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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