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HomeMy Public PortalAbout03/17/2006March 10, 2006 MAYOR: William F. Koch, Jr. VICE MAYOR: Joan K. Orthwein COMMISSIONER: Fred B. Devitt III Chris D. Wheeler Muriel J. Anderson �J REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 17,2006 AT 11:00 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 February 10, 2006. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. April 7, 2006 @ 9 A.M. 2. May 12, 2006 @ 9 A.M. 3. June 9, 2006 @ 9 A.M. 4. July 14, 2006 @ 9 A.M. 5. August 11, 2006 @ 9 A.M. 6. September 8, 2006 @ 9 A.M. B. Certification of Election Results, March 17, 2006 @ Noon VII. PUBLIC HEARING. A. Applications for Development Approval 1. To consider amendments to an application, originally O considered on June 10, 2005 and reconsidered on December 9, 2005, submitted by Dan Carter of Carter & Associates Landscape Architects, Inc., agent for Anthony Pugliese III, owner of the property located at 3145 N. Ocean Blvd.. Gulf Stream, Florida, legally described in metes and bounds in Government Lot 2, Section 3, Township 46 South, Range 43 East, for the following: a. NORTH OCEAN BLVD. OVERLAY PERMIT to construct an 8' wall, entry gates, accessory structure (arch), fountain /statuary, pagoda and re- landscaping within the first 50' easterly of the west property line. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW requesting approval for construction of an 8' wall, entry gates, accessory structure (arch), fountain /statuary, pagoda and re- landscaping the area. VIII. Reports. A. Town Manager 1. Water Line Replacement 2. Conditional Use request for Parc Place N. @ Delray Beach 3. Little Club Drainage Agreement B. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public Hearing 3 -23 -06 b. Regular Meeting & Public Hearing 4 -27 -06 a. Regular Meeting & Public Hearing 5 -25 -06 b. Regular Meeting & Public Hearing 6 -22 -06 C. Regular Meeting & Public Hearing 7 -27 -06 u AGENDA CONTINUED PAGE 2 C. Finance Director 1. Financial Report for February 2006 D. Police Chief 1. Activity for February 2006 IX. Items for Commission Action. A. ORDINANCE NO. 06/01; An ordinance granting to Florida Power & Light Company, its successors and assigns, an electric franchise, imposing provisions and conditions relating thereto, providing for monthly payments to the Town of Gulf Stream and providing for an effective date. (first reading) B. Designation of Voting Delegate & Alternates to Palm Beach County League of Cities, Inc. C. Items by Mayor and Commissioners. X. Public. XI. 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 i MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MARCH 17,2006 AT 11:00 A.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. A.M. Mayor Koch called the meeting to order at 11:00 II. Pledge of Allegiance. Mayor. III. Roll Call. The Pledge of Allegiance was led by the Present and William F. Koch, Jr Participating: Joan K. Orthwein Fred B. Devitt III Chris Wheeler Mert Anderson Also Present and William Thrasher Participating: John Randolph Garrett Ward Rita Taylor Anthony Pugliese Michael Weiner Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Town Attorney Police Chief Town Clerk Resident Attorney for Pugliese IV. Minutes of the Regular Meeting of February 10, 2006. Commissioner Orthwein moved and Commissioner Anderson seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, Town Manager Thrasher requested that Item VII.A., and to add Item VIII.A.4., Florida Bulletin. There were no objections. IX.A. be heard after Item League of Cities, Legislative VI. Announcements. A. Regular Meetings and Public Hearings 1. April 7, 2006 @ 9 A.M. 2. May 12, 2006 @ 9 A.M. 3. June 9, 2006 @ 9 A.M. 4. July 14, 2006 @ 9 A.M. S. August 11, 2006 @ 9 A.M. 6. September 8, 2006 @ 9 A.M. A. Certification of Election Results, Mayor Koch announced these dates. March 17, 2006 @ Noon Town Clerk Taylor advised that Commissioner Wheeler would not be available for the May 12th meeting and he would be available via telephone for the June 9th meeting. Mayor Koch asked that if the May 12th meeting was changed to May 5th, would it fit everyone's schedule. All were in agreement to change the meeting to May 5th. Mayor Koch passed the gavel to Vice Mayor Orthwein declaring a conflict in relation to Mr. Pugliese's application for development approval in that his firm had participated in the sale of the property. Regular Meeting & Public Hearing Town Commission Page - 2 - March 17, 2006 Commissioner Devitt declared that he had conversations with Hewlett Kent, Vice Chairman of the Architectural Review and Planning