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HomeMy Public PortalAbout07 08 16 MeetingN 149 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JULY 8, 2016 AT 9:00 A.M. IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Morgan called the meeting to order at 9:00 A.M. II. Pledge of Allegiance. Mayor Morgan led the Pledge of Allegiance. III. Roll Call. Present and Scott W. Morgan Participating: Joan K. Orthwein Thomas M. Stanley Donna S. White Also Present & William Thrasher Participating: Rita Taylor Thomas Baird (request of Twn. Mgr.) Edward Allen Mark Bannon Ron Bennett Julio Martinez Chester Snavely Edward Slominski Absent with Robert W. Ganger Notice: John Randolph Mayor Commissioner Commissioner Commissioner Town Manager Town Clerk Attorney Acting Police Chief Executive Director P.B.C. Ethics Comm. Auditor Town Resident Town Resident Town Property Owner Vice Mayor Town Attorney IV. Minutes of the Regular Meeting of June 10, 2016. Commissioner Orthwein moved to approve the Minutes of June 10, 2016 and Commissioner White seconded the motion with all voting AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes to the agenda. VI. Announcements. A. Regular Meetings and Public Hearings 1. August 12, 2016 @ 9:00 A.M. 2. September 9, 2016 @ 9:00 A.M. 3. October 14, 2016 @ 9:00 A.M. 4. November to be determined. 5. December 9, 2016 @ 9:00 A.M. VII. Communications. A. Mark Bannon, Executive Director of the Palm Beach County Commission on Ethics. E Town Commission Regular Meeting s Public Hearing 7-08-16 at 9:00 A.M. Mr. Bannon explained that while his office does investigate ethics complaints, their primary responsibility is to educate elected and appointed public officials on the ethics laws and to give advisory opinions. He then introduce Anthony Bennett who has been assigned as the liaison for the Town of Gulf Stream. B. From the Public (3 min. maximum) Julio Martinez, 2564 Avenue Au Soleil, urged everyone to work together for the betterment of the Town. Chester Snavely, 965 Orchid Lane, agreed with Mr. Martinez adding that all should be communicating much better without all of the e-mails and as one community. Edward Slominski, owner of the property at 920 Indigo Point, said that this situation in the Town that is resulting in gigantic legal bills must be brought to a conclusion and reminded that he had suggested some time ago that a meeting be held to settle the problems causing this situation. VIII. PUBLIC HEARING A. Declaration of Ex -Parte Communications There were no ex -parte communications declared. Commissioner Stanley recused and stepped down for this item. B. Administer Oaths The Town Clerk administered the Oath to William Wietsma. C. Application for Development Approval Rescheduled from 6-10-16 1. An application submitted by William Wietsma, Architect as agent for Caroline & George Delafield, owners of property located at 3232 N. Ocean Blvd., Gulf Stream, Florida 33483, legally described as Lot 32 and north 50, of Lot 33, Gulf Stream Properties. Mr. Wietsma explained that there has been a large amount of remodeling to This home and this is the third phase. He said there is no covered outdoor space on this property and the proper location to add a loggia for outdoor cooking, dining and entertaining is beside the existing pool which happens to be in the front yard. He pointed out that there is a heavy hedge surrounding the property and these improvements will not be ^ seen from the street. a. SPECIAL EXCEPTION to permit a one story addition to the front of a nonconforming house, consisting of 694.8 square feet. Commissioner Orthwein moved to approve the special exception to permit the one story addition to the front of a nonconforming house, consisting of 694.8 square feet. Commissioner White seconded the motion and all three voted AYE at roll call. b. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit 2 Town Commission Regular Meeting s Public Hearing 7-08-16 at 9:00 A.M. the addition of a 694.8 square foot loggia to the front of the existing dwelling. Commissioner Orthwein then moved for approval of the Level 3 Architectural/Site Plan based on a finding that the proposed addition of a 694.8 square foot loggia to the front of the existing dwelling meets the intent of the Design Manual and applicable review standards. This Omotion was seconded by Commissioner White and all voted AYE at roll call. IX. Reports. A. Independent Auditor's Report Fiscal Year 2014/2015-R. Bennett Mr. Ron Bennett of Nolan, Holt and Miner, Certified Public Accounts from West Palm Beach advised that there are copies of the Financial Statements available in printed hard copy and are also on the Town's Website. He then distributed a copy of, and explained, a document of Financial Highlights compiled from the information in the Financial Statement. He called attention to the letter at the beginning of the Financial Statement and advised that this is a "clean opinion" under "Government Auditing Standards". He further called attention to the 3 reports in the back of the report that are required by the State of Florida. He pointed out that this was a good year with the Fund Balance increasing by $562,524 to a total amount of $1,411,890. There were no questions and Mayor Morgan thanked Mr. Bennett and commented that this is a very thorough audit and report. B. Utility Undergrounding-Danny Brannon (Engineer) In