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
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