HomeMy Public PortalAbout02/10/2006February 3, 2006
MAYOR: William F. Koch, Jr.
VICE MAYOR: Joan K. Orthwein
COMMISSIONER: Fred B. Devitt III
Chris D. Wheeler
Muriel J. Anderson
CD REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, FEBRUARY 10, 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 January 13, 2006.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. March 10, 2006 @ 9 A.M.
2. April 14, 2006 @ 9 A.M.
3. May 12, 2006 @ 9 A.M.
4. June 9, 2006 @ 9 A.M.
5. July 14, 2006 @ 9 A.M.
6. August 11, 2006 @ 9 A.M.
B. Election of 2 Commissioners March 14, 2006, 7 A.M.-7 P.M.
C. Certification of Election Results, March 17, 2006 @ Noon
VII. Reports.
A. Town Manager
,.y
1.
v B. Architectural Review & Planning Board
1. Meeting Dates
a. February 23, 2006 @ 8:30 A.M.
b. March 23, 2006 @ 8:30 A.M.
c. April 27,'2006 @ 8:30 A.M.
d. May 25, 2006 @ 8:30 A.M.
e. June 22, 2006 @ 8:30 A.M.
f. July 27, 2006 @ 8:30 A.M.
C. Finance Director
1. Financial Report for January 2006
2. Bi- monthly Water Usage
D. Police Chief
1. Activity for January 2006
VIII. Items for Commission Action.
A. Appointment of 1 Alternate Member on ARPB
B. Items by Mayor and Commissioners.
IX. Correspondence.
A. Request for support to oppose HB 431 prepared by FPL allowing
sub- stations in all land use categories & zoning districts and
other encroachments on Home Rule authority -Town of Palm Beach
AGENDA CONTINUED
X. Public.
XI. Adjournment.
Page 2
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.
/-1
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, FEBRUARY 10, 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 Mayor led the Pledge of Allegiance.
III. Roll Call.
Present and William F. Koch, Jr
Participating: Joan K. Orthwein
Muriel Anderson
Fred B. Devitt III
Chris D. Wheeler
Also Present and William Thrasher
Participating: John Randolph
Rita Taylor
Garrett Ward
Pami Maugham
Anthony Pugliese
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Attorney
Town Clerk
Police Chief
Attorney for Pugliese
Town Resident
IV. Minutes of the Regular Meeting of January 13, 2006. Commissioner
Devitt moved and Commissioner Wheeler seconded that the minutes
be approved as circulated and all voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
The Town Clerk requested to add Item A.I. Water line replacement
and Item VIII.C. Clarification of motion related to Variance #1 on the
Pugliese appeal of the administrative decision. There were no
objections to this request.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. March 10, 2006 @ 9 A.M.
2. April 14, 2006 @ 9 A.M.
3. May 12, 2006 @ 9 A.M.
4. June 9, 2006 @ 9 A.M.
5. July 14, 2006 @ 9 A.M.
6. August 11, 2006 @ 9 A.M.
Mayor Koch announced these dates. Commissioner Wheeler advised he has a
conflict and will be unable to attend the March 20th meeting. The Town
Clerk advised that the Certification of Election Results meeting is
schedule for March 17, 2006 at noon and she suggested the regular
meeting be held at it A.M. on this date, March 17, 2006. Commissioner
Devitt advised that he might have a conflict on that date but stated he
would attempt to work it out.
Town Clerk Taylor advised that the meeting scheduled for April 14, 2006
will fall on Good Friday, a holiday. She suggested that an alternate
date be selected at this time. Friday, April 7, 2006 was suggested.
Minutes of Town Commission Regular Meeting
And Public Hearing - February 10, 2006 Page 2
It was unanimously agreed that the March meeting will be held on March
17, 2006 at 11 A.M. and the April meeting will be held on April 7, 2006
at 9 A.M.
A. Election of 2 Commissioners March 14, 2006, 7 A.M. -7 P.M.
B. Certification of Election Results, March 17, 2006 @ Noon
O VII. Reports.
A. Town Manager
1. Water Line Replacement
Town Manager Thrasher reported that the 8" water line on the east side
of AIA from Golfview Drive to the south Town limits has been repaired
many times the past three years. There have been three repairs within
21 days this past week. He believed these breaks will keep increasing
and recommended this line be replaced. He asked Mr. Harvel to comment
on this problem.
