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Home My Public Portal About05/09/2003MAYOR: VICE MAYOR: COMMISSIONER: William F. Koch, Jr. Joan K. Orthwein Fred B. Devitt III Robert W. Hopkins II William A. Lynch May 2, 2003 REGULAR MEETING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MAY 9, 2003 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 April 11, 2003. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. June 6, 2003 @ 9 A.M 2. July 11, 2003 @ 9 A.M. 3. August 8, 2003 @ 9 A.M. 4. September 12, 2003 @ 9 A.M. 5. October 10, 2003 @ 9 A.M. 6. November 14, 2003 @ 9 A.M. 7. December 12, 2003 @ 9 A.M. VII. Reports. A. Town Manager 1. Feral Cat Program Update 2. Status of County Road Update 3. Budget Preparation Process B. Architectural Review & Planning Board 1. Meeting Dates a. May 22, 2003 @ 8:30 A.M. b. June 26, 2003 @ 8:30 A.M. C. July 24, 2003 @ 8:30 A.M. d. September 25, 2003 @ 8:30 A.M. e. October 23, 2003 @ 8:30 A.M. f. November 20, 2003 @ 8:30 A.M. g. December 18, 2003 @ 8:30 A.M. C. Finance Director 1. Financial Report for April 2003 D. Police Chief 1. Activity for April 2003 VIII. Items for Commission Action. A. Appointment of an Alternate Member B. Master Street Lighting Maintenance C. Easement Request from FP &L D. Approval of Proposed Allocation of E. RESOLUTION NO. 003 -02 requesting a Emergency Medical Service Grant Aw. 2004 for the City of Delray Beach, for ARPB Agreement W /F1. DOT Byrne Funds. portion of the County and Program Funds for 2003 Florida. AGENDA CONTINUED Page 2 F. ORDINANCE NO. 03/3: An Ordinance Of The Town Commission Of The Town of Gulf Stream, Palm Beach County Florida, Amending Chapter 70 Of The Town Code Of Ordinances, The Gulf Stream Design Manual, At Article VI, District Standards, Section 70- 187, So As To Allow For The Approval Of Metal Roofs For Re- roofing Projects Only Upon Certification From An Engineer That The Existing Structure Will Not Support A Tile Roof; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing for Codification; Providing An Effective Date. (second reading & adoption) G. Items by Mayor and 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 HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MAY 9, 2003 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 Pledge of Allegiance was led by Mayor Koch. III. Roll Call. Present and William F. Koch, Jr. Participating: Joan K. Orthwein Fred B. Devitt III Robert W. Hopkins II William A. Lynch Also Present and: William Thrasher Participating Rita Taylor Garrett Ward IV. Minutes of Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Town Clerk Police Chief the minutes be approved as circulated and all voted AYE. V VI Mayor Additions, withdrawals There were no changes deferrals Announcements. A. Regular Meetings and Public Hearings 1. June 6, 2003 @ 9 A.M 2. July 11, 2003 @ 9 A.M. 3. August 8, 2003 @ 9 A.M. 4. September 12, 2003 @ 9 A.M. 5. October 10, 2003 @ 9 A.M. 6. November 14, 2003 @ 9 A.M. 7. December 12, 2003 @ 9 A.M. Koch announced these dates. VII. Reports. seconded that of agenda items. A. Town Manager 1. Feral Cat Program Update Town Manager Thrasher reported that there have been six additional traps installed and to date $10,270 has been spent on trapping with $1,122 spent on spaying and neutering. Commissioner Hopkins stated that he has gotten a number of complaints from residents that the TNR Program was not successful. The Commissioner stated that the problem is becoming unbearable for some residents, and they are willing to take more drastic measures to eliminate the feral cats. The Town Manager stated that the Town is doing everything legally possible to resolve the problem, but there are some residents that are still feeding the cats, so they do not go in the traps. Regular Meeting & Public Hearing Town Commission -May 9, 2003 Page 2 The Commission expressed concern with the health hazards that the feral cats present in the community and discussed several ideas in regard to solving the feral cat problem. Mayor Koch directed the Town Manager and Police Chief to investigate a more aggressive treatment for the animals. 2. Status of County Road Update Town Manager Thrasher informed that a letter of intent to accept transfer of County Road from the County to the Town was sent to Commissioner McCarty as directed by the Commission. To date there has been no response. 