HomeMy Public PortalAboutPRR 15-1822RECORDS REQUEST (the "Request ")
Date of Request: 3/16/2015
Requestor's Request ID#: 1076
REQUESTEE: Custodian of Records Town of Gulf Stream
REQUESTOR. Martin E. O'Boyle
REQUESTOR'S CONTACT INFORMATION: E -Mail: records @commerce- group.com
Fax: 954- 360 -0807 or Contact Jill Mahler, Records Custodian at imohler6 commerce- IlrouD.com:
(954) 570 -3507; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST:
Provide copies of all text messages and E -Mails either authored by Patsy
Randolph or received by Patsy Randolph for the period beginning January
1, 2014 through the date ot this Kequest.
ADDITIONAL INFORMATION REGARDING REQUEST:
THIS REQUEST IS MADE PURSUANT TO ARTICLE 1, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119,
FLORIDASTATUTES
IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE
PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED.
SEE 4119.0100). FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS
RECORDS REQUEST BE FULFILLED ON I I X 17 PAPER. NOTE: IN ALL CAE (UNLESS IMPOSSIBLE) THE COPIES
SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2)
ALSO PLEASE TAKE NOTE OF 4119.07(I)(H) OF THE FLORIDA STATUTES, WHICH PROVIDES THAT "IF A CIVIL ACTION
IS INSTITUTED WITHIN THE 30 -DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO
THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY
ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES."
ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BYE MAIL DELIVERY.
PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE.
It will he required that the Requestor approve of any casts, asserted by the Agency (as defined in Florida Statute, Chapter 119.01
(Definitions)), In advance of any casts Imposed to the Requestor by the Agency.
"BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS
ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES ".
I/P/NP /FLRR
3.2.2015
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
March 17, 2015
Martin E. O'Boyle [mail to: records @commerce- group.com]
Re: GS #1822 (1076)
Provide copies of all text messages and entails either authored by Patsy Randolph or received by
Patsy Randolph for the period beginning January 1, 2014 through the date of this request.
Dear Martin E. O'Boyle [mail to: recordsna,commerce- grouo.comlI
The Town of Gulf Stream has received your public records requests dated March 16, 2015. If your
request was received in writing, then the requests can be found at the following link:
h": / /www2. gulf - stream. org/ WebLink8 /0 /doc /41416/Pagel.asyx. If your request was verbal,
then the description of your public records request is set forth in the italics above. Please refer to
the referenced number above with any future correspondence.
The Town of Gulf Stream is currently working on a large number of incoming public records
requests. The Town will use its very best efforts to respond to you in a reasonable amount of time
with the appropriate response or an estimated cost to respond.
Sincerely,
Town Clerk, Custodian of the Records
Kelly Avery
From:
Bill Thrasher
Sent:
Tuesday, October 21, 2014 12:53 PM
To:
patsyrandolph @gmail.com
Subject:
GS #1586 (o'boyle depo video)
Attachments:
GS #1586 (o'boyle depo video).pdf
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
October 21, 2014
Patsy Randolph- verbal [mail to: patsyrandolph @gmail.com]
Re: GS #1586 (o'boyle depo video)
Please provide a copy of the video of the O'Boyle deposition
Dear Patsy Randolph- verbal [mail to: oatsvrandolnh(a,gmail.corn
This letter provides you with the full production of public records you have requested verbally
on October 14, 2014. Your original request can be viewed at the following link:
htti)://www2.gulf-stream.org/WebLink8/0/doc/24352/Pagel.asox
Be advised that the responsive documents can be found by going to www.gulf- stream.org, click
on "I want to... ", click on "Find a Town Record ", click on "Legal ", click on "Depositions ", then
click on "Case #502014CA4474 ". You will find a video of the O'Boyle deposition as well as a
transcript of the deposition.
We consider this matter closed
Sincerely,
Town Clerk
Custodian of the Records
Kelly Avery
From: Bill Thrasher
Sent: Friday, October 24, 2014 2:53 PM
To: patsyrandolph @gmail.com
Subject: GS #1593 (copy of Mayor's letter)
Attachments: GS #1593 (copy of Mayor's letter).pdf
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
October 24, 2014
Patsy Randolph [mail to: patsyrandolph @gmail.com]
Re: GS #1593 (copy of Mayor's letter)
Would like a copy of the letter from the Mayor that went out this week.
Dear Patsy Randolph [mail to: patsvrandolphCa,email.coml,
This letter provides you with the full production of public records you have requested on October
24, 2014. Your original request can be viewed at the following link: httv://www2.gulf-
stream.org/WebLink8/0/doe/26788/Pagel.asvx .
The responsive documents can be found at the same link.
We consider this matter closed.
Sincerely,
Town Clerk
Custodian of the Records
Kelly Avery
From:
Bill Thrasher
Sent:
Wednesday, March 11, 2015 11:09 AM
To:
'patsyrandolph @gmail.com'
Subject:
GS #1805 (Most recent lawsuit)
Attachments:
GS #1805 (Most recent lawsuit).pdf
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
March 11, 2015
Patsy Randolph [mail to: patsyrandolph @gmail.com]
Re: GS #1805 (Most recent lawsuit)
I would like to get a copy of the most recent lawsuit: O'Boyle vs Morgan & Randolph's Law firm.
Dear Patsy Randolph [mail to: patsvrandoloWgmail.com],
The Town of Gulf Stream received your public records requests on March 10, 2015. You should
be able to view your original requests at the following link httv://www2.gulf-
st ream. ore/ WebLink8 /0 /doc /40715/Pagel.asRx. If your request was verbal, then the description
of your public records request is set forth in the italics above. In future correspondence, please
refer to this public records request by the above referenced numbers.
You will find the responsive documents at the following link: htty://www2.eulf-
stream.or2/W ebLink8/DocView.asi)x ?id= 40334 &dbid =0.
We consider this matter closed.
Sincerely,
Town Clerk, Custodian of the Records
Kelly Avery
From: Bill Thrasher
Sent: Friday, September 19, 2014 3:14 PM
To: patsyrandolph @gmail.com
Subject: GS #1435 (O'Boyle's Behavior letter)
Attachments: GS #1435 (O'Boyle's Behavior letter).pdf
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
September 19, 2014
Patsy Randolph [mail to: patsyrandolph @gmail.com]
Re: GS #1435 (O'Boyle's Behavior letter)
This is a public records request for any correspondence regarding Martin O'Boyle's behavior.
Please send to my email address: patsyrandolph@gmail.com Thank you.
Dear Patsy Randolph [mail to: patsyrandolph @gmail.com],
This letter provides you with the full production of public records you have requested in your
email dated September 18, 2014 that can be viewed at the following link: httt : / /www2.gulf-
stream .org /WebLink8 /0 /doc/21036/Pa el.aspx.
Be advised that the responsive records are available at the same link.
We consider this matter closed.
Sincerely,
Town Clerk
Custodian of the Records
Kelly Avery
From: Patsy Randolph <patsyrandolph @gmail.com>
Sent: Thursday, October 23, 2014 1:58 PM
To: Kelly Avery
Subject: I called
Kelly - I will try to call tomorrow.... I'm still in CA. 3 hr difference makes it difficult to communicate. Patsy PS stay dry
Kelly Avery
From: Kelly Avery
Sent: Friday, April 04, 2014 1:44 PM
To: Ben Schreier; Patricia Randolph; Richard Mouw; William Boardman
Subject: Agenda Packet 4 -9 -14
Attachments: 04 -09 Agenda Packet.pdf
Please open the attachment for the agenda packet for the next meeting.
Kelly Avery
Accountant /Assistant to the Finance Director /Deputy Clerk
Town of Gulf Stream
100 Sea Rd.
Gulf Stream, FL 33483 -7427
561- 276 -5116
561- 737 -0188 fax
kaveM?gy1/- dream.nrg
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
CHAIRMAN:
COMMITTEE MEMBER
William Boardman
Richard Mouw
Patricia Randolph
Benjamin Schreier
Keith Williams
April 4, 2014
REGULAR MEETING BEING HELD BY THE AD HOC COMMITTEE OF THE TOWN OF GULF
STREAM, FLORIDA ON WEDNESDAY, APRIL 9, 2014 AT 8:00 A.M., IN THE
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
CMaIHDNI
I. Call to Order.
II. Roll Call.
III. Minutes of the Regular Meeting of March 26, 2014.
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
V. Announcements.
A. Meeting Dates
1. Regular Meeting April 23, 2014
VI. Communication from the Public (3 min. maximum)
VII. Items to be considered at this meeting.
A. Continuation- Setbacks for Mechanical Equip. Sec. 70 -51(4) and
Section 70 -74
B. Continuation -Fence Heights & Materials Sec. 70 -187 6. & 7.
C. Continuation - Installation of Sidewalks & Pathways
D. Review Landscape Code Sec. 70 -146 thru Sec. 70 -150.
VIII. Items by Staff.
IX. Items by Committee Members.
X. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE AD
HOC COMMITTEE 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. 286.0105, F.S.S.
MINUTES OF THE REGULAR MEETING HELD BY THE AD HOC COMMITTEE OF THE TOWN
OF GULF STREAM, FLORIDA, ON WEDNESDAY, MARCH 26, 2014, AT 8:00 AM. IN THE
CObIDIISSION CHIkMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA
I. CALL TO ORDER: Chairman Boardman called the meeting to order at 8:05 A.M.
II. ROLL CALL:
Present and
Participating
Absent w /notice
Also Present and
Participating
William Boardman
Richard Mouw
Patricia Randolph
Benjamin Schreier
William H. Thrasher
Rita L. Taylor
Christopher O'Hare
Chairman Boardman inquired if there have been any contacts with regard to a selection of a Committee
Member with landscaping experience.
Town Clerk Taylor reported that there have been a couple of contacts made and die Town is waiting for
their response, wltich she hopes to receive by the next Commission Meeting, April 11'x', as they make that
appointment.
III. MINUTES:
A. Meeting of February 13, 2014
B. Meeting of February 28, 2014
Committee Member Mouw moved and Committee Member Randolph seconded the approval of the
February 13, 2014 l%nutes. All voted AYE.
Chairman Boardman stated in reference to the minutes of February 28, 2014, that he would add at the end
of die fast sentence, second paragraph of VI. Communication from the Public "At the ARPB ".
Committee Member Mouw moved and Committee Member Randolph seconded the approval of the
amended February 28, 2014 minutes. All voted AYE.
IV. ADDITIONS. WITHDRAWALS, DEFERRALS. ARRANGEMENT OF AGENDA ITEMS:
There were none.
V. ANNOUNCEMENTS:
A. Meeting Dates
1. Regular Meetings
a. April 9, 2014 @ 8:00 A.M.
b. April 23, 2014 @ 8:00 A.M.
Chairman Boardman announced the upcoming meeting dates.
Town Clerk Taylor read the Ad Hoc Committee Meeting Decorum.
fI
Chairman
Committee Member
Committee Member
Committee Member
Town Manager
Town Clerk
r•• f�
Resident
Chairman Boardman inquired if there have been any contacts with regard to a selection of a Committee
Member with landscaping experience.
Town Clerk Taylor reported that there have been a couple of contacts made and die Town is waiting for
their response, wltich she hopes to receive by the next Commission Meeting, April 11'x', as they make that
appointment.
III. MINUTES:
A. Meeting of February 13, 2014
B. Meeting of February 28, 2014
Committee Member Mouw moved and Committee Member Randolph seconded the approval of the
February 13, 2014 l%nutes. All voted AYE.
Chairman Boardman stated in reference to the minutes of February 28, 2014, that he would add at the end
of die fast sentence, second paragraph of VI. Communication from the Public "At the ARPB ".
Committee Member Mouw moved and Committee Member Randolph seconded the approval of the
amended February 28, 2014 minutes. All voted AYE.
IV. ADDITIONS. WITHDRAWALS, DEFERRALS. ARRANGEMENT OF AGENDA ITEMS:
There were none.
V. ANNOUNCEMENTS:
A. Meeting Dates
1. Regular Meetings
a. April 9, 2014 @ 8:00 A.M.
b. April 23, 2014 @ 8:00 A.M.
Chairman Boardman announced the upcoming meeting dates.
Town Clerk Taylor read the Ad Hoc Committee Meeting Decorum.
fI
Ad flue Meeting
Much' -6, 2014
VI. COMMUNICATION FROM THE PUBLIC (3- MINUTE MAXIMUM
Christopher O'Hare stated that he had issues with the waivers discussion at the last Ad Hoc Committee
Meeting. He continued that waivers are in effect at present, and that at many times when issues are
prohibited in the code, they are approved. Mr. O'Hare further commented that the Town's Commission
passes rules that are basically in the basement of the legal system. He continued that when a waiver is issued,
the law is being violated in the attic. Mr. O'Hare stated that the Supreme Court states that laws have to be
clear and not vague. He further stated that the Ad Hoc Committee was forted to reform the code, but
rather it is a means to approve prior behavior. blr. O'Hare added you have to ask yourselves "Are waivers a
good idea for this Town ".
VII. ITEMS TO BE CONSIDERED AT THIS MEETING:
A. Consider Establishment of Waivers
Chairman Boardman referred to Town Counsel Randolph's requirements for granting a waiver:
1. Granting the waiver will not cause substantial injury to the value of other property in the
neighborhood where it is to be located.
2. The waiver, if granted, will be compatible with adjoining development and the intended purpose of
the district in which it is to be located.
3. The waiver, if granted, will be compatible with other design elements of the structure.
4. The waiver, if granted, will not do an injustice to the integrity of the Design Guidelines within the
district.
5. The waiver, if granted, is meritorious to the Town because of its general appearance and adherence to
the majority of the design elements within the structure.
Chairman Boardman stated that waivers should be granted by the ARPB and not the Town Nlanager. He
continued that if the ARPB turns down a request, it would then be referred to the Commission.
Town Manager Thrasher reported that the ARPB is a recommending body, and the normal flow would
have the request go to the Commission, for a decision.
Committee Member Mouw referred to the list stating that it gives some detail perspective to the process.
Town Clerk Taylor reported that the waivers, in everyone's opinion, would only apply to the Design
Manual. She continued that it would have nothing to do with setbacks, or lot coverage.
Chairman Boardman referred to the overlap in the Design Manual under Section 66.
Town Manager Thrasher sated that it is important to identify certain sections with regard to setbacks in
Section 70 -296. He continued that in Section 70 -296 there are glossary terms, and in Section 70 -297 there are
procedures defining what activities are further required. Town Manager Thrasher sated that some thought
should be given to where it should stop. He sated that in Section 72 -97 deals with the Chart of Review.
Chairman Boardman commented that when the final draft of the Ad Hoc Committee's recommendations is
prepared, the waiver process should be made simpler in Section 70.
Ad Hoc greeting
Much TL, 2014
Town Clerk Taylor stated that once the Ad Hoc Committee holds their last meeting, there will be a final list
of all recommendations put together in'one package, and that will be sent to the ARPB.
Chairman Boardman stated that when the criteria is listed, there should be clear language that it is not a
waiver of right that these criteria are met He continued that in making a decision it is in their absolute
discretion.
Committee Member Mouw commented tat there has to be deniability as other issues arise, and there has
to be a way out.
Committee Member Randolph inquired bow as to bow that would be stated.
Chairman Boardman responded that a lawyer should write the sentence: Nottivithstanding the Above. The
ARPB should have the absolute discretion to decide when and when not to grant waivers.
Town Manager Thrasher inquired whether die Ad Hoc Committee should review waiver fees.
Chairman Boardman stated that someone else should make tat decision.
Totten Clerk Taylor also stated that it should not bean Ad Hoc Committee decisions. She also reported that
the fees are in accordance w-idi die fees charged by other municipalities.
Committee Member Mouw moved and Committee Member Randolph seconded to recommend the
approval of die concept of waivers along die guidelines of the following.:
1. Granting the waiver will not cause substantial injury to the value of other property in the
neighborhood where it is to be located.
2. The waiver, if granted, will be compatible with adjoining development and the intended purpose of
the district in which it is to be located.
3. The waiver, if granted, will be compatible with other design elements of the structure.
4. The waiver, if granted, will not do an injustice to the integrity of the Design Guidelines within the
district.
5. The waiver, if granted, is meritorious to the Town because of its general appearance and adherence to
the majority of the design elements within the structure.
G. When to and when not to grant die waiver shall be at the absolute discretion of the ARPB.
All voted AYE.
B. Setbacks for Mechanical Equipment Sec. 70 -51 (4) & Sec. 70 -74
Chairman Boardman referred to the rear and side setbacks particularly in the core and Place Au Soleil. He
continued describing the equipment, e.g. pool heaters, pool pumps and generators.
Town Manager Thrasher stated that in Code Section 22 there is a special section with regard to generators,
which provides an exception for a dba of 66 or less that they can go closer to the setback.
Ad limMeeting
Much 1, 8014
Chairman Boardman reported that they can go less than 12 feet on the side if they have a smaller dba.
Town Clerk Taylor agreed and stated if they build a special case around it to lower it to lesser dbs than what
would be required if they met the accessory setback line.
Town Manager Thrasher read the Code Section on accessory setbacks. He also addressed the issue of the
challenges in the north south districts, and not in the core and Place Au Soleil districts although the language
applies to all sections of the Town. Town Manager Thrasher stated that all accessory setbacks apply to all
sides; front, rear and sides.
Town Clerk Taylor repeated that you can lower the dbs by different methods.
Town Manager Thrasher stated that the product approval sheets are used with regard to the Abatement of
Notice. He continued that residents could alter the dba by sound reducer systems, which is done at the
factory level. Town Manager Thrasher also reported that the Staff does not test any systems.
Committee Member Mouw inquired regarding a setback going from 30' to 7' on the front and stated that it
seemed odd to be in the front and not an the side.
Town Manager Thrasher stated that some existing homes are challenged on the side and rear, and the only
reasonable location for their accessories is in the front
Town Clerk Taylor reported that they have to be screened.
Chairman Boardman gave an example if there was a location in the back, front and the side, all of which
were acceptable, he inquired if the front can be the First choice.
Committee Member Mouw stated that would create some concern.
Town Manager Thrasher responded if it is not seen or heard, and it is in a manicured location, that would
seem to resolve the concern.
Chairman Boardman continued that the front is the least objectionable noise -wise to the neighbors. He
continued discussing the issue of bunching all the accessories in the rear, which faces the house behind it
Chairman Boardman suggested the possible adoption of a special exception category which would state you
cannot locate your accessories any closer to the rear property line than it is to your home.
Town Manager Thrasher stated that there are special exceptions for smaller lots.
Chairman Boardman reported that 20,000 sf lots allow a resident to have a generator in the back of their
property, as long as it is as close to the house, as it is to the back of their property. He continued that the
resident cannot transport their problem to their neighbor.
Ad 9n[ Nlmung
ltamh ?/, 21114
Town Manager Thrasher inquired if Chairman Boardman would want new language for large lots.
Chairman Boardman asked how many lots in the core district and Place Au Soled are smaller than 30,000
sq.
Town Manager Thrasher stated he did not know that answer, and referred to Code Book Section 70 -74 (B)
Special General Setbacks which relates to distances and Positions of accessory structures.
Chairman Boardman inquired if bunching setbacks were greater.
Town Manager Thrasher stated that bunching is a negative aesthetic feature, and there is language that does
not allow all minor accessories in one location.
Committee Member Mouw stated that would be a difficult issue to verbalize to Town residents.
Town Manager Thrasher commented that any language created or Proposed could limit the design of die
home, as builders' theme is symmetry.
Chairman Boardman stated that if the accessories were taken out of the backyard and put in the side yard, it
would give a full view of property.
Town Cleric Taylor suggested leaving the accessory setback fine as it is, and require the equipment to either
be placed out of that area or midway between the property line and the principle structure, whichever is the
greater distance from the property line.
Chairman Boardman stated there is no easy solution. He continued the best place, in a neighborly point of
view, is in the middle of die house, on the side.
Town Manager Thrasher stated he was not comfortable with the middle of die house location, and felt that
die Town maybe challenged with that location.
Chairman Boardman suggested that 3351 Polo Drive should have a site visit regarding their bunching issues
involved with their renovations.
Town Manager Thrasher described the procedure for the Ad Hoc Committee to do a site visit.
Chairman Boardman suggested pictures being taken, and brought to the nest Ad Hoc 1 Iecdng. All agreed.
Town Clerk Taylor stated that the pictures can also be a matter of record.
Ad Hodhlsting
Much ?6, 2014
C.. Fence Heights & rfatedals Sec. 70 -187 6. & 7.
Chairman Boardman inquired regarding the issue of the original 6' maximum height of fences changing in
2010 to 4' maximum fence height He continued that fences were divided in two (2) categories; those visible
from the street and those not visible from the street. Chairman Boardman stated that the ones not visible
from the street would allow 6' high fences in the backyard, except near the Intracoastal. He further stated
that he read this in Code Section 70 -187, in walls and fences, and that fences over 6' are discouraged.
Town Manager Thrasher responded that this was correct. He continued that it was applicable to the
following districts: Place Au Soled, north /south, and Gulf Stream Core.
Chairman Boardman inquired why there were letters received from Place Au Soled residents requesting 6'
fences in front
Tony Manager Thrasher reported that Place Au Soleil's fences over 4' visible from the roadway are
prohibited, and fences from the core over 4' are also prohibited from the roadway.
Town Clerk Taylor stated that all fences with the exception of aluminum rail shall be screened by landscape.
Town Manager Thrasher stated that there are differences and questioned if they were created for a reason
or a purpose. He inquired from Town Clerk Taylor as to why there were these changes.
Town Clerk Taylor stated that she would obtain the dates from the Ordinances and research the minutes.
Town Manager Thrasher reported that somewhere in Section 70 -187 there were changes made in 2012, and
the previous change was in 2010. He also stated that there were changes in 2008 and in 2003.
Town Clerk Taylor stated that it may not be everything but just one (1) item that was changed.
Committee Member Mouw inquired if the 6' issue was for privacy. He noted that installing a hedge would
solve privacy issues.
Town Clerk Taylor stated there were no limitations with hedges.
Chairman Boardman read a letter from a Place An Soled resident regarding the 4' vs. 6' fence issue in the
Town of Gulf Stream. He also suggested changing front hedges to 6'.
Town Manager Thrasher stated that there are two (2) different districts to consider. He continued that in
the core district the low fences are as intricate part of the overall design of the homes.
Chairman Boardman reported that in the core there are ficus hedges which are much higher than 6'.
Committee Member Mouw stated that it is all about aesthetics.
Ad ttuc Meeting
Mimic 26, 2014
Town Manager Thrasher stated that a chain fence is not considered decorative and, therefore, there are
mismatched materials. He presented an example of a fence that was attached to the front comer of a house,
and connected that high fence to die house next door (owned by the same person) to that front corner and
went beyond the outer comers of both houses.
Town Clerk Taylor commented that they could have legitimately have installed 6' down the sides.
Chairman Boardman inquired how the members felt regarding 6' high fences in the front.
Town Clerk Taylor referred to the section of fences under #6 in the last column which is the Place Au
Soled column, she read "Fronting property solid, e.g. stockade or painted shadow box are both discouraged ".
She continued that if a fence was to be put in the front, it would need approval of the ARPB and
Commission.
Chairman Boardman stated that this is very important. He asked that Staff research die !history, as to why
this provision was apparently changed from 6' to 4' in the front
Town Clerk Taylor repeated that she will obtain the Ordinances for the dates listed, and research die
minutes of the appropriate dates.
Chairman Boardman stated that the Staff also had issues that were not on the original list. He listed them
and suggested that they should be referred to the ARPB: questions with building color and trim, front
entrance doors, die amount of glass on the hack of the structure, if on the water, 3 -stall garages, and roofs.
Town Manager Thrasher stated that when Chairman Boardman proposed waivers in the specific sections,
e.g. 70 -99, those issues could he covered by waivers.
Chairman Boardman inquired if a proposed waiver should go back to the ARPB, but not changed on the
approved list.
Town Manager Thrasher stated that when you allow the concept of general waivers, things could get very
rampant. He continued that it could be on the responsibility of the ARPB and Commission.
Chairman Boardman responded that the ARPB should ask themselves, "If we are going to grant a waiver,
why don't we change the code instead ". He also said they should ask themselves that. Chairman Boardman
stated that his point here is that there are issues not of process but specific questions about specific
provisions of the code that the ARPB are used to dealing with, as they have the context of paint colors, etc.
Committee Member Randolph stated she agreed with the process and not getting into the nitty gritty of the
code. She continued that she felt more time should be spent on the waiver, and to learn how it would work
to stay with the process, and not the individual issues. Committee Member Randolph also stated that the
Ad Hod Meeting
?,I=h 26.2014
committee should give a deep background on waivers, so residents will understand why it is there. She stated
she wants the availability of it.
Committee Member Mouw stated that each waiver should be seriously considered, as there could be
ramifications.
Chairman Boardman reported that it should be considered if this is a one -off situation or should it be a
general application.
Town Manager Thrasher stated that a waiver could be potentially rather c.-pcnsive, and it should be for the
betterment of the people.
Chairman Boardman inquired if these items listed on the sheet should be reviewed by the Ad Hoc
Committee or sent to the ARPB. He continued if they are wrong, it should come back to the Ad Hoc
Committee.
