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HomeMy Public PortalAbout07/10/2003July 3, 2003 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Fred B. Devitt III Robert W. Hopkins II William A. Lynch REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON THURSDAY, JULY 10, 2003 AT 9:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. A(;RT,MA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes of the Regular Meeting of June 6, 2003. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. August 8, 2003 @ 9 A.M. 2. September 12, 2003 @ 9 A.M. 3. October 10, 2003 @ 9 A.M. 4. November 14, 2003 @ 9 A.M. 5. December 12, 2003 @ 9 A.M. VII. Public Requests. A. F.P.& L. Easement Request -P. B. County Commissioner McCarty VIII. PUBLIC HEARING A. Applications for Development Approval 1. An application submitted by William Wietsma, as Agent for William & Joan Luke, the owners of property located at 3211 Polo Drive, Gulf Stream, Florida, which is legally described as Lot 5, Gulf Stream Properties Subdivision in i 1 Gulf Stream, F1. J LETTER REQUESTING TO WITHDRAW THIS APPLICATION a. 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. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the installation of a screen enclosure over an existing swimming pool. 2. An application submitted by Rustem and Kelly Kupi, Agents and owners of the property located a 3244 N. Ocean Blvd, Gulf Stream, Florida, which is legally described as Lot 3, Gulf Stream Properties Subdivison. a. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit the demolition of existing structures in 2 phases, (let rear bedroom then main residence) and the construction of an 8,043 square foot Colonial Gulf Stream Bermuda style home with basement garage and a pool cabana. b. SPECIAL EXCEPTION to permit the construction of open covered porches which exceed the FAR by 125 sq. ft. c. LAND CLEARING PERMIT to permit the removal of 1 melaluca tree and clear the building pad. d. N. OCEAN BLVD. OVERLAY PERMIT to remove existing philodendron understory and install new plantings as shown in the landscape design. Page 2 3. An application submitted by Digby Bridges, March 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. a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the interior demolition of a small structure located in the southeast 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. b. 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. 4. An application submitted by Digby Bridges, Marsh and Associates, agents for the Gulf Stream School, owner of the property located at 3600 Gulf Stream Road, Gulf Stream, Florida, which is legally described as Lot 4, Polc Fields Subdivision. a. VARIANCE to allow a temporary modular building at the northwest area of the existing playing field totaling +/ -1,440 square feet, for relocation of the library book collection until such time that the new library is complete. b. LEVEL 3 ARCHITECTYURAL /SITE PLAN REVIEW to permit the installation of a temporary modular structure. IX. Reports. A. Town Manager 1. Feral Cat Program Update 2. Residents Postal Address B. Architectural Review & Planning Board 1. Meeting Dates a. July 17, 2003 @ 8:30 A.M. b. September 25, 2003 @ 8:30 A.M. c. October 23, 2003 @ 8:30 A.M. d. November 20, 2003 @ 8:30 A.M. e. December 18, 2003 @ 8:30 A.M. C. Finance Director 1. Financial Report for June 2003 D. Police Chief 1. Activity for June 2003 X. Items for Commission Action. A. Appointment of an Alternate Member for ARPB B. Budget Presentation for Fiscal Year 2003 -2004 1. Budget Consideration 2. Proposed Millage for 2003 -2004 1. Certification of Rolled Back Millage Rate 2. Date of First Public Hearing Toward Budget Adoption 3. Date of Second Public Hearing for Final Budget Adoption C. Items by Mayor and Commissioners. XI. Public. XII. 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 rvKm op mCmVKj%moum yr Y%mmv %P%m .IVI rWK COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME - MIDDLE NAME NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE Devitt, Fred III I Town of Gulf Stream Commission 3030 N. Ocean Blvd Gulf Stream 7 -10 -03 Palm Beach THE BOARD, COUNC WHICH I SERVE 15 A CIXY . COUNTY WHO MUST FILE FORM M OF: OTHER LOCAL AGENCY ELECTIVE APPOINTIVE This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited frorrl knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. arson holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must u.,close the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the mintltes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IfiK %I AN IILMA GAfF IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. 