3. Budget Preparation Process Town Manager Thrasher advised the Commission that he is working on the budget and requested to meet with each Commissioner for their input. Mr. Thrasher referred to a document from Florida Department of Health regarding First Responders, and advised that the Police Chief and himself are required to sit in on weekly telephone conference calls for First Responders and that there are more administrative responsibilities being placed on the Town, which could impact the budget. The Town Manager informed the Commission that he would be in New York the week of May 19th for a FGFOA conference. He explained that the conference allows him 25 CPEs toward his certification and that he needs an additional 65 CPEs. There were no objections. B. Architectural Review & Planning Board 1. Meeting Dates a. May 22, 2003 @ 8:30 A.M. b. June 26, 2003 @ 8:30 A.M. c. July 24, 2003 @ 8:30 A.M. d. September 25, 2003 @ 8:30 A.M. e. October 23, 2003 @ 8:30 A.M. f. November 20, 2003 @ 8:30 A.M. g. December 18, 2003 @ 8:30 A.M. Mayor Koch announced these dates. C. Finance Director 1. Financial Report for April 2003 Mr. Thrasher asked that his report be accepted as submitted if there were no questions. Commissioner Lynch asked if everything looks good. Mr. Thrasher said he is concerned about the water revenue and explained that the Town was being under billed for years. The City of Delray Beach corrected their water leakage problem and increased the cost to C11 the Town. The Town Manager added that the Town is currently replacing some water meters and he anticipates an increase in cost to residents will be necessary next year. Commissioner Lynch moved and Commissioner Orthwein seconded to approve the Financial Report. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. D. Police Chief 1. Activity for April 2003 Chief Ward asked that his report be accepted as submitted and added that there was an incident where a visitor was attacked by two dogs belonging to a resident, and had to be taken to the hospital. Regular Meeting & Public Hearing Town Commission -May 9, 2003 Page 3 The Chief stated that the resident was issued a citation, the dogs declared to be vicious, and as such, are required to be muzzled when on public property. Commissioner Devitt suggested that the incident be reported to the resident's insurance company to ensure that the victim is compensated for medical costs. GThe Chief added that on May 21, 2003, Lieutenant Allen and himself would be attending regional weapons of mass destruction exercise at the Pro Player Stadium. The Regional Security task force for emergency response is the sponsor for this exercise. VIII. Items for Commission Action. A. Appointment of an Alternate Member for ARPB Mr. Kent, a resident in the audience, suggested Rustem Kupi as an alternate for the ARPB. He added that Mr. Kupi is a resident of the Town and he is an architect who is aware of the Town's design standards. Commissioner Lynch was not sure that having an architect on the ARPB Board would be beneficial, as he had served on such a Board in the past. The Commission agreed to consider Rustem Kupi among other candidates as an alternate member and tabled this item for the next meeting. B. Master Street Lighting Maintenance Agreement W /F1. DOT Town Manager Thrasher explained that FDOT is granting a pass thru of funds to Towns for the purpose of maintaining the light fixtures on FDOT property within the Towns. Gulf Stream will be reimbursed $950.40 during the first year, which will increase in the successive years. The Town Manager stated that this is already a demand on the Town and the legislature recommended this pass thru on to municipalities. Town Manager Thrasher believes this agreement is beneficial to the Town and added that other municipalities have already executed this agreement. Commissioner Devitt moved and Commissioner Lynch seconded to approve the Master Street Lighting Maintenance Agreement W /F1. DOT. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. C. Easement Request from FP &L Town Manager Thrasher reminded that the Commission requested more information from FPL regarding the easement request. FPL responded to the Commission request, explaining that that they wanted to place three transformers in the southeast corner of the fenced area behind the maintenance building that would extend 10 feet beyond the property line. Commissioner Hopkins asked the Town Manager to review this item for him and asked if the Town would be receiving any monetary recompense. Mr. Thrasher reviewed the easement request for the Commissioner and explained that the transformers service the Town only and he recommends granting the request. The Town Manager said there is no monetary compensation for the town and added that the County would be financing Regular Meeting & Public Hearing Town Commission -May 9, 2003 Page 4 the project. He advised that Commissioner Mary McCarty telephoned and requested that that Town grant the easement to FPL. Commissioner Lynch made a motion to approve the easement request and Commissioner Orthwein seconded the motion for discussion. Commissioners Orthwein and Hopkins were not comfortable granting the Oeasement and directed the Town Manager to obtain the entire cost of moving the transformers, where are the funds coming from, can the transformers be placed elsewhere, and ensure that all the