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HomeMy Public PortalAbout06/11/2010June 3, 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, JUNE 11, 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 5- 14 -10. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. July 9, 2010 @ 9 A.M. 2. August 13, 2010 @ 9 A.M. 3. September 10, 2010 @ 9 A.M. 4. October 8, 2010 @ 9 A.M. 5. November 12, 2010 @ 9 A.M. 6. December 10, 2010 @ 9 A.M. B. Proclamation for "Florida Water Professionals Week" VII. Reports. A. Town Manager 1. Development of "Sea Horse" property update 2. Annexation consideration update B. Architectural Review & Planning Board 1. Meeting Dates a. June 24, 2010 @ 8:30 A.M. O b. July 22, 2010 @ 8:30 A.M. c. September 23, 2010 @ 8:30 A.M. d. October 28, 2010 @ 8:30 A.M. e. To be determined f. To be determined C. Finance Director 1. Financial Report for May 2010 2. Water Usage as of May 31, 2010 D. Police Chief 1. Activity for May 2010 VIII. Items for Commission Action. A. Request to extend private sewer line -G. S. Homeowners Improvement Association, Inc. B. Request for approval of allocation of FY2011 Justice Assistance Grant from Criminal Justice Commission C. RESOLUTION NO. 010 -3; a Resolution of the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, agreeing to rescind the Interlocal Agreement between the Town of Gulf Stream and the City of Boynton Beach dated September 7, 2004 regarding annexation of unincorporated properties subject to the City of Boynton Beach agreeing to the rescission of said Interlocal Agreement; providing an effective date. D. Items by Mayor & Commissioners AGENDA CONTINUED 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 14 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, J= 11, 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 Fred B. Devitt, III Commissioner Absent w /Notice Chris D. Wheeler Commissioner Also Present and William H. Thrasher Town Manager Participating Rita L. Taylor Town Clerk Garrett J. Ward Police Chief IV. Minutes of the RegUlar Meeting of 5- 14 -10. Commissioner Anderson noted an error on Page 2, Item VI.C. regarding her absence from an upcoming Town Commission Meeting. Her correct statement was that she would not be available for the September 10th meeting. Clerk Taylor said the September 10th meeting date may change because it is budget time and the Commission tries to hold both meetings on the same day. She said the September meeting date cannot be confirmed until Palm Beach County and the School Board schedule their budget meeting dates, which may be available by the Commission's July meeting. The Mayor asked Clerk Taylor to keep them advised. Commissioner Devitt moved and Vice -Mayor Orthwein seconded to approve the minutes of the Regular Meeting of May 14, 2010 with one correction. There was no further discussion. All voted AYE. V. Additions, withdrawals, deferrals, arrangement of agenda items. Clerk Taylor stated that Item VIII.0 would be withdrawn from the agenda at this time and Item VII.A.1.a, Letters to the Mayor from Ballentrae and Bellamar House Condominium Associations will be added to the agenda. VI. Announcements. C; A. Regular Meetings and Public Hearings 1. July 9, 2010 @ 9 A.M. 2. August 13, 2010 @ 9 A.M. 3. September 10, 2010 @ 9 A.M. 4. October 8, 2010 @ 9 A.M. 5. November 12, 2010 @ 9 A.M. 6. December 10, 2010 @ 9 A.M. Clerk Taylor noted that Commissioner Devitt had previously stated he would not be available for the July 9th meeting and Commissioner Anderson had previously stated she would not be available for the September 10th meeting. She asked if there any schedule changes or additional conflicts. There were none. Regular Meeting and Public Hearing Town Commission - June 11, 2010 Page 2 B. Proclamation for "Florida Water Professionals Week" Clerk Taylor stated that the Mayor's Proclamation proclaiming August 16 through 20, 2010 as "Florida Water Professionals Week" does not require Commission action and is for the Mayor's signature only. VII. Reports. C) A. Town Manager 1. Development of "Sea Horse" property update Town Manager Thrasher stated that the Mayor has met several times with the developer of the proposed Sea Horse Project 4001 and stated he was present for one of those meetings, and on June 10th Mayor Koch, Clerk Taylor and he met with the Director of Redevelopment (DRO) of the Palm Beach County Planning & Zoning Department. Mr. Thrasher said the Town has received considerable feedback from residents in the unincorporated area and in Gulf Stream who are concerned that the size, height and mass of the project are in opposition with what the future of the barrier island should look like. He said these concerns were made known at that meeting and there