HomeMy Public PortalAbout07/08/2011July 1, 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, JULY 8, 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.
A. Regular Meeting & Public Hearing 6 -10 -11
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. August 12, 2011 @ 9 A.M.
2. September 9, 2011 @ 9 A.M.
3. October 14, 2011 @ 9 A.M.
4. November to be determined
5. December 9, 2011 @ 9 A.M.
VII. PUBLIC HEARING.
A. Appeal of Administrative Decision of Town Manager to the Town
Commission, sitting as the Board of Adjustment.
1. An Appeal submitted by Thomas Murphy as Agent for W. L.
Lyons Brown, Jr., owner of property located at 1 and 3
Driftwood Landing, legally described as Lot 11 Driftwood
Landing Subdivision.
a. APPEALING THE DECISION OF TOWN MANAGER that a Variance
application and approval would be necessary to replace
existing non - conforming windows in an existing
dwelling with new non - conforming windows.
B. Item related to Previous Approval
1. Clarification of amount of demolition associated with
proposed improvements at 1314 N. Ocean.
VIII. Reports.
A. Town Manager
1. Police Department Building Roof Repairs /Replacement
2. Undergrounding Utility Project Update
3. Proposed Study Re; Shared Resources
B. Architectural Review & Planning Board
1. Meeting Dates
a. July 28, 2011 @ 8:30 A.M.
b. No meeting in August 2011
c. September 22, 2011 @ 8:30 A.M.
d. October 27, 2011 @ 8:30 A.M.
e. November to be determined
f. December 29, 2011 @ 8:30 A.M.
C. Finance Director
1. Financial Report for June 2011
D. Police Chief
1. Activity for June 2011
IX. Items for Commission Action.
A. Proposed Approval of JAG funds for FY2012- Criminal Justice
Commission.
AGENDA CONTINUED
B. Items by Mayor & Commissioners
1. Actions Taken at Boynton Meeting; Annexation -Mayor Koch
C. Presentation of Proposed Budget for Fiscal Year 2011 -2012
1. Budget Consideration
2. 2010 -2011 Millage Rate
3. Proposed Millage for Fiscal Year 2011 -2012
4. Certification of Rolled Back Millage Rate
5. Date of First Public Hearing - Tentative Budget Adoption
6. Date of Second Public Hearing -Final Budget Adoption
X. Public.
XI. 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
O
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JULY 8, 2011 AT 9:00
A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF
STREAM, FLORIDA.
I. Call to Order
A. M.
Mayor Koch called the meeting to order at 9:00
II. Pledge of Allegiance. The Pledge of Allegiance was led by the
CMayor.
III. Roll Call.
Present and
Participating
Also Present and
Participating
IV. Minutes.
William F. Koch, Jr.
Joan K. Orthwein
Muriel J. Anderson
Fred B. Devitt, III
Chris D. Wheeler
William H. Thrasher
Rita L. Taylor
John Randolph
Garrett J. Ward
Richard Radcliffe,
Exec. Director
Bill Hager
Mark Marsh of Bridges
Marsh & Associates
W.L. Lyons Brown, Jr.
Jackie Albarran of
SKA Architects
Thomas Murphy, Esq.
Jane S. Day, Ph. D.,
Pres., Research Atlantica
Chris Cannon of Brewer
Architects
Mayor
Vice -Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Clerk
Town Attorney
Police Chief
PBC League of Cities
Florida State
Representative
Agent for Brown
Property Owner
Agent for Brown
Representing Brown
Historical Consult.
Inc.
Agent for Binnie
Joanie Brinkman of Design Consultant
Urban Design Kilday Studio
A. Regular Meeting & Public Hearing 6 -10 -11
Vice -Mayor Orthwein moved and Commissioner Devitt seconded to approve
the Minutes of the June 10, 2011 Regular Meeting and Public Hearing.
There was no discussion. All voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Mr. Thrasher announced that Richard Radcliffe, the newly elected
Executive Director of the Palm Beach County League of Cities, would like
to give a brief presentation at this time.
Mr. Radcliffe introduced himself, stating that he represents all 38
municipalities in Palm Beach County, which is about 55.5% of the
County's population. He said there are a lot of issues coming up and
the League will support the Town with anything they need. Mr. Radcliffe
thanked Mr. Thrasher for his work on many of their projects and said Mr.
