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HomeMy Public PortalAbout09/15/2011C MAYOR: VICE MAYOR: COMMISSIONER William F. Koch, Jr. Joan K. Orthwein Muriel J. Anderson Fred B. Devitt III Chris D. Wheeler September 7, 2011 REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON THURSDAY SEPTEMBER 15, 2011 AT 4:00 P.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 August 16, 2011. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. September 15, 2011 @ 5:01 P.M.- Tentative Budget Hearing 2. September 22, 2011 @ 5:01 P.M. -Final Budget Hearing 3. October 14, 2011 @ 9 A.M. 4. November 10, 2011 @ 9 A.M. 5. December 9, 2011 @ 9 A.M. VII. Reports. A. Town Manager B. Architectural Review & Planning Board 1. Meeting Dates a. September 22, 2011 @ 8:30 A.M. b. October 27, 2011 @ 8:30 A.M. c. November 17, 2011 @ 8:30 A.M. d. December 28, 2011 @ 8:30 A.M. e. January 26, 2012 @ 8:30 A.M. f. February 23, 2012 @ 8:30 A.M. C. Finance Director 1. Financial Report for August 2011 D. Police Chief 1. Activity for August 2011 VIII. Items for Commission Action. A. ORDINANCE NO. 011/3; An ordinance of the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, rescinding Ordinance No. 009/7 which amended the Town Code of Ordinances at Chapter 26, Offenses, to include a new Section 26 -4, titled Discharge of Firearms; providing for severability; providing for repeal of ordinances in conflict; providing for codification; providing an effective date. (2nd Reading & Adoption) B. Amendment to Fire & EMS Interlocal Service Agreement with City of Delray Beach. AGENDA CONTINUED C. Authorization for new checking account- Special Assessments 1. Resolution No. 011 -14; A Resolution of the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, renaming authorized signatories for the Town of Gulf Stream Bank Accounts; and providing for an effective date. D. Adoption of a Fund Balance Policy -GASSY 54 E. Items by Mayor & Commissioners IX. Public. 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 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON THURSDAY SEPTEMBER 15, 2011 AT 4:00 P.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. The meeting was called to order by Mayor Koch at 4:00 P.M. II III Pledge of Allegiance. The Pledge of Allegiance was led by Mayor Koch. Roll Call. Present and Participating Also Present and Participating William F. Koch, Jr Joan K. Orthwein Muriel J. Anderson Fred B. Devitt, III Chris D. Wheeler 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 August 16, 2011. Vice -Mayor Orthwein moved and Commissioner Anderson seconded to approve the Minutes of the Regular Meeting of August 16, 2011. There was no discussion. All voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Clerk Taylor stated that Resolution No. 011 -15, which establishes a fund balance policy of the Town of Gulf Stream, was added to the Agenda as Item VIII.D. Adoption of Fund Balance Policy -GASB 54. VI. Announcements. A. Regular Meetings and Public Hearings 1. September 15, 2011 @ 5:01 P.M.- Tentative Budget Hearing 2. September 22, 2011 @ 5:01 P.M. -Final Budget Hearing 3. October 14, 2011 @ 9 A.M. 4. November 10, 2011 @ 9 A.M. 5. December 9, 2011 @ 9 A.M. Clerk Taylor announced that the Final Budget Hearing will be held on September 22, 2011 at 5:01 P.M. There were no conflicts in the meeting schedule. VII. Reports. A. Town Manager Mr. Thrasher stated that the bid process has begun for the Place Au Soleil Entrance Project and the non - mandatory pre -bid meeting was held on Wednesday, September 14th with 6 contractors in attendance. Commissioner Anderson asked how the traffic flow will be handled when the work is in progress. Mr. Thrasher said the Town will determine how this matter will be handled, but they are committed to providing sufficient police coverage while that work is in progress. He said some Regular Meeting and Public Hearing Town Commission - September 15, 2011 Page 2 of the bidders asked the same question, but the Town requires that all questions from bidders must be in writing to the Town and then distributed to all prospective bidders. Mr. Thrasher said that only one travel lane will be open to two -lane traffic and barricades and flagmen may be required 24 hours a day until the work is complete. He said 12 sets of plans have been sold to potential bidders to date. GMr. Thrasher said that the process of reviewing the Land Development Regulations for the annexed area and the supplemental update to the Comp Plan has begun and it will be an item on the Architectural Review and Planning Board (ARPB) Agenda for their September 22, 