HomeMy Public PortalAbout07/27/2007July 19, 2007
MAYOR: William F. Koch, Jr.
VICE MAYOR: Joan K. Orthwein
COMMISSIONER: Muriel J. Anderson
Fred B. Devitt III
Chris D. Wheeler
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, JULY 27, 2007 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
June 8, 2007.
V.
Additions,
withdrawals,
deferrals,
arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. August 17, 2007 @ 9 A.M.
2. September 14, 2007 @ 9 A.M.
3. October 12, 2007 @ 9 A.M.
4. November 9, 2007 @ 9 A.M.
5. December 14, 2007 @ 9 A.M.
B. Mayor's Proclamation
1. Declaring FLORIDA WATER PROFESSIONAL WEEK
August 6 -10, 2007
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by Rustem Kupi, as Agent for
Mark Walsh, the owner of property located at 1709 N.
Ocean Blvd., Gulf Stream, Florida, which is legally
described as the N. 100 ft. of the s. 668 ft. of Govt.
Lot 1, Sec. 10, Twnshp. 46 south, Range 43 east.
a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit a
2 -story addition consisting of 3,164 sq. ft. to an
existing 2 -story Spanish Colonial /Mizner style single
family dwelling.
2. An application submitted by Roy Simon, as agent for Paul
A. Lyons, Jr., owner of the property located at 2845 Polo
Drive, Gulf Stream, Florida, which is legally described
as Lot 12, Replat of Part of Gulf Stream Properties.
a. SPECIAL EXCEPTION to permit an addition consisting of
296.3 square feet to the master bedroom of an existing
non - conforming Bermuda style structure.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit a
296.3 square foot addition to an existing one -story
Bermuda style single family dwelling.
VIII. Reports.
A. Town Manager
1. Interest Charges on loan to Water Fund
2. Update on AlA Project
B. Architectural Review & Planning Board
1. Meeting Dates
a. September 27, 2007 @ 8:30 A.M.
b. October 25, 2007 @ 8:30 A.M.
c. November to be decided
d. December 27, 2007 @ 8:30 A.M.
C. Finance Director
1. Financial Report
a. May 2007
AGENDA CONTINUED
b. June 2007
2. Water Usage as of May 31, 2007
D. Police Chief
1. Activity
a. May 2007
b. June 2007
IX. Items for Commission Action.
A. Resolutions
1. No. 007 -6; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF SSTREAM, FLORIDA, REQUESTING A PORTION OF THE
COUNTY EMERGENCY MEDICAL SERVICE GRANT AWARD PROGRAM FUNDS
FOR 2007 -2008 FOR THE CITY OF DELRAY BEACH.
2. No. 007 -7; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ESTABLISHING
WATER RATES AND CHARGES BY RESOLUTION AS PROVIDED IN
ORDINANCE NO. 03/4 AMENDING CHAPTER 34 UTILITIES AT
ARTICLE II SECTION 34 -26 FOR THE OPERATION OF THE WATER
DISTRIBUTION SYSTEM FOR THE TOWN; PROVIDING AN EFFECTIVE
DATE.
3. No. 007 -8; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, FLORIDA TO SUPPORT HOUSE BILL 1363
ENTITLED "ORGANIZED CRIMINAL ACTIVITY, "WHICH RENAMES AND
AMENDS THE "CRIMINAL STREET GANG PREVENTION ACT OF 1996 "AS
THE "ORGANIZED CRIME GROUP PREVENTION ACT OF 2007;" URGING
THE SUPPORT OF FLORIDA GOVERNOR GRIST, THE PALM BEACH
COUNTY LEGISLATIVE DELEGATION, THE MAYOR OF EACH
MUNICIPALITY IN PALM BEACH COUNTY, THE LEADERSHIP OF THE
PALM BEACH COUNTY LEAGUE OF CITIES, THE LEADERSHIP OF THE
BOARD OF COUNTY COMMISSIONERS; PROVIDING THAT THIS
RESOLUTION BE FORWARDED TO FLORIDA GOVERNOR GRIST, THE
PALM BEACH COUNTY LEGISLATIVE DELEGATION, THE MAYOR OF
EACH MUNICIPALITY IN PALM BEACH COUNTY, THE LEADERSHIP OF
THE PALM BEACH COUNTY LEAGUE OF CITIES, THE LEADERSHIP OF
THE FLORIDA LEAGUE OF CITIES AND EACH MEMBER OF THE PALM
BEACH COUNTY BOARD OF COUNTY COMMISSIONERS; PROVIDING AN
EFFECTIVE DATE.