Regular Meeting and Public Hearing
Town Commission - July 8, 2011 Page 2
Thrasher has helped the Palm Beach County Leagues of Cities in many
ways. He also thanked the Commission for their support in allowing Mr.
Thrasher to participate in League activities.
VI. Announcements.
A. Regular Meetings and Public Hearings
O 1. August 12, 2011 @ 9 A.M.
2. September 9, 2011 @ 9 A.M.
3. October 14, 2011 @ 9 A.M.
4. November to be determined
5. December 9, 2011 @ 9 A.M.
Clerk Taylor noted the upcoming meeting schedule and said that, during
the budget discussion later in the meeting, the Commissioners will need
to select two September dates for first and second Budget Hearings.
There were no conflicts with the meeting schedule.
VII. PUBLIC HEARING.
A. Appeal of Administrative Decision of Town Manager to the Town
Commission, sitting as the Board of Adjustment.
1. An Appeal submitted by Thomas Murphy as Agent for W. L.
Lyons Brown, Jr., owner of property located at 1 and 3
Driftwood Landing, legally described as Lot 11 Driftwood
Landing Subdivision.
a. APPEALING THE DECISION OF TOWN MANAGER that a Variance
application and approval would be necessary to replace
existing non - conforming windows in an existing
dwelling with new non - conforming windows.
Robert Ganger, Chairman of the Architectural Review and Planning Board
(ARPB), asked if he should leave the room at this time in the event this
matter comes before the ARPB for Public Hearing. Mr. Randolph said Mr.
Ganger could remain in the room during this Public Hearing, but could
not comment. Clerk Taylor administered the Oath to: Mark Marsh, Thomas
Murphy, W.L. Lyons Brown, Jr., Jackie Albarran and Dr. Jane S. Day.
Thomas Murphy, Esq., representing Brown, introduced himself and stated
that he has been a resident at 6 Driftwood Landing in Gulf Stream for 18
years. Sally Brown, his neighbor who died in April, sold six of her
lots in 1979 and he purchased one of them. Before Ms. Brown died, her
son and his good friend, W.L. Lyons Brown, Jr., bought her two -story
cottage on the Intracoastal Waterway, which is referred to as the
C Penthouse Garage, and also planned to restore her home. Mr. Murphy said
her small home was built in the early 1950s and they plan a modest
rehabilitation with the addition of 600 SF. He said Mr. Brown, Mark
Marsh of Bridges, Marsh & Associates, Jackie Albarran of SKA Architects
and Dr. Jane S. Day, Architectural Historian and President of the
historical consulting firm of Research Atlantica, Inc., were present to
speak to the Commission about why they believe the Administrative
decision is a misapplication of the Code.
Mr. W.L. Lyons Brown, Jr. introduced himself and expressed his
appreciation to the Commission for allowing him to attend this hearing
Regular Meeting and Public Hearing
Town Commission - July 8, 2011 Page 3
and said this is a very important matter for the entire Brown Family.
He said he flew in from New York just for the hearing to answer any
questions from the Commission.
Mark Marsh of Bridges, Marsh & Associates introduced himself for the
record and stated that he is acting as a consultant to Jackie Albarran,
the primary architect for the Browns. He got involved after numerous
attempts by Ms. Albarran to move the restoration project forward to the
ARPB for their recommendations. Mr. Marsh said this home is one of the
older homes in Town and in the very private area of Driftwood Landing.
He described the style as "Minimal Traditional," eclectic and very
simple, saying that the conditions shown in the photographs on display
are all pre- existing and reflect the period of time when the house was
designed. This area is zoned under the North /South District where it is
predominantly Gulf Stream Bermuda style, but does allow a mix of various
architectural styles. Mr. Marsh said that Dr. Jane Day, a noted
architectural historian with a strong reference list of preservation
projects she has worked on from Boca Raton to Palm Beach, would speak to
the Commission to offer some background on the style of this home.
Dr. Jane S. Day introduced herself and stated that she submitted her
resume to the Town Clerk for the record. Dr. Day started Research
Atlantica, Inc. in 1989 and has been doing historic preservation work
all over South Florida and the Bahamas since then. One of her first
projects was to do the historic site survey of Gulf Stream in 1990. Dr.
Day said Ms. Albarran asked for her opinion of the architectural style
of 1 and 3 Driftwood, including the Penthouse Garage.
