HomeMy Public PortalAbout04/11/1986COMMISSIONERS
WILLIAM F. XOCH, JR., Mayor
JOEL HUNTER, Vice Mayor
ALAN I. ARMOUR
ROBERT J. DIXSON
BRIAN PFEIFLER
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
AGENDA
TOWN COMMISSION MEETING
APRIL 11, 1986
1. Roll Call.
2. Approval of Minutes: March 14, 1986 and March 26, 1986.
3. Staff Report.
a. Financial Report
b. Police Report
c. Manager's Report
d. Bond Issue Project Report
e. Town Attorney Report
f. Public Works Report
g. Code Enforcement Officer
MAIL ADDRESS
246 SEA ROAD
GULF STREAM, FLORIDA
33444
TEL.: GULF STREAM
2]65115
Town Manager
WILLIAM E. GWYNN
Town Clerk
BARBARA GWYNN
Chief of Police
JAMES GREER
4. Planning and Zoning Board Report
P.B. #86 -2 - A request by William Evans for the replatting
of property located at 1919 N. Ocean Blvd. to be known as the
William H. Evans Subdivision.
P.B. 1186 -9 - A request by John Therien for site plan approval of a
new single family residence to be located at 445 Old School Road and
described as Lot 4, H.V. pope Subdivision.
P.B. 1186 -10 - A request by Jens Hartung for site plan approval of a new
single family residence to be located at 2740 Cardinal Circle and
described as Lot 8, Place Au Soleil.
BOA 112 -86 - A request by Dr. William Luke for variance to Section VII.K.L. o:
the Zoning Ord. reducing the single family side yard setback from the re-
quired 22.5 feet toa proposed 12.0 feet for the construction of an addition
to an existing single family residence located at 530 Middle Road and
described as Lot 18 and the east half of Lot 17. Gulf Stream Cove.
P.B. 1186 -11 - A request by Dr. William Luke for site plan approval
of an addition to an existing single family residence at 530 Middle Road
and described as Lot 18, and the east half o Lot 17, Gulf Stream Cove.
5. Second and Final reading of Ordinance 86 -2 - Zoning change.
6. First reading of Water Ordinance 86 -3.
7. Commissioner Comments /Recommendations.
8. Public Comments /Request.
9. Adjournment.
COMMISSIONERS
William F. Koch, Jr., Mayor
Joel Hunter, Vice Mayor
Alan I. Armour
Robert J. Di,son
Brian Pfelller
1
2
3
Roll Call.
PTBAPT1t
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
MAIL ADDRESS
246 SEA ROAD
MINUTES GULF STREAM, FLORIDA
x]444
TOWN COMMISSION PUBLIC HEARING AND MEETING TEL.: GULF STREAM
2765116
April 11, 1986 Town Manager
WILLIAM E. GWYNN
Deputy Town Clerk
BARBARA GWYNN
Chief of Police
JAMES GREER
Others Present
Mayor Koch
Vice Mayor Hunter
Commissioner Armour
Commissioner Dixson
Commissioner Pfeifler
Public Hear
Bill Gwynn, Town Manager
Barbara Gwynn, Town Clerk
Gene Caputo, Town Consultant
Jim Greer, Police Chief
Clarence Sova, Public Works Supervisor
Lou Sessa, Code Enforcement Ofcr.
John Randolph, Town Attorney
Charles Eaton
Earl Harvel, Sr.
Earl Harvel, Jr.
Consideration of proposed rezoning and second reading of Ordinance 86 -2.
Mr. Gwynn read Ordinance 86 -2 by title. Mayor Koch asked if there was anyone
in the audience who wished to speak in favor of or against the proposed rezoning.
There being no public comments, the public hearing was closed.
Upon a motion by Mr. Armour and second by Mr. Dixson, the Commission unanimously
approved Ordinance 86 -2, thereby rezoning the properties specified therein.
Approval of Minutes: March 14, 1986 and March 26, 1986.
Upon a motion by Mr. Hunter and second by Mr. Dixson, both sets of minutes
were unanimously approved by the Commission.
Staff Report.
a. Financial Report.
Upon a motion by Mr. Dixson and second by Mr. Armour, the financial report
was unanimously approved as submitted by Mr. Gwynn.
b. Police Report.
Following a motion by Mr. Hunter and second by Mr. Dixson, the police report
was unanimously approved as presented by Chief Greer.
Mr. Armour asked to go on record as requesting that policy be set regarding
police department salary increases and working conditions, both of which
were addressed in the Rusten Report Police Survey.
Minutes
Commission Meeting
April 11, 1986
page 2
Mayor Koch stated that the issue would be discussed during budget sessions
later this year.
c. Manager's Report.
Mr. Gwynn stated that Earl Harvel, Sr.& Jr. were present to discuss a drainage
problem along Old School Road.
Following a brief discussion and a motion by Mr. Pfeifler and second by Mr.
Dixson, the Commission unanimously approved the project to proceed with Mr.
Harvel to provide cost estimates to the Town.
d. Bond Issue Project Report.
Mayor Koch reported on the status of the Town Hall construction project.
e. Town Attorney Report.
Mr. Randolph reported on the "Open Container Law" recently passed by the
County and advised the Town to wait until the State takes action.
Mr. Hunter asked about the status on the law suit against the Town regarding
a violation of its Sign Regulations.
Mr. Randolph stated that the case had been dismissed due to an improperly
issued citation.
f. Public Works Report.
Mr. Sova stated that the Place Au Soleil Association had requested certain
work to be done at the U.S.1 entrance.
