HomeMy Public PortalAbout10/12/1984AGENDA
TOWN COMMISSION MEETING
OCTOBER 12, 1984
1. Roll Call.
2. Approval of Minutes: Commission Meeting September 14, 1984
Second Budget Hearing September 13, 1984
3. Financial Reports, September, 1984.
4. Presentation of Police Reports.
5. Presentation by the Planning and Zoning Board.
P.B. #84 -12
A request by W. Scott Tiernan for amendment to the
final site for an addition to a single family residence
on property described as the replat of lots 45, 45A, 46
and 46A, Gulf Stream Properties #2, and located at 3345
Oleander Way.
P. B. #84 -15
A request by R. Thorne for site plan review for exterior
remodeling, swimming pool relocation, and driveway re-
location on a single family residence on property described
by metes and bounds and located at 2423 N. Ocean Blvd.
6. SECOND and FINAL reading of Ordinance #84 -5 regarding
removal of trash,'debris etc.
7. Report on bond issue projects.
8. Presentation by GBS Architectural Association.
9. Report on satellite antennas by Attorney John Randolph.
10. Comments and recommendations from Commission members.
11. Public requests or comments from the floor.
12. Adjourment.
TOWN OF GULF STREAM
C,
COMMISSIONERS
WILLIAM F. KOCH. JR., Mayor
JOEL HUNTER, Vice Mayor
ALAN I. ARMOUR
ROBERT J. DI %SON
BRIAN PFEIFLER
1. Roll Call.
Present
Mayor Koch
Vice Mayor Hunter
Commissioner Armour
Commissioner Dixson
Commissioner Pfeifler
PALM BEACH COUNTY. FLORIDA
TOWN COMMISSION MEETING
OCTOBER 12, 1984
MINUTES
Others Present
MAIL ADDRESS
248 SEA ROAD
GULF STREAM, FLORIDA
33444
TEL.: GULF STREAM
27 &5118
Town Manager
WILLIAM E. GWYNN
Town Clark
BARBARA GWYNN
Chief of Police
JAMES GREER
Bill Gwynn, Town Manager
Gene Caputo, Asst Town Manager
Barbara Gwynn, Town Clerk
Jack Buchan, Sergeant
John Randolph, Town Atty.
Bill Mayer, Chairman, Planning Board
Clarence Sova, Public Works Supervisor
2. Approval of Minutes: Regular Meeting September 14, 1984
i Second Budget Hearing September 13, 1984
Upon a motion by Mr. Armour and second by Mr. Dixson, both sets of minutes were
unanimously approved as amended.
3. Financial Reports, September 1984.
Mr. Gwynn presented the financial report for the month of September 1984 and
reported that there were no significant transactions. He further stated that
there appears to be approximately a $12,000 surplus for the current fiscal
year. This report is made a part of these minutes. He also stated that the
annual audit would begin next week and that we have been assurred that the
report would be ready for the December meeting.
4. Presentation of Police Reports, September 1984.
In Chief Greer's absence, Sargeant Buchan presented the Police Report for the
month of September which is made a part of these minutes. He indicated that
during the month there was only one burglary and that inclement weather had
caused numerous false alarm calls.
5. Presentation by the Planning and Zoning Board.
P.B. 1184 -12
A request by W. Scott Tiernan for amendment to the final site for an addition
to a single family residence on property described as the replat of lots 45,
45A, 46 and 46A, Gulf Stream Properties 112, and located at 3345 Oleander Way.
P.B. 1184 -15
A request by R. Thorne for site plan review for exterior remodeling, swimming
pool relocation, and driveway relocation on a single family residence on
C'
Commission Meeting
October 12, 1984
Minutes - Page 2
property described by metes and bounds and located at 2423 N.Ocean Blvd.
Mr. William Mayer presented both items and stated that the Planning and
Zoning Board recommends approval of both items.
Upon a motion by Mr. Armour and second by Mr. Pfeifler, the Commission
unanimously approved both requests.
6. Second and Final reading of Ordinance 1184 -5 regarding removal of trash,
debris etc.
Mr. Gwynn presented the proposed Ordinance. Upon a motion by Mr. Armour
and second by Mr. Dixson, the Commission unanimously approved the Ordinance.
7. Report on bond issue projects.
Mr. Caputo presented a brief report on the various projects. He stated that
bad weather has caused delays in the projected completion schedules.
8. Presentation by GBS Architectural Association.
Mr. Jim Stergas presented preliminary working drawings of the municipal
complex. He indicated that his firm would move ahead with the contractor
bidding process. He also asked for authorization to proceed with soil
borings and the necessary advertising.
Upon a motion by Mr. Armour and second by Mr. Hunter, the Commission unani-
mously authorized GBS to proceed with soil borings and legal advertisements.