Photographs taken by Dr. Day during her visit to the property in May
were displayed. She said the first photo shows the defining style
element that identifies the property as Minimal Traditional, a style
that was prevalent all over Florida after WWII. Some characteristics
include a front - facing gable with a chimney behind it, a decorative
attic vent, decorative shutters which are similar to the Bermuda style,
and the typical aluminum awning and jalousie windows. Dr. Day said the
original windows are in tact and, as shown on the second page of her
photos, their intent of the original architecture was to maximize the
view of the Intracoastal Waterway. Her last photo is of the Penthouse
Garage which also shows the original windows. She said it is very
simple in design and a good example of the Minimal Traditional style of
O architecture. Dr. Day said the windows are original and to put divided
light into them would be counter - intuitive to this style of early
fifties architecture.
Mr. Marsh said the house has 3 or 4 existing window types and, under the
guidelines, Ms. Albarran classified her proposal as a replacement and
restoration of an existing home with a simple upgrade of the
fenestrations. He said Mr. Brown asked Ms. Albarran to simplify and
clean up the current elements and, according to Town Staff, the
replacement fenestration package proposed by Ms. Albarran does not
conform, the issue being the replacement of four non - conforming picture
windows. Mr. Marsh said he has history with the Town and was part of
Regular Meeting and Public Hearing
Town Commission - July 8, 2011
Page 4
the original design guideline consultant team with Urban Design Studio
and feels strongly that what they are presenting today is the correct
approach.
Mr. Marsh said it is unique to be in front of the Board of Adjustments
appealing staff's request to apply for a Variance before going before
O the ARPB. He said to his recollection variances have never been
associated with building elements such as fenestration, but rather
address land use issues such as setbacks and density. Mr. Marsh said
their initial request was to go for a special exception to address the
project, but staff deemed that they need a variance because they are
proposing prohibited elements. He said Jackie Albarran is a well -known
architect in Palm Beach since 1985 and is in her second term of the
Landmarks Commission of Palm Beach, and he shares her appreciation for
good architecture.
Jackie Albarran of SKA Architects introduced herself and stated that she
represents Mr. and Mrs. Brown. Ms. Albarran referred to drawings
showing the approach to the house from a private drive, saying you can
only begin to see the house as you approach the courtyard. She
displayed drawings showing a proposed covered terrace and covered entry,
three different areas where they propose to extend 6 feet, 4 feet and 3
feet. Ms. Albarran said they will repair the roof, replace windows with
impact and jalousie windows will become casement. She displayed the
floor plan and different elevations showing the four picture windows
they will replace. The wrap- around jalousie walls on each side of front
elevation will be changed to a window with shutters and sliding glass
doors will be changed to French doors. Ms. Albarran said there is a lot
of glass on the waterside elevation, but it is very piecemeal and they
want to create consistency. They will replace the picture window with
same -size impact, change the large sliders and an awning window to a
pair of French doors and square off an angled area with windows with
shutters. In the dining room area, they will replace the jalousies,
which are currently sandwiched between stucco, to all glass, change an
angled area to a square area with a picture window and change the wall
of jalousie windows to casement with shutters. With regard to the pool
area, they will replace the awning windows and jalousies with French
doors with shutters. In addition, they will replace the roof, replace
windows with impact, and refurbish the interior of the Penthouse Garage,
making both houses appear as a unit.
OWhen approaching this project, Mr. Marsh said they looked at Code Sec.
70 -107 which addresses additions, rehabilitations and replacements of
existing features, and felt it was a straightforward approach to the
restoration. Staff directed them to Sec. 70 -101, specifically
addressing window elements on homes with guidelines which are geared
toward new construction and minimally address restoration of existing
elements. He said their intent is to upgrade and simplify the existing
non - impact, non - efficient jalousie windows in keeping with the
architectural style of the home. All of the windows comply with the
criteria, which is no wider than 3' and undivided glass no greater than
16 SF, except for the four picture windows that do exceed the 16 SF of
Regular Meeting and Public Hearing
Town Commission - July 8, 2011 Page 5
undivided glass. Mr. Marsh said they approached Staff about Sec. 70 -126
which addresses this type of situation and Staff went to Urban Design
Kilday Studios for their interpretation. He said Sec. 70 -126 addresses
the replacement of windows with in kind, which allows the replacement of
non - conforming or prohibited elements with the same element, which does
not make sense. If you can afford to invest in an upgrade, you should
be allowed to create an appropriate fenestration. Mr. Marsh asked the
G! Board of Adjustment to support their position and overturn the
administrative decision allowing them to submit their application to the
ARPB for a special exception.
