HomeMy Public PortalAbout09/11/2009MAYOR: 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
THE TOWN OF GULF STREAM ON FRIDAY, SEPTEMBER
IN THE COMMISSION CHAMBERS OF THE TOWN HALL,
FLORIDA.
AGFNDA
September 3, 2009
BY THE TOWN COMMISSION OF
11, 2009 AT 4:00 P.M.
100 SEA ROAD, GULF STREAM,
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes of the Regular Meeting of August 19, 2009.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Public Hearings
1. Tentative Budget Hearing 9 -11 -09 @ 5:01 P.M.
2. Final Budget Hearing 9 -23 -09 @ 5:01 P.M.
B. Regular Meetings
1. October 9, 2009 @ 9 A.M.
2. November 13, 2009 @ 9 A.M.
3. December 11, 2009 @ 9 A.M.
4. January 8, 2010 @ 9 A.M.
5. February 12, 2010 @ 9 A.M.
6. March 12, 2010 @ 9 A.M.
VII. Reports.
A. Town Manager
B. Architectural Review & Planning Board
1. Meeting Dates
a. September 29, 2009 @ 8:30 A.M.
b. October 22, 2009 @ 8:30 A.M.
C. November to be determined
d. December 29, 2009 @ 8:30 A.M.
e. January 28, 2010 @ 8:30 A.M.
C. Finance Director
1. Financial Report for August 2009
D. Police Chief
1. Activity in August 2009
VIII. Items for Commission Action.
A. Proposed Code Amendments
1. To regulate temporary storage facilities
2. Impose administrative costs for Code Enforcement Hearings
3. To prohibit discharge of firearms within the Town
9. To regulate golf carts and their use
B. Proposed Interlocal Agreement for issuance of Building
Permits & performing Building Inspections -City of Delray Bch.
C. Items by Mayor & Commissioners
IX. Public.
X. 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
N
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, SEPTEMBER 11, 2009 AT
4:00 P.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 4:00
P.M.
par
III
Mayor Koch called for a moment of silence in recognition of 9 -11.
Pledge of Allegiance. The Pledge of Allegiance was led by the
Mayor.
Roll Call.
Present and
Participating
Also Present and
Participating
William F. Koch, Jr
Joan K. Orthwein
Fred B. Devitt, III
Muriel J. Anderson
Chris D. Wheeler
William H. Thrasher
Rita L. Taylor
Garrett Ward
John Randolph
Mayor
Vice -Mayor
Commissioner
Commissioner
Commissioner
Town Manager
Town Clerk
Police Chief
Town Attorney
IV. Minutes of the Regular Meeting of August 14. 2009.
Commissioner Anderson requested a correction of her comment
concerning her support of the proposed 2% salary increases,
stating that she did not say she would not vote for salary
increases, but rather she would have trouble voting for salary
increases. Commissioner Devitt moved and Vice -Mayor Orthwein
seconded to approve the Minutes as corrected. All voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
There were no changes requested.
VI. Announcements.
A. Public Hearings
1. Tentative Budget Hearing 9 -11 -09 @ 5:01 P.M.
2. Final Budget Hearing 9 -23 -09 @ 5:01 P.M.
The Town Clerk noted the Final Budget Hearing date of 9 -23 -09 at
5:01 P.M.
B. Regular Meetings
1. October 9, 2009 @ 9 A.M.
2. November 13, 2009 @ 9 A.M.
3. December 11, 2009 @ 9 A.M.
4. January 6, 2010 @ 9 A.M.
5. February 12, 2010 @ 9 A.M.
6. March 12, 2010 @ 9 A.M.
The Town Clerk noted the scheduled regular meetings of the Town
Commission.
Regular Meeting & Public Hearing
Town Commission - September 11, 2009
VII. Reports
Page 2
A. Town Manager
The Town Manager stated that he had nothing to report.
B. Architectural Review & Planning Board
1. Meeting Dates
a. September 24, 2009 @ 8:30 A.M.
b. October 22, 2009 @ 8:30 A.M.
c. November to be determined
d. December 24, 2009 @ 8:30 A.M.
e. January 28, 2010 @ 8:30 A.M.