9. Report on satellite antennas by Attorney John Randolph.
Mr. Randolph presented his views on the current zoning ordinance addressing
satellite antennas. He stated that regulation is a better approach than out-
right prohibitions.
The Commission indicated that it objects to moving away from direct prohibition
but yields to the logic of strict regulatory action and therefore authorized
Mr. Randolph and Mr. Caputo to prepare the ordinance revision for first
reading at the November meeting.
10. Comments and recommendations from Commission members.
Mayor Koch stated his objection to the proposed Palm Beach County Charter and
suggested voter opposition at the November general election. He asked that
a letter be sent to other municipalities expressing his concern on this subject.
11. Public requests or comments from the floor.
Mr. Gwynn presented the Town's salary schedule for approval. Upon a motion by
Mr. Pfeifler and second by Mr. Hunter, the Commission unanimously approved the
salary schedule.
C
Commission Meeting
October 12, 1984
Minutes - page 3
12. Adjournment.
There being no furt er business, the meeting was adjourned at 11:00 A.M.
gene A. Capitfo
Assistant Town Manager
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS MAIL ADDRESS
246 SEA ROAD
WILLIAM F. NOCH, JR., Mayor GULF STREAM, FLORIDA
JOEL HUNTER, Vice Mayor 93444
TEL: GULF STREAM
ALAN I. ARMOUR 2765118
ROBERT J. DI %SON Town Manager
BRIAN PFEIFLER WILLIAM E. GWYNN
October 9, 1984 Town C1efk
BARBARA GWYNN
Chief of Police
JAMES GREER
The following pay scale is hereby adopted for the
Fiscal Year 10/1/84 - 9/30/85
Chief
Sergeant
Patrolman
Police Secretary
Manager
Sanitation Supervisor
Sanitation Assistant
Asst. Town Clerk
Sanitation Driver Assistant
Code Enforcement Officer
Assistant to Town Manager
35,592
23,072
17,976 - 21,355
16,200
30,561
20,632
14,905
12,000
13,000
6,000
18,000
MONTHLY POLICE ACTIVITY REPORT
REPORTED CRIMES
ALARMS 31
1. Vandalism - 2
MEDICAL 0
2. Theft - 3
Information Only - 3
3- Burglary
FIRE 1 (vahicle)
4- Town Ordinance Violation
Found Property
5.
Lost Property
6.
INVESTIGATIONS
7.
PENDING. 1 (Willard B &E)
8.
Animal Complaint
9..
ACCIDENT
10.,
INVESTIGATIONS 1
11.
12.
13.
ARRESTS
14.
15.
MISDEMEANOR
POLICE SERVICE CALLS
1.
Suspicious Incidents - 11
2.
Civil Assists - 3
3.
Information Only - 3
4.
Police Service - 2
5.
Found Property
6.
Lost Property
7.
Traffic
8.
Assist Other Departments - 4
9.
Animal Complaint
10.
11.
12.
13.
14.
15.
TOTAL CALLS FOR THE MONTH 66
uFff—GINA
TRAFFIC
ASSIST OTHER
DEPAR24MT
WW-STS)
W.
1
JAMES W. GREER
CHIEF OF POLICE
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
MAIL ADDRESS
246 SEA ROAD
WILLIAM F. KOCH, JR., Mayor
GULF STREAM, FLORIDA
JOEL HUNTER, Vice Mayor
33444
TEL: GULF STREAM
ALAN I. ARMOUR
27 6-5118
ROBERT J. OIXSON
Town Manager
BRIAN PFEIFLER
WILLIAM E. GWYNN
October 9, 1984
Town Clerk
BARBARA GWYNN
Chief of Police
JAMES GREER
The following pay scale is
hereby adopted for the
Fiscal Year 10/1/84 - 9/30/85
Chief
35,592
Sargeant
23,072
Patrolman
17,976 - 21,355
Police Secretary
16,200
Manager
30,561
Sanitation Supervisor
20,632
Sanitation Assistant
14,905
Asst. Town Clerk
12,000
Sanitation Driver Assistant
13,000
Code Enforcement Officer
6,000
Assistant to Town Manager
18,000
1
FINANCIAL REPORT
MONTH OF OCTOBER, 1984
Receipts
Fines
$
OPERATING ACCOUNT
Balances 9/30/84
$
$
4,290.12
Deposits
3,231.31
$
91,181.42
Withdrawals
Licenses
$
70,178.57
Balances 10/31/84
$
$
25,292.97
Invested Surplus
- General Fund
$
3,602.97
Invested Surplus
- Water Fund
$
25,289.36
Invested Funds -
Police Dept. (Boat Sale)
$
16,480.52
Invested Funds -
Dredging
$
185,532.67
Receipts
Fines
$
423.00
Transfer from Money Market Account
$
35,000.00
I.D.S. Retirement refund
$
3,231.31
Dredging assessment
$
1,403.04
Licenses
$
5,792.67
Water
$
28,798.46
Trash
$
7,163.00
Cable T.V. Franchise
$
396.79
Other
$
287.00
Permits
$
2,890.00
Electric Franchise
$
4,883.07
Fla. Revenue Sharing
$
873.08
Palm Beach Road & Bridge Fund
$
40.00
Total
$
91,181.42
FINANCIAL REPORT, Page 2, Cont.
