HomeMy Public PortalAbout01/13/2006W
January 6, 2006
MAYOR: William F. Koch, Jr.
VICE MAYOR: Joan K. Orthwein
COMMISSIONER: Fred B. Devitt III
Chris D. Wheeler
Muriel J. Anderson
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, JANUARY 13, 2006 AT 9:00 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 December 9, 2005.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. February 10, 2006 @ 9 A.M.
2. March 10, 2006 @ 9 A.M.
3. April 14, 2006 @ 9 A.M.
4. May 12, 2006 @ 9 A.M.
5. June 9, 2006 @ 9 A.M.
6. July 14, 2006 @ 9 A.M.
B. Certification of Election March 17, 2006 @ Noon
VII. PUBLIC HEARING.
A. Appeal of Administrative Decision
1. An appeal of the decision of the Town Manager submitted by
James Brindell as agent for Ralph MacDonald, that a
variance is needed to allow a generator to remain in the
present location at 1410 N. Ocean Blvd., Gulf Stream, FL
B. Applications for Development Approval
1. An application submitted by James Brindell, Agent for
Ralph J. MacDonald, owner of property located at 1410
N. Ocean Blvd., Gulf Stream, Florida, legally described
as Lots 1, lA and a portion of Lot 2 in McLouth
Subdivision. (continued from 12 -9 -05)
a. 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.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
existing generator to remain in the present location.
VIII. Reports.
A. Town Manager
1. Cost of Living Adjustment
B. Architectural Review & Planning Board
1. Meeting Dates
a. January 26, 2006 @ 8:30 A.M.
b. February 23, 1006 @ 8:30 A.M.
c. March 23, 2006 @ 8:30 A.M.
d. April 27, 2006 @ 8:30 A.M.
e. May 25, 2006 @ 8:30 A.M.
AGEMDA CONTINUED
Page 2
C. Finance Director
1. Financial Report for December 2005
D. Police Chief
1. Activity for December 2005
IX.
Items for Commission Action.
A. Appointments
1. Architectural Review & Planning Board
a. 2 Regular Members
b. 1 Alternate Member
B. GIS Data Sharing Interlocal Agreement with P.B. County
C. RESOLUTION NO. 005 -09;A RESOLUTION OF THE TOWN OF GULF STREAM,
URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE
FLORIDA LEAGUE OF CITIES KEY PRIORITY ISSUES.
D. Items by Mayor and Commissioners.
X.
Correspondence.
A. Request for support of Town of Palm Beach Legislative Bill to
facilitate timely conversion of utility lines to underground
service -Town of Palm Beach
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, JANUARY 13, 2006 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.
III. Roll Call.
Present and
William
F. Koch, Jr.
Mayor
Participating: Joan
K. Orthwein
Vice Mayor
Fred
B. Devitt III
Commissioner
Chris
Wheeler
Commissioner
Absent with
Notice:
Mert
Anderson
Commissioner
Also Present and William Thrasher Town Manager
Participating: John Randolph Town Attorney
Garrett Ward Police Chief
Rita Taylor Town Clerk
James Brindell Agent for MacDonald
IV. Minutes of the Regular Meeting of December 9, 2005.
Commissioner Wheeler moved and Commissioner Orthwein seconded that the
minutes be approved as circulated and all voted AYE.
V. Additions, withdrawals, deferrals, arranc
There were no changes requested.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. February 10, 2006 @ 9 A.M.
2. March 10, 2006 @ 9 A.M.
3. April 14, 2006 @ 9 A.M.
4. May 12, 2006 @ 9 A.M.
5. June 9, 2006 @ 9 A.M.
6. July 14, 2006 @ 9 A.M.
Mayor Koch announced these dates.
B. Certification of Election March 17,
of agenda items.
2006 @ Noon
The Town Clerk asked if there were any exparte communications to
declare. There were none.
Town Clerk Taylor administered the Oath to Mr. Brindell.
VII. PUBLIC HEARING.
A. Appeal of Administrative Decision
1. An appeal of the decision of the Town Manager submitted by
James Brindell as agent for Ralph MacDonald, that a
variance is needed to allow a generator to remain in the
present location at 1410 N. Ocean Blvd., Gulf Stream, FL
Regular Meeting & Public Hearing
Town Commission
Page - 2 -
January 13, 2006
Mr. Brindell explained that the generator location is shown on the
initial site plan application and that Gulf Stream and the County has
properly permitted the generator, and it has been inspected by the
County. He stated that there are no homes to the north and the
generator is across the street from the FPL transformer, which feeds to
the main house. He believes the placement is the best possible place
Ofor the generator and that it does not require a variance.
Mayor Koch asked what the permit was originally issued for.
Town Manager Thrasher stated that the original permit application stated
the work to be done was for interior renovation. He added that the
generator was on the attached site plan but he did not see it as he was
looking for interior renovations.
