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