B. Ordinance No. 07/01; AN ORDINANCE OF THE TOWN COMMISSION
OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
AMENDING CHAPTER 26, OF THE TOWN CODE OF ORDINANCES AT
SECTION 26 -3 RELATING TO DISCHARGE OF FIREARMS TO PROVIDING
FOR THE PROHIBITION OF FIREWORKS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT, PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE. (Adoption)
C. Appointment of a voting delegate to the Florida League
Of Cities Conference.
D. Proposed Code Revision Review
E. Intervention RE: Weston Tax Reform Law Suite
F. Presentation of the Proposed Budget for 2007 -2008
1. Budget Consideration
2. Proposed Millage for 2007 -2008
3. Certification of Rolled Back Millage Rate
4. Date of First Public Hearing for Budget Adoption
5. Date of Second Public Hearing for Final Budget Adoption
G. 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
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, JULY 27, 2007 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 9:00
A.M.
II. Pledge of Allegiance. The Pledge of Allegiance was led by the
CMayor.
III. Roll Call.
Present and William F. Koch, Jr. Mayor
Participating: Joan K. Orthwein Vice Mayor
Fred B. Devitt III Commissioner
Muriel J. Anderson Commissioner
Chris D. Wheeler Commissioner
Also Present and William Thrasher Town Manager
Participating: Garrett Ward Police Chief
Rita Taylor Town Clerk
Rustem Kupi Agent for Walsh
Roy Simon Agent for Lyons
IV. Minutes of the Regular Meeting of June 8, 2007.
Commissioner Anderson moved and Commissioner Orthwein seconded
that the minutes be approved as circulated and all voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
There were no none.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. August 17, 2007 @ 9 A.M.
2. September 14, 2007 @ 9 A.M.
3. October 12, 2007 @ 9 A.M.
4. November 9, 2007 @ 9 A.M.
5. December 14, 2007 @ 9 A.M.
Mayor Koch announced these dates. Commissioner Anderson advised that
she may not be available for the October meeting.
B. Mayor's Proclamation
O 1. Declaring FLORIDA WATER PROFESSIONAL WEEK
August 6 -10, 2007
Town Clerk Taylor read the Mayor's proclamation declaring August 6 -10,
2007, Florida Water Professional week.
The town clerk asked if there were any exparte communications to
declare. There were no exparte communications declared.
Town Clerk Taylor asked that all persons who intended to speak please
stand to take the Oath. The Town Clerk administered the Oath to Mr.
Kupi and Mr. Simon.
Regular Meeting & Public Hearing July 27 2007
Town Commission Page 2
VII. PUBLIC HEARING.
A. Applications for Development Approval
1. An application submitted by Rustem Kupi, as Agent for
Mark Walsh, the owner of property located at 1709 N.
Ocean Blvd., Gulf Stream, Florida, which is legally
described as the N. 100 ft. of the s. 668 ft. of Govt.
OLot 1, Sec. 10, Twnshp. 46 south, Range 43 east.
Mr. Kupi distributed photographs of the existing property and displayed
a site plan of the proposed improvement. He explained that the
improvement includes a two story addition to an existing Spanish
Colonial /Mizner style home, covered entryway, relocation of the parking
court to the west to accommodate the addition, black shutters and an in-
ground fountain. Mr. Kupi stated that the addition is consistent with
the Code and all material would match the existing.
a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit a
2 -story addition consisting of 3,164 sq. ft. to an
existing 2 -story Spanish Colonial /Mizner style single
family dwelling.