CHECKS DRAWN ON OPERATING ACCOUNT, October, 1984
#2919
Fla. Municipal Insurers Fund
Workmen's Comp $
5,955.00
20
Fla. Munc. Self Insureres Program
Liability
4,473.00
21
Fla. Municipal Health Trust Fund
Employee's Health Ins.
1,978.72
22
Jerry's Print Shop, Inc.
Police Dept.
34.05
23
Nationwide Ins. Co.
Special Group Policy
51.00
24
Atlantic Refrigeration
Repair to A/C
72.00
25
Gene Caputo
General Manager Service
1,500.00
26
Executive Management Consultants.
Preparation of zoning Ord etc.
362.50
27
Alexander Battery Sales Inc.
Police Dept.
37.90
28
Adjustco Ins.
Insurance Misc.
5,593.00
29
Easy Pay Tire
Police Dept.
42.92
30
Fla. League of Cities
Annual Membership
156.00
31
Dr. Galaninena
New Police Officer Physical
75.00
32
Mobile Communication
Answering Service
51.00
33
Donald E. Mayewski
Breathalyzer repair
30.00
34
Maury's Tool Chest, Inc.
Sanitation Dept.
27.00
35
Town of Ocean Ridge
4th qtr 1984 on Fire Contract
3,250.00
36
Purity Uniform
Sanitation Dept.
134.15
37
Boynton Auto Supply
Police Dept.
174.22
38
County Sanitation
Garbage removal- October
5,049.00
39
Edgar Office Supply Co.
Office supplies
66.55
40
Barnett Bank
Withholding
1,840.80
41
Fla. Division of Retirement
Social Security
1,631.57
42
Town of Gulf Stream
Payroll
8,943.27
43
Nancy Fuerstenau
Water billing
150.00
44
Wm. Gwynn
Car allowance
200.00
45
Charles Hood
Refund I.D.S.
1,562.88
46
Susan Law
" "
943.70
C
47
James Mahoney
it 11
724.73
48
Broward Tractor
Front end loader attachment
4,836.25
49
VOID
50
Gulf Oil Corp.
Gas
882.71
51
Harvel & DeLand
Water meter maint. & repair
1,450.50
52
Aid to traffic
New signs on AIA
142.00
53
Boca Raton Secretarial Ser.
Addressograph plates
5.18
54
Bo -Del Inc.
Envelopes
364.95
55
Crystal Water Company
T.H. - Police Dept.
53.85
56
Delta Petroleum
Emergency hand gas pump
127.00
57
Fla. Power and Light
Streets - T.H. - Sanit.
1,351.08
58
Delray Car Wash
Police Dept.
12.50
59
Wm. E. Gwynn
Accounting & Secretarial -Sept.
727.50
60
Wm. E. Gwynn
Prep. 9 Page Statistical report
385.00
61
Lanier Business Products Inc.
Humidifier kit
75.00
62
The News of Delray
Notice of Hearing- Budget
154.55
63
Ocean City Lumber Co.
Sanit.
304.53
64
Picard Chemical Inc.
Sanit. supplies
54.50
65
Palm Beach Cty Solid Waste Aut.
Trash disposal
220.56
66
South Fla. Laundry
Police Dept.
76.55
67
Southern Bell
Sanit. T.H.
252.14
68
Adjustco Inc.
Public Official Bonds
110.00
69
Town of Gulf Stream
Payroll
9,257.67
70
Fla. Div. of Retirement
S/S
1,704.39
71
Barnett Bank
W/H
1,895.20
72
Joe DeGange
Code Enforcement Officer
625.00
Total $
70,178.57
FINANCIAL REPORT Page 3, Cont.