1, Fred Devitt III DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on July 10 &r 2003 i (a) A measure came or will come before my agency which (check one) inured to my special private gain; or ?< inured to the special gain of "Lc ao 0 t G.a .� by whom 1 am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: hd� �jf/IL2 � R�?GQ Or. -q' M-Y, t f.,%e t�2!✓ C�+ - Aa ve- VA-elt aQ R /`e a el A-^ r„--C;A�a Tz 0-3+ 47 ,(i„ 6a e-,x . Date Filed ar-;,k o f ' h 0 w �ervL 40 Sign ture NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985),-A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BN'ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. FORM 38 • 10.•6 PAGE 2 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON THURSDAY, JULY 10, 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. Mayor Participating: Joan K. Orthwein Vice Mayor Fred B. Devitt III Commissioner Robert W. Hopkins II Commissioner Via Telephone William A. Lynch Commissioner Also Present and William Thrasher Town Manager Participating: Dr. Ann Aker Resident /Applicant Mark Marsh Agent -Aker & GS School Rustem Kupi Resident /Applicant Conrad DeSantis Agent for GS School Rita Taylor Town Clerk Garrett Ward Police Chief John Randolph Town Attorney IV. Minutes of the Regular Meeting of June 6, 2003. Commissioner Hopkins moved and Commissioner Orthwein seconded that the minutes be approved as circulated and all voted AYE. u Service Additions, withdrawals Town Manager Thrasher Contract. There were Vi. Announcements. A. Reg 1. 2. 3. 4. 5. deferrals of agenda items. requested to add Item X.D. no objections. ular Meetings and Public Hearings August 8, 2003 @ 9 A.M. September 12, 2003 @ 9 A.M. October 10, 2003 @ 9 A.M. November 14, 2003 @ 9 A.M. December 12, 2003 @ 9 A.M. Mayor Koch announced these dates. Commissioner Devitt reminded that he Cj} would not be available for the August 8th meeting. There were no objections to the above dates. VII. Public Requests. F.P.& L. Easement Request -P.B. County Commissioner McCarty Commissioner McCarty was not present at this time. VIII. PUBLIC HEARING A. Applications for Development Approval Town Commission Regular Meeting & Public Hearing Page 2 July 10, 2003 1. An application submitted by William Wietsma, as Agent for William & Joan Luke, the owners of property located at 3211 Polo Drive, Gulf Stream, Florida, which is legally described as Lot 5, Gulf Stream Properties Subdivision in Gulf Stream, F1. LETTER REQUESTING TO WITHDRAW THIS APPLICATION Commissioner Devitt advised that he has a conflict of interest with this C application in that he represents the owners. The Commissioner excused himself from the proceedings and completed the Memorandum of Conflict form. a. 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. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the installation of a screen enclosure over an existing swimming pool. Town Clerk Taylor informed that this application went before the ARPB at their last meeting and the requests were denied. The Town Clerk stated that subsequently the applicant submitted a letter requesting to withdraw the application. Commissioner Hopkins moved and Commissioner Orthwein seconded to approve the request to withdraw the application without prejudice. Roll Call: AYE, Comm. Hopkins; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. Town Clerk Taylor asked that those persons who intended to speak to please stand and take the Oath. The Town Clerk administered the Oath to Dr. Ann Aker, Mark Marsh and Mr. & Mrs. Kupi. Town Clerk Taylor asked if there were any exparte communications to declare. There were none. 2. An application submitted by Rustem and Kelly Kupi, Agents and owners of the property located a 3244 N. Ocean Blvd, Gulf Stream, Florida, which is legally described as Lot 3, Gulf Stream Properties Subdivision. Mr. Kupi displayed elevation drawings and color renderings of the proposed home and explained that he is planning to demolish the existing ^ buildings in 2 phases. The first phase would be the guesthouse in the (\ % rear and then the main house in the second phase. In determining the finished floor elevation, Mr. Kupi explained he arrived at an average of the elevation to the south of 13.39' and 16.14' to the north. He explained there is a proposed two -car garage in the basement under the pool cabana, which is not included in the FAR, and a small basement under the main house consisting of 447 square feet, which has been included in the FAR. Mr. Kupi pointed out that this is a Colonial Gulf Stream Bermuda style structure with the two -story portion over the center of the structure finished off with a widow's walk on the