Mr. Harvel reported that the breaks are at the joints as the gaskets are
failing. He further reported that there are two gaskets every 12 feet
and this particular line is 1,600 feet long. He stated that this
material was from a different supplier than the other lines in the Town.
He added that there is also a 6" line in this area on the west side of
AlA and he suggested that the Town get an engineers estimate on
installing a 12" line on the east side and abandon the 6" line, since
the greatest cost involved is opening the ditch and /or boring. He
estimated the cost to be between $800,000 and $1,200,000 and that this
work must be engineered and permitted with FDOT and the County Health
Department.
Mr. Thrasher suggested that, since the Water Fund has a surplus of only
$80,000, that the funding come from a loan from the General Fund Surplus
to the Water Fund, to be repaid as soon as possible with interest at the
amount currently being earned on the surplus invested in the SBA. He
further suggested an outside loan. Commissioner Wheeler suggested that
since this is a Capital Expenditure, the interest be determined at a
rate that would normally be based on a ten year repayment rather than
the short term variable rate.
Commissioner Wheeler moved and Commissioner Orthwein seconded to
authorize an expenditure, provided the cost is less than $100,000 and
receives approval of the Mayor and Town Manager, for engineering this
Cproject with the funding source yet to be determined. Roll Call: Comm.
Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler;
AYE and Mayor Koch; AYE.
B. Architectural Review & Planning Board
1. Meeting Dates
a. February 23, 2006 @ 8:30 A.M.
b. March 23, 2006 @ 8:30 A.M.
c. April 27, 2006 @ 8:30 A.M.
d. May 25, 2006 @ 8:30 A.M.
e. June 22, 2006 @ 8:30 A.M.
f. July 27, 2006 @ 8:30 A.M.
Mayor Koch called attention to these dates.
Minutes of Town Commission Regular Meeting
And Public Hearing - February 10, 2006
Page 3
C. Finance Director
g. Financial Report for January 2006
There were no questions regarding the Financial Report and Commissioner
Devitt and Commissioner Anderson seconded that it be approved and
submitted. All voted AYE.
1. Bi- monthly Water Usage
Commissioner Anderson questioned why the usage has increased to which
C1 Mr. Thrasher replied that the leaks are partially responsible. He
stated that the usage is going down, however. He further stated that
flushing the lines has also contributed to the increase as has ageing
meters. The old meters are being replaced, a few at a time.
Commissioner Anderson moved that the report be accepted and Commissioner
Wheeler seconded the motion with all voting AYE.
D. Police Chief
1. Activity for January 2006
Chief Ward reported that there was one traffic fatality to report, the
first in 10 years. He explained that a vehicle traveling north crossed
the highway at a high rate of speed and crashed into a tree on the west
side of the road. He stated that the driver was not belted and was
thrown out of the vehicle into the center of the pavement and was killed
instantly.
VIII. Items for Commission Action.
A. Appointment of 1 Alternate Member on ARPB (continued from
meeting of January 13, 2006.)
The Town Clerk read the list of persons who had submitted letters of
interest in service on the Architectural Review and Planning Board as
follows: Mona Wolter, George Elmore, Ingrid Kennemer and Amanda Jones.
Commissioner Orthwein moved that Amanda Jones be appointed to the
Alternate position on the ARPB and Commissioner Devitt seconded the
motion. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE Comm.
Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE.
B. Items by Mayor and Commissioners.
Mayor Koch advised he had met with the FDOT and the Mayors of the nearby
towns along AlA in an attempt to have FDOT hand over jurisdiction to the
municipalities, thus solving the matter of widening AlA. He reported
this did not work out in that FDOT would only do that if at each end of
the transfer there is an intersection with another State Highway. This
would have to be Atlantic Avenue on the South and either Ocean Avenue in
Ocean Ridge or the Lake Worth bridge. Delray Beach was unwilling to
i
assume the section between Atlantic Ave. and George Bush Blvd.
The Mayor pointed out that the latest plans for the repaving of AlA on
Gulf Stream including adding 2 to 3 feet of shoulders in about one third
of the town with swales beyond that of 6 to 8 feet. In addition, the
highway will be re- striped to create 11' travel lanes consistently. He
noted that if the wide swales were to be installed, and considerable
amount of the current landscaping would be destroyed. During discussion
with FDOT it was suggested that a compromise be made that the Town agree
to accept the shoulders as shown on the plans with all swales to be
eliminated. He added that FDOT agreed that they would not commence
construction prior to July 4, 2007 to allow the Town time to install the
Minutes of Town Commission Regular Meeting
And Public Hearing - February 10, 2006
Page 4
new water line and that they would give the Town access to the
engineering data they have in order to expedite the water line project
and also reduce some of the expense of the project.
