HomeMy Public PortalAbout10/14/2005October 7, 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, OCTOBER 14, 2005 AT 9:00 A.M., IN THE
r 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.
A. Regular Meeting of September 9, 2005
B. Public Hearing of September 9, 2005 (Budget)
C. Public Hearing of September 21, 2005 (Budget)
V. Public Requests.
A. Introduction of Student Council of Gulf Stream School
VI. Additions, withdrawals, deferrals, arrangement of agenda items.
VII. Announcements.
A. Regular Meetings and Public Hearings
1. November 4, 2005 @ 9 A.M.
2. December 9, 2005 @ 9 A.M.
3. January 13, 2006 @ 9 A.M.
4. February 10, 2006 @ 9 A.M.
5. March 10, 2006 @ 9 A.M.
VIII. Reports.
A. Town Manager
1. Opposing National Video Franchising
B. Architectural Review & Planning Board
1. Meeting Dates
a. October 27, 2005 @ 8:30 A.M.
�I b. November to be decided
c. December 22, 2005 @ 8:30 A.M.
d. January 26, 2006 @ 8:30 A.M.
C. Finance Director
1. Financial Report for September 2005
2. Bi- monthly water usage
D. Police Chief
1. Activity for September 2005
IX. Items for Commission Action.
A. Items by Mayor and Commissioners.
1. Review of Little Club Agreement -Mayor Koch
2. Review Code RE: permitted roofing materials -Mayor Koch
X. Correspondence.
A. Palm Beach County Legislative Delegation Schedule
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, OCTOBER 14, 2005 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 the
Mayor.
0
III. Roll Call.
Present and
William
F. Koch, Jr.
Mayor
Participating:
Joan K.
Orthwein
Vice Mayor
Robert W. Hopkins II
Commissioner
William
A. Lynch
Commissioner
Absent with
Notice:
Fred B.
Devitt III
Commissioner
Also Present and William Thrasher Town Manager
Participating:John Randolph Town Attorney
Rita Taylor Town Clerk
Garrett Ward Police Chief
IV. Minutes.
A. Regular Meeting of September 9, 2005
B. Public Hearing of September 9, 2005 (Budget)
C. Public Hearing of September 21, 2005 (Budget)
Commissioner Hopkins moved and Commissioner Lynch seconded that the
minutes of each of these meetings be approved as circulated and all
voted AYE.
V. Public Requests.
A. Introduction of
The introductions were made
VI. Addi
Student Council of Gulf Stream School
later in the meeting.
The Town Manager requ
Place Au Soleil Association.
deferrals, arrangement of
ed to add Item IX.A.3., a
VII. Announcements.
A. Regular Meetings and Public Hearings
1. November 4, 2005 @ 9 A.M.
C 2. December 9, 2005 @ 9 A.M.
3. January 13, 2006 W 9 A.M.
4. February 10, 2006 Q 9 A.M.
5. March 10, 2006 @ 9 A.M.
Mayor Koch announced these dates.
VIII. Reports.
i
A. Town Manager
1. Opposing National Video Franchising
Town Manager Thrasher called attention to a letter from Town of Palm
Beach requesting that Gulf Stream join them and other municipalities in
Minutes of Regular Meeting of
Town Commission - October 14, 2005
page 2
opposing U.S. Senate Bills 1504 and 1349 and House Bill 3146 which would
bring about nationalizing video franchising. He pointed out that this
is another erosion of Home Rule and would limit the benefits of head -to-
head competition to a chosen few, remove the law that ensures cell phone
towers (and all other towers) are subject to local zoning laws, and be
detrimental to our residents in other areas as well. Commissioner
Orthwein moved and Commissioner Hopkins seconded that a letter of
4 ) support be prepared over the Mayor's signature and that the Civic
Association be asked to contact legislators and oppose these bills.
Roll Call: Comm. Orthwein; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE
and Mayor Koch; AYE.
Mr. Joe Zaluski, Head of School at the Gulf Stream School, arrived with
members of the Gulf Stream School Student Council during the
presentation and discussion of this item and at the request of
Commissioner Orthwein, the Town Manager explained the definition of
"Home Rule" for the benefit of the students.
