HomeMy Public PortalAbout03/11/1983There will be a
Meeting of the Town Commission
of
THE TOWN OF GULF STREAM, FLORIDA
AT THE TOWN HALL
Friday, March 11 1983 , at 9:00 A.M.
cl
Deputy Town Clerk.
A G E N D A
COMMISSION MEETING
MARCH 11, 1983
1. Roll Call.
2. Approval of Minutes of the Commission Meeting February 11, 1983
and the Special Commission Meeting February 11, 1983 and the
Public Hearing of Comprehensive Zoning Ordinance February 24,
1983 and the Special Commission Meeting - Dredging Project
February 24, 1983.
3. Financial Report for the month of February, 1983.
4. Presentation of Police Reprot.
5. Report from Mr. William Mayer, Chairman of the Planning Baord.
(1) Mr. & Mrs. Houbler - replat 1 lot into 2 lots.
(2) Mr. Gordon Ripma - sign request.
6. Report on Dredging Project.
7. Report from Town Manager on Engineering Firms re: Long Range
Planning.
8. Mr. Jackson Hancock - Place Au Soleil entrance assessment.
9. Presentation by any Commission member of items they may wish
to discuss.
10. PUBLIC REQUESTS from the floor.
WTNEW
COMMISSION MEETING
March 11, 1983
William F. Koch, Jr.
Joel Hunter
Brian Pfeifler
Robert J. Dixson
Alan I. Armour
Mayor
Vice Mayor
Commissioner
Cowmi.ssioner
Also Present: Town Manager William Gwynn, Town Attorney John Randolph,
Planning Board Members William Mayer, Kenneth Rubsamen
and Thomas 0. Boucher, Police Chief James Greer, Town
Clerk Barbara Gwynn.
The meeting was called to order by Mayor Koch at 9:00 A.M. and Roll Call
was taken.
The Minutes of the Commission meeting of February 11, 1983, Public Hearing
of Comprehensive Zoning Ordinance of February 24, 1983 and Special Dredging
Project Meeting of February 24, 1983 were approved.
Police Chi
1983. Thi s
a letter r
Ocean Ridg e,
cooperation
state ring
of the case
of Greer presented the
report is made a
eceived from Louis L.
commending the Gulf
received on February
dealing in stolen au to
and the merits of th
e
Police Report for the
part of the minutes. Town
Spano, Director of Public
Stream Police Department
4, 1983 in uncovering an
parts. Chief Greer exp
Crime Watch Program.
ironth of February,
Manager Gwynn read
Safety, Town of
for the excellent
organized multi -
lained the details
Planning Board Chairman William Mayer stated that Mrs. Kathryn Houbler has
one lot and is requesting that it be replatted into two lots. He explained
that one lot is 20,005 feet and the other 19,596 feet. The additional land
is in the water. It was stated that there would be enough dry land to build
on if the seawall is extended and goes acress the property. Attorney Robert
Boutwell stated that he is representing Mr. & Mrs. Houbler and gave the back-
ground of the matter. He stated that the present zoning ordinance does not
exclude the lands in question, and that they are entitled to the replat they
are requesting, and that they had not received notice by mail of the current
zoning ordinance under consideration nor the previous amendment which was
read in April 1980.
Town Attorney Randolph reviewed the matter and stated that they do not have
what is required under the Ordinance, specifically a complete description
of the tract of land, the size of the lots, size of the streets, other public
ways, easements, etc., and this information will be necessary. Attorney
Boutwell requested that this matter be heard before the new ordinance goes
into effect. Attorney Randolph stated that zoning is in progress and the
Building Department cannot grant any permits which are in contravention of
Conmission Meeting
March 11, 1983
Page 2
any of the proposals in the Zoning Code. Attorney Boutwell stated that they
had never been informed that they were limited to the new Ordinance -- that
they were required to submit to the Planning Department the various items --
and never received notice in accordance with the Statute. He stated that the
Planning Board has cane in with the recommendation that it be approved, with
the extension of the seawall.
Conuassioner Dixson stated that the Planning Board has approved a concept
which, when applied, would provide for a replatting and that the action of
replatting would be a procedure that would be subsequent to the approval of
the concept by this Concni.ssion after the recommendation of the Planning Board.
