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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