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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