will be follow up meetings, discussions and letter writing concerning this matter in the near future. Mr. Thrasher said that staff reports for this project are due somewhere around June 14, 2010 for review by the DRO, who has the responsibility of approving or disapproving the proposal, and the DRO's decision is due somewhere around July 14, 2010. He said some key items concern the height of various LDRs on the barrier island from Delray Beach to Ocean Ridge where the highest structure, excluding the County pocket, is somewhere around 44 feet. Mr. Thrasher said the height of this project is still unknown or in dispute, but it looks like it is in the range of 70 to 90 feet. He said the Town feels that the height is incompatible with the area and they will make that position known to the various regulating agencies. Mayor Koch said the Town suggested open hearings concerning this project, but the County and the developer are using a "fast track" approval process for this proposal which is making it difficult for the Town to get their concerns heard. Mr. Robert Ganger spoke on behalf of the Florida Coalition who met with the same people two days prior to staff. He said it is understating to say this deserves fast track approval because it defines a minor site plan modification. He said it is the site plan that is being approved, not the final design of the building, but once the site plan is O approved, it will limit what the Town can do about the final design. Mr. Ganger said this is a massive change versus what was there originally and it is a substantial change from what was proposed back in 2006 when it became a development that went bankrupt. He said the Coalition made it clear that, if necessary, they would pursue legal remedies to determine whether or not this is justified as a minor site plan modification, not requiring public input. Mr. Ganger said the residents in the County pocket who are most affected by this project are asking what they can do as citizens to let the County know they do not appreciate what is being done or how it is being done. He said they have support from their Gulf Stream neighbors and will continue to put pressure on the County to determine whether or not the plan can be Regular Meeting and Public Hearing Town Commission - June 11, 2010 Page 3 changed to be consistent with County and State policy to move populations away from high hazard coastal areas. Mr. Ganger said it is the Coalition's goal that, over time, the population will stabilize or decline on the barrier island so those who live there can enjoy it and be safer in the event of hurricanes and so forth. a. Letters to the Mayor from Ballantrae and Bellamar House Condominium Associations Clerk Taylor read the letters addressed to Mayor Koch from David G. Frey, President of the Ballantrae Condominium Association, and from Bellamar House Condominium Association into the record. The letters express opposition to the proposed Sea Horse Project 4001 addressing the proposed elevations of the project and the potentially serious drainage issues which could develop as a result. They also express concern regarding the density of the project and the fact that the design is not consistent with surrounding buildings on the barrier island. Mayor Koch said the Town will closely follow what the County does in this matter and will take any action necessary to protect the community. 2. Annexation consideration update Mr. Thrasher said a Memorandum and Report from Urban Design Kilday Studios regarding possible annexation processes available for unincorporated enclave properties was included in the meeting packet and hoped everyone had an opportunity to read it. He said the report includes a recommendation for moving forward in this matter and he will be asking for Commission approval to proceed as recommended. Mr. Thrasher said the report is extensive and accurate and provides the proper information putting the Town in the arena for annexation. He said the recommendation presented by Urban Design Kilday Studios is also staff's recommendation and he requests to proceed in this manner. Mr. Thrasher read the recommendation, as follows: "It is recommended that the Town move forward with coordination with the various condominium boards and unit owners and the individual parcel owners to obtain voluntary annexation agreements. Prior to meeting with property owners within the enclave, the Town should prepare information on the benefits and costs associated with annexation. The voluntary annexation process appears to incur the least amount of costs and parcels immediately contiguous to the current Town boundaries could be annexed as 100% participation is achieved. Should, however, 100% consent become