2011 Regular Meeting. Staff has received input from the Consultants and they are ready to bring that information forward to the ARPB and then to the Commission. With regard to the undergrounding project, Mr. Thrasher said that the surveying was to be done in two stages, first the South and then the North. He said the South survey is 100% complete and the information has been given to the Engineers who are now preparing the "route layout" which is the next phase of the operation. The route layout will be submitted to FPL for their review. Commissioner Devitt asked if homeowners will have an opportunity to see where equipment will be placed and where lines will run underground. Mr. Thrasher said he believes that information will be on display at the Bond Validation Hearing and, in the meantime, any questions property owners may have will be forwarded to the project engineers. B. Architectural Review & Planning Board 1. Meeting Dates a. September 22, 2011 @ 8:30 A.M. b. October 27, 2011 @ 8:30 A.M. c. November 17, 2011 @ 8:30 A.M. d. December 28, 2011 @ 8:30 A.M. e. January 26, 2012 @ 8:30 A.M. f. February 23, 2012 @ 8:30 A.M. There were no conflicts with the meeting schedule at this time. C. Finance Director 1. Financial Report for August 2011 Mr. Thrasher requested that the Financial Report for August 2011 be approved as submitted. Commissioner Anderson moved and Vice -Mayor C' Orthwein seconded to approve the Financial Report for August 2011. There was no discussion. All voted AYE. D. Police Chief 1. Activity for August 2011 Chief Ward requested that the Activity Report for August 2011 be accepted as submitted. Commissioner Anderson asked Chief Ward if he has noticed any trends which might indicate that things are changing in the Town. Chief Ward said he has not, but there are minor issues, nothing serious, that run in spurts. Commissioner Devitt asked about golf cart issues. Chief Ward said over Easter vacation when there were outside visitors in Town, and during the summer, there were some incidents with Regular Meeting and Public Hearing Town Commission - September 15, 2011 Page 3 young people operating golf carts on the golf course and damaging sand traps, but the situation has been corrected. Commissioner Devitt said it seems like golf carts are so prevalent now and parents are being more cautious as they are hearing about liability issues for which insurance companies are providing premiums. VIII. Items for Commission Action. O A. ORDINANCE NO. 011/3; An ordinance of the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, rescinding Ordinance No. 009/7 which amended the Town Code of Ordinances at Chapter 26, Offenses, to include a new Section 26 -4, titled Discharge of Firearms; providing for severability; providing for repeal of ordinances in conflict; providing for codification; providing an effective date. (2nd Reading & Adoption) Clerk Taylor read Ordinance No. 011/3 in title, which passed on first reading on August 16, 2011 and is being presented for adoption this 15th day of September, 2011. Commissioner Wheeler moved and Commissioner Anderson seconded to adopt Ordinance No. 011/3. There was no discussion. Roll Call: Vice -Mayor Orthwein, AYE; Commissioner Devitt, AYE; Commissioner Anderson, AYE; Commissioner Wheeler, AYE; Mayor Koch, AYE. The Ordinance was adopted by a unanimous vote of 5 - 0. B. Amendment to Fire & EMS Interlocal Service Agreement with City of Delray Beach. Clerk Taylor read the Amendment to the Fire & EMS Interlocal Service Agreement with the City of Delray Beach in title. She said the purpose of this amendment to the Interlocal Agreement is to include the annexed area and increase the contract fee. Commissioner Devitt asked about the Mayor's letter to Palm Beach County Commissioner Abrams requesting reimbursement of funds to cover the increase in the fire contract with Delray. Mayor Koch said they are trying to get the money back from the County, but it may not happen. Commissioner Wheeler moved and Commissioner Anderson seconded to approve the Amendment to the Fire & EMS Interlocal Agreement with the City of Delray Beach. There was no discussion. All voted AYE. C. Authorization for new checking account - Special Assessments Clerk Taylor explained that the purpose for opening a new checking account is to deposit the prepayment of assessments from property owners. There were no objections to opening the account. Commissioner Devitt asked if the Town has received any prepayments. Mr. Thrasher said notices were sent to property owners which included an option to prepay their assessment before the