CHECKS DRAWN ON PAYROLL ACCOUNT
#1353
Sigrid Helmes
9/29 -10/12
$ 482.82
54
Greer
1,018.48
55
Bunner
812.68
56
Buchan
717.79
57
Rodgriguez
599.97
58
Lundy
696.26
59
Hatton
761.90
60
Burtka
"
607.49
61
Williams
654.46
62
Neff
606.11
63
Sova
593.29
64
Colebrook
438.29
65
Gwynn
602.91
66
Bevens
350.82
67
Helmes
482.82
68
Greer
11018.48
69
Bunner
736.03
70
Stocks
701.29
71
Buchan
717.79
72
Rodriguez
599.97
73
Lundy
641.91
74
Hatton
609.79
75
Burtka
607.49
76
Sova
593.29
77
Colebrook
438.29
78
Gwynn
602.91
79
Williams
600.17
80
Neff
556.62
81
Bevens
350.82
Total $18,200.94
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TOWN OF GULF STREAM
CASH PROJECTION
1984
CASH November
Bank Balances - Beginning of Period $ 25,293
Add: Receipts 75,000
Sub Totals $100,293
Less: Expenditures 76,000
Bank Balances - End of Period $ 24.293
INVESTMENTS
1984
November thru January 1985
$ 25,293
500,000
$525,293
525,000
$ 293
Beginning of Period
Money Market Accounts (Gen'l) $ 3,603 $ 3,603
Money Market Accounts (Water) 25,289 25,289
Total $ 28,892 $ 28,892
End of Period
Money Market Accounts (Gen'l) $ 11000 $ 275,000
Money Market Accounts (Water) 1,000 51,000
Total $ 2,000 $ 326,000
1 r
JOHNSTON, SASSER, RANDOLPH & WEAVER
ATTORNEYS AND COUNSELORS AT LAW
�- 310 OKEECHOBEE BOULEVARD
HARRY A. JOHNSTON U WEST PALM BEACH, FLORIDA 33402
DONALD J. SASSER
JOHN C. RANDOLPH P. O. BOX M
H. ADAMS WEAVER
MAUREEN A. HACKETT
ANN MARIE O. RE220NICO
October 11, 1984
William Koch, Jr., Mayor
Joel Hunter, Commissioner
Brian Pfeifler, Commissioner
Alan Armour, Commissioner
Robert Dixson, Commissioner
Town of Gulf Stream
246 Sea Road
Gulf Stream, Florida 33444
HENRY F. LILIENTHAL
1902-1982
HARRY ALLISON JOHNSTON
1895-1983
(305) 655-0108
Re: Satellite Dish Antennas
Dear Mayor and,Commissioners:
On August 6, 1984, I provided to the Town through
�) Gene Caputo language which, in my opinion, would be
defensible in a court of law relating to the regulation
of satellite dish antennas within the Town of Gulf
Stream. I have attached hereto a copy of that provision
to which I have added additional language which would
accomplish the purpose of regulating these antennas
so as to provide for legally enforceable controls by
the Town.
Initially, in the adoption of its zoning
code, it was the intent of the Commission to prohibit
the location of these antennas within the Town. Since
these structures do not present a safety hazard, it
is assumed that the prohibition was aimed at controlling
the esthetic appearance of the Town. Indeed, it would
be esthetically displeasing to have one or a number
of these type of structures located within view of
others within the Town. If, however, esthetics is
the goal, the matter can be dealt with, on a more sustainable
basis, through regulation rather than outright prohibition.
That is why the language in the attachment was offered
to the Town in August.
Problems exist in outright prohibition.
The first of these is that you invite litigation.
The Town should not fear litigation, but if the time and
expense of same can be avoided through reasonable alternatives,
�� �� e
M a y o r a n d C o m m i s s i o n e r s
T o w n o f G u l f S t r e a m
O c t o b e r 1 1 , 1 9 8 4
P a g e T w o .
t h o s e a l t e r n a t i v e s s h o u l d b e c o n s i d e r e d . S e c o n d l y ,
a l t h o u g h t h e T o w n h a s t h e p o w e r t o a d o p t a n d e n f o r c e
c e r t a i n p r o h i b i t i o n s , t h a t a c t i o n i s s u b j e c t t o s e v e r a l
t e s t s , n o t t h e l e a s t o f w h i c h i s w h e t h e r t h e p r o v i s i o n
i n v a d e s p e r s o n a l o r p r o p e r t y r i g h t s u n n e c e s s a r i l y o r
u n r e a s o n a b l y . A n a p p r o p r i a t e q u e s t i o n b y a p e r s o n
c h a l l e n g i n g t h e o u t r i g h t p r o h i b i t i o n o f s a t e l l i t e d i s h e s
i s t h e r e a s o n a b l e r e l a t i o n s h i p b e t w e e n t h e p r o h i b i t i o n
a n d t h e g o a l t h e T o w n s e e k s t o o b t a i n t h r o u g h i t s p o l i c e
p o w e r s . I f t h e g o a l c a n b e r e a c h e d t h r o u g h r e a s o n a b l e
r e g u l a t i o n r a t h e r t h a n o u t r i g h t p r o h i b i t i o n t h e C o u r t s
w i l l n o r m a l l y f a v o r r e g u l a t i o n a n d t h o s e r e g u l a t i o n s
m u s t b e r e a s o n a b l e .
