HomeMy Public PortalAbout04/09/2010April 1, 2010
MAYOR: William F. Koch, Jr.
VICE MAYOR: Joan K. Orthwein
COMMISSIONER: Muriel J. Anderson
Fred B. Devitt III
Chris D. Wheeler
OREGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, APRIL 9, 2010 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 March 12, 2010.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. May 14, 2010 @ 9 A.M.
2. June 11, 2010 @ 9 A.M.
3. July 9, 2010 @ 9 A.M.
4. August 13, 2010 @ 9 A.M.
5. September 10, 2010 @ 9 A.M.
VII. Reports.
A. Town Manager
1. Next Step for Undergrounding Utilities
B. Architectural Review & Planning Board
1. Meeting Dates
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.
C. Finance Director
1. Financial Report for March 2010
2. Water Usage as of March 31, 2010
D. Police Chief
1. Activity for March 2010
VIII. Correspondence.
A. Requesting Gulf Stream seriously consider annexation of the
County Pocket
1. William G. Dering - Ballantrae
2. David G. Frey, President of Ballantrae Condo Asssoc.
B. Resolution #2010 -02; A resolution of the Board of Directors
of the Palm Beach County League of Cities, Inc. in opposition
to the Federal Environmental Protection Agency's proposal to
enact new stringent numeric nutrient water quality standards
to be applicable for all lakes, flowing waters, Class III
Waters, and coastal waters throughout and adjacent to the
State of Florida as an amendment to 40 CFR, Part 131.43 and
the Clean Water Act, at Sec. 303(c); providing an effective
date; and for other purposes.
C. Resolution #1107; A resolution of the Town Council of the
Town of Bay Harbour Islands, Florida; urging the Florida
Legislature to provide each region of the State, including
Southeast Florida and Miami -Dade County, its fair share of
State funding based on where revenue is generated.
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AGENDA CONTINUED
IX. Items for Commission Action.
A. Designation of Voting Delegate &
B. Appointment of one member for the
X. Public.
XI. Adjournment.
Alternate- P.B.C. League
ARPB -Term ending Mar. 2012
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
NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL
NOTICE IS HEREBY GIVEN that the Architectural Review and
Planning Board of the Town of Gulf Stream will hold a Public
Hearing on Thursday, April 22, 2010 at 8:30 A.M., and the Town
Commission will hold a Public Hearing on Friday, May 14, 2010
at 9:00 A.M., both in the Commission Chambers of the Town Hall,
100 Sea Road, Gulf Stream, Florida, at which the following will be
considered:
An application submitted by Robert Fetrow of Gator
Engineering, agents for Michael and Mary McDonnell, owners of
property located at 7 Little Club Road, Gulf Stream, Florida,
legally described as Las Casitas, Inc., for the following:
1. SPECIAL EXCEPTION to permit addition of 179 sq. ft. to
an existing dwelling with a non - conforming setback.
2. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit 179
sq. ft. addition of a master bedroom and closet to an
Existing Bermuda style single story dwelling.
The Architectural Review and Planning Board shall make a
recommendation to the Town Commission, and the Town Commission
shall make a final decision regarding the subject application at
the meetings noticed above. These meetings may be adjourned from
time to time and place to place as may be necessary to hear all
parties and evidence.
The complete application materials are on file in the Office
of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida
33483, and may be reviewed during regular business hours, which
generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M.
ALL PARTIES INTERESTED IN THESE MATTERS may appear before the
Architectural Review and Planning Board and the Town Commission of
the Town of Gulf Stream at the times and place aforesaid and be
heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY
THE ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PUBLIC HEARINGS,
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. 286.0105, F.S.S.
Dated: April 7, 2010 TOWN OF GULF STREAM, FLORIDA
1
Rita L. Taylor, JKown Clerk
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN
COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, APRIL 9, 2010 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
Mayor.
III. Roll Call.
Present and
William
F. Koch, Jr.
Mayor
Participating
Joan K.
Orthwein
Vice -Mayor
Muriel J. Anderson
Commissioner
Chris D.
Wheeler
Commissioner
Absent with
Fred B.
Devitt, III
Commissioner
Notice
Also Present and
William
H. Thrasher
Town Manager
Participating
Rita L.
Taylor
Town Clerk
Garrett
J. Ward
Police Chief
Robert W. Ganger
G.S. Civic Assoc.