problematic, the Town would be on its way to having the necessary 51% consent necessary to annex via a completed ISBA. The completion of the tasks necessary to effectuate the ISBA could be done concurrently with the efforts to obtain the property owners' consent." Mr. Thrasher said that this is what staff recommends and is asking the Commission to direct staff to proceed in this manner. vice -Mayor Orthwein moved and Commissioner Anderson seconded to proceed as recommended. There was no further discussion. All voted AYE. Regular Meeting and Public Hearing Town Commission - June 11, 2010 Page 4 B. Architectural Review & Planning Board 1. Meeting Dates a. June 24, 2010 @ 8:30 A.M. b. July 22, 2010 @ 8:30 A.M. c. September 23, 2010 @ 8:30 A.M. d. October 28, 2010 @ 8:30 A.M. e. To be determined f. To be determined Mayor Koch stated that the ARPB is still in need of another member and asked Commissioner Anderson if she was successful in recruiting anyone. Commissioner Anderson said she was not. She explained that she recently approached a husband and wife in Place Au Soleil and thought either one would be very good, but they did not get back to her with an answer. Commissioner Anderson said she wanted to approach Alternate Member Malcolm Murphy about moving up to a Regular Member. Mayor Koch felt that an alternate should be in place first. Clerk Taylor asked if the Commission would accept Mr. Murphy as a Regular Member if he agreed. The consensus was that they would accept Mr. Murphy as a Regular Member. C. Finance Director 1. Financial Report for May 2010 Mr. Thrasher asked that the Financial Report for May 2010 be approved as submitted. Commissioner Anderson was interested in the Animal Tracking item on page 5. Mr. Thrasher said he would prefer that residents take care of this matter on their property at their expense, but there are feral cats in Town and the number is unknown. He asked Chief Ward to comment. Chief Ward said there was a report of a new litter of cats at the usual location, but beyond that there has not been an increase of the number of cats. Commissioner Anderson asked if tracking is done periodically and Mr. Thrasher said it is done on a regular basis. Commissioner Devitt asked if it is a monthly expense and Mr. Thrasher said it is. Clerk Taylor said they will trap for a couple of weeks and then no tracking will be done for a month, but it is done as needed. Mr. Thrasher stated that the payment has been consistent and offered to provide a report to the Commissioners showing how much has been spent on tracking in this fiscal year. He also offered to provide a full tracking report at the next Commission Meeting. Vice -Mayor Orthwein moved and Commissioner Devitt seconded to approve the Financial Report for May 2010. 2. Water Usage as of May 31, 2010 Mr. Thrasher noted that the Water Usage Report was included in the packet. �) D. Police Chief 1. Activity for May 2010 Chief Ward requested that the Activity Report for May 2010 be accepted as submitted. The Activity Report was accepted as submitted. VIII. Items for Commission Action. A. Request to extend private sewer line -G. S. Homeowners Improvement Association, Inc. Mr. Thrasher explained that the private sewer line extension would occur in the Town's right -of -way, moving the line further south to accommodate a new resident whose house will be under development. He said the owner Regular Meeting and Public Hearing Town Commission - June 11, 2010 Page 5 and Mr. O'Neal have requested this and since it is in the Town's right - of -way and he had been given previous direction to bring this back to the Commission, the project cannot be done without Commission approval. Commissioner Devitt asked if they will bore underneath the road and Mr. Thrasher said it should be done by boring under the road, but he has not gotten into that part of it yet. Vice -Mayor Orthwein said she thought the Commission previously decided they would not extend the sewer line O until all maintenance has been done and brought up to date. Mr. Thrasher said that everything has been brought up to date, he has checked with Harvel Utilities and they report that everything is in line. He said there will be other issues that will require approval by Boynton Beach after the Commission's approval. Commissioner Devitt asked if the extension was to bring just one property on line and Mr. Thrasher confirmed that. Vice -Mayor Orthwein asked if all of the maintenance has been done and if their generator is up to date. Mr. Thrasher said they watch it from time to time and there is no indication that their maintenance is not being done. He said the Town held their hurricane disaster meeting and he spoke with the maintenance company at that time and they