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HomeMy Public PortalAbout02/12/2010February 4, 2010 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, FEBRUARY 12, 2010 AT 9 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 January 7, 2010. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. March 12, 2010 @ 9 A.M. 2. April 9, 2010 @ 9 A.M. 3. May 14, 2010 @ 9 A.M. 4. June 11, 2010 @ 9 A.M. 5. July 9, 2010 @ 9 A.M. VII. Reports. A. Town Manager B. Architectural Review & Planning Board 1. Meeting Dates a. February 25, 2010 @ 8:30 A.M. b. March 25, 2010 @ 8:30 A.M. c. April 22, 2010 @ 8:30 A.M. d. May 27, 2010 @ 8:30 A.M. e. June 24, 2010 @ 8:30 A.M. O f. July 22, 2010 @ 8:30 A.M. C. Finance Director 1. Financial Report for January 2010 2. Water Usage as of January 31, 2010 D. Police Chief 1. Activity for January 2010 VIII. Correspondence. A. Resolution No. 09 -179 of the City Commission of the City of Boynton Beach, Florida, supporting Tri -Rail; providing for a suggested funding mechanism; providing for instructions to the City Clerk; providing for the adoption of representations; and providing for an effective date. B. Resolution No.09 -188 of the City Commission of the City of Boynton Beach, Florida, authorizing the City of Boynton Beach to initiate the negotiation process for an Interlocal Service Boundary Agreement between the City of Boynton Beach and Palm Beach County, pursuant to Chapter 171, Part II, Florida Statutes; providing that this resolution shall act as the required initiating resolution under Chapter 171.203, Florida Statutes; and providing for an effective date. C. Ordinance No. 2009 -049: An Ordinance of The Board of County Commissioners of Palm Beach County, Florida, providing for title; creating and establishing The Palm Beach County Office of Inspector General; Providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Code of Laws and Ordinances; providing for enforcement; providing for penalty; providing for captions; and providing for an effective date. AGENDA CONTINUED IX. Items for Commission Action. A. Amendment No. 1 to the Interlocal Agreement between The City of Delray Beach and the Town of Gulf Stream authorizing Delray Beach to collect the appropriate County impact fees for Town permits issued by the City. OB. Items by Mayor & 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 N MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, FEBRUARY 12, 2010 AT 9 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 Mayor. III. Roll Call. Present and Participating Absent with Notice 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 J. Ward John Randolph Mayor Vice -Mayor Commissioner Commissioner Commissioner Town Manager Town Clerk Police Chief Town Attorney IV. Minutes of the Regular Meeting of January 7, 2010. Vice -Mayor Orthwein moved and Commissioner Devitt seconded to approve the minutes of the Regular Meeting of January 7, 2010. There was no discussion. All voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. There were no changes to the agenda. VI. Announcements. A. Regular Meetings and Public Hearings 1. March 12, 2010 @ 9 A.M. 2. April 9, 2010 @ 9 A.M. 3. May 14, 2010 @ 9 A.M. 4. June 11, 2010 @ 9 A.M. 5. July 9, 2010 @ 9 A.M. Mayor Koch asked if there were any conflicts with the scheduled meeting dates. Commissioner Devitt said he may not be available for the April 9th Town Commission Meeting. VII. Reports. �) A. Town Manager Mr. Thrasher commented that the Consultant hired by the Town to research undergrounding was in Town this week. He said he is still gathering information and there is no report from the Consultant at this time. B. Architectural Review & Planning Board 1. Meeting Dates a. February 25, 2010 @ 8:30 A.M. b. March 25, 2010 @ 8:30 A.M. c. April 22, 2010 @ 8:30 A.M. d. May 27, 2010 @ 8:30 A.M. e. June 24, 2010 @ 8:30 A.M. f. July 22, 2010 @ 8:30 A.M. Regular Meeting and Public Hearing Town Commission - February 12, 2010 Page 2 Commissioner Devitt asked if there were any new applications for single family residences. Clerk Taylor said there may be one coming up and that there was discussion about a tear -down and rebuild. She said she did not know who was it was, but an Architect inquired about Commissioner Devitt's old house on Gulf Stream Road and Lakeview. Commissioner Devitt asked if the property had been sold or if it was on the market and Clerk Taylor said she had no knowledge of a listing or O sale. C. Finance Director 1. Financial Report for January 2010 Mr. Thrasher requested that the Financial Report be approved as submitted. Commissioner Devitt moved and Vice -Mayor Orthwein seconded to approve the Financial Report for January, 2010. There was no discussion. All voted AYE. 2. Water Usage as of January 31, 2010 No Discussion. D. Police Chief 1. Activity for January 2010 Chief Ward requested that the Activity Report for January 2010 be accepted as submitted. Commissioner Devitt asked Chief Ward if the golf cart situation has changed since the Town passed the Golf Cart Ordinance. Chief Ward said there has not been as much activity as before and, to some extent, the Police Department has been able