Commissioner Wheeler moved and Commissioner Orthwein seconded to approve
the Level III Architectural /Site Plan based on a finding that the
proposed 2 -story addition consisting of 3,164 sq, ft. to an existing 2-
story Spanish Colonial /Mizner style single family dwelling meets the
minimum intent of the Design Manual and applicable review standards with
the condition that up to four (4) Australian pine trees will be planted
by the Town of Gulf Stream located between the roadway and the property
line. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm.
Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE.
2. An application submitted by Roy Simon, as agent for Paul
A. Lyons, Jr., owner of the property located at 2845 Polo
Drive, Gulf Stream, Florida, which is legally described
as Lot 12, Replat of Part of Gulf Stream Properties.
Mr. Simon displayed a site plan and explained that the proposed
improvement is a small addition to the master bedroom of the existing
Bermuda style structure and convert the sliding glass doors to French
doors. The roofline and all material would match the existing.
Mayor Koch asked if there were any obstructions in the alley behind the
house.
OMr. Simon stated that he is not aware of any obstruction in the alley.
Commissioner Wheeler asked why a Special Exception is necessary.
Mr. Thrasher explained that additions to structures with non - conforming
setbacks require a Special Exception.
a. SPECIAL EXCEPTION to permit an addition consisting of
296.3 square feet to the master bedroom of an existing
non - conforming Bermuda style structure.
Commissioner Wheeler moved and Commissioner Devitt seconded to approve
a Special Exception to allow a 296 sq. ft. addition to the master bed-
room of an existing non - conforming Bermuda style structure. Roll Call:
Regular Meeting & Public Hearing July 27 2007
Town Commission Page 3
Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm.
Wheeler; AYE and Mayor Koch; AYE.
b. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit a
296.3 square foot addition to an existing one -story
Bermuda style single - family dwelling.
Commissioner Wheeler moved and Commissioner Orthwein seconded to approve
Oa Level III Architectural /Site Plan based on a finding that the proposed
additions totaling 296 sq. ft. to an existing Bermuda style house meets
the minimum intent of the Design Manual and applicable review standards.
Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE,
Comm. Wheeler; AYE and Mayor Koch; AYE.
VIII. Reports.
A. Town Manager
1. Interest Charges on loan to Water Fund
Mr. Thrasher requested that the town not charge an interest rate to the
utility fund in an effort to reduce the debt quickly. He advised that
this is a monthly manual bookkeeping entry from one fund to another.
The Commission discussed this item and they did not agree with not
charging the utility fund an interest rate. They felt the general fund
should not subsidise the utility department.
2. Update on AlA Project
The town manager reported that the AlA project is completed. FDOT has
started their scope of work and should be completed by mid November.
Mayor Koch asked to be provided with all the costs involved in the AIA
water line project.
Mr. Thrasher advised that he would have the final cost of the project
shortly.
B. Architectural Review & Planning Board
1. Meeting Dates
a. September 27, 2007 @ 8:30 A.M.
b. October 25, 2007 @ 8:30 A.M.
c. November to be decided
d. December 27, 2007 @ 8:30 A.M.
These meeting dates were announced.
C. Finance Director
^ 1. Financial Report
(`J1 a. May 2007
b. June 2007
The Town Manager asked that the financial reports be accepted as
submitted, if there were no auestions and there were none.
Commissioner Wheeler moved and Commissioner Orthwein seconded to approve
both financial reports. Roll Call: Comm. Orthwein; AYE, Comm. Devitt;
AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE.
2. Water Usage as of May 31, 2007
This item was made a part of the official records.
Regular Meeting & Public Hearing July 27 2007
Town Commission Page 4
D. Police Chief
1. Activity
a. May 2007
b. June 2007
Chief Ward asked that the reports be accepted as submitted if there were
no questions. He added that it has been a quiet uneventful summer.
There were no questions.
C'
IX. Items for Commission Action.
A. Resolutions
1. No. 007 -6; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, FLORIDA, REQUESTING A PORTION OF THE
COUNTY EMERGENCY MEDICAL SERVICE GRANT AWARD PROGRAM FUNDS
FOR 2007 -2008 FOR THE CITY OF DELRAY BEACH.