Mayor Koch noted the scheduled meetings of the Architectural
Review and Planning Board.
C. Finance Director
1. Financial Report for August 2009
The Town Manager requested that the Financial Report for August,
2009 be accepted as submitted. Vice -Mayor Orthwein asked Chief
Ward how often uniforms are cleaned. Chief Ward stated that the
Town is billed monthly for that service and the volume is
determined by the weather. Commissioner Anderson moved and Vice -
Mayor Orthwein seconded to accept the Financial Report as
submitted. All voted AYE.
D. Police Chief
1. Activity in August 2009
Chief Ward requested that the Activity Report for August, 2009 be
accepted as submitted. Commissioner Devitt asked Chief Ward if
there was one new officer and, if so, where is he from. Chief
Ward confirmed that there is one new officer from New York. The
Activity Report was accepted as submitted.
VIII. Items for Commission Action.
A. Proposed Code Amendments
Town Clerk Taylor stated that the proposed code amendments are
items which were previously discussed by the Commission without
conclusion.
1. To regulate temporary storage facilities:
The Town Clerk asked if the Commission wanted to regulate the
use of temporary storage, some of which are known as PODS,
and stated there are no such regulations in place at this
time. Mayor Koch mentioned the POD on the School's property
and suggested an ordinance to regulate the use of temporary
storage. Commissioner Devitt asked if the Town Code which
Jregulates boats, trailers and RVs could include temporary
storage. Mr. Randolph stated that the code could regulate
temporary storage if it was screened.
Commissioner Wheeler suggested that a reasonable time limit
be imposed. Ms. Taylor read portions of the Code referred to
by Commissioner Devitt which regulates the location and time
limits for boats, trailers and RVs to remain on a property.
Mr. Thrasher explained that the School intended to fill the
POD with classroom material, leave it on the property until
classroom renovations were complete and then unload the POD.
Regular Meeting & Public Hearing
Town Commission - September 11, 2009
Page 3
The Town learned that the intended use of a POD is to have it
delivered, load it, have it removed to a POD storage facility
and then re- delivered to unload it. Ms. Taylor said that the
Town fell back on a section of the Code regulating storage
buildings which states that metal storage sheds are not
allowed. Ms. Taylor said that the content of this section is
not strong enough to include the regulation of temporary
storage, but suggested modifying the section to include it.
The Commissioners agreed to set the time limit allowing a
temporary storage unit to remain on a property to a one -week
period and directed Mr. Randolph to prepare an ordinance for
the next meeting. Commissioner Devitt suggested that the
ordinance include language which would encompass more than
just PODS.
2. Impose administrative costs for Code Enforcement Hearings:
The Town Clerk noted that during a recent Commission Meeting,
Commissioner Wheeler suggested that the property owner be
assessed for costs if the Town wins their case. Presently,
there are no mandatory fees to cover the hearing, only fines
that may be imposed by the Special Magistrate. The Town
recommends a mandatory fee of $150. Mr. Randolph said that
he will prepare an ordinance allowing the Town to charge the
property owner a mandatory fee of $150 to cover the
administrative costs in addition to any daily fines imposed
by the Special Magistrate, in the event the Town wins their
case in a Code Enforcement Hearing. The Commission directed
Mr. Randolph to prepare an ordinance for the next meeting.
3. To prohibit discharge of firearms within the Town:
The Town Clerk explained that when the Town adopted an
ordinance to permit and regulate fireworks, the Town lost the
portion that prohibited discharging firearms. Chief Ward
commented that for liability purposes, prohibiting the
discharge of firearms should be reinstated. The Commission
directed Mr. Randolph to prepare an ordinance prohibiting the
discharge of firearms within the Town for the next meeting.
4. To regulate golf carts and their use:
Vice -Mayor Orthwein suggested that Chief Ward comment on this
matter since the Police Department will enforce it. Mayor
Koch asked Mr. Randolph if he had drafted an ordinance for
^ review. Mr. Randolph said he wanted the Commission to review
Jthe list of possible regulations and decide which of those
would be incorporated into an ordinance.