IV. Minutes of the Regular Meeting of March 12, 2010.
Commissioner Anderson moved and vice -Mayor Orthwein seconded to approve
the minutes of the Regular Meeting of March 12, 2010. There was no
discussion. All voted AYE.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
Town Clerk, Rita Taylor, added IX.C., Items by Mayor and Commissioners.
VI. Announcements.
Mayor Koch mentioned that staff was attempting to schedule a special
meeting of the Town Commission where Mayor Falcone of Jupiter Island
would be present to talk about the undergrounding of utilities in his
municipality. Town Manager Thrasher stated that staff was having
difficulty arranging a meeting because of the conflict in the
Commissioners' and Mayor Falcone's schedules. Mayor Koch asked if staff
could arrange for Mayor Falcone to attend the May Town Commission
Meeting.
A. Regular Meetings and Public Hearings
1. May 14, 2010 @ 9 A.M.
2. June 11, 2010 @ 9 A.M.
3. July 9, 2010 @ 9 A.M.
4. August 13, 2010 @ 9 A.M.
5. September 10, 2010 @ 9 A.M.
Commissioner Wheeler stated that he has a conflict with the June 11th
meeting. Commissioner Anderson stated that she may have a conflict with
the September 10th meeting.
VII. Reports.
A. Town Manager
1. Next Step for Undergrounding Utilities
Regular Meeting and Public Hearing
Town Commission - April 9, 2010
Page 2
Mr. Thrasher stated that the underground consultant, Danny Brannon, has
suggested that this project be brought back before the Commission to
find out if the they are interested in moving forward with this project.
He said the total project cost is estimated to be $4.6 million dollars,
approximately $18,000 to $22,000 per single family residence, which is a
complete as -built for all property owners. Mr. Thrasher said that, if
the Commission is interested in moving ahead, they need to make the
decision as to using a straw ballot or a referendum to determine whether
the majority of the residents are in favor of undergrounding. He said
this is a special assessment and will be handled as an individual
resident situation rather than a general obligation and the Town would
structure an assessment with the support of Palm Beach County via annual
property notices, where the resident could pay off the assessment within
5 years or in one payment.
Commissioner Wheeler asked why the Town would not do this by bond issue.
Mayor Koch thought it might be more economical to borrow from a
financial institution. Mr. Thrasher said the project cost is not big
enough for a bond issue. Commissioner Anderson stated that there are
residents who already have underground utilities. Vice -Mayor Orthwein
said that was one of the reasons for doing it as a special assessment.
Mr. Thrasher said the Town would do an RFP, a public advertisement for
funds that would not exclude private individuals having a desire to
convert their lower- earning investments into something supported by an
ad valorem tax structure, which would be a special assessment and in
effect would be a lien on the property. Commissioner Anderson stated
that Place Au Soleil already has underground utilities. Mr. Thrasher
said that no residents in Place Au Soleil will have to pay for this.
Vice -Mayor Orthwein said that those residents that get it will pay for
it.
Commissioner Wheeler asked about the contemplated mechanism since we
will be burying each individual resident's lines and the community
lines. He said those residents already having buried lines would have a
lower assessment than those residents who do not and anyone benefitting
from burying the community lines would pay for that. He asked what the
numerator would be; number of residents, taxable value of the home, lot
size, kilowatts hours used? Mr. Thrasher said the matter is open for
speculation and a consultant would complete a benefit analysis, which
the Town of Palm Beach has recently completed. He said it has not been
predetermined as to how the Town would allocate these costs, but it
'1 would be as close to an actual benefit to the residents as analysis and
numbers will allow. Mr. Thrasher said he would like the next step to be
for the Commission to determine whether they would like to go forward
with the project, which would include some type of notification to the
residents, and he would ask the Commission to allocate the sum of
$30,000 to the consultants to move ahead. Vice -Mayor Orthwein asked
where the $30,000 will come from and Mr. Thrasher said from undesignated
reserves.
Commissioner Wheeler moved and Vice -Mayor Orthwein seconded to go
forward with the project and to allocate $30,000 from unappropriated
funds to the consultants to continue their services.