Commissioner Wheeler asked Mr. Thrasher to comment. Mr. Thrasher said
it has been challenging, he has tried to be respectful of the history of
the Town and his predecessors and he believes the interpretation and
discussions with various parties align with history and the Code. He
said he had discussions with Ms. Albarran concerning the sections of her
proposal dealing strictly with the windows because Staff has not had an
opportunity to look at other aspects of the proposal. In the past, when
more than one section of the Code deals with one item, counsel had
instructed Staff to take the more restrictive approach. Mr. Thrasher
said that Joanie Brinkman of Urban Design Kilday Studios was present and
he will ask her to follow up on his comments.
Mr. Thrasher read into the record Section 70 -4. How to use this manual
(c) Design standards, which is included in his report and will be made a
part of the record. He said Section 70 -101 is area wide stamped,
meaning that regardless of the prevailing architectural style, the
elements in that section are to be followed. Mr. Marsh has used the
word prohibited, he includes elements in his design that are prohibited
which, based on the Code, should be denied. With regard to a special
exception, Mr. Thrasher said, based on Section 71 -126. Additions and
rehabilitations incorporating a prohibited design element that is an
integral part of the design of the existing structure. Mr. Thrasher
said they do not meet all of the standards for a special exception. He
called attention to Section 70 -126. b. The addition or rehabilitation
shall comply with the standards listed in section 70 -107, and c. The
prohibited design element shall be an integral part of the design or
as noted in his report.
Mr. Thrasher said Ms. Albarran used terms in her presentation such as
"existing," "now becoming," "existing to be cleaned up" and "changes to
the elevation." He said some windows will be enlarged and some replaced
with doors. Mr. Thrasher said they are proposing a major renovation
and, therefore, have the ability to conform. He said regardless of
whether the application is for a special exception or a variance, they
have not been denied the right to go to the ARPB first and then to the
Commission. However, after review of the proposal, Staff firmly
believes this is a variance application. Mayor Koch asked if this
should have gone to the ARPB first. Mr. Thrasher said he did not
believe so and added that whenever Staff disagrees with an agent, they
look to the design consultants for their interpretation, in the event
Regular Meeting and Public Hearing
Town Commission - July 8, 2011
they disagree. He said the reason
because Staff could not agree with
application. Mr. Thrasher said a
Studios is attached to his report
up on his comments.
Page 6
this did not go to the ARPB first is
the agent as to how to present the
report from Urban Design Kilday
and he asked Joanie Brinkman to follow
Mr. Randolph asked if a variance application first goes to the ARPB or
C) directly to Staff. Mr. Thrasher said it goes to the ARPB for their
recommendation and then to the Commission for a final resolution. Mr.
Randolph said the Commissions job is to determine whether the Town
Manager correctly interpreted the Code and if his decision is
appropriate. Commissioner Wheeler said the recommendations from the
ARPB matters to him and would have liked them to opine as to whether
this would be a variance or special exception application. Mr. Randolph
said if an appeal of an administrative decision went to the ARPB first,
they would only be able to make a recommendation to the Commission for a
final decision.
Mark Marsh said they attempted to take this to the ARPB, but because the
item is prohibited Mr. Thrasher believed it required a variance and they
do not agree with his interpretation, which is why they are appealing
his decision. He said Code Section 70 -126 allows for a special
exception in this situation and there is a threshold for compliance of
non - conforming of 75% and they are nowhere near that threshold.
Commissioner Wheeler said applications have come through the ARPB that
had a prohibited element and to recommend approval they had to do
something to get through it, so he asked why this did not go to the ARPB
first. Mr. Thrasher said the applicant did not want to file a variance
application. Commissioner Wheeler said he saw applications with
prohibited items on them. Mr. Thrasher said those applications went to
the ARPB as a variance. Commissioner Devitt asked if the applicant
could file it as a special exception and let the ARPB decide whether it
is a special exception or a variance. Mr. Randolph said they could do
that if Staff would agree to process it as a special exception.
Commissioner Devitt said Staff could write that in their report and Mr.