Mayor Koch commented that there seems to be an oversight with the
permitting on the town's part, but the location is on a private road and
there are no homes to the north so the generator would not be a
nuisance. He added that in the future staff should be more careful and
consider all aspects of the application.
Commissioner Wheeler does not feel the placement of the transformer is
relevant to the placement of the generator and believed that a variance
is necessary.
Commissioner Devitt stated that the applicant took all the necessary
steps in the application process and this was an oversight on the town's
part.
Commissioner Devitt moved and Commissioner Orthwein seconded to grant
the appeal of the administrative decision and allow a generator to
remain in the present location at 1410 N. Ocean Boulevard, and there-
fore, will not require a variance. Roll Call: Comm. Orthwein; AYE,
Comm. Devitt; AYE, Comm. Wheeler; NAY and Mayor Koch; AYE.
B. Applications for Development Approval
1. An application submitted by James Brindell, Agent for
Ralph J. MacDonald, owner of property located at 1410
N. Ocean Blvd., Gulf Stream, Florida, legally described
as Lots 1, lA and a portion of Lot 2 in McLouth
Subdivision. (continued from 12 -9 -05)
Cl a. 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.
It was determined that a variance was not necessary and the
administrative decision was repealed to allow a generator to remain in
the present location at 1410 N. Ocean Boulevard.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit the
existing generator to remain in the present location.
Regular Meeting & Public Hearing Page - 3 -
Town Commission January 13, 2006
It was determined that a variance was not necessary and the
administrative decision was repealed to allow a generator to remain in
the present location at 1410 N. Ocean Boulevard.
VIII. Reports.
A. Town Manager
O 1. Cost of Living Adjustment
Town Manager Thrasher explained that the 2005/2006 labor budget was
prepared using an estimated September cost of living adjustment of 3.5 %.
The Town's accounting department uses the September actual CPI to adjust
the employee's budgeted salary accordingly. Previously, this adjustment
produced a favorable variance to the budget and Commission action was
not necessary. However, this year the opposite scenario has occurred
with a September CPI of 5.2% or an increase of 1.7% above what was used
in the budget. The increase will result in a total cost to the Town of
approximately $14,500. The Town Manager suggested offsetting the
increases by reducing the paving budget by $6000 and maintenance and
police vehicle budget by $8,500. He added that he would prefer to leave
the paving budget as is and take the $6000 from unappropriated funds.
The Town Manager recommended increasing the employee's salary by 1.7 %.
Commissioner Wheeler stated that he is favor of the increase and
suggested that in the future, the southern wage earner index be used in
preparing the budget with the budget cycle starting in April.
Commissioner Wheeler moved and Commissioner Orthwein seconded to approve
the cost of living adjustment of 1.7% with $6000 taken from un-
appropriated funds with the conditions that the southern wage earner
index be used to calculate the cost of living adjustment and the budget
cycle be from April to April. Roll Call: Comm. Orthwein; AYE, Comm.
Devitt; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE.
B. Architectural Review & Planning Board
1. Meeting Dates
a. January 26, 2006 @ 8:30 A.M.
b. February 23, 1006 @ 8:30 A.M.
c. March 23, 2006 @ 8:30 A.M.
d. April 27, 2006 @ 8:30 A.M.
e. May 25, 2006 @ 8:30 A.M.
Mayor Koch announced these dates.
Town Clerk Taylor advised that the applicant postponed their application
until February so there will not be an ARPB meeting In January.
C. Finance Director
1. Financial Report for December 2005
Mr. Thrasher asked that the report be accepted as submitted, if there
were no questions.
Mayor Koch asked if the $16,000 to Harvel Utility is hurricane related,
and questioned the $5500 for stump removal and the $500 donation to the
City of Belle Glade.
Regular Meeting & Public Hearing
Town Commission
Page - 4 -
January 13, 2006
Mr. Thrasher explained that the $500 to Belle Glade was a request for
donations to replace the annual municipal picnic equipment that was
damaged by hurricane Wilma and that he made an administrative decision
to support the neighboring community, as did other neighboring towns.
He explained that the Harvel Utility expense is hurricane related and
the $5500 is for stump removal of 3 damaged palm trees behind town hall
and the balance is for cost sharing with Place Au Soleil Homeowner
GAssociation for the removal of 2 large strangler fig trees.
These trees were not in the right of way and so they would not be
reimbursed by FEMA.
Commissioner Wheeler asked if the town is requesting residents to trim
back or replace their damaged trees.
Mr. Thrasher stated that presently there is no policy in place to
insist residents remove or replace their damaged trees. The Code
stipulates that if a tree is dead, diseased, damaged or dying, it does
have to be removed but not replaced. However, during a plan review, a
condition of approval is that part of the landscape incorporates the
refurbishing of Australian pine trees in the right of way.
Mayor Koch reported that he is trying to get cooperation from
neighboring communities to refurbish and beautify AlA.