The point was raised by Counsel that at this stage they cannot approve a con-
cept without it being supported by the complete data, engineering and other-
wise, showing the full replatting proposal. The concept cannot be approved
without a full exposure of a plan of platting which is required by law. He
also called attention to a letter which was mailed to all property owners
prior to the second reading of the amendments that went into effect in Jan-
uary, 1982.
Mrs. Houbler spoke about renaming of the street and was advised that the
matter could be discussed at the meeting on Monday evening March 14, 1983
if she so desired.
Attorney Randolph recommended that the matter be postponed until all of the
requirements set forth in the Ordinance relating to the plats have been pro-
vided.
At this point Mr. and Mrs. Houbler and Attorney Boutwell left the meeting.
Motion was made and seconded that this matter be returned to the Planning
Board to have the Petitioners re -study the matter, so that it will be in
compliance with the Ordinance, and that they obtain a plat from their Eng-
ineer, which will show the square footage that entitles it to be platted
into two lots. Motion passed.
Attorney Randolph will send the owners a letter advising them what needs
to be done, along with a copy of the relevant sections of the Ordinance.
The sign request of Gordon Ripma was considered. It was decided that the
dimension of the contractor's sign will not exceed six square feet, and all
on one sign. The real estate broker sign may be separate and is to be two
square feet.
It was recommended that the sign may stay for a year or as soon as the
property is sold.
The report on the Dredging Project was defdrred since Commissioner Armour
was not present.
Commission Meeting
March 11, 1983
Page 3
Town Manager Gwynn stated that he has conferred with three consulting
firms that are represented in this area, and briefly advised them of
the items covered in the minutes by the Long Range Planning Committee.
They would cone before the Commission in similar manner as the dredging
firms had done. The firms are:
Post, Buckley, Schuh and Jernigan
Arthur Strock and Associates
John Grant and Associates, Boca Raton
It was decided to set March 31, 1983 at 9:00 A.M. for these firms to
give a 10 or 15 minute presentation of their qualifications and if the
Commission is to proceed, that one of the firms will be retained to begin
the preliminary work.
The proposed purchase of the Phipps property was discussed, and Town Manager
Gwynn read letters he had received from the Bessemer Trust Co., Trustees of
the Estate. Motion was made and seconded that an offer of $250,000 be made
for the purchase of the Phipps property. Motion passed.
Mr. Jackson Hancock spoke regarding the entranceway to Place Au Soleil, and
stated that the Homeowners Association has been maintaining same, but that
they have not received enough money to continue, and have considered various
ways of obtaining the necessary funds. He informed the Commission that they
will be contacted by some of the Officers of the Association to decide what
to do about said property.
A member of the audience stated that the zoning map is in error as there is
a house missing at the entrance to Place Au Soleil. Mayor Koch stated that
they will take the matter up with the Consultant.
There being no further business to come before the Comnission, the meeting
adjourned at 10:40 A.M.
Barbara Gwynn
Town Clerk
fIff-
L. POLtCE
February 18, 1983
Chief James Greer
Gulfstream Police Dept.
246 Sea Road
Gulfstream, FL 33444
Dear Chief Greer:
The Town Of Ocean Ridge
Department of Public Safety
Emergency 732 -8331 Business 732 -8676
6450 N. Ocean Blvd.
Ocean Ridge, Fl 33435
I am taking this opportunity to express my appreciation for the excellent
cooperation received from your department on February 4, 1983. Our
officers' joint efforts resulted in the arrest of a felon, which may clear
numerous cases in two counties.
Information resulting from this arrest has proven to be invaluable in
uncovering an organized, multi -state ring, dealing in stolen auto parts.
I would like to specifically commend all the officers in your department
who assisted in this investigation.
Inter - governmental cooperation, as exhibited in this matter, is the key to
future success in all areas of law enforcement. I express my sincere
thanks.