the absence of Mr. Brannon, Town Manager Thrasher advised that the Phase 2 of the Undergrounding Project is very close to breaking ground with the "kick-off meeting" being in approximately one week, the contractor has ordered the conduit and he believed the project is a little ahead of what was expected. Mayor Morgan said the project is moving ahead quite well but that on Wednesday at noon he was served at his home with a law suite by Mr. O'Hare seeking an injunction to stop the project, a declaration from the court that it should be paid by the Phase 2 residents, not out of the Town's General Fund, and a claim for monetary damages. He said he did not know what effect this will have on the project but the suite has O been forwarded to the Town's Insurance Carrier for a determination if it would be handled by them and, if not, then the Town will have to cover the expense. C. Town Manager 1. Purchase of Police Department Radios Mr. Thrasher said that this is one of three purchases he would be addressing at this meeting. He further stated that $60,000 had been budgeted for this purchase and the cost has now been determined to be $62,526.10 for the purchase from Motorola. He reminded that this purchase had been approved when it was budgeted but that other 3 Town Comission Regular Meeting & Public Hearing 7-08-16 at 9:00 A.M. commissions had asked that they be informed when these large items are actually being purchased for further comment and approval. There were no objections to this purchase. 2. Purchase of Police Vests The Town Manager called attention to the price quote for the purchase of O10 protective vests with plates for the police officers at a cost of $7,328. He said that their current vests are past the recommended life span and the new ones will also be much lighter which is important in this hot climate. Commissioner Orthwein moved that the purchase be approved as presented and Commissioner Stanley seconded the motion with all voting AYE. Town Manager Thrasher reported that the Fire Feasibility Study has been completed and a final meeting is expected to be held in the Ocean Ridge Town Hall sometime this month. Mr. Thrasher next advised that Governor Scott has stated that he intends to bring up a 50/50 grant concept for converting from septic to wastewater but that Palm Beach County may be left out of that loop. However, there is a movement to have him reconsider that position on Palm Beach County. He said that it would be necessary to upgrade our 2002 wastewater study at an estimated cost of $40,000 if we could be considered for any of this. He ended his report by reminding that everyone must once again complete the ethics training by the end of 2016. D. Architectural Review & Planning Board 1. Meeting Dates a. July 28, 2016 @8:30 A.M. b. September 22, 2016 @ 8:30 A.M. c. October 27, 2016 @ 8:30 A.M. d. November 17, 2016 @ 8:30 A.M. e. December 15, 2016 @ 8:30 A.M. E. Finance Director 1. Financial Report for June 2016 Mr. Thrasher pointed out that the net revenues are over 2 million at Othis point, and building. He further pointed to the legal fees at $367,000 expended from a budget of 1 million making for a very positive build, nearing the point we were in 2011. F. Acting Police Chief 1. Activity for June 2016 Acting Chief Allen reported that a suspect in a burglary case they had arrested 4 years ago has pled guilty and restitution ordered. J Town Commission Regular Meeting & Public Hearing 7-08-16 at 9:00 A.M. X. Items for Commission Action. A. Purchase of Beach Patrol Vehicle Town Manager Thrasher advised that Acting Chief Allen had reported that the last two police vehicles that were purchased arrived late in the year and he suggested that there not be any cars ordered this year but spend those funds to purchase other needed police equipment. He pointed Oout that the beach patrol vehicle was in poor condition and should be replaced and recommended that a Polaris Ranger be purchased under State Bid, $15,579. He explained that this is a four wheel drive, 2 seat vehicle with a dump bed on the rear. Mr. Thrasher asked for authorization to make this purchase, noting that there would be a budget adjustment to reflect that the beach vehicle and the protective vests would be purchased with the funds that had been budgeted for the 2 police cars resulting in a $23,000 balance in this account/department. Commissioner Orthwein moved to approve the purchase of the ATV as requested and recommended and Commissioner White seconded the motion with all voting AYE at the roll call. B. Proposed conveyance of "corner cut" at Pelican & Andrews Attorney Baird stated this is a request from the City of Delray Beach who has received a request from a property owner regarding a corner cut at the intersection of Andrews Avenue and Pelican Lane. He said that in the investigation the City had discovered that the corner is owned by Gulf Stream, not Delray Beach, and the City is willing to convey the parcel to the property owner conditioned on a right of way deed granted back to both the Town of Gulf Stream and the City of Delray Beach for the corner curve. He said an engineer's report would be necessary. He further said the easement agreement could include that all costs involved would be the responsibility of the property owner. Commissioner Stanley said he was familiar with this situation and he recommended that the