Commissioner Orthwein commented that the majority of the residents along
AlA keep their properties up to standards but the golf club property
needs a lot of maintenance.
Attorney Randolph advised that if the ARPB approved a landscape plan and
the trees are dead, diseased, damaged or dying, the town could have them
replaced as part of the approval process.
The Commission directed staff to solicit help from the ARPB and the Gulf
Stream Civic Association on the beautification of the town.
Commissioner Wheeler suggested that a policy be in place for charitable
donations.
The Commission agreed that a policy should be created and discussed
during budget discussions.
Commissioner Orthwein moved and Commissioner Devitt seconded to approve
the financial report. Roll Call: Comm. Orthwein; AYE, Comm. Devitt;
AYE, Comm. Wheeler; AYE and Mayor Koch; AYE.
D. Police Chief
1. Activity for December 2005
Chief Ward asked that the report be accepted as submitted, if there were
no questions. He added that the video cameras have been installed and
will be officially used on February lat
Regular Meeting & Public Hearing Page - 5 -
Town Commission January 13, 2006
IX. Items for Commission Action.
A. Appointments
1. Architectural Review & Planning Board
a. 2 Regular Members
Commissioner Orthwein moved and Commissioner Devitt seconded to nominate
Robert Ganger as a regular member of the ARPB. Roll Call: Comm.
OOrthwein; AYE, Comm. Devitt; AYE, Comm. Wheeler; AYE and Mayor Koch;
AYE.
Commissioner Orthwein moved and Commissioner Wheeler seconded to
nominate Donna White as a regular member of the ARPB. Roll Call: Comm.
Orthwein; AYE, Comm. Devitt; AYE, Comm. Wheeler; AYE and Mayor Koch;
AYE.
b. 1 Alternate Member
Mayor Koch passed the gavel to Vice Mayor Orthwein. Mayor Koch moved
and Commissioner Wheeler seconded to nominate George Elmore as an
alternate member of the ARPB. Roll Call: Vice Mayor Orthwein; NAY,
Comm. Devitt; NAY, Comm. Wheeler; AYE and Mayor Koch; AYE.
Attorney Randolph advised that given that this vote is a deadlock, the
Commission could table nominating an alternate member to the next
regular meeting or wait until all members are present.
Vice Mayor Orthwein passed the gavel back to Mayor Koch.
A. GIS Data Sharing Interlocal Agreement with P.B. County
The Town Manager explained that this is a renewal of a previous
agreement to supply county and local jurisdictions with geographical
mapping information to assist in various projects.
Commissioner Wheeler moved and Commissioner Orthwein seconded to approve
the GIS Data Sharing Interlocal Agreement with Palm Beach County and
authorize the Mayor and the Town Clerk to execute. Roll Call: Comm.
Orthwein; AYE, Comm. Devitt; AYE, Comm. Wheeler; AYE and Mayor Koch;
AYE.
B. RESOLUTION NO. 005 -09;A RESOLUTION OF THE TOWN OF GULF STREAM,
URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE
FLORIDA LEAGUE OF CITIES KEY PRIORITY ISSUES.
Town Clerk Taylor read Resolution 05 -09 by title.
Town Clerk Taylor explained that the resolution is urging municipalities
to support their key issues.
Commissioner Orthwein moved and Commissioner Wheeler seconded to approve
Resolution 05 -09. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE,
Comm. Wheeler; AYE and Mayor Koch; AYE.
C. Items by Mayor and Commissioners.
X. Correspondence.
A. Request for support of Town of Palm Beach Legislative Bill to
facilitate timely conversion of utility lines to underground
service -Town of Palm Beach
Regular Meeting & Public Hearing Page - 6 -
Town Commission January 13, 2006
The Commissioners were in full support of converting utility lines to
underground.
Commissioner Orthwein moved and Commissioner Wheeler seconded to
authorize Mayor Koch to execute a letter supporting the Town of Palm
Beach Legislative Bill to facilitate timely conversion of utility lines
to underground service and. Roll Call: Comm. Orthwein; AYE, Comm.
G Devitt; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE.
n
XI. Public. There were no comments from the public.
XII. Adjournment. Mayor Koch adjourned the meeting at 10:30 A.M.
Mayor Koch resumed the meeting at 10:35 A.M.
Town Manager Thrasher explained that correspondence had just arrived
from FDOT via FedEx, regarding the meeting on January 18, 2006, to
consider the proposed transfer of SR -AlA to individual municipalities.
The correspondence addresses how FDOT views such a transfer, the
estimated centerline mileage by jurisdiction and an outline of the
transfer process. Mayor Koch observed that many of the residents of
Gulf Stream strongly opposes FDOT's plan to change the existing roadway
and landscape along AlA. He and representatives from several other
municipalities would be in attendance at the January 18th meeting, he
said.
Mayor Koch adjourned the meeting at 10:55 A.M.