Very truly yours,
Louis L. S P an , Director
LLS : j z
cc: Gulfstream Mayor
and Commissioners
MONTHLY POLICE REPORT
February, 1983
TO: Police Commissioner, Robert Dixson
FROld: Chief James W. Greer
BURGLARIES REPORTED: One
ATTEMPTED BURGLARIES: none
STOLEN PROPERTY RECOVERED- none
BURGLARY CASES CLEARED: one
LARCENY: One - cloq-,-
VANDALISM: none
ARRESTS:
Felony: Two
Misdeameanor: one
Warrant: none
Traffic- 29
FIR: 2
DWI : 3
TRAFFIC ACCIDENTS WITHIN CITY LIMITS: 3
FALSE ALARMS FOR MONTH: 18
C
TOTAL CASE REPORTS: 54
�' rice' rl cx�hY9c4c�Y�c�r 'x�c'x�'r'x�'c''irx' �' c�' c�' cx�Hc��c9ch�Yx�c�' c�' c�c9c�' c4c9c�' cx�F�' e�' c�' c�' c�' c�' r�' c�Y�' c9c4r4c4c9c�' r�' ex�' c� ?�c9r'xic�'c'xic�'c�Y4c�t�'c4c:
MILAGE
DAYS
HOURS
Buchan
772
18
144
Bunner
867
20
160
Druien
599
10
80
Hood
845
19
152
Lundy
851
19
152
Rodriguez
681
15
145
Schunck
746
16
128
Stocks
881, _
18
144
6245
135
1105
JOHNSTON, SASSER, RANDOLPH & WEAVER
ATTORNEYS AND COUNSELORS AT LAW
310 OHEECHOHEE BOULEVARD
WEST PALM BEACH, FLORIDA 33402
HARRY A. JOHNSTON U P.O. BO% M
DONALD J. SASSER
JOHN C.RANDOLPH
H. ADAMS WEAVER
MAUREEN A..HACHETT February 14, 1983
Legal Advertisement Department
The Post
2451 South Dixie Highway
West Palm Beach, FL 33405
HENRY F. LILIENTHAL
1902 -1992
OF COUNSEL
HARRY ALLISON JOHNSTON
(305) 655 -0108
Re: "Notice of Zoning Change" Public Hearings
Thursday, February 24, 1983 at 5:01 P.M.
and Monday, March 14, 1983 at 5:01 P.M.
Dear Newsperson:
Enclosed is a copy of an advertisement (including map) which we
request be published in the Palm Beach Post on Thursday, February
17, 1983 and Wednesday, March 9, 1983. When this advertisement
is published for the second time, on March 9, 1983, please delete
the date and time for the first public hearing from the enclosed
advertisement so as to preclude any confusion for the readers.
For your reference we have enclosed a copy of an excerpt from the
1981 Florida Statutes, Chapter 166, with applicable portions under-
lined which identify the specific legal requirements for this ad-
vertisement. Your special attention is directed to said require-
ments that the advertisement be no less than one - quarter page in
standard size newspaper, that the headline shall be in type no
smaller than 18 point, and that the advertisement shall not be
placed in that portion of the newspaper where legal notices and
classified advertisements appear. Please provide the Town of Gulf
Stream with three (3) certified copies of proof of publication and
send your statement for charges to the Town of Gulf Stream, 246
Sea Road, Gulf Stream, Florida 33444.
If you have any questions or if additional information is necessary
please contact me.
Thank you for your cooperation in this matter.
Very truly yours,
John C. Randolph
JCR:vm
enclosures
cc: Barbara Gwynn
Gene Caputo
r
i
r
i
u
I
I , IIt It
W) I Ipou 16,11,111 inu III an 11nu•udolrnl In Ihr rhnr.
Ire of is In a nicilcl l ley by n uulpoily 1,I Illy rh Bars vol -
ina it] a referrmhuu upon such :unrndnu•ul, the I,nv-
I'nlio! body 1,1 -mid unolii ipnlily :dull) hove Ihr
ano- uduu•al inns pinnlrll iulo III,- r11urler :Ind !;111111
Ill.. Ihr revil:rll chart yr lviI II the I)cparl mrol )I* S1411 r,
nl which l.inu• (I1,• rvvisvd rharlrr shall (:III(, effect..