A f u r t h e r c o n s i d e r a t i o n i s t h a t a z o n i n g
o r d i n a n c e m u s t n o t d i s c r i m i n a t e u n r e a s o n a b l y , a r b i t r a r i l y
o r c a p r i c i o u s l y . V a l i d q u e s t i o n s m a y a r i s e a s t o d i s c r i m i n a -
t i o n i f t h e T o w n p r o h i b i t s s a t e l l i t e d i s h a n t e n n a s
b u t a l l o w s o t h e r t y p e s o f c o m m u n i c a t i o n a n d a n t e n n a
^ s y s t e m s . O n e m i g h t f u r t h e r q u e s t i o n t h e r e a s o n a b l e n e s s
o f a z o n i n g r e g u l a t i o n w h i c h p r o h i b i t s s a t e l l i t e d i s h
a n t e n n a s b u t w h i c h d o e s n o t s i m i l a r l y p r o h i b i t a s i m i l a r
s t r u c t u r e o r s t a t u a r y o r s c u l p t u r e o f s i m i l a r s i z e ,
p r o p o r t i o n o r d e s i g n , w h i c h m a y p r e s e n t a s o f f e n s i v e
a n a p p e a r a n c e i n t h e e y e s o f s o m e a s a s a t e l l i t e d i s h
a n t e n n a .
A s i t u a t i o n w h i c h i s s o m e w h a t a n a l o g o u s t o
t h e s a t e l l i t e d i s h a n t e n n a i s s u e a n d w h i c h h a s b e e n
a d d r e s s e d m a n y t i m e s i n t h e c o u r t s i s t h a t r e l a t i n g
t o r e c r e a t i o n a l v e h i c l e s w i t h i n m u n i c i p a l i t i e s . I t
h a s b e e n d e t e r m i n e d t h a t a p e r p e t u a t i o n o f s u c h v e h i c l e s
w i t h i n a m u n i c i p a l i t y c a n b e e s t h e t i c a l l y d i s p l e a s i n g .
T h e r e f o r e , w i t h t h e r i s e i n t h e p o p u l a r i t y o f t h e s e
v e h i c l e s , m u n i c i p a l g o v e r n m e n t s s o u g h t t o c o n t r o l t h e i r
u s e . O u t r i g h t p r o h i b i t i o n s o f t h e s e v e h i c l e s w o u l d
n o t b e s u s t a i n e d b y t h e c o u r t s s i n c e p r o h i b i t i o n i s
a n u n n e c e s s a r y o r u n r e a s o n a b l e i n v a s i o n o f a p e r s o n a l
r i g h t . R e a s o n a b l e r e g u l a t i o n s , h o w e v e r , a i m e d a t c o n t r o l l i n g
t h i s m a t t e r a n d a i m e d a t m a i n t a i n i n g t h e e s t h e t i c a p p e a r a n c e
o f t h e c o m m u n i t y h a v e b e e n s u s t a i n e d .
T h e s a t e l l i t e d i s h a n t e n n a i s s u e i s r e l a t i v e l y
n e w a s i t r e l a t e s t o l e g a l p r e c e d e n c e . C a s e s w h i c h
I h a v e f o u n d h a v e s u s t a i n e d m u n i c i p a l i t i e s i n t h e i r
r i g h t t o r e g u l a t e t h e m m u c h i n t h e s a m e m a n n e r t h a t
a m u n i c i p a l i t y m i g h t r e g u l a t e o t h e r s t r u c t u r e s . F o r
y o u r i n f o r m a t i o n , I h a v e a t t a c h e d a s h o r t t r e a t i s e
r e l a t i n g t o t h a t m a t t e r . I n a d d i t i o n , I u n d e r s t a n d
J O H N S T O N , S A S S E R , R A N D O L P H & W E A V E R
Mayor and Commissioners
Town of Gulf Stream
October 11, 1984
Page Three.
that you have previously been provided a copy of the
September 1984 issue of Zoning News which addresses
this matter of regulation.
Even though case law is scant on the specific
matter of satellite dish antennas, there is enough
precedent relating to similar and analogous matters,
that I believe it is safe to conclude that a direct
prohibition of such antennas would not be sustained
by the courts. Reasonable regulations would and those
have previously been provided.