Town Manager Thrasher responded they should be sent to ARPB, as they would be difficult for the Ad
Hoc Committee to resolve.
D. Installation of Sidewalks & Pathways
Town Clerk Taylor reported that it is a very simple housekeeping thing to include the annexed area into the
North Ocean Overlay District
VIII. ITEMS BY STAFF:
There were no further comments.
IX. ITEMS BY COMMITTEE MEMBERS:
There were no further comments.
X. ADJOURNMENT:
Committee Member Mouw moved and Committee Member Randolph seconded to the adjournment
of the meeting. All voted AYE.
Chairman Boardman adjourned the meeting at 9:40 A.M.
Sandra Fein
Recording Secretary
D
STAFF RESEARCH REGARDING FENCE HEIGHT CODE AMENDMENTS:
At the last meeting we were asked to research what amendments were
made with regard to the reduction of the maximum fence /wall heights
as seen from the front. We have tracked each Ordinance that is listed
in the Code Book at the bottom of Section 70 -187. The result is as
follows:
2 -25 -99 Informal Review by Staff to ARPB (see attached minutes)
Ord. 00 -1 The review extended over 5 months. At this time the Code
required fence to be 5' high for pool enclosures which was
the requirement for P.B. County at that time. It was later
found that the Town could go down to 4'but no lower. (see min.)
Ord. 03 -3 Nothing to do with walls or fences.
Ord. 03 -9 Added that all walls & fences to be measured from the
lowest abutting grade.
Ord. 08 -5 Nothing to do with walls or fences.
Ord. 10 -2 Added under "Required ": All walls must be screened from view
from any public or private roads by landscaping.
PVC & vinyl moved from "discouraged" to "prohibited"
Added "outside of front setback area" (see attached Minutes
of 9- 10 -10)
Ord. 12 -4 Nothing about walls or fences.
There is quite a bit of detail in the minutes of September 10, 2010
that may be helpful.
�It
Architectural Review & Planning Board
February 25, 1999 page 7
^
trim or accent" and add two more lines, the first to read "accent colors
that overwhelm the homes appearance" and the second to read "quoins
painted a darker shade than the principal building ".
b. Consistency with architectural style
It was also agreed that amendments be made to Article VII, "Predominant
Architectural Styles" as follows: 1) In the first line under
"Preferred" in Section A.5. the word "smooth" be added after "troweled ".
2) In Section A.5. under "Prohibited" change the fourth line to read
"shades of purples, red (excluding doors), and fluorescent or other
extremely bright colors, bright yellow and bright pink as trim or
accent ". 3) In Section B.4. "Shutters" under "Preferred" add
"traditional shutter color (for example: white, black, dark green,
subtle greens, dark slate blue, dark taupe, stained mahogany, slate
gray). 4) Under "Discouraged" in Section B.4. add "non- traditional
colors for Bermuda style architecture (for example, painted brown) ". 5)
Add a "Prohibited" title in Section B.4. and a line under that to read
"extremely bright colors (for example: magenta, lime green, traffic -sign
orange, chartreuse, fuchsia, bright aqua blue, florescent colors). 6)
In Section B.6. under "Prohibited ", change the eighth line to read
"shades of purples, red (excluding doors), and fluorescent or extremely
bright colors as trim or accent ".
3. Wall and Fence Height
a. Measurement
-t was agreed to change the second line in the "Prohibited" designation
of Article VI. number 7 to read "Any wall or fence over 8' (as measured
from the lowest existing grade adjacent to the wall)
b. Walls within setbacks vs. outside setbacks
The following changes to Article VI. District Standards were agreed on:
1) In the "Prohibited" designation in the Gulf Stream Core in number 6.
FENCES, after the word "Solid" add ",i.e. stockade ". 2) The title for
number 7. in Article VI. is amended to read WALLS AND FENCES: ALONG SIDE
AND REAR PROPERTY LINES AND LOCATIONS NOT VISIBLE FROM STREET. 3) In
number 4. WALLS in the "Required" designation the following is to be
added under the Beachfront District: Substantial plantings in front of
any walls or hedges along AlA.
c. Height of hedges near ICWW
t was agreed that in the "Prohibited" designation in number 7. in
article VI., the last two lines would be changed to read "Walls and
f�nces over 4' located between minor accessory setback line and waters
onnected to the Intracoastal Waterway or 1978 Coastal Construction
"ontrol Line ".
d. 5' pool enclosure- exception for enclosures within 15'
of ICWW or on ocean?
was agreed that this exception would be added in number 7. of Article
?. where it is shown that a minimum 51 enclosure is "Required ".
-*_ was further agreed that in Article V., Areawide Standards, Section
General Landscape Standards, a third "Discouraged" item be added
which would read "Hedges over 41 within 15' of the ICWW, or if located
&award of the 1978 Coastal Construction Control Line ".
.4,
;regular Meeting & Public Hearing
oe ;n Commission - February 11, 2000
Page 9
ARCHITECTURAL STYLES ", DIVISION I, SECTION 70 -208 "PROPERTY
SURVEY "; CHAPTER 70, ARTICLE VII, "PREDOMINANT ARCHITECTURAL
STYLES ", DIVISION 2, "SPANISH MEDITERRANEAN REVIVAL STYLE
ARCHITECTURAL STANDARDS ", SECTION 70 -221 "EXTERIOR MATERIALS,
COLORS "; CHAPTER 70, ARTICLE VII, "PREDOMINANT ARCHITECTURAL
STYLES ", DIVISION 3, "GULF STREAM BERMUDA STYLE ", SECTION 70-
238 "ROOFS ", SECTION 70 -239 "WINDOWS ", SECTION 70 -240
"SHUTTERS ", SECTION 70 -241 "ENTRANCES ", SECTION 70 -242
"EXTERIOR MATERIALS, COLORS ", SECTION 70 -243 "OTHER FEATURES ";
CHAPTER 70, ARTICLE VIII, "SUPPLEMENTAL DEVELOPMENT
REGULATIONS ", SECTION 70 -269 "MAILBOXES "; CHAPTER 70, ARTICLE
IX, "APPENDIX ", SECTION 70 -298 "HISTORIC SURVEY "; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE. (first reading)
m Manager Garrison advised that she had some things she would like to
scuss with the Commission before the beginning of the adoption
,cess. She called attention to the memorandum attached to the
Ainance and explained that it contains some alternative language that
,ild slightly alter what is in the ordinance in Section 35 on page 7.
advised that this pertains to rear setbacks on waterfront lots in
e Core District. She and Mayor Koch had looked at aerials of lots on
water and at different situations in order to arrive at this
nguage. Mrs. Garrison believed this will address most problematic
._uations that might arise and requested that the proposed language
place what is in the Ordinance.
missioner Lynch moved and Commissioner Orthwein seconded that the
nauage proposed in the memorandum be placed in Ordinance 00 /1. Roll
Li: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, and
yor Koch; AYE.
n Manager Garrison advised that there had been some issues regarding
,'.'Is and fences arise this past week and she felt some discussion
''ould be held before considering the Ordinance. She asked the
mission if they felt it acceptable to have a wall higher than 6' in
Core area and in Place Au Soleil, adding that she knew of none at
s time. She suggested that walls be limited to 6' in the Core
trict, North /South District and Place Au Soleil. She further advised
it the height of the pool fence should be changed to reflect a 4'
to be consistent with the changes the Commission made to the rest
the Ordinance. Mrs. Garrison asked whether stockade and shadowbox
`aces should be prohibited in the front yard in the Core, North /South
d Place Au Soleil Districts, adding that it would be permitted in the
e and rear yards. During discussion it was agreed to have the
owbox fence shown as discouraged rather than prohibited.
ssioner Orthwein noted that gates are prohibited in the Core
ict and suggested that they be changed to discouraged. She
ked that any features that are discouraged would have to come for a
g
Regular Meeting and Public Hearing Page 5
Town Commission - September 10, 2010
OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.(first reading)
Clerk Taylor read Ordinance No. 010 -2 in title, which has been amended
and being presented on first reading this 10`h day of September, 2010.
Commissioner Anderson moved and Vice -Mayor Orthwein seconded to approve
_
Ordinance No. 010 -2 as amended.
Commissioner Wheeler asked Mr. Thrasher for a summary of the amendment
to this Ordinance. Mr. Thrasher explained that the Code had a provision
to control the height of fences as they are positioned between the minor
accessory setback and the property line and in many cases it was not
sufficient. He said that behind the accessory line could be quite a
distance from where the fence would be placed and, therefore, the
height, the control and the type did not speak to something that was set
in from the minor accessory line and was visible from the street. Mr.
Thrasher said the amended language clarifies that and allows the Town to
control, through the Code, fences that would be located beyond the minor
accessory setback. Commissioner Wheeler asked if the ARPB opined and
signed off on this issue. Clerk Taylor said the ARPB recommended
adoption.
Commissioner Devitt asked if this type of action would typically be on
the Town's periodic list of items for action. Mr. Thrasher said this
particular item is a housekeeping matter and something staff thought was
already covered in the Code. He said it has been difficult for staff to
get the appropriate language in place and explained that it was pulled
from last month's meeting agenda because at that reading the language
was limited to fences and did not include walls. Mr. Thrasher said
this language provides the tools that are necessary to deal with the
types of activity the Town is now experiencing. He said there is still
a list of new items to be presented to the ARPB for recommendations and
then to the Commission for approval, such as the height of swimming pool
steps, which Commissioner Devitt previously brought attention to.
Commissioner Wheeler said he is satisfied with the recommendation from
the ARPB.
Clerk Taylor asked if there were comments from the Public. There were
none. There was no further discussion. All voted AYE.
Mr. Thrasher requested the Commission declare Zoning in Progress on this
matter. Vice -Mayor orthwein moved and commissioner Devitt seconded to
declare Zoning in Progress. There was no discussion. All voted AYE.
B. Items by Mayor & Commissioners
There were no items by the Mayor or Commissioners.
IX. Public.
Robert Ganger, President of the Gulf Stream Civic Association and the
Florida Coalition for Preservation, provided a brief update on the
process of building the new WalMart on Federal Highway in Boynton Beach,
which is located near the entrance to Place Au Soleil. He also updated
on the process of approval for the proposed Wa1Ma��P tOnaskdinoamanyghway
June 14, 2010
ORDINANCE NO. 210/E
AN ORDINANCE OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, PALM BEACH
COUNTY, FLORIDA, AMENDING THE TOWN'S
CODE OF ORDINANCES, AT SECTION 70 -187, TO
PROVIDE FOR THE REQUIRED SCREENING OF
FENCES FROM PUBLIC AND PRIVATE ROADWAYS
AND TO PROHIBIT SPECIFIC TYPES OF FENCING;
AMENDING, AT SECTION 71 -4, SITE
DEVELOPMENT REGULATIONS FOR THE GULF
STREAM DESIGN MANUAL FOR RM WEST AND RM
EAST MULTIPLE- FAMILY RESIDENTIAL
DISTRICTS, TO INCLUDE NEW LOT COVERAGE
AND BUILDING SEPARATION REQUIREMENTS;
AMENDING, AT SECTION 71 -7, MULTIPLE- FAMILY
RESIDENTIAL DESIGN GUIDELINES, TO INCLUDE
REQUIREMENTS FOR FENCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 70, Article IV, Section 70 -187, Table of district standards,
subsection 6, Fences, and subsection 7, Wall and Fences: Along Side and Rear Property
Lines and Locations Not Visible From Street, to read as follows:
Section 70 -187. Table of district standards
4. WALLS .....
(applicable to all walls located between the street and the minor accessory setback line and for all
walls visible from public and private roadways. The measurement of all walls referenced herein
ehnll hn f nm Ihe. Inwect made sdiecant In the wall 1
Zaning Districts
Guff Stream
Ocean West
Beacl front
North ✓south
Place an
Core
Saieil
Required
4- 6-feet
An"valls-of
walls -must
fenees a eng
be Sereened
A-lA rn st
rioem AIA
be seree :ad
by
by
Ian
Walls must be finished on both sides.
All walls shall be screened from view from any public or private roadway
by landscaping.
Preferred
None
IttfetmiHettl
CuljStream
Ocean West
Beachjront
Low
Place au
ltttemtit{eat
Accent only
None
wall/fence
or-cenee"
by -phut
OFe euled
by -ptant
Correspond
Low
combination
materiai
mate"
to
architecture
wall /fence
combination
Lew
Correspond
Correspond
Not to
LOW
wales hedge
to
to
exceed more
wtdlAtedge
eeml"fli ieu
architecture
architecture
than 75% of
eembiuutiea
Consistent
Correspond
wand
frontage
Correspond
with
to
Intermittent
to
architectuml
architecture
or concealed
architecture
style
Sim le, uncluttered,
traditional
forms
Discouraged
Use as
Entry or
perimeter
accent wall
wall
Excessive omamenmdon
Walls over 4
inclonto
Walls and
reveals, decomtive
Walls and
tile, bandin
, etc.
Prohibited
Walls and
Walls over 4
feet
entry piers
entry piers
entry piers
feet
Perimeter
over 6 feet
over 8 feet
over 6 feet
Perimeter
walls
measured
measured
measured
walls
Entry piers
from the
from tike
from die
Entry piers
over 5 feet
lowest grade
lowest grade
lowest grade
over 5 feet
adjacent to
ndjaccntto
adjacent to
the wall
the wall
the wall
Walls le
less
than-12t eeu
fmm AIA
r.o.w.line
Unfinished concrete block (painted block is not considered "finished ")
Open bond "web"
Solid continuous exposed walls
Walls closer than 7.5 feet to the edge of street pavement
Walls on the rights-of-way or in visibility triangles
Section 70 -187. Table of district standards
6. FENCES
(applicable to all fences located between the street and minor accessory setback line and
for all fences visible from Public and private roadways. The measurement of all fences
referenced herein shall be from the lowest arade adiarnnt to the Fenre „.. u
ZoninizMaricts
CuljStream
Ocean West
Beachjront
NorA ✓South
Place au
Core
Solcil
Reyuircd
Feuees.tuust
1-- =_-_ ^
kem-
Feueea -must
he- sereeaed
vie�t`
frem -Ain\
by
kmdseapiug
ffeln view
frentatty
publie-a
ptiyate
teadwey -by
landEeaping
All fences. with the exception of aluminum rail fencing, shall
be screened
from view from any public or private madwav by landscaping.
Pools: 4 feet minimum
Fences must be finished on both sides or screened
Consistent with architectural st le of house
Preferred
Low -open
Low -open
Consistent
Consistent
None,
wand
wood.
with
with
Low -open
Intermittent
architectural
architectuml
wood
or concealed
style
style
7. WALLS AND FENCES: ALONG SIDE AND REAR PROPERTY LINES AND
LOCATIONS NOT VISIBLE FROM STREET (Outside of front setback area. The
measurements of all walls and fences referenced herein shall be from the lowest grade
adincent In the wall nr fenrr 1
Zoning Districts
by plant
OnlIfStream
Inlermiltant
Place an
Care
material
I Soleff
or concealed
Pools -4 feet minimum
Walls must be finished on both sides
Fences must be two -sided or screened.
by plant
Consistent with architectural style
Discouraged
Walls or
Walls or
material
Discouraged
PVC, plaskie
PVC, plaste
phtslie
D\I�yde
pi pr to
OF vinyl
er -vinyl
Prohibited
BF vinyl
OF viuy}
Chainlink (unless concealed by plant material)
Solid (for
Any wall or fence over 8 feel, as measured from the lowest grade adjacent
Solid (for
Fronting
Walls and fences over 4 feet located between minor accessary setback line
example,
and waters connected to he Intracoastal Waterway or the 1978 CCCL.
example,
property
stockade or
stockade or
Solid (for
shadowbox)
shadowbox)
example,
Unpainted
stockade or
shadowbox)
Un ainted
Prohibited
Over 4 feet
1 Over 6 feet
I Over 8 feet
Over 6 feet
Over 4 feet
PVC, plastic or vinyl
Chainlink (unless concealed by plant material)
Fences closer than 7.5 feet to the edge of street pavement
Fences on rights-of-way or in visibility triangle
7. WALLS AND FENCES: ALONG SIDE AND REAR PROPERTY LINES AND
LOCATIONS NOT VISIBLE FROM STREET (Outside of front setback area. The
measurements of all walls and fences referenced herein shall be from the lowest grade
adincent In the wall nr fenrr 1
Section 2. The Code of Ordinances of die Town of Gulf Stream is hereby
amended at Chapter 71, Gulf Stream Design Manual for RM West and RM Bast
Multiple - Family Residential Districts, Section 71 -4, Site Development Regulations, to
read as follows:
Sec. 71.4. Site Development Regulations.
Below is a listing of required site development regulations for
multiple-family and single- family dwellings with the two multiple- family
districts. Single family homes are encouraged within these districts as the
incentives for such development have been identified in the table below.
MF - East District I MF - West District
INF ISF MF SF
Max. Bldg height 40' 40' • 35' 1 Sec 70 -100
Zoning Districts
OnlIfStream
Ocean Nest Beacl front Nortl✓Soulh
Place an
Care
11
I Soleff
Required
Pools -4 feet minimum
Walls must be finished on both sides
Fences must be two -sided or screened.
Preferred
Consistent with architectural style
Discouraged
Walls or
Walls or
Walls or
fences over
fences aver
fences over
6 feet.
6 feet.
6 feet.
Prohibited
PVC, Plastic or vinyl
Chainlink (unless concealed by plant material)
Any wall or fence over 8 feel, as measured from the lowest grade adjacent
to the wall or fence.
Walls and fences over 4 feet located between minor accessary setback line
and waters connected to he Intracoastal Waterway or the 1978 CCCL.
Solid continuous exposed walls.
Section 2. The Code of Ordinances of die Town of Gulf Stream is hereby
amended at Chapter 71, Gulf Stream Design Manual for RM West and RM Bast
Multiple - Family Residential Districts, Section 71 -4, Site Development Regulations, to
read as follows:
Sec. 71.4. Site Development Regulations.
Below is a listing of required site development regulations for
multiple-family and single- family dwellings with the two multiple- family
districts. Single family homes are encouraged within these districts as the
incentives for such development have been identified in the table below.
MF - East District I MF - West District
INF ISF MF SF
Max. Bldg height 40' 40' • 35' 1 Sec 70 -100
Max. $Stories
3
3*
3
2
Min. Lot Size
20,000 First +
5,000 After
20,000 *
20,000 First +
5,000 After
167500
Width
Front (rectangular)
100
100*
100
100
Front Point
(Pic shape)
100
40
100
40
Depth
100
100
100
75 * **
Maximum Lot Covenee
30%
L0%
30%
30%
Min.Buildine Separation
IS'
NA
NA
Min. Unit Size
One Bedroom
1000
NA
1000
NA
Twolledraom
1250
NA
1250
NA
Three Bedroom
1600
NA
1600 -
NA
Four Bedroom
1950
NA
1950
NA
Max. Bldg. Length
150'
NA
100
NA*
Max. Facade Length
without Jog or
Reduction orsturles
60'
50'
Setbacks
Front
78'CUAIA
50' All Others
50'AIA*
25' All Others
78'CUAIA
50' All Others
50'CUAIA
30' All Others
Side
25% Avg. Width
and
25' Min.
30% Avg. Width
and
15' Min.-
25% Avg. Width
and
25' Min **
30% Avg. Width
and
15' Min.
Rear
257CCCL
257CCCL
25'
20'*
Corner
TBD
TBD
TBD
TBD
MIT - Multi-story
Landscape
Acquired
Preferred
Required
Prefem:d
* SF incentive
** If 2 stories or less - multi - family use 30% widdh/15' min.
** *Front setback reduced to 25' min. if specific standards for review met
Section 3. The Cade of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 71, Gulf Stream Design Manual for RM Wcst and RM Fast
Multiple - Family Residential Districts, Section 71 -7, Multiple - Family Residential Design
Guidelines, to add a new Subsection (n), Fences, to read as follows:
Section 71 -7. Multiple- Family Residential Design Guidelines.
Section 4. Sevembilily.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
be given effect without the invalid provisions or applications, and to this end We
provisions of this Ordinance are hereby declared severable.
Section 5. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Gulf Stream, Plarida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 6. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Gulf Stream.
Section 7. Effective Dale.
This Ordinance shall take effect immediately upon its Passage and approval, as
provided by law.
PASSED AND ADOPTED in a regular, adjourned session on first reading this
10thday of Senteaber , 2010, and for a second and final reading on this 8th day
of October ,2010.
ATTEST:
Milk /
Commissioner
memorandum
TO: William Thrasher
Town Manager
FROM: Marty R.A. Minor, AICP
DATE: January 10, 2014
RE: LANDSCAPE CODETEXT AMENDMENT
k Id"
STUDIO
Urban Planning and Design
Landscape Architecture
Communication Graphics
Pursuant to your request, the proposed text amendment to the Town's Landscape Code and to correct
an omission within the Windows section of the Gulf Stream Design Manual.
The proposed text amendment (attached) makes the following changes:
• Within Section 70 -148 the suggestion that landscaping issues be addressed on a district level
has been changed to a requirement and the requirement for irrigation has been added.
• Within Section 70 -148, the list of exotic plants under the "Discouraged" heading has been
expanded and moved to the "Prohibited" list. The list has been expanded to include more
exotic, invasive species that are common in South Florida. In addition, this change is consistent
with Policy 6.1.3.1. of the Conservation Element of the Town's Comprehensive Plan, which
states: "All nuisance and invasive exotic vegetation shall be removed at the time of
development or redevelopment of a site."
• New Section 70 -151 has been added. This section makes the landscaping standards apply to
new development and redevelopment. The section also requires a landscape permit from the
Town for property owners who revise or replace more than 25% of the existing vegetation.
• Within Section 70 -101, Windows, the requirements have been revised to prohibit undivided
windows over three feet in width or larger than 16 square feet visible from the street or
waterway.
Please review the proposed amendments and let me know if you have any additions, deletions or
revisions.
PROPOSED CODE AMENDMENT
Sec. 70 -146. Purpose.
(a) The landscape architectural standards have been developed to reinforce the overall
character and the image of the town environment.
(b) The primary objectives of the landscape standards are to:
(1) Reinforce the community's identity.
(2) Enhance visual quality.
(3) Provide buffering.
(4) Provide a pleasant environment for living areas.
(5) Provide a pleasant environment for driving, walking, and other activities in the
community.
(c) The correct selection of plant material:
(1) Beautifies the strectscape and softens buildings.
(2) Controls glare.
(3) Controls wind and directs breezes.
(4) Provides shade.
(5) Reduces evapo- transpiration rates and humidity.
(6) Reinforces the identity of various districts.
3'
ar
_Y�
Landscape elements help to refine boundaries and reinforce the identity of
community
Sec. 70 -147. Planting techniques.
The town has a diverse selection of plant material and varying compositions. Formal, informal,
manicured, and naturalistic planting techniques are evident.
(1) Formal. The arrangement of plant material in an ordered unified repetitious way
(usually even number of groupings).
(2) Informal. The arrangement of plant material in a random grouping or asymmetric
design.
(3) Manicured. Well- maintained and regularly pruned.
(4) Naturalistic. Allowed to grow freely with minimal maintenance.
��I . _ I
= e a .
M a n i c u r e d
F o r m a l p l a n t i n g c r e a t e s u n i f i e d
r h y t h m
I n f o r m a l
N a t u r a l i s t i c
Informal, multi - layered
planting
Manicured, well - maintained
hedges along private roadway
Naturalistic entry planting
Sec. 70 -148. Principles.
Because of this diversity, no particular style or technique is encouraged or discouraged overall.
Landscape issues shall sheu4d be addressed on a district level basis. Some underlying principles
do apply to the town as a wbole:
(1) Required.
Minimum landscaped open space of 40 percent of the lot area (pool decks and
driveway area shall not count towards the 40 percent open space)
Irrigation shall be provided consistent with Section 66 -399 of this code.
(2) Preferred.
Consistency of neighborhood maintenance techniques
Consistency of neighborhood plant material, scale, massing, and selection
Controlled and planned use of exotics
Efficient irrigation
Protection and enhancement of existing plant material
Semi - pervious driveway material (Chattahoochee stone, pavers)
Use of natives
Xeriscaping techniques
(3) Discouraged.
Hedges over four feet if located within 15 feet of the ICW W or seaward of the 1978
CCCL
hivasive, eti
Aeaeia species
idea
SEhinus terebinth
Large expanses of impervious driveway materials
(4) Prohibited.
In Place Au Soleil, hedges over four feet if located within 15 feet of a canal as
measured from the landward edge of the seawall cap. Any hedges currently existing
which are in contravention of this provision shall be removed or brought into
compliance no later than September 1, 2005.
Chainlink fence unless concealed 100 percent by plant material
Driveway materials using primary or bright, bold colors (red, blue, etc.)