top. Mayor Koch asked if the new construction is closer to AIA than the existing house and if the Australian pine trees along AlA would be Town Commission Regular Meeting & Public Hearing Page 3 July 10, 2003 disturbed. Mr. Kupi replied that the new home would be 7 feet closer to AlA and 71'6" back from the property line. He added that the pine trees would not be disturbed. Commissioner Orthwein complimented the design and questioned the similarity of the home to others in the area. Mr. Kupi stated that his is a two -story house and the roof is white flat cement tile. He pointed out that the other homes are one story and of a different design. There was no comment from the public. a. LEVEL 3 ARCHITECTURAL SITE PLAN REVIEW to permit the demolition of existing structures in 2 phases, (lat rear bedroom then main residence) and the construction of an 8,043 square foot Colonial Gulf Stream Bermuda style home with basement garage and a pool cabana. Commissioner Devitt moved and Commissioner Orthwein seconded to approve the Level III Architectural /Site Plan (in 2 phases) which includes demolition of an existing structure, based on a finding that the proposed two -story Colonial Gulf Stream - Bermuda style residence, basement garage, pool cabana and open covered porch meet the minimum intent of the Design Manual and applicable review standards with the following conditions: 1) FDOT driveway abutting permit must be obtained prior to commencement of second phase. 2) Gulf Stream Driveway Permit and removal agreement must be filed prior to issuance of a building permit. 3) PBC Health Department approval of the septic system shall be submitted prior to issuance of a building permit. 4) Charcoal -Beige color roof tile shall be changed to white. Roll Call: Comm. Devitt; AYE, Comm. Hopkins; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. b. SPECIAL EXCEPTION to permit the construction of open covered porches which exceed the FAR by 125 sq. ft. Commissioner Devitt moved and Commissioner Orthwein seconded to approve the Special Exception to permit the construction of an open covered porch which exceeds the FAR by 125 sq. ft. with the condition that prior to the issuance of a certificate of occupancy, the owner shall record a deed restriction requiring that 375 S.F. of open covered porch area shall forever remain unenclosed as long as the structure exists. Roll Call: Comm. Devitt; AYE, Comm. Hopkins; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. c. LAND CLEARING PERMIT to permit the removal of 1 melaluca tree and clear the building pad. Commissioner Devitt moved and Commissioner Orthwein seconded to approve the Land Clearing Permit to permit the removal of 1 melaluca tree and clear the building pad. Roll Call: Comm. Devitt; AYE, Comm. Hopkins; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. d. N. OCEAN BLVD. OVERLAY PERMIT to remove existing philodendron understory and install new plantings as shown in the landscape design. Commissioner Devitt moved and Commissioner Orthwein seconded to approve the N. Ocean Blvd. Overlay Permit to remove existing philodendron understory and install new plantings. Town Commission Regular Meeting & Public Hearing Page 4 July 10, 2003 Roll Call: Comm. Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. 3. 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. Town Clerk Taylor asked if there were any exparte communications to declare. Mayor Koch, Commissioners Lynch and Devitt disclosed that they had spoken with Mr. Pfeifler via telephone, a neighbor to the south who had concerns about the proposed renovation. Commissioners Orthwein and Hopkins said they had written correspondence from Mr. Pfeifler. Mark Marsh, displayed a site plan, elevation drawings and color renderings of the proposed improvement and explained that the existing building is a one bedroom non conforming structure with a belvedere on the roof that is accessed by an outside stairway on the north side and an open band shell on the west side. The proposed structure would be converted to a guesthouse containing the same square footage of 618 sq. ft. as presently exists and an entry area on the north end. A new hip roof would be added to match the existing home. Mr. Marsh stated that a Special Exception is being requested to extend a non - conforming wall in that the existing band shell is within the side setback. Town Clerk Taylor read the June 25, 2003 correspondence that was sent to all the Commissioners and staff from Mr. Pfeifler in its entirety, and it was made part of the record. Some of the concerns Mr. Pfeifler had were that the roof height of the new remodeling not be changed from that of the plans submitted at the June 9th ARPB meeting and that the height of the tower not exceed the existing roof height by more than 1 ft. Additionally, Mr. Pfeifler requested a buffer to be erected between the construction and his property line. Mr. Marsh stated that he had spoken with Mr. Pfeifler a number of times since the June 9th meeting and assured him that his privacy and property would be protected during construction and Mr. Pfeifler was pleased with the changes. Mr. Marsh assured the Commission that he would do everything possible prevent any damages to Mr. Pfeifer's property. There was no comment from the public. e. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the interior demolition of a small structure located in the southeast corner of the property, detached from the main house, and the construction of a 618 sq. ft. guesthouse within the existing walls and covered band shell of the Mediterranean Revival architectural style. Commissioner Devitt moved and Commissioner Orthwein seconded to approve the Level III Architectural /Site Plan based on a finding that the proposed Mediterranean style guest house, consisting of 618 sq. ft., meets the minimum intent of the Design Manual and applicable review standards, with the following conditions: Town Commission Regular Meeting & Public Hearing Page 5 July 10, 2003 1) PBC Health Department approval of the septic system shall be required prior to issuance of a building permit. 2) DEP coastal construction review and Letter of Intent to Issue a Permit for all construction seaward of the 1978 CCCL prior to the issuance of a building permit, along with a copy of approved construction drawings, including planting. 3) Care shall be taken to protect Mr. Pfeifler's property and a construction barrier shall be installed between properties. In the event there is any damage it shall be repaired/ replaced. 4) New roof shall not exceed existing roof height by more than 1 foot. Roll Call: Comm. Devitt; AYE, Comm. Hopkins; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. b. 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. Commissioner Devitt moved and Commissioner Orthwein seconded to approve a Special Exception to allow extending a nonconforming existing wall of the guesthouse into the south side yard setback based on a finding that the specific standards for review have been met. Roll Call: Comm. Devitt; AYE, Comm. Hopkins; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. 4. An application submitted by Digby Bridges, Marsh and Associates, agents for the 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. Town Clerk Taylor asked if there were any exparte communications to declare. There were none. The Town Clerk administered the Oath to Conrad DeSantis. Mark Marsh introduced Conrad DeSantis, attorney for the Gulf Stream School. Mr. DeSantis thanked the Commission for hearing him and said that the school building project was underway and the demolition of the library is about to start. He stated that since construction will continue into the next school year, it is necessary to provide a temporary facility to house the library material so that students will have access to it. For this reason, the school is requesting a variance to permit a temporary modular building. Mayor Koch questioned the safety of the structure and asked where the �) temporary modular building would be placed. Mr. DeSantis confirmed that the temporary modular building meets all the safety code requirements and said it would be placed at the north end of the athletic field. The Commission was concerned about the length of time the project would take. Mr. Marsh said the previous recommendation is for 12 months but he would update the Town in 6 months on the status of the project. There was no comment from the public. Town Commission Regular Meeting & Public Hearing Page 6 July 10, 2003 a. VARIANCE to allow a temporary modular building at the northwest area of the existing playing field totaling +/ -1,440 square feet, for relocation of the library book collection until such time that the new library is complete. Commissioner Orthwein moved and Commissioner Hopkins seconded to approve the Variance to allow a temporary modular building at the northwest area )lJ� of the existing playing field totaling +/ -1,440 square feet for relocation of the library book collection until such time that the library is complete. Roll Call: Comm. Devitt; AYE, Comm. Hopkins; AYE, Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. b. LEVEL 3 ARCHITECTYURAL /SITE PLAN REVIEW to permit the installation of a temporary modular structure. Commissioner Orthwein moved and Commissioner Hopkins seconded to approve the Level III Architectural /Site Plan for the installation of a temporary modular structure. Roll Call: Comm. Devitt; AYE, Comm. Hopkins; AYE Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. VII. Public Requests. F.P.