The Commissioners and staff introduced themselves to the students and
the students then came to the podium, one at a time, and introduced
themselves to the Commission as follows:
5th Grade; Reid McCool, Class President - Resides in Gulf Stream
Clay Fender, Vice President - Resides in Gulf Stream
David Sweetapple, Class President - Resides in Boca Raton
Katherine Ladner, Vice President - Resides in Gulf Stream
6th Grade; Tucker Byrne, President - Resides in Atlantis
Ali O'Connor, President - Resides in Gulf Stream
7th Grade; Ryan Larsen, President - Resides in Delray Beach
Jackson Payne, Vice President - Resides in Manalapan
8th Grade; Andrew Mack, Business Manager - Resides in Palm Beach
Chandelle Heffner, Business Manager - Resides in Lantana
Chase Orthwein, Business Manager- Resides in Gulf Stream
Brittany Arkerson, Secretary - Resides in Boynton Beach
Kaytrina Johnson Co- President - Resides in Lake Worth
Ryan Logan, Co- President - Resides in Ocean Ridge
Michael Davis, Vice President - Resides in Boca Raton
B. Architectural Review & Planning Board
1. Meeting Dates
a. October 27, 2005 @ 8:30 A.M.
b. November to be decided
c. December 22, 2005 @ 8:30 A.M.
d. January 26, 2006 @ 8:30 A.M.
Mayor Koch called attention to these dates.
C. Finance Director
1. Financial Report for September 2005
Mr. Thrasher asked that the report be accepted as submitted, if there
were no questions, and there were none.
Minutes of Regular Meeting of
Town Commission - October 14, 2005
page 3
Commissioner Orthwein moved and Commissioner Hopkins seconded that the
report be approved as circulated and all voted AYE.
1. Bi- monthly water usage
There were no questions regarding the water usage report.
D. Police Chief
1. Activity for September 2005
Chief Ward advised that last week 4 unlocked cars in the Core Area were
Ci entered and credit cards, debit cards and cash were taken. He further
advised that two officers were on foot patrol in that area during the
night these incidents occurred and their presence most likely prevented
additional thefts. Other cars were checked and 21 vehicles were found
with unlocked doors and 12 in Place Au Soleil. The officer knocked on
the doors of the homes where the unlocked vehicles were parked and
encouraged the residents to be responsible for their property in the
future. He closed by advising that the officers would be continuing to
check vehicles from time to time and would contact the residents.
IX. Items for Commission Action.
A. Items by Mayor and Commissioners.
1. Review of Little Club Agreement -Mayor Koch
Mayor Koch reminded that this agreement includes a provision that in the
event the drainage conditions should change, the agreement could be
revisited. He further reminded that there is also a provision for the
Town to review the expenditures that the Club makes on the system. The
Mayor suggested that first the Town ask to review the expenditures. He
noted that since the Town has installed the drainage pumps, the Little
Club system is rarely utilized. It was, however, acknowledged that the
golf course is recognized as a retention area in the permitting process
with the South Florida Water Management District. The Town Manager was
directed to ask the Club for an accounting of the expenditures.
2. Review Code RE: permitted roofing materials -Mayor Koch
The Mayor expressed concern that due to a shortage of cement tile, roofs
with only tarpaper covering are exposed over long periods of time. He
noted that the tarpaper is beginning to curl from long exposure to the
elements. He believed that other types of roofing material, such as
metal roofs, should be considered, which would require a code change.
Commissioners Hopkins and Orthwein were opposed to metal roofs and
believed this shortage to be a short -term problem.
C) 3. A request for assistance from Place Au Soleil Assoc.
Mayor Koch explained that there is a mixed use, commercial and
residential, development that is being proposed for construction
adjacent to the west boundary line of Place Au Soleil, fronting on
Federal Highway in Delray Beach. The preliminary sketch indicates a
portion of it would be 4 stories, even though it is being described as
three stories and a loft. He further explained the maximum height in
the Delray Code is three stories and that some of the residents in Place
Au Soleil are opposed to four story structures in this area. He asked
the Town Clerk to read the letter into the record which stated that a
motion was passed by the Board to make a formal request to the town on
behalf of the residents of Place Au Soleil requesting assistance at
Minutes of Regular Meeting of
Town Commission - October 14, 2005 page 4
every level possible to ensure the potentially negative impact of this
development is kept to a minimum. The letter further requested that the
town officials work with their counterparts in Delray Beach to bring the
interests and concerns to the fore, and assured that residents of Place
Au Soleil will attend public meetings to convey their concerns. The
letter closed by stating that the letter acts as both a formal
Onotification of their wishes and authority to act on their behalf.
