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Home My Public Portal About09/14/2007September 7, 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, SEPTEMBER 14, 2007 @ 4:00 P.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 August 17, 2007. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. September 14, 2007 @ 5:01 P.M.- Tentative Budget Hearing 3. September 25, 2007 @ 5:01 P.M.- Final Budget Hearing 4. October 12, 2007 @ 9:00 A.M. 5. November 9, 2007 @ 9:00 A.M. 6. December 14, 2007 @ 9:00 A.M. B. Introduction of Delray Beach Fire Chief VII. PUBLIC HEARING. A. Application for an Appeal of Administrative Decision 1. An application submitted by Joseph & Carolann Spadafora, owners of the property located at 2710 Cardinal Circle, Gulf Stream. Florida, legally described as Lot 11 in Place Au Soleil Subdivision. a. APPEALING THE ADMINISTRATIVE DECISION OF TOWN MANAGER regarding the Building Permit Fee charged for the construction of a pergola at the above address. VIII. Reports. A. Town Manager 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 15, 2007 @ 8:30 A.M. d. December 27, 2007 @ 8:30 A.M. C. Finance Director 1. Financial Report for August 2007 2. Presentation of Audit 2005 /2006 - Nowlen, Holt & Miner D. Police Chief 1. Activity for August 2007 IX. Items for Commission Action. A. FPL proposed relocation of 5 utility poles RE: FDOT project B. Request to amend Annexation Interlocal Agreement - Boynton Bch. 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, SEPTEMBER 14, 2007 @ 4:00 P.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. P.M. Mayor Koch called the meeting to order at 4:00 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 IV. Minutes of the Regular Meeting of August 17, 2007. Commissioner Anderson moved and Commissioner Devitt seconded that the minutes be approved as circulated and all voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Town Clerk Taylor requested that Item VII.A.1., be withdrawn and placed on the October agenda due to illness in the applicant's family. There were no objections. VI. Announcements. A. Regular Meetings and Public Hearings 1. September 14, 2007 @ 5:01 P.M.- Tentative Budget Hearing 3. September 25, 2007 @ 5:01 P.M.- Final Budget Hearing 4. October 12, 2007 @ 9:00 A.M. 5. November 9, 2007 @ 9:00 A.M. 6. December 14, 2007 @ 9:00 A.M. Mayor Koch announced these dates. Commissioner Wheeler reminded that he would be available by phone for the September 25th meeting. B. Introduction of Delray Beach Fire Chief Town Manager Thrasher introduced Fire Chief David James who replaced Oretired Chief Kerry Koen, effective September 1, 2007. He added that Chief James is a 30 -year veteran of the Miami -Dade Fire Rescue Department, retiring in 2004. Chief James thanked the Commission for the opportunity to serve the town and provided a brief description of his background. VII. PUBLIC HEARING. A. Application for an Appeal of Administrative Decision 1. An application submitted by Joseph & Carolann Spadafora, owners of the property located at 2710 Cardinal Circle, Gulf Stream. Florida, legally described as Lot 11 in Place Regular Meeting & Public Hearing Town Commission September 14, 2007 Page 2 Au Soleil Subdivision. a. APPEALING THE ADMINISTRATIVE DECISION OF TOWN MANAGER regarding the Building Permit Fee charged for the construction of a pergola at the above address. This item was withdrawn. O VIII. Reports. A. Town Manager Town Manager Thrasher reported that the FDOT roadwork was expected to begin September 17th for a period of 30 days. 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 15, 2007 @ 8:30 A.M. d. December 27, 2007 @ 8:30 A.M. Mayor Koch announced these dates. C. Finance Director 1. Financial Report for August 2007 delayed and is The Town Manager asked that the financial report be submitted, if there were no questions and there were none. accepted as Commissioner Orthwein moved and Commissioner Devitt seconded to approve the financial report. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. 