Regular Meeting and Public Hearing
Town Commission - April 9, 2010 Page 3
Mr. Ganger stated that the Civic Association has agreed to pay a portion
of the cost and they will stand by their word. He said the Civic
Association has an additional $7,500 allocated from last year's plan
which they will contribute and, of course, they would like to work with
the consultants in a constructive way since they are the link to the
ultimate voters. Mr. Thrasher stated that the motion for $30,000 is
okay as stated. He said the utilization of the support of the Civic
C1 Association could be used as needed between the construction consultant,
Danny Brannon, and the benefit consultant which they may be able to
piggy -back.
There was no further discussion. All voted AYE.
Mr. Thrasher asked the Commission which method they would prefer to
notify the residents. He asked if they would prefer the straw ballot
mailing or referendum. The consensus of the Commissioners was the straw
ballot because it would give the Town a good idea as to how many
residents are in favor of this project. Mr. Ganger stated that a high
proportion will vote in favor. He asked Mr. Thrasher if Jupiter Island
had a referendum. Mr. Thrasher said they did, but a referendum is
expensive and the Town of Gulf Stream has already done an extensive
amount of research. Clerk Taylor stated that a referendum would take
much longer and it would be costly.
B. Architectural Review & Planning Board
1. Meeting Dates
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.
Clerk Taylor noted that the Architectural Review and Planning Board will
hold their April 22nd meeting.
C. Finance Director
1. Financial Report for March 2010
Mr. Thrasher requested that the Financial Report for March 2010 be
approved as submitted. Mayor Koch inquired about an item in the amount
of $982.50 paid to Harvel Utilities for cleaning the bird sanctuary and
he asked if that would be a typical expense. Vice -Mayor Orthwein asked
about the service provided by Harvel Utilities in the bird sanctuary.
Mr. Thrasher explained that this was a cooperative effort utilizing
three different sources of labor, but Harvel Utilities provided the
equipment needed to tie off the cuttings and cut the limbs to avoid the
cuttings from falling into the waterway. He said that Brian did all he
could before he asked for assistance. Mr. Thrasher said the Town cannot
ignore the sanctuary and there have been complaints in the past from
residents claiming the limbs are broken and hanging over the waterway so
it is an ongoing maintenance requirement and the Town will continue to
have to backfill. He stated that the Town tries to obtain donated
materials from the barge runners, FIND, etc., but it is a maintenance
expense that the Town plans for.
Mayor Koch asked what the Air Card Service is. Mr. Thrasher explained
that it is a police department item. He said the police communicate via
Regular Meeting and Public Hearing
Town Commission - April 9, 2010 Page 4
their laptops and the Air Card is installed into their laptops providing
WiFi or internet communication which allows them to do so. Chief Ward
mentioned that his Verizon will be reduced and will reflect in the next
Verizon billing. Commissioner Wheeler moved and Commission Anderson
seconded to approve the Financial Report for March 2010 as submitted.
There was no further discussion. All voted AYE.
2. Water Usage as of March 31, 2010
/1 The Commissioners acknowledged the Water Usage Report as of March 31,
2010.
D. Police Chief
Chief Ward mentioned that Officer Kluth, who has been with the
Department for six years, is retiring as of this date and is moving to
Kansas to be with his son who is very ill. Chief Ward said that a
replacement will start on Monday, April 12th. He said he is a very
experienced officer from Delray Beach.
1. Activity for March 2010
Chief Ward requested that the Activity Report for March 2010 be accepted
as submitted. Commissioner Anderson raised a question and stated that
she knows what a suspicious incident is, but asked about the suspicious
incident called Suspicious Incident /AOD P.B.S.O. Chief Ward explained
that "AOD" means "Assisted Other Department" and "P.B.S.O." means Palm
Beach Sheriff's Office. He said it is identified in that manner because
the Gulf Stream Police Department assisted the Palm Beach Sheriff's
Office on a call. The Activity Report for March 2010 was accepted as
submitted.
VIII. Correspondence.
A. Requesting Gulf Stream seriously consider annexation of the
County Pocket
1. William G. Dering - Ballantrae
2. David G. Frey, President of Ballantrae Condo Association
Mayor Koch stated that the Town has received many letters from residents
in the County Pockets requesting that they be annexed into our community
and he believes the next step would be for the Town to enter into
discussions with the City of Boynton Beach to find out whether they
would object to Gulf Stream annexing the pocket. He said the Town and
Boynton Beach are bound by an Interlocal Agreement (ILA) between them,
but Palm Beach County wants to get rid of the pockets and he would like
to find a way to work this out with Boynton Beach to enter into the
annexation procedure.