Board, regarding clarification of the action taken in the previous Town Commission meeting in relation to the Pugliese application. Town Clerk Taylor administered the Oath to Mr. Pugliese and Mr. Weiner. VII. PUBLIC HEARING. A. Applications for Development Approval 1. To consider amendments to an application, originally considered on June 10, 2005 and reconsidered on December 9, 2005, submitted by Dan Carter of Carter & Associates Landscape Architects, Inc., agent for Anthony Pugliese III, owner of the property located at 3145 N. Ocean Blvd. Gulf Stream, Florida, legally described in metes and bounds in Government Lot 2, Section 3, Township 46 South, Range 43 East, for the following: Mr. Weiner explained that this is the original Phipps estate with 314 feet of frontage. It is a Spanish Mediterranean style house, which in- corporates several different style elements. In complying with the Town's Code, his client has made several modifications by lowering the entry feature to 17' 11 ", setting it back more than 30' from the property line, reducing the height of the wall, including the caps to under 8 ft., removing the excessive decoration, relocating the fountain and adding extensive landscaping. He stated that the entry feature has been moved back behind the accessory set back line and separated from the front wall by 411. He added that all lightning now conforms to code and that due to the changes that were made, the application meets the code. Mr. Weiner advised that the Architectural Review and Planning Board recommended approval of the changes. He asked, given the extensive landscape installation, if the town has any plans to repair or replace the utility pipes in front of the property. Town Manager Thrasher advised that the ARPB voted 4 -1 to recommend approval with conditions. With regard to the utility pipes, he would have to speak with the town's engineer and respond to Mr. Pugliese. Mr. Thrasher asked if the service driveway entrance location on the north side would be altered. Mr. Pugliese stated that the access driveway entrance would remain in the '1 existing location. Mr. Pugliese commented that the utility lines are in need of repair or replacement and he asked if the town has any plans to improve the utility lines before the landscaping is installed. He added that he did not feel the town should have jurisdiction as to what home- owners can place on their property behind an 8' wall, and which cannot be seen from the street. He stated that the Commission should consider revising the Code in this regard. Chairman Wheeler commented that regulating placement behind a wall is often to control noise level. He added that if the ARPB recommended approval of the application, he had no objection. Regular Meeting & Public Hearing Town Commission Page - 3 - March 17, 2006 a. NORTH OCEAN BLVD. OVERLAY PERMIT to construct an 8' wall, entry gates, accessory structure (arch), fountain /statuary, pagoda and re- landscaping within the first 50' easterly of the west property line. Commissioner Wheeler moved and Commissioner Anderson seconded to approve a North Ocean Boulevard Overlay Permit based on a finding that the ^ proposed 8 ft. wall, entry gates, accessory structure (arch), fountain/ (4/1 statuary, pagoda and re- landscaping within the first 50' easterly of the west property line meets the minimum intent of the Design Manual and applicable review standards. Roll Call: Vice Mayor Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE and Comm. Wheeler; AYE. b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW requesting approval for construction of an 8' wall, entry gates, accessory structure (arch), fountain /statuary, pagoda and re- landscaping the area. Commissioner Devitt moved and Commissioner Anderson seconded to approve a Level 3 Architectural /Site Plan based on a finding that the proposed construction of an 8' wall, entry gates, accessory structure (arch), fountain /statuary, pagoda and re- landscaping the area meets the minimum intent of the Design Manual and applicable review standards with the following conditions: 1) Prior to the issuance of a building permit, DEP coastal construction review and Permit for all construction, including walls, seaward of the 1998 CCCL and a copy of the approved construction drawings shall be provided to the Town. 2) Prior to issuance of a Certificate of Occupancy, FDOT Driveway Permits and a complete copy of the FDOT approved construction drawings shall be provided to the Town. 3) As built survey and elevation drawings indicating locations of all principle and minor accessory items, elevations and final design drawings shall