Painted driveways
Removal of any plant material within the right -of -way without town approval
Removal of trees and palms (other than invasive exotics) over eight inches in caliper
without town approval of a land clearing plan
The use of synthetic or artificial plant material
Tire strip driveways
Invasive, exotic species:
Australian pine (Casuarina sap.). except where permitted in the North Ocean
Boulevard Overlay District
Brazilian Pepper (Schinus terebinthefolius)
Meleleuca (Meleleuca quinquenervia)
Old -World Climbing fern (Lygodium microphyllum)
Air Potato Vine (Dioscorea bulbifera)
Caaotwood (Cupanionsis anacardiodies)
Earleaf Acacia (Acacia auriculiformis)
Schefflera (Scheffiem actinophvlla)
Kudzu (Pueraria montana var. lobata)
(Ord. No. 00 -1, §§ 49, 50, 3- 10 -00; Ord. No. 04 -9, § 3, 2- 11 -05)
Sec. 70 -149. Typical native plants.
Listed below are some of the native plants that are
(1) Ground covers.
Tall Sea Ox -Eye Daisy
(2) Shrubs.
ICacoPlum
Firebush
Wax Myrtle
Hobe Sound Dwarf Cocoplum
Hawaiian Beach Berry
r-
(3) Palms.
Royal Palm
Paurotis Palm
,Saba) Palm
(4) Trees.
Dahoon Holly
Sea Grape
Satin Leaf
Pitch Apple
Live Oak
Mahogany -- -
Gumbo Limbo
Buttonwood
Sec. 70 -150. Other plants used in the town. J
(a) The following are examples of materials
(1) Ground
covers.
Chinese Taro
�- ISwordfern
Laua'e, East Indian Wart
Fern
Peace Lily
and presently found in the town:
Borrichia arborescens
jClirysobalanus icaco
Hamelia patens
Myrica cerifera
Chrysobalanus icaco
Scaevola frutescens
Roystonea elata
Acoclorrhaphe wrightii
Sabal palmetto
Ilex cassine
Coccoloba uvifera
Chrysophyllum olivifonne
Clusia roses
Quercus virginiana
Swietenia mahagoni
Bursem simaruba
Conocarpus erectus
y found in the town:
Alocasia cuculata
Nephrolepis exaltata
Polypodium phymatodes
Spathiphyllum clevelandi
(2) Tall shrubs.
(3) Shrubs.
(4) Vices.
(5) Pabns.
Dwarf Peace Lily
Dwarf Confederate
Jasmine
Southern Wax Privet
Oleander
Kopsia
Truk Island Beach Berry
Hibiscus
Sandankwa Viburnum
Ficus
Spathiphyllum "Wallisii"
Trachelospermum jasminoides
"Minima"
Ligustrum japonicum
Nerium oleander
Ochrosia parviflora
i
Scaevola koenigii
Hibiscus rosy sinensis
Viburnum suspensum
Ficus spp.
Surinam Cherry
Eugenia uniflora
Gardenia
Gardenia jasminoides
Ixora
Ixora'Singaporc', 'Maui', 'Nora Grant','Super
King' ctc.
Dwarf Oleander
Nerium oleander'Petite salmon'
Tobira
Pittosporum tobira
Crepe Jasmine
Tabcmaemontana divaricata
Chalcas
Murraya paniculata
Brown Bud Allamanda Allamanda cathartica'Hendersonii'
i
Bougainvillea 'Bougainvillea spectabilis
Monstera or Ceriman Monstera deliciosa
i
Confederate Jasmine Trachelospermum jasminoides
European Fan Palm
Areca Palm
Coconut Palm
Coconut Palm
Senegal Date Palm
Pigmy Date Palm
Chamaerops humilis
Chrysalidocarpus lutescens
Cocos nucifera "Malayan"
Cocos nucifera "Maypan"
Phoenix reclinata
Phoenix roebelenii
(b) Two excellent reference books are:
(1) Florida, My Eden (Exotic and Native Plants for Use in Tropic and
Subtropic Landscape) by Frederic B. Stresau, F.A.S.L.A.
(2) Florida Landscape Plants, Native and Exotic, revised edition, by John V.
Watkins and Thomas J. Sheehan.
Section 70 -151. Applicability and Permitting
The provisions of this division shall apply to all new development and redevelopment as defined
by Section 58 -76, within the Town. Property owners who revise or replace more than 25% of
Sec. 70 -101. Windows
(d) Prohibited.
(1) Floor -to- ceiling windows greater than one story.
(2) Reflective or mirrored glass.
(3) Glass block visible from street.
(4) Jalousie windows visible from street
(5) Undivided windows over three feet In width or larger than 16 square feet
visible from street or waterway.
(6) More than 50 percent of total window opening area on an elevation (there
must be a higher percentage of wall area than window area).
(7) More than 50 percent of total window opening area on a street or waterway
elevation composed of undivided panes larger than eight square feet
(8) Sliding glass doors on the front of the house
(6) Trees.
Alexander Laurel or
Kamani
Calophyllum inophyllum
Satin Leaf
Chrysophyllum oliviforme
Cattley Guava
Psidium littorale
Pigeon Plum I
Coccoloba diversifolia
(b) Two excellent reference books are:
(1) Florida, My Eden (Exotic and Native Plants for Use in Tropic and
Subtropic Landscape) by Frederic B. Stresau, F.A.S.L.A.
(2) Florida Landscape Plants, Native and Exotic, revised edition, by John V.
Watkins and Thomas J. Sheehan.
Section 70 -151. Applicability and Permitting
The provisions of this division shall apply to all new development and redevelopment as defined
by Section 58 -76, within the Town. Property owners who revise or replace more than 25% of
Sec. 70 -101. Windows
(d) Prohibited.
(1) Floor -to- ceiling windows greater than one story.
(2) Reflective or mirrored glass.
(3) Glass block visible from street.
(4) Jalousie windows visible from street
(5) Undivided windows over three feet In width or larger than 16 square feet
visible from street or waterway.
(6) More than 50 percent of total window opening area on an elevation (there
must be a higher percentage of wall area than window area).
(7) More than 50 percent of total window opening area on a street or waterway
elevation composed of undivided panes larger than eight square feet
(8) Sliding glass doors on the front of the house
INTER - OFFICE MEMORANDUM
TOWN OF GULF STREAM, FLORIDA
OFFICE OF THE TOWN MANAGER
WILLIAM H. THRASHER
DATE: April 3, 2014
TO: All Ad Hoc Committee Members
CHAIRMAN: William Boardman
COMMITTEE MEMBER: Richard Mouw
Patricia Randolph
Benjamin Schreier
RE: Records Request #C -105 - Directions for reporting Public Records Requested of you.
Listed below is a Public Records Request concerning any public records that may be in your possession.
Please read what is requested of you and forward the responsive documents to me at bthrasher(a)gulf-
stream.ore. Please indicate how many documents you are forwarding.
Request Dated March 31, 2014. "any Public Records generated by or received the Ad Hoc Committee or any
of its members through the date of this letter. "
If you do not have any such public records, please indicate that in an email response to me at the same
email address, bthrasher @gulf - stream.org.
To assist you in complying with this request here is the official definition of a Public Record from the
State of Florida Statute § 119:
"Public records" means all documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or ordinance or in
connection with the transaction of official business by any agency.
The Town will provide the requestor with all Ad Hoc Committee Agendas and backup materials that we
provided to you. We need you to provide to the Town with any of the above described "records" that you
have received personally and/or through e-mail (whether it is your personal e-mail account or the e-mail
account that was provided to you by the Town), text, or phone message.
Finally, if you have any questions concerning this request, please call Freda DeFosse at 561- 276 -5116
Thank you,
Bill
Kelly Avery
From:
Kelly Avery
Sent:
Wednesday, February 26, 2014 10:09 AM
To:
Ben Schreier; Patricia Randolph; Richard Mouw; William Boardman
Subject:
Ad Hoc Agenda for 2/28/14
Attachments:
02 -28 Agenda Packet.pdf
Please see the attached file for the meeting on Friday.
KeUy Avery
Accountant /Assistant to the Finance Director /Deputy Clerk
Town of Gulf Stream
100 Sea Rd.
Gulf Stream, FL 33483 -7427
561- 276 -5116
561- 737 -0188 fax
ka vent ?gulf- dream,org
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
CHAIRMAN:
COMMITTEE MEMBER:
William Boardman
Richard Mouw
Patricia Randolph
Benjamin Schreier
February 24, 2014
REGULAR MEETING BEING HELD BY THE AD HOC COMMITTEE OF THE TOWN OF GULF
STREAM, FLORIDA ON FRIDAY, FEBRUARY 28, 2014 AT 8:00 A.M., IN THE
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
h_TH:A�IBy l
I. Call to Order.
II. Roll Call.
III. Minutes of the Regular Meeting of 2- 13 -14.
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
V. Announcements.
A. Meeting Dates
1. Regular Meeting
a. March 12, 2014 @ 8:00 A.M.
b. March 26, 2014 @ 8:00 A.M.
c. April 9, 2014 @ 8:00 A.M.
d. April 23, 2014 @ 8:00 A.M.
VI. Communication from the Public (3 min. maximum)
VII. Items to be considered at this meeting.
A. Consider establishment of waivers
B. Finished Floor Elevation Increase (Sec. 70 -77)
C. Seawall Height & Cap (Sec.70 -78)
D. Installation of sidewalks & pathways
VIII. Items by Committee Members.
X. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE AD
HOC COMMITTEE 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. 286.0105, F.S.S.
MINUTES OF THE REGULAR MEETING HELD BY THE AD HOC COMMITTEE OF THE TOWN
OF GULF STREAM, FLORIDA, ON THURSDAY, FEBRUARY 13, 2014, AT 8:00 A.M. IN THE
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA
I. CALL TO ORDER: Chairman Boardman called the meeting to order at 8:06 A.M.
II. ROLL CALL:
Present and
William Boardman
Chairman
Participating
Richard Mouw
Committee Member�in�
Patricia Randolph
Benjamin Schreier
Committee Member
Committee Member
Also Present and
William H. Thrasher
Town Manager
CUD
Participating
Rita L. Taylor
Christopher O'Hare
Town Clerk
Resident
Robert Smythe
Personalized Power Systems
Will Ferrigno
Assurance Power Systems
Robert Biscardi
Sun Electric Service & Repair
Town Clerk Taylor announced that Committee Member David Bodker resigned from the Committee due to
some residents viewing it as
a conflict of interests and possibly self - serving.
Chairman Boardman inquired whether that information would be relayed to the Commission so that thcy
can appoint someone else.
Town Clerk Taylor stated that she would convey that item to the Commission.
III. MINUTES OF THE REGULAR MEETING OF 1- 16 -14:
Chairman Boardman corrected the statement he made in Agenda Item W. stating that it should read that
the public did not have an obligation to speak at the Ad Hoc Committee Meetings. He continued that since
this Committee is an Advisory Committee, the members did not have to be sworn in or file any financial
statements, as per Town Counsel Randolph's research. Chairman Boardman stated that here could be an
item on a future Agenda that provides a period for the public to speak. He continued that if that was not
done in n civil manner, that item would be removed from the Agenda.
IV. ADDITIONS. WITHDRAWALS, DEFERRALS. ARRANGEMENT OF AGENDA ITEMS:
Chairman Boardman suggested accommodating the generator company representatives present at this
meeting, by having them speak fast under Agenda Number VIII. "Items to be Considered at this Meeting ".
V. ANNOUNCEMENTS:
A. Meeting Dates
1. Regular Meetings
a. February 28, 2014 @ 8:00 A.M.
b. March 12, 2014 @ 8:00 A.M.
c. March 26, 2014 @ 8:00 A.M.
d. April 9, 2014 @ 8:00 A.M.
e. April 23, 2014 @ 8:00 A.M.
Ad Hoc Meeting
Town of Gulf sueam
February 13, 2014 — Page 2
DRAFT
Town Clerk Taylor announced the nest Ad Hoc Committee Meeting would be on February 28`s at 8:00
A.M.
Chairman Boardman discussed the letter which was sent out to 500 households in Town informing them of
the formation of the new Ad Hoc Committee, and requesting responses to the residents' issues they had with
the Town's Design Code. He continued that the Office received back eight (8) responses.
VI. COMMUNICATION FROM THE PUBLIC (3- MINUTE MAXIMUM
Christopher O'Hare thanked the Ad Hoc Committee for continuing with Public Comments. He discussed
his prospectus of the history of the Town's Building Code. Mr. O'Hare referred to the present Code as an
atrocity, and that the Design Manual was crafted as vague as possible. He referred to the present litigation
regarding building violations on Town Hall property. Mr. O'Hare discussed 4' vs. G' fence heights in Place au
Soleil, with regard to privacy. He stated that he hoped that this Committee would save the Town.
Chairman Boardman stated that it would be very helpful to have Mr. O'Hare write down his specific issues
or concepts for the Committee Members' review.
VII. CORRESPONDENCE AND SUGGESTIONS RECEIVED TO DATE:
Consider establishing waivers
Review Generator Regulations
Mechanical Equipment Setbacks
Maximum Lot Coverage
Review Landscape Code
Fence Heights
Signs
Elevation of Seawall caps
Roof Color & Material
North Ocean Blvd. Overlay in relation to 78' setback provision
Finished Floor Elevation — Possible FEMA change to 7.5'
Review Roof & Eave Heights & Entry Features
Installation of sidewalks & pathways
Chairman Boardman reported that on the upcoming Agendas, there will be a reminder of the topics and
any changes will be addressed. He stated that the Committee should complete their task by the end of April
2014. Chairman Boardman also detailed the above -named topics created by residents and Staff to be
discussed at future meetings.
Committee Member Schreier referred to FEMA change to 7.5' item should be of consideration of this
Committee.
Town Clerk Taylor stated that there were items received after the Agenda was sent out to Committee
Members, and she distributed them accordingly.
Ad Hoc Meeting D I LJJ n
Vona otGulrStream W /_ ^Y'
February 13, 2014 - Page 3
Chairman Boardman reported the additions to the original list: additional fence concerns, notification of
Robert Smythe, Personalized Power Systems presence at this day's meeting, speed limits and speed bumps
which he stated were not in the scope of this Committee, and Charter Revisions, with regard to architectural
designs for the Commissioners, which would be put on file for the proper Committee.
VIII. ITEMS TO BE CONSIDERED AT THIS MEETING:
Consider establishment of waivers
Review Dusting Regulations for Generators Sec.22 -78 through 22 -81.
Minor Accessory Setbacks — Mechanical Equipment Sec. 70 -51 & 70 -74.
Town Manager Thrasher stated that there are two (2) situations with regard to generators. He continued
that one has to do with the DBA decimal reading on the generators listed in Code Section 22 -77 that deals
with noise tolerance, and the other issue is in Code Section 70 -74 regarding the setback locations on the
property for generators. Town Manager Thrasher reported that there are five (5) districts that have separate
setback requirements for minor accessories. He described the generators' process application.
Chairman Boardman inquired regarding the setbacks in the Town's core or Place Au Soleil.
Town Manager Thrasher reported minor accessory front setbacks are 25' for the Town of Gulf Stream
core district, 12' on the side interior, 17' corner side, rear interior setback is 15', on AIA is 25', and anything
connected to water is 20'.
Mr. O'Hare interrupted and stated that the DBA is useless as noise should be regulated. He suggested that
the Town's Code should be more simplified, and not give so many details.
Chairman Boardman stated that Mr. O'Hare should not interrupt again, which Mr. O'Hare agreed to.
Robert Smythe stated the biggest item is the noise ordinance, and residential generators are not made to run
at full load. He continued the average home generator runs at less than 50 %. Mr. Smythe said putting the
generators at the property line works fine. He continued it does not say full load on the spec sheet. Mr.
Smythe reported that his equipment runs low and quiet, and meets the Town's Ordinance. He thanked the
Committee for his presence at the meeting and asked to have the code changed to normal running mode
which would solve all the problems.
Will Ferrigno stated that with most major manufacturers only one (1) identifies full running mode on their
spec sheets. He also stated that it would be reasonable for the Town to work with their companies because
they use quality products to meet noise requirements.
Chairman Boardman inquired regarding the Village of Golf and Town of Ocean Ridge.
To Hoe GulfSg F
Tonn ofGutfstrpm ILIr =��Si (/1�1�1
Febmary 13, 2014 — Page 4
Mr. Ferrigno stated Palm Beach County's requirement is 75 decimals. He continued that Town of Gulf
Stream is GG which is the quietest. Mr. Ferrigno responded that Village of Golf is 72 decimals.
Chairman Boardman inquired regarding what the equivalent code section states with the surrounding
communities.
Mr. Ferrigno stated that it lists normal running load. He also stated he will provide their infonnaton.
Committee Member Schreier inquired how often have there been complaints from Town's residents
regarding noise from generators.
Town Manager Thrasher stated there have been no complaints based on the present way of establishing of
the requirements. He continued that it appears that the residents are satisfied with the code to provide a quiet
environment for their lifestyle.
Mr. Ferrigno inquired if there were complaints with the other way.
Town Manager Thrasher responded that there were verbal complaints.
Bar. Ferrigno stated they are only trying to get approval for the normal product for 64 db. He continued that
they are splitting hairs over 1 db.
Town Manager Thrasher stated the he agrees that the spec sheet is die guiding criteria for the generator
meeting the standard.
Mr. Ferrigno stated that their products do meet the standards and they do suffice. He continued that there is
not a cost issue to go with a lesser expensive unit.
Town Manager Thrasher reported it would be difficult for someone to arbitrarily administer a code for full
load or normal load. He stated that the present restrictive Town's Code works well and easily with the
present staff.
Air. Ferrigno inquired why the spec sheet the Town received was not being approved.
Chairman Boardman stated that he liked the uniform standing running rate and to not get into ambiguity.
He also addressed the issues of setbacks with regard to being common with 15' rear setbacks in both
neighborhoods.
Robert Biscardi stated that the Town is much higher than most communities.
Committee Member Schreier inquired why generators were put on the Agendas.
Ad Hoc Meeting
Town ofGuIrSttcam
February 13, 2014 — Page 5
DRAFT
Chairman Boardman responded that he put that item on the Agenda. He continued that his concern was
with the other equipment, e.g. pool heaters, pool pumps. Chairman Boardman stated that when there is
major renovation at the home, that equipment is put in the rear of the home and it affects the neighbor.
Board Member Schreier stated that that equipment should be placed beyond the side setbacks rather than in
the backyard. He continued there should be two (2) pieces of equipment per setback. Board Member
Schreier reported that there are different variables with plus and minuses for each case.
Committee Member Mouw agreed to a normal load and to rely on the manufacturer's data.
Chairman Boardman inquired iE you can put an air conditioning unit in the back property.
Town Manager Thrasher responded front, side, or rear, as long as they meet the requirements.
Chairman Boardman thanked the representatives from the generator companies for their tune. He reported
that the Ad Hoc Committee is not an action Committee. Chairman Boardman continued that at the end of
April, the Committee will submit a "package" to the ARPB Committee, and then they make a
recommendation to the Commission who then approves any changes.
Town Manager Thrasher, in reply to a question from Mr. Smythe, reported that an Ordinance could take
from nine (9) to twelve (12) months.
Town Manager Thrasher addressed the inquiry from Mr. O'Hare regarding four (4) fences in Place Au
Soleil which are prohibited in Code Section 70 -187 due to the fact they are over 4.
Chairman Boardman asked the Committee if they had any comments regarding the other types of
equipment, e.g. pool heaters and pool pumps.
Committee Member Mouw stated that the Town should adhere to normal load with regard to generators,
and rely on manufacturer's data rather than having the Town do the ratings which could be flawed.
Town Manager Thrasher reported that the Town does have a Noise Ordinance but there is no section in
that Ordinance to have anyone going out to do any dba readings.
Committee Member Schreier suggested taking the Noise Ordinances out of the code because of grey areas.
Town Clerk Taylor reported that there is not just one overall Noise Ordinance. She continued that those
things are addressed differently, e.g. the generators are addressed, and construction noise is addressed
separately.
Ad Hoc hfecting
Toan of Gulf Stream
February 13,2014 — Page 6
DRapy
Committee Member Mouw reported a nuisance in his own neighborhood of a malfunctioning pool pump
that has been very disturbing and suggested this would be an instance where a decibel reading should be
taken.
Town Manager Thrasher said a typical response from the Town would be to communicate with the
homeowner regarding the noise to make sure they are aware of it, and to inform them of the annoyance to
their neighbors. He continued that in 99.9% of the time, the owners are very cooperative rectifying the issue.
Chairman Boardman addressed the smaller lots and the issues with pool heaters and pool pumps. He
stated if someone lives on one of these exception lots, that equipment can be no closer to the property line
than it is to your house. Chairman Boardman felt this to be an extraordinarily fair solution. He also stated
that this was not applicable to most installations.
Town Manager Thrasher referred to Code Section 70 -75 which relates to special exceptions to setbacks.
He continued that there are sir (117 standards that must be met which includes the above- mentioned
exception.
Chairman Boardman repeated that the equipment has to be on the side of the house and closer to your
house than the property line.
Committee Member Schreier stated that this is a no win situation. He continued with examples of privacy
walls between neighbors that he has built homes for.
Chairman Boardman stated that he wanted easier issues on the Agenda for the first Ad Hoc Meeting. He
also hoped that the Committee would shy away from creating ambiguities.
Committee Member Randolph asked for an explanation of the Noise Ordinance.
Town Manager Thrasher reported that in regards to noise, the Town of Gulf Stream is not as restrictive as
other towns.
Chairman Boardman asked for a motion on how the Town should measure the decible levels on
generators.
Committee Member Schreier suggested running db levels for residential generators. He continued that he
can put a generator within a setback in the Town of Boca Raton, but in Town of Palm Beach, he can put a
generator between the property lines and the setback.
Committee Member Schreier moved and Committee Member Mouw seconded to approve running
decimals for residential generators. All voted AYE.
Ad Hoe Meeting
Tmm of Gutf Stream
February 13, 2014 — Page 7
0RAIFIr
Chairman Boardman stated he did not sense that any conclusions should be reached at this time on
accessory equipment. He continued that there were requests from a number of residents on how the overall
process works. Chairman Boardman reported that getting a variance to a requirement is a very strict process
with elements of being very difficult. He suggested whether the ARPB should waive the requirements with
exceptional situations. Chairman Boardman reported that he has asked Town Counsel Randolph to prepare a
description of how a waiver might operate, as opposed to a variance and to produce some examples of the
language that other municipalities have used in waiver language. He continued that the heart of it is that
"What does it take to get a waiver or a variance "? Chairman Boardman further stated that there should be
some conclusion to the accessory items.
IX. ITEMS BY COMMITTEE MEMBERS:
Committee Member Mouw inquired regarding die replacement of Committee Member Bodker, who was
very knowledgeable with regard to the Landscape Code.
Town Clerk Taylor reported that there will be an appointment to fill his spot by the Commissioners.
Chairman Boardman stated that it will be difficult to review Landscape Code, without a landscape person.
Town Manager Thrasher inquired if this Committee had any suggestions regarding an appropriate
landscape person, they should email them to him.
Committee Member Schreier mentioned two (2) possible applicants: Novaro Williams and Joseph
Peterson who would be appropriate candidates for this Committee.
X. ADJOURNMENT:
Chairman Boardman adjourned the meeting at 9:30 A.M.
Sandra Fein
Recording Secretary
Rita Taylor
From: Randolph, John C. <JRandolph @jonesfoster.com>
Sent: Friday, February 14, 2014 1:19 PM
To: Rita Taylor
Subject: Ad Hoc Committee - Code Review
Rita,
You indicated that the ad hoc committee, at its meeting of Thursday, February 13, 2014, asked that I provide
examples of "waiver' language which other communities use which could be used in place of granting a
variance, specifically as it relates to matters contained within the Gulf Stream Design Manual.
There are many ways to approach this matter. One is to allow for a special exception, as opposed to a
variance, for matters contained within in the Design Manual. Special exceptions, as you know, are less
restrictive than variances and do not require the showing of a hardship. The Town's current code lists
standards for special exceptions at Section 66 -164 which, when compared with the standards for variances at
Section 66 -154, are obviously less restrictive. I am not sure whether or not a special exception would be the
appropriate tool, however, to use in considering modification to criteria set forth in the Gulf Stream Design
Manual.
Another methodology with which I am familiar is to provide for alternative development standards. Alternative
development standards are used in place of the more severe standards relating to variances and contain
criteria such as the following:
A. The proposal will not cause substantial injury to the value of any other property in the neighborhood
where it is to be located.
B. Will be compatible with adjoining development and the intended purpose of the district in which it is to
be located.
C. Will be consistent with all relevant elements of the Town's Comprehensive Plan.
D. Will not result in substantial noise, dust, glare or odor impacts on any other property in the
neighborhood where it is to be located.
E. The use of alternative development standards will not result in a building which is more visible from
adjacent property or public rights -of -way than that which could be constructed without the use of alternative
development standards.
F. The proposal will result in a more conforming structure than the structure currently in place.
G. Proposed screens and buffers are sufficient to insure compatibility of the proposed structure with
adjacent properties.
An alternative to each of the above is simply to provide that the reviewing authority, at the discretion of the
reviewing authority may, it its sole discretion allow for a waiver to the design guidelines based upon good
cause shown. If this were to be the approach, I would recommend that there still be criteria similar to some of
those listed above.
will be happy to draft the appropriate language for consideration of waivers to the current design
guidelines. It seems to me that the current task of the ad hoc committee is to advise staff as to whether they
wish to consider waivers in the first instance and whether or not those waivers should be provided for all
design guidelines or for specific design guidelines. I do not recommend that the waiver process be provided
for substantive regulations relating to height, setbacks, lot coverage, etc., as I believe variances are the
appropriate tool to use in those instances.