Commissioner Wheeler asked if someone would explain the ILA to him and
would like to know what it states the Town can and cannot do. He also
asked how it can be modified. Mr. Thrasher explained that the ILA
states that the Town of Gulf Stream would not attempt annexation in
return for Boynton Beach, if they were to annex that property,
maintaining a building height of 35' and a density of 6 units per acre.
Commissioner Wheeler summarized by saying that the Town of Gulf Stream
has agreed, in a previous interlocal agreement, that they would not
oppose Boynton Beach's annexation of that property as long as they
committed to perpetuity, being the building height of 35' and density of
Regular Meeting and Public Hearing
Town Commission - April 9, 2010
Page 5
6 units per acre. Mr. Thrasher added that in the ILA the Town waives
their rights to annexation.
Commissioner Wheeler asked what the process would be if the Town wanted
to modify that or did not want to be bound by the ILA any longer. Mayor
Koch said the Town would have to discuss that matter with the City of
Boynton Beach. Commissioner Wheeler asked what the Town's recourse
O would be if Boynton Beach refused. Mr. Thrasher felt that the
Commission should not discuss the matter at this time. Mayor Koch and
Vice -Mayor Orthwein agreed that these are all very good questions, but
the matter requires further investigation. Mayor Koch said that the
Town Manager will discuss the matter with the City and report back to
the Commission for further discussion. Vice -Mayor Orthwein added that
the Town may have to explore other options.
Commissioner Wheeler asked about the pros and cons of annexation and
said he felt that some of the pros would be tax base increases and more
control of the destiny of the land around us. He said some of the
negatives would be supplying services to areas where the Town has not
supplied services in the past, and the Town would be annexing areas with
different zoning. He asked what a potential negative might be. Vice -
Mayor Orthwein said that time share could be an issue. Mayor Koch added
that there are some buildings in the pockets that are non - conforming
and, through time, they would have to conform the zoning set for that
area. Mr. Thrasher said one pro is that many of those residents have
the same mindset as Gulf Stream of quality of life issues, which would
be helpful in controlling the density or the barrier islands. He said
the Town could also have an opportunity to establish a concept for the
barrier islands, such as a separate zoning district for that south
county pocket which would be compatible with, or similar to, Ocean Ridge
which, therefore, gives the Town a height plain throughout the barrier
islands, putting the Town in a bigger perspective as to destiny and
quality of life.
Commissioner Wheeler asked how many residents are currently living in
the south pocket. Mr. Ganger stated that, according to the Florida
Coalition, there are 121 current residential units in what is called the
south pocket because there is another called the surf pocket where the
Surfside Deli is located, each pocket being north or south of St.
Andrews, which is Boynton Beach. He said there are approximately 900
ocean feet in the south pocket and 9,000 in Gulf Stream. Mr. Ganger
explained that there are currently 121 residential units in the south
pocket, pending whatever happens at Seahorse, which is zoned for 42
residential units and, if Seahorse is built according to its original
plan, there will be an additional 42 units. Commissioner Wheeler asked
how many residential units there are in Gulf Stream. Mr. Ganger said
there are 500 residential units east of the Intracoastal and 90 in Place
au Soleil. Commissioner Wheeler figured that annexation of the south
pocket would generate a 20% increase of residential units in Gulf
Stream. Mr. Ganger said that, in terms of registered voters, there are
93 in that pocket, which tends to be more seasonal because it is
primarily multi - family with only 4 single family homes in that area. He
said there is an area there with 5 single family homes which are part of
Regular Meeting and Public Hearing
Town Commission - April 9, 2010 Page 6
Gulf Stream. Mr. Ganger said, in magnitude, it would add to the
population base of the Town and would literally be squaring it off on
the map.