Mr. Harry Kates, representing the Association indicated that they would
like to relocate the landscaping.
The Commission suggested that plans be prepared depicting the proposed
changes and that they be presented to the Planning and Zoning Board for
review.
g. Code Enforcement Officer.
Mr. Sessa reported on the status of current and active building permits.
4. Planning and Zoning Board Report.
Mr. Charles Eaton, Planning and Zoning Board Vice Chairman was present to discuss
the following items:
P.B. #86 -2
A request by William Evans for the replatting of property located at 1919 N.
Ocean Blvd. to be known as the William H. Evans Subdivision.
Motion by Mr. Dixson, second by Mr. Armour, unanimously approved by the Commission.
Minutes
Commission Meeting
April 11, 1986
page 3
P.B. 4186 -9
A request by John Therien for site plan approval of a new single family
residence to be located at 445 Old School Road, and described as Lot 4,
H.V. Pope Subdivision.
Motion by Mr. Dixson, second by Mr. Hunter, unanimously approved by the
Commission.
P.B. 1186 -10
A request by Jens Hartung for site plan approval of a new single family
residence to be located at 2740 Cardinal Circle and described as Lot 8,
Place Au Soleil.
Motion by Mr. Armour, second by Mr. Hunter, unanimously approved by the
Commission.
BOA 112 -86
A request by Dr. William Luke for variance to Section VII.K.L, of the Zoning
Ordinance reducing the single family side yard setback from the required
22.5 feet to a proposed 12.0 feet for the construction of an addition to
an existing single family residence located at 530 Middle Road and described
as Lot 18 and the east half of Lot 17, Gulf Stream Cove.
Motion by Mr. Armour, second by Mr. Hunter, unanimously approved by the
Commission.
P.B. 1186 -11
A request by Dr. William Luke for site plan approval of an addition to an
existing single family residence located at 530 Middle Road, and described
as Lot 18, and the east half of Lot 17, Gulf Stream Cove.
Motion by Mr. Pfeifler, second by Mr. Armour, unanimously approved by the
Commission.
5. Second and Final reading of Ordinance 86 -2 - Zoning change.
This Ordinance was read and approved on second and final reading during the
public hearing held just prior to this morning's regular Commission meeting.
6. First reading of Water Ordinance 86 -3.
Following the first reading of the Ordinance by Mr. Gwynn, and upon a motion by
Mr. Hunter and second by Mr. Pfeifler, the Ordinance was unanimously approved
on first reading.
7. Commissioner Comments /Recommendations.
Mr. Hunter moved that a resolution of appreciation by prepared for Mrs. LaPorte
for the donation of her antique table for Town Hall. Seconded by Mr. Dixson
and unanimously approved.
Minutes
Commission Meeting
April 11, 1986
page 4
8. Public Comments /Request.
Mr. Gwynn read several letters from the public regarding various matters of
Town business.
8. Adjournment.
There being no further business, the meeting was adjourned at 10:15 A.M.
Eugene A. Caputo,
Town Consultant
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HARRY A. JOHNSTON II
DONALDJ.SASSER
JOHN C. RANDOLPH
H. ADAMS WEAVER
MAUREEN A. HACKETT
ANN MARIE G. RE220NICO
JOYCE A. CONWAY
JOHNSTON, SASSER, RANDOLPH Sc WEAVER
ATTORNEYS AND COUNSELORS AT LAW
310 OKEECHOBEE BOULEVARD
WEST PALM BEACH, FLORIDA 33402
P. O. BOX M
February 3, 1986
Mr. Gene Caputo
c/o Town of Gulf Stream
246 Sea Road
Gulf Stream, Florida 33444
Re:
Dear Gene:
Zoning Ordinance
HENRY F. LILIENTHAL
1902-1982
HARRY ALLISON JOHNSTON
IB95.1983
(305) 655 -0108
I have drafted a proposed ordinance which would
amend the zoning classification of Lots 3, 4, 5, 6,
7, 8 and 9 of Palm Beach Shores Acres within the Town
of Gulf Stream from "RM" multiple family residential
district to "RS" residential single family district.
Also, for your information, I am enclosing a copy of
Section 166.041 of the Florida Statutes which indicates
the procedures which need to be followed in order to
institute this change. Also, I am including a copy
of 163.3194 relating to the legal status of the Comprehensive
Plan which indicates at sub - paragraph (2) thereof that
the zoning ordinance amendment shall not be changed
until the matter has been referred to the local planning
agency or to a separate land development regulation
commission created pursuant to local ordinance.
This proposed ordinance will have to go before
the Planning Commission for review and recommendation
and then subsequent to its review go to the Town Commission
for consideration. Once considered by the Commission,
in the event the Commission is in favor of proceeding
with this matter, please note pursuant to 166.041(3)(c)
that the Town shall direct the Clerk to notify by mail
each real property owner whose land the municipality
will rezone. The notice shall state the substance of
the proposed ordinance as it affects that property owner
and shall set a time and place for one or more public
hearings on such ordinance. Such notice shall be given
at least thirty (30) days prior to the date set for
J the public hearing. The governing body shall hold a
public hearing on the proposed ordinance and may, upon
the conclusion of hearing, immediately adopt the ordinance.
Mr. Gene Caputo
February 3, 1986
OPage Two.
A proposed schedule could be as follows:
(a) February 5 - Consideration by the Planning
Commission
(b) February 14 - Consideration by the Town
Commission
(c) Assuming the Town Commission is in favor
of proposing the change, the Clerk shall
be directed to give the appropriate notice
which ought to be able to be accomplished
by February 21.