Vice -Mayor Orthwein asked how this would be enforced. Chief
Ward said that some regulations will fall under State Statute
and are easily enforced by issuing citations. Regulations
added in Section 8 of the Statute must be enforced by an
ordinance. Mr. Randolph said it could come under Code
Enforcement as a violation under Part II of Code Enforcement
with a specific fine attached. If an individual does not
want to pay the fine, the Town could summon them to come
Regular Meeting & Public Hearing
Town Commission - September 11, 2009
Page 9
before the Special Magistrate. Chief Ward stated that the
Town would like to be restrictive rather than punitive.
Chief Ward stated that the speed limit on the Town's streets
and roads is 20 MPH. The Commissioners discussed golf cart
safety issues, including, speeding and golf carts that are
made to operate at a higher speed than the 20 MPH limit,
O passenger overload, children riding on golf carts without
seatbelts and in a dangerous manner, leashed dogs being towed
by golf carts, driving golf carts after dark without proper
lighting and equipment, using golf carts to drive children to
school, underage drivers operating golf carts, and issues
that could arise as a result of regulation.
The Town would like golf carts to be registered, which would
require proof of insurance, and would like to include a Hold
Harmless clause as part of the registration. Mr. Randolph
said that a Hold Harmless may not be enforceable. Ms. Taylor
stated that one or more of the ordinances reviewed by she and
Chief Ward included a Hold Harmless written into the
registration. Mr. Randolph said he would look into the Hold
Harmless matter and will work with the Town to incorporate
their recommended regulations into an ordinance.
Commissioner Devitt asked if the Town had a regulation in
place for driving golf carts after dark. Mr. Randloph read
the regulations currently in place, which are: Golf cart
operators must be in possession of a valid driver's license;
golf cart drivers must observe all traffic rules and
regulations applicable to drivers of any other motor vehicle;
and, a maximum speed on specific streets is listed.
Mr. Randolph stated that he did not sense a consensus for all
of the regulations discussed. Commissioners expressed that
their main concern was safety for children driving or as
passengers on golf carts. Mr. Randolph stated that all he
needed to know from the Commissioners, from a policy
standpoint, is whether or not they were in favor of more
regulations relating to the use of golf carts and, if so, he
will come back to the Commission with what can be enforced
^ and what cannot.
JThe Town Manager stated that this item was brought back to
the Commission for the purpose of choosing which of the
listed regulations they would like to have incorporated into
an ordinance regulating the use of golf carts. Mr. Thrasher
recommended that this item be tabled for further discussion
at the next Commission Meeting. Mr. Randolph said he would
draft an ordinance to be edited at the next Commission
Meeting. Commissioner Devitt moved and Commissioner Anderson
seconded the motion to table the matter of regulating the use
Regular Meeting & Public Hearing
Town Commission - September 11, 2009
Page 5
of golf carts until the next Commission Meeting. All voted
AYE.
B. Proposed Interlocal Agreement for issuance of Building
Permits & performing Building Inspections -City of Delray Bch.
The Town Clerk stated that she forwarded a memo to the Commission
concerning the Proposed Interlocal Agreement with the City of
Delray Beach for Building Permits & Inspection, stating the Staff
is recommending that the Agreement be executed. Commissioner
Devitt stated that he read about this in the paper. Commissioner
Wheeler asked how the City of Delray is paid for this service.
Ms. Taylor said the Town pays nothing, the permit fees pay for
the service. Mayor Koch and the Commissioners believe that this
arrangement will benefit in many ways. Vice -Mayor Orthwein moved
and Commissioner Devitt seconded to approve the execution of the
Interlocal Agreement between the Town of Gulf Stream and the City
of Delray Beach for Building Permits and Inspection. All voted
AYE.
C. Items by Mayor & Commissioners
There were no items by the Mayor or Commissioners.
IX. Public. There was no public comment.
X. Adjournment.
Mayor Koch adjourned the meeting at approximately 5:00 P.M.
ail C. Abbale
Administrative Assistant