(3) A nnulicipnlily uuiy amend its charter pursu-
ant to this section 114wilhstanding any charter provi.
sions to the contrary. This section shn11 he supple-
mental in the provisions of all ol.her laws relating to
IIle nnumdnlenl of tnnniripal charters slid is not in.
leader] to diminish any substantive or procedural
power vested in any municipality by present law. A
iunicipality may, by ordinance and without referen-
dtua, redefine its bou ads rips to include only those
lands previously annp%nd aul shall file said redefini-
tion with the Department of Stale pursuant to the
provisions of subsection (2).
(d) There shall be no restrictions by ilia munici-
pality oil any employee's or employee group's politi-
cal activity, while not working, in any referendum
changing employee rights.
(5) A municipality may, by onanimons vote of the
governing body, abolish municipal departments pro-
vided for in the municipal charter and amend provi.
sions or language out of the charter which has been
judicially construed to be contrary to either the state
or federal constitution.
Ill.lory —it. I, 6, 73-129.
. .. I I I " 1981
I), sed l'n I rl II I I'l I shall 1611111, Ihr doll•, liner. and I l ore
of ten` uu•I.I iul;, I l' lit le tit lit ern 1,1 prop, -,I -I on Ii
naurrv:, and Illy pinrp fir 1, m I -,a t%il bin Ihr Innait ipnl
ilv %%'lint• I,uI h Inopo -w,I orll it, no I., nuly 1w imipe, Ind
by I.hr pnhlir. tie id nil ire::hall liko ndvi.,I' Ilut inlel'-
vs, trd part ins III y 16pprnr 161 Ihr unit inn; lull he
hen r(I wit It rl'sl wt i In Ihr 11 rl.1 inset fill iIII I I v.
(b) The governing body of a municipality any, by
n two- thirds vole, enact ml emergency ordinance
without complying with the requirements of para-
graph (n) of this snhseclion. Ilowever, no rmergrucy
ordinmtcr shall he rnncloll which rnnct.s or amends a
Innd use plan or which rezones private real properly.
(c) Enactment of ordinances initiated by the gov.
erning body or its designee which rezone private rest
property shall he enacted pursuant to the following
prllre(h rn:
I. In cases in which the proposed rvzuning in.
volves less than fi percent, of the total and area of (lie
municipality, the governing body shall direct the
clerk of the governing body to notify by mail each
real property owner whose land the municipality will
rezone by enactment of the ordinance and whose ad-
dress is known by reference In the latest ad valorem
tnx records. The notice shall state the substance of
the proposer] ordinance as it effects that property
owner and Shall spl. a Hine still place for one or more
public hearings on such ordinance. Such notice shall
be given at least 30 days prior to the dale set for the
public hearing, and a copy of such notice shall be
166.032 Electors. —Any person who is a real-
V1,6 ll lol,uory Iur putfilc In.�pecuan outing ale regu.
lar business hours of the office of the clerk of the gov-
deal of a municipality, who has qualified as an elec-
orning body. The governing body shrill hold a public
hearing on the proposed ordinance and may, upon
for of this stale, and who registers in the manner pre-
scribed by general law rind ordinance of the munici-
the conclusion of the hearing, immedintely adopt the
palily shall be a qualified elector of the municipality.
ordinance.
lll.n,ry. ..1.111 73.121.
2, In cases in which the proposed ordinance deals
with more than 5 percent (if the total land area of the
166.0.11 procedures for adoption of ordi.
municipality, the governing body %hall provide for
nances and resolutions.—
public notice and hearings as follows:
(1) As used in this section, the following words
a. The ]oral governing burly shall hold two silver.
and terms shall have the following meanings unless
Used puhhc hearings on the pr(1�/(ISed nrdinnnce.
some other meaning is plainly indicated:
13oth hearings shall he held after 5 p.m. nn n week-
"Ordinance" means nu official legislative tic-
day, and the first shall be held approximately 7 days
It
lion of a governing body, which action is a regulation
nfter the day Thal the first advertisement is pub -
fished. The second hearing shell be held nppruxi.
of a general and permanent nature and enforceable
as a local law.