(d) A special meeting of the Town
could be set up subsequent to
days of the date of notice or
hearing could be held at the
commission meeting in April.
something which will have to
by the Town Commission prior
of the hearing going out.
Commission
thirty (30) <� «'
the public
regular
This is
be determined
to the notices
(e) Subsequent to the public hearing, in
the event the Town Commission desires
to go forward with the adoption of the
ordinance, the ordinance would be put
on first reading.
(f) A subsequent public hearing and second
reading can then be held after the ordinance
has been published in a newspaper of
general circulation at least ten (10)
days prior to its second reading.
The entire process above could be shortened
by having the first reading of the ordinance take place
at the first meeting of the Commission in regard to
this matter on February 14. This procedure would anticipate
that you would then only have one public hearing at
least thirty (30) days subsequent to the notice to affected
property owners going out and then the second reading
of the ordinance would take place at the conclusion
of that public hearing. Unless time is of the essence,
I do not necessarily recommend the shortened procedure.
Ve ul our
N C. RANDOLP
JCR/lsn
Enclosure
JOHNSTON, SASSER, RANDOLPH & WEAVER
1985
nt to
1(g),
con -
rcise
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unty
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area
ality
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131.
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be-
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,..y
,ed
3
aid
F.S. 1985
MUNICIPALITIES Ch. 166
within the municipality or at a special election called for
such purpose.
(2) Upon adoption of an amendment to the charter
of a municipality by a majority of the electors voting in
a referendum upon such amendment, the governing
body of said municipality shall have the amendment in-
corporated into the charter and shall file the revised
charter with the Department of State, at which time the
revised charter shall take effect.
(3) A municipality may amend its charter pursuant to
this section notwithstanding any charter provisions to
the contrary. This section shall be supplemental to the
provisions of all other laws relating to the amendment of
municipal charters and is not intended to diminish any
substantive or procedural power vested in any munici-
pality by present law. A municipality may, by ordinance
and without referendum, redefine its boundaries to in-
clude only those lands previously annexed and shall file
said redefinition with the Department of State pursuant
to the provisions of subsection (2).
(4) There shall be no restrictions by the municipality
on any employee's or employee group's political activity,
while not working, in any referendum changing employ-
ee rights.
(5) A municipality may, by unanimous vote of the
governing body, abolish municipal departments provid-
ed for in the municipal charter and amend provisions or
language out of the charter which has been judicially
construed to be contrary to either the state or federal
constitution.
MOM. —s. 1. ch, 73-12.
166.032 Electors. —Any person who is a resident of
a municipality, who has qualified as an elector of this
stale, and who registers in the manner prescribed by
general law and ordinance of the municipality shall be
a qualified elector of the municipality.
Mstaq —s. 1, ch. 7342.
166.041 Procedures for adoption of ordinunces
and resolutions. —
(1) As used in this section, the following words and
terms shall have the following meanings unless some
other meaning is plainly indicated:
(a) 'Ordinance- means an official legislative action of
a governing body, which action is a regulation of a gen-
eral and permanent nature and enforceable as a local
law.
(b) 'Resolution- means an expression of a governing
body concerning matters of administration, an expres-
sion of a temporary character, or a provision for the dis-
position of a particular item of the administrative busi-
ness of the governing body.
(2) Each ordinance or resolution shall be introduced
in writing and shall embrace but one subject and mat-
ters properly connected therewith. The subject shall be
clearly stated in the title. No ordinance shall be revised
or amended by reference to its title only. Ordinances to
revise or amend shall set out in full the revised or amend-
ed act or section or subsection or paragraph of a section
or subsection.
(3)(a) Except as provided in paragraph (c), a pro-
posed ordinance may be read by title, or in full, on at
least 2 separate days and shall, at least 10 days prior to
adoption, be noticed once in a newspaper of general cir-
culation in the municipality. The notice of proposed en-
actment shall state the date, time, and place of the
meeting; the title or titles of proposed ordinances; and
the place or places within the municipality where such
proposed ordinances may be inspected by the public.
The notice shall also advise that interested parties may
appear at the meeting and be heard with respect to the
proposed ordinance.
(b) The governing body of a municipality may, by a
two - thirds vote, enact an emergency ordinance without
complying with the requirements of paragraph (a) of this
subsection. However, no emergency ordinance shall be
enacted which enacts or amends a land use plan or
which rezones private real property.
(c) Ordinances initiated by the governing body or its
designee which rezone specific parcels of private real
property or which substantially change permitted use
categories in zoning districts shall be enacted pursuant
to the following procedure:
1. In cases in which the proposed rezoning or
change in permitted use involves less than 5 percent of
the total land area of the municipality, the governing
body shall direct the clerk of the governing body to noti-
fy by mail each real property owner whose land the mu-
nicipality will rezone or whose land will be affected by
the change in permitted use by enactment of the ordi-
nance and whose address is known by reference to the
latest ad valorem tax records. The notice shall state the
substance of the proposed ordinance as it affects that
property owner and shall set a time and place for one
or more public hearings on such ordinance. Such notice
shall be given at least 30 days prior to the date set for
the public hearing, and a copy of the notice shall be kept
available for public inspection during the regular busi-
ness hours of the office of the clerk of the governing
body. The governing body shall hold a public hearing on
the proposed ordinance and may, upon the conclusion
of the hearing, immediately adopt the ordinance.