I will be happy to provide further information in regard to this at your request.
JOHN C. RANDOLPH
JONESHO TER
10111AtON,W"v sS %i
John C. Randolph Attorney
Direct Dial: 561.650.0458 j Fax: 561.650.5300 1 irandolnh , ionesfoster.com
Jones, Poster, Johnston & Stubbs, P.A.
plagler Center Tower, 505 South hlagler Drive, Suite 1100, Vest Palm Beach, Florida 33401
561- 659 -30110 I www.jonesfoster.corn
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to
be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming cma0s are filtered which may delay receipt. 11is email is personal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
Freda Defosse
From:
Randolph, John C. <JRandolph @jonesfoster.com>
Sent:
Tuesday, February 25, 2014 4:23 PM
To:
Bill Thrasher
Subject:
Ad Hoc Committee - Waivers
MM
You have asked me to provide you, at the request of the Ad Hoc Committee, language with which I am familiar
which has been used in other codes relating to waivers.
One such code which prohibits boats from being hoisted or davited which are over 31 feet in length and which
are more than eight feet above the mean high water has a provision which states: 'These regulations may be
waived by the Town Commission for good cause shown upon application filed with the Town." That particular
regulation is no longer in effect, but it is an example of a waiver provision. This provision, however, is not part
of the zoning code but it is a regulation relating only to hoisting or daviting boats.
The Town of Palm Beach has a provision within its code which allows for dimensional waivers in certain
circumstances. These waivers provide for relief from the strict application of certain dimensional requirements
of the zoning code relating specifically to additions to or renovations of existing single family development
constructed prior to 1980 and /or modifications to landmarked structures or properties. The granting of these
waivers require certain specific criteria to be met. For example, dimensional waivers for landmarked properties
provide that "The dimensional waivers may be applied to applications that seek to deviate from the strict
application of the underlying zoning district regulations." In this case the waiver is only granted if the
architectural design is complementary to the architecture of the building; appears subordinate to those parts of
the landmarked building that materially contribute to its landmark status; does not block public views of those
parts of the landmarked building that materially contribute to its landmarked status; the footprint of the building
or structure between the required setback and the reduced setback is diminimus, etc. etc.
Obviously, the above regulations would not apply in the event of a waiver that is under consideration by the ad
hoc committee, but they are quoted to demonstrate the fact that when a waiver is allowed it contains certain
criteria rather than simply allowing a waiver at the discretion of the governing body. The Ad Hoc Committee
may wish to consider granting waivers using criteria similar to criteria used for the granting of special
exceptions. For example:
Waivers may be granted to these Design Guidelines for good cause shown upon application filed with the
Town. Requirements for granting a waiver are as follows:
1. Granting the waiver will not cause substantial injury to the value of other property in the neighborhood
where it is to be located.
2. The waiver, if granted, will be compatible with adjoining development and the intended purpose of the
district in which it is to be located.
3. The waiver, if granted, will be compatible with other design elements of the structure.
4. The waiver, if granted, will not do an injustice to the integrity of the Design Guidelines within the district.
5. The waiver, if granted, is meritorious to the Town because of its general appearance and adherence to
the majority of the design elements within the structure.
The above are examples of the type of criteria which could be considered in the event a waiver is to be
granted.
I hope this information is of some assistance. I will be happy to answer any questions or offer any other
information relating to this matter.
JOHN C. RANDOLPH
JONESFOS 1 ZA
yuuacaox &sitlaas r
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Pax: 561.650.5300 1 irandolph(aljonesfoster.com
Jones, Poster, Johnston & Stubbs, P.A.
Flagler Center Toner, 505 South llagler Drive, Suite 1100, West Mahn Beach, Florida 33401
561 -659 -3000 I www.jonesfoster.com
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to
brand cannot be relied upon w avoid penalties that may be imposed by the Internal Revenue Service.
Incoming ema is are Filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is proltibited. Please immediately notify us by email and delete the original message.
Kelly Avery
From:
Bill Thrasher
Sent:
Wednesday, February 26, 2014 2:30 PM
To:
William Boardman; Ben Schreier; Patricia Randolph; Richard Mouw
Cc:
Bill Thrasher
Subject:
Agenda and backup
Attachments:
02 -28 Agenda Packet.pdf
Your agenda and backup packet.
2➢
CHAIRMAN:
COMMITTEE MEMBER
William Boardman
Richard Mouw
Patricia Randolph
Benjamin Schreier
February 24, 2014
REGULAR MEETING BEING HELD BY THE AD HOC COMMITTEE OF THE TOWN OF GULF
STREAM, FLORIDA ON FRIDAY, FEBRUARY 28, 2014 AT 8:00 A.M., IN THE
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
AGENDA
I. Call to Order.
II. Roll Call.
III. Minutes of the Regular Meeting of 2- 13 -14.
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
V. Announcements.
A. Meeting Dates
1. Regular Meeting
a. March
12,
2014
@ B:00 A.M.
b. March
26,
2014
@ 8:00 A.M.
c. April
9,
2014
@ 8:00 A.M.
d. April
23,
2014
@ 8:00 A.M.
VI. Communication from the Public (3 min. maximum)
VII. Items to be considered at this meeting.
A. Consider establishment of waivers
B. Finished Floor Elevation Increase (Sec. 70 -77)
C. Seawall Height & Cap (Sec.70 -78)
D. Installation of sidewalks & pathways
VIII. Items by Committee Members.
X. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE AD
HOC COMMITTEE 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. 286.0105, F.S.S.
MINUTES OF THE REGULAR MEETING HELD BY THE AD HOC COMMITTEE OF THE TOWN
OF GULF STREAM, FLORIDA, ON THURSDAY, FEBRUARY 13, 2014, AT 8:00 A.M. IN THE
COMIVIISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA
I. CALL TO ORDER: Chairman Boardman called the meeting to order at 8:06 A.M.
II. ROLL CALL:
Present and
William Boardman
Chairman
Participating
Richard Mou-v
Committee Member �in7
Patricia Randolph
Benjamin Schreier
Committee Member
Committee Member
Also Present and
William H. Thrasher
Town Manager
CUD
Participating
Rita L. Taylor
Town Clerk
Christopher O'Hare
Resident
Robert Smythe
Personalized Power Systems
Will Fetrigno
Assurance Power Systems
Robert Biscardi
Sun Electric Service & Repair
Town Clerk Taylor announced that Committee Member David Bodker resigned from the Committee due to
some residents viewing it as
a conflict of interests and possibly
self - serving.
Chairman Boardman inquired whether that information would be relayed to the Commission so that they
can appoint someone else.
Town Clerk Taylor stated that she would convey that item to the Commission.
III. MINUTES OF THE REGULAR MEETING OF 1- 16 -14:
Chairman Boardman corrected the statement he made in Agenda Item !V. stating that it should read that
the public did not have an obligation to speak at the Ad Hoc Committee Meetings. He continued that since
this Committee is an Advisory Committee, the members did not have to be sworn in or file any financial
statements, as per Town Counsel Randolph's research. Chairman Boardman stated that there could be an
item on a future Agenda that provides a period for the public to speak. He continued that if that was not
done in a civil manner, that item would be removed from the Agenda.
IV. ADDITIONS. WITHDRAWALS, DEFERRALS, ARRANGEMENT OF AGENDA ITEMS:
Chairman Boardman suggested accommodating the generator company representatives present at this
meeting, by having them speak first under Agenda Number VIII. "Items to be Considered at this Meeting'.
V.
A. Meeting Dates
1. Regular Meetings
a. February 28, 2014 @ 8:00 A.M.
b. March 12, 2014 @ 8:00 A.M.
c. March 26, 2014 @ 8:00 A.M.
d. April 9, 2014 @ 8:00 A.M.
e. April 23, 2014 @ 8:00 A.M.
Ad Hoc hlccting
Tara of Gulf Sueam
February 13, 2014— Page 2
D GUFT
Town Clerk Taylor announced the next Ad Hoc Committee Meeting would be on February 28ih at 8:00
A.M.
Chairman Boardman discussed the letter which was sent out to 500 households in Town informing them of
the formation of the new Ad Hoc Committee, and requesting responses to the residents' issues they had with
the Town's Design Code. He continued that the Office received back eight (8) responses.
VI. COMMUNICATION FROM THE PUBLIC 0- MINUTE MAXIMUM:
Christopher O'Hare thanked the Ad Hoc Committee for continuing with Public Comments. He discussed
his prospectus of the history of the Town's Building Code. Mr. O'Hare referred to the present Code as an
atrocity, and that the Design Manual was crafted as vague as possible. He referred to the present litigation
regarding building violations on Town Hall property. Mr. O'Hare discussed 4' vs. 6' fence heights in Place au
Soled, with regard to privacy. He stated that he hoped that this Committee would save the Town.
Chairman Boardman stated that it would be very helpful to have Mr. O'Hare write down his specific issues
or concepts for the Committee Members' review.
VII. CORRESPONDENCE AND SUGGESTIONS RECEIVED TO DATE:
Consider establishing waivers
Review Generator Regulations
Mechanical Equipment Setbacks
Maximum Lot Coverage
Review Landscape Code
Fence Heights
Signs
Elevation of Seawall caps
Roof Color & )Material
North Ocean Blvd. Overlay in relation to 78' setback provision
Finished Floor Elevation — Possible FEMA change to 7.5'
Review Roof & Eave Heights & Entry Features
Installation of sidewalks & pathways
Chairman Boardman reported that on the upcoming Agendas, there will be a reminder of the topics and
any changes will be addressed. He stated that the Committee should complete their task by the end of April
2014. Chairman Boardman also detailed the above -named topics created by residents and Staff to be
discussed at future meetings.
Committee Member Schreier referred to FEMA change to 7.5' item should be of consideration of this
Committee.
Town Clerk Taylor stated that there were items received after the Agenda was sent out to Committee
Members, and she distributed them accordingly.
Ho <Meetbtg
To w
Ton ofGulFStream u�r / -11� p cU g*
Febmary 13, 2014— Page 3
Chairman Boardman reported the additions to the original list: additional fence concerns, notification of
Robert Smythe, Personalized Power Systems presence at this day's meeting, speed limits and speed bumps
which he stated were not in the scope of this Committee, and Charter Revisions, with regard to architectural
designs for the Commissioners, which would be put on file for the proper Committee.
VIII. ITEMS TO BE CONSIDERED AT THIS MEETING:
Consider establishment of waivers
Review Existing Regulations for Generators Sec.22 -78 through 22 -81.
Minor Accessory Setbacks — Mechanical Equipment Sec. 70 -51 & 70 -74.
Town Manager Thrasher stated that there are two (2) situations with regard to generators. He continued
that one has to do with the DBA decimal reading on the generators listed in Code Section 22 -77 that deals
with noise tolerance, and the other issue is in Code Section 70 -74 regarding the setback locations on the
property for generators. Town Manager Thrasher reported that there ate five (5) districts that have separate
setback requirements for minor accessories. He described the generators' process application.
Chairman Boardman inquired regarding the setbacks in the Town's core or Place Au Soleil.
Town Manager Thrasher reported minor accessory front setbacks are 25' for the Town of Gulf Stream
core district, 12' on the side interior, 17' comer side, rear interior setback is 15', on AlA is 25', and anything
connected to water is 20'.
Mr. O'Hare interrupted and stated that the DBA is useless as noise should be regulated. He suggested that
the Town's Code should be more simplified, and not give so many details.
Chairman Boardman stated that air. O'Hare should not interrupt again, which Mr. O'Hare agreed to.
Robert Smythe stated the biggest item is the noise ordinance, and residential generators are not made to run
at full load. He continued the average home generator runs at less than 50 %. Mr. Smythe said putting the
generators at the property line works fine. He continued it does not say full load on the spec sheet. Mr.
Smythe reported that his equipment runs low and quiet, and meets the Town's Ordinance. He thanked the
Committee for his presence at the meeting and asked to have the code changed to normal running mode
which would solve all the problems.
Will Ferrigno stated that with most major manufacturers only one (1) identifies full running mode on their
spec sheets. He also stated that it would be reasonable for the Town to work with their companies because
they use quality products to meet noise requirements.
Chairman Boardman inquired regarding the Village of Golf and Town of Ocean Ridge.
Ad Hoe AklfS
io CIT
n�n ofGulf Strcm
Fe6mary 13, 2014 —Page 4
Mt. Ferrigno stated Palm Beach County's requirement is 75 decimals. He continued that Town of Gulf
Stream is 66 which is the quietest. Mr. Ferrigno responded that Pillage of Golf is 72 decimals.
Chairman Boardman inquired regarding what the equivalent code section states with the surrounding
communities.
Mr. Ferrigno stated that it lists normal running load. He also stated he will provide their information.
Committee Member Schreier inquired how often have there been complaints from Town's residents
regarding noise from generators.
Town Manager Thrasher stated there have been no complaints based on the present way of establishing of
the requirements. He continued that it appears that the residents are satisfied with the code to provide a quiet
environment for their lifestyle.
Mr. Ferrigno inquired if there were complaints with the other way.
Town Manager Thrasher responded that there were verbal complaints.
Mr. Ferrigno stated they are only trying to get approval for the normal product for 64 db. He continued that
they are splitting hairs over 1 db.
Town Manager Thrasher stated the he agrees that the spec sheet is the guiding criteria for the generator
meeting the standard.
Mr. Ferrigno stated that their products do meet the standards and they do suffice. He continued that there is
not a cost issue to go with a lesser expensive unit.
Town Manager Thrasher reported it would be difficult for someone to arbitrarily administer a code for full
load or normal load. He stated that the present restrictive Town's Code works well and easily with the
present staff.
Mr. Ferrigno inquired why the spec sheet the Town received was not being approved.
Chairman Boardman stated that he liked the uniform standing running rate and to not get into ambiguity.
He also addressed the issues of setbacks with regard to being common with 15' rear setbacks in both
neighborhoods.
Robert Biscardi stated that the Town is much higher than most communities.
Committee Member Schreier inquired why generators were put on the Agendas.
Ad Hoc Meeting
Town of Gulf Smatn
February n, 2014 — Page 5
DRAFT
Chairman Boardman responded that he put that item on the Agenda. He continued that his concern was
with the other equipment, e.g. pool heaters, pool pumps. Chairman Boardman stated that when there is
major renovation at the home, that equipment is put in the rear of the home and it affects the neighbor.
Board Member Schreier stated that that equipment should be placed beyond the side setbacks rather than in
the backyard. He continued there should be two (2) pieces of equipment per setback. Board Member
Schreier reported that there are different variables with plus and minuses for each case.
Committee Member Mouw agreed to a normal load and to rely on the manufacturer's data.
Chairman Boardman inquired if you can put an au conditioning unit in the back property.
Town Manager Thrasher responded front, side, or rear, as long as they meet the requirements.
Chairman Boardman thanked the representatives from the generator companies for their thee. He reported
that the Ad Hoc Committee is not an action Committee. Chairman Boardman continued that at the end of
April, the Committee will subunit a "package" to the ARPB Committee, and then they make a
recommendation to the Commission who then approves any changes.
Town Manager Thrasher, in reply to a question from Mr. Smythe, reported that an Ordinance could take
from nine (9) to twelve (12) months.
Town Manager Thrasher addressed the inquiry from Mr. O'Hare regarding four (4) fences in Place An
Soled which are prohibited in Code Section 70 -187 due to the fact they are over 4'.
Chairman Boardman asked the Committee if they had any comments regarding the other types of
equipment, e.g. pool heaters and pool pumps.
Committee Member Mouw stated that the Town should adhere to normal load with regard to generators,
and rely on manufacturer's data rather than having the Town do the ratings which could be flawed.
Town Manager Thrasher reported that the Town does have a Noise Ordinance but there is no section in
that Ordinance to have anyone going out to do any dba readings.
Committee Member Schreier suggested taking the Noise Ordinances out of the code because of grey areas.
Town Clerk Taylor reported that there is not just one overall Noise Ordinance. She continued that those
things are addressed differently, e.g. the generators are addressed, and construction noise is addressed
separately.
Ad Hoc Meeting
Town orGulf suenm
Febmary 13, 2014— Page 6
0fQF CIT
Committee Member Mouw reported a nuisance in his own neighborhood of a malfunctioning pool pump
that has been very disturbing and suggested this would be an instance where a decibel reading should be
taken.
Town Manager Thrasher said a typical response from the Town would be to communicate with the
homeowner regarding the noise to make sure they are aware of it, and to inform them of the annoyance to
their neighbors. He continued that in 99.9% of the time, the owners are very cooperative rectifying the issue.
Chairman Boardman addressed the smaller lots and the issues with pool heaters and pool pumps. He
stated if someone lives on one of these exception lots, that equipment can be no closer to the property line
than it is to your house. Chairman Boardman felt this to be an extraordinarily fair solution. He also stated
that this was not applicable to most installations.
Town Manager Thrasher referred to Code Section 70 -75 which relates to special exceptions to setbacks.
He continued that there are six (1) standards that must be me[ which includes the above - mentioned
exception.
Chairman Boardman repeated that the equipment has to be on the side of the house and closer to your
house than the property line.
Committee Member Schreier stated that this is a no win situation. He continued with examples of privacy
walls between neighbors that he has built homes for.
Chairman Boardman stated that he wanted easier issues on the Agenda for the first Ad Hoc Meeting. He
also hoped that the Committee would shy away from creating ambiguities.
Committee Member Randolph asked for an explanation of the Noise Ordinance.
Town Manager Thrasher reported that in regards to noise, the Town of Gulf Stream is not as restrictive as
other towns.
Chairman Boardman asked for a motion on how the Town should measure the decible levels on
generators.
Committee Member Schreier suggested running db levels for residential generators. He continued that he
can put a generator within a setback in the Town of Boca Raton, but in Town of Palm Beach, he can put a
generator between the property lines and the setback.
Committee Member Schreier moved and Committee Member Mouw seconded to approve running
decimals for residential generators. All voted AYE.
Ad Hoc Meeting
Tmm of Gulf Stream
February 13,2014 — Page 7
DRAIF Y
Chairman Boardman stated he did not sense that any conclusions should be reached at this time on
accessory equipment. He continued that there were requests from a number of residents on how the overall
process works. Chairman Boardman reported that getting a variance to a requirement is a very strict process
with elements of being very difficult. He suggested whether the ARPB should waive the requirements with
exceptional situations. Chairman Boardman reported that he has asked Town Counsel Randolph to prepare a
description of how a waiver might operate, as opposed to a variance and to produce some examples of the
language that other municipalities have used in waiver language. He continued that the heart of it is that
"What does it take to get a waiver or a variance "? Chairman Boardman further stated that there should be
some conclusion to the accessory items.
IX. ITEMS BY COMMITTEE MEMBERS:
Committee Member Mouw inquired regarding the replacement of Committee Member Bodker, who was
very knowledgeable with regard to the Landscape Code.
Town Clerk Taylor reported that there will be an appointment to fill his spot by the Commissioners.
Chairman Boardman stated that it will be difficult to review Landscape Code, without a landscape person.
Town Manager Thrasher inquired if this Committee had any suggestions regarding an appropriate
landscape person, they should email them to him.
Committee Member Schreier mentioned two (2) possible applicants: Novato Williams and Joseph
Peterson who would be appropriate candidates for this Committee.
X. ADJOURNMENT:
Chairman Boardman adjourned the meeting at 9:30 A.M.
Sandra Fein
Recording Secretary
Rita Taylor
From: Randolph, John C. <JRandolph @jonesfoster.com>
Sent: Friday, February 14, 2014 1:19 PM
To: Rita Taylor
Subject: Ad Hoc Committee - Code Review
Rita,
You indicated that the ad hoc committee, at its meeting of Thursday, February 13, 2014, asked that I provide
examples of "waiver' language which other communities use which could be used in place of granting a
variance, specifically as it relates to matters contained within the Gulf Stream Design Manual.
There are many ways to approach this matter. One is to allow for a special exception, as opposed to a
variance, for matters contained within in the Design Manual. Special exceptions, as you know, are less
restrictive than variances and do not require the showing of a hardship. The Town's current code lists
standards for special exceptions at Section 66 -164 which, when compared with the standards for variances at
Section 66 -154, are obviously less restrictive. I am not sure whether or not a special exception would be the
appropriate tool, however, to use in considering modification to criteria set forth in the Gulf Stream Design
Manual.
Another methodology with which I am familiar is to provide for alternative development standards. Alternative
development standards are used in place of the more severe standards relating to variances and contain
criteria such as the following:
A. The proposal will not cause substantial injury to the value of any other property in the neighborhood
where it is to be located.
B. Will be compatible with adjoining development and the intended purpose of the district in which it is to
be located.
C. Will be consistent with all relevant elements of the Town's Comprehensive Plan.
D. Will not result in substantial noise, dust, glare or odor impacts on any other property in the
neighborhood where it is to be located.
E. The use of alternative development standards will not result in a building which is more visible from
adjacent property or public rights -of -way than that which could be constructed without the use of alternative
development standards.
F. The proposal will result in a more conforming structure than the structure currently in place.
G. Proposed screens and buffers are sufficient to insure compatibility of the proposed structure with
adjacent properties.
An alternative to each of the above is simply to provide that the reviewing authority, at the discretion of the
reviewing authority may, it its sole discretion allow for a waiver to the design guidelines based upon good
cause shown. If this were to be the approach, I would recommend that there still be criteria similar to some of
those listed above.
I will be happy to draft the appropriate language for consideration of waivers to the current design
guidelines. It seems to me that the current task of the ad hoc committee is to advise staff as to whether they
wish to consider waivers in the first instance and whether or not those waivers should be provided for all
design guidelines or for specific design guidelines. I do not recommend that the waiver process be provided
for substantive regulations relating to height, setbacks, lot coverage, etc., as I believe variances are the
appropriate tool to use in those instances.
I will be happy to provide further information in regard to this at your request.
JOHN C. RANDOLPH
JONESFO -STER
}ouasrovest uans, r.�.
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandolphajonesfostencorn
Jones, Paster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561 -659 -3000 1 wanv.jonesfoster.com
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to
be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Senice.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
Freda Defosse
From:
Randolph, John C. <JRandolph @jonesfoster.com>
Sent:
Tuesday, February 25, 2014 4:23 PM
To:
Bill Thrasher
Subject:
Ad Hoc Committee - Waivers
MM
You have asked me to provide you, at the request of the Ad Hoc Committee, language with which I am familiar
which has been used in other codes relating to waivers.
One such code which prohibits boats from being hoisted or davited which are over 31 feet in length and which
are more than eight feet above the mean high water has a provision which states: 'These regulations may be
waived by the Town Commission for good cause shown upon application filed with the Town." That particular
regulation is no longer in effect, but it is an example of a waiver provision. This provision, however, is not part
of the zoning code but it is a regulation relating only to hoisting or daviting boats.
The Town of Palm Beach has a provision within its code which allows for dimensional waivers in certain
circumstances. These waivers provide for relief from the strict application of certain dimensional requirements
of the zoning code relating specifically to additions to or renovations of existing single family development
constructed prior to 1980 and /or modifications to landmarked structures or properties. The granting of these
waivers require certain specific criteria to be met. For example, dimensional waivers for landmarked properties
provide that "The dimensional waivers may be applied to applications that seek to deviate from the strict
application of the underlying zoning district regulations." In this case the waiver is only granted if the
architectural design is complementary to the architecture of the building; appears subordinate to those parts of
the landmarked building that materially contribute to its landmark status; does not block public views of those
parts of the landmarked building that materially contribute to its landmarked status; the footprint of the building
or structure between the required setback and the reduced setback is diminimus, etc. etc.
Obviously, the above regulations would not apply in the event of a waiver that is under consideration by the ad
hoc committee, but they are quoted to demonstrate the fact that when a waiver is allowed it contains certain
criteria rather than simply allowing a waiver at the discretion of the governing body. The Ad Hoc Committee
may wish to consider granting waivers using criteria similar to criteria used for the granting of special
exceptions. For example:
Waivers may be granted to these Design Guidelines for good cause shown upon application filed with the
Town. Requirements for granting a waiver are as follows:
1. Granting the waiver will not cause substantial injury to the value of other property in the neighborhood
where it is to be located.
2. The waiver, if granted, will be compatible with adjoining development and the intended purpose of the
district in which it is to be located.
3. The waiver, if granted, will be compatible with other design elements of the structure.
4. The waiver, if granted, will not do an injustice to the integrity of the Design Guidelines within the district.
5. The waiver, if granted, is meritorious to the Town because of its general appearance and adherence to
the majority of the design elements within the structure.
The above are examples of the type of criteria which could be considered in the event a waiver is to be
granted.
I hope this information is of some assistance. I will be happy to answer any questions or offer any other
information relating to this matter.
JOHN C. RANDOLPH
JONESFOSTER
—�-- }ouxstaxmMi9as, rA.
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 pax: 561.650.5300 1 irandolphoionesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center lower, 505 South Hagler Drive, Suite 1100, West Palm Beach, Florida 33401
561 -659 -3000 1 www.joncsfoster.com
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Kelly Avery
From: Kelly Avery
Sent: Monday, March 24, 2014 4:14 PM
To: Ben Schreier; Patricia Randolph; Richard Mouw; William Boardman
Attachments: 03 -26 Agenda Packet.pdf
Please see the attached for the Wednesday meeting.