Randolph agreed that Staff could do that and allow the ARPB to make
their recommendation.
Joanie Brinkman of Urban Design Kilday Studios introduced herself and
stated that they are the consultants for the Town and have provided
O their report which was included in the Staff report and provided to the
Commission. She said both their report and the Staff report goes back
to the fact that the prohibited design elements being introduced are not
necessarily an existence of a non - conforming item being replaced. The
applicant stated that all fenestrations on the elevations are being
replaced. The special exception item Mr. Thrasher quoted on Page 2,
item c, which allows the special exception to go forward, states that
"the prohibited design element shall be an integral part of the design
or structure of the existing building." She said in there review of the
plans where they remove all of the existing fenestrations and replace
them with all new fenestrations, no integral design element remained on
the building for the proposed prohibited introduction of the four
Regular Meeting and Public Hearing
Town Commission - July 8, 2011 Page 7
windows to be consistent with, which is one of the reasons they agree
that a variance is required. With regard to a special exception,
prohibited design elements allowed must be an integral part of the
existing structure proposed for expansion or rehabilitation. Once the
existing fenestrations are removed, there are none remaining for the
proposed prohibited elements to be consistent with. Commissioner
O Wheeler asked Ms. Brinkman if their decision would have been different
if the applicant was just doing the dining room windows. Ms. Brinkman
said there is an argument that may allow that.
Mr. Ganger asked to comment and Mr. Randolph recommended that he did not
comment concerning this matter at this time. Mr. Ganger said that,
knowing this application will now come before the ARPB, he is able to
divorce himself from everything he heard during the hearing of this
application. Mr. Randolph recommended that Mr. Ganger make that
statement during the ARPB Meeting when asked to disclose ex -parte
communication concerning the matter.
Commissioner Wheeler moved and Vice -Mayor Orthwein seconded to recommend
that the Town Manager allow the agent to submit their application to the
ARPB as a special exception for their review and recommendation to the
Town Commission, that the Town Manager include all backup in his report
to the ARPB supporting his decision that the application should be for a
variance, and that the appeal be deferred depending on the ARPB
recommendation to the Commission.
Commissioner Devitt recommended the motion be amended with the addition
of allowing the agent to submit their application to the ARPB as either
a special exception or a variance for their review and recommendation to
the Town Commission.
Mr. Randolph suggested the motion state that the applicant can submit
their application to the ARPB as a special exception with the
alternative of a variance in the event the ARPB does not approve a
special exception.
Commissioner Wheeler amended the motion with the addition of allowing
the agent to submit their application to the ARPB as a special exception
with the alternative of a variance in the event the ARPB does not
approve a special exception. Vice -Mayor Orthwein seconded the amended
Omotion. There was no discussion. Roll Call: Vice -Mayor Orthwein, AYE;
Commissioner Devitt, AYE; Commissioner Anderson, NO; Commissioner
Wheeler, AYE; and, Mayor Koch, AYE. The motion passed 4 - 1.
State Representative Bill Hager was in attendance to present a Tribute
authored by the Florida House of Representatives to Mayor Koch.
Representative Hager read the Tribute in its entirety into the record.
The Tribute will become a part of the record and will be filed with the
Town of Gulf Stream.
Regular Meeting and Public Hearing
Town Commission - July 8, 2011 Page 8
B. Item related to Previous Approval
1. Clarification of amount of demolition associated with
proposed improvements at 1314 N. Ocean.
Mr. Thrasher said a site data table was attached to the application for
approval of the demolition to be done 1314 N. Ocean Blvd. The
demolition square footage was stated differently in the permit
application than that in the application for approval and, therefore,
Staff requested that the Architect appear before the Commission to
explain the difference. Mr. Thrasher said the increase in the amount of
demolition conforms to the Code; however, he does not have the authority
to approve the increase.
Clerk Taylor administered the Oath to Chris Caymen. Mr. Caymen of
Brewer Architecture introduced himself. He explained that nothing has
been changed, but there was a misinterpretation of what was considered
demolition, thinking that the portion of the house to be renovated was
not included in the demolition. Mr. Caymen said an updated data table
showing the correct amount of demolition as 4,082 SF has been submitted
to the Town Clerk.
Commissioner Devitt said there seems to be a possible trend in the
demolition of homes that are originally represented as a renovation and
they become completely demolished with the construction of a new home.