2. In cases in which the proposed ordinance deals
with more than 5 percent of the total land area of the mu.
nicipality, the governing body shall provide for public no-
tice and hearings as follows:
a. The local governing body shall hold two adver-
tised public hearings on the proposed ordinance. Both
hearings shall be held after 5 p.m. on a weekday, and
the first shall be held approximately 7 days after the day
that the first advertisement is published. The second
hearing shall be held approximately 2 weeks after the
first hearing and shall be advertised approximately 5
days prior to the public hearing. The day, time, and
place at which the second public hearing will be held
shall be announced at the first public hearing.
b. The required advertisements shall be no less than
one - quarter page in a standard size or a tabloid size
newspaper, and the headline in the advertisement shall
be in a type no smaller than 18 point. The advertisement
shall not be placed in that portion of the newspaper
where legal notices and classified advertisements ap-
pear. The advertisement shall be published in a newspa-
per of general paid circulation in the municipality and of
general interest and readership in the community, not
one of limited subject matter, pursuant to chapter 50. It
877
is the legislative intent that, whenever possible, the ad-
vertisement appear in a newspaper that is published at
least 5 days a week unless the only newspaper in the
community is published less than 5 days a week. The
advertisement shall be in the following form:
NOTICE OF ZONING (PERMITTED USE) CHANGE
The _In „ _. proposes to rezone
(change the permitted use of) the land within the area
shown in the map in this advertisement.
A public hearing on the rezoning will be held on td.,
RIX!_tim l at _1131" ,o olar 1
The advertisement shall also contain a geographic Ica
tion map which clearly indicates the area covered by ti-
Proposed ordinance. The map shall include major stret
names as a means of identification of the area.
c. In lieu of publishing the advertisement set out i
this paragraph, the municipality may mail a notice t
each person owning real property within the area cc
ered by the ordinance. Such notice shall clearly explai
the proposed ordinance and shall notify the person
the time, place, and location of both public hearings of
the proposed ordinance.
(4) A majority of the members of the governing bad
shall constitute a quorum. An affirmative vote of a majori
ty of a quorum present is necessary to enact any ordi
nance or adopt any resolution; except that two- thirds o
the membership of the board is required to enact a
emergency ordinance. On final passage, the vote o
each member of the governing body voting shall be en.
tered on the official record of the meeting. All ordinances
or resolutions passed by the governing body shall be-
come effective 10 days after passage or as otherwise
Provided therein.
(5) Every ordinance or resolution shall, upon its final
passage, be recorded in a book kept for that purpose
and shall be signed by the presiding officer and the clerk
of the governing body.
(6) The procedure asset forth herein shall constitute
a uniform method for the adoption and enactment of mu.
nicipal ordinances and resolutions and shall be taken as
cumulative to other methods now provided by law for
adoption and enactment of municipal ordinances and
resolutions. By future ordinance 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, a municipality shall not have the power
or authority to lessen or reduce the requirements of this
section or other requirements as provided by general
law.
Nhtory. —a. I, dr. 71129: a. 2. dr. 7 &155; a. 2, Ch. 77331: a. I. Ch. 93440: s. 1,
M. 93301.
166.042 Legislative Intent. -
73- 1129, the
Lawslegislative
FlordatOftChaptersr167, 16 chap-
ter .
172, 174, 176, 178, 181, 183, and 184 of Florida Statutes
shall not be interpreted to limit or restrict the powers of
municipal officials, but shall be interpreted as a recogni.
tion of constitutional powers. It is, further, the legislative
intent to recognize residual constitutional home rule
Powers in municipal government, and the Legislature
finds that this can best be accomplished by the removal
of legislative direction from the statutes. It is, further, the
legislative intent that municipalities shall continue to ex.
ercise all powers heretofore conferred on municipalities
by the chapters enumerated above, but shall hereafter
exercise those powers at their own discretion, subject
only to the terms and conditions which they choose to
prescribe.
(2) Nothing contained in s. 5, chapter 73 -129, Laws
of Florida, shall be interpreted to impair any claim
against a municipality or to affect the validity of any
bonds or obligations issued under authority of any of the
chapters enumerated In subsection (1).
aMmr. —a. 5, Ch. 71129.
` 166.0425 Sign ordinances. — Nothing in chapter
n 78.8, Laws of Florida, shall be deemed to supersede the
o rights and powers of municipalities and counties to es.
V_ tablish sign ordinances; however, such ordinances shall
n not conflict with any applicable state or federal laws.
iiStery. —a. 5, Ch. 7M.
Of Nob. AJ- WbkMd at a. 125.0102
166.043 Ordinances and rules imposing price con-
y trots; findings required; procedures. —
(1)(a) Except as hereinafter provided, no county,
municipality, or other entity of local government shall
I adopt or maintain in effect an ordinance or a rule which
n has the effect of imposing price controls upon a lawful
f business activity which is not franchised by, owned by,
or under contract with, the governmental agency, unless
specifically provided by general law.
theben enactment by local this section shall not
of public service
rates otherwise authorized by law, including water, sew-
er, solid waste, public transportation, taxicab, or port
rates.
(2) No law, 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 determined, as herein-
after provided, that such controls are 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 termi-
nate 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.
(4) Notwithstanding any other provisions of this sec-
tion, no controls shall be imposed on rents for any ac-
commodation used or offered for residential purposes
as a seasonal or tourist unit, as a second housing unit,
or on rents for dwelling units located in luxury apartment
buildings. For the purposes of this section, a luxury
apartment building is one wherein on January 1, 1977,
the aggregate rent due on a monthly basis from all dwell.
ing units as stated in leases or rent lists existing on that
date divided by the number of dwelling units exceeds
$250.