Attorney Randolph advised that a proposed motion was sent to FDOT
confirming the above and they had returned a letter stating that they
wanted to make it clear that if the project commenced July 4, 2007,
construction would continue between the months of November 2007 and
February 2008 and that any new landscaping within the FDOT right -of -way
will require a permit from FDOT. In view of this, he suggested that the
motion should include that the permit shall not be unreasonable
withheld.
Commissioner Wheeler suggested that the motion contain language that
would permit FDOT to commence prior to July 4, 2007 if the water line
was completed earlier.
The Mayor recommended that the Town agree to this compromise and
directed that the Clerk distribute a proposed motion if the Commission
is in agreement with the recommendation.
The proposed motion is as follows: I move that the FDOT Plan for
milling, paving and adding paved shoulders along portions of State Road
AlA be approved as submitted on the Contract Plans signed and sealed on
February 2, 2006 and described on pages 3 and 4 (typical section) with
there to be NO SWALES constructed /installed, since the drainage along
AlA today is acceptable, provided that the project does not commence
prior to July 4, 2007 unless the Town requests an earlier construction
date, and further that the Town agree to continue to maintain the
landscaping along the right -of -way of AlA and that it be afforded the
right and opportunity to continue to landscape within said right -of -way,
with the FDOT permit to do so not to be unreasonable withheld.
Commissioner Wheeler made this motion and Commissioner Anderson
seconded. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm.
Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE.
C. Clarification of motion related to Variance #1 on the Pugliese
Administrative Appeal.
Town Clerk Taylor administered the Oath to Anthony Pugliese and Pami
Maugham.
Mayor Koch passed the gavel to Vice Mayor Orthwein and stated that he is
declaring a conflict in that he has had business relationships with Mr.
Pugliese.
The Town Clerk explained that the applicant appealed the decision of the
administrative official that a variance was necessary in order to place
the entry gates at the requested location and the appeal was heard at
the December 2005 hearing. During the hearing, the applicant proposed a
change in the location of the gates, moving them westward of the arch,
an accessory structure. This new location was drawn on the plan during
the meeting. In view of the relocation, the Commission agreed with the
Minutes of Town Commission Regular Meeting
And Public Hearing - February 10, 2006
Page 5
the meeting. In view of the relocation, the Commission agreed with the
applicant that a variance would not be necessary in view of this change
and directed the entire plan, which included a Historic Corridor Permit
and a Level 3 Site Plan Review be returned to the ARPB as several other
amendments had been made to the plan that was originally reviewed by
ARPB. She concluded by advising that the amended location of the gates
that had been shown to the Commission in December had been changed once
again on the plan that was to be submitted for ARPB review and in the
opinion of the staff would require a variance. Thus, that portion or the
application could not move back to the ARPB for review. Mrs. Taylor
stated that she advised Ms. Maugham of this and Ms. Maughm believed that
the motion from the Commission was not based on the amended location of
the gates as shown on the drawing but was based on the fact that the
gates were removed from the arch structure. She believed that the new
proposed location of the gates should go to ARPB for review rather than
having to process thru a variance application. Commissioner Wheeler
asked if the Commission is being asked to clarify the motion made in
the December Hearing or if they are considering this latest location of
the gates.
Attorney Randolph advised that the Commission is being asked to clarify
if the motion that was made at the December hearing that a variance was
not necessary was based on placing the gates in the exact location that
was drawn on the plan at the hearing, or if it was based on just
removing the gates from the arched structure.
Commissioner Wheeler stated that he had made the motion and it was based
on the gates being moved to the west, toward AlA, and placed at the
location that had been drawn in on the plan with blue ink at the
December hearing.
Vice Mayor Orthwein returned the gavel to Mayor Koch.
IX. Correspondence.
A. Request for support to oppose HB 431 prepared by FPL allowing
sub- stations in all land use categories & zoning districts and
other encroachments on Home Rule authority -Town of Palm Beach.
Commissioner Wheeler moved and Commissioner Orthwein seconded that the
Town as opposing the adoption of House Bill 431 prepared by FP &L. Roll
Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE,
Comm. Wheeler; AYE and Mayor Koch; AYE.
X. Public. There was no comment from the public.
XI. Adjournment. Mayor Koch adjourned the meeting at 10:45 A.M.
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Rita L. Taylor, VIwn Clerk