believe they are doing a good job. Mayor Koch said the clubs, the sewer organization and others that participated in the meeting have everything in place to protect the Town in the event of a hurricane disaster. Vice -Mayor Orthwein moved and Commissioner Anderson seconded to approve the extension of the private sewer line as designed. There was no further discussion. All voted AYE. B. Request for approval of allocation of FY2011 Justice Assistance Grant from Criminal Justice Commission Commissioner Devitt asked what action the Commission is expected to take on this item. Clerk Taylor said this item comes around annually and explained that Palm Beach County requires 51% of its population to agree on this allocation in order for this to happen. She said, if the Commission approves, a letter from the Mayor supporting the allocation of funds will be sent to the Florida Department of Law Enforcement Office of Criminal Justice Grants. Commissioner Anderson asked about the Weed & Seed Program. Chief Ward said that the Palm Beach County Criminal Justice Commission sponsors a program that goes into blighted areas of municipalities, they redo the housing and there is an established community leasing group that stays in the community., He said about $100,000 goes into this project and there are matching funds and federal dollars that pay for this program. C Commissioner Anderson asked Chief Ward if this program works. Chief Ward said it works to an extent. He said if you look at the areas they work with, there is an improvement. Vice -Mayor Orthwein moved and Commissioner Devitt seconded to approve sending a letter signed by Mayor Koch in support of the allocation of these funds to the Florida Department of Law Enforcement Office of Criminal Justice Grants. There was no further discussion. All voted AYE. C. RESOLUTION NO. 010 -3; a Resolution of the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, agreeing to rescind the Interlocal Agreement between the Town of Gulf Stream and the City of Regular Meeting and Public Hearing Town Commission - June 11, 2010 Page 6 Boynton Beach dated September 7, 2004 regarding annexation of unincorporated properties subject to the City of Boynton Beach agreeing to the recission of said Interlocal Agreement; providing an effective date. - This item has been withdrawn from the agenda. D. Items by Mayor & Commissioners - There were none. IX. Public. �J On behalf of the Gulf Stream Civic Association, Mr. Robert Ganger said �J they are willing to pay a small stipend of approximately $1000 toward any additional cost of the undergrounding study and estimate already in progress in the event the Town decides to include extending the line up AlA through the County pocket to St. Andrews. Mayor Koch thought that this may appear to be an intrusion in the County's business. Mr. Ganger said it would be the Town's call, but that portion did not have to entail contacting anyone or knocking on doors. Mr. Thrasher said that annexation, as it relates to providing services to the annexed area, requires that this service be made available to the annexed area and, because of that, the Town has asked the consultants how it will affect the cost of the project. He said the Town is hoping this additional information will be provided at a minimal cost or no cost. Mr. Thrasher said he was not aware that Mr. Ganger was going to make this presentation, however, in the event the cost exceeds the amount budgeted for this study, it is good to know that the Civic Association will contribute. He said the preliminary information from both the undergrounding study as well as the Assessment Benefit Analysis points to the fact that there could be economy scales or synergistic benefits and if so, and in the event the Town decides to go to underground, it will benefit the Gulf Stream residents by reducing the cost. Mr. Thrasher said there seems to be a very strong indication that the Town was going in the direction of annexation and thought it was a good management concept to pull in the additional information. He explained that if they had not done this it could have created additional problems because of their requirements with concurrency for the annexed area. Mr. Ganger said the offer is on the table. Vice - Mayor Orthwein thanked the Civic Association for their offer. Clerk Taylor stated that this information will be useful because regardless of which method the Town uses for the annexation process, it will require a study of how the Town will provide services and the cost of the services to be provided. X. Adjournment. Commissioner Devitt moved and Commissioner Anderson seconded to adjourn. The meeting was adjourned at approximately 9:40 A.M. Gail C. Abbale Administrative Assistant