(5) No municipality, county, or other entity of local
government shall adopt or maintain in effect any law, or.
878
F.S. 1985 ' S 1985 INTERGOVERNMENTAL PROGRAMS Ch. 163
F..
ehensive
adopted
than two
a case of
ants may
idar year
approval
:mergen-
ether ac-
,r peace,
,orharm
r loss of
I govern -
y related
may be
lered by
he appli-
cedures
tion and
statutory
onsider-
ve plan.
quire fa-
11ely be-
impact.
pre-
_ -a as
plan, or
4. Com-
h a way
Ian pur-
modifi-
rt of the
i of this
1e state
prehen-
govern -
dments
itinually
lanning
.86-55.
Hehen-
us and
all pre-
, which
a every
)Ian, or
;mitted
squeal
ct that 8
)dated y�
-val-
ve
am ap.
ations,
(a) The major problems of development, physical
deterioration, and the location of land uses and the so-
cial and economic effects of such uses in the area.
(b) The condition of each element in the comprehen-
sive plan at the time of adoption and at date of report.
(c) The comprehensive plan objectives as com-
pared with actual results at date of report.
(d) The extent to which unanticipated and unfore-
seen problems and opportunities occurred between
date of adoption and date of report.
(3) The report shall also suggest changes needed to
update the comprehensive plan, or elements or portions
thereof, including reformulated objectives, policies, and
standards.
(4) The governing body shall adopt, or adopt with
changes, the report or portions thereof. The governing
body shall amend its comprehensive plan based on the
recommendations contained in the adopted evaluation
and appraisal report, pursuant to the procedures in s.
163.3187. Amendments to the plan and the adoption of
the report may be simultaneous. When amendments to
the plan do not occur simultaneously with the adoption
of the evaluation and appraisal report, the report shall
contain a schedule for adoption of proposed amend-
ments within 1 year after the report is adopted. The re-
port and a complete copy of the comprehensive plan as
it is amended as a result of the report shall be transmit-
ted to the state land planning agency, to the regional
agency having responsibility over the area, and, for mu-
nicipalities, to the county planning agency.
(5) A local government whose evaluation and ap-
praisal report is due prior to the date that its revised plan
is due pursuant to s. 163.3167(2) may notify the state
land planning agency that it shall complete its evalua-
tion and appraisal report in accordance with this section
at the time specified or provided for submission of a re-
vised comprehensive plan in compliance with this part.
Upon such notification, the stale land planning agency
shall extend any due dates established pursuant to sub-
section (1).
Hb1my —e. 11, ch. 75257; B. 10, ch. 8555.
163.3194 Legal status of comprehensive plan. —
(1)(a) After a comprehensive plan, or element or por-
tion thereof, has been adopted in conformity with this
act, all development undertaken by, and all actions tak-
en in regard to development orders by, governmental
agencies in regard to land covered by such plan or ele-
ment shall be consistent with such plan or element as
adopted.
(b) All land development regulations enacted or
amended shall be consistent with the adopted compre-
hensive plan, or element or portion thereof, and any land
development regulations existing at the time of adoption
which are not consistent with the adopted comprehen-
sive plan, or element or portion thereof, shall be amend-
ed so as to be consistent. If a local government allows
an existing land development regulation which is incon-
sistent with the most recently adopted comprehensive
plan, or element or portion thereof, to remain in effect,
the local government shall adopt a schedule for bringing
the land development regulation into conformity with the
provisions of the most recently adopted comprehensive
plan, or element or portion thereof. During the interim
period when the provisions of the most recently adopted
comprehensive plan, or element or portion thereof, and
the land development regulations are inconsistent, the
provisions of the most recently adopted comprehensive
plan, or element or portion thereof, shall govern any ac-
tion taken in regard to an application for a development
order.
(2) After a comprehensive plan for the area, or ele-
ment or portion thereof, is adopted by the governing
body, no land Oevelopment regulation, land develop-
ment code, or amendment thereto shall be adopted by
the governing body until such regulation, code, or
amendment has been referred either to the local plan-
ning agency or to a separate land development regula-
tion commission created pursuant to local ordinance, or
to both, for review and recommendation as to the rela-
tionship of such proposal to the adopted comprehensive
plan, or element or portion thereof. Said recommenda-
tion shall be made within 'a reasonable time, but no later
than within 2 months after the time of reference. If a rec-
ommendation is not made within the time provided, then
the governing body may act on the adoption.
(3)(a) A development order or land development
regulation shall be consistent with the comprehensive
plan if the land uses, densities or intensities, and other
aspects of development permitted by such order or reg-
ulation are compatible with and further the objectives,
policies, land uses, and densities or intensities in the
comprehensive plan and if it meets all other criteria enu-
merated by the local government.
(b) A development approved or undertaken by a lo-
cal government shall be consistent with the comprehen-
sive plan if the land uses, densities or intensities, capaci-
ty or size, timing, and other aspects of the development
are compatible with and further the objectives, policies,
land uses, and densities or intensities in the comprehen-
sive plan and if it meets all other criteria enumerated by
the local government.
(4)(a) A court, in reviewing local governmental ac-
tion or development regulations under this act, may con-
sider, among other things, the reasonableness of the
comprehensive plan, or element or elements thereof, re-
lating to the issue justiciably raised or the appropriate-
ness and completeness of the comprehensive plan, or
element or elements thereof, in relation to the govern-
mental action or development regulation under consid-
eration. The court may consider the relationship of the
comprehensive plan, or element or elements thereof, to
the governmental action taken or the development regu-
lation involved in litigation, but private property shall not
be taken without due process of law and the payment
of just compensation.