& L. Easement Request -P.B. County Commissioner McCarty This Item was heard at this time, 9:45 A.M. Commissioner McCarty thanked the Commission for hearing this item for a third time and apologized for arriving late as well as for missing the previously scheduled meeting. The Commissioner explained that she was contacted by one of the residents who resides in L'Hermitage and was concerned about the pole with three transformers that was placed in her line of view. Commissioner McCarty stated that she had contacted FP & L and was told the pole was placed there for additional power to the generator that was installed by the Town. Commissioner McCarty said neither the County or the residents at L'Hermitage were contacted by FP & L about the installation. The Commissioner requested to relocate the transformers on the ground behind the town hall maintenance building, adding that the entire cost for the relocation would be allocated from her discretionary funds. She explained that the request to relocate the service is because the pole is unsightly and she believe Gulf Stream should be neighborly in granting this easement request as the transformers service the Town of Gulf Stream one hundred percent. With regards to the discretionary funds, Commissioner McCarty explained that each County Commissioner is allocated one million dollars per year of gas tax dollars which come from business in the County. The funds are not generally used in the Gulf Stream area in that there is no roadwork. This is why she is able to pay for the relocation of the pole from the discretionary fund. The Town Commission thanked Commissioner McCarty for explaining her position and decided that they could not make a decision at this time as they were in the process of considering future construction at the rear of the town hall property and the transformers might need to be relocated again. Town Commission Regular Meeting & Public Hearing Page 7 July 10, 2003 Attorney Randolph advised that this is the meeting subsequent to the meeting where this item was discussed and a Commissioner voting on the prevailing side could make a motion to reconsider request. Commissioner Devitt stated that he was not prepared to make a decision at this time. The Commission agreed to take no further action on this Citem until a decision had been made regarding proposed construction. J IX. Reports. A. Town Manager 5. Feral Cat Program Update Town Manager Thrasher reported that the feral cat program is status quo with no major changes in the TNR Program. The Town Manager added that the current trapping cycle yielded 4 kittens and 2 cats. Chief Ward added that subsequent to the last Commission meeting, there was a lawsuit filed against Florida Wildlife Commission by a large animal activist group regarding the position they took on the TNR Program. The Chief added that trappers are cautious in advertising any aggressive treatment. The Commission directed staff to contact various trappers for different opinions. Attorney Randolph added that the Town of Palm Beach is in the same situation as Gulf Stream, in that the TNR Program is not working effectively. 6. Residents Postal Address Town Manager Thrasher reported that he has receive a number of telephone calls from residents including, Commissioner Hopkins, who are concerned about correspondence they received from the US Postal Service which requires that Gulf Stream residents use Delray Beach as their mailing address. Mr. Thrasher advised that he has a scheduled meeting with the Post Master for further information and clarification. B. Architectural Review & Planning Board 1. Meeting Dates m. July 17, 2003 @ 8:30 A.M. n. September 25, 2003 @ 8:30 A.M. o. October 23, 2003 @ 8:30 A.M. p. November 20, 2003 @ 8:30 A.M. q. December 18, 2003 @ 8:30 A.M. Town Clerk Taylor announced these dates. C. Finance Director 1. Financial Report for June 2003 Town Manager Thrasher asked that his report be accepted as submitted if there were no questions, and there were none. Commissioner Orthwein moved and Commissioner Hopkins seconded to approve the Financial Report and all voted AYE at Roll Call. D. Police Chief 1. Activity for June 2003 Town Commission Regular Meeting & Public Hearing Page 8 July 10, 2003 Chief Ward asked that his report be accepted as submitted and added that Officer Gorel received an award from Palm Beach County (MADD) Mothers Against Drunk Driving at the