be provided to the town prior to the issuance of a Certificate of Occupancy. Roll Call: Vice Mayor Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE and Comm. Wheeler; AYE. Vice Mayor Orthwein passed the gavel back to Mayor Koch. IX.A. Ordinance No. 06/01- Presentation from FP & L Company. Town Manager Thrasher introduced Florida Power & Light Company representatives Tony Newbold and Jay Molynue. Mr. Newbold advised that the 30 -year franchise agreement between the town and FPL is due to expire June 2006. He is proposing to renew the ' agreement for another 30 years, with the amount of revenue collected by FPL and remitted to the Town to be computed at 5.9% of FPL's billed revenues from the sale of electrical energy within Gulf Stream. Both Mr. Newbold and Mr. Molynue confirmed that the only purpose of the Franchise Agreement is to grant FPL the non - exclusive right to supply electricity to the consumers in Gulf Stream and obligate FPL to collect the Franchise Fees and remit them to the Town. They further confirmed that the Public Service Commission dictates the tariffs and most everything else related to this service. Mr. Newbold then called attention to the Regular Meeting & Public Hearing Town Commission Page - 4 - March 17, 2006 material he had supplied the Commissioners in relation to their new 5- point plan to build a stronger grid for the future that is being reviewed by the PSC. Elements of the plan include post hurricane repairs; 1) To strengthen the electrical infrastructure in order to prepare for the 2006 hurricane season; 2) Modify the existing pole inspection and treatment cycle for all wood poles; 3) Harden the �electrical infrastructure by adopting NESC extreme wind velocity zone M criteria as the standard for all new distribution construction and system upgrades, upgrade existing overhead main lines and replace targeted components of remaining transmission and substation facilities; 4) Promote under grounding by investing 25% of the cost of local government sponsored overhead to underground conversion and aggressively encouraging local ordinances and legislation to require developers to provide underground electrical service for all new projects, facilitating local under grounding projects by allowing underground conduit, cable, associated above - ground transformers and switch cabinets to be placed in road rights -of -way under specific standards and agreements; 5) Enhance vegetation management initiatives by accelerating main line clearing to complete 75% of each year's planned line clearing work before the peak hurricane season, completing line clearing for circuits serving top critical infrastructure facilities prior to 2oo6 hurricane season and prior to every hurricane season thereafter, ensuring a 3 year line clearing cycle for all main lines, aggressively promoting the "Right Tree -Right Place" program and supporting legislation to regulate and enforce the species, type, placement and removal of trees and vegetation in proximity to electric facilities. by working with the town's arborist. Mr. Newbold stated that Town Manager Thrasher had sometime ago requested that the Town Manager, Police Department and Town Arborist hold meetings to discuss any tree trimming on SR -AlA prior to commencement of work, that periodic clearing of electric lines will include all areas of Town and not exclusive to SR -AlA, and that burying of power lines be allowed within right -of -way and not restricted to easements. He advised that all of these concerns had been addressed, or are in the process of being addressed in the 5 -point plan. He encouraged the Commission to hold the first reading of Ordinance No. 0 -6/01 at this time and address any questions regarding the franchise prior to second reading at the April 2006 meeting. C� Mayor Koch noted that the Australian pine trees have been harshly trimmed by FPL in the past. Attorney Randolph did not believe the town should enter into an agreement until more time is spent investigating different options. He added there is currently a lot of consideration being given in the legislature to under grounding. He believed that if an agreement were entered into, the town would lose its negotiating leverage. Attorney Randolph asked if FPL would still be obligated to collect and pay franchise fees as long as their facilities were in Gulf Stream if the agreement was not renewed. He also questioned if an interim agreement Regular Meeting & Public Hearing Town Commission Page - 5 - March 17, 2006 could be entered into until such time as the legislative issues were resolved. Mr. Molynue stated that the town would not