JCR /lsn
Enclosures
Very truly your;
JOHN C. RANDOLPH
JOHNSTON, SASSER, RANDOLPH & WEAVER
Statement of Legal Advertising in the
FORT LAUDERDALE NEWS /SUN- SENTINEL
101 N. New River Drive E., Ft. Lauderdale, FL 33302
67514885 10/287 11/49
Account Number inserted in the issues of:
in the matter of: Request for Prequalification
To: Town of Gulf Stream
246 Sea Road
Gulf Stream, FL 33444
ATTN: Barbara Gwynn, Town Clerk
FIRST PUBLICATION OF YOUR LEGAL ADVERTISEMENT -
II eny chnnpa. a, car,.H..., plea...CVbe u. Wfon th. next In..HIon EeU. Call M14 19
FORT LAUDERDALE NEWS/SUN-SENTINEL
Published Daily
Fort Lauderdale, Broward County, Florida
STATE OF FLORIDA
COUNTY OF BROWARD
Before the undersigned authority personally appeared Barbara A. Strickland
PMT! COPY OP LEOAL NOTICE nERN
who on oath says that he is _ _
Classified Supervisor of the Fort Lauderdale News /Sun - Sentinel, Daily RE,11'Ul ST FOR
T
newspapers published at Fort Lauderdale in Broward County, Florida; that the attached Sea Roa
1) S Arda tects
copy of advertisement, being a REQUEST FOR PREOUALIFICATION willrw
1984 General (
in the matter of A 305 - Contr
constructing a new one story town hall building 2)
in the Court,
was in said newspaper in the issues October 2 8
Celia
published of ,
November 4, 11, 1984
3> corSii
biddi
Saco
magi
roles
4) At fir
Affiant further says that the said Fan Lauderdale News /Sun - Senlinel are newspapers published at Fort Lauderdale,
Pen,
in said Broward County, Florida. and that the said newspapers have heretofore been continuously published In mid
boor
Broward County, Florida, each day, and have been entered as second class matter at the post office in Fort Lautlerdale,
calla
In said Broward County, Florida, for a period of one year next preceding the first publication of the attached copy of etl-
5) It in' h
mevy
th
vertimment; and affianl says that he has neither paid nor promised any person, firm or corporation any discount, rebate,
or
commission or refund for the purpose of securing this advertisement for publication In said newspapers.
Barbera
Town of
October
Sworn to and subscribed before me
this ......... 12th........_... day of .... November.:.ik6f!a�
A.D. 194...... y
(SEAL) - Vafy Public
NOTARY PUBLIC Ci ATE CF fGRIDA AT LARGE
fdY COWIMSINJ JULY 20. 1985
50NUED BY OHIO CASUALTY COMPANY
In
FOR BIDDERS
Bid
need applicable AIA forms these
fm either the Town of Gulf �'Iream
Clerk
Florida i
-4, 11. 1994 ...
FSA104
TOWN OF GULF STREAM
ZONING ORDINANCE
Section X - General Provisions
H. Satellite or Dish Type Antennas
The use and location of satellite or dish antennas for
radio, television, micro -wave, or other electronic
transmission or reception is are prehibited
permitted within the Town of Gulf Stream- provided
that it is demonstrated to the Town Commission by a
site plan, landscape plan, screening plan, or any other
documentary or graphic information that the proposed
satellite or dish antenna will be screened from view
at ground level from abutting streets, waterways, and
dwellings, and will not encroach upon public rights-
of-way or public easements. Approval by the Town
Commission of a satellite' or dish antenna may include
reasonable conditions to accomplish the screening and
non - encroachment requirements of this subsection.
For purposes of this ordinance, satellite or dish type
antennas shall be considered accessory structures and
shall conform to all regulations relating thereto.
Subjects of Regulation / § 3.01[3]
strictions would not be a complete defense to the nuisance
action, but would be entitled to some weight.
A vigorous dissent by Justice Callow argued that the
majority's position contravened precedent, unduly favored
the interests of solar energy users over those of their neigh-
bors, denied the neighbor's assumed right to construct on
land within the legal and noticed restrictions applicable
thereto, and invaded the legislative policymaking arena. In
fact, the dissent noted, the Wisconsin legislature had con-
temporaneously enacted enabling legislation, Wis. Stat. §
66.032, governing solar access and authorizing a recordation
and notice system intended to control the very problem
presented here.
[3] Satellite Dish Antenna: Restriction Upheld
The Supreme Court of Georgia upheld an injunction re-
quiring a homeowner to remove a twelve -foot diameter dish
antenna, used for receiving satellite television signals, from
his front yard. Gouge v. City of Snellville, 287 S.E.2d 539
-� (Ga.1982).