(b) It is the intent of this act that the comprehensive
plan set general guidelines and principles concerning its
purposes and contents and that this act shall be con.
strued broadly to accomplish its stated purposes and
objectives.
(5) The tax- exempt status of lands classified as agri-
cultural under s. 193.461 shall not be affected by any
comprehensive plan adopted under this act as long as
the land meets the criteria set forth in s. 193.461.
841
MW11 (POLICE ACTIVITY REPORT
I. Theft
2.
3.
4.
5.
6.
7.
8.
9..
10:
11.
12.
13.
14.
15.
POLICE SERVICE CANS
1.
Traffic Incidents - 5
Suspicious Incidents - 10
3,
Civil Assists - 5
4.
Assist other Departments - 7
5 .
Ordinance Violations - 2
6
Disturbance - 1
KPolice
Service - 3
8.
9.
10.
11.
12.
13.
14.
15.
TOTAL CWZ EUR THE MWBI 63
MaM OF March 19_.
ALARM 25
MEDICAL
FIN.'
11MMIGATIONS
PFIIDING .
AOCIDENP
INVESTIGATIONS
ARRPS15
•
DW 1
TRWIC 33
ASSIST nu
DEPARIMM
URRFSTS)
..111'1I:J W. GPIMR
CHIEF OF POLICE
HARVEL & DELAND
UTILITY CONTRACTORS
DELRAY BEACH, FLORIDA
33444
270 N. E. 16TH STREET
Gor 3 L.a -r
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lPHONE 2765557
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EXIST CR7cH BASIN
W
d
N
MEMORANDUM
March 31, 1986
TO: Chief James Greer
FROM: Joel D. Ware / �W(�
RE: Four - Wheeler Patrol of Gulf Stream Beach
Sunday, March 30, 1986
----------------------------------------- - - - - --
I would like to express my personal appreciation for the presence
of the four - wheeler on the Gulf Stream beach at 4:10 p.m.,
Sunday. Your officer may have reported to you that when he
approached the E1 Cortijo beach area, the joggers immediately
called their dogs (not on a leash) and left at the Delray Beach
exit; very typical; of course, no other action was taken. The
point is that the presence of an officer is necessary to control
individuals frequently showing no respect for the Gulf Stream
Ordinance or the Gulf Stream residents.
JDW /jld
cc: Town of Gulf Stream Commissioners
William E. Gwynn, Town Manager
Comeau BuSdiap
919 Clematia Street, Suite 215
went Palm Beach, Florida 33491
Charlanne Camp Bullard
Attorney
1306168"U3
March 21, 1986
Chief James Greer
Police Department Town of Gulfstream
246 Sea Road
Gulfstream, Florida 33444
RE: Officer Delorme
Dear Chief Greer:
Direct rePSea to:
P. O. Bo: 141
lake Worth, Florida 33480
As you know, last week I was stopped by Officer Delorme and given a warning
for exceeding the speed limit. I am NOT writing this letter as a means of
thanking the officer for giving me a warning rather than a speeding ticket.
It was his professional judgment as to which to give. (I happen to think he
used good judgment.)
I am writing this letter to let you know my impressions of the officer. I was
on my way home after an intensive three day seminar in Miami. Needless to
say, I was rather tired, eager to return home and not paying much attention to
the speed limit. I did not tell the officer any of this while he patiently
waited for me to find my license (hidden in my crammed wallet) and registra-
tion (hidden in a Florida road map stuffed in the glove box). He was most
courteous and patient while I searched the paper jungle. I was impressed with
his attitude and tired enough to be grateful that he did not give me a hard
time.
After giving me the warning, he clearly explained its purpose and
ramifications with respect to my driving record. I was pleased to learn that
it would not be reflected on my sixteen year driving record which has no
violations recorded. Once again, I was impressed with his courteous attitude,
efficiency in his quick assessment of the situation and very professional
conduct.
In light of my brief encounter with one of your officers, I can understand why
your department won national recognition, especially if his demeanor is
representative of your department policy.
Very truly yours,
C. Bullard
11
ORDINANCE NO. 86 -2
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 83 -1, THE
COMPREHENSIVE ZONING ORDINANCE OF THE TOWN
OF GULF STREAM AND THE ZONING MAP OF THE
TOWN BY AMENDING THE BOUNDARIES OF THE "RS"
RESIDENTIAL SINGLE FAMILY DISTRICT AND THE
"RM" MULTIPLE FAMILY RESIDENTIAL DISTRICT
WITHIN THE TOWN SO AS TO AMEND THE ZONING
CLASSIFICATION OF LOTS 3, 4, 5, 6, 7, 8
AND 9 OF PALM BEACH SHORES ACRES FROM THE
PRESENT "RM" MULTIPLE FAMILY RESIDENTIAL
DISTRICT TO "RS" RESIDENTIAL SINGLE FAMILY
DISTRICT, AS REFLECTED ON THE ZONING MAP
ATTACHED HERETO; FURTHER AUTHORIZING THE
ZONING MAP OF THE TOWN OF GULF STREAM TO
BE AMENDED TO REFLECT THE AMENDMENTS MADE
HEREIN; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the future land use map of the Comprehensive
Development Plan of the Town of Gulf Stream designates the
properties described herein as single family; and
WHEREAS, pursuant to Florida Statute, land development
regulations such as zoning ordinances are required to be consistent
11 with the adopted Comprehensive Plan; and
WHEREAS, the exisiting use of the property described
herein is a single family residential land use; and
WHEREAS, adjacent properties to the west and to the
north of the properties described herein are presently zoned
"RS" residential single family district; and
WHEREAS, it is the desire of the Town Commission
of the Town of Gulf Stream that the single family residential
use of the properties described herein be continued;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION
OF THE TOWN OF GULF STREAM, FLORIDA, as follows:
Section 1. Ordinance No. 83 -1 of the Town of Gulf
Stream and the official zoning map of the Town is hereby amended
so as to amend the zoning classification of Lots 3, 4, 5, 6,
7, 8 and 9, PALM BEACH SHORES ACRES, from "RM" multiple family
residential district to "RS" residential single family district
as reflected on the zoning map attached hereto.
