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.
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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
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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.
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NOTARY MBUCSTATE OF FWRMA
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FAQ `Commission ADDE32672
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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.
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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