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Home My Public Portal About08/10/2001s MAYOR: VICE MAYOR: COMMISSIONER William F. Koch, Jr. Joan K. Orthwein Fred B. Devitt III Robert W. Hopkins II William A. Lynch August 3, 2001 REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, AUGUST 10, 2001 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 of the Regular Meeting of July 13, 2001. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting & Public Hearing 9 -14 -01 @ 4 P.M. 2. Adoption of Tentative Millage & Budget 9 -14 -01 @ 5:01 P.M. 3. Adoption of Final Millage & Budget 9 -24 -01 @ 5:01 P.M. 4. Regular Meeting & Public Hearing 10 -19 -01 @ 9 A.M. 5. Regular Meeting & Public Hearing 11 -9 -01 @ 9 A.M. 6. Regular Meeting & Public Hearing 12 -14 -01 @ 9 A.M. VII. Reports. A. Town Manager O 1. Polo Dr. & Old School Rd. Outfall- Update 2. 2950 Polo Dr. Outfall- Update 3. Palm Way -Royal Palm Trees /Electric Service B. Architectural Review & Planning Board 1. Meeting Dates a. No meeting in August 2001 b. Regular Meeting & Public Hearing 9 -27 -01 @ 8:30 A.M. c. Regular Meeting & Public Hearing 10 -25 -01 @ 8:30 A.M. d. Regular Meeting & Public Hearing 11 -15 -01 @ 8:30 A.M. e. Regular Meeting & Public Hearing 12 -14 -01 @ 8:30 A.M. C. Finance Director 1. Financial Report for July 2001 2. Bi- monthly water report D. Police Chief 1. Activity for July 2001 VIII. Items for Commission Action. A. Items by Mayor and Commissioners. IX. Correspondence. A. Resolution No. 01 -20 pledging support to small municipal fire and police departments in Palm Beach County in their efforts to maintain their municipal identity and services. -Lake Clark B. Resolution No. 42 -2001 urging the enactment of legislation authorizing counties and municipalities, at their option, to collect local government code enforcement fines in the same manner as non -ad valorem assessments; providing for distribution; providing an effective date.- Town of Lake Worth 1' AGENDA CONTINUED X. Public. XI. Adjournment. Page 2 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 FRIDAY, AUGUST 10, 2001 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Koch called the meeting to order at 9 A.M. II. Pledge of Allegiance. The Mayor led the Pledge of Allegiance. 1 III. Roll Call. Present and William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice Mayor Fred B. Devitt III Commissioner Robert W. Hopkins II Commissioner William A. Lynch (Phone) Commissioner Also Present and William Thrasher Town Manager Participating: John Randolph Town Attorney Rita Taylor Town Clerk Garrett Ward Police Chief IV. Minutes of the Regular Meeting of July 13, 2001. Commissioner Orthwein moved and Commissioner Devitt seconded that the Minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. The Town Clerk requested to add as Item VIII.B., Code Violation @ 1314 N. Ocean Blvd., Gulf Stream, FL. VI. Announcements. A. Regular Meetings and Public Hearings 1. Regular Meeting & Public Hearing 9 -14 -01 @ 4 P.M. 2. Adoption of Tentative Millage & Budget 9 -14 -01 @ 5:01 P.M. 3. Adoption of Final Millage & Budget 9 -24 -01 @ 5:01 P.M. 4. Regular Meeting & Public Hearing 10 -19 -01 @ 9 A.M. 5. Regular Meeting & Public Hearing 11 -9 -01 @ 9 A.M. 6. Regular Meeting & Public Hearing 12 -14 -01 @ 9 A.M. Mayor Koch called attention to the above dates. VII. Reports. A. Town Manager 1. Polo Dr. & Old School Rd. Outfall- Update Town Manager Thrasher reported that 181' of pressure pipe has been installed through the Crocker property easement ahead of schedule, with only minimal disruption to the lawn at that location and on the property on the north side of Old School Road. He advised that the electrical wiring is to begin on August 14th or 15th, which was originally scheduled, for September 17th. Mr. Thrasher cautioned that while this project is ahead of schedule, materials needed for other sections of the project are yet to be delivered which could cause a delay. The Town Manager further reported that on Monday a check for $82,000, the first draw for the project, will be sent to TLC, the contractor. Town Commission - Regular Meeting August 10, 2001 Page 2 2. 2950 Polo Dr. Outfall- Update Mr. Thrasher advised that this project is not moving as rapidly as had been expected due to the contractor having encountered rock the entire distance. He believed the project will be completed within two weeks. 3. Palm Way -Royal Palm Trees /Electric Service The Town Manager reported that he had visited the area on Palm Way and O determined that a number of the Royal Palm trees are a potential hazard to the electric lines and removing only one of them would not sufficiently solve the problem of power outages. He further reported that, in keeping with a recent direction from the Commission to pursue elimination of overhead wiring, he had contacted FP &L, Bell South and Adelphia Cable for cost estimates to bury the utilities on Palm Way. Town Manager Thrasher advised he has received a reply from Adelphia and has requested to meet with FP &L and Bell South on this matter. When the estimates are complete, they will be given to the resident representative living on Palm Way. B. Architectural Review & Planning Board 1. Meeting Dates a. No meeting in August 2001 b. Regular Meeting & Public Hearing 9 -27 -01 @ 8:30 A.M. c. Regular Meeting & Public Hearing 10 -25 -01 @ 8:30 A.M. d. Regular Meeting & Public Hearing 11 -15 -01 @ 8:30 A.M. e. Regular Meeting & Public Hearing 12 -20 -01 @ 8:30 A.M. The above meeting dates were made a part of the Official Record. C. Finance Director 1. Financial Report for July 2001 Mr. Thrasher advised that he will be presenting Budget Adjustments at the next meeting that will reflect the large expenditures that are not included as budgetary items in the current budget and financial reports. He then called attention to the check register and advised that the $35,500 that had been paid to Harvel Utilities covered the underground work on Middle Road and the $4,370 paid to NDM & Assoc. was an advance to the contractor for hurricane windows to be installed in the police station, for which the Town will be reimbursed by a cash donation from the Civic Association. 