i
r�
Section 2. The official zoning map of the Town of
Gulf Stream is hereby authorized to be amended so as to reflect
the change of boundaries amending the classification of the
lots described in paragraph 1 above from "RM" multiple family
residential district to "RS" residential single family district.
Section 3. All ordinances or parts of ordinances
in conflict with this ordinance are hereby repealed.
Section 4. Should any part or portion of this ordinance
be 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 the provisions of this ordinance are hereby declared
severable.
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 take effect immediately
upon its passage and approval as provided by law.
PASSED AND ADOPTED by the Commission of the Town
of Gulf Stream, Palm Beach County, Florida, on 2nd reading,
this 11th day of
TEST:
TOWN CLERK
April
1986.
MAYOR
l
OWN
COMMISSIONER I
COtWjISSXM-R
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I
TOWN OF GULF STREAM
COMMISSIONERS
PALM BEACH COUNTY, FLORIDA
WILLIAM F. KOCH, JR., Mayor
JOEL HUNTER, Vlca Mayor
ALAN I. ARMOUR
ROBERT J. DI %SON
BRIAN PFEIFLER
April 17, 1986
Mayor William F. Koch, Jr.
Town of Gulf Stream
Florida
Dear Bill:
It is with regret that I will offer my resignation as Vice
Mayor and Commissioner of the Town of Gulf Stream to become
effective at the close of the next meeting of the Commission,
May 9, 1986.
This action is made necessary by my projected absence from the
Town during the oncoming summer months. It is not feasible for
me to attend the Commission meetings when among other important
matters, the budget is to be prepared and adopted.
I have a real affection for our little Town and my association
with its people and staff and my fellow commissioners has been
warm and pleasant. I hope this feeling may persist after my
official retirement.
Sincerely yours,
Joel Hunter
Vice Mayer
cc: Town Commissioners
William Gwynn, Town Manager
Fritz'Souder, President of the Civic Association
MAIL ADDRESS
246 SEA ROAD
GULF STREAM, FLORIDA
7]444
TEL.: GULF STREAM
2765116
Town Manager
WILLIAM E. GWYNN
Town Clerk
BARBARA GWYNN
Chef of Police
JAMES GREER
Ernst &Whinny
Certified Public Accountants 310 Okeechobee Boulevard
West Palm Beach, Florida 33401
305/655 -8500
April 7, 1986
The Honorable Mayor and
Town Commission
Town of Gulf Stream
246 Sea Road
Delray Beach, Florida 33444
Dear Mayor and Commission:
This letter is to confirm the nature and extent of our services to the Town
of Gulf Stream, Florida.
We will examine the combined financial statements of the Town of Gulf
Stream, Florida, for the fiscal year ending September 30, 1986, in connec-
tion with the expression of our opinion on the fairness with which the
statements present financial position and results of operations in conform-
ity with generally accepted accounting principles consistently applied.
Our examination will be made in accordance with generally accepted auditing
standards and will include such tests of the accounting records and such
other auditing procedures as we consider necessary in the circumstances.
We do not contemplate a detailed examination of all transactions or expect
that we will necessarily discover fraud, should any exist. We will, how-
ever, inform you of any findings that appear unusual or abnormal.
Our fee for the aforementioned services will be based on our normal hourly
rates and will be billed monthly as the work progresses. We estimate the
total charges will not exceed the amounts for various funds as outlined in
the following schedule:
General Fund $ 3,700
Special Revenue Fund 300
Debt Service Fund 700
Capital Projects Fund 900
Special Assessments Fund 300
Enterprise Fund 900
$ 6,800
Any other accounting and consulting services as may be requested from time
to time will be provided at our normal hourly rates. We will provide you
with an estimate of our fees for a particular service at the time it is
requested.
Ernst & Whinney
The Honorable Mayor and
Town Commission
Page 2
April 7, 1986
If the foregoing meets with your approval, please sign the enclosed copy of
this letter and return it to us for our files.
Very truly yours,
V44VO-Jf)
Paul C. Bremer
Managing Partner
PCB : j ap
Enclosures
APPROVED:
By:
Date:
MQPF17fl;Y POLICE' ACI7VITY REPORT
MM W April 19 86
REPORTED CRIMES
ALAlNS
29
1.
Auto Burglary
MICAL
2
Z.
Stolen Vehicle (recovered)
•
Arson /Firebombing (Exceptionally cleared)
,
r1ro:
4.
Resisting Arrest
5.
Attempted Suicide
6•
INVESTIGATIMS
7.
MING
O
8.
.
9•
ACCIDW
10:
INVESTIGATIONS
11.
-
12.
13.
ARRESTS
14.
15.
M1SDE7+EJiNOR
1 '
POLICE SERVICE [`ar.r G
FE[4NY
1.
Extra Patrol - 3
(
1
Suspicious Incidents - 13
3,
Civil Assists - 2
TRAFFIC
4.
