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HomeMy Public PortalAbout03/11/2005-1 March 4, 2005 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 FRIDAY, MARCH 11, 2005 AT 11:00 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 February 11, 2005. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. April 8, 2005 @ 9 A.M. 2. May 13, 2005 @ 9 A.M. 3. June 10, 2005 @ 9 A.M. 4. July 8, 2005 @ 9 A.M. 5. August 12, 2005 @ 9 A.M. 6. September 9, 2005 @ 9 A.M. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Jack Potrekus, T &M Design, as Agent for Mr. & Mrs. Robert M. Miller, the owners of property located at 960 Emerald Row, Gulf Stream, Florida, which is legally described as Lot 59, Place Au Soleil Subdivision. a. SPECIAL EXCEPTION to permit a second story addition consisting of 954 square feet over an existing garage that encroaches 5 feet into the rear setback. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit a single story addition, approximately 550 square feet, to the existing garage; to convert a portion of the existing garage to first floor living area; and to add a second story master bedroom suite above the existing garage of a partial two story Mediterranean Revival style dwelling. VIII. Reports. A. Town Manager 1. Proposed policy: Compensating exempt employees for extra time worked during emergencies. B. Architectural Review & Planning Board 1. Meeting Dates a. March 24, 2005 @ 8:30 A.M. b. April 21, 2005 @ 8:30 A.M. C. May 26, 2005 @ 8:30 A.M. d. June 23, 2005 @ 8:30 A.M. e. July 28, 2005 @ 8:30 A.M. C. Finance Director 1. Financial Report for February 2005 AGENDA CONTINUED Page 2 D. Police Chief 1. Activity for February 2005 O IX. Items for Commission Action. A. Ordinance 05/1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 22, NUISANCES, ARTICLE III, NOISE, BY INCLUDING A NEW DIVISION 3 TITLED NOISE ABATEMENT AND CONTROL FOR GENERATORS, INCLUDING SECTIONS RELATING TO DECLARATION OF POLICY, DEFINITIONS, REGULATIONS, HOURS OF OPERATION, LOCATION /SCREENING, NOISE REDUCTION AND PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. (2nd reading /adoption) B. Resolution 005 -02; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, REQUESTING A CHANGE IN THE REQUEST FOR A PORTION OF THE COUNTY EMERGENCY MEDICAL SERVICE GRANT AWARD PROGRAM FUNDS FOR 2004 -2005 FOR THE CITY OF DELRAY BEACH, FLORIDA. C. Interlocal Agreement Between Palm Beach County and the Town of Gulf Stream Agreeing to Cooperate with the County for the purpose of implementing the Community Development Block Grant and Home Programs. D. Presentation of Audit for 2003 /2004 - Michael Sothen E. Items by Mayor and Commissioners. X. Correspondence. A. Request for support from Town of Palm Beach; Resolution # 17- 05; A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Urging Members Of The Florida Legislature To Support Municipalities In Their Quest To Place Overhead Utility Lines Underground. 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 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 11, 2005 AT 11:00 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 11 A.M. II. Pledge of Allegiance. The Pledge of Allegiance was led by the Mayor. III. Roll Call. Present and William F. Koch, Jr. Mayor Participating: Joan K. Orthwein Vice Mayor Fred B. Devitt III Commissioner William A. Lynch Commissioner Absent with Notice: Robert W. Hopkins II Commissioner Also Present and William Thrasher Town Manager Participating: Rita Taylor Town Clerk Garrett Ward Police Chief John Randolph Town Attorney Jack Potrekus Agent for Millers IV. Minutes of the Regular Meeting of February 11, 2005. Commissioner Lynch moved and Commissioner Orthwein seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Town Clerk Taylor requested that Item.IX.D., be heard after the Public Hearing. The Clerk requested to add Item.XI.F.- Reappointment of Special Master. There were no objections. VI. Announcements. A. Regular Meetings and Public Hearings 1. April 8, 2005 @ 9 A.M. 2. May 13, 2005 @ 9 A.M. 3. June 10, 2005 @ 9 A.M. 4. July 8, 2005 @ 9 A.M. 5. August 12, 2005 @ 9 A.M. 6. September 9, 2005 @ 9 A.M. Town Clerk Taylor announced these dates. The Town Clerk asked that all persons who intended to speak please stand to take the Oath. Town Clerk Taylor administered the Oath to Mr. Potrekus. There were no ex -parte communications declared. VII. PUBLIC HEARING. A. Applications for Development Approval 1. An application submitted by Jack Potrekus, T &M Design, as Agent for Mr. & Mrs. Robert M. Miller, the owners of property located at 960 Emerald Row, Gulf Stream, Regular Meeting & Public Hearing Town Commission Page 2 March 11, 2005 Florida, which is legally described as Lot 59, Place Au Soleil Subdivision. Mr. Potrekus displayed a site plan. Mayor Koch asked what the decision of the ARPB was. Town Manager Thrasher advised that the ARPB unanimously recommended approval of the Special Exception and the Level 3 Architectural /Site Plan Review. OThere were no comments. a. SPECIAL EXCEPTION to permit a second story addition consisting of 954 square feet over an existing garage that encroaches 5 feet into the rear setback. Commissioner Devitt moved and Commissioner Lynch seconded to approve a special exception to allow the addition to a dwelling with a non- conforming rear setback. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit a single story addition, approximately 550 square feet, to the existing garage; to convert a portion of the existing garage to first floor living area; and to add a second story master bedroom suite above the existing garage of a partial two story Mediterranean Revival style dwelling. Commissioner Lynch moved and Commissioner Devitt seconded to approve a Level 3 Architectural /Site plan based on a finding that the proposed second story addition over an existing garage and extension of existing garage, a total of 954 sq. ft., meets the minimum intent of the Design Manual and applicable review standards. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. IX. D. Presentation of Audit for 2003 /2004 - Michael Sothen Mike Sothen, auditor from Nowlen, Holt & Miner, P.A., presented the audit report and explained that the audit was conducted in accordance with the U.S. Government Auditing Standards. Mr. Sothen was pleased to announce that the Town received a clean opinion, which, according to the U.S. Government Auditing Standards, is the best opinion that could be obtained. With regard to internal control over financial reporting and compliance, there were no weaknesses found. Town Manager Thrasher commended the town accountant, Linda Harvel, on her help with the audit. Cl Commissioner Lynch moved and Commissioner Orthwein seconded to approve the audit for fiscal year 2003/2004. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. VIII. Reports. A. Town Manager 1. Proposed policy: Compensating exempt employees for extra time worked during emergencies. Town Manager Thrasher reminded that he was directed to prepare a policy to compensate exempt employees who must work unusually long hours during Regular Meeting & Public Hearing Page 3 Town Commission March 11, 2005 emergencies. Mr. Thrasher proposed that exempt employees be compensated for the extra hours worked at their regular rate of salary. The Town Manager added that FEMA would not reimburse the Town if the only reason were for reimbursement. The Commission discussed the policy and agreed that exempt employees be compensated for the extra hours worked during emergencies, at their Qregular rate of salary. Commissioner Lynch moved and Commissioner Orthwein seconded to approve the proposed policy to compensate exempt employees for the extra hours worked during emergencies, at their regular rate of salary. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. B. Architectural Review & Planning Board 1. Meeting Dates a. March 24, 2005 @ 8:30 A.M. b. April 21, 2005 @ 8:30 A.M. c. May 26, 2005 @ 8:30 A.M. d. June 23, 2005 @ 8:30 A.M. e. July 28, 2005 @ 8:30 A.M. Town Manager Thrasher announced these dates. C. Finance Director 1. Financial Report for Mr. Thrasher asked that the report were no questions. February 2005 be accepted as submitted, if there Mayor Koch questioned the $4,995.81 for system R /M, the $31 for advertising and the field visit charges. The Town Manager explained that the system R/M is for general repair and maintenance on the waterline. The advertising charge is for the phone listing with Bell South and the field visit charges are to cover costs for the Town's utility contractor, Earl Harvel, to check for leaks and drainage that could impact the Town. Mr. Thrasher added that he has gotten free fill from Briny Breezes and will.get free fill from the Town of Ocean Ridge. Commissioner Lynch questioned the payroll transfer of $19,518.72. Mr. Thrasher explained that the Town has two accounts, an operating and Oa payroll account. The payroll transfer from the operating account is to cover the net amount of the payroll checks. Commissioner Orthwein asked if there have been any changes in banking now that Pointe Bank has changed to Mercantile Bank. The Town Manager stated that the rating is checked quarterly and currently the rating is still high. Commissioner Lynch moved and Commissioner Orthwein seconded to approve the financial report. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. Regular Meeting & Public Hearing Town Commission Page 4 March 11, 2005 D. Police Chief 1. Activity for February 2005 Chief Ward asked that the report be accepted as submitted, if there were no questions. The Chief reported that the emergency notification system has been reduced from $3,500 to $1,500. He added that he has been in contact with the vendor that produces this system and there would be no additional work on the Town's part. Chief Ward stated that he has O forwarded the interlocal agreement with the County to Attorney Randolph. The attorney made some changes to the agreement and it was sent back to the County for review. Chief Ward added that he has gotten the cost for the in car video cameras. The total price for two cameras is $14,700 of which, the Civic Association agreed to contribute $10,000. He requested $5,000 be allocated for the balance. Mayor Koch asked if the cameras are interchangeable in police cars. The Chief stated yes, and that the procedure takes about 15 minutes. Commissioner Lynch moved and Commissioner Orthwein seconded to allocate $5,000 to be taken from unappropriated funds for in car video cameras. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. Commissioner Lynch asked if the crime rates are any different on the barrier island compared to Place Au Soleil. The Chief stated that studies have shown that property crimes are more on the east side. The crimes on the west are of a different nature in that they are being performed by local street thugs. Town Manager Thrasher requested to open a discussion regarding the hiring of two additional officers. The Commissioners were not in favor of discussing the matter at this time. IX. Items for Commission Action. A. Ordinance 05 /1; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 22, NUISANCES, ARTICLE III, NOISE, BY INCLUDING A NEW DIVISION 3 TITLED NOISE ABATEMENT AND CONTROL FOR GENERATORS, G INCLUDING SECTIONS RELATING TO DECLARATION OF POLICY, DEFINITIONS, REGULATIONS, HOURS OF OPERATION, LOCATION /SCREENING, NOISE REDUCTION AND PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. (2nd reading /adoption) Town Clerk Taylor read Ordinance 05 /1 by title. Attorney Randolph pointed out a mistake in Section 22- 81(a), and he suggested that the language be changed to "reduce the noise to a level not to exceed 66dB(A)" or less. Regular Meeting & Public Hearing Page 5 Town Commission March 11, 2005 Wendy Overton, a resident, stated that she has contracted with a generator company to install a generator. Ms. Overton stressed that it is impossible to meet the Town's decibel level of 66dB(A). She stated the generator would go on only during an emergency. Mayor Koch explained that the reason the Town has to regulate the decibel level is because more generators are being installed and a decibel rating Omust be clear. Mr. Frank, of Personalized Power Systems, advised that the State of Florida and Palm Beach County decibel rate is 72dB(A) . He explained that it is difficult to get a generator company to certify a generator decibel level at 66dB(A) . He stated that the generators would test once per week for fifteen minutes. Mr. Frank stated that it would be very costly to the town residents to install a generator with a custom cover and certification of a lower decibel level. Commissioner Devitt stated that he has always been in favor of a higher decibel level. Commissioner Devitt moved and Commissioner Lynch seconded to approve on first reading, Ordinance 05 /1 changing the decibel level from 66dB(A) to 72dB(A), and in Section 22 -80 changing the decibel level from 55dB(A) to 66dB(A) . Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. At 12:00 Noon Mayor Koch called a recess. At 12:05 P.M., Mayor Koch called the meeting to order. B. Resolution 005 -02; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, REQUESTING A CHANGE IN THE REQUEST FOR A PORTION OF THE COUNTY EMERGENCY MEDICAL SERVICE GRANT AWARD PROGRAM FUNDS FOR 2004 -2005 FOR THE CITY OF DELRAY BEACH, FLORIDA. Town Clerk Taylor read Resolution 005 -02 by title. The Town Clerk explained that this is an annual resolution naming the City of Delray Beach to utilize the Town of Gulf Stream's portion of the Emergency Medical Services Funds for the purpose of improving the EMS delivery system in Delray and Gulf Stream for fiscal year 2004 -2005. O Commissioner Devitt moved and Commissioner Lynch seconded to approve Resolution 005 -02. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. C. Interlocal Agreement Between Palm Beach County and the Town of Gulf Stream Agreeing to Cooperate with the County for the purpose of implementing the Community Development Block Grant and Home Programs. Town Clerk Taylor explained that this is a three year agreement which allows Palm Beach County to use the Gulf Stream population count to help the County meet their quota to receive the funding for Community Development Block Grant and Home Programs. The Clerk added the Town originally did not participate in this program but has participated WN Regular Meeting & Public Hearing Page 6 Town Commission March 11, 2005 for several years. She advised there is a section in the comprehensive plan that addresses low cost housing and by entering into the interlocal agreement, this would fulfill the obligation. Commissioner Orthwein moved and Commissioner Devitt seconded to approve the Interlocal Agreement Between Palm Beach County and the Town of Gulf Stream agreeing to cooperate with the County for the purpose of implementing the Community Development Block Grant and Home Programs. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. E. Items by Mayor and Commissioners. There were none. D. Reappointment of Special Master. Town Clerk Taylor explained that the Town's Special Master agreement with Glen Torcivia & Associates, P.A., has expired. The law firm has agreed to continue to serve the Town at a cost of $145 per hour for another two years. Staff recommends that the law firm of Glen Torcivia & associates, P.A., be reappointed for another two years. Commissioner Orthwein moved and Commissioner Devitt seconded to approve reappointing the law firm of Glen Torcivia & associates, P.A., for another two years at a cost of $145 per hour. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. X. Correspondence. A. Request for support from Town of Palm Beach; Resolution # 17- 05; A Resolution of the Town Council of the Town of Palm Beach, Palm Beach County, Florida, Urging Members Of The Florida Legislature To Support Municipalities In Their Quest To Place Overhead Utility Lines Underground. Mayor Koch commented that it is more difficult to repair underground line. The Commissioners agreed to support the resolution. The Commission directed staff to prepare a resolution supporting municipalities in their quest to place overhead utility lines underground XI. Public. There was no comments from the public. XII. Adjournment. Mayor Koch adjourned the meeting at 12:15. P.M. Yv ne E. Eckert, CMC De ty Town Clerk