mately 2 weeks after the first hearing and shall he nd-
(b) "Resolution" means an expression of %govern-
vertised approximately .5 days prior to the public
hearing. The day, time, end place at which the dec-
ing body concerning matters of administration, en
ant public hearing will be held shall be announced
expression of a temporary character, or a provision
the first public hearing.
for the disposition of a particular item of the admin-
b. The required advertisements shut] be no less
istrative business of the governing body.
than one - quarter page in a standard size or a tabloid
(2) Each ordinance or resolution shalt be intro-
but in writing and shall embrace but one subject
size newspaper, and the headline in the advertise-
and matters properly connected therewith. The sub-
ment shall be in a type no smaller than 18 point. The
advertisement shall not he placed in that portion of
jest shall be clearly slated in (.he title. No ordinance
the newspaper where legal notices and classified nd-
shall lip. revised or amended by reference to its title
vert.isements appear. The advertisement shall be
only. Ordinances to revise or amend shall set pul in
published in 16 newspaper of gmicrid paid circulation
lull Ihr revised or nou•ndrd 11x1 fir nrrlion or %ubser-
i1, Ihr nauuripnlily 111111 of I:rnrnll inlrr ^d find wall.
Him fir lmnlgraph 1,l 11 nrrlion or �m L•nviinu.
viship in Ow I nnwil c, not one 1,l linlilyd nnhjvrl.
(�t 111) It %1'l•hI II! l lain \'itll'll ill fol"Irrn I l (('). Il lull-
illli(tvr, IIlltsomil 14) chaptrl' 50. 11 1•: 1111' 11'ItiAllllvi. in.
post d ord tilanco Fluty III' read by (1111', or III fill], 1111 lit
Imil that, whenever punnlhh', Illy ad I,' 1'r aWltival. shall
II :p,I 'I 5v parnip dilys and II1111I, of least. 71111"- prior Ill
aplwar fit 11 nin%spn1wr that is 1a1111ishvll tit. Ira Vt 5
ndnpl loll, he li111a('ed once in a newspaper of general
days n week In it less Lhe. oil ly newspaper in the (-I )III-
circulation in the municipality. The notice of pro-
munity is published less than 5 days a week. The ad.
810
I5. 1981 MUNICIPALITIES Ch. 166
terliselnmd shall be in the following form:
NOTICE OF ZONING CHANGE
1'he to ..r 1.sA r„IOIn„ruud „nil) proposes In rezone
thellond wit hill the area shown in I.he aulp in this tid-
lertiscou•nl.
A public hunring on the rezoning will he held on
_Ldarnml tinwi– a 1, ln!!uine plor0._
The advertisement shall also contain a geographic lo-
cation map which clearly indicates the area covered
by the propose(] ordinnnce. The mnp shall include
major street names as a means of identification of the
uen.
c. In lieu of publishing the advertisement set out
aphis paragraph, the municipality may iI n notice
wench person owning real property within uln the area
covered by the ordinance. Such notice shall clearly
espl, I the proposed ordinance and shall notify the
person of ti he Lime, place, and location of both public
hearings on the proposed ordinance.
(4) A majority of the members of the governing
body shall constitute a quorum. An affirmative vote
of a majority of a quorum present shall be necessary
se enact ally ordinance or adopt any resolution; ex-
cept that two- thirds of the membership of the hoard
's required In enact an emergency ordinance. On final
passage, the vole of each member of the governing
6dy voting shall be entered on the official record of
the meeting. All ordinances or resolutions passed by
:he governing body shall become effective 10 days af-
ter passage or as otherwise provided therein.
(5) Every ordinance or resolution shall, upon its
final passage, be recorded in a book kept for that pur-
pose and shall be signed by the presiding officer and
the clerk of the governing body.
(61 The procedure as set forth herein shall consti-
tute a uniform method for the adoption and enact-
ment of municipal ordinances and resolutions and
shall be taken its cumulative to Other methods now
provided by law for adoption and enactment of mu-
sicipal ordinances and resolutions. By future ordi-
nance or charter amendment, a municipality may
specify additional requirements for the adoption or
enactment of ordinances or resolutions or prescribe
procedures in greater detail than contained herein.
However, n municipality shall not have the power or
mthuril.y In lessen or reduce Lilo requirements of this
sctiun or other requirements as provided by general
law.