Found Property - 1
5.
Lost /Stolen Property - 3
ASSIST OI11E[i
6.
Traffic
DEPARp
7.'
Police Assist - 2
AARRESTS)
2
e.
Disturbance
9.
Assist other Departments
10.
Information Only
U.
12.
l3.
l4.
l5.
WM CALLS FOR THE MUMI 68
2 �y.
JAMS W. GREER
cwEF 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
73444
Alan 1. Armour
TEL.: GULF STREAM
Roball J. Garton
2765116
Brlan Plelller
Town Manager
WILLIAM E. GWYNN
Depuly Town Clark
BARBARA GWYNN
Chief of Police
May 12, 1986
JAMES GREER
Delray Beach News Journal
54 N. E. 4th Avenue
DElray Beach, Florida
Please place the following notice in your public notice
column: Thank you.
NOTICE TO RESIDENTS. TOWN OF GULF STREAM.
There will be a meeting of the Town Commission
Town of Gulf Stream, May 28th, 10 A.M. at the
Gulf Stream Town Hall, 100 Sea Road, Gulf
Stream, Florida. This is in regard to the
Town's Police Study.
Barbara Gwynn
Town Clerk
Florida
808GRAHAM
GOVERNOR
Department of Transportation
780 Southwest 24 Street
Fort Lauderdale, Florida 33315 -2696
Telephone: (305) 524 -8621
Ms. Barbara Gwynn
Town Clerk
246 Sea Road
Gulf Stream, Florida 33444
Dear Ms. Gwynn:
THOMAS E. DRAWDY
SECRETARY
April 18, 1986
Re: State Section 93060, State Road AIA
at 1511 Block, Gulf Stream -
Roadway Shoulder Repair
This is in reference to your April 11, 1986 letter concerning
the subject roadway. By copy of this letter, we are requesting
Mr. Dave Smith, Resident Maintenance Engineer for Palm Beach
County, to investigate the condition of the shoulder area and
take necessary action.
For your information, our latest schedule still shows the
resurfacing contract for State Road AIA in Gulf Stream to be let
next month, with construction to follow approximately two months
later.
WAL:rf
cc: Mr. Dave Smith (w /letter)
Sincerely,
'P. E.
Assistant District
Traffic Operations Engineer
Y1
COMMISSIONERS
WILLIAM F. KOCH, JR.. Mayor
JOEL HUNTER, Vice Mayor
ALAN I. ARMOUR
ROBERT J. DIXSON
BRIAN PFEIFLER
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
April 11, 1986
Mr. William A. Lewis
Assistant District
780 Southwest 24th Street
Ft. Lauderdale, Florida 33315 -2696
Dear Mr. Lewis:
MAIL ADDRESS
246 SEA
GULF STREAM, . FLO FLORIOI
33444
TEL.: GULF LF STREAM
2766118
Town Manager
WILLIAM E. GWYNN
Town Clerk
BARBARA GWYNN
Chief of Police
JAMES GREER
Thank you for your prompt attention in repairing the pot hole in the middle
of AIA at 1465 N. Ocean Blvd.
At the same address and at 1511 N. Ocean Blvd. the sides of the road need
repairing.
A few years ago I attended a meeting of the Department of Transportation
and it was my understanding that all of AlA in Gulf Stream was to be
repaved sometime in 1986. Is this still scheduled or has it been
changed?
Thank you for your attention in this matter.
Sincerely,
73aLL�La., �j�,Jk,6,
Barbara Gwynn
RECEIVED
APR 15 15x4
TRAFFIC OPLHATIONS
C
0
P
Y
Ernst & Whinny
Certified Public Accountants 310 Okeechobee Boulevard
West Palm Beach, Florida 33401
305/655 -8500
April 7, 1986
The Honorable Mayor and
Town Commission
Town of Gulf Stream
246 Sea Road
Delray Beach, Florida 33444
Dear Mayor and Commission:
This letter is to confirm the nature and extent of our services to the Town
of Gulf Stream, Florida.
We will examine the combined financial statements of the Town of Gulf
Stream, Florida, for the fiscal year ending September 30, 1986, in connec-
tion with the expression of our opinion on the fairness with which the
statements present financial position and results of operations in conform-
ity with generally accepted accounting principles consistently applied.
Our examination will be made in accordance with generally accepted auditing
standards and will include such tests of the accounting records and such
other auditing procedures as we consider necessary in the circumstances.
We do not contemplate a detailed examination of all transactions or expect
that we will necessarily discover fraud, should any exist. We will, how-
ever, inform you of any findings that appear unusual or abnormal.
Our fee for the aforementioned services will be based on our normal hourly
rates and will be billed monthly as the work progresses. We estimate the
total charges will not exceed the amounts for various funds as outlined in
the following schedule:
General Fund $ 3,700
Special Revenue Fund 300
Debt Service Fund 700
Capital Projects Fund 900
Special Assessments Fund 300
Enterprise Fund 900
$ 6,800
Any other accounting and consulting services as may be requested from time
to time will be provided at our normal hourly rates. We will provide you
with an estimate of our fees for a particular service at the time it is
requested.
_ Ernst & Whinney Page 2
The Honorable Mayor and
Town Commission
April 7, 1986
If the foregoing meets with your approval, please sign the enclosed copy of
this letter and return it to us for our files.
Very truly yours,
UA6-oln
Paul C. Bremer
Managing Partner
PCB: j ap
Enclosures
APPROVED:
Dated: �F /T�/6- 6
/ O o- (f c nun.
J_/ �9/ Lf�6