November 1st deadline, 22 property owners have done so and the total amount collected to date is $169,000. He said he asked for an additional appropriation of funds at the last Commission Meeting in the amount of $60,000, which would allow the Town to extend the undergrounding financing for two months and carry them through until February. Mr. Thrasher said the additional appropriation of funds would not be necessary because money collected for prepayment of assessments will be deposited in an account and the Town will work from those funds until financing is secured. Regular Meeting and Public Hearing Town Commission - September 15, 2011 Page 4 Commissioner Devitt asked Mr. Thrasher if he knew what the installment rate will be for those who do not prepay. Mr. Thrasher said the rate will not be determined until February, but staff has had several calls from property owners and they were told that interest may be around 4% and will not exceed 10 %. He said, based on information provided to the Town, the group of property owners who prepaid their assessment thus far saved approximately $10,000, in total, in interest and administrative fees. Those property owners that do not prepay will see the assessment on their tax bill in 2012. Mr. Thrasher said the date in which the legal assessment is applied to the property is as of the date of the final approval of the Ordinance. 1. Resolution No. 011 -14; A Resolution of the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, renaming authorized signatories for the Town of Gulf Stream Bank Accounts; and providing for an effective date. Clerk Taylor read Resolution No. 011 -14 in title and stated that the Commission must do this from time to time to update authorized signatures and open new accounts. Commissioner Anderson moved and Vice - Mayor Orthwein seconded to approve Resolution No. 011 -14. There was no discussion. Roll Call: Vice -Mayor Orthwein, AYE; Commissioner Devitt, AYE; Commissioner Anderson, AYE; Commissioner Wheeler, AYE; Mayor Koch, AYE. Resolution No. 011 -14 was adopted by a unanimous vote of 5 - 0. D. Adoption of a Fund Balance Policy -GASB Statement No. 54 Clerk Taylor read Resolution 011 -15 in title, being presented for adoption this 15th day of September, 2011. Commissioner Wheeler moved and Vice -Mayor Orthwein seconded to approve the adoption of Resolution No. 011 -15. There was no discussion. Roll Call: Vice -Mayor Orthwein, AYE; Commissioner Devitt, AYE; Commissioner Anderson, AYE; Commissioner Wheeler, AYE; Mayor Koch, AYE. Resolution No. 011 -15 was adopted by a unanimous vote of 5 - 0. E. Items by Mayor & Commissioners There were no items by the Mayor or Commissioners. IX. Public. There were no items by the Public. X. Adjournment. Commissioner Wheeler moved and Vice -Mayor Orthwein seconded to adjourn. The meeting was adjourned at 4:30 P.M. 01 Gail C. Abbale Administrative Assistant PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Commission of the Town of Gulf Stream, Florida, at a public hearing to be held on Thursday, September 15, 2011, at 4:00 P.M., in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, will have on the agenda the adoption of the following: O ORDINANCE NO. 011/3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, RESCINDING ORDINANCE NO. 009 \7 WHICH AMENDED THE TOWN CODE OF ORDINANCES AT CHAPTER 26, OFFENSES, TO INCLUDE A NEW SECTION 26 -4, TITLED DISCHARGE OF FIREARMS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. The proposed ordinance noticed here is available to the public on weekdays at the Town Hall, 100 Sea Road, Gulf Stream, Florida between the hours of 9:00 A.M. and 4:00 P.M. ALL PERSONS INTERESTED IN THESE MATTERS may appear before the Town Commission at the time and place aforesaid and be heard. 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 the request. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC HEARING, 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. Publish 10 Date: Palm Beach Post TOWN OF GULF STREAM, FLORIDA September 1, 2011 y Rita L. Taylor, To Clerk THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICATION 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 fora Notice in the matter Ordinance 011/3 was published in said newspaper in the issues of September 1. 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 the V day of September, 2011. Who is personally known to me. )�h PA-10 NOTARY PUI31ICSTATE OF FLORIDA e "" "' Karen M. McLinton ;Commission #DD832672 ,, "F Expires: NOV.15, 2012 anHnE01'HItII ATLAN'nC IION➢ING Cn, INC. 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