HomeMy Public PortalAbout07 08 16 MeetingN
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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.
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Town Commission Regular
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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
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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
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Town Comission Regular
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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.
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Town Commission Regular
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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
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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
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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
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