Mr. Bruce Anderson, a member of the Board of Directors of the Place Au
Soleil Association, was recognized and stated that residents are very
concerned about this proposed project and they believed that the Town is
in a better position to deal with the City of Delray Beach than they
are. He believed it is important to become involved from the beginning.
Town Manager Thrasher advised he had placed several calls to the
Planning Director in Delray to discuss this and obtain more information
about the Delray Code and what approvals would be needed for such a
project, but had been unable to make contact as yet.
Mayor Koch observed that while this project would have 400' frontage, if
4 story buildings were permitted, it is reasonable to assume the entire
area fronting Federal Highway will develop as 4 stories. He directed
that the Town Manager write to the Planning Director in Delray in
addition to continuing to try to contact him by phone so as to be on
record in this matter.
Mayor Koch then called attention to a news article reporting that
several cities in Palm Beach County had received a portion of the total
of $43 million from the South Florida Management District to find
alternative sources of water. He asked the Town Manager what the Town
would have to do in order to qualify for funding for a municipal water
utility. He reminded that the Commission had directed that contact be
made with the Gulf Stream Golf Club to explore the feasibility of the
Club and the Town joining together in this endeavor.
Mr. Thrasher reported that the type of funding reported in the news
article is restricted to the actual construction. He advised it would
be necessary for the Town to fund the cost to bring the project to
construction, and that funding is usually about 40 %. He further advised
that a very preliminary estimate to bring such a project to construction
is $150,000.
Mayor Koch stated that this can be broken into phases and it is not
necessary to plan for the entire amount up front. He further stated
that he has had some preliminary discussions with the President of the
Club as was directed at the last meeting and he will continue to pursue
this possibility.
Commissioner Orthwein moved and Commissioner Lynch seconded that $50,000
be authorized for engineering and that it be taken from the
unappropriated funds. All voted AYE at Roll Call.
Minutes of Regular Meeting of
Town Commission - October 14, 2005
page 5
X. Correspondence.
A. Palm Beach County Legislative Delegation Schedule
Town Manager Thrasher called attention to the dates of the four
remaining Public Hearings to be held by the Palm Beach County
Legislative Delegation. He reported that he had been appointed to the
Municipal Home Rule Committee of the Palm Beach County League of Cities.
He advised that the committee is working toward preparation of a local
�) bill in relation to level of service mandates to present to the
Legislative Delegation at one of these hearings. He further advised
that it may not be possible to have one ready in time but there have
been several legislators offering to sponsor such a bill. He stated
that the committee would be working toward protecting and strengthening
Home Rule. He requested that the Town be represented at these hearings
by elected officials to become acquainted with the delegation in advance
of presentation of a bill. Mr. Thrasher added that if the Commissioners
were unable to attend, he would be pleased to do so.
XI. Public. There was no comment from the public.
Commissioner Hopkins announced that he would be resigning from
the Commission effective immediately. He stated that he had very much
enjoyed serving the Town but will be moving from Gulf Stream.
Mayor Koch and the other Commissioners expressed their appreciation
for his service and regrets for his departure. Mayor Koch, on behalf of
the Town and himself, stated he would be greatly missed.
Mayor Koch directed the Town Clerk to arrange for a special meeting on
October 21, 2005 at 9 A.M., or as soon as possible thereafter, for the
purpose of appointing a Town Commissioner.
XII. Adjournment. Mayor Koch adjourned the meeting at 10:30 A.M. on a
motion to do so made by Commissioner Orthwein that was seconded by
Commissioner Lynch with all voting in the affirmative.
! '.
Rita L. Taylor own 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 November 16, 2005 at 8:30 A.M., and the Town Commission
will hold a Public Hearing on December 9, 2005 at 9:00 A.M., both
in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf
Stream, Florida, at which the following will be considered:
An application submitted by James Brindell, agent for, Ralph
J. MacDonald owner of the property located at 1410 North
Ocean Blvd., Gulf Stream, Florida, legally described as Lots
1, 1 -A and a portion of Lot 2 in McLouth Subdivision, for the
following:
VARIANCE to allow a generator that encroaches 18 ft. into
the required 25 ft. north side yard setback, as provided
in Section 70 -74 and in Section 70- 67(b)(4), to remain in
the existing location.
LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
existing generator to remain in the present location.
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. I
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: October 28, 2005
Publish: Palm Beach Post
November 4, 2005
November 22, 2005
December 3, 2005
TOWN OF GULF STREAM, FLORIDA
2/4 ;°
Rita L. Taylor, own Clerk
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