Commission take no action on this until such time as there is an engineering report which could be from the City of Delray Beach engineering department or from an engineer hired by the property owner, or both. Mayor Morgan said his recommendation would be that Commissioner Stanley work with Town Staff to oversee this matter and all Commissioners were Qin agreement, including Commissioner Stanley. C. Presentation of Proposed Budget for Fiscal Year 2016-2017 1. Budget Consideration Town Manager Thrasher began by explaining that the "rolled back millage rate" is the rate that would be necessary to generate the same amount of tax dollars as the previous year. The "rolled back millage rate" for this year is 4.7684 and the proposed millage rate for 2016/2017 4.5900 which is 3.74% below the rolled back rate and less than the millage rate for 2015/2016 which was 5.0000 mills. With regard to the capital 5 Town Commission Regular Meeting 6 Public Hearing 7-08-16 at 9:00 A.M. expenditures for 2016/2017, he said he is proposing $1,050,500. He further noted that there is a material amount of paving provided for in this figure but it will not be enough to do the entire town. All roads are being inspected and the results will be evaluated with the ones in the poorest condition to be first in line. OMr. Thrasher called attention to the line item called Unreserved Fund Balance (the Town's savings) which the auditor has referred to as being from all eternity past. Also as stated by the auditor, this may be used for any lawful purpose with approval of the Commission. This budget reflects an expenditure of $571,000 to cover the shortfall in the undergrounding project and that will be subtracted from the Fund Balance. The line item under Legal is being reduced from 1 million to $650,000 and there is also a contingency of $555,601 provided for 2016/2017. Mr. Thrasher reminded that the Town had determined and directed that the primary goal is to build the reserves before any new projects are to be undertaken. With regard to the water/utility fund, the Town Manager said the reserves are also building in that fund and there has been no increase in the water rates provided in this budget. He also said that Delray has not notified Gulf Stream as to whether they will have an increase in their water rates. Commissioner White asked if the $200,000 budgeted for paving included monies from the proposed $.O1 sales tax increase to which Mr. Thrasher replied that it is not included and even if the increase passes, our estimated share of $56,000 per year would not be distributed until the following year. Mayor Morgan complemented the staff on their work to increase reserves over the past year. 2. 2015-2016 Millage rate The millage was 5.0000. 3. Proposed Millage for Fiscal Year 2016-2017 Commissioner Orthwein moved that the proposed millage for Fiscal Year O2016/2017 be 4.5900 which is 3.74% below the rolled back rate of 4.7684. Commissioner Stanley seconded the motion and all voted AYE at roll call. 4. Certification of Rolled Back Millage Rate Commissioner Stanley moved to certify the calculated rolled back rate of 4.7684 and Commissioner White seconded the motion with all voting AYE at the roll call. 5. Date of First Public Hearing -Tentative Budget Adoption M Town Commission Regular Meeting & Public Hearing 7-08-16 at 9:00 A.M. Commissioner Orthwein moved to reschedule the September 9, 2016 regular meeting from 9:00 A.M. to 9:00 P.M. and Commissioner Stanley seconded the motion. All voted AYE at roll call. Commissioner Orthwein then moved to hold the first budget hearing at 5:01 P.M. on September 9, 2016. Commissioner Stanley seconded the motion and all voted AYE at the roll call. l ) 6. Date of Second Public Hearing -Final Budget Adoption The Town Clerk advised that the hearings may not be held at the same time as the County Commission and the School Board hold their hearings. She said there are two dates that would be available for the Gulf Stream Hearings and those are Tuesday, September 20, 2016 and Wednesday September 21, 2016, both at 5:01 P.M. Commissioner Orthwein moved to hold the second budget public hearing at 5:01 P.M. on September 20, 2016. Commissioner White seconded the motion and all voted AYE. D. Items by Mayor & Commissioners Mayor Morgan observed that from the remarks in the Public Comment section of the meeting there was expressed a desire for more communication with which he is in agreement. He asked that anyone with questions or problems not to e-mail him but to please phone him or meet with him to discuss the matter. The Mayor reported that the RICO action is finished. He said the Town entered into this action knowing that this was an item that was new to the law but that something had to be done to try to stop the public record lawsuits that at that time numbered 53 against the Town and in addition, found there were hundreds across the State of Florida. In filing the RICO action we knew the Town would either prevail or at least expose the case. He pointed out that the Town has not had a public records lawsuit since that action was filed and also none across the state. He closed by reporting that a number of these cases have been scheduled for court, and sanctions have been applied in a number of others. XI. Adjournment. Mayor Morgan adjourned the meeting at 10:20 P.M. /?j, X/,— / Rita L. Taylor Town Clerk y 7