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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. 0 0 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