Town Clerk Taylor read Resolution No. 07 -06 by title. She explained
that Delray is requesting that the town authorize that the Gulf Stream
share of the County Emergency Medical Service Grant Award Program Funds
be awarded to them, since the Delray Department serves the emergency
needs in Gulf Stream. The resolution is the official document to
support the request.
Mayor Koch directed staff to inquire about the amount of the town's
portion that the town authorizes to Delray Beach.
Commissioner Orthwein moved and Commissioner Anderson seconded to
approve Resolution No. 07 -06. Roll Call: Comm. Orthwein; AYE, Comm.
Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch;
AYE.
2. No. 007 -7; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, ESTABLISHING
WATER RATES AND CHARGES BY RESOLUTION AS PROVIDED IN
ORDINANCE NO. 03/4 AMENDING CHAPTER 34 UTILITIES AT
ARTICLE II SECTION 34 -26 FOR THE OPERATION OF THE WATER
DISTRIBUTION SYSTEM FOR THE TOWN; PROVIDING AN EFFECTIVE
DATE.
Town Clerk Taylor read Resolution No. 07 -07 by title. The town clerk
explained that this is the official document to support what the
Commission approved at a previous meeting.
OCommissioner Orthwein moved and Commissioner Anderson seconded to
approve Resolution No. 07 -07. Roll Call: Comm. Orthwein; AYE, Comm.
Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch;
AYE.
3. No. 007 -8; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, FLORIDA TO SUPPORT HOUSE BILL 1363 ENTITLED
"ORGANIZED CRIMINAL ACTIVITY, "WHICH RENAMES AND AMENDS THE
"CRIMINAL STREET GANG PREVENTION ACT OF 1996 "AS THE
"ORGANIZED CRIME GROUP PREVENTION ACT OF 2007;" URGING THE
SUPPORT OF FLORIDA GOVERNOR CRIST, THE PALM BEACH COUNTY
LEGISLATIVE DELEGATION, THE MAYOR OF EACH MUNICIPALITY IN
PALM BEACH COUNTY, THE LEADERSHIP OF THE PALM BEACH COUNTY
LEAGUE OF CITIES, THE LEADERSHIP OF THE BOARD OF COUNTY
Regular Meeting & Public Hearing
Town Commission
July 27 2007
Page 5
COMMISSIONERS; PROVIDING THAT THIS RESOLUTION BE FORWARDED
TO FLORIDA GOVERNOR GRIST, THE PALM BEACH COUNTY
LEGISLATIVE DELEGATION, THE MAYOR OF EACH MUNICIPALITY IN
PALM BEACH COUNTY, THE LEADERSHIP OF THE PALM BEACH COUNTY
LEAGUE OF CITIES, THE LEADERSHIP OF THE FLORIDA LEAGUE OF
CITIES AND EACH MEMBER OF THE PALM BEACH COUNTY BOARD OF
CCOUNTY COMMISSIONERS; PROVIDING AN EFFECTIVE DATE.
Town Clerk Taylor read Resolution No. 07 -08 by title.
Commissioner Anderson moved and Commissioner Orthwein seconded tc
approve Resolution No. 07 -08. Roll Call: Comm. Orthwein; AYE, Comm.
Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch;
AYE.
B. Ordinance No. 07/01; AN ORDINANCE OF THE TOWN COMMISSION
OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
AMENDING CHAPTER 26, OF THE TOWN CODE OF ORDINANCES AT
SECTION 26 -3 RELATING TO DISCHARGE OF FIREARMS TO PROVIDING
FOR THE PROHIBITION OF FIREWORKS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT, PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE. (Adoption)
Town Clerk Taylor read Ordinance No. 07/01 by title. The town clerk
explained that this ordinance permits fireworks displays only on
properties with 20 acres or more provided a permit from the town is
issued.
