved and commissioner Devitt seconded to approve the plan as submitted. There was no discussion. All voted AYE. C. Changes to Personnel Policy Mr. Thrasher said he is recommending a cap be placed on vacation accrual of 300 hours. He said that at the present time there is no limit of the amount of liability the Town can incur and we are approaching an accrual of 300 vacation hours. Mr. Thrasher said he did some research and found that most municipalities have a cap on vacation accrual which is higher or equal to what he is recommending. He said the Town Clerk and the Police Chief are approaching a 300 -hour accrual of time they have earned Regular Meeting and Public Hearing Town Commission - January 14, 2011 Page 6 and, to his knowledge, have no objection to placing a cap on vacation accrual. Commissioner Wheeler commented that, although he understands it is less than other municipalities, a 300 -hour accrual cap is very generous. He said it is above the private sector limit and other employers would said use it or lose it. Commissioner Wheeler commended Mr. Thrasher for recommending a cap and suggested we encourage employees to use their C time and inform them that the accrual limit may decrease by 10 hours per year until a reasonable accrual allowance is reached. Mayor Koch suggested we revisit this matter again in one year. Chief Ward stated that the current accrual numbers are not significant and employees are not just saving their vacation time, but rather are unable to take the time off. Commissioner wheeler agreed and stated that he did not want to do this all at once. Commissioner Wheeler moved and vice -Mayor Orthwein seconded to approve placing a 300 -hour cap on vacation accrual for the next twelve (12) months and added that accrual allowance will be reviewed on an annual basis. Commissioner Anderson asked about the Town's sick leave policy. Mr. Thrasher said it has been the Town's policy to allow 12 sick days per year and will pay an employee a sick bonus of up to 5 days per year which is prorated based on unused time. He said if an employee is absent more than 3 days, they are required to get a note from their doctor. Mr. Thrasher added that employees can accrue up to 120 sick days in a lifetime to be used if needed, but the sick bonus is only for unused time accrued in one year. Commissioner Devitt asked if an employee can leave their job 120 days before their termination date. Mr. Thrasher said they could if they were sick. Commissioner Wheeler asked if the Town has a personal day policy. Mr. Thrasher said an employee is allowed one personal day per year which most employees use on their birthday and it is associated with holiday pay. He said there are 11 paid holidays and one personal day, totaling 12 holidays. There was no further discussion. Clerk Taylor took a roll call. All voted AYE. D. Items by Mayor & Commissioners - There were no items by the Mayor or Commissioners. IX. Public. Mr. Ganger noted that there were no public comments concerning the Annexation Ordinance. He said the Civic Association and the Florida GCoalition have created a background and history information sheet for distribution to the public so they know what they will be voting on and it includes information on how to get an absentee ballot. Mr. Ganger asked permission to leave a pile of Requests for Absentee Ballots at Town Hall for registered voters who will not be in Town to vote. He said he is finding that small municipal elections have a small turnout and he feels that leaving the request forms in Town Hall will make it more convenient for registered voters to vote in this election. It was the consensus of the Commission to allow the request forms to be placed in Town Hall. Commissioner Anderson said she believes it would be a Regular Meeting and Public Hearing Town Commission - January 14, 2011 Page 7 positive gesture to the registered voters to receive a simple fact sheet from the Mayor and Town Hall. Vice -Mayor Orthwein agreed, but thought it would be best to wait until the straw vote for the undergrounding project is complete. Commissioner wheeler agreed. Mr. Thrasher said the Commission previously agreed that there would be no representation from the Town at either informational meeting. He said that maybe there should be representation from the Town at the February 3rd meeting to answer any questions concerning annexation. Clerk Taylor said a letter regarding annexation will be sent out following the straw vote. Mayor Koch said that undergrounding and annexation must remain separate matters because property owners will vote on undergrounding and registered voters will vote on annexation. X. Adjournment. Commissioner Wheeler moved and Commissioner Devitt seconded to adjourn the meeting. The meeting was adjourned at 9:45 A.M. - zwo'_� ail C. Abbale Administrative Assistant