Kelly Avery
Accountant /Assistant to the Finance Director /Deputy Clerk
Town of Gulf Stream
100 Sea Rd.
Gulf Stream, FL 33483 -7427
561- 276 -5116
561- 737 -0188 fax
i 49W-sfreamarg
.o
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writing.
CHAIRMAN:
COMMITTEE MEMBER:
William Boardman
Richard Mouw
Patricia Randolph
Benjamin Schreier
March 21, 2014
REGULAR MEETING BEING HELD BY THE AD HOC COMMITTEE OF THE TOWN OF GULF
STREAM, FLORIDA ON WEDNESDAY, MARCH 26, 2014 AT 8:00 A.M., IN THE
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
I. Call to Order.
II. Roll Call.
III. Minutes
A. Meeting of
B. Meeting of
AGENDA
February 13,2014
February 28, 2014
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
V. Announcements.
A. Meeting Dates
1. Regular Meeting
a. April 9, 2014 @ 8:00 A.M.
b. April 23, 2014 @ 8:00 A.M.
VI. Communication from the Public (3 min. maximum)
VII. Items to be considered at this meeting.
A. Consider Establishment of Waivers
B. Setbacks for Mechanical Equipment Sec. 70- 51(4) &Sec.70 -74
C. Fence Heights & Materials Sec. 70 -187 6. & 7.
D. Installation of Sidewalks & Pathways
VIII. Items by Staff.
IX. Items by Committee Members.
X. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE AD
HOC COMMITTEE 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. 286.0105, F.S.S.
.t
MINUTES OF THE REGULAR MEETING HELD BYTHE AD HOC COMMITTEE OF THE TOWN
OF GULF STREAM, FLORIDA, ON THURSDAY, FEBRUARY 13, 2014, AT 8:OOA.M. IN THE
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
CALLTO ORDER: Chairman Boardman called the meeting to order at 8:06 A.1 -.1,
II. ROLL CALL:
Present and
William Boardman
Chairman
Participating
Richard Mouw
Committee Member
Patricia Randolph
Committee Member
Benjamin Schreier
Committee Member
Also Present and
William H. Thrasher
Town Manager
CW
Participating
Rita L. Taylor
Town Clerk
Christopher O'Hare
Resident
Robert Smythe
Personalized Power Systems
Will Ferrigno
Assurance Power Systems
Robert Biscardi
Sun Electric Service & Repair
Town Clerk Taylor announced that Committee Member David Bodker resigned from the Committee
due to
some residents viewing it as
a conflict of interests and possibly selfiserving.
Chairman Boardman inquired whether that information would be relayed to the Commission so that they
can appoint someone else.
Town Clerk Taylor stated that she would convey that item to the Commission.
III. MINUTES OF THE REGULAR MEETING OF 1- 16 -14:
Chairman Boardman corrected the statement he made in Agenda Item IV stating that it should read that
the public did not have a legal right to speak at the Ad Hoc Committee Meetings. He continued that since
this Committee is an Advisory Committee, the members did not have to be sworn in or file any financial
statements, as per Town Counsel Randolph's research. Chairman Boardman stated that there could be an
item on a future Agenda that provides a period for the public to speak. He continued that if that was not
done in a civil manner, that item would be removed from the Agenda.
IV. ADDITIONS. WITHDRAWALS. DEFERRALS. ARRANGEMENT OF AGENDA ITEMS:
Cbairman Boardman suggested accommodating the generator company representatives present at this
meeting, by having them speak first under Agenda Number VIII. "Items to be Considered at this Meeting'.
V. ANNOUNCEMENTS:
A. Meeting Dates
1. Regular Meetings
a. February 28,2014@ 8:OOA.M.
b. March 12,2014@ 8:00 A.M.
c. March 26,2014@ 8:OOA.M.
d. Apri19, 2014@ 8:OOA.M.
e. ApriL3, 2014@ 8:OOA.M
Ad Hoc Meeting
Town of Gulf Stream
February 13, 2014 2
Town Clerk Taylor announced the next Ad Hoc Committee Meeting would be on February 28th at 8:00
A.M.
Chairman Boardman discussed the letter which was sent out to 500 households in the Town informing them
of the formation of the new Ad Hoc Committee, and requesting responses from the residents as to issues they
had with the Town's Design Code or the processes in implementing the Code. He continued that the Office
received back eight (8) responses.
VI. COMMUNICATION FROM THE PUBLIC (3- MINUTE MAXIMUM):
Christopher O'Hare thanked the Ad Hoc Committee for continuing with Public Comments. He discussed
his perspective of the history of the Town's Building Code. Mr. O'Hare referred to the present Code as an
atrocity, and that the Design Manual was crafted as vague as possible. He referred to the present litigation
regarding building violations on Town Hall property. Mr. O'Hare discussed 4' vs. 6' fence heights in Place au
Soleil, with regard to privacy. He stated that he hoped that this Committee would save the Town.
Chairman Boardman stated that it would be very helpful to have Mr. O'Hare write down his specific issues
or concepts for the Committee Members' review.
VII. CORRESPONDENCE AND SUGGESTIONS RECEIVED TO DATE•
Consider establishing waivers
Review Generator Regulations
Mechanical Equipment Setbacks
Maximum Lot Coverage
Review Landscape Code
Fence Heights
Signs
Elevation of Seawall caps
Roof Color & Material
North Ocean Blvd. Overlay in relation to 78' setback provision
Finished Floor Elevation - Possible FEMA change to 7.5'
Review Roof & Eave Heights & Entry Features
Installation of sidewalks & pathways
Chairman Boardman reported that on the upcoming Agendas, there will be a reminder of the topics and
any changes will be addressed. He stated that the Committee should complete their task by the end of April
2014. Chairman Boardman also detailed the above -named topics created by residents and Staff to be
discussed at future meetings.
Committee Member Schreier referred to FEMA change to 7.5' item should be of consideration of this
Committee.
Town Clerk Taylor stated that there were items received after the Agenda was sent out to Committee
Members, and she distributed them accordingly.
Ad Hoc Meeting
Town of Gulf Stream
February 13, 2014 3
Chairman Boardman reported the additions to the original list: additional fence concerns, notification of
Robert Smythe, Personalized Power Systems presence at this day's meeting, speed limits and speed bumps
which he stated were not in the scope of this Committee, and Charter Revisions, with regard to architectural
designs for the Commissioners, which would be put on file for the proper Committee.
VIII. ITEMS TO BE CONSIDERED AT THIS MEETING:
Consider establishment of waivers
Review Existing Regulations for Generators Sec22 -78 through 22 -81.
Minor Accessory Setbacks- Mechanical Equipment Sec. 70 -51 & 70 -74.
Town Manager Thrasher stated that there are two (2) situations with regard to generators. He continued
that one has to do with the DBA decimal reading on the generators and other accessories listed in Code
Section 22 -77 that deals with noise tolerance, and the other issue is in Code Section 70 -74 regarding the
setback locations on the property for generators. Town Manager Thrasher reported that there are Eve (5)
districts that have separate setback requirements for minor accessories. He described the generators' process
application, a part of which requires that the factory specifications for noise rating be shown at full load, not
just normal operating levels.
Chairman Boardman inquired regarding the setbacks in the Town's core or Place Au Soleil.
Town Manager Thrasher reported minor accessory front setbacks are 25' for the Town of Gulf Stream
core district, 12' on the side interior, 17' corner side, rear interior setback is 15', on AIA is 25', and anything
connected to water is 20'. These also apply in Place An Soleil.
Mr. O'Hare interrupted and stated that the DBA is useless as noise should be regulated. He suggested that
the Town's Code should be more simplified, and not give so many details.
Chairman Boardman stated that Mr. O'Hare should not interrupt again, which Mr_ O'Hare agreed to. Robert
Smythe, Personalized Power representative, stated the biggest item is the noise ordinance, and
residential generators are not made to run at full load. He continued the average home generator runs at less
than 50 %. Mr. Smythe said putting the generators at the property line works fine. He continued it does not
say full load on the manufacturers spec sheet. Mr. Smythe reported that his equipment runs low and quiet,
and meets the Town's Ordinance. He thanked the Committee for his presence at the meeting and asked to
have the code changed to normal running mode which would solve all the problems.
Will Ferrigno, the factory representative, stated that with most major manufacturers only one (l) identifies full
running mode on their spec sheets. He also stated that it would be reasonable for the Town to work with
their companies because they use quality products to meet noise requirements.
Chairman Boardman inquired regarding the Village of Golf and Town of Ocean Ridge.
Ad Hoc Meeting
Town of Gulf Stream
February 13, 2014 4
Mr. Ferrigno stated Palm Beach County's requirement is 75 decibels. He continued that Town of Gulf
Stream is 66 which is the quietest. Mr. Ferrigno responded that Village of Golf is 72 decibels.
Chairman Boardman inquired regarding what the equivalent code section states with the surrounding
communities.
Mr. Ferrigno stated that it lists normal running load. He also stated he will provide their information.
Committee Member Schreier inquired how often have there been complaints from Town's residents
regarding noise from generators.
Town Manager Thrasher stated there have been no complaints based on the present way of establishing of
the requirements. He continued that it appears that the residents are satisfied with the code to provide a quiet
environment for their lifestyle.
Mr. Ferrigno inquired if there were complaints with the other way.
Town Manager Thrasher responded that there were verbal complaints.
Mr. Ferrigno stated they are only trying to get approval for the normal product for 64 db. He continued that
they are splitting hairs over 1 db.
Town Manager Thrasher stated the he agrees that the spec sheet is the guiding criteria for the generator
meeting the standard.
Mr. Ferrigno stated that their products do meet the standards and they do suffice. He continued that there is
not a cost issue to go with a lesser expensive unit.
Town Manager Thrasher reported it would be difficult for someone to arbitrarily administer a code for full
load or normal load. He stated that the present restrictive Town's Code works well and easily with the
present staff.
Mr. Ferrigno inquired why the spec sheet the Town requested was not being approved.
Chairman Boardman stated that he liked the uniform standard running rate and not get into ambiguity. He
also addressed the issues of setbacks with regard to being common with 15' rear setbacks in both
neighborhoods.
Robert Biscardi stated that the Town is much higher than most communities.
Ad Hoc Meeting
Town of Gulf Stream
February 13, 2014 5
Committee Member Schreier inquired why other equipment was put on the
Agendas.
Chairman Boardman responded that he put that item on the Agenda. He continued that his concern was
with the other equipment, e.g. pool heaters, pool pumps. Chairman Boardman stated that when there is
major renovation at the home, that equipment is put in the rear of the home and it affects the neighbor.
Board Member Schreier stated that that equipment should be placed beyond the side setbacks rather than in
the backyard. He continued there should be two (2) pieces of equipment per setback. Board Member
Schreier reported that there are different variables with plus and minuses for each case.
Committee Member Mouw agreed to a normal load and to rely on the manufacturer's data.
Chairman Boardman inquired if you can put an air conditioning unit in the back property.
Town Manager Thrasher responded front, side, or rear, as long as they meet the requirements.
Chairman Boardman thanked the representatives from the generator companies for their time. He reported
that the Ad Hoc Committee is not an action Committee. Chairman Boardman continued that at the end of
April, the Committee will submit a "package" to the ARPB Committee, and then they make a
recommendation to the Commission who then approves any changes.
Town Manager Thrasher in reply to a question from Mr. Smythe reported that an Ordinance could take
from nine (9) to twelve (12) months.
Town Manager Thrasher addressed the statements from Mr. O'Hare regarding allowing only four (4) ft.
fences in Place Au Soleil as opposed to the Town allowing 6' fences in the Core. He advised that Code
Section 70- 137(6) provides for 4 ft. fences in each of the districts in question.
Chairman Boardman asked the Committee if they had any comments regarding the other types of
equipment, e.g. pool heaters and pool pumps.
Committee Member Mouw stated that the Town should adhere to normal load with regard to generators,
and rely on manufacturer's data rather than having the Town do the ratings which could be flawed.
Town Manager Thrasher reported that the Town does have a Noise Ordinance but there is no section in
that Ordinance to have anyone going out to do any dba readings.
Committee Member Schreier suggested taking the Noise Ordinances out of the code because of grey areas.
Ad Hoc Meeting
Town of Gulf Stream
February 13, 2014 6
Town Clerk Taylor reported that there is not just one overall Noise Ordinance. She continued that those
things are addressed differently, e.g. the generators are addressed, and construction noise is addressed
separately.
Committee Member Mouw reported a nuisance in his own neighborhood of a malfunctioning pool pump
that has been very disturbing and where a decibel reading should be read.
Town Manager Thrasher said a typical response from the Town would be to communicate with the
homeowner regarding the noise to make sure they are aware of it, and to inform them of the annoyance to
their neighbors. He continued that in 99.9% of the time, the owners are very cooperative rectifying the issue.
Chairman Boardman addressed the smaller lots and the issues with pool heaters and pool pumps. He
stated if someone lives on one of these exception lots, that equipment can be no closer to the property line
than it is to your house. Chairman Boardman felt this to be an extraordinarily fair solution. He also stated
that this was not applicable to most installations.
Town Manager Thrasher referred to Code Section 70.75 which relates to special exceptions to setbacks.
He continued that there are six (6) standards that must be met which includes the above - mentioned
exception.
Chairman Boardman repeated that the equipment has to be on the side of the house and closer to your
house than the property line.
Committee Member Schreier stated that this is a no win situation. He continued with examples of privacy
walls between neighbors that he has built homes for.
Chairman Boardman stated that he wanted easier issues on the Agenda for the first Ad Hoc Meeting. He
also hoped that the Committee would shy away from creating ambiguities.
Committee Member Randolph asked for an explanation of the Noise Ordinance.
Town Manager Thrasher reported that in regards to noise, the Town of Gulf Stream is not as restrictive as
other towns, and that we should not do away with the need of setbacks.
Chairman Boardman asked for a motion on how the Town should measure the decibel levels on
generators.
Committee Member Schreier suggested running db levels for residential generators. He continued that he
can put a generator within a setback in the Town of Boca Raton, but in Town of Palm Beach, he can put a
generator between the property lines and the setback.
Ad Hoc Meeting
Town of Gulf Stream
February 13, 2014 7
Committee Member Schreier moved and Committee Member Mouw seconded to approve running db
levels at normal running for residential generators. All voted AYE.
Chairman Boardman stated he did not sense that any conclusions should be reached at this time on
accessory equipment. He continued that there were requests from a number of residents on how the overall
process works. Chairman Boardman reported that getting a variance to a requirement is a very strict process
with elements of being very difficult. He asked whether the ARPB and Commission should be able to waive
the requirements with exceptional situations. Chairman Boardman reported that he has asked Town Counsel
Randolph to prepare a description of how a waiver might operate, as opposed to a variance and to produce
some examples of the language that other municipalities have used in waiver language. He continued that the
heart of it is that "What does it take to get a waiver or a variance "? Chairman Boardman further stated that
there should be some conclusion to the minor accessory items.
IX. ITEMS BY COMMITTEE MEMBERS:
Committee Member Mouw inquired regarding the replacement of Committee Member Bodker, who was
very knowledgeable with regard to the Landscape Code.
Town Clerk Taylor reported that there will be an appointment to fill his spot by the Commissioners.
Chairman Boardman stated that it will be difficult to review Landscape Code, without a landscape person.
Town Manager Thrasher inquired if this Committee had any suggestions regarding an appropriate
landscape person, they should email them to him.
Committee Member Schreier mentioned two (2) possible applicants: Novaro Williams and Joseph
Peterson who would be appropriate candidates for this Committee.
X. ADJOURNMENT:
Chairman Boardman adjourned the meeting at 9:30 A.M.
Sandra Fein
Recording Secretary
MINUTES OF THE REGULAR MEETING HELD BY THE AD HOC COMMITTEE OF THE TOWN
OF GULF STREAM, FLORIDA, ON FRIDAY, FEBRUARY 28, 2014, AT 8:00 A.M. IN THE
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA
I. CALL TO ORDER: Chairman Boardman called the meeting to order at 8:04A.M.
II. ROLL CALL:
Present and
William Boardman
Participating
Richard Mouw
Committee Member
Patricia Randolph
Town Manager
Benjamin Schreier
Also Present and
William H. Thrasher
Participating
Rita L. Taylor
Resident
John C. Randolph
Resident
Christopher O'Hare
Martin O'Boyle
Chairman
Committee Member
Committee Member
Committee Member
Town Manager
Town Clerk
Town Counsel
Resident
Resident
III. MINUTES OF THE REGULARMEETING OF 2- 13 -14:
Chairman Boardman stated he wished to defer approval of these minutes until the next meeting. He
suggested seeing the draft minutes before they are sent out in final form.
IV. ADDITIONS. WITHDRAWALS. DEFERRALS.ARRANGEMENTOF AGENDA ITEMS:
There were none.
V. ANNOUNCEMENTS:
A. Meeting Dates
1. Regular Meetings
a. March 12,2014 @ 8:00 A.M.
b. March 26, 2014 @ 8:OOA.M.
c. Apd19, 2014 @ 8:OOA.M.
d. April 23, 2014 @ 8:OOA.M.
Chairman Boardman announced the upcoming meeting dates.
VI. COMMUNICATION FROM THE PUBLIC (3- MINUTE MAXIMUM):
Christopher O'Hare inquired regarding Code Sections 66.612 Board of Adjustments and 66 -71 referring to
ARPB Chairman Scott Morgan's misunderstanding the special exceptions made at the previous day's ARPB
Meeting. He also addressed the issue of changing the code to make Chairman Morgan's decision unlawful.
Chairman Boardman stated that it is not the function of the Ad Hoc Committee to be considering any
matters if something is wrong or right or should be changed. He continued that if Mr. O'Hare feels that
there is some issue that relates to the process surrounding the code, he should submit written comments with
his concerns.
Mr. O'Hare suggested that a change is in order since the code is not being followed, as it is written.
Ad Hoc Meeting
Town of Gulf Stream
February 28, 2014 2
Mr. O'Hare requested that Town Clerk Taylor put into the written record of this meeting his verbal
comments in lieu of him writing them down.
Chairman Boardman stated that request is noted but not necessarily accepted.
Town Counsel Randolph stated that the minutes will reflect the actions of this day, but not necessarily a
verbatim transcript of what was said.
Town Manager Thrasher asked Town C1erkTaylor if the ARPB took final action at the prior day's meeting.
Town Clerk Taylor replied "They did not. They are only a recommending body ".
Town Manager Thrasher inquired if that applies in this situation.
Town Clerk Taylor replied "I believe so ".
Mr. O'Hare continued to make comments after Chairman Boardman explained his 3 minutes were up.
Town Counsel Randolph stated Mr. O'Hare was out of order.
Mr. O'Boyle inquired regarding the charge of the Ad Hoc Committee.
Chairman Boardman replied that the Committee was here to hear comments, and not under an obligation
to hear public comments, at this time. He continued that the Committee will not enter into debates or
discussions.
Mr. O'Boyle continued asking questions which were not answered.
Town Counsel Randolph explained that this was not an opportunity to ask any questions from the
Committee, but rather for the public to give input so they can benefit from the comments, and move
forward.
Mr. O'Boyle further stated that he takes tremendous offense that the Town of Gulf Stream takes design ideas
from Delray Beach with regard to designing homes, roofs, doors and windows in the Town of Gulf Stream.
VII. ITEMS TO BE CONSIDERED AT THIS MEETING:
A. Consider establishment of waivers
B. Finished Floor Elevation Increase (Sec. 70-77)
C. Seawall Height & Cap (Sec. 70 -78)
D. Installation of sidewalks & pathways
Ad Hoc Meeting
Town of Gulf Stream
February 28, 2014 3
A. Consider Establishment of Waivers:
Town Counsel Randolph summarized how waivers and variances work with the Design Manual. He stated
that the Design Manual has certain issues that are prohibited and if that is the case, variances are required.
Town Counsel Randolph further commented that the ARPB does not have the discretion to grant something
that is prohibited.
Chairman Boardman inquired as to who would actually make a decision on a variance.
Town Counsel Randolph stated that the Town Commission would make that final decision. He continued
that variances were very difficult to receive because there are very difficult criteria needed to be met. Town
Counsel Randolph stated that the problem exists as a result of the Design Manual requiring a variance for
these things. He continued giving an example; if they have a design in their home that is prohibited, they
then have to come to Town Hall to show that what they are seeking is not caused by their.own doing, and
there is something unique about the parcel of land that will allow them to do that. Town Counsel Randolph
further stated that a waiver process would not be as difficult for an applicant as meeting all the criteria for a
variance. He referred to the memo he sent to Town Manager Thrasher and was in the Committee members'
packets where he suggested that there are provisions and other codes for waivers in certain circumstances.
Town Counsel Randolph stated that one way to address a waiver is to say that for good cause shown, a waiver
may be granted to these provisions, which he feels is a little too broad and allows too much discretion. He
continued if waivers were to be granted consideration should be given to certain criteria. Town Counsel
Randolph listed the criteria: (1) granting a waiver will not cause a tangible injury to the value of other
neighborhood property where it will be located (2) waiver if granted will be compatible with adjoining
development within the intended district for which it will be located (3) waiver if granted will be compatible
with other design elements of the structure and (4) waiver if granted will not do any injustice to the integrity
of the design guidelines within the district. He suggested that the Committee should determine whether or
not they want to consider some sort of alternative process other than the existing process within the Design
Manual.
Chairman Boardman asked for an explanation of special exceptions.
Town Counsel Randolph stated that the difference between a variance and special exception is that with a
variance, the burden of proof is on the applicant to show they have met all of the criteria. He continued that
with a special exception, the burden of proof shifts from the applicant to the Board that is considering the
application to determine the applicant has not met the standards in the Code relating to Special Exceptions.
He said that it all is based on evidence by the applicant whether they have met the special exceptions criteria,
which is more general than variance criteria.
Town Manager Thrasher reported that special exceptions are found throughout Code Chapter 70, for
different reasons. He continued with examples; square footage, setbacks, a nonconforming issue to name a
few. Town Manager Thrasher stated that special exceptions can be granted but must meet the standards
within that specific section of special exceptions. He said that special exceptions are difficult for a Board to
Ad Hoc Meeting
Town of Gulf Stream
February 28, 2014 4
deny, and variances are difficult for a Board to approve. Town Manager Thrasher also stated that they both
require a Level 3 Review process. He reviewed the duties of the ARPB which include to hear, to review, to
consider, and make recommendations to the Board of Adjustments to approve with conditions or deny
applications for development permits.
Town Counsel Randolph inquired if this Committee was present to discuss design guidelines or to discuss
Chapter 66 which required variances. He stated he was looking at Chapter 70 and trying to give advice as to
how to make it easier for an applicant to deal with, and still protects the Town. Town Counsel Randolph
continued that can be done through a waiver process.
A lengthy discussion as to whether the creation of waivers would be helpful, and if so, where they might be
applied in the Code. All were in agreement that they should be implemented but only in the sections that
address design issues, not setbacks, heights, floor area ratios and the like. The waivers would most likely
apply beginning at Section 70 -96. There was some support for moving anything related to setbacks, heights
and floor area ratios into Chapter 66.
There was also discussion regarding discouraged and prohibited items. It was generally thought that there
may be an opportunity to include waiver possibilities with certain prohibited items. However, it was noted
that this would need further careful consideration and criteria established.
Town Counsel Randolph read his examples of the type of criteria which could be considered in the event a
waiver is to be granted as follows:
(1) Granting the waiver will not cause substantial injury to the value of other property in the
neighborhood where it is to be located.
(2) The waiver, if granted, will be compatible with adjoining development and the intended purpose of
the district in which it is to be located.
(3) The waiver, if granted, will be compatible with other design elements of the structure.
(4) The waiver, if granted, will not do an injustice to the integrity of the Design Guidelines within the
district.
(5) The waiver, if granted, is meritorious to the Town because of its general appearance and adherence to
the majority of the design elements within the structure.
Town Counsel Randolph added that the waiver, if granted, will be consistent with good design and the
integrity of the structure itself.
Mr. O'Boyle advised his Agenda packet was incomplete, and asked if he could comment on the above
examples. He discussed the importance of these matters, and the inability of his presenting his comments.
Chairman Boardman stated Mr. O'Boyle could speak at the next meeting.
Town Manager Thrasher reported that the Agenda packet has been on the Town's website for several days.
Ad Hoc Meeting
Town of Gulf Stream
February 28, 2014 5
Mr. O'Boyle asked that he be given time to check for the Agenda Packet on his computer that was on the chair
next to him, adding that if the material was with the agenda, then he was O.K. Mr. O'Boyle acknowledged
that the material was in fact on the website.
Chairman Boardman inquired if a house is in an area where it cannot be seen by anyone else due to the lot
size, etc. and someone wants to make a change, would there be a greater degree of latitude for this person
regarding details.
Committee Member Schreier stated for example that it could be the amount of glass fenestration on the
structure that could be the issue where a waiver could be considered.
Town Manager Thrasher reported that issue fits into the proposed pattern of waivers following Section 70-
96.
Chairman Boardman asked if the Staff could make a recommendation for the next meeting to vote on,
based on the discussion at this meeting.