Commissioner Anderson moved and Commissioner Orthwein seconded to
approve Ordinance No. 07/01 on second reading. There were no comments
from the public. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE,
Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE.
C. Appointment of a voting delegate to the Florida League
Of Cities (FLC) Conference.
Mr. Thrasher asked if the Commissioners wanted to appoint a voting
delegate at the FLC conference. He explained that it is important that
the town be represented also at the legislative policy council.
Participation on a council would require attendance at four meetings.
The town manager added that he would be unable to attend all four
meetings as they conflict the Commission meeting dates.
Mayor Koch stated that he has attended the conference in the past and he
does not believe it to be beneficial to the town given that the town is
small.
Commissioners Orthwein and Anderson felt the town should be represented.
The Commissioners agreed that it is up to the Manager's discretion if he
attends the conference.
D. Proposed Code Revision Review
The town manager reported that presently there are seven items suggested
for code review. He added that he received the first draft of the
multi - family review and he would be reviewing the draft and presenting
it to the ARPB for comments. Mr. Thrasher advised that an application
would be coming to the Commission for approval. He verified the
Regular Meeting & Public Hearing July 27 2007
Town Commission Page 6
architect's percentage of glass calculation with Urban Design Studio and
they found the architect's calculations to be correct. The town manager
suggested that the glass calculation in the code should be reviewed as
it relates to the amount of glass used on a single elevation.
The Commissioners directed that the ARPB start the code review process
and set a tentative goal of three months for completion of the project.
They agreed the process should be conducted as it had been in the past
with consultants being engaged only for items requiring technical
assistance.
Commissioner Orthwein commented that the styles of the newer homes are
taking on a cookie cutter appearance. She suggested encouraging a
variety of other styles and added this to the list for code review.
E. Intervention RE: Weston Tax Reform Law Suite
Mr. Thrasher explained that Mayor Hersh, from the City of Weston is
urging local governments to join his lawsuit to block the property tax
amendment from going on the January 29, 2008 ballot.
The Commission discussed this item and agreed that no action be taken on
this item at this time.
F. Presentation of the Proposed Budget for 2007 -2008
1. Budget Consideration
Town Manager Thrasher presented the proposed budget for fiscal year
2007 -2008 and explained that the tax reform has required municipalities
to conform to the rolled back rate less 3 percent. In computing the
annualize growth from fiscal year 2001 -2002 to 2006 -2007 it was 5.71
percent and anything under 6.1 percent does not require an additional
reduction below rolled back. He advised that this budget is based on a
rolled back rate of 2.9563 mills.
Commissioner Wheeler stated that he did not have enough time to go over
the budget and requested more time be spent discussing the budget at the
next meeting. The Commissioners agreed.
Town Manager Thrasher advised that according to state requirements, the
rolled back rate has to be established now and it could be adjusted down
at the next meeting if needed.
2. Proposed Millage for 2007 -2008
Commissioner Wheeler moved and Commissioner Anderson seconded to set the
rte, proposed millage rate at 2.9563 mills. Roll Call: Comm. Orthwein; AYE,
Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor
Koch; AYE.
3. Certification of Rolled Back Millage Rate
Commissioner Wheeler moved and Commissioner Anderson seconded to certify
the rolled back millage rate at 2.9563 mills. Roll Call: Comm.
Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler;
AYE and Mayor Koch; AYE.
4. Date of First Public Hearing for Tentative Budget Adoption
Commissioner Wheeler moved and Commissioner Devitt seconded to set the
date for first public hearing for tentative budget adoption on September
O
C'
Regular Meeting & Public Hearing
Town Commission
July 27 2007
Page 7
14th at 5:01 P.M. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE,
Comm. Anderson; AYE, Com. Wheeler; AYE and Mayor Koch; AYE.
5. Date of Second Public Hearing for Final Budget Adoption
Commissioner Wheeler moved and Commissioner Devitt seconded to set the
date for second public hearing for final budget adoption on September
25th at 5:01 P.M. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE,
Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE.
G. 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 10:10 A.M.
Yzonne E. Eckert, CMC
D uty Town Clerk