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
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