Mayor Koch said the residents in the pocket do not want to be annexed by
Boynton Beach. Commissioner Wheeler asked if it would be a voluntary
annexation, and if so, does a voluntary annexation require 100% of the
O voters who vote? Mr. Thrasher said another possibility with regard to
voluntary annexation would be if Boynton Beach agrees and would like to
continue providing water and sewer for that area, annexation will become
more visible and the Town could then form their own ISBA, putting the
voting majority at 50% plus 1. Commissioner Wheeler asked if the Town
does not have their own ISBA, would 100% of Florida registered voters or
100% of the property owners be required. Mr. Ganger said the Statue is
clear in saying that if you engage in voluntary annexation every
property owner must agree, but under an ISBA, which is a precursor to
annexation, the Statute allows more flexibility. He said the Town must
have an ISBA first, which is nothing more than a resolution between the
Town, Boynton Beach and the County, with the Town being the initiator
and the County the acceptor. Mr. Ganger said that under the ISBA rules,
which the Town would set, you can dictate that it would be a straw
ballot with 50% plus 1 voting in favor. He added that you will never
get 100% of the property owners to agree to annexation. Mr. Thrasher
said the Commission should not talk about an ISBA right now because the
Town is still bound by the Interlocal Agreement, but it is an FYI at
this point and staff is looking for a sense of direction whether to
contact and discuss the possibility of modifying the Interlocal
Agreement with Boynton Beach. It was the consensus of the Commissioners
to discuss the matter with Boynton Beach and report back to the
Commission. Clerk Taylor said it may require a Special Commission
Meeting from time to time.
B. Resolution #2010 -02; A resolution of the Board of Directors
of the Palm Beach County League of Cities, Inc. in opposition
to the Federal Environmental Protection Agency's proposal to
enact new stringent numeric nutrient water quality standards
to be applicable for all lakes, flowing waters, Class III
Waters, and coastal waters throughout and adjacent to the
State of Florida as an amendment to 40 CFR, Part 131.43 and
the Clean Water Act, at Sec. 303(c); providing an effective
date; and for other purposes.
Clerk Taylor read the Resolution by title and stated that this was an
informational item and no Commission action is required. She said the
Palm Beach County League of Cities has gone on record that they are in
opposition and are letting us know they have done so.
C. Resolution #1107; A resolution of the Town Council of the
Town of Bay Harbour Islands, Florida; urging the Florida
Legislature to provide each region of the State, including
Southeast Florida and Miami -Dade County, its fair share of
State funding based on where revenue is generated.
Clerk Taylor red the Resolution by title and stated that this is an
informational item and no Commission action is required.
Regular Meeting and Public Hearing
Town Commission - April 9, 2010
Page 7
IX. Items for Commission Action.
A. Designation of Voting Delegate & Alternate- P.B.C. League
Clerk Taylor explained that this was done last year and the year before
where Mayor Koch was designated the Voting Delegate and the
Commissioners and Town Manager were the designated alternates. She
asked if the Commission would like to do the same this year. Vice -Mayor
Orthwein moved and Commissioner Anderson seconded to designate Mayor
O Koch as the Voting Delegate and the rest of the Commissioners and Town
Manager as Alternates. There was no further discussion. All voted AYE.
B. Appointment of one member for the ARPB -Term ending March 2012
This item will be discussed at the May Town Commission Meeting.
X. Public.
Mr. Ganger asked for clarification wherein at the last meeting the
Commission deferred discussion as to whether or not Gulf Stream would
participate in the West ISBA which deals with Boynton Beach's annexation
of pockets and enclaves west of the Intracoastal. He said he understood
that Gulf Stream would not participate in those discussions. Mr.
Thrasher said the Town has not been officially notified by Palm Beach
County that a resolution is necessary at this time, but he has been
invited to the meeting and plans to attend for various reasons. Mr.
Ganger said the Coalition is concerned about a pocket west of the
Intracoastal called the Tradewinds which borders Gulf Stream. He said
an ISBA should include LDRs as part of its discussion because they do
not want to talk about service agreements outside of the context of how
many people are going to be served. Mr. Ganger said that when an area
is annexed the LDRs can change from single family to mixed -use or multi-
family, which could change the population density in that area. He said
the Tradewinds, which is purely single family, is directly across the
Intracoastal from Gulf Stream and the Coalition is concerned that the
annexation will change the LDRs. Mr. Ganger said the Coalition will
participate in these discussions to make sure that the logical steps do
not lead to a change in the land development regulations and more
density directly across from Gulf Stream.
Mr. Thrasher asked reporters present at the meeting to state when their
next publication will be out. They said May 1st
XI. Adjournment. Vice -Mayor Orthwein moved and Commissioner Wheeler
seconded to adjourn the meeting. The meeting was adjourned at 9:40 A.M.
J
ail C. Abbale
Administrative Assistant