organization's annual luncheon in West Palm Beach. The Chief informed that Lieutenant Allen and the business manager from the Gulf Stream School attended a training seminar on school security and safety, and Officers Schlosser and Ferguson attended a driver training class to deal with bike and car conflicts. X. Items for Commission Action. A. Appointment of an Alternate Member for ARPB The Commission agreed to table this item to the next meeting, as there were no candidates for appointment. B. Budget Presentation for Fiscal Year 2003 -2004 1.Budget Consideration Town Manager Thrasher referred to a letter and a proposed resolution from Commissioner Hopkins regarding the budget and asked if there were any questions or comments. Commissioner Hopkins explained that he is respecting the Sunshine Law, but he wanted the Commissioners to consider his perspective. The Commissioner believes the town should remain on the conservative side. Commissioner Hopkins asked Town Clerk Taylor to read the resolution and it was made a part of the record and attached hereto. Mayor Koch informed the Commission that they have all the information to set a proposed rolled back millage rate and suggested that they hold a special meeting to discuss the budget. Attorney Randolph reminded that the rolled back millage rate can be certified and then be lowered, but cannot be increased. Town Manager Thrasher is concerned that the public safety emergency response time is too long and part of his budget request is that a fire substation be constructed behind the maintenance building. The Town Manager requested that the Fire Chief from Delray appear to give an expert opinion on adding a fire substation. There were no objections to this. A Special Budget Meeting was scheduled on August 5, 2003 at 9:00 A.M. for further discussions. Commissioner Devitt moved and Commissioner Orthwein seconded to set the Proposed Millage for 2003 -2004 at 3.6377 and all voted AYE at Roll Call. 1. Certification of Rolled Back Millage Rate Commissioner Orthwein moved and Commissioner Hopkins seconded to Certify the Rolled Back Millage Rate at 3.6377 and all voted AYE at Roll Call. 2. Date of First Public Hearing Toward Budget Adoption Commissioner Orthwein moved and Commissioner Hopkins seconded to set the Date of First Public Hearing Toward Budget Adoption on September 10, 2003 at 5:01 P.M. and all voted AYE at Roll Call. 3. Date of Second Public Hearing for Final Budget Adoption Town Commission Regular Meeting & Public Hearing Page 9 July 10, 2003 Commissioner Orthwein moved and Commissioner Hopkins seconded to set the date of Second Public Hearing for Final Budget Adoption on September 23, 2003 at 5:01 P.M. and all voted AYE at Roll Call. Town Clerk Taylor suggested that the regular meeting on September 12th be changed to September 10th at 4:00 P.M., in that there is a budget hearing scheduled for the same day. There were no objections. Commissioner Devitt moved and Commissioner Hopkins seconded to change the September 12th regular meeting date to September 10th at 4:00 P.M. and all voted AYE at Roll Call. A. Items by Mayor and Commissioners. Commissioner Orthwein reported that she is still getting complaints from residents about the cyclists along AlA. The Commission agreed that there should be more enforcement of violators. Chief Ward said the police department is following up on a suggestion from Commissioner Devitt to locate and observe established bike paths and note if the same activity exists in the presence of an existing bike path. Mayor Koch added that the town purchased a video camera, which is being used to record cyclists and other violators along AlA. The Mayor directed that the police department contact other municipalities for suggestions regarding getting the cyclists„to obey the traffic laws. B. Grubbs Emergency Service Contract'. Town Manager Thrasher informed the Commission that he has received the renewal contract for hurricane cleanup from Grubbs Construction. The Town Attorney has reviewed the contract and made a few changes. The Town Manager asked the Commission for authorization to have Mayor Koch execute the contract after the changes had been made. Commissioner Orthwein moved and Commissioner Hopkins seconded to approve execution of the Grubbs Emergency Service Contract with the changes. Roll Call: Comm. Devitt; AYE, Comm. Hopkins; AYE Comm. Lynch; AYE, Comm. Orthwein; AYE, and Mayor Koch; AYE. XI. Public. There was no comment from the public. XII. Adjournment. Mayor Koch adjourned the meeting at 11:20 A.M. on a motion to do so made by Commissioner Lynch and seconded by Commissioner Hopkins with all voting in the affirmative.