2. Presentation of Audit 2005 /2006 - Nowlen, Holt & Miner Mr. Thrasher introduced Ron Bennett from Nowlen, Holt & Miner. He also thanked Linda Harvel for her assistance with the audit. Mr. Bennett presented the 2005/2006 audit and explained that the audit was conducted in accordance with Government Auditing Standards. He stated that the town has no substantial debt and that there is a reasonable reserve fund balance. The audit is very clean with one comment that the Commission approved a budget adjustment more than sixty days beyond the fiscal year end, contrary to Florida Statutes 166.241(3), which anyone is hardly aware of. The comment was discussed and addressed with the town manager. He further stated that this is the cleanest audit of any that he does and especially gave credit to Mr. Thrasher for his fiscal expertise. CCommissioner Anderson moved and Commissioner Orthwein seconded tc approve the 2005/2006 audit. Roll Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Anderson; AYE, Comm. Wheeler; AYE and Mayor Koch; AYE. D. Police Chief 1. Activity for August 2007 Chief Ward asked that the reports be accepted as submitted if there were no questions and there were none. IX. Items for Commission Action. A. FPL proposed relocation of 5 utility poles RE: FDOT project Regular Meeting & Public Hearing Town Commission September 14, 2007 Page 3 Mr. Thrasher reminded the Commission of the five light poles that FP &L installed 18' from the pavement edge, without notifying the town. He also reminded the Commission of discussions about the possibility of undergrounding the utility lines. Tony Newbold, representative from FP &L, explained that FDOT requested O that the poles be placed 18' back away from the edge of the pavement in order to mill and repave the road. He stated that the poles were placed close to the Australian pine trees and would require some trimming. However, trimming of the trees would be minimal and would not damage them. He stated that if the town could not agree to this, the other alternative would be to underground the lines in that section and consider it a phase of the overall undergrounding. He added that over the years, FP &L maintained the trees, growth retardant was applied to them, and they would not get the canopy effect that the town desires in that section. Vince Nocera, representative from FP &L, stated that FP &L did not advise the town of the installation of the poles because they are on the FDOT plan, a copy of which was given to the town. Mr. Thrasher stated that the town's arborist concluded that the poles are too close to the Australian pine trees and that the drastic trimming required would damage them. FDOT had advised that FP &L could apply for a special exception to place the poles 5' closer to the edge of the road. He added that the Commission has always considered undergrounding but he believes that it is FP &L's responsibility to underground the lines in that section if they decide not to apply for a special exception. Mr. Thrasher reminded that the town's attorney was directed to draft an injunction to be filed if any further work is commenced until the matter is settled. Commissioner Orthwein asked if a special exception were requested, would trimming the tree be necessary. John Lear, representative from FP &L, stated that trimming would still be necessary, but on a smaller scale. Mayor Koch asked for the cost of undergrounding in that section. GMr. Newbold stated that the estimated cost is about $110,000. Town Manager Thrasher stated that he could have the arborist inspect the trees again. The Commission directed that FP &L mark the branches to be trimmed so the town's arborist could make a decision if the trimming would damage the trees. B. Request to amend Annexation Interlocal Agreement - Boynton Bch. Mayor Koch reminded that in 2004 the town entered an Interlocal Agreement (ILA) with the City of Boynton Beach to forego any future annexation in the area along AlA south of Woolbright Road. In return, Regular Meeting & Public Hearing September 14, 2007 Town Commission Page 4 the City of Boynton Beach agreed to insure that future construction developments would not exceed six dwelling units per acre, and that the height of the structures would not exceed 35 feet. The City of Boynton Beach is requesting that the town amend the ILA to provide for development standards, more in keeping with those of Palm Beach County. The reason for the request is due to the fact that a redevelopment for the Sea Horse property has been approved by the County. Water is provided in this area from Boynton Beach. Due to the ILA, Boynton has not agreed to supplying the water and the project cannot move forward. The Commissioners agree to amend the ILA to allow twelve dwelling units per acre and a maximum height of the structures of 40 feet, provided that there are no variances or special exceptions available to increase these provisions or regulations. X. Public. There were no comments from the public. XI. Adjournment. Mayor Koch adjourned the meeting at 5:00 P.M. Y nne E. Eckert, CMC D uty Town Clerk