Vice -Mayor Orthwein moved and Commissioner Devitt seconded to approve
the clarification of the demolition at 1314 N. Ocean Blvd., as amended
in the new site data table. There was no discussion. All voted AYE.
VIII. Reports.
A. Town Manager
1. Police Department Building Roof Repairs /Replacement
Mr. Thrasher stated that the Police Department needs a new roof and he
would normally have the authority to approve a new roof in an emergency
situation; however, with the advent of the Inspector General and their
review of the proposals, and staff having to add augment language to the
proposal, the project has been delayed. He said once he receives
adequate proposals, he will select a proposal to expedite a new roof
and, since this item has not been budgeted for, the funds will come from
unappropriated funds. Commissioner Wheeler asked Mr. Thrasher how the
O Inspector General has made this process more efficient or inefficient,
and if the Town must wait for their review before awarding a bid. Mr.
Thrasher said the Town must contact the Inspector General under Contract
Administration to inform them of anything that will go out for bid and
he can award the bid as long as he follows their procedure. He said a
clause must be added to every request for proposal stating that this bid
may be audited by the Inspector General. Mr. Thrasher asked for
Commission approval to proceed and to award the best bid with the
approval of the Mayor. Commissioner Anderson moved and Vice -Mayor
Orthwein seconded to allow the Town Manager to proceed and accept the
Regular Meeting and Public Hearing
Town Commission - July 8, 2011
Page 9
best bid with the approval of the Mayor. There was no discussion. All
voted AYE.
2. Undergrounding Utility Project Update
Mr. Thrasher said the Town is expecting a surveyor to begin their work
next week.
3. Vacations
O Mr. Thrasher said, because of the additional work placed upon staff this
year due to undergrounding and annexation and, for this year only, he is
asking the Commission to waive the personnel policy which requires the
elimination of accrued vacation of employees not able to take 50% of
their accrual within a fiscal year. Commissioner Wheeler said he could
not support that request. Commissioner Devitt asked for an example.
Mr. Thrasher said Rita Taylor traditionally takes Mondays off during the
summer as her vacation process and she has not been doing so. He said
she has been working Saturdays and Sundays for the past two months to
stay current on the workload required for presentations and meetings and
Gail Abbale worked five hours overtime on the weekend to complete the
Minutes of the special assessment meeting. Vice -Mayor Orthwein said she
knows Rita Taylor is working all of the time and it is an unusual
situation with everyone working as hard as possible.
Mr. Thrasher said it has been difficult for staff to take time off.
Commissioner Wheeler said he would like everyone to take their vacation.
He said the ramifications are that at the end of the year an employee
may have 10 vacation days they could not take, they are allowed to roll
five of them forward and may not be able to use the remainder before the
end of the fiscal year. Mr. Thrasher said staff can roll over 50% of
their unused vacation at the end of the fiscal year and the Town will
buy back the remainder of the unused vacation. He said he would like
the Commission to waive the percentage of time an employee can roll over
with the understanding that they must use all of that time by the end of
the next fiscal year. Mr. Thrasher said this applies to Town staff only
and for this year only.
Commissioner Devitt asked Mr. Thrasher to come back to the Commission
with documentation supporting his request and how this will be applied.
Mr. Thrasher agreed.
3. Proposed Study Re; Shared Resources
Mr. Thrasher said he is asking for an allocation of funds not to exceed
$5,000 for the purpose of sharing resources with four other communities
to prepare a study as to how they would be able to utilize a team or
corporate aspect on certain services. He said Mayor Koch has had
discussions concerning this matter with Ocean Ridge, Manalapan, Lantana
and Gulf Stream. It was mentioned in the Coastal Star and Palm Beach
Post that the community leaders got together to hash out ideas to share
resources such as fire services, or having one manager and one attorney
representing all towns. Mr. Thrasher said Lantana has already
appropriated up to $5,000 for this cooperative effort.
Mayor Koch said it is time to research new ways to save money to survive
as a municipality and the communities can work together on many things.
He said local universities have qualified professors that have done such
Regular Meeting and Public Hearing
Town Commission - July 8, 2011
Page 10
studies and they can be called upon for assistance. Commissioner
Wheeler moved and Commissioner Anderson seconded to approve the
allocation of funds in the amount of $5,000 for a study of sharing
resources with four other communities. There was no discussion. All
voted AYE.
