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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.