Loading...
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