City officials contended that the large antenna, placed on
a concrete base and secured with angle iron supports, violat-
ed a zoning ordinance provision that "structures shall be
permitted only in rear yards...." Homeowner Gouge, who
used the antenna for personal purposes as well as in conjunc-
tion with his licensed home business of selling antennas,
argued primarily that the ordered removal violated his First
Amendment rights to receive communications. Against this
argument, the court observed that the ordinance was not
aimed at the communicative or content -based aspects of the
conduct, and therefore, under First Amendment analysis,
the ordinance would be sustained so long as it served a
reasonable governmental purpose and preserved alterna-
tive means of communication. As to these criteria, the court
observed that the ordinance served a valid purpose in pro-
moting the city's aesthetic interests and that the reposition-
ing of the antenna in Gouge's backyard, albeit at some
33
§ 3.02[1] / Zoning and Planning Law
expense and inconvenience, would allow an effective alter-
restriction ,
native for receiving the desired communication.
fore, a viola
[1] Video Arcade Ordinance Gets Mixed Review by
Court revel
[Editor's Note: It is interesting to observe that the dispute
"connectiot
involving Mr. Gouge and others like it have received consid-
licensing sc
erable attention in the general press. See, e.g., article cap-
ered by the
tioned "Why neighbors squabble over 'progress' —What
to the app
brings convenience and savings to some is only an unwanted
turn was of
intruder to others —The culprits: solar panels, windmills, sa-
City Manag
tellite dishes," U.S. News & World Report, Aug. 2, 1982, p.
on the app.
46. Problems with satellite dish antennas are likely to be in
"criminal c
flux in the next few years: current dish antennas, while large
investigativ
(twelve feet), are still relatively expensive ($10,000 to $20,-
administrat.
000) and rare (30,000 in the country) and, furthermore, they
however, to
are under a threat of being banned or restricted as tools for
ing, instead
the unauthorized reception of signals intended for others.
of appeals f
By recent Federal Communications Commission action,
cess objectit
however, nationwide satellite -to -home pay TV service is
er than fed
slated to begin in 1986, using two- and -a -half foot diameter
subject to L
rooftop antennas costing perhaps as little as $100. N.Y.
Aladdin's C
Times, 6/24/82, p. Al.]
Ed. 2d 152
§ 3.02. Bars, Video Arcades and Other "Social
[2] "He:
Nuisances"
The Supr
[1] Video Arcade Ordinance Gets Mixed Review by
nance enac
Supreme Court
against a he.
impermissit
In a case from Texas, the operator of a pinball and video
constitution
game arcade challenged municipal licensing provisions,
versy cente
which allowed denial of a license on the basis of an ap-
"items deli;
plicant's suspected "connection with criminal elements"
which lang
and which further prohibited the playing of coin- operated
country —dt
games by persons under seventeen years of age unless ac-
years ago b
companied by a parent or legal guardian. At the federal
tion. The C.
court of appeals level, 630 F.2d 1029 (5th Cir. 1980), both
shop owner
restrictions were declared invalid: the "criminal element"
ever grounc
criterion was declared unconstitutionally vague, and the age
able vaguen
34
=AMW I
1 EXECUTIVE MANAGEMENT CONSULTANTS
P.O. BOX 5898 • LAKE WORTH, FLORIDA 33461 • (305) 965 -4006
TO: Skip Randolph, Town Attorney
FROM: Gene Caputo
SUBJECT: Proposed Satellite Antenna Revisions to Gulf Stream
Zoning Ordinance
DATE: November 5, 1984
As per our discussion of last week, the following encompasses the
basis of the Zoning Ordinance revisions relative to antennas and
satellite antennas:
1. Section IV - Definitions
(Add the following definitions in the proper number
sequence:)
Antennas
a. Antenna. A device for radiating and /or receiving
television or radio signals.
b. Antenna structure. An antenna consisting of two or
more radiating elements, generally similar which are
arranged in such a manner as to obtain direction
radiation patterns. It includes any structural
members which are necessary to maintain the prooer
electrical relationships between the radiating
elements, including the mast or other structure used
to support the array as a whole, but does not include
the transmission line which supplies energy to or
receives energy from the array as a whole_
C. Broadcast receiving antenna. An outside antenna
used for the reception of signals transmitted by
stations licensed by the Federal Communications
Commission in the Radio Broadcast Services. including_
AM. FM and TV.
d. Communications antenna. An outside antenna used
for the transmission of signals by stations licensed
PLANNING • ZONING • MANAGEMENT • RESEARCH
by_thE Federal Communications Commission in the
several radio services other than the Radio broadcast,
Services, and /or for the reception of ai_qnel_s
transmitted by such stations._
e. Mast. A pole, or a tower, used to support a
broadcast receiving antenna or a communications_
antenna and maintain it at the proper elevation.
f. Satellite television antenna system. A system of
equipment designed to receive satellite television
and radio signals for distribution to private
residences including both single - family dwelling.s.
and multi - family dwellings. Satellite television
antenna system includes the terminoloqv - Television
Dish" or "Television Disc ". Satellite television
antenna system does not apply to Cable Television_
+stems which are governed by separate franchise and
Federal regulations.