be eligible for the franchise fees without an agreement in place and, to his knowledge, he has never seen a franchise agreement extended, or an interim agreement granted. C Additionally, he advised that the Public Service Commission has a formula that is applied when establishing tariffs and distribution of costs to project participants. He emphasized that FPL is bound by law to charge neither less nor more than that approved by the PSC. Attorney Randolph asked if at the end of the franchise agreement, the town would have the ability to trench and install its own under ground lines and buy it's power from FPL. Mr. Molyneu stated yes and encouraged the town the ordinance at this meeting today. Commissioners Wheeler, Anderson and Orthwein qi term agreement, such as 5 or ten year would be Mr. Newbold stated that all are written for 30 two small communities that did not renew their length of the agreements. to have fist reading on iestioned if a shorter - possible. years and that there are agreements because of the Mayor Koch did not feel comfortable entering into an agreement at this time and suggested that Attorney Randolph and Commissioner Wheeler, and any others they thought would be helpful, prepare and present a list of concerns so FPL has the opportunity to address them. The other Commissioners were in agreement. Commissioner Wheeler commented that under grounding is an extremely expensive venture and, while he is not familiar with the agreement, he would work with Attorney Randolph and FPL. 12:00 P.M., Town Clerk Taylor requested a recess to certify the election results, and the Mayor so declared. 12:05 P.M., Mayor Koch reconvened the meeting. C, VIII. Reports. A. Town Manager Town Manager Thrasher acknowledged former town manager Kristin Garrison, who was on hand to congratulate the new Commissioners. 1. Water Line Replacement Town Manager Thrasher referred to an initial costs estimate from the town's engineer for the water main replacement. The total estimated cost is $1,085,000 for the installation plus another $19,000 to Harvel Utility for inspections and locates. The costs associated with the consultant service is not to exceed $63,195.00, and they have been engaged to proceed in this project. 2. Conditional Use request for Parc Place N. @ Delray Beach Regular Meeting & Public Hearing Page - 6 - Town Commission March 17, 2006 The Town Manager reported that the City of Delray Beach has provided the town and some residents of Place Au Soleil with site plan information on a new development abutting Place Au Soleil subdivision. The City of Delray had made some changes to the plan, which seems more favorable to the residents of Place Au Soleil, he said. OCommissioner Anderson asked how many residents received information from Delray Beach and how many residents are in agreement with the development. Mr. Thrasher stated that he does not know how many residents received information but he has not been getting any negative feedback. He added that this project is a mixed -use building and the developer has met all of the Delray Beach code requirements, and the information is being provided by Delray Beach as a courtesy for information only. The Commission agreed that the developer can build whatever he wants and believed this is an improvement to what is currently in place now. 3. Little Club Drainage Agreement The Town Manager reminded that the Commission directed him to review the Little Club's accounting records relating to recurring and nonrecurring expenses of the town's share of expenses for the maintenance, operation and repairs to their drainage system since February 11, 2003. The review was performed along with the town's accountant and it appears that the town is paying a higher percentage of overall costs. He added that the town does not require as much assistance from the club's drainage system as it once did and suggested that the town ask for a reduction of the cost. Mayor Koch suggested meeting with the club to renegotiate the contract. 12:20 P.M., Mayor Koch passed the gavel to Vice Mayor Orthwein and left the meeting. 