Ilbinry. x. I, .1, 7:1 12:1, s. 2.11. 711 1SS; r. A. rb. 77 :ell.
166.114.2 Legislulive intent.
(1) It is the legislative intent that the repeal by
chzpler 7:6 121.1, Lows nl Florida, of chapters 167, 168,
167, 172, 174, 1711, 178, 181, 18:1, and 181 (if Florida
Sudulrs shoal not be. interpreh -d lu limit or reslrict
clue Mowers r1I 111111livil 111 nffiriul•i, Ina shall be iuler-
pretcd nv n mrltl ;nlltim of 1.1111:111IIII11111111 p(mvrs. 11. 14,
lurlher, the Iel,islal,ive intend lu rccugnirr residual
cunulit . it i. home ode powers in uuulil iron I ;uvvro-
menl, and the Lrgi:dature finds t.hal. this run best he
itIOut, lirdo -d by Ihr rruurvnl of Ira ;i:dntide direction
Trull Ihr alai utra. It ls, lurlhrr, the Ira ;i:llnllvc inlrul
that nuolivipalilieS shill runliunr to rxoreint• all pow
ers heretofore conferred on nuiniciptilities by the
chapters enumerated above, but shall hereafter exer-
cise those powers of their own discretion, subject only
to Lite terms and conditions which they choose to pre -
scrihc.
(2) Nothing cmdniued in s. 6, chapter 7:1 -126,
Laws of Fiorillo, shall hr inlerprried to ivapair any
claim against a municipality or to affect t.11e validity
of any bonds or obligations issued under authority of
any of the chapters enumerated in subsection (1).
motory. —s. a, ch. 73.129.
166.0425 Sign ordinances.—Nothing in chap-
ter 78.8, Laws of Florida, shall he deemed to super-
sede the rights and powers of municipalities and
counties to establish sign ordinances; however, such
ordinances shall not conflict with any applicable
stale or federal laws.
Il i story. s. S. ch. 78-9.
Nolr. Alrn published st s. 1450102.
166.043 Ordinances and rules imposing
price controls; findings required; procedures. —
(1)(s) Except as hereinafter provided, no county,
municipality, or other entity of local government
shall adopt or maintain in effect an ordinance or a
rule which has the effect of imposing price controls
upon a lawful business activity which is not fran-
chised by, owned by, or under contract with, the gov-
ernmental agency, unless specifically provided by
general law.
(b) The provisions of this section shall not pre-
vent the enactment by local governments of public
service rates otherwise authorized by law, including
water, sewer, solid waste, public transportation, taxi-
cab, or port rates.
(2) No low, ordinance, rule, or other measure
which would have the effect of imposing controls on
rents shall be adopted or maintained in effect except
as provided herein and unless it is found and deter-
mined, as hereinafter provided, that such controls ore
necessary and proper to eliminate an existing housing
emergency which is so grave as to constitute a serious
menace to the general public.
(3) Any law, ordinance, rule, or other measure'
which has the effect of imposing controls on rents
shall terminate and expire within 1 year and shall not
be extended or renewed except by the adoption of a
new measure meeting all the requirements of this
section.
(,I) Notwithslnudiug wry other provisions of Ibis
section, on controls shall be iulposvd on rents fur tiny
tirconuoululiun used nr Itfreti-d for rl•sidenlinl par.
poses US a aL•USr AIIII or diarist told. 114 11 second look-
ing unit, or on rents for dwelling units located in lux-
ury apartment buildings. For the purposes of this
Section, it luxury nptirlmetit building is one wherein
nn January 1, 1977, the nggrega Le rent due or' a
Monthly basis troin 1111 11w1'11111g 1111113 Ina 411111'11 Ill
lenses or rent lists existing nu that lute divided by
Ihn nnnlher ul' dwelling nails exceeds $2611.
(Ii) No nllulicipulily, manly, or other colily of Iu-
clo1 gm t•rumenl Shull adopt or maintain in effect tiny
lov, ordivanre, rulr, ur nlhrr Im•n:mre which would
huvo Ilse rllrrl. ul' iullimiug runlrld4 on rvols unlowl:
Hit