Certain of the above listed definitions would be duplicated for
cross reference purposes as listed below. These would also be
placed in their proper number sequence.
Broadcast receiving_ antenna. See Antennas
Communications antenna. See Antennas
Mast. See Antennas
Satellite television antenna stem. See Antennas
2. SECTION X - GENERAL PROVISIONS
'File t2ae and iocatfen e£ aetelltbe or - -!66h ar3e�rnrea.%a�
r
.r r...r
H. Antennas and Antenna Systems /Structures
1. Broadcast receiving antennas or communication
antennas shall not extend more than forty (40')
feet above grade in any zoning district uQOn site
plan review and approval by the Town Commission
and upon issuance of a building permit by the
Town.
2. Satellite television antenna systems may be
Permitted in any zoning district upon site plan
review and approval by the Town Commission and
the issuance of a building permit by the Town.
3. Satellite television antenna systems shall not
exceed twenty (20') feet in diameter or
width.
Satellite television antenna systems shall be
considered as accessory structures and shall be
subject to the applicable site plan review
recuirements and regulations of this Zoning
Ordinance.
5. Unless specific approval is granted by the Town
Commission, satellite television antenna systems,
broadcast receiving antennas or communication
antennas shall be ground mounted and located in
such areas as to be screened or buffered from
view from adjacent properties rights -of way the
Intra- Coastal Waterway, and /or the Atlantic
Ocean.
6. There shall not be more than one satellite
television antenna system broadcast receiving
antenna, or communication antenna per residential
building or condominium association on any
platted lot or parcel
7. Upon receipt of site plan approval and prior to
the issuance of a building permit the Town
Commission shall review the installation plans,
which plans must be signed and sealed by a
professional engineer registered in the State of
Florida who shall certify that the proposed
satellite television antenna system is wind
resistant with an ability to withstand winds up
to one - hundred twenty (120) miles per hour. The
calculations and said certification by the
engineer shall be submitted along with the plans
This completes the proposed revisions. These should be prepared
in ordinance format for discussion at the Town Commission meeting
of Friday, November 9, 1984.
If you have any questions or comments, please call me.
i
Eugene A. Caputo
r�
+• ! II ORDINANCE NO. 84 -5
AN ORDINANCE OF THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM, FLORIDA,
PROHIBITING DEBRIS, NOXIOUS GROWTHS,
ETC. ON PROPERTY AND DECLARING SAME
TO BE A PUBLIC NUISANCE; PROVIDING
FOR NOTICE TO REMOVE; AND PROVIDING
AUTHORITY TO THE TOWN TO ABATE UPON
FAILURE OF OWNER TO COMPLY; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFI-
CATION; PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, FLORIDA, as follows:
Section 1. The presence of debris, rubbish, trash,
containers, paper, stagnant water, vines or underbrush, weeds,
wild growths or grass in excess of twelve (12) inches in height
located on any lot, tract or parcel of land, or upon the exterior
of any building or structure within the Town shall be unlawful
and is hereby prohibited and declared to be a public nuisance
to the extent that it constitutes a menace to life, property,
the public health, the public welfare, creates a fire hazard,
or provides a nest or breeding ground for sandflies, mosquitoes,
rats, mice, other rodents, snakes or other types of pest and
vermin.
Section 2. The town manager is hereby authorized
and empowered to notify, in writing, the owner of any such
lot, place or area within the town, or the agent of such owner,
to cut, destroy, remove or alleviate conditions existing on
such lot, place or area within the town as described in Section 1.
Such notice shall be by registered or certified mail, addressed
to the owner or the agent of the owner, at his last known address.
Section 3. Upon the failure, neglect or refusal
of any owner or agent notified pursuant to Section 2 to remove
and eliminate the conditions described in Section 1 the town
manager is authorized, upon approval by the town commission,
to contract and pay for such maintenance and bill the property
owner or his agent as provided in the Code of Ordinances.
Section 4. If any section, paragraph, clause, phrase
or term of this Ordinance be declared invalid, the same shall
not operate to invalidate any other provisions.
Section 5. This Ordinance shall be codified and
made a part of the official Code of Ordinances of the Town
of Gulf Stream, Florida.
Section 6. This Ordinance shall be in full force
and effect from and after its passage and approval according
to law.
PASSED AND ADOPTED ON „p READING THIS I3rt.
DAY OF 00U,`,. 1984. - --
EST:
-
Deputy Town erk
) � 1`itt',l'116
- 2 -