Mr. Randolph advised he would not be present at the next meeting but work can be under way.
B. Finished Floor Elevation Increase (Sec. 70- 77)
C. Seawall Height & Cap (Sec. 70 -78)
Town Manager Thrasher stated that both these issues are prior to Section 70 -96. He continued that these
are going to be driven by Federal Law, and the code should adopt them simultaneously.
Committee Member Schreier reported that the first floor elevation was a great item to be considered. He
continued that FEMA sets the bar for flood insurance, and that Town of Gulf Stream sets it at 8.5 NGVD,
and has elected to be above FEMA regulations.
Town Manager Thrasher stated that height is measured from the finished floor to the ridge line and top of
chimney. He felt this item is administrative, and should go directly to the Commission.
Committee Member Schreier stated that the Town of Gulf Stream is correct in the 8.5 NGVD which is
already in the code.
Town Manager Thrasher stated that he wanted to mirror the required language of FEMA, as it is regulated
to the Town's flood plan maps. He also stated that the seawall height and caps are also related to floor
elevation.
Chairman Boardman asked for a motion to refer items B. and C. directly to the Commission.
Committee Member Mouw moved and Committee Member Schreier seconded to refer
Items B. and C. to the Commission. ALL vote
AYE.
Ad Hoc Meeting
Town of Gulf Stream
February 28, 2014 6
D. Installation of sidewalks & pathways
Chairman Boardman advised that this
item will appear on the next agenda.
Chairman Boardman then thanked everyone for their
input.
ITEMS BY COMMITTEE MEMBERS:
There were no further comments.
X. ADJOURNMENT:
Committee Member Schreier moved and Committee Member Mouw seconded to approve
adjournment. All voted AYE.
Chairman Boardman adjourned the meeting at 930 A.M.
Sandra Fein
Recording Secretary
Kelly Avery
From: Freda Defosse
Sent: Thursday, April 03, 2014 8:12 AM
To: William Boardman; Richard Mouw; Patricia Randolph; Ben Schreier
Subject: Town of Gulf Stream Public Records Request
Attachments: 14 04 03 Request PRR from comm members.docx
Please open the attached Word document...
Freda DeFosse
Administrative Assistant
Town of Gulf Stream
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
Kelly Avery
From: Bill Thrasher
Sent: Saturday, February 22, 2014 7:18 AM
To: Ben Schreirer; William Boardman; Patricia Randolph; Richard Mouw
Subject: FW: Reminder from Benjamin Schreier
Please consider attending this lecture. Long term it may be a very helpful resource for your service to your
community.
Thanks Benjamin for your excellent forward through. Well done.
MIT
From: Benjamin Schreier <bschreier @affinitiarchitects.com>
Sent: Friday, February 21, 2014 11:09 AM
To: Bill Thrasher
Subject: Reminder from Benjamin Schreier
go
At the first meeting of the Ad -Hoc Committee I had mentioned a lecture which will be given by Elizabeth Plater - Zyberck
at Old School Square in Delray Beach.
The lecture will be this upcoming Monday, February 21, 2014, at 6:00 PM.
If you or your staff could pass this reminder along to the other members of the committee I would greatly appreciate the
effort.
Elizabeth is an incredibly articulate speaker about many matters relating to planning and architecture. There will
probably be value in attending.
Here is a link to a brief bio on her firm's website:
http: / /www.dpz.com/ Organization /ElizabethP]aterZyberk
And a link to the press announcement of her stepping down as the Dean of the Architecture program at The University
of Miami after almost 20 years:
http: / /www.miami.edu /index.php /news /releases /school of architecture dean elizabeth plater -
zyberk to step down/
Have a good weekend,
Benjamin Schreier
561- 750 -0445, ext 117
561- 758 -9486, cell
10
BENJAMIN SCHREIER, AIA
A F F I N I T I BSCHREIERCAFFINITIARCHITECFS .COM
a r c IE i t e c t s P, 561.750.0445 ExT. 117
BocA RATON BAHAMAS F. 561.750.7872
CREATING LEGACY ARCHITECTURE FOR GENERATIONS 6561.758.9486
11
Kelly Avery
From: Bill Thrasher
Sent: Monday, February 24, 2014 2:46 PM
To: William Boardman; Richard Mouw; Ben Schreier; Patricia Randolph
Subject: FW: Ad Hoc Committee - Code Review
Please find information from Mr. Randolph concerning the Friday's meeting topic "waivers ".
3M
From: Bill Thrasher
Sent: Friday, February 14, 2014 4:10 PM
To: ad com
Subject: FW: Ad Hoc Committee - Code Review
From: Rita Taylor
Sent: Friday, February 14, 20144:07 PM
To: Bill Thrasher
Subject: FW: Ad Hoc Committee - Code Review
From: Randolph, John C. Imailto:J Randolph @ ionesfoster.coml
Sent: Friday, February 14, 2014 1:19 PM
To: Rita Taylor
Subject: Ad Hoc Committee - Code Review
Rita,
You indicated that the ad hoc committee, at its meeting of Thursday, February 13, 2014, asked that I provide
examples of "waiver" language which other communities use which could be used in place of granting a
variance, specifically as it relates to matters contained within the Gulf Stream Design Manual.
There are many ways to approach this matter. One is to allow for a special exception, as opposed to a
variance, for matters contained within in the Design Manual. Special exceptions, as you know, are less
restrictive than variances and do not require the showing of a hardship. The Town's current code lists
standards for special exceptions at Section 66 -164 which, when compared with the standards for variances at
Section 66 -154, are obviously less restrictive. I am not sure whether or not a special exception would be the
appropriate tool, however, to use in considering modification to criteria set forth in the Gulf Stream Design
Manual.
Another methodology with which I am familiar is to provide for alternative development standards. Alternative
development standards are used in place of the more severe standards relating to variances and contain
criteria such as the following:
A. The proposal will not cause substantial injury to the value of any other property in the neighborhood
where it is to be located.
B. Will be compatible with adjoining development and the intended purpose of the district in which it is to
be located.
C. Will be consistent with all relevant elements of the Town's Comprehensive Plan.
D. Will not result in substantial noise, dust, glare or odor impacts on any other property in the
neighborhood where it is to be located.
E. The use of alternative development standards will not result in a building which is more visible from
adjacent property or public rights -of -way than that which could be constructed without the use of alternative
development standards.
The proposal will result in a more conforming structure than the structure currently in place.
G. Proposed screens and buffers are sufficient to insure compatibility of the proposed structure with
adjacent properties.
An alternative to each of the above is simply to provide that the reviewing authority, at the discretion of the
reviewing authority may, it its sole discretion allow for a waiver to the design guidelines based upon good
cause shown. If this were to be the approach, I would recommend that there still be criteria similar to some of
those listed above.
I will be happy to draft the appropriate language for consideration of waivers to the current design
guidelines. It seems to me that the current task of the ad hoc committee is to advise staff as to whether they
wish to consider waivers in the first instance and whether or not those waivers should be provided for all
design guidelines or for specific design guidelines. I do not recommend that the waiver process be provided
for substantive regulations relating to height, setbacks, lot coverage, etc., as I believe variances are the
appropriate tool to use in those instances.
I will be happy to provide further information in regard to this at your request.
JOHN C. RANDOLPH
JONESFOSTER
$III]S IUU ms I VHNS. RA.
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Ilax: 561.650.5300 1 jrandolph(ailionesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, %X'est Palm Beach, Florida 33401
561- 659 -3000 1 www.jonesfoster.com
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to
be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. 11iis email is personal to the named recipient(s) and may be privileged
and confidential. If you ire not the intended recipient, you received this in error. If so, airy review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
Kelly Avery
From: Bill Thrasher
Sent: Wednesday, February 26, 2014 9:02 AM
To: William Boardman; Ben Schreier; Richard Mouw; Patricia Randolph
Subject: FW: Ad Hoc Committee -Waivers
Further comments from Mr. Randolph.
From: Randolph, John C. [mailto:JRandolph @jonesfoster.com]
Sent: Tuesday, February 25, 2014 4:23 PM
To: Bill Thrasher
Subject: Ad Hoc Committee - Waivers
A
You have asked me to provide you, at the request of the Ad Hoc Committee, language with which I am familiar
which has been used in other codes relating to waivers.
One such code which prohibits boats from being hoisted or davited which are over 31 feet in length and which
are more than eight feet above the mean high water has a provision which states: "These regulations may be
waived by the Town Commission for good cause shown upon application filed with the Town." That particular
regulation is no longer in effect, but it is an example of a waiver provision. This provision, however, is not part
of the zoning code but it is a regulation relating only to hoisting or daviting boats.
The Town of Palm Beach has a provision within its code which allows for dimensional waivers in certain
circumstances. These waivers provide for relief from the strict application of certain dimensional requirements
of the zoning code relating specifically to additions to or renovations of existing single family development
constructed prior to 1980 and /or modifications to landmarked structures or properties. The granting of these
waivers require certain specific criteria to be met. For example, dimensional waivers for landmarked properties
provide that "The dimensional waivers may be applied to applications that seek to deviate from the strict
application of the underlying zoning district regulations." In this case the waiver is only granted if the
architectural design is complementary to the architecture of the building; appears subordinate to those parts of
the landmarked building that materially contribute to its landmark status; does not block public views of those
parts of the landmarked building that materially contribute to its landmarked status; the footprint of the building
or structure between the required setback and the reduced setback is diminimus, etc. etc.
Obviously, the above regulations would not apply in the event of a waiver that is under consideration by the ad
hoc committee, but they are quoted to demonstrate the fact that when a waiver is allowed it contains certain
criteria rather than simply allowing a waiver at the discretion of the governing body. The Ad Hoc Committee
may wish to consider granting waivers using criteria similar to criteria used for the granting of special
exceptions. For example:
Waivers may be granted to these Design Guidelines for good cause shown upon application filed with the
Town. Requirements for granting a waiver are as follows:
1. Granting the waiver will not cause substantial injury to the value of other property in the neighborhood
where it is to be located.
2. The waiver, if granted, will be compatible with adjoining development and the intended purpose of the
district in which it is to be located.
3. The waiver, if granted, will be compatible with other design elements of the structure
4. The waiver, if granted, will not do an injustice to the integrity of the Design Guidelines within the district.
5. The waiver, if granted, is meritorious to the Town because of its general appearance and adherence to
the majority of the design elements within the structure.
The above are examples of the type of criteria which could be considered in the event a waiver is to be
granted.
hope this information is of some assistance. I will be happy to answer any questions or offer any other
information relating to this matter.
JOHN C. RANDOLPH
JONESFOSTER
,uass n,vesirum,e�.
John C. Randolph :Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 jrandol h .ionesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33.101
561- 659 -3000 1 ymm.jonesfoster.com
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to
be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privIlegcd
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
Kelly Avery
From: Kelly Avery
Sent: Tuesday, February 11, 2014 2:50 PM
To: Patricia Randolph; Richard Mouw; Ben Schreier; William Boardman
Subject: Agenda packet for 2/13/14 - Revised
Attachments: 2 -13 Agenda Packet.pdf
Ad Hoc Committee —
Please disregard the previous email with the other agenda packet. There were items included that should not have been
in the packet. The attached packed is the one that will be used at Thursday's meeting.
Keay aye* -y
Accountant /Assistant to the Finance Director /Deputy Clerk
Town of Gulf Stream
100 Sea Rd.
Gulf Stream, FL 33483 -7427
561- 276 -5116
561- 737 -0188 fax
4irue n @q uAirenm. arse
12
February 7, 2014
CHAIRMAN: William Boardman
COMMITTEE MEMBER: David Bodker
Richard Mouw
Patricia Randolph
Benjamin Schreier
REGULAR MEETING BEING HELD BY THE AD HOC COMMITTEE OF THE TOWN OF GULF
STREAM, FLORIDA ON THURSDAY, FEBRUARY 13, 2014 @ 8:00 A.M. IN THE
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
RC1hIM9.1
I. Call to Order.
II. Roll Call.
III. Minutes of the Regular Meeting of 1- 16 -14.
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
V. Announcements.
A. Meeting Dates
1. Regular Meetings
a. February 28, 2014 @ 8:00 A.M.
b. March 12, 2014 @ 8:00 A.M.
c. March 26, 2014 @ 8:00 A.M.
d. April 9, 2014 @ 8:00 A.M.
e. April 23, 2014 @ 8:00 A.M.
VI. Communication from the Public (3 min. maximum)
VII. Correspondence and Suggestions Received to Date.
Consider establishing waivers
Review Generator Regulations
Mechanical Equipment Setbacks
Maximum Lot Coverage
Review Landscape Code
Fence Heights
Signs
Elevation of Seawall caps
Roof Color & Material
North Ocean Blvd. Overlay in relation to 78' setback provision
Finished Floor Elevation - Possible FEMA change to 7.5'
Review Roof & Eave Hgts. & Entry Features
Installation of sidewalks & pathways
VIII. Items to be considered at this meeting.
Consider establishment of waivers.
Review Existing Regulations for Generators Sec.22 -78 thru 22 -81.
Minor Accessory Setbacks - Mechanical Equipment Sec. 70 -51 & 70 -74.
IX. Items by Committee Members.
X. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE AD
HOC COMMITTEE 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. 286.0105, F.S.S.
MINUTES OF THE ORGANIZATIONAL MEETING HELD BY THE AD HOC COMMITTEE OF
THE TOWN OF GULF STREAM, FLORIDA, ON THURSDAY, JANUARY 16, 2014, AT 9:00 A.M.
IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA
I. Call to Order: Chairman Boardman called the meeting to order at 9:06 A.M.
II. Roll Call:
Present and William Boardman Chairman
Participating David Bodker Committee Member r6
Richard Mouw Committee Member
Patricia Randolph Committee Member
Benjamin Schreier Committee Member
Also Present and William H. Thrasher Town Manager
Participating Rita L. Taylor Town Clerk
John C. Randolph Town Counsel
A. Swearing in of Members
Chairman Boardman stated he would defer swearing in of the members of this new Ad Hoc Committee.
He continued that this Ad Hoc Committee is a different kind of body to take suggestions and to look into
possible changes with the Design Manual. He reported that the Committee will be in total compliance with
the law. Chairman Boardman also stated that we have to know what we are and what we need to do.
III. Briefing from Attomgy Randolph:
Town Counsel Randolph stated that this Ad Hoc Committee is similar to a Citizens' Advisory Committee.
He reported on the members' Financial Disclosure Statements stating that these Statements are rather
innocuous, and that he will check further to see if they are a requirement for participation on this committee.
Town Counsel Randolph also stated that the Sunshine Law is very easy to follow, e.g. two (2) or more
members from a committee may not communicate or speak with each other outside of a public meeting
regarding the business of the committee. He continued that if this law is violated, any action the member has
taken, can be thrown out. Town Counsel Randolph commented that the Ad Hoc Meetings have to be
posted, press invited, and minutes have to be taken according to the law. He admitted the adhering to the
Sunshine Law can been difficult in a small town when visiting with neighbors. Town Counsel Randolph
described an Ad Hoc case in the Town of Palm Beach that was conceived in the "dark", not in the sunshine,
and the Florida Supreme Court did not have it ratified. He continued that you can discuss an issue with him,
Town Hall Staff, members of the public, Town Commissioners, or Town's ARPB Staff one to one. Town
Counsel Randolph also stated he cannot poll outside a Public Meeting what their opinions were and neither
can any Commissioner. He repeated that all business should be done at the meetings.
IV. Instructions /Comments from Chairman Boardman:
Chairman Boardman repeated that no oath will be taken at this meeting. He also stated punctuality would
be appreciated, and that the meetings should last only 1 1/2 hours. Chairman Boardman reported that there
is an obligation for the public to speak and invite various persons to come to the meeting to make their
recommendations. He discussed the scope of the committee referring to the book of zoning laws and the
Design Manual. Chairman Boardman referred to the four (4) times that the Manual has been reviewed since
To mofGutfSu D y IFT
Town of Gu1t 5tmam
January 16, 2014 — Page 2
1995 when it was adopted. He explained that the Committee was not engaged to go through the manual page
by page. Chairman Boardman continued that their job was to make a reasonable effort to surface any areas
that separation for change is necessary. He referred to the handout distributed by Town Clerk Taylor that
included a suggestion by ARPB Chairman Scott Morgan, and stated that they will address other suggestions
also. Chairman Boardman announced that there was a political environment with regard with what the
committee will be addressing, referring to the issue of last summer. He suggested having a brief invitation
written to the Town's residents asking them to surface issues or comments also.
Town Clerk Taylor distributed a copy of the letter Chairman Boardman requested to be sent out.
Town Counsel Randolph inquired if a list would be going out with the letter.
Chairman Boardman responded "No ".
Town Counsel Randolph stated that the letter should state that the Town's residents have the opportunity
to give their recommendations, as opposed to adding to a list.
Chairman Boardman suggested that the residents help develop a list. He also stated that the letter should
also list the Ad Hoc Committee Members. Chairman Boardman commented that Agenda Item V. is a
standard item, and makes a lot of sense on an Agenda, due to the flexibility and moving around the Agenda
topics, at a regular Committee Meeting.
V. Additions, Withdrawals, Deferrals. Arrangement of Agenda Items:
There were none at this Organizational Meeting.
VI. Announcements:
A. Meeting Dates to be decided.
Chairman Boardman reported that the Committee should meet once every two (2) weeks to deal with the
issues properly, and to keep the momentum going. He continued that the Committee's work should be
completed by April 2014. Chairman Boardman suggested starting the meetings at 8:00 A.M., and lasting no
longer than two (2) hours in length. After much discussion, it was agreed that the meetings will be held on
Thursday, February 13 ", Friday, February 28'x, Wednesday, March 12't', Wednesday, March 26`h, Wednesday,
April 9 ", and Wednesday, April 23`x.
VII. COMMUNICATION FROM THE PUBLIC (3 MIN. MAXIMUM)_
There were none.
Ad Hoc Meeting
ioam of Gulf Sttenm D
January 16,2014— Page 3 D Q
VIII. ITEMS BY STAFF:
Town Clerk Taylor stated that each Committee Member has to participate in the ethics training by Patin
Beach County. She continued that either a representative can come to Town Hall and make their
presentation or each member can watch the one (1) hour program on the Internet, on their own time. Town
Clerk Taylor stated that after watching the presentation on the Internet, each member signs and dates the
form and returns it to the Town, where it stays. She recommended the members going on the PBC Ethics
Training Website for further directions. Town Clerk Taylor also distributed the Sunshine Law booklets.
Chairman Boardman suggested all members doing it by themselves via the Internet which everyone agreed
to, rather than having a representative from Palm Beach County come in person.
Town Manager Thrasher inquired regarding who would be distributing the afore - mentioned letter going
out to residents.
Chairman Boardman stated that it should go out on the regular Town's contact mailing list with the names
of the Ad Hoc Committee Members on the bottom of the letter.
Town Manager Thrasher reported that the Town has been challenged with many public records requests.
He discussed in detail the issues involved with public records requests. Town Manager Thrasher stated that
any emails or documents sent or received that deal with public information from a committee member, may
be requested and a copy must be distributed to them which has caused difficulty with the Commissioners and
ARPB Members in the past. He stated that all Ad Hoc Committee Members have an email set up already
through the Town's computer server, and that they should utilize it when communicating regarding any Town
business to avoid any further issues.
Town Counsel Randolph also discussed how public records are in the same realm as the Sunshine Law. He
suggested that the Ad Hoc Committee not use their personal computer with anything involving the
committee.
Town Manager Thrasher added that email is the easiest mode of communication, and reminded
Committee Members that the Office Staff can only retrieve members' emails addressed to the individual Staff.
Town Counsel Randolph strongly recommended again the members not to use their personal computer for
any Town Hall communication. He continued that if they do happen to use their own personal computer by
mistake, they should immediately forward the information to the Town, and then the Town would have it on
their record, and would then take cue of responding to it.
Chairman Boardman asked if he could email Committee Member Randolph through the Town's server
using her Town's email address and was told immediately `No ".
Hoc Meeting
To wn of Gulf tr cam DRAFT
u
January 16,2014 — Page 4
Town Manager Thrasher gave directions on how to get into the Town's wcbsite and mall server. He also
stated he would like to meet with each member individually at the close of this meeting to provide them their
Town's personal email address. He also described how the members could retrieve emails from their IPhone.
Town Manager Thrasher reassured all members that if they had any questions or issues regarding their new
email address, they should contact him, and he will assist them or have the Town's computer technician help
them.
Committee Member Mouw inquired if Meeting Agendas would be emailed.
Town Manager Thrasher responded that the Meeting Agendas will be emailed. He explained the other
Town Board Members have them hand - delivered, as they are residents in the Town.
Town Manager Thrasher described and referred to the "nasty" unorganized handout list dated May 16,
2013. He stated that there are seventeen (17) items mentioned since the last rendition of the Code. Town
Manager Thrasher continued that he included comments of the landscape code, priority items of litigation
and legal complaints against the Town, with regard to colors, roofs, metal roofs, and the arclutecture style that
would be appropriate for the metal roofs which has been prohibited in the past. He also commented that he
would consider giving priority to ARPB Chairman Scott Morgan's suggestion on Page 13, #3.
Chairman Boardman interjected stating that he would review all these priorities with Town Manager
Thrasher and Town Clerk Taylor prior to the nest meeting.
Town Manager Thrasher referred to the signs code, e.g. "For Sale" signs in the right of way on A1A.
Town Counsel Randolph suggested not addressing the "sign" issue at this time, as that was an enforcement
issue.
Chairman Boardman reported that the letter should be available to be sent out as soon as possible, and
inquired how the residents could reply to it.
Town Manager Thrasher responded by the Town's Ad Hoc email address or regular mail and no telephone
calls.
Committee Member Randolph stated all comments must be in writing which will preclude any
conversation on the street regarding that issue.
Town Clerk Taylor reminded all members once they receive their Town email address to fill out the blank
sheet that was distributed earlier at the meeting and return it to her.
Town Manager Thrasher stated that their passwords be kept very confidential.
Ad Hoe Meeting
Town of Gulfahctm
January 16,2014 — Page 5
1X.
OnApy
Chairman Boardman stated that the Ad Hoc Committee will also look into processes. He continued that
there are community concerns expressed regarding the flexibility of granting waivers vs. variances.
Town Counsel Randolph commented that variances show a special criteria, and is very difficult to get He
continued that there are other ways to approach that issue. Town Counsel Randolph stated it would be wise
to discuss that also.
Chairman Boardman addressed the code section on the Town's restricted activities during certain periods
of time, and stated that will be looked into.
Committee Member Mouw stated that his community, Village of Golf, is too restrictive, and he was very
interested in that topic.
Committee Member Bodker inquired regarding the extent of rewriting the design guidelines stating that the
landscape codes are pretty subjective.
Town Manager Thrasher agreed.
Town Counsel Randolph commented that he is interested to learn from persons who work with a Design
Manual, if they like it, compared to general criteria. He continued that architects like the manual because
they know what can and cannot be done. Town Counsel Randolph further stated that other communities do
not like a manual because of the "cookie cutter" effect
Committee Member Bodker stated he loves working with a manual, and feels that it would give more
"teeth" to the Board on landscaping.
Town Manager Thrasher reported that Martin Minor has given details on landscaping which is listed on the
handout.
Town Clerk Taylor stated Mr. Minor will lend a hand to the Ad Hoc Committee, and will do a little drafting.
Town Manager Thrasher reported that the final decisions of the Ad Hoc Committee will go before the
ARPB and then the Commissioners.
Town Clerk Taylor stated that Town Counsel Randolph should implement the procedure.
Town Counsel Randolph reported that Mr. Minor should put the Committees' recommendations in written
form, and then it should be sent to the ARPB and then the Commission. He continued it should then be
presented in an Ordinance, if approved. Town Counsel Randolph further commented that Mr. Minor should
draft the list for the code, and then eventually for an Ordinance.
Ad Hoc Tleeting
Town of Gulr&=m
Jamul• 16, 2014 — Page 6
D G°3AFT
Committee Member Schreier commented that the Town has been very knowledgeable with meeting and
assisting with code's guidelines and that process has worked very well. He reported that the Town of Gulf
Stream has made a great effort to guide professionals. Committee Member Schreier also suggested that they
should not become overly restdctive in the abilities of creativity.
Town Counsel Randolph stated those comments were interesting. He also referred to the flexibility on
waivers in creativity mentioned earlier in the meeting.
Chairman Boardman reported that in due course yesterday's suggestions become tomorrow's design
changes.
Committee Member Schreier stated that the public is very frustrated on what's being presented to the
Board in that they are unable to view the exhibits.
Town Manager Thrasher explained that the presentations can now be shown on a PDF program in Town
Hall, at an optimal location in Town Chambers.
Committee Member Schreier reported that there will be a speaker, Elizabeth Plater- 77berk, on urban
issues and planning at the Delray Old Scbool, on February 24th from G — 8 p.m. He encouraged everyone to
attend, they have an interest in these matters.
X. ADJOURNMENT:
Chairman Boardman adjourned the meeting at 1020 A.M.
Sandra Fein
Recording Secretary
INTER- OFFICE MEMORANDUM
TOWN OF GULF STREAM, FLORIDA
OFFICE OF THE TOWN CLERK
Rita L. Taylor
TO: Ad Hoc Committee Members
DATE: 2 -7 -14
RE: Correspondence from Public
The attached are the communications received as a result of the
the letter the Chairman sent to the residents inviting comments.