B. Architectural Review & Planning Board
C 1. .
a.
b.
C.
d.
e.
f.
!eting Dates
July 28, 2011 @ 8:30 A.M.
No meeting in August 2011
September 22, 2011 @ 8:30 A.M.
October 27, 2011 @ 8:30 A.M.
November to be determined
December 29, 2011 @ 8:30 A.M.
Mr. Thrasher noted the Schedule of Meetings for the Architectural and
Review Board.
C. Finance Director
1. Financial Report for June 2011
Mr. Thrasher requested the Financial Report for June 2011 be approved as
submitted. Commissioner Anderson inquired about the Town's cost for
Special Magistrate hearings, saying she thought if the Respondent lost
their case they would incur the cost of the hearing. Mr. Thrasher said
the Respondent is charged an Administrative Fee only, and the Town
incurs the hearing cost. Commissioner Anderson asked why the Town could
not charge the full hearing cost to the Respondent if they lose. Mr.
Randolph said it cannot be done under State Statute because the cost of
the Magistrate is a cost for running the Code Enforcement System. Vice -
Mayor Orthwein moved and Commissioner Anderson seconded to approve the
Financial Report for June 2011. There was no discussion. All voted
AYE.
D. Police Chief
1. Activity for June 2011
Chief Ward requested the Activity Report for June 2011 be accepted as
submitted. There was not discussion. The Report was accepted as
submitted.
IX. Items for Commission Action.
A. Proposed Approval of JAG funds for FY2012- Criminal Justice
Commission.
Clerk Taylor said the Town is not eligible for these funds, but they
require 51.5% of the County to approve the distribution, and this is
Csomething the Town Commission does each year. Commissioner Anderson
moved and Vice -Mayor Orthwein seconded to approve the division of JAG
funds for FY2012 Criminal Justice Commission. There was no discussion.
All voted AYE.
B. Items by Mayor & Commissioners
1. Actions Taken at Boynton Meeting; Annexation -Mayor Koch
Mayor Koch stated that the Town prevailed and the City of Boynton Beach
rescinded the Interlocal Agreement.
Commissioner Devitt asked Mr. Thrasher to elaborate on the demolition
issue and what the Town will do to solve the problem. Mr. Thrasher said
Regular Meeting and Public Hearing
Town Commission - July 8, 2011 Page 11
Staff thought they could ask for a demolition plan to be included in the
process, which addresses how much is to be demolished. Commissioner
Devitt said some contractors believe that if they have not touched the
footprint they are not taking anything down. Mr. Thrasher said it seems
like the trend is spreading to other agents and Staff is trying to take
a firmer approach. With regard to the Ireland Estate, he said their
^ demolition plan was not consistent with their application presentation,
�) but it was not noticeable. Staff has become extra careful with
demolition and was able to spot the error on the demolition permit
application for 1314 N. Ocean. Mr. Thrasher said they need to put a
mechanism in place to catch errors earlier in the process. He said when
an application requests a special exception to extend a non - conforming
wall and does not meet the setbacks, the 75% rule comes into play.
Clerk Taylor suggested being more specific in the application by
including the Town's definition of demolition. Mr. Thrasher said staff
has been working on this matter and will continue to do so until they
are comfortable with the process.
C. Presentation of Proposed Budget for Fiscal Year 2011 -2012
1. Budget Consideration
Mr. Thrasher said the Commission has been provided with the Proposed
Budget for Fiscal Year 2011 -2012 that incorporates the bumping up of the
Millage Rate from 2.8655 to 2.9265, which is the Rolled Back Rate. He
said this is important for this year and years going forward due to
various unknown large expenditures the Town may experience as a result
of professional fees. Mr. Thrasher said in 2011 our Taxable Values were
approximately $666M, and the 2012 Taxable Values are down by 2% at
$652.794M. The April 2011 CPI, which is the month and instrument used
to gauge inflation and recommended payroll increases, is 3.9 %. After
April, the May and June CPI is over 4 points at 4.7 %, and the biggest
components of this increase are transportation and food, which affect
our employees. Mr. Thrasher said he is recommending a payroll increase
in this budget to all employees of 2.5 %. He also noted that the Fire
Contract with the City of Delray Beach has increased by 5 %, a standard
amount based on our contract, which represents an increase in costs of
$15,000. Mr. Thrasher pointed out that some items in the proposed
budget are unknown at this time, but will be clarified as we approach
September.