to control such violations as kids towing skateboarders. Commissioner Devitt commented that a decrease in activity may be due to residents reading about the issue and getting the message. VIII. Correspondence. A. Resolution No. 09 -179 of the City Commission of the City of Boynton Beach, Florida, supporting Tri -Rail; providing for a suggested funding mechanism; providing for instructions to the City Clerk; providing for the adoption of representations; and providing for an effective date. B. Resolution No.09 -188 of the City Commission of the City of Boynton Beach, Florida, authorizing the City of Boynton Beach to initiate the negotiation process for an Interlocal Service Boundary Agreement between the City of Boynton Beach and Palm Beach County, pursuant to Chapter 171, Part II, Florida Statutes; providing that this resolution shall act as the required initiating resolution under Chapter 171.203, Florida Statutes; and providing for an effective date. C. Ordinance No. 2009 -049: An Ordinance of The Board of County Commissioners of Palm Beach County, Florida, providing for title; creating and establishing The Palm Beach County Office of Inspector General; Providing for repeal of laws in conflict; providing for severability; providing for inclusion in the Code of Laws and Ordinances; providing for enforcement; providing for penalty; providing for captions; and providing for an effective date. Clerk Taylor read the titles of Resolution No. 09 -179 and Resolution No. 09 -188 of the City Commission of the City of Boynton Beach and Ordinance No. 2009 -049 of the Board of County Commissioners of Palm Beach County, Regular Meeting and Public Hearing Town Commission - February 12, 2010 Page 3 stating that these items are for information purposes only, unless the Commission wanted to take some similar action. These items were made a part of the record. IX. Items for Commission Action. A. Amendment No. 1 to the Interlocal Agreement between The City of Delray Beach and the Town of Gulf Stream authorizing O Delray Beach to collect the appropriate County impact fees for Town permits issued by the City. Clerk Taylor read the title of the Amendment, stating that it is a housekeeping item and that the Town did not think the Amendment was necessary, but the City of Delray Beach wanted it. Mr. Thrasher said that the County was uneasy because nothing about the collection of County impact fees was mentioned in the Agreement with Delray Beach and they pushed for clarification. Commissioner Devitt asked if the Amendment was prepared by the County Attorney and reviewed and approved by the Town Attorney. Mr. Randolph confirmed that. B. Items by Mayor & Commissioners Mayor Koch said he was informed about the possibility of Federal funds being available for tree preservation and undergrounding overhead wires along AlA, which is considered a historical highway. He said he would continue to research and pursue the matter if that was acceptable to the Commission. The Commissioners said it would be a good idea. Vice -Mayor Orthwein asked if the Town had any control over the size and height of the proposed Seahorse project. Mayor Koch said that a developer who lives in the Town is interested in developing the property at high density and he is concerned that the County could allow a 10 to 12 -story building on the site, which would set a precedent. He said both Boynton Beach and the Town are honoring the Interlocal Agreement protecting development growth and height between the Town of Gulf Stream and the City of Boynton Beach. Mayor Koch asked Mr. Thrasher if he believed the County would respect that Agreement and Mr. Thrasher said they may not as they are not a party to the Agreement. He said that Palm Beach County Planning, Zoning and Building could potentially allow high density development on the property and may offer credits for height if the developer increased setbacks. Mayor Koch asked Mr. Thrasher if the credits are based on the height of a building or the height of a unit and Mr. Thrasher said that was not clear. Mayor Koch said the Town will have to see what the developer proposes. He said if the proposal is reasonable there will be no objections, but if not, the ^j Town will fight it. Commissioner Devitt said that the Florida Coalition for Preservation will most likely get involved in this matter. Mayor Koch announced that Mrs. Donna White has submitted her resignation from the Architectural Review and Planning Board. He said Mrs. White has been a member for five years and will be greatly missed. Commissioner Devitt asked about the ARPB membership and how many members and alternates need to be replaced. Clerk Taylor said that they are looking for one member and one alternate. Vice -Mayor Orthwein moved and Commissioner Devitt seconded to authorize the Mayor to send a letter to Regular Meeting and Public Hearing Town Commission - February 12, 2010 Page 4 Mrs. White thanking her for her service on the ARPB. There was no discussion. All voted AYE. X. Public. There were no Public Items. XI. Adjournment. Mayor Koch adjourned the meeting at approximately 9:15 A.M. C Gail C. Abbale Administrative Assistant