The content of these is incorporated in the listing on the agenda
for the February 13, 2014 meeting of your committee.
Re: Design Manual of Town of Gulf Stream - ad com
Re: Design Manual of Town of Gulf Stream
P K Murphy <murphypk @aol.com>
Wed 1/22/2014 7:30 PM
Toad corn <adcom @gulf- stream.org >;
Dear Committee:
Page 1 of 1
Having spent time attempting to gather information to help facilitate the installation of a generator on my
property, It is my opinion that the process, which falls under The Design Manual of the Town, needs to be
addressed.
• Confusing
• Not transparent
• Too difficult to navigate
• No one in the Town Hall seems to be knowledgeable as to the requirements
It is my opinion that this procedure and the requirements should be reviewed and changed to make the process
simple and straight forward.
Thank you,
Mrs. Daniell. Murphy
535 Banyan Road
Gulf Stream, FL
https:Hmail.gulf- stream.org /owa/ 2/6/2014
Suggestions - ad corn
Suggestions
Dee Dixson <autograph664 @gmai1.com>
Mon 1/20/2014 11:53 AM
To ad corn <adcom @gulf- stream.org >;
To Ad Hoc Committee
1. Ad Hoc committee should have a deadline for a report, say June 1. Otherwise itjust drags on with no action.
Page 1 of 1
2. The application to run as a candidate in an election should be extended 3 or 4 weeks. This true this March in Jupiter and West Palm Beach
for example.
3.Should we have "at large" candidates, plus one from Place Au Solell and the annexed area? They could be for 2 or 3 years.
4. Does FL law require a commission to meet every month June through Sept? We would get a lot more participation if they met only 2 or 3
months in the summer.
Robert J. Dixson
3900 N. Ocean Blvd.
https : / /mail.gulf - stream.org/owa/ 2 /6/2014
Design Manual - ad com
Design Manual
dgfrey @grrmi.com
Mon 112012014 10:17 AM
Toad cam <adcom @gulf- stream.org>;
Page I of 1
Please consider improvements to the town that encourage /facilitate walking; eg dedicated
pathways, sidewalks„ etc.
https : / /mail.gulf- stream.org /owa/ 2/6/2014
Design Manual - ad corn
Design Manual
Preston, Andrew <Andrew.Preston @tomasmaier.com>
Thu 1/23/2014 533 PM
road com <adcom @gulf- stream.org >;
Dear Committee Members,
Page I of I
In response to your letter dated 1/16/14 we would like to suggest that Bermuda style homes be allowed to have
brown the or wood shingle roofs. We, as owners of one of the last few Bermuda homes on the beach, feel that this
would help make the style more appealing and contemporary to younger home owners.
Thank you
Andrew Preston & Tomas Maier
https : / /mail.gulf- stream.org /owa/ 2 /6/2014
Design Manual - ad corn
Design Manual
SEABRZDELR @aol.com
Fri 1124/2014 3:02 PM
road corn <adcom @gulf- stream.org >;
Dear Ad Hoc Committee,
Page I of I
There was a change to the manual in October 2010 resulting in a maximum fence height of 4 feet in PAS.
I posed questions on how and why this came about and received some very vague answers. Finally, I was told
that it was due to a 6 foot fence that had been erected that was "ugly ". My response was that ugly is still ugly at 4
feet.
If you drive through PAS, you will find that most of the older fences are 6 feet. There have been 6 foot fences
erected since the new height restriction, some of which have had to be modified and some which have not.
To me this indicates that residents of PAS enjoy the comfort and the style of 6 foot fencing and that this should
return to it original height allowance of 6 feet.
It would be greatly appreciated if your committee would consider this issue when making the latest changes in our
town design manual.
Kind regards,
Diane M Mulvey
930 Indigo Point
https : / /mail.gulf- stream.org /owa/ 2/6/2014
Pence Height Change for Design Manual - ad corn
Fence Height Change for Design Manual
DRMEL2000 @aol.com
Mon 1/27/2014 12:30 PM
Toad corn <adcom @gulf- stream.org>;
Dear Ad Hoc Committee Members:
Page 1 of I
I am writing specifically in reference to the fence height change in October 2010 from 6 feet to
4 feet maximum.
I believe that 4 foot fences do not address privacy nor safety. They are just too short.
The original fences in PAS are 6 feet by choice, not mandate. That should
be enough indication that residents prefer 6 foot fencing.
I also think that white vinyl fences, of which we have many in PAS, are attractive, minimal
maintenance, provide consistency and should be allowed again.
There have been several fences erected since then that have been over the limit. The new
code has not been equally enforced. This should be of great concern to us all, but especially to
the residents who've had to modify their fences.
Please give this concern your serious consideration, so that the fair and equitable outcome --
the original 6 foot height allowance -- may be reinstated.
I thank you.
Respectfully,
Melanie Bazarte
940/930 Orchid Lane
https : / /mail.gulf- stream.org /owa/ 2/6/2014
Fwd: Reply for Design Manual - ad com
Fwd: Reply for Design Manual
Frank Russo <fjrussol I @gmail.com>
Thu 2/6/2014 9:42 AM
Toad com <admm @gulf- stream.org >;
ccDRMEL2000 @aoLmm <DRMEL2000 @aoLmm >;
---- - - - - -- Forwarded message ---- - - - - --
From: -DRMEL20006baol.com>
Date Thu, Feb 6, 2014 at 6'07 AM
Subject: Reply for Design Manual
To firusso11Ca1omail cam
Page 1 of 2
Hi Frank,
Thank you both for your note and your support! PLEASE take another two minutes
to write or forward it to the committee!!!! (and send me the copy)
They need to know to make the change!
adcom(d)qulf- stream.org
Thanks again,
Melanie
Dr Melanie Bazarte
561 - 441 -9215
In a message dated 02/05/2014 10:39:23 A.M. Eastern Standard Time,
firusso11(cDgmail.com writes:
We are in favor of your concern and hope that this is taken into consideration.
Good luck
On Tue, Feb 4, 2014 at 9:39 PM, <DRMEL2000 @aol.com> wrote:
Dear Ad Hoc Committee Members:
I am writing specifically in reference to the fence height change in October 2010
from 6 feet to 4 feet maximum.
I believe that 4 foot fences do not address privacy nor safety. They are just too
short.
https : / /mail.gulf - stream.org /owa/ 2/6/2014
Fwd: Reply for Design Manual - ad corn
Page 2 of 2
The original fences in PAS are 6 feet by choice, not mandate. That should
be enough indication that residents prefer 6 foot fencing.
I also think that white vinyl fences, of which we have many in PAS, are
attractive, minimal maintenance, provide consistency and should be
allowed again.
There have been several fences erected since then that have been over the
limit. The new code has not been equally enforced. This should be of great concern
to us all, but especially to the residents who've had to modify their fences.
Please give this concern your serious consideration, so that the fair and equitable
outcome -- the original 6 foot height allowance -- may be reinstated.
I thank you.
Respectfully,
Melanie Bazarte
940/930 Orchid Lane
https : / /mail.gulf - stream.org /owa/ 2/6 /2014
MINUTES OF THE ORGANIZATIONAL MEETING HELD BY THE AD HOC COMMITTEE OF
THE TOWN OF GULF STREAM, FLORIDA, ON THURSDAY, JANUARY 16, 2014, AT 9:00 A.M.
IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA
I. Call to Order:
II. Roll Cath
Present and
Participating
Also Present and
Participating
Chairman Boardman called the meeting to order at 9:06 A.M.
William Boardman
David Bodker
Richard Mouw
Patricia Randolph
Benjamin Schreier
William H. Thrasher
Rita L. Taylor
John C. Randolph
A. Swearing in of Members
Chairman
Committee Member r6
Committee Member
Committee Member
Committee Member
Town Manager
Town Clerk
Town Counsel
Chairman Boardman stated he would defer swearing in of the members of this new Ad Hoc Committee.
He continued that this Ad Hoc Committee is a different kind of body to take suggestions and to look into
possible changes with the Design Manual. He reported that the Committee will be in total compliance with
the law. Chairman Boardman also stated that we have to know what we are and what we need to do.
III. Briefing from Attorney Randolph:
Town Counsel Randolph stated that this Ad Hoc Committee is similar to a Citizens' Advisory Committee.
He reported on the members' Financial Disclosure Statements stating that these Statements are rather
innocuous, and that he will check further to see if they are a requirement for participation on this committee.
Town Counsel Randolph also stated that the Sunshine Law is very easy to follow, e.g. two (2) or more
members from a committee may not communicate or speak with each other outside of a public meeting
regarding the business of the committee. He continued that if this law is violated, any action the member has
taken, can be thrown out. Town Counsel Randolph commented that the Ad Hoc Meetings have to be
posted, press invited, and minutes have to be taken according to the law. He admitted the adhering to the
Sunshine Law can been difficult in a small town when visiting with neighbors. Town Counsel Randolph
described an Ad Hoc case in the Town of Palm Beach that was conceived in the "dark", not in the sunshine,
and the Florida Supreme Court did not have it ratified. He continued that you can discuss an issue with him,
Town Hall Staff, members of the public, Town Commissioners, or Town's ARPB Staff one to one. Town
Counsel Randolph also stated he cannot poll outside a Public Meeting what their opinions were and neither
can any Commissioner. He repeated that all business should be done at the meetings.
IV. InstructionsInst ructions /Commence from Chairman Boardman Chairman Boardman:
Chairman Boardman repeated that no oath will be taken at this meeting. He also stated punctuality would
be appreciated, and that the meetings should last only 1 1/2 hours. Chairman Boardman reported that there
is an obligation for the public to speak and invite various persons to come to the meeting to make their
recommendations. He discussed the scope of the committee referring to the book of zoning laws and the
Design Manual. Chairman Boardman referred to the four (4) times that the Manual has been reviewed since
To Hoe GulfSar D � Q IF
Town of Gulf stream iiYYt�"' u
January 16, 2014 — Page 2
1995 when it was adopted. He explained that the Committee was not engaged to go through the manual page
by page. Chairman Boardman continued that their job was to make a reasonable effort to surface any areas
that separation for change is necessary. He referred to the handout distributed by Town Clerk Taylor that
included a suggestion by ARPB Chairman Scott Morgan, and stated that they will address other suggestions
also. Chairman Boardman announced that there was a political environment with regard with what the
committee will be addressing, referring to the issue of last summer. He suggested having a brief invitation
written to the Town's residents asking them to surface issues or comments also.
Town Clerk Taylor distributed a copy of the letter Chairman Boardman requested to be sent out.
Town Counsel Randolph inquired if a list would be going out with the letter.
Chairman Boardman responded "No ".
Town Counsel Randolph stated that the letter should state that the Town's residents have the opportunity
to give their recommendations, as opposed to adding to a list.
Chairman Boardman suggested that the residents help develop a list. He also stated that the letter should
also list the Ad Hoc Committee Members. Chairman Boardman commented that Agenda Item V. is a
standard item, and makes a lot of sense on an Agenda, due to the flexibility and moving around the Agenda
topics, at a regular Committee Meeting.
V. Additions, Withdrawals, Deferrals. Arrangement of Agenda Items:
There were none at this Organizational Meeting.
VI. Announcements:
A. Meeting Dates to be decided.
Chairman Boardman reported that the Committee should meet once every two (2) weeks to deal with the
issues properly, and to keep the momentum going. He continued that the Committee's work should be
completed by April 2014. Chairman Boardman suggested starting the meetings at 8:00 A.M., and lasting no
longer than two (2) hours in length. After much discussion, it was agreed that the meetings will be held on
Thursday, February 13"', Friday, February 28'h, Wednesday, March 12 ", Wednesday, March 26 "', Wednesday,
April 9 ", and Wednesday, April 23'.
VII. COMMUNICATION FROM THE PUBLIC Q MIN. MAXIMUM:
There were none.
Ad Hoe Meeting
Town of Gulf stream
January 16, 2014 —Page 3
OPI&F`3
VIII. ITEMS BY STAFF:
Town Clerk Taylor stated that each Committee Member has to participate in the ethics training by Palm
Beach County. She continued that either a representative can come to Town Hall and make their
presentation or each member can watch the one (1) hour program on the Internet, on their own time. Town
Clerk Taylor stated that after watching the presentation on the Intemet, each member signs and dates the
form and returns it to the Town, where it stays. She recommended the members going on the PBC Ethics
Training Website for further directions. Town Clerk Taylor also distributed the Sunshine Law booklets.
Chairman Boardman suggested all members doing it by themselves via the Internet which everyone agreed
to, rather than having a representative from Palm Beach County come in person.
Town Manager Thrasher inquired regarding who would be distributing the afore - mentioned letter going
out to residents.
Chairman Boardman stated that it should go out on the regular Town's contact mailing list with the names
of the Ad Hoc Committee Members on the bottom of the letter.
Town Manager Thrasher reported that the Town has been challenged with many public records requests.
He discussed in detail the issues involved with public records requests. Town Manager Thrasher stated that
any emails or documents sent or received that deal with public information from a committee member, may
be requested and a copy must be distributed to them which has caused difficulty with the Commissioners and
ARPB Members in the past. He stated that all Ad Hoc Committee Members have an email set up already
through the Town's computer server, and that they should utilize it when communicating regarding any Town
business to avoid any further issues.
Town Counsel Randolph also discussed how public records are in the same realm as the Sunshine Law. He
suggested that the Ad Hoc Committee not use their personal computer with anything involving the
committee.
Town Manager Thrasher added that email is the easiest mode of communication, and reminded
Committee Members that the Office Staff can only retrieve members' emails addressed to the individual Staff.
Town Counsel Randolph strongly recommended again the members not to use their personal computer for
any Town Hall communication. He continued that if they do happen to use their own personal computer by
mistake, they should immediately forward the information to the Town, and then the Town would have it on
their record, and would then take care of responding to it.
Chairman Boardman asked if he could email Committee Member Randolph through the Town's server
using her Town's email address and was told immediately "No ".
To m o Meeting D 1] /A\ '� lr
Tonn of Gulfstrcam �� �_� u
January 16, 2014 — Page 4
Town Manager Thrasher gave directions on how to get into the Town's wcbsite and mail server. He also
stated he would like to meet with each member individually at the close of this meeting to provide them their
Town's personal email address. He also described how the members could retrieve entails from their IPhone.
Town Manager Thrasher reassured all members that if they had any questions or issues regarding their new
email address, they should contact him, and he will assist them or have the Town's computer technician help
them.
Committee Member Mouw inquired if Meeting Agendas would be emailed.
Town Manager Thrasher responded that the Meeting Agendas will be emailed. He explained the other
Town Board Members have them hand - delivered, as they are residents in the Town.
Town Manager Thrasher described and referred to the "nasty" unorganized handout list dated May 16,
2013. He stated that there are seventeen (17) items mentioned since the last rendition of the Code. Town
Manager Thrasher continued that he included comments of the landscape code, priority items of litigation
and legal complaints against the Town, with regard to colors, roofs, metal roofs, and the architecture style that
would be appropriate for the metal roofs which has been prohibited in the past. He also commented that he
would consider giving priority to ARPB Chairman Scott Morgan's suggestion on Page 13, #3.
Chairman Boardman interjected stating that he would review all these priorities with Town Manager
Thrasher and Town Clerk Taylor prior to the next meeting.
Town Manager Thrasher referred to the signs code, e.g. "For Sale" signs in the right of way on AIA.
Town Counsel Randolph suggested not addressing the "sign" issue at this time, as that was an enforcement
issue.
Chairman Boardman reported that the letter should be available to be sent out as soon as possible, and
inquired how the residents could reply to it.
Town Manager Thrasher responded by the Town's Ad Hoc email address or regular mail and no telephone
calls.
Committee Member Randolph stated all comments must be in writing which will preclude any
conversation on the street regarding that issue.
Town Clerk Taylor reminded all members once they receive their Town email address to fill out the blank
sheet that was distributed earlier at the meeting and return it to her.
Town Manager Thrasher stated that their passwords be kept very confidential.
Ad Hoe Tlecling
TORT of Gulf stream �n{ /'�
January 16, 2014 -Pages D u /d\ py
DL ITEMS BY COMMITTEE MEMBERS: lllJJl (r
Chairman Boardman stated that the Ad Hoc Committee will also look into processes. He continued that
there are community concerns expressed regarding the flexibility of granting waivers vs. variances.
Town Counsel Randolph commented that variances show a special criteria, and is very difficult to get He
continued that there are other ways to approach that issue. Town Counsel Randolph stated it would be wise
to discuss that also.
Chairman Boardman addressed the code section on the Town's restricted activities during certain periods
of titre, and stated that will be looked into.
Committee Member Mouw stated that his community, Village of Golf, is too restrictive, and he was very
interested in that topic.
Committee Member Bodker inquired regarding the extent of rewriting the design guidelines stating that the
landscape codes are pretty subjective.
Town Manager Thrasher agreed.
Town Counsel Randolph commented that he is interested to learn from persons who work with a Design
Manual, if they like it, compared to general criteria. He continued that architects like the manual because
they know what can and cannot be done. Town Counsel Randolph further stated that other communities do
not like a manual because of the "cookie cutter" effect.
Committee Member Bodker stated he loves working with a manual, and feels that it would give more
"teeth" to the Board on landscaping.
Town Manager Thrasher reported that Martin Minor has given details on landscaping which is listed on the
handout.
Town Clerk Taylor stated Mr. Minor will lend a hand to the Ad Hoc Committee, and will do a little drafting.
Town Manager Thrasher reported that the final decisions of the Ad Hoc Committee will go before the
ARPB and then the Commissioners.
Town Clerk Taylor stated that Town Counsel Randolph should implement the procedure.
Town Counsel Randolph reported that Mr. Minor should put the Committees' recommendations in written
form, and then it should be sent to the ARPB and then the Commission. He continued it should then be
presented in an Ordinance, if approved. Town Counsel Randolph further commented that Mr. Minor should
draft the list for the code, and then eventually for an Ordinance.
Ad Hot: blectin
Toad otGuffsttmm
Jwwry 16,2014— Page 6
[DRAFT
Committee Member Schreier commented that the Town has been very knowledgeable with meeting and
assisting with code's guidelines and that process has worked very well. He reported that the Town of Gulf
Stream has made a great effort to guide professionals. Committee Member Schreier also suggested that they
should not become overly restrictive in the abilities of creativity.
Town Counsel Randolph stated those comments were interesting. He also referred to the flexibility on
waivers in creativity mentioned earlic in the meeting.
Chairman Boardman reported that in due course yesterday's suggestions become tomorrow's design
changes.
Committee Member Schreier stated that the public is very frustrated on what's being presented to the
Board in that they are unable to view the exhibits.
Town Manager Thrasher explained that the presentations can now be shown on a PDF program in Town
Hall, at an optimal location in Town Chambers.
Committee Member Schreier reported that there will be a speaker, Elizabeth Plater- 7yberk, on urban
issues and planning at the Delray Old School, on February 24i6 from G — B p.m. He encouraged everyone to
attend, they have an interest in these matters.
X. ADJOURNMENT:
Chairman Boardman adjourned the meeting at 10:20 A.M.
Recording Secretary
'QJ
NOTICE
FLORIDA DEPARTMENT OF TRANSPORTATION
605 SUWANNEE STREET, MS 20
TALLAHASSEE, FL 32399
January 31, 2014
LEASE OF RIGHTS -OF -WAY FOR COMMERCIAL TELECOMMUNICATIONS FACILITIES
The Florida Department of Transportation (FDOT) has received an unsolicited proposal to lease
rights -of -way owned by FDOT in Districts 1, 4, 5, and 7, for the purposes of constructing,
operating, and maintaining commercial telecommunications facilities in the aforementioned
FDOT Districts, excluding Florida's Turnpike Enterprise right -of -way. FDOT requests proposals
for the leasing of rights -of -way in FDOT Districts 1, 4, 5, and 7, to provide commercial
telecommunications facilities, as detailed in the project Request for Proposals (RFP) document.
Qualified proposers must submit a proposal in accordance with the RFP. A copy of the RFP
may be obtained by submitting a written request to: row. leasela dot.state.fl.us Please provide a
contact name and e-mail address when submitting your request. Questions about the RFP
should also be directed to the aforementioned e-mail address. Notice of changes (addenda) to
the RFP will be posted on the FDOT Procurement web site at:
http: / /www.dat.state.fl.us /procurement /ROW LeaseCommercialTelecomFaciIities .shtm
It is the responsibility of all potential proposers to monitor the website for any changing
information prior to submitting your proposal. Proposals must be submitted by the time and date
indicated in the RFP.
Pursuant to Section 337.251(3), Florida Statutes, an application fee of $10,000 is required from
each proposer upon submittal of its proposal to FDOT.
2013 Calendar of Reporting Dates
For 2014, 2016 and 2018 candidates, political committees, committees of
continuous existence *, electioneering communication organizations and
independent expenditure organizations that file with the Division of Elections.
NOTE: Effective November 1, 2013, monthly reports are required. See the
Report Schedule below for changes in Quarterly (Q) to Monthly (M) reports.
NOTE: A committee of continuous existence (CCE) will file only those reports
indicated by a * below. The 2013 Q3 report will be the final report for a CCE
existing after June 30, 2013 and before CCEs are revoked by operation of law on
September 30, 2013.
Report Schedule
Cover Period Report Code Due Date
01/01/13- 03/31/13* 2013 Q1 04/10/13
04/01/13 - 06/30/13* 2013 Q2 07/10/13
07/01/13- 09/30/13* 2013 Q3 10/10/13
10/01/13- 10/31/13 2013 M10 11/12/13
11/01/13- 11/30/13 2013 M11 12/10/13
12/01/13- 12/31/13 2013 M12 01/10/14
Revised May 21, 2013
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
JOAN K. ORTHWEIN, Mayor
THOMAS M. STANLEY, Vice -Mayor
W. GARRETT DERING
ROBERT W. GANGER
DONNA S. WHITE
November 14, 2013
Christopher O'Hare
chrisoharegulfstrea<n @gnail.corn
Dear Mr. O'Hare:
Telephone
(561)276 -5116
Fax
(561)737 -0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L TAYLOR
In response to your previous emails wherein you attached a Statement of
Organization for the Electioneering Commmications Organization and
Political Committee to be known as Fair and Equal Gulf Stream, please be
advised that it appears your Statement of Organization is consistent with
the requirements of Section 106.03(2), Florida Statutes, and that said
comnittee has been registered as a political committee. Please be advised
the rules and regulations relating to political committees in the State of
Florida are found in the Political Committee Handbook which is online at
http: / /electim.dos.state.fl.uus.
Sincerely,
Rita L. Taylor
Town Clerk
100 SEA ROAD, GULF STREAM, FLORIDA 33483
Page I of I
Rita Taylor
From: Rita Taylor
Sent: Thursday, November 14, 2013 4:07 PM
To: 'chrisoharegulfstream @gmail.com'
Subject: Statement of Organization
Attachments: Organization Letter. pdf
Please see the attached letter.
Rita Taylor
Gulf Stream Town Clerk
11/14/2013
Page I of 4
Rita Taylor
From: Randolph, John C. [JRandolph@jonesfoster.com]
Sent: Thursday, November 14, 2013 1:41 PM
To: Bill Thrasher; Rita Taylor
Subject: RE: Statement of Organization - your immediate attention Is requested
Bill,
I would suggest the Clerk respond to Mr. O'Hare as follows
"Dear Mr. O'Hare,
In response to your previous emails wherein you attached a Statement of Organization for the
Electioneering Communications Organization and Political Committee to be known as Fair and Equal
Gulf Stream, please be advised that it appears your Statement of Organization is consistent with the
requirements of Section 106.03 (2), Florida Statutes, and that said committee has been registered as a
political committee. Please be advised that rules and regulations relating to political committees in the
State of Florida are found in the Political Committee Handbook which is online at
httoWelection.dos.state.fl. us.
JOHN C. RANDOLPH
JONES FOSTER
- -- - tUlhhlO\ A 11 Foos. fl V
John C. Randolph Attomey
Direct Dial: 561.650.0458 1 Pas: 561.650.5300 1 itandolphRionesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
llagler Center Tower, 505 South Flagler Drive, Suite 1100, \Vest Palm Beach, Florida 33401
561 - 659 -30011 1 www.ionesfoster.com
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not
intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be
Privileged and confidential. If you are not the intended recipient, you received this in error. if so, any review,
dissemination, or copying of this email is prohibited. Please immediately notify us by emal and delete die original
message.
From: Bill Thrasher [mailto:bthrasher @gulf - stream.org]
Sent: Wednesday, November 13, 2013 10:32 AM
To: Randolph, John C.
Cc: Mabas, Sally
Subject: FW: Statement of Organization - your immediate attention is requested
11/14/2013
Fair and Equal Gulf Stream
2520 Avenue Au Soleil
Gulf Stream FL 33483
tNo affiliate organizations at this time)
Scope:
Propose and promote voter initiated amendments to the Municipal Charter of the
Town of Gulf Stream
Custodian of Books and Accounts:
Christopher F. O'Hare, Chairman
2520 Avenue Au Soleil
Gulf Stream FL 33483
Other Officers:
None at this time.
