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