electric is for the Town. Commissioner Devitt made a motion to table the request to the next town Commission meeting and Commissioner Orthwein seconded the motion. Roll Call: Comm. Devitt; AYE, Comm. Lynch; NAY, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. D. Approval of Proposed Allocation of Byrne Funds. Town Clerk Taylor explained that annually the FDLE requires that 51% of the local governments agree on the allocation of the Byrne funds and each program is required to provide its own 25% cash match. Commissioner Hopkins asked if the Town receive any of these funds. Chief Ward explained that the Byrne Fund projects respond to drug and drug related violent crime problems; Gulf Stream has a low crime rate and does not qualify. Commissioner Hopkins asked where would the monies go if a motion does not pass to approve the Byrne Funds. Town Clerk Taylor said it would be redistributed to another agency. Commissioner Orthwein moved and Commissioner Lynch seconded to approve proposed allocation of Byrne Funds. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; NAY, Comm. Orthwein; AYE, and Mayor Koch; AYE. E. RESOLUTION NO. 003 -02 requesting a portion of the County Emergency Medical Service Grant Award Program Funds for 2003- 2004 for the City of Delray Beach, Florida. Town Clerk Taylor explained that this an annual emergency medical service grant, and inasmuch as Delray is the Town's emergency medical Cservice agency, by adopting the resolution, it gives the City of Delray more claim for their share of the fund. Town Clerk Taylor read Resolution No.003 -02 by title. Commissioner Lynch moved and Commissioner-Hopkins seconded to approve Resolution No. 003 -02. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. F. ORDINANCE NO. 03/3: An Ordinance Of The Town Commission Of The Town of Gulf Stream, Palm Beach County Florida, Amending Chapter 70 Of The Town Code Of Ordinances, The Gulf Stream Design Manual, At Article VI, District Standards, Regular Meeting & Public Hearing Town Commission -May 9, 2003 Page 5 Section 70 -187, So As To Allow For The Approval Of Metal Roofs For Re- roofing Projects Only Upon Certification From An Engineer That The Existing Structure Will Not Support A Tile Roof; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing for Codification; Providing An Effective Date. (second reading & adoption) Town Clerk Taylor read Ordinance No. 03/3 by title. Commissioner Lynch moved and Commissioner Orthwein seconded to approve Ordinance No.03 /3. There was no comment from the public. Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. G. Items by Mayor and Commissioners. Commissioner Orthwein informed that the application for the proposed historical markers was sent to the State for approval. The Town was advised that there was not enough verbage on the sign. The Town Clerk explained that the Historic Committee meets on call and an expanded text has been forwarded. Town Manager Thrasher informed the Commission that the maintenance person has resigned and he is in the process of interviewing potential candidates. Mr. Thrasher also advised that he would, in the future, be asking the Commission to reevaluate the annexation of the property on the west side of AlA and the east side of County Road as a request of some important supporting information he had received. The Commission agreed to give this some consideration. IX. Public. There was no comment from the public. X. Adjournment. Mayor Koch adjourned the meeting at 10:25 A.M. on a motion to do so made by Commissioner Lynch and seconded by Commissioner Hopkins with all voting in the affirmative. PputyA^A_1Z A"__J Manboard, CMC Town Clerk NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on June 9, 2003 at 8:30 A.M., and the Town Commission will hold a Public Hearing on July 10, 2003 at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application submitted by Digby Bridges, Marsh and Associates, agents for Doctors Alan and Ann Aker, owners, of the property located at 3649 N. Ocean Blvd., Gulf Stream, Florida, legally described as a part of Lot 8 and a part of Lot 9, Gulf Stream Ocean Tracts subdivision for the following: 1. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the interior demolition of a small structure located in the south east corner of the property, detached from the main house, and the construction of a 618 sq. ft. guest house within the existing walls and covered band shell of the Mediterranean Revival architectural style. 2. SPECIAL EXCEPTION to permit the enclosure of an existing covered band shell which is non - conforming in that it encroaches into the south side yard setback. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application at the meetings noticed above. These meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The complete application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear before the /1 Architectural Review and Planning Board and the Town Commission of J the Town of Gulf Stream at the times and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS, 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. Dated: May 27, 2003 TOWN OF GULF STREAM, FLORIDA Rita L. Taylor, Town Clerk NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL O NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on Monday, June 9, 2003 at 8:30 A.M., and the Town Commission will hold a Public Hearing on Thursday, July 10, 2003 at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which he following will be considered: An application submitted by William Wietsma, agent for William and Joan Luke, owners of the property located at 3211 Polo Drive, Gulf Stream, Florida, which is legally described as Lot 5, Gulf Stream Properties subdivision, for approval of the following: 1. VARIANCE to permit the construction of a 1,167.2 square foot screen enclosure with white aluminum frame and dark gray screen which exceeds the FAR by 556 square feet. 2. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the installation of a screen enclosure over an existing swimming pool. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application at the meetings noticed above. These - reetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The completed application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during 'regular business hours, which generally include non- holidays weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Architectural Review and Planning Board and the Town Commission of the Town of Gulf Stream at the times and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND "PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS, 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. Dated: May 27 Publish: Palm May June July 2003 Beach Post 30, 2003 25, 2003 5, 2003 TOWN OF ULrF STREAM 1 Rita L. Taylo Town Clerk m v Ey 'C W T � �+ a cry O N; w pa O a b m c mxa •`�mram Om m .. o N •Gp C .G m d v p U o F F c� C A W i°y v� m� •J i 3p�. d�Tc .� b❑ «m ,� N 7 W W ° m � �'t9 M N N•^ C'C m °J' ra W ma° G �° w yw °�' ° a� p '�'�a�b•omaEio6 amUaw^ 'm O ay.N U y T v W M x G ou N -zl y O T 0' 3 r�..ii Pn m O C G N W WO C U N U 0 a r V 'C O 0 .� •� a' y y m a� T O U y y y U y' ❑ U V N N El b W m ❑-- p a o•oa N O M N .m r -0 -0 o 7 0 0 '9-0-s -s m w W •� n, °1 •y o �'m� my a,� V] OU W y FL m ti F ❑ d 0. W G w W d F b G U N b 0 0 C s U N 7 b b o °J M V W b O � XXa m U O "m W b 0 o y a � z Z U u R 0 Z 8 z2= LU 2 X Y � ve"p. 0 �ryh 1—i NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on Monday, June 9, 2003 at 8:30 A.M., and the Town Commission will hold a Public Hearing on Thursday, July 10, 2003 at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application submitted by Digby, Bridges, Marsh and Associates agents for Gulf Stream School, owner of the property located at 3600 Gulf Stream Road, Gulf Stream, Florida, which is legally described as Lot 4, Polo Fields subdivision, for approval of the following: 1. VARIANCE to allow a temporary modular building at the northwest area of existing playing field totaling +/ -1,440 square feet, for relocation of the library book collection until such time that the new library is complete. 2. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the installation of a temporary modular structure. The Architectural Review and Planning Board shall make a recommendation to Cthe Town Commission, and the Town Commission shall make a final decision xegarding the subject application at the meetings noticed above. These meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The completed application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally include non - holidays weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Architectural Review and Planning Board and the Town Commission of the Town of Gulf Stream at the times and place aforesaid and be heard. 4 SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS, 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. Dated: May 27 2003 -- Publish: Palm Beach Post May 30, 2003 June 25, 2003 July 5, 2003 TOWN OF GULF STREAM , ln-- Rita L. Tay or, Town Clerk THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Tracey Diglio, who on oath says that she is Telephone Sales Supervisor 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, being Notice in the matter of Anrlication was published in said newspaper in the issues of Mav 30 June 25 & July 5. 2003. 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 advertisem/Q�at for public lion in tthhe said newspaper. � Sworn to and subscribed before this 71h day of Jul , 2003 Personally known XX or Produced Identification Type of Identification Produced ��yrr °atr, KAREN M MCLIN7'ON ,1 MY COMMISSION #CC 979669 ��eF PO EXPIRES: N. 15.1101 1 9W 1NOTA Y FL NAay Service h 5. I.tc