Supported Candidates:
None at this time.
Issues of Concern:
Unequal treatment of Town Residents by Town Officials through the improper use of
the Town's Zoning Code AND provisions of the Town's Zoning Code that treats the
property of Town Residents unequally.
Political Party Support:
None.
Required Statements and Plans
Fair and Equal Gulf Stream is a continuing effort.
In the event of dissolution, any residual funds collected for the purposes proposed
herein shall be distributed in full to the Town of Gulf Stream Civic Association.
Any organization funds collected for the purposes proposed herein shall be personally
held by the organizations Custodian of Books and Accounts until the amount on hand
exceeds $100 at which time another depository shalt be chosen for this purpose.
To the organizations present knowledge, no reports are required to be filed with
Federal Officials.
Fair and Equal Gulf Stream is a newly created organization formed on September 11,
2013 during the Eurrent previous calendar quarter.
End
Page 2 of 4
From: Chris O'Hare rmailto: chrisohareoulfstream (&cimail.coml
Sent: Wednesday, November 13, 2013 10:27 AM
To: Bill Thrasher
Subject: Statement of Organization - your Immediate attention is requested
Mr. Thrasher,
This is my fifth request for you to respond to my "Statement of Organization" as required by Florida
Statute.
I emailed you on September 11, 2013 with a request that the Town appropriately respond to my
"Statement of Organization" for the Electioneering Communications Organization and Political
Committee to be known as "Fair and Equal Gulf Stream." I also emailed you this same
request again on November 1, 2013. 1 asked you a third time, in person on November 8, 2013
at the Town's regular commission meeting. I emailed this request to you again on November
8, 2013. The original email is copied below for your convenience. A video recording of the
third request will be available online soon.
Because of the Town's lack of response, the original "Statement of Organization" has been
revised. Please see the revised "Statement of Organization" attached to this email.
I can not proceed with any timely effort to obtain the mandatory signitures for a charter amendment to
be placed on the next ballot until you act. May I PLEASE hear from you soon in this regard?
Sincerely,
and Equal Gulf Stream
From: c o <pinesd(u)P-mail.com>
Date: Wed, Sep 11, 2013 at 10:13 AM
Subject: Fair and Equal Gulf Stream - Statement of Organization
To: brasher n gulf- stream.orn.
September 11, 2013
Mr. William Thrasher
Town Manager
Town of Gulf Stream
Dear Sir,
Please find attached a "Statement of Organization" for the Electioneering Communications Organization and Political
Committee to be known as "Fair and Equal Gulf Stream" aka (FEGS).
Copied below are the applicable Florida Statutes requiring this "Statement of Organization" and detailing your
obligations to respond.
Please forward this communication to "the officer before whom municipal candidates qualify" in the municipality of
Town of Gulf Stream.
11/14/2013
Page 3 of 4
Thank you for your prompt attention to this matter.
Sincerely,
Christopher O'Hare
Fair and Equal Gulf Stream
Florida Statute:
Title IX, ELECTORS AND ELECTIONS, Chapter 106
106.03 Registration of political committees and electioneering communications organizations. —
(1)(a) Each political committee that anticipates receiving contributions or making expenditures during a calendar
year in an aggregate amount exceeding $500 or that is seeking the signatures of registered electors in support of an
initiative shall file a statement of organization as provided in subsection (3) within 10 days after its organization...
106.03 (1)(b)(2)(c) In a municipal election, an electioneering communications organization shall file a statement of
organization with the officer before whom municipal candidates qualify.
106.03 (2) The statement of organization shall include:
(a) The name, mailing address, and street address of the committee or electioneering communications
organization;
(b) The names, street addresses, and relationships of affiliated or connected organizations;
(c) The area, scope, or jurisdiction of the committee or electioneering communications organization;
(d) The name, mailing address, street address, and position of the custodian of books and accounts;
(e) The name, mailing address, street address, and position of other principal officers, including the treasurer and
deputy treasurer, if any;
(f) The name, address, office sought, and party affiliation of:
1. Each candidate whom the committee is supporting;
2. Any other individual, if any, whom the committee is supporting for nomination for election, or election, to any
public office whatever;
(g) Any issue or issues the committee is supporting or opposing;
(h) If the committee is supporting the entire ticket of any party, a statement to that effect and the name of the
party;
(i) A statement of whether the committee is a continuing one;
(j) Plans for the disposition of residual funds which will be made in the event of dissolution;
(k) A listing of all banks, safe - deposit boxes, or other depositories used for committee or electioneering
communications organization funds;
(l) A statement of the reports required to be filed by the committee or the electioneering communications
organization with federal officials, if any, and the names, addresses, and positions of such officials; and
(m) A statement of whether the electioneering communications organization was formed as a newly created
organization during the current calendar quarter or was formed from an organization existing prior to the current
calendar quarter. For purposes of this subsection, calendar quarters end the last day of March, June, September, and
December.
106.03 (3)(c) A ootitical committee which is oreanized to su000rt or 0000se only candidates for municipal office or
11/14/2013
Page 4 of 4
issues to be voted
on in a municipal
election
shall file a statement
of organization with
the officer before whom
municipal candidates
qualify.
106.03 (6) If the
filing officer finds
that
a oolitical
committee
has filed its statement of
organization consistent with
the requirements
of subsection (2). it
shall
notify
the committee
in writing that it has been
registered as a political
committee. If the
filing officer finds
that
a political
committee's
statement of organization
does not meet the
recuirements of
subsection 12). it shall
notify
the committep—pf_
such _ findine and shall state
in writing the reasons for
reiection of the statement of organization
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Bill Th.;asher
From: Chris O'Hare < chrisoharegulfstream @gmail.com>
Sent: Friday, November 22, 2013 10:29 AM
To: Bill Thrasher; Garrett Ward
Subject: COMPLAINT and PUBLIC RECORDS REQUEST golf club seawall
Mr. Thrasher and Chief Ward,
I am writing you both to officially complain about an ongoing violation of the Code of Ordinances for the Town
of Gulf Stream. Specifically, Chapter 22, Article H, UNSIGHTLY, UNSAFE OR UNSANITARY
CONDITIONS Sec. 22 -31 Prohibited, that are allowed to exist by the property owner on the properties known
as
Parcels No. 20434534140000010, 20434603000010010, 20434603000030110, and 20434609040040250.
These parcels all have nuisance conditions located where each parcel borders the Intracoastal Waterway.
Accumulated trash, construction debris, vermin habitat, soil erosion and other nuisances exist and are being
maintained on these parcels.
Additionally, Code of Ordinance Sec. 22 -33 clearly states the actions you "shall forthwith" take to cure this
nuisance. These specific sections of the code are copied below for your reference.
Please inform me as soon as possible what actions either of you are authorized to, capable of, or intend to, take
in regard to this matter.
If NO action will be taken by the Town in this matter, please inform me what procedure is required to compel
you to act or which government entity is appropriate for appealing your decision not to act.
Also, please see my Request for Public Records copied below.
Sincerely,
Chris O'Hare
townofgulfstream.com
561- 350 -7551
See. 22 -31. Prohibited. ❑
It shall be unlawful and shall constitute a nuisance for any owner of land within the town to have or permit
thereon any:
(1) Conditions in violation of any of the provisions in this chapter.
(2) Rank vegetational growth that exudes unpleasant or noxious odors, high or rank vegetational growth that
may conceal pools of water, trash or filth, or any other de- posits that may be detrimental to health.
(3) Brush, weeds or grass that shall be greater than eight inches in height above the ground.
(4) Dead or dying trees, grass, shrubs, stumps, roots or obnoxious growth.
(5) Sand, soil or other fill material used in connection with or resulting from construction projects.
(6) Filth, garbage, trash or debris.
(7) Decayed or decaying buildings or structures, ruins of any kind or buildings, docks, walls or other structures
in a failing or dangerous condition.
(8) Any condition which provides harborage for rats, mice, snakes, or other vermin.
(9) Any building or other structure which is in such a dilapidated condition that is unfit for human habitation, or
kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or
presents a more than ordinary dangerous fire hazard in the vicinity where it is located.
(14)Any building, structure, or other place or location where any activity which is in violation of local, state, or
federal law is conducted, performed or maintained.
(18) Any worn -out, scrapped, partially dismantled, nonoperative, unusable, or discarded materials or objects,
such as automobiles or parts thereof, building materials, machinery, metal, wastepaper, rags, glass -ware,
tinware, vehicles, boats or parts thereof, or other items of junk. Failure of any vehicle, or parts thereof, to have a
valid license plate or other registration certificate specifically attached to the vehicle or part thereof, shall be
prima facie evidence that such property is worn out, scrapped, nonoperative, unusable or
discarded.
(20) A seawall or bulkhead which falls into a state of disrepair or ruin so as to allow erosion to land adjacent
thereto.
Sec. 22 -33. Notice to abate; content.
Whenever it is made to appear to the town manager, or the town's designee, after investigation that a nuisance
exists within the town pursuant to the provisions of this chapter, the town manager or the town manager's
designee shall forthwith prepare an estimate of the total cost of removing, suppressing or abating the nuisance
and cause to be served upon the person owning, occupying or having the care or custody of any lot or parcel of
land upon or in connection with such nuisance a written notice to remove, suppress or abate the nuisance.
PUBLIC RECORDS REQUEST
Pursuant to Article 1. Section 24 of the Florida Constitution and _Chapter 119.07 of the Florida Statutes I wish to make a
public records request of your agency for the following records:
Any written authorization to place and/or maintain and/or permission to fail to cure any nuisance
given to the owner of these parcels identified in the above complaint.
Any communication to or from the owner of these parcels with the Town in regard to nuisances
existing on this parcel.
Any communication between anyone other than the owner of these parcels with the Town in regard
to nuisances existing on these parcels.
The specific section number and section language of the Town Code, minutes of any public
meeting or policy of the Town that would require, authorize, allow or in any way permit the Town
Manager or the Chief of Police to NOT enforce the regulations found in Chapter 22 of the Town's
Code of Ordinances.
Any policy of the Police Department that would prevent, prohibit, or cause a Police Officer, in any
way, to fail to act when he has knowledge of a violation of any section of Chapter 22 of the Code of
Ordinances.
The specific section number and section language of the Town Code, minutes of any public
meeting or policy of the Town that would require, authorize, or compel the Town Manager or the
Chief of Police to enforce the regulations found in Chapter 22 of the Town's Code of Ordinances.
If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the
specific exemption as required by 4119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your
conclusions as required by S 119.070)(f) of the Florida Statutes.
Please take note of 4119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public
records request and (2) make a good faith effort which "includes making reasonable efforts to determinef om other officers or
employees within the agency whether such a record exists and, ifso, the location at which the record can he accessed" I am,
therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to
preserve all such records on an immediate basis.
If the public records being sought are maintained by your agency in an electronic format please produce the records in the original
electronic format in which they were created or received. See 4119.01(2)(8. Florida Statutes.
If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production with a written
estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as
to distinguish the cost of labor and materials.
All responses to this public records request should be made in writing to the following email address:
chrisoh areeul fstream(a)emnil.com
Freda Defosse
From:
Tobias, Steve [tobias@mydelraybeach.com]
Sent:
Friday, November 15, 2013 8:41 AM
To:
Freda Defosse
Subject:
RE: Town of Gulf Stream
These numbers are for fiscal year. Kris will get with IT for the number of permits generated in GS.
10/11- $ 258,482
11/12 - $ 557,627
12/13 - $ 509,170
From: Freda Defosse [ mailto :fdefosse(dgulf- stream.orol
Sent: Friday, November 15, 2013 7:23 AM
To: Tobias, Steve
Subject: Town of Gulf Stream
N of permits issued & fees collected for 2011, 2012 and 2013
Thanks
Freda DeFosse
Administrative Assistant
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Office: (561) 276-5116
FAX: (561) 737-0188
fdefosse(@gulf-stream.org
Page I oft
Rita Taylor
From: Randolph, John C. [JRandolph @jonesfoster.com]
Sent: Wednesday, November 06, 2013 2:29 PM
To: Chris O'Hare
Cc: Bill Thrasher; Rita Taylor
Subject: RE: Proposed Deposition Schedule for Ginsberg
Dear Mr. O'Hare,
I do not represent Mr. Ginsberg. You will have to make arrangements to subpoena him for deposition.
Please note that I am busy all day on the days you propose next week, i.e., November 12 and 13. 1 will
be happy to consider alternative dates for depositions which are convenient on each of our calendars.
Please propose several alternative dates which work for you and advise me of same so I can
coordinate these dates with Mr. Thrasher, Ms. Taylor and Mayor Orthwein. I do not have any control
over when Mr. Ginsberg is able to appear.
Thank you.
JOHN C. RANDOLPH
JONESFOSTER
11 It r. S 1 11415. ltd
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fav 561.650.5300 1 irandoloh0ionesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Ilagler Center Tower, 505 South Plagler Drive, Suite 1100, West. Palm Beach, Florida 33 -101
561 -659 -3000 1 www.ionesfoster.com
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued be us are not
intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming cmails are filtered which may delay- receipt. 'Plus email is personal to the named recipient(s) and may be
privileged and confidential. lf'you are not the intended recipient, you received this in error. If so, any review,
dissemination, or cup) ing of this email is prohibited. Pleasc immediately notify us by email and delete die original
message.
From: Chris O'Hare [ mailto: chrisoharegulfstream @gmail.com]
Sent: Tuesday, November 05, 2013 3:25 PM
To: Randolph, John C.
Subject: Proposed Deposition Schedule for Ginsberg
Re: Case No. 502013CA015012 =MBAH
Mr. Randolph,
11/6/2013
Page 2 of 2
As I understand it, the requisite 30 -day waiting period before depositions are allowed in the above captioned case
expired yesterday, Monday, Oct. 4.
Given the fast approaching holiday season, 1 would very much like to schedule a time as soon as possible for the
deposition of David Ginsberg. I assume you will be representing Mr. Ginsberg as well as the Town. I suggest the
Town Hall Commission Chambers, if available, may be the most convenient location for the deposition in addition
to being the most comfortable for your clients. Please be advised that the deposition will be recorded by
stenographer and videotapes.
Next week Tuesday morning (11112) or Wednesday morning (11113) would be acceptable to me. Could you
please e-mail which of these times is convenient for you and Mr. Ginsberg? l would project at least 4-6 hours
needed for the deposition.
Upon the completion of Ginsberg's deposition, 1 anticipate as soon thereafter deposing Mr. Thrasher, Ms. Taylor
and Mayor Orthwein.
I anticipate and appreciate your prompt reply to this email.
Regards,
Christopher O'Hare
11/6/2013
INTER - OFFICE MEMORANDUM
TOWN OF GULF STREAM, FLORIDA
OFFICE OF THE TOWN CLERK
Rita L. Taylor
TO: Ad Hoc Committee Members
DATE: 2_7_14
RE: Correspondence from Public
The attached are the communications received as a result of the
the letter the Chairman sent to the residents inviting comments.
The content of these is incorporated in the listing on the agenda
for the February 13, 2014 meeting of your committee.
Re: Design Manual of Town of Gulf Stream - ad cam
Re: Design Manual of Town of Gulf Stream
P K Murphy <murphypk @aol.com>
Wed 1122/2014 7:30 PM
Toad cam <adcom @gulf- stream.org >;
Dear Committee:
Page 1 of 1
Having spent time attempting to gather information to help facilitate the installation of a generator on my
property, It is my opinion that the process, which falls under The Design Manual of the Town, needs to be
addressed.
• Confusing
• Not transparent
• Too difficult to navigate
• No one in the Town Hall seems to be knowledgeable as to the requirements
It is my opinion that this procedure and the requirements should be reviewed and changed to make the process
simple and straight forward.
Thank you,
Mrs. Daniel I. Murphy
535 Banyan Road
Gulf Stream, FL
https : / /mail.gulf- stream.org /owa/ 2/6/2014
Suggestions - ad cam
Suggestions
Dee Dixson <autograph664 @gmail.com>
Mon 1/20/2014 11:53 AM
Toad cam <adcom @gulf- stream.org >;
To Ad Hoc Committee
1. Ad Hoc committee should have a deadline for a report, say June 1. Otherwise itjust drags on with no action.
Page 1 of 1
2. The application to run as a candidate in an election should be extended 3 or 4 weeks. This true this March in Jupiter and West Palm Beach
for example.
3.5hould we have 'at large' candidates, plus one from Place Au Soleil and the annexed area? They could be for 2 or 3 years.
4. Does FL law require a commission to meet every month June through Sept? We would get a lot more participation if they met only 2 or 3
months in the summer.
Robert J. Dixson
3900 N. Ocean Blvd.
https : / /mail.gulf- stream.org /owa/ 2/6/2014
Design Manual - ad com
Design Manual
dgfrey @grrmi.com
Mon 1/20/2014 10:17 AM
Toad corn <adrom @gulf- stream.org>;
Page 1 of 1
Please consider improvements to the town that encourage /facilitate walking; eg dedicated
pathways, sidewalks„ etc.
https :Hmail.gulf- stream.org /owa/ 2/6/2014
Design Manual - ad com
Design Manual
Preston, Andrew <Andrew.Preston @tomasmaier.com>
Thu 1/23/2014 5:33 PM
Toad com <adcom @gulf- stream.org>;
Dear Committee Members,
Page 1 of I
In response to your letter dated 1/16/14 we would like to suggest that Bermuda style homes be allowed to have
brown tile or wood shingle roofs. We, as owners of one of the last few Bermuda homes on the beach, feel that this
would help make the style more appealing and contemporary to younger home owners.
Thank you
Andrew Preston & Tomas Maier
https : / /mail.gulf- stream.org /owa/ 2/6/2014
Design Manual - ad corn
Design Manual
SEABRZDELR @aol.com
Fri 1/2412014 3:02 PM
Toad com <adcom @guff- stream.org >;
Dear Ad Hoc Committee,
Page 1 of 1
There was a change to the manual in October 2010 resulting Ina maximum fence height of 4 feet in PAS
I posed questions on how and why this came about and received some very vague answers. Finally, I was told
that it was due to a 6 foot fence that had been erected that was "ugly ". My response was that ugly is still ugly at 4
feet.
If you drive through PAS, you will find that most of the older fences are 6 feet. There have been 6 foot fences
erected since the new height restriction, some of which have had to be modified and some which have not.
To me this indicates that residents of PAS enjoy the comfort and the style of 6 foot fencing and that this should
return to it original height allowance of 6 feet.
It would be greatly appreciated if your committee would consider this issue when making the latest changes in our
town design manual.
Kind regards,
Diane M Mulvey
930 Indigo Point
https : / /mail.gulf- stream.org /owa/ 2/6/2014
Fence Height Change for Design Manual - ad corn
Fence Height Change for Design Manual
DRMEL2000 @aol.com
Mon 1/27/2014 12:30 PM
Toad corn <adcom @gulf - stream org>;
Dear Ad Hoc Committee Members:
Page 1 of 1
I am writing specifically in reference to the fence height change in October 2010 from 6 feet to
4 feet maximum.
I believe that 4 foot fences do not address privacy nor safety. They are just too short.
The original fences in PAS are 6 feet by choice, not mandate. That should
be enough indication that residents prefer 6 foot fencing.
I also think that white vinyl fences, of which we have many in PAS, are attractive, minimal
maintenance, provide consistency and should be allowed again.
There have been several fences erected since then that have been over the limit. The new
code has not been equally enforced. This should be of great concern to us all, but especially to
the residents who've had to modify their fences.
Please give this concern your serious consideration, so that the fair and equitable outcome --
the original 6 foot height allowance -- may be reinstated.
I thank you.
Respectfully,
Melanie Bazarte
940/930 Orchid Lane
https : / /mail.gulf- stream.org /owa/ 2/6/2014
Fwd: Reply for Design Manual - ad corn
Fwd: Reply for Design Manual
Frank Russo <fjrusso11 a gmail.com>
Thu 2/6/2014 9:42 AM
Toad corn <adcom @gulf- stream.org >;
Cc. DRMEL2000 @aol.com <DRMEL2000 @aolcom>;
---- - - - - -- Forwarded message - --
From. <DRMEL2000aaol.com>
Date- Thu, Feb 6, 2014 at 8 07 AM
Subject: Reply for Design Manual
To firussoll(a@omail.com
Page 1 of 2
Hi Frank,
Thank you both for your note and your support! PLEASE take another two minutes
to write or forward it to the committee!!!! (and send me the copy)
They need to know to make the change!
adcomPgu!f- stream.org
Thanks again,
Melanie
Dr Melanie Bazarte
561- 441 -9215
In a message dated 02/05/2014 10:39:23 A.M. Eastern Standard Time,
firusso11(oD_gmail.com writes:
We are in favor of your concern and hope that this is taken into consideration.
Good luck
On Tue, Feb 4, 2014 at 9:39 PM, <DRMEL2000 @aol.com> wrote:
Dear Ad Hoc Committee Members:
I am writing specifically in reference to the fence height change in October 2010
from 6 feet to 4 feet maximum.
I believe that 4 foot fences do not address privacy nor safety. They are just too
short.
https:Hmail.gulf- stream.org /owa/ 2/6/2014
Fwd: Reply for Design Manual - ad com
Page 2 of 2
The original fences in PAS are 6 feet by choice, not mandate. That should
be enough indication that residents prefer 6 foot fencing.
I also think that white vinyl fences, of which we have many in PAS, are
attractive, minimal maintenance, provide consistency and should be
allowed again.
There have been several fences erected since then that have been over the
limit. The new code has not been equally enforced. This should be of great concern
to us all, but especially to the residents who've had to modify their fences.
Please give this concern your serious consideration, so that the fair and equitable
outcome -- the original 6 foot height allowance -- may be reinstated.
I thank you.
Respectfully,
Melanie Bazarte
940/930 Orchid Lane
https:Hmail.gulf- stream.org/owa/ 2/6/2014
Kelly Avery
From: Bill Thrasher
Sent: Wednesday, January 15, 2014 2:51 PM
To: Patricia Randolph; Richard Mouw; David Bodker; Ben Schreirer; ad com
Subject: test
test
14
Kelly Avery
From:
Kelly Avery
Sent:
Monday, February 10, 2014 10:39 AM
To:
William Boardman; Patricia Randolph; Richard Mouw; David Bodker; bschreirer@gulf-
stream.org
Subject:
Feb 13, 2014 Ad Hoc Agenda packet
Attachments:
2 -13 Agenda Packet.pdf
Please see the attached agenda packet for the meeting on Thursday
Kelly Avery
Accountant /Assistant to the Finance Director /Deputy Clerk
Town of Gulf Stream
100 Sea Rd.
Gulf Stream, FL 33483 -7427
561- 276 -5116
561- 737 -0188 fax
�nvcr�C�ui� �lram:. org
13
February 7, 2014
CHAIRMAN: William Boardman
COMMITTEE MEMBER: David Bodker
Richard Mouw
Patricia Randolph
Benjamin Schreier
REGULAR MEETING BEING HELD BY THE AD HOC COMMITTEE OF THE TOWN OF GULF
STREAM, FLORIDA ON THURSDAY, FEBRUARY 13, 2014 @ 8:00 A.M. IN THE
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
GLHohIbAI
I. Call to Order.
II. Roll Call.
III. Minutes of the Regular Meeting of 1- 16 -14.
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
V. Announcements.
A. Meeting Dates
1. Regular Meetings
a. February 2B, 2014 @ 8:00 A.M.
b. March 12, 2014 @ 8:00 A.M.
c. March 26, 2014 @ 8:00 A.M.
d. April 9, 2014 @ 8:00 A.M.
e. April 23, 2014 @ 8:00 A.M.
VI. Communication from the Public (3 min. maximum)
VII. Correspondence and Suggestions Received to Date.
Consider establishing waivers
Review Generator Regulations
Mechanical Equipment Setbacks
Maximum Lot Coverage
Review Landscape Code
Fence Heights
Signs
Elevation of Seawall caps
Roof Color & Material
North Ocean Blvd. Overlay in relation to 78' setback provision
Finished Floor Elevation - Possible FEMA change to 7.5'
Review Roof & Eave Hgts. & Entry Features
Installation of sidewalks & pathways
VIII. Items to be considered at this meeting.
Consider establishment of waivers.
Review Existing Regulations for Generators Sec.22 -78 thru 22 -81.
Minor Accessory Setbacks - Mechanical Equipment Sec. 70 -51 & 70 -74.
IX. Items by Committee Members.
X. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE AD
HOC COMMITTEE 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. 286.0105, F.S.S.
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
March 30, 2015
Martin O'Boyle [mail to: records @commerce - group.com]
Re: GS #1822 (1076)
Provide copies of all text messages and emails either authored by Patsy Randolph or received by
Patsy Randolph far the period beginning January 1, 2014 through the date of this request.
Dear Martin O'Boyle [mail to: records(a),commerce- grouo.coml,
The Town of Gulf Stream received your public records requests dated March 16, 2015. You should
be able to view your original requests at the following http://www2.aulf-
stream. ore/ WebLink8 /0 /doc /41416/Pagel.asyx. If your request was verbal, then the description
of your public records request is set forth in the italics above. In future correspondence, please
refer to this public records request by the above referenced numbers.
The responsive records can be found at the above link.
We consider this matter closed.
Sincerely,
Town Clerk, Custodian of the Records