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HomeMy Public PortalAbout04/08/2005MAYOR: 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 THE TOWN OF GULF STREAM ON FRIDAY, APRIL COMMISSION CHAMBERS OF THE TOWN HALL, 100 FLORIDA. AGENDA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. April 1, 2005 HELD BY THE TOWN COMMISSION OF 8, 2005 AT 9:00 A.M., IN THE SEA ROAD, GULF STREAM, IV. Minutes. A. Regular Meeting & Public Hearing 3 -11 -05 B. Certification of Election Results 3 -11 -05 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. May 13, 2005 @ 9 A.M. 2. June 10, 2005 @ 9 A.M. 3. July 8, 2005 @ 9 A.M. 4. August 12, 2005 @ 9 A.M. S. September 9, 2005 @ 9 A.M. 6. October 14, 2005 @ 9 A.M. VII. Reports. A. Town Manager 1. Police Department Staffing CB. Architectural Review & Planning Board 1. Meeting Dates a. April 21, 2005 @ 8:30 A.M. b. May 26, 2005 @ 8:30 A.M. c. June 23, 2005 @ 8:30 A.M. d. July 28, 2005 @ 8:30 A.M. e. September 22, 2005 @ 8:30 A.M. f. October 27, 2005 @ 8:30 A.M. C. Finance Director 1. Financial Report for March 2005 2. Bi- monthly Water Usage D. Police Chief 1. Activity for March 2005 VIII. 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. (2"d reading /adoption) AGENDA CONTINUED Page 2 B. Resolution No. 005 -03; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT MUNICIPALITIES IN THEIR QUEST TO PLACE OVERHEAD UTILITY LINES UNDERGROUND. C. Agreement to provide disaster recovery services D. Reorganization 1. Election of a Mayor 2. Election of a Vice Mayor 3. Appointment of 1 ARPB Member for a 3 year term E. 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 AND PUBLIC HEARING HELD BY COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, APRIL S, A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA STREAM, FLORIDA. I. Call to Order. THE TOWN 2005 AT 9:00 ROAD, GULF Mayor Koch called the meeting to order at 9 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 William A. Lynch Commissioner Absent with Notice:Fred B. Devitt III Commissioner Robert W. Hopkins II Commissioner Also Present and William Thrasher Town Manager Participating: Rita Taylor Town Clerk Garrett Ward Police Chief IV. Minutes. A. Regular Meeting & Public Hearing 3 -11 -05 B. Certification of Election Results 3 -11 -05 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 Manager Thrasher requested to add Item VIII.F. Purchase of Above Ground Diesel Storage Unit. There were no objections. VI. Announcements. A. Regular Meetings and Public Hearings 1. May 13, 2005 @ 9 A.M. 2. June 10, 2005 @ 9 A.M. 3. July S, 2005 @ 9 A.M. 4. August 12, 2005 @ 9 A.M. 5. September 9, 2005 @ 9 A.M. 6. October 14, 2005 @ 9 A.M. Mayor Koch announced these dates. VII. Reports. O A. Town Manager 1. Police Department Staffing Town Manager Thrasher advised that in order to increase the level of service to the town residents, he is recommending that two additional police officers be hired. Chief Ward added that there have been a number of burglaries in the past year and that Gulf Stream is the only coastal community that has a jurisdiction on the west side of the intracoastal, which is an additional staffing challenge. The Chief was in favor of more police visibility on both sides of the community. Regular Meeting & Public Hearing Page 2 Town Commission April 8, 2005 Mayor Koch stated that he did not believe that more officers are needed. He acknowledged that the police department does a good job and the town residents should be more diligent in securing their properties. Commissioner Lynch agreed that more police visibility is needed on the west side. C) Commissioner Orthwein requested that more information be obtained regarding officer /resident ratio in towns of similar size. The Commissioners agreed that this item be considered during the new budget year discussions. B. Architectural Review & Planning Board 1. Meeting Dates a. April 21, 2005 @ 8:30 A.M. b. May 26, 2005 @ 8:30 A.M. c. June 23, 2005 @ 8:30 A.M. d. July 28, 2005 @ 8:30 A.M. e. September 22, 2005 @ 8:30 A.M. f. October 27, 2005 @ 8:30 A.M. Mayor Koch announced these dates. C. Finance Director 1. Financial Report for March 2005 Mr. Thrasher asked that the report be accepted as submitted if there were no questions. The Mayor asked if the town's financial condition is in line with the budget. Mr. Thrasher said it is difficult to get a