Mayor Koch asked how much the Town utilizes part -time and overtime. Mr.
Thrasher said he budgeted for $12,000. Mayor Koch asked how much was
O used this year. Mr. Thrasher said those costs are at $5,100 for the
current year and will be up to $5,200 by the end of June.
Commissioner Wheeler referred to Pages 2 and 3, Column 4, saying what he
wants to see in that column is the Town Manager's best estimate of what
the actual expenditures will be at the end of this fiscal year,
September 30, 2011, giving him a better context of what is needed for
next year. Mr. Thrasher said he can do that, but the big player this
year is professional fees for undergrounding which is very difficult to
project, and he has not yet budgeted for undergrounding as a line item.
He said he is trying to budget for the utility to control the estimated
costs outside of budgeting for the utility within the proposed budget
Regular Meeting and Public Hearing
Town Commission - July 8, 2011
Page 12
because the proposed budget addresses what the millage rate can or will
be. Mr. Thrasher said he is investigating a way to create a special
revenue fund for transfers in and out to the general fund so he does not
have to adjust the millage rate to provide for that.
Commissioner Wheeler asked if this year's big number on Building
Maintenance is related to the Police Department. He said the proposed
budget asks for $7,500 for next year, but the expenditure for this year
is $20,000. Mr. Thrasher said he did not have a specific answer, but he
would look into that and get back to Commissioner Wheeler. Mayor Koch
said he has talked with other Mayors who say they are not inclined to
approve salary raises and other items this year and he has several
questions. He suggested that the Commissioners submit a list of their
questions to Mr. Thrasher so he will be prepared to answer them at the
next Budget Hearing.
2. 2010 -2011 Millage Rate
The 2010 -2011 Millage Rate was 2.8655.
3. Proposed Millage for Fiscal Year 2011 -2012
Clerk Taylor requested the Commission establish the millage rate, which
can be lowered, but not increased. Commissioner Wheeler asked if 2.9265
will provide enough flexibility. Mr. Thrasher said 2.9265 is his
recommendation. Vice -Mayor Orthwein moved and Commissioner Wheeler
seconded to approve the Proposed Millage for Fiscal Year 2011 -2012 of
2.9265. There was no discussion. All voted AYE.
4. Certification of Rolled Back Millage Rate
Clerk Taylor requested that the Commission certify the Rolled Back
Millage Rate at 2.9265. Commissioner Anderson moved and Commissioner
Wheeler seconded to certify the Rolled Back Millage Rate at 2.9265.
There was no discussion. All voted AYE.
5. Date of First Public Hearing- Tentative Budget Adoption
Clerk Taylor stated the available dates for the First Public Hearing -
Tentative Budget Adoption, as follows: Thursday, September 15, 2011 at
5:01 P.M. or Friday, September 16, 2001 at 5:01 P.M. She said the
Regular September Commission Meeting could be rescheduled to take place
at 4:00 P.M. on either of those dates to be followed by the Budget
Hearing.
6. Date of Second Public Hearing -Final Budget Adoption
Clerk Taylor stated the available dates for the Second Public Hearing -
Final Budget Adoption, as follows: Thursday, September 22, 2011 at 5:01
P.M. or Friday, September 23, 2011 at 5:01 P.M.
OCommissioner Wheeler moved and Commissioner Anderson seconded to
reschedule the September 9th Regular Commission Meeting to take place on
Thursday, September 15, 2011 at 4:00 P.M., followed by the First Public
Hearing- Tentative Budget Adoption at 5:01 P.M., and to schedule the
Seconded Public Hearing -Final Budget Adoption for Thursday, September
22, 2011 at 5:01 P.M. There was no discussion. All voted AYE.
Commissioner Wheeler requested that the August 12th Regular Commission
Meeting be changed to Tuesday, August 16, 2011. There were no conflicts
and the meeting date was changed.
Regular Meeting and Public Hearing
Town Commission - July 8, 2011 Page 13
X. Public. There were no public comments.
XI. Adjournment. Commissioner Devitt moved and Commissioner Wheeler
seconoed)to adjourn. The meeting was adjourned at 10:55 A.M.
Gail C. Abbale /
Administrative Assistant
N