4. Florida League of Cities, Legislative Bulletin. The Town Manager Thrasher advised that he has received a "Legislative Bulletin" from the Florida League of Cities requesting attendance of anyone who wants to testify in Tallahassee at the legislative session regarding "home rule ". He stated that he is a member of the Palm Beach County Home Rule Committee and is recommending that a representative who is willing to testify attend and support the League's position. Mr. Thrasher stated that if the Commission authorized him to, he is available to attend. Commissioner Wheeler asked the town manager what the most important issue of home rule that concerns him. Mr. Thrasher stated that he is most concerned about elimination of preemptive rights by the County. The Commissioners agreed that the Town Manager would be the best person to attend the session and authorized him to attend. G Regular Meeting & Public Hearing Town Commission B. Architectural Review & Planning Board 1. Meeting Dates a. Regular Meeting & Public b. Regular Meeting & Public C. Regular Meeting & Public d. Regular Meeting & Public e. Regular Meeting & Public Vice Mayor Orthwein announced these dates. Page - 7 - March 17, 2006 Hearing 3 -23 -06 Hearing 4 -27 -06 Hearing 5 -25 -06 Hearing 6 -22 -06 Hearing 7 -27 -06 C. Finance Director 1. Financial Report for February 2006 Mr. Thrasher asked that the report be accepted as submitted, if there were no questions. Commissioner Anderson moved and Commissioner Devitt seconded to approve the financial report. Roll Call: Vice Mayor Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson and Comm. Wheeler; AYE. D. Police Chief 1. Activity for February 2006 Chief Ward asked that the report be accepted as submitted, if there were no questions. He added that there was an accidental drowning of a visitor in town and also that Officer Gorel has been promoted to the rank of Sargeant. IX. Items for Commission Action. This item was heard earlier. A. ORDINANCE NO. 06101; An ordinance granting to Florida Power & Light Company, its successors and assigns, an electric franchise, imposing provisions and conditions relating thereto, providing for monthly payments to the Town of Gulf Stream and providing for an effective date. (first reading) B. Designation of Voting Delegate & Alternates to Palm Beach County League of Cities, Inc. Commissioner Wheeler moved and Commissioner Devitt seconded to designate Mayor Koch as the voting delegate to the Palm Beach County League of Cities, Inc., with the Commissioners and Town Manager acting as alternates. Roll Call: Vice Mayor Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE and Comm. Wheeler; AYE. C. Items by Mayor and Commissioners. There were no items. X. Public. There were no comments from the public. XI. Adjournment. Mayor Koch adjourned the meeting at 12:35 A.M. Yvlohne E. Eckert, CMC D ty Town Clerk FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAIL- MID111-t NAME NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE Koch, Jr., William F. TOWN COMMISSION MAILING ADDRESS THE BOARo, COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE ON 100 Sea Road Palm Beach W'HIC'H I SERVE IS A UNIT OF: X CITY . COUNTY ' OTHER LOCAL AGENCY CITY COUNTY NAML OF POLITICAL SUBDIVISION: '.)ATE ON WHICH VO-L IICCURREU Town of Gulf Stream MY PUSITION 15: .3 -17 -06 RELE(TIVE .; APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. kPPOINTED OFFICERS: k person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which nures to his special private gain. Each local officer also is prohibited front knowingly voting on a measure which inures to the gal gain of a principal (other than a government agency) by whom he is retained. Person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must lisclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether lade by the officer or at his direction. F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH HE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form should be provided immediately to the other members of the agency. The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IH \I +11 III 11 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within I S days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. William F. Koch, Jr. DISCLOSURE OF LOCAL OFFICER'S INTEREST , hereby disclose that on March 17" 2006 (a) A measure came or will come before my agency which (check one) inured to my special private gain; or x inured to the special gain of Koch Real (b) The measure before my agency and the nature of my interest in the measure is as follows: 19 , by whom 1 am retained. An application for Development Approval submitted by Anthony Publiese III, owner of the property at 3145 N.•Ocean Blvd., came before the Town Commission. The firm, with which I am associated, was involved in the sale of the property several years prior to this application 3 Date Filed �ta tur NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985VA FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BN'ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE Olt EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. .E FORM 10 • I0-96 PAGE