2. Bi- monthly water report The Town Manager pointed out that the water consumption is the lowest that has been reported for the month of July during the time these records have been kept. This is due to the water restrictions that are in place as a result of the current drought. Mr. Thrasher noted that while it is desirable to reduce consumption, a revenue reduction results, as is reflected in the water report. D. Police Chief 1. Activity for July 2001 In addition to the written activity report, Chief Gary Ward reported that Delray has offered the facilities at Atlantic High School to Gulf Stream in a hurricane emergency. The Chief further reported that 6 feral cats had been trapped last week and that the trapper is averaging about one per day. Town Commission- Regular Meeting August 10, 2001 Page 3 VIII. Items for Commission Action. A. Items by Mayor and Commissioners. Mayor Koch advised that the Annual Hurricane Meeting had been held and arrangements had been made to use the facilities at Bethesda Hospital for record storage and police personnel. He was pleased to hear of the offer from Delray Beach to also use Atlantic High School. OCommissioner Orthwein expressed concern that the exceptionally large pile of soil that is stored in front of the Gulf Stream Golf Club. She pointed out that if a storm hit, the soil would completely block State Road AlA. Mayor Koch and the Town Manager explained they were also concerned and that they had spoken to the management at the Club regarding this and had been assured that it would be moved. This is to be used for a berm around a retention pond that is to be constructed prior to the start of the season. The project has been delayed due to permitting from the South Florida Water Management. Mayor Koch advised that he and the Town Manager would again meet with the management and establish an emergency plan to mitigate this potential hazard. B. Code Violation @ 1314 N. Ocean Blvd. Attorney Randolph advised that he had been in conversations with the staff regarding the installation of dolphin pilings and a finger pier without first having obtained a building permit. In addition, they have been placed in violation of the zoning code in that there are more than the four that are permitted and many of them extend more than the permitted 25' from the seawall. He stated that there are two options for addressing the violations, one being to cite the owner to appear before the Special Master and the other to file for mandatory injunctive relief through the courts. He pointed out that the Special Master would most likely order that the violations be corrected. Failing to do so, a daily fine would be established for each day of violation. If this was not paid, a lien would be placed against the property but foreclosure would not follow due to the property being homesteaded. Mr. Randolph advised that going to court can be expensive and could take up to one year or more before an order from the judge would be handed down. He believed the trial itself would be short, with the staff being called to testify regarding to the provisions in the Ordinance and the contractor being called as a witness to the fact that the property owner had ordered this work to be done, even after the contractor had advised that this installation would not be permitted under the Gulf Stream Code. Attorney Randolph stated that a certified letter had been sent by the Town Manager to the property owner and received by him, citing the violations and ordering them to be corrected within 10 days, August 14th The Commissioners were in unanimous agreement that this flagrant violation must be addressed at once and that the hearing before the Special Master may not achieve the desired result of removal of the finger pier and the violating dolphins. Town Commission - Regular Meeting August 10, 2001 Page 4 Commissioner Orthwein moved and Commissioner Lynch seconded that a suite be filed for mandatory injunctive relief after a letter to the property owner advising him that this court action is being taken has been hand delivered to him. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. GIX. Correspondence. A. Resolution No. 01 -20 pledging support to small municipal fire and police departments in Palm Beach County in their efforts to maintain their municipal identity and services. -Lake Clark The Town Clerk read Resolution No. 01 -20 by title. Commissioner Orthwein moved and Commissioner Lynch seconded that the Clerk prepare a similar Resolution for consideration at the September meeting. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE. B. Resolution No. 42 -2001 urging the enactment of legislation authorizing counties and municipalities, at their option, to collect local government code enforcement fines in the same manner as non -ad valorem assessments; providing for distribution; providing an effective date. Resolution No. 42 -2001 was read by title by the Town Clerk and made a part of the official record. X. Public. There was no comment from the public. XI. Adjournment. Mayor Koch adjourned the meeting at 9:55 A.M. on a motion to do so made by Commissioner Lynch that was seconded by Commissioner Devitt with all voting in the affirmative. Rita L'TayloV Town Clerk