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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. %cZ� Rita L. Taylor, VIwn Clerk