correct figure at this time of the year in that there are items that are still outstanding, but, in his opinion, the town is on track with the budget. He added that interest earnings are increasing and the year to date net revenue is a positive $905,000. The Town Manager stated that FEMA has been slow in reimbursing the town for the previous hurricane damage. Mayor Koch questioned the expenditure for a meter change on Little Club Road. Mr. Thrasher explained that it is for a water meter replacement for an individual. OCommissioner Lynch questioned the $15,500 for drainage pipe repair in Place Au Soleil. The Town Manager explained that a sinkhole appeared on one of the resident's property due to a break in the storm drain, attributed to the age of the pipe. The town had to video tape the area and repair the pipe at a total cost of $16,540.00. The Town manager stated that that the pipes generally last 20 years and budget plans should be made to video, inventory and assess all the storm drainage in Place Au Soleil to plan future maintenance. Commissioner Orthwein moved and Commissioner Lynch seconded to approve the financial report. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. Regular Meeting & Public Hearing Page 3 Town Commission April 8, 2005 2. Bi- monthly Water Usage This item was made a part of the official record. D. Police Chief 1. Activity for March 2005 Chief Ward asked that the report be accepted as submitted, if there were no questions, and there were none. C) VIII. 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) Town Clerk Taylor read Ordinance 05/1 by title. Mayor Koch asked it there were any questions. Commissioner Orthwein asked if something more could be done about the decibel level. Town Manager Thrasher believed all has been done with the decibel level that can be. He commented that if the generator is placed as far from the building as possible with a deflecter installed so the noise goes upward, the noise would be reduced even more. There was no comment from the public. Commissioner Lynch moved and Commissioner Orthwein seconded to approve Ordinance 05 /1. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. B. Resolution No. 005 -03; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT MUNICIPALITIES IN THEIR QUEST TO PLACE OVERHEAD UTILITY LINES UNDERGROUND. Town Clerk Taylor read Ordinance 05 /1 by title. Commissioner Orthwein moved and Commissioner Lynch seconded to approve Resolution 005 -03. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. C. Agreement to provide disaster recovery services Town Manager Thrasher explained that the town and Grubbs Environmental Services mutually decided to discontinue the agreement for debris removal service shortly after the past hurricanes. It is possible for the town to piggyback the City of Boca Raton debris removal contract that they have with AshBritt, Incorporated. The contract will provide for various services and equipment required after a disaster. The Town Manager stated that he did not believe the town would receive the same service as it did in the past and, furthermore, FEMA will not reimburse Regular Meeting & Public Hearing Town Commission Page 4 April 8, 2005 the town for debris pickup on private roads. The Town Manager recommended that the Commission approve proceeding with the contract and authorize the Mayor to execute the agreement after Attorney Randolph reviews and approves the contract. Mayor Koch directed staff to compose a letter to residents informing them of what to expect and what will and will not be picked up after a 0 disaster. Commissioner Orthwein moved and Commissioner proceeding with the contract and to authorize agreement provided Attorney Randolph reviews Roll Call: Comm. Orthwein; AYE, Comm. Lynch; D. Reorganization 1. Election of a Mayor Commissioner Orthwein nominated William Koch other nominations. Lynch seconded to approve the Mayor to execute the and approves the contract. AYE and Mayor Koch; AYE. for Mayor. There were no Commissioner Orthwein moved and Commissioner Lynch seconded to elect Mayor Koch for another term. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. 2. Election of a Vice Mayor Commissioner Lynch nominated Joan Orthwein for Vice Mayor and there were no other nominations. Commissioner Lynch moved and Mayor Koch seconded to elect Commissioner Orthwein as Vice Mayor. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. 3. Appointment of 1 ARPB Member for a 3 year term Town Clerk Taylor explained that Mr. Kent's term on the ARPB is expiring and he is eligible to sit for one more three -year term. Commissioner Lynch moved and Commissioner Orthwein seconded to reappoint Hewlett Kent as a member of the ARPB. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. E. Items by Mayor and Commissioners Mayor Koch asked about the status on the feral cats. The Town Manager reported that the town is still trapping and he would have a report for the next meeting. Also, Mr. Thrasher requested that a C discussion be held at the next meeting on replacing the generator for the police department. F. Purchase of Above Ground Diesel Storage Unit. Town Manager Thrasher reported that during the past hurricanes, it was difficult getting fuel from the Little Club. Mr. Thrasher recommended purchasing an above ground diesel storage unit. The unit would be self - contained for overspill requirements. It would be located on a concrete slab in front of the generator with above ground mounting and would be fully screened from view. Mr. Thrasher stated that he is familiar with the Convault brand and he is requesting $9517.85 from unappropriated funds to purchase a 500 - gallon storage unit. Regular Meeting & Public Hearing Town Commission Page 5 April 8, 2005 Mayor Koch stressed that the storage tank must meet the state requirements. Commissioner Orthwein moved and Commissioner Lynch seconded to approve $9517.85 from unappropriated funds to purchase a certified 500- gallon diesel fuel storage unit. Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE and Mayor Koch; AYE. IX. Public. There was no comment from the public. X. Adjournment. Mayor Koch adjourned the meeting at 9:55 A.M. ffC Y onne E. Eckert, CMC Deputy 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 May 19, 2005 at 8:30 A.M., and the Town Commission will hold a Public Hearing on June 10, 2005 at 9:00 A.M., both in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, L i Florida, at which the following will be considered: An application submitted by Dan Carter of Carter & Associates Landscape Architects, Inc., agent for Anthony Pugliese III, owner of the property located at 3145 N. Ocean Blvd, Gulf Stream, Florida, legally described in metes and bounds in Government Lot 2, Section 3, Township 46 South, Range 43 East, for the following: VARIANCE 1. To permit construction of an entrance feature (including an arch, gates, wall columns and gas lanterns) which exceeds the maximum permitted (8 foot high) as provided in Section 70 -187 Paragraph 4 and Section 70 -187 Paragraph 5. of the Code of Ordinances. VARIANCE 2. To install fountain /statuary that encroaches 20' into the required 30' front accessory setback as provided in Section 70 -74 and also does not conform to the provisions of Section 70 -268 of the Code of Ordinances which prohibits statuary that is visible from the street. NORTH OCEAN BLVD. OVERLAY PERMIT. To construct an entrance feature, gates, fountain /statuary and pagoda, and re- landscape the area. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW requesting approval for construction of an entrance feature, gates, fountain/ statuary and pagoda and approval of landscaping as proposed for the area. 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 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 2, 2005 Publish: Palm Beach Post May 9, 2005 May 26, 2005 June 4, 2005 TOWN OF GULF ST FLORIDA Rita L. Taylor, ToWV Clerk THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida I PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Scott Lotts, who on oath says that he is Classified Advertising Manager 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 fora Notice in the matter of Development Approval was published in said newspaper in the issues of May 9. 26_ & June 4 2005. 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, co ssion or refund for the purpose of securing this advertisement for publication in the newspaper. Sworn to and subscribed before 6'" day of June, �fJ�. 2005 Personally known 2a or Produced Identification Type of Identification Produced :p1Ppy.. ., Karen M. 3.1dinton . Commission €DD359566 Na•, ; a= Espires; NOV 15, 2008 %'For R°c` Bonded Thra �nnu� Allende Bonding Co., Ina